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SESSION III – Procurement and AfDB’s Policy Regarding Integrity and Anti-Corruption Procurement Policy for Projects Funded by the AfDB Group Fiduciary Services & Inspection Department

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Page 1: Procurement and AfDB’s Policy Regarding Integrity and Anti ... BOS-MARCH2018... · • Imposes sanctions in case of Fraud & Corruption Bank provides non-objection and comments on

SESSION III – Procurement and AfDB’s Policy Regarding Integrity and Anti-Corruption

Procurement Policy for Projects Funded by the AfDB Group

Fiduciary Services & Inspection Department

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Outline

1. Introduction to the AfDB Group

2. Bank-financed contracts data

3. Procurement relationships, methods and safeguards

4. Information on Business Opportunities

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1. Introduction to the AfDB Group

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The African Development Bank Group

AfDB Group

African Development Bank

African Development Fund

Nigeria Trust Fund

In Brief

Founded 1964

54 RMCs

26 Non RMCs

Our Clients

Middle-Income Countries

Low-Income Countries

Post-Conflict & Fragile Situations

Capital=USD 95 billion

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The African Development Bank Group

Japan

Tunisia

Egypt

Uganda

Malawi

Ghana

South Africa

Madagascar

Gabon

Mali

Nigeria

Tanzania

Zambia

Algeria

Ethiopia

Sudan

Kenya

Chad

Angola

Zimbabwe

Burundi

TogoCAR

Ivory Coast(HQ)

South Sudan

MauritiusMozambique

Liberia Cameroon

Burkina Faso Senegal

Sierra Leone

RwandaDRC

Morocco

30 Representations

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The Bank’s Assistance To Africa

Financing Products

Grants & Concessional Lending

Loans & Equity Investments

Type of Intervention

Projects & program-based operations

Technical Assistance

Non-project activities

Procurement

Goods

Works

Services

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Our Projects

Agriculture12%

Infrastructure45%Industry & Mining

4%

Finance13%

Social10%

Environment0%

Multi-sector 16%

Total Cumulative Approvals (1967-2016) amounts to

131 billion USD

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2. Bank-Financed Contracts Data

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-

500

1 000

1 500

2 000

2 500

3 000

0,00

0,50

1,00

1,50

2,00

2,50

3,00

2012 2013 2014 2015 2016

Value Number

Billion USD

Size of Operations

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Distribution of Contracts By Value (Million USD)

496635

397144 261

1 541

1 960

1 460

1 856 1 841

150 195 198 283 287

2012 2013 2014 2015 2016

Goods Works Services

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Distribution of Contracts By Number

546

687645

528595

9761 022

881

976 1 004

519

601638

858921

2012 2013 2014 2015 2016

Goods Works Services

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3. Procurement relationships, methods and safeguards

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Procurement Relationships

Borrowers

Contractors

Suppliers

Consultants

AfDB

Payment &

Dialogue

with

Industries

Complaints

Financing Agreement

Bank’s

Right to

Audit

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Roles and Responsibilities

• Advertises and Issues Bidding Documents

• Evaluates and Selects

• Provides responses to complaints from bidders

• Awards and Signs Contract

• Publicizes tender results

• Supervises Contract Execution

• Prepares SBDs for Use by Borrowers

• Provides Free Access to UNDB & AFDB

• Ensures processes meet procurement principles

• Provides of “No objection”

• Reviews complaints from bidders

• Seeks appropriate redress from borrowers

• Imposes sanctions in case of Fraud & Corruption

Bank provides non-

objection and

comments

on each stage of the

selection process

Bank is not a party

to Contract

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Eligibility

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Waivers:

• ADB-ADF jointly co-financed contracts

• Reliance on BPS or Third Party rules and procedures

• The Bank/EBRD MRA (others under negotiations, e.g. EIB)

• Case by case

ADFNTFADB

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The Procurement Framework

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Operations

Proc. Manual

Toolkit

Details the procedures including, the assessment of

country systems and the various procurement methods

Includes SBDs, Contract Forms, Guidance Notes, Case

Studies, Sample Forms…etc.

Policy

Methodology

Largely a principles’ based document, however it sets

undisputable standards

Articulate the different concepts and gives guidance on

how these terms will need to be implemented in

practice

Boa

rd A

ppro

val

Man

agem

ent

App

rova

l

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Procurement Principles

Economy Efficiency

Equity Effectiveness

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Main Features of the Bank’s Procurement Framework

Value for money

Risk based fit for purpose approach

Use of Borrower procurement system

Capacity building at country level

E-Procurement

Complaints

ERSP

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Main Features of the Bank’s Procurement Framework

Beneficial ownership

Development of national industries

Fragile situations

Co-financing

Contract monitoring

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Risk-based assessment of the

Borrower Procurement System

BPSs cannot be relied upon due to risks and

other factors

In FCS, emergency situations or when joint

co-financing

Use of Borrower Procurement System

in FULL

Use of Bank’s PMPS

Use of third Party rules and procedures

Selection of Procurement System

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Procurement Methods

Goods & Works

Open Competition

Detailed specs

Price major factor

No negotiation

One envelope / Multistage

Consultancy Services

TOR’s

Price can be a minor

Negotiation usual

Two envelope

Shortlisting

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Bank Oversight

Others (with MOU)

Prior Review

When Using Bank’s PMPs

When Using BPS

Procurement Audits

Post Review

When Using Third Party PMPs

Procurement Reports and Audits

Independent Procurement Review

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Handling Complaints

Central registry for complaints

Included dedicated mail address in all Solicitation Documents

PRC deliberations may be put on the website in redacted form

When complaints are received under BPS, the Bank will make sure that the country process has been followed

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Approach To Private Sector Operations

Accepted commercial practices

Conformity with the Procurement Plan

Fair market price

Adapting to various business models (PPP, etc.)

Post review

Ensuring Economy, Efficiency, Transparency and Open Competition for large contracts

Performance and contract management

Eligibility

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4. Information on Business Opportunities

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Important General Information

• Project information:

http://www.afdb.org/en/projects-and-operations/project-portfolio/

• AfDB Procurement Policy and Procedures:

http://www.afdb.org/en/projects-and-operations/procurement/new-procurement-policy/

• AfDB Standard Bidding Documents:

http://www.afdb.org/en/projects-and-operations/procurement/resources-for-borrowers/standard-bidding-documents/

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Specific Information

• General Procurement Notice (GPN):

http://www.afdb.org/en/projects-and-operations/procurement/resources-for-businesses/general-procurement-notices-gpns/

• Specific Procurement Notice (SPN):

http://www.afdb.org/en/projects-and-operations/procurement/resources-for-businesses/specific-procurement-notices-spns/

• UNDB journal / AfDB website

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Wining Contracts Under Bank Financed Projects

• Know your strengths, target your sector(s) and country(ies)

• Study the Bank CSP, Identify projects under preparation and appraisal

• Subscribe to updates and alerts on the Bank’s project portfolio and Tender Notice

• Study national market, establish partnerships with other firms at national level

• Identify executing agencies in countries beware of conflict of interest

• Study the Bank Procurement Policy Framework, Bank and Borrower SBDs

• Seek clarifications from contracting agency

• Prepare proposals/bids in accordance with ToRs and specifications

• Demonstrate technical and financial strengths and track record in specific fields

• Don’t contact the Bank• Avoid underbidding

• Demonstrate compliance with the Bank fraud/corruption Policy requirements

Anticipation

Bidding Period

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Wining Contracts Under Bank Financed Projects

• Perform as per the contract terms

• Control and avoid unfounded contract variations

• Variations above certain thresholds are not accepted by the Bank

Contract

Execution

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Building today a better tomorrow

Thank You