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WORLD BANK. PROCUREMENT GUIDELINES . Seminar on Procurement of Goods, Works and Consultancy Contracts financed from World Bank Loans and IDA Credits, February 27 - March 3, 2006, Zagreb, Croatia. Procurement Guidelines. Three sections I. Introduction II. International Competitive Bidding

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world bank

WORLD BANK

PROCUREMENT GUIDELINES

Seminar on Procurement of Goods, Works and Consultancy Contracts financed from World Bank Loans and IDA Credits, February 27 - March 3, 2006, Zagreb, Croatia.

procurement guidelines
Procurement Guidelines
  • Three sections

I. Introduction

II. International Competitive Bidding

A. General

B. Bidding Documents

C. Bid Opening, Evaluation, and Award of Contract

III. Other Methods of Procurement

procurement guidelines3
Procurement Guidelines
  • Three Appendixes

Appendix 1: Review by the Bank of Procurement Decisions

Appendix 2: Domestic Preference

Appendix 3: Guidance to Bidders

i introduction
I. Introduction
  • 1.1 Purpose
  • These guidelines define the policies and procedures for procurement of goods and works only, financed by the Bank.
  • Relations between Government and bidders are not directly governed by Guidelines, but by the Bid Documents and signed contracts.
  • Relations between the Government and the Bank are governed by the Loan Agreement.
i introduction5
I. Introduction
  • 1.2. – 1.4. General Consideration
  • Responsibility for implementation rests with Borrower.
  • Bank has “obligation” to supervise use of proceeds.
  • 4 main considerations.

(a) the need for economy and efficiency in the implementation of the project, including the procurement of the goods and works involved;

(b) the Bank’s interest in giving all eligible bidders from developed and developing countries the same information and equal opportunity to compete;

(c) the Bank’s interest in encouraging the development of domestic contracting and manufacturing industries in the borrowing country; and

(d) the importance of transparency in the procurement process.

  • ICB is “preferred” method. Other methods need justification.
  • Procurement Plan is “the tool” for waiving ICB.
i introduction6
I. Introduction
  • 1.5. Applicability of Guidelines
  • Apply to all contracts for goods and works financed in whole or in part from the Bank loans.
  • Compatibility with Bank’s Project & economy is required for adoption of non-Bank Procurement Procedures for non-Bank financed components.
i introduction7
I. Introduction
  • 1.6 – 1.7. Eligibility
  • All countries are now eligible. This is applicable to IDA grants too.
  • Only requirement for participation in bidding is to be able and qualified to perform the contract.
  • Disqualification is encouraged when appropriate but requires documentary justification.
i introduction8
I. Introduction
  • A few exceptions:
  • Boycott OK if law of the land.
  • Conflict of interest: downstream work. (Can’t have your cake and eat it too)
  • Govt. owned enterprises may participate with restrictions.
  • Debarment of firms by the Bank: Ineligible.
i introduction9
I. Introduction
  • 1.9. Advanced Contracting
  • Borrower can be proactive/diligent and undertake advance procurement at its “own risk”.
  • Advance contracting must follow the Guidelines. (Bank review of the process may be upfront or ex-post in retroactive financing).
i introduction10
I. Introduction
  • 1.10. Joint Ventures
  • Joint Venture are encouraged, but: (a) local partners can not be a condition for qualification; and (b) carries joint and several liability.
  • 1.11 Bank Review
  • Procurement Plan establishes Prior Review thresholds. Can change during implementation.
  • If Prior Review applies, Bank reviews procurement procedures, documents, prequalification and bid evaluations, award recommendations, and contracts.
i introduction11
I. Introduction

Misprocurement

1.12 The Bank does not finance expenditures for goods and works which have not been procured in accordance with the agreed provisions in the Loan Agreement and as further elaborated in the Procurement Plan. In such cases, the Bank will declare misprocurement, and it is the policy of the Bank to cancel that portion of the loan allocated to the goods and works that have been misprocured. The Bank may, in addition, exercise other remedies provided for under the Loan Agreement. Even once the contract is awarded after obtaining a “no objection” from the Bank, the Bank may still declare misprocurement if it concludes that the “no objection” was issued on the basis of incomplete, inaccurate, or misleading information furnished by the Borrower or the terms and conditions of the contract had been modified without Bank’s approval.

i introduction12
I. Introduction
  • Misprocurement option is always available; even if disbursement of funds is done after a no objection.
  • It happens if Borrower does not follow agreed procedures, or does modifications without approval, or false representations or reaches conclusions not supported by available documentation.
  • Misprocurement – “miss the chance to procure” with Bank financing
i introduction13
I. Introduction

Fraud and Corruption

1.14 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans), as well as bidders, suppliers and contractors under Bank financed contracts, observe the highest standards of ethics during procurement and execution of such contracts. In pursuance to this policy, the Bank:

(a) defines the terms (i) corrupt practice; (ii) fraudulent practice; (iii) collusive practices; and (iv) coercive practices;

(b) will reject a proposal for award if it determines that the bidder recommended for award has engaged, directly or through an agent, in any of the above practices;

(c) will cancel the portion of the loan allocated to a contract if it determines engagement in any of the above practices;

i introduction14
I. Introduction
  • Fraud and Corruption (continued)

(d) will sanction a firm or individual, including declaring ineligible, either indefinitely or for a stated period of time, to be awarded a Bank-financed contract, if at any time it determines that the firm has engaged in the above practices; and

(e) will have the right to require that a provision be included in bidding documents and contracts to permit inspection and audit of documents relating to bid submission and contract performance.

i introduction15
I. Introduction
  • Fraud and Corruption (continued)
  • Corrupt Practice: Offering, giving, receiving or soliciting, directly or indirectly, of anything of value
  • Fraudulent Practice: Misrepresentation or omission of facts to influence the procurement process or contract execution
  • Collusive Practice: A scheme or arrangement between two or more bidders, designed to establish bid prices at artificial, non-competitive levels.
  • Coercive Practice: Harming or threatening to harm, persons, or their property to influence their participation in a procurement process or contract execution.

BOTTOM LINE: IF YOU CHEAT - YOU ARE OUT!!!!!

i introduction16
I. Introduction
  • 1.16. Procurement Plan
  • - annual procurement plans covers 12 months of the budget year

- provides information on the particular contracts, methods of procurement/selection, and review arrangements

- following effectiveness PP will be available in the project’s database and in the Bank’s external website

i introduction17
I. Introduction

The Procurement Plan is…..

‘THE DOCUMENT’

  • What, how, when procurement is to happen.
  • What is to be prior reviewed by Bank
  • Updated periodically.
ii icb a general
II. ICB : [A] General
  • A GPN required once in a project’s life. GPN does not need to be annually updated any more.
  • All advertisement, GPN or SPN, goes online.
  • Electronic portals address - www.devbusiness.com and www.dgmarket.com
  • [There is no need to wait for 8 weeks after the GPN publication for any procurement action.]
ii icb a general19
II. ICB : [A] General
  • PQ required only in large/complex works!
  • PQ criteria: technical experience and capability, personnel, and financial resources.
  • PQ given to ALL that qualify, regardless of number, based strictly on the criteria.
  • Registration system permissible. Maintained through regular update of PQ information.
ii icb b bidding document
II. ICB : [B] Bidding Document
  • Use of Standard Bidding Documents required
  • Invitation to Bid
  • Instructions to Bidders
  • Form of Bid
  • Form of Contract
  • Conditions of contract (General and Specific)
  • Specifications and Drawings
  • Relevant Technical Data
  • List of Goods or Bill of Quantities
  • Delivery Time or Schedule of Completion
  • Appendices (forms of securities, bond, etc)
ii icb b bidding document21
II. ICB : [B] Bidding Document
  • Bid Document gives an individualized and vivid outline to prospective bidders.
  • Presents the “real deal”.
  • Fee for purchase of Bid Doc is not to be used as a tool to discourage qualified bidders.
  • Electronic distribution allowed if the system satisfies the Bank as being “tamper proofed”.
  • SBD is the “bible”.
  • Minimum changes and no alterations to the standard language is the policy of the Bank.
ii icb b bidding document22
II. ICB : [B] Bidding Document
  • 2.13 - 2.14 Validity of Bids and Bid Security
  • Bid validity to cover the bid evaluation and contract award period. Serious Problem!!!!
  • Borrower has (new) options for bid security :

(a) not to have it at all;

(b) use a system of declaration (new tool);

(c) to use in form defined in Bid Docs (Issued by Bank or Security Institution).

ii icb b bidding document23
II. ICB : [B] Bidding Document
  • 1.15. Language
  • Bank Financed procurement at ICB level in ECA in in English… A local Language set of documents may also be used at the Borrower’s Option
  • If a bid is given in a local language, the contract will be signed in that same language
ii icb b bidding document24
II. ICB : [B] Bidding Document
  • 2.17 – 2.18 Clarity of Bidding Documents
  • Disclose all factors to be considered in evaluation.
  • All clarifications provided to all bidders.
  • Site access and pre-bid conference. Minutes of Meeting.
  • Reasonable time for delivery of bids, even if extension is needed.
  • Bank’s “No Objection”.
ii icb b bidding document25
II. ICB : [B] Bidding Document
  • 2.19. Standards and 2.20 Use of Brand Names
  • Standards and Specs to promote competition and not to limit it.
  • Key phrase: “substantial equivalence”.
  • Try to avoid brand names.
ii icb b bidding document26
II. ICB : [B] Bidding Document
  • 2.44. Time for Preparation of Bids
  • Time allowed for submission is dictated by contract size and scope and must be reasonable to ensure competition (between 6 –12 weeks).
  • Bids may be submitted by mail, courier, or hand. Electronic submission is permitted, as long as confidentiality is maintained.
  • Deadline and locale [very clear address] to be indicated in Bid Documents.
ii icb c bid opening evaluation and award of contract
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • 2.45. Bid Opening Procedures
  • Deadline for submission and Opening should be the same. Promptly thereafter may mean 30 minutes or so.
  • Bid opening is public.
  • Minutes are recorded and forwarded to Bank, signed by attending bidders. It includes:

1. name of the bidder,

2. total amount of each bid, and

3. any alternative bids if they have been requested or permitted.

  • Late bids must be rejected.
ii icb c bid opening evaluation and award of contract28
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • 2.46. Clarifications or Alterations of Bids
  • Clarifications may be sought if and only if they do not change substance of bid. This is not easy to achieve. MOST CLARIFICATIONS ARE UNNECESSARY.
  • Clarifications to bidders to be made in writing
ii icb c bid opening evaluation and award of contract29
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • 1.47. Confidentiality
  • Confidentiality maintained until award of contract.
  • 2.48 Examination of Bids
  • The Borrower shall ascertain whether the bids:

(a) meet the eligibility requirements

(b) have been properly signed

(c) are accompanied by the required securities or required declaration signed

(d) are substantially responsive to the bidding documents, and

(e) are otherwise generally in order.

ii icb c bid opening evaluation and award of contract30
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • A bid is not substantially responsive if it contains material deviations from or reservations to the terms, conditions, and specifications in the bidding documents.
  • The bidder shall not be permitted to correct or withdraw material deviations or reservations once bids have been opened.
ii icb c bid opening evaluation and award of contract31
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • 2.49 – 2.54 Evaluation and Comparison
  • The purpose of bid evaluation is to determine the cost of the Borrower of each bid in a manner that permits a comparison on the basis of their evaluated cost.
  • Read out price adjusted to correct any arithmetical errors.
  • Adjustments shall be made for any quantifiable nonmaterial deviations or reservations.
  • Price adjustment is not consider for evaluation purposes. It is applied during implementation if this option is provided in the contract.
  • For goods comparison between CIP (place of destination) for imported goods and EXW prices plus cost of inland transportation and insurance to the place of destination for goods manufactured within the Borrower’s country
ii icb c bid opening evaluation and award of contract32
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • Under works and turnkey contracts, contractors are responsible for all duties, taxes, and other levies. And the evaluation and comparison of bids shall be strictly in monetary terms.
  • Any procedure under which bids above or below a predetermined assessment of bid values are automatically disqualified is not acceptable.
  • If time is critical, early completion to the Borrower may be taken into account according to criteria presented in the bidding documents, only if the conditions of contract provide for commensurate penalties for delays.
  • The Borrower shall prepare a detailed report on the evaluation and comparison of bids with specific reasons on which the award recommendation is based.
ii icb c bid opening evaluation and award of contract33
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • 2.55 – 2.56 Domestic Preference
  • A margin of preference may be provided in the evaluation of bids for:

(a) goods manufactured in the country of the Borrower when comparing bids offering such goods with those offering goods manufactured abroad; and

(b) works in member countries below a specified threshold of GNP per capita, when comparing bids from eligible domestic Contractors with those from foreign firms.

  • Appendix 2 to these Guidelines gives the procedure in the evaluation and comparison of bids when preferences apply.
ii icb c bid opening evaluation and award of contract34
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • 2.57. Extension of Validity of Bids
  • Evaluation of bids and award of contract shall be completed within the initial period of bid validity so that extensions are not necessary.
  • An extension of bid validity, if justified by exceptional circumstances, shall be requested in writing from all bidders before the expiration date.
  • In fixed price contracts, requests for second and subsequent extensions will be permissible only if it provides for an appropriate price adjustment mechanism.
  • Whenever an extension of bid validity is requested, bidders shall not be requested or be permitted to change the quoted price or other conditions of their bid. Bidders shall have the right to refuse to grant such an extension. If the bidding documents require a bid security, bidders may exercise their right to refuse to grant such an extension without forfeiting their bid security, but those who are willing to extend the validity of their bid shall be required to provide a suitable extension of bid security.
ii icb c bid opening evaluation and award of contract35
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • 2.58. Post-Qualification of Bids
  • The Borrower must check the qualifications of the lowest bidder, even if pre-qualification has been carried out against the disclosed criteria.
  • If the lowest bidder is not qualified, borrower may award to second lowest and so forth.
  • 2.59. Award of Contract
  • Award the contract, within the period of the validity of bids.
  • A bidder shall not be required to undertake responsibilities for work not stipulated in the bidding documents or otherwise to modify the bid as originally submitted (no negotiations).
ii icb c bid opening evaluation and award of contract36
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • 2.60. Publication of the Award of Contract
  • Within two weeks of receiving the Bank’s “no objection”, the Borrower shall publish in UNDB online and in dgMarket the results.
  • This is done identifying the bid and lot numbers and the following information: (a) name of each bidder; (b) bid prices as read out; (c) name and evaluated prices of each bid; (d) name of bidders whose bids were rejected and the reasons for their rejection; and (e) name of the winning bidder, and the price it offered, as well as the duration and summary scope of the contract awarded.
ii icb c bid opening evaluation and award of contract37
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • 2.61 – 2.64 Rejection of All Bids
  • Borrowers may reject all bids.
  • Rejection of all bids if: (a) lack of competition (b) bids not substantially responsive (c) prices substantially higher than budget (not enough money).
  • Lack of competition not solely on the basis of the number of bidders. Even with only one bid, the bidding may be considered valid, if the bid was satisfactorily advertised and prices are reasonable.
  • If all bids rejected, the Borrower to review causes justifying rejection and make revisions to the conditions of contract, design and specifications, scope, or a combination of these, before inviting new bids (after Bank’s approval).
  • If the rejection of all bids is due to lack of competition, do wider advertising. If the rejection is due to the bids being non-responsive, new bids may be invited from the pre-qualified firms, or with the agreement of the Bank, from only those that submitted bids.
ii icb c bid opening evaluation and award of contract38
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • All bids shall not be rejected and new bids invited solely for the purpose of obtaining lower prices.
  • If the lowest evaluated responsive bid exceeds cost estimates by a substantial margin, the Borrower shall investigate causes for the excessive cost and consider re-bidding.
  • Alternatively, with Bank’s approval, the Borrower may negotiate with the lowest evaluated bidder a reduction in scope and/or reallocation of risk and responsibility. However, substantial reduction in the scope or modification to the contract documents may require re-bidding.
ii icb c bid opening evaluation and award of contract39
II. ICB : [C] Bid Opening,Evaluation, and Award of Contract
  • 2.65 Debriefing
  • Bidders may seek from Borrower an explanation for non-selection of their bid, either in writing or personally.
  • This option is indicated in the publication of Contract Award
iii other methods of procurement
III. Other Methods of Procurement
  • 3.2. Limited International Bidding
  • The Bank recognizes that ICB is not necessarily the best method in every case. Thus it accepts other methods when appropriate.
  • Footnote states “Contracts shall not be divided into smaller units in order to make them less attractive for ICB procedures; any proposal to divide a contract into smaller packages shall require the prior approval of the Bank.” In other words, you do not make small packages just to avoid ICB.
  • LIB is ICB less advertising, i.e. direct invitation to potential suppliers.
  • LIB may be used when: (a) there is only a limited number of suppliers, or (b) other exceptional reasons may justify departure from full ICB procedures. In any case there must be adequate competition.
iii other methods of procurement41
III. Other Methods of Procurement
  • Under LIB, Borrowers shall seek bids from a list broad enough to assure competitive prices, and include all suppliers when there are only a limited number.
  • Domestic preferences are not applicable in the evaluation of bids under LIB. In all respects other than advertisement and preferences, ICB procedures shall apply.
iii other methods of procurement42
III. Other Methods of Procurement
  • 3.3 – 3.4 National Competitive Bidding
  • NCB should be the competitive bidding procedure normally used for public procurement in the country of the Borrower.
  • NCB procedures shall be reviewed by the Bank and modified as necessary to assure economy, efficiency, transparency, and broad consistency with the provisions of these Guidelines
  • NCB used if the goods or works are unlikely to attract foreign competition because: (a) the contract values are small, (b) works are scattered geographically or spread over time, (c) works are labor intensive, or (d) the goods or works are available locally at prices well below the international market, and (e) where the advantages of ICB are clearly outweighed by administrative / financial burden involved.
  • Advertising done nationally. Currency and language are national.
  • The procedures under NCB are broadly similar to those of ICB, except as noted above. If foreign firms may participate under these circumstances, if they wish.
iii other methods of procurement43
III. Other Methods of Procurement
  • 3.5 Shopping
  • Shopping: comparing price quotations obtained from several (minimum of three) suppliers / contractors, to assure competitive prices.
  • It is an appropriate method for procuring readily available off-the shelf goods or standard specification commodities of small value, or simple civil works of small value.
  • Requests for quotations shall indicate the description and quantity of the goods or specifications of works, as well as desired delivery (or completion) time and place.
  • Quotations may be submitted by letter, facsimile or by electronic means.
  • The evaluation of quotations shall follow the same principles as of open bidding. The terms of the accepted offer shall be incorporated in a purchase order or brief contract.
iii other methods of procurement44
III. Other Methods of Procurement
  • 3.6. Direct Contracting
  • In direct contracting….
    • (a) An existing contract may be extended.
    • (b) Standardization of equipment or spare parts, to be compatible with existing, may justify additional purchases from the original Supplier.
    • (c) The required equipment is proprietary and obtainable only from one source. (d) The Contractor responsible for a process design requires the purchase of critical items from a particular Supplier as a condition of a performance guarantee.
    • (e) In response to natural disasters.
  • After the contract signature, the Borrower shall publish in UNDB online and in dgMarket the name of the contractor, price, duration, and summary scope of the contract. This publication may be done quarterly and in the format of a summarized table covering the previous period.
iii other methods of procurement45
III. Other Methods of Procurement
  • 3.9 Procurement from UN Agencies
  • 3.10 Procurement Agents
  • 3.11 Inspection Agents
  • 3.17 Community Participation in Procurement
  • Etc. etc.
iii other methods of procurement46
III. Other Methods of Procurement
  • Recent examples inlcude the procurement of vaccines through UNICEF.
  • If the Borrower lacks capability, procurement agents may be hired to provide the services.
  • The agent, including UN agencies appointed, shall follow all the procurement procedures and documents provided for in the Loan Agreement and as further elaborated in the Procurement Plan approved by the Bank.
  • The Bank’s Consultant Guidelines shall apply for the selection of procurement agents.
iii other methods of procurement47
III. Other Methods of Procurement
  • Inspection agents to check quality, quantity and price appropriateness.
  • Note - Imports procured through ICB shall be subject to verification for quality and quantity only.
  • The inspection agents are ordinarily paid for on a fee basis levied on the value of the goods. Costs for certification of imports shall not be considered in the evaluation of bids under ICB.
  • For selection of inspection agents, once more, the Bank’s Consultant Guidelines apply.
iii other methods of procurement48
III. Other Methods of Procurement
  • Community Participation is used for project sustainability, or to achieve project objectives. It entails (a) participation of local communities and/or NGOs in the delivery of services, or (b) increase the utilization of local know-how and materials, or (c) employ labor-intensive and other appropriate technologies.
  • The procedures proposed and the project components to be carried out by community participation shall be outlined in Loan Agreement and further elaborated in the Procurement Plan.
appendix 1 review by the bank of procurement decisions50
Appendix 1: Review by the Bank of Procurement Decisions
  • 1. Scheduling of Procurement
  • Procurement Plan is the “guiding light” of a project. It covers an initial period of no less than 18 months and regularly updated, with Bank’s prior approval. Major Infrastructure Project Plans should cover several years.
  • Prior review is used when so stated in Procurement Plan. If PR applies, the following requires Bank’s NO:
  • In PQ cases (will discuss “normal Goods/Works in a later slide) Prior review is needed for…
      • draft documents to be used, together with a description of the advertising procedures to be followed;
      • the report evaluating the applications received, the list of proposed prequalified bidders, together with a statement of their qualifications and of the reasons for the exclusion of any applicant for prequalification.
appendix 1 review by the bank of procurement decisions51
Appendix 1: Review by the Bank of Procurement Decisions
  • Prior Review needed before bids are invited,draft bidding documents, together with a description of the advertising procedures to be followed for the bidding (if prequalification has not been used).
  • After bids are received and evaluated and before a decision of the award, in sufficient time for its review, a detailed report on the evaluation and comparison of the bids, together with the recommendations for award. The Bank shall, if it determines that the intended award would be inconsistent with the Loan Agreement and/or the Procurement Plan, promptly inform the Borrower and state the reasons for such determination. The Borrower shall award the contract after receiving the Bank’s“no objection”.
  • If an extension of bid validity is required. Bank’s prior approval for the first request for extension (if it is longer than four weeks) and for all subsequent requests for extension (irrespective of the period).
appendix 1 review by the bank of procurement decisions52
Appendix 1: Review by the Bank of Procurement Decisions
  • If the Borrower receives protests/ complaints from bidders, a copy of the complaint and the Borrower’s response shall be sent to the Bank for information (and possibly action). If as result of analysis of a protest the borrower changes its contract award recommendation, the reasons alongwith a revised evaluation report submitted to the Bank for no objection.
  • Modifications to the terms and conditions of a contract. One conformed copy of the contract will be furnished to the Bank, after its execution and prior to first application for withdrawal of funds from the Loan Account.
  • All evaluation reports shall be accompanied by a summary of the procurement on a form provided by the Bank.
  • The description and amount of the contract, together with the name and address of the successful bidder, shall be subject to release by the Bank upon receipt of the signed copy of the contract.
appendix 1 review by the bank of procurement decisions53
Appendix 1: Review by the Bank of Procurement Decisions
  • 3. Modifications

The Borrower shall seek the Bank’s no objection (except in cases of extreme urgency) for modifications to contracts subject to prior review, which would in aggregate increase the original amount of the contract by more than 15 percent of the original price.

appendix 1 review by the bank of procurement decisions54
Appendix 1: Review by the Bank of Procurement Decisions

4. Translations

If a contract awarded under ICB procedures is subject to prior-review and is in the national language, a certified translation of the contract in the internationally used language specified in the bidding documents shall be furnished to the Bank together with the conformed copy of the contract

appendix 1 review by the bank of procurement decisions55
Appendix 1: Review by the Bank of Procurement Decisions
  • 5. Post Review
  • The Borrower shall retain all documentation with respect to each contract not subject to Prior Review during Project implementation and up to two years after the closing date of the Loan Agreement. The Bank can do Post Review whenever it wants.
  • The Borrower shall also furnish such documentation to the Bank upon request for examination by the Bank or by its consultants.
  • If the Bank determines that the procurement was not in accordance with the agreed procedures, as reflected in the Loan Agreement and/or Procurement Plan approved by the Bank or that the contract itself is not consistent with such procedures, it may declare misprocurement.
appendix 2 domestic preferences
Appendix 2: Domestic Preferences
  • The Borrower may, with the agreement of the Bank, grant a margin of preference in the evaluation of bids under ICB procedures to bids offering certain goods manufactured in the country of the Borrower.
  • Bidding documents shall clearly indicate and provide information required to establish the eligibility of a bid for such preference.
  • The nationality of the manufacturer or supplier is not relevant for eligibility.
appendix 2 domestic preferences57
Appendix 2: Domestic Preferences

For comparison, bids shall be classified as:

  • Group A: bids offering goods manufactured in the country of the Borrower if the bidder establishes to the satisfaction of the Borrower and the Bank that (i) labor, raw material, and components from within the country of the Borrower will account for 30 percent or more of the EXW price of the product offered, and (ii) the production facility in which those goods will be manufactured or assembled exists at least since the time of bid submission.
  • Group B: all other bids offering goods manufactured in the country of the Borrower.
  • Group C: bids offering goods manufactured abroad that have been already imported or that will be directly imported.
appendix 2 domestic preferences58
Appendix 2: Domestic Preferences

Preference for Domestically Manufactured Goods

  • The price quoted for goods in Groups A and B shall include all duties and taxes paid or payable on the basic materials or components purchased in the domestic market or imported, but shall exclude the sales and similar taxes on the finished product.
  • The preference exists not to give an advantage, but to equalize the market.
  • The price quoted for goods in bids of Group C shall be on CIP (place of destination), which is exclusive of customs duties and other import taxes already paid or to be paid.
appendix 2 domestic preferences59
Appendix 2: Domestic Preferences
  • In the first step, determine the lowest bid in each group.
  • The lowest evaluated bids shall be compared with each other and if, as a result of this comparison, a bid from Group A or Group B is the lowest, it shall be selected for the award.
  • If, the lowest evaluated bid is from Group C, it shall be compared with the lowest from Group A after adding to the price offered in the bid from Group C, an amount equal to 15 percent of the CIP bid price. The lowest evaluated bid determined from this last comparison shall be selected.
  • This does not apply to the final contract price, which is the price quoted in the bid regardless of preferences.
  • In the case of single responsibility or turnkey contracts and major installation and/or construction services no margin of preference shall apply. However, since bids are invited DDP, the duties are added, even if there is an exemption, and this is a more effective form of “preference”.
appendix 2 domestic preferences60
Appendix 2: Domestic Preferences

Preference for Domestic Contractors

  • Preference of 7-1/2 % instead of 15%
  • Domestic means local ownership. No JV between domestic and foreign qualifies.
  • Add 7-1/2% to foreign bids if applicable.
  • Where from do 15% and 7-1/2% come from?
    • Pretty much from the air, because the board felt that more than 15% duties were unreasonable.
    • Goods are more affected than works
    • Preferences are meant to equalize and not to give advantage.
appendix 3 guidance to bidders
Appendix 3: Guidance To Bidders
  • 2. Responsibility for Procurement

Guideline passage is alerting potential bidders that ….

  • Implementation by the Borrower.
  • The Bank is required to ensure that funds are paid from a Bank loan only as expenditures are incurred and for the purposes intended.
  • Disbursements of the proceeds of a loan are made only at the Borrower’s request.
  • The contract is between the Borrower and the supplier or contractor.
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Appendix 3: Guidance To Bidders

THE BANK

BORROWER

LOAN / CREDIT

AGREEMENT

NO LINE

CONTRACTORSUPPLIER

CONSULTANT

CONTRACTS

[BIDS, PQs…….]

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Appendix 3: Guidance To Bidders
  • 3. Bank’s Role
  • Bank reviews to ensure that the process is carried out per agreed procedures.
  • Major contracts: Bank reviews all documents and steps.
  • If, at any time in the procurement process (after the award of contract too), the Bank concludes that the agreed procedures were not followed, the Bank may declare misprocurement.
  • If a Borrower has awarded a contract after the Bank’s “no objection,” the Bank will declare misprocurement if the “no objection” was issued on the basis of incomplete, inaccurate, or misleading information furnished.
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Appendix 3: Guidance To Bidders
  • If the Bank determines that corrupt or fraudulent practices were engaged in by the Borrower or bidder, the Bank may impose sanctions.
  • It is mandatory for the Borrower to use SBDs.
  • Information on opportunities under ICB may be obtained from the General Procurement Notice and the Specific Procurement Notices as described.
  • General guidance on participation, as well as advance information on business opportunities in upcoming projects and Project Appraisal Documents (PAD), may be obtained from the World Bank website www.worldbank.org.
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Appendix 3: Guidance To Bidders
  • 6. Bidder’s Role
  • Bidder’s role is: “honesty” and “compliance”. The bidder should decide if it can meet all the conditions, and if so, proceed to prepare bid.
  • Written clarification should be sought from the Borrower, within period specified in the Bid Doc. (a) if the criteria and methodology outlined in the bidding documents are not clear; (b) if a bidder feels that any of the provisions in the documents are inconsistent with the Guidelines.
  • It is the responsibility of the bidder to raise any issue prior to the submission of its bid, to assure submission of a fully responsive and compliant bid, including all the supporting documents requested in the bidding documents.
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Appendix 3: Guidance To Bidders
  • Noncompliance with critical (technical and commercial) requirements will result in rejection of the bid.
  • The bidder should quote the price for the fully compliant bid and then separately indicate the adjustment in price that can be offered if the deviation is accepted. Alternative solutions should be offered only when authorized in the bidding documents.
  • Once bids are received and publicly opened, bidders will not be required or permitted to change the price or substance of a bid.
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Appendix 3: Guidance To Bidders
  • 10. Confidentiality
  • Process of bid evaluation shall be confidential until the publication of contract award .
  • If a bidder wishes to bring additional information to the notice of the Borrower, the Bank, or both, it should do so in writing.
  • Bidders are free to send copies of their communications on issues and questions with the Borrower to the Bank or to write to the Bank directly, when Borrowers do not respond promptly, or the communication is a complaint against the Borrower.
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Appendix 3: Guidance To Bidders
  • 11. Action by the Bank
  • References received by the Bank from potential bidders, prior to the closing date for submission of the bids, will, if appropriate, be referred to the Borrower with the Bank’s comments and advice, for action or response.
  • For contracts not subject to prior review by the Bank, the communication will be sent to the Borrower for due consideration and appropriate action, if any, and these will be reviewed by Bank staff.
  • In the cases of contracts subject to prior review, the communication will be examined by the Bank, in consultation with the Borrower. If additional data is required to complete this process, these will be obtained from the Borrower or via the Borrower from the Bidder and comment or incorporate it, as appropriate, in the evaluation report.
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Appendix 3: Guidance To Bidders
  • The Bank’s review will not be completed until the communication is fully examined and considered.
  • Except for acknowledgment, the Bank will not enter into discussion or correspondence with any bidder, until award of the contract is published.
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Appendix 3: Guidance To Bidders
  • 15. Debriefing
  • If, after notification of award, a bidder wishes to ascertain the grounds on which its bid was not selected, it should address its request to the Borrower.
  • If the bidder is not satisfied with the explanation given and wishes to seek a meeting with the Bank, it may do so by addressing the Regional Procurement Adviser for the borrowing country, who will arrange a meeting at the appropriate level and with the relevant staff.
  • In this discussion, only the bidder’s bid can be discussed and not the bids of competitors.
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WBank Websites – 3 Clicks to Procurement Page

3

1

2

3

1

www.worldbank.org

2

Projects & Programs

3

Procurement/Tender

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WBank Websites – Information at the click of a mouse

Many useful items

can be found on

directly from the

procurement page

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WBank Websites – Information at the click of a mouse

You can also navigate

between levels by using the

“breadcrumbs” at the top

of each webpage

The “Policy & Procedures

page has guidelines and

helpful manuals and

guidance notes. (Sorry, but

English only for these pages)

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THANK YOU FOR YOUR ATTENTION!!!

HVALA NA POZORNOSTI !!!

MULTUMESK PENTRU ATENTIE!!!

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