【正文】 – Negotiation – Arbitration (UNCITRAL) – Litigation (Judicial Contest) 72 Procurement amp。 ?Justification for nonpetitive procurement。 and the delivery of inputs. Procurement planning entails more than the selection of a procurement method for various goods, works and services and when to schedule activities, but bines the legal and institutional frameworks in which procurement must be carried out. Business Units should consider the following: ?Types of goods, works or services required。1 Procurement Management: Best Practices 2 Learning Objectives ? Overview of Procurement Facts ? Understanding Procurement Chain ? Procurement Plan ? Supply Positioning ? Risk Management ? Procurement Oversight ? Contract Development amp。 ?Method of procurement。 and ?Review of CAP and ACP. 15 Procurement Planning WHAT? WHEN? HOW? 16 Supply Positioning (Portfolio Analysis): Supply Positioning provides a mechanism for discriminating between the ponents of the total purchasing requirements whether goods, works or services, and a tool for developing specific strategies to meet the needs of the anization with respect to each group of purchases. 17 Supply Positioning ?Few major sources ?Few alternatives ?Q/S/R critical ?Low value ?Few sources/monopoly ?High cost ?Q/S/R critical ?No alternatives ?Many sources ?Many alternatives ?Low value ?Many sources ?Many alternatives ?High cost STRATEGIC SECURITY STRATEGIC CRITICAL TACTICAL ACQUISITION TACTICAL PROFIT 18 Purchasing Goals ?Ensure supplies ?Cost insensitivity ?Frequent review ?Ensure supplies ?Close price management ?Continuous review ?Automate ?Delegate ?Give low attention ?Profit contribution ?Take risks ?Seek opportunities ?Wheel amp。 Law: ? How is contract discharged? – By performance, Substituted contract, Time, Termination, Bankrupcy ? Intellectual Property ? Letter of Intent。 the Law: ? Securing Contract Performance – Warranties – Performance Guarantees – Inspection ? Termination and Remedies: ? Settlement of Disputes。 ?Evaluation criteria。 the award of contracts。 Administration ? Atlas (PO amp。 ?potential sources。 deal STRATEGIC SECURITY STRATEGIC CRITICAL TACTICAL ACQUISITION TACTICAL PROFIT 19 Purchasing Action Scenarios ?Long term contracts ?Buffer stocks ?Price indexation ?Find alternatives ?Contingency planning ?Medium or longterm contract ?Supplier information ?Supplier development ?Price management ?Continuous review ?Simple purchasing procedures ?Systems contracting ?Stockless purchase ?Cash purchases ?Shortterm contracts ?Active sourcing ?Market knowledge ?Price determination STRATEGIC SECURITY STRATEGIC CRITICAL TACTICAL ACQUISITION TACTICAL PROFIT 20 Risk Management ? Risk is part of the procurement environment ? It involves systematic identification, analysis, treatment and where appropriate accepting the risks ? Agreements to limit a supplier’s liability to UNDP and third party (Indemnity. Guarantee, warranty) 21 Write Specifications TOR and SOW Evaluate Offers Risk Management Prepare Solicitation Documents Seek, Clarify and Close Offers Award Contract Manage the Contract Choose a Procurement Method Identify Needs Negotiate the Contract Evaluate the Procurement 22 Risk Management: ? Key to effective and efficient delivery ? This should be integrated in day to day management ? More important when we are moving from “arms length” to “partnering” ? Typical Risk factors: Buyer risk factors, Supplier Risk Factors, Contractual relationship risk factors, External risk factors ? Tools and techniques for managing risks: (Risks, Likely consequences, what to do) – Identifying the need – Developing the specifications – Contract documents 23 Risk Management: ? Selecting a procurement method ? Seeking, clarifying and closing offers ? Identifying the preferred supplier ? Evaluating Offers ? Negotiating the contract ? Managing the contract ? Evaluating the procurement process ? Disposals ? Impact of each of the above on cost, timetable, user acceptability, integrity and petence 24 Risk Cost Delivery Ethics Overstatement of Needs. V V N Understatement of Needs. V V N Insufficient Funding. V V N Impractical Timeframe for Supply. V V N No Available Solution. V V N Fraud. V V M Risk: Identifying Needs 25 Risk: Writing Requisitions Areas of Consequence Risk Cost Delivery Ethics Narrow/ Biased Specifications V V M Definition of Inappropriate Product. V V N 26 Risk: Solicitation Documents Risk Cost Delivery Ethics Terms and Conditions Unacceptable to Suppliers. V V V Uncertainty amongst Contracts due to Conditions of Contract. V V V Provision of Inadequate Information. V V V Biased Requirements. V V V Inadequate Requirements. V V V 27 Risk Cost Delivery Ethics Failure to Identify Potential Sources. M V V Lack of Market Research. M V V Supplier Monopoly. M V V Selection of Inappropriate Method. M V V Risk: Procurement Method 28 Risk Cost Delivery Ethics Failure to Adequately Address Suppliers’ Inquiries. N M V Actual or Perceived Favoritism in Providing Information. N M V Breach of Confidentiality. N M V Risk: Seek, Clarify and Close Offers 29 Risk Cost Delivery Ethics Failure to Observe Effective Evaluation Procedures. V V V Breach of Confidentiality. V V V Failure of Offers to meet Needs. V V V Failure of Evaluation to Identify a Clear Winner. V V V Risk: Evaluation of Offers 30 Risk Cost Delivery Ethics Selection of Inappropriate Supplier. V