Ex post facto approvals

Ex post facto consideration

Ex post facto purchase order.

ex post facto Total Amount (US )

Number of ex post facto cases

Ex post facto payments for 1993 1994.

Number of partial ex post facto cases

Percentage value of ex post facto cases

Ex post facto approval and retroactive actions

Table II.11 Contracts approved ex post facto

Percentage value of partial ex post facto cases

Hence, ex post facto cases cannot be eliminated altogether.

40. It should be noted, however, that while further improvements will be achieved, all ex post facto or partial ex post facto cases cannot be eliminated totally.

Administrative heads of missions are allowed to make ex post facto procurement awards and ex post facto presentations to the Procurement Service only in rare cases of exigency.

Need to reduce further the number of ex post facto cases

7. The Secretary General appreciates the recognition that has been accorded to his efforts at reducing ex post facto and partially ex post facto cases to an absolute minimum.

Moreover, cases of ex post facto presentations were still submitted to the local committee on contracts despite clear instructions from Headquarters in April 1996 to avoid ex post facto submissions.

An ex post facto correction clause could undermine the stability of contracts.

The Contracts Review Committee approved the contract on an ex post facto basis.

(f) On procurement, purchases valued in excess of 188 million were considered on ex post facto or partially ex post facto basis and contracts were extended without bidding to a total value of 72.4 million

As the table reveals, for calendar years 1995, 1996 and 1997 as well as for the first six months of 1998, the total number of ex post facto and partial ex post facto cases have declined

Since mid 1995, the total value of ex post facto cases amounted to approximately 1.3 million.

Of the 564 cases, 111 with a value of 81.7 million were considered on an ex post facto basis and a further 123 cases with a value of 106.7 million were considered on a partially ex post facto basis.

It was also pointed out that unilateral acts could only be identified as such ex post facto.

The Board also observed, on the subject of procurement for peacekeeping operations, that purchases valued in excess of 188 million were considered on an ex post facto or partially ex post facto basis, and contracts valued at 72.4 million were extended without bidding.

Even if that point had to be identified ex post facto, it would at least not be identified arbitrarily.

The Administration informed the Board that in April 1996 it had issued strict guidelines on ex post facto and partial ex post facto cases while these had dramatically reduced the numbers of new cases, the full effects had not been realized as at 30 June 1997.

The objective of the paragraph is to address the question of ex post facto prevention (prevention after the harm is caused).

However, in contrast with peacekeeping or humanitarian operations, conflict prevention and peacemaking do not always lend themselves to publicity, even ex post facto.

40. The Office should review the use of ex post facto and retroactive agreements with the aim of eliminating the practice (para. 54).

(g) Monitor ex post facto submissions and address the underlying causes of those submissions that do not meet the definition of exigency (para. 131)

Selected regional programmes will also be subject to ex post facto evaluations in an attempt to study the longer term effects of UNDP support.

Nevertheless, the Controller issued a memorandum in September 2005 to all heads of departments and administrative heads of peacekeeping missions explaining that ex post facto cases were increasing at a disturbing rate and that the vast majority of ex post facto cases over the past few years could be attributed to inadequate planning and avoidable administrative delays.

6. Notes the decline in ex post facto cases and underscores the need to reduce further the number of such cases through better procurement planning

6. Notes the decline in ex post facto cases, and underscores the need to reduce further the number of such cases through better procurement planning

The above will keep to a minimum requests to the Headquarters Committee on Contracts for approval of letters of assist on an ex post facto basis.

53. The value of reported ex post facto approvals increased from some 200,000 during September 1995 to April 1996 to 620,000 during January to June 1997.

(l) The number of ex post facto cases submitted by missions to Headquarters had increased significantly, from 30 cases in 2003 to 97 cases in 2004 (paras.

The Department of Peacekeeping Operations informed the Board that most ex post facto cases arose during the start up phase of missions to address immediate operational requirements.

The Board recommends that the Administration closely monitor ex post facto submissions and address the underlying causes of those submissions that do not meet the definition of exigency.

In April 1998, OIOS was advised that this had finally been approved by the Headquarters Committee on Contracts as a partial ex post facto case, after several rejections.

Ex post facto cases also occur as a result of liquidation of missions, such as the United Nations Protection Force and the United Nations Assistance Mission in Rwanda.

Examples included recruiting government officials as national professional project personnel, extending consultants contracts beyond the maximum duration, or for retroactive and ex post facto approval of actions to recruit.

54. The Board recommends that the United Nations Office for Project Services review the use of ex post facto and retroactive agreements with the aim of eliminating the practice.

Ex post facto cases submitted to the Headquarters Committee on Contracts for recommendation and consideration by the Controller more than tripled, from 30 cases in 2003 to 97 cases in 2004.