ADB Business Opportunities Seminar PROCUREMENT AND CONSULTING SERVICES -TIPS FOR BIDDING- Vienna, Austria 21 November 2018

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ADB Business Opportunities Seminar PROCUREMENT AND CONSULTING SERVICES -TIPS FOR BIDDING- Vienna, Austria 21 November 2018 C. Janyna Rhor Principal Procurement Specialist Procurement, Portfolio and Financial Management Department

Bidding Strategy Advice on Bid Preparation

Think strategically! Position yourself according to your competitive advantage Ability to operate in countries that do not generate significant bidder interest Afghanistan Cambodia Pakistan Solomon Islands Papua New Guinea Timor-Leste and other Pacific Island Countries Experience in the country and with executing and/or implementing agencies Access to information on local joint venture partners and subcontractors Access to information on availability of key inputs Construction Materials Labor force Equipment and construction machinery

BIDDING DOCUMENT Bid Conditions Qualification Criteria Requirements Contract Conditions Seek clarification: Don t wait til it s too late! POTENTIAL ISSUES Unreasonable bid preparation period Unclear which entity must comply with qualification criteria Ambiguous criteria Restrictive criteria Incomplete, unclear or restrictive requirements Unreasonable contract completion period Unbalanced risk allocation Write to ADB directly if the executing / implementing agency fails to respond promptly or there is a complaint against the executing / implementing agency

Do not add conditions Advice on Bid Preparation --- What to do --- Submit bid within the stipulated deadline Ensure following steps are taken by the EA at bid opening: All relevant prices are read out All discounts are read out Presence and amount of bid security is read out No envelop remains unopened The record is signed by all bidders present and Be Aware of Possible Bid Extension

Advice on Bid Preparation --- What to do --- Final check of the bid Amount, validity and text of Bid Security (if requested) Signatures and power of attorney Joint venture agreement enclosed References enclosed Discounts in covering letter or appropriate place as specified in the bidding document Marking of envelopes as appropriate

No Bid Security (if required) Insufficient Amount or shorter period of validity of Bid Security Lack of Supporting Documents Incomplete Bids Partial Bids Absence of test reports if required Bids not signed Advice on Bid Preparation --- What not to do --- Conflicts of interest not disclosed

Avoiding Common Mistakes: Consulting Services Failure to disclose conflicts of interest, e.g. employees from an executing agency included in a proposal Firm or associates/experts not from ADB member countries Proposal received late: insufficient time afforded to enter a proposal into CMS Non-compliant proposal e.g. number of person-months or inclusion of non-nationals for national expert positions Failure to respond to Client TOR requirements When in doubt, ALWAYS seek written clarification

Prohibited Practices corrupt practice means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party fraudulent practice means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation coercive practice means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; collusive practice means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party

Debriefing: Unsuccessful bidders may request debriefing from Executing or Implementing Agency (EA / IA). If they are not satisfied with the explanation given, they may contact ADB directly. Debriefing and Complaints Complaints: Bidders may file complaint directly with ADB and may copy ADB on correspondence with Executing or Implementing Agencies (EAs / IAs). How to report fraud: www.adb.org/site/integrity/how-to-report-fraud

www.adb.org THANK YOU! For further information please contact C. Janyna Rhor at cjrhor@adb.org or call +63 2 632 4719