GuidelinesProcurementUnderIBRDLoansAndIDACredits

Guidelines Procurement Under IBRD Loans And IDA CreditsMay 2004Revised October 1, 2006 & May 1, 2010The May 2004 revised October 2006 Guidelines have been revised to reflect the recentagreement amongst Multilateral Development Banks to cross-debar firms and individuals found to have violated the fraud and corruption provisions of their respective procurement and consultant guidelines.These revisions affect respectively paragraphs 1.8 and 1.14. Please note that the above-captioned revisions should not be confused with the proposal for a broader revision of the guidelines for which a consultation process is on-going. The latter revisions will be submitted to the Board of EDs for approval next FY.I. Introduction61.1 Purpose61.2 General Considerations61.5 Applicability of Guidelines71.6 Eligibility71.9 Advance Contracting and Retroactive Financing91.10 Joint Ventures91.11 Bank Review91.12 Misprocurement91.13 References to Bank101.14 Fraud and Corruption101.16 Procurement Plan12II. International Competitive Bidding13A. General132.1 Introduction132.2 Type and Size of Contracts132.6 Two-Stage Bidding142.7 Notification and Advertising142.9 Prequalification of Bidders15B. Bidding Documents152.11 General152.13 Validity of Bids and Bid Security162.15 Language162.16 Clarity of Bidding Documents172.19 Standards182.20 Use of Brand Names182.21 Pricing182.24 Price Adjustment192.26 Transportation and Insurance192.28 Currency Provisions202.29 Currency of Bid202.31 Currency Conversion for Bid Comparison202.32 Currency of Payment212.34 Terms and Methods of Payment212.37 Alternative Bids222.38 Conditions of Contract222.39 Performance Security222.41 Liquidated Damages and Bonus Clauses222.42 Force Majeure232.43 Applicable Law and Settlement of Disputes23C. Bid Opening, Evaluation, and Award of Contract232.44 Time for Preparation of Bids232.45 Bid Opening Procedures242.46 Clarifications or Alterations of Bids242.47 Confidentiality242.48 Examination of Bids242.49 Evaluation and Comparison of Bids252.55 Domestic Preferences262.57 Extension of Validity of Bids262.58 Postqualification of Bidders262.59 Award of Contract272.60 Publication of the Award of Contract272.61 Rejection of All Bids272.65 Debriefing28D. Modified ICB282.66 Operations Involving a Program of Imports282.68 Procurement of Commodities28III. Other Methods of Procurement303.1 General303.2 Limited International Bidding303.3 National Competitive Bidding303.5 Shopping313.6 Direct Contracting313.8 Force Account323.9 Procurement from United Nations Agencies323.10 Procurement Agents323.11 Inspection Agents333.12 Procurement in Loans to Financial Intermediaries333.13 Procurement under BOO/BOT/BOOT, Concessions and Similar Private Sector Arrangements333.14 Performance-Based Procurement343.16 Procurement under Loans Guaranteed by the Bank343.17 Community Participation in Procurement34Appendix 1: Review by the Bank of Procurement Decisions361. Scheduling of Procurement362. Prior Review365. Post Review38Appendix 2: Domestic Preferences391. Preference for Domestically Manufactured Goods397. Preference for Domestic Contractors40Appendix 3: Guidance to Bidders411. Purpose412. Responsibility for Procurement413. Banks Role415. Information on Bidding426. Bidders Role4210. Confidentiality4311. Action by the Bank4315.Debriefing43AcronymsBOOBuild, own, operateBOOTBuild, own, operate, transferBOTBuild, operate, transferCIFCost, Insurance, and FreightCIPCarriage and Insurance Paid (place of destination)CPTCarriage Paid To (named place of destination)DDPDelivered Duty PaidEXWEx works, Ex factory, or Off the ShelfFCAFree Carrier (named place)GNPGross National ProductIBRDInternational Bank for Reconstruction and Development (World Bank)ICBInternational Competitive BiddingIDAInternational Development AgencyLIBLimited International BiddingNCBNational Competitive BiddingNGONongovernmental organizationPADProject Appraisal DocumentSASpecial AccountSBDsStandard Bidding DocumentsUNUnited NationsUNDBUnited Nations Development BusinessI. IntroductionPurpose1.1The purpose of these Guidelines is to inform those carrying out a project that is financed in whole or in part by a loan from the International Bank for Reconstruction and Development (IBRD) or a credit or grant from the International Development Association (IDA), Procurement requirements of IBRD and IDA are identical, and references in these Guidelines to the Bank include both IBRD and IDA, and references to loans include IBRD Loans as well as IDA credits or grants and project preparation advances (PPAs). References to Loan Agreement includes Development Credit Agreement, Development Financing Agreement, Development Grant Agreement, and Project Agreement. References to “Borrower” include the recipient of an IDA Grant. of the policies that govern the procurement of goods, works, and services (other than consultant services) References to “goods” and “works” in these Guidelines include related services such as transportation, insurance, installation, commissioning, training, and initial maintenance. “Goods” includes commodities, raw material, machinery, equipment, and industrial plant. The provisions of these Guidelines also apply to services which are bid and contracted on the basis of performance of a measurable physical output, such as drilling, mapping, and similar operations. These Guidelines do not refer to Consultants services, to which the current Guidelines: Selection and Employment of Consultants by World Bank Borrowers apply (referred to herein as Consultant Guidelines). required for the project. The Loan Agreement governs the legal relationships between the Borrower and the Bank, and the Guidelines are made applicable to procurement of goods and works for the project, as provided in the agreement. The rights and obligations of the Borrower and the providers of goods and works for the project are governed by the bidding For the purposes of these Guidelines, the words “bid” and “tender” shall have the same meaning. documents, and by the contracts signed by the Borrower with the providers of goods and works, and not by these Guidelines or the Loan Agreements. No party other than the parties to the Loan Agreement shall derive any rights therefrom or have any claim to loan proceeds.General Considerations1.2The responsibility for the implementation of the project, and therefore for the award and administration of contracts under the project, rests with the Borrower. In some cases, the Borrower acts only as an intermediary, and the project is carried out by another agency or entity. References in these Guidelines to the Borrower include such agencies and entities, as well as Sub-Borrowers under on-lending arrangements. The Bank, for its part, is required by its Articles of Agreement to “ensure that the proceeds of any loan are used only for the purposes for which the loan was granted, with due attention to considerations of economy and efficiency and without regard to political or other non-economic influences or considerations,” The Banks Articles of Agreement; Article III, Section 5(b) and IDAs Articles of Agreement; Article V, Section 1(g). and it has established detailed procedures for this purpose. While in practice the specific procurement rules and procedures to be followed in the implementation of a project depend on the circumstances of the particular case, four considerations generally guide the Banks requirements:(a)the need for economy and efficiency in the implementation of the project, including the procurement of the goods and works involved;(b)the Banks interest in giving all eligible bidders from developed and developing countries See para. 1.6, 1.7, and 1.8. the same information and equal opportunity to compete in providing goods and works financed by the Bank;(c)the Banks 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.1.3Open competition is the basis for efficient public procurement. Borrowers shall select the most appropriate method for the specific procurement. In most cases, International Competitive Bidding (ICB), properly administered, and with the allowance for preferences for domestically manufactured goods and, where appropriate, for domestic contractors For purposes of these Guidelines, “Contractor” refers only to a firm providing construction services. for works under prescribed conditions is the most appropriate method. In most cases, therefore, the Bank requires its Borrowers to obtain goods, works and services through ICB open to eligible suppliers and contractors. See para. 1.6, 1.7, and 1.8. Section II of these Guidelines describes the procedures for ICB.1.4Where ICB is not the most appropriate method of procurement, other methods of procurement may be used. Section III describes these other methods of procurement and the circumstances under which their application would be more appropriate. The particular methods that may be followed for procurement under a given project are provided for in the Loan Agreement. The specific contracts to be financed under the project, and their method of procurement, consistent with the Loan Agreement, are specified in the Procurement Plan as indicated in paragraph 1.16 of these Guidelines.Applicability of Guidelines1.5The procedures outlined in these Guidelines apply to all contracts for goods and works financed in whole or in part from Bank loans. This includes those cases where the Borrower employs a procurement agent under para. 3.10. For the procurement of those contracts for goods and works not financed from a Bank loan, the Borrower may adopt other procedures. In such cases the Bank shall be satisfied that the procedures to be used will fulfill the Borrowers obligations to cause the project to be carried out diligently and efficiently, and that the goods and works to be procured:(a)are of satisfactory quality and are compatible with the balance of the project;(b)will be delivered or completed in timely fashion; and(c)are priced so as not to affect adversely the economic and financial viability of the project.Eligibility1.6To foster competition the Bank permits firms and individuals from all countries to offer goods, works, and services for Bank-financed projects. Any conditions for participation shall be limited to those that are essential to ensure the firms capability to fulfill the contract in question The Bank permits firms and individuals from Taiwan, China, to offer goods, works, and services for Bank-financed projects. 1.7In connection with any contract to be financed in whole or in part from a Bank loan, the Bank does not permit a Borrower to deny pre- or post-qualification to a firm for reasons unrelated to its capability and resources to successfully perform the contract; nor does it permit a Borrower to disqualify any bidder for such reasons. Consequently, Borrowers should carry out due diligence on the technical and financial qualifications of bidders to be assured of their capabilities in relation to the specific contract. 1.8As exceptions to the foregoing:(a)Firms of a country or goods manufactured in a country may be excluded if, (i) as a matter of law or official regulation, the Borrowers country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or works required, or (ii) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrowers country prohibits any import of goods from, or payments to, a particular country, person, or entity. Where the Borrowers country prohibits payments to a particular firm or for particular goods by such an act of compliance, that firm may be excluded.(b)A firm which has been engaged by the Borrower to provide consulting services for the preparation or implementation of a project, and any of its affiliates, shall be disqualified from subsequently providing goods, works, or services resulting from or directly related to the firms consulting services for such preparation or implementation. This provision does not apply to the various firms (consultants, contractors, or suppliers) which together are performing the contractors obligations under a turnkey or design and build contract. See para. 2.5.(c)Government-owned enterprises in the Borrowers country may participate only if they can establish that they (i) are legally and financially autonomous, (ii) operate under commercial law, and (iii) are not dependent agencies of the Borrower or Sub-Borrower. Other than Force Account units, as permitted under para. 3.8.(d)A firm sanctioned by the Bank in accordance with subparagraph (d) of paragraph 1.14 of these Guidelines or in accordance with the World Bank Group Anti-Corruption policies and sanction procedures For purposes of this sub-paragraph, the relevant World Bank Group Anti-Corruption policies are set forth in the Guidelines On Preventing and Combating Fraud and Corruption in Projects financed by IBRD Loans and IDA Credits and Grants, and in the Anti-corruption Guidelines for IFC, MIGA, and World Bank Guarantee Transactions. The Banks sanctions procedures are publicly disclosed on its external website. shall be ineligible to be awarded a Bank-financed contract or to benefit from a Bank-financed contract, financially or otherwise, during the period of time determined by the Bank.Advance Contracting and Retroactive Financing1.9 The Borrower may wish to proceed with the initial steps of procurement before signing the related Bank loan. In such cases, the procurement procedures, including advertising, shall be in accordance with the Guidelines in order for the eventual contracts to be eligible for Bank financing, and the Bank shall review the process used by the Borrower. A Borrower undertakes such advance contracting at its own risk, and any concurrence by the Bank with the procedures, documentation, or proposal for award does not commit the Bank to make a loan for the project in question. If the contract is signed, reimbursement by the Bank of any payments made by the Borrower under the contract prior to loan signing is referred to as retroactive financing and is only permitted within the limits specified in the Loan Agreement.Joint Ventures1.10Any firm may bid independently or in joint venture confirming joint and several liability, either with domestic firms and/or with foreign firms, but the Bank does not accept conditions of bidding which require mandatory joint ventures or other forms of mandatory association between firms.Bank Review1.11The Bank reviews the Borrowers procurement procedures, documents, bid evaluations, award recommendations, and contracts to ensure that the procurement process is carried out in accordance with the agreed procedures. These review procedures are described in Appendix 1. The Procurement Plan approved by the Bank See paragraphs 1.16. shall specify the extent to which these review procedures shall apply in respect of the different categories of goods and works to be financed, in whole or in part, from the Bank loan.Misprocurement1.12The 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. See paragraph 1.16. 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 Banks approval.References to Bank1.13 If the Borrower wishes to refer to the Bank in procurement documents, the following language shall be used:“(name of Borrower) has received (or in appropriate cases has applied for) a loan from the International Bank for Reconstruction and Development (the “Bank”) in an amount equivalent to USD toward the cost of (name of project), and intends to apply a portion of the proceeds of this loan to eligible payments under this contract. Payment by the Bank will be made only at the request of (name of Borrower or designate) and upon approval by the Bank, and will be subject, in all respects, to the terms and conditions of the Loan Agreement. The Loan Agreement prohibits a withdrawal from the Loan Account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Bank, is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations IBRDs General Conditions Applicable to Loans and Guarantee Agreements; Article V; Section 5.01 and IDAs General Conditions Applicable to Development Credit Agreements; Article V; Section 5.01 . No party other than (name of Borrower) shall derive any rights from the Loan Agreement or have any claim to the proceeds of the loan.” Substitute “credit,” “International Development Association,” and “Credit Agreement,” as appropriate.Fraud and Corruption1.14It is the Banks policy to require that Borrowers (including beneficiaries of Bank loans), as well as bidders, suppliers, and contractors and their agents (whether declared or not), personnel, subcontractors, sub-consultants, service providers or suppliers, under Bank-financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts. In this context, any action taken by a bidder, supplier, contractor, or any of its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/or their employees to influence the procurement process or contract execution for undue advantage is improper. In pursuance of this policy, the Bank:(a)defines, for the purposes of this provision, the terms set forth below as follows:(i)“corrupt practice” For the purpose of these Guidelines, “another party” refers to a public official acting in relation to the procurement process or contract execution. In this context, “public official” includes World Bank staff and employees of other organizations taking or reviewing procurement decisions. is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;(ii) “fraudulent practice” For the purpose of these Guidelines, “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to influence the procurement process or contract execution. is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;(iii)“collusive practice” For the purpose of these Guidelin