Wb appendix 3 guidance to bidders
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1) The document provides guidance to potential bidders on participating in World Bank-financed procurement. It outlines the roles and responsibilities of the borrower, who is responsible for implementation, and the World Bank, who ensures funds are used appropriately. 2) Bidders should carefully review bidding documents for clarity and raise any issues with the borrower. It is the bidder's responsibility to submit a fully compliant bid. 3) Communications between bidders and the World Bank will be shared with the borrower, and the World Bank will review issues raised but not discuss competitor bids.
Wb appendix 3 guidance to bidders
- 1. Guidance to BiddersGuidelines Procurement under IBRD Loans and IDA Credits
- 2. PurposePara 1This Appendix provides guidance to potential bidders wishing to participate in Bank-financed procurement.
- 3. Responsibility for ProcurementPara 2The responsibility for the implementation of the project, and therefore for the payment of goods, works, and services under the project, rests solely 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 and/or the Procurement Plan shall be submitted with the Borrower's withdrawal application.
- 4. Responsibility for ProcurementPara 2Payment may be made to reimburse the Borrower for payment(s) already made from its own resources, directly to a third party (usually to a supplier or contractor), or to a commercial bank for expenditures against a World Bank Special Commitment covering a commercial bank's letter of credit. As emphasized in paragraph 1.2 of the Guidelines, the Borrower is legally responsible for the procurement. It invites, receives, and evaluates bids, and awards the contract. The contract is between the Borrower and the supplier or contractor. The Bank is not a party to the contract.
- 5. Bank’s RolePara 3As stated in paragraph 1.11 of the Guidelines, the Bank reviews the procurement procedures, documents, bid evaluations, award recommendations, and the contract to ensure that the process is carried out in accordance with agreed procedures, as required in the Loan Agreement. In the case of major contracts, the documents are reviewed by the Bank prior to their issue, as described in Appendix 1. Also, if, at any time in the procurement process (even after the award of contract), the Bank concludes that the agreed procedures were not followed in any material respect, the Bank may declare misprocurement, as described in paragraph 1.12.
- 6. Bank’s RolePara 3However, if a Borrower has awarded a contract after obtaining the Bank’s “no objection,” the Bank will declare misprocurement only if the “no objection” was issued on the basis of incomplete, inaccurate, or misleading information furnished by the Borrower. Furthermore, if the Bank determines that corrupt or fraudulent practices were engaged in by representatives of the Borrower or of the bidder, the Bank may impose the applicable sanctions set forth in paragraph 1.14 of the Guidelines.
- 7. Bank’s RolePara 4The Bank has published Standard Bidding Documents (SBDs) for various types of procurement. As stated in paragraph 2.12 of the Guidelines, it is mandatory for the Borrower to use these documents, with minimum changes to address country- and project-specific issues. The prequalification and bidding documents are finalized and issued by the Borrower.
- 8. Information on BiddingPara 5Information on bidding opportunities under ICB may be obtained from the General Procurement Notice and the Specific Procurement Notices as described in paragraphs 2.7 and 2.8 of the Guidelines. General guidance on participation, as well as advance information on business opportunities in upcoming projects, may be obtained from the World Bank website as well as from the Infoshop. Project Appraisal Documents (PAD) are also available from the Infoshop and on the Bank’s website upon approval of the loan.
- 9. Bidder’s RolePara 6Once a bidder receives the prequalification or bidding document, the bidder should study the documents carefully to decide if it can meet the technical, commercial, and contractual conditions, and if so, proceed to prepare its bid. The bidder should then critically review the documents to see if there is any ambiguity, omission, or internal contradiction, or any feature of specifications or other conditions which are unclear or appear discriminatory or restrictive; if so, it should seek clarification from the Borrower, in writing, within the time period specified in the bidding documents for seeking clarifications.
- 10. Bidder’s RolePara 7The criteria and methodology for selection of the successful bidder are outlined in the bidding documents, generally under Instructions to Bidders and Specifications. If these are not clear, clarification should be similarly sought from the Borrower.
- 11. Bidder’s RolePara 8In this connection it should be emphasized that the specific bidding documents issued by the Borrower govern each procurement, as stated in paragraph 1.1 of the Guidelines. If a bidder feels that any of the provisions in the documents are inconsistent with the Guidelines, it should also raise this with the Borrower.
- 12. Bidder’s RolePara 9It is the responsibility of the bidder to raise any issue of ambiguity, contradiction, omission, etc., prior to the submission of its bid, to assure submission of a fully responsive and compliant bid, including all the supporting documents requested in the bidding documents. Noncompliance with critical (technical and commercial) requirements will result in rejection of the bid. If a bidder wishes to propose deviations to a noncritical requirement, or propose an alternative solution, the bidder should quote the price for the fully compliant bid and then separately indicate the adjustment in price that can be offered if the deviation is accepted.
- 13. Bidder’s RolePara 9Alternative solutions should be offered only when authorized in the bidding documents. Once bids are received and publicly opened, bidders will not be required or permitted to change the price or substance of a bid.
- 14. ConfidentialityPara 10As stated in paragraph 2.47 of the Guidelines, the process of bid evaluation shall be confidential until the publication of contract award . This is essential to enable the Borrower and Bank reviewers to avoid either the reality or perception of improper interference. If at this stage a bidder wishes to bring additional information to the notice of the Borrower, the Bank, or both, it should do so in writing.
- 15. Action by the BankPara 11Bidders are free to send copies of their communications on issues and questions with the Borrower to the Bank or to write to the Bank directly, when Borrowers do not respond promptly, or the communication is a complaint against the Borrower. All such communications should be addressed to the Task Team Leader for the project, with a copy to the Country Director for the borrowing country and to the Regional Procurement Adviser. Names of Task Team Leaders are available in the PAD.
- 16. Action by the BankPara 12References received by the Bank from potential bidders, prior to the closing date for submission of the bids, will, if appropriate, be referred to the Borrower with the Bank’s comments and advice, for action or response.
- 17. Action by the BankPara 13Communication received from bidders after the opening of the bids, will be handled as follows. In the case of contracts not subject to prior review by the Bank, the communication will be sent to the Borrower for due consideration and appropriate action, if any, and these will be reviewed during subsequent supervision of the project by Bank staff. In the cases of contracts subject to the prior review process, the communication will be examined by the Bank, in consultation with the Borrower. If additional data is required to complete this process, these will be obtained from the Borrower. If additional information or clarification is required from the bidder, the Bank will ask the Borrower to obtain it and comment or incorporate it, as appropriate, in the evaluation report. The Bank’s review will not be completed until the communication is fully examined and considered.
- 18. Action by the BankPara 14Except for acknowledgment, the Bank will not enter into discussion or correspondence with any bidder during the evaluation and review process of the procurement, until award of the contract is published.
- 19. DebriefingPara 15As stated in paragraph 2.65, if, after notification of award, a bidder wishes to ascertain the grounds on which its bid was not selected, it should address its request to the Borrower. If the bidder is not satisfied with the explanation given and wishes to seek a meeting with the Bank, it may do so by addressing the Regional Procurement Adviser for the borrowing country, who will arrange a meeting at the appropriate level and with the relevant staff. In this discussion, only the bidder’s bid can be discussed and not the bids of competitors.