Procurement Plan For Project Implementation Support And Capacity Development 1 GeneralThe Procedures To Be Followed For The Procurement Of Goods Non Consulting Services And Works Under Contracts Awarded On The Basis Of National Competitive Bidding Shall Be Those Set Forth In A Law On Procurement No 43 2013 Qh13 Dated November 26 2013 Law On Procurement And B Decree No 63 2014 Nd Cp Dated June 26 2014 Collectively National Procurement Laws Whenever Any Procedure In The National Procurement Laws Is Inconsistent With The Adb Procurement Guidelines March 2013 As Amended From Time To Time The Adb Procurement Guidelines Shall Prevail Amongst Others On The Following 2 Eligibility I The Eligibility Of Bidders Shall Be Defined Under Section I Of The Adb Procurement Guidelines Accordingly No Bidder Or Potential Bidder Should Be Declared Ineligible For Reasons Other Than Those Provided In Section I Of The Adb Procurement Guidelines As Amended From Time To Time Conditions Of Bidders Participation Shall Be Limited To Those That Are Essential To Ensure Bidders Capability To Fulfill The Contract In Question Foreign Bidders Shall Be Eligible To Participate Under The Same Conditions As National Bidders Foreign Bidders Shall Not Be Asked Or Required To Form Joint Ventures With Or Be Subcontractors To National Bidders In Order To Submit A Bid Ii A Firm Declared Ineligible By Adb Cannot Participate In Bidding For An Adb Financed Contract During The Period Of Time Determined By Adb Iii A Bidder Shall Not Have A Conflict Of Interest Which Term Shall Be Defined In Accordance With Section 1 Of Adb Procurement Guidelines 1 Any Bidder Found To Have A Conflict Of Interest Shall Be Ineligible For Contract Award Iv Government Owned Enterprises In The Borrowers Country Shall Be Eligible To Participate As A Bidder Only If They Can Establish That They Are Legally And Financially Autonomous Operate Under Commercial Law And Are Not Dependent Agencies Of The Borrower Or Sub Borrower V National Sanction Lists May Only Be Applied With Approval Of Adb2 3 PreferencesNo Preference Of Any Kind Shall Be Given To Domestic Bidders Over Foreign Bidders Or For Domestically Manufactured Goods Over Foreign Manufactured Goods Unless Otherwise Stated In The Applicable Financing Agreement Preferences Among Domestic Bidders Set Forth In Article 14 3 Of The Law On Procurement Shall Not Be Applied 4 Bidding Procedure Single Stage Single Envelope Shall Be The Default Bidding Procedure And Application Of Other Bidding Procedures Shall Require Adbs Prior Approval 5 Time For Bid PreparationThe Time Allowed For The Preparation And Submission Of Bids For Large And Or Complex Packages Shall Not Be Less Than Thirty 30 Days From The Date Of The Invitation To Bid Or The Date Of Availability Of The Bidding Documents Whichever Is Later 6 Standard Bidding DocumentsThe Borrowers Standard Bidding Documents Acceptable To Adb Shall Be Used Bidders Shall Be Allowed To Submit Bids By Hand Or By Mail Courier 7 Bid Opening And Evaluation I Bids Shall Be Opened In Public Immediately After The Deadline For Submission Of Bids Regardless Of The Number Of Bids Received Ii Except With Prior Approval Of Adb Merit Points Shall Not Be Used In Bid Evaluation Iii No Price Adjustments Shall Be Made For Evaluation Purposes In Accordance With Article 117 6 Of Decree 63 When Unit Rates Offered By The Bidder Are Determined To Be Abnormally Low Iv Bidders Shall Be Given Commercially Reasonable Time Period To Respond To Clarification Requests V Bidders Shall Not Be Eliminated From Detailed Evaluation On The Basis Of Minor Non Substantial Deviations3 Vi Except With The Prior Approval Of Adb Negotiations Contemplated Under Paragraphs 7 And 8 Of Article 117 Of Decree No 63 2014 Nd Cp Shall Not Take Place With Any Bidder Prior To Contract Award Vii A Bidder Shall Not Be Required As A Condition For Award Of Contract To Undertake Obligations Not Specified In The Bidding Documents Or Otherwise To Modify The Bid As Originally Submitted 8 Rejection Of All Bids And Rebidding I No Bid Shall Be Rejected On The Basis Of A Comparison With The Procuring Entitys Estimate Or Budget Ceiling Without Adbs Prior Concurrence Ii All Bids Shall Not Be Rejected And New Bids Solicited Without Adbs Prior Approval 9 Publication Of The Award Of Contract Debriefing I For Contracts Subject To Prior Review Within 2 Weeks Of Receiving Adbs NoObjection To The Recommendation Of Contract Award The Borrower Shall Publish In The Government Public Procurement Gazette Or Well Known And Freely Accessible Website The Results Of The Bid Evaluation Identifying The Bid And Lot Numbers And Providing Information On I Name Of Each Bidder Who Submitted A Bid Ii Bid Prices As Read Out At Bid Opening Iii Name And Evaluated Prices Of Each Bid That Was Evaluated Iv Name Of Bidders Whose Bids Were Rejected And The Reasons For Their Rejection And V Name Of The Winning Bidder And The Price It Offered As Well As The Duration And Summary Scope Of The Contract Awarded Ii For Contracts Subject To Post Review The Procuring Entity Shall Publish The Bid Evaluation Results No Later Than The Date Of Contract Award Iii In The Publication Of The Bid Evaluation Results The Borrower Shall Specify That Any Bidder Who Wishes To Ascertain The Grounds On Which Its Bid Was Not Selected May Request An Explanation From The Borrower The Borrower Shall Promptly Provide An Explanation Of Why Such Bid Was Not Selected Either In Writing And Or In A Debriefing Meeting At The Option Of The Borrower The Requesting Bidder Shall Bear All The Costs Of Attending Such A Debriefing 10 Contract AdministrationThe Contract Agreement As Such Term Is Defined In The Relevant Bidding Document Shall Be Applied Without Any Modification During Implementation Except As Otherwise Agreed By Adb 11 Fraud And Corruption A Provision Shall Be Included In All Bidding Documents For Ncb Works And Goods Contracts Financed By Adb Stating That Adb Will Sanction A Party Or Its Related Parties Including Declaring Ineligible Either Indefinitely Or For A Stated Period Of Time To Participate In Adb Financed Administered Or Supported Activities If It At Any Time Determines That The Party Has Directly Or Indirectly Through An Agent Engaged In Integrity Violations As Defined Under Adbs Integrity Principles And Guidelines Including Corrupt Fraudulent Collusive Or Coercive Practices In Competing For Or In Executing An Adb Financed Administered Or Supported Contract 12 Right To Inspect AuditEach Bidding Document And Contract Financed By Adb Shall Include A Provision Requiring Bidders Contractors Agents Whether Declared Or Not Sub Contractors Sub Consultants Service Providers Or Suppliers And Any Personnel Thereof To Permit Adb To Inspect All Accounts Records And Other Documents Relating To Any Prequalification Process Bid Submission And Contract Performance In The Case Of Award And To Have Them Audited By Auditors Appointed By Adb
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