Contractual instrument
The PRC reviews the processes followed that lead to recommendations for awarding the following contractual instruments:
- commercial contracts for the acquisition of goods and services (these could be Agreement for Performance of Works (APW), Letters of Agreement (LoA), and Purchase Orders for Goods (PO), general external services and consultants);
- amendment, modification or renewal of contracts where the value either reaches the monetary threshold or exceeds 20% of the previously approved amount;
- Long Term Agreements (LTAs) (only Global PRC);
- contracts for UCO leases and/or common services equal to or below the financial authority of the regional PRC chair – Regional PRC
- contracts for UCO leases and/or common services above the financial authority of the regional PRC chair - Global PRC; and
- non-commercial contracts (as described in Chapter 17).
Originating office
The Global PRC reviews submissions from submitting units in HQ and liaison offices, as well as submissions coming from countries and regional support teams when the amount of the submission exceeds the delegation of authority granted to the Regional PRC (or when the Regional PRC is not active). The Global PRC also serves as backup on occasions when the Regional PRC cannot convene.
The Regional PRC reviews submissions from all the countries reporting to the respective RST that do not exceed the delegation of authority of the Regional PRC. Regional PRC must not review submissions originating in its office; these must be submitted to the Global PRC.
Amount
The PRC will review proposals for the award of commercial contracts from US$ 100 000 to less than US$ 200 000, or to the limit of the delegation of procurement authority (in the case of Regional PRC).
The PRC also may review proposals under the threshold indicated above if the value is expected to reach the threshold over time due to potential amendments.
In case of previous contracts with the same contractual partner, the threshold to be considered for review must include the cumulative value of all previous contracts since the last review of the PRC. The following must be considered:
- the cumulative value is calculated on a corporate basis (regardless of originating unit or location), and it must be determined according to contracts issued during the previous 24 calendar months;
- even if the procurement action in question is of relatively limited value, it is possible that the cumulative effect will bring it to a different threshold of approval; and
- in case of continuous amendments or continuation of the same work (even with a contract break), the 24-month period is not applicable—all previous amendments must be considered.
In case of a single procurement process leading to multiple contracts, the threshold to be considered for review must include all contracts derived from the process.
Criteria for review
The PRC reviews submissions for compliance with rules, regulations and procedures relevant to the proposed contract type. The PRC does not review proposals for content, although it may seek clarifications on technical aspects (when strictly necessary) to verify that the due financial, administrative and legal processes have been fulfilled.
The criteria for review include (but are not limited to) the following:
- compliance with contractor selection procedure, based on the contracting amount;
- compliance with the Vendor Ineligibility Framework and other applicable agreements among UN entities;
- consistency with Programme Coordinating Board (PCB) decisions, strategies and approaches presented in the UBRAF, including UNAIDS’ roles and responsibilities;
- compliance, where applicable, with donor conditions for funding;
- consistency with the division’s approved work plan and budget;
- consistency of rates and number of units proposed in contracts;
- compliance with intended use of funds; and
- assurance that the interests of UNAIDS are protected.