Complaint Management and

Standstill Period

Robin Kumar Thakur

Procurement specialist
The World Bank
Procurement related Complaints - General
Timely resolution of complaints is critical to avoid undue delays in procurement
and consequently in the project implementation.

The Bank requires Borrowers to make reasonable efforts to address such

complaints promptly and fairly

Review of complaints also requires high-priority and prompt action on the part of
the Bank

Timeliness not only in resolution, but also in the submission of Complaints (if
any) is critical to the success and smooth progress of the project
Procurement related Complaints – General (contd..)
 All Complaints shall be recorded by the Borrower in the appropriate tracking
system (STEP).
 The Bank also maintains a Complaint database for their tracking and resolution.
 Complaints should be submitted by ‘interested parties’
 Complaints arising where Bank’s SPDs are required to be used, are handled in
accordance with Annex III of Procurement Regulations.
 Where Bank’s SPDs are used, a Standstill Period shall normally apply, but for
specified exceptions.
 Complaints, other than those covered under Annex III, are handled by the
Borrower in accordance with agreed procedures.
Procurement related Complaints - types
 A Complaint may challenge

 the selection documents - prequalification, initial selection, request for bids,

requests for proposals documents;

 the Borrower’s decision to exclude an Applicant/Bidder/Proposer/

Consultant from a procurement process prior to award; and/or

 the Borrower’s decision to award the contract following intimation to

unsuccessful Bidder/Proposer/Consultant in the Notice of Intention to
Award.
Procurement related Complaints - Contents
 The contents of a Complaint shall identify the complainant and include other
specified information like complainant’s interest in the procurement, and its
adverse impact on him.

 Complaints are handled differently depending on whether it has arisen on

contracts:
 for which the Bank’s SPDs are used,
 which are procured under APA with an MDB or a Borrower’s Agency,
 which are subject to Bank’s prior or post review, and
 where the Bank provided HEIS,

 Complaints submitted directly to the Bank or those alleging Fraud and

Corruption are also handled differently.
Procurement related Complaints - Annex III
Complaints arising in contracts that use Bank’s SPDs, and submitted within specific
timelines, are handled as per timelines specified in Annex III.

In case of Complaints challenging the prequalification/initial selection documents,

the complaint should be submitted at least 10 Business Days prior to the deadline for
submission, and the Borrower shall respond not later than 7 Business Days from the
date of receipt of the Complaint.

In case of Complaints challenging exclusion from a procurement process prior to

contract award, the complaint should be submitted within at least 10 Business Days
following the Borrower’s transmission of notice of such exclusion, and the Borrower
shall respond not later than 7 Business Days from the date of receipt of the Complaint.
Procurement related Complaints – Annex III (contd.)
 In case of Complaints following the Notification of Intention to Award, the
complaint should be submitted within the Standstill Period, and the Borrower
shall respond not later than 15 Business Days from the date of receipt of the
Complaint.

 Complaints relating to contracts subject to prior review are shared by the

Borrower with the Bank in order to determine an appropriate course of action.
The Borrower provides the Bank with all relevant documentation and
information, including a draft response to the complainant.

 Borrower shall not proceed to the next stage of the procurement process, until
the Complaint has been properly addressed.
Procurement related Complaints – Annex III
(contd.)
 In resolving a Complaint, the Borrower shall ensure a timely and meaningful
review of the Complaint, and shall provide sufficient information in its
response to the complainant, while maintaining confidentiality.

 Response to a Complaint should, as a minimum include:

a. Statement of Issues
b. Facts and Evidence
c. Decision and reference to the basis for the decision
d. Analysis
e. Conclusion
Procurement related Complaints
 Complaints relating to contracts subject to post review are not subject to the
Bank’s review and confirmation, as to whether they have been addressed
satisfactorily by the Borrower.
 When received by the Bank, such complaints are sent to the Borrower for
resolution.
 Complaints on contracts procured under APA with an MDB shall be handled in
accordance with the MDB’s complaints review rules and procedures, as set forth
in the APA agreement.
 Complaints on contracts procured under APA with a Borrower’s agency shall be
resolved by the Borrower’s agency in accordance with the applicable complaints
review rules. If the Bank receives such a complaint, the TL shall transmit the
complaint to the Borrower’s agency to resolve it.
Standstill Period
 A Standstill Period shall apply to give Bidders/Proposers/
Consultants time to examine the Notification of Intention to
Award and to assess whether to submit a complaint.

 The Standstill Period begins with transmission of the Notification

of Intention to Award or to conclude the FA. The Standstill Period
shall last ten (10) Business Days, unless otherwise extended.

 The contract shall not be awarded either before or during the

Standstill Period.
Standstill Period (Contd.)
 Standstill Period shall not be a requirement in the following
situations:
 only one Bid/Proposal was submitted in an open competitive process;
 direct selection;
 call-off process among firms holding FAs; and
 emergency situations recognized by the Bank.
Standstill Period where there are no requests for debriefs
Debriefing by the Borrower
 An unsuccessful Bidder/Proposer/Consultant has 3 Business Days
to request the Borrower for a debriefing, on receipt of the
Notification of Intention to Award.

 The Borrower shall provide a debriefing within 5 Business Days, to

all unsuccessful Bidders/Proposers/Consultants whose request is
received within the deadline of 3 Business Days.

 If the Borrower decides to provide the debriefing outside this

timeframe, the Standstill Period shall automatically be extended
until 5 Business Days after the last debriefing takes place.
Standstill Period – time to request debrief and lodge complaints
Debriefing by the Borrower (contd..)
All Bidders/Proposers/Consultants shall be informed of the extended Standstill
Period.

Where a request for debriefing is received after the 3 Business Day deadline,
the Borrower should provide the debriefing normally within 15 Business Days
of the date of publication of contract award.

Requests received outside the three 3 Business Day deadline shall not lead to
an extension of the Standstill Period.

Debriefings may be done in writing or verbally. The Bidders/

Proposers/Consultants shall bear their own costs of attending a debriefing
meeting.
Standstill Period – late debrief and extended SP
Debriefing by the Borrower (contd..)
 The debriefing will cover only the bid/proposal of the
bidder/proposer requesting the debriefing and respond to any
related questions.

 The debriefing shall not include:

 bids of the competitors
 point-by-point comparisons with other bids/ proposals
 Any confidential or commercially sensitive information

 Summary of each debriefing shall be retained in Borrower’s

official procurement records.
 Procurement related Complaints – Table
Process Step
Complaints challenging the terms of prequalification /
initial selection documents, request for bids/ request for
proposals documents, or any other Borrower document
requesting Bids/Proposals or Applications
Notify Applicant/Bidder/Proposer/Consultant of the
basis for exclusion from consideration for a contract;
rejection of Bid submitted; or intention to award.
Complaints following transmission of the notification of
the intention to award the contract shall be submitted to
the Borrower within the Standstill Period.
Time frame
Complaints shall be submitted at least ten (10) Business Days prior to the
deadline for submission of Proposal /bids /application.
Borrower shall respond not later than seven (7) Business Days from the
date of receipt of complaint.
The timeframe will be specified in the respective documents governing
the procurement process. Notification should take place promptly after
the relevant determination.
Upon receipt a Complaint challenging the above determination, the
Borrower shall respond to the complainant not later than seven (7)
Business Days after the receipt of complaint.
Complaints should be submitted within the Standstill Period.
The Borrower shall respond not later than 15 Business Days from the
date of receipt of Complaint.
 Procurement related Complaints – Table
Process Step
Bidder /consultant Request for Debriefing
Conducting Debriefing in a timely manner
Acknowledge receipt of Complaint
Forward complaint to the Borrower, if
Complaint is submitted only to the Bank
Forward Complaint to the Bank, along with
all relevant information and documentation
Time Frame
Within three (3) Business Days from the receipt of the Borrower’s
notification of the intention to award the contract.
The Borrower shall hold the debriefing within five (5) Business Days of
receipt of the request. For all other requests for debriefing, the Borrower
shall hold debriefing not later than fifteen (15) Business Days from the date
of publication of public notice of award of contract
Within three (3) Business Days from the date of receipt of the Complaint
Within three (3) Business Days from the date of receipt of the Complaint
As soon as possible after receipt of Complaint
THANK YOU
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