The Bank’s handling of Procurement related issues identified by Participants in a procurement process.
EBRD’s clients are responsible for implementing Bank-financed projects, including all aspects of the procurement process for the contracts needed for the project from the planning stage through to the award of contracts, as well as the administration of such contracts.
The Bank monitors the procurement process, but is not a party to the resulting contracts. The rights and obligations of the client vis-à-vis Participants in procurement processes for goods, works and services (including consultancy services) are governed by the pre-qualification or procurement documents issued by the client.
When reviewing a procurement issue raised by a Participant in a procurement process governed by the Bank’s Procurement Polices and Rules, the Bank’s role is to determine if the process is following or has followed the agreed procedures.
A client of the Bank may accept to review procurement complaints at any time in a procurement process and shall then justify to the Bank in the relevant evaluation report how the complaint has been resolved. It is important to appreciate that the review process described in the Procurement Complaints Review Directive as well as in the guidance notes supplementing the Directive concerns the Bank’s involvement and that the client versus Participants relationship is guided by the procurement documents.
The Bank’s review process includes two components:
1) Request for Bank Procurement Review. This provides the Participants in a procurement process the opportunity to request the Bank to review any identified issue that has not been resolved through communication with the Bank’s client and raised with the Bank before the deadline for submission of a financial proposal/tender. During this part of a procurement process there is still, in the majority of cases, a possibility to address the issues raised and hence from the Bank’s perspective issues raised at this stage do not constitute the grounds for a procurement complaint to the Bank.
The Request for Bank Procurement Review process is described in the following Guidance Note: Request for Bank Procurement Review
A Request for Bank Procurement Review shall be submitted to the Director of the Procurement Policy and Advisory Department using the following e-mail address: EBRDProcurementReview@ebrd.com
2) Procurement Complaint. A Procurement Complaint will only be considered by the Bank if filed by or on behalf of a Participant in a procurement process after the deadline for:
(a) In respect of goods, works, commodities and other non-consultancy services tenders, the opening of the final tender which includes the financial proposal;
(b) In respect of consultancy services, where a financial proposal has to be submitted as part of the consultant selection process, the opening of the financial proposal.
The Bank’s procurement complaints handling process is described in the following Directive: Procurement Complaints Review Directive
It should be noted that one of the conditions for the Bank to consider a procurement complaint is that the complaining Participant has requested and received a debriefing (Bank’s Guidance Note on Procurement Debriefing) by the client or if the Bank’s client declined to arrange a debriefing explicitly or by not responding to a request.
Any procurement complaint must be submitted to the Bank using the following Complaints FORM.
EBRD Procurement Complaint Form
Complaints shall be submitted to the Director of the Procurement Policy and Advisory Department to: ProcurementComplaint@ebrd.com
It shall be noted that a determination by the Bank to uphold a procurement complaint might render the contract ineligible for Bank funding, but does not automatically alter the outcome of the procurement process.