Procurement Manual
Module 6: The Solicitation Process
 
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  Special Guidance on Exigency Situations

According to Rule 105.16, in case of an exigency the contract may be awarded on the basis of an informal method of solicitation or on the basis of a directly negotiated contract to a qualified vendor. The Requisitioner's head of office must request in writing a waiver of formal methods of solicitation from the Director, UN/PD or the ASG/OCSS when applicable, and certify the factual circumstances warranting such a waiver.

 

UN/PD shall attempt to conduct a Market Survey, to the extent possible, to ensure that the costs of the goods, services or works procured under an exigency waiver are reasonable and acceptable to the UN. The matter has to be referred to the ASG/OCSS (or as delegated by him) for a final decision in consultation with the Requisitioner's head of office considering the seriousness of the situation if, in the opinion of the Director, UN/PD, the additional cost or other substantial burden to the Organisation arising from a waiver of competitive Solicitation is likely to disproportionately exceed the expected results from a competitive Solicitation.

Exigency
"An exceptional, compelling and emergent
need that is likely to lead to serious damage, loss or injury to property or persons, if not addressed immediately".

Circumstances that Do Not Qualify as Exigency Situations
In normal circumstances, exigency would not be an acceptable rationale for waiver of competitive bidding, when the situation is the result of undue or unjustified delay or omission on the part of the Requisitioner. However, if loss of life or serious injury or a significant loss of property is imminent as certified by the Requisitioner's head of office, procurement shall proceed on an urgent basis without delay.

Glossary

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