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

2. 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

3. 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/PFPG /Lynch

4. 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/NYHQ /NOORANI
Public Procurement Principles – UNICEF for every child

5. 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

6. 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)

7. 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