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 A. General B. Bidding Documents C. Bid Opening, Evaluation, and Award of Contract III. Other Methods of Procurement
Procurement Guidelines • Three Appendixes Appendix 1: Review by the Bank of Procurement Decisions Appendix 2: Domestic Preference Appendix 3: Guidance to Bidders
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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 • 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] 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 • 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 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 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 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 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 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 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 • 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 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 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 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 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 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 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 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 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 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 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 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 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 • 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 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 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 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 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 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 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 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 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 Decisions • prior review • - post review
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.