BENCHMARKING PUBLIC PROCUREMENT | 2017 ASSESSING PUBLIC PROCUREMENT REGULATORY SYSTEMS IN 180 ECONOMIES  016 International Bank for Reconstruction and Development / ©2 The World Bank 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this work is subject to copyright. Because The World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for noncommercial purposes as long as full attribution to this work is given. Any queries on rights and licenses, including subsidiary rights, should be addressed to World Bank Publications, The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. BENCHMARKING PUBLIC PROCUREMENT | 2017 ASSESSING PUBLIC PROCUREMENT REGULATORY SYSTEMS IN 180 ECONOMIES 1 WORLD BANK GROUP 2 BENCHMARKING PUBLIC PROCUREMENT • 2017 Table of contents Foreword 5 Acknowledgments 6 Abbreviations 9 Glossary 10 Executive Summary 13 1. About Benchmarking Public Procurement 16 Thematic pillars 18 Data collection and methodology 22 Geographic coverage 24 Report limitations 26 2. Data Highlights 27 2.1 Procurement Life cycle 28 a. Online access to information and services 28 b. Bid security deposits, performance guarantees, and timeliness of payment 33 2.2 Filing a complaint 38 a. First-tier review 39 b. Second-tier review 41 c. Publication of review decisions 43 Conclusion 43 Appendix A. 44 How the Benchmarking Public Procurement 2017 Indicators are scored Appendix B. 49 Cities covered in each economy by the Benchmarking Public Procurement 2017 Report Economy datasheets 51 Notes 232 References 234 Contributors 236 3 WORLD BANK GROUP 4 BENCHMARKING PUBLIC PROCUREMENT • 2017 Foreword Public procurement is a powerful lever for achieving Information capturing contract modifications, post-award economic, environmental, technological, and social goals. contract management, and deliverables is important In recent years, the amount of procurement expenditure to measure the performance of public procurement has been increasing, and with it, so has public demand markets. Was the road built? How long did it take? Did for greater transparency and efficiency. the price differ between the original contract and the final project? Yet essential information like this is nearly Despite its importance and the greater attention being impossible to find. paid to public procurement, global information about the public procurement market is still scarce. Comparable, This edition of Benchmarking Public Procurement reliable, and systematically collected information is presents global data and analysis examining the crucial for all stakeholders involved in the procurement legal and regulatory environments that affect the process: from the private sector companies that submit ability of private sector companies to do business bids, in order to take advantage of procurement with governments. The report draws on readily opportunities and optimize their chances of accessing comparable data across two thematic pillars: the the public market; to government entities that seek procurement process, from the assessment of goods and ser¬vices, in order to ensure that they are needs to the implementation of the procurement informed of what the market has to offer and to achieve contract; and public procurement complaint review better value for money; and ultimately to citizens, who mechanisms. The report covers 180 economies—103 want to ensure than their tax money is being spent more than the previous edition—in order to enhance wisely on high-quality public goods and services. global understanding of laws and regulations that affect private suppliers’ participation in the public Surprisingly, reliable statistics on the size of public procurement market. procurement in economies around the world are still not available. While this information can be found for high- The data reveal the magnitude of the challenge that income economies, data and studies are scarce for the many countries still face in establishing legal and rest of the world. Competition in procurement markets regulatory environments that enhance efficient and is critical to enable governments to achieve better value transparent public procurement markets. By informing for public money. Without good information, how can policy discussions and research, Benchmarking Public suppliers be aware of procurement opportunities, or Procurement 2017 aims to strengthen the role of public on which basis do procuring entities select the winning procurement as a stimulus for economic growth and bids? Measuring these competition-related aspects private sector development. in a comparable way is not possible at a global level. Christopher Mark Browne Augusto Lopez Claros Chief Procurement Officer Director, Global Indicators Group The World Bank Group The World Bank Group 5 WORLD BANK GROUP Acknowledgments The Benchmarking Public Procurement 2017 report was The team is indebted to the following individuals for prepared by a team led by Federica Saliola with the pro bono feedback and guidance at various stages of support of Tania Ghossein under the general direction of the project’s development: Jose Arrieta (U.S. Treasury), Augusto Lopez-Claros. Digby Barker (Blue Yonder), Sylvain Boueyre (Navacelle Law), Nathaniel Edward Castellano, Sui Cher Nah, Jorge The thematic topics were led by Maria Paula Gutierrez Claro (International Procurement Institute), Pascal David, Casadiego and Sophie Pouget. The core team members Simeon Djankov, Lorna Farre (Mairie de Paris), Roger are: Natalia Del Valle Catoni, Khasankhon Khamudkhanov, Fiszelson (Frilet Avocats), Marc Frilet (Frilet Avocats), Raquel Maria Mayer Cuesta, and Dima Rbeiz. The Prabhat Garg (Millenium Challenge Corporation), Gary following members provided significant support to the Litman (U.S. Chamber of Commerce), Clara Lombard project: Yahia Abu Hashem, Nasser Alreshaid, Iana Djekic, (Earth Avocats), Stephane de Navacelle (Navacelle Elisabeth Danon, Maureen Itepu, Hanane Lahnaoui, Law), Caroline Nicholas (United Nations Commission Helene Candice Larroque, Vanessa Onguti, Mikel Tejada on International Trade Law), Tom Petruska (Contracts Ibanez, Zeina Traboulsi, and Elisa Yoshiara. Unlimited Incorporated), Felix Prieto (Inter-American Development Bank), Nicolas Reigner (Green Solution), Interns who assisted in the data collection and legal Maria Eugenia Roca (Inter-American Development research under the team members’ supervision include Bank), Angela Russo (CONSIP), Steven Schooner (George Esna Abdulamit, Abdullah Alsbeey, Charlotte Baskin Washington University), Raj Sharma (Censeo Consulting), Gerwitz, Manisha Basnet, Ana Chikovani, Jean Nicolas Keaston D. Simmons (Management Concepts), Peter Citti, Jean Pierre Denour, Karla Dittman, Anthony Fadel, Smith (Crown Agents), Collin Swan (Georgetown Deepali Gautam, Heena Gupta, Melika Hadziomerovic, University Law Center), and Khi Thai (Florida Atlantic Daniel Han, Kara Hong, Yujin Jeong, Amelie Kluyskens, University), Christopher Yukins (George Washington Dufié Kufuor, Nadine Lavinal, Beatrice Leydier , Xiao University Law School). Liu, Julia Liu, Filippo de Luca, Emmanuel Maliganya, Dorsaf Matri, Chad Marler, Melissa Morgans, Marie-Claire The team would also like to thank its many colleagues Njeimbe, Karoline Nunez, Vanessa Onguti, Gabrielle at the World Bank Group for valuable guidance. It would Orliange, Beenish Pervaiz, Warner Santiago, Louis-Marie especially like to acknowledge the comments and Savatier, Wuping Ye, Terrence Zilong Zhang, Huiqi Zhao, assistance received from Hisham A. Abdo Kahin, Junaid and Patricia Lauren Zuniga. Kamal Ahmad, Asif Ali, Nazaneen Ali, Jamal Al-Kibbi, Lucia Silva Aranguri, Elmas Arisoy, Bhanoumatee (Asha) Ayoung, 6 BENCHMARKING PUBLIC PROCUREMENT • 2017 Majed El Bayya, Karim Belayachi, Livia M. Benavides, provided assistance in the data collection process and in Diomedes Berroa, Eric Blackburn, Alexandre Borges de reaching out to government officials in their respective Oliveira, Erica Bosio, Christopher Mark Browne, Sally L. economies. Burningham, Gustavo Canu, Laurence Carter, Shubham Chaudhuri, Constantine Chikosi, Chenjerani Simon Chirwa, The project was made possible by the generous financial Souleymane Coulibaly, Andrew William Cooper, Andrea support of the United States Agency for International Coppola, Elena Corman, Cristiano Costa e Silva Nunes, Development (USAID), the World Bank Multi-Donor Inguna Dobraja, Pascale Dubois, Paul Ezzedin, Abdoulaye Research Support Budget, and the Department of Foreign Fabregas, Lina Fares, Manuela V. Ferro, Adrian Gonzalez, Affairs and Trade of the Australian Government. Felipe Goya, Olivier P. Godron, Elizabeth Grandio, Ana Grofsmacht, Faris H. Hadad-Zervos, Clive Harris, Jesko S. The Benchmarking Public Procurement online database Hentschel, Brook Stephen Horowitz, Joseph Huntington La in managed by Vinod Kumar Vasudevan Thottikkatu, Cascia, Elisabeth Huybens, Asif Mohammed Islam, Melissa supported by Andres Baquero Franco, Kunal Patel, and Marie Johns, Rajni Khanna, V.S. Krish Krishnakumar, Hashim Zia. The report’s media and outreach strategy is Shanker Lal, Alvaro Larrea, Enzo de Laurentiis, Zhentu Liu, managed by Indira Chand. Monica Lehnhoff, Belita Manka, Pierre Nadji, Joao Nuno, Vian Lanceiro da Veiga Malta, Jimena Jesus Mejia, Kouami The report was edited by Nancy Morrison and designed Hounsinou Messan, Alison Micheli, Nadir Mohammed, by a team at Base Three LLC, led by Dania Kibbi and Shabih Ali Mohib, Renato Nardello, Naa Dei Nikoi, Karina Marianne Siblini. V. Olivas, Sunday Esene Osoba, Elisabetta Piselli, Piathida Poonprasit, Idah Pswarayi-Riddihough, Rita Ramalho, Benchmarking Public Procurement would not have been Jose Yukio Rasmussen Kuroiwa, Marcela Rozo, Fernanda possible without the generous contribution of a network Ruiz Nunez, Martin Sabbatella, Armando Sanjines, Ibrah of more than 1,800 local partners, including legal experts, Rahamane Sanoussi, Abdoulaye Seck, Chitambala John private sector firms, academics, government officials, and Sikazwe, Anand Kumar Srivastava, Iuliana Stratan, Hiba other professionals who routinely administer or advise Tahboub, Yolanda Tayler, Gerelgua Tserendagva, Joel on the relevant legal and regulatory requirements in the Turkewitz, Justin Andrews Valentine, Joao N. Veiga Malta, 180 economies measured. The names of those wishing Jean-Jacques Verdeaux, , Barnaby John Wiles, Luciano to be acknowledged individually are listed at the end of Wuerzius, Emmy Yokoyama and Ulrich Zachau. Country this report and are made available on the Benchmarking Management Units within the World Bank Group kindly Public Procurement website: http://bpp.worldbank.org. 7 WORLD BANK GROUP 8 BENCHMARKING PUBLIC PROCUREMENT • 2017 Abbreviations EU European Union OECD Organisation for Economic Co-operation and Development SMEs small and medium enterprises UN United Nations UNCITRAL United Nations Commission on International Trade Law WTO World Trade Organization Regions EAP East Asia and Pacific ECA Europe and Central Asia LAC Latin America and the Caribbean MENA Middle East and North Africa OECD high-income High-income members of the OECD SAR South Asia SSA Sub-Saharan Africa 9 WORLD BANK GROUP Glossary Bid Complaint mechanism An offer submitted by a bidder in response to a call Formal objection, protest, or request to review the acts, for tender to supply goods, perform works, or provide procedures, and decisions of a procuring entity when services. they are contrary to the legal framework or to the rules and principles applicable to a particular procurement Bid evaluation process. Method the procuring entity uses to compare and assess submitted bids in relation to the evaluation Contract award notice criteria and technical specifications established for each The document setting out the winning bidder and the procurement. points concerning the conditions in which the contract has been awarded. Bid security Security required from bidders by the procuring entity Cost to secure the fulfillment of obligations. It includes Official fees and charges incurred by suppliers arrangements such as bank guarantees, surety bonds, throughout the public procurement process. Unofficial stand-by letters of credit, checks for which a bank or unlawful payments or bribes are not counted as is primarily liable, cash deposits, promissory notes, costs. Professional fees (for lawyers or other experts) are and bills of exchange. It excludes any security for the counted as a cost only if suppliers are required to use performance of the contract (UNCITRAL Model on Public such services by law. Procurement of 2011). E-procurement Bid opening The integration of digital technologies in the A stage in the tendering proceedings that involves public replacement or redesign of paper-based procedures opening of tenders and the announcement of the name throughout the procurement process (OECD and address of each supplier or contractor whose tender Recommendation of the Council on Public Procurement is opened and the tender price to those present at the of 2015). opening. First-tier review Bidding documents (tender documents) The first instance where a complaint is reviewed by a Documents presenting the terms of tender, the general procuring, administrative, or judicial body. conditions of the contract, and the tender specifications. Independent administrative review body Call for tender A government body independent of the procuring entity The call for tender is the public invitation for all and that has judicial-type procedural rules to conduct suppliers to submit bids to supply goods, perform works, an administrative review of public procurement acts and or provide services. decisions. 10 BENCHMARKING PUBLIC PROCUREMENT • 2017 Legal/regulatory framework Procurement official Applied to the Benchmarking Public Procurement Public official who is directly or indirectly involved in the indicators, the framework comprises all public public procurement process. procurement laws and regulations, legal texts of general application, binding judicial decisions, and Procurement plan administrative rulings in connection with public Plan of expenditure issued by the government to procurement. establish its procuring needs over a delimited period of time (a year, half a year, or a trimester). Open tendering Method of procurement involving public and unrestricted Procuring entity solicitation under which all interested suppliers can Any public entity that engages in public procurement in submit a bid. accord with the national or local procurement regulatory framework. Performance guarantee Security against the breach of the procurement contract Remedies by the supplier or contractor presented to the procuring Relief measures that a complaining party is entitled to entity in the specified form and amount. receive as compensation for losses and/or harm or to restore an infringed right. Pre-award review Review conducted on the basis of a complaint Second-tier review challenging the procurement process before the award A second instance where the decision of the first-tier of the contract (on grounds such as irregularities in the review body is appealed. specifications of the tender documents or violations of procedural requirements). Standing Procurement contract The ability of a party—in this case, a supplier and/or bidder—to bring suit against the procuring entity. Awarded to the supplier that submitted the winning bid, this contract establishes the details of the execution of Tender the procurement between the procuring entity and the supplier. The tender designates the proposal, or bid, submitted by a supplier in response to a call for tender. Procurement life cycle Tender notice The procurement life cycle starts with the needs assessment by the procuring entity and ends with the The document inviting all suppliers to submit bids to execution of the contract. supply goods, perform works, or provide services. 11 WORLD BANK GROUP 12 BENCHMARKING PUBLIC PROCUREMENT • 2017 Executive Summary The public procurement market is vast, Despite the importance of the public procurement market, little effort has been made to systematically and and the range of economic sectors it consistently collect reliable statistics on a number of critical dimensions. To date, no attempt has been made encompasses is as wide as the needs to collect comparable statistics on the size of public of governments to function properly procurement in economies around the world. 2 While data are publicly available for High-income economies, for the and deliver services to their citizens. rest of the world, data and studies are scarce. However, public procurement is as important in developing Governments turn to the private sector countries as it is in advanced economies. Governments to supply goods and services to build in developing countries are significant purchasers of good and services, and these markets represent huge schools, purchase hospital supplies, opportunities to enhance competition and development. Low-income countries have the highest share of public secure computer services in public procurement in their economies, at 14.5 percent of buildings, renew a fleet of city buses, or GDP, followed by upper-middle income countries, at 13.6 percent, as data from government sources or construct a new road.1 international development institutions indicate. International statistics fall short in systematically and comparably capturing a number of other important dimensions of public procurement, including the regulatory and legal environment, risks and costs, quality and efficiency of service delivery, transparency and competition. 1 World Bank 2016. 2 Djankov, Islam, and Saliola 2016. 13 WORLD BANK GROUP Benchmarking Public Procurement aims to fill some Data highlights of these knowledge gaps. The 2017 report provides a comparative evaluation of legal and regulatory Payment delays. Delays in payment hinder participation environments that affect the ability of private sector by private firms in the public procurement process— companies to do business with governments in 180 especially small and medium enterprises (SMEs) that economies. Benchmarking Public Procurement 2017 struggle with limited cash flow. Suppliers need to obtain covers two thematic pillars: the procurement process, payment in a timely and reliable fashion; otherwise, from needs assessment to the implementation of their liquidity and profits can be impaired, reducing the procurement contract; and complaint review economic growth. Benchmarking Public Procurement mechanisms. The indicators cover eight important areas: data show that the higher the income level, the fewer the number of days suppliers must wait to get paid. Delays average 30 to 60 days in 9 of the 32 high-income economies, while the remaining 23 ensure timely Needs assessment, call for tender, and bid preparation: payments to suppliers. Delays are still common across The indicators assess the quality, adequacy, and all regions, and payments are timely in only one-third transparency of the information provided by the of the economies measured. For example, suppliers procuring entity to prospective bidders. in the Dominican Republic, Equatorial Guinea, Gabon, Bid submission phase: The indicators examine the Guinea-Bissau, Iraq, Trinidad and Tobago, and Vanuatu requirements that suppliers must meet in order to bid must wait more than six months to receive payment from effectively and avoid having their bid rejected. purchasing entities. Bid opening, evaluation, and contract award phase: Bid security deposits and performance guarantees. Bid The indicators measure the extent to which the security deposits ensure serious offers and guarantee regulatory framework and procedures provide a fair and that bidders will not withdraw their bids from the transparent bid opening and evaluation process, as well procurement process in an untimely manner. While as whether, once the best bid has been identified, the there is no clear good practice as to the amount that contract is awarded transparently and the losing bidders should be requested, there is agreement that it should are informed of the procuring entity’s decision. not be set so high as to hinder participation or so low as to allow frivolous offers. Most economies have bid Content and management of the procurement contract: security and performance guarantee requirements, The indicators focus on several aspects during the but they do not always regulate them. In 32 economies contract execution phase related to the modification where bid security is required by the legal and regulatory and termination of the procurement contract, and the framework, there is no provision limiting the discretion procedure for accepting the completion of works. of the procuring entity with regard to the amount, which may cause financial uncertainty and can be a burden for Performance guarantee: The indicators examine suppliers interested in bidding for a public tender. This the existence and requirements of the performance is the case, for example, in Eritrea, Kiribati, the Federated guarantee. States of Micronesia, and Myanmar. Similarly, when it Payment of suppliers: The indicators focus on the time comes to performance guarantees, only 77 economies and procedure needed for suppliers to receive payment provide the winning bidder with options regarding the during the contract execution phase. form of performance guarantee. Complaints submitted to the first-tier review body: The Digitalization of the procurement process. Economies indicators explore the process and characteristics of in all regions are implementing reforms to conduct filing a complaint before the first-tier review body. the procurement process online. However, a wide gap remains between economies that do not yet have Complaints submitted to the second-tier review body: an online portal dedicated to public procurement The indicators assess whether the complaining party can and other economies that have sophisticated appeal a decision before a second-tier review body and, e-procurement platforms that offer a range of if so, the cost and time spent and characteristics for such services (and economies in between that offer limited a review. information). Twenty-six of the 180 economies measured, including Belize, Djibouti, Grenada, and Malawi, do not have an electronic portal specifically dedicated to 14 BENCHMARKING PUBLIC PROCUREMENT • 2017 public procurement. The lack of such a portal means filing a complaint before a contract is awarded. Bidders that suppliers may not have access to procurement must wait until the tendering process is concluded to opportunities and associated information. Disparities protest any irregularity. This may limit the effectiveness in information (information asymmetries) between the of corrective measures that the review body can take. parties in a procurement process can give some parties an unfair advantage. Information and communications Time needed to resolve complaints. Timely resolution of technology (ICT) tools can help close information gaps complaints, as well as the presence of legal time limits, and curb such opportunistic behavior. The amount of increases the private sector’s trust in the system and information published on the internet differs across encourages its participation in public tendering. Not only economies, even within the same geographical region. must suppliers be confident that their complaints will be In Latin America and the Caribbean, for example, of resolved without delay, but they should also be assured 30 economies covered in the region, 3 do not publish that their protest will be given an appropriate amount of any procurement-related information besides their time to be reviewed. The time needed for review bodies procurement laws, while 13 make all procurement- to issue decisions differs greatly, ranging from 2 to 450 related information available to suppliers. days. Moreover, the time needed for review decisions to be issued is not correlated with the income level of Complaint mechanisms. The existence of a fair and the economies. Even in OECD high-income economies, transparent complaints mechanism bestows confidence delays occur. It can take as long as 360 days for review in the procurement process because it increases the decisions to be rendered in Luxembourg, and 450 days likelihood that the procurement will be carried out in Ireland. Timeliness and efficient reviews are standard in a more impartial and transparent manner. While in 36 economies, half of which are in the Europe and disgruntled bidders should have the right to file a Central Asia region, where review bodies generally abide complaint at any stage of the procurement process by the time limits set by law. (both before and after the award is granted), this possibility is not always built into the procurement Benchmarking Public Procurement 2017 presents process. In 10 economies (Antigua and Barbuda, El comparative data across 180 economies on the areas Salvador, Eritrea, Indonesia, Iraq, Jordan, Peru, Qatar, covered above and more. Samoa, and the West Bank and Gaza), the legal framework does not even contemplate the possibility of References Djankov, S., A. Islam, and F. Saliola. 2016. Is Public Procurement a Rich Country’s Policy? http://bpp.worldbank.org/. World Bank. 2016. Doing Business 2017: Equal Opportunity for All. http://doingbusiness.org/reports/global-reports/doing- business-2017. 15 WORLD BANK GROUP About 1 Benchmarking Public Procurement 2017 16 BENCHMARKING PUBLIC PROCUREMENT • 2017 Public procurement is the largest The core principles of public procurement—transparency, equal treatment, open competition, and sound single marketplace in developing and procedural management—should underlie every transaction that takes place when the government developed economies, accounting for purchases goods or services from a private supplier. around one-fifth of global GDP. Given its Transparency is essential at every stage of the process; a legal procurement system that ensures transparency size, a transparent, fair, and competitive creates an enabling environment for competition. By promoting the goals of transparency and competition, public procurement system can generate governments can make sure that the allocation of public business opportunities, foster innovation, resources and funds will be optimized by contracting with the most appropriate bidder for the tender and and drive economic growth.1 Regulating procuring the best quality of goods, works, and services at the best price. the way public authorities purchase An effective means of ensuring value for money in the goods, works, and services is critical award of contract is by allowing all qualified suppliers to creating a level playing field for all to bid for public contracts. The competitive tendering method will provide a range of contractors with variety businesses and ensuring more effective of goods, works and services, enabling an organization to select the best available option, all things being and more citizen- and business-friendly equal.2 Conversely, ineffective and nontransparent public public procurement systems. procurement rules can result in the public purchase of goods and services at inflated prices and can encourage rent-seeking by private companies.3 Launched in 2013, Benchmarking Public Procurement focuses on legal and regulatory environments that affect the ability of private sector companies to do business with governments. It aims to promote evidence-based decision making by governments and to build evidence in areas where few empirical data have been presented so far. As researchers recognize, “the comparison of different forms of regulation and quantitative measurement of the impact of regulatory changes on procurement performance of public entities will help reduce the costs of reform and identify and disseminate best practices.”4 The Benchmarking Public Procurement 2017 report presents comparable data on public procurement laws and regulations across 180 economies to meet the various needs of different stakeholders for information, analysis, and policy action. It provides private sector firms with insights on issues involving their participation in the public procurement market, while offering policy makers information on their country’s public procurement regulatory system and related business practices. The data also benefit the academic and research community by offering better tools and data on procurement systems and facilitating cross-country analysis. 17 WORLD BANK GROUP Benchmarking Public Procurement builds on the Such initiatives include the Public Expenditure and World Bank Group Doing Business methodology, a Financial Accountability (PEFA) framework and the flagship report with a proven track record of measuring Methodology for Assessing Procurement Systems (MAPS) economies’ business climates and leveraging regulatory of the Organisation for Economic Co-operation and reforms.5 The data collected for Benchmarking Public Development (OECD). Procurement 2017 were used for the Doing Business 2017 publication, which this year includes an analysis on Benchmarking Public Procurement 2017 builds on the the ease of private suppliers selling to the government. lessons learned from two previous data collection cycles In addition, the Benchmarking Public Procurement and their consecutive analysis and reports: methodology was replicated and expanded to cover · Benchmarking Public Procurement 2015, which the procurement of public-private partnerships (PPP). covered 10 economies (Afghanistan, Chile, Ghana, A stand-alone report assessing governments’ capability Jordan, Mexico, Sweden, Thailand, Turkey, Uganda, and to prepare, procure, and manage PPPs in 82 economies the United States). Data were also collected later in was produced and the complete dataset can be found at the Russian Federation.7 http://bpp.worldbank.org/.6 · Benchmarking Public Procurement 2016, which Benchmarking Public Procurement also complements expanded geographical coverage to include 77 other initiatives that enhance the transparency of economies in seven regions.8 public finances in general, and assess the quality and effectiveness of procurement systems in particular. 18 BENCHMARKING PUBLIC PROCUREMENT • 2017 Thematic pillars Two thematic pillars are covered by the Benchmarking sure that enough guarantees are in place to protect Public Procurement 2017 report:9 the fairness and efficiency of the process. 1. The procurement process, from the needs Areas covered: Procedure for opening bids (online assessment to the implementation of the bid opening sessions, bid opening sessions open to procurement contract. the public); existence of a preferential treatment for domestic firms; bid evaluation criteria; notification 2. The public procurement complaint review to unsuccessful bidders; and signing, form, and mechanisms. content of the procurement contract. The indicators zero in on eight key areas of the public  ontent and management of the procurement 4. C procurement process. contract 1. N  eeds assessment, call for tender, and bid Rationale: The management of the contract is as preparation important as the bidding process. Procurement contracts must be managed in a prompt and Rationale: The transparency of the bid preparation transparent way, and with sufficient safeguards phase is critical because it is precisely at to protect suppliers from unilateral decisions and this moment that potential bidders can seek actions by the procuring entity. information and assess the opportunity to bid for the procurement contract. Areas covered: Measures related to the modification and termination of the procurement contract, and Areas covered: Consultation process with the the procedure for accepting the completion of private sector, internal market analysis, the default works. This area has been added this year given its method of procurement, the online accessibility of importance and relevance to suppliers, especially materials and information necessary for suppliers for those participating in the procurement of works. to be able to bid, such as procurement plans, tender notice, and tender documents. 5. Performance guarantee 2. Bid submission phase Rationale: The performance guarantee protects parties in case of delays in the execution of the Rationale: Once prospective bidders decide to bid contract; however, to protect suppliers, the amount for a public procurement contract, they need to of the guarantee should be regulated. comply with a variety of requirements in order to bid effectively and avoid having their bid rejected Areas covered: Existence and requirements of if it does not comply with the stated requirements. performance guarantee. This is a new addition to These requirements can create unnecessary the set of indicators and is particularly relevant for hurdles. It is therefore important to make sure that the procurement of works. the process is streamlined and easily accessible to all bidders. 6. Payment of suppliers Areas covered: Possibility of submitting bids online, Rationale: Suppliers need to be paid on time. registration of suppliers, eligibility of foreign firms, Delayed payments could hurt their cash flows, procedures and requirements for submitting impair their ability to supply, and even put them at bids, and the existence and requirements for bid risk. security. Some of the areas covered under the bid submission phase, such as the registration Areas covered: Procedure to request payment, requirement and access to foreign firms, were time frame taken by the purchasing entity to newly added this year. process payment; the time frame for the supplier to receive payment; and the existence, reasons, and procedure for handling payment delays. This 3. Bid opening, evaluation, and awarding phase payment of suppliers section has been expanded Rationale: This phase is critical for purposes of this year to include additional questions about the transparency and integrity. It is important to make processing of payments. 19 WORLD BANK GROUP 7. C  omplaints submitted to the first-tier review body The Benchmarking Public Procurement indicators during the pre-award stage cover additional areas and collect further information for contextual purposes. The complete dataset will be Rationale: When bidders or potential bidders notice published online at http://bpp.worldbank.org. flaws in the procurement process, they should be able to file a complaint and receive a decision in a The thematic areas covered in the standardized timely manner. survey instruments were selected with the guidance of an expert consultative group composed of Areas covered: Standing to file a complaint, the cost public procurement academics, private sector of filing a complaint, the existence of a requirement companies, and experts and practitioners from to notify the procuring entity, the existence and various international organizations, multilateral duration of a suspension of the procurement development banks, and research centers.10 The two process, the independence and training of the thematic pillars and eight key areas of the public reviewers of the complaint, the time to render a procurement process covered by Benchmarking decision, remedies granted by the first-tier review, Public Procurement 2017 are summarized in table 1.1. and publication of decisions. Complaints submitted to the second-tier review 8.  body before the awarding of the contract Rationale: If a first decision has been rendered concerning the procurement process before the contract has been awarded, the complainant should be able to appeal the decision to a second- tier jurisdiction. Areas covered: Time granted to appeal the decision, the cost of appeal, the existence and duration of a suspension of the procurement process, the time to render a decision, remedies granted by the second- tier review, and the publication of decisions. 20 BENCHMARKING PUBLIC PROCUREMENT • 2017 Table 1.1 Thematic areas measured Indicator Description Needs assessment, call for This indicator aims at assessing the transparency and information flow at the preparation stage from tender, and bid preparation the procuring entity’s end. It looks at: › The consultation with the private sector › The tendering method › Potential bidders’ accessibility to bidding information. Bid submission This indicator looks at the requirements for suppliers to place bids, including: › Registration with a government registry › Eligibility of foreign firms › Possibility of submitting bids online › Minimum time frame for bid submission › Bid security requirements. Bid opening, evaluation, and This indicator aims at assessing transparency at the bid opening and evaluation stages. It considers: award › The method for opening the bids, including accessibility for bidders to the bid opening session › The fairness of the bid evaluation › Notification and feedback to unsuccessful bidders › Standardized contract form used when awarding a contract. Content and management of the This indicator looks at: procurement contract › The relevant procedural requirements › The possibilities of modifying or terminating the procurement contract when the contract is awarded and signed › The acceptance of the completion of works by the purchasing entity and related procedures. Performance guarantee This indicator looks at the performance guarantee, including: › The purchasing entity’s monitoring of the requisite performance guarantee and its amount, return of such guarantee, and the existence of a separate entity to oversee the procuring entity’s decision to withhold it. Payment of suppliers This indicator examines: › The procedure regarding suppliers’ request for payment › The time frame for the purchasing entity to process payment › The time frame for suppliers to actually receive payment. › The interests or penalties available to suppliers in case of payment delays. Complaints submitted to the This indicator examines issues regarding: first-tier review body* › Filing a complaint to challenge the tender and bidding process before the award is granted, including the complainant’s standing › Cost of filing, duty to notify the procuring entity › Suspension of the procurement process › Independence and training of the complaint reviewers › Time frame for decisions › Legally provided remedies › Publication of the decisions. Complaints submitted to the This indicator measures the process of appealing the first-tier review body decisions regarding: second-tier review body* › The time granted to appeal the decision › Costs associated with the appeal. › It also assesses the review process that takes place before the second-tier review body, including: › The actions required to trigger a suspension of the procurement process › The time frame for a decision on the appeal. › Remedies legally available at the second-tier review › The publication of the decisions. Note*: Data pertaining to the complaint review mechanisms are not scored and merely presented for contextual purposes. 21 WORLD BANK GROUP Data collection and methodology The Benchmarking Public Procurement indicators Using standardized data that can be easily compared are based on primary data collected from surveys is at the core of the Benchmarking Public Procurement administered to expert contributors in 180 economies. exercise. Uniformity and comparability of data are The dataset for the current report was collected from achieved through the use of standard case study March 1, 2016 to June 1, 2016. Amendments in the law assumptions and hypothetical scenarios tailored to after this date are not considered for the purposes of garner targeted responses from contributors across this report. all economies. Benchmarking Public Procurement 2017 indicators are based on a set of case study assumptions Information was collected using questionnaires covering the procurement of works. They pertain to completed by more than 1,900 local practitioners the context of the procurement, the contracting firm’s who have a wealth of knowledge about the public willingness to submit a bid, the size of the firm, and the procurement system of a particular economy. size of the procurement contract (box 1.1). Contributors primarily include a pool of professionals and entities such as law firms, professional services Because of resource considerations, the study has providers (mainly accounting and consulting firms), examined situations in which the procuring authority chambers of commerce, bar associations, private firms, operates at the national or federal level and the tender public officials dealing with government procurement is governed by the national legal framework of the (national procurement agencies, ministries of economy—despite the fact that public procurement is finance, ministries of sustainable development and usually carried out by different levels of government infrastructure, directorates of public function, ministries within each economy and along different sectoral of public works and transportation, and the like), legal lines. Following the Doing Business methodology, experts in academia, and other expert contributors. the value of the tender provided for each economy These individuals and organizations were carefully in the standardized case study assumption ensures chosen on the basis of their expertise in their economy’s applicability across economies of different income public procurement legal and regulatory framework groups. The tender is assigned a value that is not too and in advising suppliers interested in doing business high (so as to remain relevant in developing economies) with public entities. The involvement of a diverse set of or so low (so as to remain relevant to the type of service public procurement experts and practitioners increases being procured—in this case, the resurfacing of a road). the accuracy of the data and balances out any potential biases that stakeholders may have. In addition, including The public procurement practices and regulations both the private and the public sector helps yield a that are recognized as good by the global public comparative view and provide insights of all stakeholders procurement community are scored and aggregated at in the public procurement system. Information from the thematic area level. The individual questions are contributors were verified directly against the actual text assigned numerical scores ranging from 0 to 1. For each of the law. These laws have been made available on the indicator developed, the scores of individual questions Benchmarking Public Procurement website.11 are averaged and multiplied by 100, resulting in a final score ranging from 0 to 100. The economies at the top of The legal and regulatory framework measured the range (with scores approaching 100) are considered encompasses all public procurement regulations, other to have a regulatory framework that closely aligns with legal texts of general application, judicial decisions, and internationally recognized good practices, whereas administrative rulings that set precedents in connection the economies at the bottom of the range (with scores with national public procurement procedures. It includes closer to 0) have significant room for improvement in all the rules applicable to the tendering process, from the the particular area measured. Details on the proposed needs assessment phase to the completion of the work. scoring methodology can be found in appendix A. 22 BENCHMARKING PUBLIC PROCUREMENT • 2017 Box 1.1 Case study assumptions The procuring entity: › Is located in the economy’s largest business city.12 › Is a local authority. › Is planning to resurface a road. The bidding company (BidCo): › Is a limited liability company (or its legal equivalent). › Operates in the economy’s largest business city. › Is 100 percent domestically and privately-owned. › Has never previously responded to a public call for tender. The public call for tender: › Is initiated by the procuring entity. › Follows an open and competitive process. › Concerns the resurfacing with asphalt of a flat two-lane road for a value equivalent to 91 times the economy’s income per capita or $2 million, whichever value is higher. › Does not include any other work (such as site clearance, subsoil drainage, bridge work, or further routine maintenance). › Attracts three offers, including the offer from the bidding company, BidCo. BidCo’s offer is complete and includes all required documents. It provides a price quotation free from mistakes on the part of BidCo. 23 WORLD BANK GROUP Geographic coverage The Benchmarking Public Procurement 2017 report Asia, Latin America and Caribbean, Middle East and covers 180 economies spanning across seven regions North Africa, OECD high-income, South Asia, and Sub- (table 1.2): East Asia and Pacific, Europe and Central Saharan Africa. Table 1.2 Geographical coverage of Benchmarking Public Procurement 2017 East Asia and Pacific (23 economies) Cambodia Marshall Islands Solomon Islands China Micronesia, Fed Sts. Taiwan, China Fiji Mongolia Thailand Hong Kong SAR, China Myanmar Timor-Leste Indonesia Papua New Guinea Tonga Kiribati Philippines Vanuatu Lao PDR Samoa Vietnam Malaysia Singapore Europe and Central Asia (25 economies) Albania Kazakhstan Russian Federation Armenia Kosovo San Marino Azerbaijan Kyrgyz Republic Serbia Belarus Latvia Tajikistan Bosnia and Herzegovina Lithuania Turkey Bulgaria Macedonia, FYR Ukraine Croatia Moldova Uzbekistan Cyprus Montenegro Georgia Romania Latin America and Caribbean (30 economies) Antigua and Barbuda Dominican Republic Panama Argentina Ecuador Paraguay Bahamas, The El Salvador Peru Barbados Grenada Puerto Rico Belize Guatemala St. Kitts and Nevis Bolivia Haiti St. Lucia Brazil Honduras Suriname Colombia Jamaica Trinidad and Tobago Costa Rica Mexico Uruguay Dominica Nicaragua Venezuela, RB 24 BENCHMARKING PUBLIC PROCUREMENT • 2017 Middle East and North Africa (18 economies) Algeria Jordan Qatar Bahrain Kuwait Saudi Arabia Djibouti Lebanon Tunisia Egypt, Arab Rep. Malta United Arab Emirates Iran, Islamic Rep. Morocco West Bank and Gaza Iraq Oman Yemen, Rep. OECD high-income (32 economies) Australia Greece Norway Austria Hungary Poland Belgium Iceland Portugal Canada Ireland Slovak Republic Chile Israel Slovenia Czech Republic Italy Spain Denmark Japan Sweden Estonia Korea, Rep. Switzerland Finland Luxembourg United Kingdom France Netherlands United States Germany New Zealand South Asia (7 economies) Afghanistan India Sri Lanka Bangladesh Nepal Bhutan Pakistan Sub-Saharan Africa (45 economies) Angola Gambia, The Nigeria Botswana Ghana Rwanda Burkina Faso Guinea São Tomé and Principe Burundi Guinea-Bissau Senegal Cabo Verde Kenya Seychelles Cameroon Lesotho Sierra Leone Central African Republic Liberia South Africa Chad Madagascar South Sudan Comoros Malawi Sudan Congo, Dem. Rep. Mali Swaziland Côte d’Ivoire Mauritania Tanzania Equatorial Guinea Mauritius Togo Eritrea Mozambique Uganda Ethiopia Namibia Zambia Gabon Niger Zimbabwe 25 WORLD BANK GROUP Report limitations Understanding the limitations of the Benchmarking However, this report does not attempt to draw analytical Public Procurement indicators is as important as conclusions about the impact of greater private sector understanding their scope. participation in public procurement on the economy or fiscal position of government, even though the data Like the data generated by other diagnostic tools, the would facilitate such analysis. Benchmarking Public Procurement data are limited by their thematic coverage, the level of analysis, and the Finally, the data focus on all public procurement underlying methodology and design. More specifically, regulations, other legal texts of general applications, there are: judicial decisions, and administrative rulings that set precedents in connection with national and federal › Substantive limitations, because the indicators procurement. have a very specific focus and thematic coverage › Methodological limitations, because data were collected on the basis of survey instruments Methodological limitations following a particular design. Several methodological limitations should be taken into consideration when interpreting the Benchmarking Public Procurement data. Substantive limitations Benchmarking Public Procurement data are not based on The thematic coverage of the Benchmarking Public a statistically significant sample of respondents in each Procurement indicators is limited to the indicators economy. previously discussed. Data are collected in the largest business city of each The level of private sector participation in public economy. In some economies, the largest business city procurement market is fostered by a sound may not be the capital. In addition, in economies where socioeconomic and legal system, and no single factor there are different public procurement regulations can drive results on its own. In other words, reforms applicable depending on the physical location or the in public procurement must be concerted, and private type of procurement activities, data are collected at sector development must follow a holistic approach. the national or federal level. Therefore, the data do not For example, if a new procurement law is introduced, reflect the laws and practices at the local level in other it would have to be complemented by a sound public parts of the economy. finance management and an efficient complaint and redress mechanism. In addition to the legal framework In addition, because these measures are collected on the and its implementation, factors like workforce basis of a case study, they reflect the practice only for qualifications, tax regimes, and infrastructure to publish an open and competitive procedure in the construction and access information are all crucial means toward sector, as described in box 1.1. Therefore, the data implementing the law. Benchmarking Public Procurement collected do not represent the full set of procurement data do not take into account these myriad factors activities and contracts of a given economy. affecting the private sector’s accessibility to the public procurement market. Rather, the data delve deeper into Finally, the data used to conduct this exercise the regulations and compare public procurement laws were gathered during a specific period of time. The across economies. assessment reflects applicable laws, regulations and practices in force at that point. Therefore, they should By focusing on laws and regulations pertaining be considered as offering a snapshot of the public specifically to public procurement, Benchmarking procurement systems at a given time. Public Procurement data show that improving access to public procurement markets for the private sector, conducive regulatory environment, greater transparency, and more competitiveness of the economy are crucial. 26 BENCHMARKING PUBLIC PROCUREMENT • 2017 2 Data Highlights 27 WORLD BANK GROUP 2.1 Procurement life cycle Online access to information and a.  services Digital tools can streamline public spending, make it An e-procurement system benefits the private sector more transparent and evidence-based, and integrate it as well as governments. It promotes transparency with market conditions.13 by collecting and publishing public procurement information and enhancing access for suppliers and In recent years, electronic procurement has gained other stakeholders through standardized and simplified momentum as more economies have recognized its processes (figure 2.1). It provides better value for money benefits and moved to adopt digital services.14 A vast for governments because it promotes competition, which majority of economies across the world—both developing lowers prices and facilitates participation of suppliers.17 and developed—have even adopted an e-procurement Economies that have implemented the use of electronic system as a national policy.15 In the European Union (EU) means to conduct public procurement have reported alone, “central purchasing bodies should move to full efficiency gains from 10 percent to 20 percent of the total electronic means of communication including electronic volume procured through electronic means (table 2.1).18 bid submission by April 2017.”16 Figure 2.1 E-procurement lowers transaction costs for bidders throughout the procurement process Classic procedure Publication of Travel Obtain pages Travel Draft bid Bid printing Bid binding Bid signing Travel Delivery at Travel tender notice and prepare by registry in the administrative representative official bulletin documents Electronic procedure www. www. www. downloading... CERTIFIED DELIVERY Publication of Download Draft bid and prepare Bid evaluation Electronic signature, tender documents tender documents administrative electronic submission on the Internet over the Internet documents and certified delivery at registry Table 2.1 Savings on public procurement generated by use of e-procurement platforms Chile › The government increased savings from US$180 billion to $280 billion from 2010 to 2012, thanks to operating through www.mercadopublico.cl. Georgia › From 2010 when the e-procurement platform reform was launched to 2011, the number of tenders rose from 1,923 to 33,000. › The savings generated amounted to US$ 220 million by March 2013, and, reached US$400 million in 2015. Portugal › The use of e-procurement platforms was introduced for all public entities for all public contracts above €5,000 as of November 1, 2009. The system achieved savings of €185 million between 2009 and 2011. Source: European Bank for Reconstruction and Development and Instituto Latinoamericano de Comercio Electrónico (ILCE). 28 BENCHMARKING PUBLIC PROCUREMENT • 2017 In the Republic of Korea, for example, the e-procurement Online publication of the procurement plan, tender system KONEPS, has greatly enhanced the transparency documents, and award notices: Who discloses more of the public procurement process by allowing bids to be information? submitted and opened online, reducing the opportunity for public officials to make arbitrary decisions. It has also Disparities in information (asymmetric information) reduced costs for suppliers interested in participating between the parties in a procurement process may in public tenders. As a result, the number of bidders lead to opportunistic behavior. Information and has tripled.19 Similarly, in Brazil, the implementation of communications technology (ICT) tools can help close an e- procurement system led to 51 percent savings in information gaps and curb such behavior.25 There has transaction costs and 25.5 percent in price reductions been a clear move globally toward the digitalization between 2000 and 2006.20 In Turkey, suppliers saved of the procurement process; nonetheless, some approximately €18 million per year just by being able to economies still have a long way to go. Twenty-six of the access tender documents instead of purchasing them 180 economies measured do not have yet an electronic from procuring entities. Contracting authorities have also portal specifically dedicated to public procurement. reported savings of €1.15 million due to the decrease In the 154 economies where such platform has been of printing tender documents. With tender documents developed, the services offered range from providing published online, the average number of tenders basic information such as procurement laws to increased to 5.6, compared to 3.3 in typical paper-based supporting interactions between suppliers and procuring procedures.21 entities during the various stages of the tendering process. By saving funds, time, and labor that are normally wasted on reams of paperwork, e-procurement helps Procurement plans. Providing information such as simplify and streamline the tendering process. It thus procurement plans during the pre-tendering phase online harnesses the power of the web to ensure savings for can help suppliers when planning their sales strategies purchasing entities and private suppliers alike.22  and preparing their bids. Only 74 economies publish E-procurement is also a powerful tool in the fight against procurement plans online. More surprisingly, in only fraud and corruption because it limits face-to-face 24 of those does the law expressly mandate that such interactions between suppliers and procurement officials information be made available electronically (figure 2.2). throughout the tendering phase.23 The OECD guidelines In Australia, for example, “in order to draw the for fighting bid rigging in public procurement24 state market’s early attention to potential procurement that electronic bidding prevents such bad practices by opportunities, each relevant entity must maintain on limiting communications between bidders during the AusTender [the national public procurement system] a tender process and curbing deal-making among firms. current procurement plan containing a short strategic The Benchmarking Public Procurement indicators procurement outlook.”26 The regulatory framework examine whether online portals have been established goes one step further by requiring that the annual in the economies surveyed and which materials can procurement plan be updated regularly throughout be accessed there. They measure several aspects the year and that it includes “the subject matter of any throughout the procurement life cycle, ranging from significant planned procurement and the estimated the needs assessment and bid preparation phase all publication date of the approach to market.”27 the way to the execution of the procurement contract. Similarly, in Belarus, where the public procurement In particular, they look at whether information such law requires that the annual public procurement plans as the procurement laws, procurement plans, tender be disclosed on an electronic platform, unless such documents, and award notices are available online. information is a state secret or publication of such The indicators also assess the level of advancement of information is limited by a legislative act or copyright the e-procurement system by exploring what services a restrictions.28 supplier can perform online: Can bids be submitted via email or an electronic platform? Is it possible to sign Tender documents. In terms of the publication of tender an award contract online? Are bids opened online? Can documents, 97 economies make them electronically payments be requested online? The more options that accessible to suppliers during the pre-tendering phase. are available, the greater the transparency throughout In Colombia, for example, the law requires that procuring the procurement process and the lower the cost for entities publish tender documents and administrative suppliers. acts concerning a procurement process.29 29 WORLD BANK GROUP In Georgia, when “conducting an electronic tender, Access to information and transparency must be a tender committee shall, on behalf of a contracting maintained throughout the procurement process. Just authority, post an electronic tender notice and tender as suppliers need to be made aware of procurement documentation in the Georgian language in the Unified opportunities, the outcome of the tendering process Electronic System of Public Procurement.” 30 This economy needs to be published online. This integrated is now one of the few economies in the world where approach follows the OECD Recommendation on Public paper-based tenders have been fully eliminated; 100 Procurement, which recommends that economies percent electronic tenders were introduced within a ensure an adequate degree of transparency of the particularly short period of time, as the decision to public procurement system in all stages of the implement a new e-procurement system was taken in procurement cycle.34 Such is the case in Mexico, where 2010.31 to limit interactions between public officials and private firms, documents arising from the tendering process In Georgia and other economies that offer this type of are exchanged electronically through the online portal, facility, there will be increased interest from suppliers to CompraNet.35 Similarly, in Ireland, procuring entities are participate in public tenders because suppliers do not encouraged to publish a contract award notice on the need to travel to the procuring entity’s office to collect e-tenders website.36 tender and other documents. This will be especially helpful to small and medium-enterprises (SMEs).32 Award notice. Making data on the outcome of the tendering process publicly available and publishing the In the United Kingdom, all tender-related information award notice has the potential of increasing private must be published online on the supply2.gov.uk website. sector participation in the oversight process. Providing In 2007, a quantitative survey of website users found information to bidders and publishing decisions help that 43 percent believed that by allowing online access build trust while preventing fraud and corruption.37 When to notices of calls for tenders and tender documents, bidders have information concerning a contract award, the website had saved them time in searching for and they will have a clear picture of the details surrounding applying to procurement contracts. About one-third of the procurement process, which can allow them to users reported that the website made it easier to bid and raise questions and file complaints in a timely manner. increased the number of contracts for which they are Furthermore, the more disclosure there is during the likely to submit bids.33 award phase, the greater the public participation Figure 2.2 Availability of documents online varies across regions and depends on the type of information 15 2 Procurement plans 13 5 published online 14 17 8 7 4 Tender documents 30 7 published online 19 20 10 17 7 Award notice 31 published online 12 18 23 14 0 5 10 15 20 25 30 35 Percent of economies per region Sub-Saharan Africa South Asia OECD high income Middle East and North Africa Latin America and Caribbean Eastern Europe and Central Asia East Asia and Pacific Source: Benchmarking Public Procurement 2017 database. 30 BENCHMARKING PUBLIC PROCUREMENT • 2017 in uncovering suspect procurements. Transparency regulations, together with notices of calls for tender, are regarding the contract awarded and prices paid is the documents most easily available online (figure 2.3). therefore a prerequisite for ensuring the accountability of public officials, and will increase the trust of the private sector in how the procurement was conducted. Electronic submission of bids is still not widespread Fifty-eight of the 180 economies measured do not across all regions mandate the publication of the award notice online. In The submission of bids through electronic means Niger, for example, although Article 30 of the Code on reduces transaction costs for bidders. Being able Public Procurement stipulates that the call for tenders to submit offers via e-mail or through an electronic should be published through different means, including platform ensures that bids do not get lost along the way, electronically, there is no such requirement for the as might occur via courier. The electronic option also award notice; consequently, no electronic publication lowers transportation and shipping costs for bidders takes place in practice. The situation is similar in Mali, because they do not have to personally present their where the law is silent about publication and there is offers at the procuring entity’s office or send them by no online disclosure of the result of the tender. On the regular mail. other end of the spectrum, some economies require online publication to take place in a timely manner. The submission of bids through electronic means can Albania stipulates “the next working day of the receipt vary depending on what is being procured. For example, of the decision.”38 In Germany, Italy, and other members in Chile, the electronic submission of bids has become of the European Union, the law stipulates that award the rule for the procurement of goods but not for the notices be forwarded to the Office of the European procurement of works. Union, which in turn publishes such notices online. In 13 economies, including Canada, Iceland, Togo, and Overall, access to procurement information online is Uruguay, the only electronic channel available for more prominent in high-income economies where, bidders to submit their bids is via e-mail. In Brazil, except for procurement plans, documents related to a Estonia, Indonesia, Kyrgyz Republic, and 52 other procurement process are readily available to bidders. economies, the electronic bid submission can be carried Regardless of income level, public procurement laws and only via an electronic platform (not by email). Figure 2.3 In all income regions, public procurement laws and regulations are the most readily available documents online 60 0.9 81% 56 0.8 50 53 0.7 48 46 40 43 0.6 42 Internet penetration rate Number of countries 39 37 48% 0.5 30 33 31 0.4 28 23 30% 0.3 20 22 22 21 20 18 0.2 10 12 11 9% 0.1 5 0 0 Low-income Lower-middle-income Upper-middle-income High-income (28 economies) (50 economies) (46 economies) (56 economies) Procurement plans Public procurement laws and regulations Notices of calls for tender Tender documents Notice of award / bidding results Internet penetration Source: Benchmarking Public Procurement 2017 database. 31 WORLD BANK GROUP In 16 economies, bidders have the option of submitting Opening of bid sessions online remains an exception: their bid using both options, either via e-mail or through How do economies compare? an online platform. OECD high-income and Europe and Central Asia economies are at the forefront of On par with the availability of electronic means for this trend (figure 2.4). The new European Union public bid submission is the possibility of having those procurement directives illustrate a clear move toward bids opened online. As Transparency International digitalization, providing that by 2018, e-submission should establishes in its guide for Curbing Corruption in Public be fully mandatory “for all contracting authorities and Procurement,41 e-procurement systems facilitate access all procurement procedures.”39 Similarly the Chartered for all stakeholders to have a record of bids received Institute of Procurement and Supply (CIPS) has promoted and publicly opened. Such availability of information the benefits of e-procurement systems in its strategy and can significantly enhance transparency and limit standards.40 It has encouraged its incorporation as it can opportunities for corruption. be a relatively low risk practice which offers significant benefits. Economies where bids are always opened online are still an exception to the rule. In only 11 economies are procuring entities resorting to online opening of bids Figure 2.4 The majority of economies where bidders can for all the tenders they are conducting. In another 49 choose to submit bids either via e-mail or online are economies, the decision to resort to electronic means OECD high-income economies during the opening of bids may vary. In Hong Kong SAR, China, the electronic opening of bids is available only Middle East and for some procurement processes and does not include North Africa the procurement of works. Similarly, in Chile, the online 13% option is available for the procurement of goods, but East Asia and bidders or their representatives must attend a bid Pacific opening session in person in the case of procurement of 6% OECD high income works. 56% Other economies, such as the Netherlands, conduct Europe and online opening of bids only if the tender notice Central Asia is initially announced on the electronic portal. In 25% economies such as Australia, Georgia, Morocco, Kazakhstan, and the Republic of Korea, bids are consistently opened online. However, even in economies where bids are always Source: Benchmarking Public Procurement 2017 database. opened electronically, the availability of the minutes Figure 2.5 When bids are always opened online, the distribution of the minutes of bid opening sessions varies Published online in Georgia, Rep. of Korea, Kyrgyz Republic, Morocco, and Ukraine Published and sent electronically to bidders When bids are opened in Kazakhstan and Malta online, bid opening Sent electronically to bidders session minutes are in Portugal Requested by bidders in Albania, Australia, and Cyprus because they are neither published nor sent electronically Source: Benchmarking Public Procurement 2017 database. 32 BENCHMARKING PUBLIC PROCUREMENT • 2017 for the opening session varies (figure 2.5). In Albania requirements are also an important tool for ascertaining and Australia, for example, while procuring entities are proper execution of the terms of the procurement required by law to provide debriefings to unsuccessful contract throughout the procurement process, which can bidders who request them,42 they are not compelled to benefit all parties and the public at large. publish the minutes of the bid opening session online › During the bid submission phase, all bidders may be or to send them to all bidders. In Georgia, Morocco, required to post a bid security deposit, in order to and the Republic of Korea, the minutes of the opening deter frivolous offers. session are published online, but are not automatically sent to all bidders. Kazakhstan and Malta are the only › During the contract execution phase, selected bidders economies where online disclosure of the bid opening may be required to agree to a performance guarantee stage is optimal and bidders individually receive the to ensure delivery of service per contract terms. minutes of the online bid opening session electronically. › Upon completion of the service (in part or in full), In summary, although in many economies, ensuring that the procuring entity pays suppliers in a e-procurement reforms have been in place only a few timely manner to avoid payment delays. years, the major impact of an electronic system has already emerged in ensuring predictability, efficiency, The first two strategies aim at protecting the procuring and unprecedented transparency of public spending. entity in case of default by the supplier, while the third Considerable savings are speaking for themselves. As one ensures that the procuring entity respects the terms discussed, a number of developing economies have led of the procurement contract, most importantly with the way in transparency in the procurement process and regard to payment delays, which may be detrimental to demonstrated that proactive publication of minutes and the economic stability of a small or medium enterprise. awards is both feasible and desirable. Such disclosure Putting these tools in place guarantees that risk is should be encouraged throughout the procurement shared by all parties, in line with the recommendation by process, including at the stage of contract management the United Nations Procurement Capacity Development and implementation. Mexico,43 Moldova,44 and Ukraine45 Center for mitigating risk in public procurement.47 are a few examples of economies that have used digital tools to enhance transparency through increased With respect to performance guarantees, a recent study disclosure of—and access to—contracting data and of corruption in Serbia established that “failure to information, which occurs after the contract has been undertake measures for penalizing the non-fulfilment awarded. of contractual obligations of the selected bidder” is a “failure to use bank guarantees or some other instruments used as financial collateral for the fulfilment of contractual obligations by the bidder.”48 b. Bid security deposits, performance Payment delays hinder participation by private guarantees, and timeliness of payment firms—especially small and medium enterprises that struggle with limited cash flow. Delays in payment When suppliers consider participating in a public are a commercial risk for bidders; they hamper tender, they need to assess several factors, including entrepreneurship and inhibit bidders’ ability to enter the type of transaction at stake, as well as the risks and or remain in the public market.49 Delays in payment costs involved. Private firms may consider pecuniary are common in public expenditure systems in many requirements such as deposits and performance economies, particularly in the area of investment in guarantees as possible barriers to the procurement infrastructure and works.50 As a result, economies have market. Small and medium enterprises, in particular, recognized the need to address this issue and have taken have limited resources to meet such requirements. measures to counter it. Examples include the European However, such requisites serve as protections for Union Late Payment Directive of 2011 for goods and both the procuring entity and the supplier. The use of services, Kenya’s recently enacted Public Procurement adequate financial tools makes the public procurement and Asset Disposal Act (2015), and Uganda’s recent reform process more efficient by mitigating risk between the of the Public Procurement and Disposal Act.51 parties. Indeed, “the best strategies for risk-reduction Financial factors are a critical determinant for private are those that create an incentive for bidders and firms that wish to access the public market and sell to contractors to ‘police themselves,’ to avoid indulging in the government. It is therefore important to have proper behavior, either at the procurement or implementation regulations in place that safeguard an equal opportunity stages, that may damage the interests of the buyer.”46 for all suppliers. Beyond protecting the procuring entity, certain financial 33 WORLD BANK GROUP Bid security is required in most economies, but is not surveyed (figure 2.6). In almost 70 percent of these always regulated economies, the legal framework provides that the procuring entity cannot request more than a certain Bid security deposits ensure serious offers and percentage of the contract value (or value of the guarantee that bidders will not withdraw their bids from submitted bid). This amount ranges between 0.5 percent the procurement process in an untimely manner. While in Ukraine to 10 percent in economies like Grenada, there is no clear good practice as to the amount that Panama, Serbia, and Timor-Leste. Although in economies should be requested, there is agreement that it should such as Bahrain, Ethiopia, and Taiwan, China, the law not be set so high as to hinder participation or so low stipulates a maximum percentage, it also establishes an as to allow frivolous offers. upper limit on the flat amount required. Striking a balance between these levels is important— Laws in 13 economies, including Colombia, Honduras, particularly for SMEs, given the limited resources Nepal, and Turkey, stipulate the minimum amount of they often have. For this reason, it is crucial not only bid security, but place no ceiling on the amount that for the amount requested to be reasonable, but also may be requested, leaving it up to the discretion of the for bidders to be able to provide it using different procuring entity to decide. Canada, Chile, and the United instruments. For example, a high bid security demanded States have other schemes for determining the amount. as a cash payment may deter a small or medium In Canada, for example, it depends on the type of enterprise with limited cash flow from participating. security provided, whereas in the United States, the bid Information on the amount and form of bid security guarantee must be at least 20 percent of the bid price, needs to be made available to bidders, as called for by but cannot exceed US$3 million.53 the United Nations Commission on International Trade While most economies regulate bid security to a certain Law (UNCITRAL) Model Law on Public Procurement.52 degree, in 32 economies, the amount of bid security The requirement should be established in the legal requested is left completely to the discretion of the framework, and details for each procurement should be procuring entity; there is no maximum, minimum, or flat made available in the tender documents. amount established. A bid security is a requirement in 156 of the economies Figure 2.6 Nearly all economies in most regions require bid security 50 45 45 40 45 35 32 Number of economies 30 30 25 25 23 27 18 20 24 15 19 18 16 10 7 5 7 0 Sub-Saharan Latin America Eastern Europe East Asia Middle East and OECD South Asia Africa and Caribbean and Central Asia and Pacific North Africa high income Economies that require bid security per region Total number of economies per region Source: Benchmarking Public Procurement 2017 database. Note: No data are available for one economy. 34 BENCHMARKING PUBLIC PROCUREMENT • 2017 Figure 2.7 Lower-income economies require performance guarantee more commonly than high-income economies 60 60 56 50 50 46 50 40 47 $"# 40 43 $%# $$# 44 30 28 30 20 27 !"# 20 10 10 0 0 Low-income Lower-middle-income Upper-middle-income High-income (28 economies) (50 economies) (46 economies) (56 economies) Number of economies with required performance guarantee Number of economies per income group Source: Benchmarking Public Procurement 2017 database. The performance guarantee requirement should be bank guarantee (as in Algeria, United Arab Emirates, and flexible Uzbekistan) or postal money order (as in the United States). On the other end of the spectrum, Cameroon, A performance guarantee requirement during the Dominican Republic, Russian Federation, Senegal, Turkey, contract execution phase is a positive reinforcement and Vietnam all provide the suppliers with limited for all parties in public procurement. Performance options. Cash deposits impose a greater financial burden guarantees protect the procuring entity from poor on suppliers. To ensure they have the liquidity needed contract performance, while also motivating the supplier to provide a cash deposit, they must set aside the cash to complete the contract efficiently and thoroughly. Of until the contract has been completed and approved by the 180 economies surveyed, only 14 economies do not the procuring entity. Of the 180 economies surveyed, only have performance guarantee requirements, including one—Mexico—requires the supplier to provide a cash 7 high-income ones Australia, Hong Kong SAR, China, performance guarantee. All other economies provide at Ireland, New Zealand, Singapore, Slovak Republic, and least two additional options for the supplier instead of Sweden. cash. Angola, Kyrgyz Republic, The Gambia, and Tanzania Except for high-income economies, performance all reserve the right to require a cash performance guarantees requirements are greatly used throughout guarantee. Afghanistan, the Philippines, Sierra Leone, the world. Such instruments are required in nearly all and six other economies do not stipulate what form the the low-income economies analyzed (figure 2.7). guarantee must take and state it only in the bidding documents. Performance guarantees are beneficial to the purchasing entity as they are a safeguard against There are no recognized good practices as to the type of performance breach from the supplier. Performance the performance guarantee. Various factors come into guarantees should not however create an impediment play such as market conditions, industry standards, the to suppliers. It is important therefore that the legal type of work tendered, and the value of the contract. framework includes a choice with regard to the form the A recognized good practice is to require both a low performance guarantee may take. Only 77 economies percentage of the contract value as performance surveyed provided the supplier with this choice (figure guarantee and to provide the supplier with options as 2.8). Costa Rica, Kosovo, and Taiwan, China, provide the to the different type of financial instruments required. most options for the form of the guarantee. The most In a country where the choice of types is left to the frequently provided options included a certified check, a sole discretion of the purchasing entity and where only certificate of deposit, a performance bond, an insurance limited types may be permitted, small and medium- guarantee, or a letter of credit. Other options include size enterprises may find it difficult to comply with the cash (as in Angola, Ethiopia, Italy, and Kazakhstan), a performance guarantee requirement because they often face constraints on access to capital and credit. 35 WORLD BANK GROUP Figure 2.8 Insurance guarantees and letters of credit are not an option for bidders in South Asia and the Middle East and North Africa 18 16 17 14 12 Number of economies 12 10 11 11 11 11 10 8 9 9 8 6 7 7 4 5 5 5 5 5 4 4 4 4 3 3 3 3 3 3 3 3 3 3 2 2 2 1 1 0 0 1 1 0 0 1 0 East Asia Europe and Latin America Middle East and OECD South Asia Sub-Saharan and Pacific Central Asia and Caribbean North Africa high income Africa Certified check Certificate of deposit Performance bond Insurance guarantee Letter of credit Other (i.e. bank guarantee) Source: Benchmarking Public Procurement 2017 database. The new European Directives have established a Despite the importance of timely payment, payment cap on economic or financial standing requirements delays remain widespread in practice. Suppliers receive for suppliers that will help small and medium-size timely payments within 30 days after submitting an enterprises obtain guarantees up to a certain amount invoice in only 53 economies (map 2.1), including Bhutan, and open the market for their participation54. Hong Kong SAR, China, and Iceland. In Kosovo, the right of timely payment is safeguarded in the law,57 whereas in Georgia and The Gambia, it is not, but suppliers still Payment delays are still common receive payments within 30 days. When late payments by procuring entities become the Nonetheless, the presence of legal safeguards norm, suppliers may become discouraged and decide does not necessarily guarantee prompt payments. not to do business with the government.55 Reducing In Guinea-Bisseau, for example, Article 98.3 of the the average time of payment can increase the number Public Procurement Code clearly stipulates that the of firms participating in tenders, and thus increase representative of the contracting authority shall pay competition among participants, which can translate into suppliers within a period that may not exceed 60 days. better value for money for the purchasing entity. Late However, in practice, it takes more than half a year to payments were identified as a main barrier to companies receive payment. in public procurement, with 38 percent of companies The delays are also striking in economies such as classifying late payments as a main obstacle, according Dominican Republic and Equatorial Guinea, where to a 2010 survey by the European Commission.56 suppliers doing business with the government must wait about six months or more to receive payment. In 26 Benchmarking Public Procurement shows that the higher other economies, such as Bangladesh, Cote D’Ivoire, and the income level, the lower the number of days suppliers Qatar, delays often range between 91 and 180 days. must wait to get paid. For example, most suppliers in high-income economies receive payment in less than 30 days. On average, most payments occur between 31 and 90 days, when taking into account different income groups (figure 2.9). 36 BENCHMARKING PUBLIC PROCUREMENT • 2017 Figure 2.9 In a few economies, suppliers must wait more than 181 days to receive payment 35 30 32 25 27 Number of economies 20 21 20 18 15 10 12 12 5 7 7 5 4 3 0 2 1 1 1 Low-income Lower-middle-income Upper-middle-income High-income (28 economies) (50 economies) (46 economies) (56 economies) Between 0 and 30 days Between 31 and 90 days Between 91 and 180 days More than 181 days Source: Benchmarking Public Procurement 2017 database. Map 2.1 Payments are timely in only one-third of economies GREENLAND (DEN.) NORWAY FAROE ICELAND ISLANDS (DEN.) RUSSIAN FEDERATION FINLAND SWEDEN CANADA NETHERLANDS ESTONIA RUSSIANLATVIA ISLE OF MAN (U.K.) DENMARK FED. LITHUANIA IRELAND U. K. GERMANY POLAND BELARUS BELGIUM CHANNEL ISLANDS (U.K.) UKRAINE KAZAKHSTAN FRANCE MONGOLIA LUXEMBOURG MOLDOVA LIECHTENSTEIN SWITZERLAND D. P. R. BULGARIA GEORGIA KYRGYZ OF KOREA ANDORRA AZER- UZBEKISTANREP. UNITED STATES SPAIN ARMENIA BAIJAN PORTUGAL TURKMENISTANTAJIKISTAN REP. OF JAPAN TURKEY MONACO KOREA GREECE CHINA GIBRALTAR (U.K.) MALTA CYPRUS SYRIAN TUNISIA A. R. AFGHANISTAN LEBANON ISLAMIC REP. ISRAEL IRAQ OF IRAN BERMUDA MOROCCO WEST BANK AND GAZA BHUTAN (U.K.) JORDAN PAKISTAN KUWAIT NEPAL ALGERIA ARAB REP. BAHRAIN THE BAHAMAS LIBYA WESTERN OF EGYPT QATAR UNITED CAYMAN IS. (U.K.) SAUDI SAHARA ARABIA ARAB HONG KONG, SAR, CHINA CUBA TURKS AND CAICOS IS. (U.K.) EMIRATES INDIA MYANMAR MEXICO LAO HAITI CABO OMAN P.D.R. JAMAICA VERDE MAURITANIA BELIZE BANGLADESH MALI NIGER GUATEMALA HONDURAS SUDAN ERITREA REP. OF THAILAND VIETNAM SENEGAL YEMEN EL SALVADORNICARAGUA BURKINA CHAD CAMBODIA THE GAMBIA PHILIPPINES FEDERATED STATES OF MICRONESIA FASO DJIBOUTI MARSHALL PANAMA GUINEA-BISSAU GUINEA BENIN ISLANDS COSTA RICA R.B. DE GUYANA NIGERIA SRI VENEZUELA SIERRA LEONE CÔTE GHANA CENTRAL SOUTH ETHIOPIA LANKA BRUNEI SURINAME D’IVOIRE DARUSSALAM SUDAN LIBERIA CAMEROON AFRICAN REP. SOMALIA COLOMBIA FRENCH GUIANA (FR.) TOGO MALAYSIA EQUATORIAL GUINEA KIRIBATI REP. OF UGANDA SINGAPORE CONGO KENYA ECUADOR SÃO TOMÉ AND PRÍNCIPE GABON RWANDA DEM. REP. SEYCHELLES KIRIBATI BURUNDI OF CONGO PAPUA TANZANIA INDONESIA NEW SOLOMON GUINEA ISLANDS PERU BRAZIL TIMOR-LESTE COMOROS FRENCH ANGOLA POLYNESIA MALAWI MAYOTTE ZAMBIA (FR.) (FR.) COOK ISLANDS BOLIVIA MOZAMBIQUE (N.Z.) ZIMBABWE VANUATU FIJI AMERICAN NAMIBIA SAMOA (U.S.) MADAGASCAR MAURITIUS BOTSWANA LA RÉUNION NIUE PARAGUAY (FR.) (N.Z.) NEW SWAZILAND CALEDONIA TONGA 0 – 30 DAYS (FR.) BRITISH VIRGIN SOUTH GERMANY AUSTRALIA PITCAIRN ISLANDS (U.K.) AFRICA LESOTHO POLAND ISLANDS PUERTO RICO 31 – 90 DAYS (U.K.) (U.S.) CZECH REPUBLIC UKRAINE URUGUAY SLOVAK REPUBLIC DOMINICAN ANTIGUA AND 91 – 180 DAYS REPUBLIC BARBUDA ARGENTINA AUSTRIA SAINT KITTS AND NEVIS HUNGARY CHILE GUADELOUPE (FR.) > 181 DAYS SLOVENIA ROMANIA DOMINICA CROATIA MARTINIQUE (FR.) BOSNIA & NEW NO DATA HERZEGOVINA SERBIA BULGARIA SAINT LUCIA ZEALAND SAINT VINCENT AND SAN Budget, Performance Review & Strategic Planning IBRD 41774 THE GRENADINES BARBADOS MARINO KOSOVO MONTENEGRO FYR NOVEMBER 2016 General Services GRENADA Printing & Multimedia ITALY ALBANIA MACEDONIA VATICAN CITY GREECE R.B. DE VENEZUELA Source: Benchmarking Public Procurement 2017 database. Note: No data are available for eight economies. 37 WORLD BANK GROUP Box 2.1 Incentives for small and medium-size enterprises to access market opportunities 2.2 Filing a complaint Not all bidders end up satisfied with the acts or decisions of the procuring entity. In some situations, Many governments around the world are pursuing various the bidders’ discontent is justified due to a flaw in the methods of incentivizing small and medium enterprises to partake in the public procurement market, given that SMEs tendering process, but in others, this discontent might make up a large share of businesses in their economies, not be substantiated. The only way to receive and are a significant source of employment opportunities, and resolve this type of query is to have a well-functioning make significant contributions to their GDP. Yet less than complaint mechanism, which can ensure that bidders half the economies measured (43 percent) have set up can count on transparency and accountability from the specific legal provisions and/or policies to promote the procuring entity. fair access of SMEs to governments’ contracts. The existence of a legal framework governing the In the EU, incentives are harmonized across EU members. complaints mechanism bestows confidence in the The new directives on public procurement enforce the procurement process because it increases the likelihood division of large public contracts into smaller batches, that the procurement will be carried out in a more allowing SMEs to participate in large tenders. They also impartial and transparent manner.58 Enhanced trust grant preferential treatment to SMEs by limiting their turnover requirement to only twice the contract value. in the system will not only preserve the integrity of the process, but can act as an incentive that triggers In other regions, such incentives are taking various forms. increased participation of suppliers in public tenders, In Algeria, Côte d’Ivoire, Dominican Republic, India, and thus making prices more competitive and improving the Morocco for example, procuring entities are required quality of goods, works, and services.59 to “set aside” around 20 percent of the total value of Moreover, complaint mechanisms introduce a relatively government contracts to SMEs. That ratio increases to 25 low-cost form of accountability into procurement percent in Kenya and Angola and 40 percent in Taiwan, markets by providing an opportunity for citizens to hold China. public officials involved in tendering accountable for In some economies, projects below a certain threshold their decisions and behavior.60 value are earmarked to SMEs. The ceiling is equivalent to US$190,000 in Indonesia, US$125,000 in Colombia, and A good complaint mechanism guarantees suppliers the US$24,650 in Brazil (applicable only to micro and small possibility of requesting corrective measures when the enterprises). procurement process is flawed or when they have been treated unfairly. These corrective measures should be In other economies, such as the Arab Republic of Egypt, granted in a timely and affordable manner and should Bolivia, and the Russian Federation, SMEs are exempted be available at any stage of the process. from part or all of a bid security. In the Russian Federation, the maximum amount of bid security shall not exceed 2 For instance, potential bidders should be able to percent of the maximum price of the contract for SMEs. contest the process when they believe that the tender Some economies have incentives pertaining to expedited documents contain clauses that could strongly orient payments. Public entities in Angola are required to pay SMEs within 45 days after receiving an invoice, while in the award toward one bidder. In these cases, potential the República Bolivariana de Venezuela, SMEs are paid bidders should be able to file in a complaint because immediately. these actions might have unfairly barred several suppliers from competing. Source: Benchmarking Public Procurement 2017 database. Benchmarking Public Procurement assesses the quality of complaints mechanisms by looking at the availability of complaints mechanisms and the structure of the In summary, governments around the world can do more review system. It also examines the effects that different to improve private firms’ access to the public market. types of review bodies have on the cost and time Establishing and enforcing legislation that levels the period for review, as well as the type of redress that a playing field in access to tender opportunities is critical. complaining party may hope to obtain. Certain actions highlighted by this analysis are not easy to undertake, such as implementing a sophisticated and interactive e-procurement platform, streamlining payment processes or regulating bid securities. However, the long-term benefits outweigh the costs. 38 BENCHMARKING PUBLIC PROCUREMENT • 2017 a. First-tier review While there is no defined good practice as to which should be the first-tier review body, in nearly half the Independent first-tier reviews are essential to economies measured, complaints are usually submitted safeguard suppliers’ rights to a procuring entity (figure 2.10). This procedure is usually faster and less costly, especially before the Complaint mechanisms vary greatly across the 180 contract has been awarded and in cases where a mistake economies measured. Whereas interested parties should rather than a breach of public procurement law is the have the right to file a complaint at any stage of the reason for protesting. procurement process (both before and after the award is granted), this possibility is not always built into the Practitioners recognize that having professional procurement process. procurement officials within the first-tier review body often guarantees that the review will be conducted In economies like Antigua and Barbuda, El Salvador, efficiently. Given the complexity of procurement Eritrea, and Iraq, for example, the legal framework does contracts, especially when it comes to the procurement not even contemplate the possibility of filing a complaint of works and infrastructure, it is important that before the award of the contract. Bidders must wait the people reviewing the complaint have sufficient until the tendering process is concluded to protest any knowledge and expertise in the type of procurement irregularity. This may limit the corrective measures that conducted. However, the challenge remains of securing the review body can take. the impartiality of the reviewing body. Protesting suppliers may fear that the procuring entity will not be The type of body in charge of conducting a review of willing to admit that the procurement was not handled complaints may affect the timeliness of the decisions, properly.61 Lack of independence implied by having the as well as the corrective measures that can be granted. procuring entity as the first-tier review body should be There are three main types of review bodies that compensated by the option, for complaining parties, to can address bidders’ complaints: procuring entities, file an appeal to an independent body or a court. independent administrative review bodies, and courts. Figure 2.10 Procuring entities are the most common review fora in most regions Number of economies per region 16 East Asia and Pacific 5 8 Europe and Central Asia 17 17 Latin America & Caribbean 8 2 6 Middle East and North Africa 4 4 13 OECD high income 10 9 6 South Asia 1 34 Sub-Saharan Africa 7 3 0 5 10 15 20 25 30 35 Procuring entity Independent administrative review body Court Source: Benchmarking Public Procurement 2017 database. 39 WORLD BANK GROUP In 64 of the 100 economies where the first-tier review Figure 2.11 Judicial courts take longer to render body is the procuring entity, complaints are reviewed by decisions during the first-tier review the same people whose action is being challenged, such 160 120 as in Argentina, Lithuania, Israel, Mongolia, and Senegal. 140 100 150 Nonetheless, 16 of these economies give the complaining 100 party the choice to resort to an alternative review body 120 Number of economies in order to file a complaint. In Brazil and Finland, for Number of days 80 100 example, a complaining party may directly seek judicial review in court. Similarly, in Hong Kong SAR, China and 80 51 60 the Republic of Yemen, the complaint may also be filed 60 before an independent administrative review body. 40 40 46 Another option to ensure more independence and 19 20 20 impartiality in the review conducted by the procuring 25 21 13 entity is to permit a complaint to be filed before a 0 9 0 Procuring Independent Court hierarchical superior. This is the recourse offered to entity administrative complaining parties in economies such as Australia, review body The Gambia, Mauritania, and Nepal. Some economies Days in practice Legal time limit Number of economies like Greece and Pakistan have gone one step further by establishing specialized units within the procuring Source: Benchmarking Public Procurement 2017 database. entity merely for the function of reviewing procurement Setting a legal time frame for reviews offers suppliers complaints. the benefit of efficiency and predictability of the review. Forty economies do not impose any legal requirements Timely resolution of complaints and compliance with on the review body. While this may not be an issue in the legal time limits are crucial majority of OECD high-income economies like Finland and New Zealand, where a complaining party can be Timely resolution of complaints, as well as the presence confident that it will obtain a resolution in a mere 34- of legal time limits, increases the private sector’s trust day or 30-day period, respectively, complaint resolution in the system and encourages its participation in public can be a lengthy process elsewhere. The decision time tendering. Not only must suppliers be confident that is up to 6 months in Zimbabwe and around 247 days in their complaints will be resolved without delay, but they Lebanon. Such lengthy periods, which are often a result should be assured that their protest will be given an of the type of review forum may act as a deterrent for appropriate amount of time to be reviewed. If a company bidders to file complaints. is unable to predict how long it will take for its complaint to be resolved, or if the law sets a long period for review, Nonetheless, legal time limits are not by themselves a the firm may not resort to filing a complaint out of safeguard against lengthy reviews. In practice, the time concern that it would be wasting time (and resources) by it takes to render a decision often does not match the protesting. period required by the law. A complaining party in the Philippines will be expected to wait 105 days to receive a The time needed to resolve complaints differs greatly decision from the review body, although the law clearly across the economies measured. In most economies, stipulates that the body in charge of the review, the Bids the type of body that conducts the review will determine and Award Committee, shall decide on the request for the time to render a decision, both as set by law and in reconsideration within 7 days.62 Similarly, in Saudi Arabia, practice. In general, procuring entities and independent where the law sets a review period of 60 days,63 it could administrative review bodies resolve complaints faster take three times as long for a decision to be issued in than judicial courts, often because court cases are practice. backlogged. The average time it takes a procuring entity to render a decision in practice is around 25 days, which At the other end of the spectrum, timeliness and efficient is much lower than the average time of 150 days it takes reviews are the rule in 36 economies. Half are economies a court to issue a decision (figure 2.11). in the Europe and Central Asia region, where review bodies generally abide by the legal time limits. Examples include Turkey (10 days), Armenia (20 days), and Latvia (30 days). Complaining parties in Panama, Ecuador, and Kenya can also expect to have their dispute resolved in 12, 15, and 21 days, respectively. 40 BENCHMARKING PUBLIC PROCUREMENT • 2017 Table 2.2 Time limits and types of review vary widely across income groups Low-income Lower-middle income Upper-middle income High-income The procuring entity is the A bigger number of economies Complaint review is handled The first-tier review is more first-tier review body in require first-tier complaints be almost equally by procuring spread between the 3 types of around 86% of the economies. resolved by independent entities (43%) and review bodies: procuring entity administrative review bodies independent administrative (43%), IRB (34%) and Court Almost all low income (22%). review bodies (40%). (20%). economies have legal requirements in place. Around 64% of the economies Average decision time by both Average decision times are respect their legal time limit. review bodies is around 25 higher than other income Around 72% of the economies days. groups at around 36, 84 and respect their legal time limit. Examples of how review 145 days respectively. periods vary across Examples of how review Average decision time by economies: periods vary across Around 40% of the economies procuring entities in practice Tajikistan (3 days), economies: have no legal time limit. is close to 15 days. Lao PDR (18 days), Bosnia and Nigeria (21 days), Herzegovina (5 days), Examples of how review Examples of how review Guatemala (135 days), Iran (21 days), periods vary across periods vary across India (365 days) South Africa (228 days), economies: economies: Lebanon (247 days) Lithuania (7 days), Mali (2 days), Poland (16 days), Comoros (15 days), Luxembourg (360 days), Nepal (75 days), Ireland (450) Zimbabwe (180 days) Source: Benchmarking Public Procurement 2017 database. The same disparity emerges when comparing economies While a two-tier review mechanism has become the across income groups (table 2.2). The time limit for norm globally, in 17 economies, including Gabon, review decisions to be issued is not correlated with Myanmar, and Sri Lanka, the complaining party still lacks the income level of the economies. Even in OECD high- the possibility for such appeal. In the Solomon Islands, income economies, it can take as long as 360 days for the complaining party can go to the Ombudsman, but review decisions to be rendered in Luxembourg, and 450 the Ombudsman can only make recommendations and days in Ireland. cannot overturn the decision made by the procuring entity. This could seriously affect the willingness of suppliers to challenge the procurement process, b. Second-tier review especially if they know that their claims will be heard by the same people who are in charge of the procurement An impartial second-tier review body is necessary process and there is no possibility of appeal. If a complaining party feels unfairly treated as a result The cost to appeal varies widely of the decision rendered by the first-tier review body, it should be able to appeal the decision before an In 89 of the 153 economies where it is possible to appeal independent body in order to have the decision modified the first-tier review body’s decision, the complaining or annulled.64 International instruments on procurement party must pay a fee to have access to this recourse, clearly promote the necessity of a two-tier complaints which is often a judicial court fee.66 Appeal costs can be mechanism, particularly if the first-tier review body is prohibitive for suppliers—especially small and medium the procuring entity.65 enterprises, which typically do not have large cash flows. Benchmarking Public Procurement 2017 assesses the The cost to appeal can range from minimal fees (as in existence and the type of second-tier review bodies, Guatemala, where a stamp tax of 1 quetzal is imposed as well as the cost associated with appeals and the for each paper filed before the court),67 all the way to remedies that may result from the review. amounts representing double-digit percentages of gross 41 WORLD BANK GROUP income per capita. In Argentina, for example, the cost to A critical factor that is carefully considered by appeal before the judicial court is 3 percent of the value complaining companies before protesting is whether of the contract disputed,68 while in Hungary, the cost to the review body will provide meaningful relief when appeal to the civil court is equivalent to 6 percent of the it does rule in their favor. A decision stating that a value of the contract.69 complaining party was correct in contending that the procuring entity had acted unlawfully is of little In Thailand, the cost to file depends on the type of value to the complaining party. But what do suppliers claims presented by the party. If the party is not seeking consider “meaningful relief”? damages, then there is no cost. However, when a party is seeking damages, the cost to appeal represents The supplier’s preference would presumably be to have 2 percent of the amount of the claims (capped at a fair chance to be awarded the contested contract, B200,000).70 These amounts may act as a deterrent for especially in the case of works contracts that are suppliers who are considering filing an appeal. of considerable value. Less desirable might be the recovery of lost profits, including damages or payment of attorney’s fees. Still less desirable would be for the More remedies are granted by the second-tier review supplier to be granted another opportunity to compete body for the contract, especially if the supplier lacks trust in the way the process is handled by the procuring entity.72 When wrongdoing has occurred in a procurement process, the purpose of filing a complaint is to request With the exception of the modification of tender corrective measures and to redress the grievances of documents, remedies are legally granted across more affected parties. During the pre-award stage, remedies economies in the second-tier review than in the first- usually aim at correcting irregularities that occurred tier (figure 2.12). This trend is correlated with the fact during the preparation and submission stages of the that the procuring entity is rarely the second-tier review procurement process that may prevent fair competition. body across the economies. It is therefore critical that the legal framework specifically allows the second-tier review bodies to In Angola, Bahrain, Canada, Colombia, Estonia, grant remedies. Grenada, Israel, Kosovo, New Zealand, and the Russian Federation, the second-tier review body can grant First and foremost, effective remedies should be the entire range of remedies described. In all these defined in the law to redress suppliers that can economies except Grenada and Kosovo, this particular prove harm as a result of a violation during the body is a judicial court. tendering process. Remedies can take different forms: modification of the tender documents, payment of damages, compensation of tendering costs incurred by a participant, payment of attorneys’ fees, or overturning in whole or in part an act or a decision of the procuring entity. Modification of tender documents needs to be granted in case the tender documents are missing information necessary to bid or the technical specifications are drafted in a way that could potentially favor one company over another. Payment of attorneys’ fees, damages, and compensation for tendering costs are critical in cases where the violation of the public procurement rules by the procuring entity was discovered at a stage where no other remedies setting aside or suspending the process could be granted.71 Finally, the overturning in whole or in part of a decision of a procuring entity should be possible, in order to guarantee that the process could be corrected and cleared of any violation to procurement rules. 42 BENCHMARKING PUBLIC PROCUREMENT • 2017 Figure 2.12 Remedies granted by the first-tier review body vs. the second-tier review 120 100 106 Number of economies 94 80 60 66 40 51 47 46 41 20 20 21 16 0 Modification of Payment of damages Compensation of Overturn an act Payment of tender documents tendering costs or a decision of attorneys’ fees the procuring entity Remedies first-tier Remedies second-tier Source: Benchmarking Public Procurement 2017 database. c. Publication of review decisions Conclusion A transparent complaint review system encourages The Benchmarking Public Procurement indicators private sector participation in public tendering expose significant disparities among the 180 economies measured. While improvements have been tangible in some economies, governments around the world can do To enhance trust and confidence in complaint more to enhance transparency and efficiency of their mechanisms, the decisions of the review bodies should complaint review mechanisms. The establishment and be made publicly available. Complaining and other enforcement of legislation that levels the playing field interested parties should have the right to be informed access to impartial review bodies that can remediate not only about the outcome of the complaint process but complaints in a timely manner, at no cost can increase about the criteria and considerations taken into account the confidence of suppliers in the way the review process to reach that decision. Dissemination of this information is handled. publicly might urge review bodies to be consistent and By highlighting good practices applied across economies unbiased while making their decision. Furthermore, it as well as areas for improvement, findings from the can become a valuable tool for sharing knowledge with Benchmarking Public Procurement data have the the wider public on how complaints and procurement potential to influence the thinking around needed decisions are being conducted. reforms, and thus help economies benefit from private Out of the 153 economies that offer a second-tier review sector growth and better value for money in the mechanism, 102 economies mandate that decisions procurement of public goods, works, and services. resulting from the appeal process should be published in a particular medium. It is encouraging to see that 86 of those 102 economies require publication to take place electronically, which facilitates access to all interested parties. In Brazil, Haiti, the Marshall Islands, Mexico, Rwanda, and Uganda, in addition to being published online, the decision is also published on the procuring entity’s bulletin board. By contrast, only 70 economies have such mandates for the first-tier review. 43 WORLD BANK GROUP Appendix A. How the Benchmarking Public Procurement 2017 indicators are scored Indicator What is measured Scoring methodology Needs assessment, 1. Consultation with the private sector and internal market Questions 1.a, 1.b, 1.c, 2.a, call for tender, and bid analysis 3.a, 3.d, and 3.e: Economies preparation get a score of 1 if Yes; a a. Whether the procuring entity organizes a consultation score of 0 if No. with the private sector to assess its needs. b. If so, whether the consultation is publicly advertised. Questions 3.f and 3.g: c. Whether there are internal market analysis guidelines Economies also get a score during the market research phase. of 0.5. 2. Open tendering as the default method of procurement a. Whether open tendering is the default method of Questions 3.b and 3.c: procurement. Economies get a maximum 3. Availability and accessibility of materials and information of 1 point. Each Yes is a necessary for suppliers to be able to bid fraction of 1 (respectively, 1/5 and 1/8). a. The availability of procurement portals specifically and exclusively dedicated to public procurement in operation at a supranational, national, subnational, and entity level. b. The online accessibility of procurement plans, public procurement laws and regulations, notice of calls for tender, tender documents, notice of award, or bidding results. c. Whether the tender notice and/or tender documents include technical and financial qualifications that bidders must meet, grounds for exclusion of bidders, amount of bid security, forms of bid security, criteria against which bids will be evaluated, method used to assess bids, main terms and conditions of the contract, payment schedule under the procurement contract. d. Whether the tender documents are available for free. e. Opportunities for bidders to ask questions for clarification to the procuring entity (either through regular channels of communication or during a clarification meeting with bidders organized by the procuring entity). f. Time frame for the procuring entity to address bidders’ questions when the opportunity for clarification is provided. g. Whether the answers provided by the procuring entity are made available to all interested bidders (either by publishing responses or sending them to all bidders, or, if questions are addressed during a meeting, by making the minutes of the meeting available to all bidders). 44 BENCHMARKING PUBLIC PROCUREMENT • 2017 Indicator What is measured Scoring methodology Bid submission 1. Registration of suppliers Question 1.a: Economies get a bonus point of 1 if Yes; 0 a. Whether bidders are required to register on a government if No. registry of suppliers. 2. Foreign firms’ eligibility: Questions 2.a, 3.a, 4.d, and a. Whether foreign firms are eligible to submit bids. 4.e: Economies get a score 3. Procedure and requirements for bid submission of 1 if Yes; a score of 0 if No. a. Mandatory minimum time period for submission of bids to procuring entity. Questions 3.b and 4.a: b. Bid submission method: e-mail, electronic procurement Economies get a score of 0.5 platform. for each option provided. 4. Existence and requirements for bid security a. Form of bid instrument to guarantee bidders’ offer: bid Questions 4.b: Economies security, bid declaration. get a score of 1 for either option they provide. b. Bid security amount: no more than a certain percentage of the contract value or value of the submitted bid, no more than a certain flat amount. Question 4.c: Economies get c. Form of bid security instrument: cash deposit, bank a maximum of 1 point. Each guarantee, insurance guarantee. Yes is 1/3. d. Whether suppliers have the choice regarding the form of bid security instrument. e. If bidders are required to post a bid security instrument, whether there is a time frame for the procuring entity to return the instrument. 45 WORLD BANK GROUP Indicator What is measured Scoring methodology Bid opening, evaluation, 1. Procedure for bid opening Question 1.a: Economies and award receive a score of 1 if a. Whether the procuring entity proceeds to the bid opening opening of bids takes place immediately after the deadline for bid submission. immediately. b. Frequency of electronic opening of bids: always, sometimes, never. Question 1.b: Economies get c. For bids not opened electronically, whether bidders or a score of 1 if Always; 0.5 if their representatives, or any other parties are allowed to Sometimes. attend the bid opening session. d. For bids opened electronically, whether the minutes of the opening session are published online, or sent Question 1.c: Economies get electronically to all bidders. a score of 1 if Yes to Bidders or their representatives. A 2. Criteria for bid evaluation bonus of 0.5 is given for Any a. Price and other qualitative elements. other party. 3. Notification to unsuccessful bidders a. Whether unsuccessful bidders are individually notified by Question 1.d. Economies get the procuring entity. a 0.5 score for each option they select. b. Whether unsuccessful bidders can obtain feedback on the reasons for their unsuccessful bid. c. When no feedback is available, whether there is a Question 2.a. Economies get debriefing for unsuccessful bidders to obtain feedback or a score of 1. to access the bids evaluation method. 4. Standardized documents Questions 3.a and 3.b: a. Existence of model contracts with standard clauses that Economies get a score of 1 the purchasing entity uses when awarding a contract. if Yes; 0 if No. Question 3.c: Economies get a score of 0.5. Question 4.a: Economies get a score of 1 if Yes; 0 if No. 46 BENCHMARKING PUBLIC PROCUREMENT • 2017 Indicator What is measured Scoring methodology Content and 1. Signing, form, and content of the procurement contract Questions 1.a and 2.b: management of the Economies get a score of 1 procurement contract a. Whether the winning bidder can sign the procurement if Yes; 0 if No. contract through an online platform. 2. Modification and termination of the procurement contract Questions 2.a and 2.d. a. Possibility of renegotiation of contract terms when the Economies get a score of contract is awarded and prior to its signature, including 0 if Yes and 1 if No to each the price, time frame for delivery, and payment schedule. option. b. Procedures for contract variations. c. Purchasing entity obligated to: inform other bidders of Question 2.c: Economies get the post-award contract variations, publish post-award a score of 1 for each option. contract variations. d. Whether the purchasing entity unilaterally modifies the terms of the contract during contract execution. Questions 3.a and 3b: Economies get a score of 1 3. Acceptance of the completion of works if Yes; 0 if No. a. Existence of procedures for the acceptance of the completion of works. b. Existence of procedures for termination of the contract: Question 3.b.i: Economies Whether such procedures are provided in the legal i)  get a score of 0.5 for each framework and/or the procurement contract. option selected. Performance guarantee 1. Existence and requirements of performance guarantee Question 1.a. Economies receive a bonus point of 0.5 a. Amount of performance guarantee: fixed or a percentage if Percentage value of the of the value of the contract. contract. b. Choice over the possible form of performance guarantee. c. Forms of performance guarantee: certified check, Questions 1.b, 1.d, 1.e, and certificate of deposit, performance bonds, insurance 1.f: Economies get a score of guarantee, and letter of credit. 1 if Yes; 0 if No. d. Time frame for purchasing entity to return the performance guarantee. Question 1.c: Economies e. Circumstances that trigger the purchasing entity to cash get a maximum of 1 point or collect the performance guarantee. and each Yes is a fraction f. Existence of a separate entity to oversee the purchasing of 1 (1/5 for each option entity’s decision to withhold the performance guarantee. provided). 47 WORLD BANK GROUP Indicator What is measured Scoring methodology Payment of suppliers 1. Procedure to request payment Questions 1.a and 2.a: Economies get a score of 1 a. Possibility that supplier can request a payment through if Yes; 0 if No. an online platform. 2. Time frame for the purchasing entity to process payment Question 2.b: Economies a. Existence of a mandated time frame to process the receive 0 when time frame payment that starts from date the supplier submits the is greater than 30 days; 1 invoice. when time frame is less b. Time that legal framework establishes purchasing entities than and equal to 30 days. to process the payment 3. Time frame for the supplier to receive payment Question 3.a: Economies a. Time frame for suppliers to actually receive payment from receive 1 when time frame the date they submitted the invoice. is between 0 and 30 days; 2/3 when time frame is 4. Procedure for payment delays between 31 and 90 days; 1/3 when time frame is between a. Interest or penalties payable to suppliers. 91 and 180 days; 0 when b. If interest or penalties exist, whether they are disbursed time frame is greater than automatically or upon supplier’s request. 181 days. Questions 4.a and 4.b: These are not taken into account if economies receive a score of 1 under question 3.a. Questions 4.a and 4.b: Economies get a score of 1 and 0.5, respectively, if Yes; 0 if No. 48 BENCHMARKING PUBLIC PROCUREMENT • 2017 Appendix B. Cities covered in each economy by the Benchmarking Public Procurement 2017 Report Economy City Economy City Afghanistan Kabul Egypt, Arab Rep. Cairo Albania Tirana El Salvador San Salvador Algeria Algiers Equatorial Guinea Malabo Angola Luanda Eritrea Asmara Antigua and Barbuda St. John’s Estonia Tallinn Argentina Buenos Aires Ethiopia Addis Ababa Armenia Yerevan Fiji Suva Australia Sydney Finland Helsinki Austria Vienna France Paris Azerbaijan Baku Gabon Libreville Bahamas, The Nassau Gambia, The Banjul Bahrain Manama Georgia Tbilisi Bangladesh Dhaka Germany Berlin Barbados Bridgetown Ghana Accra Belarus Minsk Greece Athens Belgium Brussels Grenada St. George’s Belize Belize City Guatemala Guatemala City Bhutan Thimphu Guinea Conakry Bolivia La Paz Guinea-Bissau Bissau Bosnia and Herzegovina Sarajevo Haiti Port-au-Prince Botswana Gaborone Honduras Tegucigalpa Brazil São Paulo Hong Kong SAR, China Hong Kong Bulgaria Sofia Hungary Budapest Burkina Faso Ouagadougou Iceland Reykjavík Burundi Bujumbura India Mumbai Cabo Verde Praia Indonesia Jakarta Cambodia Phnom Penh Iran, Islamic Rep. Tehran Cameroon Douala Iraq Baghdad Canada Toronto Ireland Dublin Central African Republic Bangui Israel Tel Aviv Chad N’Djamena Italy Rome Chile Santiago Jamaica Kingston China Shanghai Japan Tokyo Colombia Bogotá Jordan Amman Comoros Moroni Kazakhstan Almaty Congo, Dem. Rep. Kinshasa Kenya Nairobi Costa Rica San José Kiribati Tarawa Côte d’Ivoire Abidjan Korea, Rep. Seoul Croatia Zagreb Kosovo Pristina Cyprus Nicosia Kuwait Kuwait City Czech Republic Prague Kyrgyz Republic Bishkek Denmark Copenhagen Lao PDR Vientiane Djibouti Djibouti Ville Latvia Riga Dominica Roseau Lebanon Beirut Dominican Republic Santo Domingo Lesotho Maseru Ecuador Quito Liberia Monrovia 49 WORLD BANK GROUP Economy City Economy City Lithuania Vilnius Serbia Belgrade Luxembourg Luxembourg Saudi Arabia Riyadh Macedonia, FYR Skopje Senegal Dakar Madagascar Antananarivo Seychelles Victoria Malawi Blantyre Sierra Leone Freetown Malaysia Kuala Lumpur Singapore Singapore Mali Bamako Slovak Republic Bratislava Malta Valletta Slovenia Ljubljana Marshall Islands Majuro Solomon Islands Honiara Mauritania Nouakchott South Africa Johannesburg Mauritius Port Louis South Sudan Juba Mexico Mexico City Spain Madrid Micronesia, Fed. Sts. Island of Pohnpei Sri Lanka Colombo Moldova Chișinău St. Kitts and Nevis Basseterre Mongolia Ulaanbaatar St. Lucia Castries Montenegro Podgorica Sudan Khartoum Morocco Casablanca Suriname Paramaribo Mozambique Maputo Swaziland Mbabane Myanmar Yangon Sweden Stockholm Namibia Windhoek Switzerland Zurich Nepal Kathmandu Taiwan, China Taipei Netherlands Amsterdam Tajikistan Dushanbe New Zealand Auckland Tanzania Dar es Salaam Nicaragua Managua Thailand Bangkok Niger Niamey Timor-Leste Dili Nigeria Lagos Togo Lomé Norway Oslo Tonga Nuku’alofa Oman Muscat Trinidad and Tobago Port of Spain Pakistan Karachi Tunisia Tunis Panama Panama City Turkey Istanbul Papua New Guinea Port Moresby Uganda Kampala Paraguay Asunción Ukraine Kiev Peru Lima United Arab Emirates Dubai Philippines Quezon City United Kingdom London Poland Warsaw United States New York City Portugal Lisbon Uruguay Montevideo Puerto Rico San Juan Uzbekistan Tashkent Qatar Doha Vanuatu Port Vila Romania Bucharest Venezuela, RB Caracas Russian Federation Moscow Vietnam Ho Chi Minh City Rwanda Kigali West Bank and Gaza Ramallah Samoa Apia Yemen, Rep. Sana’a San Marino San Marino Zambia Lusaka São Tomé and Principe São Tomé Zimbabwe Harare 50 BENCHMARKING PUBLIC PROCUREMENT • 2017 Economy Datasheets 51 Afghanistan Albania GNI per Capita (in USD) Europe and GNI per Capita (in USD) South Asia $680 Central Asia $4,460 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws, Calls for tender, Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 56 Yes 70 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free No Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security, Bid declaration 83 Bid security 78 Amount of bid security instrument Maximum percentage Maximum percentage Forms of bid security Cash deposit, Bank guarantee Bank guarantee, Insurance guarantee Choice for bidders on form of bid security instruments Yes Yes Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No Yes deadline) Electronic opening of bids Never Always If never, entities allowed to attend the opening session Bid opening session is public N/A If always/sometimes, minutes of the opening session N/A Requested by the bidder Evaluation criteria Price and other qualitative elements 43 Price and other qualitative elements 86 Unsuccessful bidders individually notified of tender results No Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 73 68 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 52 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Afghanistan Albania Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes Yes Forms of performance guarantee Letter of credit 74 Certificate of deposit, Insurance guarantee 78 Timeframe for purchasing entity to return performance guarantee Yes Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 42 30 Time to process payment starts from supplier's submission of invoice No No Time for supplier to actually receive payment (calendar days) Between 91 and 180 33 Between 31 and 90 48 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint Yes No Process to complain same for actual and prospective bidders N/A Yes Complaining party has to prove damage in order to file a complaint No Yes Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an N/A N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes Yes If the procurement process is suspended, bidders are notified No data Yes Complaint reviewed by same people whose action is challenged (at procuring No No entity) Mandatory training programs on complaints resolution for agents reviewing No Yes complaints Procuring entity required to provide first-tier review body with: N/A N/A Time for first-tier review body to render a decision (calendar days) 11 7 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Overturn Modification; overturn First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 5 10 Cost to appeal the decision before the second-tier review body (USD)* 351 0.5% of contract* Filing of complaint leads to suspension No Yes Time for the second-tier review body to render a decision (calendar days) 16 7 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Overturn Modification; overturn Second-tier review body decisions are published: Online Online Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 14 7 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award Yes No 53 Algeria Angola Middle East and GNI per Capita (in USD) GNI per Capita (in USD) Sub-Saharan Africa North Africa $5,340 $5,300 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes No Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws, Calls for tender Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 42 Yes 43 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes No Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity No Yes Timeframe for procuring entity to address bidders’ questions N/A Yes Answers provided by procuring entity made available to all interested bidders N/A Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids No Yes Minimum time period for bid submission No Yes Methods for bid submission No electronic means available No electronic means available Form of bid instrument to guarantee bidder's offer Bid security Bid security Amount of bid security instrument At discretion of procuring entity 23 Maximum percentage 69 Cash deposit, Bank guarantee, Insurance Forms of bid security Bank guarantee guarantee Choice for bidders on form of bid security instruments No No Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bid opening session is public Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 43 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results No Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 73 59 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No Yes Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Legal framework contract 54 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Algeria Angola Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No No Forms of performance guarantee Performance bond 34 Certificate of deposit, Insurance guarantee 58 Timeframe for purchasing entity to return performance guarantee Yes Yes Circumstances where purchasing entity can collect performance guarantee No Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 30 60 Time to process payment starts from supplier's submission of invoice Yes No Time for supplier to actually receive payment (calendar days) Between 31 and 90 67 Between 91 and 180 33 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No Yes Process to complain same for actual and prospective bidders Yes N/A Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body (USD)* (USD)* 63 No cost Notification to the procuring entity if complaint filed before a court or an No N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension No Yes If the procurement process is suspended, bidders are notified N/A Yes Complaint reviewed by same people whose action is challenged (at procuring N/A Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: Copies of relevant documents N/A Time for first-tier review body to render a decision (calendar days) 25 15 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: - Modification; overturn First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 60 60 Cost to appeal the decision before the second-tier review body (USD)* 76 35 Filing of complaint leads to suspension Upon request Upon request Time for the second-tier review body to render a decision (calendar days) 60 45 Legal time limit for second-tier review body to render decision No No Remedies legally granted by the second-tier review body: - Modification; damages; compensation; fees; overturn Second-tier review body decisions are published: No No Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes No Standstill time period (calendar days) 10 N/A Standstill period mandated in the legal framework Yes N/A Standstill period set out in the notice of intention to award Yes N/A 55 Antigua and Barbuda Argentina Latin America GNI per Capita (in USD) Latin America GNI per Capita (in USD) AND Caribbean $13,360 AND Caribbean $ 14,560 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement No Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders No Yes Amount of bid security, if any No 38 Yes 70 Form(s) of bid security, if any No Yes Criteria against which bids will be evaluated No Yes Method used to assess bids No Yes Main terms and conditions of the contract No Yes Payment schedule under the procurement contract No Yes Accessibility of tender documents for free Yes Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No Yes Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission No Yes Methods for bid submission Email No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 39 Bid security 90 Amount of bid security instrument At discretion of procuring entity Maximum percentage Forms of bid security Cash deposit Cash deposit, Bank guarantee Choice for bidders on form of bid security instruments No Yes Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bid opening session is public Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 43 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract No Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) No Yes Purchasing entity has the obligation to: 50 64 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No Yes Specific procedures for the acceptance of the completion of works No Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 56 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Antigua and Barbuda Argentina Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: No Yes Choice for suppliers on form of the performance guarantee No Yes Forms of performance guarantee -- 0 Performance bond, Letter of credit 78 Timeframe for purchasing entity to return performance guarantee No Yes Circumstances where purchasing entity can collect performance guarantee No Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment No timeframe No timeframe Time to process payment starts from supplier's submission of invoice N/A N/A Time for supplier to actually receive payment (calendar days) Between 31 and 90 15 Between 31 and 90 37 Interests and/or penalties payable in case of payment delays* No Yes Interests and/or penalties automatically paid without a supplier's request N/A No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism No pre-award Procuring entity and court Choice of the authority before which filing a complaint Yes No First-tier review During pre-award stage, only actual bidders have standing to complaint No pre-award No Process to complain same for actual and prospective bidders No pre-award Yes Complaining party has to prove damage in order to file a complaint No pre-award Yes Cost to file a complaint before the first-tier review body (USD)* (USD)* No pre-award 3% of contract Notification to the procuring entity if complaint filed before a court or an No pre-award N/A independent review body If yes, timeframe (calendar days) No pre-award N/A Filing of complaint leads to suspension No pre-award Upon request If the procurement process is suspended, bidders are notified No pre-award Yes Complaint reviewed by same people whose action is challenged (at procuring No pre-award Yes entity) Mandatory training programs on complaints resolution for agents reviewing No pre-award No complaints Procuring entity required to provide first-tier review body with: No pre-award N/A Time for first-tier review body to render a decision (calendar days) No pre-award 45 Legal time limit for first-tier review body to render decision No pre-award Yes Remedies legally granted by the first-tier review body: No pre-award - First-tier review body decisions are published: No pre-award Official gazette Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s No pre-award Yes decisions Time limit to appeal (calendar days) No pre-award 90 Cost to appeal the decision before the second-tier review body (USD)* No pre-award 3% of contract Filing of complaint leads to suspension No pre-award Upon request Time for the second-tier review body to render a decision (calendar days) No pre-award 180 Legal time limit for second-tier review body to render decision No pre-award Yes Remedies legally granted by the second-tier review body: No pre-award - Second-tier review body decisions are published: No pre-award Online Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints No No Standstill time period (calendar days) N/A N/A Standstill period mandated in the legal framework N/A N/A Standstill period set out in the notice of intention to award N/A N/A 57 Armenia Australia EUROPE AND GNI per Capita (in USD) GNI per Capita (in USD) OECD HIGH INCOME CENTRAL ASIA $ 3,810 $ 64,680 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Tender documents, Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 60 N/A 78 Form(s) of bid security, if any Yes N/A Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free No Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform Email/Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security 39 Bid declaration 39 Amount of bid security instrument Other N/A Forms of bid security Bank guarantee N/A Choice for bidders on form of bid security instruments No N/A Timeframe for return of bid security instrument No N/A Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes No deadline) Electronic opening of bids Sometimes Always If never, entities allowed to attend the opening session N/A N/A Published online/Sent electronically to If always/sometimes, minutes of the opening session Requested by the bidder Evaluation criteria all bidders Price and other qualitative elements 64 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results No Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated Yes No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) No 59 Yes 77 Purchasing entity has the obligation to: Inform the other bidders of the post-award contract variations No No Publish post-award variations Yes Yes Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Specific procedures for the termination of the contract established in: Legal framework Procurement contract 58 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Armenia Australia Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes No Amount of performance guarantee is percentage of the contract value: Yes N/A Choice for suppliers on form of the performance guarantee No N/A Forms of performance guarantee -- 50 N/A 0 Timeframe for purchasing entity to return performance guarantee Yes N/A Circumstances where purchasing entity can collect performance guarantee Yes N/A Separate entity to oversee decision to withhold the performance guarantee No N/A Payment of suppliers score Supplier can request a payment online through an online platform No Yes Legal timeframe for the purchasing entity to process payment No timeframe 30 Time to process payment starts from supplier's submission of invoice N/A Yes Time for supplier to actually receive payment (calendar days) Between 0 and 30 33 Between 0 and 30 100 Interests and/or penalties payable in case of payment delays* N/A N/A Interests and/or penalties automatically paid without a supplier's request N/A N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Independent review body and court Procuring entity and court Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body (USD)* 72 No cost Notification to the procuring entity if complaint filed before a court or an No N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Upon request No If the procurement process is suspended, bidders are notified No N/A Complaint reviewed by same people whose action is challenged (at procuring N/A No entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: No N/A Time for first-tier review body to render a decision (calendar days) 15 5 Legal time limit for first-tier review body to render decision Yes No Remedies legally granted by the first-tier review body: Damages; overturn - First-tier review body decisions are published: Online No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) Law is silent 2160 Cost to appeal the decision before the second-tier review body (USD)* 10 Court fees Filing of complaint leads to suspension Upon request Upon request Time for the second-tier review body to render a decision (calendar days) 30 365 Legal time limit for second-tier review body to render decision No No Remedies legally granted by the second-tier review body: - Damages; compensation; fees Second-tier review body decisions are published: Online Online Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes No Standstill time period (calendar days) 10 N/A Standstill period mandated in the legal framework Yes N/A Standstill period set out in the notice of intention to award Yes N/A 59 Austria Azerbaijan GNI per Capita (in USD) EUROPE AND GNI per Capita (in USD) OECD HIGH INCOME $ 49,366 CENTRAL ASIA $ 7,590 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase Yes Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Laws, Calls for tender, Tender documents, Materials publicly accessible online Laws, Calls for tender, Award notice Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes No Amount of bid security, if any Yes 78 Yes 64 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes No Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Email/Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Bid security Bid security Amount of bid security instrument Maximum percentage 83 Maximum percentage 65 Cash deposit, Bank guarantee, Insurance Forms of bid security Cash deposit, Bank guarantee guarantee Choice for bidders on form of bid security instruments Yes No Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Sometimes Never If never, entities allowed to attend the opening session N/A Bidders or their representatives If always/sometimes, minutes of the opening session Sent electronically to all bidders N/A Evaluation criteria Price and other qualitative elements 64 Price and other qualitative elements 43 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes No If no, debriefing organized for unsuccessful bidders N/A No Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 73 64 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes No Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 60 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Austria Azerbaijan Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes No Certificate of deposit, Performance bond, Forms of performance guarantee Insurance guarantee 74 Letter of credit 42 Timeframe for purchasing entity to return performance guarantee Yes No Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform Yes No Legal timeframe for the purchasing entity to process payment 30 No timeframe Time to process payment starts from supplier's submission of invoice Yes N/A Time for supplier to actually receive payment (calendar days) Between 31 and 90 85 Between 91 and 180 30 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Procuring entity and court Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint Yes Yes Cost to file a complaint before the first-tier review body (USD)* 3,988 No cost Notification to the procuring entity if complaint filed before a court or an No N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Upon request Yes If the procurement process is suspended, bidders are notified No Yes Complaint reviewed by same people whose action is challenged (at procuring N/A Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) 53 28 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Overturn Modification; damages; compensation First-tier review body decisions are published: Online No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 42 1095 Cost to appeal the decision before the second-tier review body (USD)* 311 38 Filing of complaint leads to suspension Upon request No Time for the second-tier review body to render a decision (calendar days) 547 75 Legal time limit for second-tier review body to render decision No Yes Remedies legally granted by the second-tier review body: Fees Damages; compensation; fees; overturn Second-tier review body decisions are published: Online Online and on the official gazette Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints Yes No Standstill time period (calendar days) 10 N/A Standstill period mandated in the legal framework Yes N/A Standstill period set out in the notice of intention to award Yes N/A 61 Bahamas, The Bahrain Latin America GNI per Capita (in USD) Middle East and GNI per Capita (in USD) AND Caribbean $ 21,010 North Africa $ 28,272 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase Yes No Open tendering as the default method of procurement No Yes Procurement portal(s) dedicated to public procurement Yes Yes Laws, Calls for tender, Tender documents, Materials publicly accessible online Laws, Calls for tender, Tender documents Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes No Amount of bid security, if any Yes 50 Yes 57 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids No Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission No No Methods for bid submission Email Email/Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security Bid security Amount of bid security instrument No data 24 Maximum percentage, Maximum flat 61 amount Cash deposit, Bank guarantee, Insurance Forms of bid security No data guarantee Choice for bidders on form of bid security instruments No data No Timeframe for return of bid security instrument No data Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bidders or their representatives Bidders or their representatives If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 43 Price and other qualitative elements 29 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning No No If no, debriefing organized for unsuccessful bidders No No Model contracts with standard clauses used when awarding a contract Yes No Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes 68 Yes 59 Purchasing entity has the obligation to: Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No Yes Specific procedures for the acceptance of the completion of works Yes Yes Specific procedures for the termination of the contract established in: Procurement contract Procurement contract 62 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Bahamas, The Bahrain Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes No Forms of performance guarantee No data 50 Performance bond 54 Timeframe for purchasing entity to return performance guarantee No data No Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No Yes Payment of suppliers score Supplier can request a payment online through an online platform No Yes Legal timeframe for the purchasing entity to process payment No timeframe No timeframe Time to process payment starts from supplier's submission of invoice N/A N/A Time for supplier to actually receive payment (calendar days) Between 0 and 30 33 Between 31 and 90 59 Interests and/or penalties payable in case of payment delays* N/A Yes Interests and/or penalties automatically paid without a supplier's request N/A No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism No second-tier for pre-award Other Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint No Yes Cost to file a complaint before the first-tier review body (USD)* No data No cost Notification to the procuring entity if complaint filed before a court or an Yes No independent review body If yes, timeframe (calendar days) Simultaneously N/A Filing of complaint leads to suspension Upon request No If the procurement process is suspended, bidders are notified No N/A Complaint reviewed by same people whose action is challenged (at procuring N/A N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: No documents Time for first-tier review body to render a decision (calendar days) No data 30 Legal time limit for first-tier review body to render decision No Yes Remedies legally granted by the first-tier review body: - Modification; overturn First-tier review body decisions are published: No Procuring entity’s bulletin board Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s No second-tier Yes decisions Time limit to appeal (calendar days) No second-tier 30 Cost to appeal the decision before the second-tier review body (USD)* No second-tier No cost Filing of complaint leads to suspension No second-tier No Time for the second-tier review body to render a decision (calendar days) No second-tier 548 Legal time limit for second-tier review body to render decision No second-tier No Modification; payment of damage; compensation; Remedies legally granted by the second-tier review body: No second-tier fees; overturn Second-tier review body decisions are published: No second-tier No Post-award complaints Process to complain same than for pre-award complaints Yes Yes Standstill period after contract award to allow filing of complaints No No Standstill time period (calendar days) N/A N/A Standstill period mandated in the legal framework N/A N/A Standstill period set out in the notice of intention to award N/A N/A 63 Bangladesh Barbados GNI per Capita (in USD) Latin America GNI per Capita (in USD) South Asia $ 1,080 AND Caribbean $ 15,579 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No data Open tendering as the default method of procurement Yes No Procurement portal(s) dedicated to public procurement Yes No Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 60 Yes 31 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes No Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes No data Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 75 Bid security, Bid declaration 58 Amount of bid security instrument Maximum percentage Other Forms of bid security Bank guarantee Bank guarantee, Insurance guarantee, Choice for bidders on form of bid security instruments Yes Yes Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bidders or their representatives Bidders or their representatives If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 71 Price and other qualitative elements 14 Unsuccessful bidders individually notified of tender results Yes No Unsuccessful bidders can obtain feedback on reasons for not winning Yes No If no, debriefing organized for unsuccessful bidders N/A No Model contracts with standard clauses used when awarding a contract Yes No Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes No Purchasing entity has the obligation to: 73 40 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes No Legal framework and procurement Neither legal framework nor procurement Specific procedures for the termination of the contract established in: contract contract 64 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Bangladesh Barbados Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No No Forms of performance guarantee -- 30 Certified check, Insurance guarantee 58 Timeframe for purchasing entity to return performance guarantee Yes No data Circumstances where purchasing entity can collect performance guarantee No Yes Separate entity to oversee decision to withhold the performance guarantee No Yes Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 28 30 Time to process payment starts from supplier's submission of invoice No No No Time for supplier to actually receive payment (calendar days) Between 91 and 180 42 No data data Interests and/or penalties payable in case of payment delays* Yes No Interests and/or penalties automatically paid without a supplier's request No N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes No Description of complaints mechanism Other No second-tier for pre-award Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an N/A No independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension No Upon request If the procurement process is suspended, bidders are notified N/A Yes Complaint reviewed by same people whose action is challenged (at procuring No N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A No Time for first-tier review body to render a decision (calendar days) 60 No data Legal time limit for first-tier review body to render decision Yes No Remedies legally granted by the first-tier review body: Modification; overturn - First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes No second-tier decisions Time limit to appeal (calendar days) 9 No second-tier Cost to appeal the decision before the second-tier review body (USD)* 6,252 No second-tier Filing of complaint leads to suspension Yes No second-tier Time for the second-tier review body to render a decision (calendar days) 33 No second-tier Legal time limit for second-tier review body to render decision Yes No second-tier Remedies legally granted by the second-tier review body: Modification; compensation; fees; overturn No second-tier Second-tier review body decisions are published: Online No second-tier Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints No No Standstill time period (calendar days) N/A N/A Standstill period mandated in the legal framework N/A N/A Standstill period set out in the notice of intention to award N/A N/A 65 Belarus Belgium Europe and GNI per Capita (in USD) GNI per Capita (in USD) OECD high income Central Asia $ 7,340 $ 47,030 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Laws, Calls for tender, Tender documents, Materials publicly accessible online Tender documents, Award notice Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 70 N/A 66 Form(s) of bid security, if any Yes N/A Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security 67 No bid security requirement 71 Amount of bid security instrument Maximum percentage N/A Forms of bid security Cash deposit, Bank guarantee N/A Choice for bidders on form of bid security instruments No N/A Timeframe for return of bid security instrument Yes N/A Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes No deadline) Electronic opening of bids Sometimes Sometimes If never, entities allowed to attend the opening session N/A N/A If always/sometimes, minutes of the opening session Published online Sent electronically to all bidders Evaluation criteria Price and other qualitative elements 64 Price only 50 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract No Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated Yes No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 40 59 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No Yes Specific procedures for the acceptance of the completion of works No Yes Neither legal framework nor procurement Specific procedures for the termination of the contract established in: Legal framework contract 66 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Belarus Belgium Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No Yes Certificate of deposit, Performance bond, Forms of performance guarantee Insurance guarantee 34 Insurance guarantee, Letter of credit 86 Timeframe for purchasing entity to return performance guarantee No Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 30 30 Time to process payment starts from supplier's submission of invoice No Yes Time for supplier to actually receive payment (calendar days) Between 0 and 30 50 Between 31 and 90 67 Interests and/or penalties payable in case of payment delays* N/A Yes Interests and/or penalties automatically paid without a supplier's request N/A No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other No second-tier for pre-award Choice of the authority before which filing a complaint Yes No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders No Yes Complaining party has to prove damage in order to file a complaint No Yes Cost to file a complaint before the first-tier review body (USD)* No cost 261 Notification to the procuring entity if complaint filed before a court or an No Yes independent review body If yes, timeframe (calendar days) N/A Simultaneously Filing of complaint leads to suspension Yes Upon request If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring N/A N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: Copies of relevant documents documents Time for first-tier review body to render a decision (calendar days) 30 60 Legal time limit for first-tier review body to render decision Yes No Remedies legally granted by the first-tier review body: Overturn Damages First-tier review body decisions are published: No Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes No second-tier decisions Time limit to appeal (calendar days) Law is silent No second-tier Cost to appeal the decision before the second-tier review body (USD)* 922 No second-tier Filing of complaint leads to suspension Upon request No second-tier Time for the second-tier review body to render a decision (calendar days) 68 No second-tier Legal time limit for second-tier review body to render decision No No second-tier Remedies legally granted by the second-tier review body: Overturn No second-tier Second-tier review body decisions are published: No No second-tier Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 14 15 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award Yes Yes 67 Belize Bhutan Latin America GNI per Capita (in USD) GNI per Capita (in USD) South Asia AND Caribbean $ 4,760 $ 2,390 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement No Yes Laws, Calls for tender, Tender documents, Materials publicly accessible online Calls for tender Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 40 Yes 58 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids No Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract No Yes Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No Yes Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission No Yes Methods for bid submission No electronic means available No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 40 Bid security 85 Amount of bid security instrument At discretion of procuring entity Maximum percentage Forms of bid security Bank guarantee, Insurance guarantee Bank guarantee Choice for bidders on form of bid security instruments Yes Yes Timeframe for return of bid security instrument No Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No Yes deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bidders or their representatives Bidders or their representatives If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 29 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results No No Unsuccessful bidders can obtain feedback on reasons for not winning No Yes If no, debriefing organized for unsuccessful bidders No N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 68 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 68 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Belize Bhutan Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No Yes Forms of performance guarantee Performance bond 34 Certified check 74 Timeframe for purchasing entity to return performance guarantee No Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment No timeframe 30 Time to process payment starts from supplier's submission of invoice N/A No Time for supplier to actually receive payment (calendar days) Between 0 and 30 33 Between 0 and 30 50 Interests and/or penalties payable in case of payment delays* N/A N/A Interests and/or penalties automatically paid without a supplier's request N/A N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism No second-tier for pre-award Other Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No Yes Process to complain same for actual and prospective bidders Yes N/A Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an No N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Upon request Upon request If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring N/A No entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) 30 7 Legal time limit for first-tier review body to render decision No Yes Remedies legally granted by the first-tier review body: - Modification; overturn First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s No second-tier Yes decisions Time limit to appeal (calendar days) No second-tier 10 Cost to appeal the decision before the second-tier review body (USD)* No second-tier 82 Filing of complaint leads to suspension No second-tier Upon request Time for the second-tier review body to render a decision (calendar days) No second-tier 10 Legal time limit for second-tier review body to render decision No second-tier Yes Remedies legally granted by the second-tier review body: No second-tier Modification; overturn Second-tier review body decisions are published: No second-tier Online and on the official gazette Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints No Yes Standstill time period (calendar days) N/A 10 Standstill period mandated in the legal framework N/A Yes Standstill period set out in the notice of intention to award N/A Yes 69 Bolivia Bosnia and Herzegovina LATIN AMERICA GNI per Capita (in USD) Europe and GNI per Capita (in USD) AND CARIBBEAN $2,830 Central Asia $ 4,770 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Tender documents, Award notice Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any No 65 Yes 58 Form(s) of bid security, if any No Yes Criteria against which bids will be evaluated No Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract No Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 65 Bid security 77 Amount of bid security instrument Maximum percentage Maximum percentage Forms of bid security Bank guarantee, Insurance guarantee Cash deposit, Bank guarantee Choice for bidders on form of bid security instruments No Yes Timeframe for return of bid security instrument No Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No Yes deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bid opening session is public Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 43 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning No Yes If no, debriefing organized for unsuccessful bidders No N/A Model contracts with standard clauses used when awarding a contract Yes No Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes No Purchasing entity has the obligation to: 77 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations Yes Yes Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 70 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Bolivia Bosnia and Herzegovina Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No Yes Certified check, Certificate of deposit, Forms of performance guarantee Insurance guarantee 34 Performance bond 82 Timeframe for purchasing entity to return performance guarantee No Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment No timeframe No timeframe Time to process payment starts from supplier's submission of invoice N/A N/A Time for supplier to actually receive payment (calendar days) Between 91 and 180 30 Between 0 and 30 33 Interests and/or penalties payable in case of payment delays* Yes N/A Interests and/or penalties automatically paid without a supplier's request No N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Procuring entity and court Other Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint Yes Yes Cost to file a complaint before the first-tier review body (USD)* 1% of contract 8,000 Notification to the procuring entity if complaint filed before a court or an N/A N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes Yes If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring No Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A N/A Time for first-tier review body to render a decision (calendar days) 15 5 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Modification; overturn Modification; overturn First-tier review body decisions are published: Online and on the procuring entity’s bulletin board No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 23 5 Cost to appeal the decision before the second-tier review body (USD)* No cost 8,000 Filing of complaint leads to suspension Upon request Yes Time for the second-tier review body to render a decision (calendar days) 1460 105 Legal time limit for second-tier review body to render decision No Yes Remedies legally granted by the second-tier review body: Damages; compensation Modification; compensation; overturn Second-tier review body decisions are published: No Online Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 3 15 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award Yes No 71 Botswana Brazil GNI per Capita (in USD) Latin America GNI per Capita (in USD) Sub-Saharan Africa $ 7,880 and Caribbean $ 11,760 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs Yes, Not publicly advertised No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Laws, Calls for tender, Tender documents, Materials publicly accessible online Tender documents, Award notice Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 69 Yes 68 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract No Yes Accessibility of tender documents for free No Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security Bid security Amount of bid security instrument Maximum percentage 73 Maximum percentage 82 Cash deposit, Bank guarantee, Insurance Forms of bid security Bank guarantee guarantee Choice for bidders on form of bid security instruments No Yes Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Sometimes If never, entities allowed to attend the opening session Bidders or their representatives N/A Published online/Sent electronically to If always/sometimes, minutes of the opening session N/A Evaluation criteria Price and other qualitative elements 43 all bidders Price and other qualitative elements 50 Unsuccessful bidders individually notified of tender results No No Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 73 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations No Yes Purchasing entity can unilaterally modify contract during implementation phase No Yes Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 72 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Botswana Brazil Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No Yes Forms of performance guarantee Insurance guarantee, Letter of credit 38 Insurance guarantee 74 Timeframe for purchasing entity to return performance guarantee No Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform Yes No Legal timeframe for the purchasing entity to process payment 30 30 Time to process payment starts from supplier's submission of invoice No No Time for supplier to actually receive payment (calendar days) Between 0 and 30 75 Between 31 and 90 57 Interests and/or penalties payable in case of payment delays* N/A Yes Interests and/or penalties automatically paid without a supplier's request N/A Yes Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes No Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an No N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes Upon request If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring No Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: Copies of relevant documents N/A Time for first-tier review body to render a decision (calendar days) 46 22 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Overturn Modification; overturn First-tier review body decisions are published: Official gazette Online and on the official gazette Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 14 7 Cost to appeal the decision before the second-tier review body (USD)* 20,028 No cost Filing of complaint leads to suspension Yes Upon request Time for the second-tier review body to render a decision (calendar days) 30 23 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Modification; damages; compensation Modification; overturn Online, on the procuring entity’s bulletin board and on Second-tier review body decisions are published: Official gazette the official gazette Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints Yes No Standstill time period (calendar days) 12 N/A Standstill period mandated in the legal framework No N/A Standstill period set out in the notice of intention to award Yes N/A 73 Bulgaria Burkina Faso Europe and GNI per Capita (in USD) GNI per Capita (in USD) Sub-Saharan Africa Central Asia $ 7,420 $ 710 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs Yes, Publicly advertised No assessment Internal market analysis guidelines during market research phase No Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Tender documents, Award notice Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any N/A 88 Yes 68 Form(s) of bid security, if any N/A Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available No electronic means available Form of bid instrument to guarantee bidder's offer No bid security requirement Bid security Amount of bid security instrument N/A 67 Maximum percentage 81 Cash deposit, Bank guarantee, Insurance Forms of bid security N/A guarantee Choice for bidders on form of bid security instruments N/A Yes Timeframe for return of bid security instrument N/A Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Other: Media representatives Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 43 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract No Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 82 68 Inform the other bidders of the post-award contract variations No No Publish post-award variations Yes No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Legal framework contract 74 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Bulgaria Burkina Faso Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes Yes Forms of performance guarantee Insurance guarantee 94 Performance bond 74 Timeframe for purchasing entity to return performance guarantee Yes Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee Yes No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 30 60 Time to process payment starts from supplier's submission of invoice Yes No Time for supplier to actually receive payment (calendar days) Between 0 and 30 75 Between 91 and 180 42 Interests and/or penalties payable in case of payment delays* N/A Yes Interests and/or penalties automatically paid without a supplier's request N/A Yes Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Independent review body and court Other Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No Yes Process to complain same for actual and prospective bidders Yes N/A Complaining party has to prove damage in order to file a complaint Yes Yes Cost to file a complaint before the first-tier review body (USD)* 1,142 No cost Notification to the procuring entity if complaint filed before a court or an Yes N/A independent review body If yes, timeframe (calendar days) Simultaneously N/A Filing of complaint leads to suspension Upon request Yes If the procurement process is suspended, bidders are notified Yes No Complaint reviewed by same people whose action is challenged (at procuring N/A Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) 18 3 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Fees; overturn Modification; overturn First-tier review body decisions are published: Online No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 14 7 Cost to appeal the decision before the second-tier review body (USD)* 571 101 Filing of complaint leads to suspension Upon request Yes Time for the second-tier review body to render a decision (calendar days) 30 9 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Damages,fees; overturn Modification; overturn Second-tier review body decisions are published: Online Online Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 14 15 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award No No 75 Burundi Cabo Verde GNI per Capita (in USD) GNI per Capita (in USD) Sub-Saharan Africa Sub-Saharan Africa $ 270 $ 3,520 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase Yes Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Materials publicly accessible online Procurement plans, Laws, Calls for tender Procurement plans, Laws, Calls for tender Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 55 Yes 65 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract No No Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No Yes Answers provided by procuring entity made available to all interested bidders No Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available No electronic means available Form of bid instrument to guarantee bidder's offer Bid security Bid security Amount of bid security instrument Maximum percentage 60 At discretion of procuring entity 69 Cash deposit, Bank guarantee, Insurance Forms of bid security Bank guarantee guarantee Choice for bidders on form of bid security instruments No Yes Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No Yes deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bid opening session is public Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 57 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No Yes Timeframe for delivery renegotiated No Yes Financial aspects renegotiated No Yes Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 68 45 Inform the other bidders of the post-award contract variations No No Publish post-award variations No Yes Purchasing entity can unilaterally modify contract during implementation phase No Yes Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Legal framework contract 76 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Burundi Cabo Verde Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No Yes Certificate of deposit, Performance bond, Forms of performance guarantee Performance bond 74 Insurance guarantee 82 Timeframe for purchasing entity to return performance guarantee Yes Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee Yes No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 30 30 Time to process payment starts from supplier's submission of invoice No Yes Time for supplier to actually receive payment (calendar days) Between 31 and 90 48 Between 31 and 90 76 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No Yes Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders No Yes Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an N/A N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes Yes If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring Yes Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A N/A Time for first-tier review body to render a decision (calendar days) 7 5 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Modification; overturn - First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) Law is silent 10 Cost to appeal the decision before the second-tier review body (USD)* No cost Not regulated yet Filing of complaint leads to suspension Yes Upon request Time for the second-tier review body to render a decision (calendar days) 21 10 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Modification; overturn - Second-tier review body decisions are published: Official gazette Online Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 15 14 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award No Yes 77 Cambodia Cameroon GNI per Capita (in USD) GNI per Capita (in USD) East Asia and Pacific Sub-Saharan Africa $1,010 $1,350 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws, Calls for tender, Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 60 Yes 49 Form(s) of bid security, if any Yes No Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes No Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes No Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available No electronic means available Form of bid instrument to guarantee bidder's offer Bid security, Bid declaration 79 Bid security 73 Amount of bid security instrument At discretion of procuring entity Maximum percentage Forms of bid security Bank guarantee Bank guarantee Choice for bidders on form of bid security instruments Yes Yes Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes Yes deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bid opening session is public Bidders or their representatives If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 71 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 82 73 Inform the other bidders of the post-award contract variations Yes No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 78 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Cambodia Cameroon Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No Yes Forms of performance guarantee -- 30 Performance bond 74 Timeframe for purchasing entity to return performance guarantee No Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment No timeframe 30 Time to process payment starts from supplier's submission of invoice N/A No Time for supplier to actually receive payment (calendar days) Between 31 and 90 37 Between 31 and 90 48 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Independent review body and court Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No Yes Process to complain same for actual and prospective bidders Yes N/A Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* No cost 2 Notification to the procuring entity if complaint filed before a court or an N/A Yes independent review body If yes, timeframe (calendar days) N/A Simultaneously Filing of complaint leads to suspension No No If the procurement process is suspended, bidders are notified N/A N/A Complaint reviewed by same people whose action is challenged (at procuring Yes N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A No Time for first-tier review body to render a decision (calendar days) 14 15 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: - Modification; damages First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 14 60 Cost to appeal the decision before the second-tier review body (USD)* No cost 39 Filing of complaint leads to suspension No Upon request Time for the second-tier review body to render a decision (calendar days) 21 365 Legal time limit for second-tier review body to render decision Yes No Remedies legally granted by the second-tier review body: - Damages; overturn Second-tier review body decisions are published: No No Post-award complaints Process to complain same than for pre-award complaints Yes Yes Standstill period after contract award to allow filing of complaints Yes No Standstill time period (calendar days) 14 N/A Standstill period mandated in the legal framework No N/A Standstill period set out in the notice of intention to award No N/A 79 Canada Central African Republic GNI per Capita (in USD) GNI per Capita (in USD) OECD high income Sub-Saharan Africa $51,690 $330 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs Yes, Publicly advertised No assessment Internal market analysis guidelines during market research phase Yes No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Laws, Calls for tender, Tender documents, Materials publicly accessible online -- Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes No Amount of bid security, if any Yes 98 Yes 49 Form(s) of bid security, if any Yes No Criteria against which bids will be evaluated Yes No Method used to assess bids Yes No Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes No Accessibility of tender documents for free Yes Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes No Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Email No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 78 Bid security 44 Amount of bid security instrument Other Maximum percentage Forms of bid security Bank guarantee, Insurance guarantee -- Choice for bidders on form of bid security instruments Yes No Timeframe for return of bid security instrument Yes No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Other: At least one witness Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 57 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 73 59 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes No Legal framework and procurement Specific procedures for the termination of the contract established in: Legal framework contract 80 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Canada Central African Republic Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes No Forms of performance guarantee Performance bond, Letter of credit 58 -- 30 Timeframe for purchasing entity to return performance guarantee No Yes Circumstances where purchasing entity can collect performance guarantee Yes No Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 30 60 Time to process payment starts from supplier's submission of invoice Yes No Time for supplier to actually receive payment (calendar days) Between 0 and 30 75 Between 31 and 90 48 Interests and/or penalties payable in case of payment delays* N/A Yes Interests and/or penalties automatically paid without a supplier's request N/A Yes Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint Yes No First-tier review During pre-award stage, only actual bidders have standing to complaint No Yes Process to complain same for actual and prospective bidders Yes N/A Complaining party has to prove damage in order to file a complaint No Yes Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an N/A N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Upon request Yes If the procurement process is suspended, bidders are notified Yes No Complaint reviewed by same people whose action is challenged (at procuring Yes Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A N/A Time for first-tier review body to render a decision (calendar days) 157 3 Legal time limit for first-tier review body to render decision No No Remedies legally granted by the first-tier review body: - - First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 14 5 Cost to appeal the decision before the second-tier review body (USD)* No cost No cost Filing of complaint leads to suspension Upon request Yes Time for the second-tier review body to render a decision (calendar days) 90 7 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Modification; damages; compensation; fees; overturn Modification; overturn Second-tier review body decisions are published: Online No Post-award complaints Process to complain same than for pre-award complaints Yes Yes Standstill period after contract award to allow filing of complaints No No Standstill time period (calendar days) N/A N/A Standstill period mandated in the legal framework N/A N/A Standstill period set out in the notice of intention to award N/A N/A 81 Chad Chile GNI per Capita (in USD) GNI per Capita (in USD) Sub-Saharan Africa OECD high income $1,010 $14,900 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement No Yes Materials publicly accessible online -- Procurement plans, Laws, Calls for tender Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders No Yes Amount of bid security, if any Yes 32 Yes 56 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity No Yes Timeframe for procuring entity to address bidders’ questions N/A Yes Answers provided by procuring entity made available to all interested bidders N/A Yes Bid submission score Bidders required to register on a government registry of suppliers No Yes Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 77 Bid security 60 Amount of bid security instrument Maximum percentage Other Forms of bid security Bank guarantee, Insurance guarantee Bank guarantee Choice for bidders on form of bid security instruments Yes No Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bid opening session is public Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 43 Price only 29 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning No Yes If no, debriefing organized for unsuccessful bidders No N/A Model contracts with standard clauses used when awarding a contract Yes No Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 64 64 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No Yes Specific procedures for the acceptance of the completion of works No Yes Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 82 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Chad Chile Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes Yes Forms of performance guarantee Insurance guarantee 34 Performance bond, Insurance guarantee 78 Timeframe for purchasing entity to return performance guarantee No Yes Circumstances where purchasing entity can collect performance guarantee No Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 45 30 Time to process payment starts from supplier's submission of invoice No Yes Time for supplier to actually receive payment (calendar days) Between 31 and 90 39 Between 31 and 90 76 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No Yes Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Independent review body and court Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders N/A Yes Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an No No independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes Upon request If the procurement process is suspended, bidders are notified No Yes Complaint reviewed by same people whose action is challenged (at procuring No N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) 60 365 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: - Modification; fees; overturn First-tier review body decisions are published: No Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 60 7 Cost to appeal the decision before the second-tier review body (USD)* No cost No cost Filing of complaint leads to suspension Yes Upon request Time for the second-tier review body to render a decision (calendar days) No data 258 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Overturn Modification; fees; overturn Second-tier review body decisions are published: No Online Post-award complaints Process to complain same than for pre-award complaints Yes Yes Standstill period after contract award to allow filing of complaints No No Standstill time period (calendar days) N/A N/A Standstill period mandated in the legal framework N/A N/A Standstill period set out in the notice of intention to award N/A N/A 83 China Colombia GNI per Capita (in USD) Latin America GNI per Capita (in USD) East Asia and Pacific $7,380 and Caribbean $7,780 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws, Calls for tender, Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 56 Yes 80 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free No Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes Yes Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes No Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Bid security Bid security Amount of bid security instrument Maximum percentage 94 Other 52 Cash deposit, Bank guarantee, Insurance Forms of bid security Bank guarantee, Insurance guarantee guarantee Choice for bidders on form of bid security instruments Yes Yes Timeframe for return of bid security instrument Yes No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes No deadline) Electronic opening of bids Sometimes Never If never, entities allowed to attend the opening session N/A Bid opening session is public Published online/Sent electronically to If always/sometimes, minutes of the opening session N/A Evaluation criteria all bidders Price and other qualitative elements 79 Price and other qualitative elements 43 Unsuccessful bidders individually notified of tender results Yes No Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online Yes No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 82 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations No Yes Purchasing entity can unilaterally modify contract during implementation phase No Yes Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 84 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. China Colombia Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes Yes Certified check, Certificate of deposit, Forms of performance guarantee Performance bond, Insurance guarantee, Letter of credit 70 Performance bond, Insurance guarantee 58 Timeframe for purchasing entity to return performance guarantee No No Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform Yes No Legal timeframe for the purchasing entity to process payment No timeframe 30 Time to process payment starts from supplier's submission of invoice N/A Yes Time for supplier to actually receive payment (calendar days) Between 0 and 30 67 Between 31 and 90 67 Interests and/or penalties payable in case of payment delays* N/A Yes Interests and/or penalties automatically paid without a supplier's request N/A No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Procuring entity and court Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an N/A N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes Upon request If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring Yes Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A N/A Time for first-tier review body to render a decision (calendar days) 7 25 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Modification; overturn Modification; overturn First-tier review body decisions are published: No Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 21 120 Cost to appeal the decision before the second-tier review body (USD)* No cost No cost Filing of complaint leads to suspension Upon request Upon request Time for the second-tier review body to render a decision (calendar days) 105 730 Legal time limit for second-tier review body to render decision Yes No Remedies legally granted by the second-tier review body: Overturn Modification; damages; compensation; fees; overturn Second-tier review body decisions are published: Online No Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints Yes No Standstill time period (calendar days) 3 N/A Standstill period mandated in the legal framework Yes N/A Standstill period set out in the notice of intention to award Yes N/A 85 Comoros Congo, Dem. Rep. GNI per Capita (in USD) GNI per Capita (in USD) Sub-Saharan Africa Sub-Saharan Africa $840 $410 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase Yes Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Materials publicly accessible online Laws Laws Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 62 Yes 57 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes No Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No data No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available No electronic means available No Form of bid instrument to guarantee bidder's offer Bid security, Bid declaration data Bid security 73 Amount of bid security instrument Maximum percentage Maximum percentage Forms of bid security Bank guarantee Bank guarantee Choice for bidders on form of bid security instruments No Yes Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No Yes deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bid opening session is public Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 57 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) No data Yes Purchasing entity has the obligation to: 59 64 Inform the other bidders of the post-award contract variations No data No Publish post-award variations No data No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes No Legal framework and procurement Specific procedures for the termination of the contract established in: Legal framework contract 86 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Comoros Congo, Dem. Rep. Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No Yes Forms of performance guarantee Performance bond 74 Performance bond 54 Timeframe for purchasing entity to return performance guarantee Yes No Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee Yes No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 84 90 Time to process payment starts from supplier's submission of invoice Yes Yes Time for supplier to actually receive payment (calendar days) Between 91 and 180 61 Between 31 and 90 67 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request Yes Yes Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint Yes No Process to complain same for actual and prospective bidders N/A N/A Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an N/A N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes Yes If the procurement process is suspended, bidders are notified Yes No Complaint reviewed by same people whose action is challenged (at procuring Yes Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A N/A Time for first-tier review body to render a decision (calendar days) 15 7 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: - Modification; overturn First-tier review body decisions are published: No Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 21 3 Cost to appeal the decision before the second-tier review body (USD)* 66 No cost Filing of complaint leads to suspension Yes Upon request Time for the second-tier review body to render a decision (calendar days) 15 30 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Damages; compensation; fees Modification Second-tier review body decisions are published: No Online Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 15 7 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award No No 87 Costa Rica Côte d'Ivoire Latin America GNI per Capita (in USD) GNI per Capita (in USD) Sub-Saharan Africa and Caribbean $9,750 $1,550 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Tender documents, Award notice Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 70 Yes 58 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Bid security Bid security Amount of bid security instrument Maximum percentage 94 Maximum percentage 65 Cash deposit, Bank guarantee, Insurance Forms of bid security Bank guarantee, Insurance guarantee guarantee Choice for bidders on form of bid security instruments Yes No Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes No deadline) Electronic opening of bids Sometimes Never If never, entities allowed to attend the opening session N/A Bidders or their representatives If always/sometimes, minutes of the opening session Published online N/A Evaluation criteria Price and other qualitative elements 79 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 64 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase Yes No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 88 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Costa Rica Côte d'Ivoire Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes No Certified check, Certificate of deposit, Forms of performance guarantee Performance bond, Insurance guarantee, Letter of credit 90 Certified check, Performance bond 58 Timeframe for purchasing entity to return performance guarantee Yes Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 45 90 Time to process payment starts from supplier's submission of invoice Yes Yes Time for supplier to actually receive payment (calendar days) Between 31 and 90 57 Between 91 and 180 51 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Independent review body and court Other Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No Yes Process to complain same for actual and prospective bidders Yes N/A Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an No N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes No If the procurement process is suspended, bidders are notified Yes N/A Complaint reviewed by same people whose action is challenged (at procuring N/A No entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: No N/A Time for first-tier review body to render a decision (calendar days) 19 7 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Modification Overturn First-tier review body decisions are published: Online and on the official gazette No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 365 7 Cost to appeal the decision before the second-tier review body (USD)* Legal stamps 50 Filing of complaint leads to suspension Upon request Yes Time for the second-tier review body to render a decision (calendar days) 700 14 Legal time limit for second-tier review body to render decision No Yes Remedies legally granted by the second-tier review body: Modification; damages; overturn Overturn Second-tier review body decisions are published: No Online Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 14 10 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award No No 89 Croatia Cyprus Europe and GNI per Capita (in USD) Europe and GNI per Capita (in USD) Central Asia $13,020 Central Asia $26,370 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Tender documents, Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 70 Yes 70 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No Yes Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security 67 Bid security, Bid declaration 57 Amount of bid security instrument Maximum percentage At discretion of procuring entity Forms of bid security Cash deposit, Bank guarantee Bank guarantee Choice for bidders on form of bid security instruments No No Timeframe for return of bid security instrument Yes No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes Yes deadline) Electronic opening of bids Sometimes Always If never, entities allowed to attend the opening session N/A N/A Published online/Sent electronically to If always/sometimes, minutes of the opening session Requested by the bidder Evaluation criteria all bidders Price and other qualitative elements 79 Price and other qualitative elements 86 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) No Yes Purchasing entity has the obligation to: 40 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works No Yes Neither legal framework nor procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 90 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Croatia Cyprus Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No No Forms of performance guarantee -- 30 -- 30 Timeframe for purchasing entity to return performance guarantee No No Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No Yes Legal timeframe for the purchasing entity to process payment 30 No timeframe Time to process payment starts from supplier's submission of invoice Yes N/A Time for supplier to actually receive payment (calendar days) Between 31 and 90 67 Between 31 and 90 59 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No No data Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Independent review body and court Independent review body and court Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders No Yes Complaining party has to prove damage in order to file a complaint Yes Yes Cost to file a complaint before the first-tier review body (USD)* 7,800 7,800 Notification to the procuring entity if complaint filed before a court or an Yes No independent review body If yes, timeframe (calendar days) Simultaneously N/A Filing of complaint leads to suspension Yes Yes If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring N/A N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: documents documents Time for first-tier review body to render a decision (calendar days) 40 75 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Modification; compensation; overturn Modification; overturn First-tier review body decisions are published: Online Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 30 75 Cost to appeal the decision before the second-tier review body (USD)* 867 133 Filing of complaint leads to suspension Upon request Upon request Time for the second-tier review body to render a decision (calendar days) 426 313 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Damages; overturn Fees; overturn Second-tier review body decisions are published: No Online Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 15 15 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award Yes Yes 91 Czech Republic Denmark GNI per Capita (in USD) GNI per Capita (in USD) OECD high income OECD high income $17,795 $61,310 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs Yes, Not publicly advertised Yes, Publicly advertised assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Laws, Calls for tender, Tender documents, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 78 N/A 88 Form(s) of bid security, if any Yes N/A Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform Email/Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security 78 No bid security requirement 75 Amount of bid security instrument Maximum percentage N/A Forms of bid security Cash deposit, Bank guarantee N/A Choice for bidders on form of bid security instruments Yes N/A Timeframe for return of bid security instrument Yes N/A Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes No deadline) Electronic opening of bids Sometimes Sometimes If never, entities allowed to attend the opening session N/A N/A If always/sometimes, minutes of the opening session Requested by the bidder Sent electronically to all bidders Evaluation criteria Price and other qualitative elements 64 Price and other qualitative elements 64 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract No Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes No Purchasing entity has the obligation to: 60 59 Inform the other bidders of the post-award contract variations No No Publish post-award variations Yes No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works No Yes Neither legal framework nor procurement Specific procedures for the termination of the contract established in: Procurement contract contract 92 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Czech Republic Denmark Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit No Yes Amount of performance guarantee is percentage of the contract value: N/A Yes Choice for suppliers on form of the performance guarantee N/A Yes Forms of performance guarantee N/A 0 Insurance guarantee 74 Timeframe for purchasing entity to return performance guarantee N/A Yes Circumstances where purchasing entity can collect performance guarantee N/A Yes Separate entity to oversee decision to withhold the performance guarantee N/A No Payment of suppliers score Supplier can request a payment online through an online platform No Yes Legal timeframe for the purchasing entity to process payment 30 30 Time to process payment starts from supplier's submission of invoice Yes Yes Time for supplier to actually receive payment (calendar days) Between 0 and 30 75 Between 0 and 30 100 Interests and/or penalties payable in case of payment delays* N/A N/A Interests and/or penalties automatically paid without a supplier's request N/A N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Independent review body and court Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body (USD)* No cost 1,751 Notification to the procuring entity if complaint filed before a court or an N/A Yes independent review body If yes, timeframe (calendar days) N/A Simultaneously Filing of complaint leads to suspension Upon request Upon request If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring Yes N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) 10 150 Legal time limit for first-tier review body to render decision Yes No Remedies legally granted by the first-tier review body: Modification; overturn Damages; overturn First-tier review body decisions are published: No Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 10 56 Cost to appeal the decision before the second-tier review body (USD)* 20,000 3,528 Filing of complaint leads to suspension Upon request Upon request Time for the second-tier review body to render a decision (calendar days) 120 450 Legal time limit for second-tier review body to render decision No No Remedies legally granted by the second-tier review body: Fees; overturn Damages; overturn Second-tier review body decisions are published: Online Online and on the official gazette Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 15 10 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award Yes Yes 93 Djibouti Dominica Middle East and GNI per Capita (in USD) Latin America GNI per Capita (in USD) North Africa $1,692 and Caribbean $7,070 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No data Open tendering as the default method of procurement No Yes Procurement portal(s) dedicated to public procurement No No Materials publicly accessible online -- Laws Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders No No data Amount of bid security, if any Yes 15 Yes 35 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated No Yes Method used to assess bids No Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract No No data Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No No data Answers provided by procuring entity made available to all interested bidders No Yes Bid submission score Bidders required to register on a government registry of suppliers No No data Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes No Methods for bid submission No electronic means available No electronic means available No Form of bid instrument to guarantee bidder's offer Bid security 48 Bid security data Amount of bid security instrument Maximum percentage Maximum percentage Forms of bid security Cash deposit Bank guarantee, Insurance guarantee Choice for bidders on form of bid security instruments No Yes Timeframe for return of bid security instrument No Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No Yes deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bidders or their representatives Bidders or their representatives If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 57 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) No 50 Yes 59 Purchasing entity has the obligation to: Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works No No data Specific procedures for the termination of the contract established in: Legal framework Procurement contract 94 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Djibouti Dominica Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No No data Forms of performance guarantee Performance bond 34 Performance bond, Insurance guarantee 38 Timeframe for purchasing entity to return performance guarantee No No data Circumstances where purchasing entity can collect performance guarantee Yes No data Separate entity to oversee decision to withhold the performance guarantee No Yes Payment of suppliers score Supplier can request a payment online through an online platform No No data Legal timeframe for the purchasing entity to process payment No timeframe No data Time to process payment starts from supplier's submission of invoice N/A No data No Time for supplier to actually receive payment (calendar days) Between 31 and 90 15 No data data Interests and/or penalties payable in case of payment delays* No Yes Interests and/or penalties automatically paid without a supplier's request N/A No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No Yes Process to complain same for actual and prospective bidders No N/A Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an N/A No independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension No Yes If the procurement process is suspended, bidders are notified N/A Yes Complaint reviewed by same people whose action is challenged (at procuring Yes N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A No Time for first-tier review body to render a decision (calendar days) 7 No data Legal time limit for first-tier review body to render decision Yes No Remedies legally granted by the first-tier review body: - - First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 7 No data Cost to appeal the decision before the second-tier review body (USD)* 6 No data Filing of complaint leads to suspension Yes Yes Time for the second-tier review body to render a decision (calendar days) 730 No data Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Overturn Compensation Second-tier review body decisions are published: No No Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints No Yes Standstill time period (calendar days) N/A 7 Standstill period mandated in the legal framework N/A Yes Standstill period set out in the notice of intention to award N/A No 95 Dominican Republic Ecuador LATIN AMERICA GNI per Capita (in USD) LATIN AMERICA GNI per Capita (in USD) AND CARIBBEAN $5,950 AND CARIBBEAN $6,040 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No Yes, Not publicly advertised assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Tender documents, Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 70 N/A 78 Form(s) of bid security, if any Yes N/A Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes Yes Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission No Yes Methods for bid submission No electronic means available Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security 77 No bid security requirement 100 Amount of bid security instrument Maximum percentage N/A Forms of bid security Bank guarantee, Insurance guarantee N/A Choice for bidders on form of bid security instruments Yes N/A Timeframe for return of bid security instrument Yes N/A Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes No deadline) Electronic opening of bids Never Sometimes If never, entities allowed to attend the opening session Bid opening session is public N/A If always/sometimes, minutes of the opening session N/A Published online Evaluation criteria Price and other qualitative elements 71 Price and other qualitative elements 50 Unsuccessful bidders individually notified of tender results Yes No Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 59 82 Inform the other bidders of the post-award contract variations No No Publish post-award variations No Yes Purchasing entity can unilaterally modify contract during implementation phase Yes No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 96 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Dominican Republic Ecuador Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes Yes Certificate of deposit, Performance bond, Forms of performance guarantee Insurance guarantee 34 Insurance guarantee, Letter of credit 86 Timeframe for purchasing entity to return performance guarantee No Yes Circumstances where purchasing entity can collect performance guarantee No Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment No timeframe 10 Time to process payment starts from supplier's submission of invoice N/A No Time for supplier to actually receive payment (calendar days) More than 181 0 Between 31 and 90 48 Interests and/or penalties payable in case of payment delays* No Yes Interests and/or penalties automatically paid without a supplier's request N/A No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint Yes Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an N/A No independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Upon request Yes If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring Yes N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) 23 15 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Modification; overturn - First-tier review body decisions are published: No Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 30 3 Cost to appeal the decision before the second-tier review body (USD)* No cost No cost Filing of complaint leads to suspension Upon request Upon request Time for the second-tier review body to render a decision (calendar days) 23 15 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Modification; overturn Overturn Second-tier review body decisions are published: Online No Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints Yes No Standstill time period (calendar days) 7 N/A Standstill period mandated in the legal framework Yes N/A Standstill period set out in the notice of intention to award Yes N/A 97 Egypt, Arab Rep. El Salvador Middle East and GNI per Capita (in USD) LATIN AMERICA GNI per Capita (in USD) North Africa $3,280 AND CARIBBEAN $3,780 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase Yes No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Laws, Calls for tender, Tender documents, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 63 Yes 70 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free No Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No Yes Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 78 Bid security 77 Amount of bid security instrument Maximum percentage Maximum percentage Forms of bid security Cash deposit, Bank guarantee Bank guarantee, Insurance guarantee Choice for bidders on form of bid security instruments Yes No Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bidders or their representatives Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 29 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results No Yes Unsuccessful bidders can obtain feedback on reasons for not winning No Yes If no, debriefing organized for unsuccessful bidders No N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 64 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase Yes No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 98 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Egypt, Arab Rep. El Salvador Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes No Certified check, Certificate of deposit, Forms of performance guarantee Certified check 74 Performance bond, Insurance guarantee 66 Timeframe for purchasing entity to return performance guarantee Yes Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 21 No timeframe Time to process payment starts from supplier's submission of invoice No N/A Time for supplier to actually receive payment (calendar days) Between 31 and 90 30 Between 31 and 90 37 Interests and/or penalties payable in case of payment delays* No Yes Interests and/or penalties automatically paid without a supplier's request N/A No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other No pre-award Choice of the authority before which filing a complaint Yes No First-tier review During pre-award stage, only actual bidders have standing to complaint No No pre-award Process to complain same for actual and prospective bidders Yes No pre-award Complaining party has to prove damage in order to file a complaint Yes No pre-award Cost to file a complaint before the first-tier review body (USD)* No cost No pre-award Notification to the procuring entity if complaint filed before a court or an No No pre-award independent review body If yes, timeframe (calendar days) N/A No pre-award Filing of complaint leads to suspension No No pre-award If the procurement process is suspended, bidders are notified N/A No pre-award Complaint reviewed by same people whose action is challenged (at procuring N/A No pre-award entity) Mandatory training programs on complaints resolution for agents reviewing No No pre-award complaints Procuring entity required to provide first-tier review body with: No No pre-award Time for first-tier review body to render a decision (calendar days) 35 No pre-award Legal time limit for first-tier review body to render decision Yes No pre-award Remedies legally granted by the first-tier review body: Modification No pre-award First-tier review body decisions are published: No No pre-award Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes No pre-award decisions Time limit to appeal (calendar days) 60 No pre-award Cost to appeal the decision before the second-tier review body (USD)* No cost No pre-award Filing of complaint leads to suspension Upon request No pre-award Time for the second-tier review body to render a decision (calendar days) 229 No pre-award Legal time limit for second-tier review body to render decision No No pre-award Remedies legally granted by the second-tier review body: Damages; compensation; overturn No pre-award Second-tier review body decisions are published: No No pre-award Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints No Yes Standstill time period (calendar days) N/A 7 Standstill period mandated in the legal framework N/A Yes Standstill period set out in the notice of intention to award N/A No 99 Equatorial Guinea Eritrea GNI per Capita (in USD) GNI per Capita (in USD) Sub-Saharan Africa Sub-Saharan Africa $13,340 $530 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement No No Materials publicly accessible online -- -- Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders No Yes Amount of bid security, if any Yes 29 Yes 30 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated No Yes Method used to assess bids No Yes Main terms and conditions of the contract No Yes Payment schedule under the procurement contract No Yes Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No No Answers provided by procuring entity made available to all interested bidders Yes No Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes No Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 73 Bid security 57 Amount of bid security instrument Maximum percentage At discretion of procuring entity Forms of bid security Cash deposit Cash deposit, Bank guarantee Choice for bidders on form of bid security instruments Yes No Timeframe for return of bid security instrument Yes No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bidders or their representatives Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A No Evaluation criteria Price and other qualitative elements 29 Price and other qualitative elements data Unsuccessful bidders individually notified of tender results No No data Unsuccessful bidders can obtain feedback on reasons for not winning Yes No data If no, debriefing organized for unsuccessful bidders N/A No Model contracts with standard clauses used when awarding a contract No No Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes No Purchasing entity has the obligation to: 68 55 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes No Legal framework and procurement Specific procedures for the termination of the contract established in: Legal framework contract 100 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Equatorial Guinea Eritrea Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes No data Amount of performance guarantee is percentage of the contract value: Yes No data Choice for suppliers on form of the performance guarantee Yes No data No Forms of performance guarantee -- 70 No data data Timeframe for purchasing entity to return performance guarantee Yes No data Circumstances where purchasing entity can collect performance guarantee Yes No data Separate entity to oversee decision to withhold the performance guarantee No No data Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment No timeframe No timeframe Time to process payment starts from supplier's submission of invoice N/A N/A Time for supplier to actually receive payment (calendar days) More than 181 22 Between 31 and 90 15 Interests and/or penalties payable in case of payment delays* Yes No data Interests and/or penalties automatically paid without a supplier's request No No data Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Procuring entity and court No pre-award Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint Yes No pre-award Process to complain same for actual and prospective bidders N/A No pre-award Complaining party has to prove damage in order to file a complaint No No pre-award Cost to file a complaint before the first-tier review body (USD)* 4 No pre-award Notification to the procuring entity if complaint filed before a court or an N/A No pre-award independent review body If yes, timeframe (calendar days) N/A No pre-award Filing of complaint leads to suspension No No pre-award If the procurement process is suspended, bidders are notified N/A No pre-award Complaint reviewed by same people whose action is challenged (at procuring Yes No pre-award entity) Mandatory training programs on complaints resolution for agents reviewing No No pre-award complaints Procuring entity required to provide first-tier review body with: N/A No pre-award Time for first-tier review body to render a decision (calendar days) 105 No pre-award Legal time limit for first-tier review body to render decision Yes No pre-award Remedies legally granted by the first-tier review body: Overturn No pre-award First-tier review body decisions are published: No No pre-award Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes No pre-award decisions Time limit to appeal (calendar days) 60 No pre-award Cost to appeal the decision before the second-tier review body (USD)* 6 No pre-award Filing of complaint leads to suspension No No pre-award Time for the second-tier review body to render a decision (calendar days) No data No pre-award Legal time limit for second-tier review body to render decision No No pre-award Remedies legally granted by the second-tier review body: - No pre-award Second-tier review body decisions are published: Procuring entity’s bulletin board No pre-award Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints No No Standstill time period (calendar days) N/A N/A Standstill period mandated in the legal framework N/A N/A Standstill period set out in the notice of intention to award N/A N/A 101 Estonia Ethiopia GNI per Capita (in USD) GNI per Capita (in USD) OECD high income Sub-Saharan Africa $18,530 $550 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws, Calls for tender, Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 70 Yes 51 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes No Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No Yes Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Bid security Bid security Amount of bid security instrument Maximum percentage 82 Maximum percentage, Maximum flat 94 amount Cash deposit, Bank guarantee, Insurance Cash deposit, Bank guarantee, Insurance Forms of bid security guarantee guarantee Choice for bidders on form of bid security instruments Yes Yes Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No Yes deadline) Electronic opening of bids Sometimes Never If never, entities allowed to attend the opening session N/A Bid opening session is public Published online/Sent electronically to If always/sometimes, minutes of the opening session N/A Evaluation criteria all bidders Price and other qualitative elements 64 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online platform Yes No Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 73 64 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No Yes Specific procedures for the acceptance of the completion of works No Yes Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 102 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Estonia Ethiopia Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No Yes Forms of performance guarantee Insurance guarantee 14 Certified check, Letter of credit 78 Timeframe for purchasing entity to return performance guarantee No No Circumstances where purchasing entity can collect performance guarantee No Yes Separate entity to oversee decision to withhold the performance guarantee No Yes Payment of suppliers score Supplier can request a payment online through an online platform Yes No Legal timeframe for the purchasing entity to process payment 60 18 Time to process payment starts from supplier's submission of invoice Yes No Time for supplier to actually receive payment (calendar days) Between 0 and 30 88 Between 31 and 90 48 Interests and/or penalties payable in case of payment delays* N/A Yes Interests and/or penalties automatically paid without a supplier's request N/A No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Independent review body and court Other Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No Yes Process to complain same for actual and prospective bidders Yes N/A Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body (USD)* 818 No cost Notification to the procuring entity if complaint filed before a court or an No N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Upon request Yes If the procurement process is suspended, bidders are notified Yes No Complaint reviewed by same people whose action is challenged (at procuring N/A No entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) 24 14 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Modification; damages; compensation; overturn - First-tier review body decisions are published: Online No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 10 7 Cost to appeal the decision before the second-tier review body (USD)* 818 No cost Filing of complaint leads to suspension Upon request Yes Time for the second-tier review body to render a decision (calendar days) 45 25 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Modification; damages; compensation; fees; overturn - Second-tier review body decisions are published: Online No Post-award complaints Process to complain same than for pre-award complaints Yes Yes Standstill period after contract award to allow filing of complaints Yes No Standstill time period (calendar days) 14 N/A Standstill period mandated in the legal framework Yes N/A Standstill period set out in the notice of intention to award No N/A 103 Fiji Finland GNI per Capita (in USD) GNI per Capita (in USD) East Asia and Pacific OECD high income $4,540 $47,380 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs Yes, Publicly advertised No assessment Internal market analysis guidelines during market research phase No data No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Laws, Calls for tender, Tender documents, Materials publicly accessible online Award notice Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders No Yes No Amount of bid security, if any No data N/A 66 Form(s) of bid security, if any No N/A Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract No Yes Accessibility of tender documents for free Yes Yes Possiblity for bidders to ask questions to procuring entity No data Yes Timeframe for procuring entity to address bidders’ questions No data Yes Answers provided by procuring entity made available to all interested bidders No data Yes Bid submission score Bidders required to register on a government registry of suppliers No data No Foreign firms eligible to submit bids No data Yes Minimum time period for bid submission Yes No Methods for bid submission No data Email/Electronic procurement platform No Form of bid instrument to guarantee bidder's offer No data data No bid security requirement 50 Amount of bid security instrument No data N/A Forms of bid security No data N/A Choice for bidders on form of bid security instruments No data N/A Timeframe for return of bid security instrument No data N/A Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids No data Sometimes If never, entities allowed to attend the opening session No data N/A If always/sometimes, minutes of the opening session N/A Requested by the bidder Evaluation criteria Price and other qualitative elements 57 Price and other qualitative elements 64 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No data No Timeframe for delivery renegotiated No data No Financial aspects renegotiated No data No No Specific procedures to follow for contract variations (once contract is signed) No data data No 59 Purchasing entity has the obligation to: Inform the other bidders of the post-award contract variations No data No Publish post-award variations No data No Purchasing entity can unilaterally modify contract during implementation phase No data No Specific procedures for the acceptance of the completion of works No data Yes Specific procedures for the termination of the contract established in: No data Procurement contract 104 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Fiji Finland Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit No data No Amount of performance guarantee is percentage of the contract value: No data N/A Choice for suppliers on form of the performance guarantee No data N/A No Forms of performance guarantee No data data N/A 0 Timeframe for purchasing entity to return performance guarantee No data N/A Circumstances where purchasing entity can collect performance guarantee No data N/A Separate entity to oversee decision to withhold the performance guarantee No data N/A Payment of suppliers score Supplier can request a payment online through an online platform No Yes Legal timeframe for the purchasing entity to process payment No data 30 Time to process payment starts from supplier's submission of invoice No data No Yes Time for supplier to actually receive payment (calendar days) No data data Between 0 and 30 100 Interests and/or penalties payable in case of payment delays* No data N/A Interests and/or penalties automatically paid without a supplier's request No data N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Independent review body and court Other Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint Yes No Process to complain same for actual and prospective bidders N/A Yes Complaining party has to prove damage in order to file a complaint No Yes Cost to file a complaint before the first-tier review body No data No cost Notification of the procuring if complaint filed before a court or an Yes N/A independent review body If yes, timeframe (calendar days) 7 N/A Filing of complaint leads to suspension No No If the procurement process is suspended, bidders are notified N/A N/A Complaint reviewed by same people whose action is challenged (at procuring N/A Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: A response to the complaint N/A Time for first-tier review body to render a decision (calendar days) No data 34 Legal time limit for first-tier review body to render decision No data No Remedies legally granted by the first-tier review body: - Overturn First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) No data 14 Cost to appeal the decision before the second-tier review body No data 7,775 Step(s) that could trigger suspension of the procurement process No data Upon request Time for the second-tier review body to render a decision (calendar days) No Data 180 Legal time limit for second-tier review body to render decision No No Remedies legally granted by the second-tier review body: - Modification; overturn Second-tier review body decisions are published: No Online Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints No data No Standstill time period (calendar days) No data N/A Standstill period mandated in the legal framework No data N/A Standstill period set out in the notice of intention to award No data N/A 105 France Gabon GNI per Capita (in USD) GNI per Capita (in USD) OECD high income Sub-Saharan Africa $43,080 $9,320 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs Yes, Not publicly advertised No assessment Internal market analysis guidelines during market research phase No Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Laws, Calls for tender, Tender documents, Materials publicly accessible online Laws Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any N/A 69 Yes 62 Form(s) of bid security, if any N/A Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract No Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer No bid security requirement 71 Bid security 73 Amount of bid security instrument N/A Maximum percentage Forms of bid security N/A Bank guarantee Choice for bidders on form of bid security instruments N/A Yes Timeframe for return of bid security instrument N/A Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Sometimes Never If never, entities allowed to attend the opening session N/A Bid opening session is public If always/sometimes, minutes of the opening session Requested by the bidder N/A Evaluation criteria Price and other qualitative elements 64 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 73 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations Yes No Purchasing entity can unilaterally modify contract during implementation phase Yes No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 106 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. France Gabon Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No No Forms of performance guarantee Performance bond, Insurance guarantee 58 -- 10 Timeframe for purchasing entity to return performance guarantee Yes No data Circumstances where purchasing entity can collect performance guarantee Yes No data Separate entity to oversee decision to withhold the performance guarantee No No data Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 30 90 Time to process payment starts from supplier's submission of invoice No Yes Time for supplier to actually receive payment (calendar days) Between 0 and 30 50 More than 181 45 Interests and/or penalties payable in case of payment delays* N/A Yes Interests and/or penalties automatically paid without a supplier's request N/A No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other No second-tier for pre-award Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint Yes Yes Cost to file a complaint before the first-tier review body No cost No cost Notification of the procuring if complaint filed before a court or an Yes N/A independent review body If yes, timeframe (calendar days) Simultaneously N/A Filing of complaint leads to suspension Yes Yes If the procurement process is suspended, bidders are notified No Yes Complaint reviewed by same people whose action is challenged (at procuring N/A Yes entity) Mandatory training programs on complaints resolution for agents reviewing No Yes complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) 20 7 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Modification; fees; overturn - First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes No second-tier decisions Time limit to appeal (calendar days) 15 No second-tier Cost to appeal the decision before the second-tier review body No cost No second-tier Step(s) that could trigger suspension of the procurement process No No second-tier Time for the second-tier review body to render a decision (calendar days) 198 No second-tier Legal time limit for second-tier review body to render decision No No second-tier Remedies legally granted by the second-tier review body: Modification; overturn No second-tier Second-tier review body decisions are published: Online No second-tier Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 16 14 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award Yes Yes 107 Gambia, The Georgia GNI per Capita (in USD) Europe and GNI per Capita (in USD) Sub-Saharan Africa $450 Central Asia $3,720 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders No Yes Amount of bid security, if any Yes 46 Yes 70 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free No Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security, Bid declaration Bid security Amount of bid security instrument Maximum percentage 83 Maximum percentage 59 Cash deposit, Bank guarantee, Insurance Forms of bid security Bank guarantee, Insurance guarantee guarantee Choice for bidders on form of bid security instruments No No Timeframe for return of bid security instrument Yes No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes Yes deadline) Electronic opening of bids Never Always If never, entities allowed to attend the opening session Other: Independent observers N/A If always/sometimes, minutes of the opening session N/A Published online Evaluation criteria Price and other qualitative elements 57 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results No No Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 73 77 Inform the other bidders of the post-award contract variations No No Publish post-award variations No Yes Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 108 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Gambia, The Georgia Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No No Performance bond, Insurance guarantee, Forms of performance guarantee Letter of credit 42 Insurance guarantee 54 Timeframe for purchasing entity to return performance guarantee No No Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No Yes Payment of suppliers score Supplier can request a payment online through an online platform No Yes Legal timeframe for the purchasing entity to process payment No timeframe No timeframe Time to process payment starts from supplier's submission of invoice N/A N/A Time for supplier to actually receive payment (calendar days) Between 0 and 30 33 Between 0 and 30 67 Interests and/or penalties payable in case of payment delays* N/A N/A Interests and/or penalties automatically paid without a supplier's request N/A N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an N/A No independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes Yes If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring Yes N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A No Time for first-tier review body to render a decision (calendar days) 14 14 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Modification; compensation; overturn Compensation; overturn First-tier review body decisions are published: No Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 14 30 Cost to appeal the decision before the second-tier review body (USD)* No cost 58 Filing of complaint leads to suspension Yes Upon request Time for the second-tier review body to render a decision (calendar days) 14 83 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Modification; compensation; overturn Modification; overturn Second-tier review body decisions are published: No Online Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 10 5 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award Yes Yes 109 Germany Ghana GNI per Capita (in USD) GNI per Capita (in USD) OECD high income Sub-Saharan Africa $47,640 $1,620 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase Yes No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Laws, Calls for tender, Tender documents, Materials publicly accessible online Laws, Calls for tender, Award notice Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any N/A 76 Yes 56 Form(s) of bid security, if any N/A Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Other 29 Bid security 44 Amount of bid security instrument N/A At discretion of procuring entity Forms of bid security N/A -- Choice for bidders on form of bid security instruments N/A No Timeframe for return of bid security instrument N/A Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes Yes deadline) Electronic opening of bids Sometimes Never If never, entities allowed to attend the opening session N/A Bidders or their representatives If always/sometimes, minutes of the opening session Requested by the bidder N/A Evaluation criteria Price and other qualitative elements 79 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online Yes No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 82 68 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 110 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Germany Ghana Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes No Performance bond, Insurance guarantee, Forms of performance guarantee Certificate of deposit, Insurance guarantee 78 Letter of credit 62 Timeframe for purchasing entity to return performance guarantee Yes Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 30 56 Time to process payment starts from supplier's submission of invoice Yes Yes Time for supplier to actually receive payment (calendar days) Between 31 and 90 67 Between 31 and 90 57 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Procuring entity and court Other Choice of the authority before which filing a complaint Yes Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body No cost No cost Notification of the procuring if complaint filed before a court or an N/A N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension No Upon request If the procurement process is suspended, bidders are notified N/A Yes Complaint reviewed by same people whose action is challenged (at procuring Yes Yes entity) Mandatory training programs on complaints resolution for agents reviewing No Yes complaints Procuring entity required to provide first-tier review body with: N/A N/A Time for first-tier review body to render a decision (calendar days) 35 21 Legal time limit for first-tier review body to render decision No Yes Remedies legally granted by the first-tier review body: - Modification; compensation; overturn First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) Law is silent 21 Cost to appeal the decision before the second-tier review body 3,231 No cost Step(s) that could trigger suspension of the procurement process Upon request Upon request Time for the second-tier review body to render a decision (calendar days) 143 35 Legal time limit for second-tier review body to render decision No Yes Remedies legally granted by the second-tier review body: Modification; overturn Modification; compensation; overturn Second-tier review body decisions are published: Online Online Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints No No Standstill time period (calendar days) N/A N/A Standstill period mandated in the legal framework N/A N/A Standstill period set out in the notice of intention to award N/A N/A 111 Greece Grenada GNI per Capita (in USD) LATIN AMERICA GNI per Capita (in USD) OECD high income $22,090 AND CARIBBEAN $7,850 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase N/A No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes No Procurement plans, Laws, Calls for tender, Materials publicly accessible online No data Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 63 Yes 34 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes No Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No No data Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes No Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Bid security Bid security, Bid declaration Amount of bid security instrument Maximum percentage 78 Maximum percentage 75 Cash deposit, Bank guarantee, Insurance Forms of bid security Bank guarantee, Insurance guarantee guarantee Choice for bidders on form of bid security instruments No Yes Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bidders or their representatives Bidders or their representatives If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 71 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated Yes No data Timeframe for delivery renegotiated No No data Financial aspects renegotiated No No data Specific procedures to follow for contract variations (once contract is signed) Yes No data Purchasing entity has the obligation to: 64 27 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes No Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 112 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Greece Grenada Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No Yes Forms of performance guarantee Insurance guarantee 34 Insurance guarantee, Letter of credit 58 Timeframe for purchasing entity to return performance guarantee No No Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 60 No timeframe Time to process payment starts from supplier's submission of invoice Yes N/A Time for supplier to actually receive payment (calendar days) Between 31 and 90 57 Between 0 and 30 33 Interests and/or penalties payable in case of payment delays* Yes No data Interests and/or penalties automatically paid without a supplier's request No No data Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Procuring entity and court Other Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint Yes No Process to complain same for actual and prospective bidders N/A Yes Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* 1,008 No cost Notification to the procuring entity if complaint filed before a court or an N/A N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension No Yes If the procurement process is suspended, bidders are notified N/A Yes Complaint reviewed by same people whose action is challenged (at procuring No No entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A N/A Time for first-tier review body to render a decision (calendar days) 30 No data Legal time limit for first-tier review body to render decision No Yes Remedies legally granted by the first-tier review body: - - First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 60 14 Cost to appeal the decision before the second-tier review body (USD)* 310 No cost Filing of complaint leads to suspension Upon request Upon request Time for the second-tier review body to render a decision (calendar days) 60 No data Legal time limit for second-tier review body to render decision No Yes Remedies legally granted by the second-tier review body: Modification; fees; overturn Modification; damages; compensation; fees; overturn Second-tier review body decisions are published: No No Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 30 14 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award No Yes 113 Guatemala Guinea LATIN AMERICA GNI per Capita (in USD) GNI per Capita (in USD) Sub-Saharan Africa AND CARIBBEAN $3,440 $480 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Procurement plans, Laws, Calls for tender Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders No No Amount of bid security, if any Yes 58 Yes 49 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids No Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes No Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes No Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform Email Form of bid instrument to guarantee bidder's offer Bid security 78 Bid security 51 Amount of bid security instrument Maximum percentage Maximum percentage Forms of bid security Cash deposit, Insurance guarantee Bank guarantee Choice for bidders on form of bid security instruments Yes No Timeframe for return of bid security instrument No No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No Yes deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bid opening session is public Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 43 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results No Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 77 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations Yes No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 114 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Guatemala Guinea Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes No Forms of performance guarantee Certified check, Insurance guarantee 58 Performance bond 54 Timeframe for purchasing entity to return performance guarantee No Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 30 30 Time to process payment starts from supplier's submission of invoice Yes No Time for supplier to actually receive payment (calendar days) Between 31 and 90 67 Between 31 and 90 30 Interests and/or penalties payable in case of payment delays* Yes No Interests and/or penalties automatically paid without a supplier's request No N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint Yes Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders No Yes Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* No cost 67 Notification to the procuring entity if complaint filed before a court or an N/A No independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Upon request Yes If the procurement process is suspended, bidders are notified Yes No Complaint reviewed by same people whose action is challenged (at procuring No N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A No Time for first-tier review body to render a decision (calendar days) 135 9 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: - - First-tier review body decisions are published: Online Online and on the official gazette Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 90 7 Cost to appeal the decision before the second-tier review body (USD)* Stamp tax No cost Filing of complaint leads to suspension Upon request No Time for the second-tier review body to render a decision (calendar days) 433 9 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Overturn - Second-tier review body decisions are published: No No Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 14 21 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award No No 115 Guinea-Bissau Haiti GNI per Capita (in USD) LATIN AMERICA GNI per Capita (in USD) Sub-Saharan Africa $570 AND CARIBBEAN $830 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online -- Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders No Yes Amount of bid security, if any Yes 40 Yes 68 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids No Yes Main terms and conditions of the contract No Yes Payment schedule under the procurement contract No Yes Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 44 Bid security 65 Amount of bid security instrument Maximum percentage Maximum percentage Forms of bid security -- Bank guarantee, Insurance guarantee Choice for bidders on form of bid security instruments No No Timeframe for return of bid security instrument No Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No Yes deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bid opening session is public Bid opening session is public If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 43 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract No Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes 59 Yes 59 Purchasing entity has the obligation to: Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works No No Specific procedures for the termination of the contract established in: Legal framework Legal framework 116 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Guinea-Bissau Haiti Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee No No Forms of performance guarantee -- 50 Performance bond, Insurance guarantee 58 Timeframe for purchasing entity to return performance guarantee Yes Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 60 60 Time to process payment starts from supplier's submission of invoice No No Time for supplier to actually receive payment (calendar days) More than 181 36 Between 31 and 90 48 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request Yes Yes Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint Yes No First-tier review During pre-award stage, only actual bidders have standing to complaint Yes Yes Process to complain same for actual and prospective bidders N/A N/A Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an N/A N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes No If the procurement process is suspended, bidders are notified Yes N/A Complaint reviewed by same people whose action is challenged (at procuring Yes Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A N/A Time for first-tier review body to render a decision (calendar days) 7 9 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Modification; overturn - First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 7 7 Cost to appeal the decision before the second-tier review body (USD)* No cost No cost Filing of complaint leads to suspension Yes Upon request Time for the second-tier review body to render a decision (calendar days) 7 10 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Overturn - Second-tier review body decisions are published: No Online and on procuring entity’s bulletin board Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints Yes No Standstill time period (calendar days) 15 N/A Standstill period mandated in the legal framework Yes N/A Standstill period set out in the notice of intention to award Yes N/A 117 Honduras Hong Kong SAR, China LATIN AMERICA GNI per Capita (in USD) GNI per Capita (in USD) East Asia and Pacific AND CARIBBEAN $2,190 $40,320 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Tender documents, Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders No Yes Amount of bid security, if any Yes 54 N/A 63 Form(s) of bid security, if any Yes N/A Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free No Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No No Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission No electronic means available Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security 65 No bid security requirement 71 Amount of bid security instrument Other N/A Forms of bid security Bank guarantee, Insurance guarantee N/A Choice for bidders on form of bid security instruments No N/A Timeframe for return of bid security instrument Yes N/A Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Never If never, entities allowed to attend the opening session Bid opening session is public Not specified in legal framework If always/sometimes, minutes of the opening session N/A N/A Evaluation criteria Price and other qualitative elements 43 Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning No Yes If no, debriefing organized for unsuccessful bidders No N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 64 68 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase Yes No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 118 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Honduras Hong Kong SAR, China Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes No Amount of performance guarantee is percentage of the contract value: Yes N/A Choice for suppliers on form of the performance guarantee No N/A Certified check, Performance bond, Forms of performance guarantee Insurance guarantee, 42 N/A 0 Timeframe for purchasing entity to return performance guarantee No N/A Circumstances where purchasing entity can collect performance guarantee Yes N/A Separate entity to oversee decision to withhold the performance guarantee No N/A Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 45 No timeframe Time to process payment starts from supplier's submission of invoice No N/A Time for supplier to actually receive payment (calendar days) Between 31 and 90 39 Between 0 and 30 33 Interests and/or penalties payable in case of payment delays* Yes N/A Interests and/or penalties automatically paid without a supplier's request No N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Procuring entity and court Other Choice of the authority before which filing a complaint No Yes First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body No cost No cost Notification of the procuring if complaint filed before a court or an N/A N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Upon request No If the procurement process is suspended, bidders are notified Yes N/A Complaint reviewed by same people whose action is challenged (at procuring Yes No entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints Procuring entity required to provide first-tier review body with: N/A N/A Time for first-tier review body to render a decision (calendar days) 53 34 Legal time limit for first-tier review body to render decision Yes No Remedies legally granted by the first-tier review body: - - First-tier review body decisions are published: No No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 15 14 Cost to appeal the decision before the second-tier review body No cost No cost Step(s) that could trigger suspension of the procurement process Upon request Upon request Time for the second-tier review body to render a decision (calendar days) 90 135 Legal time limit for second-tier review body to render decision Yes No Remedies legally granted by the second-tier review body: - Compensation; fees Second-tier review body decisions are published: No Online Post-award complaints Process to complain same than for pre-award complaints Yes Yes Standstill period after contract award to allow filing of complaints No No Standstill time period (calendar days) N/A N/A Standstill period mandated in the legal framework N/A N/A Standstill period set out in the notice of intention to award N/A N/A 119 Hungary Iceland GNI per Capita (in USD) GNI per Capita (in USD) OECD high income OECD high income $13,470 $47,640 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs Yes, Not publicly advertised No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Tender documents, Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 80 N/A 58 Form(s) of bid security, if any Yes N/A Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform Email Form of bid instrument to guarantee bidder's offer Bid security No bid security requirement Amount of bid security instrument At discretion of procuring entity 71 N/A 71 Cash deposit, Bank guarantee, Insurance Forms of bid security N/A guarantee Choice for bidders on form of bid security instruments Yes N/A Timeframe for return of bid security instrument Yes N/A Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes Yes deadline) Electronic opening of bids Sometimes Sometimes If never, entities allowed to attend the opening session N/A N/A Published online/Sent electronically to If always/sometimes, minutes of the opening session Sent electronically to all bidders Evaluation criteria all bidders Price and other qualitative elements 79 Price and other qualitative elements 64 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes No Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes No Purchasing entity has the obligation to: 77 50 Inform the other bidders of the post-award contract variations No No Publish post-award variations Yes No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Neither legal framework nor procurement Specific procedures for the termination of the contract established in: Legal framework contract 120 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Hungary Iceland Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes No Amount of performance guarantee is percentage of the contract value: Yes N/A Choice for suppliers on form of the performance guarantee Yes N/A Certificate of deposit, Performance bond, Forms of performance guarantee Insurance guarantee 62 N/A 0 Timeframe for purchasing entity to return performance guarantee No N/A Circumstances where purchasing entity can collect performance guarantee Yes N/A Separate entity to oversee decision to withhold the performance guarantee No N/A Payment of suppliers score Supplier can request a payment online through an online platform No Yes Legal timeframe for the purchasing entity to process payment 30 No timeframe Time to process payment starts from supplier's submission of invoice Yes N/A Time for supplier to actually receive payment (calendar days) Between 31 and 90 76 Between 0 and 30 67 Interests and/or penalties payable in case of payment delays* Yes N/A Interests and/or penalties automatically paid without a supplier's request Yes N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Independent review body and court Choice of the authority before which filing a complaint Yes No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* 0.5% of claim* 1,198 Notification to the procuring entity if complaint filed before a court or an Yes No independent review body If yes, timeframe (calendar days) Simultaneously N/A Filing of complaint leads to suspension Upon request Upon request If the procurement process is suspended, bidders are notified Yes Yes Complaint reviewed by same people whose action is challenged (at procuring N/A N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: documents documents Time for first-tier review body to render a decision (calendar days) 40 70 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Fees Modification; fees ; overturn First-tier review body decisions are published: Online Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 15 180 Cost to appeal the decision before the second-tier review body (USD)* 6% of claim (min. USD 64 - max. USD 6,426) * 240 Filing of complaint leads to suspension Upon request No Time for the second-tier review body to render a decision (calendar days) 30 360 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Overturn - Second-tier review body decisions are published: Online Online Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 10 10 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award No Yes 121 India Indonesia GNI per Capita (in USD) GNI per Capita (in USD) South Asia East Asia and Pacific $1,610 $3,650 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase Yes No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Laws, Calls for tender, Tender documents, Procurement plans, Laws, Calls for tender, Materials publicly accessible online Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes No Amount of bid security, if any Yes 63 No 64 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes No Method used to assess bids Yes No Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes No Accessibility of tender documents for free No Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security 75 Bid security 67 Amount of bid security instrument Maximum percentage Maximum percentage Forms of bid security Bank guarantee Bank guarantee, Insurance guarantee Choice for bidders on form of bid security instruments Yes Yes Timeframe for return of bid security instrument Yes No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No Yes deadline) Electronic opening of bids Sometimes Sometimes If never, entities allowed to attend the opening session N/A N/A Published online/Sent electronically to Published online/Sent electronically to If always/sometimes, minutes of the opening session Evaluation criteria all bidders Price and other qualitative elements 50 all bidders Price and other qualitative elements 50 Unsuccessful bidders individually notified of tender results No No Unsuccessful bidders can obtain feedback on reasons for not winning Yes No If no, debriefing organized for unsuccessful bidders N/A No Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 68 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 122 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. India Indonesia Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes Yes Forms of performance guarantee Certificate of deposit 54 Performance bond, Insurance guarantee 58 Timeframe for purchasing entity to return performance guarantee No No Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform Yes No Legal timeframe for the purchasing entity to process payment No timeframe No timeframe Time to process payment starts from supplier's submission of invoice N/A N/A Time for supplier to actually receive payment (calendar days) Between 31 and 90 59 Between 0 and 30 33 Interests and/or penalties payable in case of payment delays* Yes N/A Interests and/or penalties automatically paid without a supplier's request No N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other No pre-award Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No No pre-award Process to complain same for actual and prospective bidders Yes No pre-award Complaining party has to prove damage in order to file a complaint No No pre-award Cost to file a complaint before the first-tier review body (USD)* 4 No pre-award Notification to the procuring entity if complaint filed before a court or an Yes No pre-award independent review body If yes, timeframe (calendar days) No data No pre-award Filing of complaint leads to suspension Upon request No pre-award If the procurement process is suspended, bidders are notified Yes No pre-award Complaint reviewed by same people whose action is challenged (at procuring N/A No pre-award entity) Mandatory training programs on complaints resolution for agents reviewing No No pre-award complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: No pre-award documents Time for first-tier review body to render a decision (calendar days) 365 No pre-award Legal time limit for first-tier review body to render decision No No pre-award Remedies legally granted by the first-tier review body: Overturn No pre-award First-tier review body decisions are published: Online No pre-award Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes No pre-award decisions Time limit to appeal (calendar days) 90 No pre-award Cost to appeal the decision before the second-tier review body (USD)* 4 No pre-award Filing of complaint leads to suspension Upon request No pre-award Time for the second-tier review body to render a decision (calendar days) 1095 No pre-award Legal time limit for second-tier review body to render decision No No pre-award Remedies legally granted by the second-tier review body: Overturn No pre-award Second-tier review body decisions are published: Online No pre-award Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints No Yes Standstill time period (calendar days) N/A 7 Standstill period mandated in the legal framework N/A Yes Standstill period set out in the notice of intention to award N/A No 123 Iran, Islamic Rep. Iraq Middle East and GNI per Capita (in USD) Middle East and GNI per Capita (in USD) North Africa $6,063 North Africa $6,410 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws, Calls for tender, Tender documents Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 60 Yes 59 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes No Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes No Accessibility of tender documents for free No No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes No Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 78 Bid security 60 Amount of bid security instrument Maximum percentage Maximum percentage Forms of bid security Cash deposit, Bank guarantee Bank guarantee Choice for bidders on form of bid security instruments Yes Yes Timeframe for return of bid security instrument Yes No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Never Other: Experienced staff or another entity If never, entities allowed to attend the opening session Bidders or their representatives having expertise If always/sometimes, minutes of the opening session Evaluation criteria N/A Price and other qualitative elements 57 N/A Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 73 68 Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 124 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Iran, Islamic Rep. Iraq Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes No Certified check, Certificate of deposit, Forms of performance guarantee Performance bond 62 Performance bond, Letter of credit 38 Timeframe for purchasing entity to return performance guarantee No No Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment No timeframe No timeframe Time to process payment starts from supplier's submission of invoice N/A N/A Time for supplier to actually receive payment (calendar days) Between 31 and 90 37 More than 181 22 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other No pre-award Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint Yes No pre-award Process to complain same for actual and prospective bidders N/A No pre-award Complaining party has to prove damage in order to file a complaint No No pre-award Cost to file a complaint before the first-tier review body (USD)* No cost No pre-award Notification to the procuring entity if complaint filed before a court or an N/A No pre-award independent review body If yes, timeframe (calendar days) N/A No pre-award Filing of complaint leads to suspension No No pre-award If the procurement process is suspended, bidders are notified N/A No pre-award Complaint reviewed by same people whose action is challenged (at procuring No No pre-award entity) Mandatory training programs on complaints resolution for agents reviewing No No pre-award complaints Procuring entity required to provide first-tier review body with: N/A No pre-award Time for first-tier review body to render a decision (calendar days) 21 No pre-award Legal time limit for first-tier review body to render decision Yes No pre-award Remedies legally granted by the first-tier review body: overturn No pre-award First-tier review body decisions are published: No No pre-award Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes No pre-award decisions Time limit to appeal (calendar days) 10 No pre-award Cost to appeal the decision before the second-tier review body (USD)* No cost No pre-award Filing of complaint leads to suspension Upon request No pre-award Time for the second-tier review body to render a decision (calendar days) 21 No pre-award Legal time limit for second-tier review body to render decision Yes No pre-award Remedies legally granted by the second-tier review body: Overturn No pre-award Second-tier review body decisions are published: No No pre-award Post-award complaints Process to complain same than for pre-award complaints Yes No Standstill period after contract award to allow filing of complaints No Yes Standstill time period (calendar days) N/A 7 Standstill period mandated in the legal framework N/A Yes Standstill period set out in the notice of intention to award N/A No 125 Ireland Israel GNI per Capita (in USD) GNI per Capita (in USD) OECD high income OECD high income $44,660 $34,990 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs Yes, Not publicly advertised Yes, Publicly advertised assessment Internal market analysis guidelines during market research phase No Yes Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Laws, Calls for tender, Tender documents, Materials publicly accessible online Tender documents, Award notice Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any N/A 73 Yes 83 Form(s) of bid security, if any N/A Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No No Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission No No Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer No bid security requirement 43 Bid security 40 Amount of bid security instrument N/A Maximum percentage Forms of bid security N/A Bank guarantee, Insurance guarantee Choice for bidders on form of bid security instruments N/A No Timeframe for return of bid security instrument N/A No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Sometimes Never If never, entities allowed to attend the opening session N/A Representatives of Tender Committee If always/sometimes, minutes of the opening session Requested by the bidder N/A Evaluation criteria Price and other qualitative elements 64 Price and other qualitative elements 43 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes No Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 60 59 Inform the other bidders of the post-award contract variations No No Publish post-award variations Yes No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works No No Neither legal framework nor procurement Specific procedures for the termination of the contract established in: Procurement contract contract 126 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Ireland Israel Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit No Yes Amount of performance guarantee is percentage of the contract value: N/A No Choice for suppliers on form of the performance guarantee N/A No Forms of performance guarantee N/A 0 Performance bond, Insurance guarantee 48 Timeframe for purchasing entity to return performance guarantee N/A No Circumstances where purchasing entity can collect performance guarantee N/A Yes Separate entity to oversee decision to withhold the performance guarantee N/A Yes Payment of suppliers score Supplier can request a payment online through an online platform Yes Yes Legal timeframe for the purchasing entity to process payment 30 No timeframe Time to process payment starts from supplier's submission of invoice Yes N/A Time for supplier to actually receive payment (calendar days) Between 31 and 90 85 Between 31 and 90 59 Interests and/or penalties payable in case of payment delays* Yes Yes Interests and/or penalties automatically paid without a supplier's request No No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Procuring entity and court Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint No No Cost to file a complaint before the first-tier review body (USD)* 430 No cost Notification to the procuring entity if complaint filed before a court or an Yes N/A independent review body If yes, timeframe (calendar days) No data N/A Filing of complaint leads to suspension Upon request No If the procurement process is suspended, bidders are notified No N/A Complaint reviewed by same people whose action is challenged (at procuring N/A Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) 450 7 Legal time limit for first-tier review body to render decision No No Remedies legally granted by the first-tier review body: Modification; damages; compensation; fees; overturn - First-tier review body decisions are published: Online Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 28 45 Cost to appeal the decision before the second-tier review body (USD)* 325 525 Filing of complaint leads to suspension Upon request Upon request Time for the second-tier review body to render a decision (calendar days) 365 26 Legal time limit for second-tier review body to render decision No No Modification; damages; fees; compensation and Remedies legally granted by the second-tier review body: - overturn Second-tier review body decisions are published: Online Online and on the official gazette Post-award complaints Process to complain same than for pre-award complaints Yes Yes Standstill period after contract award to allow filing of complaints No No Standstill time period (calendar days) N/A N/A Standstill period mandated in the legal framework N/A N/A Standstill period set out in the notice of intention to award N/A N/A 127 Italy Jamaica GNI per Capita (in USD) LATIN AMERICA GNI per Capita (in USD) OECD high income $34,280 AND CARIBBEAN $5,042 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws, Calls for tender, Tender documents Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 70 Yes 56 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers No Yes Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security Bid security, Bid declaration Amount of bid security instrument Maximum percentage 82 Maximum percentage 96 Cash deposit, Bank guarantee, Insurance Forms of bid security Bank guarantee, Insurance guarantee guarantee Choice for bidders on form of bid security instruments Yes Yes Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Sometimes Sometimes If never, entities allowed to attend the opening session N/A N/A If always/sometimes, minutes of the opening session Requested by the bidder Requested by the bidder Evaluation criteria Price and other qualitative elements 64 Price and other qualitative elements 64 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online Yes No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 82 77 Inform the other bidders of the post-award contract variations No No Publish post-award variations Yes Yes Purchasing entity can unilaterally modify contract during implementation phase Yes No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Specific procedures for the termination of the contract established in: Procurement contract contract 128 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Italy Jamaica Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes Yes Certified check, Insurance guarantee, Forms of performance guarantee Performance bond, Insurance guarantee 78 Letter of credit 62 Timeframe for purchasing entity to return performance guarantee Yes No Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform Yes No Legal timeframe for the purchasing entity to process payment 30 No timeframe Time to process payment starts from supplier's submission of invoice Yes N/A Time for supplier to actually receive payment (calendar days) Between 0 and 30 100 Between 91 and 180 7 Interests and/or penalties payable in case of payment delays* N/A No Interests and/or penalties automatically paid without a supplier's request N/A N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Other Other Choice of the authority before which filing a complaint Yes No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes Yes Complaining party has to prove damage in order to file a complaint Yes No Cost to file a complaint before the first-tier review body (USD)* 7,817; plus cost of notification* No cost Notification to the procuring entity if complaint filed before a court or an Yes N/A independent review body If yes, timeframe (calendar days) 30 N/A Filing of complaint leads to suspension Upon request No If the procurement process is suspended, bidders are notified Yes N/A Complaint reviewed by same people whose action is challenged (at procuring N/A Yes entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) 135 18 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Damages; compensation; fees; overturn Modification First-tier review body decisions are published: Online No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 30 14 Cost to appeal the decision before the second-tier review body (USD)* 11,727; plus cost of notification* No cost Filing of complaint leads to suspension Upon request No Time for the second-tier review body to render a decision (calendar days) 105 18 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Damages; compensation; fees Modification Second-tier review body decisions are published: Online No Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes No Standstill time period (calendar days) 35 N/A Standstill period mandated in the legal framework Yes N/A Standstill period set out in the notice of intention to award Yes N/A 129 Japan Jordan GNI per Capita (in USD) Middle East and GNI per Capita (in USD) OECD high income $42,000 North Africa $5,160 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws, Calls for tender, Award notice Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes No Amount of bid security, if any Yes 70 Yes 49 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes No Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes Yes Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes No Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes No Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Bid security 67 Bid security 35 Amount of bid security instrument Other Maximum percentage Forms of bid security Cash deposit, Bank guarantee Bank guarantee Choice for bidders on form of bid security instruments Yes No Timeframe for return of bid security instrument No No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Sometimes Never If never, entities allowed to attend the opening session N/A Bid opening session is public Published online/Sent electronically to If always/sometimes, minutes of the opening session N/A Evaluation criteria all bidders Price only 50 Price and other qualitative elements 43 Unsuccessful bidders individually notified of tender results Yes No Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online Yes No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes 68 No 50 Purchasing entity has the obligation to: Inform the other bidders of the post-award contract variations No No Publish post-award variations No No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works No No Specific procedures for the termination of the contract established in: Procurement contract Procurement contract 130 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Japan Jordan Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes No Forms of performance guarantee Certified check, Performance bond 58 Certified check 14 Timeframe for purchasing entity to return performance guarantee No No Circumstances where purchasing entity can collect performance guarantee Yes No Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform Yes No Legal timeframe for the purchasing entity to process payment No timeframe No timeframe Time to process payment starts from supplier's submission of invoice N/A N/A Time for supplier to actually receive payment (calendar days) Between 0 and 30 67 Between 31 and 90 15 Interests and/or penalties payable in case of payment delays* N/A No Interests and/or penalties automatically paid without a supplier's request N/A N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism No second-tier for pre-award No pre-award Choice of the authority before which filing a complaint Yes No First-tier review During pre-award stage, only actual bidders have standing to complaint No No pre-award Process to complain same for actual and prospective bidders Yes No pre-award Complaining party has to prove damage in order to file a complaint No No pre-award Cost to file a complaint before the first-tier review body (USD)* No cost No pre-award Notification to the procuring entity if complaint filed before a court or an No No pre-award independent review body If yes, timeframe (calendar days) N/A No pre-award Filing of complaint leads to suspension Upon request No pre-award If the procurement process is suspended, bidders are notified No No pre-award Complaint reviewed by same people whose action is challenged (at procuring N/A No pre-award entity) Mandatory training programs on complaints resolution for agents reviewing No No pre-award complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: No pre-award documents Time for first-tier review body to render a decision (calendar days) 90 No pre-award Legal time limit for first-tier review body to render decision Yes No pre-award Remedies legally granted by the first-tier review body: - No pre-award First-tier review body decisions are published: Online No pre-award Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s No second-tier No pre-award decisions Time limit to appeal (calendar days) No second-tier No pre-award Cost to appeal the decision before the second-tier review body (USD)* No second-tier No pre-award Filing of complaint leads to suspension No second-tier No pre-award Time for the second-tier review body to render a decision (calendar days) No second-tier No pre-award Legal time limit for second-tier review body to render decision No second-tier No pre-award Remedies legally granted by the second-tier review body: No second-tier No pre-award Second-tier review body decisions are published: No second-tier No pre-award Post-award complaints Process to complain same than for pre-award complaints No No Standstill period after contract award to allow filing of complaints No No Standstill time period (calendar days) N/A N/A Standstill period mandated in the legal framework N/A N/A Standstill period set out in the notice of intention to award N/A N/A 131 Kazakhstan Kenya Europe and GNI per Capita (in USD) GNI per Capita (in USD) Sub-Saharan Africa Central Asia $11,670 $1,280 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement Yes Yes Procurement plans, Laws, Calls for tender, Laws, Calls for tender, Tender documents, Materials publicly accessible online Tender documents, Award notice Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any Yes 70 Yes 57 Form(s) of bid security, if any Yes Yes Criteria against which bids will be evaluated Yes Yes Method used to assess bids Yes Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract Yes No Accessibility of tender documents for free Yes No Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions Yes Yes Answers provided by procuring entity made available to all interested bidders Yes Yes Bid submission score Bidders required to register on a government registry of suppliers Yes No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission Yes Yes Methods for bid submission Electronic procurement platform No electronic means available Form of bid instrument to guarantee bidder's offer Bid security Bid security Amount of bid security instrument Maximum percentage 90 Maximum percentage 69 Cash deposit, Bank guarantee, Insurance Forms of bid security Cash deposit, Bank guarantee guarantee Choice for bidders on form of bid security instruments Yes No Timeframe for return of bid security instrument Yes Yes Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission Yes Yes deadline) Electronic opening of bids Always Never If never, entities allowed to attend the opening session N/A Bidders or their representatives Published online/Sent electronically to If always/sometimes, minutes of the opening session N/A Evaluation criteria all bidders Price and other qualitative elements 86 Price and other qualitative elements 71 Unsuccessful bidders individually notified of tender results Yes Yes Unsuccessful bidders can obtain feedback on reasons for not winning Yes Yes If no, debriefing organized for unsuccessful bidders N/A N/A Model contracts with standard clauses used when awarding a contract Yes Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online Yes No platform Once the procurement contract is awarded and before it is signed: Price renegotiated No No Timeframe for delivery renegotiated No No Financial aspects renegotiated No No Specific procedures to follow for contract variations (once contract is signed) Yes Yes Purchasing entity has the obligation to: 91 73 Inform the other bidders of the post-award contract variations No No Publish post-award variations Yes No Purchasing entity can unilaterally modify contract during implementation phase No No Specific procedures for the acceptance of the completion of works Yes Yes Legal framework and procurement Legal framework and procurement Specific procedures for the termination of the contract established in: contract contract 132 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Kazakhstan Kenya Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: Yes Yes Choice for suppliers on form of the performance guarantee Yes No Forms of performance guarantee -- 90 Performance bond, Letter of credit 58 Timeframe for purchasing entity to return performance guarantee Yes Yes Circumstances where purchasing entity can collect performance guarantee Yes Yes Separate entity to oversee decision to withhold the performance guarantee Yes No Payment of suppliers score Supplier can request a payment online through an online platform No No Legal timeframe for the purchasing entity to process payment 30 No timeframe Time to process payment starts from supplier's submission of invoice No N/A Time for supplier to actually receive payment (calendar days) Between 0 and 30 50 Between 31 and 90 37 Interests and/or penalties payable in case of payment delays* N/A Yes Interests and/or penalties automatically paid without a supplier's request N/A No Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Independent review body and court Independent review body and court Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No Yes Process to complain same for actual and prospective bidders Yes N/A Complaining party has to prove damage in order to file a complaint No Yes Cost to file a complaint before the first-tier review body (USD)* No cost >10% cost of contract* Notification to the procuring entity if complaint filed before a court or an No Yes independent review body If yes, timeframe (calendar days) N/A Simultaneously Filing of complaint leads to suspension Yes Yes If the procurement process is suspended, bidders are notified Yes No Complaint reviewed by same people whose action is challenged (at procuring N/A N/A entity) Mandatory training programs on complaints resolution for agents reviewing No No complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: No documents Time for first-tier review body to render a decision (calendar days) 14 21 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: Overturn Modification; compensation; fees; overturn First-tier review body decisions are published: Online Online Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) 90 14 Cost to appeal the decision before the second-tier review body (USD)* 6 65 Filing of complaint leads to suspension Upon request Yes Time for the second-tier review body to render a decision (calendar days) 28 120 Legal time limit for second-tier review body to render decision Yes Yes Remedies legally granted by the second-tier review body: Damages; fees; overturn Damages; compensation; overturn Second-tier review body decisions are published: Online Online Post-award complaints Process to complain same than for pre-award complaints No Yes Standstill period after contract award to allow filing of complaints Yes Yes Standstill time period (calendar days) 7 14 Standstill period mandated in the legal framework Yes Yes Standstill period set out in the notice of intention to award No Yes 133 Kiribati Korea, Rep. GNI per Capita (in USD) GNI per Capita (in USD) East Asia and Pacific OECD high income $2,280 $27,090 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs No No assessment Internal market analysis guidelines during market research phase No No Open tendering as the default method of procurement Yes Yes Procurement portal(s) dedicated to public procurement No Yes Procurement plans, Laws, Calls for tender, Materials publicly accessible online Laws Tender documents, Award notice Elements included in the tender notice and/or tender documents: Technical and financial qualifications that bidders must meet Yes Yes Grounds for exclusion of bidders Yes Yes Amount of bid security, if any No data 31 Yes 60 Form(s) of bid security, if any No data Yes Criteria against which bids will be evaluated No data Yes Method used to assess bids No Yes Main terms and conditions of the contract Yes Yes Payment schedule under the procurement contract No Yes Accessibility of tender documents for free No Yes Possiblity for bidders to ask questions to procuring entity Yes Yes Timeframe for procuring entity to address bidders’ questions No data No Answers provided by procuring entity made available to all interested bidders Yes No Bid submission score Bidders required to register on a government registry of suppliers No No Foreign firms eligible to submit bids Yes Yes Minimum time period for bid submission No Yes Methods for bid submission No electronic means available Electronic procurement platform Form of bid instrument to guarantee bidder's offer Bid security Bid security Amount of bid security instrument At discretion of procuring entity 35 Other 59 Cash deposit, Bank guarantee, Insurance Forms of bid security Bank guarantee guarantee Choice for bidders on form of bid security instruments Yes Yes Timeframe for return of bid security instrument No No Bid opening, evaluation and award score Bid opening session takes place immediately (precise time of bid submission No No deadline) Electronic opening of bids Never Always If never, entities allowed to attend the opening session Bidders or their representatives N/A If always/sometimes, minutes of the opening session N/A No Published online Evaluation criteria Price and other qualitative elements data Price and other qualitative elements 57 Unsuccessful bidders individually notified of tender results No data Yes Unsuccessful bidders can obtain feedback on reasons for not winning No data No If no, debriefing organized for unsuccessful bidders No No Model contracts with standard clauses used when awarding a contract No data Yes Content and management of procurement contract score Winning bidder can sign the procurement contract through an online No data Yes platform Once the procurement contract is awarded and before it is signed: Price renegotiated No data No Timeframe for delivery renegotiated No data No Financial aspects renegotiated No data No Specific procedures to follow for contract variations (once contract is signed) No Yes Purchasing entity has the obligation to: 10 77 Inform the other bidders of the post-award contract variations No No Publish post-award variations No Yes Purchasing entity can unilaterally modify contract during implementation phase No Yes Specific procedures for the acceptance of the completion of works No Yes Neither legal framework nor procurement Specific procedures for the termination of the contract established in: Legal framework contract 134 * N/A= no delays in payment * --= For data containing a (--), please refer to Benchmarking Public Procurement’s website (http://worldbank.org) for further information. Kiribati Korea, Rep. Question Answers Score Answers Score Performance guarantee score Supplier required to provide performance guarantee deposit Yes Yes Amount of performance guarantee is percentage of the contract value: No Yes Choice for suppliers on form of the performance guarantee Yes Yes Certified check, Certificate of deposit, Forms of performance guarantee -- 20 Performance bond, Insurance guarantee 66 Timeframe for purchasing entity to return performance guarantee No No Circumstances where purchasing entity can collect performance guarantee No Yes Separate entity to oversee decision to withhold the performance guarantee No No Payment of suppliers score Supplier can request a payment online through an online platform No data Yes Legal timeframe for the purchasing entity to process payment No timeframe 7 Time to process payment starts from supplier's submission of invoice N/A No Yes Time for supplier to actually receive payment (calendar days) No data data Between 0 and 30 100 Interests and/or penalties payable in case of payment delays* No data N/A Interests and/or penalties automatically paid without a supplier's request No data N/A Complaints Question Answers Answers Structure of the complaints mechanism Legal framework on complaints mechanism Yes Yes Description of complaints mechanism Independent review body and court Procuring entity and court Choice of the authority before which filing a complaint No No First-tier review During pre-award stage, only actual bidders have standing to complaint No No Process to complain same for actual and prospective bidders Yes No data Complaining party has to prove damage in order to file a complaint No Yes Cost to file a complaint before the first-tier review body (USD)* No cost No cost Notification to the procuring entity if complaint filed before a court or an No N/A independent review body If yes, timeframe (calendar days) N/A N/A Filing of complaint leads to suspension Yes Upon request If the procurement process is suspended, bidders are notified No N/A Complaint reviewed by same people whose action is challenged (at procuring N/A Yes entity) Mandatory training programs on complaints resolution for agents reviewing No Yes complaints A response to the complaint and copies of relevant Procuring entity required to provide first-tier review body with: N/A documents Time for first-tier review body to render a decision (calendar days) No data 9 Legal time limit for first-tier review body to render decision Yes Yes Remedies legally granted by the first-tier review body: - Modification First-tier review body decisions are published: Official gazette No Second-tier review Legal framework stipulates conditions to appeal first-tier review body’s Yes Yes decisions Time limit to appeal (calendar days) No data 15 Cost to appeal the decision before the second-tier review body (USD)* No cost No cost Filing of complaint leads to suspension Yes Upon request Time for the second-tier review body to render a decision (calendar days) No data 50 Legal time limit for second-tier review body to render decision No Yes Remedies legally granted by the second-tier review body: - Modification Second-tier review body decisions are published: No Online Post-award complaints Process to complain same than for pre-award complaints Yes Yes Standstill period after contract award to allow filing of complaints No Yes Standstill time period (calendar days) N/A 10 Standstill period mandated in the legal framework N/A No Standstill period set out in the notice of intention to award N/A No 135 Kosovo Kuwait Europe and GNI per Capita (in USD) Middle East and GNI per Capita (in USD) Central Asia $4,000 North Africa $43,103 PLC Question Answers Score Answers Score Needs assessment, call for tender, and bid preparation score Consultation between procuring entity and private sector for needs