【正文】 ? Payment Terms。 Ethics is self imposed) ? Code of conduct (Established in the new CAP User Guidelines) ? Ethical belief is a personal choice, however ethical conduct can be mandated by an anization. ? Ethics are moral boundary or values within we work 69 Asset Management: ? What is asset? ? Types of assets: Capital and noncapital ? Profiles of assets ? Who can add/ retire assets? ? Theft and loss of assets ? Tracking of assets ? Assets for management and development project ? Major concerns of external auditors ? Disposal: Clearance by CAP/ACP 70 Procurement and the Law: ? Why Have conditions of contract: Goodwill ? Formation of Contract – Offer, Acceptance and Consideration ( battle of Forms) – Oral Contract ? Contract Performance ( Fulfillment of according to its terms) – Delay in supplier’s performance – Liquidated Damages – Termination of Contract – Force Majeure (French Term: Unexpected event) ? Rights and Obligations of buyer and seller 71 Procurement amp。 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 V V Selection on Inappropriate Product. V V V Insufficient Number of Responses. V V V No Response from Known HighQuality Suppliers. V V V Risk: Award of Contract 31 Risk Cost Delivery Ethics Unmatched Expectations of Buyer and Supplier. V V V Deadlock on Agreement. V V V Undue Concession to Suppliers. V V V Failure to Acmodate Standard Conditions. V V V Grossly Unfair or Onerous Requirements. V V V Failure to Reflect the Terms Offered and Agreed in the Contract. V V V Inadvertently Creating a Contract without Proper Approvals. V V V Risk: Negotiate the Contract 32 Risk Cost Delivery Ethics Failure to Assess Supplier’s Performance. N N V Failure to Assess the Process. N N V Loss or Damage of Goods in Transit. N N V Fraud. N N V Risk: Evaluate the Procurement 33 Risk Cost Delivery Ethics Variations in Price and Currency Fluctuation. V V V Unwillingness of Supplier to Accept the Contract. V V V Failure of Either Party to Fulfill the Contract. V V V Inadequate Administration of Contract. V V V Acceptance Before Completion.