Amd 01 Atch J.3 Atch A Annex 6_ Interview guide for procuring entities.doc
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- Attached to
- Capacity Building Assessment, Training and Development, and Related Short-Term Support Services Federal contract opportunity
- Solicitation number
- MCC-08-0111-RFP-42
- Issued by
- Millennium Challenge Corporation
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Attachment J.3 Atch A Annex 6 GOM Interview Guide Procuring Entities
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MCC-08-0111-RFP-42, Amendment 01, Attachment J.3, Attachment A, Annex 6
Annex 6: Interview guide – Procuring entities
| Indicators |
| Topics to be covered |
Background
| Interviewees |
| · Name |
· Educational background
· Professional background
· Years of service (in organisation)
· Key tasks and responsibilities
| The Department/SPU |
| · What is the procurement setup of the organisation? |
· Description of the entire procurement cycle from needs identification to contract management etc.
Pillar I – Legislative and Regulatory Framework
Indicator 1:
Public procurement legislative and regulatory framework achieves the agreed standards and complies with applicable obligations
| Sub-indicator 1(a) - Scope of application and coverage of the legislative and regulatory framework |
| · Do you have access to the Act, Regulations and Desk Instructions? |
· Are you aware of how you may acquire a new copy of the documents?
| Sub-indicator 1(b) - Procurement methods |
| · How were the contracts of your organisation divided between different procurement methods (open / restricted / two stages / RFP for services / quotations / single source) in the financial year 2006/2007? |
· Please give reasons.
| Sub-indicator 1(c) - Advertising rules and time limits |
| · How do you advertise tenders? |
· Types of tenders advertised?
· Time limit?
· Types of advertisement?
· Scale of advertisement?
· Do you ever experience obstacles to advertisement of tenders?
· Which information do you usually include in your advertisements?
| Sub-indicator 1(d) - Rules on participation and qualitative selection |
| · Do you ever make use of domestic price preferential? |
· If so, explain.
| Sub-indicator 1(e) - Tender documentation and technical specifications |
| · How are tender documents developed in your organisation? |
· Do you experience any obstacles to the development of technical specifications?
| Sub-indicator 1(f) - Tender evaluation and award criteria |
| · How is evaluation of tenders carried out? |
· To which extent are pass/fail selection criteria used?
· How do you carry out evaluations of requests for proposals for consulting services evaluated?
· Do you ever experience irregularities in the evaluation process?
· If so, what are they typically caused by?
| Sub-indicator 1(g) - Submission, receipt and opening of tenders |
| · Describe the bid submission process. |
· How are bids kept during the evaluation process?
· Describe the tender opening process (when, who, how)
· Are records of proceedings retained?
Indicator 2:
Existence of Implementing Regulations and Documentation
| Sub-indicator 2(a) - Implementing regulation that provides defined processes and procedures not included in higher-level legislation |
| · Do you have access to the Regulations issued by the ODPP? |
· Do you find that the Regulations adequately support your work?
· If no, why not?
| Sub-indicator 2(b) - Model tender documents for goods, works, and services |
| · Does your organisation use the SBDs issued by the ODPP? |
· Do you find the SBDs adequately detailed to support your work?
· If no, why not?
| Sub-indicator 2(c) - Procedures for pre-qualification |
| · To which extent does your organisation apply pre-qualification procedures? |
· For which types of tenders is pre-qualification used?
| Sub-indicator 2d) - Procedures suitable for contracting for services or other requirements in which technical capacity is a key criterion |
| · To which extent does your organisation apply pre-qualification procedures? |
· For which types of tenders is pre-qualification used?
· Is it clear to you when different modalities of selection (exclusively technical capacity OR combined price and quality) should be used?
| Sub-indicator 2(e) - User's guide or manual for contracting entities |
| · Do you have access to the Desk Instructions issued by the ODPP? |
· Do you find the Desk Instructions adequately detailed to support your work?
· If no, why not?
| Sub-indicator 2(f) - General Conditions of Contracts (GCC) for public sector contracts covering goods, works and services consistent with national requirements and, when applicable, international requirements |
| · Do you have access to the General Conditions of Contract issued by the ODPP? |
· Do the GCC adequately support your work?
· If no, why not?
Pillar II – Institutional Framework and Management Capacity
Indicator 3:
The public procurement system is mainstreamed and well integrated into the public sector governance system
| Sub-indicator 3(a) - Procurement planning and data on costing are part of the budget formulation process and contribute to multiyear planning |
| · Has a multiyear plan been prepared for your organisation? |
· If yes, describe.
· If no, give reasons.
· Does a procurement plan exist for your organisation?
· If no, give reasons.
· If yes:
· Describe the procurement plan development process.
· Describe the content of the procurement plan (costs, timeframe, etc.)
· Describe the linkages between the procurement plan and the budget formulation.
| Sub-indicator 3(b) - Budget law and financial procedures support timely procurement, contract execution, and payment |
| · Are budget funds committed or appropriated within a week from the award of the contract? |
· If yes, does it cover the full amount of the contract?
· If no, why not?
· Are invoices processed to ensure timely payment?
· If not, why not?
· Are payments authorised within four weeks following approval of invoices?
· If not, explain why?
| Sub-indicator 3(c) - No initiation of procurement actions without existing budget appropriations |
| · Is certification of availability of funds a precondition of solicitation of tenders? |
· If yes, is there a mechanism in place in your organisation to support certification (e.g. IFMIS)?
· If so, is this working optimally?
| Sub-indicator 3(d) – Systematic completion reports are prepared for certification of budget execution and for reconciliation of delivery within budget programming |
| · Are completion reports prepared for certification of budget execution? |
· If yes, please describe the mechanism.
· If no, why not?
Indicator 4:
The country has a functional normative/regulatory body
Sub-indicator 4(b) - The body has a defined set of responsibilities that include but are not limited to the following:
· providing advice to contracting entities;
· drafting amendments to the legislative and regulatory framework and implementing regulations;
· monitoring public procurement;
· providing procurement information;
· managing statistical databases;
· reporting on procurement to other parts of government;
· developing and supporting implementation of initiatives for improvements of the public procurement system; and
· providing implementing tools and documents to support training and capacity development of implementing staff.
· Are you aware of ODPP’s role as advisory body to your organisation?
· Have you taken advantage of this function?
· If yes, how?
· If no, why not?
· Have ODPP provided training, sensitisation, information etc. to your organisation?
· If yes, please describe the types of activities. What was the outcome of these activities?
· If no, state the reasons.
Indicator 5:
Existence of institutional development capacity
| Sub-indicator 5(d) - Quality control standards are disseminated and used to evaluate staff performance and address capacity development issues |
| · Have the procurement processes of your organisation been monitored? |
· If yes, describe the process.
· If no, why not?
· Does your organisation evaluate procurement staff performance?
· If yes, how is this being done?
· If no, why not?
· Have any of the procurements carried out by your organisation been audited?
· If yes, describe the process.
· If no, why not?
Pillar III – Procurement Operations and Market Practices
Indicator 6:
The country’s procurement operations and practices are efficient
| Sub-indicator 6(a) - The level of procurement competence among government officials within the entity is consistent with their procurement responsibilities |
| · How are new procurement staff recruited in your organisation (describe the recruitment process)? |
· Do job profiles exist for procurement jobs?
· If yes, please describe the different stages of the procurement process (from need to contract).
· How many staff members in your organisation have to undertake procurements on an ad-hoc basis?
· Do these staff members have adequate information about procurement issues?
· Or do they have access to professional staff who can provide this knowledge?
· If no, why not?
| Sub-indicator 6(b) - The procurement training and information programmes for government officials and for private sector participants are consistent with demand |
| · How many procurement staff members in your organisation have received formal training? |
· What kind of training have they undertaken?
· Did the training fulfil the needs of your organisation?
· If no, why not?
· Do you find that the procurement training offered meets the needs of your organisation?
· If no, how should the training supply be improved?
· Have your organisation’s staff members experienced waiting time to get into a course?
· If yes, what was the waiting time?
· If yes, what caused the waiting time?
| Sub-indicator 6(c) - There are established norms for the safekeeping of records and documents related to the transactions and contract management |
| · How are procurement records kept in your organisation? |
· Are they available for public inspection?
· Which documents are included in a typical procurement file?
· How long do you keep records of procurements?
· Have any measures been taken to protect the procurement records kept in your office?
· If yes, explain how.
· If no, why not?
| Sub-indicator 6(d) - There are provisions for delegating authority to others who have the capacity to exercise responsibilities |
| · Has your organisation established a Specialised Procurement Unit (SPU)? |
· If no, why not?
· Who carries out procurements in your organisation?
· Do procurements take place which are not channelled through the SPU/IPC?
· If so, why?
Indicator 7:
Functionality of the public procurement market
| Sub-indicator 7(a) - There are effective mechanisms for partnerships between the public and private sector. |
| · Is your organisation actively involved in dialogue (fora, etc.) with the private sector? |
· If yes, please describe.
· If no, have such fora been considered?
· Does your organisation participate in capacity building initiatives with the private sector, including SMEs?
· If yes, please describe.
· If no, have capacity building been considered?
· Do public-private partnerships exist for your organisation?
· If yes, please describe.
· If no, have partnerships been considered?
Indicator 8:
Existence of contract administration and dispute resolution provisions
| Sub-indicator 8(a) - Procedures are clearly defined for undertaking contract administration responsibilities that include inspection and acceptance procedures, quality control procedures, and methods to review and issue contract amendments in a timely manner. |
| · What are your procedures for acceptance of final products and for issuance of contract amendments? |
· Do you have a mechanism in place for quality control for goods?
· If yes, describe the mechanism (who, what, how)?
· If no, why not?
· Who carries out supervision of civil works?
· Are you able to process final payments promptly?
· If not, why not?
Pillar IV – Integrity and Transparency of the Public Procurement System
Indicator 9:
The country has effective control and audit systems
| Sub-indicator 9(a) - A legal framework, organisation, policy, and procedures for internal and external control and audit of public procurement operations are in place to provide a functioning control framework |
| · Have the procurements of your organisation been subject to external control and audit? |
· If yes, please explain the process.
· If no, do you expect this to happen in the near future?
· Does your organisation carry out internal audits?
· If yes, please describe the process.
· If no, why not?
| Sub-indicator 9(b) - Enforcement and follow-up on findings and recommendations of the control framework provide an environment that fosters compliance |
| · How often are internal and external audits carried out? |
· How many recommendations from external and internal auditors have been received?
· How have these been handled?
· What is the timeframe of responding to recommendations?
| Sub-indicator 9(e) - Auditors are sufficiently informed about procurement requirements and control systems to conduct quality audits that contribute to compliance. |
| · Are auditors sufficiently informed about procurement to produce quality audits? |
· If no, please describe the level of procurement competence among auditors.
Indicator 10:
Efficiency of appeals mechanism
| Sub-indicator 10(a) - Decisions are deliberated on the basis of available information, and the final decision can be reviewed and ruled upon by a body (or authority) with enforcement capacity under the law |
| · Have you ever received a complaint related to a procurement? |
· If yes, what is typically complained about?
· How are complaints typically being handled?
· Are complaints ever being settled verbally?
| Sub-indicator 10(b) - The complaint review system has the capacity to handle complaints efficiently and a means to enforce the remedy imposed |
| · Are you aware of the specified timeframes for review of complaints? |
· Are complaints handled on time?
· Do you find that your organisation has sufficient capacity to handle complaints?
· If no, what are the main deficiencies?
| Sub-indicator 10(d) - Decisions are published and made available to all interested parties and to the public |
| · Are complaint decisions made publicly available? |
· If yes, how is this ensured?
· If no, why not?
Indicator 12:
The country has ethics and anti-corruption measures in place
| Sub-indicator 12(f) - The country should have in place a secure mechanism for reporting fraudulent, corrupt, or unethical behaviour |
| · If corrupt practices or unethical behaviour is detected in the procurement process, how may this be reported? |
· Is the existing reporting mechanism adequate?
· If not, how should it be improved?
Additional indicators
| The procurement process – and particularly the needs identification phase – is free of political interference |
| · Have you ever experienced political interference in a procurement process? |
· If so, at which stage of the procurement process did it happen?
· Please give details.
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