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SPLIT Procurement Operations Manual

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Common Abbreviations and Defined Terms


Abbreviation / Full terminology / definition
Term

Annex An Annex to these Procurement Regulations for Borrowers.


Applicant A firm or joint venture that submits an Application in response to an
invitation for Prequalification or Initial Selection.
Application A document submitted by an Applicant in response to an invitation
for Prequalification or Initial Selection.
BAFO Best and final offer.
Bank IBRD and/or IDA (whether acting on its own account or in its
capacity as administrator of trust funds provided by other donors).
Bid An offer, by a firm or joint venture, in response to a Request for Bids,
to provide the required Goods, Works or Non-consulting Services.
Bidder A firm or joint venture that submits a Bid for Goods, Works, or Non-
consulting Services in response to a Request for Bids.
Borrower A borrower or recipient of Investment Project Financing (IPF) and
any other entity involved in the implementation of a project financed
by IPF.
Business Day Any day that is an official working day of the Borrower. It excludes
the Borrower’s official public holidays.
CIP Incoterm meaning Carriage and Insurance Paid to (named place of
destination).
Competitive A selection method for Goods, Works or Non-consulting Services
Dialogue described in Paragraphs 6.39 to 6.41 and Annex XIII.
Complaint A procurement-related complaint as described in Paragraphs 3.26 to
3.31 and Annex III, Procurement-related Complaints.
Consultant A variety of private and public entities, joint ventures, or individuals
that provide services of an advisory or professional nature. Where
the Consultant is an individual they are not engaged by the Borrower
as an employee.
Consulting Covers a range of services that are of an advisory or professional
Services nature and are provided by Consultants.
These Services typically involve providing expert or strategic advice
e.g., management consultants, policy consultants or communications
consultants. Advisory and project related Consulting Services
include, for example: feasibility studies, project management,
engineering services, finance and accounting services, training and
development.
Contract Award The published award of contract notice as described Paragraphs
Notice 5.93 to 5.95.
Core The Bank’s Core Procurement Principles (value for money,
Procurement economy, integrity, fit for purpose, efficiency, transparency and
Principles fairness) are set out in detail in Section III. C of the Bank Policy:
Procurement in IPF and Other Operational Procurement Matters.

CQS Consultant’s qualifications based selection.


Emergency For the purposes of these Procurement Regulations, Emergency
Situations Situations include those cases where the Borrower/beneficiary or, as
appropriate, the member country is deemed by the Bank to be in
urgent need of assistance because of a natural or man-made
disaster or conflict.

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EOI Expression of Interest.

FA Financial Agreement.

FBS Fixed-budget Based Selection; a method of evaluating the selection


of Consultants where Proposals are based on a fixed budget.
Fraud and The sanctionable practices of corruption, fraud, collusion, coercion
Corruption and obstruction defined in the Anti-Corruption Guidelines and
reflected in paragraph 2.2a of Annex IV of these Procurement
Regulations.
Goods A category of procurement that includes: commodities, raw material,
machinery, equipment, vehicles, Plant, and related services such as
transportation, insurance, installation, commissioning, training, and
initial maintenance,
GPN General Procurement Notice.
IBRD International Bank for Reconstruction and Development.
IDA International Development Association.
In Writing This means communicated or recorded in written form. It includes,
for example: mail, e-mail, fax or communication through an
electronic procurement system (provided that the electronic system
is accessible, secure, ensures integrity and confidentiality, and has
sufficient audit trail features).
Incoterms The international commercial terms for goods published by the
International Chamber of Commerce (ICC).
Initial Selection The shortlisting process used prior to inviting request for proposals in
(IS) the procurement of Goods, Works or Non-consulting Services.
Investment The Bank’s financing of investment projects that aims to promote
Project poverty reduction and sustainable development. IPF supports
Financing (IPF) projects with defined development objectives, activities, and results,
and disburses the proceeds of Bank financing against specific
eligible expenditures.
KPI Key Performance Indicator.
LCS Least-cost-based Selection: a method of evaluating the selection of
Consultants based on the lowest price.
Loan Agreement Each agreement with the Bank providing for a loan for a project,
including Procurement Plan and all documents incorporated by
reference. If the Bank enters into a project agreement with an entity
implementing the project, the term includes the project agreement.
Most As defined in Annex X, Evaluation Criteria.
Advantageous
Bid/Proposal
NGO Non-governmental Organization.
Non-consulting Services which are not Consulting Services. Non-consulting Services
Services: are normally bid and contracted on the basis of performance of
measurable outputs, and for which performance standards can be
clearly identified and consistently applied. Examples include: drilling,
aerial photography, satellite imagery, mapping, and similar
operations.
Notification of The notice transmitted to Bidders/Proposers/Consultants informing
Intention to them of the intention to award the contract, as described in
Award Paragraphs 5.72 to 5.77.

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Paragraph A numbered paragraph within these Procurement Regulations. It


excludes paragraphs in the Annexes.
Prequalification The shortlisting process which can be used prior to inviting request
for bids in the procurement of Goods, Works or Non-consulting
Services.
Probity An independent third party that provides specialist probity services
Assurance for concurrent monitoring of the Procurement Process.
Provider
Procurement A generic term used in these Procurement Regulations to cover all
Documents Procurement Documents issued by the Borrower. It includes: GPN,
SPN, REOI, prequalification document, initial selection document,
request for bids document, request for proposal documents, forms of
contracts and any addenda.
Procurement The Borrower’s Procurement Plan for IPF projects, as referred to in
Plan Paragraphs 4.4 and 4.5, and incorporated by reference in the Loan
Agreement.
Procurement The process that starts with the identification of a need and
Process continues through planning, preparation of specifications/
requirements, budget considerations, selection, contract award, and
contract management. It ends on the last day of the warranty period.
Procurement The “World Bank Procurement Regulations for IPF Borrowers”.
Regulations
Project A project-level strategy document, prepared by the Borrower, that
Procurement describes how procurement in IPF operations support the
Strategy for development objectives of the project and deliver VfM.
Development
(PPSD)
Proposal An offer, in response to a request for proposals, which may or may
not include price, by one party to provide Goods, Works, Non-
Consulting Services or Consulting Services to another party.
Proposer An individual entity or joint venture that submits a Proposal for
Goods, Works, and Non-consulting Services in response to a
request for proposals.
QBS Consultants Quality-based Selection.
QCBS Consultants Quality and Cost-based Selection.
REoI Request for Expressions of Interest.
RFB Request for Bids as a selection method.
RFP Request for Proposals as a selection method.
RFQ Request for Quotations as a selection method.
Section A Section within these Procurement Regulations for Borrowers.
Shortlist The shortlisting process used prior to inviting request for proposals in
the procurement of Consulting Services.
SPN Specific Procurement Notice.
Standard Procurement documents issued by the Bank to be used by
Procurement Borrowers for IPF financed projects. These include, GPN, SPN,
Documents REOI, Standard Prequalification documents, Initial Selection
(SPDs) documents, Request for Bids documents, and Request for Proposals
documents.
Standstill Period The period following the Notification of Intention to Award as
described in Paragraphs 5.78 to 5.80.
TOR Terms of Reference.

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UNDB Online UN Development Business online. www.devbusiness.com


VfM Value for Money.

WBG’s A framework consisting of WBG Policy, “Sanctions for Fraud and


Sanctions Corruption”, and other related regulations adopted by the Bank.
Framework
(Sanctions
Framework)

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TABLE OF CONTENTS

1.0 INTRODUCTION..................................................................................................................... 8
1.1 Objective of the Manual ....................................................................................................... 8
1.2 Procurement Principles ........................................................................................................ 8
2.0 PROCUREMENT POLICY .................................................................................................... 8
2.1. Applicable Procurement Documents ................................................................................... 9
2.2 Threshold for Procurement Approaches and Methods ................................................... 10
3.0 INSTITUTIONAL ARRANGEMENTS ............................................................................... 10
3.1 Roles and Responsibilities .................................................................................................. 10
3.2 Project Organization and Management ............................................................................ 11
3.3 SPLIT Procurement Process and Flowchart adopting STEP ......................................... 15
4.0 PROCUREMENT PLANNING............................................................................................. 16
4.1. Pre-Implementation Procurement Options ...................................................................... 16
4.2 Procurement Plan Preparation .......................................................................................... 16
4.3 Procurement Tracking Tool ............................................................................................... 16
4.4 Notification to GPPB (DAR Option) ................................................................................. 16
4.5 Preparation of Bidding Documents ................................................................................... 17
4.6 Standard Procurement Documents ................................................................................... 17
5.0 PROCUREMENT OF GOODS AND NON-CONSULTING SERVICES ........................ 17
5.1 Scope and Procuring Entity ............................................................................................... 17
5.2 Procurement Procedures .................................................................................................... 18
6.0 PROCUREMENT FOR CONSULTING SERVICES (FIRMS) ........................................ 23
6.1 Request for Proposal ............................................................................................................. 23
6.2 Issuance of Request for Proposal .......................................................................................... 23
6.3 Conflict of Interest ................................................................................................................ 23
6.4 Unfair Competitive Advantage ............................................................................................. 24
6.5 Eligibility .............................................................................................................................. 24
6.6 Sanctions ............................................................................................................................... 24
6.7 Preparation of Proposals ....................................................................................................... 24
6.9 Submission, Opening and Evaluation ................................................................................... 27
6.10 Opening of Technical Proposals ........................................................................................... 28
6.11 Proposal Evaluators .............................................................................................................. 28
6.12 Evaluation of Technical Proposals ........................................................................................ 28
6.13. Evaluation of Financial Proposals. Opening of Financial Proposals for QBS. ................. 29

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6.14 Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods)...................... 29
6.15 Correction of Errors .............................................................................................................. 30
7.0 PROCUREMENT OF INDIVIDUAL CONSULTANTS .................................................... 31
8.0 PROCUREMENT OF IT ....................................................................................................... 35
8.1 Preparation of Proposals ....................................................................................................... 36
8.2 Bid Opening .......................................................................................................................... 36
8.3 Bid Evaluation Committee .................................................................................................... 36
8.4 Preliminary Examination of Bids .......................................................................................... 36
8.5 Evaluated Bid Price............................................................................................................... 37
8.6 Technical Bid Score (T): ..................................................................................................... 38
8.7 Evaluated Bid Score (B) ..................................................................................................... 38
8.8 Bid Evaluation Summary Checklist ...................................................................................... 38
9.0. PROJECT IMPLEMENTAITON SUPPORT PERSONNEL ............................................ 40
10. REQUEST FOR QUOTATIONS (RFQs) FOR GOODS AND NON CONSULTING
SERVICES .......................................................................................................................................... 40
11. PROCUREMENT RELATED COMPLAINTS................................................................... 40

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1.0 INTRODUCTION

1.1 Objective of the Manual

This Manual on Procurement is part of the Support to Parcelization of Lands for


Individual Titling (SPLIT) Project Operations Manual as Volume 5. The objective
of this Manual is to provide the SPLIT implementers with instructions and procedures
consistent with the Government of the Philippines’ (GOP) and World Bank’s (WB)
Procurement Guidelines.

1.2 Procurement Principles

The WB Procurement Regulations are guided by the following core procurement principles:
value for money, economy, integrity, fit for purpose, efficiency, transparency and fairness.
a. Value for money (VfM). VfM means the effective, efficient, and economic use of
resources, which requires the evaluation of relevant costs and benefits, along with an
assessment of risks and of non-price attributes and/or life-cycle costs, as appropriate.
Price alone may not necessarily represent VfM.
b. Economy. Taking into account price and quality without adversely affecting the viability
of the project.

c. Integrity.

d. Fit for Purpose.

e. Efficiency. procurement processes are proportional to the value and risks of the required
project outcome, taking into account implementation capacity, time constraints, and cost-
effectiveness.

f. Transparency. Relevant procurement information is made public in a consistent and


timely manner: open reporting of procurement activity; and confidentiality provisions in
contracts only where justified.

g. Fairness. Equal treatment of eligible bidders; equitable distribution of rights and


obligations between borrowers and bidder; and credible mechanisms for addressing
procurement-related complaints.

In supporting the core procurement principles, the Regulations provide many choices for
Borrowers to design the right approach to market.

2.0 PROCUREMENT POLICY

The SPLIT Project is financed by World Bank through IBRD Loan _____ and by
Government of the Philippines (GOP) through the Department of Agrarian Reform
(DAR). The Loan Agreement includes the condition that all procurement activities
within the scope of the Project shall comply entirely with the World Bank Procurement
Regulations for IPF Borrowers and in harmony with the R.A. 9184 rules and regulations.

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2.1. Applicable Procurement Documents

a. Procurement of goods, non-consulting services, and consultants under the Project will be
carried out in accordance with the World Bank’s applicable Procurement Guidelines and
provisions of the Loan Agreement. Contracts eligible for financing under the Loan
Proceeds shall be procured following the Loan Agreement and Procurement Plan which
define the applicable procurement methods, estimated costs, prior review requirements
and time frame. For Contracts purely under the GOP, but are included in the Project
activities, the DAR will adopt the R.A. 9184 procurement guidelines, rules and
procedures.

b. All procurements shall be in accordance with the approved Procurement Plan which will
be updated quarterly or as required to reflect the actual project implementation needs.

c. The implementation of project components and consequently the procurement, award and
administration/management of contracts under the Project shall be done by the respective
operating units at the DAR central, regional and provincial levels with partner agencies.
The procurement process under the Project will abide to the commitment of the
government to promote good governance and adhere to the following guiding principles
of transparency, accountability, efficiency, and economy:

i. Transparency in the procurement process and in the implementation of procurement


contracts;

ii. Extending fair and equal opportunities to all eligible bidders and ensuring fair
grounds for competition where no single bidders influences the outcome of the
process;

iii. Uphold economy and efficiency in the implementation of the Project, including
procurement of goods, services and works by ensuring that project beneficiaries
will obtain optimal benefits through processes that promote value for money;

iv. Simple and streamlined procurement process to ensure that goods, services and
works are delivered/completed in timely and most cost effective manner; and

v. System of accountability where both the public officials directly or indirectly


involved in the procurement process as well as in the implementation of the
procurement contracts and the private parties that deal with the procurement under
the Project are, when warranted by circumstances, investigated and held liable for
their actions.

d. Systematic Tracking of Exchanges in Procurement (STEP)

STEP is the planning and monitoring internet based tool of the World Bank for all IFP
financed procurements. This is a new procurement method where there is real-time and
partial on-line approval of procurement plan which were previously not available. The
actual dates of procurement activities are captured and monitored real-time. STEP
enables auto publication of approved procurement plan, publication notices and contract
award information in the Bank’s external website, UNDB online, World Bank Finances

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App, and World Bank Procurement App Client to enter information of bids evaluated,
records of bidders.

2.2 Threshold for Procurement Approaches and Methods

3.0 INSTITUTIONAL ARRANGEMENTS

3.1 Roles and Responsibilities

a. Role of DAR

i. The DAR, as the implementing agency, is responsible for carrying out procurement
activities financed by the Project in accordance with the WB’s Procurement
Regulations. This includes planning, strategizing, seeking and evaluating
Applications/Quotations/Bids/Proposals, and awarding and managing contracts.
The DAR shall retain all Procurement Documents and records of procurements
financed by the Bank, as required in the Loan Agreement.

ii. The DAR may engage independent Probity Assurance Providers, for this case, the
Commission on Audit (COA), and invite representatives to be present during
different stages of the Procurement Process, including: engagements/discussions
with firms, Bid/Proposal opening, evaluation, negotiations, contract award
decisions, and/or contract execution. Where the Bank requires the Borrower to
appoint a Probity Assurance Provider, the Borrower shall obtain the Bank’s
agreement to the selection and appointment.

b. Role of the World Bank

To ensure that Bank funds are used only for the purposes for which the financing was
granted, the Bank carries out its procurement functions, including implementation
support, monitoring and procurement oversight, under a risk-based approach. For
details see Annex I, Procurement Oversight. Prior and Post Review

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Prior and Post Review

i. The Bank carries out prior reviews of procurement activities that are of high
value and/or high risk to determine whether the procurement is carried out in
accordance with the requirements of the Loan Agreement.

ii. The Bank also carries out post reviews of procurement activities undertaken by
the Borrower to determine whether they comply with the requirements of the
Loan Agreement. The Bank may use a third party such as a supreme audit
institution, acceptable to the Bank, to carry out post reviews. Any such third
party shall carryout the reviews in accordance with the terms of reference (TOR)
provided to it by the Bank.

iii. Whether a procurement is subject to prior or post review is determined on the


basis of the project and contract-specific procurement risks. These risks are
assessed by the Bank during project preparation and reassessed and updated
during project implementation.

iv. The requirement for a prior or post review shall be specified in the Procurement
Plan. During project implementation, the Bank monitors and reassesses the risk
and risk Section III. Governance Section III. Governance 6 World Bank
Procurement Regulations for IPF Borrowers mitigation measures. If necessary
and appropriate, as determined by the Bank, the Bank may require the Borrower
to revise the prior and/or post review requirements in the Procurement Plan.

Bank Goods, IT and Non- Consulting Services Individual Consultants


Review Consulting Services
Prior US$ 1.5Million and above US$0.5 Million and above US$0.2 Million and above
Post Below US$1.5 Million Below US$0.5Million Below US$0.2Million

3.2 Project Organization and Management

a. The DAR will be the lead implementing agency and shall perform overall
administration, planning, control, management and supervision of the project in
accordance with the Project Operations Manual. The Project will hire full time technical
staff and experts to support the LTS manpower at the central, regional, and provincial
levels in the implementation of the project.

b. Following Republic Act No. 9184 also known as the Government Procurement Reform
Act (GPRA), all procurement activities would be carried out by the SPLIT Special Bids
and Awards Committees (BAC) of DAR at the DAR Central, Regional and Provincial
levels. The Head of the Procuring Entity is designated by the DAR Secretary, which is
the default HoPE, unless otherwise there is an assigned HoPE in behalf of Secretary.
DAR Regional Director and DAR PARPOs composed of at least five but not more than
seven members of the BAC of unquestionable integrity and procurement proficiency.
The BAC Chair is at least a third ranking permanent official of the procuring entity
while the regular members must have expertise in procurement, finance, technical skills
relevant to the nature of procurement and representative from the end-user units. The
BACs are supported by regular (administrative) secretariat units and ad-hoc technical
working groups depending on the nature of contracts to be procured. The capacity and

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size of BAC secretariat units depend on the volume of regular procurement of the
procuring entities relative to their annual budgetary allocation. Thus, additional volume
of work and responsibilities brought by the project need to be factored in the project’s
procurement capacity requirements.

c. The DAR created three (3) Special Orders specifically for the implementation of
SPLIT:
b.1 SO No.313 s2020 Organizing SPLIT Project Management Office
b.2 SO No.230 s2020 Creations of Committee for Hiring SPLIT Personnel
b.3 SO No.250s.2020 Creation of Procurement Oversight for SPLIT
b.4 SO No 251s.2020 Creation of BAC for SPLIT

DAR Special Order No. 250 S. 2020


Oversight for Goods Usec. Emily O. Padilla
Undersecretary for Support Services Office
Oversight for Consulting Usec. Virginia N. Orogo
Undersecretary for Policy, Planning and
Research Office

As oversight, they shall supervise all activities, processes, and transactions pertaining to
procurement and attend all meetings, conference and proceedings of BAC, as well as receive
duplicate copies of all documents received or issued by BAC or HoPE and report to the DAR
Secretary in extent of compliance and areas for improvement.

DAR Special Order No. 251 S. 2020 re: Compositions of BAC for SPLIT
Position Goods and Non-Consulting Consulting
Head of Procuring Atty. Lucius Jun-Jun G. Malsi Atty. Luis Meinrado C. Pangulayan
Entity (HoPE) Undersecretary Undersecretary
Finance, Management and Legal Affairs Office
Administrative Office
Chairperson Atty. Marjorie P Ayson Atty. Annabelle M. Oandasan
OIC-Bureau of Agrarian Legal OIC-Board member III, DARAB
Assistance
Members Atty. Rolando Manalaysay Mr. Cupido Gerry C. Asuncion
Exec. Dir., DARAB Sec. Dir. EARS
Atty. Nanette Que Atty. Ma. Celestina M. Manlangit-Tan
Asst. Dir., BALA Regional Director, DARRO 3
Atty. Marvin V. Bernal Ms. Susan B. Serrano
Dir., Legal Service Dir. IV, ARCDS
Mr. Alexander Alimuddin J. Ali Mr. Primo Lara
Dir.- Internal Audit Division (IAD) Dir., Administrative Service
Engr. Joey G. Sumatra PARPO II Ma. Elena Cabanes
OIC-Dir. IV, BLTI DAR Regional Office I
BAC Technical Mr. Romeo Reyes Ms. Lilibeth G. Lee
Working Group OIC-Asst. Dir., BLTI DARRO 4B
Members PARPO II Emmanuel G. Aguinaldo PARPO I Acmad N. Calaca
DARRO 3 OIC Asst. Dir., BARBD
PARPO II James Dubongco PARPO II Isagani G. Placido
DARRO 4A DARRO 4B
PARPO II Merle H. Manalo PAPRO II Saturnino B. Bello
DARRO 4A DARRO 4A
Atty. Rixie M. Maristela Atty. Christine Evangelista

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Position Goods and Non-Consulting Consulting


Atty V, DARRO 4A Atty. IV, BALA
Secretariat
Head Ms. Sonia Ancheta Ms. Garland Leila A. Cuarteros
SUARPO, BLTI OIC-Dir., PRS
Members Mr. Eduardo L. Calbitaza Ms. Agnes B. Mendoza
OIC-CARPO, PRS ARPO II, BALA
Mr. Elizer Balleras
SUAPRO, BLTI
Mr. Florence Sasi
SUARPO, BLTI
Back Staff Ms. Josefina Esguerra Mr. Florante Antiporda Jr.
Sr. Tech Staff III, Procurement Div SAO, GSD
Mr. Dindo Gonzales Ms. Shiela Imperial
Admin Officer V, Procurement Div DLLS, EARS
Ms. Alma Pamittan Ms. Gloria Fernandez
CAO, Records Mngt Div. TSS IV, Procurement Div.
Ms. Marie Louie Cabantac Ms. Joyce S. Rocamora
Stat II, Procurement Div TSS IV, Procurement Div.

For the Engagement of Consultants, there is a Special Order No. 230 S. 2020 constituting the
committee for the hiring of personnel for the SPLIT Project, named as follows:
Chairperson Mr. Ubaldo Sadiarin
Asst. Secretary, Foreign Assisted and Special Projects Office

Members 1. Dir. Primo Lara


2. Dir. Marjorie Ayson
3. Dir. Joey Sumatra
4. Dir. Aurita-Carlos-Ang
5. Dir. Cupido Gerry Asuncion
6. Dir. Marvin Bernal

d. For the threshold, General Memorandum Order. To facilitate implementation


procedures and expedite procurements, the DAR will refer to the existing General
Memorandum Order No. 1 Series of 2017 delegating the signing authorities on financial
matters. The GMO provides for the signing authorities per threshold of transaction
amount. Please refer to ANNEX 11.
e. Moreover, DAR would be the main implementing agency that would be responsible for
achieving the projects development objective. At the DAR National Level, a Central
Project Management Office (CPMO) will be established for implementation of the
project. The CPMO will be under direct administrative and supervision of the DAR.
The CPMO is tasked to provide overall coordination and guidance, and initiate and lead
procurement activities, among others. The CPMO will provide supervision and
implementation support to the various DAR- SPLIT Special BAC Ad hoc Committees
for the items to be procured for the project.
The CPMO will appoint/designate a Procurement Specialist who will be in-charge of
overseeing and coordinating all the procurement works of the Project. The Procurement
Specialist will be assisted by Procurement Officers. These procurement officers will
be designated/hired for the Project. Specifically, the Procurement Specialists will:

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• Be primarily responsible for the procurement functions;


• Prepare consolidated procurement plans based on the procurement plans prepared by
the PPMOs, RPMOs, CPMO and implementing agencies;
• Monitor implementation to ensure compliance with the Procurement Manual; Report
procurement progress monthly and prepare annual consolidated procurement plan;
• Support and advise in the planning and implementing of procurement in PPMOs,
RPMOs, and CPMO; and,
• Liaise with the Bank, oversight agencies and implementing agencies relative to the
Procurement of SPLIT sub-projects;
• Prepare communication reports on the COA Audit Observation Memorandum
regarding SPLIT procurements.

e. The functions of Procurement Officers are as follows:


• Ensure that the relevant technical specialists prepare the key elements of terms of
reference for consulting services and training to be procured;
• Ensure that the relevant technical specialists prepare technical specifications for goods
and surveys to be procured;
• Participate in the evaluation committees, working in compliance with the applicable
procurement guidelines;
• Prepare bidding documents in collaboration with technical specialists;
• Prepare updated Procurement Plans in collaboration with the Project Manager and
Heads of Components 1, 2 and 3;
• Provide technical support to DAR RPMOs and PPMOs who will execute the
procurement contracts on behalf of the Project;
• Liaise with the Senior Procurement Officer on procurement planning and
implementation; and,
• Ensure compliance with relevant procurement procedures and guidelines.

f. At the Regional Office, the Regional Project Office (RPO) will appoint/designate a
Regional Procurement Officer to oversee and coordinate procurement activities
delegated at the Regional Office.

g. DAR-CPO, RPO, PPO representatives shall be included as non-voting members of the


BAC at their respective levels as end-users.

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3.3 SPLIT Procurement Process and Flowchart adopting STEP


For Procurements Requiring Prior Approval

DAR SPLIT to prepare:


1. Procurement Plan
2. Support Documents BAC Submission of
Start
TOR for Consultant Notation / Proc Plan on WB
Specs for Goods Minutes of STEP online
3. Bid Document Meeting
4. Evaluation Criteria

NOL 1
WB
Eval

NOL 3 Submission of NOL 2


yes
WB Procurement Notice in WB NOL yes
Eval STEP Eval
Submission of Draft Bid
NOL Documents in STEP
NOL

yes

Posting/ Proposal
DAR Opening DAR Preparation of Bid
Publication on Submission/DAR
of Bids / Evaluation Report /
STEP / Acceptance of
Minutes Submission in STEP
PhilGEPs/DAR Proposals /
Website Minutes

1. Bid Evaluation Report


2. Abstract of Bid
3. Resolutions
3. Minutes of Meetings

yes

NOL 5 NOL 4

Finalization of Award / WB
WB Eval
Eval Submission on STEP
yes
NOL
NOL

Notification of Intent to Contract Signing


Award STEP and DAR

Standstill
period

Publication of Contract
Award

STEP, PhilGEP/DAR Web

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4.0 PROCUREMENT PLANNING

4.1. Pre-Implementation Procurement Options

a. Advance Contracting (Optional)

Further, to enable the timely implementation, the DAR also considers the commencement
of procurement procedures and activities prior to loan effectiveness. To expedite
implementation, and considering procurement usually takes three months, the DAR
intends to undertake advance contracting procurement of the following: (a) selected
project officers for the Central Project Office (CPO); (2) procurement of goods, and, (3)
Conduct of Baseline study. In any such case, and to be eligible for BANK IPF, the DAR
will adhere to the WB Procurement Guideline and shall be consistent with Sections I, II
and III of these Procurement Regulations.

4.2 Procurement Plan Preparation

A Procurement Plan for the first eighteen months of the project will be developed and
agreed between the Bank and DAR as part of the project preparation activities. The
Procurement Plan contains in addition to the basis of procurement and package details
the timeframe and cost estimate for implementation and details of all procurement to be
performed.

The Procurement Plan will be updated at least annually or as required to reflect the actual
project implementation needs and improvements in institutional capacities. The updated
Procurement Plan will be based and clearly linked to the annual program of activities.
The RPOs and PPOs will develop Procurement Plans and forward these to the CPO for
consolidation into a project Procurement Plan for the respective period. Responsibility
for the regular updates of the Procurement Plan rests with the CPO, who will regularly
and proactively consult with CPO staff and the PM. The Senior Procurement Officer in
the CPO will monitor overall progress with the implementation of procurement activities.
Updates to the Procurement Plan need to be submitted to the World Bank (IDA) for its
concurrence/no objection.

4.3 Procurement Tracking Tool

The DAR shall use the Bank’s online procurement planning and tracking tools
(Systematic Tracking of Exchanges in Procurement or STEP) to record all procurement
actions under IPF operations, including preparing, updating and clearing its Procurement
Plan, and seeking and receiving the Bank’s review and No-objection to procurement
actions as required.

4.4 Notification to GPPB (DAR Option)

To comply with the Commission on Audit (COA) requirements, the DAR will notify the
Government Procurement Policy Board (GPPB) and inform them of these procurements
and for posting at the PhilGEPs.

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4.5 Preparation of Bidding Documents

The Terms of References (TORs) for the engagement of consultants and specifications
for the equipment and other goods will be prepared by the CPMOs in consultations with
RPMOs and PPMOs, with other Implementing Agencies like the Land Registration
Authority (LRA) and Department of Environment and Natural Resources (DENR) to
define items to be procured. The relevant Central/Regional/Provincial BACs will manage
the preparation of bid invitation documents and contract documents and ensure that all
bidding documents are in accordance with the WB Procurement Regulations. The BAC
will ensure that the documents comply with the Project Procurement Manual and the
approved Procurement Plan.

4.6 Standard Procurement Documents

For competitive procurement, the DAR shall use the Bank’s Standard Procurement
Documents (SPDs), available on its external website at
www.worldbank.org/procurement/standarddocuments.

For Procurement involving national competitive procurement, the DAR will adopt the
prescribed R.A. 9184 Forms.

5.0 PROCUREMENT OF GOODS AND NON-CONSULTING SERVICES

5.1 Scope and Procuring Entity

Goods to be procured under this Project would include vehicles, office equipment,
information technology, survey equipment, communication equipment, software and
other goods to support the operations of the Project. The procurement would be done
using the Bank’s Standard Procurement Documents for RFB – International Market, if
any, estimated to cost the equivalent of US$3.0 million or more. Contracts estimated to
cost less than US$3.0 million would be procured following RFB – National Market, using
the Bank’s Procurement Regulations. The Request for Quotation (RFQ will also be used
for small and off-the-shelf items for contracts estimated to cost the equivalent of
US$100,000 and below. Direct Selection may also be used in exceptional circumstances
and with appropriate justification following Section 3.5 of the Procurement Regulations.
These required goods will be indicated in the annual supply and equipment procurement
program to be incorporated in the annual procurement plan.

Land survey procurement shall be classified under the Goods and Non-consulting
Services. Procurement of contracts for surveys shall be undertaken by DAR Regional
and/or Provincial Project Management Office for Component 1 (Parcelization of
Collective CLOAs) depending on the amount of contract/ signing authority of DAR
Provincial/Regional Project Manager. The procurement documents shall be the WB
forms for goods and non-consulting services applying the Request for Bids (RFB) or
Request for Quotations (RFQ) depending on the package amount. RFQ may be used for
small contracts estimated to cost the equivalent of PhP5 million (US$100,000.00) or less.

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5.2 Procurement Procedures

1. Procurement Methods for Goods and Non-Consulting Services

For goods under the national competitive bidding, the WB’s procurement procedures will
be used. These procurement procedures are found to be consistent with the Bank’s Core
Procurement Principles.

WB has prepared a Standard Bid Evaluation Form as well as Standard Procurement


Documents for Goods and Non-consulting Service as guide for the procurement for goods
or works.

a. Prior Review and STEP

For procurements that have been determined to be subject to prior review, the General
Procurement Notice and Special Procurement Notice, as appropriate, shall be submitted
by the DAR for the Bank’s prior review and no objection.

The DAR shall also adhere to the STEP, as the Bank’s procurement planning and tracking
tool.

b. Request for Bid

The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly
showing the Bidder’s complete name and business address. Please refer to the Standard
Procurement Form – Specific Procurement Notice Template, Request for Bids – Goods,
(One-Envelope Bidding Process) pp.10.

c. Preparation and Issuance of Bidding Documents.

The DAR shall prepare and issue the bidding documents in accordance with the WB’s
Standard Procurement Documents for Goods. As stated in item 9.1 of Instruction to
Bidders, the Bidder shall bear all costs associated with the preparation and submission of
its Bid, and the Purchaser shall not be responsible or liable for those costs, regardless of
the conduct or outcome of the Bidding process. (Item 11.1 – 11.3 of Guide for Goods)

1. The Bid shall comprise the following:

(a) Letter of Bid prepared in accordance with ITB 12;


(b) Price Schedules: completed in accordance with ITB 12 and ITB 14;
(c) Bid Security or Bid-Securing Declaration, in accordance with ITB 19.1;
(d) Alternative Bid: if permissible, in accordance with ITB 13;
(e) Authorization: written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 20.3;
(f) Qualifications: documentary evidence in accordance with ITB 17 establishing
the Bidder’s qualifications to perform the Contract if its Bid is accepted;
(g) Bidder’s Eligibility: documentary evidence in accordance with ITB 17
establishing the Bidder’s eligibility to bid;

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(h) Eligibility of Goods and Related Services: documentary evidence in accordance


with ITB 16, establishing the eligibility of the Goods and Related Services to
be supplied by the Bidder;
(i) Conformity: documentary evidence in accordance with ITB 16 and 30, that the
Goods and Related Services conform to the bidding document; and
(j) any other document required in the BDS.

2. Additional requirements

In addition to the requirements under ITB 11.1, Bids submitted by a JV shall


include a copy of the Joint Venture Agreement entered into by all members.
Alternatively, a letter of intent to execute a Joint Venture Agreement in the
event of a successful Bid shall be signed by all members and submitted with the
Bid, together with a copy of the proposed Agreement.

3. Letter of Bid

The Bidder shall furnish in the Letter of Bid information on commissions and
gratuities, if any, paid or to be paid to agents or any other party relating to this
Bid.

d. Opening of Envelopes and Evaluation of Eligibility of Bids

1. Deadline

Bids must be received by the Purchaser at the address and no later than the date
and time specified in the BDS.

2. Submission

The Bidder shall deliver the Bid in a single, sealed envelope (one-envelope
Bidding process). Within the single envelope the Bidder shall place the
following separate, sealed envelopes:

(a) in an envelope marked “ORIGINAL”, all documents comprising the Bid, as


described in ITB 11; and
(b) in an envelope marked “COPIES”, all required copies of the Bid; and,

The inner and outer envelopes, shall:

(a) bear the name and address of the Bidder;


(b) be addressed to the Purchaser in accordance with ITB 22.1;
(c) bear the specific identification of this Bidding process indicated in ITB 1.1; and
(d) bear a warning not to open before the time and date for Bid opening.

3. Sealed envelope

If all envelopes are not sealed and marked as required, the Purchaser will
assume no responsibility for the misplacement or premature opening of the Bid.

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4. Bid Opening

Except as in the cases specified in ITB 23 and ITB 24.2, the Purchaser shall, at
the Bid opening, publicly open and read out all Bids received by the deadline at
the date, time and place specified in the BDS in the presence of Bidders’
designated representatives and anyone who chooses to attend Any specific
electronic Bid opening procedures required if electronic bidding is permitted in
accordance with ITB 22.1, shall be as specified in the BDS.

5. Clarification of Bids

The Purchaser’s request for clarification and the response shall be in writing.
No change, including any voluntary increase or decrease, in the prices or
substance of the Bid shall be sought, offered, or permitted, except to confirm
the correction of arithmetic errors discovered by the Purchaser in the Evaluation
of the Bids, in accordance with ITB 31.

e. Evaluation of Bids

1. Bid Evaluator.

The purpose of bid evaluation is to determine the lowest evaluated cost.

1) Establishing the correct calculated prices of the bids, through a detailed


evaluation of the financial component of the bids; and,
2) Ranking of the total bid prices as so calculated from the lowest to the
highest. The bid with the lowest price shall be identified as the Most
Responsive Bid.

2. Evaluation process

The entire evaluation process for the bids for the procurement of goods must be
completed in not more than seven (7) calendar days from the deadline for receipt
of proposals. However, the BAC should exert effort to complete the Bid
Evaluation even before the lapse of the 15-day period, as this will expedite the
procurement process.

The following must participate in the bid evaluation process:

1) The BAC;
2) The TWG;
3) The BAC Secretariat/Procurement Unit; and,
4) The Observers. Observers shall comprise of COA and/or NGO
representatives.

3. Detailed Examination of Bids.

Only those bids surviving preliminary examination need to be examined in this


phase.

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3.1 Corrections for Errors


3.2 Corrections for Provisional Sums
3.3 Modifications and Discounts
3.4 Evaluation Currency
3.5 Additions
3.6 Adjustments
3.7 Priced Deviations

4. Confidentiality

4.1. Information relating to the evaluation of Bids and recommendation of


contract award, shall not be disclosed to Bidders or any other persons
not officially concerned with the Bidding process until the information
on Intention to Award the Contract is transmitted to all Bidders in
accordance with ITB 40.
4.2. Any effort by a Bidder to influence the Purchaser in the evaluation or
contract award decisions may result in the rejection of its Bid.
4.3. Notwithstanding ITB 26.2, from the time of Bid opening to the time of
Contract Award, if any Bidder wishes to contact the Purchaser on any
matter related to the Bidding process, it should do so in writing.

5. Determination of Responsiveness

5.1. The Purchaser’s determination of a Bid’s responsiveness is to be based


on the contents of the Bid itself, as defined in ITB 11.
5.2. A substantially responsive Bid is one that meets the requirements of the
bidding document without material deviation, reservation, or omission.

6. Evaluation of Bids

6.1. The Purchaser shall use the criteria and methodologies listed in this ITB
and Section III, Evaluation and Qualification criteria. No other
evaluation criteria or methodologies shall be permitted. By applying the
criteria and methodologies, the Purchaser shall determine the Most
Advantageous Bid

7. Comparison of Bids

The Purchaser shall compare the evaluated costs of all substantially responsive
Bids established in accordance with ITB 34.2 to determine the Bid that has the
lowest evaluated cost.

8. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids

The Purchaser reserves the right to accept or reject any Bid, and to annul the
Bidding process and reject all Bids at any time prior to Contract Award, without
thereby incurring any liability to Bidders. In case of annulment, all Bids
submitted and specifically, bid securities, shall be promptly returned to the
Bidders.

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9. Post-Qualification.

Post qualification is a stage where the bidder with Lowest Calculated Bid, as
the case for Goods and Non-Consulting Services, undergoes verification and
validation whether he has passed all the requirements and conditions. If the
bidder passes all criteria, he shall be declared as Most Advantageous Bid.

10. Notification of Intention to Award

Upon declaration of the DAR BAC that the bidder is the Most Responsive Bid,
the DAR shall post it is website, and publish a description of the contract, the
name and nationality of the contract awardee, and the contract price.

10.1 The Purchaser shall send to each Bidder the Notification of Intention to
Award the Contract to the successful Bidder. Unsuccessful bidders are
allowed under the Guidelines (Appendix 4, para. 15) to seek a debriefing
with the Borrower, and, additionally, with the Bank.

11. Award of Contract

Subject to ITB 38, the Purchaser shall award the Contract to the Bidder offering
the Most Advantageous Bid. The Most Advantageous Bid is the Bid of the
Bidder that meets the qualification criteria and whose Bid has been determined
to be:

(a) substantially responsive to the bidding document; and


(b) the lowest evaluated cost.

12. Notice of Award of Contract

Prior to the expiration of the Bid Validity Period and upon expiry of the
Standstill Period, specified in ITB 39.1 or any extension thereof, and upon
satisfactorily addressing any complaint that has been filed within the Standstill
Period, the Purchaser shall notify the successful Bidder, in writing, that its Bid
has been accepted. The notification of award (hereinafter and in the Contract
Forms called the “Letter of Acceptance”) shall specify the sum that the
Purchaser will pay the Supplier in consideration of the execution of the Contract
(hereinafter and in the Conditions of Contract and Contract Forms called “the
Contract Price”).

Within ten (10) Business Days after the date of transmission of the Letter of
Acceptance, the Purchaser shall publish the Contract Award Notice.

13. Signing of Contract and Issuance of Notice to Proceed

The Purchaser shall send to the successful Bidder the Letter of Acceptance
including the Contract Agreement, and, if specified in the BDS, a request to
submit the Beneficial Ownership Disclosure Form providing additional
information on its beneficial ownership. The Beneficial Ownership Disclosure

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Form, if so requested, shall be submitted within eight (8) Business Days of


receiving this request.

The successful Bidder shall sign, date and return to the Purchaser, the Contract
Agreement within twenty-eight (28) days of its receipt.

6.0 PROCUREMENT FOR CONSULTING SERVICES (FIRMS)

6.1 Request for Proposal

For procurements under the Request for Proposal (RFP), the DAR shall always refer to the WB
prescribed Standard Procurement Document (SPD) for Consulting for the Applicable Forms
and to the prescribed Evaluation Report Forms for Consulting in the preparation of evaluation
reports to be submitted to the Bank.
These are procurement procedures for the baseline survey, mid-term report, document
management system, training needs assessment, policy reviews, monitoring and framework
plans, among others.

6.2 Issuance of Request for Proposal

a. Issuance of Requests for Proposals (RFPs). The DAR SPLIT shall invite
Consultants through issuance of Request for Proposal (RFP) through letters and
through posting in the DAR website in accordance with the method of selection
specified in the Data Sheet.
b. The shortlisted Consultants are invited to submit a Technical Proposal and a
Financial Proposal, or a Technical Proposal only, as specified in the Data Sheet,
for consulting services required for the assignment named in the Data Sheet.
The Proposal will be the basis for negotiating and ultimately signing the
Contract with the selected Consultant.
c. The Consultants should familiarize themselves with the local conditions and
take them into account in preparing their Proposals, including attending a pre-
proposal conference if one is specified in the Data Sheet. Attending any such
pre-proposal conference is optional and is at the Consultants’ expense.

6.3 Conflict of Interest

a. The Consultant is required to provide professional, objective, and impartial


advice, at all times holding the Client’s interests paramount, strictly avoiding
conflicts with other assignments or its own corporate interests, and acting
without any consideration for future work.
b. The Consultant has an obligation to disclose to the Client any situation of actual
or potential conflict that impacts its capacity to serve the best interest of its
Client. Failure to disclose such situations may lead to the disqualification of the
Consultant or the termination of its Contract and/or sanctions by the Bank. (Item
3.2.1 of the ITB).

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6.4 Unfair Competitive Advantage

Fairness and transparency in the selection process require that the Consultants or their
Affiliates competing for a specific assignment do not derive a competitive advantage
from having provided consulting services related to the assignment in question. To that
end, the Client shall indicate in the Data Sheet and make available to all shortlisted
Consultants together with this RFP all information that would in that respect give such
Consultant any unfair competitive advantage over competing Consultants.

6.5 Eligibility

a. The Bank permits consultants (individuals and firms, including Joint Ventures
and their individual members) from all countries to offer consulting services for
Bank-financed projects.

b. Furthermore, it is the Consultant’s responsibility to ensure that its Experts, joint


venture members, Sub-consultants, agents (declared or not), sub-contractors,
service providers, suppliers and/or their employees meet the eligibility
requirements as established by the Bank in the applicable Procurement
Regulations.

6.6 Sanctions

A Consultant that has been sanctioned by the Bank, pursuant to the Bank’s Anti-
Corruption Guidelines and in accordance with its prevailing sanctions policies and
procedures as set forth in the WBG’s Sanctions Framework as described in Section VI,
Fraud and Corruption, paragraph 2.2 d., shall be ineligible to be shortlisted for SPLIT
Project.

6.7 Preparation of Proposals

a. General Considerations

In preparing the Proposal, the Consultant is expected to examine the RFP in detail.
Material deficiencies in providing the information requested in the RFP may result in
rejection of the Proposal.

b. Documents Comprising the Proposal

(i)_ The Proposal shall comprise the documents and forms listed in the Data Sheet.
(ii) If specified in the Data Sheet, the Consultant shall include a statement of an
undertaking of the Consultant to observe, in competing for and executing a
contract, the Client country’s laws against fraud and corruption (including
bribery).
(iii) The Consultant shall furnish information on commissions, gratuities, and fees,
if any, paid or to be paid to agents or any other party relating to this Proposal
and, if awarded, Contract execution, as requested in the Financial Proposal
submission form (Section 4).

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c. Joint Venture

The Consultant (including the individual members of any Joint Venture) shall submit
only one Proposal, either in its own name or as part of a Joint Venture in another Proposal.

d. Substitution of Key Experts at Validity Extension

If any of the Key Experts become unavailable for the extended validity period, the
Consultant shall seek to substitute another Key Expert. The Consultant shall provide a
written adequate justification and evidence satisfactory to the Client together with the
substitution request. In such case, a substitute Key Expert shall have equal or better
qualifications and experience than those of the originally proposed Key Expert. The
technical evaluation score, however, will remain to be based on the evaluation of the CV
of the original Key Expert.

e. Clarification and Amendment of RFP

The Consultant may request a clarification of any part of the RFP during the period
indicated in the Data Sheet before the Proposals’ submission deadline. Any request for
clarification must be sent in writing, or by standard electronic means, to the Client’s
address indicated in the Data Sheet. The Client will respond in writing, or by standard
electronic means, and will send written copies of the response (including an explanation
of the query but without identifying its source) to all shortlisted Consultants.

f. Technical Proposal Format and Content

The Technical Proposal shall be prepared using the Standard Forms provided in Section
3 of the RFP and shall comprise the documents listed in the Data Sheet. The Technical
Proposal shall not include any financial information. A Technical Proposal containing
material financial information shall be declared non-responsive.

Consultant shall not propose alternative Key Experts. Only one CV shall be submitted
for each Key Expert position. Failure to comply with this requirement will make the
Proposal non-responsive.

Depending on the nature of the assignment, the Consultant is required to submit a Full
Technical Proposal (FTP), or a Simplified Technical Proposal (STP) as indicated in the
Data Sheet and using the Standard Forms provided in Section 3 of the RFP.

6.8 Contents of Proposals (RFPs)

a. Contents of Request for Proposal (RFP). The RFP will include the following
documents:

Section 1 – Request for Proposals Letter


Section 2 - Instructions to Consultants and Data Sheet
Section 3 - Technical Proposal ([select: FTP or STP]) - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 – Eligible Countries

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Section 6 – Fraud and Corruption


Section 7 - Terms of Reference
Section 8 - Standard Forms of Contract ([select: Time-Based or Lump-Sum])

(i) Submission can be done by mail or hand carried before the set date and time
deadline.

(ii) An authorized representative of the Consultant shall sign the original


submission letters. The authorization shall be in the form of a written power
of attorney attached to the Technical Proposal.

(iii)A Proposal submitted by a Joint Venture shall be signed by all members so as


to be legally binding on all members, or by an authorized representative who
has a written power of attorney signed by each member’s authorized
representative.

(iv) Any modifications, revisions, interlineations, erasures, or overwriting shall be


valid only if they are signed or initialed by the person signing the Proposal.

(v) The original Technical and Financial Proposals shall be placed in separate
envelopes.

b. From the time the Proposals are opened to the time the Contract is awarded, the
Consultant should not contact the Client. Any attempt by shortlisted
Consultants or anyone on behalf of the Consultant to influence improperly the
Client in the evaluation of the Proposals or Contract award decisions may result
in the rejection of its Proposal.

c. Standard Forms for be submitted for FULL TECHNICAL PROPOSAL (FTP):

1st Inner Envelope with the Technical Proposal:


(1) Power of Attorney to sign the Proposal
(2) TECH-1
(3) TECH-2
(4) TECH-3
(5) TECH-4
(6) TECH-5
(7) TECH-6
(8) TECH-7 Code of Conduct (ESHS) [Note to Client: include this for
supervision of civil works contracts: The Consultant shall submit the Code of
Conduct that will apply to the Consultant’s Key Experts and Non-Key Experts, to
ensure compliance with good Environmental, Social, Health and Safety (ESHS)
practice. In addition, the Consultant shall submit an outline of how this Code of
Conduct will be implemented. The successful Consultant shall be required to
implement the agreed Code of Conduct upon contract award.

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2nd Inner Envelope with the Financial Proposal (if applicable):


(1) FIN-1
(2) FIN-2
(3) FIN-3
(4) FIN-4
(5) Statement of Undertaking (if required under Data Sheet 10.2 below)

d. Financial Proposal

The Financial Proposal shall be prepared using the Standard Forms provided in Section
4 of the RFP. It shall list all costs associated with the assignment, including (a)
remuneration for Key Experts and Non-Key Experts, (b) reimbursable expenses indicated
in the Data Sheet.

6.9 Submission, Opening and Evaluation

a. Submission, Sealing, and Marking of Proposals


(i) The Consultant shall submit a signed and complete Proposal comprising the
documents and forms in accordance with ITC 10 (Documents Comprising
Proposal). Consultants shall mark as “CONFIDENTIAL” information in their
Proposals which is confidential to their business. This may include proprietary
information, trade secrets or commercial or financially sensitive information.
The submission can be done by mail or by hand. If specified in the Data Sheet,
the Consultant has the option of submitting its Proposals electronically.
(ii) An authorized representative of the Consultant shall sign the original
submission letters in the required format for both the Technical Proposal and, if
applicable, the Financial Proposal and shall initial all pages of both. The
authorization shall be in the form of a written power of attorney attached to the
Technical Proposal.
(iii) A Proposal submitted by a Joint Venture shall be signed by all members so as
to be legally binding on all members, or by an authorized representative who
has a written power of attorney signed by each member’s authorized
representative.
(iv) Any modifications, revisions, interlineations, erasures, or overwriting shall be
valid only if they are signed or initialed by the person signing the Proposal.
(v) The signed Proposal shall be marked “ORIGINAL”, and its copies marked
“COPY” as appropriate. The number of copies is indicated in the Data Sheet.
All copies shall be made from the signed original. If there are discrepancies
between the original and the copies, the original shall prevail.
(vi) The original and all the copies of the Technical Proposal shall be placed inside
a sealed envelope clearly marked “TECHNICAL PROPOSAL”, “[Name of the
Assignment]“, [reference number], [name and address of the Consultant], and
with a warning “DO NOT OPEN UNTIL [INSERT THE DATE AND THE
TIME OF THE TECHNICAL PROPOSAL SUBMISSION DEADLINE].”
(vii) Similarly, the original Financial Proposal (if required for the applicable
selection method) and its copies shall be placed inside of a separate sealed
envelope clearly marked “FINANCIAL PROPOSAL” “[Name of the
Assignment]“, [reference number], [name and address of the Consultant], and
with a warning “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.”

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(viii) The sealed envelopes containing the Technical and Financial Proposals shall be
placed into one outer envelope and sealed. This outer envelope shall be
addressed to the Client and bear the submission address, RFP reference number,
the name of the assignment, the Consultant’s name and the address, and shall
be clearly marked “Do Not Open Before [insert the time and date of the
submission deadline indicated in the Data Sheet]”.
(ix) If the envelopes and packages with the Proposal are not sealed and marked as
required, the Client will assume no responsibility for the misplacement, loss, or
premature opening of the Proposal.
(x) The Proposal or its modifications must be sent to the address indicated in the
Data Sheet and received by the Client no later than the deadline indicated in the
Data Sheet, or any extension to this deadline. Any Proposal or its modification
received by the Client after the deadline shall be declared late and rejected, and
promptly returned unopened.

6.10 Opening of Technical Proposals

a. The Client’s evaluation committee shall conduct the opening of the Technical
Proposals in the presence of the shortlisted Consultants’ authorized
representatives who choose to attend (in person, or online if this option is
offered in the Data Sheet). The opening date, time and the address are stated in
the Data Sheet. The envelopes with the Financial Proposal shall remain sealed
and shall be securely stored with a reputable public auditor or independent
authority until they are opened in accordance with ITC 23.

b. At the opening of the Technical Proposals the following shall be read out: (i)
the name and the country of the Consultant or, in case of a Joint Venture, the
name of the Joint Venture, the name of the lead member and the names and the
countries of all members; (ii) the presence or absence of a duly sealed envelope
with the Financial Proposal; (iii) any modifications to the Proposal submitted
prior to proposal submission deadline; and (iv) any other information deemed
appropriate or as indicated in the Data Sheet.

6.11 Proposal Evaluators

a. Subject to provision of ITC 15.1, the evaluators of the Technical Proposals shall
have no access to the Financial Proposals until the technical evaluation is
concluded and the Bank issues its “no objection”, if applicable.

b. The Consultant is not permitted to alter or modify its Proposal in any way after
the proposal submission deadline except as permitted under ITC 12.7. While
evaluating the Proposals, the Client will conduct the evaluation solely on the
basis of the submitted Technical and Financial Proposals.

6.12 Evaluation of Technical Proposals

The Client’s evaluation committee shall evaluate the Technical Proposals on the basis of
their responsiveness to the Terms of Reference and the RFP, applying the evaluation
criteria, sub-criteria, and point system specified in the Data Sheet. Each responsive

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Proposal will be given a technical score. A Proposal shall be rejected at this stage if it
does not respond to important aspects of the RFP or if it fails to achieve the minimum
technical score indicated in the Data Sheet.

6.13. Evaluation of Financial Proposals. Opening of Financial Proposals for QBS.

If Financial Proposals were invited together with the Technical Proposals, only the
Financial Proposal of the technically top-ranked Consultant is opened by the Client’s
evaluation committee. All other Financial Proposals are returned unopened after the
Contract negotiations are successfully concluded and the Contract is signed.

6.14 Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods)

After the technical evaluation is completed and the Bank has issued its no objection (if
applicable), the Client shall notify those Consultants whose Proposals were considered
non-responsive to the RFP and TOR or did not meet the minimum qualifying technical
score, advising them the following:

(i) their Proposal was not responsive to the RFP and TOR or did not meet the
minimum qualifying technical score;
(ii) provide information relating to the Consultant’s overall technical score, as well
as scores obtained for each criterion and sub-criterion;
(iii) their Financial Proposals will be returned unopened after completing the
selection process and Contract signing; and
(iv) notify them of the date, time and location of the public opening of the Financial
Proposals and invite them to attend.

a. The Client shall simultaneously notify in writing those Consultants whose


Proposals were considered responsive to the RFP and TOR, and that have
achieved the minimum qualifying technical score, advising them the following:

(i) their Proposal was responsive to the RFP and TOR and met the minimum
qualifying technical score;
(ii) provide information relating to the Consultant’s overall technical score, as well
as scores obtained for each criterion and sub-criterion;
(iii) their Financial Proposal will be opened at the public opening of Financial
Proposals; and
(iv) notify them of the date, time and location of the public opening and invite them
for the opening of the Financial Proposals.

b. The opening date should allow the Consultants sufficient time to make
arrangements for attending the opening and shall be no less than seven (7)
Business Days from the date of notification of the results of the technical
evaluation, described in ITC 23.1 and 23.2.

c. The Consultant’s attendance at the opening of the Financial Proposals (in person,
or online if such option is indicated in the Data Sheet) is optional and is at the
Consultant’s choice.

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d. The Financial Proposals shall be opened publicly by the Client’s evaluation


committee in the presence of the representatives of the Consultants and anyone
else who chooses to attend. Any interested party who wishes to attend this public
opening should contact the client as indicated in the Data Sheet. Alternatively, a
notice of the public opening of Financial Proposals may be published on the
Client’s website, if available. At the opening, the names of the Consultants, and
the overall technical scores, including the break-down by criterion, shall be read
aloud. The Financial Proposals will then be inspected to confirm that they have
remained sealed and unopened. These Financial Proposals shall be then opened,
and the total prices read aloud and recorded. Copies of the record shall be sent to
all Consultants who submitted Proposals and to the Bank.

6.15 Correction of Errors

Activities and items described in the Technical Proposal but not priced in the Financial
Proposal, shall be assumed to be included in the prices of other activities or items, and no
corrections are made to the Financial Proposal.

6.16 Negotiations and Award

a. The negotiations will be held at the date and address indicated in the Data Sheet
with the Consultant’s representative(s) who must have written power of attorney
to negotiate and sign a Contract on behalf of the Consultant.

b. The Client shall prepare minutes of negotiations that are signed by the Client
and the Consultant’s authorized representative.

6.17 Conclusion of Negotiations

a. The negotiations are concluded with a review of the finalized draft Contract,
which then shall be initialed by the Client and the Consultant’s authorized
representative.

b. If the negotiations fail, the Client shall inform the Consultant in writing of all
pending issues and disagreements and provide a final opportunity to the
Consultant to respond. If disagreement persists, the Client shall terminate the
negotiations informing the Consultant of the reasons for doing so. After having
obtained the Bank’s no objection, the Client will invite the next-ranked Consultant
to negotiate a Contract. Once the Client commences negotiations with the next-
ranked Consultant, the Client shall not reopen the earlier negotiations.

6.18 Standstill Period

The Contract shall not be awarded earlier than the expiry of the Standstill Period. The
Standstill Period shall be ten (10) Business/Working Days unless extended in accordance
with ITC 33. The Standstill Period commences the day after the date the DAR transmits
to each Consultant (that has not already been notified that it has been unsuccessful) the
Notification of Intention to Award the Contract.

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6.19 Notification of Intention to Award

The Client shall send to each Consultant (that has not already been notified that it has
been unsuccessful) the Notification of Intention to Award the Contract to the successful
Consultant.

6.20 Notification of Award

a. Upon expiry of the Standstill Period, specified in ITC 30.1 or any extension
thereof, and upon satisfactorily addressing any complaint that has been filed
within the Standstill Period, the Client shall, send a notification of award to the
successful Consultant, confirming the Client’s intention to award the Contract to
the successful Consultant and requesting the successful Consultant to sign and
return the draft negotiated Contract within eight (8) Business Days from the date
of receipt of such notification.

b. The Contract Award Notice shall be published on the Client’s website with free
access if available, or in at least one newspaper of national circulation in the
Client’s Country, or in the official gazette. The Client shall also publish the
contract award notice in UNDB online.

6.21 Debriefing by the Client

a. On receipt of the Client’s Notification of Intention to Award referred to in ITC


31.1, an unsuccessful Consultant has three (3) Business Days to make a written
request to the Client for a debriefing. The Client shall provide a debriefing to all
unsuccessful Consultants whose request is received within this deadline.

b. Where a request for debriefing is received within the deadline, the Client shall
provide a debriefing within five (5) Business Days, unless the Client decides, for
justifiable reasons, to provide the debriefing outside this timeframe. In that case,
the standstill period shall automatically be extended until five (5) Business Days
after such debriefing is provided.

6.22 Signing of Contract

The Contract shall be signed prior to the expiration of the Proposal Validity Period and
promptly after expiry of the Standstill Period.

7.0 PROCUREMENT OF INDIVIDUAL CONSULTANTS

7.1 Individual Consultants are selected for the following assignments:

(i) a team of experts is not required;


(ii) no additional home office professional support is required; and
(iii) the experience and qualifications of the individual are of paramount
requirement.

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7.2. Limited Competitive Selection of Individual Consultants

Considering the DAR’s extensive experience in implementing ODA projects, and


association with experienced and qualified individuals and their availability, instead of
issuing a (Request for Expression of Interest) REoI, it may invite those individual
Consultants that it deems qualified to provide the required Consulting Services. The
complete TOR shall be sent with the invitation. Individual Consultants shall be selected
from those that expressed interest in response to the invitation.

7.3 Direct Selection of Individual Consultants

Individual Consultants may be selected on direct selection basis, with due justifications,
under the following circumstances:

(i) tasks that are a continuation of previous work that the individual Consultant
has carried out after being selected competitively;
(ii) assignments with a total expected duration of less than six months;
(iii) urgent situations; or
(iv) when an individual Consultant has relevant experience and qualifications of
exceptional worth to the assignment.

e. On Proposal. Consultant shall not propose alternative Key Experts. Only one CV
shall be submitted for each Key Expert position.

f. State owned Firms (GOCC) and their participation for SPLIT.

State-owned enterprises or institutions in the Borrower’s country may be eligible


to compete and be awarded a contract only if they can establish, in a manner
acceptable to the Bank, that they: (i) are legally and financially autonomous, (ii)
operate under commercial law, and (iii) are not under supervision of the Client.

g. Completeness of Proposal.

In preparing the Proposal, the Consultant is expected to examine the RFP in detail.
Material deficiencies in providing the information requested in the RFP may
result in rejection of the Proposal.

h. Only one Proposal. The Consultant (including the individual members of any
Joint Venture) shall submit only one Proposal.

i. Substitution of key expert.

If any of the Key Experts become unavailable for the extended validity period,
the Consultant shall seek to substitute another Key Expert. The Consultant shall
provide a written adequate justification and evidence satisfactory to the Client
together with the substitution request.

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j. Subcontracting. The Consultant shall not subcontract the whole of the Services.

k. Clarification of Consultant. The Consultant may request a clarification of any


part of the RFP during the period indicated in the Data Sheet before the Proposals’
submission deadline. Any request for clarification must be sent in writing, or by
standard electronic means, to the Client’s address indicated in the Data Sheet.
Any response to the Consultant by the DAR (SPLIT BAC shall be copy furnished
to other Consultants (Proposers).

l. Opening of Technical Proposals

The Client’s evaluation committee shall conduct the opening of the Technical
Proposals in the presence of the shortlisted Consultants’ authorized
representatives who choose to attend (in person, or online if this option is offered
in the Data Sheet). The opening date, time and the address are stated in the Data
Sheet.

m. Proposal Evaluation

Technical Proposals shall have no access to the Financial Proposals until the
technical evaluation is concluded and the Bank issues its “no objection”, if
applicable.

The Consultant is not permitted to alter or modify its Proposal in any way after
the proposal submission deadline except as permitted under ITC 12.7. While
evaluating the Proposals, the Client will conduct the evaluation solely on the basis
of the submitted Technical and Financial Proposals.

n. Evaluation of Technical Proposal

The DAR SPLIT BAC’s evaluation committee shall evaluate the Technical
Proposals on the basis of their responsiveness to the Terms of Reference and the
RFP, applying the evaluation criteria, sub-criteria, and point system specified in
the Data Sheet. Each responsive Proposal will be given a technical score. A
Proposal shall be rejected at this stage if it does not respond to important aspects
of the RFP or if it fails to achieve the minimum technical score indicated in the
Data Sheet.

o. Evaluation of Financial Proposal for Quality Based Selection (QBS)

Following the ranking of the Technical Proposals, when the selection is based on
quality only (QBS), the top-ranked Consultant is invited to negotiate the Contract.
If Financial Proposals were invited together with the Technical Proposals, only
the Financial Proposal of the technically top-ranked Consultant is opened by the
Client’s evaluation committee. All other Financial Proposals are returned
unopened after the Contract negotiations are successfully concluded and the
Contract is signed.

p. Evaluation of Financial Proposal for QCBS, FBS, and LCS methods

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After the technical evaluation is completed and the Bank has issued its no
objection (if applicable), the Client shall notify those Consultants whose
Proposals were considered non-responsive to the RFP and TOR or did not meet
the minimum qualifying technical score.

The Client shall simultaneously notify in writing those Consultants whose


Proposals were considered responsive to the RFP and TOR, and that have
achieved the minimum qualifying technical score and notify them of the date,
time and location of the public opening and invite them for the opening of the
Financial Proposals.

q. Opening of Financial Proposal

The opening date should allow the Consultants sufficient time to make
arrangements for attending the opening and shall be no less than seven (7)
Business Days from the date of notification of the results of the technical
evaluation.

The Financial Proposals shall be opened publicly by the Client’s evaluation


committee in the presence of the representatives of the Consultants.

At the opening, the names of the Consultants, and the overall technical scores,
including the break-down by criterion, shall be read aloud.

The Financial Proposals will then be inspected to confirm that they have remained
sealed and unopened.

These Financial Proposals shall be then opened, and the total prices read aloud
and recorded. Copies of the record shall be sent to all Consultants who submitted
Proposals and to the Bank.

Activities and items described in the Technical Proposal but not priced in the
Financial Proposal, shall be assumed to be included in the prices of other activities
or items, and no corrections are made to the Financial Proposal.
Time Based Contract

If a Time-Based contract form is included in the RFP, the Client’s evaluation


committee will (a) correct any computational or arithmetical errors, and (b) adjust
the prices if they fail to reflect all inputs included for the respective activities or
items included in the Technical Proposal. In case of discrepancy between (i) a
partial amount (sub-total) and the total amount, or (ii) between the amount derived
by multiplication of unit price with quantity and the total price, or (iii) between
words and figures, the former will prevail. In case of discrepancy between the
Technical and Financial Proposals in indicating quantities of input, the Technical
Proposal prevails and the Client’s evaluation committee shall correct the
quantification indicated in the Financial Proposal so as to make it consistent with
that indicated in the Technical Proposal, apply the relevant unit price included in
the Financial Proposal to the corrected quantity, and correct the total Proposal
cost.

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r. Negotiations

The negotiations will be held at the date and address indicated in the Data Sheet
with the Consultant’s representative(s) who must have written power of attorney
to negotiate and sign a Contract on behalf of the Consultant.

The Client shall prepare minutes of negotiations that are signed by the Client and
the Consultant’s authorized representative.

s. Conclusion of Negotiation

The negotiations are concluded with a review of the finalized draft Contract,
which then shall be initialed by the Client and the Consultant’s authorized
representative.

If the negotiations fail, the Client shall inform the Consultant in writing of all
pending issues and disagreements and provide a final opportunity to the
Consultant to respond. If disagreement persists, the Client shall terminate the
negotiations informing the Consultant of the reasons for doing so. After having
obtained the Bank’s no objection, the Client will invite the next-ranked Consultant
to negotiate a Contract. Once the Client commences negotiations with the next-
ranked Consultant, the Client shall not reopen the earlier negotiations.

t. Standstill period

The Contract shall not be awarded earlier than the expiry of the Standstill Period.
The Standstill Period shall be ten (10) Business Days unless extended in
accordance with ITC 33. The Standstill Period commences the day after the date
the Client has transmitted to each Consultant (that has not already been notified
that it has been unsuccessful) the Notification of Intention to Award the Contract.
Where only one Proposal is submitted, or if this contract is in response to an
emergency situation recognized by the Bank, the Standstill Period shall not apply.

u. Notification of Intent to Award

The Client shall send to each Consultant (that has not already been notified that it
has been unsuccessful) the Notification of Intention to Award the Contract to the
successful Consultant.

8.0 PROCUREMENT OF IT

A Standard Bid and Evaluation Form has been prepared by the World Bank for the Supply
and Installation of Information (Technology) Systems otherwise referred as IT.

The evaluation forms and guide contained in this document provide step-by-step
procedures for the evaluation of bids solicited through ICB. In all instances, the bidding

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and evaluation procedures described in the Instructions to Bidders (ITB) of the actual
bidding document used should be followed.

The Bidder shall accomplish the Letter of Transmittal as provided for in the Standard Bid
Evaluation Form
8.1 Preparation of Proposals

Documents comprising Proposals

To be determined

8.2 Bid Opening

All bidders or their representatives are invited to attend the bid opening, where bids are
read out and recorded, along with a list of attendees. The record is prepared for prompt
transmittal to the Bank. Copies should be sent to all bidders.
Any envelopes containing substitutions, modifications, or withdrawals must be subject to
the same level of scrutiny, including the reading out of critical details, such as price
changes. Failure to read out such information and include it in the written record may
result in denial of its inclusion in bid evaluation.
As stated in the ITBs, no bids should be rejected at the bid opening except those received
after the deadline for receipt of bids. Such bids shall be returned unopened to the bidder.

8.3 Bid Evaluation Committee

The DAR shall appoint an evaluation committee, consisting of a minimum of three


qualified members who should work in a secure office where all bidding documents can
be kept. One member is from the DAR MISS.

Evaluation of bid technical scores should be done by the evaluation committee as a whole,
as opposed to individual evaluation, and based on the scoring scale provided in the bidding
documents.

8.4 Preliminary Examination of Bids

The evaluation process should begin immediately after bid opening. The purpose
of preliminary examination is to identify and reject bids that are incomplete, invalid,
or substantially non-responsive to the bidding documents and therefore are not to
be considered further. The following checks should be applied:

a. Verification: Attention should be directed toward deficiencies that, if accepted, would


provide unfair advantages to the bidder.

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b. Eligibility: The bidder must be a national or a juridic entity from an eligible source
country as defined in the Guidelines.1 All partners to a joint venture shall be from an
eligible source country, and the joint venture shall be registered in an eligible source
country. All goods and services shall originate from eligible source countries.

c. Bid Security: The bidding document may require submission of a bid security. If so,
the bid security must conform to the requirements of the ITB.

d. Completeness of Bid: Unless the bidding documents have specifically allowed partial
bids—permitting bidders to quote for only select items or for only partial quantities of
a particular item—bids not offering all of the required items should ordinarily be
considered non-responsive. If any erasures, interlineations, additions, or other
changes have been made, they should be initialed by the bidder.

e. Substantial Responsiveness: Bids that fail Verification, Eligibility, Bid Security,


and/or Completeness of Bid requirements, should not be examined further, and not
subjected to further evaluation.

8.5 Evaluated Bid Price

Only those bids which passed the preliminary examination are to be examined in this
phase.

a. Corrections for Errors: The methodology for correction of computational errors is


described in the ITB.

b. Corrections for Provisional Sums: Bids may contain provisional sums set by the
Borrower for contingencies or for nominated subcontractors, etc.

c. Modifications and Discounts: In accordance with the ITB, bidders are allowed to
submit, prior to bid opening, modifications to their original bid.

d. Evaluation Currency: The remaining bids as corrected for computational errors and as
adjusted for discounts should be converted to a common evaluation currency, as
described in the ITB.

e. Additions: Omissions to the bid should be compensated for by adding the estimated
costs for remedying the deficiency. Such remedy would only apply to the mandatory
specifications, and cannot be applied to preferred features.

f. Adjustments: The ITB specifies which, if any, performance or service factors will be
taken into account in the bid evaluation.

1
A list of eligible source countries and those subject to payment restrictions from the Bank loan can be
downloaded from the World Bank procurement web site, http://www.worldbank.org/procurement.

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g. Priced Deviations: As discussed under para. 5, bids with minor deviations may be
considered substantially responsive.

8.6 Technical Bid Score (T):

Detailed Scoring Sheet: The methodology for the determination of the Technical Bid Score
derives itself from the technical scoring scale used for the bid, as indicated in ITB 28.5 (d),
and defined in the BDS. During the evaluation process, the committee will assign each
desirable/preferred Feature a whole number score from 0 to 4, defined as follows:

0 means feature is absent


1 means feature is present but shows deficiencies
2 means feature fully meets the requirements
3 means feature marginally exceeds the requirements
4 means feature significantly exceeds the requirements

a. Based on the above scale, corresponding technical points are indicated for each
Feature/Category.

b. If Features within a Category are weighted, then a weighted sum is derived to form the
Category Technical Score (S), according to the formula in ITB 28.5

c. If Categories are weighted, then a weighted sum is derived to form the Technical Bid
Score (T), according to the formula in ITB 28.5.

8.7 Evaluated Bid Score (B)

An Evaluated Bid Score (B) will be calculated for each responsive bid using the formula
in the ITB, and using the weight for price and for non-price factors as indicated in the
BDS.

Evaluated Bid Score (B) among responsive bids shall be termed the Lowest Evaluated
Bid and is eligible for contract award.

8.8 Bid Evaluation Summary Checklist

1. Attach bid opening record, if not previously submitted (refer to footnote 1, Annex I).

2. Explain any inconsistencies between prices and modifications to prices read out at bid
opening (and written into the record) and presented in Tables 4 and 5.

3. Provide details on eliminating any bids during preliminary examination (Table 6).
Copy select pages from bids, as desirable, to show examples of objectionable features.

4. If provisional sums in Tables 7 and 8 vary among bidders, explain. Explain any
substantial corrections for computational errors that may affect the ranking of bidders.

5. Provide a copy of the rates requested for Table 9 and used in Tables 10 and 11.

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6. The additions, adjustments, and priced deviations in Tables 12 and 13 require detailed
explanations where they may affect the ranking of bidders.

7. Eligibility for domestic preference as indicated in Tables 15 must be verified if the


ranking of bids is affected. Provide details in an attachment. Exclusions to the
calculations for preference should be explained if similarly significant.

8. Explain any cross-discounts not read out and recorded at bid opening. In addition,
attach copies of any evaluation reports for the other related contracts awarded to the
same bidder.

9. Attach results of post-qualifications assessment, as indicated in ITB 31 and the BDS.


Include references to any visits, staff conducting visits, site inspections, tests
conducted, etc.

10. Provide detailed reasons for refusing to award a contract to a party other than the lowest
evaluated bidder.

11. If an alternative bid is accepted, provide a detailed explanation of the reasons for its
acceptance, addressing issues of timeliness, performance, and cost implications.

12. An attachment to Table 20 should explain adjustments to the price provided on line 9.
Explain any changes to scope of bid and contract conditions.

13. Provide evidence of alternative insurance (see footnote 14, Annex I).

14. Attach copies of any correspondence from bidders that raise objections to the bidding
and evaluation process, together with detailed responses.

15. Attach copies of any letters to bidders requesting clarifications. Provide copies of
responses.

16. Submit bid evaluation with separate evaluation report from consultant, if one was
commissioned.

17. Ensure that the bid evaluation report is double-checked, paginated, and complete, and
includes a Letter of Transmittal. The Bank will only review reports that are sent to it
by the proper authorities.

18. Send by courier or by other swift means.

8.9 Determination of Bid Award

The bidder with the highest Evaluated Bid Score (B), as indicated in Table 19, is the lowest
evaluated bidder at this stage, subject to:

• Application of domestic preference, if any is allowed;


• Application of any discounts, contingent on the simultaneous award of multiple
contracts or lots; and
• Post-qualification evaluation, or, if pre-qualification has occurred, confirmation of pre-
qualification information.

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8.10 Review by the Bank

Upon receipt by the Bank, all contracts subject to prior review will be reviewed.
Borrowers may be requested to provide additional information and justification for the
recommendations. The Bank will not contact bidders. However, it may request the
Borrower to do so for necessary clarifications.

8.11 Award of Contract

Bid securities of unsuccessful bidders should be returned promptly after award has been
made.

9.0. PROJECT IMPLEMENTAITON SUPPORT PERSONNEL

As provided under item 7.32 of the WB Procurement Guideline, Project


implementation staff, individuals contracted by the Borrower to support project
implementation, other than individual consulting positions identified in the Loan
Agreement (Financial Agreement), may be selected by the DAR according to its
personnel hiring procedures for such activities, as reviewed and found acceptable by the
Bank.

10. REQUEST FOR QUOTATIONS (RFQs) FOR GOODS AND NON


CONSULTING SERVICES

10.1 Quotations should be obtained through advertisement, or when limited competition is


justified, through a request for quotation (RFQ), to at least three (3) firms, to ensure
fair competition.
10.2 The Bidders shall be given sufficient time to prepare and submit their quotations.
RFQs shall include the description quantity, delivery period, location of the Goods,
Non-Consulting. The deadline for submission of quotations may be submitted through
facsimile.
10.3 The evaluation of the quotations and contract award shall be carried according to the
criteria specified in the RFQ. The terms of the accepted quotation shall be
incorporated in a contractually binding document. The DAR shall keep records of all
proceedings regarding RFQs.

11. PROCUREMENT RELATED COMPLAINTS

All the stipulations mentioned in the ANNEX III of the Procurement Guidelines shall be
adopted for the SPLIT guideline for procurement related complaints.

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ANNEX 10

PROCUREMENT RELATED GRIEVANCE AND REDRESS MECHANISM

Reference: Annex III of WB Procurement Guidelines.


Procurement-related Complaints

1. This Annex details the procedures for administration and handling of procurement-
related complaints (Complaints) arising in connection with contracts where the Bank’s
SPDs (For those contracts that the Borrower shall use the Bank’s Standard Procurement
Documents shall be specified in the Procurement Plan for the project) are required to be
used See summary in Table 1. Additional requirements apply for contracts subject to the
Bank’s prior review as set forth under Annex II, Procurement Oversight.

2. General requirements for Procurement-related Complaints

A Complaint may challenge:

a. The Borrower’s selection documents, including: prequalification, initial selection,


request for bids, requests for proposals documents;
b. the Borrower’s decision to exclude an Applicant/Bidder/Proposer/Consultant from a
procurement process prior to award; and/or
c. the Borrower’s decision to award the contract following transmission of unsuccessful
Bidder/Proposer/Consultant in the Notice of Intention to Award. 2.2 Complaints should
be submitted by ‘interested parties.’ An interested party for this purpose means an
actual Bidder/Proposer/Consultant seeking to obtain the contract at issue (including an
Applicant for Prequalification/Initial Selection, if the complaint challenges the
Applicant’s disqualification). Potential Applicants/ Bidders/Proposers/Consultants are
also interested parties in relation to complaints challenging the Prequalification/Initial
Selection document, request for bids/ request for proposals document, or any other
Borrower document requesting bids/Proposals or Applications.

3. Complaints shall be submitted to the Borrower in a timely manner, as described in


paragraph 3.1 of this Annex.

4. The content of a Complaint is subject to the following requirements. Complaints shall be


submitted In Writing to the Borrower and shall identify the name, contact details, and
address of the complainant. In addition, the Complaint shall:

a. generally identify the complainant’s interest in the procurement as defined under


paragraph 2.2 of this Annex;
b. identify the specific project, the procurement reference number, the current stage of the
procurement process, and any other relevant information;
c. specify any previous communication between the complainant and the Borrower on the
matters addressed in the complaint;
d. specify the nature of complaint, and the perceived adverse impact on them; and
e. state the alleged inconsistency with or violation of the applicable procurement rules.

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5. The Borrower shall give prompt and fair consideration to each Complaint that meets
the requirements of the above provisions of this Annex, and is submitted within the
timelines set forth under paragraph 3.1 of this Annex.

6. Complaints that do not meet the requirements of paragraphs 2.2 to 2.4 of this Annex
should be addressed within a reasonable time. If such Complaints relate to contracts
subject to prior review by the Bank, they shall be shared by the Borrower with the Bank
in order to determine an appropriate course of action.

7. Timeline and process for review and resolution of Complaints 3.1 Complaints that meet
the requirements of paragraphs 2.2 to 2.4 of this Annex are subject to the timelines and
procedures set out below. The Borrower shall not proceed with the next stage/phase of
the procurement process, including the contract award, until it has properly addressed
any such Complaint.

a. Complaints challenging the terms of prequalification/initial selection documents:


request for proposals documents, and any other Borrower document requesting Bids,
Proposals or Applications should be submitted to the Borrower at least ten (10)
Business Days prior to the deadline for submission of Applications/ Bids/Proposals, or
within five (5) Business Days after the issuing of any amended terms, whichever is
later. The Borrower shall acknowledge In Writing the receipt of the Complaint within
three (3) Business Days, and shall review the Complaint and respond to the complainant
not later than seven (7) Business Days from the date of receipt of the Complaint. If as
a result of the Borrower’s review of the Complaint, the Borrower decides to modify the
prequalification/initial selection, request for bids/ request for proposals, or other
documents, the Borrower shall issue an addendum, and if necessary, extend the
application/Bid/Proposal submission deadline.
b. Complaints challenging the exclusion from a procurement process prior to contract
award should be submitted to the Borrower within ten (10) Business Days following
the Borrower’s transmission to the interested party of notice of such exclusion. The
Borrower shall acknowledge In Writing the receipt of the Complaint within three (3)
Business Days, and shall review the Complaint and respond to the complainant not later
than seven (7) Business Days from the date of receipt of Complaint. If as a result of the
Borrower’s review of a Complaint, the Borrower changes the results of the earlier
stage/phase of the procurement process the Borrower shall promptly transmit a revised
notification of evaluation results to all relevant parties advising on the next steps.
c. Complaints following transmission of the Notification of Intention to Award the
contract (or notification of intention to conclude a FA), shall be submitted to the
Borrower within the Standstill Period. The Borrower shall acknowledge In Writing the
receipt of the Complaint within three (3) Business Days, shall review the Complaint
and respond to the complainant, not later than fifteen (15) Business Days from the date
of receipt of Complaint. If, as a result of the Borrower’s review of the revised intent to
award to all previously notified Bidders/Proposers/Consultants, and shall proceed with
the contract award.

8. Complaints where the contract is subject to prior review.

For contracts subject to prior review, the Borrower shall promptly inform the Bank of
any Complaints received, and shall provide for the Bank’s review all relevant information
and documentation, including a draft response to the complainant once this is available.

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9. If the Borrower’s review of the Complaint results in:

a. a modification of the prequalification/initial selection, request for bids/request for


proposals, or other document, as foreseen under paragraph 3.1 a. of this Annex);
b. the Borrower’s changing its decision to exclude an Applicant/
Bidder/Proposer/Consultant as foreseen under paragraph 3.1 b. of this Annex); or
c. the Borrower’s changing its contract award recommendation as foreseen under 3.1 c.
of this Annex);

10. The Borrower shall, upon confirmation by the Bank of the satisfactory resolution of the
Complaint:
a. issue an addendum, and if necessary, extend the Application/Bid/Proposal submission
deadline; or
b. promptly transmit to the Bank a revised evaluation report. 3.4 The Borrower shall not
proceed with the next stage/phase of the procurement process, including with awarding
a contract without receiving from the Bank confirmation of satisfactory resolution of
Complaint(s).

11. Notwithstanding the requirement under paragraph 3.4 of this Annex, for Complaints
challenging the prequalification/initial selection/request for bids/request for proposals or
other such document, or challenging exclusion prior to award, the Borrower should
consult with the Bank about which, if any, steps in the procurement process may
appropriately go forward while the Complaint is being considered.

12. Resolution of Complaints

In resolving a Complaint, the Borrower should ensure a timely and meaningful review of
the Complaint, including all relevant documentation and facts and circumstances related
to it. The Borrower shall provide sufficient information in its response to the complainant,
while maintaining the confidentiality of information as provided under Paragraphs 5.19
and 5.20. A response to a Complaint should, as a minimum include the following
elements:

a. Statement of Issues: Specify the issues raised by the complainant that need to be
addressed;
b. Facts and Evidence: Specify the facts and evidence that in the Borrower’s view, are
relevant to the resolution of the Complaint. These facts and evidence should be
presented as a narrative, organized around the issues;
c. Decision and reference to the basis for the decision: State the decision that has been
made following the review. Also, include reference to the basis for the decision e.g.,
Procurement Regulations, SPD for the contract in question, etc. The response should
be as precise as possible in referring to the specific decision basis;
d. Analysis: Provide an explanation why the basis for the decision applied to the
facts/issues raised by the Complaint necessitates this particular decision. The analysis
may be short as long as it is clear and identifies each question that has to be answered
in order to arrive at an outcome; and
e. Conclusion: State clearly the resolution of the Complaint and describe the next steps to
be taken.

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13. Roles and Responsibilities of the Borrower

The Borrower’s roles and responsibilities with respect to Complaints covered by this
Annex include the following:
a. Provide timely and sufficient information to Bidders/Proposers/Consultants, including
through the Notification of Intention to Award and debriefing, so that
Bidders/Proposers/Consultants can both understand the basis for the Borrower’s
decision and make an informed decision on whether to lodge a Complaint challenging
that decision;
b. Promptly acknowledge Complaints received;
c. Resolve Complaints promptly and fairly;
d. Preserve the confidentiality and proprietary information of other Applicants/
Bidders/Proposers/Consultants, including commercial and financial information and
trade secrets as requested by the Bidders/Proposers/Consultants in their Bids/Proposals;
e. Maintain complete records of all debriefings and Complaints and their resolution;
f. For contracts subject to prior review, inform the Bank promptly of any Complaint
submitted and provide the Bank a copy of all relevant documents and information; and
g. For contracts subject to prior review, consult with the Bank promptly and forthrightly
throughout the Complaint review and resolution process.

14. Roles and Responsibilities of the Bidders/Proposers/Consultants

The Bidder’s/Consultant’s roles and responsibilities with respect to Complaints covered


by this Annex include the following:
a. Comply with the requirements of paragraph 2.4 of this Annex regarding the content of
the Complaint, and time limits set forth;
b. Be familiar with the provisions of the prequalification/initial selection document,
request for bids/request for proposals document or other document, as well as the
Bank’s Procurement Regulations, so as to understand the rules governing the
procurement process;
c. Timely request for debriefing, if one is desired;
d. Submit any Complaint within the permitted timeframe and to the entity/official
designated for that purpose in the prequalification/initial selection/request for bids/
request for proposals document; and
e. Ensure that any Complaint submitted is as specific as possible in explaining the
Bidder’s/Proposer’s/Consultant’s issues or concerns, and the alleged violation of the
applicable procurement rules (e.g., Procurement Regulations, request for bids/ request
for proposals document, etc.).

15. Roles and Responsibilities of the Bank

The Bank’s roles and responsibilities with respect to Complaints covered by this Annex
include the following:
a. Ensure that any Complaint addressed to the Bank is forwarded promptly to the
Borrower for review and resolution;
b. In the case of prior review contracts, timely consider any action proposed by the
Borrower, including, but not limited to, with respect to the conduct and content of a
debriefing, the denial of a complaint; or the taking of action to correct the impropriety
identified in the Complaint; and

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c. Except for acknowledging receipt of a Complaint, not to discuss or communicate with


any Applicant/Bidder/Proposer/Consultant during the evaluation and review process,
until the publication of Public Notice of Award.

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REFERENCES IN PROCUREMENT

1. PPSD
2. Standard Procurement Documents for Goods
3. Bid Evaluation Form (Evaluation Guide) for Goods and Non-Consulting
Services
4. Standard Procurement Documents for IT
5. Bid Evaluation Form of IT
6. Standard Procurement Documents for Consulting Services
8. Bid Evaluation Form (Evaluation Guide) for Consulting Services
9. ANNEX III of WB Procurement Guideline
10. Special Order 313 s. 2020
11. Special Order 230 s. 2020
12. Special Order 250 s. 2020
13. Special Order 251 s. 2020
14. General Memorandum Order No. 1 Series of 2017

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To be deleted in the future but needed for counterchecking


Comments of Mr. Rene On Procurement Manual

• Please note that the project will be governed by the Bank’s Procurement Regulations, not by
the Bank’s old Procurement Guidelines; please delete all references to Procurement
Guidelines and replace with Procurement Regulations
• In Chapter 2, please revise the order of ‘Thresholds for Procurement Methods and Review’
(from 2.1 to 2.2) with the “Applicable Procurement Documents’ (from 2.2 to 2.1); also, revise
heading title of ‘Threshold for Procurement Methods and Review’ and change to
“Thresholds for Procurement Approaches and Methods”
• Please revisit the list of Procurement Principles and use the latest version as per the Bank’s
Procurement Regulations (Procurement Principles have changed from 4 to 7)
• Table 1, para 3.2: please update the Ad Hoc Committees based on the meeting we had on
Wednesday; on the column ‘Threshold’, I believe what’s written is meant for the Regional
and Provincial PMOs and not for the Central PMO – please confirm; also, it would be best to
indicate the applicable GMO as reported by Director Aurit so the thresholds are defined
• Para 4.3: use of STEP on WB funded projects is mandatory, it is not unless otherwise agreed
with the Bank
• Please delete all references to Loan Agreement and replace with Loan Agreement;
specifically in para 4.3 if the mention of ‘Loan Agreement (Financial Agreement)’ will be
retained, it will just be called Loan Agreement as there is no such thing as Financial
Agreement
• Para 4.5: please note that ‘Terms of Reference’ is only used for Consulting Services and
should be equated with the preparation of nodding documents; please revise
• Chapter 5 should be titled Procurement of Goods and Non-consulting Services
• Para 5.1: please replace Standard Bidding Documents with ‘Standard Procurement
Documents’; ICB should be ‘RFB – International Market’; NCB should be ‘RFB – National
Market’; Small Value Procurement with ‘RFQ’; and Direct Contracting with ‘Direct Selection’;
in the 2nd para. please delete mention of Goods and sentence should read “Land survey
procurement shall be classified as Non-consulting Services.” There is another sentence in
this para. that mentioned goods and that should be deleted
• Chapter 6: this is already captured in Chapter 5 and need not be repeated
• Chapter 11: please note that RFQ is not used for Consulting Services; please exclude this
• Annex 1: no need to attach the PPSD as an Annex to the Procurement Manual
• Annex 2: title says Table of Thresholds for Prior and Post Review; however, what is actually
shown is the Thresholds for Procurement Approaches and Methods, which is a different set
of thresholds; please replace
• For the appropriate Thresholds for Prior and Post Review, please see my comments on the
Procurement Plan
• On the different Annexes, these may not necessarily be included in the Manual as it will just
multiply the number of pages; they probably could just be listed.

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On the procurement plan

My initial comments on the draft procurement plan are as follows:

Please categorize the activities as to Goods, Non-consulting Services, Consulting Services; meaning
please list down all that are goods/equipment/vehicles/motorcycles/etc. under the heading of
Goods, all surveys under Non-consulting Services, and all studies/advisory services/individuals/ etc.
under Consulting Services

• It will also help at this stage to have a separate listing of contracts or activities that be
procured and funded using Gov’t. counterpart funds so the Bank is fully aware what these
activities are
• Please check the Procurement Methods being proposed for consulting services for firms, all
are now using QCBS, but some other methods may be more appropriate; please note that
contracts/activities estimated to cost less than $200,000 can use the CQS method
• Please indicate the quantities in the Description of the activity itself for ease of reading and
ready info
• Procurement Method type for Goods, IT and Non-consulting Services: thresholds are
$100,000 and $3,000,000; meaning RFQ can be used for contracts estimated to cost equal to
or less than $100,000; and RFB for contracts estimated to cost more than $100,000 [the $3
m will come later on when you submit your Plan into STEP where there will be a need to
indicate what the market approach will be – either National or International]
• For survey services, please indicate Procurement Method as “RFB/RFQ” for now as we don’t
have the detailed packagings yet
• Please try to package together items that can possibly be supplied by the same supplier, this
will not only minimize the number of contract packages but hopefully will attract more
bidders as the contract amounts will be higher
• For Review Type, please use the ffg thresholds as basis: $1.5 million for Goods, IT and Non-
consulting Services; $0.5 million for Consulting Firms; and $0.2 million for Individual
Consultants - this means that all contracts/activities estimated to more than these
thresholds will be subject to the Bank’s Prior Review Procedures, and the rest that are below
will be Post Review

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