Electronic tendering was virtually unknown in India till 2002. Attempts were
made to automate the tender document download process for higher-value tenders
at around that time, but the success was limited at best-both in terms of
acceptance by end-users as well as in terms of how much of the tendering cycle
could actually be captured electronically.
Tendering is the most critical form of public procurement, and compulsorily
required the world over for governments to demonstrate transparency,
impartiality, and value-for-money to their electorates. Electronic tendering is
the migration of this process to an online, usually an Internet-based, system.
Nearly three years after electronic tendering was launched in India, there is still a
surprising amount of confusion on its process.
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The Supremacy of Workflow
One of the important reasons why early attempts at introducing electronic
tendering in India did not succeed is that the rules governing private
procurement are very different from those governing public procurement. Early
solution providers made the mistake of rehashing private procurement systems for
public use with predictably disastrous results. A successful electronic
tendering solution must successfully mirror them. Thus, the first requirement
for an electronic tendering system is that it must be fully workflow-driven.
However, workflows differ from government to government, and department to
department. To keep implementation costs and lead-times within reasonable
limits, an electronic tendering system must also be easily customizable. This
seemingly paradoxical requirement of rigidity (workflow) and flexibility
(customization) in electronic tendering is a challenge that few have
successfully met.
To be successful in the Indian situation, an electronic tendering system also
needs to be flexible in another sense: to ease the transition electronic
tendering must, at least initially, support alternate modes of submission.
The Technologist's Dilemma
Evangelism comes naturally to the technologist-early electronic tendering
attempts came with a strong dose of re-engineering for government business
processes. Although the motives behind such attempts may, to a large extent,
have been noble, they lost sight of an important fact of life: Indian government
bodies are exceptionally resistant to change.
The procedural obstacles to change are pretty formidable as well. Keeping
business process change to a minimum at the early adoption stage is therefore,
the only practical way of implementing electronic tendering on any reasonable
time frame.
The Cost Factor
In addition to being resistant to change, government bodies are also
understandably risk-averse. The huge license fees typically charged for
enterprise-level software by international software companies, without a clear
value proposition, constituted a major entry barrier for India's state
governments. The large investments that these companies had made in their
software and the high initial cost of implementation meant that there were no
easy solutions to this problem. The paradigm shift occurred when the “no
upfront cost to government” revenue model was introduced in Chhattisgarh in
2003. There are no licence fees in this model; all investments in server
hardware, hosting, and training are taken care of by the application service
provider. The source of revenue for the service provider, is a share in the
tender document fee—this can either be in the form of a fee for document
purchase (Chhattisgarh) or a fee for bid submission (Assam). These fees are
typically collected online through the tendering portal. The advantage for the
service provider is that he has an assured and reasonably predictable revenue
system without the irksome overhead of collecting from government.
The government, on the other hand, has a completely risk-free way of putting
its tendering processes online—the revenues earned by the service provider are
purely in the nature of a 'success fee'. Vendors/contractors pay service
fees equal to, and often less than, the document fees they have been used to
paying, providing an automatic incentive for them to migrate to the online
system.
Security: The Make or Break Issue
Across the world there are these security challenges. There are various
stages in the tendering cycle, and the security issues are different at each
stage:
The Limitations of Existing Technologies Conventional wisdom on document security HTTPS: This is the protocol for secure |
Tender Preparation and Release: An
electronic tendering system needs to have workflow-based access for the person(s)
preparing the tender (maker), the person(s) validating the tender (checker), and
finally for the official who approves and releases it (approver).
Bid Preparation: Only the bidder
should be able to view the bid data at this stage. All data resides on the
server-it must be encrypted both during transmission and storage in such a way
that only the bidder can decrypt it.
Bid Submission: The bids
submitted must be in such a form that only the designated tender official can
open it, and not before the scheduled time. This last requirement is critical
for tendering.
Bid Storage: Even if the service
provider, buyer organization, one or more vendors and system administrators join
hands/collude, bid data should not be viewable before a cut-off date.
Bid Opening: Bids should be
available in an unencrypted format when opened.
Transfer of Privileges: Given
that transfer/retirement of tender officials during the life cycle of a tender
is not an unusual phenomenon, it should be possible to securely transfer access
rights/privileges from one official to another.
The challenges of secure electronic bidding are far from trivial. India is
the only country where a fool-proof solution to the security problem has been
successfully implemented. And there are international patents to prove this. The
reason why the developed countries of the West are nowhere near a level-5
electronic tendering system (in terms of the classification discussed above), is
that they have not been able to find an adequate solution to the security
problem. What is now practised in these countries is a hybrid system. Tenders
are downloaded electronically and submitted manually. The manually submitted
bids are then entered into bespoke systems that interface with the buyer
organizations' internal systems by software consultancy firms. Alternatively a
simple document exchange of bids, using HTTPS and at best a digital certificate
login is used. Ironically the latter system is more vulnerable to security
breaches than the traditional system.
The only system with level-5 aspirations outside India is a system designed
by an arm of the South Korean Government. But the security issue has been
glossed over to a large extent.
To make this this theoretical lead an actual one, we need to participate much
more actively in the formulation of international data exchange standards
through bodies such as UN/CEFACT. Secondly, we need to shed our traditional
contempt for the cosmetic aspects of a product -in international contexts
slickness is often at least as important as the inherent strength of a product.
Thirdly, we need to be aware that platform agnosticism (both as regards
operating system and database) is where the bright future lies where we would be
setting the tone for electronic public procurement globally in the years to
come.
Sujeet Bhatt and Tapan
Mehta
mail@dqindia.com
The authors are co-founders of Next Markets Group