Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures. 2. The Closing Date is August 31, 2017. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.
Appears in 2 contracts
Samples: Financing Agreement, Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August December 31, 20172009. The procedure In order to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to ensure economy, efficiency and transparency as set forth in, and broad consistency with, with the provisions of Section I of the “Procurement Guidelines the following should be followed:
(a) invitations to bid shall be advertised in at least one widely circulated national newspaper, at least 30 days prior to the deadline for Procurement under IBRD Loans and XXX Credits” published the submission of bids;
(b) bid documents shall be made available, by mail or in person, to all who are willing to pay the Association required fee;
(c) evaluation of bids shall be made in May 2004 and revised in October 2006 and May 2010 (strict adherence to the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure criteria disclosed in the National Procurement Laws is inconsistent bidding documents, in a format and specified period agreed with the requirements Association;
(d) bids shall be opened in public in one place, immediately after the deadline for submission of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:bids;
1. The eligibility of (e) foreign bidders shall not be precluded from bidding and no preference of any kind shall be given to national bidders;
(f) qualification criteria (in case pre-qualifications were not carried out) shall be stated in the bidding documents, and if a registration process is required, a foreign firm declared as defined under Section I of the Guidelines; accordingly, no bidder or potential lowest evaluated bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit given a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding ;
(g) contracts shall be awarded to the lowest evaluated bidders;
(h) post-bidding negotiations shall not be restricted allowed with the lowest evaluated bidders or any other bidders;
(i) bids shall not be rejected merely on the basis of a comparison with an official estimate without the prior concurrence of the Association;
(j) contracts shall not be awarded on the basis of nationally negotiated rates;
(k) re-bidding shall not be carried out without the prior concurrence of the Association;
(l) all bidders/contractors shall provide bid/performance security as indicated in the bidding/contract documents;
(m) a bidder’s bid security shall apply only to any particular class of contractorsa specific bid, and non-classified contractors a contractor’s performance security shall also apply only to the specific contract under which it was furnished;
(n) split award or lottery in award of contracts shall not be eligible carried out. When two or more bidders quote the same lowest price, an investigation shall be made to biddetermine any evidence of collusion, following which:
(i) if collusion is determined, the parties involved shall be disqualified and the award shall then be made to the next lowest evaluated and qualified bidder; and
(ii) if no evidence of collusion can be confirmed, then fresh bids shall be invited after receiving the concurrence of the Association;
(o) extension of bid validity shall not be allowed without the prior concurrence of the Association (i) for the first request for extension if it is longer than eight weeks, and (ii) for all subsequent requests for extension irrespective of the period;
(p) bids shall not be invited on the basis of percentage premium or discount over the estimated cost; and
(q) there shall not be any restrictions on the means of delivery of the bids.
Appears in 2 contracts
Samples: Financing Agreement, Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August 31June 30, 20172013. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:
1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.
Appears in 2 contracts
Samples: Financing Agreement, Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August December 31, 20172015. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding competitive bidding procedures of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number Recipient may be used for procurement of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors works under the Construction Law dated October 15Project provided that the following provisions are complied with:
1. Works, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement which this Agreement allows procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Procurement Guidelines. Whenever any procedure , shall be procured in the National Procurement Laws is inconsistent accordance with the requirements of said paragraphs 3.3 and 3.4 provisions of the Guidelines, the latter shall prevail, including the following:
1. The eligibility of bidders shall be as defined under Section I Law of the Guidelines; accordinglyRepublic of Tajikistan “Оn Public Procurement of Goods, no bidder or potential bidder shall be declared ineligible for contracts financed by Works and Services”, dated March 3, 2006 (“the Association for reasons other than those provided Law”). These provisions, in order to ensure economy, efficiency, transparency, and broad consistency with the provisions included in Section I of the Guidelines (as required by paragraphs. 3.3 of the Guidelines), shall be modified as set forth in the following paragraphs.
2. The procurement shall be carried out by the “procuring entity”, as defined in Article 9 of the Law, without any involvement of the Authorized Body on Public Procurement (as referred to in Article 3 of the Law).
3. Government-owned enterprises in Tajikistan 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 procuring entity (as defined in the Law).
4. Foreign bidders shall be eligible to participate in bidding under the same conditions as national local bidders. In particular, no domestic preference over foreign bidders shall be granted to national local bidders in bid evaluation.
5. Invitations to bid shall be advertised in at least one (1) widely circulated national newspaper, nor allowing a minimum of thirty (30) days for the preparation and submission of bids.
6. Until a modified version of the Recipient’s standard bidding documents has been approved by the Association, the Association’s sample NCB bidding documents for the Europe and Central Asia Region shall foreign be used.
7. Qualification criteria shall be clearly specified in the bidding documents, and criteria so specified, and only criteria so specified, shall be used to determine whether a bidder is qualified. Bids of bidders not meeting such criteria shall be asked or rejected as non-qualified. Qualifications of a bidder found to meet the specified qualification criteria shall not be taken into account in the evaluation of such a bidder’s bid.
8. Evaluation criteria shall be clearly specified in the bidding documents, and evaluation criteria other than price shall be quantified in monetary terms. Evaluation criteria so specified, and only criteria so specified, shall be used in bid evaluation. Merit points shall not be used in bid evaluation.
9. For the procurement of goods and works, bidders shall be required to form joint ventures with national bidders in order to submit a bid. Bidders located bid security in the same province or city as amount and in the procuring entity form specified in the bidding documents, unless otherwise agreed with the Association. A bid security in the form of an advance bank transfer shall not be given preference over bidders located outside that city or provinceallowed.
210. In addition Bids may be delivered by mail or by hand. Bids shall be opened immediately after the deadline for bid submission in the presence of the bidders who wish to attend. 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 its 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 bidding committee immediately after bid opening.
11. Bids received after the deadline for bid submissions shall be returned to the foregoing requirementsbidders unopened.
12. Bidders shall not be allowed to be present during bid evaluation, equitized Government-owned enterprises in which and no information relating to the Recipient holds less than fifty percent evaluation of bids shall be disclosed to bidders until the successful bidder is notified of the shares are eligible award.
13. A bid containing material deviations from or reservations to participatethe terms, provided that conditions and specifications of the procuring entity or investment owner does bidding documents shall be rejected as not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment ownersubstantially responsive. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened.
14. Evaluation of bids shall be made in strict adherence to the criteria specified in the bidding documents, and contracts should be awarded to the qualified bidder offering the lowest evaluated and substantially responsive bid.
3. Registration shall not be used to assess bidders’ qualifications15. A foreign bidder shall not be required to register required, as a condition for submitting its award, to undertake obligations not specified in the bidding documents or otherwise to modify the bid and, if determined to as originally submitted.
16. There shall be no post-bidding negotiations between the purchaser and the lowest evaluated responsive or any other bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August 31, 20172016. The procedure procedures to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding The Law of the Law Republic of Kazakhstan on Public Procurement 61/2005/QH11 dated November 29as of 4 April, 20052010 No. 62-IV (the “PPL”), Law 38/2009/QH12 dated June 19subject to the following provisions:
1. Procuring entities shall use the appropriate standard bidding documents acceptable to the Bank, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration which shall be prepared so as to ensure economy, efficiency and efficiency, transparency as set forth in, and broad consistency with, with the provisions of Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 Credits (the “Procurement Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:).
12. The eligibility of bidders shall be as defined under Section I of the Procurement Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association Bank for reasons other than those provided in Section I of the Procurement Guidelines.
3. No restrictions in respect of eligibility to participate in bidding for contracts shall be placed on the basis of nationality of the bidder and/or the origin of goods other than those imposed by primary boycotts.
4. Foreign bidders shall be allowed to participate in National Competitive Bidding procedures without restrictions of any kind.
5. No preference of any kind shall be applied for domestic bidders and/or for domestically manufactured goods.
6. Bidding shall not be restricted to pre-registered firms, and foreign bidders shall not be required to be registered with local authorities as a prerequisite for submitting bids.
7. Foreign firms shall not be required to associate with a local partner in order to bid as a joint venture, and joint venture partners shall be jointly and severally liable for their obligations.
8. Government-owned enterprises in Kazakhstan 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 dependent agencies of the Republic of Kazakhstan. Such enterprises shall be subject to the same conditions bid and performance security requirements as national other bidders.
9. In particularSubject to these provisions, no domestic preference over foreign bidders procurement shall be granted carried out in accordance with the “Bidding Method” procedures set forth in the PPL.
10. The cost estimate for a procurement shall be confidential and shall not be disclosed to national prospective bidders.
11. Prequalification procedures acceptable to the Bank shall be used for large, complex and/or specialized projects.
12. Bidders shall be given at least thirty (30) days from the date of the invitation to bid or the date of availability of bidding documents, whichever is later, to prepare and submit bids.
13. Bids shall be submitted in a single-envelope.
14. An extension of bid validity, if justified by exceptional circumstances, may be requested in writing from all bidders in bid evaluation, nor shall foreign bidders be asked or before the expiration date and for a minimum period required to form joint ventures complete the evaluation or award a contract, but not to exceed thirty (30) days. No further extensions shall be requested without the prior concurrence of the Association.
15. Bids shall be opened in public, immediately after the deadline for their submission in accordance with national bidders in order to submit a bid. Bidders located procedures stated in the same province bidding documents. No bids should be rejected at bid opening unless they are late.
16. Evaluation of bids shall be made in strict adherence to the quantifiable criteria declared in the bidding documents. Qualification criteria for bid evaluation shall be applied on a pass or city fail basis. Evaluation criteria other than price shall be quantified in monetary terms.
17. Bids that are not substantially responsive to the technical specifications, contract conditions, or other critical requirements in the bidding documents shall be rejected.
18. Bid evaluations shall be confidential, and bidding committee meetings shall not be open to bidders and/or their representatives.
19. Post-qualification criteria shall only pertain to past contract performance, financial and technical capabilities of bidders.
20. Contracts shall be awarded to the lowest-evaluated, substantially-responsive bidder who is determined to be qualified to perform the contract in accordance with pre-defined and pre-disclosed evaluation criteria, and no negotiation as to the price or substance of the bid shall take place.
21. If the procuring entity fails to conclude a contract with the lowest evaluated bidder, a contract may be awarded to the bidder who is next ranked and whose bid is substantially responsive.
22. All bids (or the sole bid if only one bid is received) shall not be given preference over bidders located outside that city or provincerejected, the procurement process shall not be cancelled, and new bids shall not be solicited without the Bank’s prior concurrence.
223. Bidders shall be given at least twenty-eight (28) days from the receipt of notification of contract award to submit performance securities.
24. Each bidding document and contract financed out of the proceeds of the Loan shall include provisions on matters pertaining to fraud and corruption as defined in paragraph 1.14(a) of the Procurement Guidelines. The Association will sanction a firm or an individual, at any time, in accordance with prevailing Association sanctions procedures, including by publicly declaring such firm or individual ineligible, either indefinitely or for a stated period of time: (i) to be awarded an Association-financed contract; and (ii) to be a nominated sub- contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Bank-financed contract.
25. In addition accordance with paragraph l.14(e) of the Procurement Guidelines, each bidding document and contract financed out of the proceeds of the Financing shall provide that: (i) the bidders, suppliers, contractors and subcontractors shall permit the Association, at its request, to inspect their accounts and records relating to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent bid submission and performance of the shares are eligible contract, and to participatehave said accounts and records audited by auditors appointed by the Association; and (ii) the deliberate and material violation by the bidder, supplier, contractor or subcontractor of such provision may amount to an obstructive practice as defined in paragraph l.l4(a)(v) of the Procurement Guidelines.
26. The Association may recognize, if requested by the Recipient, exclusion from participation as a result of debarment (black-listing) under the national system, provided that the procuring entity debarment is for offenses involving fraud, corruption or investment owner does not own shares (or represent similar misconduct, and further provided that the Government's shares) in Bank confirms that the enterprise particular debarment procedure afforded due process and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to biddebarment decision is final.
327. Registration shall not be used Complaints related to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, procurement process shall be given reasonable opportunity handled in accordance with the provisions of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bidthe Procurement Guidelines.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August 31, 20172016. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding procedures of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number Kyrgyz Republic may be used for procurement of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors goods under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I Part 2 of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by Project provided that the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the followingfollowing provisions are complied with:
1. The eligibility of bidders shall be as defined under Section I of the GuidelinesGuidelines Procurement under IBRD Loans and XXX credits; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the GuidelinesGuidelines Procurement under IBRD Loans and XXX credits. Foreign bidders shall be eligible to participate Exclusion from participation as a result of debarment should result from violation of clearly identified grounds of misconduct and in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures accordance with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or provincefair and transparent process.
2. In addition Procuring entities shall use the appropriate standard bidding documents acceptable to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bidBank.
3. Registration An extension of bid validity, if justified by exceptional circumstances, shall be 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 applied on the basis of the origin of products or labor.
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 Bank’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 for contract budgeting and evaluation for civil works contracts.
10. Bids shall be opened in public, immediately after the deadline for their submission. No bids can be rejected at bid opening and under the circumstances referred to assess bidders’ qualificationsArticle 6 of the Public Procurement Law.
11. A foreign 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 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 shall not be required to register as a condition for submitting its bid and, if determined to be having submitted the lowest evaluated substantially responsive bidderbid and no negotiation shall take place.
15. There should be an effective and independent protest mechanist allowing bidders and interested parties to protest and to have their protest handled in a timely manner.
16. Advance Bank no objection is required for any modifications in the contract scope/conditions during contract implementation. On each February 15 and August 15: commencing on August 15, shall 2021 to and including February 15, 2031 1% commencing on August 15, 2031 to and including February 15, 2051 2% * The percentages represent the percentage of the principal amount of the Credit to be given reasonable opportunity repaid, except as the Association may otherwise specify pursuant to Section 3.03 (b) of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bidthe General Conditions.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, Section no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 US$100,000 equivalent may be made for payments made prior to this date but on or after May July 1, 2010, for Eligible ExpendituresExpenditures under Category (1).
2. The Closing Date referred to in Section 3.06 (c) of the Standard Conditions is August 31February 29, 20172016. The procedure to be followed for National Competitive Bidding Standard bidding documents approved by the World Bank shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration used. Invitations to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:
1. The eligibility of bidders bid shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder advertised in at least one (1) widely circulated national daily newspaper and bidding documents shall be declared ineligible made available to prospective bidders, at least twenty eight (28) days prior to the deadline for contracts financed the submission of bids. Bids shall not be invited on the basis of percentage premium or discount over the estimated cost. Bidding documents shall be made available, by mail or in person, to all who are willing to pay the Association for reasons other than those provided in Section I of the Guidelinesrequired fee. Foreign bidders shall not be eligible to participate precluded from bidding. Qualification criteria (in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders case pre-qualifications were not carried out) shall be granted to national bidders in bid evaluationstated on the bidding documents, nor shall and if a registration process is required, a foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if firm determined to be the lowest evaluated responsive bidder, bidder shall be given reasonable opportunity of registering, without any let or hindrance. Bidding Bidders may deliver bids, at their option, either in person or by courier service or by mail. All bidders shall provide bid security or a bid security declaration form as indicated in the bidding documents. A bidder’s bid security or the declaration form shall apply only to a specific bid. Bids shall be opened in public in one place preferably immediately, but no later than one hour, after the deadline for submission of bids. Evaluation of bids shall be made in strict adherence to the criteria disclosed in the bidding documents, in a format, and within the specified period, agreed with the World Bank. Bids shall not be restricted rejected merely on the basis of a comparison with an official estimate without the prior concurrence of the World Bank. Split award or lottery in award of contracts shall not be carried out. When two (2) or more bidders quote the same price, an investigation shall be made to determine any particular class evidence of contractorscollusion, following which: (A) if collusion is determined, the parties involved shall be disqualified and the award shall then be made to the next lowest evaluated and qualified bidder; and (B) if no evidence of collusion can be confirmed, then fresh bids shall be invited after receiving the concurrence of the World Bank. Contracts shall be awarded to the lowest evaluated bidders within the initial period of bid validity so that extensions are not necessary. Extension of bid validity may be sought only under exceptional circumstances. Extension of bid validity shall not be allowed without the prior concurrence of the World Bank (A) for the first request for extension if it is longer than four (4) weeks, and non(B) for all subsequent requests for extensions irrespective of the period. Negotiations shall not be allowed with the lowest evaluated or any other bidders. Re-classified bidding shall not be carried out without the World Bank’s prior concurrence; and All contractors or suppliers shall also be eligible provide performance security as indicated in the contract documents. A contractor’s or a supplier’s performance security shall apply to bida specific contract under which it was furnished.
Appears in 1 contract
Samples: Grant Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, Section no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date referred to in Section 3.06 (c) of the Standard Conditions is August 31June 30, 20172014. The procedure procedures to be followed for National Competitive Bidding under paragraph B.1, Section III of Schedule 2 to this Grant Agreement shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29No. 23 for 2007, 2005concerning Government Tenders, Law 38/2009/QH12 dated June 19, 2009 on Amending Auctions and Supplementing a Number of Articles of Laws Concerning Capital Construction InvestmentStores, and Decree 85/2009/NDits Regulations, subject to the following additional procedures:
(i) a Recipient-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure owned enterprise in the National Procurement Laws is inconsistent with the requirements Republic of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:
1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders Yemen shall be eligible to participate 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 bidding under the same conditions as national bidders. In particular, no domestic preference over foreign two (2) local newspapers of wide circulation;
(iv) prospective bidders shall be granted 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 bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition standard bidding documents acceptable to the foregoing requirementsWorld Bank are available, equitized Government-owned enterprises bidding documents approved by the World Bank shall be used, and may be prepared in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares Arabic;
(or represent the Government's sharesvi) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration registration shall not be used to assess bidders’ qualifications. A ; 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 of registeringto register, without any let or hindrance. Bidding ; the registration process shall not be restricted 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 particular class other bidder shall not be permitted;
(xiii) under exceptional circumstances, the procuring entity may, before the expiration of contractorsbid 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 World Bank, at its request, to inspect their accounts and non-classified contractors shall also be eligible records relating to bidthe performance of the contract and to have such accounts and records audited by auditors appointed by the World Bank.
Appears in 1 contract
Samples: Grant Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August 31June 30, 20172012. The procedure additional procedures set out below shall apply to be followed for the procurement of goods and works under contracts awarded on the basis of National Competitive Bidding shall be those set forth Bidding, in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration order to ensure economy, efficiency and transparency as set forth inefficiency, transparency, and broad consistency with, with the provisions of Section I of the “Guidelines for Procurement under IBRD Loans Guidelines, pursuant to paragraph 3.3 of said Guidelines. In the event of a conflict between the Recipient’s procedures and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by provisions of paragraphs 3.3 and 3.4 of the Procurement Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of , said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevailgovern, including the following:
1. The eligibility of bidders : Invitations to bid shall be as defined under Section I advertised in at least one (1) national newspaper with a wide circulation, at least 30 days prior to the deadline for the submission of the Guidelinesbids; accordingly, no bidder or potential bidder Bid documents shall be declared ineligible for contracts financed made available, by mail or in person, to all who are willing to pay the Association for reasons other than those provided in Section I of the Guidelines. required fee; Foreign bidders shall not be eligible to participate in precluded from bidding under the same conditions as national bidders. In particular, and no domestic preference over foreign bidders of any kind shall be granted given to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. 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 written agreement of the Bank; Before rejecting all bids and soliciting new bids, the Bank’s prior written agreement shall be obtained; Bids shall be solicited and works contracts shall be awarded on the basis of unit prices; Contracts shall not be awarded on the basis of nationally negotiated rates; Single bids shall also be considered for award; Contracts shall be awarded to the lowest evaluated and qualified bidder; Post-bidding negotiations shall not be allowed with the lowest evaluated or any particular class other bidders; Draft contracts shall be reviewed by the Bank in accordance with prior review procedures; State-owned enterprises shall be eligible to bid only if they can establish that they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of the Borrower; A firm declared ineligible by the Bank, based on a determination by the Bank that the firm has engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for or in executing a Bank-financed contract, shall be ineligible to be awarded a Bank-financed contract during the period of time determined by the Bank. The Bank shall declare a firm ineligible, either indefinitely or for a stated period, to be awarded a contract financed by the Bank, if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for, or in executing, a contract financed by the Bank; and Each contract financed from the proceeds of a Loan shall provide that the suppliers, contractors, and non-classified contractors subcontractors shall also permit the Bank, at its request, to inspect their accounts and records relating to the performance of the contract and to have said accounts and records audited by auditors appointed by the Bank. The deliberate and material violation by the supplier, contractor, or subcontractor of such provision may amount to an obstructive practice. On each March 15 and September 15: commencing March 15, 2021 to and including September 15, 2030 1.25 commencing March 15, 2031 to and including September 15, 2045 2.5 * The percentages represent the percentage of the principal amount of the Credit to be eligible repaid, except as the Association may otherwise specify pursuant to bidSection 3.03 (b) of the General Conditions.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made made:
(a) for payments made prior to the date of this Agreement; or
(b) under Category (3) until the Recipient has adopted a RAP for Langjophakha, except that withdrawals up whose substance is satisfactory to an aggregate amount not the Association, and has disclosed said RAP in the Kingdom of Bhutan and the World Bank Info Shop, all in accordance with guidelines acceptable to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expendituresthe Association.
2. The Closing Date is August December 31, 20172015. The procedure In order to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to ensure economy, efficiency and transparency as set forth in, and broad consistency with, with the provisions of Section I of the “Procurement Guidelines the following should be followed:
(a) invitations to bid shall be advertised in at least one (1) widely circulated national newspaper, at least thirty (30) days prior to the deadline for Procurement under IBRD Loans and XXX Credits” published the submission of bids;
(b) bid documents shall be made available, by mail or in person, to all who are willing to pay the Association required fee;
(c) evaluation of bids shall be made in May 2004 and revised in October 2006 and May 2010 (strict adherence to the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure criteria disclosed in the National Procurement Laws is inconsistent bidding documents, in a format and specified period agreed with the requirements Association;
(d) bids shall be opened in public in one place, immediately after the deadline for submission of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:bids;
1. The eligibility of (e) foreign bidders shall not be precluded from bidding and no preference of any kind shall be given to national bidders;
(f) qualification criteria (in case pre-qualifications were not carried out) shall be stated in the bidding documents, and if a registration process is required, a foreign firm declared as defined under Section I of the Guidelines; accordingly, no bidder or potential lowest evaluated bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit given a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding ;
(g) contracts shall be awarded to the lowest evaluated bidders;
(h) post-bidding negotiations shall not be restricted allowed with the lowest evaluated bidders or any other bidders;
(i) bids shall not be rejected merely on the basis of a comparison with an official estimate without the prior concurrence of the Association;
(j) annual rate contracts entered into by the implementing entity shall not be acceptable as a substitute for National Competitive Bidding Procedure; such contracts shall be acceptable for any procurement under Shopping as one of the quotation;
(k) re-bidding shall not be carried out without the prior concurrence of the Association;
(l) all bidders/contractors shall provide bid/performance security as indicated in the bidding/contract documents;
(m) a bidder’s bid security shall apply only to any particular class of contractorsa specific bid, and non-classified contractors a contractor’s performance security shall also apply only to the specific contract under which it was furnished;
(n) split award or lottery in award of contracts shall not be eligible carried out when two (2) or more bidders quote the same lowest price, an investigation shall be made to biddetermine any evidence of collusion, following which:
(i) if collusion is determined, the parties involved shall be disqualified and the award shall then be made to the next lowest evaluated and qualified bidder; and
(ii) if no evidence of collusion can be confirmed, then fresh bids shall be invited after receiving the concurrence of the Association;
(o) extension of bid validity shall not be allowed without the prior concurrence of the Association: (i) for the first request for extension if it is longer than eight (8) weeks, and (ii) for all subsequent requests for extension irrespective of the period;
(p) bids shall not be invited on the basis of percentage premium or discount over the estimated cost; and
(q) there shall not be any restrictions on the means of delivery of the bids except electronic submission of bidding documents. On each March 15 and September 15, commencing September 15, 2020 to and including March 15, 2030: 5% * The percentages represent the percentage of the principal amount of the Credit to be repaid.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments payments: (i) made prior to the date of this Agreement; and (ii) under Category (2), except that withdrawals up unless the Recipient has prepared and adopted the Operational Manual, in form and substance satisfactory to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expendituresthe Association.
2. The Closing Date is August 31, 20172016. The procedure In order to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to ensure economy, efficiency and transparency as set forth in, and broad consistency with, with the provisions of Section I of the “Procurement Guidelines the following should be followed:
(a) invitations to bid shall be advertised in at least one (1) widely circulated national newspaper, at least thirty (30) days prior to the deadline for Procurement under IBRD Loans and XXX Credits” published the submission of bids;
(b) bid documents shall be made available, by mail or in person, to all who are willing to pay the Association required fee;
(c) evaluation of bids shall be made in May 2004 and revised in October 2006 and May 2010 (strict adherence to the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure criteria disclosed in the National Procurement Laws is inconsistent bidding documents, in a format and specified period agreed with the requirements Association;
(d) bids shall be opened in public in one place, immediately after the deadline for submission of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:bids;
1. The eligibility of (e) foreign bidders shall not be precluded from bidding and no preference of any kind shall be given to national bidders;
(f) qualification criteria (in case pre-qualifications were not carried out) shall be stated in the bidding documents, and if a registration process is required, a foreign firm declared as defined under Section I of the Guidelines; accordingly, no bidder or potential lowest evaluated bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit given a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding ;
(g) contracts shall be awarded to the lowest evaluated bidders;
(h) post-bidding negotiations shall not be restricted allowed with the lowest evaluated bidders or any other bidders;
(i) bids shall not be rejected merely on the basis of a comparison with an official estimate without the prior concurrence of the Association;
(j) annual rate contracts entered into by the implementing entity shall not be acceptable as a substitute for National Competitive Bidding Procedure; such contracts shall be acceptable for any procurement under Shopping as one of the quotation;
(k) re-bidding shall not be carried out without the prior concurrence of the Association;
(l) all bidders/contractors shall provide bid/performance security as indicated in the bidding/contract documents;
(m) a bidder’s bid security shall apply only to any particular class of contractorsa specific bid, and non-classified contractors a contractor’s performance security shall also apply only to the specific contract under which it was furnished;
(n) split award or lottery in award of contracts shall not be eligible carried out when two (2) or more bidders quote the same lowest price, an investigation shall be made to biddetermine any evidence of collusion, following which:
(i) if collusion is determined, the parties involved shall be disqualified and the award shall then be made to the next lowest evaluated and qualified bidder; and
(ii) if no evidence of collusion can be confirmed, then fresh bids shall be invited after receiving the concurrence of the Association;
(o) extension of bid validity shall not be allowed without the prior concurrence of the Association: (i) for the first request for extension if it is longer than eight (8) weeks, and (ii) for all subsequent requests for extension irrespective of the period;
(p) bids shall not be invited on the basis of percentage premium or discount over the estimated cost; and
(q) there shall not be any restrictions on the means of delivery of the bids except electronic submission of bidding documents. commencing November 15, 2021, to and including May 15, 2031 5% * The percentages represent the percentage of the principal amount of the Credit to be repaid, except as the Association may otherwise specify pursuant to Section 3.03(b) of the General Conditions.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made made:
(a) from the Loan Account until the Bank has received payment in full of the Front-end Fee; or
(b) for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August 31April 30, 2017. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding procedures of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number Borrower may be used for procurement of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors goods under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency Project provided that the following provisions are complied with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:
1. The eligibility of bidders shall be as defined under Section I of the Guidelines: Procurement under IBRD Loans and XXX credits; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding : Procurement under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or provinceIBRD Loans and XXX credits.
2. In addition Procuring entities shall use the appropriate standard bidding documents acceptable to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bidBank.
3. Registration An extension of bid validity, if justified by exceptional circumstances, shall be requested in writing from all bidders before the expiration date and for a minimum period required to complete the evaluation or award contract.
4. National preferences should not be applied.
5. Entities in which the State owns a majority shareholding shall not be used invited to assess bidders’ qualifications. A foreign bidder shall not participate in tenders for the Government unless they are and can be required to register as a condition for submitting its bid and, if determined shown to be legally and financially autonomous and they operate under commercial law.
6. The post-qualification criteria shall only pertain to past contract performance, financial and technical capabilities of bidders.
7. Joint venture partners shall be jointly and severally liable for their obligations.
8. Bids shall be opened in public, immediately after the deadline for their submission. No bids should be rejected at bid opening unless they are late.
9. No bids shall be rejected solely because they exceed the estimated price.
10. Qualification criteria for bid evaluation shall be applied on a pass or fail basis.
11. Contracts shall be awarded to qualified bidder having submitted the lowest evaluated substantially responsive bidderbid and no price negotiation shall take place.
1. The following table sets forth the Principal Payment Dates of the Loan and the percentage of the total principal amount of the Loan payable on each Principal Payment Date (“Installment Share”). If the proceeds of the Loan have been fully withdrawn as of the first Principal Payment Date, the principal amount of the Loan repayable by the Borrower on each Principal Payment Date shall be determined by the Bank by multiplying: (a) Withdrawn Loan Balance as of the first Principal Payment Date; by (b) the Installment Share for each Principal Payment Date, such repayable amount to be adjusted, as necessary, to deduct any amounts referred to in paragraph 4 of this Schedule, to which a Currency Conversion applies. On each April 15 and October 15 Beginning April 15, 2016 through October 15, 2025 5.0%
2. If the proceeds of the Loan have not been fully withdrawn as of the first Principal Payment Date, the principal amount of the Loan repayable by the Borrower on each Principal Payment Date shall be determined as follows:
(a) To the extent that any proceeds of the Loan have been withdrawn as of the first Principal Payment Date, the Borrower shall repay the Withdrawn Loan Balance as of such date in accordance with paragraph 1 of this Schedule.
(b) Any amount withdrawn after the first Principal Payment Date shall be repaid on each Principal Payment Date falling after the date of such withdrawal in amounts determined by the Bank by multiplying the amount of each such withdrawal by a fraction, the numerator of which is the original Installment Share specified in the table in paragraph 1 of this Schedule for said Principal Payment Date (“Original Installment Share”) and the denominator of which is the sum of all remaining Original Installment Shares for Principal Payment Dates falling on or after such date, such amounts repayable to be adjusted, as necessary, to deduct any amounts referred to in paragraph 4 of this Schedule, to which a Currency Conversion applies.
(a) Amounts of the Loan withdrawn within two calendar months prior to any Principal Payment Date shall, for the purposes solely of calculating the principal amounts payable on any Principal Payment Date, be treated as withdrawn and outstanding on the second Principal Payment Date following the date of withdrawal and shall be repayable on each Principal Payment Date commencing with the second Principal Payment Date following the date of withdrawal.
(b) Notwithstanding the provisions of sub-paragraph (a) of this paragraph, if at any time the Bank adopts a due date billing system under which invoices are issued on or after the respective Principal Payment Date, the provisions of such sub-paragraph shall no longer apply to any withdrawals made after the adoption of such billing system.
4. Notwithstanding the provisions of paragraphs 1 and 2 of this Schedule, upon a Currency Conversion of all or any portion of the Withdrawn Loan Balance to an Approved Currency, the amount so converted in the Approved Currency that is repayable on any Principal Payment Date occurring during the Conversion Period, shall be given reasonable opportunity determined by the Bank by multiplying such amount in its currency of registeringdenomination immediately prior to the Conversion by either: (i) the exchange rate that reflects the amounts of principal in the Approved Currency payable by the Bank under the Currency Hedge Transaction relating to the Conversion; or (ii) if the Bank so determines in accordance with the Conversion Guidelines, without any let or hindrancethe exchange rate component of the Screen Rate.
5. Bidding If the Withdrawn Loan Balance is denominated in more than one Loan Currency, the provisions of this Schedule shall not be restricted apply separately to any particular class of contractorsthe amount denominated in each Loan Currency, and non-classified contractors shall also be eligible so as to bidproduce a separate amortization schedule for each such amount.
Section I. Definitions
Appears in 1 contract
Samples: Loan Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 $3,500,000 equivalent may be made for payments made prior to this date but on or after May 1February 15, 2010, 2007 for Eligible ExpendituresExpenditures under Categories (1) and (2).
2. The Closing Date is August December 31, 20172013. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, 2005 and Decree 85/2009111/2006/ND-CP, Guiding Implementation of Law on Procurement and Selection of Contractor Bidder in Accordance with Law on Construction Contractors under the Construction Law dated October 15September 29, 2009 2006 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:
1. (i) The eligibility of bidders shall be as defined under set out in Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. (ii) In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient or procuring entity holds less than fifty percent of the shares are eligible to participate, participate provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment ownerentity. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. (iii) Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.
(iv) Invitations to bid shall be advertised in at least one widely circulated national newspaper, allowing a minimum of thirty (30) days, from the date of the invitation to bid or the date of availability of the bidding documents, whichever is later, for the preparation and submission of bids, and potential bidders shall be allowed to purchase bidding documents up to any time prior to the deadline for the submission of bids. In addition, the Recipient is encouraged to advertise in the Government Public Procurement Bulletin and on a free and open access website.
(v) Standard Bidding Documents, acceptable to the Association, shall be used.
(vi) Qualification criteria shall be clearly specified in the bidding documents, and all criteria so specified, and only such specified criteria, shall be used to determine whether a bidder is qualified. Qualification shall be assessed on a pass or fail basis and merits points shall not be used. Such assessment shall only take into account the bidder’s capacity and resources to perform the contract, specifically its experience and past performance on similar contracts, capabilities with respect to personnel, equipment and construction and manufacturing facilities, and financial capacity.
(vii) Bidders may submit bids, at their option, either in person or by courier service or by mail. Bids shall be opened in public, immediately after the deadline for submission of bids. Bids received after the deadline for bid submission shall be rejected and returned to the bidders unopened.
(a) Bidding documents shall be sold to anyone who is willing to pay the required fee of the bidding documents which shall not exceed the costs of printing, reproduction and delivery, and no other conditions shall be imposed on the sale of the bidding documents.
(b) Evaluation of bids shall be made in strict adherence to the criteria that shall be clearly specified in the bidding documents and quantified in monetary terms for evaluation criteria other than price; merit points shall not be used in bid evaluation.
(c) A contract shall be awarded to the technically responsive bid that offers the lowest evaluated price and no negotiations shall be permitted. A bidder shall not be required, as a condition for award, to undertake obligations not specified in the bidding documents or otherwise to modify the bid as originally submitted.
(d) A bidder shall not be eliminated from detailed evaluation on the basis of minor, non-substantial deviations.
(e) No bidder shall be rejected on the basis of a comparison with the employer’s estimate and budget ceiling without the Association’s prior concurrence.
(f) A copy of the minutes of the public bid opening shall be promptly provided to all bidders who submitted bids, and to the Association with respect to contracts subject to Prior Review.
(viii) All bids shall not be rejected or new bids solicited without the Association’s prior written concurrence.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August 31June 30, 20172014.
1. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending documents and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors contracts under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published national competitive bidding procedures financed by the Association in May 2004 shall include a provision requiring suppliers contractors and revised in October 2006 their subcontractors to permit the Association to inspect their accounts and May 2010 (records relating to the “Guidelines”) bid submission and the performance of the supplier and/or contractor, as the case may be, and to have them audited by auditors appointed by the Association, if so required by paragraphs 3.3 the Association. The deliberate and 3.4 material violation by the supplier, contractor or subcontractor of such provision may amount to obstructive practice.
2. Immediately after completion of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 bid opening proceedings, a copy of the Guidelinesbid opening record shall be posted at a prominent location, accessible to the latter public, outside the office of the concerned procuring entity and shall prevailbe retained at the same location until the award of contract has been notified. A copy of the bid opening record shall be provided to all bidders who submitted bids.
3. The Recipient shall publish the following information on contract award on a free or open access website when it becomes operational or on another means of publication acceptable to the Association: (a) name of each bidder who submitted a bid; (b) bid prices as read out at bid opening; (c) name and evaluated price of each bid that was evaluated; (d) name of bidders whose bid were rejected and the reasons for rejection; (e) name of the winning bidder, including contract price, explanation if it is different than the following:bid price as well as the duration and summary scope of the contract awarded; and (f) contract variation orders. This publication shall be updated quarterly.
14. The eligibility of bidders shall be as defined under Section section I of the Procurement Guidelines; accordingly, no bidder a firm or potential bidder individual previously declared ineligible by the Association based on determination by the Association that this firm or individual has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices shall be declared ineligible to be awarded a contract financed by Association.
5. The Association shall declare a firm or individual ineligible, either indefinitely or for contracts a stated period, to be awarded a contract financed by the Association for reasons other than those provided in Section I of and the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particularRecipient, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided if it at any time determines that the procuring entity firm or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established underindividual has, reporting directly or indirectly tothrough an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or owned wholly or partly byin executing, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bidan Association-financed contract.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August 31June 30, 20172013.
3. Notwithstanding the provisions of paragraph 1 of this Section IV.B, in the event that Eligible Expenditures under this Financing were also eligible for financing under the Original Financing, the Recipient undertakes to first utilize and exhaust the funds available and outstanding for such Eligible Expenditures under the Original Financing before filing any withdrawal applications hereunder for the financing of the said Eligible Expenditures. The procedure following improvements in bidding procedures will apply to be followed for all procurements of goods under National Competitive Bidding shall be those set forth Bidding, in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration order to ensure economy, efficiency and efficiency, transparency as set forth in, and broad consistency with, with the provisions of Section I 1 of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:
1. The eligibility of bidders : Invitations to bid shall be as defined under Section I advertised in at least one national newspaper with a wide circulation, at least 30 days prior to the deadline for the submission of the Guidelinesbids; accordingly, no bidder or potential bidder Bid documents shall be declared ineligible for contracts financed made available, by mail or in person, to all who are willing to pay the Association for reasons other than those provided in Section I of the Guidelines. required fee; Foreign bidders shall not be eligible to participate in precluded from bidding under the same conditions as national bidders. In particular, and no domestic preference over foreign bidders of any kind shall be granted given to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. bidding process; Bidding shall not be restricted to any particular class 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 contractorsbids; Bids shall not be rejected merely on the basis of a comparison with an official estimate without the prior concurrence of the Association; Before rejecting all bids and soliciting new bids, the Association’s prior concurrence shall be obtained; Bids shall be solicited and non-classified contractors contracts shall be awarded on the basis of unit prices; Contracts shall not be awarded on the basis of nationally negotiated rates; Single bid shall also be considered for award; Contracts shall be awarded to the lowest evaluated and qualified bidder; Post-bidding negotiations shall not be allowed with the lowest evaluated or any other bidders; Draft NCB contracts shall be reviewed by the Association in accordance with the prior review procedures; State-owned enterprises shall be eligible to bidbid only if they can establish that they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of the Recipient; 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 time determined by the Association. The Association shall declare a firm ineligible, either indefinitely or for a stated period, to be awarded a contract financed by the Association, if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a contract financed by the Association; and Each contract financed from the proceeds of a Credit shall provide that the suppliers, contractors and subcontractors shall permit the Association, at its request, to inspect their accounts and records relating to the performance of the contract and to have said accounts 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. On each March 15 and September 15 commencing March 15, 2021 to and including September 15, 2030 1.25% commencing March 15, 2031 to and including September 15, 2045 2.5% * The percentages represent the percentage of the principal amount of the Credit to be repaid, except as the Association may otherwise specify pursuant to Section 3.03 (b) of the General Conditions.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August 31September 30, 20172014.
1. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending documents and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors contracts under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published national competitive bidding procedures financed by the Association in May 2004 shall include a provision requiring suppliers contractors and revised in October 2006 their subcontractors to permit the Association to inspect their accounts and May 2010 (records relating to the “Guidelines”) bid submission and the performance of the supplier and/or contractor, as the case may be, and to have them audited by auditors appointed by the Association, if so required by paragraphs 3.3 the Association. The deliberate and 3.4 material violation by the supplier, contractor or subcontractor of such provision may amount to obstructive practice.
2. Immediately after completion of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 bid opening proceedings, a copy of the Guidelinesbid opening record shall be posted at a prominent location, accessible to the latter public, outside the office of the concerned procuring entity and shall prevailbe retained at the same location until the award of contract has been notified. A copy of the bid opening record shall be provided to all bidders who submitted bids.
3. The Recipient shall publish the following information on contract award on a free or open access website when it becomes operational or on another means of publication acceptable to the Association: (a) name of each bidder who submitted a bid; (b) bid prices as read out at bid opening; (c) name and evaluated price of each bid that was evaluated; (d) name of bidders whose bid were rejected and the reasons for rejection; (e) name of the winning bidder, including contract price, explanation if it is different that bid price as well as the following:duration and summary scope of the contract awarded; and (f) contract variation orders. This publication shall be updated quarterly.
14. The eligibility of bidders shall be as defined under Section section I of the GuidelinesBank’s Guidelines for Procurement under IBRD Loans and XXX Credits, published by the Bank in October 2006; accordingly, no bidder a firm or potential bidder individual previously declared ineligible by the Association based on determination by the Association that this firm or individual has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices shall be declared ineligible for contracts to be awarded a contract financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or provinceAssociation.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for made:
(a) payments made prior to the date of this Agreement, Agreement except that withdrawals up to an aggregate amount not to exceed SDR 320,000 exceed: (i) $80,000 equivalent may be made out of Portion A of the Grant; and (ii) $2,220,000 equivalent may be made out of Portion B of the Grant, in each case may be made for payments made prior to this date but on or after May 1December 9, 2010, for Eligible Expenditures; or
(b) for payments under Category (1) or Category (2) unless the Project Operational Manual, with updates as required from the Original Rekompak Project manual, including sections and/or addenda related to the Environmental and Social Safeguards Framework, has been revised in a manner acceptable to the Recipient and the World Bank has been adopted by the Recipient.
2. The Closing Date referred to in Section 3.06 (c) of the Standard Conditions is August December 31, 20172012. The procedure procedures applicable to be followed for the procurement of goods, works, and non-consulting services under contracts awarded on the basis of National Competitive Bidding shall be those of the Pelelangan Umum (Public Tendering) and Pemilihan Langsung / Pelelangan Sederhana (Simplified Tendering) methods as set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29Borrower’s Presidential Regulation No. 54/2010, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under with the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration modifications set out below in order to ensure economy, efficiency and transparency as set forth inefficiency, transparency, and broad consistency with, with the provisions of Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs , pursuant to paragraph 3.3 and 3.4 of the said Guidelines. Whenever any procedure The Pemilihan Langsung / Pelelangan Sederhana method shall apply to such procurement up to the financial thresholds specified in said Regulation. In the National Procurement Laws is inconsistent with event of a conflict between the requirements of said paragraphs 3.3 Borrower’s procedures and 3.4 of the Guidelinesthese modifications, the latter shall prevail, including govern. Procuring entities shall use the following:
1appropriate standard bidding documents acceptable to the Borrower and the Bank. The eligibility provisions of bidders Section 1.14 (Fraud and Corruption) of the Procurement Guidelines shall be apply, and each bidding document and contract financed out of the proceeds of the Loan shall include provisions on matters pertaining to fraud and corruption as defined under Section I in paragraph 1.14 (a) of said Guidelines and the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided contract provisions set out in Section I paragraph 1.14 (e) of the said Guidelines. Foreign bidders shall not be precluded from bidding. If a registration process is required, a foreign firm determined to be the lowest evaluated bidder shall be given reasonable time for registration. Foreign bidders shall not be required to form a joint venture or sub-contract part of the supply of goods, non-consulting services, and works as a condition for submitting bids or the award of the contract. Bidding documents shall be made available, by mail or in person, to all international bidders who are willing to pay the required fee. No preference of any kind shall be given to any bidders. Under the Pelelangan Umum method, bidders shall be allowed at least twenty-one (21) days from the date of the invitation to bid or the date of availability of bidding documents, whichever is later, to prepare and submit bids; this period shall be ten (10) days under the Pemilihan Langsung / Pelelangan Sederhana method. Bids invited under the Pelelangan Umum method shall be submitted in one (1) envelope and evaluated using post-qualification. No bidder shall be rejected merely on the basis of a comparison with the owner’s estimate and budget ceiling without the Bank’s prior written concurrence. Bid security, at the bidder’s option, shall be in the form of a letter of credit or guarantee from a reputable bank or other reputable financial institution and shall without exception follow the form provided for this purpose in the bidding documents. All bids shall not be rejected and new bids solicited without the Bank’s prior written concurrence. Government-owned enterprises in Indonesia shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under the same conditions as national bidders. In particularcommercial law, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall and are not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent dependent agencies of the shares are eligible to participate, provided that the procuring entity Borrower or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bidsub-borrower.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.
Appears in 1 contract
Samples: Grant Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August December 31, 20172015. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding competitive bidding procedures of the Law on Procurement 61/2005/QH11 dated November 29Recipient may be used for procurement of goods, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending works and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/NDnon-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors consulting services under the Construction Law dated October 15Project provided that the following provisions are complied with:
1. Works, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement which this Agreement allows procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Procurement Guidelines. Whenever any procedure , shall be procured in the National Procurement Laws is inconsistent accordance with the requirements of said paragraphs 3.3 and 3.4 provisions of the Guidelines, the latter shall prevail, including the following:
1. The eligibility of bidders shall be as defined under Section I Law of the Guidelines; accordinglyRepublic of Tajikistan “Оn Public Procurement of Goods, no bidder or potential bidder shall be declared ineligible for contracts financed by Works and Services”, dated March 3, 2006 (“the Association for reasons other than those provided Law”). These provisions, in order to ensure economy, efficiency, transparency, and broad consistency with the provisions included in Section I of the Guidelines (as required by paragraphs. 3.3 of the Guidelines), shall be modified as set forth in the following paragraphs.
2. The procurement shall be carried out by the “procuring entity” as defined in Article. 9 of the Law), without any involvement of the Authorized Body on Public Procurement (as referred to in Article 3 of the Law).
3. Government-owned enterprises in Tajikistan 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 procuring entity (as defined in the Law).
4. Foreign bidders shall be eligible to participate in bidding under the same conditions as national local bidders. In particular, no domestic preference over foreign bidders shall be granted to national local bidders in bid evaluation.
5. Invitations to bid shall be advertised in at least one (1) widely circulated national newspaper, nor allowing a minimum of thirty (30) days for the preparation and submission of bids.
6. Until a modified version of the Recipient’s standard bidding documents has been approved by the Association, the Association’s sample NCB bidding documents for the Europe and Central Asia Region shall foreign be used.
7. Qualification criteria shall be clearly specified in the bidding documents, and criteria so specified, and only criteria so specified, shall be used to determine whether a bidder is qualified. Bids of bidders not meeting such criteria shall be asked or rejected as non-qualified. Qualifications of a bidder found to meet the specified qualification criteria shall not be taken into account in the evaluation of such a bidder’s bid.
8. Evaluation criteria shall be clearly specified in the bidding documents, and evaluation criteria other than price shall be quantified in monetary terms. Evaluation criteria so specified, and only criteria so specified, shall be used in bid evaluation. Merit points shall not be used in bid evaluation.
9. Bidders shall be required to form joint ventures with national bidders in order to submit a bid. Bidders located bid security in the same province or city as amount and in the procuring entity form specified in the bidding documents, unless otherwise agreed with the Association. A bid security in the form of an advance bank transfer shall not be given preference over bidders located outside that city or provinceallowed.
210. In addition Bids may be delivered by mail or by hand. Bids shall be opened immediately after the deadline for bid submission in the presence of the bidders who wish to attend. 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 its 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 bidding committee immediately after bid opening.
11. Bids received after the deadline for bid submissions shall be returned to the foregoing requirementsbidders unopened.
12. Bidders shall not be allowed to be present during bid evaluation, equitized Government-owned enterprises in which and no information relating to the Recipient holds less than fifty percent evaluation of bids shall be disclosed to bidders until the successful bidder is notified of the shares are eligible award.
13. A bid containing material deviations from or reservations to participatethe terms, provided that conditions and specifications of the procuring entity or investment owner does bidding documents shall be rejected as not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment ownersubstantially responsive. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened.
14. Evaluation of bids shall be made in strict adherence to the criteria specified in the bidding documents, and contracts should be awarded to the qualified bidder offering the lowest evaluated and substantially responsive bid.
3. Registration shall not be used to assess bidders’ qualifications15. A foreign bidder shall not be required to register required, as a condition for submitting its award, to undertake obligations not specified in the bidding documents or otherwise to modify the bid and, if determined to as originally submitted.
16. There shall be no post-bidding negotiations between the purchaser and the lowest evaluated responsive or any other bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date is August 31, 20172016. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding procedures of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number Kyrgyz Republic may be used for procurement of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors goods under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I Part 2 of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by Project provided that the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:
1. following provisions are complied with: The eligibility of bidders shall be as defined under Section I of the GuidelinesGuidelines Procurement under IBRD Loans and XXX credits; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the GuidelinesGuidelines Procurement under IBRD Loans and XXX credits. Foreign bidders 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 Bank. An extension of bid validity, if justified by exceptional circumstances, shall be eligible 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 applied on the basis of the origin of products or labor. Entities in which the State owns a majority shareholding shall not be invited to participate in bidding 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 same conditions as national Bank’s agreement. The pre- and post- qualification criteria shall only pertain to past contract performance, financial, managerial and technical capabilities of bidders. In particular, no domestic preference over foreign bidders Joint venture partners shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bidjointly and severally liable for their obligations. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration State unit costs shall not be used for contract budgeting and evaluation for civil works contracts. Bids shall be opened in public, immediately after the deadline for their submission. No bids can be rejected at bid opening and under the circumstances referred to assess bidders’ qualificationsArticle 6 of the Public Procurement Law. A foreign 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 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 shall not be required to register as a condition for submitting its bid and, if determined to be having submitted the lowest evaluated substantially responsive bidderbid and no negotiation shall take place. There should be an effective and independent protest mechanist allowing bidders and interested parties to protest and to have their protest handled in a timely manner. Advance Bank no objection is required for any modifications in the contract scope/conditions during contract implementation. On each February 15 and August 15: commencing on August 15, shall 2021 to and including February 15, 2031 1% commencing on August 15, 2031 to and including February 15, 2051 2% * The percentages represent the percentage of the principal amount of the Credit to be given reasonable opportunity repaid, except as the Association may otherwise specify pursuant to Section 3.03 (b) of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bidthe General Conditions.
Appears in 1 contract
Samples: Financing Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made:
(a) from the Loan Account until the Bank has received payment in full of the Front-end Fee;
(b) for payments under Category (1) with respect to each tranche, as set forth in the table in paragraph B.2 (a) of this Section, for which withdrawal request has been submitted, unless the Borrower, through MOPF, has submitted evidence satisfactory to the Bank that Payments under the EEP have been made to eligible beneficiaries by the Borrower in accordance and in compliance with the procedures set forth in the Borrower’s applicable laws and regulations; and
(c) for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent Euro one hundred million (EUR 100,000,000 equivalent) may be made for reimbursements of payments made by the Borrower prior to this date but on or after May 1July 10, 2010, for Eligible ExpendituresExpenditures under Category (1) provided that the Borrower shall have submitted evidence satisfactory to the Bank that respective DLIs have been met.
2. The Closing Date is August 31, 2017. The procedure Notwithstanding the provisions of Part A of this Section and without limitation to be followed for National Competitive Bidding shall be those the provision set forth in Article 18 on Open Bidding paragraph 1 above, withdrawals under Category above may be made by the Borrower as follows:
(a) Withdrawals shall be made in one (1) to twenty (20) tranches and in amounts not exceeding the total of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure ceilings per each respective DLI provided in the National Procurement Laws is inconsistent with table below, subject to submission to the requirements Bank of said paragraphs 3.3 evidences satisfactory to the Bank and 3.4 of as defined in the Guidelines, POM that the latter shall prevail, including the followingfollowing DLIs have been achieved:
1. The eligibility of bidders shall be as defined under Section I ) Adopted Action Plan for the Social Assistance Strategy is disseminated by the MoLFSP 25,000,000 2) Three monthly monitoring reports of the Guidelines; accordingly4 programs under EEP (Family Allowance, no bidder or potential bidder shall be declared ineligible Child Raising Benefits, GMI and State Child Allowance) are produced by NASB 25,000,000 3) Three monthly performance management reports for contracts financed Low-income Households Programs are produced by NASB and used at the Association for reasons other than those provided management level in Section I the MoLFSP and NASB 25,000,000 4) At least 90% of the Guidelines. Foreign bidders shall be eligible Family Allowance beneficiaries are paid, through NASB, for two consecutive months according to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province.
2. In addition to the foregoing requirements, equitized Governmentharmonized means-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise testing procedures and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid.
3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.lower eligibility threshold 25,000,000
Appears in 1 contract
Samples: Loan Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 the equivalent of $15,000,000, may be made for payments made prior to this date but on or after May March 1, 20102011, for Eligible Expenditures.
2. The Closing Date is August December 31, 20172015. The procedure to be followed Contracts for goods and technical services (other than consulting services) procured under the National Competitive Bidding procedures shall comply with the following provisions:
(a) Bidding shall not be restricted to pre-registered firms.
(b) Where registration is required, bidders: (i) shall be those set forth in Article 18 on Open Bidding of allowed a reasonable time to complete the Law on Procurement 61/2005/QH11 dated November 29registration process; and (ii) shall not be denied registration for reasons unrelated to their capability and resources to successfully perform the contract, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/NDwhich shall be verified through post-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 qualification.
(collectively, “National Procurement Laws”c) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following:
1. The eligibility of Foreign bidders shall not be as defined under Section I of precluded from bidding. If a registration process is required, a foreign bidder declared the Guidelines; accordingly, no bidder or potential lowest evaluated bidder shall be declared ineligible given a reasonable opportunity to register.
2. Invitations to bid shall be advertised in at least one widely circulated national daily newspaper allowing a minimum of thirty (30) days for contracts financed by the Association preparation and submission of bids.
3. When pre-qualification shall be required for reasons other than those provided large or complex works, invitations to pre-qualify for bidding shall be advertised in Section I at least one widely circulated national daily newspaper a minimum of thirty (30) days prior to the Guidelinesdeadline for the submission of pre-qualification applications. Foreign bidders Minimum experience, technical and financial requirements shall be explicitly stated in the pre-qualification documents.
4. Government-owned enterprises in the Republic of Uzbekistan shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law and are not a dependent agency of the contracting authority. Furthermore, they will be subject to the same conditions bid performance security requirements as national other bidders.
5. In particularPurchasers shall use the appropriate standard bidding documents for the procurement of goods, no domestic preference over foreign bidders works or services, acceptable to the Bank.
(a) Bids shall be granted opened in public, immediately after the deadline for submission of bids.
(b) Evaluation of bids shall be made in strict adherence to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located the monetarily quantifiable criteria declared in the same province or city as bidding documents.
(c) Contracts shall be awarded to the procuring entity qualified bidder having submitted the lowest evaluated substantially responsive bid and no negotiation shall take place.
(d) Price verification should not be applied to Bank-financed contracts.
7. Civil works contracts of long duration (e.g. more than eighteen (18) months) shall contain an appropriate price adjustment clause.
(a) All bids shall not be given preference over bidders located outside that city or provincerejected and new bids solicited without the Bank’s prior concurrence.
2. In addition to (b) When the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds number of bids received is less than fifty percent of the shares are eligible to participatethree (3), provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security re-bidding shall not be permitted carried out without the Bank’s prior concurrence. The following table sets forth the Principal Payment Dates of the Loan and the percentage of the total principal amount of the Loan payable on each Principal Payment Date (“Installment Share”). If the proceeds of the Loan have been fully withdrawn as of the first Principal Payment Date, the principal amount of the Loan repayable by the Borrower on each Principal Payment Date shall be determined by the Bank by multiplying: (a) Withdrawn Loan Balance as of the first Principal Payment Date; by (b) the Installment Share for each Principal Payment Date, such repayable amount to bid.
3be adjusted, as necessary, to deduct any amounts referred to in paragraph 4 of this Schedule, to which a Currency Conversion applies. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register Principal Payment Date Installment Share (Expressed as a condition for submitting its bid andPercentage) On each January 15 and July 15 Beginning July 15, if determined to be the lowest evaluated responsive bidder2016 through January 15, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.2036 2.5%
Appears in 1 contract
Samples: Loan Agreement
Withdrawal Conditions; Withdrawal Period. 1. Notwithstanding the provisions of Part A of this Section, Section no withdrawal shall be made for payments made prior to the date of this Agreement, except that withdrawals up to an aggregate amount not to exceed SDR 320,000 equivalent may be made for payments made prior to this date but on or after May 1, 2010, for Eligible Expenditures.
2. The Closing Date referred to in Section 3.06 (c) of the Standard Conditions is August March 31, 20172015. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding procedures of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending Kyrgyz Republic may be used for procurement of Goods and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/NDNon-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I consulting services of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by Project provided that the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the followingfollowing provisions are complied with:
1. The eligibility of bidders shall be as defined under Section I of the GuidelinesGuidelines Procurement under IBRD Loans and XXX credits; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association World Bank for reasons other than those provided in Section I of the GuidelinesGuidelines Procurement under IBRD Loans and XXX credits. Foreign bidders shall be eligible to participate Exclusion from participation as a result of debarment should result from violation of clearly identified grounds of misconduct and in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures accordance with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or provincefair and transparent process.
2. In addition Procuring entities shall use the appropriate standard bidding documents acceptable to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bidWorld Bank.
3. Registration An extension of bid validity, if justified by exceptional circumstances, shall be 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 applied on the basis of the origin of products or labor.
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 World Bank’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 for contract budgeting and evaluation for civil works contracts.
10. Bids shall be opened in public, immediately after the deadline for their submission. No bids can be rejected at bid opening and under the circumstances referred to assess bidders’ qualificationsArticle 6 of the Public Procurement Law.
11. A foreign 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 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 shall not be required to register as a condition for submitting its bid and, if determined to be having submitted the lowest evaluated substantially responsive bidder, bid and no negotiation shall take place.
15. There should be given reasonable opportunity of registering, without an effective and independent protest mechanist allowing bidders and interested parties to protest and to have their protest handled in a timely manner.
16. Advance World Bank no objection is required for any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bidmodifications in the contract scope/conditions during contract implementation.
Appears in 1 contract
Samples: Trust Fund Grant Agreement