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: (a) National Competitive Bidding (b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures: (i) a Recipient-owned enterprise in the Republic of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient; (ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participate; (iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation; (iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is later; (v) until national standard bidding documents acceptable to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic; (vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification; (vii) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors; (viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service; (ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow immediately after the deadline for submission of bids; (x) evaluation of bids shall be carried out in strict adherence to the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing); (xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened; (xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted; (xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security; (xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months; (xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and (xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Association.
Appears in 2 contracts
Samples: Financing Agreement, Financing Agreement
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:
(a) National Competitive Bidding
(b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-non- registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(vii) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow immediately after the deadline for submission of bids;
(x) evaluation of bids shall be carried out in strict adherence to the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Association.
Appears in 2 contracts
Samples: Financing Agreement, Financing Agreement
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 used:
Plan: (a) National Competitive Bidding
; (b) Shopping Shopping; (c) Direct Contracting; and (d) Community Participation procedures which have been found acceptable to the World Bank. The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional proceduresprovisions:
(i) a Recipient-owned enterprise public enterprises in parts of the Republic West Bank and Gaza under the jurisdiction of Yemen the Palestinian Authority shall be eligible to bid participate in bidding only if it they can establish that it is they are legally and financially autonomous, operates operate under commercial law, and is are not a dependent agency of the RecipientPalestinian Authority;
(ii) bidding (or pre-qualification, if required) foreign bidders shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participateparticipate under the same conditions as local bidders. In particular, no preference over foreign bidders shall be granted to local bidders in bid evaluation;
(iii) tenders invitations to bid shall be advertised for on at least two (2) consecutive days in two (2) a local newspapers newspaper of wide circulation;
(iv) , and prospective bidders shall be allowed a minimum of thirty (30) days between the date on which the notification appears for the preparation first time and submission of bids, such thirty (30) days to begin with the availability deadline for bid submission. With the specific approval of the bidding documents or World Bank, this minimum period of 30 days may be reduced to a minimum period of 10 days in the advertisement, whichever is latercase of emergency operations;
(viv) until national standard bidding documents acceptable to the Association are availableWorld Bank have been introduced by the Project Implementing Entity, the standard bidding documents approved by of the Association World Bank shall be used, and may be prepared in Arabic;
(viv) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated clearly specified in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid all criteria so specified, and only criteria so specified, shall be subject used to postdetermine whether a bidder is qualified. Bids of bidders not meeting such criteria shall be rejected as non-qualificationqualified. The fact that a bidder meets or surpasses the specified qualification criteria shall not be taken into account in the evaluation of such bidder’s bid;
(vi) evaluation criteria shall be clearly specified in the bidding documents, and all evaluation criteria other than price shall be quantified in monetary terms. All evaluation criteria so specified, and only criteria so specified, shall be used in bid evaluation. Merit points shall not be used in bid evaluation;
(vii) if classification of contractors is required, contractors that have not yet been classified but meet the required qualifications shall be enabled to obtain the necessary classification during the bidding procedure. Any contractor that has been classified in a foreign bidder class higher than the lowest class shall not be required restricted to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, bidding in his own class but shall be given reasonable opportunity eligible also to register, without let or hindrance; the registration process shall not be applicable to sub-contractorsbid in any lower class;
(viii) all bids shall be submitted in sealed envelopes and may shall be submitted, at the bidder’s option, in person accepted whether mailed or by courier servicehand-carried;
(ix) all bids shall be opened at in the same time in a public bid opening which presence of bidders shall be allowed who wish to attend attend, and which shall follow immediately after the deadline for submission bid submission. Said deadline, and the place of bidsbid opening, shall be announced in the invitation to bid. The name of each bidder, and the amount of his bid, shall be read aloud and recorded when opened in the minutes of bid opening. The minutes of bid opening shall be signed by the members of the bid opening committee immediately after bid opening;
(x) bids received after the deadline for bid submission shall be returned to the bidders unopened;
(xi) a bid containing material deviations from or reservations to the terms, conditions and specifications of the bidding documents shall be rejected as not substantially responsive. A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened;
(xii) the bid evaluation of bids shall be carried out in strict adherence to the criteria declared specified in the bidding documents documents, and contracts the contract shall be awarded to the qualified bidder offering the lowest evaluated and substantially responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing)bid;
(xixiii) no a bidder shall not be requested required, as a condition for award, to undertake obligations not specified in the bidding documents or permitted otherwise to modify its his bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids as originally submitted; and
(xiv) there shall be returned to the bidder unopened;
(xii) no post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Associationbidder.
Appears in 2 contracts
Samples: Trust Fund Grant Agreement, Trust Fund Grant Agreement
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:
(a) National Competitive Bidding
(b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic provisions: The eligibility of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability as defined under Section I of the bidding documents Guidelines Procurement under IBRD Loans and XXX credits; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the advertisement, whichever is later;
(v) until national Association for reasons other than those provided in Section I of the Guidelines Procurement under IBRD Loans and XXX credits. Exclusion from participation as a result of debarment should result from violation of clearly identified grounds of misconduct and in accordance with a fair and transparent process; Procuring entities shall use the appropriate standard bidding documents acceptable to the Association are availableAssociation; An extension of bid validity, bidding documents approved if justified by the Association exceptional circumstances, shall be used, requested in writing from all bidders before the expiration date and for a minimum period required to complete the evaluation or award contract; No national preferences may be prepared applied on the basis of the origin of products or labor; Entities in Arabic;
(vi) registration which the State owns a majority shareholding shall not be invited to participate in tenders for the Government unless they are and can be shown to be legally and financially autonomous and they operate under commercial law; Pre-qualification shall be conducted for large works contracts and shall be applied upon the Association’s agreement; The pre- and post- qualification criteria shall only pertain to past contract performance, financial, managerial and technical capabilities of bidders; Joint venture partners shall be jointly and severally liable for their obligations; State unit costs shall not be used to assess bidders’ qualificationsfor contract budgeting and evaluation for civil works contracts; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder Bids shall be stated opened in public, immediately after the bidding documentsdeadline for their submission. No bids can be rejected at bid opening and under the circumstances referred to Article 6 of the Recipient’s Public Procurement Law; No bids shall be rejected solely because they exceed the estimated price. Bids can be cancelled and new bids invited, only if the conditions of clause 2.62 of the Guidelines Procurement under IBRD Loans and before contract award the XXX credits, are met; All bid evaluation criteria shall be quantifiable in monetary term; Qualification criteria for bid evaluation shall be applied on a pass or fail basis; Contracts shall be awarded to qualified bidder having submitted the lowest evaluated substantially responsive bid and no negotiation shall take place; There should be subject an effective and independent protest mechanist allowing bidders and interested parties to post-qualification;
(vii) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow immediately after the deadline for submission of bids;
(x) evaluation of bids shall be carried out in strict adherence to the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract protest and to have such accounts their protest handled in a timely manner; and records audited by auditors appointed by Advance no objection of the AssociationAssociation is required for any modifications in the contract scope/conditions during contract implementation.
(b) Shopping
(c) Direct Contracting
Appears in 1 contract
Samples: Financing Agreement
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 used:
Plan: (a) National Competitive Bidding
; (b) Shopping Shopping; (c) Direct Contracting; and (d) Community Participation procedures which have been found acceptable to the World Bank. The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional proceduresprovisions:
(i) a Recipient-owned enterprise public enterprises in parts of the Republic West Bank and Gaza under the jurisdiction of Yemen the Palestinian Authority shall be eligible to bid participate in bidding only if it they can establish that it is they are legally and financially autonomous, operates operate under commercial law, and is are not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) Palestinian Authority; foreign bidders shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders participate under the same conditions as local bidders. In particular, no preference over foreign bidders shall be granted to local bidders in bid evaluation; invitations to bid shall be advertised for on at least two (2) consecutive days in two (2) a local newspapers newspaper of wide circulation;
(iv) , and prospective bidders shall be allowed a minimum of thirty (30) days between the date on which the notification appears for the preparation first time and submission of bids, such thirty (30) days to begin with the availability deadline for bid submission. With the specific approval of the bidding documents or World Bank, this minimum period of 30 days may be reduced to a minimum period of 10 days in the advertisement, whichever is later;
(v) case of emergency operations; until national standard bidding documents acceptable to the Association are availableWorld Bank have been introduced by the Project Implementing Entity, the standard bidding documents approved by of the Association World Bank shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated clearly specified in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid all criteria so specified, and only criteria so specified, shall be subject used to postdetermine whether a bidder is qualified. Bids of bidders not meeting such criteria shall be rejected as non-qualification;
(vii) qualified. The fact that a foreign bidder meets or surpasses the specified qualification criteria shall not be required to register or to appoint an agent as a condition for submitting its bid andtaken into account in the evaluation of such bidder’s bid; evaluation criteria shall be clearly specified in the bidding documents, if determined to and all evaluation criteria other than price shall be the lowest evaluated responsive bidderquantified in monetary terms. All evaluation criteria so specified, and only criteria so specified, shall be given reasonable opportunity to register, without let or hindrance; the registration process used in bid evaluation. Merit points shall not be applicable used in bid evaluation; if classification of contractors is required, contractors that have not yet been classified but meet the required qualifications shall be enabled to sub-contractors;
(viii) all obtain the necessary classification during the bidding procedure. Any contractor that has been classified in a class higher than the lowest class shall not be restricted to bidding in his own class but shall be eligible also to bid in any lower class; bids shall be submitted in sealed envelopes and may shall be submitted, at the bidder’s option, in person accepted whether mailed or by courier service;
(ix) all hand-carried; bids shall be opened at in the same time in a public bid opening which presence of bidders shall be allowed who wish to attend attend, and which shall follow immediately after the deadline for bid submission. Said deadline, and the place of bid opening, shall be announced in the invitation to bid. The name of each bidder, and the amount of his bid, shall be read aloud and recorded when opened in the minutes of bid opening. The minutes of bid opening shall be signed by the members of the bid opening committee immediately after bid opening; bids received after the deadline for bid submission shall be returned to the bidders unopened; a bid containing material deviations from or reservations to the terms, conditions and specifications of bids;
(x) the bidding documents shall be rejected as not substantially responsive. A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened; the bid evaluation of bids shall be carried out in strict adherence to the criteria declared specified in the bidding documents documents, and contracts the contract shall be awarded to the qualified bidder offering the lowest evaluated and substantially responsive bidder, without resorting to the rejection of bids above or below bid; a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall not be requested required, as a condition for award, to undertake obligations not specified in the bidding documents or permitted otherwise to modify its his bid after the bid closing date shall have elapsed as originally submitted; and bids submitted after the deadline for submission of bids there shall be returned to the bidder unopened;
(xii) no post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Associationbidder.
Appears in 1 contract
Samples: Trust Fund Grant Agreement
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:
(a) National Competitive Bidding*
(b) Shopping The procedures to be followed for Shopping
(c) Direct Contracting * National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable to the Association are available, Standard bidding documents approved by the Association shall will be used.
(ii) Invitations to bid will be advertised in at least one (1) widely circulated national daily newspaper and bidding documents will be made available to prospective bidders, and may at least twenty-eight (28) days prior to the deadline for the submission of bids.
(iii) Bids will not be prepared invited on the basis of percentage premium or discount over the estimated cost.
(iv) Bidding documents will be made available, by mail or in Arabic;person, to all who are willing to pay the required fee.
(v) Foreign bidders will not be precluded from bidding.
(vi) registration shall not be used to assess bidders’ qualifications; qualification Qualification criteria (in case pre-qualification was qualifications were not carried out) and the method of evaluating the qualification of each bidder shall will be stated in on the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(vii) if a registration process is required, a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if firm determined to be the lowest evaluated responsive bidder, shall bidder will be given reasonable opportunity to registerof registering, without let or any hindrance; the registration process shall not be applicable to sub-contractors;.
(viiivii) all bids shall be submitted in sealed envelopes and Bidders may be submitteddeliver bids, at the bidder’s their option, either in person or by courier service;service or by mail.
(viii) All bidders will provide bid security as indicated in the bidding documents. A bidder’s bid security will apply only to a specific bid.
(ix) all bids shall Bids will be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow immediately in one place preferably immediately, but no later than one hour, after the deadline for submission of bids;.
(x) evaluation Evaluation of bids shall will be carried out made in strict adherence to the criteria declared disclosed in the bidding documents documents, in a format, and within the specified period, agreed with the Association.
(xi) Bids will not be rejected merely on the basis of a comparison with an official estimate without the prior concurrence of the Association.
(xii) Split award or lottery in award of contracts shall will not be carried out. When two (2) or more bidders quote the same price, an investigation will be made to determine any evidence of collusion, following which: (A) if collusion is determined, the parties involved will be disqualified and the award will then be made to the next lowest evaluated and qualified bidder; and (B) if no evidence of collusion can be confirmed, then fresh bids will be invited after receiving the concurrence of the Association.
(xiii) Contracts will be awarded to the lowest evaluated responsive bidder, without resorting to bidders within the rejection initial period of bids above or below a certain percentage bid validity so that extensions are not necessary. Extension of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall validity may be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) sought only under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;.
(xiv) price adjustment provisions may Extension of bid validity will not be included in contracts allowed without the prior concurrence of the Association: (A) for works with a duration the first request for extension if it is longer than four (4) weeks; and (B) for all subsequent requests for extensions irrespective of more than eighteen (18) months;the period.
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall Negotiations will not be determined solely on allowed with the basis of the number of lowest evaluated or any other bidders; and.
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit Re-bidding will not be carried out without the Association, at its request, to inspect their accounts and records relating to the ’s prior concurrence.
(xvii) All contractors or suppliers will provide performance of security as indicated in the contract and documents. A contractor’s or a supplier’s performance security will apply to have such accounts and records audited by auditors appointed by the Associationa specific contract under which it was furnished.
Appears in 1 contract
Samples: Financing Agreement
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 used:
(a) Plan: Procurement Method for Works National Competitive Bidding
(b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic of Yemen provisions: Procedures The public bidding method shall be eligible apply to all contracts. Invitations to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for in the Recipient’s Official Gazette (Narodne Novine) and in at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed one widely circulated national daily newspaper or at the Recipient’s website, allowing a minimum of thirty (30) days for the preparation and submission of bids. Assessment of Bidders’ Qualifications When pre-qualification shall be required for large or complex works contracts, such 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 thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable prior to the Association are available, bidding documents approved by deadline for the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case submission of pre-qualification was not carried out) applications. Minimum experience, technical and the method of evaluating the qualification of each bidder financial 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. 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 of Government-owned Enterprises Government-owned enterprises located and operating on the Recipient’s territory shall be eligible to participate in bidding only if they can establish, to the World Bank’s satisfaction, that they are legally and before contract award financially autonomous, operate under commercial laws and are not a dependent agency of the bidder having submitted the lowest evaluated responsive bid Recipient’s Government. Said enterprises shall be subject to post-qualification;the same bid and performance security requirements as other bidders. Bidding Documents 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 World Bank. Bid Submission, Opening and Evaluation
(viia) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids Bids shall be submitted in sealed envelopes and may be submitted, at a single envelope containing the bidder’s optionqualification information, in person or by courier service;
(ix) all bids technical and price bids, which shall be opened simultaneously at the same time in a public bid opening which bidders opening.
(b) Bids shall be allowed to attend and which shall follow 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.
(xc) The evaluation of bids shall be carried out done in strict adherence to the monetarily quantifiable criteria declared specified in the bidding documents and contracts a merit point system shall not be used.
(d) 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 qualified bidders having submitted the lowest evaluated substantially responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);bid.
(xif) no bidder No preference shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission apply under National Competitive Bidding. Price Adjustment Civil works contracts of bids shall be returned to the bidder unopened;
long duration (xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection shall contain an appropriate price adjustment clause. Rejection of all All Bids All bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on rejected and new bids solicited without the basis World Bank’s prior written concurrence. Securities Bid securities should not exceed 2% (two percent) of the number of bidders; and
(xvi) each contract financed from the proceeds estimated cost of the Grant contract, and performance securities - not more than 10% (ten percent). No advance payments shall provide that be made to contractors without a suitable advance payment security. The wording of all such securities shall be included into the contractor or supplier bidding documents and shall permit the Association, at its request, to inspect their accounts and records relating be acceptable to the performance of the contract and to have such accounts and records audited by auditors appointed by the AssociationWorld Bank.
Appears in 1 contract
Samples: Trust Fund Grant Agreement
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: (a) National Competitive Bidding (b) Shopping; (c) Direct Contracting. The Procurement Plan shall specify the circumstances under which such methods may be used:
(a) National Competitive Bidding
(b) Shopping . The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise public enterprises in parts of the Republic West Bank and Gaza under the jurisdiction of Yemen the Palestinian Authority shall be eligible to bid participate in bidding only if it they can establish that it is they are legally and financially autonomous, operates operate under commercial law, and is are not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) Palestinian Authority; foreign bidders shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders participate under the same conditions as local bidders. In particular, no preference over foreign bidders shall be granted to local bidders in bid evaluation; invitations to bid shall be advertised for on at least two (2) consecutive days in two (2) a local newspapers newspaper of wide circulation;
(iv) , and prospective bidders shall be allowed a minimum of thirty (30) days between the date on which the notification appears for the preparation first time and submission the deadline for bid submission. With the specific approval of bidsthe World Bank, such this minimum period of thirty (30) days may be reduced to begin with a minimum period of ten (10) days in the availability case of the bidding documents or the advertisement, whichever is later;
(v) emergency operations; until national standard bidding documents acceptable to the Association are availableWorld Bank have been introduced by the Recipient, the standard bidding documents approved by of the Association World Bank shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated clearly specified in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid all criteria so specified, and only criteria so specified, shall be subject used to postdetermine whether a bidder is qualified. Bids of bidders not meeting such criteria shall be rejected as non-qualification;
(vii) qualified. The fact that a foreign bidder meets or surpasses the specified qualification criteria shall not be required to register or to appoint an agent as a condition for submitting its bid andtaken into account in the evaluation of such bidder’s bid; evaluation criteria shall be clearly specified in the bidding documents, if determined to and all evaluation criteria other than price shall be the lowest evaluated responsive bidderquantified in monetary terms. All evaluation criteria so specified, and only criteria so specified, shall be given reasonable opportunity to register, without let or hindrance; the registration process used in bid evaluation. Merit points shall not be applicable used in bid evaluation; if classification of contractors is required, contractors that have not yet been classified but meet the required qualifications shall be enabled to sub-contractors;
(viii) all obtain the necessary classification during the bidding procedure. Any contractor that has been classified in a class higher than the lowest class shall not be restricted to bidding in his own class but shall be eligible also to bid in any lower class; bids shall be submitted in sealed envelopes and may shall be submitted, at the bidder’s option, in person accepted whether mailed or by courier service;
(ix) all hand-carried; bids shall be opened at in the same time in a public bid opening which presence of bidders shall be allowed who wish to attend attend, and which shall follow immediately after the deadline for bid submission. Said deadline, and the place of bid opening, shall be announced in the invitation to bid. The name of each bidder, and the amount of his bid, shall be read aloud and recorded when opened in the minutes of bid opening. The minutes of bid opening shall be signed by the members of the bid opening committee immediately after bid opening; bids received after the deadline for bid submission shall be returned to the bidders unopened; a bid containing material deviations from or reservations to the terms, conditions and specifications of bids;
(x) the bidding documents shall be rejected as not substantially responsive. A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened; the bid evaluation of bids shall be carried out in strict adherence to the criteria declared specified in the bidding documents documents, and contracts the contract shall be awarded to the qualified bidder offering the lowest evaluated and substantially responsive bidder, without resorting to the rejection of bids above or below bid; a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall not be requested required, as a condition for award, to undertake obligations not specified in the bidding documents or permitted otherwise to modify its his bid after the bid closing date shall have elapsed as originally submitted; and bids submitted after the deadline for submission of bids there shall be returned to the bidder unopened;
(xii) no post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Associationbidder.
Appears in 1 contract
Samples: Trust Fund Grant Agreement
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:
(a) National Competitive Bidding*
(b) Shopping The procedures to be followed for Shopping
(c) Direct Contracting * National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable to the Association are available, Standard bidding documents approved by the Association shall will be used.
(ii) Invitations to bid will be advertised in at least one (1) widely circulated national daily newspaper and bidding documents will be made available to prospective bidders, and may at least twenty eight (28) days prior to the deadline for the submission of bids.
(iii) Bids will not be prepared invited on the basis of percentage premium or discount over the estimated cost.
(iv) Bidding documents will be made available, by mail or in Arabic;person, to all who are willing to pay the required fee.
(v) Foreign bidders will not be precluded from bidding.
(vi) registration shall not be used to assess bidders’ qualifications; qualification Qualification criteria (in case pre-qualification was qualifications were not carried out) and the method of evaluating the qualification of each bidder shall will be stated in on the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(vii) if a registration process is required, a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if firm determined to be the lowest evaluated responsive bidder, shall bidder will be given reasonable opportunity to registerof registering, without let or any hindrance; the registration process shall not be applicable to sub-contractors;.
(viiivii) all bids shall be submitted in sealed envelopes and Bidders may be submitteddeliver bids, at the bidder’s their option, either in person or by courier service;service or by mail.
(viii) All bidders will provide bid security as indicated in the bidding documents. A bidder’s bid security will apply only to a specific bid.
(ix) all bids shall Bids will be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow immediately in one place preferably immediately, but no later than one hour, after the deadline for submission of bids;.
(x) evaluation Evaluation of bids shall will be carried out made in strict adherence to the criteria declared disclosed in the bidding documents documents, in a format, and within the specified period, agreed with the Association.
(xi) Bids will not be rejected merely on the basis of a comparison with an official estimate without the prior concurrence of the Association.
(xii) Split award or lottery in award of contracts shall will not be carried out. When two (2) or more bidders quote the same price, an investigation will be made to determine any evidence of collusion, following which: (A) if collusion is determined, the parties involved will be disqualified and the award will then be made to the next lowest evaluated and qualified bidder; and (B) if no evidence of collusion can be confirmed, then fresh bids will be invited after receiving the concurrence of the Association.
(xiii) Contracts will be awarded to the lowest evaluated responsive bidder, without resorting to bidders within the rejection initial period of bids above or below a certain percentage bid validity so that extensions are not necessary. Extension of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall validity may be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) sought only under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;.
(xiv) price adjustment provisions may Extension of bid validity will not be included in contracts allowed without the prior concurrence of the Association: (A) for works with a duration the first request for extension if it is longer than eight (8) weeks; and (B) for all subsequent requests for extensions irrespective of more than eighteen (18) months;the period.
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall Negotiations will not be determined solely on allowed with the basis of lowest evaluated or any other bidders.
(xvi) Re-bidding will not be carried out without the number of biddersAssociation’s prior concurrence; and
(xvixvii) each contract financed from the proceeds of the Grant shall All contractors or suppliers will provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of security as indicated in the contract and documents. A contractor’s or a supplier’s performance security will apply to have such accounts and records audited by auditors appointed by the Associationa specific contract under which it was furnished.
Appears in 1 contract
Samples: Financing Agreement
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:
(a) National Competitive Bidding
(b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional proceduresprovisions:
(i) a Recipient-owned enterprise in the Republic 1. The eligibility of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability as defined under Section I of the bidding documents Guidelines Procurement under IBRD Loans and XXX credits; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the advertisement, whichever is laterAssociation for reasons other than those provided in Section I of the Guidelines Procurement under IBRD Loans and XXX credits. Exclusion from participation as a result of debarment should result from violation of clearly identified grounds of misconduct and in accordance with a fair and transparent process;
(v) until national 2. Procuring entities shall use the appropriate standard bidding documents acceptable to the Association are availableAssociation;
3. An extension of bid validity, bidding documents approved if justified by the Association exceptional circumstances, shall be used, requested in writing from all bidders before the expiration date and for a minimum period required to complete the evaluation or award contract;
4. No national preferences may be prepared in Arabicapplied on the basis of the origin of products or labor;
(vi) registration 5. Entities in which the State owns a majority shareholding shall not be invited to participate in tenders for the Government unless they are and can be shown to be legally and financially autonomous and they operate under commercial law;
6. Pre-qualification shall be conducted for large works contracts and shall be applied upon the Association’s agreement;
7. The pre- and post- qualification criteria shall only pertain to past contract performance, financial, managerial and technical capabilities of bidders;
8. Joint venture partners shall be jointly and severally liable for their obligations; 9. State unit costs shall not be used to assess bidders’ qualificationsfor contract budgeting and evaluation for civil works contracts; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder 10. Bids shall be stated opened in public, immediately after the bidding documentsdeadline for their submission. No bids can be rejected at bid opening and under the circumstances referred to Article 6 of the Recipient’s Public Procurement Law; 11. No bids shall be rejected solely because they exceed the estimated price. Bids can be cancelled and new bids invited, only if the conditions of clause 2.62 of the Guidelines Procurement under IBRD Loans and before contract award the XXX credits, are met; 12. All bid evaluation criteria shall be quantifiable in monetary term; 13. Qualification criteria for bid evaluation shall be applied on a pass or fail basis; 14. Contracts shall be awarded to qualified bidder having submitted the lowest evaluated substantially responsive bid and no negotiation shall take place; 15. There should be subject an effective and independent protest mechanist allowing bidders and interested parties to post-qualification;
(vii) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow immediately after the deadline for submission of bids;
(x) evaluation of bids shall be carried out in strict adherence to the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract protest and to have such accounts their protest handled in a timely manner; and records audited by auditors appointed by 16. Advance no objection of the AssociationAssociation is required for any modifications in the contract scope/conditions during contract implementation.
(b) Shopping
(c) Direct Contracting
Appears in 1 contract
Samples: Financing Agreement
Other Methods of Procurement of Goods and Works. The following table specifies the methods of procurementmethod, 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 used:
Plan: (a) National Competitive Bidding
, (b) Shopping The procedures to be followed for Shopping, and (c) Direct contracting. National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, is subject to the following additional proceduresprovisions:
(i) a Recipient-owned enterprise in the Republic of Yemen invitations to bid shall be eligible advertised in at least one national newspaper with a wide circulation, at least 30 days prior to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency the deadline for the submission of the Recipientbids;
(ii) bidding (bid documents shall be made available, by mail or pre-qualificationin person, if required) shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible all who are willing to participatepay the required fee;
(iii) tenders foreign bidders shall not be precluded from bidding and no preference of any kind shall be advertised given to national bidders in the bidding process, to that end, having a presence in the Recipient’s territory should not be a condition for at least two (2) consecutive days in two (2) local newspapers of wide circulationbidding;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid one envelop system shall be subject to post-qualificationused;
(viiv) a foreign bidder shall not be required to register or to appoint an agent as a condition except for submitting its bid andlate bids, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow public, immediately after the deadline for submission of bids, and the prices for all bids will be read out in this public session and no disqualification shall be made at that stage;
(xvi) evaluation of before rejecting all bids and soliciting new bids, the Bank’s prior concurrence shall be obtained;
(vii) bids shall be carried out solicited and contracts shall be awarded on the basis of unit prices, and not on the basis of a schedule of rates, and award will be based on all items included within the bid or the lot in strict adherence to the criteria declared in the bidding documents and case of multiple lots;
(viii) contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);and qualified bidders; and
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xiiix) post-bidding negotiations shall not be allowed with the lowest evaluated or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Association.
Appears in 1 contract
Samples: Trust Fund Grant Agreement
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
(b) Shopping Bidding of the Borrower may be used for procurement of goods and works for the Project, provided that the following provisions are complied with: The procedures to be followed for National Competitive Bidding under this paragraph bid document clearly explains the bid evaluation, award criteria and bidder qualification criteria; Technical, administrative and financial envelopes are publicly and simultaneously opened; Bids shall be those set forth evaluated on price and any other criteria disclosed in Law No. 23 for 2007, concerning Government Tenders, Auctions the bid documents and Stores, quantified in monetary terms and its Regulations, subject contracts are awarded to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin qualified bidder with the availability of the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the bidder having submitted 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 Bank; Tenders will be advertised with no less than four (4) weeks notice for bid shall submission; Bidders will be subject allowed to post-qualification;
(vii) a foreign bidder shall not be required to register deliver their bid by hand or to appoint an agent as a condition by mail before the expiration of the deadline for submitting its bid andbids; If foreign firms wish to participate, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders they shall be allowed to attend do so and which no provision for preferential treatment for national companies or mandatory association between foreign and national firms shall follow immediately after apply; The procedures shall include publication of evaluation results and the deadline award of contract and provisions for submission bidders to protest; and The bid document shall specify that the mention of bids;the bidder’s name on the envelope shall constitute a reason for rejecting the bid Procurement Method (b) Shopping
(x) evaluation of bids 1. Quality- and Cost-based Selection. Except as otherwise provided in paragraph 2 below, consultants’ services shall be carried out in strict adherence to the criteria declared in the bidding documents and procured under contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts Quality and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the AssociationCost-based Selection.
Appears in 1 contract
Samples: Loan Agreement
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:.
(a) National Competitive Bidding
(b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
provisions: a. The bidding document clearly explains the bid evaluation, award criteria and bidder qualification criteria; b. Any bidder registered in an eligible country, as defined in paragraphs 1.6 to 1.8 of the Procurement Guidelines will be eligible to bid; therefore no restriction based on nationality of bidders or origin of goods shall apply and foreign bidders shall not be subject to any unjustified requirement which will affect their ability to bid; c. Government-owned enterprises in the Borrower’s country may participate only if they can establish that they (i) a Recipient-owned enterprise in the Republic of Yemen shall be eligible to bid only if it can establish that it is are legally and financially autonomous, operates ; (ii) operate under commercial law, and is not a dependent agency (iii) are independent from contracting entity; d. Bidders will be allowed to deliver their bids by mail or by hand before the expiration of the Recipient;
(ii) bidding (or pre-qualificationdeadline for submitting bids; e. Technical and financial envelopes are submitted together and opened in public, if required) shall not be restricted simultaneously during a unique session open to any particular class of contractors or suppliersthe public for works, goods and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders consulting services; amounts shall be advertised read aloud during the public session; bidders or their representatives are authorized to attend the bid opening session. The date, time and place for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders bid opening shall be allowed a minimum of thirty (30) days announced in the invitation to bid; these date and time shall be the same as for the preparation deadline for receipt of bids or immediately thereafter; f. Bids are evaluated on price and submission of bids, such thirty (30) days to begin with the availability of any other criteria disclosed in the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable and quantified in monetary terms and contracts are awarded to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the qualified bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(vii) a foreign bidder bid, and price shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be negotiated with the lowest evaluated responsive bidderbidder except under the provisions stated in paragraph 2.63 of the Procurement Guidelines; g. Procedures will include the publication of the evaluation results, shall be given reasonable opportunity the contract award and provision for bidders to registerprotest; h. If foreign firms wish to participate, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders they shall be allowed to attend do so and which shall follow immediately after no provision for preferential treatment of national firms or mandatory association with a national firm or prior registration in the deadline for submission country of bids;
(x) evaluation of bids the Borrower shall be carried out in strict adherence applied; i. Prior to issuing the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline first call for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not a draft standard bidding document to be requested nor permitted used under National Competitive Bidding procurement must be submitted to amend and found acceptable by the price or any other condition of their bidsBank; a bidder shall have the right and j. Each bidding document and contract for goods and works to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant Loan shall provide that the supplier, contractor or supplier and subcontractor shall permit the AssociationBank, at its request, to inspect their accounts and records relating to the bid submission and performance of the contract contract, and to have such said accounts and records audited by auditors appointed by the AssociationBank. The deliberate and material violation by the supplier, contractor or subcontractor of such provision may amount to obstructive practice.
(b) Shopping
(c) Direct Contracting
Appears in 1 contract
Samples: Loan Agreement
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:.
(a) National Competitive Bidding
(b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
provisions: (i) a Recipient-owned enterprise The bidding document clearly explains the bid evaluation, award criteria and bidder qualification criteria; (ii) Any bidder registered in an eligible country, as defined in paragraphs 1.6 to 1.8 of the Republic of Yemen shall Procurement Guidelines will be eligible to bid bid; therefore no restriction based on nationality of bidders or origin of goods shall apply and foreign bidders shall not be subject to any unjustified requirement which will affect their ability to bid; (iii) Government-owned enterprises in the Recipient’s country may participate only if it they can establish that it is they (a) are legally and financially autonomous, operates ; (b) operate under commercial law, and is not a dependent agency (c) are independent from contracting entity; (iv) Bidders will be allowed to deliver their bids by mail or by hand before the expiration of the Recipient;
deadline for submitting bids; (iiv) bidding (or pre-qualificationTechnical and financial envelopes are submitted together and opened in public, if required) shall not be restricted simultaneously during a unique session open to any particular class of contractors or suppliersthe public for works, goods and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders consulting services; amounts shall be advertised read aloud during the public session; bidders or their representatives are authorized to attend the bid opening session. The date, time and place for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders bid opening shall be allowed a minimum of thirty (30) days announced in the invitation to bid; these date and time shall be the same as for the preparation deadline for receipt of bids or immediately thereafter; (vi) Bids are evaluated on price and submission of bids, such thirty (30) days to begin with the availability of any other criteria disclosed in the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable and quantified in monetary terms and contracts are awarded to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the qualified bidder having submitted the lowest evaluated responsive bid bid, and price shall not be subject to post-qualification;
negotiated with the lowest evaluated bidder except under the provisions stated in paragraph 2.63 of the Procurement Guidelines; (vii) a foreign bidder shall not be required Procedures will include the publication of the evaluation results, the contract award and provision for bidders to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindranceprotest; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submittedIf foreign firms wish to participate, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders they shall be allowed to attend do so and which no provision for preferential treatment of national firms or mandatory association with a national firm or prior registration in the country of the Recipient shall follow immediately after be applied; (ix) Prior to issuing the deadline first call for submission of bids;
, a draft standard bidding document to be used under National Competitive Bidding procurement must be submitted to and found acceptable by the Bank; and (x) evaluation of bids shall Each bidding document and contract for goods and works to be carried out in strict adherence to the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant Loan shall provide that the supplier, contractor or supplier and subcontractor shall permit the AssociationBank, at its request, to inspect their accounts and records relating to the bid submission and performance of the contract contract, and to have such said accounts and records audited by auditors appointed by the AssociationBank. The deliberate and material violation by the supplier, contractor or subcontractor of such provision may amount to obstructive practice.
(b) Shopping (c) Direct Contracting
Appears in 1 contract
Samples: Grant Agreement
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:
(a) National Competitive Bidding*
(b) Shopping Shopping
(c) Direct Contracting * The procedures to be followed for use of National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic of Yemen invitations to bid shall be eligible advertised in at least one national newspaper with a wide circulation, at least thirty (30) days prior to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency the deadline for the submission of the Recipientbid;
(ii) bid documents shall be made available, by mail or in person, to all who are willing to pay the required fee;
(iii) foreign bidders shall not be precluded from bidding and no preference of any kind shall be given to national bidders in the bidding process;
(or pre-qualification, if requirediv) bidding shall not be restricted to any particular class of contractors or suppliers, and nonpre-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is laterfirms;
(v) until national standard bidding documents acceptable to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(viivi) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow public, immediately after the deadline for submission of bids;
(xvii) evaluation estimates shall be based on market rates, and bids shall not be rejected merely on the basis of a comparison with an official estimate without the prior concurrence of the Association;
(viii) before rejecting all bids and soliciting new bids, the Association’s prior concurrence shall be obtained;
(ix) bids shall be carried out in strict adherence to solicited and contracts shall be awarded on the criteria declared in basis of unit prices and not on the bidding documents and basis of a composite schedule of rates;
(x) contracts shall not be awarded on the basis of nationally negotiated rates;
(xi) single bids shall also be considered for evaluation;
(xii) contracts shall be awarded to the lowest evaluated evaluated, responsive and qualified bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of post-bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders negotiations shall not be requested nor permitted to amend allowed with the price lowest evaluated or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid securitybidders;
(xiv) price adjustment provisions may draft NCB contract would be included reviewed by the Association in contracts for works accordance with a duration of more than eighteen (18) monthsthe prior review procedures;
(xv) rejection a firm declared ineligible by the Association, based on a determination by the Association that the firm has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for or in executing an Association-financed contract, shall be ineligible to be awarded an Association-financed contract during the period of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be time determined solely on by the basis of the number of biddersAssociation; and
(xvi) each contract financed from the proceeds of the Grant a Credit shall provide that the contractor or supplier suppliers, contractors and subcontractors shall permit the Association, at its request, request to inspect their accounts and records relating to the performance of the contract and to have such accounts account and records audited by auditors appointed by the Association. The deliberate and material violation by the supplier, contractor or subcontractor of such provision may amount to obstructive practice.
Appears in 1 contract
Samples: Financing Agreement
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:
(a) National Competitive Bidding
(b) Shopping The procedures to be followed for . National Competitive Bidding under this paragraph procedures* Shopping *National Competitive Bidding shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
provisions: Invitations to bid shall be advertised in at least one national newspaper with a wide circulation, at least thirty (i30) a Recipient-owned enterprise 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 Republic of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) process; Bidding shall not be restricted to any particular class of contractors or suppliers, and nonpre-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualificationsfirms; qualification Qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(vii) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids Bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow public, immediately after the deadline for submission of bids;
(x) 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 carried out in strict adherence to the criteria declared in the bidding documents obtained; Bids shall be solicited and contracts shall be awarded on the basis of unit prices and not on the 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 responsive and qualified bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed ; and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) postPost-bidding price negotiations shall not be allowed with the lowest evaluated or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Association.
Appears in 1 contract
Samples: Loan Agreement
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:
(a) National Competitive Bidding
(b) Shopping The , subject to the following additional provisions: the procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-non- registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(vii) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow immediately after the deadline for submission of bids;
(x) evaluation of bids shall be carried out in strict adherence to the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Association;
(b) Shopping; and
(c) Community Participation procedures which have been found acceptable to the World Bank.
Appears in 1 contract
Samples: Global Environment Facility Trust Fund Grant Agreement
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
(b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, is subject to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic provisions: The eligibility of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability as defined under Section I of the bidding documents Guidelines Procurement under IBRD Loans and XXX credits; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the advertisement, whichever is later;
(v) until national Association for reasons other than those provided in Section I of the Guidelines Procurement under IBRD Loans and XXX credits. Exclusion from participation as a result of debarment should result from violation of clearly identified grounds of misconduct and in accordance with a fair and transparent process. Procuring entities shall use the appropriate standard bidding documents acceptable to the Association are availableWorld Bank. An extension of bid validity, bidding documents approved if justified by the Association exceptional circumstances, shall be used, requested in writing from all bidders before the expiration date and for a minimum period required to complete the evaluation or award contract. No national preferences may be prepared applied on the basis of the origin of products or labor. Entities in Arabic;
(vi) registration which the State owns a majority shareholding shall not be invited to participate in tenders for the Government unless they are and can be shown to be legally and financially autonomous and they operate under commercial law. Pre-qualification shall be conducted for large works contracts and shall be applied upon the World Bank’s agreement. The pre- and post- qualification criteria shall only pertain to past contract performance, financial, managerial and technical capabilities of bidders. Joint venture partners shall be jointly and severally liable for their obligations. State unit costs shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) for contract budgeting and the method of evaluating the qualification of each bidder evaluation for civil works contracts. Bids shall be stated opened in public, immediately after the bidding documentsdeadline for their submission. No bids can be rejected at bid opening and under the circumstances referred to Article 6 of the Recipient’s Public Procurement Law. No bids shall be rejected solely because they exceed the estimated price. Bids can be cancelled and new bids invited, only if the conditions of clause 2.62 of the Guidelines Procurement under IBRD Loans and before contract award the XXX credits, are met. All bid evaluation criteria shall be quantifiable in monetary term. Qualification criteria for bid evaluation shall be applied on a pass or fail basis. Contracts shall be awarded to qualified bidder having submitted the lowest evaluated substantially responsive bid and no negotiation shall take place. There should be subject an effective and independent protest mechanist allowing bidders and interested parties to post-qualification;
(vii) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow immediately after the deadline for submission of bids;
(x) evaluation of bids shall be carried out in strict adherence to the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract protest and to have such accounts their protest handled in a timely manner. Advance no objection of the World Bank is required for any modifications in the contract scope/conditions during contract implementation. (b) Shopping (c) Force Account (d) Direct Contracting (e) Community Participation Goods, works and records audited by auditors appointed by services required for Part B of the AssociationProject shall be procured in accordance with: (a) the provisions of paragraph 3.17 of the Guidelines; and (b) procedures acceptable to the Association as set forth in the Project Operational Manual.
Appears in 1 contract
Samples: Grant Agreement
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: (a) National Competitive Bidding (b) Shopping; (c) Direct Contracting. The Procurement Plan shall specify the circumstances under which such methods may be used:
(a) National Competitive Bidding
(b) Shopping . The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise public enterprises in parts of the Republic West Bank and Gaza under the jurisdiction of Yemen the Palestinian Authority shall be eligible to bid participate in bidding only if it they can establish that it is they are legally and financially autonomous, operates operate under commercial law, and is are not a dependent agency of the RecipientPalestinian Authority;
(ii) bidding (or pre-qualification, if required) foreign bidders shall not be restricted to any particular class of contractors or suppliers, and non-registered contractors and suppliers shall also be eligible to participateparticipate under the same conditions as local bidders. In particular, no preference over foreign bidders shall be granted to local bidders in bid evaluation;
(iii) tenders invitations to bid shall be advertised for on at least two (2) consecutive days in two (2) a local newspapers newspaper of wide circulation;
(iv) , and prospective bidders shall be allowed a minimum of thirty (30) days between the date on which the notification appears for the preparation first time and submission the deadline for bid submission. With the specific approval of bidsthe World Bank, such this minimum period of thirty (30) days may be reduced to begin with a minimum period of ten (10) days in the availability case of the bidding documents or the advertisement, whichever is lateremergency operations;
(viv) until national standard bidding documents acceptable to the Association are availableWorld Bank have been introduced by the Recipient, the standard bidding documents approved by of the Association World Bank shall be used, and may be prepared in Arabic;
(viv) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated clearly specified in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid all criteria so specified, and only criteria so specified, shall be subject used to postdetermine whether a bidder is qualified. Bids of bidders not meeting such criteria shall be rejected as non-qualificationqualified. The fact that a bidder meets or surpasses the specified qualification criteria shall not be taken into account in the evaluation of such bidder’s bid;
(vi) evaluation criteria shall be clearly specified in the bidding documents, and all evaluation criteria other than price shall be quantified in monetary terms. All evaluation criteria so specified, and only criteria so specified, shall be used in bid evaluation. Merit points shall not be used in bid evaluation;
(vii) if classification of contractors is required, contractors that have not yet been classified but meet the required qualifications shall be enabled to obtain the necessary classification during the bidding procedure. Any contractor that has been classified in a foreign bidder class higher than the lowest class shall not be required restricted to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, bidding in his own class but shall be given reasonable opportunity eligible also to register, without let or hindrance; the registration process shall not be applicable to sub-contractorsbid in any lower class;
(viii) all bids shall be submitted in sealed envelopes and may shall be submitted, at the bidder’s option, in person accepted whether mailed or by courier servicehand-carried;
(ix) all bids shall be opened at in the same time in a public bid opening which presence of bidders shall be allowed who wish to attend attend, and which shall follow immediately after the deadline for submission bid submission. Said deadline, and the place of bidsbid opening, shall be announced in the invitation to bid. The name of each bidder, and the amount of his bid, shall be read aloud and recorded when opened in the minutes of bid opening. The minutes of bid opening shall be signed by the members of the bid opening committee immediately after bid opening;
(x) bids received after the deadline for bid submission shall be returned to the bidders unopened;
(xi) a bid containing material deviations from or reservations to the terms, conditions and specifications of the bidding documents shall be rejected as not substantially responsive. A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened;
(xii) the bid evaluation of bids shall be carried out in strict adherence to the criteria declared specified in the bidding documents documents, and contracts the contract shall be awarded to the qualified bidder offering the lowest evaluated and substantially responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing)bid;
(xixiii) no a bidder shall not be requested required, as a condition for award, to undertake obligations not specified in the bidding documents or permitted otherwise to modify its his bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids as originally submitted; and
(xiv) there shall be returned to the bidder unopened;
(xii) no post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Associationbidder.
Appears in 1 contract
Samples: Trust Fund Grant Agreement
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:
: (aA) National Competitive Bidding
*; (bB) Shopping Shopping; and (C) Community Participation in Procurement**. *The procedures to be followed for use of National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic of Yemen invitations to bid shall be eligible advertised in at least one national newspaper with a wide circulation, at least thirty (30) days prior to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency the deadline for the submission of the Recipientbid;
(ii) bid documents shall be made available, by mail or in person, to all who are willing to pay the required fee;
(iii) foreign bidders shall not be precluded from bidding and no preference of any kind shall be given to national bidders in the bidding process;
(or pre-qualification, if requirediv) bidding shall not be restricted to any particular class of contractors or suppliers, and nonpre-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is laterfirms;
(v) until national standard bidding documents acceptable to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(viivi) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow public, immediately after the deadline for submission of bids;
(xvii) evaluation estimates shall be based on market rates, and bids shall not be rejected merely on the basis of a comparison with an official estimate without the prior concurrence of the Association;
(viii) before rejecting all bids and soliciting new bids, the Association’s prior concurrence shall be obtained;
(ix) bids shall be carried out in strict adherence to solicited and contracts shall be awarded on the criteria declared in basis of unit prices and not on the bidding documents and basis of a composite schedule of rates;
(x) contracts shall not be awarded on the basis of nationally negotiated rates;
(xi) Single bids shall also be considered for evaluation;
(xii) contracts shall be awarded to the lowest evaluated evaluated, responsive and qualified bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;; and
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of post-bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders negotiations shall not be requested nor permitted to amend allowed with the price lowest evaluated or any other condition bidders. **The use of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension Community Participation in Procurement shall be required subject to provide a corresponding extension of its bid security;the following additional procedures:
(xivi) price adjustment provisions works estimated to cost less than US$50,000 equivalent per contract may be included in procured under lump-sum, fixed-priced contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, awarded to the FOs or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of biddersCOs concerned; and
(xviii) the basic form of agreement acceptable to the Association to be executed for each such contract financed from the proceeds shall include a detailed description of the Grant shall provide that works, including basic specifications, the contractor or supplier shall permit apportionment of costs, the Association, at its request, to inspect their accounts and records relating to the performance execution of the contract work, the required completion date and to have such accounts and records audited by auditors appointed by the Associationrelevant drawings, where applicable.
Appears in 1 contract
Samples: Financing Agreement
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 Manual shall specify the circumstances under which such methods may be used:
(a) National Competitive Bidding
(b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
provisions: A. Registration and Licensing (ia) a Recipient-owned enterprise in the Republic of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) Bidding shall not be restricted to any particular class of contractors or suppliers, and nonpre-registered contractors and suppliers shall also be eligible to participate;registered/licensed firms.
(iiib) tenders Where registration or licensing is required, bidders: (i) shall be allowed a reasonable time to complete the registration or licensing process; and (ii) shall not be denied registration/licensing for reasons unrelated to their capability and resources to successfully perform the contract, which shall be verified through post-qualification.
(c) Foreign bidders shall not be precluded from bidding. If a registration or licensing process is required, a foreign bidder declared the lowest evaluated bidder shall be given a reasonable opportunity to register or to obtain a license. B. Advertising Invitations to bid shall be advertised for in the Bulletin of State Procurement and in at least two one (21) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed widely circulated national daily newspaper allowing a minimum of thirty (30) days for the preparation and submission of bids. C. Pre-qualification When pre-qualification shall be required for large or complex works, such invitations to pre-qualify for bidding shall be advertised in at least one (1) widely circulated national daily newspaper a minimum of thirty (30) days prior to begin with the availability deadline for the submission of pre-qualification applications. Minimum experience, technical and financial requirements shall be explicitly stated in the pre-qualification documents. D. Participation by Government-owned enterprises Government-owned enterprises in the Kyrgyz Republic 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 bidding documents or contracting authority. Furthermore, they will be subject to the advertisement, whichever is later;
(v) until national same bid and performance security requirements as other bidders. E. Bidding Documents Procuring entities shall use the appropriate standard bidding documents acceptable to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(vii) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow immediately after the deadline for submission of bids;
(x) evaluation of bids shall be carried out in strict adherence to the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Association.the
Appears in 1 contract
Samples: Financing Agreement
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:
(a) National Competitive Bidding
(b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for of 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise in the Republic of Yemen shall be eligible to bid only if it can establish that it is legally and financially autonomous, operates under commercial law, and is not a dependent agency of the Recipient;
(ii) bidding (or pre-qualification, if required) shall not be restricted to any particular class of contractors or suppliers, and non-non- registered contractors and suppliers shall also be eligible to participate;
(iii) tenders shall be advertised for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be allowed a minimum of thirty (30) days for the preparation and submission of bids, such thirty (30) days to begin with the availability of the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable to the Association are available, standard bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(vii) a foreign bidder shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity to register, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders shall be allowed to attend and which shall follow immediately after the deadline for submission of bids;
(x) evaluation of bids shall be carried out in strict adherence to the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not be requested nor permitted to amend the price or any other condition of their bids; a bidder shall have the right to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant Financing shall provide that the contractor or supplier shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have such accounts and records audited by auditors appointed by the Association.
Appears in 1 contract
Samples: Financing Agreement
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:.
(a) National Competitive Bidding
(b) Shopping The procedures to be followed for National Competitive Bidding under this paragraph shall be those set forth in Law No. 23 for 2007, concerning Government Tenders, Auctions and Stores, and its Regulations, subject to the following additional procedures:
(i) a Recipient-owned enterprise provisions: The bidding document clearly explains the bid evaluation, award criteria and bidder qualification criteria; Any bidder registered in an eligible country, as defined in paragraphs 1.6 to 1.8 of the Republic of Yemen shall Procurement Guidelines will be eligible to bid bid; therefore no restriction based on nationality of bidders or origin of goods shall apply and foreign bidders shall not be subject to any unjustified requirement which will affect their ability to bid; Government-owned enterprises in the Borrower’s country may participate only if it they can establish that it is they
(a) are legally and financially autonomous, operates ; (b) operate under commercial law, and is not a dependent agency (c) are independent from contracting entity; Bidders will be allowed to deliver their bids by mail or by hand before the expiration of the Recipient;
(ii) bidding (or pre-qualificationdeadline for submitting bids; Technical and financial envelopes are submitted together and opened in public, if required) shall not be restricted simultaneously during a unique session open to any particular class of contractors or suppliersthe public for works, goods and non-registered contractors and suppliers shall also be eligible to participate;
(iii) tenders consulting services; amounts shall be advertised read aloud during the public session; bidders or their representatives are authorized to attend the bid opening session. The date, time and place for at least two (2) consecutive days in two (2) local newspapers of wide circulation;
(iv) prospective bidders bid opening shall be allowed a minimum of thirty (30) days announced in the invitation to bid; these date and time shall be the same as for the preparation deadline for receipt of bids or immediately thereafter; Bids are evaluated on price and submission of bids, such thirty (30) days to begin with the availability of any other criteria disclosed in the bidding documents or the advertisement, whichever is later;
(v) until national standard bidding documents acceptable and quantified in monetary terms and contracts are awarded to the Association are available, bidding documents approved by the Association shall be used, and may be prepared in Arabic;
(vi) registration shall not be used to assess bidders’ qualifications; qualification criteria (in case pre-qualification was not carried out) and the method of evaluating the qualification of each bidder shall be stated in the bidding documents, and before contract award the qualified bidder having submitted the lowest evaluated responsive bid shall be subject to post-qualification;
(vii) a foreign bidder bid, and price shall not be required to register or to appoint an agent as a condition for submitting its bid and, if determined to be negotiated with the lowest evaluated responsive bidderbidder except under the provisions stated in paragraph 2.63 of the Procurement Guidelines; Procedures will include the publication of the evaluation results, shall be given reasonable opportunity the contract award and provision for bidders to registerprotest; If foreign firms wish to participate, without let or hindrance; the registration process shall not be applicable to sub-contractors;
(viii) all bids shall be submitted in sealed envelopes and may be submitted, at the bidder’s option, in person or by courier service;
(ix) all bids shall be opened at the same time in a public bid opening which bidders they shall be allowed to attend do so and which shall follow immediately after no provision for preferential treatment of national firms or mandatory association with a national firm or prior registration in the deadline for submission country of bids;
(x) evaluation of bids the Borrower shall be carried out in strict adherence applied; Prior to issuing the criteria declared in the bidding documents and contracts shall be awarded to the lowest evaluated responsive bidder, without resorting to the rejection of bids above or below a certain percentage of the pre-bid estimate (bid price bracketing);
(xi) no bidder shall be requested or permitted to modify its bid after the bid closing date shall have elapsed and bids submitted after the deadline first call for submission of bids shall be returned to the bidder unopened;
(xii) post-bidding negotiations with the lowest or any other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of bid validity, request all bidders in writing to extend the validity of their bids, in which case bidders shall not a draft standard bidding document to be requested nor permitted used under National Competitive Bidding procurement must be submitted to amend and found acceptable by the price or any other condition of their bidsBank; a bidder shall have the right and Each bidding document and contract for goods and works to refuse to grant such an extension without forfeiting its bid security, but any bidder granting such extension shall be required to provide a corresponding extension of its bid security;
(xiv) price adjustment provisions may be included in contracts for works with a duration of more than eighteen (18) months;
(xv) rejection of all bids is justified when there is lack of effective competition, or bids are not substantially responsive, however, lack of competition shall not be determined solely on the basis of the number of bidders; and
(xvi) each contract financed from the proceeds of the Grant Loan shall provide that the supplier, contractor or supplier and subcontractor shall permit the AssociationBank, at its request, to inspect their accounts and records relating to the bid submission and performance of the contract contract, and to have such said accounts and records audited by auditors appointed by the AssociationBank. The deliberate and material violation by the supplier, contractor or subcontractor of such provision may amount to obstructive practice.
(b) Shopping (c) Direct Contracting
Appears in 1 contract
Samples: Loan Agreement
