To review and contextualize the BRAC International Procurement Guidelines

Objective:

The objective of this project is to review and contextualize the BRAC International Procurement Guidelines in accordance with the specific operational and regulatory framework of the Philippines Laws.

Scope of Work:

Below is an outline of our requirements and we anticipate the consultant to consult with the BRAC Philippines focal for any revision. The primary audience for this policy are BRAC Philippines employees.

1. Conduct a thorough review of BRAC International’s existing procurement guidelines.
2. Assess current procurement practices within BRAC Philippines, identifying gaps or challenges in alignment with local laws, regulations, and organizational needs.
3. Adapt and contextualize the BRAC International Procurement Guidelines to ensure compliance with relevant Philippine laws and regulations, such as the Government Procurement Reform Act (RA 9184), labor laws, tax regulations, and environmental guidelines.
4. Ensure alignment with current IRR procurement policies and practices, where applicable.
5. Engage with relevant stakeholders, including BRAC Philippines’ finance, procurement, and BRAC International team, to gather input and feedback.
6. Hold consultations with local partners and legal experts, if necessary, to ensure the guidelines are comprehensive and feasible within the Philippine context.
7. Modify procurement templates, and tools to reflect contextual needs, ensuring efficiency, transparency, and accountability in procurement operations.
8. Provide recommendations for improving procurement efficiency while maintaining adherence to BRAC International standards.
9. Draft the revised Procurement Guidelines and associated procedures tailored to BRAC Philippines.
10. Submit the contextualized procurement manual, ensuring it reflects best practices for local procurement, risk management, and ethical sourcing

Deliverables:

The consultant selected to review the policy will be responsible for delivering the following:

Output 1: Draft Contextualized Procurement Guidelines -An initial draft of the revised procurement guidelines, adapted to the Philippine contexts, ensuring compliance with local regulations and alignment with BRAC International standards.

Output 2: A finalized version of the contextualized procurement guidelines, including updated templates, and tools ready for implementation. With clear explanations of any adjustments made and their relevance to the local context.

Timeline:

The project is expected to start from November 1 and is expected to last for 2 months.

Qualifications:

The Consultant (Filipino) selected to review for the procurement policy should have the following qualifications:

1. Must be a lawyer and has familiarity with Philippine procurement laws and regulations, such as the Government Procurement Reform Act (RA 9184), and experience in aligning organizational policies with these laws.
2. Demonstrated competency in reviewing, contextualizing, and implementing procurement guidelines in accordance with local and international standards.
3. Demonstrated experience in working with international organizations, especially in countries with regulatory frameworks similar to the Philippines.

Selection Criteria:

The Consultant will be selected based on the following criteria:

• Relevant experience and expertise
• Quality of proposal and portfolio
• Proposed timeline and budget
• References and client feedback.

General and Financial Considerations:

To fulfill the services stipulated in this Agreement, Consultant may obtain or have access to some information concerning overall BRAC.

• Consultant agrees that, during the period of the contract or at any time thereafter s/he will not disclose confidential information to any unauthorized person; make use or attempt to use any confidential information, process, papers or documents for personal benefit or the benefit of any other organisation or in any manner whatsoever other than in accordance with the terms under this special service agreement.
• The performance of this task under this agreement shall be the property of BRAC and here due credit as well as attribution will be given to the consultants.
• Payments will be subject to deduction of VAT & Tax at source as per Government Rule(If applicable). Payment will be disbursed within 30 to 60 days after vetting by programme.
• Payment would be made through an automatic Bank Transfer directly into any scheduled Bank in favor of the consultant. For payment, the consultant has to submit an invoice duly describing the agreed accomplishment.

Mode of Payment of Consultation:
BRAC shall pay the consultant, as full consideration for the specific service performed by the agency under this Terms of Reference. Payments will be made in installments based upon key outputs, i.e. upon delivery of the services specified in the TOR. BRAC Philippines shall pay the consultation fees, upon certification that the services have been satisfactorily performed.

BRAC may or may not avail any services from the list above, if it wishes to. And, depending on the service availed by BRAC, following payment procedure will be followed:

• 50% on completion of draft Contextualized Procurement Guidelines (output 1)
• 50% on incorporating all feedback from BRAC Philippines and BRAC International and submission of the final version to BRAC. (output 2)

Consultant will quote the amount including local taxes and VAT.

Condition:

Any changes to the terms and conditions must be amended in writing. Notwithstanding anything contained in the agreement or these conditions, BRAC may at any time terminate this agreement in whole or in part upon mutual agreement or when either party fails to perform any of its obligations under this ToR. In such cases, the agency will be required to stop performing the work or any part thereof. In this situation, the agency shall have no claim against BRAC by reason of such termination, other than payment in proportion to the cancellation terms.