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TERMS OF REFERENCE
Contract 159831-S28532
Project TA-9719 REG: Pacific Economic Management (Phase 3) - Senior Procurement Policy Specialist (52357-001)
Expertise Senior Procurement Policy Specialist
Source International

Objective and Purpose of the Assignment
The Asian Development Bank, working with the Ministry of Finance and Economic Development (MFED) of the Government of Kiribati (GoK) have developed the Kiribati Public Procurement Reform Program (KPPRP). Under the KPPRP, as approved by Cabinet in April 2017, necessary changes were identified, including the GoK's procurement legislation, policies, procedures, systems, and staffing. In August 2018, ADB engaged a senior procurement specialist that started the implementation of the
KPPRP, to set up the public procurement system. By December 2019, Kiribati has a new Public Procurement Act 2020 and Public Procurement regulations 2020 to guide public procurement. The GoK welcomed the support but requested continued support to train the CPU and line agencies on the laws/regulations as well as guiding materials to properly embed this new legislation.

Scope of Work
A Senior Procurement Specialist is engaged until 30 September 2021 to support capacity development of the Central Procurement Unit (CPU) in performing the relevant technical, administrative and managerial responsibilities of the office. As part of this support, the consultant will mentor and support the Chief Procurement Officer (CPO), a line position hired by Government of Kiribati (GoK).

Detailed Tasks and/or Expected Output
The Senior Procurement Specialist will report to the Secretary MFED and be a resource person to the KPPRP Steering Committee supporting the CPO with the execution of the tasks necessary to deliver the outcomes envisaged in the KPPRP including:

KPPRP
• Support the CPO to project manage all aspects related to the implementation of the KPPRP. Engage with relevant stakeholders to ensure that the activities to be undertaken in support of the KPPRP implementation are undertaken in an efficient, effective and comprehensive manner;
• In consultation with CPO, prepare a detailed schedule and work plan (with budgets) for all components of the KPPRP implementation including those to be actioned by other areas of government;
• Provide oversight support to the development of a stakeholder engagement and management plan and project reporting structure. Stakeholders shall include all internal and external parties as outlined in the KPPRP. Reporting requirements shall be agreed with the secretary, MFED, ensuring that the agreed workplan provides a clear indication of key deliverables within the 8-month period; and

Procurement Framework
• Contribute, as required, to the drafting, by the Attorney General, of the GoK's new/updated regulations, following the passing of the Public Procurement bill in December 2019;
• Develop and finalize, in accordance with best international public procurement practices, a procurement manual, associated guidance notes, all required procurement prequalification, bidding and evaluation templates for goods, works, consulting and non-consulting services. The manual shall cover all stages of the procurement cycle from procurement strategy and planning through to contract management and close-out;
• In conjunction with the Attorney General or designate, contribute to the drafting of standard contract terms and conditions for all types and values of purchases;
• Assist the GoK in the establishment of a complaints and dispute resolution mechanism, external to the CPU, in order to provide a robust and independent complaints resolution structure that will underpin the fairness, transparency and ethical nature of the updated procurement framework;
• Support the Kiribati National Audit Office in performing any adjustments necessary to provide the necessary independent oversight to public procurement activities; and
• Prepare training materials for all stages of the procurement process. Conduct initial and regular follow-up training with CPU staff and other clients (ministries, agencies and state-owned enterprises - PEs).

Central Procurement Unit
• Assist the CPO in the preparation of a draft CPU charter for presentation to the relevant stakeholders for input and comment, incorporating relevant feedback received. Co-ordinate with the relevant authorities regarding government dissemination, discussion and approval;
• Together with the CPO, establish annual work plans, organizational structure, staffing plans, and budget for the CPU;
• Support the CPO in the preparation of terms of reference, advertisement, selection and engagement of CPU staff;
• Work with the relevant actors to establish the new Central Tenders Board (CTB);
• Input to the preparation of terms of reference for any new procurement related committees. Review and, where necessary update the terms of reference for existing committees; and
• Assist the CPU in the execution of annual procurement planning activities with all GoK's PEs for all purchases covered by GoK's procurement legislation including:
- Identification of common purchases made by PEs and support to the development and execution of strategies to consolidate procurement;
- Formulate a transition strategy to centralize the procurement of core strategic and other relevant purchases within the CPU; and
- Where feasible, as the capacity of the CPU grows, initiate the purchasing of all goods, works, consulting and non-consulting services and works required by all PEs and above a stated threshold.

Other Areas
• In co-ordination with related activities within government, support the feasibility assessment of implementing an electronic tendering system in Kiribati;
• Revise Kiribati's stores regulations including those dealing with disposal of surplus, exhausted materials and goods;
• Engage with the Kiribati Fiduciary Services Unit (KFSU) to align, where feasible, policies and procedure used for both direct government procurement and externally funded donor procurement;
• Conduct outreach programs to keep the national and international supply communities, national civil society and media current and informed on the (i) KPPRP, (ii) changes to GoK's procurement under the revised legislation (iii) scope and schedule of PEs future purchases;
• Support other aspects of the KPPRP including establishing a Supplier Database and assist PEs to identify opportunities to contract-out (to the private sector) the PEs' non-core activities and assist in the contracting process; and
• Input to other activities required by MFED and linked to the overall goals of the KPPRP implementation.