Introduction
10. When an emergency is graded following the Emergency Response Framework (ERF) process or when an authorized WHO Health Emergencies Programme (WHE) staff provides notification of a pre-graded event or situation, the regular procurement process may be modified to cater to the urgency of the situation as soon as possible. In such situations, a procurement process for emergencies is automatically triggered in which:
a) Competitive bidding as defined in eManual section VI.1.3 is recommended but not mandatory, regardless of the procurement value;
b) Contract Review Committee (CRC) approval is not required before the award of the contract (for procurement above the applicable threshold and for waivers of the competitive bidding requirements);
c) Cumulative value (or total contractual expenditure) as defined in eManual VI.1.3 is not applicable; and
d) The evaluation of contract performance is recommended, and the reporting of supplier underperformance should apply as in standard/regular procurement.
Delegation of Authority (DoA)
20. For a graded emergency or a pre-graded event or situation, the WHO representative (WR) or the designated Incident Manager (IM) for the incident is automatically granted procurement authority as per DoA provisions available in the Emergency Response Framework (ERF).
Procurement process for emergencies
A. Grading and approval of the use of Emergency Procurement
30. The procurement process for emergencies can only be applied to specific situations and periods:
a) Emergencies that are officially graded by the Director-General (or by the official who has been given delegated authority by the Director-General) and have been assigned Grade 1, 2 or 3 pursuant to WHO's ERF protocols. These include protracted emergencies: for a maximum of twelve months of the grading period for protracted Grade 1 or 2 emergencies and for the full duration of the grading period for protracted Grade 3 emergencies.
b) Pre-graded events or situations that have the potential to escalate into full-scale emergencies or that represent emergency projects funded by OCR awards of less than 6 months in duration. For these, an authorized WHE staff has to provide notification.
40. In both cases outlined in a) and b), this procurement process applies to goods and services required immediately to respond to the declared emergency. The emergency procurement process must not be misused to circumvent an otherwise regular/standard competitive bidding process.
B. Emergency procurement vs. regular procurement
60. During emergency operations, the procurement initiators and experts may alter the regular procurement procedures outlined in Section VI.1.3. Emergency procurement processes are streamlined and offer more flexibility than regular procurement procedures applicable in non-emergency situations.
C. Needs assessment
70. Noting that emergency procurements are often under time constraints, the requirement definition in emergency situations can be less formal. Consider the following points:
a) The use of a brand name in requirement specifications—generally not allowed under regular procedures—may be used in emergency procurement if it aids the description of the required product. However, brand names are not an option for pharmaceuticals where purchases are restricted to the WHO List of Essential medicines.
b) Product instructions and standard specifications/TORs previously developed can be used to facilitate the requirement definition.
c) Existing long-term agreements (LTAs), which can improve the speed of procurement and provide useful specifications, should be checked for compliance with the current need. If an LTA exists for the requested product and it can adequately cover the need in terms of stock availability and delivery times, orders can be placed against the existing LTAs
d) While not mandatory, sustainability can be considered to the extent possible during emergency situations, and support from the Procurement and Supply Services Department (SUP) can be requested for guidance if needed.
D. Sourcing
80. Except for health products, where sourcing is based on the WHO QA policy, there are no specific requirements concerning sourcing under emergency procurement; however, to reduce the lead times and risk of contract failure, it is recommended that priority is given to:
a) suppliers who have experience in supplying WHO in emergency situations;
b) suppliers who have experience in supplying other UN agencies in emergency operations; and
c) local or regional suppliers who may be able to provide adequate goods and services.
90. Consider the following when sourcing:
a) use existing LTAs if feasible (including LTAs of other UN entities);
b) In the case of health products, check with Regional Hubs for stock availability or otherwise consider local supply database, but ensure quality assurance check. See QA flow diagram for more information
c) consider using existing rosters or other lists of suppliers; and
d) consider purchasing goods, redeploying goods from other operations, borrowing goods from another UN organization, diverting pipeline goods for another project or renting equipment until ordered goods are delivered.
E. Solicitation method
100. During an emergency procurement, the request for quotations can be used to solicit offers, regardless of the value of the procurement.
110. When seeking quotations in an emergency, no absolute deadline or specific template is required; additional suppliers identified after the request for quotations has been issued can be contacted at any stage of the process to submit offers.
F. Evaluation of offers
120. Offers received based on the request for quotations during an emergency procurement process must be assessed against the requirements stated in the quote request.
130. The selection of a supplier other than the one offering the lowest-priced option requires that proper justification be documented and kept on file.
G. Award
140. The WHO official with the relevant DoA for the value of the procurement activity awards contracts for an emergency procurement activity. The CRC's approval is not mandatory before awarding the contract (for procurement above the applicable threshold and waivers of the competitive bidding requirements). However, if any awards are made before submission to CRC, such awards shall be reported on an ex-post facto on a quarterly basis.
H. Contracts and contracts management
150. Due to the risk involved, contract preparation and issuance and contract administration procedures remain the same during emergency operations as under normal conditions, including using standard WHO forms of contracts when contracting suppliers.
160. WHO never enters into verbal/oral contracts. Each WHO contract must be in writing and duly signed by the parties, as outlined in the eManual.
I. Contracts administration
170. In order to document the emergency procurement and to justify decisions and choices made when selecting the supplier and awarding the contract, all steps in the process must be documented in the procurement file. In the event of a dispute, the file is critical: it documents the procedure, establishes an institutional memory, forms the basis of a lessons-learned process and is essential for audit purposes.
180. Please refer to the WHO Procurement Handbook, Chapter 2.5 Contract Documentation, for which documents must be retained in the procurement file. In addition to the applicable documents identified therein, for processes under emergency procurement, the approved adjudication report (AR) should be based on the specific AR emergency template, encompassing the approval for the emergency request and the use of emergency procurement.
Goods listed in the GSM catalogue
190. Regardless of their value, goods may be procured from the GSM catalogue without the participation of procurement experts. Global Procurement and Logistics (GPL) will also carry out such cases.
Goods not listed in the GSM catalogue
200. In order to ensure that the quality of the goods aligns with WHO guidelines and recommendations,
[1] the Quality Assurance technical network (QA) is recommended
in the evaluation stage of the procurement process for the following product categories (see process flow diagram below), regardless of the value of the requisition:
210. Exceptionally, when the procurement initiators possess the relevant technical expertise, the QA may authorize them to proceed without further involvement. In such a situation, the procurement initiators must document that the procured goods meet WHO's procurement standards and that the appropriate quality is ensured.
220. When the QA fails to provide the required response in the stipulated time frame (maximum 48 hours), the ExD/WHE or the Regional Director may decide to proceed with the procurement and authorize the supplier selection. This authorization must be documented in the adjudication report.
230. In an emergency procurement process, the adjudication report requirements will continue to apply as set out in eManual
VI.1.3. A dedicated emergency adjudication report confirming that the circumstances described above in paragraph 30 are met and providing a justification for the purchase must be completed before the purchase requisition is approved.
240. The final requisition approver shall report all cases subject to the emergency procurement procedure to the CRC/Regional CRC (R-CRC) post-facto at the end of each quarter.
Procurement on behalf of government
250. The provisions governing WHO assistance to Member States in emergencies are set out in the eManual VI.3 Reimbursable Purchases. When a government requests the purchase of essential medical supplies and equipment, as provided in paragraph III of Resolution
EB33.R44, Supply Services to Member States:
- the programme support cost may be waived; and
- the Director-General can authorize any such purchases without the upfront payment by the requesting Member State, thus facilitating more rapid procurement and dispatch of the items urgently needed.
Quality assurance procedure for raising catalogue and non-catalogue requests
260. The QA procedures for raising procurement requests vary depending on whether they are catalogue or non-catalogue requests.
270.
Catalogue requests: Catalogue items can be browsed on the GSM system or from the WHO intranet quick link (
WHO Catalogue). For these items, the QA process will have been carried out before adding the items to the catalogue, so no further QA is required.
280.
Non-catalogue requests: These items must undergo the QA process, so items to be purchased should contain the following information (to support the responsiveness of the procurement team):
- Medicines: DCI, dosage, formulation, packaging UOM (e.g. Fulifurol, 100mg, dispersible tablets, blisters, pack of 100)
- Medical devices and PPE: General technical specifications (e.g. syringe 50-60 ml, enfit type, 3 parts, without needle, sterile, pack of 50)
The flow diagram explains the QA process for non-catalogue items and who is responsible for the QA process.
[1] Operational Principles for Good Pharmaceutical Procurement:
https://apps.who.int/iris/handle/10665/66251; Documentation related to quality assurance:
https://www.who.int/our-work/science-division/quality-assurance-norms-and-standards.
