Public Procurement Principles 22 November 2016 Public Procurement Principles Anne Cabrera-Clerget, Contracts Manager, WASH © UNICEF/UNI197921/Schermbrucker

Public Procurement Law? Universal public procurement law does not exist. No common UN procurement law. Different Financial Rules and Regulations. However, all UN organisations following the same internationally recognized guiding principles and common guidelines in procurement. For contractual disputes, arbitration under the Arbitration Rules of the UN Commission on International Trade Law (UNCITRAL). Public Procurement Principles– UNICEF for every child

Basic Principle: Stewardship Steward= A person employed to manage another person’s property Public organisations= Stewards of all public funds that have been entrusted to them to fulfil their mandate UN organisations= Special stewardship as funds have been entrusted by governments, tax payers, and other donors => funds have to be spent in the best interest of the UN organisation’s mandate and in compliance with financial regulations and rules © UNICEF/PFPG2015-2253/Lynch

Contracting- Tendering Invitation to Tender (ITT): An invitation to third parties to submit offers Tendering is the beginning of the contracting process and serves as an ITT Invitations to Bid (ITB) Requests for Proposals (RFP) Request for Quotations (RFQ) An ITT must be distinguished from an “Offer”. The responses to the different forms of ITT would constitute the “Offer” and issuance of a contract would be UNICEF’s acceptance. © UNICEF/NYHQ2011-0098/NOORANI Public Procurement Principles – UNICEF for every child

Procurement Process Tendering Evaluation Award Issue Purchase Order (PO) Below $2,500 No competition $2,500 to $30,000 RFQ Above $30,000 ITB/ RFP Tendering Commercial Technical Quality Evaluation Below $100,000 Award Recommendation & Approval Above $100,000 CRC Review Approval by SD Director Award Sample

Contractual Instruments Contract Types Contract for Goods Contract for services Contract for Construction Work Purchase Order Institutional Corporate Contract Other Forms of Agreements Long Term Arrangement (LTA)

General Terms and Conditions Contracts for Goods and Services Composed of "clauses" (or numbered paragraphs) collectively referred to as "terms and conditions“ General Terms and Conditions (GTC) are incorporated to all UNICEF commercial contracts. GTC for Services differ slightly from those for goods Special Terms and Conditions (STC) pertain to a specific contract (Contractual Provisions) GTC and STC are intended to provide legally enforceable provisions for securing satisfactory performance on the part of the contractor and of UNICEF CONTRACT Includes Special T&Cs General Terms and Conditions Annex A Public Procurement Principles – UNICEF for every child