1 November 2017

Procurement Policies and Rules

Contents
Section I – Purpose.......................................................................2 Payment..............................................................................................................................15

Section II – Definitions..................................................................3 Time Limits.........................................................................................................................15

Conditions of Contract.......................................................................................................16
Section III – Scope........................................................................4
Tender Participation...........................................................................................................16
1. Introduction...............................................................................4
Tender Opening..................................................................................................................16
2. Principles and Considerations..................................................6 Tender Evaluation and Contract Award.............................................................................17
Eligibility................................................................................................................................ 7 Advance Contracting..........................................................................................................17
Responsibilities.................................................................................................................... 8 Contract Administration.....................................................................................................17
Prohibited Practices............................................................................................................. 8 Procurement Monitoring and Bank Review......................................................................18
Procurement related Complaints........................................................................................ 9
4. Procurement in Private Sector Operations.............................19
Misprocurement................................................................................................................... 9
5. Procurement of Consultant Services......................................20
3. Procurement Rules for Public Sector Operations...................10
General...............................................................................................................................20
General...............................................................................................................................10
Consultant Selection Procedures......................................................................................20
Applicability of these Rules................................................................................................10
Shortlist..............................................................................................................................21
Procurement Process.........................................................................................................11
Eligibility..............................................................................................................................21
Procurement Planning.......................................................................................................11
Language............................................................................................................................21
Notification.........................................................................................................................11
Evaluation and Selection...................................................................................................22
Open Tendering and Simplified Open Tendering...............................................................12
Contract Negotiations........................................................................................................22
Thresholds..........................................................................................................................12
Contract Administration.....................................................................................................22
Prequalification of Tenderers.............................................................................................12
Bank Review.......................................................................................................................23
Multi-stage Open Tendering...............................................................................................12
Section IV: Waivers, Exceptions and Disclosure.........................24
Other Procurement Methods and Procedures..................................................................13
Commodities......................................................................................................................13 Section V: Transitional Provisions...............................................25
Tender Documentation......................................................................................................14 Section VI: Effective Date............................................................25
Evaluation Criteria..............................................................................................................14 Section VII: Decision Making Framework....................................26
Language............................................................................................................................14
Section VIII: Review and Reporting.............................................27
Standards and Specifications............................................................................................15
Section IX: Related Documents..................................................27
Tender Prices......................................................................................................................15
Currency..............................................................................................................................15

Procurement Policies and Rules 1 November 2017 1

 I
II
Purpose Definitions
This Policy sets out the Bank’s polices and rules As used in this Policy, the following terms have the
governing procurement of good, works, services and meanings set out below:
consultancy services contracted by the Bank’s clients
consultancy services Professional advisory and consultancy services delivered by individuals
in Bank-financed projects1.
and/or consulting firms.
This Policy supersedes the Procurement Policies and control (including, with Means, in relation to an entity, the ability to effectively determine the
Rules (BDS08-205/F/REV1) correlative meanings the decisions and policies of such entity.
terms “controlled by” and
“under common control with”)
Enforcement Policy The Enforcement Policy and Procedures [BDS10-126/f/REV1] as
and Procedures amended from time to time.
Environmental and The Environmental and Social Policy [BDS14-091F] as amended from time
Social Policy to time.
Framework Agreement An agreement with suppliers, contractors or consultants to establish
terms governing contracts that may be awarded during the life of the
agreement. In other words, it is a general term for agreements that set out
terms and conditions for making specific call-offs.
goods Tangible products such as: vehicles, pumps, meters, turbines, etc.
Incoterms Trade terms established by the International Chamber of Commerce
Open Tendering Has the meaning given to it in Section III, Article 3.8.
Prohibited Practice As defined in the Enforcement Policy and Procedures.
Public Information Policy The Public Information Policy [BDS14-084 (F)] as amended from time to
time.
services Non-tangible services, including major labour contracts such as,
maintenance, training delivery, as well as software licensing and
maintenance and more incidental assistance in the form of equipment
rental, etc.
Simplified Open Tendering Has the meaning given to it in Section III, Article 3.8.
supply and installation An agreement which is a mixture of service or labour and transfer of
contract goods, where the goods element is more predominant than the labour.
Under a Supply and Installation contract the contractor agrees to do
certain job i.e. an agreement of building construction, manufacture,
processing, fabrication, erection, installation, repair or commissioning of
any movable or immovable property such as major plants, etc.
works contract An agreement which is a mixture of service or labour and transfer of goods
but where the labour element is more predominant than the goods and
1
In these policies and rules, the terms Bank-financed operations,
equipment. Under a works contract the contractor agrees to do certain
Bank-financed projects and Bank-financed contracts refer to job i.e. an agreement of building construction, manufacture, processing,
operations, projects and contracts that are financed in whole or in part
from the ordinary capital resources or Special Funds resources of the
fabrication, erection, installation, repair or commissioning of any movable
Bank or from any other resources or grants administered by the Bank or immovable property such as roads, bridges etc.

2 Procurement Policies and Rules 1 November 2017 3

III 1
Scope Introduction
on international invitations to tender being
arranged; and (xiii) the Bank shall take the
necessary measures to ensure that the
proceeds of any loan made, guaranteed or
participated in by the Bank, or any equity
investment, are used only for the purposes for
which the loan or equity investment was granted
1.5 The Bank, as part of its commitment to
sustainable economic development, promotes
the application of good international practice
regarding environmental, health and safety, and
social matters as stipulated in the Environmental
and Social Policy and as further detailed in the
legal documentation for specific projects. This
and with due attention to considerations of commitment will, to the extent appropriate, be
economy and efficiency.” reflected in the procurement documents used in
Bank operations.
1.3 At the level of specific projects, which are the
focus of the Bank’s operations, the efficiency 1.6 Supplementing the principles contained in the
of the procurement process directly affects Agreement Establishing the Bank, this document
the costs and the time required for project sets out the procurement policies and rules
execution and the ultimate performance of the to be followed in Bank-financed operations.
1.1 The establishment of sound procurement operation. Good procurement practices should Section III, Article 2 describes general principles
policies and practices is an integral part lead to significant time and money savings for and considerations that are applicable for all
of the transition process and the Bank’s the Bank’s clients and help ensure successful Bank financed operations involving the public
transition mandate. In their transition to project implementation and sustainable sector . Section III, Article 3 contains rules for
market economies and in applying the operation. The Bank encourages the use of procurement of goods, works and services
principles of multiparty democracy, the electronic procurement platforms as a tool for in Bank financed operations involving the
countries of operations of the European Bank efficiency and may require clients to use Bank public sector2. Section III, Article 4 describes
for Reconstruction and Development need accepted platforms for specific projects or procurement considerations in Bank-financed
to achieve economy and efficiency in both contracts. operations in the private sector. Section III,
public and private sector operations, and Article 5 contains rules for the selection of
transparency and accountability in public 1.4 The Bank will help countries of operations consultants by clients in Bank‑financed public
administration. Competition is the proven meet their objectives of achieving economic sector operations.
way to achieve economy, and it is also the development and transforming their public
fundamental principle of good procurement administration systems by carefully selecting
practice. and designing the projects it supports and by
assisting in the development of appropriate
1.2 Open and fair procedures for awarding public institutions that are consistent with the
sector contracts for goods, works and services philosophy and needs of market economies.
help to create dependable and stable markets Fostering sound procurement regulations and
for efficient private enterprises. They also form practices and institutional capacity building is
the basis for establishing accountability and essential in this effort.
encourage the cost-effective use of public
funds, a matter that is of concern for both the
Bank and its countries of operations. Article 13
of the Agreement Establishing the European
Bank for Reconstruction and Development
requires that:

“(xii) the Bank shall place no restriction upon

the procurement of goods and services from
any country from the proceeds of any loan,
investment or other financing undertaken
in the ordinary or special operations of the
Bank, and shall, in all appropriate cases, make
its loans and other operations conditional 2
See Section III, Article 3.2.

4 Procurement Policies and Rules 1 November 2017 5

 2 Principles and
Considerations
2.1 The “Chairman’s Report on the Agreement
Establishing the European Bank for
2.3 The Bank may periodically review the
procurement laws, regulations and procedures
2.5 The Bank’s concerns for value for money
through efficient, effective and economic use of
Reconstruction and Development”, Article 13, in its countries of operations and may provide resources, and the concern for, sustainability,
Paragraph 6, notes agreement: advisory services, technical assistance quality of results, contractual protection and
and capacity building to assist in reaching timely completion cover an entire project even
“... upon completely open procurement (and consistency with the principles of the WTO/GPA if Bank funds are applied only to a portion of
not procurement open only to members) and good international practice such as those the project. The Bank will finance only those
based on international tendering, where reflected in the UNCITRAL Model Law. contracts that are an agreed part of a project
appropriate, and ... such tenders should be and that have been awarded and executed in
genuinely competitive, in line with the GATT 2.4 The Bank works in close cooperation with accordance with the agreed procedures to be
Agreement on Government Procurement.3” other multilateral financial institutions and applied to that project.
development support initiatives such as the EC
The WTO/GPA (Government Procurement Cohesion and Structural Funds and seeks to Eligibility
Agreement) establishes a framework of increase the flow of investments to its countries 2.6 T he Bank permits firms and individuals from all
rights and obligations with respect to laws, of operations by co-financing projects. When countries to offer goods, works and services,
regulations, procedures and practices projects are co-financed on a joint basis, this including consultancy services, for Bank-
regarding public procurement. The aim of the Policy will apply for co-financed contracts. financed projects regardless of whether the
WTO/GPA is to achieve greater liberalisation However, in exceptional cases the Bank may country is a member of the Bank. Firms and
and expansion of world trade by establishing agree, on a case by case basis and subject individuals from developing countries as well
transparent, fair and open procurement to the approval of the Board of Directors, to as from the Bank’s countries of operations are
practices. The Bank supports the the application of alternative procurement encouraged to participate on equal terms and
development of public procurement laws and rules as applied by other institutions, provided thereby assist their own country’s development
practices within its countries of operations the Bank is satisfied that those alternative process. Any conditions for contract award shall
that are consistent with the principles of the procedures are fair and transparent, generally be limited to those that are essential to ensure
WTO/GPA. in line with the key principles of this Policy and the eligible firm or individual’s legal, financial,
good international practice and that acceptable commercial and technical capability to fulfil the
2.2 The underlying principle of WTO/GPA and alternative monitoring procedures are in contract in question. Clients of the Bank will not
the underpinning for the Bank’s policies place. When projects are co-financed on a exclude a firm or individual from participation
is that public sector contracts should parallel basis, the co-financiers’ procurement in a tender process4 or contract award for
normally be awarded on the basis of procedures will normally apply for contracts reasons unrelated to its capability to perform
open competitive tenders. Bank financed financed by them but the Bank will assure the contract unless the firm or individual (a) has
contracts may be awarded on the basis itself that contracts adequately support the been declared, and remains, as at the relevant
of procurement methods other than Open successful implementation of the project. date, ineligible pursuant to the Enforcement
Tendering or Simplified Open Tendering Policy and Procedures; (b) has a conflict of
only in specially justified cases or when interest or an unfair competitive advantage;
contract values are expected to be below the (c) has been convicted of an intentional crime,
prescribed thresholds for use of the open or an affiliate of the firm has been convicted
tender procedures. The laws and practices of an intentional crime, and any such criminal
for carrying out procurement should not conviction is final in the relevant national
discriminate or provide unfair advantages jurisdiction, with no more than ten years
between foreign and local products, suppliers having lapsed between the date on which the
or contractors and the procedures should be
transparent and fairly applied. 3
Replaced by WTO/GPA (Government Procurement Agreement).
4
See also Section III, Articles 3.23, 3.24 and 3.25.

6 Procurement Policies and Rules 1 November 2017 7

 criminal conviction became final and the date does not create any obligation or liability on the Procurement related Complaints Misprocurement
of eligible assessment, and the Bank concludes part of the Bank in respect of the procurement
that the judicial proceedings provided for process, which remain the responsibility of the Participants in a procurement process
2.10  If at any time in a procurement or consultancy
2.12 
adequate due process acceptable to the Bank; Bank’s client. governed by this Policy (excluding under selection process for a Bank-financed
or (d) is prohibited under relevant national law other procurement arrangements agreed contract, even after award of contract, the
from entering into commercial relations with Prohibited Practices in accordance with Section III, Articles 2.4, Bank finds that the procurement, selection,
the client, provided the prohibition relates 2.9 The Bank requires that clients (including 3.10, 3.11 or Article 4 (Procurement in award, or administration of a contract,
to a Prohibited Practice, which had been beneficiaries of Bank-financed operations), as Private Sector Operations)) are entitled to a including any agreed modification or waiver
determined through judicial or administrative well as tenderers, suppliers, contractors, and debriefing, which may be monitored by the of such contract, has not been carried out
proceedings with adequate due process consultants under Bank-financed contracts Bank, and to submit a procurement related materially in accordance with the agreed
acceptable to the Bank. including any sub-supplier, sub-contractor or complaint in accordance with the Bank’s procedures, it will promptly inform the client
sub-consultant, observe the highest standard procurement complaints process. and state the reasons for such determination.
2.7 Consistent with international law, the proceeds of transparency and integrity during the The contract may no longer be eligible for
of the Bank’s loans, equity investments, procurement, execution and implementation of 2.11 When a complaint regarding any aspect financing and the outstanding portion of
guarantees or grants shall not be used for such contracts. of a tender procedure is received by the the financing allocated to the contract may
payment to persons or entities or for any import Bank in accordance with its procurement be cancelled. If the client has proceeded to
of goods, if such payment or import is prohibited Any occurrence, or suspected occurrence, complaint process, the Bank will ensure award such a contract after issuance of the
by a decision of the United Nations Security of a Prohibited Practice in the procurement, that the complaint is fully reviewed to its Bank’s no objection, the Bank may declare
Council taken under Chapter VII of the Charter award, or implementation of a Bank-financed satisfaction and that the Bank’s conclusion the contract to be ineligible for financing if it
of the United Nations. Persons or entities, or contract shall be dealt with in accordance is communicated to the complainant and the determines that its no objection was based
suppliers offering goods, works and services, with the provisions of the Enforcement Policy Bank’s client. When a complaint is addressed on incomplete, inaccurate or misleading
covered by such prohibition shall therefore and Procedures. Suppliers and contractors to the client, the client will review and respond information about the procurement or
not be eligible for the award of Bank-financed selected pursuant to Section III, Article 2.4 to the complaint. contract administration process furnished by
contracts. and Article 3 (Procurement Rules for Public the client, or if it determines that the client
Sector operations), and consultants selected or the successful tenderer has engaged in
Responsibilities pursuant to Section III, Article 5 (Procurement Prohibited Practices.
2.8 Clients are fully responsible for implementing of Consultancy Services) and any sub-supplier,
Bank-financed projects, including all aspects sub-contractor or sub-consultant thereof, as
of the procurement process from the planning well as the Bank’s clients shall fully cooperate
stage through the award of contracts, as well with the Bank in any investigation into an alleged
as the administration and implementation of Prohibited Practice to be carried out pursuant
the contracts including resolving claims and to the Enforcement Policy and Procedures and
disputes. The Bank reviews the procurement shall permit the Bank or its representative to
delivery strategy and the relevant documents in inspect such of their accounts and records as
the procurement process and may advise and may be relevant for such investigation and to
assist clients in the procurement process and have such records and accounts audited by
institutional development for specific projects the auditors appointed by the Bank. Provisions
but is not a party to the resulting contracts. to this effect will be included in the Bank’s
The rights and obligations of the client vis- financing agreements with its clients, and in
à-vis tenderers for goods, works, services any contracts awarded pursuant to Section III,
and consultancy services to be furnished for Article 3 (Procurement Rules for Public Sector
the project will be governed by the tender or operations, (excluding Article 3.10) or Section III,
selection documents issued by the client and Article 5 (Procurement of Consultancy Services).
not by this Policy. When required by the Bank,
clients must use the electronic procurement
portals mandated by the Bank. The use of
electronic procurement portals by the client

8 Procurement Policies and Rules 1 November 2017 9

3
Procurement
Procurement Process
3.4 The normal process for public sector
procurement involves the following steps:
a) procurement planning including a market
Notification
3.6 After the procurement plan has been prepared
and as early in the project cycle as possible, the
client shall issue a General Procurement Notice

Rules for Public

analysis and a project delivery strategy; that advises the business community about the
b) notification of opportunities for tendering; nature of the project. This notice shall include
c) prequalification where appropriate; the amount and purpose of the Bank’s financing

sector operations d) invitation to tender and issuance of tender

documents;
e) submission of tenders, evaluation of tenders
and the overall procurement plan, including:
a) the rules and procedures to be applied;
b) the goods, works, services and consultancy
and contract award; and services to be procured;
f) contract implementation and administration. c) the expected timing; and
d) a name and contact address where to
The extent of the process and specific express interest and obtain additional
General Applicability of these Rules procedures to be followed for each step will information.
3.1 Competition is the foundation for good 3.2 For the purpose of these rules, public sector depend on the method of tendering that is used.
procurement practice. In addition to economy operations are operations in a country of This notice shall be published on the client’s
and efficiency, the public sector requires operation: Procurement Planning own website and/or official government
transparency and accountability for the use of a) which are extended to or guaranteed by 3.5 Sound planning of procurement is crucial. The procurement portal, where available, or in a
public funds, and this affects the choice of the such country of operations; or client shall determine what goods, works and newspaper with wide circulation in the client’s
procurement method and the documentation b) for utilities5 majority owned or controlled services are required or the defined functionality country or in official gazettes or international
and procedures that are used. Therefore the by national or local governments, or to carry out the project, when they must be trade publications, as appropriate. In addition,
Bank requires its public sector clients, in all government agencies of such country of delivered, what standards are needed, the the notice shall be submitted to the Bank
appropriate cases, to obtain goods, works and operations; or resources and capacity needed to implement which will publish the notice on the Bank’s
services through Open Tendering or Simplified c) which are extended to or guaranteed by the procurement processes and the contracts, website (www.ebrd.com) and/or the Bank’s
Open Tendering procedures in accordance national or local governments of such as well as the need for funding and which e-procurement portal to allow appropriate
with the rules outlined in this Article. Other country of operations or agencies and procurement and contracting procedure is time for potential tenderers to be made
methods may be appropriate for special enterprises majority owned or controlled by most suitable for each contract. The client shall aware of the upcoming opportunities. The
circumstances, depending on the nature and any of them, other than such enterprises prepare and complete the overall procurement Bank will also arrange for publication in the
value of the goods, works or services to be that in the Bank’s judgement are operating delivery strategy, including the procurement United Nations Development Business and
obtained, the required completion time and autonomously6 in a competitive market plan and the Bank shall provide its no objection in the Official Journal of the European Union
other considerations. All procurement methods environment and are subject to bankruptcy to it before any procurement begins. The as appropriate. The General Procurement
other than Open Tendering or Simplified or insolvency law. particular procedures and the goods, works and Notice shall be updated annually as long as
Open Tendering shall be clearly justified and services to which they apply are determined by any goods, works, services or consultancy
agreed by the Bank, and specified in the legal 3.3 These rules apply to all forms of acquisition of agreement between the Bank and the client services remain to be procured. An invitation
documentation. goods, works and services (except consulting and are specified in the legal documentation. to tender shall not be published before
services for which the procedures are Adjustments and refinements to the project the General Procurement Notice has been
described in Section III, Article 5 (Procurement delivery strategy and the procurement plan, published.
of Consultant Services), including, inter alia, with the Bank’s no objection, may continue as
purchase, hire-purchase, rental and leasing. needed throughout the duration of the project.

5
“Utilities” are authorities or undertakings which directly provide or operate fixed networks intended to provide a service to the public in water,
waste water, electricity, gas, heat, telecommunications or rail transport.
6
Meaning that the enterprise in question is not subject to national public procurement law or similar provisions and follows, to the Bank’s
satisfaction, sound procurement practices comparable to those described in Section III, Article 4 (Procurement in private Sector operations) of
these rules.

10 Procurement Policies and Rules 1 November 2017 11

 Open Tendering and Simplified Open Tendering,
3.7  Prequalification of Tenderers iterative basis, to be followed by amended tender The procedures applied must be acceptable
including prequalification where required, for documents and the submission of final technical to the Bank and shall provide for adequate
individual contracts shall be advertised in Clients shall, unless based on a well justified proposals and priced tenders in the final stage. timely notification and fair competition in
the same media and manner as the General rationale and subject to a prior no-objection by order to ensure value for money. Evaluation
Procurement Notice. In order to facilitate the the Bank, require potential tenderers to prequalify Other Procurement Methods and methodology, eligibility requirements and
participation of sub-contractors and suppliers for large and complex contracts and all firms that Procedures contract conditions shall be acceptable to
in contracts or the creation of joint ventures and meet the prequalification criteria shall be allowed 3.9 Direct Contracting may be used where: the Bank and should be made known to all
consortia, the client shall upon request make to submit tenders. The prequalification criteria, a) the extension of an existing contract awarded tenderers and applied fairly. Foreign firms
available the list of potential tenderers that have which shall be specified in the prequalification in accordance with procedures acceptable should be allowed to participate on equal
formally obtained the tender documents and, documents, shall be based entirely upon the to the Bank for additional goods, works or terms. The Bank may require the use of its
where pre-qualification is being followed, the list capability and resources of prospective tenderers to services of a similar nature would clearly be standard tender documents with adjustment
of pre-qualified entities. perform the particular contract satisfactorily, taking economic and efficient and no advantage for local provisions and publication of tender
into account such factors as their (a) experience would be obtained by further competition; opportunities on its website. The national
Open Tendering and and past performance on similar contracts, (b) b) there has been an unsatisfactory response to remedy system for complaints will apply
Simplified Open Tendering capabilities with respect to personnel, equipment, Open Tendering or Simplified Open Tendering and not the Bank’s procurement complaints
3.8 Open Tendering and Simplified Open Tendering and construction or manufacturing facilities, and (c) carried out in accordance with this Policy; mechanism. The Bank will encourage clients
procedures are those procedures under which financial position. The prequalification process shall c) a product, works or service can only be to use national e-procurement platforms when
all interested suppliers or contractors are given aim at ensuring the broadest possible participation provided by a single supplier or contractor available and acceptable to the Bank.
adequate notification of contract requirements amongst firms capable of performing the contract because of exclusive capabilities, rights or
and all such tenderers are given an equal and shall not be used to limit participation on availability of required products; 3.11 Utilities, agencies and enterprises defined
opportunity to submit a tender. It provides unreasonable or non-material grounds. d) standardisation with existing equipment is as public sector under Section III, Articles
the greatest opportunity for competition and determined to be important and justified, the 3.2(b) or (c) which have a significant degree of
satisfies the needs for economy and efficiency. Multi-stage Open Tendering number of new items are generally less than private ownership and control are expected to
The client must give sufficient advance public Detailed design and engineering of the goods and the existing number and compatible goods follow Open Tendering. However, where such
notification of open tendering opportunities for works to be provided, including the preparation cannot be provided by other suppliers; or entities have adopted sound procurement
potential tenderers to determine their interest of technical specifications and other tendering e) it is a case of extreme urgency brought about rules and procedures, the Bank may agree that
and to prepare and submit their tenders7. documents, normally precede the invitation to by unforeseeable events not attributable to such entities follow competitive procedures
Simplified Open Tendering follows the same tender for major contracts. Procurement of works the procuring entity. in accordance with their own rules, provided
process as for Open Tendering but with a set designed by the employer and procurement of such procedures are acceptable to the Bank.
of standard tender documents that have been standard production goods and equipment will In these cases a client may, with the Bank’s To be acceptable for use in the procurement
designed as suitable for predominantly low normally be procured using a single stage tendering prior no-objection, invite a single firm to present of Bank-financed contracts, the procedures
value, low complexity goods or works contracts. procedure. However, in the case of; a) turnkey its tender without prior public notification. of the entity should provide for adequate
contracts, where the contractor is responsible for Prior to the Bank’s no-objection to the signed international notification,8 non-discriminatory
Thresholds the detailed design, b) contracts for large complex contract the client shall submit to the Bank competition, transparent and fair evaluation
Except as otherwise provided for in Section III, plants, c) works of a special nature, d) innovative or the draft contract together with an appropriate procedures, verifiable compliance and
Articles 3.9, 3.10 and 3.11, contracts shall be bespoke products, e) goods and equipment that are justification demonstrating the basis upon independent complaint mechanisms, as well
procured following Open Tendering, if their value subject to rapid technological advances or which which the contract represents value for money. as fair and balanced contracts. The Bank
is estimated to equal, or exceed €250,000 for may be produced with many technical variables, may request adjustments to the procedures
goods and services and €7.5 million for works and or f) any other contracts of a similar nature and Alternative procurement procedures in
3.10  to ensure compliance with the principles and
supply and installation contracts. No procurement complexity, as may be determined by the Bank, accordance with national law may be the most considerations of this policy.
requirements shall be divided with the intent of a multi-stage Open Tendering procedure shall be economic and efficient method of procuring
reducing the value of the resulting contract(s) below used, unless based on a well justified rationale a goods, works or services when: (a) contract Commodities
these thresholds with the purpose of circumventing single stage process has been agreed and the Bank values are small; (b) works are scattered The procurement of commodities such as
3.12 
these rules. For goods, works, services and supply has provided its no-objection. Under multi-stage geographically or spread over time; (c) the oil and natural gas often involves multiple
and installation contracts below these threshold tendering, first unpriced technical proposals on goods, works or services are available locally awards for partial quantities to assure security
values, clients are encouraged to follow Open the basis of a conceptual design or performance at prices less than the international market; of supply and multiple purchases over time
Tendering but may use other procedures provided for specifications are invited, subject to technical as well or (d) by their nature or scope the contracts to take advantage of favourable market
in this policy. as commercial clarifications and adjustments on an are unlikely to attract foreign competition. conditions. Procurement of commodities

7 8
See Section III, Article 3.20. See Section III Articles 3.6 and 3.20.

12 Procurement Policies and Rules 1 November 2017 13

 requires greater flexibility than the Bank’s and the manner in which they will be applied Standards and Specifications opening, unless otherwise agreed with the
Open Tendering procedures but the key for the purpose of determining the most Bank, and specified in the tender documents.
principles of transparency, accountability, economically advantageous tender. Factors Specifications shall be based on relevant
3.16  Payment under the contract will be made in
economy and efficiency must remain which may be taken into consideration quality characteristics and/or performance the currency or currencies of the contract,
respected in the procurement process. It is include, inter alia, the payment schedule, the requirements. Clients shall use international unless otherwise agreed with the Bank.
recognised that internationally established time of completion of construction or delivery, standards and specifications wherever these
market practices may be taken into account the operating and maintenance costs, the are available and appropriate. If particular Payment
when agreeing on the procedures to be efficiency and compatibility of the equipment, national or other standards are used, the Payment terms and procedures shall be in
3.19 
applied. The procedures applied shall however performance and quality9, environmental tender documents shall state that other accordance with internationally acceptable
be acceptable to the Bank. considerations and requirements, the standards that ensure equivalent or higher commercial practices applicable to the goods,
availability of service and spare parts, and quality or performance than the specified works or services in question. Contracts
Tender Documentation minor deviations or omissions, if any. The standard would also be accepted. The use for supply of goods shall provide for full
Tender documents are the basis for informing
3.13  factors, related to the subject matter, other of brand names or other designations that payment in accordance with the Incoterms
potential tenderers of the requirements to than price to be used for determining the most would discriminate among suppliers shall used. For contracts involving installation and
supply specific goods and services or to economically advantageous tender shall be be avoided. If they are necessary to clarify commissioning, a portion of the payment may
construct works, and they must furnish all expressed in monetary terms or, where that is the nature of the product requirements, the be retained until the supplier or contractor has
information necessary to permit tenderers to not possible for demonstrable reasons, given tender documents shall state that products complied with all its obligations.
submit responsive tenders. Tender documents a relative weight in the evaluation provisions of equivalent or higher quality would be
shall be drafted so as to permit and encourage of the tender documents. The tender which is acceptable. Time Limits
international competition. They shall clearly the most economically advantageous tender, 3.20 P
 rescribed time limits for preparation and
define the scope of works, goods or services but not necessarily with the lowest submitted Tender Prices submission of tenders shall be adequate for
to be supplied, the rights and obligations tender price, submitted by a qualified Tender prices for the supply of goods shall
3.17  all tenderers to prepare and submit tenders
of the purchaser and of suppliers and tenderer, shall be selected for award. be requested on the basis of relevant depending on the complexity of the contract.
contractors, and the conditions to be met in Incoterms, as agreed with the Bank, provided Generally not less than 40 days from the
order for a tender to be declared responsive. Language that the evaluation ensures a fair and equal publication of the invitation to tender or the
They shall set out fair and non-discriminatory Unless otherwise agreed with the Bank,
3.15  comparison between locally and foreign availability of tender documents, whichever
criteria for selecting the winning tender. The tender documentation, including all published supplied goods. Tender prices for works and is later, should be allowed for the preparation
detail and complexity will vary according to the procurement notices, shall be prepared services contracts may be requested inclusive and submission of tenders for simple goods,
size and nature of the contract but generally and issued by the client in one of the of all duties, taxes and other levies. The works or services. For large or complex works
they should include an invitation to tender, Bank’s working languages. In the interest of evaluation and comparison of tenders shall or equipment, this period should be extended
instructions to tenderers, the form of tender, broad competition as well as economy and be on this basis and the selected contractor in agreement with the Bank to provide for
tender security requirements, qualification efficiency, the client may prepare further sets, would be responsible for all duties, taxes and sufficient time to prepare responsive tenders.
and evaluation criteria, the conditions of or parts, of the tender documentation in the levies in the performance of the contract. For small value contracts of minor complexity
contract, advance payment guarantees and local language, in order to assist local firms in and following Simplified Open Tendering
performance security requirements, technical tendering. Currency procedures or using an e-procurement
specifications and drawings, a schedule or Clients shall, with the agreement of the
3.18  platform, the period may be further reduced,
requirements for the goods, works or services, All documents required by the Bank for review Bank, determine the currency or currencies with the agreement of the Bank. Tender
and the form of contract. Clients shall use and notification purposes shall be submitted in which the tender prices must be quoted. validity periods and delivery dates shall
the Bank’s standard tender documents to the Bank in English. In the event of a Where multiple currencies are permitted, be consistent with the client’s reasonable
appropriate for each type, complexity and procurement complaint, the Bank may also for the purpose of tender evaluation and requirements but shall not be used to
value of procurement, where available. require certified English translations of the comparison, tender prices shall be converted discriminate against any potential tenderer.
relevant documents. The Bank will determine to a single currency, selected by the client, In exceptional cases it may be necessary to
Evaluation Criteria on the basis of such English language using the selling (exchange) rates for the request tenderers to extend the validity of
Tender documents shall specify the relevant
3.14  documentation whether procurement has currencies of the tender price quoted by an their tenders. In such cases tenderers shall
factors in addition to the submitted tender been carried out in accordance with the official source (such as the central bank) for not be allowed or required to change their
price to be considered in tender evaluation agreed procedures. similar transactions on the date of the tender tender and shall be free not to give such

9
See Section III, Article 3.16.

14 Procurement Policies and Rules 1 November 2017 15

 extension without penalty. Where the tender Tender Participation who wish to attend. If an e-tendering platform client proposes to reject all tenders, the client
is for a fixed price contract, provision must be is used the procedures shall provide an shall obtain agreement from the Bank on the
made in the tender documents for the tender 3.23 A
 tenderer may submit only one tender or equivalent level of transparency as described procedures to be followed.
price of the successful tenderer to be adjusted participate as a joint venture partner or in this Article. The client shall maintain a
for inflation10 up to the date of contract award, consortium member in only one tender for complete record of the tender opening, which 3.28 The client shall submit to the Bank, in
so as to mitigate the risk accruing to tenderers each contract. Submission or participation shall be copied to the Bank directly after the the required format, a report containing
offering such an extension. by a tenderer or joint venture partner in more opening. Tenders received after the stipulated the results of the tender evaluation and
than one tender for a contract will result in deadline for the submission of tenders shall its recommendation for the award of the
Conditions of Contract the rejection of all tenders for that contract in be returned unopened to the tenderer. contract. The Bank will review the findings
3.21 T he form of contract to be used must which the party is involved. For the purpose of and recommendations as the final step in
be appropriate to the objectives and this Article, a subcontractor is not deemed to Tender Evaluation and Contract Award establishing the eligibility of the contract for
circumstances of the project. Contract be participating in a tender. 3.27 W
 hen competitive procedures are used, the Bank financing.12
conditions shall be drafted so as to allocate client shall evaluate and compare tenders
the risks associated with the contract fairly, 3.24 No affiliate11 of the client, or of a procurement only on the basis of the evaluation criteria Advance Contracting
with the primary aim of achieving the most agent engaged by the client, shall be set out in the tender documents. The tender 3.29 In some cases it may be advantageous
economic price and efficient performance eligible for contract award unless it can be evaluation process shall be confidential but for the client to sign a contract before the
of the contract. The contract shall clearly demonstrated that there is not a significant the result of the evaluation and a summary signing of the related Bank financing. Clients
define the scope of goods, works or services degree of common ownership, influence or of the evaluation, once completed, shall be undertake such advance contracting at their
to be supplied or performed, the rights and control amongst the client or the client’s agent made available to all tenderers at the same own risk and the Bank’s no objection given to
obligations of the client and of suppliers and the affiliate. time. Contracts should be awarded within the procedures, documents or the proposal
and contractors and should include, inter the period of tender validity to the tenderer for award does not commit the Bank to
alia, appropriate provisions for guarantees 3.25 Where a firm, its affiliates or parent company, whose tender has been determined as being make financing available for the project. All
of performance and warranties, time limits, in addition to consulting, also has the substantially responsive and, in terms of the procurement procedures must be consistent
liability and insurance, acceptance, payment capability to manufacture or supply goods or specific evaluation criteria set forth in the with this Policy in order for contracts signed
terms and procedures, price adjustment to construct works, that firm, its affiliates or tender documentation, is determined as the in advance of loan approval to be eligible for
(where appropriate), liquidated damages and parent company cannot be a supplier of goods most economically advantageous tender and Bank financing.
bonuses, handling of changes and claims, or works on a project for which it provides who has been determined to be fully capable
force majeure, termination, settlement or has provided consulting services directly of undertaking the contract. Tenderers shall Contract Administration
of disputes and governing law. Wherever related to the contract in question, unless not be allowed or asked to change their 3.30 T he client shall administer contracts with due
required by the Bank, standard forms it can be demonstrated that there is not a tender or required to accept new conditions diligence and shall monitor and periodically
of contract incorporating internationally significant degree of common ownership, during evaluation or as a condition of award. report to the Bank on the performance of
accepted conditions shall be used. influence or control or that the involvement The terms and conditions of the contract contracts.
does not provide the firm with an unfair shall not, without the Bank’s no objection,
3.22 Nothing in the tender documents shall competitive advantage. materially differ from those on which tenders 3.31 Before agreeing to any modification or waiver
be designed to restrict competition or were invited. The client shall only reject all of the terms and conditions of a contract or
offer an unfair competitive advantage to a Tender Opening tenders if there has been unsatisfactory granting an extension of the stipulated time
tenderer. Clients shall not provide to any 3.26 T enders solicited under Open and Simplified competition, including receiving tender prices for performance (except in cases of extreme
potential supplier or contractor information Open Tendering procedures shall be received that substantially exceed the cost estimates urgency brought about by unforeseeable
regarding a specific procurement which and opened under procedures and conditions or funds available. In the event that a tender events not attributable to the procuring entity),
would have the effect of providing an unfair guaranteeing the regularity of the opening as for works is identified during the evaluation the client shall obtain the Bank’s no objection
competitive advantage and/or reducing or well as the availability of information from the process as being considered as abnormally to the proposed modification, waiver or
precluding competition. All amendments and opening. The time and place for the opening, low and the tenderer is subsequently unable extension. Change or variation orders made
clarifications to tender documents shall be and any information announced at the tender to demonstrate beyond reasonable doubt in accordance with the terms and conditions
made available to all participants that have opening, shall be strictly in accordance with through a clarification process its capability of the contract shall be subject to the Bank’s
required the tender documents directly from the relevant provisions contained in the tender to perform the contract for the offered price, review before a no objection can be given for
the client. documents. Tenders shall be opened in the the tender may be rejected subject to prior disbursement.
presence of tenderers or their representatives no-objection by the Bank. In the event that the
10
An appropriate and official index, such as the official cost of living index in a country expressed in the currency of the tender, must be used.
11
Affiliate means, in relation to an entity (the First Entity), any entity controlled, directly or indirectly, by the First Entity, any entity that controls,
12
directly or indirectly, the First Entity or any entity directly or indirectly under common control with the First Entity. See Section III, Article 3.32.

16 Procurement Policies and Rules 1 November 2017 17

Procurement Monitoring and
Bank Review
3.32 A
 s an integral part of their project
implementation responsibilities, clients
are required to prepare and maintain
documents and records pertaining to the
3.35 For all contracts which are subject to the
Bank’s prior review process, the following will
apply as a minimum:
a) prior to an invitation to prequalify or tender,
the client shall submit the complete
prequalification or tender documents to the
Bank for its review and no objection;
4
Procurement in
Private Sector
procurement process and the administration b) prior to finalising a prequalification list
and implementation of contracts for the
purpose of the Bank’s review. The Bank’s
or awarding a contract, the client shall
submit a detailed prequalification or tender Operations
ongoing review of the procurement and evaluation report setting forth the specific
contract implementation processes will reasons on which the recommendation to
focus on critical steps that are necessary prequalify firms or award the contract is
to ensure eligibility of the contract for Bank based, to the Bank for its review and no
financing, in particular the procurement plan, objection; and
the tender documents, the tender evaluation c) one copy of the signed contract shall be 4.1 The Chairman’s Report, in Article 13, Paragraph of the client company as distinct from the
and contract award recommendations, furnished to the Bank immediately upon 6, notes that: sponsors. Where a shareholder of the client
and changes and claims during execution signature of such contract; and company or one of its affiliates, including
of the contract. Review and approval of the d) Any other information that the Bank may “Private sector enterprises in which the Bank parent companies and affiliates of such parent
procurement plan by the Bank is one of the request shall be submitted. holds equity or debt might be encouraged, companies, is also a contractor or supplier to
essential steps for establishing the use of the but not obliged, to use international tenders the project, the Bank will satisfy itself that the
proceeds of the loan and/or investment grant. 3.36 For contracts not subject to prior review, to obtain goods or services efficiently and costs are in line with current market prices and
immediately upon signing of the contract economically.” the original cost estimates in the operation
3.33 The client shall make such modifications in the client shall furnish to the Bank, a copy of report, and that the contract conditions are fair
procurement documents or reports as the the signed contract, together with a tender The Bank’s concerns for the appropriate use and reasonable. The Bank will not finance costs
Bank may request. The approved documents evaluation report for its review and no of funds and for economy and efficiency apply that exceed market levels.
or reports shall not be changed without the objection. equally to its public sector operations (as defined
Bank’s no objection. in Section III, Article 3.2) and its private sector 4.4 Where the Bank is financing private operators
3.37 The Bank will publish on a periodical basis a operations. Private sector enterprises often of a public concession, tendering procedures
3.34 All contracts to be procured following Open description of contracts awarded, the name meet these concerns by following established acceptable to the Bank, as set out in the Bank’s
Tendering or Simplified Open Tendering and nationality of the entity to which the commercial practices other than formal open policy document in respect of the financing
shall normally be subject to the Bank’s contract was awarded and the contract price. tendering for their procurement. Wherever of private parties to concessions, should be
prior review. The agreed procedures for the appropriate, the Bank will encourage the use followed for the selection of the concessionaire.
project will determine the contracts subject of competitive tendering methods by its private
to post review. The Bank may also conduct sector clients, particularly for large contracts. 4.5 Where an operation provides funds to a
“independent” procurement reviews of financial intermediary to finance sub-loans
contracts and projects. 4.2 The Bank will satisfy itself that private sector to private beneficiaries such as small and
clients use appropriate procurement methods medium sized enterprises, the procurement
which ensure a sound selection of goods and under the sub-loan shall be undertaken by the
services at fair market prices and that they respective beneficiaries in accordance with
are making their capital investments in a cost normal procurement practices for private sector
effective manner. Careful procurement planning operations acceptable to the Bank. Where sub-
that takes into account the particular needs loans are made to public sector beneficiaries,
of the enterprise is essential for the Bank’s procurement under such sub-loans may be
evaluation and agreement. carried out in accordance with Section III, Article
3.10 of this Policy or where the Bank does not
4.3 Contracts awarded by private sector clients have a legal agreement with the end beneficiary
should be negotiated on an arm’s length basis the applicable national public procurement laws
and should be in the best financial interest and regulations.

18 Procurement Policies and Rules 1 November 2017 19

5
Procurement
procurement notice and the rationale for the
choice shall be recorded.
c) T wo stage open competitive selection:
A detailed description of the scope,
methodology and objectives of the
consultants. The list shall comprise a wide
geographic spread of consultants, including
wherever possible at least one qualified
consultant from one of the Bank’s countries of
operations and no more than two from any one

of Consultant
assignment normally forms the basis for the country. The shortlist procedures may in the
selection of consultants through a single case of framework arrangements be modified in
stage open competitive selection process. agreement with the Bank.

Services However, for services that are complex or

of a special nature, where the objectives
(what) can be established but the scope
Eligibility
5.5 Consultancy contracts shall not be awarded to:
and methodology (how) to achieve the a) a  ny affiliate of the client unless it can be
objectives cannot be defined by the client, demonstrated that there is not a significant
as determined by the Bank, a two stage degree of common ownership, influence or
open competitive selection process shall be control between the client and the affiliate
General b) selecting the consultant in accordance with applied. Examples of assignments where it and that the affiliate would not be placed in a
5.1 The Bank’s clients employ individuals and the procedures outlined in Section III, Article may be impractical to define the methodology position where its judgement in the execution
firms as consultants to provide a wide range 5.3. to achieve the objectives may include of the assignment may be biased. Parties
of expert advice and consulting services c) negotiating a contract with the selected conceptual design, complex IT services and involved in the selection process shall not
in connection with their operations and consultant; and framework arrangements. have a conflict of interest, as determined by
management responsibilities. The main concern d) contract administration. the Bank.
when choosing consultants should be the In a two stage competitive selection process b) consultants who participate in more than one
quality of the services that are to be provided. 5.3 Consultants shall be selected as follows: a procurement notice soliciting expression of response/expression of interest/proposal
The procedures for selecting consultants and a) Direct selection: For low value contracts, interest from qualified consultants shall be for each contract. For the purpose of this
contracting for their services must be flexible estimated to cost less than €75,000 published in the procurement section of the Article a sub-consultant is not considered to
and transparent to ensure that assignments (including any foreseeable follow on services), Bank’s website (www.ebrd.com) and/or an be participating in a response/expression of
can be efficiently executed with high standards a qualified consultant may, subject to the electronic procurement portal as agreed with interest/proposal.
of performance, while providing the necessary Bank’s no-objection, be selected directly, the Bank. The procurement notice shall include
accountability. The procedures described below without the requirement to select the the objectives of the assignment and the criteria Language
shall be followed for consultant contracts to consultant competitively, and a contract for the shortlisting of qualified consultants. The 5.6 Unless otherwise agreed with the Bank,
be financed by the Bank under public sector negotiated with the selected consultant. rationale for the inclusion in the shortlist shall requests for proposals, including all published
operations. For consultant contracts financed b) Single stage open competitive selection: be recorded. procurement notices, shall be prepared and
with donor funds, which are to be contracted by For contracts with consultants that are issued by the client in one of the Bank’s working
the Bank’s clients, these procedures shall also estimated to cost €75,000 or more (including The shortlisted consultants shall be invited languages. In the interest of competition as
be followed. When required by the Bank, clients any foreseeable follow on services), a to submit proposals. The invitation to submit well as economy and efficiency, the client may
shall use the electronic procurement portal procurement notice soliciting responses13 proposals shall include the objectives of the prepare further sets, or sections, of the request
specified by the Bank. from qualified consultants shall be published assignment and the evaluation criteria for the for proposals in the local language, in order to
in the procurement section of the Bank’s award of the contract. The evaluation of the assist local firms in participating.
Consultant Selection Procedures website (www.ebrd.com) and/or an electronic proposals that shall include the scope and
5.2 The selection process for consultants normally procurement portal as agreed with the Bank. methodology shall be made on the basis of All documents required by the Bank for review
involves the following steps: The procurement notice shall include the the criteria outlined in the invitation to submit purposes shall be submitted to the Bank
a) defining the scope, objectives and estimated scope, methodology and objectives of the proposals and the rationale for the choice shall in English. In the event of a procurement
budget, including any anticipated follow-on assignment and the evaluation criteria for be recorded. complaint, the Bank may also require certified
services and/or extensions, of the proposed the award of the contract. The evaluation translations of the relevant documents. The
assignment and determining the selection of the responses submitted shall be made Shortlist Bank will determine on the basis of such English
procedure to be followed; on the basis of the criteria outlined in the 5.4 Unless based on a well justified rationale and language documentation whether procurement
subject to a no-objection by the Bank, shortlists has been carried out in accordance with the
of consultants shall include no less than three agreed procedures.
13
Depending on the nature of the assignment a response may take the form of a CV, a technical proposal, with or without a financial proposal, or
and no more than six qualified and experienced
otherwise as defined in the procurement notice.

20 Procurement Policies and Rules 1 November 2017 21

Evaluation and Selection Contract Negotiations Bank Review 5.16 For contracts not subject to prior review, the
client shall furnish to the Bank, prior to the
5.7 The evaluation of consultants should principally 5.9 During contract negotiations the client and 5.12 T he qualifications, experience and terms submission of a withdrawal application in
be based on quality, such as technical the consultant may agree on non-material and conditions of the contract shall be respect of such contract, a copy of the signed
considerations including, but not limited to, modifications to the contract. The client shall satisfactory to the Bank. The Bank will contract, together with an evaluation report
experience in similar assignments, regional indicate any changes that may be desirable review, as a minimum, the proposed scope for its review and no objection.
experience, qualifications of key personnel in the scope of services and in the staffing of services and terms of reference, the
proposed for the assignment, and suitability and proposed by the consultant, and appropriate proposed procurement notice, the proposed 5.17 The Bank shall publish on a periodical basis
quality of the methodology and work plan. The adjustments in the price of services shall shortlist of firms, the invitation to submit a description of contracts awarded, the name
price of the services may be a consideration. then be agreed. The draft final contract must proposals (if applicable), the recommendation and nationality of the party to which the
The consultant that submits the highest be presented to the Bank for its review and no for consultant selection and the final contract contract was awarded and the contract price,
rated response/proposal should be invited to objection before signing. to ensure that the assignment is eligible for including details of qualified consultants who
negotiate a contract. Bank financing. participated in the selection process leading
Contract Administration to such contract award.
5.8 Competition is preferred; however, in some 5.10 In Bank-financed projects, the client is 5.13 The client shall make such modifications in
circumstances it may be necessary or responsible for managing and administering procurement documents or reports as the
advantageous to select directly or continue the the consultant’s work to ensure high Bank shall reasonably request. The approved
engagement with a specific consultant, where: performance standards, authorising documents or reports shall not be materially
a) the consultant has unique expertise or payments, making contract changes as may changed without the Bank’s no objection.
experience; or be needed, resolving claims and disputes,
b) the consultant has been or is involved in the ensuring timely and satisfactory completion 5.14 All consultancy contracts are normally subject
early phases of the project such as feasibility of the assignment and evaluating the to the Bank’s prior review. Alternatively, the
or design and it has been determined that performance of consultants. The client shall Bank may conduct post review of contracts
continuity is necessary and no advantage make available to the Bank a copy of the and may also require an evaluation by the
would be gained from following competitive signed contract as soon as practical after client of the consultant’s performance.
procedures; or signature by the parties to the contract.
c) additional services not included in the 5.15 For all contracts which are subject to the
original contract have, through unforeseen 5.11 B
 efore agreeing to any modifications or Bank’s prior review process:
circumstances, become necessary for the waiver of the terms and conditions of a a) prior to issuing a procurement notice,
performance of the contracted services, contract or granting an extension of the if applicable, the client shall submit the
on condition that those additional services stipulated time for performance (except in complete selection documents to the Bank
cannot be technically or economically cases of extreme urgency brought about by for its review and no objection;
separated from the original contract without unforeseeable events not attributable to b) p rior to an invitation to submit proposals,
major inconvenience to the contracting the procuring entity), the client shall obtain if applicable, the client shall submit the
authorities or when such services, although the Bank’s no objection to the proposed proposed shortlist of firms, the terms of
separable from the performance of the modification, waiver or extension. reference and the evaluation criteria for the
original contract, are strictly necessary for its assignment to the Bank for its review and
completion; or no objection;
d) there has been an unsatisfactory response to c) prior to inviting a selected firm for
a selection process carried out in accordance negotiations, the client shall submit
with agreed procedures. a detailed evaluation report setting
forth the specific reasons on which the
In such cases a client may, with the Bank’s prior recommendation to select the successful
approval, invite the consultant in question to firm for negotiations is based and the items
submit a proposal and negotiate a contract. subject to negotiations, to the Bank for its
review and no objection; and
d) one copy of the signed contract shall be
furnished to the Bank immediately upon
signature of such contract.

22 Procurement Policies and Rules 1 November 2017 23

 IV Waivers,
Exceptions Transitional

V
and Disclosure Provisions Effective Date
Waivers Transitional Provisions Effective Date
The Board of Directors may grant a deviation from This Policy shall apply to projects which have This Policy is effective from 1 November, 2017.
a requirement of this Policy that is not explicitly received approval of the Concept Memorandum
permitted by the terms of this Policy. by the Operations Committee (or under delegated

VI
authority) after the date referred to in Section VI.
Exceptions
The Board of Directors may grant an exception from In respect of projects which have received approval
this Policy in accordance with Section III, Article 2.4. of the Concept Memorandum by the Operations
Committee (or under delegated authority) before
Disclosure the date referred to in Section VI, the Procurement
This Policy will be disclosed on the Bank’s website Policies and Rules (BDS08-205/F/REV1) shall
in accordance with the Public Information Policy in continue to apply unless the client and the Bank
effect from time to time. have expressly agreed to follow this Policy.

24 Procurement Policies and Rules 1 November 2017 25

VII Decision Making Review and Related

VIII
Framework Reporting Documents
Accountable Review Related Documents
The VP Risk and Compliance is the ExCom member This Policy will be reviewed in 2022. Enforcement Policy and Procedures
accountable for this Policy. [BDS10-126/f/REV1]
Reporting
Responsible

IX
The Bank shall prepare an annual report on the Environmental and Social Policy
The Director of the Procurement Policy and Advisory procurement activities carried out under this Policy. [BDS14-091F]
Department is responsible for this Policy.
Public Information Policy
[BDS14-084]

Procurement Complaints Directive

[Dir….]

26 Procurement Policies and Rules 1 November 2017 27

NOTES NOTES

28 Procurement Policies and Rules 1 November 2017 29

Definitions and abbreviations
Abbreviations

EBRD European Bank for Reconstruction and Development

CIP Carriage and insurance paid to

DDU Delivered duty unpaid

EC European Commission

ECA Export Credit Agency

GATT General Agreement on Tariffs and Trade

GPA the Agreement of Government Procurement

ITT instructions to tenderers

OECD Organisation for Economic Co-operation and Development

STD Standard Tender Documents

WTO World Trade Organization

All rights reserved. No part of this publication may be

reproduced or transmitted in any form or by any means,
including photocopying and recording, without the
written permission of the copyright holder. Such written
permission must also be obtained before any part of this
publication is stored in a retrieval system of any nature.
Applications for such permission should be addressed to
[email protected].

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Design and layout: Daniel Kelly

549_Procurement policies & Rules (E/1000)

First published January 1992
Revised August 1994 © European Bank for Reconstruction and Development
Revised May 1995
Revised March 1996
Revised February 1998
Revised April 1999
Revised August 2000
Revised May 2007
Revised May 2009
Revised May 2010
Revised October 2014
EBRD contacts Procurement enquiries
Tel: +44 20 7338 7598
European Bank for Reconstruction and Development
Fax: +44 20 7338 7472
One Exchange Square
Email: [email protected]
London EC2A 2JN
United Kingdom Publication requests
Tel: +44 20 7338 7553
Switchboard/central contact
Fax: +44 20 7338 6102
Tel: +44 20 7338 6000
Email: [email protected]
Fax: +44 20 7338 6100
SWIFT: EBRDGB2L www.ebrd.com
Information requests For requests
and enquiries, please download the
form at www.ebrd.com/inforequest
Project enquiries
Tel: +44 20 7338 7168
Fax: +44 20 7338 7380
Email: [email protected]