This Bank Procedures statement was revised March 2012 to take into account the provisions of OP/BP 9.00, issued in February 2012.
Note: These OP and BP replace OP and BP 11.00, Procurement dated July 2001; and the Operational Memoranda Application of Paragraph 3.13 of the Procurement Guidelines to Cases Involving Incumbent Concessionaires, dated November 7, 2005; Application of Procurement Plans to Trust Fund Grants, dated August 18, 2004; and Fraud and Corruption under Bank-Financed Contracts: Procedures for Dealing with Allegations against Bidders, Suppliers, Contractors, or Consultants, dated January 5, 1998. Questions may be addressed to the Chief Procurement Policy Officer, OPCPR.
Revised March 2012
1. These procedures apply to the procurement by World Bank borrowers, in accordance with the Procurement and Consultant Guidelines, of goods, works, and services (consulting and non-consulting) financed in whole or in part out of the proceeds of Bank loans.1
2. General responsibilities and accountabilities of Bank staff for procurement work at each stage of the project cycle are described in Annex A. Responsibilities for procurement decisions are described in the Decision Authority Matrix in Annex B.
3. For each project financed by the Bank, the Task Team Leader (TTL) has the overall primary responsibility to ensure that procurement is carried out in accordance with the Bank’s policies and procedures. The TTL is responsible, inter alia, for obtaining appropriate internal clearances before signing off, on the Bank’s behalf, on the borrower’s actions, recommendations, and/or decisions with respect to procurement under the project.
4. A Procurement Specialist (PS) or a Procurement Accredited Staff (PAS) is a member of the task team responsible for project preparation and implementation support.2 PSs are assigned to projects by the Regional Procurement Manager (RPM), and PASs by the Sector Manager (SM) after consultation with the RPM.
5. The PS/PAS applies due diligence to ensure that procurement is carried out by the borrower in compliance with the loan agreement and Bank procurement policies and procedures throughout the project cycle. The PS/PAS also provides advisory, trouble-shooting, and training services to Bank staff and borrowers about procurement-related matters from the planning stage through contract completion, and assists borrowers to improve their own capacity to carry out procurement in an economic, efficient, and transparent manner. The PS/PAS reports to the RPM on matters relating to the application of the Bank’s procurement policies, and has the responsibility and obligation to seek the RPM’s advice as and when needed.
6. The TTL and the designated PS/PAS (assigned to each project) are responsible for procurement actions and decisions at their respective level of authority and depending on their level of accreditation, and for escalating decisions to the appropriate level (RPM or Operational Procurement Review Committee (OPRC)3 chaired by the Chief Procurement Policy Officer (CPPO)) as per the Decision Authority Matrix.
7. In working with borrowers on procurement matters, Bank staff maintain strict neutrality and impartiality. They do not make any recommendations as they could favor the participation or selection of particular bidders or consultants, and do not participate in any procurement-related activities carried out by the borrower or otherwise undertake activities that are the responsibility of the borrower. In particular, they do not participate in pre-bid/proposal meetings or bid/proposal openings or bid/proposal evaluations, even as observers, and do not recommend specific contractors, suppliers, service providers, or consulting firms/individuals, except to the extent permitted by the Consultant Guidelines for the establishment of long and short lists of consultants.
Procurement Activities and Responsibilities throughout the Project Cycle
8. The PS/PAS draws on his/her market knowledge of the country/sector and the most recent procurement Economic and Sector Work (ESW)4 to identify issues and risks that may affect the project, as well as any specialized procurement arrangements that the project may require.
9. Capacity and Risks Assessment. The PS/PAS assesses the capacity of the implementing agency(ies) to carry out project procurement and the procurement risks at the country, sector and operations levels associated with the implementation of procurement under the operation, using, respectively, the Assessment of Implementing Agency’s Capacity template and the dynamic Procurement Risk Assessment and Management System (P-RAMS) tool.5 Task teams identify fraud and corruption risks and elaborate mitigation measures to address such risks.
10. If the procurement capacity and risk assessments reveal deficiencies, the task team works with the borrower to formulate measures to strengthen the capacity of the borrower’s implementing agency(ies) and mitigate the identified procurement risks (borrower’s procurement capacity strengthening and risks mitigation action plan).6 The PS/PAS prepares and signs a summary report of the findings of the capacity assessment and recommended risk mitigation action plan, and submits it to the TTL after the RPM office vets it. The TTL ensures that the assessment of procurement and fraud and corruption risks are included in the Operational Risk Assessment Framework (ORAF), and ensures that appropriate measures are included in the project design.7
11. Supervision Planning. The PS/PAS drafts the Bank procurement supervision plan setting out the thresholds for the Bank’s prior and post reviews for each type of procurement contemplated under the project, and the frequency of procurement supervisions. The level of review and intensity of procurement supervision is directly linked to the level and nature of risks and to the institutional weaknesses identified through the procurement capacity and risk assessments.
12. Procurement Planning. Once the nature and main components of the proposed project are identified, the PS/PAS and the TTL assist the borrower in preparing the procurement strategy for the project, taking into account country and project specifics, including the identified risks, the capacity of the national private sector to bid for the planned contracts, and the implementing agency’s capacity to execute and manage procurement. The borrower is responsible for monitoring procurement progress and is required to prepare a Procurement Plan in accordance with the Procurement and Consultant Guidelines, and to furnish such to the Bank for no objection before negotiations. For procurement supervision and monitoring purposes as part of project implementation support, the Procurement Plan is based on the Bank’s Sample Procurement Plan template, and provides the minimum required information, including, inter alia, a time-bound schedule and the details of specific contracts.8
13. The PS/PAS assists the TTL in reviewing the Procurement Plan prepared by the borrower and discussing it with the borrower as needed. The TTL ensures that the borrower updates the Procurement Plan, in particular the cost estimates, on an annual basis or as needed throughout the duration of the project, and takes appropriate measures to keep the business community informed of opportunities to bid. The TTL approves the Procurement Plan and each update, and discloses them on the Bank’s external website.9 Under special circumstances the Bank may agree that the Procurement Plan is to be published without disclosing the cost estimates of individual procurement packages.
14. Since updates to the Procurement Plan can only include procurement methods permitted under the loan agreement, all procurement methods foreseen as required for project implementation are set forth in the loan agreement.
Appraisal and Negotiation
15. During appraisal, the PS/PAS supports the TTL in reviewing the borrower’s draft Procurement Plan, and finalizing the Bank procurement supervision plan. These plans, together with the borrower’s procurement capacity strengthening and risks mitigation action plan, form the overall project procurement strategy that is used as an input to the procurement arrangements and relevant Annex of the Project Appraisal Document (PAD).10
16. The PS/PAS assists the TTL in issuing and finalizing the procurement part of the PAD. The procurement arrangements set out in the PAD and the Procurement Plan are reflected in the procurement provisions of the loan agreement drafted by the assigned Country Lawyer (CL). The RPM monitors the quality of project’s procurement arrangements and ensures that they are reviewed by his/her office for high risk projects before negotiations.
17. The PS/PAS reviews the General Procurement Notice (GPN) prepared by the borrower and the TTL clears it. If there is advance procurement under the proposed project, the GPN is issued prior to the commencement of such procurement activities.11
18. As part of the negotiations team, the PS/PAS assists the Bank’s task team and the borrower in finalizing the procurement provisions of the loan agreement, the initial Procurement Plan, the Bank procurement supervision plan, and the bidding documents for the contracts in the Procurement Plan. Any major or substantial changes to the procurement arrangements at this stage are subject to RPM’s review.
19. After completion of loan negotiations, the TTL discloses the Procurement Plan on the Bank’s external website, and arranges for the publication of the GPN and Special Procurement Notices (SPNs) as required in the Procurement and Consultant Guidelines.
20. The Bank team oversees procurement carried out by the borrower by conducting prior and post reviews of contracts as specified in the loan agreement and Procurement Plan, and according to the procurement supervision plan in the relevant sections of the PAD (see Annex C, Maximum Prior Review Thresholds). The Bank team may arrange procurement audits as needed. In addition, the RPM, in consultation with the Country Director (CD) may commission an Independent Procurement Review (IPR) and/or portfolio fiduciary review to cover more than one project.
21. The TTL is, inter alia, responsible for: (i) ensuring adequate funding of procurement reviews, including procurement supervision missions and PPRs, as indicated in the Bank supervision plan included in the PAD; (ii) making arrangements for the review and clearance of technical specifications for the procurement of goods, works, and services and of the Terms of Reference (TOR) for the selection of consultants;12 (iii) checking contract awards against the list of debarred and suspended firms and the Company Risk Profile Database (CRPD, see paragraph 41 below); and (iv) including all project procurement-related documents in the project files and providing relevant information as required.13 The TTL may delegate the authority to sign procurement-related correspondence, including the issuance of no objections, to the PS/PAS in accordance with Annex C of Administrative Manual Statement (AMS) 1.30. In such cases, there is to be a clear written record of this delegation and of its duration.
22. The PS/PAS is, inter alia, responsible for: (i) conducting procurement prior reviews, and requesting RPM review and clearance as required in the authority matrix (see Annex D, Mandatory Review Thresholds14 for RPMs and the OPRC); (ii) planning and conducting Procurement Post Reviews (PPRs); (iii) monitoring the borrower’s progress in implementing the agreed action plan of procurement capacity strengthening and risks mitigation measures, and contributing procurement findings to the aide-memoire of supervision missions led by the TTL; and (iv) assessing the project’s procurement implementation and providing the rating to the TTL for incorporation in the project’s Implementation Status and Results report (ISR). The TTL is responsible for requesting OPRC review and clearance as per Annex D.
23. PPRs15 are normally carried out by the PS/PAS during procurement supervision missions, preferably at the same time as project supervision missions. The percentage of procurement processes subject to post review is set out in the procurement supervision plan agreed at negotiations.16
24. The PS/PAS prepares a PPR report covering as a minimum the size of samples of contracts and the list of contracts reviewed, overall results of the review, major deficiencies and procurement risks that may have been identified, as well as corrective actions to address such. The PPR report also highlights any procurement red flags, and the results of the spot check of the contract awards against the list of debarred and suspended firms. If there are major deficiencies, the PS/PAS proposes corrective actions to the RPM, TTL, SM, and CD after appropriate consultation in accordance with Annexes A and B of this BP. The TTL follows up with the borrower to ensure that those corrective actions are implemented. The PS/PAS sends a copy of the final report to the RPM office, uploads it into the post review module of P-RAMS, and uses the findings of PPRs to identify and address systemic issues in the design of future projects and capacity development at the country level.
25. Fraud and corruption issues are brought to the attention of the Integrity Vice Presidency (INT) in accordance with the provisions of paragraphs 39 to 44 below.
26. Another PAS or a procurement-accredited consultant can be appointed by the TTL to conduct PPRs if the staff or consultant has been cleared by the RPM for such procurement tasks. This PAS or consultant works under the oversight of the PS/PAS who clears the final report. The Bank team may also, depending on risks and the scope of the project (e.g., involving many small value and simple contracts), agree with the borrower that they arrange for the national audit institution or appoint entities to carry out PPRs, in accordance with terms, conditions, and reporting procedures acceptable to the Bank. In such cases, the Bank team will review the reports submitted by the borrower, and the Bank retains its right to directly conduct post reviews during project implementation as may be needed.
27. IPRs.17 Regions may conduct IPRs in high risk countries or for a particular sector or part of the country project portfolio that faces specific procurement issues. An IPR covers a broader range of issues than a PPR, including the overall performance of both the Bank’s task team and the borrower’s implementing agencies, and specific country/sector/portfolio issues. Each fiscal year, the RPM, in consultation with CDs, prepares a plan to conduct IPRs which typically cover more than one Bank-financed project. IPRs are normally carried out by an independent consultant and supervised by the concerned PS/PAS and the RPM in coordination with the concerned CD/SM and TTLs.
28. The process is similar to that described in paragraphs 24 and 25 above. The consultant prepares the IPR report, including performance issues and country/sector/portfolio specifics in addition to the information normally found in a PPR, and discusses its findings with the PS/PAS. The PS/PAS proposes, in consultation with the RPM, corrective actions for problematic projects to the concerned TTLs, may also propose to the TTL adjustments to the Bank’s procurement supervision plan to reflect improvements or deterioration in the borrower’s performance, and sends a copy of the final report to the RPM office for posting on the RPM’s website. The TTL follows up with the borrower to ensure that those corrective actions are implemented.
29. Monitoring PPRs and IPRs. OPCPR18 monitors PPRs and IPRs across the Bank, and reports annually to the Audit Committee of the Board of Executive Directors on Bankwide compliance and salient findings. OPCPR provides training and guidance to assist RPM offices and procurement staff to maintain consistency and standards in conducting PPRs and IPRs.
30. As part of preparing the Implementation Completion and Results Report (ICR), the TTL gathers the procurement information related to the project and seeks the contribution of the PS/PAS on: (i) facts, findings, and key fiduciary issues, including lack of performance; (ii) compliance with the Bank procurement policy and procedural requirements, and any significant deviations or waivers; (iii) any fraud and corruption issues; and (iv) lessons learned from operation design to implementation, and recommendations for future operations. Procedures for completing the ICR are set out in the Implementation Completion and Results Report Guidelines.19
31. When the Bank team determines that the procedures followed by the borrower for procurement are not in accordance with the procedures set forth in the loan agreement, as elaborated in the Procurement Plan, the TTL sends to the borrower a written notice --prepared by the PS/PAS and cleared by the RPM and the CL, and, at the request of either of them, by the Legal Procurement Advisor (LEGPrA)-- bringing the violation to the borrower’s attention and giving it an opportunity to explain how the situation has been rectified or why the Bank otherwise should not declare misprocurement.
32. Upon response by the borrower (or if the borrower fails to respond within a reasonable timeframe), and except in an exceptional case as set forth in paragraph 35 below, the matter is raised to the CD through a memorandum prepared by the PS/PAS, signed by the TTL, cleared by the RPM and the CL (and, at the request of either the RPM or the CL, by the LEGPrA), and copied to OPCPR, giving the details of the case and recommending a course of action to be taken. If the borrower disagrees with the Bank’s determination that a violation has occurred and/or that the Bank should declare misprocurement, the memorandum addresses any points raised by the borrower in this regard in its recommended course of action.
33. Unless the recommended course of action is not to declare misprocurement (because the borrower’s response demonstrates that no violation has occurred or that the underlying violation has been or will be rectified), the memorandum includes a draft final notice to the borrower, prepared by the CL with input from the Loan Department (LOA), declaring misprocurement, cancelling a part of the loan,20 and informing the borrower of the actions it must take.
34. Upon the issuance by the CD of the notice of misprocurement, if any amount allocated to a misprocured contract has already been withdrawn from the loan account, LOA, after advising the TTL, takes appropriate action with the borrower to recover such amount which is then cancelled.
35. When the Bank team considers, after consultation with the PS/PAS, that an exceptional case warrants the reallocation of the portion of the proceeds of the loan allocated to the misprocured contract in accordance with paragraph 13 of OP 11.00, the TTL sends, through the CD and upon clearance by the RPM and the regional Chief Counsel, a memorandum to the Regional Vice President (RVP), copied to the CPPO and the LEGPrA, recommending such reallocation and describing the reasons justifying it. If the recommendation is approved by the RVP, the CD notifies the borrower and the TTL notifies the Deputy General Counsel, Operations, the CPPO, and the LEGPrA of the final decision.
36. Any disagreement within the Bank as to the course of action to be taken in a misprocurement case is raised to the concerned RVP in a memorandum prepared by the TTL, cleared by the RPM and CL, and sent through the CD. The resolution of disagreements follows the provisions of paragraph 48 below.
Complaints or Questions in Procurement
37. Bank staff handle complaints to the Bank from bidders and consultants about Bank-financed contracts in accordance with Appendix 3 of the Procurement and Consultant Guidelines respectively, and with the procedures set out in Annex E of this BP.
38. The Procurement Policy and Services Group (OPCPR) maintains a Bankwide complaints database for monitoring and reporting on complaints, as well as providing inputs to risks assessments. OPCPR conducts annual analyses to determine if there are particular trends, alerts the RPMs as needed, and reports annually to the Audit Committee of the Board of Executive Directors. OPCPR may conduct on-demand analyses as may be requested by Senior Management and Executive Directors.
Fraud and Corruption
39. Bank staff refer to INT, directly or through their Managers, all suspicions and allegations of fraud and corruption from any source involving, directly or indirectly, any participant in a procurement process for a Bank-financed contract, or staff from the implementing agency or other agencies of the borrower.21
40. The PS/PAS checks the Bank’s suspended and debarred firms’ websites22 for eligibility of firms and individuals proposed for award by borrowers before preparing a no objection recommendation to the TTL.
During project preparation and implementation, task teams analyze and categorize, by the degree of seriousness, common warning signs of fraud and corruption23 that require further review and follow-up. If task teams conclude that these signs are due to causes other than fraud and corruption (e.g., lack of borrower’s capacity or flaws in the procurement system), they propose corrective actions. If warning signs appear to indicate fraud or corruption, they consult their managers or the RPM for advice on how to proceed. They also use the CRPD24 developed by INT to identify companies and individuals that may pose an increased risk of fraud and corruption in Bank-financed projects.
42. The task team, the RPM office, regional management, and INT interact and consult each other with regard to: (i) reporting allegations of fraud and corruption in a Bank-financed procurement process or contract; (ii) handling allegations of fraud and corruption the Bank has received, reviewing requests for no-objection for procurement transactions, and following up with borrowers; and (iii) handling post-investigations.25
43. The PS/PAS participates as task team member in the elaboration of mitigation measures to address fraud and corruption risks in the Governance and Anti-Corruption Action Plan (GAAP) prepared for the project, if any.
44. Complaints involving allegations of fraud and corruption may, due to reasons of confidentiality, warrant a different treatment than indicated in paragraph 37 of this BP, and Bank staff shall apply due care and discretion in sharing information with the borrower as stipulated in the Procurement and Consultant Guidelines.
Country Procurement Work
45. In countries with poor procurement practices (high risks), countries with a substantive ongoing or proposed lending program, or countries whose government requests Bank assistance to improve institutional procurement capacity or to reform the national procurement system, the Bank may carry out a Country Procurement Assessment (CPA) jointly with the Government or an Operations Procurement Review (OPR), independently or as part of an integrated fiduciary assessment.26 OPCPR, the Legal Procurement Sub-Unit (LEGPR) of the Legal Operations Policy Unit (LEGOP), and other Bank units responsible for financial management, public sector management, and economic management provide support as needed. RPMs are responsible for planning the reviews in consultation with the CDs and executing them. If the Country Procurement Assessment Report (CPAR) or other diagnostic report does not exist or is not up to date, the RPM and the CD assess whether or not a new CPAR or other diagnostic is necessary.
46. Procurement Reform. When the Bank assists borrowers in developing and implementing procurement reforms, the CD and the RPM generally oversee the work (usually carried out by a PS designated by the RPM). LEGPR oversees the legal aspects of this work, clears the TORs for any legal assignment and the short list of specialized legal consultants capable of undertaking it, and comments on any draft laws and regulations.
Use of Country Systems (UCS) under the Bank Piloting Program
47. The roles and responsibilities of Bank staff and various committees to implement the UCS piloting program are described in Annex E of the paper Use of Country Procurement Systems in Bank-Supported Operations: Proposed Piloting Program approved by the Board on April 22, 2008. A dedicated website has been created with all information related to this program.27
Resolution of Disagreements
48. When disagreements occur, they should be resolved as described below:
(a) Below the OPRC Prior Review thresholds:
(i) If the TTL, whether a PAS or not, disagrees with the PS/PAS assigned to the project, he/she refers the case to the RPM for resolution.
(ii) If the SM or CD disagrees with the RPM, he/she refers the case to the Regional Operations Service Director (OS Director) and the CPPO for resolution, in consultation with the LEGPrA as needed.
If no decision is made at the above levels, the case is brought to the attention of the Senior Vice President and General Counsel, the Vice President and Head of Network for Operational Policy and Country Services (VP OPCS), and the Regional Vice President (RVP). If no decision is made at that level, the case is brought to the attention of the Managing Director Operations (MDO) responsible for the Regional Vice Presidential Unit (RVPU) who makes the final decision.
(b) At or above the OPRC review thresholds:
(i) If the TTL, the SM or CD disagrees with the OPRC, the case is escalated to the Senior Vice President and General Counsel, the VP OPCS, and the RVP.
(ii) If the three members of the OPRC (CPPO, LEGPR representative, and the RPM) fail to reach a consensus, then, at the option of the dissenting member, either (i) he/she merely records his/her dissenting views; or (ii) asks that the issue be escalated to the Senior Vice President and General Counsel, the VP OPCS, and the RVP.
If no decision is made at that level, the case is brought to the attention of the MDO responsible for the RVPU, who makes the final decision.
(c) The final decisions on disagreements pertaining to legal issues arising in complaints will be made after consultations with the Senior Vice President and General Counsel.
(d) When the TTL and the PS/PAS disagree with a project’s procurement implementation rating in the ISR, the RPM and the SM make the decision. In case of disagreement, the final decision is made by the OS Director.
(e) When the CD, the CL, and the RPM disagree with regard to declaring misprocurement, the final decision is made by the RVP.
49. The TTL, after consultation with the PS/PAS, discusses with the RPM any proposed deviations from the Procurement or Consultant Guidelines that may be identified during project preparation or implementation. The RPM asks the CPPO for policy interpretation and advice, in consultation with the LEGPrA. The TTL and CD inform their RVP, who consults with the Vice President of OPCS and the Senior Vice President and General Counsel. A proposed deviation from Bank policy with respect to a project for which a Bank loan has not yet been approved by the Board of Executive Directors requires Board approval. Accordingly, any proposed deviation is discussed in the PAD and clearly indicated in the loan agreement, and is explicitly noted as a matter subject to Board approval. The minutes of negotiations contain a similar disclaimer statement. Deviations during project implementation are escalated to the MDO through the concerned RVP, the VP OPCS, and the General Counsel to decide on the appropriate course of action.
50. Procurement decisions require high-priority attention. RVPs are responsible for providing adequate resources and RPMs are responsible for setting and maintaining adequate arrangements to avoid delays in procurement reviews. The Bank’s business standards for reviews of procurement documents are set out in the table below. If additional time is required to resolve unusual or complex issues and to reach decisions, the TTL sends an acknowledgement to the borrower or concerned party, indicating when a substantive reply can be expected.
Response time for review of bidding documents and evaluation reports:
|(a) under RPM mandatory review limits|
7 working days from the submission of the complete documentation by the TTL
(b) subject to RPM review
10 working days from the submission of the complete documentation by the TTL
(c) subject to OPRC review
17 working days from the submission of the complete documentation by the TTL
List of Acronyms for OP/BP 11.00 and its Annexes
Administrative Manual Statement
Bidding Documents/Request for Proposal
Bank-Executed Trust Fund
Build, Own, Operate/Build, Operate, Transfer/Build, Own, Operate, Transfer
Country Assistance Strategy/Country Partnership Strategy
Community Driven Development
Country Procurement Assessment/ Country Procurement Assessment Report
Chief Procurement Policy Officer
Selection Based on Consultants’ Qualifications
Company Risk Profile Database
Development Grant Facility
Development Policy Lending
Economic and Sector Work
Fixed Budget Selection
Financial Intermediary Fund
Fiduciary Principles Accord
Governance & Anti-Corruption Action Plan
General Procurement Notice
Internal Audit Department
International Bank for Reconstruction and Development
International Competitive Bidding
Implementation Completion and Results Report
International Development Association
Internal Evaluation Group
Integrity Vice Presidency
Independent Procurement Review
Implementation Status and Results Report
Least Cost Selection
Legal Operations Policy unit
Legal Procurement Sub-Unit of LEGOP
Legal Procurement Advisor
Multilateral Development Bank
Managing Director Operations
Multi Donor Trust Fund
Organization for Economic Cooperation and Development/Development Assistance Committee
Procurement Policy & Services Group
Operations Policy and Country Services Vice Presidency
Operations Procurement Review
Operational Procurement Review Committee
Operational Risk Assessment Framework
Procurement Risk Assessment & Management System
Project Appraisal Document
Procurement Accredited Staff/Procurement Specialist
Public Private Partnership
Procurement Post Review
Procurement Sector Board
Quality- and Cost-Based Selection
Recipient-Executed Trust Fund
Regional Procurement Manager
Regional Vice President/Regional Vice Presidency Unit
Standard Bidding Document / Standard Request for Proposals
Supply and Install
Specific Procurement Notice
Single Source Selection
Sector Wide Approach
Terms of Reference
Task Team Leader
Use of Country Systems
Vice President, Operations Services and Country Services
World Bank/ World Bank Group
See OP 11.00 footnotes “i” - “vi” with regard to the application of the Procurement and Consultant Guidelines by borrowers and definitions of “Bank”, “loan”, “borrower”, “loan agreement”, and “Bank-financed project”. Procurement activities financed from Bank-Executed Trust Funds (BETFs) and, in exceptional cases, activities financed from Recipient-Executed Trust Funds (RETFs), which the Bank has agreed to execute on behalf of the grant recipient, follow the Bank's Administrative Manual AMS 15.01 – Selection and Use of Consultants by the World Bank for Operational Purposes administered by the Corporate Procurement Unit of the General Services Department. The procurement procedures applicable to Program-for-Results operations are set out in BP 9.00. See Instructions on Operational Procurement Review Committee Process and Requirements.
The OPRC comprises three Principals: the CPPO who chairs, the Legal Procurement Advisor (LEGPrA) in the Legal Procurement Sub-Unit (LEGPR) of the Legal Operations Policy unit (LEGOP) of the Legal Vice-Presidency, and the RPM of the Region concerned by the case. The no objection communication shall not be issued before the final OPRC report has been cleared by all Principals. In simple or urgent cases, the OPRC may explicitly agree that the no objection letter be sent to the borrower before the final form has been cleared, but under no circumstance before the concerned RPM has cleared it.
ESW may be either a Country Procurement Assessment (CPA) at the request of and jointly with the client government, or an Operations Procurement Assessment if the government chooses not to participate. See the Country Procurement Work Section. The proposed remedies for ensuring compliance with anti-corruption measures vary from country to country and depend on project specifics and the market, and will be used in the design of the project. Appropriate mitigation measures include, inter alia, building stronger teams to be able to increase attention to fiduciary risks, strengthening controls by building partnership with civil society for oversight, training, and technical assistance. The risks are rated using a four–point rating scale: low, moderate, substantial, and high. For quality considerations and risk mitigation in complex projects, regions may recommend a Quality Enhancement Review. In such cases, it is recommended that regions identify a PS/PAS other than the one involved in the preparation of the project to serve as peer reviewer. In cases when projects have an important component dealing with procurement reforms or capacity development, the identified PS/PAS serves as panel member. See Disclosure of Procurement Plan. The PS/PAS follows up regularly to ensure compliance in terms of publication. Cases of non-compliance are reported to the RPM. The RPM office clears all TORs and the proposed selection of consultants for project-related procurement activities. The Legal Procurement Advisor (LEGPrA) clears all TORs and the proposed selection of consultants for legal procurement assignments, and the relevant unit with the relevant expertise in the Legal Vice-Presidency for other legal services (e.g. LEGEN for environmental law). The TTL is responsible for maintaining an adequate filing system for all procurement matters related to the project, and for submitting information and documentation as may be requested for the purpose of internal controls and reviews such as by the Internal Audit Department (IAD) or the Internal Evaluation Group (IEG). Review Thresholds are set on the basis of the value of contracts and type of procurement. This percentage may be adjusted by the TTL in consultation with the PS or PAS during project implementation based on agency(ies) performance. The sample of contracts selected for review shall cover an adequate distribution among different methods of procurement and be in accordance with criteria such as agency(ies) procurement capacity, the age of the project, and the number of procurement contracts which varies with the nature of the project (for example, projects in the social sectors tend to have more smaller value contracts than infrastructure projects). The full set of criteria is included in the PPR Guidance Note. OPCPR is the Procurement Policy & Services Group in the Operations Policy and Country Services Vice Presidency (OPCS) that serves as anchor unit to the Procurement Sector Board (PSB) and supports the RPM offices for both specialized procurement and for the development and provision of training seminars and workshops for internal and external clients. Other areas of activity include procurement policy, harmonization, business outreach, and the issuance of Technical Guidance Notes; Standard Bidding Documents, templates and tools; and instructions on different procurement-related activities. When misprocurement is declared, the amount allocated to the misprocured contract is, in addition to an appropriate portion of the physical and price contingencies, defined as follows: (1) when misprocurement occurs at the procurement stage before contract signing, the estimated contract value in the most recent Procurement Plan to which the Bank gave its no objection, or the lowest evaluated price of the substantially responsive and qualified bidder if bids have already been opened; (2) when the contract has been signed and is under execution or completed, the amount of the signed contract plus the value of amendments to which the Bank gave its no objection (e.g., for works the value of the taking over certificate). Under Staff Rule 8.01, paragraph 2.02, all Bank staff have a duty to report suspected fraud or corruption in Bank–financed projects or in the administration of Bank business to his/ her direct manager or to INT. A manager who suspects or receives a report of suspected fraud or corruption has an obligation to report it to INT. General information on the identification of fraudulent schemes and corrupt practices in procurement and financial management can be found in the Fraud and Corruption Awareness Handbook. In addition, a Red Flags tool has been developed for training purposes. See Guidance Note issued by OPCS. See Joint OPCS/INT Protocol providing guidance to Bank staff. See CPAR and ESW Instructions. Fiduciary assessments typically incorporate Financial Management and Public Sector Management reviews, possibly Public Expenditures Reviews, and are usually carried out with other donors, in particular other Multilateral Development Banks.