Innovations for Poverty Action (IPA)
Global Procurement Policy and
2. PURPOSE……………………………………………………………………………………………………………………………………. 5
3. ETHICS STATEMENT…………………………………………………………………………………………………………………………. 6
4. THE PROCUREMENT PROCESS………………………………………………………………………………………………………….. 7
5. ROLES AND RESPONSIBILITIES OF PERSONS INVOLVED IN THE PROCUREMENT PROCESS……………. 9
5.1 SEPARATION OF DUTIES ………………………………………………………………………………………………….. 10
6. PURCHASE REQUISITION, STATEMENT OF WORK, AND SOLICITATION OF OFFER ………………………… 11
6.1 REQUESTOR RESPONSIBILITIES ON THE PURCHASE REQUISITION…………………………………………… 11
6.2 PROCUREMENT ADMINISTRATOR RESPONSIBILITIES ON THE PURCHASE REQUISITION .. 12
6.3 STATEMENT OF WORK AND SPECIFICATIONS…………………………………………………………………….. 12
6.4 BASIC CONTENT OF SOLICITATIONS ………………………………………………………………………………….. 13
6.5 ADVERTISEMENT OF SOLICITATION ………………………………………………………………………………….. 14
6.6 DELIVERY OR PERFORMANCE SCHEDULES ……………………………………………………………………….. 14
7. BID OPENING, EVALUATION COMMITTEE, AND SELECTION ……………………………………………………. 15
7.1 SECURING QUOTATIONS………………………………………………………………………………………………………. 15
7.2 RESPONSIBILITIES ON VENDOR SELECTION ………………………………………………………………………. 17
7.3 OPENING AND EVALUATION COMMITTEE…………………………………………………………………………… 17
7.4 EVALUATION AND APPROVAL OF VENDOR BIDS…………………………………………………………………. 18
7.4.1 Evaluation and Selection of Offers…………………………………………………………………………………… 18
7.4.2 Bid Analysis Form…………………………………………………………………………………………………………. 19
7.4.3 Record Receipt and Retention Responsibilities………………………………………………………………… 19
7.4.4 Basic Eligibility and Minimum Criteria for Selection………………………………………………………… 20
7.4.5 Excluded and Restricted Parties……………………………………………………………………………………… 20
7.4.6 Final Bid Approval………………………………………………………………………………………………………… 21
7.4.7 Rejection of All Bids………………………………………………………………………………………………………. 21
7.4.8 Debriefing and Protest against Bid Selection…………………………………………………………………… 22
7.4.9 Documentation…………………………………………………………………………………………………………….. 22
7.5 PROCUREMENT THRESHOLDS AND CONDITIONS……………………………………………….. 23
7.5.1 Solicitations……………………………………………………………………………………………… 23
7.5.3 Naming Convention for Documents………………………………………………………….. 23
7.5.4 Additional requirements…………………………………………………………………………….. 24
8.1 PURCHASE ORDER…………………………………………………………………………………………………………………. 25
8.2 INDEPENDENT CONTRACTOR AGREEMENTS AND ENTITY CONTRACTS………………………………. 26
9. RECEIVING FUNCTIONS…………………………………………………………………………………………………. 27
10. RECOMMENDED VENDORS LIST……………………………………………………………………………………… 29
10.1 SELECTION PROCESS………………………………………………………………………………………………… 29
10.1.1 Needs Assessment…………………………………………………………………………………………. 29
10.1.2 Specifications and statement of work……………………………………………………………… 30
10.1.3 Advertising and receipt of bid………………………………………………………………………… 30
10.1.4 Contracting and ordering………………………………………………………………………………. 30
10.1.5 Continuous monitoring and evaluation…………………………………………………………… 30
10.2 REQUIRED DOCUMENTATION………………………………………………………………………… 30
10.3 HOW TO DETERMINE THE VALUE OF THE CONTRACT…………………………………… 31
10.4 CHANGING THE RECOMMENDED VENDOR PRICES OR LIST OF ITEMS………….. 31
10.5 CONTRACT RENEWAL PROCESS………………………………………………………………………. 32
11. THE PROCUREMENT ADMINISTRATOR……………………………………………………………. 32
12. EXCEPTIONS TO FULL AND OPEN COMPETITION……………………………………………… 33
13. SUBRECIPIENT PROCUREMENT AND SUBRECIPIENT AWARDING OF CONTRACTS……….. 35
14. CONTROLS………………………………………………………………………………………………………….. 36
14.1 MINIMUM REQUIREMENT………………………………………………………………………………….. 36
14.2 SEGREGATION OF DUTIES…………………………………………………………………………………… 36
14.3 DOCUMENTATION REQUIRED FOR PAYMENT……………………………………………………. 37
15. DONOR SPECIFIC RULES AND REGULATION ON PROCUREMENT………………………. 38
16. ANNEXES……………………………………………………………………………………………………………… 39
TABLE 1 PROCUREMENT PROCESS FLOW CHART…………………………………………………………………………… 40
TABLE 2 PROCUREMENT QUICK REFERENCE GUIDE…………………………………………………………………….. 41
TABLE 3 DELEGATION OF AUTHORITY AS AT JANUARY 2018………………………………………………………… 42
SUGGESTED DRAFTS…………………………………………………………………………………………………………………………….. 43
The policy set forth in this document establishes standards and guidelines for the procurement of supplies, equipment and services by Innovations for Poverty Action; a Nonprofit Corporation, its employees, or affiliates (hereinafter IPA). It ensures that procurements are managed in an efficient and cost-effective manner, through an open and competitive process, and that subsequent contracts and purchase orders are managed with proper administrative practices and sound business judgment. Donor specific regulations may exist, therefore whenever a procurement or purchase takes place the Donor Agreement shall be referenced in addition to this policy. Adherence to this policy is critical to maintaining the trust of our donors, ensures our fiduciary responsibilities, and protects IPA’s reputation. This Global Procurement Manual is effective as of January 1, 2018.
Procurement is one of the major areas where donor funding is utilized. IPA commits to placing adequate and transparent controls on all procurement activities in order to provide the highest value for donor money, avoid conflicts of interest, and to protect against financial impropriety and kickbacks. This policy outlines the requirements for using funds to purchase materials, products or services and is designed to ensure that IPA representatives:
- Follow a free and open competitive process in securing products or services;
- Observe applicable donor rules and regulations or provisions regarding the procurement of goods and services;
- Contract with local businesses who meet minimum acceptable standards, and for HQ purchases or when required by donor, contract with U.S. small businesses, minority and/or women-owned businesses to the maximum extent feasible;
- Make all purchases in the best interests of IPA, while fulfilling the fiduciary responsibilities to our donors;
- Procure based on that which is required to accomplish project goals or perform the mission of the organization;
- Obtain only quality supplies and services at the time and place required for project implementation;
- Obtain best value on all expenditures;
- Only buy from responsible sources and deal fairly and impartially with all vendors;
- Properly document procurement activities and decisions in order to ensure a transparent, clear and understandable “audit trail;”
- Ensure procurements are conducted ethically and with integrity, free from potential, actual or perceived conflicts of interest; and
- Ensure appropriate segregation of duties throughout the procurement process to prevent against potential fraud, embezzlement and money laundering.
Any country specific adaptation of this procurement policy requires the written approval of the Chief Financial and Administrative Officer.
3. ETHICS STATEMENT
Business will be conducted in an ethical manner which is above reproach, requires total impartiality and no preferential treatment for any vendor. Procurement will be made based strictly on the merits of supplier proposals considering price, timing, and quality of product and service.
All IPA employees involved in the procurement process will not solicit or accept, directly or indirectly, any gift, favor, entertainment, loan or anything of monetary value, from suppliers or prospective suppliers of goods or services or anyone who has or has potential to have a procurement connection with IPA.
All staff involved in the procurement process will avoid any action or circumstances that might conflict with the proper performance of their duties or compromise the organization’s acquisition process. Additionally, they will ensure that their conduct at all times is in a manner that maintains trust and confidence in the integrity of the procurement process, in compliance with all applicable laws including, without limitation, the U.S. Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws.
Conflict of Interest: No employee, officer, member of the Board of Directors or agent of IPA will participate in the selection, award or administration of a contract or sub- award if a conflict of interest, real or apparent, is involved. Such a conflict would arise when, among other things, any of the following has a financial or other interest in the organization or company selected for award:
- The employee, officer, or member of the Board of Directors of IPA,
- Any member of his or her immediate family,
- His or her partner,
- An organization that employs, or is about to employ, any of the above.
All IPA representatives shall receive and become familiar with and abide by the IPA Code of Conduct, which provides greater detail to the above.
Certain donors may have additional restrictions, if in doubt please check with the applicable grant manager.
4. THE PROCUREMENT PROCESS
There are four steps in the procurement process: (1) Specification Development and Requisition, (2) Source Selection and Contracting, (3) Delivery and Receipt of Goods and/ or Services, and (4) Payment.
See Table 1 – Procurement Process Workflow for a workflow chart of the IPA procurement process.
The detailed processes to be followed are set out in the succeeding sections. IPA must maintain sufficient records as a minimum to document:
- Reason for procurement
- The procurement method
- The selection of contract type
- Basis for price
- Basis for supplier selection or rejection
Purchases must be made as specified
- All procurement is supported by a pre-approved Purchase Requisition Form;
- The method chosen for procurement must be documented.
- Competitive bids are not required below $500 but as far as practical use several qualified suppliers for similar types of purchase.
- Quotations or competitive bids are secured for procurements amounting to US$500 or more.
- Purchase Orders and or Contracts are issued for purchases over $1000.
- Individual Consulting Agreements or Service Agreements for services must follow competitive requirements
- Sole source purchases are exceptional and are permitted only in defined circumstances with specific prior approval.
Purchases not covered by this procurement manual include: legal, tax, accounting and external auditing services, employee benefit programs, real estate or leases, corporate insurance. Purchases in these areas will be administered under the direction of Global Legal (legal services, corporate insurance) Global Finance (tax, accounting and external auditing services, leases and real estate) and Global HR (employee benefits) although overall principles will apply. Sub-contract awards are subject to additional procedures.
Special Supplier Contracts
IPA Global departments may establish special agreements with a small number of suppliers to maximize IPA’s purchasing power, reduce overall costs and provide best value overall. Purchases may be made under these contracts without additional competitive bidding as this will already have been performed in establishing these agreements.
5. ROLES AND RESPONSIBILITIES OF PERSONS INVOLVED IN THE PROCUREMENT PROCESS
Requestor: The Requestor is the person originating the procurement request. The requestor is responsible for producing the Purchase Requisition and providing the technical specification of the products or services to be purchased and contact information for recommended vendors. The requestor is also responsible for obtaining the necessary approvals from their manager for the requisition.
Purchase Requisition Approver: The Purchase Requisition Approver is the person that has the budgetary responsibility for the procured goods and/or services and is responsible for approving the Purchase Requisition prior to submission to the Procurement Administrator, including verifying budget line item availability for any good or service to be procured. This person is normally the manager of the Requestor and generally will be the Project/Research Manager, Department Manager, or Country Director/ Representative. The Purchase Requisition Approver should also review the Purchase Requisition form for completeness and accuracy of the budget.
Procurement Administrator: The Procurement Administrator is the person who is tasked with developing the Request for Quote or Proposal (RFQ/RFP), contacting vendors and collecting quotes or proposals, developing contracts, and maintaining procurement files. The Country Director will be responsible for identifying a specific person for procurement responsibilities such as an Office Manager, Operations Manager, or Procurement Associate, etc. For regional programs and headquarter purchases and countries without the appropriate staff resources, the Procurement Administrator will be appointed by the Country Director/ Department Head along with the Regional Director and Chief Finance and Administrative Officer. This person coordinates the procurement process in addition to confirming that the requested item(s)/service has available budget codes after verification by the Purchase Requisition Approver of the existence of an approved budget and availability of funds.
Evaluator(s): Evaluator(s) is/are person or people that review the bids and recommend a selection of vendors for the procurement. For procurements $500 USD and above but below $10,000 USD, there must be at least three (3) evaluators, the Procurement Administrator, the Requestor and either the Finance Manager or a third person who is not directly involved with the project making the purchase. For procurements of $10,000 USD or more, the Tender Committee will be responsible for reviewing and recommending selection.
Tender Committee: A Tender Committee should include at least three staff members: for example, the Procurement Administrator, a Finance team member, and a representative from the Program or Admin team (whichever is relevant to the good or service being procured). An odd number of people should be included to avoid a split decision.
Authorized Individual: Employees that fall within this category are the Country Director, the Regional Programs Director, the Department Head and/or the Chief Finance and Administration Officer or their designees. The appropriate Authorized Individual is the person who has signatory authority for the purchase order/contract as set forth in the IPA Table of Authorities. The Authorized Individual is ultimately responsible for signing the purchase order/contract, binding IPA in the purchase, and ensuring the procurement process has been performed properly.
Receiver: The Receiver is the staff member who will verify that the delivery of goods or services has been received as per the specifications. This task may be performed by anyone who has been designated by the Authorized Individual, such as a staff member who has the technical understanding of the specifications of the procured items to verify the procurement.
Finance Manager/ Accountant: The person responsible for making payment after receiving and reviewing all appropriate documentation and approvals following standard IPA internal controls.
5.1 SEPARATION OF DUTIES
The duties of purchasing, receiving and authorizing payment of goods and services should be distributed among two or more people. If staff limitations inhibit this then the responsible manager should seek guidance from his/ her supervisor and the CFAO.
The Authorized Individual must be an employee of IPA.
6. PURCHASE REQUISITION, STATEMENT OF WORK, AND SOLICITATION OF OFFER
6.1 REQUESTOR RESPONSIBILITIES ON THE PURCHASE REQUISITION
All purchases require that there be a formal request to initiate the process. A Purchase Requisition Form (See Annex A) shall be completed by the Requestor, then reviewed and approved by the Purchase Requisition Approver, and availability of funds confirmed by the Finance Manager or his/her designee.
The Requestor will then submit a complete and approved Requisition Form to the Procurement Administrator to initiate the procurement process.
The Purchase Requisition form must contain the following information:
- Requestor: Requestor’s name, title, and department
- Date of the request (justification must be provided if the date of request is less than 6 weeks before the end date of the grant);
- Date of approval;
- Date the goods or services are needed (justification should be provided if the goods/services are needed less than 2 weeks after the date of request).
- Specifications: Item(s) being requested and their specifications (Scope of Work (SOW), informational, educational and/or promotional items, designs and/or samples may be attached to the request).
- Budget: Requestor must specify the amount of the approved budget available for the Equipment or Service
- Quantity/LOE: Number and unit type and/or Level of Effort, if applicable
- Charge Code: Detailed accounting string that will be used to record the expense (GL account code, Project Code, and Grant Code)
- Recommended Vendors: The Procurement Administrator should provide detailed contact information on recommended vendors, if any, from an approved list and any rationale for recommendation.
- Approval: The Purchase Requisition Approver reviews and approves the request prior to submission to the Procurement Administrator; and for certain purchase levels the Country Director or Regional Director (or Designee) also must approve the request. The review includes verifying that all the provided information is complete and accurate in addition to confirming the procurement meets an actual need and funding is available.
To avoid delays in fulfilling the request, the Requestor shall provide as much detail as possible in the Requisition Form.
6.2 PROCUREMENT ADMINISTRATOR RESPONSIBILITIES ON THE PURCHASE REQUISITION
The Procurement Administrator in turn has the responsibility of reviewing all Purchase Requisition Forms that are submitted. The request will be promptly returned to the Requestor, generally within 1 business day of receipt by the Procurement Administrator, if any detail is missing or proper approval is lacking. The Procurement Administrator is not authorized to alter specifications, quantity, or other details of a Purchase Requisition Form. If modifications or corrections are required, a revised Purchase Requisition Form will be submitted to the Procurement Administrator, along with all the proper approvals for the revision.
Additional review is required of each request that is:
- For purchases from a sole source;
- For quantities which appear to be greater than required;
- For quantities which appear to be less than required;
- Inconsistent with actual needs;
- Without clear or sufficient detail;
- Unduly restrictive specifications;
- Presented as “urgent”;
- For the purchase of donor restricted goods (e.g. vehicles, pharmaceuticals, agricultural commodities, used equipment);
- For purchases subject to donor restricted Source/Origin regulations, OR
- For procurements of $10,000 or more.
The Procurement Administrator also reviews the Request for completeness and against the budget codes to which the procurement will be charged, following verification by the Purchase Requisition Approver and the Finance Manager or his/her designee to ensure that sufficient funds have been budgeted and the procurement is within the approved budget. Purchases not included in the approved budget or exceeding the budget require the approval of the Authorized Individual (and possibly the Donor), regardless of price.
6.3 STATEMENT OF WORK AND SPECIFICATIONS
Prior to the issuance of a solicitation, the Requestor shall submit to the Procurement Administrator the required documents (see Table 2) in addition to a Statement of Work and/or specifications that are designed in such a way as to:
- Promote, to the maximum extent possible, full and open competition, with due regard to the nature of the supplies or services to be acquired; and only include restrictive provisions or conditions to the extent necessary to satisfy the needs and requirements of IPA and the donor.
- State the requirements with respect to an acquisition of supplies or services in terms of:
- Functions to be performed, programmatic/technical requirements
- Essential physical characteristics of items being requested
- Define requirements in terms that enable and encourage bidders to supply off- the-shelf commercial items to the extent practicable.
6.4 BASIC CONTENT OF SOLICITATIONS
Procurements are open to all qualified organizations or individual contractors to ensure free and open competition. The bidding document(s) used for solicitation shall be in conformance with the requirements of the Donor and thresholds detailed in Section 6.5 and 7.5 of this policy. All solicitations for goods or services should include (examples available upon request):
- A purpose and objective of solicitation;
- A clear and accurate description of technical requirements, materials or service, and the required delivery date. Use of brand names shall be avoided to the fullest extent possible. Should brand names be needed, the use of the phrase “or equivalent” is required to follow the item description;
- The intended duration of award (estimated start/end date for services, and delivery date(s) for good) if applicable;
- The basic eligibility requirements for applicant and a request for references;
- Any other requirements which the bidder must fulfill;
- The application format requirements (page limitations, etc.) and the duration quotes must be/remain valid;
- IPA contact information;
- An opening and closing date of the solicitation, including addressing possible “protest” actions;
- The criteria and evaluation weightings to be used in evaluating the bid;
- A note that discussions held between IPA staff and a vendor before conclusion of a contract are preliminary and non-binding;
- A disclaimer that IPA reserves the right to revoke or amend the solicitation at any time prior to award without any legal obligations to applicants and that no commitment is made either expressed or implied, to compensate applicants for cost incurred in preparing applications. An additional disclaimer that IPA reserves the right to reject any application that is non-responsive to the solicitation;
- A request that the bidder include proposed payment terms (unless payment terms are included within the solicitation); and
- All applicable regulations and flow-down requirements for the applicable award.
6.5 ADVERTISEMENT OF SOLICITATION
For awards, or multiple awards for recurring purchases, estimated to be $100,000 or more on a yearly basis – for example tablets or smart phones, or for individual purchases of $10,000 or more, invitations to bid shall be advertised locally (newspaper, public announcement board, etc.) and/or online in order to provide the greatest extent of competition possible. The bidding documents must be made available to prospective bidders prior to the deadline for the submission of bids based on the following schedule: for tenders anticipated to be $100,000 or more, the request must be open for a period of 28 calendar days (lesser periods may be approved by the Regional Director or Department Head); for all other values, the request must be open for a minimum period of 7 calendar days. A procurement shall not be split into several procurements in a manner as to avoid the advertising requirements.
6.6 DELIVERY OR PERFORMANCE SCHEDULES
The time of delivery or performance is an essential contract element and shall be clearly stated in solicitations. Requestors shall ensure that delivery or performance schedules are realistic and meet the requirements of the acquisition. Schedules that are unnecessarily short or difficult to attain tend to restrict competition, and may result in higher prices that do not provide optimum value for money.
7. BID OPENING, EVALUATION COMMITTEE, AND SELECTION
7.1 SECURING QUOTATIONS
Requirements for securing quotations are specified below:
- Bids will be solicited only upon receipt of an approved Purchase Requisition Form that follows the criteria set below.
- Bids will be solicited only by the Procurement Administrator. For sealed bidding, bids can be solicited from a generic email address to which the Procurement Administrator does not have access using the RFP/RFQ and vendor contacts provided by the Procurement Administrator.
- All quotes shall be submitted without any Alteration.
- For procurements of $10,000 or more, tendered documents should be requested and received as sealed All bids or responses from vendors that are delivered by the closing date and time shall be included in the submission to the Procurement Administrator. The Procurement Administrator shall ensure that all contacted vendors have replied (regardless of whether they supplied a quote or not) or if any of them have not replied, such information will be documented in the selection memo.
- Hardcopy sealed bids must be stored in a locked/secured box or safe until the closing date to which the Procurement Administrator does not have access.
- Emailed bids must be sent to a generic email address to which the Procurement Administrator does not have access. Emailed bids will be forwarded to the Procurement Administrator after the closing date. At least two employees in non-procurement functions must have access to this email.
- If transmission of the RFP/RFQ to vendors is via email, the request should be transmitted from the generic email address to which the Procurement Administrator does not have access.
- It is recommended that quotations be received via email. Quotations may be received in hard copy when they are delivered to IPA by the vendor and stored in a sealed envelope; IPA shall not send staff to collect quotes on the vendor’s behalf. Quotations delivered to the IPA office by vendors shall be logged in the incoming correspondence/package log, which should include the name and signature of the individual delivering the quote, the date and time of drop-off, and the name and signature of the IPA employee receiving the correspondence- this individual should not be the Procurement Administrator.
- Procurement-related communication with vendors should be sent from a generic procurement email address. Messages to the procurement email address should be accessible to the members of the tender committee or at least 2 designated staff in addition to the Procurement It is best practice to transmit and receive procurement-related communication to this email address and not an employee’s personal email to allow both for transparency and for access to information should the Procurement Administrator have an issue with their email account or be on leave.
- Suppliers will not be approached by anyone in IPA for quotations once the deadline for solicitations has passed, unless all received bids have been deemed unresponsive, in which case the bidding process must start Bids must not be made as a cover-up nor manipulated to support an already determined selection.
- Bids from suppliers must be in response to a specific request and are valid for that request only. Unsolicited bids should under no circumstance be considered for possible award of Contracts.
- Source Selection teams should only review the proposals/bids after all have been received by the due date and time.
- All quotes must be verifiable, meaning that all quotes must contain the exact vendor’s name, physical address, phone number, email address and name of contact person. In the case of service contracts with individual service providers, as opposed to services provided by entities (e.g. companies, corporations, LLCs), the quote must also include a fully completed bio-data form (Annex J).
If any IPA employee has any concern over the way any procurement process was followed for any individual procurement, it should be brought to the attention of their manager. If one is unable, or uncomfortable, addressing this with the immediate manager, then the individual should bring it to the attention of anyone on management he or she feels comfortable in approaching, or may anonymously report it via the whistleblower hotline. Please refer to the IPA Whistleblower Hotline: +1-844- 837-5445 or www.lighthouse-services.com/poverty-action.
7.2 RESPONSIBILITIES ON VENDOR SELECTION
Prospective vendors shall be found via market research by the Program Team and the Procurement Administrator and must be approved by the Country Director. Country Offices are encouraged to maintain a list of potential vendors identified during the market research phase. The list, at a minimum, should include contact information, items/services in which they specialize, and past performance information, if previously selected. For more information on Recommended Vendor List, see Section 10.
Request for quotes will be made only after reviewing the approved purchase requisitions and its applicable attachments. Absent an Evaluation Committee, the selection of the vendor rests on the decisions of the Procurement Administrator and the Authorized Individual.
Competitive bidding for all purchases is to be handled by the Procurement Administrator in accordance with the specified amounts listed in Section 7.5.
Whenever there is a comparison of quotes, the Procurement Administrator will ensure a summary of the quotes is completed on a Bid Analysis Form (Annex E).
7.3 OPENING AND EVALUATION COMMITTEE
The Procurement Administrator is expected to follow the procurement process as discussed in this manual. However, there are instances when a formal Tender Evaluation Committee should be established based upon the following criteria:
- If the value of the individual procurement is US$ 10,000 or more;
- The Procurement Administrator or the Authorized Individual needs technical assistance in reviewing the criteria stipulated in the bid documentation;
- If it is stipulated by the donor. The Tender Evaluation Committee will be cross-functional and should be comprised of:
- The Procurement Administrator;
- A Representative from the Programs Team;
- A staff member from a relevant department with skills and knowledge with regards to the required goods or services (e.g. IT department), in addition to any individual who requested the goods or services;
- A Representative from the Finance Team
- Possibly an external consultant under the direction of the department concerned in cases where their technical expertise adds value to the source selection Process.
This committee is responsible for the evaluation of bids received in accordance with the criteria specified in the bid documentation, which includes verification of vendor responsibility as follows:
- The ability of the bidder to provide the deliverables as required, whether the bid is to specification in respect of quality, functionality, dimensions, design, customer support, guarantee, etc ;
- Whether a bid offers maximum value;
- The number and size of contracts awarded to bidder during the preceding thirty-six months and their performance in executing those awards;
- Whether the prospective contractor/subcontractor has affirmatively demonstrated its responsibility, including, when necessary, the responsibility of its own proposed subcontractors.
All sealed bids must be opened at the same time in the presence of the Tender Evaluation Committee.
7.4 EVALUATION AND APPROVAL OF VENDOR BIDS
7.4.1 Evaluation and Selection of Offers
The objective of source selection is to select the proposal that represents the best value. Best value is determined through a process that compares strengths, weaknesses, risk, price (total cost of ownership) and performance, in accordance with the selection criteria. These variables are rarely equal. In cases where these variables are equal, the lowest price should prevail, and when they are not the criteria should be weighted based on importance as listed in the solicitation. In all cases the selection memo shall detail the justification for selecting the best value offer.
A clear analysis of the objective elements (i.e. total price, total cost of ownership, quality of products or service, terms of payment, delivery terms, mode of payment, insurance, and procurement locale) of each order should be performed, accompanied by a Bid Analysis and selection (see section 7.4.2).
All those on the committee must confirm in writing that they have no real or potential conflicts of interest. In the event an individual may have a potential or perceived conflict, such potential conflict, must be brought to the immediate attention of the Country Director, Regional Director, Department Head or Chief Finance and Administrative Office, as appropriate, who will decide whether such perceived or actual conflict exists, in which case the person must be recused. Failing to bring a potential or perceived conflict to the appropriate attention is a disciplinary offense, which can result in disciplinary action up to and including termination. The Country Director, Regional Director, Department Head or Chief Finance and Administration Officer will seek Counsel if/ when needed.
7.4.2 Bid Analysis Form
The Procurement Administrator and Evaluators (procurements $500 – $9,999) or Tender Committee ($10,000 & upwards) are responsible for developing a Bid Analysis which provides a ranking of bids with a detailed cost comparison of all the bids by unit and total cost of ownership.
Evaluation of bids shall be made in strict adherence to the criteria disclosed in the bidding documents and recorded using the Bid Analysis Form.
The Procurement Administrator and Evaluators or Tender Committee are required to make a recommendation of who should receive the award. Following the initial recommendation, the Procurement Administrator and at least one member of the Tender Committee/ Evaluators will conduct a “responsibility determination” via a past performance verification of the selected winner. At a minimum this will verify that the winner is in good standing with IPA, is a duly organized and existing company (if the bidder is not a company, the individual is who they purport to be), is not on any terrorist or de-barred lists, has a history of good performance with other organizations, and is not otherwise ineligible to receive an award from IPA. For new vendors this review should include references and substantiation of the physical business. If any issues are raised the Procurement Administrator will document them and bring them to the Authorized Individual for review.
The Bid Analysis Form and documentation of the recommendation and the rationale is completed by the Procurement Administrator and then reviewed and approved by the appropriate Authorized Individual (depending on value of purchase) prior to confirmation of the order. For disapproval or rejection of bids, see Section 7.4.6 and 7.4.7..
7.4.3 Record Receipt and Retention Responsibilities
The Procurement Administrator will require all bids to be delivered by electronic mail (email). In exceptional cases when hand delivery or via post/ courier is the only available option, and is approved by the CFAO all bids will be stamped the date and time they are physically received by IPA (as opposed to postmarked date for mailed documents, and date and time sent by email). It is the responsibility of the Procurement Administrator to receive all bids and keep bids secure, and to keep them for the period required in the IPA record retention policy or donor’s funding document, whichever is longer. Bids shall not be opened or evaluated prior to the closing date listed in the solicitation and must be opened at the same time with the entire Tender Evaluation Committee present.
7.4.4 Basic Eligibility and Minimum Criteria for Selection
The following criteria will be considered, and documented accordingly, in the selection of all vendors or contractors:
- The required goods and services are provided within normal business operations;
- The quality and availability of the goods and services, including the ability to provide warranty services or repairs;
- Technical expertise;
- Operating in a competitive environment;
- Fair market value of goods or services;
- They must not be debarred or excluded from providing goods or services to any government or international governing body;
- They must not be engaged in or have been engaged in the support of terrorism or of individuals and organizations associated with terrorism, or human or drug trafficking;
- Source and Origin (if specifically applicable to the prime award in question); and
- Must not have a conflict of interest with IPA.
7.4.5 Excluded and Restricted Parties
IPA’s policy is to take reasonable, preventive measures to ensure that we do not support individuals or organizations that are debarred, suspended, or associated with terrorism. As a due diligence measure, IPA will document on the Bid Analysis Form that we have verified that individuals and/or organizations and their respective directors, officers and contacts being considered for a third-party agreement are not listed on the following websites (UN, US, UK and EU):
- UN Security Council Sanctions List:
- S. System for Award Management: https://www.sam.gov
- S. Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons (SDN) List: https://www.treasury.gov/resource- center/sanctions/SDN-List/Pages/default.aspx
- UK Asset Freeze Targets: https://www.gov.uk/government/publications/financial-sanctions- consolidated-list-of-targets
- UK Financial Sanctions Targets: https://www.gov.uk/government/publications/current-list-of-designated- persons-terrorism-and-terrorist-financing
- EU Financial Sanctions Database: https://webgate.ec.europa.eu/europeaid/fsd/fsf
- Australian Department of Foreign Affairs and Trade Consolidated List:
- Canadian Office of the Superintendent of Financial Institutions Terrorist List: http://www.osfi-bsif.gc.ca/Eng/fi-if/amlc-clrpc/atf-fat/Pages/default.aspx
All vendors, contractors and subcontractors must be checked against these lists; the owner of the company/organization, the company/organization’s officers, the contact, and the company/organization name all need to be checked. Should an individual or organization be identified on any of these lists, immediately bring this identification to the attention of the General Counsel. Please ensure any donor- specific requirements for checking against any other specific lists are included.
7.4.6 Final Bid Approval
If for any reason a selection cannot be recommended by the Evaluators, or the Authorized Individual does not approve the selection, it will be the decision of the Authorized Individual whether to cancel the solicitation, issue a new solicitation (“re- tender”), or cancel the project. Documentation, via a memo, is required to explain the circumstances that lead to the indecision or disapproval of a selection.
7.4.7 Rejection of All Bids
Rejection of all bids may be justified where:
- there is lack of effective competition,
- bids are not substantially responsive,
- when the bid prices are substantially higher than the existing budget and additional funds cannot be allocated; or
- for a variety of reasons, the Authorized Individual determines it does not need the services or goods.
Lack of competition shall not be determined solely based on the number of bidders. Even when only one bid is submitted, the bidding process may be considered valid, if the bid was satisfactorily competed as required under this policy and prices are reasonable in comparison to market values. A reasonable cost is defined as one which would be incurred by a prudent person under the same circumstances existing at the time the decision was made to incur the costs.
7.4.8 Debriefing and Protests against Bid Selection
It is the responsibility of the Procurement Administrator and/or Tender Evaluation Committee to respond to any reasonable questions from unsuccessful bidders, after seeking guidance from the Country Director, Regional Director or Department Head who may also seek guidance from Counsel when needed. Any company that issued an unsuccessful bid may submit a request for appeal to the Country Director or Department Manager for review and final determination, who shall forward the request with their recommendation to the Regional Director or Chief Finance and Administrative Officer.
It is critical to properly document purchasing activities and decisions. This is achieved by obtaining sufficient documentation to support a transparent, clear, and understandable “audit trail.” Therefore, someone who has was not involved in the procurement process can easily follow the entire procurement process from beginning to end. The documentation will clearly demonstrate the need for the purchase and the reason and process behind the selection.
The vendor file should include a summary sheet that shows
- Reason for procurement
- The procurement method
- The selection of contract type
- Basis for price
- Basis for supplier selection or rejection
The summary sheet can refer to other documents in the file e.g. Under the basis for supplier selection or rejection it can refer to the “Bid Analysis Sheet”.
The vendor file should include the past performance analysis and the dates the sanction checks were done.
Table 2 contains all the required documentation that should be maintained in the procurement files for any individual procurement. The Procurement Administrator is responsible for maintaining complete and accurate procurement files.
7.5 PROCUREMENT THRESHOLDS AND CONDITIONS
The Country Director or Department Manager has the authority to establish lower thresholds from those listed in this document to meet specific programmatic needs or to protect IPA’s interests. They cannot be increased unless approved by the CFAO. Competition will be conducted based on the following thresholds (for exceptions to competition please refer to Section 12). Thresholds are based on either individual procurements or aggregate of recurring purchases of up to one year. Additional details can be found in Table 1, Table 2 and Table 3 General Delegation of authority.
An IPA Country Authorization Matrix is to be completed by each country office to delineate threshold level and responsibility type for all country staff involved in procurement.
Threshold levels should be converted from USD into local currency used for procurement twice annually (1 January and 1 July of each year) or in response to a large change (e.g. 25%) in the exchange rate, by the IPA Country Finance Manager, based on the available bank rate on those dates, to account for foreign exchange currency rate fluctuations.
- For procurements $500 and above, but below $10,000 (or local currency equivalent), competition is required in accordance with Table 2. A formal solicitation must be prepared and a formal evaluation process must be undertaken (see 4)
- Procurements of $10,000 or more require open competition and sealed bids (see 6.5)
- For procurements in excess of $100,000, please contact your Grants Manager for additional information concerning competition requirements, advertisement, bonding and other applicable donor rules governing procurement.
7.5.3 Naming Convention for Documents
Each purchase requisition shall bear a purchase requisition number with the naming convention that includes the Project code, grant code, and project activity code All Purchase Requisition Forms, Request for Quotes or Proposals, and Purchase Orders or Contracts will subscribe to the same naming convention. All documents relating to a particular purchase shall bear the same Purchase requisition number.
Table 2 provides an overview of the process and documentation required for the procurement file and for payment in various procurement situations/conditions.
7.5.4 Additional requirements
- For all computers, printers, monitor, software or other IT related purchase; the Senior Manager of Network Systems in Headquarters should be notified of the procurement to provide technical selection support to confirm whether the intended specifications are adequate for the intended purpose. For procurement of IT equipment worth $5,000 or more, the Senior Manager of Network Systems should receive summaries of bids received before a selection is confirmed.
- Engagement of any legal firm requires advice and consent of the Legal team.
- Purchase of motor vehicles (new and used) and other donor restricted items require the approval of the Chief Finance and Administrative Officer. The approval shall be sought through the Grants Manager for the region/assigned to the purchase.
- All assets (for IPA purchases items purchased with field office funds and with a unit cost of $5,000 or more, this may be lower for other funders please confirm any requirements with grants manager prior to beginning procurement) must be logged in an asset register held by the country program.
- Procurement of any audit service requires advice and consent of the Chief Finance and Administration Officer.
- It is not permissible to split orders so as to avoid the total being in any given threshold range or to avoid competition.
- Payment should only be for those items or services that have been verified as being received and as requested. Partial delivery of orders may be paid proportionately based on those goods or services received, minus any down payment. If the circumstances are such that any payment would not be appropriate because it will impair the objective of the procurement or the services have not been satisfactorily performed, payment may be withheld until such circumstances are Please consult with the Grants Manager when such situations arise. Advance payments or deposits will be negotiated prior to the award and in the best interest of IPA (see 14.3). Payment terms must be properly stated in the award.
- Cost analysis of long term lease buy must be done when both are available. This is particularly applicable to the purchase of equipment or vehicles; however, the purchase of real estate may not be considered without the prior written approval of the CFAO. Long term lease is defined as more than 1 year.
- IPA will solicit bids from S. small businesses, minority and/or women- owned businesses to the maximum extent feasible for HQ procurements or if required by donor.
- Consultant Services shall be treated as procurements and all documentation and competition requirements are applicable.
8. PURCHASE ORDERS, INDEPENDENT CONTRACTOR AGREEMENTS AND ENTITY CONTRACTS
Purchase Orders shall be used for all purchases of goods, supplies, and equipment of
$1,000 (cumulative) or more. Additionally, all purchases of services other than consulting services, less than $20,000 (or Local Currency Equivalent) shall utilize a Purchase Order when the deliverables are fixed and easily defined. Consulting services shall be obtained via an Independent Consulting Agreement as detailed in 8.2 below.
8.1 PURCHASE ORDER
A Purchase Order (see Annex G) is signed by the Authorized Individual as the binding agreement between IPA and the vendor. It is issued by the Procurement Administrator after review, approval, and signature of the Authorized Individual, to the vendor to document the organization’s commitment to procure goods and/or services. It shall be completed by the Procurement Administrator only after a careful review and approval of the Purchase Requisition and a supplier has been selected.
A Purchase Order is a written authorization for a chosen supplier to provide products or deliver services. It sets forth the descriptions, quantities, price, discounts (if applicable), payment terms, delivery schedule, associated terms and conditions, vendor certifications, and if applicable non – performance penalties.
The Chief Finance and Administration Officer or his/her designee is the Authorized Individual for Purchase Orders equal to $100,000 and higher.
8.2 INDEPENDENT CONTRACTOR AGREEMENTS AND ENTITY CONTRACTS
A Contract shall be used in cases where Purchase Orders are not adequate. Such cases include, but are not limited to, Consultant Services, Service Contracts over $20,000 and Service Contracts under $20,000 when deliverables are not easily defined, or when the terms and conditions in a Purchase Order are not adequate for the complexity of the work to be provided. The Finance Department and/ or Grants Department can help the Procurement Administrator determine the correct instrument to use for a specific procurement.
Local, in-country, contracts are to be initiated by the Procurement Administrator. Please use any templates approved by Legal dept. / local counsel. However, due to staffing limitations and technical requirements of the procurement, and in countries without the appropriate staff resources to meet the segregation of duties requirement, Country Director or Regional Director will delegate this to an appropriate IPA staff member. Please request review by the Legal department for all contracts for vehicle rental/hire and contracts with security companies (providing security services and/or guards) and for all other contracts exceeding $10,000. Legal review should be requested for goods or services not typically procured by IPA and contracts with unusual terms.
Independent Contractor Agreements and Entity Contracts (Sub-contracts, Service/Vendor Agreements, Sub-grants, etc.) are subject to the same strict controls and documentation as Purchase Orders (solicitation, source selection or sole source justification etc.), and require proper approval from HQ Legal and/or HQ Grants as well as all those delegated with approval authority. The cost of Consultant/Service contracts will be the fee for services performed by the individual, including reimbursable out of pocket expenses (such as travel and per diem with clearly identified ceilings). Procurements for Consulting and other services to be provided by a U.S. citizen, a person holding a resident alien card, someone working in the US, or for a US Department must be processed by Headquarters.
Subawards/ subcontracts must additionally follow the procedures for due diligence maintained by the grants department. Typically, subcontracts will be subject to flow down of terms and conditions in the original award to IPA please ensure sign off by grants and legal that all requirements are met.
All contracts in excess of US$10,000 involving grant funds require the HQ Grants Manager’s prior review. In addition, all contracts involving grants funds up to $20,000 require Country Director approval; those up to $50,000 require Regional Director approval; those up to $100,000 require Chief Global Program Officer approval; and all grant contracts exceeding $100,000 require the Chief Finance and Administration Officer or Executive Director approval, which will be facilitated through the Grants Manager. The Grants Department will help the Procurement Administrator and or requesting department make sure that the contracts are in compliance with donor requirements. All other contracts require Legal department’s prior review.
9. RECEIVING FUNCTIONS
Upon receipt of the items or services from the supplier/vendor, the following procedures will be performed by the Receiver:
- The specifications are compared with the Purchase Order;
- The quality is inspected to assure that it conforms to the standards and requirements of IPA in addition to those of the Donor;
- A physical count of the goods is made. In cases of services, a written confirmation of the services performed and any other related deliverables that are indicated in the service contract is provided;
- The receiving individual acknowledges the receipt of the goods in writing confirming that they are in good condition and as requested in Order;
- Vendor’s Delivery Receipt is required from the supplier/vendor for payment. Annex H – Goods Received Note may be used or the vendor may supply their version, which must be approved by the Purchase Requisition Approver and provided to the individual responsible for Accounts Payable in the respective country office for payment.
Receipt of goods or services shall be supported by the vendor’s invoices or delivery receipts. Should these documents not be provided by the vendor/organization, Annex H – Goods Received Note must be used. Furthermore, acceptance of procurements or services must be verified by and signed for by an IPA employee that is not the same person as the person making payments (i.e. a separation of the function of signing for the receipt of the goods/service and the function of paying the vendor).
Purchased goods that are durable, non-consumable with an expected life of more than one year are required to be included in the Country Inventory Register (See Annex I for example). Additionally, all vehicles, IT and telecommunications equipment must be included in the Register, regardless of cost. The Country Inventory Register will be updated continuously by the in-country Finance Manager or his/her approved designee and will be included in the monthly close process documents for the country program. For the U.S. it shall be the Controller. A physical inventory of the Country Inventory Register will be conducted at least once a year by a designated staff member who does not hold the physical register.
10. RECOMMENDED VENDORS LIST
The Recommended Vendor List is to enable country offices to have the ability to quickly and continuously refer to vendors who have been previously selected through a rigorous process and who meet the standards required of an IPA supplier. A survey of local vendors shall be conducted and clearly documented from which a list will be developed and managed by the Procurement Administrator with assistance from technical staff, when necessary. The decision to add or remove vendors from the list must be made by the Country Director. This survey must at a minimum be conducted every 3 years and should be organized by a committee appointed by the Country Director to make recommendations, it is not appropriate that reviews of donor suitability are done by one person. As part of due diligence, the survey will collect information that is based entirely upon the capability and resources of the vendors, their ability to perform each particular contract satisfactorily and timeously, and their pricing. It should take into account their (a) experience and past performance on similar contracts; (b) their capability with respect to personnel, equipment and (c) financial position. Being selected as a Recommended Vendor does not make a vendor a sole supplier for blanket purchases of any goods/ services. The Recommended Vendor selection process is a prequalification of vendors who will be selected to supply goods/services to IPA. If you need to purchase a good/ service for something for which you have not received a quotation from a Recommended Vendor, you must go back and request for quotations from all vendors on your vendor list.
10.1 SELECTION PROCESS
The process for selecting recommended vendors is below. A diagrammatic representation of the recommended vendor selection and renewal process can be found in annex K
10.1.1 Needs Assessment
- Conduct a brief review of past activity across projects to determine which supplies or services are procured frequently or on regular basis;
- Conduct a brief market research to determine which category of goods/services would benefit from an agreement with suppliers;
- Assess which supplies/services IPA is going to require more frequently in the near future by reviewing current open grants and planned project activities;
- Determine the estimated value of good/service and whether price can be fixed for a period;
- Determine donor specific regulations on supplier contracting. If there is a specific requirement present, contact the Grants Manager for guidance.
10.1.2 Specifications and statement of work
- Create standard specifications and selection criteria for technical items based on input from knowledgeable person/sources;
- Draft statement of work/purchase request and make sure to provide enough details to communicate needs and ensure quality from supplier;
- Head of Department/ Operations/ or IT must review statement of work for thoroughness and to ensure that it is reasonable and that a vendor can meet the required needs.
10.1.3 Advertising and receipt of bid
- Advertise/solicit bids from vendors (making sure to follow the open tender process in if needed) as determined by thresholds;
- Receive and analyze bids received from vendors making sure to meet all donor requirements;
- Select vendor(s) using selection criteria.
10.1.4 Contracting and ordering
- In most cases the IPA contract template should be used. If a supplier provides a contract or requires changes to the standard contract template, contact legal to discuss the best course of action;
- In cases where there is a need to contract for blanket purchases, the approval of the Country Director and Regional Director is required.
- Attach list of items and prices provided by the supplier;
- Start using purchase orders for specific purchases.
The initial list and any updates must be approved by the Authorized Individual (or his/her designee). The list shall also be reviewed annually by said individual (or his/her designee). Vendors who have not met the organization’s standards will be removed and new vendors that qualify will be added. A copy of the updated list must be made available to all staff requesting purchases.
10.1.5 Continuous monitoring and evaluation
Track the supplier performance through continuous monitoring of:
- Quality of goods/services
- Delivery lead time
- Quality of packing/packaging
- Billing accuracy
- Adherence to IPA ethics
- Transparent and proactive communications
10.2 REQUIRED DOCUMENTATION
Every recommended vendor file should contain;
- Supplier Information as detailed in the RFP/RFQ template
- Business Registration and Tax ID Documents
- Supplier’s Proposal
- Signed RFP Documents/proposals from all bidders
- Signed Selection Committee decision
- Market assessment findings (if any)
- Signed Contract
- Senior Management Approval if renewed, all renewal-related documents need to be kept on file as well.
Dependent on donor and/or legal requirements, the vendor may be required to also submit the following information to support their qualifications and capacity to implement the proposed activities:
- Bio-Data Form to support fee requirements, if applicable
- Federal tax forms such as the W-9 or W-8
- Pre-award questionnaire if required by primary donor
- For corporate entities or companies, annual financial statements or copies of their A-133 audit may be required
- Required information for Restricted and Excluded Party and Export Control screening
10.3 HOW TO DETERMINE THE VALUE OF THE CONTRACT
- Historical data: Refer to the in-country historical procurement data for an estimation of how much you have paid for the particular goods or services throughout past years.
- Approved budgets and grants: Review current open grants and determine the value of the funds allocated for the same goods or services across the budgets.
- Proposals in the pipeline: Take into consideration all proposals in the pipeline and budgets expected to be approved within the period of the recommended vendor contract.
- Determine the Approval Authority: If the country program determines the contract value through historical data and forecasting, then the contract should be signed based on the Authorization Matrix for contractual commitments
10.4 CHANGING THE RECOMMENDED VENDOR PRICES OR LIST OF ITEMS
Each recommended vendor contract must include and refer to an annex that includes the contracted items, their specifications, and their prices fixed for a specific period of time. When prices cannot be fixed for the entire length of the contract, the pricing annex must include a clause specifying the frequency and the process for the price review. Any changes in the fixed and agreed upon prices must be in writing and signed by the supplier and IPA. The same person who signed the contract for IPA should sign the amendments. Newly added items must be from the same category of goods or services contracted in the original contract. This addition cannot exceed 20% of the total number of the initially agreed upon number of items and should determine that the prices are reasonable and competitive. This determination can be made by researching other prices in the market or by comparing them to the prices of similar goods already contracted for under the recommended vendor contract.
10.5 CONTRACT RENEWAL PROCESS
Where available, have contract reviewed by local legal counsel and HQ legal as determined by thresholds and legal review policy. If the contract has a forecasted value to be spent over the term of the contract, IPA signs according to Authorization matrix for contractual commitments.
11. THE PROCUREMENT ADMINISTRATOR
The staff member who is tasked with contacting vendors and collecting quotes and bids is acting as a Procurement Administrator. The Procurement Administrator plays a critical role in the procurement process and ensuring that there is a rolling stock of routine office equipment/supplies. If he/she does the job well, this satisfies two of the most important procurement requirements:
- carrying out a competitive and open procurement process, and
- maximizing value for money
Procurement duties must always be segregated from payment and financial duties. The Country Director will be responsible for identifying a specific person for procurement responsibilities. The responsibilities assigned to the person identified as the Procurement Administrator should be clearly indicated in their job description. Generally, for country offices, the Procurement Administrator will be an appropriate administrative, operational, or logistical staff member that may or may not have other complementary duties that do not compromise the necessary segregation of duties. For regional programs, headquarter purchases, or Programs that do not have sufficient number of staff to appropriately segregate duties, the Procurement Administrator will be appointed by the Country Director or Regional Director or Department Head and the Chief Finance and Administration Officer.
The procurement administrator will administer the list of approved vendors but does not determine any changes to the list.
12. EXCEPTIONS TO FULL AND OPEN COMPETITION
It is recognized that meeting competition requirements may not always be possible under exceptional circumstances. When properly documented and approved, sole source procurements may be made in the following instances:
- Unique qualifications and no other similar supplies or services will satisfy the requirements set forth in the specifications or scope of work;
- It is determined through market research that only one source is available;
- Urgency – the procurement will achieve a critical objective and there is a limited amount of time due to donor imposed or other factors outside of IPA’s control;
- Follow-on Procurements on the same project for the same purpose within 1 year of bidding – justified by (must provide previous bid analysis with Sole- Source (Selection) Memo:
- Cost-efficiency (e.g. learning curve)
- Intellectual property issues
- Donor approval or direction to use a specific source (must be in writing);
- Other exceptions may be permitted if written justification is provided to the Chief Finance and Administration Officer.
Waivers to competition must be approved by Country Director with Regional Director review for waivers in excess of $10,000. Any waivers to competition for contracts at or exceeding the $20,000 threshold will require approval from the Chief Finance and Administration Officer through the Grants Manager.
Each justification for other than full and open competition shall contain sufficient facts and rationale to justify the action. At a minimum, each justification shall include the following information:
- The nature and/or description of the action being requested;
- A demonstration of the proposed contractor’s unique qualifications or public exigency which support the nature of the acquisition, including all actions to date to establish the uniqueness or public exigency;
- A description of the supplies or services required to meet IPA’s needs (including the estimated value);
- A determination that the anticipated cost to IPA is fair and reasonable based on market surveys or prior experience;
- A description of the market research that was conducted and the results of said research. Should market research not have been done, a statement containing the reasons it was not possible to perform; and
- Listing of the sources, if any, which expressed in writing an interest in the procurement and reason they were deemed inadequate.
The individual requesting the exception has to provide the aforementioned information and certify that it is true and accurate to the best of their knowledge. Each justification will include appropriate technical reviews and approvals. Waiver/Sole Source Justification Form can be found in Annex F.
13. SUBRECIPIENT PROCUREMENT AND SUBRECIPIENT AWARDING OF CONTRACTS
Subrecipient/Subcontractors that have procurements as part of their scope of work shall follow these policies and procedures if they don’t have written procurement policies and procedures attached to the grant as reviewed by the Grants Team.
To allow this policy to be properly implemented, there are certain controls that are required.
14.1 MINIMUM REQUIREMENT
The Procurement system in place will ensure that:
- All procurement is supported by a pre-approved Purchase Requisition Form;
- Quotations or competitive bids are secured for procurements amounting to US$500 or more. Quotes will have the exact vendor’s name, physical address, phone number, email address and other information required in Annex D;
- Purchase Orders and or Contracts are issued for purchases over $1000 and must be signed by both parties;
- Receipt of goods or services is properly documented;
- All payment vouchers related to procurement are adequately supported and approved before payments are released;
- The Country Inventory Register is updated when required; and
- All required procurement documentation is maintained in a central location for easy access when requested by IPA staff and/or external auditors.
14.2 SEGREGATION OF DUTIES
The following functions will be performed by separate individuals:
- Review and approval of the Purchase Requisition Form.
- Approval and signature of the Purchase Order (binding IPA in the purchase).
- Receiving of goods and services purchased.
- Payment to vendors.
Signing the purchase order and receipt of goods and services shall always be segregated functions. In the event that a country office is not able to properly segregate these duties, due to lack of staff resources, the Country Director, Regional Director or Department Head and the Chief Finance and Administration Officer will identify someone appropriate to perform some of these functions in order to maintain the checks and balances of the procurement process.
14.3 DOCUMENTATION REQUIRED FOR PAYMENT
The Procurement Administrator is responsible for maintaining the procurement files, hard copies of which should be kept for a minimum of three years (different donors may specify different timeframe/ requirements). This includes the necessary documentation for payment.
- Before any payment is made, the following documentation must be in the procurement file:
- Approved Purchase Requisition;
- Summary of vendors’ quotes or Bid Analysis Form, including vendor selection statement and approval;
- When competitive bids required, documented bid process;
- Verifiable quotations;
- Fully executed Purchase Order / Contract;
- Proof of Delivery and Inspection, where required;
- The Procurement Administrator will endeavor to negotiate a credit term or at least a ‘Payment Upon Delivery’ arrangement with the vendor. If a deposit payment is required for the Purchase Order, this will be properly indicated in the award after negotiating the most favorable terms possible. Deposits should be no more than 25% of the total value of the Purchase Order. If the supplier/vendor requires more than 25%, Authorized Individual approval is required.
- Check payments or electronic transfers to vendor accounts will be made only after proper review and approval of Payment Payments to suppliers of goods and services will be based on original or scanned copies of all supporting documents listed in 14.3(1) above. These will be verified by the Finance Manager or his/her designee before payment is issued.
- Checks and transfers shall be in the name of the actual payee/vendor or the vendor company name which has been utilized during the entire procurement process and is reflected on the Purchase Order or Contract. Any payment in a different name requires Authorized Individual approval and supporting documentation justifying the exception.
- Partial deliveries or items not accepted will be indicated on the Purchase Order, Delivery Receipt and/or Receiving No payment will be made for undelivered or returned items. No payment will be made to Consultants without confirmation that deliverables have been received and approved.
15. DONOR SPECIFIC RULES AND REGULATION ON PROCUREMENT
Each donor will have its own specific rules and regulations governing procurement, and all procurements must follow donor required rules, in addition to the requirements set forth in this manual. In the event of an inconsistency or conflict between the donor requirements and IPA’s requirements, please contact the Grants Director to determine which should apply. Procurement Administrators should be well-versed in these rules for their active grants and contracts and should seek clarification, if necessary, from the IPA Grants Department.
For all USAID funded activities, the purchase or long-term lease of the following goods are considered restricted commodities and Grants Manager assistance must be sought prior to commencing the procurement process no matter the value of the good(s):
- Agriculture commodities
- Motor vehicles
- Used equipment
- S. Government-owned excess property, or
TABLE 1 – PROCUREMENT PROCESS FLOW CHART
TABLE 2 – PROCUREMENT QUICK REFERENCE GUIDE
TABLE 3 – DELEGATION OF AUTHORITY
ANNEX A – PURCHASE REQUISITION FORM
ANNEX B – RFQ TEMPLATE
ANNEX C – RFP TEMPLATE
ANNEX D – PHONE/IN-PERSON QUOTE FORM
ANNEX E – BID ANALYSIS FORM
ANNEX F – WAIVER/SOLE SOURCE JUSTIFICATION FORM
ANNEX G – PURCHASE ORDER
ANNEX H – GOODS RECEIVED NOTE
ANNEX I – COUNTRY INVENTORY REGISTER
ANNEX J – BIO-DATA FORM
ANNEX K- RECOMMENDED VENDOR SELECTION PROCESS
ANNEX L- RECOMMENDED VENDOR RENEWAL PROCESS
Table 1 Procurement Process Flow Chart
Table 2 Procurement Quick Reference Guide
The table gives general guidance please check donor specific requirements with grants manager. If more restrictive than IPA the donor specific requirements will apply otherwise apply IPA rules.
In all cases IPA must document
- Reason for procurement
- The procurement method
- The selection of contract type
- Basis for price
- Basis for supplier selection or rejection
Payments must be made against invoice/ contract terms with proof of receipt or confirmation that the service was satisfactorily performed.
|Procurement size||Requisition required||Competitive Quotes required||Evaluation by||Approved by||Notes|
|<US$500||Y||N||Procurement Administrator||Authorized Individual||Preferred suppliers should
|US$500- US9,999||Y||Y||At least 3 evaluators||Authorized Individual||Quotes to Procurement e- mail|
|Y||Y||Tender Committee||Authorized individual||Consult grants manager|
IPA has a delegation of authority matrix which is updated from time to time. All approvals should be in accordance with the DOA prevailing at the time of the procurement. The current matrix is in Table 3
These are general limits – individual limits may be set by person/ role. Further delegations may be proposed by an approver for their subordinates but all onward delegations must be approved by the proposer’s manager.
Annex A – Purchase Requisition Form
*Purchase Requisition Form
PART I PR#
*Requesting Staff and Dept /Project:
*Purpose of Request:
*Required Delivery Date:
|*Item (provide attachment if necessary)||*Description/Specific ations/Technical requirements||
*Quantity in Units
|Budgeted Unit Price||
*Total Budgeted Amount
*Requested staff and department/project:
*Approved by: *Date:
*Please charge to:
|*Project Code||*Department Code (if applicable)||
|*Budget Line Item||*Amount or Percentage (if split)|
Note: Payment terms should be negotiated with the vendor and included in the quotation. Evaluators/ Procurement committee members should take the terms of payment into account when selecting a vendor.
PART II – Should be filled after vendor has been selected.
|*Recommended Vendors||Contact Info|
*Copy 1: Admin/Procurement
*Copy 2: Finance
Annex B- Request for Quotation (RFQ)
*Subject: Request for Quotations
IPA – New Haven CT, invites your firm to participate in this competitive solicitation for pricing, delivery and terms of potential sale on the following products/service for IPA office in country.
IPA is an independent, non-governmental organization providing professional support to
IPA-country plans to … (country/project info)
General info regarding this RFQ, include period of time quotes must be valid, …
Total price must include all taxes and fees, in(currency), and should be expressed in a per unit basis, based on the needs listed in Chart 1 below.
Chart 1: Description of Required Products/Services
|No||Description of Products/Services||Unit||Unit Cost (USD)||Total Cost (USD)|
CRITERIA FOR SELECTION
The evaluation of each response to this RFQ will be based on vendor demonstrated competence, compliance, format, and organization. The purpose of this RFQ is to identify product/service providers that have the interest, capability, and financial strength to supply IPA with the product/service requested.
Selection will be based on price, quality of product/service, and vendor experience. All quotes will be evaluated and scored based on the following criteria:
Price – 20%
Delivery Time – 30%
Product Quality – 30%
Vendor Experience – 20%
TERMS AND CONDITIONS
- The Request for Quotes is not and shall not be considered an offer by IPA.
- All responses must be received on or before the date and time indicated on the RFQ. All late responses will be rejected.
- All unresponsive quotes will be rejected.
- All quotes will be considered binding Prices quoted must be valid for entire period provided by respondent.
- All procurement will be subject to IPA contractual terms and conditions and contingent on the availability of donor funding.
- IPA reserves the right to accept or reject any quotation or cancel the procurement process at any time, without assigning any reason, and shall have no liability to any vendors submitting quotations for such rejection or cancellation of the procurement.
- IPA reserves the right to accept all or part of the quotation when awarding the purchase order/contract.
- All information provided by IPA in this RFQ is offered in good Individual items are subject to change at any time and all bidders will be provided with notification of any changes. IPA is not responsible or liable for any use of the information submitted by bidders or for any claims asserted therefrom.
- IPA reserves the right to require any bidder to enter into a non-disclosure agreement.
- The bidders are solely obligated to pay for all costs, of any kind whatsoever, which may be incurred by bidder or any third parties, in connection with the Response. All Responses and supporting documentation shall become the property of IPA, subject to claims of confidentiality in respect of the Response and supporting documentation, which have been clearly marked confidential by the bidder.
FORM/CONTENT OF RESPONSE
All quotations shall:
- Be in the English language.
- Contain detailed cost in US Dollars, with applicable Tax/Charges clearly identified, and provided against each of the categories of services described in Chart 1.
- Provide requested payment terms and conditions.
- Describe the qualifications, experience and capabilities of the firm in providing the type of services being request by this RFQ.
- Provide at least 3 references for similar procurements with a description of the work done and the dates performed.
- Include a contact name, email address, and telephone number to facilitate communication between IPA and the vendor.
- A brief outline of the company and services offered, including:
- Full legal name, jurisdiction of incorporation, and address of the company
- Full legal name and country of citizenry of company’s Executive Director and / or all other officers and senior managers of the company
- Year business was established
SCHEDULE OF EVENTS
- Questions regarding this request may be addressed to EMAIL ADDRESS, and must be received no later than DATE. Responses to questions will be distributed to all interested parties no later than DATE.
- Responses to the RFQ should be addressed to the attention of EMAIL ADDRESS no later than DATE:
End of RFQ
Annex C – Request for Proposal
*Request for Proposal (RFP)
*Subject: Request for Proposal
*IPA – New Haven CT, invites your firm to participate in this competitive solicitation for pricing, delivery and terms of potential sale on the following service for IPA office in country.
IPA is an independent, non-governmental organization providing professional support to ….
IPA-country plans to … (country/project info)
*GENERAL REQUIREMENTS & SCOPE OF WORK
General info regarding this RFP, intended purpose and SOW, include period of time which proposals must remain valid.
*PERIOD OF PERFORMANCE
The period of performance of any contract resulting from this solicitation is anticipated to begin on or about (date, if know end date put “and last through date”). Proposals shall detail the estimated length of time required to accomplish all requirements, with detail on individual activity implementation dates, as referenced in the Scope of Work.
*CRITERIA FOR SELECTION
The evaluation of each response to this RFP will be based on the requirements set out in the solicitation and any addenda thereto. At the sole discretion of IPA, the top proposals may be selected for follow-up questions or to provide an oral presentation.
The following weighting and points will be assigned to the proposal for evaluation purposes:
NOTE: Scoring may be done in a variety of ways, but the RFP language must clearly and consistently state which approach is being used.
|*Technical Proposal – %
*Project Approach/Methodology points (maximum)
*Quality of Work Plan points (maximum)
*Project Schedule points (maximum)
*Project Deliverables points (maximum) TOTAL POINTS*
|*Management Proposal – %
*Project Team Structure and Internal Controls points (maximum)
*Staff Qualifications/Experience points (maximum)
*Experience of the Firm points (maximum) TOTAL POINTS*
|*Cost Proposal – %
TOTAL POINTS *
*IPA reserves the right to award the contract to the organization whose proposal is deemed to be in the best interest of IPA and the Donor.
*The Organization with the winning proposal will be notified in writing. Those who were not selected may or may not be notified, at the sole discretion of IPA.
*TERMS AND CONDITIONS
- The Request for Proposal is not and shall not be considered an offer by IPA.
- All responses must be received on or before the date and time indicated on the RFP. All late responses will be rejected.
- All unresponsive responses will be rejected.
- All proposals will be considered binding offers. Prices proposed must be valid for entire period provided by respondent.
- All awards will be subject to IPA contractual terms and conditions and contingent on the availability of donor funding.
- IPA reserves the right to accept or reject any proposal or cancel the solicitation process at any time, and shall have no liability to the proposing organizations submitting proposals for such rejection or cancellation of the request for proposals.
- IPA reserves the right to accept all or part of the proposal when award is provided.
- All information provided by IPA in this RFP is offered in good Individual items are subject to change at any time, and all bidders will be provided with notification of any changes. IPA is not responsible or liable for any use of the information submitted by bidders or for any claims asserted therefrom.
- IPA reserves the right to require any bidder to enter into a non-disclosure agreement.
- The bidders are solely obligated to pay for any costs, of any kind whatsoever, which may be incurred by bidder or any third parties, in connection with the Response. All responses and supporting documentation shall become the property of IPA, subject to claims of confidentiality in respect of the response and supporting documentation, which have been clearly marked confidential by the bidder.
*FORM/CONTENT OF RESPONSE
All proposals shall:
- Be in the English
- Contain detailed cost in US Dollar, with applicable Tax/Charges clearly
- Provide requested payment terms and
- Describe the qualifications, experience and capabilities of the firm in providing the type of services being request by this RFP. Resumes or CVs of “key personnel” shall be submitted as an attachment.
- Include a contact name, email address, and telephone number to facilitate communication between IPA and the submitting
- A brief outline of the organization and services offered, including:
- Full legal name, jurisdiction of incorporation and address of the company
- Full legal name and country of citizenry of company’s Executive Director, and all other officers and senior managers of the company
- Year business was established
*SCHEDULE OF EVENTS
- Questions regarding this request may be addressed to EMAIL ADDRESS, and must be received no later than DATE. Responses to questions will be distributed to all interested parties no later than DATE.
- Responses to the RFQ should be addressed to the attention of EMAIL ADDRESS no later than DATE:
End of RFP
Annex D – Phone/In-person Quote Form
|*Description of Request (Items/Services Required)|
|*Organization Name||*Contact Name & Title|
|*Contact Phone #||*Contact email|
|*Item||*Qty||*Unit Price||*Total Price|
*Name & Title of IPA Representative * Signature of IPA Bid Recipient
*Date of Quote* Signature of IPA Bid Recipient
Annex E – Bid Analysis Form
*IPA Country Office/Location:
*Bid Analysis For (items and RFQ/P#):
*Purchase Requisition Reference:
|*Attach All Quotes and Correspondence* Contact Person
*Telephone Number Pro-forma Invoice/Quotation Reference
|*Vendor #1||*Vendor #2||*Vendor #3||*Vendor #4|
|*Description of Articles or Services||*Qty||*Unit Price||*Total Price||*Unit Price||*Total Price||*Unit Price||*Total Price||*Unit Price||*Total Price|
|*Additional Grading Criteria||*% weight||*Score||*Score w/ weight||*Score||*Score w/ weight||*Score||*Score w/ weight||*Score||*Score w/ weight|
|*Grade Criteria 1|
|*Grade Criteria 2|
|*Grade Criteria 3|
|*Grade Criteria 4|
|*Total Weighted Score|
|*BID/QUOTES EVALUATION (Indicate vendor selected and justification):|
|*In order to be in compliance with the Executive Order13224, September 23, 2001, the consultant, subcontractor, subgrantee, its executive director, and Board President/Chairman were cross checked against the following lists (Attach copy of search results.):
*Search Conducted By:
*Print Name & Title *Signature *Date
Note: *Fill in entire form and attach when submitting Purchase Order for approval of signatories. *Grade Criteria is established in RFQ/RFP. *Score for Grading Criteria should be on a 10 point scale (1-10)
Annex F – Sole Source Justification Form
*Requestor (Name & Title):
*Name of Project and Donor:
*Grant Code & Project Code :
*Description of Procurement :
*1) Have sources of the procurement been sought? YES / NO If YES, how many and who?
If YES, what was the method of seeking sources (e.g. market research, recommended vendors, etc.)
If NO, why not?
*2) Was there interest in the procurement? YES / NO
*If YES, list the sources, if any, which expressed interest in the procurement and reason they were deemed unsuitable.
*If NO, did they give reason (explain)?
*4) Was a formal solicitation developed and distributed? YES /NO (If Yes, attach)
*5) What is the name of the organization that has been selected?
*6) How were they found?
*7) Do they have a current relationship with IPA?
If yes, what is the relationship and when did it start?
*8) What makes the selected organization uniquely qualified to provide the requested products/services?
*9) What else requires this award to be sole sourced?
*10) What is the value of the procurement in $USD?
*Name and Title of people involved in this decision:
*I, (print name), certify that the information provided above is true and accurate.
*For waivers to competition on procurements less than $10,000
*Country Director: Date:
*Regional Programs Director: Date:
For waivers to competition on procurement greater than $10,000
*Chief Finance and Administration Officer: * Date:
Annex G – Purchase Order Agreement
Fixed Price Award for Standard Goods/Supplies and Services
|*Effective Date:||*PO Number:|
|*Delivery Date:||*Grant Code:|
|*Payment Terms:||*Country Code:|
|*IPA Agreement Representative:||*Project Code:|
*Payment in Local Currency [ ]
*Payment in US Dollars [ ]
|*Description & Price of Goods/Supplies/Services|
|*Item No.||*Item/Service||*QTY||*UNIT||*Unit Price||*Total Price|
|*TAX and/or VAT (%)||00|
*Agreement of the Parties
Vendor agrees to provide the goods/supplies/services as set forth above and on any continuation sheet (s) attached hereto for the total fixed price specified above in accordance with the terms and conditions set forth herein and in the applicable provisions of the donor agreement under which this order is assigned, Both Parties understand and agree that the total fixed price shall cover all expenses related to providing the required goods/supplies/services, including but not limited to transportation, travel, materials, insurance, social benefits, uniforms, shipping/delivery performance as well as other costs consistent with doing business such as housing, rent, registration, licensing, freight costs, customs duties, communications, etc. Taxes (including VAT) must be recorded separately.
*Signature of Vendor Authorized Representative
*Print Name / Title / Date
*Signature of IPA Authorized Representative
*Print Name / Title / Date
*Standard Terms and Conditions
*By, accepting/performing this Agreement, Vendor certifies that Vendor: (1) will not engage, directly or indirectly, in any business or professional activities which would conflict with the work assigned hereunder, (ii) will comply with any applicable guidelines of donor _______ and shall at all times exercise such fiscal responsibility to the best interest of the IPA program and donor ; and (iii) will comply with all applicable international, state, regional and local laws and regulations; (iv) are not unless otherwise specified in the Request for Quotation affiliated with any Government office or agency, and (v) have not offered , provided or promised and will not offer, provide or promise any gift, payment or anything of value to any official employee or representative of IPA, Government or Donor entity in connection with this Purchase Order.
This Agreement is comprised of this Purchase Order Agreement, the quote provided by Vendor (attached hereto as Attachment 1) and IPA’ donor applicable provisions (attached hereto as Attachment 2). In the event of a conflict between these three documents, the order in which they shall control shall be in the following order: 1) IPA’ donor applicable provisions, 2) this Purchase Order Agreement, and 3) the Vendor’s quote.
Vendor warrants that Vendor and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for the award of Agreements by any government or donor. Vendor additionally warrants that it has not and will not associate(d) with or directly or indirectly fund terrorism directly or indirectly through affiliations.
*1. Payment and Invoicing
Invoices are required for all payments. Vendor shall submit all invoices to the “IPA Contact” listed above and shall include the following information on all of its invoices: (1) Vendor’s name and complete address; (2) date of invoice; (3) PO number; (4) time period covered by the invoice (if applicable); (5) itemized breakdown of costs, both cumulative and for the billing period, showing the type of cost, number of units, unit cost, and total cost for each item billed for the period, and (6) total of payments received to date. Vendor’s invoices shall state applicable Taxes owed by IPA, if any. Vendor shall remit such tax payments to appropriate jurisdiction. If, however, applicable law requires IPA to withhold and pay taxes on Vendor’s behalf, IPA shall deduct such taxes from the payments made to Vendor and pay the taxes directly to the applicable tax/revenue authorities.
Vendor may invoice as items ordered are delivered, for the quantity and at the line item unit price(s).
Unless otherwise provided, IPA shall pay the amounts properly invoiced and undisputed within thirty (30) calendar days after complete and satisfactory delivery of all Supplies/Goods/ Services, with completion and satisfaction being determined exclusively by IPA in its discretion. Any amount withheld or disallowed by the Client as a result of Vendor’s invoice, supporting documentation, product or acquisition procedure will be withheld, and if ultimately disallowed by the Client, the amount due and owing to the Vendor will be decreased by the amount disallowed by the Client. In the event the Client or any other cognizant agency (i) disallows any cost for which IPA has reimbursed Vendor hereunder or (ii) reduces the cost payable to IPA under its Prime Award as a result of (a) any defective goods/supplies, unsatisfactory performance of services, or cost/ pricing data submitted by Vendor or (b) Vendor’s failure to comply with any law or regulation applicable to the delivery of service or goods/supplies shall promptly pay to IPA the amount of such disallowance or reductions or, at IPA option, withheld from any other sums due and payable to Vendor. Final payment for all Supplies and Services provided under this Agreement shall be made upon determination by the designated IPA Approval Authority that all requirements and conditions of this Agreement have been satisfactorily completed.
This agreement may be terminated immediately by written notice from IPA Agreement Representative, or designee, for any reason. IPA may direct that all work stop immediately with no further costs incurred. In the event that Vendor is not in breach of any of its obligations under this agreement, work satisfactorily performed/delivered and accepted prior to the termination date will be paid at the agreed unit price(s).
*3. Anti Bribery
No party shall, directly or indirectly, (a) take any action in furtherance of an unlawful offer, promise, or payment to a public official, political party, candidate for public office, employee, or any person or company for the purpose of improperly obtaining, retaining, or directing business to any party to this agreement, or to otherwise obtain an improper advantage for any party to this agreement, (b) take any action that would cause any party to this agreement to be in violation of any applicable anticorruption and anti-bribery law, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act. Failure to comply with this Section in all respects shall be a material breach and shall permit the non- offending parties to immediately terminate this Agreement without penalty.
*4. Dispute Resolution
The parties shall use their best efforts to settle amicably all differences and disputes arising out of or in connection with this Agreement or the interpretation thereof. Disputes or misunderstandings shall be submitted in writing to the IPA Agreement Representative and IPA Country Director for review and IPA will issue a written decision with reasons. IPA’s decision shall be final and conclusive on the matter.
*5. Inspection, Acceptance, Guarantee, and Standard Warranty
Payment for all required goods, supplies and services provided hereunder shall be subject to final inspection and acceptance by the designated IPA Approval Authority. Vendor accepts responsibility up to 12 months after delivery for prompt replacement at no additional charge of any items found to contain latent defects not readily identifiable in routine inspection.
All items, equipment, services, data, reports, publications and deliverables purchased hereunder shall be warranted by Vendor for a minimum of one year from the date of delivery and final acceptance, or such longer time period as may be more specifically set forth in this agreement. Vendor agrees to provide all standard manufacturers’ warranties to IPA. Notwithstanding any manufacturers’ standard commercial warranties that may or may not be in effect at the time service is required, the Vendor expressly agrees to immediately correct any defects at their own expense.
*6. Books and Records
The Vendor shall keep complete and accurate books of account and records relating to this Purchase Order and providing a basis for the invoice statements to IPA. During the term of this Purchase Order (including renewals and extensions, if any), and for seven (7) years thereafter, IPA or its agents, the donor, the Inspector General of the United States, or any of their duly authorized representatives, during normal working hours, shall have full and free access to inspect, audit and make extracts from such books and records, provided that IPA shall provide the Vendor with at least five (5) business days’ notice. This provision shall survive the termination of the Agreement for a period of seven (7) years.
The Vendor is and will remain in compliance with all federal, state and local laws, rules and regulations (“Regulations”) applicable to and binding upon it and relating to its performance of this Purchase Order, including without limitation, those of United States and foreign jurisdictions, charitable solicitations (if applicable), and such other Regulations that are or may become applicable to this Purchase Order. If necessary or advisable, the Vendor shall cooperate with and assist IPA, at IPA’s expense, in complying with all laws and regulations pertaining to this Purchase Order that are applicable to IPA.
*8. Indemnification and Third-Party Liability
Vendor shall hold harmless and indemnify IPA, its directors, officers, employees, agents, representatives, and their respective heirs, legal representatives, successors and assigns, from and against any and all loss, damage, claims, causes of action, liabilities and lawsuits suits whatsoever including all costs, expenses, and attorney’s fees arising out of, or in any way related to Vendor’s (and Vendor’s employees and independent Contractors) obligations or performance under this Purchase Order Agreement. Vendor agrees to give IPA immediate notice of any claim, action or lawsuit in any way connected with this Purchase Order. This provision shall survive the termination of this Purchase Order for a period of six (6) years.
*9. Ownership of Work.
The Vendor represents and warrants that all work created pursuant to this Agreement not supplied by IPA shall be original work and that no third party will hold any rights in or to such work. The Vendor shall obtain for IPA any and all rights to third-party work used hereunder. The Vendor agrees that IPA shall, solely and exclusively, own all rights in and to any work created by the Vendor in connection with this Agreement, including all data, documents, information, copyrights, patents, trademarks, trade secrets or other proprietary rights in and to the work. By entering into this Agreement, the Vendor hereby expressly transfers all such rights described above to IPA. Any work created by the Vendor hereunder shall be a work for hire as defined in federal patent and trademark law. Notwithstanding anything to the contrary contained within this paragraph, any information, documents, etc., which are in the possession of Vendor prior to entering into this Agreement, are exclusively owned by Vendor. This provision shall survive the termination of the Agreement for a period of three (3) years.
- Vendor and IPA agree that verbal or documentary information shared by IPA with Vendor and/or its agents (including other organizations, entities or individuals working with the Vendor on this Agreement) creates a relationship of trust and confidence between the parties. Vendor agrees that it will not use or disclose, or allow anyone else to use or disclose, any Confidential Information relating to the activities, products or business affairs of IPA, or any information created, discovered, or developed by or for IPA, or acquired by IPA, that has commercial value in IPA’ present or future business, except as may be necessary in the pursuit and performance of work related to this Agreement and pursuant to prior written authorization from appropriate officials of IPA. By way of illustration, but not limitation, Confidential Information includes processes, formulas, data, know-how, business plans, financial information, inventions, improvements, techniques, marketing plans, product plans, strategies, forecasts, donor or professional lists, fundraising tools, cost and pricing data, proposal strategies, personnel proposed and any other information the Vendor should have reason to know IPA would like to treat as confidential for any Vendor agrees to keep Confidential Information secret whether or not any document containing such information is marked confidential or a discussion is so specifically designated. Vendor agrees that any of its employees, subcontractors or other entities with which they share such information or knowledge must also agree to be bound by this Confidentiality Agreement. Vendor agrees that it will use reasonable efforts to protect the Confidential Information of IPA. Disclosure of such information shall be restricted to those individuals who are participating in the efforts identified herein.
- Vendor recognizes and agrees that Confidential Information received from IPA shall remain solely IPA’ property and constitute proprietary property and valuable trade secrets of IPA, the parties acknowledge that failure to comply with the terms of this Agreement may cause immediate and irreparable damage, and that monetary damages would not provide an adequate remedy for such breach. Therefore, both parties agree that, in addition to any other remedies at law or in equity available for breach of this Agreement, IPA may be entitled to specific performance, injunctive relief, or other equitable relief to prevent such damage or further damage regarding its own Confidential Information. Furthermore, the prevailing party in such litigation shall, in addition to any other remedies the prevailing party may obtain, be entitled to recover from the other party its reasonable legal fees and out of pocket costs incurred by such party in enforcing or defending its rights hereunder.
- Upon termination of this Agreement, Vendor shall return to IPA any and all Confidential Information in written or other tangible form that it has received or compiled and that is within its possession or control. In addition, Vendor shall destroy all copies of any analyses, notes, memoranda, diagrams, compilations, studies, or other documents that it has prepared containing or reflecting any Confidential Information.
Provisions 10.1, 10.2 and 10.3 shall survive the termination of this Agreement for a period of three (3) years.
*11. Entire Agreement
This Agreement contains the entire understanding of the parties hereto with respect to the subject matter contained herein. This Agreement supersedes all prior agreements and understandings between the parties with respect to such subject matter and may only be modified or discharged by a written document executed by the parties hereto. No terms hereof may be waived or modified except by written amendment.
Article/Section headings herein are included for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
Annex H – Goods Received Note
*SUPPLIER/VENDOR INVOICE #:
*IPA PURCHASE ORDER #:
|*ITEM NO.||* DESCRIPTION OF GOODS RECEIVED||*QUANTIT Y||*REMARKS|
*GOODS SHOULD NOT BE ACCEPTED UNLESS THERE IS PROOF OF AN ORDER FROM IPA
|*COUNTRY INVENTORY REGISTER: No.|
Annex I – Country Inventory Register
*IPA Country Inventory Register
*Date Last Updated:
& % of OWNERSHIP
|PURCHASE PRICE (USD)||
VOUCHE R/ PO #
ASSET TRANSFER HISTORY
PHYSICAL LOCATIO N
/ Good / Fair / Damaged / Scrap
(Individual responsible for unassigned assets in a location, if no assigned user)
ASSIGNED USER (if
|PHYSICAL INVENTORY VERIFICATION||DISPOSITION REQUIREMENTS||DISPOSITION DATE|
Annex J – Biodata form
OMB Control No. 0412-0520; Expiration Date: 02/28/2014
|CONTRACTOR EMPLOYEE BIOGRAPHICAL DATA SHEET
|1. Name (Last, First, Middle)
|2. Contractor’s Name|
3. Employee’s Address (include ZIP code)
|4. Contract Number||5. Position Under Contract|
|6. Proposed Salary||7. Duration of Assignment|
|8. Telephone Number (include area code)||9. Place of Birth
10. Citizenship (If non-U.S. citizen, give visa status)
|11. Names, Ages, and Relationship of Dependents to Accompany Individual to Country of Assignment|
|12. EDUCATION (include all college or university degrees)||
13. LANGUAGE PROFICIENCY (see Instruction on Page 2)
NAME AND LOCATION OF INSTITUTION
|14. EMPLOYMENT HISTORY|
|1. Give last three (3) years. List salaries separate for each year. Continue on separate sheet of paper if required to list all employment related to duties of proposed assignment.|
|2. Salary definition – basic periodic payment for services rendered. Exclude bonuses, profit-sharing arrangements, commissions, consultant fees, extra or overtime work payments, overseas differential or quarters, cost of living or dependent education allowances.|
EMPLOYER’S NAME AND ADDRESS POINT OF CONTACT &TELEPHONE #
Dates of Employment (M/D/Y)
|15. SPECIFIC CONSULTANT SERVICES (give last three (3) years)|
EMPLOYER’S NAME AND ADDRESS POINT OF CONTACT &TELEPHONE #
Dates of Employment
Days at Rate
Daily Rate In USD
|16. CERTIFICATION: To the best of my knowledge, the above facts as stated are true and correct.|
|Signature of Employee||Date|
|17. CONTRACTOR’S CERTIFICATION (To be signed by responsible representative of Contractor)
|Contractor certifies in submitting this form that it has taken reasonable steps (in accordance with sound business practices) to verify the information contained in this form. Contractor understands that USAID may rely on the accuracy of such information in negotiating and reimbursing personnel under this contract. The making of certifications that are false, fictitious, or fraudulent, or that are based on inadequately verified information, may result in appropriate remedial action by USAID, taking into consideration all of the pertinent facts and circumstances, ranging from refund claims to criminal prosecution.|
|Signature of Contractor’s Representative||Date|
AID 1420-17 (04/2007) Page 1 of 2
Indicate your language proficiency in block 13 using the following numeric Interagency Language Roundtable levels (Foreign Service Institute Levels). Also, the following provides brief descriptions of proficiency levels 2, 3, 4, and 5. “S” indicates speaking ability and “R” indicates reading ability. For more in-depth description of the levels refer to USAID Handbook 28 or superseding policy directive.
2. Limited working proficiency
S Able to satisfy routine special demands and limited work requirements.
R Sufficient comprehension to read simple, authentic written material in a form equivalent to usual printing or typescript on familiar subjects within familiar contexts.
3. General professional proficiency
S Able to speak the language with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations on practical, social, and professional topics.
R Able to read within a normal range of speed and with almost complete comprehension of a variety of authentic prose material on unfamiliar subjects.
4. Advanced professional proficiency
S Able to use the language fluently and accurately on all levels normally pertinent to professional needs. A
R ble to read fluently and accurately all styles and forms of the language pertinent to professional needs.
5. Functional native proficiency
S Speaking proficiency is functionally equivalent to that of a highly articulate well-educated native speaker and reflects the cultural standards of a country where the language is natively spoken.
R Reading proficiency is functionally equivalent to that of the well-educated native reader.
|PAPERWORK REDUCTION ACT INFORMATION
The information requested by this form is necessary for prudent management and administration of public funds under USAID contracts. The information helps USAID estimate overseas logistic support and allowances, the educational information provides an indication of qualifications, the salary information is used as a means of cost monitoring and to help determine reasonableness of proposed salary.
Annex-L Recommended vendor renewal process.