【正文】 Performance Security ? Remedies for lateness or failure to perform to specification – Liquidated Damages – Time is of the Essence( Time of performance shall be essence of this contract) Any delay converts into breach of contract – Force Majeure 73 Contract Format: ? Purchase Order ? Professional services contract ? Institutional Services Contract ? SSA ? SC ? RLA ? Civil works Contract ? Long Term Arrangement 74 Practical Tips: ? Procurement must be framed with clear and accurate clients requirements and appropriate evaluation process. ? If there is one thing you have to get right, it is evaluation methodology. Once its is put out, you have crossed the rubicon. ? Purchasers must be scrupulous in e。 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。 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 68 Procurement Ethics: ? Integrity: – Open and effective petition – Environmental sustainability ? Ethics vs. Compliance ( Ethics encourages responsible conduct and pliance prevent misconduct。 ACP ? Review of CAP reports ? Procurement Audit ? Documentation submitted for increased procurement authority ? Roving Procurement Officers 35 Procurement Oversight: ? Key purpose is to mitigate risks ? Compliance with FRR and Procurement Manual ? Scope of oversight covers mainly following – Requirements/SOW/TOR/Specifications – Quality Requirements – Procurement Process: Transparency, Method, Evaluation Criteria, Conflict of interest if any – Payment Schedules – Shipping Terms and insurance – IP, Type of Contract, Availability of funds, CAP report 36 Scope of ACP Review Objective: Mitigate Risk ?Procurement Process: Transparency, Method ?Specification/TOR/Quality ?Availability of Funds ?Value for Money/Cost Details/Consulting Fee ?Evaluation Modality ?Performance Security/Warranty ?Shipping/Insurance ?Licensing/Copyrights ?Use of LTA ?Type of Contracts ?Payment Terms 37 Advisory Committee on Procurement ? Established by CPO to oversee major contracts ? Review contracts which involve mitments to a supplier with respect to a single requisition or series of req in a calendar year valued at $100,000 or more ? Proposed contracts which generate ine of $10,000 ? Any amendment of a contract previously reviewed by ACP where the contract amendment or a series of amendments either increases the total amount by 20% or $100,000 whichever is less. ? Any amendment not previously submitted to the ACP where the revised total contract amount exceeds $100,000. 38 ACP: ? Proposed contract that leads to series of contracts amounting more than $100,000. ? Disposal, Writeoff or transfer of goods with asset value $30,000 or more ? All vehicle accidents or losses when gross negligence is the cause. ? Procurement of services related to individual consultants with contract amount exceeding $100,000. 39 A C P Su b m i s s i o n s 0 511%20%20%12%15%22%HQAAPASECL A CHQ A AP AS EC L A C T o t a l99 175 181 107 132 198 8924 0 m 1 5 4 m 1 5 8 m 1 1 9 m 3 2 m 9 6 m 5 9 9 m40 Common Reasons for Rejection ? Failure to undertake a petitive exercise ? Impermissible justification for waiver ? TOR or Statement of Works or Specifications inplete ? TOR or Statement of Works or Specifications too restrictive or biased ? Incorrect evaluation methodology or criteria ? Failure to submit requested documentation for ACP review ? Conflict of interest ? Value for money not obtained ? Incorrect procurement method used ? Incorrect shipping terms cited 41 Key Observations: ? SOW/TOR not clear, Biased/ Inadequate specification or specific requirements or brand names ? Evaluation Criteria does not cover all the deliverables and do not provide sufficient weight as per their importance ? Wrong Procurement Methodology ? Use of NGOs for procurement ? Advance Payment on the very high side ? Process too mechanical, Market research missing ? Insufficient number of responses ? Evaluation of Offers not done well 42 Oversight at a Glance: ? Number of cases from RBLAC: 265 ? Number of cases from RBAP: 236 ? Number of cases from RBA: 205 ? Number of cases from RBEC: 75 ? Number of cases from RBAS: 89 ? Number of cases from HQ units: 138 ? Number of cases withheld for approval: 31% ? Number of cases if “subject to” is included: Nearly 55% 43 Procurement certification ? Course has been designed inhouse by OLPS ? Addresses basic procurement policy and standard Atlas Procedures. ? Objective: learners’ prehension of UNDP procurement policy and processes 2. Increase the level of petence utilizing the Atlas Applications. ? Target group is “Buyer” ? Online programme ( 6 hrs for online course and 2 hours for the exam.) ? Course managed by LRC ? Status: – Number of people enrolled:731 – Number of people who have passed simulated assessment: 345 – Number who took official assessment: 321 – Number who passed: 220 44 G e n e r a l R a t i n g P r o c u r e m e n t V o l u m e 3 0 , 0 0 0 , 0 0 0P u r c h a s e O r d e r R a i s e d C o u n t 1345T o t a l v a l u e 2 0 , 0 0 0 , 0 0 0n o n P O V o u c h e r s a b o v e 2 , 5 0 0 ( U S D ) C o u n t 400T o t a l v a l u e 9 8 0 , 0 0 0N E X P r o c u r e m e n t 2 0 , 0 0 0 , 0 0 0D E X P r o c u