INTRODUCTION

The Zambia Public Procurement Authority (ZPPA) is in the process of implementing the Electronic Government Procurement system (e-GP).E-GP is the use of information and communication technology to:

1. procure goods, works and services;
2. publish and distribute public procurement information;
3. to support procurement transactions; and
4. to monitor and manage public procurement.

The e-GP system is considered an effective tool for instituting procurement reforms and establishing a transparent and open procurement environment.

In order to attain a full capacity of an open public procurement environment, ZPPA has included the Open Contracting Data Standard (OCDS) to its e-GP system. OCDS refers to norms and practices for increased disclosure and participation in public procurement contracts.  The objective of including OCDS is to enhance transparency and accountability in public procurement through publication of data on contracts signed by procuring entities to the public.

The ZPPA website (www.zppa.org.zm) will provide a portal for the publication of public procurement contractual data under the OCDS. The purpose of this policy is to provide information on:

1. the publisher of the data;
2. generation of data;
3. publication of data; and
4. data excluded from publication.

ACRONYMS

API	Application Program Interface
CSV	Comma Separated Values
e-GP	Electronic Government Procurement System
JSON	Java Script Object Notation
XLSX	Excel Spreadsheet
OCDS	Open Contracting Data Standard
VPN	Virtual Private Network
ZPPA	Zambia Public Procurement Authority

 

RESPONSIBILITY FOR PUBLICATION OF DATA

ZPPA will be responsible for publication of data on the e-GP OCDS portal.ZPPA will publish selective data from all procuring entities to the public. The data will be published in the following manner:

1. interoperability, that is, allowing a range of different tools to draw upon the data  visualize, analyse and otherwise make it accessible for a range of purposes; and
2. highlighting the important fields that should be provided in order to allow a wide range of re-uses of the data.

3.1       Interoperability considerations will be addressed by ensuring that:

1. the system is able to output data that validates the OCDS JSON Schema; and
2. data is accessible for wide re-use.

This can be achieved through outputting structured files, and/or providing an API

3.2       Data quality considerations will be addressed by updating the specification which will point out the specific substantive data fields that the e-GP system should collect and manage.

3.3       ZPPA’s contact details for providing feedback on the data published under the e-GP OCDS portal are as stated below.

The Director General

Stand No. Sub J -11790

Off Alick Nkhata Road

Longacres

P.O Box 31009

LUSAKA

 

Telephone: +260 211 377 411/211 377 400

Cell: O954 284643

Fax: +260 211 250633

Email: info@zppa.org.zm

GENERATION OF DATA

Release packages will be published daily by ZPPA and record packages will be published weekly.  The data contained in these packages is in JSON format as per the OCDS schema and can be downloaded by any interested consumer through a published API.

DISCLOSURE OF DATA

The following data shall be available for publication:

1. Annual procurement Plan;
2. tender notices;
3. tender opening reports;
4. notice of best evaluated bidders;
5. award of contracts;
6. contracts (excluding clauses where an exemption from publication is applicable);
7. payments made;
8. contract amendments/variations;
9. contract close/final account; and
10. list of barred or suspended bidders.

Data on the award of contracts shall only be published after completion of any administrative review of the procurement process.

DATA EXCLUDED FROM PUBLICATION

The relevant considerations in determining disclosure of information include privacy, secrecy, commercial interests, national security, defence and international relations of a country.

The scope of data excluded from publication in this policy, is drawn from the provisions of the Public Procurement Act No.12 of 2008 andthe

Section 40(2) of the Public Procurement Act, No. 12 of 2008, provides limitations on disclosure of information relating to procurement proceedings and bids. The information exempted from disclosure can only be published under a court order.  In accordance with section 40 (2), data shall not be disclosed under the OCDS where disclosure will:

1. amount to a contravention of any  written law in Zambia;
2. obstruct law enforcement;
3. prejudice the legitimate commercial interests of the parties to a contract;
4. inhibit fair competition in public  procurement; or
5. in anyway be contrary to public interest. 

6.1      Commercial Interests

Data excluded from publication on the basis of legitimate commercial interests shall include the following:

1. trade secrets such as sales and distribution methods, advertising strategies, client lists, strategic business plans, manufacturing processes, information relating to preparation of a competitive bid , novel designs and technologies and plans to promote a new or existing product; and
2. information relating to the financial and business viability of a bidder.

6.2      Privacy

Section 42 (2) of the Electronic Communications and Transactions Act No. 12 of       2009 prohibits the disclosure of personal information of a data subject without       the subject’s express written permission for the collection, collation,  processing       or disclosure of that information unless the data controller is permitted or required to do so by law.

Therefore only personal information which ZPPA is authorised to publish under the provisions of the Public Procurement Act and Public Procurement Regulations, 2011 shall be published under the OCDS.  

6.3      National Security

Any data on contracts related to the security, defence or international relations of the country shall be excluded from publication under OCDS in accordance with section 3(2) of the Public Procurement Act, No. 12 of 2008.  In addition, any contract containing classified information shall be excluded from publication. The rationale for the foregoing exemptions is that publication of such data may compromise national security.