Common use of Other Methods of Procurement of Goods and Works Clause in Contracts

Other Methods of Procurement of Goods and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: Procurement Method (a) National Competitive Bidding, subject to the following additional provisions: (1) Registration (i) Bidding shall not be restricted to pre-registered firms. (ii) Where registration is required, bidders (1) shall be allowed a reasonable time to complete the registration process, and (2) shall not be denied registration for reasons unrelated to their capability and resources to successfully perform the contract, which shall be verified through post-qualification. (iii) Foreign bidders shall not be precluded from bidding. If a registration process is required, a foreign bidder declared the lowest evaluated bidder shall be given a reasonable opportunity to register. (2) Advertising Invitations to bid shall be advertised in at least one widely circulated national daily newspaper allowing a minimum of twenty one (21) days for the preparation and submission of bids. (3) Pre-qualification When pre-qualification shall be required for large or complex works, invitations to pre-qualify for bidding shall be advertised in at least one widely circulated national daily newspaper a minimum of 30 days prior to the deadline for the submission of pre-qualification applications. Minimum experience, and technical and financial requirements, shall be explicitly stated in the pre-qualification documents. (4) Participation by Government-owned enterprises Government-owned enterprises in Bosnia and Herzegovina, including those in the Federation and Republika Srpska, shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law and are not a dependent agency of the contracting authority. Furthermore, they will be subject to the same bid and performance security requirements as other bidders. (5) Bidding Documents Procuring entities shall use the appropriate standard bidding documents for the procurement of goods, works or services, acceptable to the Association. (6) Bid Opening and Bid Evaluation (i) Bids shall be opened in public, immediately after the deadline for submission of bids. (ii) Evaluation of bids shall be made in strict adherence to the monetarily quantifiable criteria declared in the bidding documents. (iii) Contracts shall be awarded to the qualified bidder having submitted the lowest-evaluated, substantially responsive bid and no negotiation shall take place. (7) Price Adjustment Civil works contracts of long duration (more than 18 months) shall contain an appropriate price adjustment clause. (8) Rejection of Bids (i) All bids shall not be rejected and new bids solicited without the Association’s prior concurrence. (ii) When the number of bids received is less than three, re-bidding shall not be carried out without the Association’s prior concurrence. ECA Regional Sample Bidding Documents, modified as acceptable to the Association, shall be used. (b) Shopping

Other Methods of Procurement of Goods and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: . Procurement Method (a) National Competitive BiddingBidding of the Borrower may be used for procurement of goods and works for the Project, subject to provided that the following additional provisionsprovisions are complied with: (1) Registration (i) Bidding shall not be restricted to pre-registered firms. (ii) Where registration is requiredThe bid document clearly explains the bid evaluation, bidders (1) shall be allowed a reasonable time to complete the registration processaward criteria and bidder qualification criteria; Technical, and (2) shall not be denied registration for reasons unrelated to their capability and resources to successfully perform the contract, which shall be verified through post-qualification. (iii) Foreign bidders shall not be precluded from bidding. If a registration process is required, a foreign bidder declared the lowest evaluated bidder shall be given a reasonable opportunity to register. (2) Advertising Invitations to bid shall be advertised in at least one widely circulated national daily newspaper allowing a minimum of twenty one (21) days for the preparation and submission of bids. (3) Pre-qualification When pre-qualification shall be required for large or complex works, invitations to pre-qualify for bidding shall be advertised in at least one widely circulated national daily newspaper a minimum of 30 days prior to the deadline for the submission of pre-qualification applications. Minimum experience, and technical administrative and financial requirements, shall be explicitly stated in the pre-qualification documents. (4) Participation by Government-owned enterprises Government-owned enterprises in Bosnia envelopes are publicly and Herzegovina, including those in the Federation and Republika Srpska, shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law and are not a dependent agency of the contracting authority. Furthermore, they will be subject to the same bid and performance security requirements as other bidders. (5) Bidding Documents Procuring entities shall use the appropriate standard bidding documents for the procurement of goods, works or services, acceptable to the Association. (6) Bid Opening and Bid Evaluation (i) simultaneously opened; Bids shall be opened in public, immediately after the deadline for submission of bids. (ii) Evaluation of bids shall be made in strict adherence to the monetarily quantifiable evaluated on price and any other criteria declared disclosed in the bidding documents. (iii) Contracts shall be bid documents and quantified in monetary terms and contracts are awarded to the qualified bidder having with the lowest evaluated responsive bid; Prior to issuing the first call for bids, a draft standard bidding document to be used under National Competitive Bidding procurement must be submitted to, and found acceptable, by the lowest-evaluatedBank; Tenders will be advertised with no less than four (4) weeks notice for bid submission; Bidders will be allowed to deliver their bid by hand or by mail before the expiration of the deadline for submitting bids; If foreign firms wish to participate, substantially responsive bid they shall be allowed to do so and no negotiation provision for preferential treatment for national companies or mandatory association between foreign and national firms shall take place. (7) Price Adjustment Civil works contracts apply; The procedures shall include publication of long duration (more than 18 months) evaluation results and the award of contract and provisions for bidders to protest; and The bid document shall contain an appropriate price adjustment clause. (8) Rejection specify that the mention of Bids (i) All bids the bidder’s name on the envelope shall not be rejected and new bids solicited without constitute a reason for rejecting the Association’s prior concurrence. (ii) When the number of bids received is less than three, re-bidding shall not be carried out without the Association’s prior concurrence. ECA Regional Sample Bidding Documents, modified as acceptable to the Association, shall be used. bid Procurement Method (b) ShoppingShopping C. Particular Methods of Procurement of Consultants’ Services

Other Methods of Procurement of Goods and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan Plans shall specify the circumstances under which such methods may be used: . Procurement Method (a) National Competitive Bidding, Bidding procedures* Shopping *National Competitive Bidding shall be subject to the following additional provisions: Invitations to bid shall be advertised in at least one national newspaper with a wide circulation, at least thirty (130) Registration (i) days prior to the deadline for the submission of bids; Bid documents shall be made available, by mail or in person, to all who are willing to pay the required fee; Foreign bidders shall not be precluded from bidding and price preference as per the Procurement Guidelines shall apply to national bidders in the bidding process; Bidding shall not be restricted to pre-registered firms. (ii) Where registration is required, bidders (1) ; Qualification criteria shall be allowed a reasonable time to complete the registration process, and (2) shall not be denied registration for reasons unrelated to their capability and resources to successfully perform the contract, which shall be verified through post-qualification. (iii) Foreign bidders shall not be precluded from bidding. If a registration process is required, a foreign bidder declared the lowest evaluated bidder shall be given a reasonable opportunity to register. (2) Advertising Invitations to bid shall be advertised in at least one widely circulated national daily newspaper allowing a minimum of twenty one (21) days for the preparation and submission of bids. (3) Pre-qualification When pre-qualification shall be required for large or complex works, invitations to pre-qualify for bidding shall be advertised in at least one widely circulated national daily newspaper a minimum of 30 days prior to the deadline for the submission of pre-qualification applications. Minimum experience, and technical and financial requirements, shall be explicitly stated in the pre-qualification bidding documents. (4) Participation by Government-owned enterprises Government-owned enterprises in Bosnia and Herzegovina, including those in the Federation and Republika Srpska, shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law and are not a dependent agency of the contracting authority. Furthermore, they will be subject to the same bid and performance security requirements as other bidders. (5) Bidding Documents Procuring entities shall use the appropriate standard bidding documents for the procurement of goods, works or services, acceptable to the Association. (6) Bid Opening and Bid Evaluation (i) ; Bids shall be opened in public, immediately after the deadline for submission of bids. (ii) Evaluation ; Bids shall not be rejected merely on the basis of a comparison with an official estimate without the prior concurrence of the Bank; Before rejecting all bids and soliciting new bids, the Bank’s prior concurrence shall be made in strict adherence to obtained; Bids shall be solicited and contracts shall be awarded on the monetarily quantifiable criteria declared in basis of unit prices and not on the bidding documents. (iii) basis of a composite schedule of rates; Contracts shall not be awarded on the basis of prior negotiated rates; Contracts shall be awarded to the lowest evaluated and qualified bidder having submitted the lowestbidder; and Post-evaluated, substantially responsive bid and no negotiation shall take place. (7) Price Adjustment Civil works contracts of long duration (more than 18 months) shall contain an appropriate bidding price adjustment clause. (8) Rejection of Bids (i) All bids negotiations shall not be rejected and new bids solicited without allowed with the Association’s prior concurrence. (ii) When the number of bids received is less than three, re-bidding shall not be carried out without the Association’s prior concurrence. ECA Regional Sample Bidding Documents, modified as acceptable to the Association, shall be used. (b) Shoppinglowest evaluated or any other bidders.

Other Methods of Procurement of Goods and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The works under the circumstances specified in the Procurement Plan shall specify the circumstances under which for each such methods may be usedmethod: Procurement Method (a) National Competitive Bidding, subject to the following additional provisions: (1) Registration (i) Bidding shall not be restricted to pre-registered firms. (ii) Where registration is required, bidders (1) shall be allowed a reasonable time to complete the registration process, and (2) shall not be denied registration for reasons unrelated to their capability and resources to successfully perform the contract, which shall be verified through post-qualification. (iii) Foreign bidders shall not be precluded from bidding. If a registration process is required, a foreign bidder declared the lowest evaluated bidder shall be given a reasonable opportunity to register. (2) Advertising Invitations to bid shall be advertised in at least one widely circulated national daily newspaper allowing a minimum of twenty one (21) days for the preparation and submission of bids. (3) Pre-qualification When pre-qualification shall be required for large or complex works, invitations to pre-qualify for bidding shall be advertised in at least one widely circulated national daily newspaper a minimum of 30 days prior to the deadline for the submission of pre-qualification applications. Minimum experience, and technical and financial requirements, shall be explicitly stated in the pre-qualification documents. (4) Participation by Government-owned enterprises Government-owned enterprises in Bosnia and Herzegovina, including those in the Federation and Republika Srpska, shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law and are not a dependent agency of the contracting authority. Furthermore, they will be subject to the same bid and performance security requirements as other bidders. (5) Bidding Documents Procuring entities shall use the appropriate standard bidding documents for the procurement of goods, works or services, acceptable to the Association. (6) Bid Opening and Bid Evaluation (i) Bids shall be opened in public, immediately after the deadline for submission of bids. (ii) Evaluation of bids shall be made in strict adherence to the monetarily quantifiable criteria declared in the bidding documents. (iii) Contracts shall be awarded to the qualified bidder having submitted the lowest-evaluated, substantially responsive bid and no negotiation shall take place. (7) Price Adjustment Civil works contracts of long duration (more than 18 months) shall contain an appropriate price adjustment clause. (8) Rejection of Bids (i) All bids shall not be rejected and new bids solicited without the Association’s prior concurrence. (ii) When the number of bids received is less than three, re-bidding shall not be carried out without the Association’s prior concurrence. ECA Regional Sample Bidding Documents, modified as acceptable to the Association, shall be used. ; (b) Shopping; and (c) Direct Contracting. National Competitive Bidding may be used subject to the following: common supplies like stationery and consumables will be aggregated and procured annually through framework contracts to enable implementing agencies to place orders for urgently needed supplies at short notice, at a competitive price; in accordance with paragraph 1.14(e) of the Procurement Guidelines, each bidding document and contract shall provide the following: (i) the bidders, suppliers, contractors and subcontractors shall, on request, permit the Association to inspect the accounts and records relating to the bid submission and performance of the contract, and shall have the said accounts and records audited by auditors appointed by the Association; (ii) any deliberate and/or material violation of such provision by any bidder, supplier, contractor or subcontractor may amount to an obstructive practice provided for in paragraphs 1.14(a); and (iii) of the Procurement Guidelines; and National Competitive Bidding may be used, except for the following: (i) Negotiations with the best evaluated bidder shall not be allowed for goods and works procured on competitive basis; (ii) The merit point system for bid evaluation shall not be applied for goods and works; (iii) Domestic Preference shall only be applied under ICB; (iv) Micro-procurement as defined in the Recipient’s Public Procurement and Disposal of Public Assets (PPDA) Act (2003) will only apply for contracts estimated to cost the equivalent of US$150 or less. Shopping method may be used only where all pre-qualified providers are invited to submit bids.

Other Methods of Procurement of Goods and Works. The following table specifies the methods of procurementmethods, other than International Competitive Bidding, which may be used for procurement of goods and works. The works for those contracts specified in the Procurement Plan shall specify the circumstances under which such methods may be usedPlan: Procurement Method (a) for Works National Competitive Bidding, subject to the following additional provisions: (1) Registration (i) Bidding Procedures The public bidding method shall not be restricted apply to pre-registered firmsall contracts. (ii) Where registration is required, bidders (1) shall be allowed a reasonable time to complete the registration process, and (2) shall not be denied registration for reasons unrelated to their capability and resources to successfully perform the contract, which shall be verified through post-qualification. (iii) Foreign bidders shall not be precluded from bidding. If a registration process is required, a foreign bidder declared the lowest evaluated bidder shall be given a reasonable opportunity to register. (2) Advertising Invitations to bid shall be advertised in the Recipient’s Official Gazette (Narodne Novine) and in at least one widely circulated national daily newspaper or at the Recipient’s website, allowing a minimum of twenty one thirty (2130) days for the preparation and submission of bids. (3) Pre-qualification Assessment of Bidders’ Qualifications When pre-qualification shall be required for large or complex worksworks contracts, invitations to pre-qualify for bidding shall be advertised in the Recipient’s Official Gazette (Narodne Novine) and at least one widely circulated national daily newspaper a minimum of 30 thirty (30) days prior to the deadline for the submission of pre-qualification applications. Minimum experience, and technical and financial requirements, requirements shall be explicitly stated in the pre-qualification documents, which shall be determined by a ‘pass/fail’ method, not through the use of a merit point system. (4) Where pre-qualification is not used, the qualifications of the bidder who is recommended for award of contract shall be assessed by post-qualification, applying minimum experience, technical and financial requirements which shall be explicitly stated in the bidding documents. Participation by of Government-owned Enterprises Government-owned enterprises Government-owned enterprises in Bosnia located and Herzegovina, including those in operating on the Federation and Republika Srpska, Recipient’s territory shall be eligible to participate in bidding only if they can establish establish, to the World Bank’s satisfaction, that they are legally and financially autonomous, operate under commercial law laws and are not a dependent agency of the contracting authorityRecipient’s Government. Furthermore, they will Said enterprises shall be subject to the same bid and performance security requirements as other bidders. (5) Bidding Documents Procuring entities The Recipient shall use the appropriate standard bidding documents for the procurement of goods, works or services, as defined in paragraph 1.1 of the Guidelines, which shall contain draft contract and conditions of contract acceptable to the AssociationWorld Bank. Bid Submission, Opening and Evaluation (a) Bids shall be submitted in a single envelope containing the bidder’s qualification information, technical and price bids, which shall be opened simultaneously at the public bid opening. (6) Bid Opening and Bid Evaluation (ib) Bids shall be opened in public, immediately after the deadline for submission of bids. The name of the bidder, the total amount of each bid and any discounts offered shall be read aloud and recorded in the minutes of the public bid opening. (iic) Evaluation The evaluation of bids shall be made done in strict adherence to the monetarily quantifiable criteria declared specified in the bidding documentsdocuments and a merit point system shall not be used. (iiid) Extension of bid validity shall be allowed once only for not more than thirty (30) days. No further extensions should be granted without the prior approval of the World Bank. (e) Contracts shall be awarded to the qualified bidder bidders having submitted the lowest-evaluated, lowest evaluated substantially responsive bid and no negotiation shall take placebid. (7f) No preference shall apply under National Competitive Bidding. Price Adjustment Civil works contracts of long duration (more than 18 eighteen (18) months) shall contain an appropriate price adjustment clause. (8) Rejection of All Bids (i) All bids shall not be rejected and new bids solicited without the AssociationWorld Bank’s prior written concurrence. Securities Bid securities should not exceed 2% (iitwo percent) When of the number estimated cost of bids received is less the contract, and performance securities - not more than three, re-10% (ten percent). No advance payments shall be made to contractors without a suitable advance payment security. The wording of all such securities shall be included into the bidding documents and shall not be carried out without the Association’s prior concurrence. ECA Regional Sample Bidding Documents, modified as acceptable to the Association, shall be used. (b) ShoppingWorld Bank.