End of Commitment Report – To improve the information tools and data on bidding and contracting, qualifying and expanding the transparency of the São Paulo City Hall.

Name of Evaluator

Neusa Maria Bastos Fernandes dos Santos

Email

[email protected]

Member Name

São Paulo, Brazil

Action PlanAction plans are at the core of a government’s participation in OGP. They are the product of a co-creation process in which government and civil society jointly develop commitments to open governmen... Title

Action plan – São Paulo, Brazil, 2021 – 2024

CommitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action...

To improve the information tools and data on bidding and contracting, qualifying and expanding the transparencyAccording to OGP’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the pub... More of the São Paulo City Hall.

Title

To improve the information tools and data on bidding and contracting, qualifying and expanding the transparency of the São Paulo City Hall.

Action

The commitment aims to standardize the information relating to public bidding and contracting. Currently, it is not easy to answer how many contracts are in effect at the São Paulo City Hall, which ones are about to expire, how many were added, etc., and standardization would make it easier to obtain these answers without the need to consult several sources. Necessary actions to implement the commitment include adapting the Electronic Information System – where all processes in the São Paulo City Hall are generated and processed – and ensuring standardization in the instruction of processes in each agency and secretariat, in order to enable the direct and automatic export of information to a reformulated Official Gazette of the City of São Paulo. This exportation will enable citizens to access information in a single portal, in an open format and with a more accessible language, which will also be made easier with the availability of a glossary of technical terms related to bidding and contracts. Finally, training courses will be held so that both civil servants and civil society, especially public policy advisors, can take ownership of the new features of the City’s Official Gazette in their respective activities.

Problem

Lack of standardization of information related to public bidding and contracting, making it difficult to exercise social control over such information.

1.1 What was the overall level of progress in the commitment implementation at the time of this assessment?

Complete

Provide a brief explanation of your answer:

The 3rd Open Government Action Plan of São Paulo, developed through a dynamic co-creation processCollaboration between government, civil society and other stakeholders (e.g., citizens, academics, private sector) is at the heart of the OGP process. Participating governments must ensure that a dive..., resulted in four Commitments. Commitment 1 aimed to enhance transparency in tenders and contracts by improving data tools and was structured into four Milestones:
Establishing a Working Group for standardizing bidding processes in SEI, aligned with federal and municipal laws;
Publishing tender and contract data in open format via the Official Gazette;
Creating a knowledge base on technical terms for e-publication, promoting transparency and plain language;
Training on the Official Gazette tool to foster accessibility.
The implementation of Commitment 1 was highly satisfactory, as all nine action lines were completed, delivering concrete results across the four Milestones.
The full report is available at the end or through the link: https://drive.google.com/file/d/1-rLL7lMhoHA7xgxXxM7HjVMVfD6MBSVR/view?usp=drivesdk

Provide evidence that supports and justifies your answer:

Sao Paulo’s Third Open Government Action Plan

1.2 Describe the main external or internal factors that impacted implementation of this commitment and how they were addressed (or not).

The main external and internal factors that impacted the implementation of Commitment 1 can be listed as:

1) High commitment and participation of the different actors from Civil Society (Instituto de Governo Aberto, COLAB-USP and Observatório Social do Brasil – SP) and the Public Authorities: Executive Secretariat for Management, General Controller of the Municipality and Open Government Coordination (Secretaria Executiva de Gestão, Controladoria Geral do Município and Coordenaria de Governo Aberto).

2) Alignment of Commitment 1 with Open Government values such as transparency, public participationGiving citizens opportunities to provide input into government decision-making leads to more effective governance, improved public service delivery, and more equitable outcomes. Technical specificatio..., and/or public accountabilityAccording to OGP’s Articles of Governance, public accountability occurs when ”rules, regulations, and mechanisms in place call upon government actors to justify their actions, act upon criticisms ... More as defined by the Open Government declarationThe Open Government Declaration is the declaration of commitment to upholding the principles of open and transparent government, approved by the founding countries of OGP in 2011. Countries are requir... and the OGP governance articles.

3) The potential of Commitment 1 to generate significant impacts, with the following highlights:
– 1st version of the Glossary of Public ProcurementTransparency in the procurement process can help combat corruption and waste that plagues a significant portion of public procurement budgets globally. Technical specifications: Commitments that aim t... More of the São Paulo City Hall (PMSP).
– 2nd version of the Glossary of Public Procurement of the São Paulo City Council (PMSP).

Technical cooperation agreement between PMSP / SEGES and the Ministry of Economy (now MGI – Ministry of Management and Innovation in Public Services) for the collaborative development and use of the contratos.gov.br system.

1.3 Was the commitment implemented as originally planned?

All of the commitment milestones were implemented as planned

Provide a brief explanation of your answer:

The systematization and template of Commitment 1 show all the deliveries
that supported the 9 (nine) planned action steps for each of the 4 milestones of Commitment 1. We’ve listed the main highlights:

– Workshop at “Open Gov Week” on 19/05, with 30 participants.
– Publication of Normative Instruction 03/SEGES/2023 on 03/04/2023.
– Technical Cooperation Agreement between PMSP/SEGES and the Ministry of the Economy.
– Glossary of Public Procurement of the Municipality of São Paulo.
– Three video tutorials for civil servants on SEI and how to use it.
– Video presentation of the new Official Gazette
– 12 workshops on the new Official Gazette

Provide evidence for your answer:

Commitment delivery.

2.1.1. – Did the government disclose more information; improve the quality of the information (new or existing); improve the value of the information; improve the channels to disclose or request information or improve accessibility to information?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

This commitment focuses on improving information and data tools on tenders and contracts, enhancing the transparency of São Paulo City Hall. With this Commitment, the government has disseminated more information, improved its quality and value, enhanced dissemination channels, and increased accessibility. The following action steps stand out.

Action step 1.1.1. Holding an event to draw up a document of recommendations on transparency in public procurement and contracts
Action step 1.1.2. Analyse the standardization of the instruction of contracting processes, in accordance with current regulations, and propose a “from” – “to” reference document between documents in the SEI process and the Diário Oficial (Official Gazette), and at which point in the process it will be made public.
Action step 1.1.3. Adapt the System in accordance with this reference document and the structural possibilities of this tool
Action step 1.2.1. Make the necessary adjustments to the Official Gazette, following the “from” – “to” reference document between documents in the SEI process and the Official Gazette (focus on mandatory documents to tell the story of the process, which can be referenced to the Open ContractingA transparent procurement process, known as open contracting, increases competition, improves public service delivery, and ensures governments better value for their money. Technical specifications: C... More Data Standard);
Action step 1.2.2. Make documents available in HyperText Markup Language – HTML and Portable Document Format – PDF, as well as data in Comma-separated values – CSV and Application Programming Interface – API formats.

Provide evidence for your answer:

Details of the Rule (Normative Instruction)

2.1.2. – Did the government create new opportunities to seek feedback from citizens/enable participation inform or influence decisions; improve existing channels or spaces to seek feedback from citizens/enable participation/ inform or influence decisions; create or improve capabilities in the government or the public aimed to improve how the government seeks feedback from citizens/enables participation/ or allows for the public to inform or influence decisions?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

With Commitment 1, the government has created new opportunities for citizen feedback to inform and influence decisions, improved existing channels for citizen feedback, and enhanced capacities in government and the public to improve citizen feedback. The following action steps are worth highlighting:

Action step 1.3.1. Development of a glossary of technical terms used in acts relating to tenders and contracts, connected to the Official Gazette to link keywords when reading acts, and in simple language;

Action step 1.3.2. Construction and internal dissemination of a catalog of existing types of publications relating to tenders and contracts connected to the Official Gazette to connect keywords when reading acts, and in simple language.

Provide evidence for your answer:

Glossary of public procurement

2.1.3 Did the government create or improve channels, opportunities or capabilities to hold officials answerable to their actions?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

With Commitment 1, the government has improved channels, opportunities, and capacities to hold employees accountable for their actions through the following action steps:
– Action step 1.4.1. Train City Hall employees involved in contracting processes to implement the proposed standard;

– Action step 1.4.2. Provide a video tutorial for citizens on how to use the Official Gazette.

Provide evidence for your answer:

Official Publication and Communication

2.2 Did the commitment address the public policy problem that it intended to address as described in the action plan?

Yes

Provide a brief explanation of your answer:

Commitment 1, part of the 3rd Open Government Plan, promotes transparency, accountability, citizen participationAccording to OGP’s Articles of Governance, citizen participation occurs when “governments seek to mobilize citizens to engage in public debate, provide input, and make contributions that lead to m... More, technology, and innovation in São Paulo City Hall (PMSP). The PMSP has 28 secretariats, 32 units/sub-prefectures, and 14 municipalities and aims to manage knowledge of innovative practices among 120,000+ civil servants.
The Open Government Agents Program disseminates transparency, integrity, participation, and innovation tools (e.g., PMSP portals); builds and promotes the open government concept locally, nationally, and internationally.
The program is linked to the federal Team Brazil, linked to the CGU, supporting public management and anti-corruption efforts, notably in “3.1: training and capacity buildingEnhancing the skills, abilities, and processes of public servants, civil society, and citizens is essential to achieving long-lasting results in opening government. Technical specifications: Set of ac... for councilors.”
Focusing on the electronic information system (SEI), Commitment 1 aligns with the New Bidding Law (14.133/2021), enhancing:
Governance of public procurement information
Promoting a complete view of the procurement process
Contract management system

Provide evidence for your answer:

Detalhes da norma_2 

3. Provide at least one lesson or reflection relating to the implementation of this commitment. It can be the identification of key barriers to implementation, an unexpected help/hindrance, recommendations for future commitments, or if the commitment should be taken forward to the next action plan.

1. The prospect of continuing and updating the Annual Procurement Plans and the planning that each Secretariat must do, even though it is not yet a mandatory action, is included in the annual calendar.
2. Elaborate the Simple Guide to Public Procurement, which is to expand the Glossary of Public Procurement of the Municipality of São Paulo. The proposal also aims to make entries simpler and more accessible for those who use the Official Gazette.