Introduction
The Procurement, Travel and Shipping Section, Support Services UNON is resposible for purchasing supplies, equipment
and
services in accordance with relevant UN Financial Regulations and Rules and the UN Procurement Manual.
However, some offices perceive purchasing as nothing more than an "order placing" function. They may see PTSS as one
which
deals with paperwork only. They are wrong! If this is allowed, the opportunities will be lost in a most significant
area of
expenditure.
The following should be expected to obtain an effective purchasing function:
- To obtain value for the money spent.
- To develop and maintain an effective plan for present and future needs.
- To keep management advised of relevant trends in their supply markets.
- To keep appropriate records and provide information.
Objectives of purchasing
A most widely used definition consists of the 6 RIGHTS. It is to obtain materials and services:
- of the RIGHT QUALITY
- of the RIGHT QUANTITY
- at the RIGHT TIME
- at the RIGHT PRICE
- from the RIGHT SOURCE.
- to the RIGHT PLACE.
In a broader prespective, purchasing objectives can be defined as follows:
- 1. To supply the organization with a steady flow of goods and services to meet its needs and to ensure
continuity of
supply.
- 2. To buy efficiently and wisely, obtaining, by any ethical means, the best value for every dollar
spent.
- 3. To manage inventory so as to give the best possbile service to users at lowest cost.
- 4. To maintain sound relationships with other offices, providing information and advise as necessary to
ensure effective
operation of the
organization as a whole.
In other words, goods and services are procured on the basis of the lowest acceptable bid.
Purchasing Procedures
Basic purchasing procedure is covered by four main phases:
- a. The requistion stage - the substantive offices prepare requisition indicating the generic
specifications,
quantity of the items requested, allotment account code to charge and as much as possible the time it is
required.
- b. The pre-order stage - acting on receipt of purchase requisition. This involves locating suitable
potential
source, issuing enquiries and analysing quotations.
- c. The selection stage - agreeing price and terms (following negotiations where necessary) - finally
placing
order or award of contract.
- d. The post-ordering stage - progressing, receiving, invoice certification and measuring supplier
performance.
Therefore, the purchasing cycle as can be seen on the next page covers the abovementioned phases.
The Procurement Cycle
The text on the cycle
are
clickable
Conditions of Service -
Contractors
1. LEGAL STATUS
The contractor shall be considered as having the legal status of an independent contractor.
Agents or
employees of the contractor shall not be considered in any respect as being officials or staff
members of the
United Nations.
2. OBLIGATIONS
The contractor shall neither seek nor accept instructions from any authority external to the
United Nations in
connection with the performance of its services under this contract. The contractor shall
refrain from any
action
which may adversely affect the United Nations and shall fulfil its commitments with fullest
regard for the
interests of the United Nations. The contractor shall not advertise or otherwise make public
the fact that it
is a
contractor with the United Nations. Also the contractor shall, in no other manner whatsoever
use the name,
emblem or official seal of the United Nations or any abbreviation of the name of the United
Nations in
connection with its business or otherwise. Contractors may not communicate at any time to any
other person,
Government or authority external to the United Nations any information known to them by reason
of their
association with the United Nations which has not been made public, except in the course of
their duties or by
authorization of the Secretary-General or his designate; nor shall contractors at any time use
such
information
to private advantage. These obligations do not lapse upon termination of their agreement with
the United
Nations.
3. TITLE RIGHTS
(a) The United Nations shall be entitled to all property rights including, but not limited to
patents,
copyrights
and trademarks, with regard to material which bears a direct relation to, or is made in
consequence of, the
services provided to the Organization by the contractor. At the request of the United Nations,
the contractor
shall assist in securing such property rights and transferring them to the Organization in
compliance with the
requirements of the applicable law. At the request of the United Nations, the contractor shall
take all
necessary
steps, execute all necessary documents and generally assist in securing such property rights
and transferring
them to the Organization in compliance with the requirements of the applicable law.
(b) Title to any equipment and supplies which may be furnished by the United Nations shall
rest with the
United
Nations and any such equipment shall be returned to the United Nations at the conclusion of
this contract or
when no longer needed by the contractor. Such equipment, when returned to the United Nations,
shall be in the
same condition as when delivered to the contractor, subject to normal wear and tear.
4. TERMINATION OF CONTRACT
This contract may be terminated by either party before the expiry date of the contract by
giving notice in
writing
to the other party. The period of notice shall be five days in the case of contracts for a
total period of
less than
two months and fourteen days in the case of contracts for a longer period.
In the event of the contract being terminated prior to its due expiry date in this way, the
contractor shall
be
compensated on a pro rata basis for no more than the actual amount of work performed to the
satisfaction of
the
United Nations. Additional costs incurred by the United Nations resulting from the termination
of the contract
by the contractor may be withheld from any amount otherwise due to the contractor from the
United
Nations.
5. ASSIGNMENT OF PERSONNEL
(a) The contractor shall not assign any persons other than those accepted by the United Nations for work performed under this contract.
(b) UNON introduced a "Guaranteed Fair Employment Package" (or "Fair Pack Policy") in 2004 aimed at improving the working conditions of Contractors’ employees working on site at the UN Gigiri Complex. The policy can be viewed here
6. INDEMNIFICATION AND INSURANCE
(a) The contractor shall indemnify, hold and save harmless and defend at its own expense the
United Nations,
its officers, agents and employees from and against all suits, claims, demands and liability
of any nature or
kind,
including costs and expenses, arising out of acts or omissions of the contractor or its
employees in the
performance of this contract.
(b) The contractor shall provide and thereafter maintain for the duration of this contract and
any extension
thereof all appropriate workmen's compensation insurance and furnish proof to the satisfaction
of the United
Nations of adequate liability insurance.
7. UNITED NATIONS PRIVILEGES AND IMMUNITIES
Nothing in or relating to this contact shall be deemed a waiver of any other privileges and
immunities of the
United Nations.
8. ARBITRATION
Any controversy or claim arising out of, or in accordance with this contract or any breach
thereof, shall
unless it
is settled by direct negotiation, be settled in accordance with the UNCITRAL Arbitration Rules
as at present
in
force. The parties shall be bound by any arbitration award rendered as a result of such
arbitration as the
final
adjudication of any such controversy or claim.
9. AMENDMENTS AND ASSIGNMENTS
No change in or modification of this contract shall be made except by prior written agreement
between the
Chief, Procurement, Travel and Shipping Section, UNON, and the contractor. The contractor
shall not assign, transfer,
pledge, sub-contract or make other disposition of this contract or any part thereof, or of any
of the
contractor's
rights, claims or obligations under this contract except with the prior written consent of the
United Nations.
10. OFFICIALS NOT TO BENEFIT
The contractor represents and warrants that no official of the United Nations has been, or
shall be, admitted
by
the contractor to any direct or indirect benefit arising from this contract or the award
thereof. The
contractor
agrees that breach of this provision is a breach of an essential term of this
contract.
11. OTHER PROVISIONS
Disposal of UN Property
In accordance with the UN Financial Regulations and Rules, any UN property that needs to be disposed as a result of
wear, scheduled
replacement, surplus, loss, damage, theft, vehicle accident or inventory discrepancy should be presented to the Local
Property Survey
Board. The attached Case Report and Recommendation form HPSB 1 should be completed by following the instructions
written at
the back of the form and submitted to PTSS.
A Local Property Survey Board is established in accordance with the provisions of Financial rule 110.32. PTSS submits
notification of
property irregularities such as loss, shortage or damage and property surplus or unserviceability due to normal wear
and tear or
obsolescence. After investigation, the Board reports on causes of any irregularities and recommends action to be taken
thereon,
including the method of disposal of the property where applicable. It also indicates the degree of responsibility, if
any, attaching
to
any staff member as a result of any irregularity.
Common Procurement Terms
PROCUREMENT:the acquisition by any means of goods and services.
SUPPLIER:any potential party engaged in the business of making.
PRODUCTS:(goods or services) available to the consumer.
VENDOR:any person who transfers property by sale.
SELLER:any person who has contracted to sell.
TRADER:any person who buys goods to resell the same.
REQUEST FOR QUOTATION/PROPOSALS
REQUEST TO BID:a request for offers.
QUOTATION:an offer, generally informal, by a potential supplier indicating the price
at which supply will be made if an order should be placed.
BID:a formal offer by a potential supplier.
OFFER:manifestation of willingness to enter into a bargain, so as to justify
another person in understanding that his assent to the bargain is
invited and will conclude it.
GOODS:objects of every kind and description.
SERVICES:any object of procurement related to performing of duties/work
assignment.
CONTRACT:an agreement between two or more persons that creates an
obligation to do or not to do some particular thing.
PURCHASE ORDER:order a document that authorizes the seller to furnish goods to the
person ordering; usually constitutes an offer that is accepted when
the seller initiates performance.
CARRIER:any person engaged in the transportation of passengers or goods.
Other Important Information on
Procurement
1. Official Signatures
PTSS/ Support Services will only accept requisitions duly approved by the respective Executive Offices of both
UNEP
and UN-HABITAT and certified by a Certifying Officer against Allotment Account Codes listed on the requisition.
Requisitioning and Certifying Officers are expected to review all requests in the light of actual needs,
bearing in mind
that PTSS/Support Services regards the signatures of the Certifying Officer and the Requisitioning Officer as a
certification that a need for the items/services requested exists and that funds are available. Requisitions
lacking
signatures of Requesting and the Executive Offices and/or Certifying Officers will not be accepted by
PTSS/Support
Services.
2. Lead Time
In order to allow PTSS Support Services to process the requisition/ contract in accordance with the UN
Financial
Rules, requisitioners/substantive offices are requested to observe the following lead times:
- a) Supply of locally available goods and services: minimum 4 weeks;
- b) supply of locally non-available goods and services: minimum 8 weeks by air and 12 weeks by
sea.
Where the estimated cost is above US$ 70,000 (temporarily increased to US$150,000 and shall be reviewed again
by
HQ) four more weeks should be added to the above mentioned lead times since the case must be referred to the
Local Committee on Contracts for their recommendation to the Under-Secretary-General. Furthermore, highly
specialized equipment and complex contracts may require more time. For more information on lead times required
for
specific cases, staff members are required to contact the Chief, PTSS/Support Services.
3. Authorized Officials
As per Financial Rule 110.16 (b) the authority to enter into contracts on behalf of UN-HABITAT and UNEP rests
with the
Executive Directors. This authority has defacto been delegated to UNON, specifically PTSS/Support
Services.
In this context, it should be noted that the Financial Rule provides the following definition:
"Purchasing, renting or selling activities include, in addition to entering into contracts, the
invitation of
proposals or tenders and the negotiation with potential suppliers or purchasers on the basis of detailed
specification".
In view of the above, purchasing activities can only be undertaken by the Procurement, Travel and Shipping
Section,
Support Services. Therefore, staff members are requested to refrain from entering into offer requests,
negotiations or other purchasing activities at all times.
It should be noted that, in accordance with the above and numerous Audit Observations, the PTSS/Support
Services
will not accept post-facto requisitions nor would it enter into an agreement or issue/award a purchase
order/corporate contract retroactively.
4. Return to Stock
In the event that an office possesses items that are either surplus or are no longer required, such items may
be
returned to Stores. The offices returning the materials/equipment/furniture are required to document the return
with
an authorized Requisition for the Return of Supplies and/or Equipment to Stores (Form PT 71) describing the
material, and stating the reasons for return.
Forms
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