Force account. Force account is not, properly considered, a
tendering procedure itself. Rather, force account is the procedure under
which the Borrower itself undertakes a specific construction task, utilizing
its own personnel and equipment. The Bank accepts this method if it will
clearly produce savings, such as when :
(i) the quantities of the work involved can not be defined
in advance;
(ii) works are small and scattered or in remote locations
where mobilizations costs for contractors would be unreasonably high;
(iii) work must be carried out without disrupting ongoing
operations;
(iv) the risks of unavoidable work interruption are better
borne by the Borrower than by a contractor;
(v) no contractor is interested in carrying out the
works.
In these cases the Bank must approve the corresponding
budget.
MERCOSUR
NAFTA
- Contains the same provisions as the WTO Government Procurement
Agreement (1008).
ANDEAN
GROUP
CENTRAL
AMERICAN COMMON MARKET
CARICOM
GROUP OF THREE
ACCORD
- Essentially similar to the WTO. Tendering procedures (Section B
Articles 15.0 through 15.16) shall not be applied in a non-discriminatory
manner. Entities have to provide all suppliers with equal access to
information and shall not provide information to any supplier in a manner
that would have the effect of precluding competition. The agreement
provides for three methods of tendering : open, selective tendering,
limited tendering . However, they do not apply to Colombia and Venezuela
where tendering procedures are governed by their own national legislation.
Consequently, articles 15-09 - 15-16 will only apply when they are in
accordance with their own national legislation. Regarding tendering
procedures, Colombia and Venezuela will grant Mexico, treatment no less
favorable than the most favored treatment accorded to any other country
that is not a Party to the Agreement.
BILATERAL AGREEMENTS WITH MEXICO
- Contains similar provisions to the Group of Three Agreement?s Chapter
on Government Procurement ( Section C Articles 14-09 -14-16 for Mexico and
Bolivia and 12-09 -12-16 for Mexico-Costa Rica). However, the provisions
relating to selective tendering procedures will not apply to Costa Rica
until the Costa Rican legislation regulates and develops this procedure
(Annex 9-4 to Article 12-02).
BILATERAL AGREEMENTS WITH CHILE
3.2
Qualification of
suppliers
WTO
- As set out in Article VIII, entities are not allowed to discriminate
among suppliers of other Parties or between domestic suppliers and
suppliers of other Parties. They have to recognize as qualified suppliers
domestic suppliers or suppliers of other Parties who meet the conditions
for participation in a particular intended procurement.
- Conditions for participation in tendering procedures shall be
published in adequate time to enable interested suppliers to initiate and
complete the qualification procedures and shall be limited to what is
essential to ensure that firms are capable of fulfilling the contracts in
question. The process and the time required for qualifying suppliers can
not be used as a means of keeping suppliers from other Parties off a
suppliers list or from being considered for a particular procurement.
Conditions should be limited to what is essential to ensure that firms are
capable of fulfilling the contracts in question . The requirements and
verification of qualifications process shall not be discriminatory.
IDB
- The IDB?s Basic Procurement Policies and Procedures contain several
provisions relating to the equal participation of suppliers and
non-discrimination between suppliers originating from member countries. As
set out in paragraph 3.2 of the BPPP, participants must be treated
equally. This principle requires avoiding any type of preference or
discrimination that favors or jeopardizes one bidder on the detriment or
benefit of others. In this sense, participation of the maximum number of
qualified bidders is encouraged. No requirement for the prequalification
or registration of bidders can be established that would impede or make
difficult the participation of foreign firms, or that would tend to
violate the principle of equal treatment to bidders (paragraph 3.7 of the
BPPP). In addition, technical qualifications, financial guarantees and
commercial capacity of suppliers shall not be as high as to discourage
competition or include requirements which make it difficult for qualified
contractors to participate (paragraph 3.8 of the BPPP).
MERCOSUR
NAFTA
- Article 1009 contains a similar provision as that in the WTO Agreement
on Government Procurement.
- Entities are not allowed to discriminate between suppliers of the
other Parties or between domestic and other Parties? suppliers.
- Conditions must be published sufficiently in advance so as to provide
the suppliers adequate time to initiate and complete the qualification
procedures. Technical qualifications, financial guarantees and information
necessary to establish financial and commercial capacity of suppliers must
be limited to those that are essential to ensure the fulfillment of the
contract in question.
ANDEAN
GROUP
CENTRAL
AMERICAN COMMON MARKET
CARICOM
GROUP OF THREE
ACCORD
- Contains a similar provision as the NAFTA Chapter on Government
Procurement (Article 15-10). However, they do not apply for Colombia and
Venezuela.
MEXICO
BILATERAL AGREEMENTS
- Contains a similar provision to the NAFTA Chapter on Government
Procurement (Article 14-10 for Mexico-Bolivia and 12-10 for Mexico-Costa
Rica ).
BILATERAL AGREEMENTS WITH CHILE
3.3
Publication / Invitation to
participate
WTO
- As set out in article IX of the GPA entities must publish an
invitation to participate for all cases of intended procurement, except
for the case of limited tendering (Article IX). The notice should be
published in the agreed publication specified in Appendix II of the
Agreement.
- In general , an invitation to participate may take the form of a
notice of proposed procurement, but sub-central levels of government and
government enterprises may also use a notice of planned procurement or a
notice regarding a qualification system. When a notice of planned
procurement is used , the entity has to subsequently invite suppliers that
have expressed interest in the procurement to confirm their interest. If a
notice regarding a qualification system is used , the entity has to
provide in a timely manner information that allows interested suppliers,
who have expressed their interest in participating, to have a meaningful
opportunity to assess their interest.
- Summaries of procurement notices have to be issued in one of the WTO?s
official languages (English, French or Spanish).
- Notices of planned or proposed procurement and notices regarding a
qualification system must provide a list of all the elements needed to
ensure transparency, including the mode of procurement, its nature and
quantity, dates of delivery, economic and technical requirements, amounts,
the addresses to which the applications and tenders must be submitted and
amounts and terms of payment. In publication of notices (call for tender),
entities must make clear that procurement is covered by the GPA.
- If, after publication of the invitation to participate, but before the
date for opening or receipt of tenders, an entity deems necessary to amend
or reissue the notice or tender documentation, the entity shall ensure
that the new notice or documentation has the same circulation as the
original.
IDB
- General Procurement Notices (GPN) (paragraph 3.6 (a) of the BPPP).
These notices, which are prepared by the Borrower with the
collaboration of the Bank, are intended to provide advance notice to
interested parties regarding future possibilities for the procurement of
works or goods under new Bank-financed projects.
- The GPN contains basic information about the project concerned,
including the name of the country in which it will take place; reference
to financing by the Bank; the amount and objective of the loan; the
threshold amounts above which international competitive bidding is
required; a tentative schedule of procurement of works and goods; and the
address, telephone and facsimile numbers of the Borrower, in order to
permit those interested to obtain more detailed information. The Bank
undertakes the publications of these notices, on behalf of the Borrower,
in the United Nations publication "Development Business".
- The publication of the GPN takes place well in advance of the first
notice for prequalification or bidding issued with respect to the
corresponding project. This may in cases of Bank financing that is
expected but not yet approved, require publication of the GPN before the
date of approval by the Bank. GPNs are also published in the Bank?s
journal, IDB Projects and on the Internet at http://www.iadb.org.
- Notices for specific bidding opportunities (Specific Procurement
Notices)" SPN" (paragraph 3.6 (b) of the BPPP). The announcement of
prequalification or registration -- and the announcement of bidding, when
prequalification does not take place -- shall be published in the
following manner:
- National publicity: Every bidding for goods, works or
related services includes national publicity. This publicity requires
that the public notice of prequalification or registration, and that of
the invitation to bid, when invitation is not restricted to prequalified
firms, must be published at least on two occasions in a newspaper of
wide national circulation, or at the discretion of the Borrower, on one
occasion in two different newspapers of wide national circulation.
- International publicity: In the case of bidding with a value
estimated to be equal to or above the thresholds set forth for
international competitive bidding, in addition to the national publicity
referred to above, the Borrower must carry out international publicity.
In such cases, the public notice of prequalification or registration and
that of submission of bids, when there has been no prequalification,
must be published in the United Nations Journal Development
Business. For large or complex works, additional publicity may be
required at the discretion of the Bank and with the concurrence of the
Borrower, in news paper or recognized technical journal of wide
international circulation.
- The text of procurement notices require the approval of the Bank and
must specify, as a minimum the following:
- a description of the project, purpose of the bidding, and source of
funds destined to finance the cost of the procurement of goods or works;
- the fact that the project for which bidding is carried out is being
partially financed by the Bank and that the procurement of goods or
contracting of works payable from said financing will be subject to the
provisions of the corresponding loan contract;
- the general description of the equipment, machinery, and materials
required, as well as of the works, the volume or quantity of work, its
principal parts, and the deadline for its completion;
- the office or place, date, and time at which the bidding documents,
including the bidding guidelines, plans specifications and draft
contracts, may be obtained.
- the office where the bids are submitted and the authority responsible
for their approval and award; and
- the place, date and time at which the bids will be opened in the
presence of the bidders or their representatives.
- It is preferable that the publicity be in one or more of the Bank?s
official languages (Spanish, English, French and Portuguese) in order to
facilitate competition both locally and internationally. When a document
is produced in more than one language, it is necessary to indicate which
language governs in case of conflict among the versions (paragraph 3.5 of
the BPPP).
MERCOSUR
NAFTA
- Contains a similar provision to the WTO Agreement on Government
Procurement (Article 1010).
ANDEAN
GROUP
CENTRAL
AMERICAN COMMON MARKET
CARICOM
GROUP OF THREE
ACCORD
- Contains a similar provision to the WTO Agreement on Government
Procurement (Article 15-11). However, article 15-11 does not apply to
Colombia and Venezuela on its entirety. It only requires a description of
the goods and services to be procured, the address to which the
application to participate in the tender should be sent and the deadline
for the reception of offers.
BILATERAL AGREEMENTS WITH MEXICO
- As set out in Article 14-11 of the Mexico-Bolivia agreement and
Article 12-11 of the Mexico- Costa Rica agreement, entities shall publish
an invitation to participate for all procurement, except the case of
limited tendering (Articles 14-16 and 12-16 respectively) , in the
appropriate publication listed in the Annex to Articles 14-11 of the
Mexico-Bolivia Agreement and 12-11 of the Mexico- Costa Rica Agreement.
- The invitation to participate must take the form of a proposed
procurement which must provide the mode of procurement, its nature and
quantity, dates of delivery, the addresses to which applications, tenders
and other information should be submitted, economic and technical
requirements, and the amounts and term of payment.
- If, after publication of the invitation to participate, but before the
date for opening or receipt of tenders, an entity deems necessary to amend
or reissue the notice or tender documentation, the entity shall ensure
that the new notice or documentation has the same circulation as the
original.
BILATERAL AGREEMENTS WITH CHILE
3.4 Selective
Tendering
Procedures
WTO
- Article X of the GPA sets out the selective tendering procedures.
Under selective tendering procedures, entities shall invite tenders from
the maximum number of domestic suppliers and of other Parties, consistent
with the efficient operation of the procurement system. Suppliers must be
selected in a fair and non-discriminatory manner.
- Entities that maintain lists of qualified suppliers may select from
those lists to make invitations to tender. The selection process shall
allow for equal opportunities for the suppliers on the lists.
- Suppliers that request to participate in a particular intended
procurement shall be permitted to submit a tender and be considered if
there is sufficient time to complete the qualification procedure. The
number of additional suppliers is only limited by the efficient operation
of the procurement system.
- The requests to participate in selective tendering procedures can be
submitted by telex, telegram or facsimile.
- In the case an entity does not invite or admit a supplier to tender,
the entity, upon the request of the supplier, is obliged to provide
information on the reasons concerning its decision.
IDB
- For large or complex works, the Bank requires that prequalification be
carried out. The Borrower may also require prequalification for the
procurement of very specialized goods or services, or whenever it may
determine that this procedure is pertinent. Prequalification should be
based exclusively on the ability of the potential contractors to carry out
the works in satisfactory manner. The criteria to evaluate this ability
are:
- experience and results obtained in similar jobs.
- personnel and equipment available.
- financial soundness.
- The existence of other obligations, or of pending or future
obligations, or undertakings that may compete with execution of the
works involved in the bidding.
- Any litigation or arbitration resulting from prior contracts or
contracts under execution, during the last five years.
- In the prequalification procedures, and those for registration of
bidders, no requirements for qualification or registration can be
established that would impede or make difficult the participation of
foreign firms, or that would tend to violate the principle of equal
treatment of all bidders (3.7 (a) of the BPPP).
- The registration of potential bidders is a form of prequalification
acceptable to the Bank. Registers must: I) be open permanently or be
opened on a frequent basis, whether for updating information on registered
firms or adding new firms; II) be open for each bidding to be carried out
for projects financed by the bank; III) include no requirements that would
impede or render difficult the participation of foreign bidders.
MERCOSUR
NAFTA
- Contains a similar provision to the WTO Agreement on Government
Procurement (Article 1011).
ANDEAN
GROUP
CENTRAL
AMERICAN COMMON MARKET
CARICOM
GROUP OF THREE
ACCORD
- Article 15-12 contains a similar provision to the WTO Agreement on
Government Procurement. However, Article 15-12 does not apply to Colombia
and Venezuela. But, if as a result of their respective national
legislation they decide to establish selective tendering procedures, they
will be obliged to apply the disciplines of Article 15-12.
BILATERAL AGREEMENTS WITH MEXICO
- Article 14-12 of the Mexico-Bolivia agreement and 12-12 of the
Mexico-Costa Rica Agreement contain a similar provision to the WTO
Agreement on Government Procurement. However, the provisions relating to
selective tendering will not apply to Costa Rica until it is regulated and
developed by the Costa Rican legislation (Annex 9-4 to Article 12-02).
BILATERAL AGREEMENTS WITH CHILE
3.5 Time
limits for tendering and
delivery
WTO
- As set out in Article XI of the GPA, time limits have to be adequate
to allow suppliers to prepare and submit tenders before the closing of the
tendering procedures. Consequently, entities shall take into account
factors such as the complexity of the procurement, the extent of the
subcontracting anticipated and the time it will take for transmitting
tenders by mail from foreign and domestic points.
- Delivery dates have to take into account factors such as the
complexity of the procurement, the extent of subcontracting anticipated
and the realistic time required for production, de-stocking and
transportation of goods, etc.
- The deadlines for tendering and delivery are the following:
- Open procedures: not less than 40 days from the date of
publication of the invitation to participate.
- Selective procedures: 1) if it does not involve the use of a
permanent list of qualified suppliers, the period shall not be less than
25 days from the date of publication of the invitation to participate.
For receipt of tenders the period shall not be less than 40 days from
the date of issuance of the invitation to tender. 2) if it involves the
use of a permanent list of qualified suppliers, the period for receipt
of tenders shall not be less than 40 from the date of the initial
issuance of invitations tender.
- In certain circumstances these periods can be reduced:
- If a separate notice has been published at least 40 days but no more
than 12 months in advance and the notice contains all the information
required for the invitations to participate, the 40 day limit for
receipt of tenders can be replaced by a shorter period, generally 24
days, but in no case be less than 10 days.
- In case of the second or subsequent publications of contracts in the
case of recurring contracts, the 40 day period may be reduced to no less
than 24 days.
- In the case of a duly justified state of urgency and the entity
deems the normal periods impracticable, the periods may be reduced but
in no case be less than ten days from the date of publication of the
invitation to participate.
- For procurement in selective procedures by sub-central government
entities and government enterprises , the periods may be fixed by mutual
agreement between the entity and the and the selected suppliers. If no
agreement is reached the entity may fix a period that is long enough for
suppliers to submit their tenders and in no case less than 10 days.
IDB
- The date for presentation of prequalification documents should be at
least 45 calendar days after the date of the last announcement of
prequalification (Art 3.7 (d) of the BPPP).
- For international competitive bidding, not less than 45 calendar days
must be allowed from the date of publication of the last notice of
invitation to bid or the date of availability of bidding documents,
whichever is later, until bid opening (Art 3.10(a) of the BPPP).
- Where large or complex civil works are involved, not less than 90
calendar days must be allowed for contractors to familiarize themselves
with national laws and working conditions, complete technical
investigations and determine the availability of labor at the site. The
determination whether a 45 or 90 calendar day bidding period will be
followed is made during the project analysis period and incorporated in
the loan documents presented to the Bank?s Board of Executive Directors
(Art 3.10 (a) of the BPPP).
- The time limit for consulting services is 30 calendar days from the
date of publication.
MERCOSUR
NAFTA
- Article 1012 contains generally similar provisions to that of the WTO
Agreement on Government Procurement.
ANDEAN
GROUP
CENTRAL
AMERICAN COMMON MARKET
CARICOM
GROUP OF THREE
ACCORD
- Article 15-13 contains a similar provision to the WTO Agreement on
Government Procurement. However, it does not apply for Colombia and
Venezuela on its entirety and only applies where it is consistent with
their respective national legislation. In this case, their national
legislation requires: (a) time limits should allow sufficient time to
allow for the preparation and presentation of offers before the closing of
the tendering procedures; (b) entities shall take into account factors
such as the complexity of the procurement, the extent of the
subcontracting anticipated and the time it will take for transmitting
tenders by mail from foreign and domestic points; and (c) When
establishing a deadline for the application to tender or the reception of
offers delays in publication should be taken into consideration.
BILATERAL AGREEMENTS WITH MEXICO
- Articles 14-13 of the Mexico-Bolivia Agreement and 12-13 of the Mexico
Costa Rica Agreement contain a similar provision to as the WTO Agreement
on Government Procurement.
BILATERAL AGREEMENTS WITH CHILE
3.6 Tender
documentation
WTO
- As set out in article XII of the GPA, if an entity allows tenders to
be submitted in several languages, one of those languages has to be one of
the official languages of the WTO (English, French or Spanish).
- Tender documentation must have all the same information as the notice
of intended procurement and other information such as: the addresses to
which tenders and information should be sent; language or languages in
which tenders and other documents must be submitted; the closing date and
time; the date and time of the opening of tenders and persons authorized
to be present ; technical specifications and other terms and conditions,
terms of payments; and the criteria for awarding the contract.
- Entities are obliged to forward the tender documentation at the
request of any supplier participating or requesting to participate in the
tendering procedures and reply promptly to any reasonable request for
explanations or for relevant information related to these tendering
procedures.
IDB
- Clarity and content. The documents should describe carefully and
in full detail what is required in the way of works or goods and related
services to be provided; they should not include requirements which make
it difficult to for qualified contractors to participate and they should
clearly indicate the criteria to be used in the evaluation and comparison
of bids. The detail and complexity of the documents may vary according to
the nature of the bidding, but in general, the documents should include:
the invitation for bids; general instructions to bidders; special
instructions to bidders; general condition of contract; special conditions
of contract; technical specifications; a list of goods, related services
and delivery schedule; criteria for the evaluation of bids; sample forms;
and list of member countries of the Bank (bid form, bid bond form ,
performance security, declaration of firm?s nationality and origin of
goods, contract form, declaration of commissions and gratuities, guarantee
form for advance payment, manufacturers authorization form) (paragraph 3.8
(a) of the BPPP).
- Price of the Documents. If a price is fixed for the purchase of
bidding documents, it should reflect reproduction costs of those documents
and in no case be so high as to discourage competition (paragraph 3.8 (b)
of the BPPP).
- Free access to the Borrower. The Borrower must be available, once
the bidding documents have been collected by bidders, up to a reasonable
time (e.g., 10 calendar days) before the bids are opened, to answer
questions or clarify the bid documents for bidders. Inquiries must be
answered promptly by the Borrower, and clarifications made known to other
interested parties that have acquired the bidding documents and to the
Bank. The names of the firms which requested clarifications remain
confidential (paragraph 3.8 ( c ) of the BPPP) .
MERCOSUR
NAFTA
- Article 1013 contains a similar provision to that of the WTO Agreement
on Government Procurement.
ANDEAN
GROUP
CENTRAL
AMERICAN COMMON MARKET
CARICOM
GROUP OF THREE
ACCORD
- Article 15-14 contains a similar provision to the WTO Agreement on
Government Procurement. However, Article 15-14 does not apply to Colombia
and Venezuela. The tender documentation information requirements are
lesser for those two countries and consistent with their own national
legislation.
BILATERAL AGREEMENTS WITH MEXICO
- Article 14-14 of the Mexico-Bolivia Agreement and 12-14 of the
Mexico-Costa Rica Agreement contain a similar provision to the WTO
Agreement on Government Procurement.
BILATERAL AGREEMENTS WITH CHILE
3.7
Submission, receipt and opening of tenders and awarding of
contracts
WTO
- Submission: Tenders shall normally be submitted in writing
directly or by mail, or , if expressly permitted, by telex, telegram or
facsimile. When electronic transmission is used, the entity must confirm
promptly by letter or any of the electronic means allowed. The content of
the telex, telegram or facsimile prevails when there is a difference or
conflict between that content and any documentation received after the
time-limit (Article XIII.1 ).
- Receipt of tenders: Suppliers can not be penalized if a tender is
received after the time specified because of delays due solely to
mishandling on the part of the entity (Article XIII.2).
- Opening of tenders: Tenders must be received and opened under
conditions guaranteeing the transparency and regularity of such procedure
and consistent with the national treatment and non-discrimination
provisions of the GPA. Information on the opening of tenders shall remain
at the disposal of the competent authorities of the respective Party so
that it may be used to provide information or contest the act under the
bid challenge or dispute settlement mechanisms (Article XIII.3).
- Award of contracts: Entities are legally obliged to award
contracts to the tenderer who "has been determined to be fully capable of
undertaking the contract" and who is either (a) the lowest tenderer; or
(b) the tender which in terms of the specific evaluation criteria set
forth in the notices or tender documentation is determined to be the most
advantageous. The foregoing requirements do not need to be followed if the
procuring entity decides it is in the public interest not to issue the
contract. The entity must directly communicate to the suppliers or publish
a notice of the award of a contract in the appropriate publication, within
72 days after the award of the contract (Article XIII.4).
- Option Clauses: Option clauses shall not be used in a manner which
circumvents the provisions of the Agreement (Article XIII.5).
IDB
- As set out in paragraph 3.10 of the IDB?s Basic Procurement Policies
and Procedures, bids should be presented in writing in sealed envelopes
and must be safeguarded in a secure place. They must be signed by legal
representatives of the bidder and comply with the requirements established
in the bidding documents. Bids must be opened in public and at locations,
dates and hours previously announced.
- Representatives of the bidders and of the bank must be permitted to be
present at the opening of bids. Bids received after the date and hour
established for presentation of bids must be returned unopened.
- The name of each bidder, the price of each offer, and the time period
should also be read during the public session but after the presentation
of the principal offer. Minutes of the complete proceedings must be
prepared and signed by the representative of the borrower and by those
representatives of the borrower who desire to do so.
- The award should be made to the bidder whose offer has been determined
to be the lowest evaluated bid and has been determined to be substantially
responsive the bidding documents, and which meets standards of capacity
and financial responsibility. The Bank?s approval is required prior to the
awarding of a contract (paragraph 3.11 of the BPPP).
MERCOSUR
NAFTA
- Contains a similar provision to the WTO Agreement on Government
Procurement.
ANDEAN
GROUP
CENTRAL
AMERICAN COMMON MARKET
CARICOM
GROUP OF THREE
ACCORD
- Article 15-15 contains a similar provision to the WTO Agreement on
Government Procurement. However, it does not apply to Colombia and
Venezuela. Entities will use the procedures for presentation, reception
and opening of offers and awarding of contracts consistent with the
following: (a) The offers will be in writing and presented directly to the
entity or the Consulate of Colombia or Venezuela where the supplier is
located; and (b) offers made by telephone, telex, telegram, facsimile or
other electronic transmission means are not permitted. All offers will be
received and opened according to the procedures and conditions that
guarantee the regularity of such acts. The offers and the awarding of
contracts shall be carried-out in accordance with the criteria specified
in the invitation or the tender documentation.
BILATERAL AGREEMENTS WITH MEXICO
- Article 14-15 of the Mexico-Bolivia Agreement and 12-15 of the
Mexico-Costa Rica Agreement contain a similar provision to the WTO
Agreement on Government Procurement.
BILATERAL AGREEMENTS WITH CHILE
3.8
Negotiation with
tenderers
WTO
- Negotiations procedures may be conducted in the context of procurement
in which entities have indicated their intent to do so in the invitation
to participate, or when it appears from the evaluation that no tender is
obviously the most advantageous in terms of the specific evaluation
criteria set forth in the notices or tender documentation. Elimination of
participants in this context should be carried out in accordance with the
criteria set forth in the tender documentation. In case of modification of
the criteria, all remaining participants must be accorded an opportunity
to submit new offers (Article XIV of the GPA).
IDB
- Negotiation procedures with all tenderers allowed in the context of
direct contracting. In addition, negotiation is used in the context of
competitive bidding for the procurement of consulting services with the
bidder who obtained the best evaluated technical offer to determine the
price of the contract. If an agreement is not reached with the bidder
whose offer was the best evaluated offer the entity may negotiate with the
second.
MERCOSUR
NAFTA
- Article 1014 contains a similar provision to in the WTO Government
Procurement Agreement.
ANDEAN
GROUP
CENTRAL
AMERICAN COMMON MARKET
CARICOM
GROUP OF THREE
ACCORD
- Does not contain any provisions on negotiations with tenderers.
BILATERAL AGREEMENTS WITH MEXICO
- Does not contain any provisions on negotiations with tenderers.
BILATERAL AGREEMENTS WITH CHILE
3.9 Limited
tendering
WTO
- Provisions governing open and selective tendering procedures need not
apply provided that certain conditions are met. When using limited
tendering the entity contacts suppliers individually. However, this method
is to be used only when justified by any of the reasons provided in
Article XV and not as a means to discriminate among suppliers. These
reasons include: absence of tenders in response to an open or selective
tender; absence of competition for technical reasons connected with the
protection of patents or copyrights; reasons of extreme urgency or very
advantageous conditions which would only arise in the short term;
additional deliveries by the original supplier; procurement of prototypes
for a product developed for a particular contract for research or
experiment; additional construction services not included but intended to
be in the original contract; products purchased in a commodity market
(Article XV of the GPA).
IDB
- Limited international bidding (paragraph 4.1 of the BPPP). While
similar to international competitive bidding, limited international
bidding involves express invitations to predetermined firms rather a
public announcement. These firms must be qualified firms, selected in a
non-discriminatory manner, including eligible foreign firms, when
available. The Borrower must invite a sufficient number of firms to ensure
competitive prices. In general, the same principles and policies are
applied to limited bidding as to competitive bidding except, as mentioned
above, with regard to publicity. In addition, the rules for margins of
preference do not apply. Limited bidding, which must be authorized in
advance by the Bank, may be appropriate in cases such as:
(i) contracts for small quantities;
(ii) the failure of competitive public bidding;
(iii) the acquisition of highly complex specialized
products;
(iv) a limited number of suppliers of a specific article or
service;
(v) an urgent need for key materials;
(vi) the need to standardize equipment.
MERCOSUR
NAFTA
- Article 1016 contains a similar provision to that of the WTO Agreement
on Government Procurement.
ANDEAN
GROUP
CENTRAL
AMERICAN COMMON MARKET
CARICOM
GROUP OF THREE
ACCORD
- Article 15-16 contains a similar provision to the WTO Agreement on
Government Procurement. However, it does not apply to Colombia and
Venezuela, but they will not use limited tendering procedures or other
selection procedures in a way that diminishes or eliminates the benefits
of the Agreement.
BILATERAL AGREEMENTS WITH MEXICO
- Article 14-16 of the Mexico-Bolivia Agreement and 12-16 of the Mexico
Costa-Rica Agreement contain a similar provision to the WTO Agreement on
Government Procurement.
BILATERAL AGREEMENTS WITH CHILE
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