The legal documents of bidding and purchasing of World Bank loan projects are loan agreement and project agreement, in which bidding and purchasing are briefly stipulated. For detailed provisions, please refer to the Guide for Purchasing Loans from IBRD and IDA Credit (hereinafter referred to as the Guide for Purchasing Goods and Projects), the Guide for Lending from IBRD and IDA Credit Procedures, the Guide for Borrowers to Select and Hire Consultants from the World Bank (hereinafter referred to as the Guide for Purchasing Consulting Services) and the Guide: SE. Election of Borrowers and Engagement of Consultants in the World Bank (hereinafter, unless otherwise specified, "procurement guide" refers to the above two guides). The original text of "Procurement Guide" is in English, and the interpretation shall be subject to English. The provisions on procurement in the loan agreement and project agreement of the World Bank loan project do not stipulate the procurement method and review, but only indicate the relevant chapters of the applicable Procurement Guide to simplify the length of the loan agreement and project agreement. The loan agreement and project agreement must be read and used together with the procurement guide to be complete.
Documents related to the bidding and procurement of World Bank loan projects include the appendix "Procurement" of the loan project evaluation report (PAD), the procurement plan prepared by the project unit, the World Bank loan procurement policy (OPll), the procedure (BPll), the standard tender document (SBD) and the procurement manual.
The bidding and purchasing of World Bank loan projects must use the standard bidding documents (SBD) formulated by the World Bank, and the applicable laws are stipulated in the bidding documents of specific loan projects. Borrowing countries can choose to apply their own laws. Because China's bidding law is not completely consistent with the World Bank's regulations, loan agreements for World Bank loan projects generally contain clauses restricting domestic bidding methods, such as the lowest bid evaluation method for engineering and goods evaluation and the "pass/fail method" for prequalification, and there is no limit on the number of applicants who have passed the prequalification and the number of bidders with less than three.
(2) World Bank loan project procurement regulations
Article 1.2 of the Guide to Procurement of Goods and Construction stipulates that the procurement policy of World Bank loan projects is economical, effective and transparent, which provides competitive opportunities for institutions of member countries and encourages borrowing countries to develop their own industries. The way to encourage borrowing countries to develop their own industries is that contractors, consultants and products manufactured by borrowing countries enjoy domestic preferential treatment in international competitive bidding and evaluation. The prequalification method of the World Bank loan project procurement project and goods is qualified or unqualified, and the bid evaluation method is the lowest bid evaluation price that substantially responds to the bidding documents. The consultation service proposal review is the consultant with the highest comprehensive score of technology and quotation.
Article 1.5 of the Procurement Guide for Goods and Construction stipulates that all or part of the contracts using World Bank loan funds must be purchased in accordance with the provisions of the Procurement Guide for the World Bank. Contracts that do not use World Bank loan funds can be purchased according to other procedures (such as the policies and procedures of the borrowing country), but the results of contract procurement (quality, time and price) must be effective for the loan project, coordinated with other parts of the project, and uneconomical for the project.
(3) Working language
The working languages of the World Bank are English, French and Spanish. The procurement documents of the World Bank are mainly in English. The international bidding language for World Bank loan projects must be one of English, French or Spanish. In addition, the borrower can also prepare and publish the tender documents in the borrower's native language, and the bidder can choose to bid and sign the contract in English, French, Spanish or the borrower's native language. Domestic bidding for World Bank loan projects can only be compiled and published in the borrower's native language.