SC ADMINISTRATIVE CIRCULAR NO. 60-2003, November 18, 2003
PROCUREMENT POLICY GUIDELINES AND PROCEDURES FOR THE JUDICIAL REFORM SUPPORT PROJECT
1. OBJECTIVES
1.1.
implementation of the Judicial Reform Support Project (JRSP) through the
timely procurement of Goods, Works, and Services;1.2 1.3 1.4
2. DEFINITION OF TERMS
For purposes of this JRSP Procurement Guidelines, the
following terms or words and phrases shall mean or be understood as
follows:
refer to documents issued by the JRSP-BAC as the bases for bids,
furnishing all information necessary for a prospective bidder to prepare
a bid for the Goods, Works, and Services to be provided.
signed offer or proposal to undertake a contract submitted by a
supplier, manufacturer, distributor, contractor o r consultant in
response to and in consonance with the requirements of the Bidding
Documents.
refers to a method of procurement which is open to participation by any
interested party and which consists of processes and lead times as
stipulated in the appendices 1 to 7 of this Administrative Circular.
refer to services for infrastructure and other types of projects or
activities of the Court requiring adequate external technical and
professional expertise that are beyond the capability and/or capacity of
the Court to undertake such as, but not limited to: (i) advisory and
review services; (ii) pre-investment or feasibility studies; (iii)
design; (iv) construction supervision; (v) management and related
services; and (vi) other technical services or special studies.Goods – refer to all items, supplies, materials and general support services, except consulting services and works.
the Judicial Reform Support Project – Bids and Awards Committee as
referred to under Section 6 of this Administrative Circular.
3. SCOPE
This Administrative Order
applies to the procurement of all types of works, goods, and services in
the implementation of the JRSP.
4. RESPONSIBILITY AND ACCOUNTABILITY
efficient and timely administration of Administrative Circular is vested
on the Supreme Court’s Program Management Office (PMO), the JRSP Bids
and Awards Committee (JRSP-BAC), and all other offices whose functions
are within the scope of this Administrative Circular. This
responsibility carries with it corresponding accountability of officials
involved.
done through, or with the assistance of the PMO. The Project
Implementation Monitoring and Evaluation Group of the PMO (PMO-PIMEG)
will manage the specific procurement activities, and track their
baseline schedule and actual progress. The Program Director of the PMO
will be responsible for the overall monitoring of the procurement
process, particularly, the notification of the lagging activities and
the responsible offices.
Bank concerning procurement issues and activities shall be coursed
through the Program Director for final review and recommendation to the
Chief Justice or the Judicial Reform Program Executive Committee
(JRP-EXECOM), as the case may be.
Procurement Structure showing the relationships and
communication/coordination flow with other offices and the Bank is in
Appendix 1 of this Administrative Circular.
5. LEGAL FRAMEWORK
formulated in fulfillment of a major legal commitment of the Government
of the Philippines (GOP) with the World Bank (WB) and therefore, have
the force and effect of a legal instrument for compliance of all
concerned with the implementation of the JRSP. The provisions of these
guidelines are basically premised and substantially based on, and in
some parts or instances, literally quoted or drawn from:
The Loan Agreement executed by and between the GOP and the WB on
October 2, 2003 shall govern the legal relationship between the Bank and
the Supreme Court as the Project’s Implementing Agency. The terms and
conditions set forth therein for the procurement of goods, works and
consulting services shall be observed in consonance with the Bank
Guidelines.
procurement, the Guidelines: Procurement under IBRD Loan and Credits,
January 1995, revised January and August 1996, September 1997 and
January 1999 shall be used.
Consultants, the Guidelines: Selection and Employment of Consultants by
World Bank Borrowers, January 1997, revised in September 1997, January
1999 and May 2002 shall be used.
Act Providing for the Modernization, Standardization and Regulation of
the Procurement Activities of the Government and for Other Purposes) and
its Implementing Rules and Regulations (IRR).
6. THE BIDS AND AWARDS COMMITTEE
Pursuant to the provisions of Section 11[1] of R.A. 9184, the JRSP-Bids
and Awards Committee (JRSP-BAC) is hereby created to be headed by the
Court Administrator as Chairman, a Deputy Court Administrator as
Vice-Chairman, and the following as members: Head of the Fiscal
Management and Budget Office, Head of the Office of the Administrative
Services, Technical Working Chair of the Committee on the Halls of
Justice, Head of the Management Information System Office, and the
Deputy Program Director of the Program Management Office.
cause, the members of the JRSP-BAC shall have a fixed term of one (1)
year reckoned from the date of appointment renewable at the discretion
of the Chief Justice of the Supreme Court (Chief Justice). In case of
resignation, retirement, separation, transfer, reassignment or removal,
the replacement shall serve only for the unexpired term: Provided, That
in case of leave or suspension, the replacement shall serve only for the
duration of the leave or suspension. For justifiable causes, a member
shall be suspended or removed by the Chief Justice.6.2 Functions. The JRSP-BAC shall have the following powers and functions:
1) Advertise and/or post the invitation to bid; 2) Conduct pre-procurement and pre-bid conferences; 3) Determine the eligibility of prospective bidders; 4) Receive bids; 5) Conduct the evaluation of bids; 6) Undertake post-qualification proceedings; 7)
Chief Justice or his duly authorized representative: Provided, That in
the event the Chief Justice shall disapprove such recommendation, such
disapproval shall be based only on valid, reasonable and justifiable
grounds to be expressed in writing, copy furnished the BAC;8) Recommend the imposition of sanctions as provided in Section 9.3 of this Administrative Circular, 9) Perform such other functions as may be necessary.
There is hereby created a Secretariat to assist the JRSP-BAC in the
conduct of its functions. It will serve as the main support unit of the
Committee. It shall be headed by the Director of the PMO-PIMEG, with two
(2) technical staff and one (1) administrative staff from the PMO as
members.
7. APPROVING AUTHORITY FOR JRSP CONTRACTS
Officials for all JRSP contracts (goods, works and services) shall be in
accordance with the following thresholds:
(i) Above P10.0M Supreme Court En Banc (ii) Above P1.0M up to P10.0M Chief Justice (iii) P1.0M and below Program Director
goods, works, and services procured under the JRSP, the Authorized
Officials to approve and authorize payment shall be in accordance with
the following thresholds:
(i) Above P10.0M Supreme Court En Banc (ii) Above P1.0M up to P10.0M Chief Justice (iii) P1.0M and below Program Director
8. METHODS OF PROCUREMENT AND PROCEDURES
8.1 GOODS AND WORKS
Except as provided in section 8.1.2 of this
Administrative Circular, goods and works shall be procured under
contracts awarded in accordance with the provisions of Section II of the
World Bank Guidelines on Procurement under IBRD Loans and IDA Credits
(hereafter refer to as Bank Guidelines; Section II is on International
Competitive Bidding, see Annex A) and paragraph 5[2] of Appendix 1 thereto.8.1.1 International Competitive Bidding
The following provisions shall apply to goods and
works to be procured under contracts awarded in accordance with the
provisions of the above paragraph.1. Grouping of Contracts
To the extent practicable, contracts for works shall
be grouped in bid packages estimated to cost $500,000 equivalent or more
each, and contracts of goods shall be grouped in bid packages estimated
to cost $200,000, equivalent or more each.2. Preference of Domestically Manufactured Goods
The provisions of paragraph 2.54 and 2.55 of the Bank
Guidelines (see paragraphs 2.54 and 2.55 of Annex A) and Appendix 2
thereto (see Annex B) shall apply to goods manufactured in the territory
of the Borrower.3. Notification and Advertising
The Invitation to pre-qualify or bid for each contract
estimated to cost $10,000,000 equivalent or more shall be advertised in
accordance with the procedures applicable to large contracts under
paragraph 2.8 of the Bank Guidelines (see paragraph 2.8 of Annex A).8.1.2 Other Procurement Procedures
1. National Competitive Bidding
Goods estimated to cost less than $200,000 equivalent
per contract, up to an aggregate amount not to exceed $300,000
equivalent, and works estimated to cost less than $500,000 equivalent
per contract, up to an aggregate amount not to exceed $3,000,000
equivalent, may be procured under contracts awarded in accordance with
the provisions of paragraph 3.3[3] and 3.4[4] of the Bank Guidelines.2. National Shopping
Goods estimated to cost less than $50,000 equivalent
per contract, up to an aggregate amount not to exceed $100,000
equivalent, may be procured under contracts awarded on the basis of
national shopping procedures in accordance with the provisions of
paragraph 3.5[5] and 3.6[6] o f the B ank Guidelines.8.1.3 Review by the Bank of Procurement Decisions
1. Procurement Planning
Prior to issuance of any invitations to bid for
contracts, the proposed procurement plan for the Project shall be
furnished to the Bank for its review and approval, in accordance with
the provisions of paragraph lot Appendix 1 to the Bank Guidelines (see
paragraph 1 of Annex C). Procurement of all goods and works shall be
undertaken in accordance with such procurement plan as shall have been
approved by the Bank, and the provisions of said paragraph 1.2. Prior Review
With respect to each contract for works estimated to
cost the equivalent of $500,000 or more and each contract for goods
estimated to cost of $500,000 or more procedures set forth in paragraph 2
and 3 of Appendix 1 to the Bank Guidelines shall apply (see paragraphs 2
and 3 of Annex C).3. Post Review
With respect to each contract not governed by
paragraph 2 of this part, the procedures set forth in paragraph 4 of
Appendix 1 to the Bank Guidelines shall apply (see paragraph 4 of Annex
C).In executing the procurement process, the
appropriate Bank’s Standard Bidding Documents will be used. The
processes and flowcharts of NCB ICB and National Shopping are detailed
in Appendices 2, 3 and 4 respectively of this Administrative Circular.8.2 EMPLOYMENT OF CONSULTANTS
8.2.1 Quality-and Cost-based Selection
Except as otherwise provided in Section 8.2.2 of this
Administrative Circular, consultants’ services shall be procured under
contracts awarded in accordance with the provisions of Section II of the
Bank Guidelines on Selection and Employment of Consultants (hereafter
refer to as Consultant Guidelines; Section II is on Quality And
Cost-Based Selection, see Annex D), and the provisions of paragraph 3.13
through 3.18 thereof applicable to quality-and cost-based selection of
consultants (see Annex E).8.2.2 Other Procedures for the Selection of Consultants
1. Quality-based Selection
Services for improving case adjudication and access
to justice, and the establishment of an electronic judicial library,
under Parts A and C4 of the Project (referring to Schedule 2 of the JRSP
Loan Agreement), may be procured under contracts awarded in accordance
with the provisions of paragraph 3.1 through 3.4 of the Consultant
Guidelines (see Annex F).2. Selection Based on Consultants’ Qualification
Services for strengthening institutional capacity
under Part C of the Project (referring to Schedule 2 of the JRSP Loan
Agreement), estimated to cost less than $100,000 equivalent per
contract, may be procured under contracts awarded in accordance with the
provisions of paragraph 3.1 (see Annex F) and 3.7[7] of the Consultant
Guidelines.3. Single Source Selection
Services for enhancing institutional integrity and
for the implementation of a decentralized organization model, under
Parts B and C.1 of the Project (referring to Schedule 2 of the JRSP Loan
Agreement), may, with the Bank’s prior agreement, be procured in
accordance with the provisions of paragraph 3.8 through 3.11 of the
Consultant Guidelines (see Annex G).4. Individual Consultants
Services of Individual Consultants for:
(a)
management under Part D.I of the Project (referring to Schedule 2 of the
JRSP Loan Agreement), shall be procured under contracts awarded in
accordance with the provisions of paragraph 5.1 through 5.3 of the
Consultant Guidelines (see Annex H); and(b)
management under Part D.2 of the Project (referring to Schedule 2 of the
JRSP Loan Agreement), may be selected on a sole-source basis in
accordance with the provisions of paragraph 5.3 and 5.4 of the
Consultant Guidelines (see Annex H), subject to prior approval of the
Bank.8.3 REVIEW OF THE BANK OF THE SELECTION OF CONSULTANTS
8.3.1 Selection Planning
A plan for the selection of consultants, which shall
include contract cost estimates, contract packaging, and applicable
selection criteria and procedures, shall be furnished to the Bank for
its review and approval’ prior to the issuance to consultants of any
requests for proposals. Such plan shall be updated every six months
during the execution of the Project, and each such updating shall be
furnished to the Bank for its review and approval. Selection of all
consultants’ services shall be undertaken in accordance with such
selection plan (as updated from time to time) as shall been approved by
the Bank.8.3.2 Prior Review
(a)
contract for the employment of consulting firms estimated to cost the
equivalent of $100,000 or more, the procedures set forth in paragraphs
2, 3 and 5 of Appendix 1 to the Consultant Guidelines shall apply (see
paragraph 2, 3 and 5 of Annex I).(b)
the employment of individual consultants: (i) estimated to cost the
equivalent of $50,000 or more, the report on the comparison of the
qualifications and experience of candidates, the terms of reference and
the terms of employment of the consultants shall be furnished to the
Bank for its prior review and approval; and (ii) to be selected on a
sole source basis, the qualifications, experience, terms of reference
and terms of employment of the consultants shall be furnished to the
Bank for its prior review and approval. The contract shall be awarded
only after the said approval shall have been given. The provisions of
paragraph 3 of Appendix 1 to the Consultant Guidelines shall apply to
such contract (see paragraph 3 of Annex8.3.3 Post Review
With respect to each contract not governed by Section
8.3.2, the procedures set forth in paragraph 4 of Appendix 1 to the Bank
Consultant Guidelines shall apply (see paragraph 4 of Annex I).In executing the procurement process, the appropriate Bank’s Standard Request for-Proposals will be used.
The different processes and flowcharts of the
abovementioned selection methods are detailed in Appendices 4 to 7 of
this Administrative Circular.
9. STANDARD PROCESSING TIME
9.1
Bank Guidelines and pertinent provisions of R.A. No. 9184, the Supreme
Court hereby mandates observance and adherence to the procurement
activities and the corresponding lead times set in the various
procurement methods applicable for this Project (see Appendices 2 to 7).
Lead times established herein shall be the maximum allowable time per
activity.9.2
could not be met, or in case of emergency or unanticipated
requirements, the responsible office shall provide written justification
for the delay in compliance.9.3
employees and private individuals who shall fail to comply with the
provisions of this Administrative Circular without just cause shall be
held liable and subject to sanctions/penalties provided under Articles
XXI to XXIII of R.A. 9184 (see Annex J).9.4
of PMO, JRSP-BAC, WB or complaints from any party, the Court’s
Complaints and Investigation Division shall determine
non-compliance/violations by SC/JRSP officials and employees of
provisions of this Administrative Order, and impose the appropriate
sanctions to be meted out to those found to have violated the herein
provisions. The Complaints and Investigation Division shall complete its
investigation/evaluation of each case and shall submit its
findings/recommendations to the Office of the Chief Justice within
thirty (30) days from the date the particular case has been brought to
its attention. The Complaints and Investigation Division, in its
performance of its duties and responsibilities under this Administrative
Circular, may call upon any SC/JRSP officer and personnel to aid it in
its investigation/evaluation of specific cases. In this regard, all
JRSP-concerned offices are hereby directed to provide assistance
whenever called upon by the Complaints and Investigation Division in the
performance of its duties a nd responsibilities as prescribed under
this Administrative Circular.
10. OTHER GUIDELINES
10. 1 10.2
The PMO shall be responsible for procurement packaging. Factors to be
considered may include type and nature of the work and goods to be
procured, timing of delivery or completion with respect to other
relevant contracts and the threshold allowed for the procurement method
to be used.10.3 10.4
11. FORMS
11.1 For Procurement of Works and Goods:
• Guidelines: Procurement under IBRD Loan and Credits
(January 1995, revised January and August 1996, September 1997 and
January 1999)
• Standard Pre-qualification Documents, Procurement of Works (September 1999)
• Standard Bidding Documents, Procurement of Works (July 1995, revised 1999.
• Standard Bidding Documents, Procurement of Works, Smaller Contracts
(January 1995, with 4 Corrigenda, dated 10/06/96, 01/01/99, 10/21/99 and
01/22/2000)
• Standard Bidding Documents, Procurement of Goods (January 1995, Revised March 2000, January 2001 and March 2002)11.2 For Procurement of Consultants:
• Guidelines: Selection and Employment of Consultants by
World Bank Borrowers (January 1997, revised September 1997, and January
1999.
• Standard Request for Proposals, Selection of Consultants (July 1997, revised April 1998 and July 1999)
• Sample Form of Evaluation Report, Selection of Consultant (July 1998)
12. EFFECTIVITY
This Administrative Circular takes effect on the first day of December, 2003
Issued this 18th day of November 2003.
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(Sgd.) HILARIO G. DAVIDE, Jr.
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Chief Justice
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procuring entity shall establish a single BAC for its procurement. The
BAC shall have at least five (5) members, but not more than sever (7)
members. It shall be chaired by at least a third ranking permanent
official of the procuring entity other than its head, and its
composition shall be specified in the IRR. Alternatively, as may be
deemed fit by the head of the procuring entity, there may be separate
BACs where the number and complexity of the items to be procured shall
so warrant. Similar BACs for decentralized and lower level offices may
be designated by the head of the Procuring Entity. However, in no case
shall approving authority be a member of the BAC.
[2] If a
contract awarded under ICB procedures to a local bidder is written in
the national language, a certified translation of the contract in either
English, French, or Spanish shall be furnished to the Bank together
with the conformed copy of the contract. Such certified translations
shall also be furnished to the Bank, for any subsequent modifications of
such contracts.
[3] National
Competitive Bidding (NCB) is the competitive bidding procedure normally
used for public procurement in the country of the Borrower, it mat be
the most efficient and economical way of procuring goods or works which,
by their nature or scope are unlikely to attract foreign competition.
To be acceptable for use in Bank-financed procurement, these procedures
shall be reviewed and modified as necessary to assure economy,
efficiency, transparency, and broad consistency with the provision
included in section 1 of these Guidelines. NCB may be preferred method
of procurement where foreign bidders are not expected to be interested
because (i) the contract values are small, (ii) works are scattered
geographically or spread over time, (iii) works are labor intensive, or
(iv) the goods or works are available locally at prices below the
international market. NCB procedures may also be used where the
advantages of ICB are clearly outweighed by the administrative or
financial burden involved.
[4]
Publication of a General Procurement Notice is not required for NCB, and
advertising may be limited to the national press or official gazette.
Bidding documents may be an official language of the country, and local
currency is generally used for the purpose of bidding and payment.
Adequate response time for preparation and submission of bids shall be
provided. The procedures shall provide for adequate competition in order
to ensure reasonable prices, and methods used in the evaluation of bids
and the award of contracts shall be made known to all bidders and not
be applied arbitrarily. If foreign firms wish to participate under these
circumstances, they shall be allowed to do so.
[5] Shopping
is a procurement method based on comparing price quotations obtained
from several Suppliers, usually at least three, to assure competitive
prices, and is appropriate method for procuring readily available
off-the-shelf goods or standard specification commodities that are small
in value. Request for quotations shall indicate the description and
quantity of the goods, as well as desired delivery time and place.
Quotations may be submitted by telex or facsimile. The evaluation of
quotations shall follow sound public or private sector practices of the
purchaser. The items of the accepted offer shall be incorporated in a
purchase order.
[6]
International shopping shall solicit quotations from at least three
Suppliers in two different countries. National shopping may be used
where the desired goods are ordinarily available from more than one
source in the country of the Borrower at competitive prices.
[7] This
method may be used for very small assignments for which the need for
preparing and evaluating competitive proposals is not justified. In such
cases, the Borrower shall prepare the TOR, request expressions of
interest and information on the consultants’ experience and competence
relevant to the assignment, establish a short list, and select the firm
with the most appropriate qualifications and references. The selected
firm shall be asked to submit a combined technical-financial proposal
and then be invited to negotiate the contract.
LIST OF ANNEXES
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“A”
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International Competitive Bidding (Section 2 of the World Bank Guidelines for
Procurement under IBRD Loans and IDA Loans) |
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“B”
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Domestic Preferences (Appendix 2 of the World Bank Guidelines for
Procurement under IBRD Loans and IDA Loans) |
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“C”
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Review by the Bank of Procurement Decisions (Appendix 1 of the Word Bank
Guidelines for Procurement under IBRD Loans and IDA Loans) |
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“D”
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Quality-And Cost-Based Selection (Section 2 of the World Bank Guidelines for
Selection and Employment of Consultants) |
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“E”
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Selection of Particular Types of Consultants (Sections 3.13 to 3.18 of the World
Bank Guidelines for Selection and Employment of Consultants) |
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“F”
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Quality-Based Selection (Section 3.1 to 3.4) of the World Bank Guidelines for
Selection and Employment of Consultants) |
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“G”
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Single-Source Selection (Sections 3.8 to 3.11 of the World Bank Guidelines for
Selection and Employment of Consultants) |
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“H”
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Selection of Individual Consultants (Section 5 of the World Bank Guidelines for
Selection and Employment of Consultants) |
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“I”
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Review by the Bank of the Selection of Consultants (Appendix 1 to the World
Bank Guidelines for Selection and Employment of Consultants) |
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“J”
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Sanctions (Articles 21 to 23 of Republic Act No. 9184)
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“K”
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Protest Mechanism (Article 17 of Republic Act No. 9184)
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LIST OF APPENDICES
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“1”
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Project Implementation and Procurement Structure |
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“2”
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Procurement Process and Flow Chart for National Competitive Bidding (NCB) |
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“3”
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Procurement Process and Flow Chart for International Competitive Bidding (ICB) |
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“4”
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Process and Flow Chart for National Shopping |
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“5”
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Process and Flow Chart for Quality and Cost-Based Selection (QCBS) |
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“6”
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Process and Flow Chart for Selection Based on Consultant’s Qualifications (SBCQ) |
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“7”
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Process and Flow Chart for Selection of Individual Consultant |
ANNEX “A”
II. INTERNATIONAL COMPETITIVE BIDDING
A. General
Introduction
| 2.1 | The objective of International Competitive Bidding (ICB), as described in these Guidelines, is to provide all eligible prospective bidders with timely and adequate notification of a Borrower’s requirements and an equal opportunity to bid for the required goods and works. |
Type and Size of Contracts
| 2.2 | The bidding documents shall clearly state the type of contract to be entered into and contain the proposed contract provisions appropriate therefore. The most common types of contracts provide for payments on the basis .of a lump sum, unit prices, reimbursable cost plus fees, or combinations thereof. Reimbursable cost contracts are acceptable to the Bank only in exceptional circumstances such as conditions of high risk or where costs cannot be determined in advance with sufficient accuracy. Such contracts shall include appropriate incentives to limit costs. |
| 2.3 |
The size and scope of individual contracts will depend on the magnitude, nature and location of the project. For projects requiring a variety of goods and works, separate contracts generally are awarded for the supply and/or installation of different items of equipment and plant[1] and for the works.
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| 2.4 |
For a project requiring similar but separate items of equipment or
works, bids may be invited under alternative contract options that would attract the interest of both small and large firms, which could be allowed, at their option, to bid for individual contracts (slices) or for a group of similar contracts (package). All bids and combinations of bids shall be received by the same deadline and opened and evaluated simultaneously so as to determine the bid or combination of bids offering the lowest evaluated cost to the Borrower. [2] |
| 2.5 |
In certain cases, such as special
processes, closely integrated manufacturing, or works of a special nature, the Bank may accept or require a turnkey contract under which the design and engineering, the supply and installation of equipment and the construction of a complete industrial plant or works are provided under one contract. Alternatively, the Borrower may remain responsible for the design and engineering, and invite bids for a single responsibility contract for the supply and installation of all goods and works required for the project component. Design and build, and appropriate. management contracting[3] contracts are also acceptable where appropriate. |
Two-Stage Bidding
| 2.6 |
Detailed design and
engineering of the goods and works to be provided, including the preparation of technical specifications and other bidding documents, normally precede the invitation to bid for major contracts. However, in the case of turnkey contracts or contracts for large complex plants or works of a special nature it may be undesirable or impractical to prepare complete technical specifications in advance. In such a case a two-stage bidding procedure may be used, under which first unpriced technical proposals on the basis of a conceptual design or performance specifications are invited, subject to technical as well as commercial clarifications and adjustments, to be followed by amended bidding documents and the submission of final technical proposals and priced bids in the second stage These procedures are also appropriate in the procurement of equipment which is subject to rapid technological advances, such as major computer and communications systems.[4] |
Notification and Advertising
| 2.7 |
Timely notification of
bidding opportunities is essential in competitive bidding. For projects which include procurement on the basis of ICB, the Borrower is required to prepare and submit to the Bank a draft General Procurement Notice. The Bank will arrange for its publication in Development Business (UNDB).[5] The Notice shall contain information concerning the Borrower (or prospective Borrower), amount and purpose of the loan, scope of procurement under ICB, and the name and address of the Borrower’s agency responsible for procurement. If known, the scheduled date for availability of prequalification or bidding documents should be indicated. The Borrower shall maintain a list of responses to the notice. The related prequalification or bidding documents, as the case may be, shall not be released to the public earlier than eight weeks after the date of publication of the notice. The General Procurement Notice shall be updated annually for all outstanding procurement. |
| 2.8 |
The international community shall also be
notified in a timely manner of the opportunities to bid for specific contracts. To that end, invitations to prequalify or to bid, as the case may be, shall be advertised as Specific Procurement Notices in at least one newspaper of national circulation in the Borrower’s country (and in the official gazette, if any). Such invitations shall also be transmitted to those who have expressed interest in bidding in response to the General Procurement Notice. Publication of the invitations in the Development Business is also encouraged. Borrowers are also strongly encouraged to transmit such invitations to embassies and trade representatives of countries of likely suppliers and contractors. Additionally, for large, specialized or important contracts, Borrowers shall advertise the invitations in Development Business and/or well-known technical magazines, newspapers and trade publications of wide international circulation. Notification shall be given in sufficient time to enable prospective bidders to obtain prequalification or bidding documents and prepare and submit their responses.[6] |
Prequalification of Bidders
| 2.9 |
Prequalification is usually
necessary for large or complex works, or in any other circumstances in which the high costs of preparing detailed bids could discourage competition, such as custom-designed equipment, industrial plant, specialized services, and contracts to be let under turnkey, design and build, or management contracting. This also ensures that invitations to bid are extended only to those who have adequate capabilities and resources. Prequalification may also be useful to determine eligibility for preference for domestic contractors where this is allowed. Prequalification shall be based entirely upon the capability and resources of prospective bidders to perform the particular contract satisfactorily taking into account their (1) experience and past performance on similar contracts (ii) equipment, and construction or manufacturing facilities, and (iii) financial position.[7] |
| 2.10 |
The invitation to prequalify for bidding
on specific contracts or groups of similar contracts shall be advertised and notified as described in paragraphs 2.7 and 2.8 above. The scope of the contract and a clear statement of the requirements for qualification shall be sent to those who responded to the invitation. All such applicants that meet the specified criteria shall be allowed to bid. Borrowers shall inform all applicants of the results of prequalification. As soon as prequalification is completed, the bidding documents shall be made available to the qualified prospective bidders. For prequalification for groups of contracts to be awarded over a period of time, a limit for the number or total value of awards to any one bidder may be made on the basis of the bidder’s resources. The list of prequalified firms in such instances shall be updated periodically. Verification of the information provided in the submission for prequalification shall be confirmed at the time of award of contract, and award may be denied to a bidder that is judged to no longer have the capability or resources to successfully perform the contract. |
B. Bidding Documents
| 2.11 |
The bidding documents shall |
| 2.12 |
Borrowers shall use the appropriate
Standard Bidding Documents (SBDs) issued by the Bank with minimum changes, acceptable to the Bank, as necessary to address country and project specific issues. Any such changes shall be introduced only through bid or contract data sheets, or through special conditions of contract, and not by introducing changes in the standard wording of the Bank’s SBDs. Where no relevant standard bidding documents have been issued, the Borrower shall use other internationally recognized standard conditions of contract and contract forms acceptable to the Bank. |
Validity of Bids and Bid Security
| 2.13 |
Bidders shall be required to
submit bids valid for a period specified in the bidding documents which shall be sufficient to enable the Borrower to complete the comparison and evaluation of bids, review the recommendation of award with the Bank (if required by the Loan Agreement), and obtain all the necessary approvals so that the contract can be awarded within that period. |
| 2.14 |
Bid security, in the amount specified in
the bidding documents, affording the ” Borrower reasonable protection against irresponsible bids, may be required but it shall not be set so high as to discourage bidders. The bid security at the bidder’s option, shall be in the form of a certified check, a letter of credit or a bank guarantee from a reputable bank. Bidders shall be allowed to submit bank guarantees directly issued by a bank of their choice located in any eligible country. Bid security shall remain valid for a period of four weeks beyond the validity period for the bids in order to provide reasonable time for the Borrower to act if the security is to be called. Bid security shall be released to unsuccessful bidders once it is determined that they will not be awarded a contract. |
Language
| 2.15 | Prequalification and bidding documents shall be prepared in either English, French or Spanish, and shall specify that the text of the contract documents in that language is governing. However, contracts entered into with local bidders (excluding joint ventures between local and foreign firms) may, at the Borrower’s option, be in the national language of the Borrower, which shall be the governing language for such contracts. Clarity of Bidding Documents |
| 2.16 |
Bidding documents shall be so worded as to |
| 2.17 |
The bidding documents shall specify any |
| 2.18 |
All prospective bidders shall be
provided the same information, and shall be assured of equal opportunities to obtain additional information on a timely basis. Borrowers shall provide reasonable access to project sites for visits by prospective bidders. For works or complex supply contracts, particularly for those requiring refurbishing existing works or equipment, a pre-bid conference may be arranged whereby potential bidders may meet with the Borrower representatives to seek clarifications. Minutes of the conference shall be provided to all prospective bidders with a copy to the Bank. Any additional information, clarification, correction of errors or modifications of bidding documents shall be sent to each recipient of the original bidding documents in sufficient time before the deadline for receipt of bids to enable bidders to take appropriate actions. If necessary, the deadline shall be extended. |
Standards
| 2.19 |
Standards and technical |
Use of Brand Names
| 2.20 |
Specifications shall be based |
Pricing
| 2.21 |
Bids for goods shall be invited on the basis of CIF (port of destination), or CIP[8] (place of destination) for all goods offered from abroad, and EXW[9] |
| 2.22 |
In the case of turnkey contracts, the
bidder shall be required to quote the price of the installed plant at site, including all costs for supply of equipment, marine and local transportation and insurance, installation and commissioning, as well as associated works and all other services included in the scope of contract such as design, maintenance, operation, etc. Unless otherwise specified in the bidding documents, the turnkey price shall include all duties, taxes, and other levies[10] |
| 2.23 |
Bidders for works contracts shall be
required to quote unit prices or lump sum prices for the performance of the works, and such prices shall include all duties, taxes and other levies. Bidders shall be allowed to obtain all inputs (except for unskilled labor) from any eligible sources so that they may offer their most competitive bids. |
Price Adjustment
| 2.24 |
Bidding documents shall state |
| 2.25 |
prices may be adjusted by the use of a
prescribed formula (or formulae) which breaks down the total price into components that are adjusted by price indices specified for each component or, alternatively, on the basis of documentary evidence (including actual invoices) provided by the supplier or contractor The use of the formula method of price adjustment is preferable to that of documentary evidence. The method to be used, the formula (if applicable) and the base date for application shall be clearly defined in the bidding documents. If the payment currency is different from the source of the input and corresponding index, a correction factor shall be applied in the formula, to avoid incorrect adjustment. |
Transportation and Insurance
| 2.28 |
Bidding documents shall |
| 2.27 |
As an exception, if a Borrower wishes to
reserve transportation and insurance for the import of goods to national companies or other designated sources, bidders shall be asked to quote FOB (port of shipment) or CFR (port of destination)[11] prices in addition to the CIF (port of destination) or CTP (place of destination) price specified in paragraph 2.21. Selection of the lowest evaluated bid shall be on the basis of the CIF or CIP price, but the Borrower may sign the contract on FOB or CFR terms and make its own arrangement for transportation and/or insurance. Under such circumstances, disbursements under the Bank loan shall be limited to the FOB or CFR cost. If the Borrower does not wish to obtain insurance cover in the market, evidence shall be provided to the Bank that resources are readily available for prompt payment in a freely convertible currency of the indemnities required to replace lost or damaged goods. |
Currency Provisions
| 2.28 |
Bidding documents shall state |
Currency of Bid
| 2.29 |
Bidding documents shall state that the bidder may express the bid price in the currency of any member country[12]. |
| 2.30 |
In bidding documents for works, the
Borrower may require bidders to state the bid price entirely in the local currency, along with the requirements for payments in up to three foreign currencies of their choice for expected inputs from outside the Borrower’s country (which inputs the bidders may be required to list), expressed as a percentage of the bid price, together with the exchange rates used in such calculations. |
Currency Conversion for Bid Comparison
| 2.31 |
The bid price is the sum of |
Currency of Payment
| 2.32 |
Payment of the contract price |
| 2.33 |
When the bid price is required to be
stated in the local currency but the bidder has requested payment in foreign currencies expressed as a percentage of the bid price, the exchange rates to be used for purposes of payments shall be those specified by the bidder in the bid, so as to ensure that the value of the foreign currency portions of the bid is maintained without any loss or gain. |
Terms and Methods of Payment
| 2.34 |
Payment terms shall be in accordance with the international commercial practices applicable to the specific goods and works. |
| (a) |
Contracts for supply of goods shall |
| (b) |
Contracts for works shall provide in
appropriate cases for mobilization advances advances on contractor’s equipment and materials, regular progress payments, and reasonable retention amounts to be released upon compliance with the contractors obligations under contract. |
| 2.35 |
Any advance payment for mobilization and |
| 2.36 |
Bidding documents shall specify the
payment method and terms offered, whether alternative payment methods and terms would be allowed and, if so, under what circumstances. The method of payment shall take into account the available procedures for withdrawals of the proceeds of the loan, as described in Appendix 3. |
Conditions of Contract
| 2.37 |
The contract documents shall |
Performance Security
| 2.38 |
Bidding documents for works |
| 2.39 |
In contracts for the supply of goods,
the need for performance security depends on the market conditions and commercial practice for the particular kind of goods. Suppliers or manufacturers may be required to provide a bank guarantee to protect against nonperformance of the contract. Such security in an appropriate amount may also cover warranty obligations or, alternatively, a percentage of the payments may be held as retention money to cover warranty obligations, and any installation or commissioning requirements. The security or retention money shall be reasonable in amount. |
Liquidated Damages and Bonus Clauses
| 2.40 |
Provisions for liquidated |
Force Majeure
| 2.41 |
The conditions of contract |
Applicable Law and Settlement of Disputes
| 2.42 |
The conditions of contract |
C. Bid Opening, Evaluation, and Award of Contract
Time for Preparation of Bids
| 2.43 |
The time allowed for the |
Bid Opening Procedures
| 2.44 |
The time for the bid opening shall be the same as for the deadline for receipt of bids or promptly[15] |
Clarifications or Alterations of Bids
| 2.45 |
Except as otherwise provided |
Confidentiality
| 2.46 |
After the public opening of |
Examination of Bids
| 2.47 |
The Borrower shall ascertain |
Evaluation and Comparison of Bids
| 2.48 |
The purpose of bid evaluation |
| 2.49 |
The bid price read out at the bid opening |
| 2.50 |
The evaluation and comparison of bids |
| 2.51 |
Bidding documents shall also specify the |
| 2.52 |
Under works and turnkey contracts, contractors are responsible for all duties, taxes and other levies[18]
and bidders shall take these factors into account in preparing their bids. The evaluation and comparison of bids shall be on this basis. Bid evaluation for works 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 a critical factor the value of 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 noncompliance. |
| 2.53 |
The Borrower shall prepare a detailed
report on the evaluation and comparison of bids setting forth the specific reasons on which the recommendation is based for the award of the contract. |
Domestic Preferences
| 2.54 |
At the request of the |
| (a) |
goods manufactured in the country of the |
| (b) |
works in member countries below a specified threshold of GNP[19] per capita, when comparing bids from eligible domestic contractors with those from foreign firms.
|
| 2.55 |
Where preference for domestically
manufactured goods or for domestic contractors is allowed, the methods and stages set forth in Appendix 2 to these Guidelines shall be followed in the evaluation and comparison of bids. |
Extension of Validity of Bids
| 2.56 |
Borrowers shall complete |
Postqualification of Bidders
| 2.57 |
If bidders have not been |
Award of Contract
| 2.58 |
The Borrower shall award the |
Rejection of All Bids
| 2.59 |
Bidding documents usually |
| 2.60 |
If the rejection of all bids is due to
lack of competition, wider advertising shall be considered. If the rejection is due to most or all of the bids being non-responsive, new bids may be invited from the initially prequalified firms, or with the agreement of the Bank from only those that submitted bids in the first instance. |
| 2.61 |
All bids shall not be rejected and new
bids invited on the same bidding and contract documents solely for the purpose of obtaining lower prices. If the lowest evaluated responsive bid exceeds the Borrower’s pre-bid cost estimates by a substantial margin, the Borrower shall investigate causes for the excessive cost and consider requesting new bids as described in the previous paragraphs. Alternatively, the Borrower may negotiate with the lowest evaluated bidder to try to obtain a satisfactory contract through a reduction in the scope and/or a reallocation of risk and responsibility which can be reflected in a reduction of the contract price. However, substantial reduction in the scope or modification to the contract documents may require rebidding. |
| 2.62 | The Bank’s prior concurrence shall be obtained before rejecting all bids, soliciting new bids or entering into negotiations with the lowest evaluated bidder. |
D. Modified ICB
Quick Disbursement Operations
| 2.63 |
Where the loan provides |
| 2.64 |
The simplified provisions for
notification of ICB procurement do not require a General Procurement Notice. Specific Procurement Notices shall be inserted in at least one newspaper of national circulation in the Borrower’s country (and in the official gazette if any) in addition to either: (i) Development Business; or (a) a newspaper, periodical or technical journal of wide multinational circulation. The period allowed for submission of bids may be reduced to four weeks. Bidding and payment may be limited to one currency widely used in international trade. |
Procurement of Commodities
| 2.65 |
Market prices of commodities, |
[2]See Paras. 2.48-2.53 for the bid evaluation procedures.
[3]In
construction, a management contractor usually does not perform the work
directly but contracts out and manages the work of other contractors,
taken on the full responsibility and risk for price, quality, and timely
performance. Conversely, a construction manager is a Consultant for, or
agent of, the Borrower, but does not take on such risks. (if financed
by the Bank, the services of the construction manager should be procured
under the Consultant Guidelines.
[4]As opposed
to two-stage bidding, the Bank does not accept the two-or three-envelope
system in which bidders are required to submit separate qualification,
technical, and price proposals at the same time, but which are opened
sequentially in separate sessions and evaluated.
[5]Development
Business is a publication of the United Nations Department of Public
Information, UN Plaza, New York, New York, 1007, U.S.A. A development
Business office is maintained at the World Bank, 1818 H Street, N.W.,
Washington, D.C., 20433, U.S.A.
[6]See para. 2.43.
[7]The Bank has prepared a Standard Prequalification Document for use by its Borrowers, where appropriate.
[8]Refer to
INCOTERMS 1990 for further definitions. Published by the International
Chamber of Commerce, 28 Cours Alber 1 75008 Paris, France. CIF is cost,
insurance, and freight for maritime transportation. CIP is cost,
carriage, and insurance in the case of multimodular transportation. Both
terms are for duty unpaid, payment for which is the responsibility of
the Borrower.
[9]The EXW
price shall include all duties, sales, and otehr taxes already paid or
payable for the components and raw materials used in the manufacture or
assembly of the equipment, or the prior import of the equipment, offered
in the bid.
[10]Borrowers
may prefer to exclude customs duties on imported equipment from the bid
prices, since these are difficult to ascertain or, alternatively, to
inlcude a “provisional sum” for reimbursement of actual costs.
[11]INCOTERMS 1990 for free on board port of shipment, and for cost and freight to port destination, respectively.
[12]Until
December 31, 2001, bid prices may also be expressed in the former
national currencies of the members countries of the European Monetary
Union (the Austrian Schilling, Belgian franc, Finnish markka, French
franc, Deutsche mark, Irish pound, Italian lira, Luxemberg franc,
Netherlandsguilder, Portugese escudo and Spanish peseta). On January 1,
1990, the euro was substituted for these currencies. From that date
these currencies were irrevocably fixed vis-a-vis the euro. Until
December 31, 2001, these currencies remain in existence as non-decimal
sub-denomination of the euro.
[13]Referred to hereafter as local currency
[14]It is
understood, however, that officials of the International Center for
Settlement of Investment Disputes (ICSID) shall remain free to name
arbitrators in their capacity as ICSID officials.
[15]To allow sufficient time to take the bids to the place announced for public bid opening.
[16]See para. 2.49 regarding corrections.
[17]See para. 2.51
[18]Unless bidding documents specify otherwise for some turnkey contracts (see para. 2.22 and footnote 18).
[19]Gross national product as defined annually by the Bank.
[20]Referred to as “lowest evaluated bidder” and “lowest evaluated bid,” respectively.
[21]Other
procurement is normally carried out in accordance with procedures
followed by the private or public entity handling the imports, or other
established commercial practices acceptable to the Bank.
ANNEX “B”
DOMESTIC PREFERENCES
Preference for Domestically Manufactured Goods
| 1. |
The Borrower may, with the |
| 2. |
For comparison, responsive bids shall be classified in one of the following three groups:
|
|
(a) 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 more than 30 percent of the EXW price of the product offered, and (ii) the production facility in which those goods will be manufactured or assembled has been engaged in manufacturing/assembling such goods at least since the time of bid submission. |
|
|
(b) Group B: all other bids offering goods from within the country of the Borrower.
|
|
|
(c) Group C: bids offering the goods from abroad and to be directly imported.
|
|
| 3. |
The EXW price quoted by a Group A bidder |
| 4. |
In the first step, all evaluated bids in |
| 5. |
If, as a result of the comparison under |
| 6. |
in the case of single responsibility, supply and installation or turnkey[1]
contracts in which a number of discrete items of equipment is grouped into one contract package, the preference margin shall not be applied to the whole package but only to the locally-manufactured equipment within the package. Equipment offered from abroad shall be quoted CIF or CIP, and equipment offered locally EXW (free of sales and similar taxes); all other components, such as design, works, installation, and supervision, shall be quoted separately. Bids should not be classified into groups A, B, or C. In the comparison of bids, only the CIF or CIP price in each bid of the equipment offered from outside the Borrower’s country shall be increased by the applicable duty and other taxes payable by a non-exempt importer or 15 percent, whichever is less. If duties vary from item to item within a package, the appropriate tariff for each piece of equipment shall apply. No preference shall be applied for any associated services or works included in the package. |
Preference for Domestic Contractors
| 7. |
For contracts for works to be |
| (a) |
Contractors applying for such preference shall be asked to provide, as part of the data for qualification[3], |
| (b) |
After bids have been received and reviewed by the Borrower, responsive bids shall be classified into the following groups: |
|
(ii) Group B: bids offered by other contractors.
|
|
|
For the purpose of evaluation and
comparison of bids, an amount equal to 71/2 percent of the bid amount shall be added to bids received from contractors in Group B. |
ANNEX “C”
REVIEW BY THE BANK OF PROCUREMENT DECISIONS
Scheduling of Procurement
| 1. |
The Bank shall review the
procurement arrangements proposed by the Borrower including contract packaging, applicable procedures, and the scheduling of the procurement process, for its conformity with these Guidelines and proposed implementation program and disbursement schedule. The Borrower shall promptly inform the Bank of any delay, or other changes in the scheduling of the procurement process, which could significantly affect the timely and successful implementation of the project contracts, and agree with the Bank on corrective measures. |
Prior Review
| 2. | With respect to all contracts which, in accordance with the Loan Agreement, are made subject to the Bank’s prior review: |
(a) In cases where prequalification is used, the Borrower
shall, before prequalification submissions are invited, furnish the Bank
with the draft documents to be used, including the text of the
invitation to prequalify, the prequalification questionnaire, and the
evaluation methodology, together with a description of the advertising
procedures to be followed, and shall introduce such modifications in
said procedure and documents, as the Bank shall reasonably request. The
list of prequalified bidders, together with a statement of their
qualifications and of the reasons for the exclusion of any applicant for
prequalification, shall be furnished by the Borrower to the Bank for
its comments before the applicants are notified of the Borrower’s
decision, and the Borrower shall make such additions to, deletions from
or modifications in the said list as the Bank shall reasonably request.
(b) Before bids are invited, the Borrower shall
furnish to the Bank for its comments, draft bidding documents, including
the invitation to bid; instructions to bidders, including the basis of
bid evaluation and contract award; and the conditions of contract and
specifications for the civil works, supply of goods, or installation of
equipment, etc., as the case may be, together with a description of the
advertising procedures to be followed for the bidding (if
prequalifiation has not been used), and shall make such modifications in
the said documents as the Bank shall reasonably request. Any further
modification shall require the Bank’s concurrence before it is issued to
the prospective bidders.(c) After bids have been received and evaluated,
the Borrower shall, before a final decision on the award is made,
furnish to the Bank, in sufficient time for its review, a detailed
report (prepared, if the Bank shall so request, by experts acceptable to
the Bank), on the evaluation and comparison of the bids received,
together with the recommendations for award and such other information
as the Bank shall reasonably request. The Bank shall, if it determines
that the intended award would be inconsistent with the Loan Agreement,
promptly inform the Borrower and state the reasons for such
determination.(d) If the Borrower requires an extension of bid
validity to complete the process of evaluation, obtain necessary
approvals and clearances and to make the award, it should seek the
Bank’s prior concurrence for the first request for extension, if it is longer than sixty days, and for all subsequent requests for extension,
irrespective of the period.(e) The terms and conditions of a contract shall
not, without the Bank’s concurrence, materially differ from those on
which bids were asked or prequalification of contractors, if any, was
invited.(f) One conformed copy of the contract shall be
furnished to the Bank promptly after its execution and prior to delivery
to the Bank of the first application for withdrawal of funds from the
Loan Account in respect of such contract Where payments for the contract
are to be made out of a Special Account (SA), a copy of the contract
shall be furnished to the Bank prior to the making of the first payment
out of the SA in respect of such contract.(g) All evaluation reports shall be accompanied
with 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 confirmation by the Borrower of contract signing.
Modifications
| 3. |
In the case of contracts
subject to prior review, before granting a material extension of the stipulated time for performance of a contract, agreeing to any modification or waiver of the conditions of such contract, including issuing any change order or orders under such contract (except in cases of extreme urgency) which would in aggregate increase the original amount of the contract by more than 15 percent of the original price, the Borrower shall inform the Bank of the proposed extension, modification, or change order and the reasons therefor. If the Bank determines that the proposal would be inconsistent with the provisions of the Loan Agreement, it shall promptly inform the Borrower and state the reasons for its determination. A copy of all amendments to the contract shall be furnished to the Bank for its record. |
Post Review
| 4. |
With respect to each
contract not governed by paragraph 2, the Borrower shall furnish to the Bank, promptly after its signing and prior to delivery to the Bank of the first application for withdrawal of funds from the Loan Account in respect of such contract, one conformed copy of such contract, together with the analysis of the respective bids, recommendations for award and such other information as the Bank shall reasonably request. Where payments for the contract are to be made out of a Special Account, a copy of the contract, together with the other information required to be furnished to the Bank, shall be furnished to the Bank prior to delivery to the Bank of the first replenishment application in respect of such contract. The Bank shall, if it determines that the award of the contract or the contract itself is not consistent with the Loan Agreement, promptly inform the Borrower and state the reasons for such determination. These provisions shall not apply to contracts on account of which withdrawals from the Loan are to be made on the basis of Statements of Expenditure[1], for which case all such documents shall be retained by the Borrower for subsequent examination by independent auditors and Bank supervision missions. |
Translations
If a contract awarded under ICB procedures to a local bidder is written in the national language,[2]
a certified translation of the contract in either English, French, or
Spanish shall be furnished to the Bank together with the conformed copy
of the contract. Such certified translations shall also be furnished to
the Bank, for any subsequent modifications of such contracts.
1. The responsibility for the
implementation of the project, and therefore for the payment of goods,
works and services under the project, rests with the Borrower. The Bank,
for its part, is required by its Articles of Agreement to ensure that
funds are paid from a Bank loan only as expenditures are incurred. Disbursements of the proceeds of a loan are made only at the Borrower’s
request. Supporting evidence that the funds are used in accordance with
the Loan Agreement shall be submitted with the Borrower’s withdrawal
application. Payment may be made (i) to reimburse the Borrower for
payment(s) already made from its own resources, (ii) directly to a third
party (usually to a supplier or consultant), or (iii) to a commercial
bank for expenditures against a World Bank Special Commitment covering a
commercial bank’s letter of credit.2. Two widely used procedures with special
requirements are Statements of Expenditures (SOEs) and the Special
Accounts (SAs). The SOE method is used to reimburse the Borrower when
documentation would otherwise be cumbersome or voluminous (for example,
expenditures on civil works carried out by force account or payments
against small contracts or purchase orders). For withdrawals against
SOEs, the Borrower submits a form with details of the expenditures (the
SOE form) and retains the actual supporting documentation in the field
for subsequent examination by independent auditors and Bank supervision
missions.3. SAs are revolving accounts funded with an
advace from a Bank loan for use by the Borrower exclusively to cover the
Bank’s share of eligible expenses in both local and foreign currencies.
The primary objective of the SA is to help the Borrower overcome cash
flow problems and speed disbursements. The Borrower makes payments from
the account to contractors, suppliers and others when the payment are
due. The Bank replenishes the SA regularly upon receipt of a withdrawal
application with appropriate supporting documentation from the Borrower.
Towards the end of loan disbursements, the Bank initiates a recovery
procedure to obtain full documentation for the amount of the outstanding
advance.4. The Loan Agreement and the disbursement letter outline the disbursement procedures to be followed for the loan,
including retroactive financing provisions, items eligible for
disbursement under the SOE procedure, requirements for the operation of
an SA and a minimum application value. The minimum value varies among
loans depending on the size of the loan and the nature of the project.
Where there is an SA, the minimum value is generally between 10 percent
and 33 percent of the total advanced to the SA. The method of payment
specified in the bidding documents shall take into account the
disbursement procedures applicable to the concerned loan.5. A complete description of the Bank’s disbursement procedures is provided in the Disbursement Handbook.
[2]Refer to para. 2.15
ANNEX “D”
QUALITY-AND COST-BASED SELECTION (QCBS)
The Selection Process
| 2.1 |
QCBS uses a competitive
process among short-listed firms that takes into account the quality of the proposal and the cost of the services in the selection of the successful firm. Cost as a factor of selection shall be used judiciously. The relative weight to be given to the quality and cost shall be determined for each case depending on the nature of the assignment. |
|
| 2.2 |
The selection process shall include the following steps:
|
|
| (a) | preparation of Terms of Reference (TOR); | |
| (b) | preparation of cost estimate and the budget; | |
| (c) | advertising | |
| (d) | preparation of the short list of consultants; | |
| (e) | preparation and issuance of the Request for Proposals (RFP); | |
| (i) Letter of Invitation (LOI); | ||
| (ii) Information to Consultants (ITC); | ||
| (iii) proposed contract; | ||
| (f) | receipt of proposals; | |
| (g) | evaluation of technical proposals: consideration of quality; | |
| (h) | evaluation of financial proposal; | |
| (i) | final evaluation of quality and cost; and | |
| (j) | negotiations and award of the contract to the selected firm. | |
Terms of Reference (TOR)
| 2.3 |
The Borrower shall be
responsible for preparing the TOR for the assignment TOR shall be prepared by a person(s) or a firm specialized in the area of the assignment. The score of the services described in the TOR shall be compatible with the available budget. TOR shall define clearly the objectives, goals, and scope of the assignment and provide background information (including a list of existing relevant studies and basic data) to facilitate the consultants’ preparation of their proposals. If transfer of knowledge or training is an objective, it should be specifically outlined along with details of number of staff to be trained, and so forth, to enable consultants to estimate the required resources. TOR shall list the services and surveys necessary to carry out the assignment and the expected outputs (for example, reports, data, maps, surveys). However, TOR should not be methodology and staffing. Firms shall be encouraged to comment on the TOR in their proposals. The Borrower’s and consultants’ respective responsibilities should be clearly defined in the TOR. |
Cost Estimate
| 2.4 |
Preparation of a
well-thought-through cost estimate is essential if realistic budgetary resources are to be earmarked. The cost estimate shall be based on the Borrower’s assessment of the resources needed to carry out the assignment: staff time, logistical support, and physical inputs (for example, vehicles, laboratory equipment). Costs shall be divided into two broad categories; (a) fee or renumeration (according to the type of contract used) and (b) reimbursables, and further divided into foreign and local costs. The cost of staff time shall be estimated on a realistic basis for foreign and national personnel. |
Advertising
| 2.5 |
To obtain expressions of
interest, the Borrower shall include a list of expected consulting assignments in the General Procurement Notice, which shall be updated annually for all outstanding procurement[1] and shall advertise all contracts for consulting firms in the national gazette or a national newspaper It may also advertise them on an electronic portal of free access. In addition contracts expected to cost more than US$ 200,000 shall be advertised in UN Development Business (UNDB on-line). Borrowers may also advertise these contracts in an international newspaper or a technical magazine, seeking “expressions of interest.” A copy of the advertisement shall be sent to those who expressed interest in response to the GPN. The Borrower may also contact embassies, professional organizations, or firms that it knows or that are registered in DACON[2]. The information requested shall be the minimum required to make a judgment on the firm’s suitability and not be so complex as to discourage consultants from expressing interest. Sufficient time (not less than 14 days from the date of posting on UNDB on-line) shall be provided for responses, before preparation of the short list. |
Short List of Consultants
| 2.6 |
The Borrower is responsible
for preparation of the short list. The Borrower shall give first consideration to those firms expressing interest which possess the relevant qualifications. Short lists shall comprise three to six firms with a wide geographic spread, with no more than two firms from any one country and at least one firm from a developing country, unless qualified firms from developing countries are not identifiable. For the purpose of establishing the short list, the nationality of a firm is that of the country in which it is registered or incorporated. The Bank may ask the Borrower to expand or reduce a short list; however, once the Bank has issued a “no objection” to a short list, the Borrower shall not add or delete names without the Bank’s concurrence. Firms that expressed interest, as well as any other firm that specifically so request, shall be provided the final short list of firms. |
| 2.7 |
The short list may comprise entirely
national consultants (firms registered or incorporated in the country), if the assignment is below the ceiling (or ceilings) established in the Loan agreement, a sufficient number of qualified firms (at least three) are available at competitive costs, and competition including foreign consultants is prima facie not justified. However, if foreign firms have expressed interest, they shall not be excluded from consideration. |
Preparation and Issuance of the Request for Proposals (RFP)
| 2.8 |
The RFP shall include (a) a
Letter of Invitation, (b) Information to Consultants, (c) the TOR, and (d) the proposed contract. Borrowers shall use the applicable standard RFPs issued by the Bank with minimal changes, acceptable to the Bank, as necessary to address country- and project-specific issues. Any such changes shall be introduced only though the RFP data sheet. Borrowers shall list all the documents included in the RFP. |
Letter of Invitation (LOI)
| 2.9 |
The LOI shall state the
intention of the Borrower to enter into a contract for the provision of consulting services, the source of funds, the details of the client and the date, time, and address for submission of proposals. |
Information to Consultants (ITC)
| 2.10 |
The ITC shall contain all
necessary information that would help consultants prepare responsive proposals, and shall bring as much transparency as possible to the selection procedure by providing information on the evaluation process and by indicating the evaluation criteria and factors and their respective weights and the minimum passing quality score. The ITC shall not indicate the budget (since cost is a selection criterion), but shall indicate the expected input of key professionals (staff time). Consultants, however, shall be free to prepare their own estimates of staff time necessary to carry out the assignment. The ITC shall specify the proposal validity period (normally 60-90 days). A detailed list of the information that should be included in the ITC is given in Appendix 2. |
Contract
| 2.11 |
Section IV of these
Guidelines briefly discusses the most common types of contracts. Borrowers shall use the appropriate Standard Form of Contract issued by the Bank with minimum changes, acceptable to the Bank, as necessary to address specific country and project issues. Any such changes shall be introduced only through Contract Data Sheets or through Special Conditions of Contract and not by introducing changes in the wording of the General Conditions of Contract included in the Bank’s Standard Form. These forms of contracts cover the majority of consulting services. When these forms are not appropriate (for example, for preshipment inspection, procurement services, training of students in universities, advertising activities in privatization, or twinning), Borrowers shall use other contract forms acceptable to the Bank. |
Receipt of Proposals
| 2.12 |
The Borrower shall allow
enough time for the consultants to prepare their proposals. The time allowed shall depend on the assignment, but normally shall not be less than four weeks or more than three months (for example, for assignments requiring establishment of a sophisticated methodology, preparation of a multidisciplinary master plan). During this interval, the firms may request clarifications about the information provided in the RFP. The Borrower shall provide these clarifications in writing and copy them to all firms on the short list (who intend to submit proposals). If necessary, the Borrower shall extend the deadline for submission of proposals. The technical and financial proposals shall be submitted at the same time. No amendments to the technical or financial proposal shall be accepted after the deadline. To safeguard the integrity of the process, the technical and financial proposals shall be submitted in separate sealed envelopes. The technical envelopes shall be opened immediately by a committee of officials drawn from the relevant departments (technical, finance, legal, as appropriate), after the closing time for submission of proposals. The financial proposals shall remain sealed and shall be deposited with a reputable public auditor or independent authority until they are opened publicly. Any proposal received after the closing time for submission of proposals shall be returned unopened. |
Evaluation of Proposals: Consideration of Quality and Cost
| 2.13 |
The evaluation of the
proposals shall be carried out in two stages: first the quality, and then the cost Evaluators of technical proposals shall not have access to the financial proposals until the technical evaluation, including any Bank reviews and no objection, is concluded. Financial proposals shall be opened only thereafter The evaluation shall be earned out in full conformity with the provisions of the RFP. |
Evaluation of the Quality
| 2.14 |
The Borrower shall evaluate
each technical proposal (using an evaluation committee of three or more specialists in the sector), taking into account several criteria: (a) the Consultant’s relevant experience for the assignment, (b) the quality of the methodology proposed, (c) the qualifications of the key staff proposed, (d) transfer of knowledge, and (e) the extent of participation by nationals among key staff in the performance of the assignment. Each criterion shall be marked on a scale of 1 to 100. Then the marks shall be weighted to become scores. The following weights are indicative, and may be adjusted for specific circumstances. The proposed weights shall be disclosed in the RFP. |
Consultant’s specific experience: 5 to 10 points
Methodology: 20 to 50 points
Key personnel: 30 to 60 points
Transfer of knowledge:[3] 0 to 10 points
Participation by nationals:[4] 0 to 10 points
Total: 100 points
| 2.15 |
The Borrower shall normally
divide these criteria into subcriteria. For example, subcriteria under methodology might be innovation and level of detail. However, the number of subcriteria should be kept to the essential. The Bank recommends against the use of exceedingly detailed lists of subcriteria that may render the evaluation a mechanical exercise more than a professional assessment of the proposals. The weight given to experience can be relatively modest, since this criterion has already been taken into account when short-listing the Consultant. More weight shall be given to the methodology in the case of more complex assignments (for example, multidisciplinary feasibility or management studies). |
|
| 2.16 |
Evaluation of only the
key personnel is recommended. Since key personnel ultimately determine the quality of performance, more weight shall be assigned to this criterion if the proposed assignment is complex. The Borrower shall review the qualifications and experience of proposed key personnel in their curricula vitae, which must be accurate, complete, and signed by an authorized official of the Consultant and the individual proposed. When the assignment depends critically on the performance of key staff, such as a Project Manager in a large team of specified individuals, it may be desirable to conduct interviews. The individuals shall be rated in the following three subcriteria, as relevant to the task: |
|
|
(a)
|
general qualifications: general education and training, length
of experience positions held, time with the consulting firm as staff, experience in developing countries, and so forth; |
|
|
(b)
|
adequacy for the assignment: education, |
|
|
(c)
|
experience in the region: knowledge of the local language, culture, administrative system, government organization, and so forth. |
|
| 2.17 |
Borrowers shall evaluate each
proposal on the basis of its responsiveness to the TOR. A proposal shall be considered unsuitable and shall be rejected at this stage if it does not respond to important aspects of the TOR or it fails to achieve a minimum technical score specified in the RFP. |
|
| 2.18 | At the end of the process, the Borrower shall prepare an evaluation report of the “quality” of the proposals. The report shall substantiate the results of the evaluation and describe the relative strengths and weaknesses of the proposals. All records relating to the evaluation, such as individual mark sheets, shall be retained until completion of the project and its audit. |
|
Evaluation of Cost
| 2.19 |
After the evaluation of
quality is completed, the Borrower shall notify those consultants whose proposals did not meet the minimum qualifying mark or were considered nonresponsive to the RFP and TOR, indicating that their financial proposals will be returned unopened after completing the selection process. The Borrower shall simultaneously notify the consultants that have secured the minimum qualifying mark, and indicate the date and time set for opening the financial proposals. The opening date shall not be sooner than two weeks after the notification date. The financial proposals shall be opened publicly in the presence of representatives of the consultants who choose to attend. The name of the consultant, the quality scores, and the proposed prices shall be read aloud and recorded when the financial proposals are opened, and a copy of this record shall be promptly sent to the Bank. The Borrower shall prepare the minutes of the public opening. |
| 2.20 |
The Borrower shall then review the
financial proposals. If there are any arithmetical errors, they shall be corrected. For the purpose of comparing proposals, the costs shall be converted to a single currency selected by the Borrower (local currency or fully convertible foreign currency) as stated in the RFP. The Borrower shall make this conversion by using the selling (exchange) rates for those currencies quoted by an official source (such as the Central Bank), or by a commercial bank, or by an internationally circulated newspaper for similar transactions. The RFP shall specify the source of the exchange rate to be used, and the date of that exchange rate, provided that the date shall not be earlier than four weeks prior to the deadline for submission of proposals, nor later than the original date of expiration of the period of validity of the proposal. |
| 2. 21 |
For the purpose of evaluation, “cost”
shall exclude local taxes, but shall include other reimbursable expenses, such as travel, translation, report printing, or secretarial expenses. The proposal with the lowest cost may be given a financial score of 100 and other proposals given financial scores that are inversely Proportional to their prices. Alternatively, a directly proportional or other methodology may be used in allocating the marks for the cost. The methodology to be used shall be described in the RFP. |
Combined Quality and Cost Evaluation
| 2.22 |
The total score shall be
obtained by weighting the quality and cost scores and adding them The weight for the “cost” shall be chosen, taking into account the complexity of the assignment and the relative importance of quality Except for the type of services specified in Section III, the weight for cost shall normally be in the range of 10 to 20 points, but in no case shall exceed 30 points out of a total score of 100. The proposed weightings for quality and cost shall be specified in the RFP. The firm obtaining the highest total score shall be invited for negotiations. |
Negotiations and Award of Contract
| 2.23 |
Negotiations shall include
discussions of the TOR, the methodology, staffing, Borrower’s inputs, and special conditions of the contract. These discussions shall not substantially alter the original TOR or the terms of the contract, lest the quality of the final product, its cost, and the relevance of the initial evaluation be affected. Major reductions in work inputs should not be made solely to meet the budget. The final TOR and the a greed methodology shall be incorrupt-rated in “Description of Services,” which shall form part of the contract. |
| 2.24 |
The selected firm should not be allowed
to substitute key staff, unless both parties agree that undue delay in the selection process makes such substitution unavoidable or that such changes are critical to meet the objectives of the assignment.[5] If this is not the case and if it is established that key staff were offered in the proposal without confirming their availability, the firm may be disqualified and the process continued with the next ranked firm. The key staff proposed for substitution shall have qualifications equal to or better than the key staff initially proposed. |
| 2.25 |
Financial negotiations shall include
clarification of the consultants’ tax liability in the Borrower’s country (if any), and how this tax liability has been or would be reflected in the contract. Proposed unit rates for staff-months and reimbursables shall not be negotiated, since these have already been a factor of selection in the cost of the proposal, unless there are exceptional reasons. |
| 2.26 |
If the negotiations fail to result in an
acceptable contract, the Borrower shall terminate the negotiations and invite the next ranked firm for negotiations. The Borrower shall consult with the Bank prior to taking this step. The Consultant shall be informed of the reasons for termination of the negotiations. Once negotiations are commenced with the next ranked firm, the Borrower shall not reopen the earlier negotiations. After negotiations are successfully completed, the Borrower shall promptly notify other firms on the short list that they were unsuccessful. |
Rejection of All Proposals, and Reinvitation
| 2.27 |
The Borrower will be
justified in rejecting all proposals only if all proposals are nonresponsive and unsuitable either because they present major deficiencies m complying with the TOR, or because they involve costs substantially higher than the original estimate. In the latter case, the feasibility of increasing the budget, or scaling down the scope of services with the firm should be investigated in consultation with the Bank. Before all the proposals are rejected and new proposals are invited, the Borrower shall notify the Bank, indicating the reasons for rejection of all proposals, and shall obtain the Banks no objection before proceeding with the rejection and the new process. The new process may include revising the RFP (including the short list) and the budget. These revisions shall be agreed upon with the Bank. |
Confidentiality
| 2.28 |
Information relating to
evaluation of proposals and recommendations concerning awards shall not be disclosed to the consultants who submitted the proposals or to other persons not officially concerned with the process, until the award of contract is notified to the successful firm. |
General Procurement Notice is prepared by the Borrower and submitted to
the Bank, which will arrange for its publication in United Nations
Development Business (UNDB).
[2] Under
paragraph 1.15 of the Consultants’ Guidelines – The Bank maintains an
information system on consultants – Data on CONsultants (DACON).
Registration in DACON is not mandatory to be considered for a
Bank-financed assignment, nor is DACON a list of preapproved
consultants. When firms register with DACON, they provide information
that may be useful to Borrower and the bank in the preparation of
shortlists and review of qualifications of firms proposed by Borrowers.
The Bank does not verify or endorse the information provided. The Bank
provides this information to member governments, UN agencies, and other
public information bodies upon request, without any charge for the
Borrowers and at a cost to others. The Bank may, with the consent of the
firms, also provide nonconfidential information to other consultants,
interested in seeking associates or partners for assignment.
[3] Transfer
of knowledge may be the main objective of some assignments; in such
cases, it should be given a higher weight to reflect its importance.
[4] As reflected by nationals among key staff presented by foreign and national firms.
[5] Defining realistic proposal validity periods in the RFP and carrying out an efficient evaluation minimizes the risk.
ANNEX “E”
Selection of Particular Types of Consultants
| 3.13 |
Selection of UN Agencies as Consultants. UN
agencies may be hired as the consultants, where they are qualified to provide technical assistance and advice in their area of expertise. However, they shall not receive any preferential treatment in a competitive selection process, except that Borrowers may accept the privileges and immunities granted to UN agencies and their staff under existing international conventions and may agree with UN agencies on special payment arrangements required according to the agency’s charter, provided these are acceptable to the Bank. Such privileges, as well as other advantages such as tax exemption and other facilities, and special payment provisions, shall be evaluated and neutralized in the cost comparison. UN agencies may be hired on a single-source selection basis if the criteria outlined in Section 3.9 are fulfilled. |
| 3.14 |
Use of Nongovernmental Organizations (NGOs).
NGOs are voluntary nonprofit organizations that may be uniquely qualified to assist in the preparation, management, and implementation of projects, essentially because of their involvement and knowledge of local issues, community needs, and/or participatory approaches. NGOs may be included in the short list if they express interest and provided that the Borrower and the Bank are satisfied with their qualifications. For assignments that emphasize participation and considerable local knowledge, the short list may comprise entirely NGOs. If so, the QCBS procedure shall be followed, and the evaluation criteria shall reflect the unique qualifications of NGOs, such as voluntarism, nonprofit status, local knowledge, scale of operation, and reputation. Borrowers may select the NGO on a single-source basis, provided the criteria outlined in Section 3.9 are fulfilled. |
| 3.15 |
Procurement Agents (PAs). When a
Borrower lacks the necessary organization, resources, or experience, it may be efficient and effective for it to employ, as its agent, a firm that specializes in handling procurement. PAs are generally paid a percentage of the value of the procurements handled, or a combination of such a percentage and a fixed fee. Such PAs shall be selected using QCBS procedures with cost being given a weight up to 50 percent. The standard contract form[1]applicable for procurement agencies, with payments based on a percentage of the total procurements and/or staff-month rates, shall be used. When PAs provide only advisory services for procurement and do not act as “agents” and are not paid a percentage fee at all, they shall be selected following the appropriate procedures as for other consulting assignments, specified in these Guidelines. |
| 3.16 |
Inspection Agents. Borrowers may
wish to employ inspection agencies to inspect and certify goods prior to shipment or on arrival in the Borrower country. The inspection by such agencies usually covers the quality and quantity of the goods concerned and reasonableness of price. Inspection agencies shall be selected using QCBS procedures giving cost a weight up to 50 percent and using a contract format with payments based on a percentage of the value of goods inspected and certified. |
| 3.17 |
Banks. Investment and
commercial banks, financial firms and fund managers hired by Borrowers for the sale of assets, issuance of financial instruments, and other corporate financial transactions, notably in the context of Privatization operations, shall be selected under QCBS. The RFP shall specify selection criteria relevant to the activity-for example, experience in similar assignments or network of potential purchasers-and the cost of the services. In addition to the conventional remuneration (called a “retainer fee”), the compensation includes a “success fee”; this fee can be fixed, but is usually expressed as a percentage of the value of the assets or other financial instruments to be sold. The RFP shall indicate that the cost evaluation will take into account the success fee, either in combination with the retainer fee or alone. If alone, a standard retainer fee shall be prescribed for all short-listed consultants and indicated in the RFP, and the financial scores shall be based on the success fee as percentage of a predisclosed notional value of the assets. For the combined evaluation (notably for large contracts), cost may be accorded a weight higher than recommended in paragraph 2.22 or the selection may be based on cost alone among those who secure a minimum passing mark for the quality of the proposal. The RFP shall specify clearly how proposals will be presented and how they will be compared. |
| 3.18 |
Auditors. Auditors typically
carry out auditing tasks under well-defined TOR and professional standards. They shall be selected according to QCBS, with cost as a substantial selection factor (40-50 points), or by the “Least-Cost Selection1 outlined in paragraph 3.6. |
ANNEX “F”
QUALITY-BASED SELECTION (QBS)
General
| 3.1 | In some circumstances, QCBS is not the most appropriate method for selecting consultants. The particular selection methods and the type of services to which they apply are determined by agreement between the Bank and the Borrower and are specified in the Loan Agreement. This section describes other selection methods and the circumstances under which they are generally appropriate. All the relevant[1] provisions of Section II (QCBS) shall apply whenever competition is used. |
|
| 3.2 | QBS is appropriate for the following types of assignments: | |
|
(a)
|
complex or highly specialized assignments for which it is difficult to define precise TOR and the
required input from the consultants, and for which the client expects the consultants to demonstrate innovation in their proposals (for example, country economic or sector studies, multisectoral feasibility studies, design of a hazardous waste remediation plant or of an urban master plan, financial sector reforms); |
|
|
(b)
|
assignments that have a high downstream |
|
|
(c)
|
assignments that can be carried out in substantially different ways, such that proposals will not be comparable (for example, management advice, and sector and policy studies in which the value of the services depends on the quality of the analysis). |
|
| 3.3 |
In QBS, the RFP may request
submission of a technical proposal only (without the financial proposal), or request submission of both technical and financial proposals at the same time, but in separate envelopes (two-envelope system). The RFP shall not provide the estimated budget, but it may provide the estimated number of key staff time, specifying that this information is given as an indication only, and that consultants shall be free to propose their own estimates. |
| 3.4 |
If technical proposals alone were
invited, after evaluating the technical proposals using the same methodology as in QCBS (paragraphs 2.13-2.18), the Borrower shall ask the Consultant with the highest ranked technical proposal to submit a detailed financial proposal. The Borrower and the Consultant shall then negotiate the financial proposal and the contract. All other aspects of the selection process shall be identical to those of QCBS. If, however, consultants were requested to provide financial proposals initially together with the technical proposals, safeguards shall be built in as in QCBS (paragraph 2.12) to ensure that the price envelope of only the selected proposal is opened and the rest returned unopened, after the negotiations are successfully concluded. |
provisions of Section II shall be applied with the modifications and
suppressions required by the method for selecting consultants used in
the specific case.
ANNEX “G”
SINGLE-SOURCE SELECTION
| 3.8 |
Single-source selection of
consultants does not provide the benefits of competition in regard to quality and cost and lacks transparency in selection, and could encourage unacceptable practices. Therefore, single-source selection shall be used only in exceptional cases. The justification for single-source selection shall be examined in the context of the overall interests of the client and the project, and the Bank’s responsibility to ensure economy and efficiency and provide opportunity to consultants from all member countries to the extent possible. |
| 3.9 |
Single-source selection may be
appropriate only if it presents a clear advantage over competition: (a) for tasks that represent a natural continuation of previous work carried out by the firm (see next paragraph), (b) where a rapid selection is essential (for example, in an emergency operation), (c) for very small assignments, or (d) when only one firm is qualified or has experience of exceptional worth for the assignment. |
| 3.10 |
When continuity for downstream work is
essential, the initial RFP shall outline this prospect and, if practical, the factors used for the selection of the Consultant should take the likelihood of continuation into account. Continuity in the technical approach, experience acquired, and continued professional liability of the same Consultant may make continuation with the initial Consultant preferable to a new competition subject to satisfactory performance in the initial assignment. For such downstream assignments, the Borrower shall ask the initially selected Consultant to prepare technical and financial proposals on the basis of TOR furnished by the Borrower, which shall then be negotiated. |
| 3.11 |
If the initial assignment was not
awarded on a competitive basis or was awarded under tied financing or reserved procurement or if the downstream assignment is substantially larger in value, a competitive process acceptable to the Bank shall normally be followed in which the Consultant carrying out the initial work is not excluded from consideration if it expresses interest. The Bank will consider exceptions to this rule only under special circumstances and only when a new competitive process is not practicable. |
ANNEX “H”
SELECTION OF INDIVIDUAL CONSULTANTS
| 5.1 |
individual consultants are
normally employed on assignments for which (a) teams of personnel are not required, (b) no additional outside (home office) professional support is required, and (c) the experience and qualifications of the individual are the paramount requirement. When coordination, administration, or collective responsibility may become difficult because of the number of individuals, it would be advisable to employ a firm. |
| 5.2 |
Individual consultants are selected on the |
| 5.3 |
From time to time, permanent staff or |
| 5.4 |
Individuals may be selected on a
sole-source basis with due justification in exceptional cases such as: (a) tasks that are a continuation of previous work that the consultant has carried out and for which the consultant was selected competitively; (b) assignments lasting less than six months; (c) emergency situations resulting from natural disasters; and (d) when the individual is the only consultant qualified for the assignment. |
ANNEX “I”
REVIEW BY THE BANK OF THE SELECTION OF CONSULTANTS
Scheduling the Selection Process
- The Bank shall review the selection process for the hiring of
consultants proposed by the Borrower for the Project to ensure
compliance with these Guidelines and the proposed implementation plan
and disbursement schedule.
Prior Review
- With respect to all contracts that are subject to the Bank’s prior review in accordance with the Loan Agreement:
(a) Before inviting proposals, the
Borrower shall furnish to the Bank for its review and “no objection” the
proposed cost estimate and RFP (including the short list). The Borrower
shall make such modifications to the short list and the documents as
the Bank reasonably request. Any further modification shall require the
Bank’s “no objection” before the RFP is issued to the short-listed
consultants.(b) After the technical proposals have been
evaluated, the Borrower shall furnish to the Bank, in sufficient time
for its review, a technical evaluation report (prepared, if the Bank
shall so request, by experts acceptable to the Bank) and a copy of the
proposals, if requested by the Bank. If the Bank determines that the
technical evaluation is inconsistent with the provisions of the RFP, it
shall promptly inform the Borrower and state the reasons for its
determination; otherwise the Bank shall issue a “no objection” to the
technical evaluation. The Borrower shall also request the Bank’s “no
objection” if the evaluation report recommends rejection of all
proposals.(c) When price is a factor in the selection of a
consultant, the Borrower may proceed with the opening of the financial
envelopes only after receiving the Bank’s “no-objection” to the
technical evaluation. The Borrower m ay then proceed with the financial
evaluation in accordance with the provisions of the RFP. The Borrower
shall furnish to the Bank, for its information, the final technical and
evaluation report along with its recommendation of the winning firm. The
Borrower shall notify the firm that received the highest total score in
the final evaluation of its intention to award the contract to the firm
and shall invite the firm for negotiations.(d) After negotiations are completed, the Borrower
shall furnish to the Bank, in sufficient time for its review, a copy of
the initialed negotiated contract. If the negotiated contract resulted
in substitution of key staff or any changes in the TOR and original
proposed contract, the Borrower shall highlight the changes and provide
an explanation of why these changes are appropriate and necessary.(e) If the Bank determines that the final
evaluation report, recommendation for award, and/or negotiated contract
are inconsistent with the provisions of the RFP, it shall promptly
inform the Borrower and state the reasons for its determination.
Otherwise, the Bank shall provide its final “no objection” to the
contract award. The Borrower shall confirm the award of the contract
only after receiving the “no objection” from the Bank.(f) Following contract signature, the Borrower
shall furnish to the Bank a copy of the final contract before submitting
the first application for disbursement under the contract.(g) The description and amount of the contract,
together with the name and address of the firm, shall be subject to
public disclosure by the Bank upon the Borrower’s confirmation of
contract award.
Modifications of Contract
- Before granting a substantial extension of the stipulated time
for performance of a contract, agreeing to any substantial modification
of the scope of the services, substituting key staff, waiving the
conditions of a contract, or making any changes in the contract that
would in aggregate increase the original amount of the contract by more
than 15 percent, the Borrower shall inform the Bank of the proposed
extension, modification, substitution, waiver, or change, and the
reasons therefor. If the Bank determines that the proposal would be
inconsistent with the provisions of the Loan Agreement, it shall
promptly inform the Borrower and state the reasons for its
determination. A copy of all amendments to the contract shall be
furnished to the Bank.
Post Review
- During Project implementation and up to two years after the
closing date of the Loan Agreement, the Borrower shall retain all
documentation with respect to each contract not governed by paragraph 2
including, but not limited to, the signed original of the contract, the
analysis of the respective proposals, and recommendations for award, for
examination by the Bank or by independent auditors. The Borrower shall
also furnish such documentation to the Bank upon request. The Bank
shall, if it determines that the award of the contract or the contract
itself is not consistent with the Loan Agreement, promptly inform the
Borrower that paragraph 1.18 of the Guidelines shall apply and state the
reasons for such determination.
Translations
- If a contract is subject to prior review and if national firms
were permitted to submit a proposal in the national language, a
certified translation of the proposal, evaluation report, and the draft
contract in either English, French, or Spanish shall be furnished to the
Bank for facilitating the review. Such certified translation shall also
be furnished to the Bank for any subsequent modifications of such
contracts.
ANNEX “J”
SANCTIONS[1]
Article XXI
PENAL CLAUSE
| Sec. 65. |
Offenses and Penalties – (a)
without prejudice to the provisions of R A No 3019, otherwise known as the “Anti-Graft and Corrupt Practices Act” and other penal laws, public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years: |
||
|
(1)
|
Open any sealed Bid including |
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|
(2)
|
Delaying, without justifiable |
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(3)
|
Unduly influencing or exerting |
||
|
(4)
|
Splitting of contracts which exceed procedural purchase limits and competitive bidding. |
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|
(5)
|
When the head of the agency abuses the exercise of his power to reject any and all bids.
|
||
|
When any of the foregoing acts |
|||
|
In addition, the public
officer involved shall also suffer the penalty of temporary disqualification from public office, while the private individual shall permanently disqualified from transacting business with the government. |
|||
|
(b)
|
Private individuals who
commit any of the following acts, including any public officer, who conspires with them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years: |
||
|
(1)
|
When two or more bidders agree and submit |
||
|
(2)
|
When a bidder maliciously submits
different bids through two or more persons, corporations, partnerships or any other business entity in which he has interest to create the appearance of competition that does not in fact exist so as to be adjudged as the winning bidder. |
||
|
(3)
|
When two or more bidders enter into |
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|
(4)
|
when a bidder, by himself or in
connivance with others employ schemes which tend to refrain the natural rivalry of the parties or operates to stifle or suppress competition and thus produce a result disadvantageous to the public. |
||
|
In addition, the persons
involved shall also suffer the penalty of temporary or perpetual disqualification from public office and be permanently disqualified from transacting business with the government. |
|||
|
(c)
|
private individuals who
commit any of the following acts, and any public officer conspiring with them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years: |
||
|
(1)
|
Submit eligibility requirement of whatever |
||
|
(2)
|
Submit Bidding Documents of whatever kind |
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|
(3)
|
Participate in a public bidding using the |
||
|
(4)
|
withdraw a Bid, after it shall have
qualified as the Lowest Calculated Bid/Highest Rated Bid, or refuse to accept an award, without just cause or for the purpose of forcing the Procuring Entity to award the contract to another bidder. This shall include the non-submission within the prescribed time, or delaying the submission of requirements such as, but not limited to, performance security, preparatory to the final award of the contract. |
||
|
(d)
|
When the bidder is a
juridical entity, criminal liability and the accessory penalties shall be imposed on its directors, officers or employees who actually commit any of the foregoing acts. |
||
| Sec. 66. |
Jurisdiction. – Jurisdiction
over the offenses defined under this Article shall belong to the appropriate courts, according to laws existing at the time of the commission of the offense. |
||
ARTICLE XXII
CIVIL LIABILITY
| Sec. 67. |
Civil Liability in Case of |
||
| Sec. 68. |
Liquidated Damages.-All
contracts executed in accordance with this Act shall contain a provision on liquidated damages which shall be payable in case of breach thereof. The amount thereof shall be specified in the IRR. |
||
ARTICLE XXIII
ADMINISTRATIVE SANCTIONS
| Sec. 29. |
Imposition of Administrative
Penalties.-(a) In addition to the provisions of Articles XXI and XXII of this Act, the Head of the Procuring entity, subject to the authority delegated to the BAC, if any, shall impose on bidders or prospective bidders, the administrative penalty of suspension for one (1) year for the first offence, and suspension of two (2) years for the second offense from participating in the public bidding process, for the following violations: |
||
|
(1)
|
Submission of eligibility requirements containing false information or falsified documents. |
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|
(2)
|
Submission of Bids that contain |
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(3)
|
Allowing the use of one’s name, or using the name of another for purposes of public bidding. |
||
|
(4)
|
Withdrawal of a Bid, or |
||
|
(5)
|
Refusal or failure to post the required performance security within the prescribed time. |
||
|
(6)
|
termination of the contract due to the default of the Bidder.
|
||
|
Refusal to clarify or validate |
|||
|
Any documented unsolicited attempt by a bidder to unduly influence the outcome of the bidding in his favor. |
|||
|
All other acts that tend to defeat the purpose of the Competitive Bidding.
|
|||
|
(b)
|
In addition to the penalty of |
||
|
(c)
|
The Head of the Procuring Entity may delegate to the BAC the authority impose the aforementioned administrative penalties.
|
||
| Sec. 70. |
Preventive Suspension.- The |
||
| Sec. 71. |
Lifting of Suspension and
Removal of Administrative Disabilities. – Lifting of preventive suspension pending investigation, as well as removal of administrative penalties and disabilities shall be in accordance with the provisions of section 52 and 53, Chapter 6 (Civil Service Commission), Book V of Executive Order No. 292, the Administrative Code of 1987. |
||
ANNEX “K”
PROTEST MECHANISM
ARTICLE XVII[1]
| Sec. 55. |
Protests on Decisions of the |
||
| Sec 56. |
Resolution of Protests.-The |
||
| Sec 57. |
Non-interruption of the |
||
| Sec. 58. |
Report to regular Court; |
||
|
This provision is without
prejudice to any law conferring on the Supreme Court the sole jurisdiction to issue temporary restraining orders and injunctions relating to Infrastructure Projects of Government. |
|||
(see APPENDIX 1 Project Implementation and Procurement Structure)
APPENDIX “2”
PROCUREMENT PROCESS FOR GOODS and WORKS (NCB)
|
NO.
|
ACTIVITY
|
RESPONSIBILITY
|
LEAD TIME
(Days) |
|
1
|
Finalize Tender Documents for Bank Review.
The tender document shall include Instruction to Bidders, form and amount of Bid Security, draft contract form, including the Terms and Conditions and form and amount of Performance Security, if applicable, specifications, Bid Form consisting of financial proposal form including Bill of quantities. Prepares advertisement |
PIMEG
|
3
|
|
2
|
Review and approves the Tender Documents
|
BAC
|
10
|
|
3
|
Sends Transmittal Letter and Tender Documents to Bank for review and clearance
|
Program Director
|
2
|
|
4
|
Review and clears the Tender Documents
|
World Bank
|
10
|
|
5
|
Sign Purchase Request (PR) for advertisement
|
Program Director
|
2
|
|
6
|
Secure control number for PR, estimates cost for advertisement, approve budget allocation for advertisement. A considerable lumpsum should be set aside for project advertisement as this amount is not covered by the loan/grant. |
AFG
|
2
|
|
7
|
Advertise in newspaper of national circulation. The invitation shall contain information |
PIMEG
|
14
|
|
8
|
Appoint TWG BAC Secretariat will issue Tender Documents to interested bidders (OPTIONAL) Conduct Pre-Bid Conference |
BAC
BAC
|
5
14
|
|
9
|
Prepare and submit Bids
|
BIDDERS
|
45
|
|
10
|
Opening of Bids
|
BAC, PD, PM, PIMEG, COA Representative, etc
|
1
|
|
11.
|
Evaluate Bids and Prepares Bid Evaluation Report
|
TWG
|
10
|
|
12.
|
Review and approved Bid Evaluation Report
|
BAC
|
10
|
|
13.
|
Seek WBs ‘No Objection Letter’ on lowest evaluated bidder
|
Program Director
|
2
|
|
14.
|
Review and clear Bid Evaluation Report and issue No Objection Letter
|
World Bank
|
10
|
|
15.
|
Prepares Contract
|
PIMEG
|
2
|
|
16.
|
Issue Resolution to Award subject to the authorized approving official for approval
|
BAC
|
5
|
|
17.
|
Present Contract to Authorized Approving Official
|
Program Director/PM/PIMEG
|
1 sittings
|
|
18.
|
Reviews and approves the contract
|
Authorized Approving Authority
|
2 sittings
|
|
19.
|
Contractor signs the contract
|
BIDDER
|
2
|
|
20.
|
Issue Notice to Proceed (NTP); Send copy of signed contract to the WB. The NTP establishes the date of mobilization for the contractor |
Program Director
|
2
|
|
21.
|
Commences
|
SUPPLIER
|
7
|
(see Appendix 2 Flowchart: Procurement Process for Goods and Works (NCB))
APPENDIX “3”
PROCUREMENT OF GOODS AND WORKS (ICB)
|
NO.
|
ACTIVITY
|
RESPONSIBILITY
|
LEAD TIME
(Days) |
|
1
|
Finalize the following document
If contract is above US$500,000, these document must be submitted to WB for review Note: Draft General Procurement Notice (To be submitted in advance to WB). WB shall arrange for publication in UNDP. |
PIMEG
|
3
|
|
2
|
Review and clears bidding documents
|
WB
|
10
|
|
3
|
Signs Purchase Request (PR) for Advertisement
|
Program Director
|
2
|
|
4
|
Secure control number for PR, estimate cost for advertisement, approve budget for advertisement
|
AFG
|
2
|
|
5
|
Advertise the Invitation to Bid in at least one newspaper of national circulation. Transmits invitation to those who have expressed interest in response to the GPN The Invitation shall contain information |
PIMEG PIMEG |
14 3 |
|
6
|
Appoint TWG The BAC Chairman will appoint TWG members, BAC Secretariat will issue Tender Documents to interested bidders. (OPTIONAL) Conduct Pre-Bid Conference |
BAC
|
5
2 |
|
7
|
Prepare and submit bids Bidders
|
Bidders
|
45
|
|
8
|
Opening of Bids
|
BAC, PD, PM,
PIMEG COA, BIDDERS, etc. |
1
|
|
9
|
Evaluates bids and prepares bid evaluation report Conduct POST-QUALIFICATION on lowest evaluated bid |
TWG
|
10 5 |
|
10
|
Seek WB ‘No Objection Letter from WB’ on Lowest Evaluated Bidder (If contract is above US$500,000) Program Director
|
Progam Director
|
2
|
|
11.
|
Review and lears Bid Evaluation Report and issue No Objection Letter
|
WB
|
10
|
|
12.
|
Prepares Contract
|
PIMEG
|
2
|
|
13.
|
Issue Resolution of Award subject to the approval of authorized approving official
|
BAC
|
5
|
|
14.
|
Present contract to the authorized approving official for approval
|
PD, PM, PIMEG
|
1 sittings
|
|
15.
|
Review and approves the contract
|
Authorized
approving official |
2 Sittings
|
|
16.
|
Supplier signs the contract
|
Supplier
|
2
|
|
17.
|
Issues Notice to Proceed (NTP), Send copy of signed contract to Bank
|
Program Director
|
2
|
|
18.
|
Commences
|
Supplier
|
7
|
(see Flowchart: Procurement of Goods and Works (ICB))
APPENDIX “4”
NATIONAL SHOPPING PROCESS
|
NO.
|
ACTIVITY
|
RESPONSIBILITY
|
LEAD TIME
(Days) |
|
1
|
Finalize National Shopping Package
The documents consist of Purchase Request, (complete with estimate, specifications) Request for Quotation Form and Purchase Order |
PIMEG
|
10
|
|
2
|
Signs Purchase Request Program Director
|
Program Director
|
3
|
|
3
|
Secures Control No. for Purchase Request
|
AFG
|
2
|
|
4
|
Reviews and signs Request for Quotation
|
BAC
|
5
|
|
5
|
Sends Request for Quotations to at least three (3) qualified suppliers
|
BAC Secretariat
|
3
|
|
6
|
Prepare and submit quotation
|
Suppliers
|
10
|
|
7
|
Opening of Quotations
|
BAC
|
1
|
|
8
|
Evaluates Quotations, prepare evaluation report and Abstract of Bids
|
TWG
|
5
|
|
9
|
Finalizes Purchase Order and submit it to BAC
|
PIMEG
|
3
|
|
10
|
Reviews Evaluation Report, Abstract of Quotations and Purchase Order and issues Resolution of Award
|
BAC
|
5
|
|
11.
|
Reviews and approves Resolution of Award Chief Justice
|
Chief Justice
|
2
|
|
12.
|
Approves Purchase Order
|
Authorized Approving Official
|
2
|
|
13.
|
Sends three (3) copies of the Purchase Order to the Supplier for conforme
|
PIMEG
|
3
|
|
14.
|
Signs the Purchase Order and return two (2) copies to the PMO
|
Supplier
|
2
|
|
15.
|
Commences
|
Supplier
|
7
|
(see Flowchart: National Shopping)
APPENDIX “5”
CONSULTANT SERVICES-QUALITY AND COST BASED SELECTION (QCBS)
|
NO.
|
ACTIVITY
|
RESPONSIBILITY
|
LEAD TIME
(Days) |
|
1
|
Prepares Advertisement, TOR, RFP, qualification Statement Form, cost estimates. The PIMEG will prepares and submit the above documents for BAG review. |
PIMEG
|
10
|
|
2
|
Reviews and approves advertisement, TOR, RFP, Qualification Statement Form, cost estimate
|
BAC
|
10
|
|
3
|
Signs Purchase Request (PR) for advertisement
|
Program Director
|
2
|
|
4
|
Secures control number for PR, estimates cost for advertisement, approve budget allocation for advertisement. A considerable lumpsum should be set aside for project advertisement as this amount is not covered by the loan/grant |
AFG
|
4
|
|
5
|
Advertise in newspaper of national circulation The Invitation shall contain information |
PIMEG
|
14
|
|
6
|
Issue Qualification Statement Form |
BAC Secretariat
|
10
|
|
7
|
Accomplish and submit Qualification Statement Form
|
CONSULTANTS
|
15
|
|
8
|
Receive, evaluate Qualification Statement Form and prepare shortlist
|
BAC
|
15
|
|
9
|
Finalizes RFP (to include list firms included in the shortlist
|
PIMEG
|
5
|
|
10
|
Reviews and approves RFP
|
BAC
|
10
|
|
11.
|
Send transmittal letter, shortlist and RFP to Bank for clearance (If contract is above USS100.000
|
Program Director
|
2
|
|
12.
|
Review and clears RFP, Shortlist and issue |
World Bank
|
10
|
|
13.
|
Send RFP to shortlisted firm
|
BAC
|
3
|
|
14.
|
Appoint TWG The TWG shall appoint TEC members, Contract pre-proposal conference |
BAC
|
5
|
|
15.
|
Prepare and submit Technical and Financial Proposals The time allowed to prepare and submit |
CONSULTANTS
|
30-45
|
|
16.
|
Receives and distribute Technical Proposals to TWG members
|
BAC
|
2
|
|
17.
|
Evaluates Technical Proposals and prepare Technical Evaluation Report The technical proposal shall be evaluated taking into account the criteria provided in the RFP |
TWG
|
15
|
|
18.
|
Review and approves Technical Evaluation Report The report shall substantiate the result of the |
BAC
|
10
|
|
19.
|
Send Technical Evaluation Report to the Bank (If contract is above US$100,000)
|
Program Director
|
2
|
|
20.
|
Reviews and clears Technical Evaluation Report and issue No Objection letter
|
World Bank
|
10
|
|
21.
|
Invites consultants for Financial Proposal Opening BAC shall notify those consultants whose |
BAC
|
20
|
|
22.
|
Opening of the Financial Proposals The financial proposal shall be opened publicly |
BAC, PD, PM, PIMEG, COA representative, TEC, Consultants |
1
|
|
23.
|
Evaluates combined Technical and Financial Scores The quality and cost are independently |
TWG
|
5
|
|
24.
|
Reviews and approves final score
|
TWG
|
10
|
|
25.
|
Seeks WB for No Objection for Combined Program Director
Final Evaluation Results (If contract is above US$100,000) |
Program Director
|
2
|
|
26.
|
Reviews and clears final Evaluation results and issue No Objection Letter
|
World Bank
|
10
|
|
27.
|
Invites first-ranked Consultant for negotiation Five (5) days are allotted for this process in |
BAC
|
5
|
|
28.
|
Contract Negotiation
|
BAC, PD, PM, PIMEG, Consultant
|
10
|
|
29.
|
Issuance of Resolution of Award subject to the approval of the authorized approving official
|
BAC
|
5
|
|
30.
|
Send contract to the WB and seek No Program
Objection Letter |
Program Director
|
2
|
|
31.
|
Reviews and clears contract and issue No
Objection Letter |
World Bank
|
10
|
|
32.
|
Present contract to Authorized Approving Program Director
official for approval |
Program Director/PM, PIMEG
|
1 sitting
|
|
33.
|
Reviews and approves the contract
|
Authorized Approving Official
|
2 sitting
|
|
34.
|
Consultants signs the contract
|
Consultant
|
2
|
|
35.
|
Issues Notice to Proceed (NTP). Send to
Bank copy of signed contract. |
PIMEG
|
2
|
|
36.
|
Commences works
|
Consultant
|
7
|
(see Flowchart: Quality and Cost-Based Selection (QCBS))
APPENDIX “5”
SELECTION BASED ON CONSULTANTS’ QUALIFICATIONS (SBCQ) ACTIVITY
|
NO.
|
ACTIVITY
|
RESPONSIBILITY
|
LEAD TIME
(Days) |
|
1
|
Prepare SBCQ Procurement Package
comprising of: (1) Letter of Intent to procure thru Selection Based on Consultants’ Qualification, (2) RFP, (3) Terms of Reference (TOR), cost estimate & budget and Qualification Statement Form |
PIMEG
|
10
|
|
2
|
Endorses procurement package to BAC
|
Program Director
|
3
|
|
3
|
Reviews and approves the procurement package and procurement thru SBCQ
|
BAC
|
10
|
|
4
|
Request Expression of Interest (EOIs) to attached Qualification Statement Form
|
BAC
|
3
|
|
5
|
OPTIONAL: Advertise if necessary
|
PIMEG
|
14
|
|
6
|
Prepare and submit EOIs and duly accomplished Qualification Statement Form with the requirements
|
Consultants
|
20
|
|
7
|
Receives and evaluates consultants’ The evaluation report shall substantiate the |
BAC
|
15
|
|
8
|
Sends transmittal letter, RFP and the shortlist to the WB for No Objection Letter.
|
Program Director
|
2
|
|
9
|
Reviews selection process. Issues No Objection Letter
|
World Bank
|
10
|
|
10
|
Send RFP to most qualified consultant
|
BAC
|
3
|
|
11.
|
Prepares and submit combined Technical-Financial Proposal
|
Consultant
|
20-30
|
|
12.
|
Review Technical-Financial Proposal and Invites selected consultant
|
BAC
|
5
|
|
13.
|
Contract Negotiation
|
BAC, PD, PM, PIMEG
|
5
|
|
14.
|
Issues Resolution of Award subject to the roval of the authorized approving official
|
BAC
|
5
|
|
15.
|
Present contract to Authorized Approving Authority for approval
|
Program Director, PM, PIMEG
|
1 sitting
|
|
16.
|
Reviews and approves contract
|
Authorized Approving Authority
|
2 sitting
|
|
17.
|
Signs contract
|
Consultant
|
2
|
|
18.
|
Issues Notice to Proceed (NTP)
|
Program Director
|
2
|
|
19.
|
Commences
|
Consultant
|
7
|
(see Flowchart: Selection Based on Consultants’ Qualifications (SCBQ))
APPENDIX “7”
SELECTION OF INDIVIDUAL CONSULTANT
|
NO.
|
ACTIVITY
|
RESPONSIBILITY
|
LEAD TIME
(Days) |
|
1
|
Prepares Terms of Reference (TOR), qualification requirements, cost estimate, advertisement, draft contract
|
PIMEG
|
5
|
|
2
|
Request BAC to select individual consultant
|
Program Director
|
2
|
|
3
|
Reviews the TOR, qualification requirements, budget, and WB approval to hire individual consultant
|
BAC
|
5
|
|
4
|
Advertises the proposed consultancy contract
|
PIMEG
|
3
|
|
5
|
Prepare and submit CVs
|
Consultant
|
7
|
|
6
|
Receives and evaluates CVs. Conduct interview and prepares shortlist
|
BAC
|
10
|
|
7
|
Submit shortlist to World Bank for concurrence if contract is more than US$50,000
|
Program Director
|
2
|
|
8
|
Reviews and gives clearance
|
World Bank
|
10
|
|
9
|
Signs the contract
|
Consultant
|
3
|
|
10
|
Approves the contract and sends signed copy to the WB
|
Authorizing Approving Official
|
3
|
|
11.
|
Commences
|
Consultant
|
7
|