Procurement Reviews and Complaints
Introduction
In accordance with EBRD’s Procurement Policies and Rules (PPR), Clients are responsible for project implementation, including all aspects of the procurement process (from the initial planning phase through to the contract award phase, as well as contract administration and implementation, and the resolution of any claims and disputes).
The rights and obligations of the Client vis-à-vis Participants in a procurement process are governed by the procurement documents issued by the Client. The EBRD reviews the key steps in the procurement process and may advise and assist the Client in this respect.
Given this division of responsibilities, if procurement-related issues or complaints arise, the EBRD expects a participant to first resolve these with the Client. This must be done through clarification requests or during the debriefing process.
In case the Client does not respond to the participant or the raised issues or complaints are not resolved with the Client to the satisfaction of the participant, the participant can submit to the EBRD a Request for Bank Procurement Review or a Procurement Complaint in accordance with requirements set out in the Procurement Reviews and Complaints Directive (Directive).
The choice of the type of request to be submitted to the EBRD depends on the stage of the procurement process (please refer to the table below).
| Stage of procurement process | Type of request to the EBRD | Sections in Directive |
|---|---|---|
| Procurement process is still ongoing and the Proposal containing the financial offer has not yet been opened. | Request for Bank Procurement Review | Paragraph 4 |
| Procurement process is still ongoing, but the Proposal containing the financial offer has already been opened. | Procurement Complaint | Paragraph 5 |
| Participant has received an unsatisfactory response to its Request for Bank Procurement Review, regardless if the procurement process is still ongoing. | Procurement Complaint | Paragraph 5 |
For further details, please refer to the diagram depicting the applicable steps in the Procurement Reviews and Complaints process.
Applicability Directive
The Directive applies to public sector procurement processes governed by the PPR. It does not apply if the procurement process is conducted under national laws or by utilities, using their established procurement procedures in accordance with Section III, Articles 3.58 - 3.62 of the PPR.
In case the procurement process is governed by other procurement rules or regulations (e.g. the exclusions stipulated in Section III, Article 2.6 of the PPR), such other rules or regulation shall govern procurement-related complaints or requests for procurement process review.
How to submit a Request for Bank Procurement Review?
A participant wishing to submit a Request for Bank Procurement Review should review paragraphs 3 and 4 of the Directive for the applicable requirements, including the relevant deadlines. Please note that such request must be submitted by its authorised representative in the procurement process.
A Request for Bank Procurement Review must be submitted to EBRD’s Procurement Policy and Advisory Department (PPAD) via the dedicated email address ebrdprocurementreview@ebrd.com. Such request may be submitted by using the form Request for Bank Procurement Review. Please ensure that the subject line of the email states “Request for Bank Procurement Review” and that in the subject line or in the email body the following information is provided: the project title, the project identification (ID) number and the title of the procurement process.
Before being entitled to submit a Request for Bank Procurement Review, a participant must have first submitted to the Client (i) a request for clarification in accordance with the applicable procurement documents or (ii) a request for debriefing as submitted pursuant to the Debriefing Guidance.
If the participant considers the Client’s response unsatisfactory or the Client neglected to respond, the participant may submit a Request for Bank Procurement Review. Please refer paragraph 4.2 (a) and (b) of the Directive for the applicable deadlines for the submission of such request.
If the Request for Procurement Review meets the applicable requirements, PPAD will review the issues raised.
After completion of its review, PPAD will communicate to the Client its findings and recommendations for action (if any). PPAD will inform the participant that the review has been completed and that either no actions are to be taken or that actions will be taken by the Client, who will further inform the participant, as appropriate.
In case a participant is dissatisfied with the outcome of the Bank review process, regardless if the procurement process is still ongoing, the participant may submit a Procurement Complaint in accordance with paragraphs 5 of the Directive.
How to submit a Procurement Complaint?
A participant wishing to submit a Procurement Complaint should review paragraphs 3 and 5 of the Directive for the applicable requirements, including the relevant deadlines. Please note that such request must be submitted by its authorised representative in the procurement process.
A Procurement Complaint must be submitted to the EBRD via the dedicated email address ProcurementComplaint@ebrd.com. Such request must be submitted by using the EBRD Procurement Complaints Form. Please ensure that the subject line of the email states “Procurement Complaint” and that in the subject line or in the email body the following information is provided: the project title, the project identification (ID) number and the title of the procurement process.
A Procurement Complaint can be submitted after a Bank review process or after a request for a debriefing. In case a participant is entitled to submit a Procurement Complaint and wishes to do so, the participant should submit such complaint within the deadlines set out in paragraph 5 of the Directive.
If the Procurement Complaint meets the applicable requirements, it will be first reviewed by PPAD, who may request further information from the involved parties, such as the participant or the Client.
After completion of its review, PPAD will submit the Procurement Complaint, including PPAD’s assessment of the complaint, and its recommendation to EBRD’s Procurement Complaints Committee (PCC). Within the EBRD, the PCC is responsible for reviewing and determining EBRD’s final position in relation to procurement complaints. The PCC’s term of reference and composition can be found here.
As an integral part of a complaint review, the PCC will assess whether the Client has followed the procurement procedures as agreed with the EBRD for the specific project. If the PCC determines that the procurement process has not been materially carried out by the Client in accordance with the agreed procedures, the Procurement Complaint will be upheld. Please note that a determination to uphold a Procurement Complaint may not necessarily alter the outcome of the procurement process, but may have implications for the availability of Bank financing for the contract in question.
Once the PCC has made its decision, PPAD will inform the Client and the participant of the outcome of the review process. The PCC decision is final and not subject to appeal.
Relevant Rules and Forms
Directive Procurement Reviews and Complaints
format / MBGuidance Procurement Debriefing Process by Clients
format / MBDiagram Procurement Reviews and Complaints Process
format / MBForm for Procurement Complaints
format / MBForm for Requests for Bank Procurement Review
format / MBOther types of complaints
Allegations of Prohibited Practice (fraud, corruption, collusion, coercion, theft, misuse of EBRD resources or assets, obstruction) with respect to the procurement process, award or implementation of any Bank-financed contract are dealt with EBRD’s Office of the Chief Compliance Officer (OCCO) in accordance with the Bank’s Enforcement Policy and Procedures. Anyone, who suspects the occurrence of Prohibited Practices in relation to a Bank-financed contract, can submit a written report (with supporting documentation) to OCCO directly at any time during procurement or the contract implementation process. For more information on the reporting of Prohibited Practices, please refer to the following page.
Environmental, social and disclosure matters in relation to a Bank-financed project are addressed by EBRD’s Independent Project Accountability Mechanism (IPAM). IPAM’s mandate is to independently review project (environmental, social and information disclosure) issues that the requesters believe to have caused (or to be likely to cause) harm. Please visit the Independent Project Accountability Mechanism webpage, which contains information on the Project Accountability Policy and how to submit a request to IPAM.
Complaints about the procurement of goods, works, services or consultancy services that are contracted by the EBRD directly are handled under the Bank’s Corporate Procurement Policy and can be submitted with the Bank’s Procurement Operations & Delivery Department (PODD).