Detailed Information :

Colombia

Year of Establishment: 2005

Project Phase: Completed

Participants:

• Local mayors and Colombian government
• National Congress and various contracting agencies
• Colombian Confederation of Chambers of Commerce (Confecámaras)
• Political Science Institute
• Business groups and associations (Colombian Infrastructure Chamber, the National Association of Industrialists, the Colombian Association of Engineers, Fasecolda, etc.)
• Center for International Private Enterprise (CIPE) - advocate

Scope:

• Creating a private sector Observatory group to monitor and engage the National Congress during the legislative process of reforming Law 80 of 1993, i.e., Colombia’s Procurement Law.

Key Facts:
Description

• The Observatory for the Reform of the Procurement Law was set up by the National Congress of Columbia, the Colombian Confederation of Chambers of Commerce, the Political Science Institute and business groups and associations to prevent corruption in public procurement.
• In 2005, the Observatory group monitored and engaged in the legislative process of reforming Law 80, the procurement law of 1993.
• The group generated opportunities for various sectors to debate and reflect on the content of draft Law No. 020, to keep the general public and the business community informed about the progress and to generate alternative reform proposals.

Implementation

• Members of the Observatory composed of various business organizations followed the sessions of the National Congress dealing with the procurement reform. Information compiled during the sessions was analyzed and made available to the public through the websites of the Observatory members. Conclusions and opinions were submitted to the National Congress;

Outcome

• The Observatory’s engagement in the reform process was reflected in the approval of Law 1150 of 2007 that made numerous amendments enhancing transparency and efficiency in government procurement;

Key Learning

• The need for ongoing follow-up on draft laws with various stakeholders.

• A key element in the development of an observatory of this type is the establishment of open channels of communication to engage the broader public.
• There must be sufficiently trained personnel available to carry out information gathering, analysis, and dissemination tasks.
• Not all members of the legislature will be willing to accept feedback, disagreements will remain, but consensus and leadership among business groups and associations can help guide this type of reform.
• Once the reform has been adopted, sufficient resources are required to conduct a study on the impact of the new law (at the national and local levels).

Graph of stakeholder relationship:

Mechanisms:

• Role of Monitor
  • The Observatory:
    • Followed legislative discussions and developments,
    • Generated opportunities for debate among its members,
    • Supplied relevant information to the public,
    • Provided key information on challenges to implementation of the draft law to the National Congress,
    • Developed alternative reform proposals,
    • Oversaw the reform process.

Benefits:

• For the government: Introduction of steps designed to render the public procurement process more transparent and efficient.
• Expansion of selection modalities,
• Creation of a framework agreement on prices of goods and services with similar characteristics,
• Systematization of information on bidders in the Electronic Public Procurement System (Sistema Electrónico para la Contratación Pública, or SECOP),
• Creation of a Master Bidder Registry (Registro Único de Proponentes – RUP) administered by the Confecámaras.
• For the local bidding companies: More transparency in public procurement ensuring a fairer level of competition in public tenders and contracting with government agencies.
• For international companies and aid agencies: Incentives for greater involvement in procurement by making it possible for contracts funded either entirely or more than 50% by international participants to be governed by the regulations of such organizations.
• For the public: Better protection of public resources through strengthening the principle of objective selection in procurement and evaluation of investments.

Links:

• Camara de Representantes (In Spanish Only)
• Confederacion Colombiana de Camaras de Comercio (In Spanish Only)
• Instituto de Ciencia Politica (In Spanish Only)
• Camara Colombiana de la Infraestructura (In Spanish Only)

Source:

• Interview with Stakeholders
• Case Study By CIPE Colombia: "Creating Frameworks for Anti-corruption and Ethics"