Afghanistan: International Procurement Advisor (Works)

TERMS OF REFERENCE

Position Title: International Procurement Advisor (Works)

Directorate: National Procurement Authority (NPA)

Duty station: Kabul, Afghanistan

Supervisor: Director General of NPA

1. General Background of National Procurement Authority and Assignment

The National Procurement Authority has been created consequent to the vision of H.E. the President of Islamic Republic of Afghanistan, for institutional reform in a bid to curb corruption and strengthen public confidence in the ability of the government to deliver services in an efficient, effective and transparent manner that will foster economic growth and equal opportunities.

It is envisioned that the NPA will be responsible for strengthening procurement policy and regulatory mechanisms, streamlining and processing procurement activities for contracts that are above threshold authority of government procuring entities, monitoring of contract implementation and resolving contract disputes.

The Afghanistan National Development Strategy (ANDS) encourages reform and institutionalization of various sectors such as health, education, infrastructure and public services as requirements for good governance leading to the establishment of efficient, effective and transparent systems within the government.

Considering the important role of procurement as an acquisition method and its impact on the government budget and expenditure, the Afghanistan Procurement Law was approved in 2005 and revised in 2015 to provide a legal foundation guiding all government and non-governmental entities with procurement of goods, works and services within Afghanistan. The NPA in line with government policies is mandated to implement reform initiatives in public procurement system of the country. Given the important role of procurement as a policy tool for stimulating national economic growth, NPA would like to hire an international consultant through CBR program for assisting NPA in overall procurements, mainly focused on civil works contracts as well as infrastructure projects.

1. Duties and Responsibility

Specific responsibilities and duties include but are not limited to:

1 Pre-bid invitation activities

1.1. Assistance with the preparation of Procurement plans/ schedules, for each financial year, to be updated on a quarterly basis, and to be agreed with by the Client and vetted by IDA;

1.2. Reviewing and assessing the technical specifications, BoQs, drawings, cost estimations, ToRs and other related documents/ information for initiation of a procurement in order to ensure that

i. Necessary measures have been foreseen on procurement and engineering aspects to minimize the risks involved in a procurement process to the Procuring Entity, and government of Afghanistan in a wider aspect; also the proposed needs have a suitably long economic life.

ii. the prerequisites for initiation of a procurement e.g. Technical Specifications, Drawings, BoQs, feasibility studies, budgetary cost estimation, and/ or ToR in terms of consulting services of infrastructural projects are in compliance with the standard level of procurement & technical (engineering) definitions;

1.3. Assistance with preparation of Invitation for bids, SPN, bidding document using appropriate models, including IDA’s, with basic technical input provided by the Client; and

1.4. Drafting request for Obtaining of IDA/funding agency’s clearance on the bidding documents, wherever required.

2 Bid invitation, evaluation and contract award

2.1 Assistance and providing professional advice in preparing invitations for bids and forwarding to newspapers / other appropriate outlets / embassies, registered vendors, publication on web site;

2.2 Representing NPA (as an observer) to the pre-bid conferences, reviewing minutes of the pre-bid conferences and providing clarifications (in consultation with the Client/PEs if required);

2.3 Assisting the receipt and opening of the bids/ proposals;

2.4 Providing technical and professional advice to the Evaluation Committee, normally assigned by the Procuring Entity, on evaluation of bids and developing Bid Evaluation Report (BER); also reviewing the Bid Evaluation Report, prepared by the PE, in terms of bidding documents & prevailing procurement guidelines and regulations for the purpose of selection of the lowest, responsive qualified and capable bidder;

2.5 Draft the request for obtaining the funding agency’s no-objection on the BER;

2.6 Wherever necessary arranging for cancellation of all bids and inviting for fresh bids in consultation with the Client/ funding agency’s vetting;

2.7 Preparing the notification of award for the selected bidder in consultation with the Client/PE;

2.8 Reviewing/ assisting/ preparing contract agreements to be signed by the Client/PEs (in addition to technical specifications, the contract agreement, shall, where appropriate, include a bar chart / network showing detailed engineering, manufacturing, testing, inspection, transportation and installation activities for monitoring supplies and the quality assurance plan which shall be the basis for carrying out inspections).

2.9 Providing professional and suitable advice to the PEs on behalf of NPA in resolving post contract issues, wherever required, like contract monitoring, contract amendments, advance payments, opening of letters of credit, facilitating the Client’s clearance on drawings / design and other Client inputs as defined in the respective contracts between the Client and the contractor;

2.10 On the job capacity building of around 20 national counterparts with providing necessary feedback and advice on case to case basis throughout contract period of the consultant;

2. Deliverables

· Providing monthly reports to NPA management on the performance carried out against the assigned tasks & responsibilities starting from the third month of the assignment;

· The overall technical and procurement aspects of cases, mainly infrastructural projects such as design & build of hydropower dam and road construction, are reviewed and ensured to the standard level of definitions;

· Continuous on the job training and capacity building of around 20 national counterparts is ensured with providing comprehensive feedback and advice on case to case basis handled by the concerned national procurement specialists;

· Submission of assignment final report for NPA management

4. Qualifications and Experience:

A. Education

Bachelor’s Degree in Engineering is required. Professional Certificate in procurement and supply chain management is an asset.

B. Work Experience

· At least 5 years of progressively responsible work experience in large size civil works project planning, project management and project administration;

· At least 10 years of experiences in handling project procurement/contract management and engineering particulars of large size civil works projects. Experience as Team Leader/”Engineer” using FIDIC forms of contract is preferable

· Experience in contract negotiation and handling post contract issues including claims and dispute resolution would be an asset;

· Experience in drafting technical specifications, especially, for large civil works;

· Experience in drafting framework contracts would be an asset;

· Experience with Government projects, UN Agencies or World Bank funded project is essential.

· Candidates with work experience in multiple countries will be strongly preferred.

· Knowledge of government rules and/or other internationally accepted public procurement procedures is an advantage

C. Professional Competencies

· Excellent computer skills for Microsoft Office tools (Word, Excel, Access, and PowerPoint) and Internet use;

· Fluent in English, familiarity with national languages (Pashtu/Dari is a plus)

· Excellent written and oral communication skills;

· High level interpersonal and relationship-building skills.

· Ability to communicate and work effectively with persons of various cultures and religions;

· Outstanding ability to determine and review priorities, plan and meet deadlines;

· Ability and willingness to work in a high pressure environment and insecure post-conflict environment;

· Ability and willingness to multi-task and work under pressure;

· Professional in appearance and demeanor. Z