An Agency for which the Vendor Review Committee (VRC) has determined that Proscribed Practices took place in respect of one or more of its procurement activities.
A letter of reprimand based on the Respondent’s conduct. A censure does not affect the Respondent’s eligibility to participate in UNDP procurement processes, but it will be an aggravating factor in any future decisions to impose additional Sanctions.
The individual who manages the Vendor Review Committee (VRC) and its proceedings. The VRC Chairperson reports to the Chief Procurement Officer (CPO) and is responsible for the issuance of decisions taken by the CPO.
Act or omission that impairs or harms, or threatens to impair or harm, directly or indirectly, any party or the property of the party to improperly influence the actions of a party.
It is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party.
Corruption or corrupt practice is the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party
Unless stated otherwise, means working days, which do not include weekends and/or holidays. A weekend is Saturday and Sunday. Holidays are those officially recognized by UNDP. If the last day of any period falls on a weekend or holiday, the term shall run until the end of the next day on which the Agency is officially open for business.
A formal declaration that a Respondent has become ineligible for a period of time to (a) be awarded and/or to partake in contracts financed, administered or executed by UNDP; (b) conduct new business with UNDP as an agent or representative of other vendors; (c) partake in discussions with UNDP regarding new contracts to be financed, administered or executed by UNDP. Exceptionally, the CPO may decide that the Respondent’s debarment shall be permanent.
The process under which certain cases determined to be of a low complexity are reviewed by the VRC Secretariat, rather than under the Panel Review Process.
Forced labour refers to all work or service which is exacted by a vendor from any person under the menace of any penalty and for which the said person has not offered themself voluntarily
It is any act or omission, including a misrepresentation, whereby a vendor knowingly misrepresents or conceals a fact (a) in order to obtain an undue benefit or advantage (not limited to financial) or to avoid an obligation for itself, or a third party, and/or (b) in such a way as to cause an individual or entity to act, or fail to act, to his, her or its detriment.
Refers to the recruitment, transportation, transfer, harbouring or receipt of persons by a vendor, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation
Refers to the recruitment, transportation, transfer, harbouring or receipt of persons by a vendor, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation
A formal declaration following the decision of the CPO that a Respondent is ineligible for a period of time to (a) be awarded and/or partake in contracts financed, administered or executed by UNDP, (b) conduct new business with UNDP as an agent or representative of other vendors, (c) partake in having discussions with UNDP regarding new contracts. Exceptionally, the ineligibility may be permanent.
A Vendor who has been debarred by UNDP, and either (1) is the subject of a current period of debarment; or (2) has not requested to be reinstated as an active Vendor via a request for rehabilitation.
A temporary suspension of a Vendor’s eligibility to participate in new procurement processes, as further described in paragraph 66 of the Vendor Sanctions Policy to protect UNDP’s interests pending the completion of either an investigation into Proscribed Practices or the VRC process. Interim suspensions are internal measures that are not reported on the UNGM.
In instances of collaborative procurement, or when more than one Agency is involved in a specific procurement action which results in allegations that the vendor has been involved in Proscribed Practices, the relevant Agencies will choose a “Lead Agency” to represent them all in data gathering and analysis, investigation, and the sanctions proceedings against the vendor. The Agencies involved shall decide amongst themselves which is to act as the Lead Agency for the particular case. The Lead Agency will normally be the Agency (a) most directly impacted by the vendor’s activities and the Proscribed Practice(s); and/or (b) with the most resources at its disposal. All involved Agencies will collaborate with the Lead Agency. The Lead Agency will apply its own regulations, rules, policies and procedures to its activities in this regard.
Obstruction or Obstructive Practice is an act or omission by a vendor that prevents or hinders UNDP’s data gathering and analysis in a particular case.
An Offer of Settlement, as further described in paragraphs 44 and 45 below. An OoS may be made by UNDP to the Respondent(s) under either the DRP and PRP
The VRC may recommend, and the CPO may decide to impose, other sanctions that it finds appropriate, including requiring that future contracts with the Vendor reflect special conditions, or that the vendor compensate UNDP for any loses and/or costs sustained or incurred by it as a result of the Vendor’s involvement in a Proscribed Practice.
The process under which cases are reviewed by a panel composed of UNDP staff who determine the recommendation(s) to be made to the Chief Procurement Officer (CPO).
The designated process in a particular case, through which a Vendor that has been Sanctioned regains its eligibility status and the particular entry related to a specific case is updated on UNDP and the UNGM Ineligibility Lists. This only affects Sanctions issued by UNDP, and not any sanction that may be issued at any given time by another Agency.
An administrative determination, including any measures or rehabilitative requirements, as determined and applied by the CPO as a result of a Vendor being involved in Proscribed Practices. Potential sanctions include: censure, debarment, other possible sanctions.
Refers to all forms of inappropriate conduct of a sexual nature committed by an employee, officer, adviser, or representative of a vendor, with the knowledge of that Vendor.
Provide guidance on the required standards of efficiency, competence and integrity of staff members in discharging their responsibilities as well as guidance on disciplinary procedures that may be instituted against a staff member who fails to comply with his or her obligations and the standards of conduct set out in the Staff Regulations and Rules, the Financial Regulations and Rules and all administrative instructions.
The document which sets forth the UN’s expectations for all suppliers that are registered with the UNDP or with whom it does business. These principles apply to suppliers and their employees, parent, subsidiary or affiliate entities, and subcontractors.
Conduct or behaviour by a vendor, or by an employee, officer, adviser, or representative of a vendor, with the knowledge of that vendor that is contrary to the rules governing: conflicts of interest (potential, perceived, real), gifts and hospitality, post-employment provisions or other published requirements of doing business with UNDP including, but not limited to, with the UN Supplier Code of Conduct.
The UN Global Market (UNGM) hosts a list that aggregates information disclosed by UNDP and other Agencies, Funds or Programs of the UN System. Access is limited to approved staff of UNDP and other participating Agencies, Funds or Programs of the UN System. This list specifies the name of each vendor that has lost its eligible status, as well as any censure issued against a Vendor. The list specifies the location of the Vendor, the grounds for the Sanction, and the start and expiration dates for each of the Sanctions imposed. The UNGM Ineligibility List is separate and distinct from any other UN System approved lists, including but not limited to the 1267/1989 Lists.
An offeror, or a prospective, registered or actual supplier, contractor or provider of goods, services and/or works to UNDP. Vendors may include individuals, private or public entities, whether parent, holding, subsidiary, affiliate, and may be a consortium, partnership, a government agency or a non-governmental organization. Non-governmental organizations and civil society organizations acting as UNDP Implementing Partners, and Responsible Parties as well as grantees receiving grants or prize challenges or similar form, directly from UNDP, are also considered Vendors. The following are considered Vendors. Agents: Agents include Employees, officers, advisers, representatives, owners, shareholders or subcontractors of the Vendor for which the Vendor is responsible under this Policy. The following are not consideered vendors.Individuals or entities described as “vendors” solely for Atlas/Quantum purposes, where all payees are referred to as “vendors”. For any payee for whom a purchase order is to be raised or to whom a payment will be made, a vendor record has to be properly set up in Atlas. This includes international or national staff members, who are not “vendors” for the purposes of this Policy.Individuals or entities, other than Agents, that are, and with whom UNDP does not have a direct contractual or financial relation with UNDP, or where UNDP’s sole role is to issue a payment on behalf of a partner.Individuals or entities contracted by other agencies, funds and programmes that report into the UNGM. UNDP Service Contract, and PSA holders are not considered Vendors for the purposes of these procedures.
Purpose and Mandate. The Vendor Review Committee (VRC) is an internal technical administrative body located at UNDP Headquarters in New York, created by the Bureau for Management Services (BMS) and tasked with making recommendations to the Chief Procurement Officer (CPO) for consideration in rendering the final UNDP decision regarding Vendor Sanctions.
Those UNDP staff members selected to participate in a Panel Review Process (PRP), with the roles described in paragraph 36 of the Vendor Sanctions Policy.