Yes

No

Bank Policy

1.      Are there eligibility restrictions based on nationality of bidder and/or origin of goods (other than primary boycotts)?

Not allowed

2.      Are there primary boycotts which are established by law?

Only primary boycotts are acceptable

3.      Are bidding opportunities advertised in the local press?

Required

4.      Are prospective bidders allowed at least 30 days for bid preparation (except for commodities/small goods contracts)?

Required

5.      Are contractors/suppliers prequalified for large/specialized contracts?

Required

6.      Are minimum experience, technical and financial requirements (for pre- or post-qualification) explicitly stated in the documents?

Registration should not be used as a substitute for advertisement when open competition is required. However, when advertising for civil works, borrowers could indicate the required minimum category of contractor specified in the registration system.

Required

Required 

7.      Is an invitation to prequalify advertised for each procurement involving large or complex potential contracts?

Required

8.      Are joint ventures with local firms required for foreign firms’ eligibility?

Not allowed

9.      Are joint venture partners jointly and severally liable?

Required

10.  Are there set limitations to the number of firms who can bid for a contract?

Not allowed

11.  Are parastatals allowed to bid?

Acceptable only if they (i) are financially autonomous, (ii) operate under commercial law, and (iii) are independent from borrower and its purchasing/contracting authority.

12.  Are bidders required to register with a local or federal authority as a prior condition for bidding?

Should be discouraged. Acceptable only if registration criteria, process and cost reasonable/efficient and qualified foreign firms are not precluded from competing.

13.  Are extensions to bid validity allowed?

Acceptable only if justified by exceptional circumstances.

14.  Are there restrictions on the means of delivery of bids?

Not allowed, except when bidders have to submit physical samples. Then they can be required to deliver bids by mail, by courier, by hand, etc.

15.  Is preference given to suppliers or contractors based on region or locality of registration, small size, ethnic ownership, etc.?

Not allowed

16.  Are there restrictions on sources of labor and material?

Not allowed, except for unskilled labor, if available locally.

17.  Is public bid opening required? Does it occur immediately or closely following the bid submission deadline?

Required

18.  Is a “two envelope” bid opening procedure permitted for procurement of goods or works? [1]

Should be discouraged. Allowed only if (i) domestic law precludes use of one envelope and (ii) provided adequate safeguards against retaining second envelope unopened are incorporated in the two envelope procedures and effective bid protest mechanisms are already in place for the due processing of bid complaints.

19.  Is automatic rebidding required if too few bids are received?

Acceptable, provided all responsive bidders are allowed to bid, the process is efficient and no serious delays result.

20.  Is “bracketing” used in bid evaluations? [2]

Are bid evaluation criteria other than price allowed?

Not allowed

Only if quantified in monetary terms

21.  Is award made to lowest evaluated qualified and responsive bidder?

Required

22.  Are price negotiations conducted with “winning” bidders prior to contract signature?

Not allowed, except where the bid price is substantially above market or budget levels and then only if negotiations are carried out to try to reach a satisfactory contract through reduction in scope and/or reallocation of risk and responsibility which can be reflected in a reduction in Contract Price. (See Guidelines para 2.60)

23.  Are price adjustment provisions generally used?

Not required, but recommended for works contracts of one year or more in duration when domestic inflation rate is high.

24.  Are the terms and conditions used in goods and works procurement generally appropriate for the size and nature of contract intended?

Required (to be acceptable they should be balanced, reasonable, and clearly address the most important issues that lead to problems during performance, e.g. risk allocation, payment, inspection, completion/acceptance, insurance, warrantees, changes, contract remedies, force majeure, governing law, termination, etc.)

25.  Are contract scope/conditions modified during implementation?

Acceptable, but the Bank’s approval is required for changes in those contracts that were subject to prior review under the Loan Agreement.