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UNDP Sudan Individual Contract (IC) Business Process Individual Contract Definition Business Process Contracts Main topics will be covered Sourcing Incorrect use of IC Definition • • • • • Services of an individual to perform non-staff tasks The IC holder is non-staff and non-official status Clear and quantifiable deliverables Time and deliverable bound services Services can be intellectual (Consultant) in nature or support services (Contractor) • The approving authority must ensure compliance with the process outlined in the policy and its proper use IC Business Process Chain: E-Req Write TOR, Sourcing (Procurement ) ( Hiring Unit) Sourcing Shortlist & interview Negotiate the Contract (Hiring Unit/ Procurement) Evaluate Offers (Hiring Unit/ Procurement) Award Contract (Procurement) Manage the Contract ( Hiring Unit) Evaluate IC Performance IC Sourcing • Normal competitive Process: whole procurement process • Direct Contracting : All Individual Consultants/Contractors should be selected through a competitive process. Under certain circumstances, and subject to proper justification, it may be appropriate to consider a single applicant as the sole suitable individual for selection. Justification with 9 conditions is available in the intra. • Direct contracts from USD 5,000 but below USD 30,000 require approval of the CD. • For direct contracts above $30,000 but below $100,000 require approval of CAP committee. • Direct contracts from USD 100,000 or more require RACP/ACP approval. For further information on direct contracting, please see "Procurement Methods" POPP IC Sourcing • Direct Shopping: less then 5,000 USD No competitive process necessary, past performance review and note to the file. Requires receive financial offer even one candidate Type of Contracts • Simple Individual Contract with specific deliverables and specific time frame and lump-sum amount of the consultancy fee. • Retainer; agree on unit prices and schedule of activities to be rendered. Represents a firm commitment from both parts. • Long Terms Agreement (LTA) : Contract for 2 to 3 years Incorrect Use • • • • • • • a) To perform staff functions: b) As a stop-gap measure, such as filling posts temporarily vacated by a UNDP staff member on any form of absence or leave; - Procurement Policy changes: – Allows, under certain circumstances, ICs to be engaged for up to 3 months as a staff resource to staff covering temporary absences, a major change that makes the IC more flexible; c) When recruitment of a new staff member for an existing position in an office is taking longer than usual for whatever reason; d) To fill regular and continuing functions in an office; e) As a means to re-instate a staff member whose previous post/function has been abolished; f) As a means of placing a staff member on a short-term probationary period, even if a competitive selection process has been completed, prior to confirming the staff member’s appointment to a fixed-term contract or other contract modality; g) When a post is created on an experimental basis and the office would like to determine whether the said post and functions should be made a regular post/function in the office Presentation end here Some more slides for your references … Justification of Direct Contracting • There is no competitive market-place for the requirement, such as where a monopoly exists, where prices are fixed by legislation or government regulation, or where the requirement involves a proprietary product or service. • There has been a previous determination or there is a need to standardize the requirement. • The proposed procurement contract is the result of cooperation with other organizations of the United Nations system, pursuant to Rule 121.02. Justification of Direct Contracting • Offers for identical requirements have been obtained competitively within a reasonable period and the prices and conditions offered remain competitive. • A formal solicitation has not produced satisfactory results within a reasonable prior period. • The proposed procurement contract is to purchase or lease real property. Justification of Direct Contracting • There is a genuine exigency for the requirement. • The proposed procurement contract relates to obtaining services that cannot be objectively evaluated. • The Chief Procurement Officer otherwise determines that a formal solicitation will not give satisfactory results. 1. Identify the need of the services and make sure whether the IC is the right modality; 2. Develop the Terms of Reference (TOR) for the services required; 3. Atlas Requisitions to ensure the availability of the fund; and assign Sidahmed Abdalla as buyer in the requisition; 4. The Procurement Notice together with technical TOR should be attached to the requisition. 5. Approval of the request by budget owner and the make sure the E-Req should shows approved and budget checked valid; 6. Sourcing of the candidates either to advertise the TOR (developed by the requesting unit) or from the roster /other sources of information; 7. In case of advertising: 1. 2. 3. 4. 5. 6. Receive the applications on-line; Determine the long and short-listing (at least two members) and interview panels (min. of three members at least one from the hiring unit); Prepare for the interview (technical questions in advance, inviting candidates); Conduct the oral interview; Immediate technical evaluation, scoring the candidates and opening the financial offers; Issue the evaluation report and obtaining the panelists and senior management’s Signatures; 8. In case of Direct Contracting (DC) get the clearance and waiver signed by the Management; 9. Negotiation the price with the selected candidate; 10. Give the winner the final financial offer; 11. Reference Check and Medical Check-up; 12. Create the Vendor Profile in Atlas –if required-; 13. Issue and sign the contract; 14. Issue the PO; 15. 18. Process the payment by the requesting unit liaising with Procurement for the PO details; 16. 19. Contract management if require any extension or contract amendment; and 17. 20. Evaluation IC performance by the Hiring Unit. General background information on the context of the engagement; Objectives of the assignment; Scope of work, which must be consistent with the budget for the works, and contain a detailed description of the deliverables and activities to be performed. The duration of the assignment; duty station and expected places of travel, if any is required; Detailed provision of monitoring and progress controls, including reporting requirements, frequency, format and deadlines; A clear and unequivocal definition of the final product/s or deliverables (e.g., survey completed, workshop conducted, data collected, reports written, etc), timeframe for completion of the deliverables and payment milestones; • Approval process required to certify outputs prior to authorizing payment, payment milestones information if applicable; • An unambiguous description of the selection criteria including required degree of expertise and qualifications such as specialized knowledge, language needs and experience the consultant/contractor must fulfill; • If applicable, a detailed list of all inputs and services which will be provided to the consultant/contractor by UNDP or, where applicable, by UNDP’s implementing partners, in order to perform the contract; and • Other relevant information. http://content.undp.org/go/userguide/cap/mgmtssa/slct-engmnt-ssa/?lang=en#top