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Programme and Operations Policies and Procedures

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POPP>Procurement

Announcement

 

16.  Individual Contract, August 3rd, 2018

The updated policy reflects the procedure for increasing the no-competition threshold for ICsto $10,000. Other changes include the removal of P11, an updated template for Offerors' Letter; updates on reference checks and the change of the required age for medical examination to 65 from 62.  

15. Long Term Agreements (LTA), August 3rd, 2018

The policy change requires country offices who will utilise other COs' LTAs to ensure that the prices are competitive, value for money is demonstrated and appropriate procurement committee reviews are conducted. Direct review by ACP/RACP shall be requested, if applicable.

14. Procurement Methods, August 3rd, 2018

The policy update highlights that direct contracting is permitted up to 18 months as part of the mainstreaming of piloted measures.

 13. General Considerations of Contracting, October 27th, 2017

 [New] Contract Face Sheets and General Terms and Conditions

A new set of consolidated and simplified corporate contract templates for the procurement of goods and services have been provided for the following four categories:

1. Contract Face Sheet (Goods and/or Services) for goods/services for/to UNDP;
2. Contract Face Sheet (Goods and/or Services) for goods/services for/to UN Entities (when UNDP is procuring services/good and signing the contract on behalf of another UN Entity);
3. General Terms and Conditions (for Goods and/or Services); and
4. General Terms and Conditions for de minimis contracts (Services only).

The new templates replaced the Contract for Professional Services, Institutional Contracts, and Long-Term Agreements (LTAs) but they do not replace the Individual Contract, Purchase Orders, or Contracts for Civil Works. LTAs are now incorporated into the Contract Face Sheet.

12. [Updated] Individual Contractors Policy (IC), October 18th, 2017

Restrictions concerning former staff members in receipt of a pension benefit.

The policy was updated to align it with the new HR policy on maximum compensation to be paid to former staff members on pension benefit.

120. Employment of former staff members who are in receipt of a pension benefit from the UNJSPF shall be subject to the following restrictions:
a) Former staff members may not receive compensation of more than US$ 50,000 for up to six months of employment or engagement, without suspension of his or her UNJSPF retirement benefit.

 11. [Updated] Individual Contractors Policy (IC), October 2nd, 2017

Determining a competitive process for Individual Contractors (ICs).

The policy was changed to align the requirements of a competitive process for ICs with that of RFQ/ITB/RFP- 

Sourcing of candidates

70a. An individual contractor selection process is considered competitive, even if it results in less than three responsive bids. An award may still be made, but approval depends on due diligence to ensure that sourcing was properly conducted, and that the limited market response was not the result of a restrictive short list or unsuitable sourcing strategy.

10. Contract Management, August 1st, 2017

This policy provides clarity on post-award contract management activities including roles and responsibilities of the procurement and requesting units in managing contracts; monitoring of contract implementation, change management, performance evaluation and dispute resolution. This policy is intended to lead to savings on time and resources spent on contract management tasks, enhance the reputation of UNDP in the market, reduce delays in delivery as well as reduce the number and cost of unresolved disputes.

9. Pre-Award Negotiations, December 7th, 2016

Pre-award negotiation is the process in which the business unit discusses certain aspects of the bid with the bidder who has been recommended for the award of the contract, with the aim of understanding the rights and obligations of both parties and to achieve a mutually beneficial agreement. Negotiation is not a mandatory step in a procurement process. It shall be undertaken on an exceptional basis, and shall be only initiated by UNDP subsequent to review of the procurement process by the relevant procurement authority and in accordance with this policy.

The policy outlines the two types of negotiations:

  • Substantive Negotiations: Should be fully justifiable, as they may significantly affect the scope of the requirements, terms and/or price beyond UNDP's right to vary the quantity up to 25 percent.
  • Non-Substantive Negotiations: Do not significantly affect the scope of the requirements, terms and/or price, and are within the right of UNDP to vary the quantity by 25 percent.

Price alone, under normal circumstances, should not be negotiated (especially in cases of open competition, which is designed to reflect true value for money). An exception can be made in a situation where the price quoted by the recommended offeror is deemed to be higher than market rates. Negotiation of price in Direct Contracting – When UNDP is evaluating only one offer, the price can and should be negotiated whenever necessary.

8. Revised Increased Delegated Procurement Authority, September 22nd, 2016

The following provisions, which previously required Fast Track activation request are no-longer necessary (i.e. integrated into the main policies).

a)       The authority to grant the increase in Delegated Procurement Authority was devolved to Regional Chief Procurement Officers (RCPOs) in consultation with respective Regional Bureau Director for clearance. The respective RACP Chairpersons then will be responsible for obtaining technical inputs from relevant offices in assessing a request for increased delegation.

b)      Recognizing the reduction of risks through e-Tendering, the standard delegated procurement authority of Resident Representative or head of a business unit in an office that systematically uses the e-Tendering has been raised from US$ 150,000 to US $200,000, based on the confirmation by the ACP Chairperson or respective Regional ACP Chairpersons.

7. Revised Procurement Method, September 22nd, 2016

a)            Micro-purchasing
Country offices may request increasing the micro-purchasing threshold from US$ 5,000 to US$ 10,000 as part of their request for increase in delegated procurement authority. Please see Procurement Methods .
 
b)            Request for Quotation (RFQ) 
Offices are now authorized to issue RFQs in line with the following thresholds:
•              For offices with micro-purchasing threshold of USD 5,000, the RFQ limit is US$ 5,000 ¬ US$ 149,999.
•              For offices with micro-purchasing threshold of USD 10,000, the RFQ limit is US$ 10,000 ¬ US$ 149,999.

6. Revised Procurement Oversight and Review Committee, July 26th, 2016

The requirement for Contracts, Assets and Procurement (CAP) Committee review was replaced with Direct Review by the CAP Chairperson for procurement actions valued between US$ 50,000 and US$ 150,000 (and US$ 75,000 for direct contracting). The CAP Chairperson may consult or request assistance from the Chairperson of the Regional Advisory Committee for Procurement (RACP) in reviewing any procurement action. If necessary, the CAP Chairperson, in consultation with the Head of Office, may escalate the case to the RACP Chairperson for his or her Direct Review. A full CAP Committee review is required only in those Country Offices that are granted an Increased Delegation of Procurement Authority (DPA) to review procurement actions valued between US$ 150,000 and the Increased DPA for competitive processes (and between US$ 75,000 and up to 50 percent of the Increased DPA for direct contracting). The quorum for a Committee was reduced from three members to two members, in addition to the Chairperson and/or Secretary.

5. Security Charges for Individual Contractors, April 1st, 2016

The security and safety of UNDP personnel is the highest priority in delivering UNDP's mandate around the world. Since 2004, UNDP has put in place an internal cost allocation mechanism to fund the corporate security costs. 

At its meeting on 3 March 2016, the OPG authorized the central recovery of security and insurance costs related to Individual Contractors (ICs), thus treating them in a similar way to other UNDP contract holders. As a result, effective 1 April 2016, the following security charges at the same level as the rates for staff, UNV and SC holders will be applied to the professional fees of ICs (excluding payments for travel and/or Daily Subsistence Allowance):

  • 4.25% for duty stations H, A, B & C
  • 6.25% in duty stations D & E.
  • The above percentages are based on the capital city's hardship classification for the hiring Unit, and will be recovered by HQs on a regular basis against the budget(s) used for the payment of the IC. Therefore, all offices must ensure when planning that these costs are included in their project budgets (refer to Annex I for detailed guidance).

4. New Pre-Award Negotiation, December 7th, 2016

Pre-award negotiation ("hereinafter referred to as "Negotiation") is the process in which the business unit discusses certain aspects of the bid with the bidder who has been recommended for the award of the contract, with the aim of understanding the rights and obligations of both parties and to achieve a mutually beneficial agreement. Negotiation is not a mandatory step in a procurement process. It shall be undertaken on an exceptional basis, and shall be only initiated by UNDP [1] subsequent to review of the procurement process by the relevant procurement authority and in accordance with this policy.
 
The policy outlines the two types of negotiations:

  • Substantive Negotiations: Should be fully justifiable, as they may significantly affect the scope of the requirements, terms and/or price beyond UNDP's right to vary the quantity up to 25%.
  • Non-Substantive Negotiations: Do not significantly affect the scope of the requirements, terms and/or price, and are within the right of UNDP to vary the quantity by 25%

It is important to note the required conditions for exceptional negotiation of price:

  • Price alone, under normal circumstances, should not be negotiated (especially in cases of open competition, which is designed to reflect true value for money). An exception can be made in a situation where the price quoted by the recommended offeror is deemed to be higher than market rates.
  • Negotiation of price in Direct Contracting – When UNDP is evaluating only one offer, the price can and should be negotiated whenever necessary.

[1] The recommended offeror can only request negotiations on certain aspects of the contract upon the award of the contract, while this policy addresses pre-award negotiations. BUs shall ensure that such negotiations are in the interest of UNDP and for the success of the contract.

3. New Policy on Engaging CSO/NGO as Responsible Party, October 20th, 2015

The new approach under this policy takes into account the objectives of the programme or project; the scope, nature and value of the NGO/CSO engagement; the capacity of the NGO/CSO; and the level of development of the civil society (considering its NGO/CSO environment and availability). The policy also includes the following key features:

•             Identification of relevant NGOs as Responsible Party

•             Capacity assessment-driven

•             Risk assessment-driven

•             Unique collaborative advantage to be determined against a project-specific ToR

•             Designed to engage CSOs that are not legally recognized, under specific circumstances.

2. New Innovation Challenge Policy, September 28th, 2015

This enabling Policy will allow UNDP to find new solutions to development challenges through an open competitive process. With this Policy, UNDP Country Offices, Regional Hubs and HQ units can award prizes up to US$40,000 for innovative and effective solutions. This Policy allows us to better harness the opportunities presented by collaborative technologies and to engage people, organizations, and communities where problems are clearly defined but solutions are not. Innovation Challenges can also help us position ourselves as effective service providers to Governments as we can access ideas, expertise, and solutions no matter where they reside.

1. Individual Contractors (IC) Policy, September 3rd, 2015

With this revised Policy, Delegated Procurement Authority for the management of ICs is USD 150,000 for all Business Units (over 100k, the case must be reviewed by Contract Assets and Procurement Committee.)

  • COs may have ICs with durations up to 24 months (over 24 months, Bureau Director or Resident Representative (if delegated) approval of duration is required) – though it is important to note that consultancies are typically recommended for short-term interventions, usually up to 12 months

COs may have IC daily fees up to USD 1,350 (over $1,350, RR approval is required with notification to the Bureau Director).

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