【正文】 procurement process and provides flexibility to the contractor and the pany. 55 Designing an Effective RFP: “ Never tell people how to do things. Tell them what you want to achieve and they will surprise you with their Ingenuity” 56 Basic Elements of an RFP: ? Statement of Purpose: the nature of the services to be provided and the overall objectives of the contract. ? Background Information: Overview of the program, statistics, existing facilities, an honest accounting of current problems and strengths. ? Service Specification: Sets out in specific and measurable terms the services required, 57 Basic Elements of an RFP: How they are to be delivered and the duration they are required. ? Performance Standards: Minimum performance standards and method of monitoring ? Instructions to the Offerors ? General Terms and Conditions ? Special Terms and Conditions ? Evaluation and award process 58 Basic Elements of an RFP: How they are to be delivered and the duration they are required. ? Performance Standards: Minimum performance standards and method of monitoring ? Instructions to the Offerors ? General Terms and Conditions ? Special Terms and Conditions ? Evaluation and award process 59 Evaluation Factors: ? Key Considerations: Management, Technical and Financial ? Analysis: – What things should be evaluated – What are their attributes – Which attributes are relevent – What is their relative importance Best Value: Value of a proposal is the sum of the weighted values of the applicable evaluation factors for award. 60 Best Value for Money: To get the best value for money, you must consider costs that the buyer will incur in addition to the Offeror’s price, including: ? Cost to administer the contract ? Lifecycle cost of the product ? Quality of the product ? Past performance of the supplier 61 Value Tree: ? Overall Value – Technical Factors ? Reliability ? Quality – Management Factors ? Personnel (Education, Performance, Exp.) – Price Factors ? Cost and Fee ? Realism ? Reasonableness 62 RFP: Decisional Rules ? Lowest Priced technically acceptable – Technical factors are used to qualify offerors – An offer is either acceptable or not – Price is the only factor for decision ? Best Value: – Define the factors that contribute to value – Relative Importance of each – How to measure the value of individual factor performances 63 Execution Modality: ? DEX: Under this we treat all vendors and NGOS as contractors ? NEX: Ensure that procurement rules plies with the best international practices. ? Country Office Support to NEX. (Follow UNDP Guidelines) ? NGO Execution ? UN Agency Execution – Implementer 64 Procurement Accountability: ? Definition: The accountability in procurement means that staff is responsible for actions and decisions that they take in relation to procurement and for the resulting outes. The staff is accountable through established lines of accountability. ? How does accountability help? The accountability encourages the efficient, effective and ethical use of the anizational resources. This is the main watchword for UNDP procurement process. ? Fundamental elements of Accountability: 65 Accountability: – Procurement Policy: – Documentation: It is important and provides record of procurement activities. This need to be strengthened. – Disclosure: Annual procurement plan must be published to provide confidence. – Notification: The revised procurement plan calls for publishing all major procurement notices and award of the contract. This is being followed to a limited scale. – Dealing with plaints: The procurement protest procedures 66 Procurement Ethics: ? Conflict of interest: A conflict of interest may exist when a staff is involved in an activity or has a personal interest that might interfere the objectivity in performing the function. (Code to guide relationship) It can arise: – When an staff takes outside employment or has financial interest – When personal relationship with staff of other business entity could influence the decision. ? Gifts and Gratuities: – May not accept gifts or gratuities from any supplier for themselves or for their family – May not take advantage of their position to seek discounts on procurement for personal use. This is construed as a gratuity – May accept advertising novelties. 67 Procurement Ethics: ? Integrity: – Open and effective petition – Environmental sustainability ? Ethics vs. Compliance ( Ethics encourages responsible conduct and pliance prevent misconduct。 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。 – Negotiation – Arbitration (UNCITRAL) – Litigation (Judicial Contest) 72 Procurement amp。 ? Payment Term