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

Other Methods of Procurement of Goods and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plans shall specify the circumstances under which such methods may be used. Procurement Method National Competitive Bidding procedures* Shopping *National Competitive Bidding shall be subject to the following additional provisions: Invitations to bid shall be advertised in at least one national newspaper with a wide circulation, at least thirty (30) days prior to the deadline for the submission of bids; Bid documents shall be made available, by mail or in person, to all who are willing to pay the required fee; Foreign bidders shall not be precluded from bidding and price preference as per the Procurement Guidelines shall apply to national bidders in the bidding process; Bidding shall not be restricted to pre-registered firms; Qualification criteria shall be stated in the bidding documents; Bids shall be opened in public, immediately after the deadline for submission of bids; 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 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 and qualified bidder; and Post-bidding price negotiations shall not be allowed with the lowest evaluated or any other bidders.

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

Other Methods of Procurement of Goods and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plans Plan shall specify the circumstances under which such methods may be used. Procurement Method (a) National Competitive Bidding procedures* Shopping *National Competitive Bidding shall of the Borrower may be subject to used for procurement of goods and works for the Project, provided that the following additional provisionsprovisions are complied with: Invitations to The bid shall be advertised in at least one national newspaper with a wide circulationdocument clearly explains the bid evaluation, at least thirty (30) days prior to the deadline for the submission of bidsaward criteria and bidder qualification criteria; Bid documents shall be made availableTechnical, by mail or in person, to all who administrative and financial envelopes are willing to pay the required fee; Foreign bidders shall not be precluded from bidding publicly and price preference as per the Procurement Guidelines shall apply to national bidders in the bidding process; Bidding shall not be restricted to pre-registered firms; Qualification criteria shall be stated in the bidding documentssimultaneously opened; Bids shall be opened evaluated on price and any other criteria disclosed in public, immediately after the deadline for submission of bids; 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 bid documents and soliciting new bids, the Bank’s prior concurrence shall be obtained; Bids shall be solicited quantified in monetary terms 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 are awarded to the lowest evaluated and qualified bidder; and Post-bidding price negotiations shall not be allowed bidder with the lowest evaluated responsive bid; Prior to issuing the first call for bids, a draft standard bidding document to be used under National Competitive Bidding procurement must be submitted to, and found acceptable, by the Bank; Tenders will be advertised with no less than four (4) weeks notice for bid submission; Bidders will be allowed to deliver their bid by hand or any other bidders.by mail before the expiration of the deadline for submitting bids; If foreign firms wish to participate, they shall be allowed to do so and no provision for preferential treatment for national companies or mandatory association between foreign and national firms shall apply; The procedures shall include publication of evaluation results and the award of contract and provisions for bidders to protest; and The bid document shall specify that the mention of the bidder’s name on the envelope shall constitute a reason for rejecting the bid Procurement Method (b) Shopping C. Particular Methods of Procurement of Consultants’ Services

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 Plans shall specify the circumstances under which such methods may be used. Plan: Procurement Method for Works National Competitive Bidding procedures* Shopping *National Competitive Bidding shall be Bidding, subject to the following additional provisions: Procedures The public bidding method shall apply to all contracts. Invitations to bid shall be advertised in the Recipient’s Official Gazette (Narodne Novine) and in at least one widely circulated national daily newspaper with or at the Recipient’s website, allowing a wide circulationminimum 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, 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 prior to the deadline for the submission of bids; Bid documents pre-qualification applications. Minimum experience, technical and financial requirements 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 explicitly stated in the bidding process; Bidding shall not be restricted to pre-registered firms; Qualification criteria 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 financially autonomous, operate under commercial laws and are not a dependent agency of the Recipient’s Government. Said enterprises shall be subject to 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 (a) Bids shall be submitted in a single envelope containing the bidder’s qualification information, technical and price bids, which shall be opened simultaneously at the public bid opening. (b) Bids shall be opened in public, immediately after the deadline for submission of bids; 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. (c) The evaluation of bids shall be done in strict adherence to the monetarily quantifiable criteria specified in the bidding documents and a merit point system shall not be rejected merely on the basis used. (d) Extension of a comparison with an official estimate bid validity shall be allowed once only for not more than thirty (30) days. No further extensions should be granted without the prior concurrence approval of the World Bank; Before rejecting all bids and soliciting new bids, the Bank’s prior concurrence shall be 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; . (e) Contracts shall be awarded to qualified bidders having submitted the lowest evaluated and qualified bidder; and Post-bidding substantially responsive bid. (f) No preference shall apply under National Competitive Bidding. Price Adjustment Civil works contracts of long duration (more than eighteen (18) months) shall contain an appropriate price negotiations adjustment clause. Rejection of All Bids All bids shall not be allowed with rejected and new bids solicited without the lowest evaluated or any other biddersWorld Bank’s prior written concurrence. Securities Bid securities should not exceed 2% (two percent) of the estimated cost of the contract, and performance securities - not more than 10% (ten percent). No advance payments shall be made to contractors without a suitable advance payment security. The wording of all such securities shall be included into the bidding documents and shall be acceptable to the World Bank.