Procurement Provisions Sample Clauses

Procurement Provisions. Section C.1. Source and Nationality Section C.2. Eligibility Date. Section C.3. Plans, Specifications and Contracts. Section C.4. Reasonable Price. Section C.5. Notification to Potential Suppliers. Section C.6. Transportation.

Procurement Provisions. The Agency shall be responsible for carrying out the procurements relating to the RPA and for negotiating, signing and managing the resulting contracts on Lithuania’s behalf. The Agency Procurement Regulations (ESA/REG/001 rev.5) shall apply with the following amendments: a) For “Top Down” Activities (i.e. content of the activity defined in the Invitation to Tender): Prior to the publication of any Invitation to Tender, the objective, programmatic constraints and the financial envelope of the activity shall be approved by both Co-Chairs. The Co-Chairs will be informed of the recommendation of the Tender Evaluation Board (hereinafter referred to as “TEB”). Prior to entering into negotiations for any activity of the Agency the Industrial Policy Committee shall be consulted and the relevant Agency Programme Board(s) shall be informed about the respective activity. b) For “Open Call” activities (i.e. content of the activity to be proposed by the tenderers within certain framework conditions defined in the Call): The programmatic constraints of each open call shall require the written approval of the Co-Chairs and shall be listed in the cover letter of the call. The TEB recommendation shall be submitted to the Co-Chairs for approval. If a Co- Chair rejects a proposal that has been recommended by the TEB, he/she shall state the reasons for this in writing. The Co-Chairs may further decide that a proposal which has not been recommended, but which has received a marking above 40 in line with the Agency Tender Evaluation Manual (Annex III rev. 2 of the ESA/REG/001 rev.5), may be improved and resubmitted. The proposals which have been approved by the Co-Chairs shall be presented to the Industrial Policy Committee for consultation and the relevant Programme Board(s) for information prior to the Agency entering into negotiations with the selected entities. The Agency shall be authorised to release payments and agree contractual changes in accordance with its rules and procedures. For contract changes that result in an increase of the initial contract value by more than 10%, the written approval of the Country Co-Chair will be required. For contract changes that result in an increase of the initial contract value by more than 20%, the written approval of both Co- Chairs will be required.

Procurement Provisions. Advance Contracting and Retroactive Financing 5.1 The Borrower may wish to proceed with the procurement process before signing the Legal Agreement. In such cases, if the eventual contracts are to be eligible for Bank IPF the procurement procedures, including advertising, shall be consistent with Sections I, II and III of these Procurement Regulations. A Borrower undertakes such advance procurement at its own risk, and any concurrence by the Bank on the procedures, documentation, or proposal for award of contract, does not commit the Bank to finance the project in question. 5.2 If the contract is signed, reimbursement by the Bank of any payments made by the Borrower under the contract prior to signing the Legal Agreement is referred to as retroactive financing, and is only permitted within the limits specified in the Legal Agreement. National Procurement Procedures 5.3 When approaching the national market, as agreed in the Procurement Plan, the country’s own procurement procedures may be used. These procurement procedures shall be consistent with the Bank’s Core Procurement Principles and ensure that the Bank’s Anti-Corruption Guidelines and Sanctions Framework and contractual remedies set out in its Legal Agreement apply. 5.4 For national open competitive procurement the following requirement apply: a. open advertising of the procurement opportunity at the national level; b. the procurement is open to eligible firms from any country; c. the request for bids/request for proposals document shall require that Bidders/Proposers submitting Bids/Proposals present a signed acceptance at the time of bidding, to be incorporated in any resulting contracts, confirming application of, and compliance with, the Bank’s Anti-Corruption Guidelines, including without limitation the Bank’s right to sanction and the Bank’s inspection and audit rights; d. Procurement Documents include provisions, as agreed with the Bank, intended to adequately mitigate against environmental, social (including sexual exploitation and abuse and gender- based violence), health and safety (“ESHS”) risks and impacts; e. contracts with an appropriate allocation of responsibilities, risks, and liabilities; f. publication of contract award information; g. rights for the Bank to review procurement documentation and activities; h. an effective complaints mechanism; and i. maintenance of records of the Procurement Process. 5.5 Other national procurement arrangements (other than national open competitive ...

Procurement Provisions