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Open Contracting Legislative Guide


By: Open Contracting Partnership

Published: 2021

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Open Contracting Legislative Guide

By Open Contracting Partnership

Public procurement is in urgent need for reform. This report provides insights and guidance on how countries have cemented open contracting approaches into their legislation modernizing public procurement, supporting reforms that put transparency, efficiency, and equity at its core.

It takes the best practices across eight countries and to design best-in-class rules and guidance to put transparency, competition, and efficiency at the forefront of their reforms. The review covers Chile, Colombia, Paraguay, Portugal, South Korea, Ukraine, the United Kingdom and the United States – in addition to two supranational legal frameworks: the World Trade Organization’s Revised Government Procurement Agreement (GPA), covering 48 WTO members, and the European Union’s Public Procurement Directive, which covers 27 Member States.

We found ten clear lessons that any government can follow, including a single clear rulebook, strong safeguards on anti-corruption and conflict of interest, and rules to promote competition and transparency. To ensure fair play, procurement rules should support public monitoring of contracts, an accessible and effective complaints mechanism, and specialist oversight. Digital platforms and open data will unlock and share information.