The Bank’s handling of Procurement related issues identified by Participants in a tender 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, tender or selection documents issued by the client.
When reviewing a complaint from a Participant in a tender process financed by the Bank the Bank’s role is to determine if the process has followed the agreed procedures. It should be noted that a determination by the Bank to uphold a procurement complaint might impact on the availability of Bank funding for the contract, but may not alter the outcome of the tender process.
A client of the Bank may accept to review procurement complaints at any time in a tender process and shall then explain to the Bank in the following evaluation report how the complaint has been resolved. It is important to appreciate that the review process described in the Complaints 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 only.
The Bank’s review process includes two components:
1) Request for Procurement Review. This provides the participants in a tender process the opportunity to request the Bank to review any identified issue that has not been resolved through communication with the Bank’s client before the deadline of the submission of a prequalification, tender or consultancy proposal. During this part of a procurement process there is still a possibility to adjust a tender process and hence from the Bank’s perspective this is part of a clarification and issues raised do not necessarily constitute the grounds for a complaint. The Request for Procurement Review process is described in the following Guidance Note: Request for Bank Procurement Review
Request for Procurement Review shall be submitted to the Director of the Procurement Policy and Advisory Department to: ProcurementReview@ebrd.com
2) Procurement Complaint. A Complaint will only be considered if filed by or on behalf of a Participant after the deadline for submission of:
a) In respect of Goods and Works tenders, a prequalification application, a first stage technical proposal or a final tender;
b) In respect of Consultancy services, an expression of interest, a technical proposal or a final proposal.
The Bank’s complaints handling process is described in the following Directive: Procurement Complaints Review Directive
How to submit a complaint? Any procurement complaint MUST be submitted to the Bank using the following Complaints FORM.
Complaints shall be submitted to the Director of the Procurement Policy and Advisory Department to: ProcurementComplaint@ebrd.com
As an integral part of every procurement process, Participants are entitled to a debriefing by the client and the Bank will not entertain any Request for Procurement Review or Procurement Complaint if the participant has not endeavoured to get a debriefing by the client first. The Bank may, upon request by a participant, arrange a formal debriefing which shall be conducted by the Bank’s client with the oversight by the Bank. The Bank’s debriefing process is described in the following Guidance Note: Procurement Debriefing
Request for Procurement Debriefing shall be submitted to the Director of the Procurement Policy and Advisory Department to: EBRDDebriefing@ebrd.com