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

Other Methods of Procurement of Goods. and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding, subject to the following additional provisions: (i) There shall be no eligibility restrictions based on nationality of bidder; (ii) Pre-qualification shall not be used for simple works procurement and shall be conducted only for large works contracts; (iii) Entities in which the State or a State official owns a shareholding of whatever size 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 operate under commercial law; (iv) No national preferences may be applied on the basis of the origin of products or labor; (v) Joint venture partners shall be jointly and severally liable for their obligations; (vi) No “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; (vii) In the evaluation of bids, bids may not be rejected where they differ substantially from the estimated prices calculated by the procuring entity, except where the bid prices exceed the available budget; (viii) Rebidding shall not be carried out without prior approval of the Bank; (ix) Works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and (x) Prior approval of the Bank shall be required for any modification in the contract scope and conditions during implementation. (b) Limited Competitive Bidding (c) Shopping

Other Methods of Procurement of Goods. Works and WorksNon-Consultant Services. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods goods, works and worksnon- consultants services. The Procurement Plan shall specify the circumstances under which such methods may be used:. (a) National Competitive Bidding, subject to the following additional provisionsprocedures: (i) There contracts shall be no eligibility restrictions awarded to the bidder whose bid has been determined to be the lowest evaluated bid, such evaluation to be based on nationality price and, whenever appropriate, to also take into account factors similar to those referred to in paragraph 2.52 of bidderthe Guidelines, provided, however, that the bid evaluation shall always be based on factors that can be quantified objectively, and the procedure for such quantification shall be disclosed in the invitation to bid; (ii) Pre-qualification shall not be used for simple works procurement and whenever required by the Bank, the invitation to bid shall be conducted only for large works contractsadvertised in at least one newspaper of national circulation in Brazil or the national official gazette; (iii) Entities the arrangements, under the invitation to bid, for joint-ventures (consórcios) of Brazilian and foreign firms shall be approved in which advance by the State or a State official owns a shareholding of whatever size shall not be invited to participate Bank in tenders for the Government unless they are and can be shown to be legally and financially autonomous and operate under commercial laweach case; (iv) No national preferences may be applied on the basis invitation to bid shall not establish, for purposes of acceptance of bids, minimum or maximum amounts for the origin of products or laborcontract prices; and (v) Joint venture partners the purchaser shall be jointly and severally liable for their obligations; (vi) No “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; (vii) In the evaluation of bidsnot, bids may not be rejected where they differ substantially from the estimated prices calculated by the procuring entity, except where the bid prices exceed the available budget; (viii) Rebidding shall not be carried out without prior approval of the Bank; (ix) Works contracts of ’s prior approval, issue any change order under a contract which would increase or decrease by more than eighteen 15% the quantity of goods (18and related services) months’ duration shall include appropriate price adjustment provisions; and (x) Prior approval of the Bank shall be required for without any modification change in the contract scope unit prices or other terms and conditions during implementationof sale. (b) Limited Competitive Bidding Shopping (c) ShoppingCommunity Participation

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, subject to the following additional provisions: : (i) There there shall be no eligibility restrictions based on nationality of bidder; bidder and/or origin of goods; (ii) Prepre-qualification shall not be used for simple goods and works procurement and shall be conducted only for large works contracts; projects; (iii) Entities entities in which the State or a State official owns a shareholding of whatever size 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; ; (iv) No no national preferences may be applied on the basis of the origin of products or labor; ; (v) Joint joint venture partners shall be jointly and severally liable for their obligations; ; (vi) No no “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; ; (vii) In in the evaluation of bids, bids may not be rejected where they differ substantially from the estimated prices calculated by the procuring entity, except where the bid prices exceed the available budget; ; (viii) Rebidding rebidding shall not be carried out without prior approval of the Bank; Association; (ix) Works works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and and (x) Prior prior approval of the Bank Association shall be required for any modification in the contract scope and conditions during implementation. (b) Limited Competitive Bidding (c) Shopping, subject to the provisions in the Operational Manual

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, subject to the following additional provisions: (i) There there shall be no eligibility restrictions based on nationality of bidder; (ii) Prepre-qualification shall not be used for simple works procurement and shall be conducted only for large works contracts; (iiiii) Entities entities in which the State or a State official owns a shareholding of whatever size 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 operate under commercial law; (iv) No no national preferences may be applied on the basis of the origin of products or labor; (v) Joint joint venture partners shall be jointly and severally liable for their obligations; (vi) No no “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; (viivi) In in the evaluation of bids, bids may not be rejected where they differ substantially from the estimated prices calculated by the procuring entity, except where the bid prices exceed the available budget; (viii) Rebidding rebidding shall not be carried out without prior approval of the BankAssociation; (ix) Works works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and (x) Prior prior approval of the Bank Association shall be required for any modification in the contract scope and conditions during implementation. (b) Limited Competitive Bidding (c) Shopping

Other Methods of Procurement of Goods. and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding, subject to the following additional provisions: (i) There shall be no eligibility restrictions based on nationality of bidder; (ii) Pre-qualification shall not be used for simple works procurement and shall be conducted only for large works contracts; (iii) Entities entities in which the State or a State official Recipient owns a majority shareholding of whatever size 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 operate under commercial law; (ii) pre-qualification shall be conducted for large works projects; (iii) pre- and post-qualification criteria shall only pertain to past contract performance, financial, managerial and technical capabilities of bidders; (iv) No national preferences may be applied on the basis of the origin of products or labor; (v) Joint joint venture partners shall be jointly and severally liable for their obligations; (v) estimated contract prices shall not be advertised; (vi) No “participation fee” no bids shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documentsrejected at bid opening; (vii) In the evaluation of bids, no bids may not shall be rejected where solely because they differ substantially from exceed the estimated prices calculated by price. Bids can be cancelled and new bids invited, only if the procuring entity, except where conditions of clause 2.61 of the bid prices exceed the available budgetProcurement Guidelines are met; (viii) Rebidding all bid evaluation criteria shall not be carried out without prior approval of the Bankquantifiable in monetary terms or expressed as a pass/fail criteria; and (ix) Works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and (x) Prior advance Association approval of the Bank shall be is required for any modification modifications in the contract scope and scope/conditions during implementation. (b) Limited Competitive Bidding Shopping (c) ShoppingDirect Contracting