Procurement operation delivery optimization
- 1. BOS 1 Procurement of Goods and Works Asian Development Bank Business Opportunities
- 2. BOS 2 Asian Development Bank Procurement System – Principles Key Principles Source of Procurement Economy and Efficiency Fairness Transparency Promotion of Domestic Industries
- 3. BOS 3 ADB Board Policy Commercial Practices Other MDBs ADB Experience ADB Charter Asian Development Bank Procurement System - Guidelines PROCUREMENT GUIDELINES
- 4. BOS 4 Asian Development Bank Procurement System - Eligibility Eligibility Goods • must be produced in a member country Bidders • must be nationals of eligible source countries • must not have a conflict of interest • must not be under declaration of ineligibility by ADB • must not be ineligible due to an UN Security Counsel resolution • must be, in case of a GOE, legally and financially autonomous, operate under commercial law and be independent of the Employer
- 5. BOS 5 Responsibilities The Borrower (Executing Agency) is responsible for all procurement activities ADB will review the procurement activities to ensure that the ADB’s Guidelines for Procurement are followed Asian Development Bank Procurement System - Responsibilities
- 6. BOS 6 Asian Development Bank Procurement System - Anticorruption Corrupt Practice offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party Fraudulent Practice any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation Coercive Practices impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party Collusive Practice an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party Definitions
- 7. BOS 7 ADB will if it determines at any time that any party has engaged in corrupt, fraudulent, coercive, or collusive practices reject a proposal to award contract cancel the portion of a loan declare a firm ineligible either indefinitely or for a stated period of time inspect accounts and records of suppliers and contractors and have them audited by auditors appointed by the Bank Asian Development Bank Procurement System – Anticorruption Actions
- 8. BOS 8 Asian Development Bank Procurement System – Procurement Methods International Competitive Bidding Limited International Bidding National Competitive Bidding Shopping Direct Contracting Force Account Procurement from Specialized Agencies Procurement Agents Inspection Agents Procurement in Loans to Financial Intermediaries Procurement under BOO / BOT / BOOT, Concessions and Similar Private Sector Arrangements Performance Based Procurement Procurement under Loans Guaranteed by ADB Community Participation in Procurement Procurement under Disaster and Emergency Assistance
- 9. BOS 9 International Competitive Bidding (ICB) For supply contracts valued at US$1.0 million or more For works contracts valued at US$10.0 million or more Value for money Provides for adequate, fair and equal opportunities Asian Development Bank Procurement System – Procurement Methods
- 10. BOS 10 Preparation of Bids Bid Opening Bid Evaluation Award of Contract Prequalification ICB Activities Asian Development Bank Procurement System – Procurement Methods
- 11. BOS 11 Source of Procurement Use of SBDs Reference to ADB Bid Validity & Bid Security Language Clarity Standards Use of Brand Names Pricing Price Adjustment Transportation and Insurance Currency of Bid Currency of Bid Comparison Currency of Payment Terms of Payments Alternative Bids Conditions of Contract Performance Security Liquidated Damages & Bonus Force Majeure Settlement of Dispute Key Provisions of ICB Asian Development Bank Procurement System – Procurement Methods
- 12. BOS 12 Time for Preparation of Bids Bid Opening Procedures Clarification or Alteration of Bids Confidentiality Examination of Bids Evaluation and Comparison of Bids Key Provisions of ICB Domestic Preference Extension of Bid Validity Postqualification of Bidders Award of Contract Publication of the Award of Contract Rejection of all Bids Debriefing Asian Development Bank Procurement System – Procurement Methods
- 13. BOS 13 Two Stage Two-Stage: Two-Envelope Single-Stage: Two-Envelope Single-Stage: One-Envelope Asian Development Bank Procurement System – Bidding Procedures
- 15. BOS 15 Deadline ADB Approval ADB Approval Preparation Evaluation 1 Evaluation 2 Technical Proposal Financial Proposal Financial Financial Technical Proposal Financial Proposal Technical STOP Bidding Procedures Single-Stage: Two-Envelope
- 16. BOS 16 ADB Approval Deadline Technical Proposal Technical Technical Proposal Revised Techn. Proposal Suppl. Financial Proposal Financial Proposal Financial Financial Proposal Evaluation 2 Preparation 2 Evaluation 1 Preparation 1 ADB Approval Deadline Revised Technical Suppl. Financial Revised Techn. Proposal Suppl. Financial Proposal Financial Financial STOP STOP Bidding Procedures Two-Stage: Two-Envelope
- 17. BOS 17 ADB Approval Deadline ADB Approval Deadline Evaluation 2 Preparation 2 Evaluation 1 Preparation 1 Technical Proposal Technical Proposal Technical Revised Technical Financial Revised Technical Proposal Financial Proposal Revised Technical Proposal Financial Proposal STOP STOP Bidding Procedures Two-Stage
- 18. BOS 18 Prequalification •Advertisement and Invitation to Prequalify •Evaluation Criteria •Evaluation of Applications Preparation of Bid Documents •Invitation to Bid •Advertisement •Bid Documents Bid Evaluation •Evaluation Report •Proposal of Award Award of Contract •Certified Contract EA Procurement Plan • Contracts (Goods, Works, Services) • Procurement Mode • Procurement Timing • ADB review (post/prior) Asian Development Bank Procurement System – ADB Prior Review
- 19. BOS 19 Additional ADB Approval Requirements Extension of bid validity Complaints from bidders after contract award Change in contract award recommendation Change in the terms and conditions of contract Time extensions, modifications of conditions, change orders increasing in aggregate the original contract amount by more than 15% Asian Development Bank Procurement System – ADB Prior Review
- 20. BOS 20 Prerequisite - EA capacity assessment Procedure - Prior review of 1st set of procurement documents in project only - Advertisement provided after posting - ADB reviews contract award decisions post facto Timing - BER and contract documents to be submitted as soon as completed - ADB must respond in 6 months - EA required to keep files for 2 years Risk - Misprocurement cancellation of funds Asian Development Bank Procurement System – ADB Post Review
- 21. BOS 21 Award of contracts for values of $10.0mill. and above must be approved by the Bank’s — Procurement Committee — Chairman : Principal Director, COSO Members : Assistant General Counsel Director, Sector Division Secretary : Senior Procurement Specialist (Non-Voting) Asian Development Bank Procurement System – ADB Review
- 22. BOS 22 Matters for Consideration For contracts estimated at $10.0 million or more Prequalification Evaluation Technical Evaluation (2-stage/2-envelope bidding) Bid Evaluation Award Proposal for Rebidding Proposal for Cancellation Actions in conflict with the ADB requirements Proposal to vary previous PC decisions Any matters designated by management Asian Development Bank Procurement System – ADB Review
- 23. BOS 23 Purpose to ensure that bids are submitted only by firms that have the necessary qualifications in terms of Eligibility Experience Financial Capacity Pending Litigation to undertake the work for which bids are to be invited. Asian Development Bank Procurement System – Prequalification
- 24. BOS 24 Used for Large complex works contracts Turnkey contracts Contracts for fabrication of custom designed plant and equipment Specialized service contracts Complex IT contracts Asian Development Bank Procurement System – Prequalification
- 25. BOS 25 Asian Development Bank Business Opportunities Preparing responsive bids Avoiding common pitfalls
- 26. BOS 26 Joint Venture Requirements All partners must be eligible J.V. agreement must contain provision for joint and several liability One of the partners must be authorized to be in charge Copy of Joint Venture agreement must be included in the bid Asian Development Bank Preparing Responsive Bids
- 27. BOS 27 Be compliant ! Submit a basic offer that complies with all terms and conditions of the bidding document, even if some of these conditions appear irrelevant Don’t qualify ! Do not add any conditions. Conditionalities or qualifications will lead to rejection Get official clarification ! Submit an official inquiry to the EA if any provisions of the bidding document are unclear or unacceptable before the bid closing date or such date as may be specified. A copy may also be submitted to the bank if appropriate Asian Development Bank Preparing Responsive Bids
- 28. BOS 28 Be aware of bid evaluation criteria ! Check if other factors besides price, such as delivery periods, efficiency, operating & maintenance costs, will be considered in the bid evaluation. These factors must be specified in the bidding document to be applied. Be clear with alternatives ! Submit alternatives only if explicitly allowed in the bidding document. Alternative proposal, if allowed, should be submitted in addition to the compliant proposal. The proposed alternatives and corresponding changes in bid price should be clearly indicated. Only the alternative proposal submitted by the bidder with the lowest evaluated and substantially responsive compliant bid can be considered, unless otherwise provided in the bidding documents. Asian Development Bank Preparing Responsive Bids
- 29. BOS 29 Ensure bid is complete ! Check if the bid complies with all the requirements of the bidding document such as bid security, power of attorney, additional documents such as test certificates and technical brochures. Incomplete Bids may be rejected. Make final check of bid ! Amount, validity and text of Bid Security Signatures and power of attorney Joint venture agreement enclosed References enclosed Discounts in covering letter or appropraiate place as specified in the bidding document Marking of envelopes Asian Development Bank Preparing Responsive Bids
- 30. BOS 30 Be on time ! Submit bid within the stipulated deadline. Late bids will not be accepted. During opening ensure ! All relevant prices are read out All discounts are read out Presence and amount of bid security is read out No envelope remains unopened All the above is recorded correctly The record is signed by all bidders present and by the buyer Be Aware of Possible Extension ! There may be a request to extend the bid validity period by several months, as in certain cases the evaluation of bids requires more time than originally expected. Asian Development Bank Preparing Responsive Bids
- 31. BOS 31 Asian Development Bank Business Opportunities How your bid is evaluated Determining the winning bid
- 32. BOS 32 Determination of the lowest evaluated and substantially responsive bid Asian Development Bank Bid Evaluation – Purpose
- 33. BOS 33 Public Opening of Bids Bids received are opened publicly by the EA at the time and place indicated in the bidding documents Required for the sake of Fairness and Transparency Gives bidders assurance that all bids will be treated fairly and impartially Bidders’ attendance is encouraged Record of the items read out is to be kept by the EA Record is initialed by the representatives of bidders present Asian Development Bank Opening of Bids
- 34. BOS 34 Information read out Bidder’s name Total bid price Price of alternative bids, if any Amount or percentage of any discounts offered and the conditions under which the discounts are applicable Bid security - amount and validity Any other information which is deemed necessary to be announced by the Tender Committee. Asian Development Bank Opening of Bids
- 35. BOS 35 Complete Basic Data Sheet Prepare Record of Bid Opening Prepare Table of Bid Prices Examine Bids for Responsiveness Identify Bids for Detailed Evaluation Evaluate Bids in Detail Adjust Bid Prices Apply Other Adjustments Asian Development Bank Bid Evaluation – Typical Sequence
- 36. BOS 36 Time Frame The bid evaluation of bids and the award of contract should be completed before the expiration of the bid validity as stipulated in the bid documents Confidentiality of Procedure After opening of bids no information to non-authorized persons on : Substance of bid Preliminary examination results and status Evaluation results and status Recommendation of award Asian Development Bank Bid Evaluation – Basics
- 37. BOS 37 Clarification and Alteration of Bids Only clarifications not changing the substance or the price of the bid may be requested or accepted by the Borrower Arithmetical Errors No cause for bid rejection. Can be corrected : Discrepancy between Unit Price and Total Price Unit Price will prevail Discrepancy between Total Bid Amount and Sum of Total Prices Total Prices will prevail Asian Development Bank Bid Evaluation – Basics
- 38. BOS 38 Postqualification Purpose Identifies qualified bidders during initial examination of opened bids Spares borrowers/EA from detailed evaluation of bids of unqualified bidders Typical Criteria Experience Financial position Staff Qualifications Technical capability After sales service Past performance Asian Development Bank Bid Evaluation – Basics
- 39. BOS 39 Major Deviations Has an effect on the validity of the bid; or Has been specified in the bid documents as grounds for rejection of the bid; or Is a deviation from the provisions of the bidding documents with effect on the bid price, but cannot be given a monetary value; or Is a deviation from the minimum experience qualifications specified in the bidding documents; or Is an unacceptable deviation from the specifications Conditional bid Asian Development Bank Bid Evaluation – Basics
- 40. BOS 40 Minor Deviations Has no effect on the validity of the bid; or Has no effect on the price, quality or delivery of the goods or services offered; or Has such effect, but the difference from commercial terms and technical specifications can be given a monetary value; or Has not been specified in the bid documents as grounds for rejection, provided total amount of deviations does not exceed a previous determined percentage of the bid price (usually 15 per cent) Asian Development Bank Bid Evaluation – Basics
- 41. BOS 41 Extension of Bid Validity Considered in exceptional cases When considered, all bidders should be asked Bidders willing to extend bid validity cannot modify substance of bid must extend validity of bid security Commercial Aspects Exercise flexibility in evaluating commercial aspects such as : Delivery Schedule Terms of Payment Mode of Payments Asian Development Bank Bid Evaluation – Basics
- 42. BOS 42 Price Adjustment Provision In evaluating bids do not take into account price adjustment provisions. Use base price for comparison. All bids are subject to same degree of adjustment. Alternative Bids When acceptable, specify Conditions in Invitation to Bid and Instructions to Bidders Method of evaluation and comparison Asian Development Bank Bid Evaluation – Basics
- 43. BOS 43 Basis for Price Comparison Goods for Goods from outside Includes cost of insurance and freight (CIF or CIP) Excludes custom duties or other taxes levied on goods for Goods from inside Includes ex-factory price (EXW) Excludes any sales or similar taxes levied on goods Related Services including all taxes and duties Works Includes all taxes, duties and other levies Asian Development Bank Bid Evaluation – Basics
- 44. BOS 44 Exchange Rates For bid comparison use single currency as specified in bid documents (usually local currency or US$) The rates to be used are the selling rates quoted by an official source (central bank, commercial bank, or internationally circulated newspaper) Date of exchange rate to be specified in bidding documents shall be : Not earlier than 28 days prior to the deadline for submission of bids Not later than the original date for the expiry of bid validity Asian Development Bank Bid Evaluation – Basics
- 45. BOS 45 Factors to be considered payment schedule delivery time operating costs efficiency and compatibility of the equipment availability of service and spare parts, and related training safety, and environmental benefits The factors other than price to be used for determining the lowest evaluated bid shall, to the extent practicable, be expressed in monetary terms Asian Development Bank Bid Evaluation – Basics
- 46. BOS 46 4. Performance 2,488,614 232,000 BIDDER A BIDDER B 3. Technical Compliance 477,000 723,017 B. Evaluated Bid Price 37,785,339 35,396,322 A. Bid Price (adjusted for Scope) 33,456,725 34,213,305 240,000 2 Adjustment for Scope 2,053,000 33,973,305 1. Bid Price (arithmatically corrected) 31,403,725 6. Delivery 1,023,000 123,000 105,000 340,000 5. Terms of Payment Example Supply Contracts Asian Development Bank Bid Evaluation – Domestic Preference
- 47. BOS 47 Purpose To provide margin of preference to domestically manufactured goods or domestic contractors for ADB-financed projects To allow domestic firms to compete with foreign firms on more equal footing Conditions Granting of preference subject to conditions Applies only to ICB Needs to be applied for by Borrower To be specified in Loan Agreement if scheme is applied Asian Development Bank Bid Evaluation – Domestic Preference
- 48. BOS 48 Responsive bids are to be classified into three groups: Group A: Goods manufactured locally with more than 30% domestic value added Group B: Goods manufactured locally with less than 30% domestic value added Group C: Imported goods Supply Contracts Asian Development Bank Bid Evaluation – Domestic Preference
- 49. BOS 49 Procedure Determine lowest bid in each group Compare lowest evaluated bids among the groups If lowest is from group A or B, select it for contract award If lowest is in Category III, compare: 1.15 x CIF price of Group C against EXW price of Group A Supply Contracts Asian Development Bank Bid Evaluation – Domestic Preference
- 50. BOS 50 C. Evaluated Bid Price (w. Dom .Pref.) 37,785,339 40,528,318 BIDDER X BIDDER Y Group A Bid Group C Bid Example Supply Contract 4. Performance 2,488,614 232,000 3. Technical Compliance 477,000 723,017 5,131,996 --------- 7. Domestic Preference (15% of A.) B. Evaluated Bid Price 37,785,339 35,396,322 A. Bid Price (adjusted for Scope) 33,456,725 34,213,305 240,000 2. Adjustment for Scope 2,053,000 33,973,305 1. Bid Price (arithmetically corrected) 31,403,725 6. Delivery 1,023,000 123,000 105,000 340,000 5. Terms of Payment Asian Development Bank Bid Evaluation – Domestic Preference
- 51. BOS 51 9,900 BID PRICE COMPARE 9,900 10,000 10,000 9,000 9,000 9,000 BID PRICE COMPARE 10,000 10,000 9,900 9,900 9,000 AWARD Examples Group A Group B Group C Supply Contracts AWARD 9,900 BID PRICE COMPARE 9,000 9,000 x 1.15 =10,350 10,000 10,000 AWARD Asian Development Bank Bid Evaluation – Domestic Preference
- 52. BOS 52 Procedure Goods offered from outside the Borrower’s country are quoted CIF Locally manufactured goods are quoted EXW Other components such as design, installation, commissioning, testing and supervision are quoted separately For comparison of local goods with imported goods, add to the offered CIF price of the imported goods the lesser of either 15% , or applicable duties and taxes to be paid for each item Turnkey / Supply & Installation Asian Development Bank Bid Evaluation – Domestic Preference
- 53. BOS 53 Turnkey / Supply & Installation SERVICES WORKS SUPPLY Example Design 2,000 2,500 Civil works 23,000 27,500 Equipment EXW 10,000 60,000 Equipment CIF 100,000 50,000 Total 135,000 140,000 Domestic Preference loading 15% of CIF: 15,000 7,500 COMPARE: 150,000 147,500 AWARD BID PRICE Bidder A Bidder B Asian Development Bank Bid Evaluation – Domestic Preference
- 54. BOS 54 Responsive bids are to be classified into two categories Category I Bids offered by Domestic Contractors and Joint Ventures eligible for the Preference Category II Bids offered by other Contractors Civil Works Asian Development Bank Bid Evaluation – Domestic Preference
- 55. BOS 55 Eligibility Criteria for Domestic Contractors Incorporated in the borrower’s country Majority ownership by nationals of borrowing country Will not subcontract to foreign contractors more than 50% of the total value of their work Civil Works Asian Development Bank Bid Evaluation – Domestic Preference
- 56. BOS 56 Eligibility Criteria for Joint Ventures between Domestic and Foreign Firms The domestic partner is individually eligible according to the criteria stated previously The domestic partner would not qualify for the works without the participation of the foreign partner The domestic partner will carry out at least 50% of the works in terms of value Civil Works Asian Development Bank Bid Evaluation – Domestic Preference
- 57. BOS 57 Procedure Determine lowest evaluated bid from each category Compare lowest bids from each category If lowest bid is from category I, award contract If lowest bid is from category II add 7.5% and compare it with lowest bid from Category I, award contract to lowest Civil Works Asian Development Bank Bid Evaluation – Domestic Preference
- 58. BOS 58 Category I Category II BID PRICE 10,000 9,900 COMPARE 10,000 9,900 COMPARE 9,000 x 1.075 = 9,675 9,500 AWARD BID PRICE 9,000 9,500 Example Civil Works AWARD Asian Development Bank Bid Evaluation – Domestic Preference
- 59. BOS 59 Asian Development Bank Business Opportunities Getting Paid ADB Disbursement Procedures
- 60. BOS 60 Direct Payment Procedure used for payment of large civil works progress payments, consultant’s fees, and importation of goods where not practical to open a letter of credit Reimbursement Procedure used for payment of local currency costs, petty purchases and small civil works payments Commitment Procedure used extensively for financing import of goods Imprest Fund Procedure used for payment of contractors’ bills and suppliers’ invoices in small amounts or numerous items of operating expenses Asian Development Bank Disbursement Procedures
- 61. BOS 61 1 - Application for LC 1 Supplier’s Bank Executing Agency Borrower’s Bank 2 2 - LC Opened 3 3 - Application for CL 4 4 - CL Approval 5 5 - Issue of CL Asian Development Bank Disbursement Procedures
- 62. BOS 62 Asian Development Bank Business Opportunities Questions, Clarifications, Debriefing, etc