The taskforce explored what features a set of standardised transparency provisions would need to be successful.
The outcomes of this discussion are captured in the principles set out below. These have guided the approach to the standardised transparency provisions set out in the latter section of this paper.
Transparency provisions should encourage an active 'push' of information to the public. Any reform to contract terms should enhance transparency through a proactive 'push' of pre-agreed information to the public, as opposed to a 'pull' or request for information that is typical of freedom of information requests. Transparency provisions should commit the contracting parties to publish pre-agreed information on contract performance to the public. This means that the contracting authority and supplier would agree this information before the service commenced.
Contracting authorities and suppliers should be equally committed to transparency. An obligation for a supplier to provide information on contract performance for public transparency should be matched with an obligation for the contracting authority to publish it. Transparency provisions should include an absolute obligation on the contracting authority to publish performance information in an open and accessible format. Where a contracting authority or supplier cannot publish pre-agreed information, it should clearly explain why.
Reporting on contract performance should provide the public with a contextual view of performance. Information should be presented in a format that helps members of the public interested in contract performance to understand the relevance and completeness of the information being published. The data should be complemented by a narrative description of performance to ensure that the public obtain a fair, accurate and, where possible, comparable view of contract performance. Where relevant and appropriate this should be extended to subcontractors.
Reporting on performance should be tailored to specific services and be proportionate to the size and nature of the service being provided. It is important that transparency obligations account for the differing scale of contracts as well the nature of service being provided. This includes what is reported as well as how often it is published. If the scale of reporting is not proportionate, the requirement may impose significant costs on contracting authorities and suppliers that could be passed on to citizen. There should also be clarity on when transparency obligations are not appropriate. In defence contracts, for example, national security considerations may restrict the type of information that can be reported.
Suppliers should have the opportunity to verify the information before it is released. For published information to be credible, it should be agreed in advance by the contracting authority and suppliers. To achieve this, contracting authorities and suppliers - and where they are material to the contract, subcontractors - need to be given the opportunity to verify and comment on information that is to be published. Transparency provisions should set out how and when the contracting authority is obliged to consult with suppliers. In addition, contracts should not prohibit voluntary publication of additional information by suppliers, subcontractors or government.
Transparency requirements should be made explicit from the outset. In practice, the requirements of the transparency clause should be made explicit at the start of pre-procurement dialogue between the contracting authority and potential providers to ensure full and mutual understanding of disclosure expectations, and to prevent unnecessary disputes arising later.