REGULATIONS IMPLEMENTING THE PROCEDURES FOR THE ACQUISITION OF GOODS AND SERVICES ORDERED BY THE BANK
Regulation no. 91-002 dated 22.7.91 repealing and replacing the provisions of Regulation no. 87-002 dated 26.08.87 implementing the procedures relating to the acquisition of goods and services ordered by the Bank.
******************
The Chairman,
Having regard to the Agreement dated November 14, 1973, establishing a West African Development Bank,
In view of Article 22 of the Articles of Association of the West African Development Bank,
In view of Regulation n°91-001 dated May 28, 1991 establishing the organization and operation of the West African Development Bank,
Has adopted the following regulations:
Article 1
The attached procedural manual for the acquisition of goods and services ordered by the Bank is applied.
Article 2
These regulations, which abrogate the provisions of regulation no. 87-002 of 26.08.87, take effect from the date of signature.
Lomé, July 22, 1991
By Abou Bakar BABA-MOUSSA
Chairman of BOAD
PROCEDURES FOR THE PROCUREMENT OF GOODS AND SERVICES ORDERED BY BOAD FOR ITS OPERATIONS
BOAD frequently uses suppliers of goods and services or service providers for the acquisition of equipment or furniture, or for maintenance work.
The purpose of these specifications is to specify the procedures for the acquisition of said goods and services and is based on the following points:
- scope of application,
- acquisition methods
- consultations,
- bidding requirements,
- quote from the supplier or service provider,
- opening of bids, selection of provisional winner and negotiations,
1. Scope of application
The provisions of these procedures apply to the acquisition of any goods (movable or immovable) or services required for the operation of the Bank’s head office and buildings leased on its behalf.
2. Acquisition modes
2.1. The goods and services referred to in paragraph 1.above are grouped by family in the month following the adoption of the Bank’s budget by the Board of Directors, and are procured by means of a call for tenders.
2.2. However, in exceptional circumstances, goods and services whose acquisition is of an urgent nature and whose value is equal to or less than one million (1,000,000) CFA francs, as well as routine building maintenance work: may be acquired, as and when justified, by the Director of the Department in charge of Procurement and Property by mutual agreement.
3. Consultation
3.1. The invitation to tender is drawn up by the Procurement and Asset Management Department with the assistance, where appropriate, of user departments and services, and is distributed to companies and service providers registered with the Bank.
3.2. The invitation to tender must include, in addition to the subject of the consultation, the closing date for receipt of tenders by the Bank and the words “TENDERS FOR …TO BE OPENED ONLY IN SESSION”.
3.3. The notice of call is signed by the Director of the Procurement and Heritage Department.
3.4. When a direct agreement is justified, the Director of the Department in charge of Procurement and Heritage directly consults the companies he considers suitable and awards the contract to the company offering the best quality-price ratio, after consulting the user departments or services and the Department in charge of the Budget.
4. Tender requirements
4.1. Any company (legally constituted legal entity or sole proprietorship) whose object/activity is related to that of the consultation may submit a bid.
4.2. The bidding company must provide the Bank with proof :
- its entry in the commercial register of the district in which it has its registered office or domicile;
- that it is in good standing with its country’s tax authorities;
- technical references.
5. Supplier or service provider submission
The supplier or service provider draws up its tender in accordance with the requirements of the consultation letter. He provides all the technical details needed to fully understand the scope of his offer. It may, if necessary, make changes to the consultation letter if technological developments so require. The submission letter must be received by the Bank no later than the deadline for submission of bids.
6. Tender opening – Selection of provisional winner – Negotiations
6.1. After the deadline for submission of bids, and in any case within one week of this date, the Procurement Department responsible for Procurement and Heritage sets up an ad hoc committee to examine and analyze the bids.
The ad hoc commission will comprise :
- a representative of the Procurement and Heritage Department: Chairman,
- a representative of the department or service requesting the goods or services covered by the bids: Rapporteur,
- a representative of the Budget Department: member,
- an employee representative.
It may, if it considers it necessary, call on the assistance of a legal expert.
6.2. The Commission has 10 working days from the date of its installation to submit its report on the opening and analysis of bids to the Chairman or his delegate.
6.3. Tenders are analysed and the successful tenderer selected on the basis of objective criteria which will be clearly described in the minutes of the opening and analysis, and in particular, if applicable, on the basis of the following criteria
hereafter: compliance with the tender notice and technical specifications, qualification, reference and experience of the supplier or service provider, after-sales service and cost.
6.4. The Commission must give clear reasons for its choice of provisional successful tenderer(s) and, where appropriate, propose an outline for negotiations.
6.5. The Commission must give clear reasons for its choice of provisional successful tenderer(s) and, where appropriate, propose an outline for negotiations.
6.6. Reports on the Commission’s work are sent to the Chairman or his delegate, who decides what action to take.
6.7. Negotiations between the provisional winning bidder(s) and the Bank take place at the Bank’s headquarters in the presence of all the members of the ad hoc Committee in accordance with the outlines adopted by the Chairman or his delegate.
6.8. At the end of the negotiations, minutes will be drawn up and submitted to the Chairman or his delegate for decision.
7. Warranties
7.1. If the nature of the goods or services so requires, suppliers will be required to provide guarantees whose scope and duration will not only be compatible with the nature of the material but also sufficient to safeguard the Bank’s interests.
Depending on the nature of the goods or services concerned, the following guarantees will be provided:
- a bank guarantee for the start-up advance or the order deposit;
- a holdback or bank guarantee, which can only be paid or released on final acceptance;
- technical quality control by an independent body, where necessary.
7.2. In all cases, payment terms must be set in such a way as to safeguard the Bank’s interests.
