ADB Guidlines for Contractor prequalification
ADB Guidlines for Contractor prequalification
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Notes:
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Abbreviationsviii
Executive Summary ix
I. Introduction 1
TABLES
1. Advantages of Prequalification 3
FIGURES
BOXES
In April 2017, the Asian Development Bank (ADB) approved its new procurement
framework, the ADB Procurement Policy: Goods, Works, Nonconsulting and
Consulting Services (2017, as amended from time to time); and the Procurement
Regulations for ADB Borrowers: Goods, Works, Nonconsulting and Consulting
Services (2017, as amended from time to time). These replace the former Guidelines
on the Use of Consultants (2013, as amended from time to time) and Procurement
Guidelines (2015, as amended from time to time). The procurement policy and the
procurement regulations address the procurement activities of project executing
agencies and implementing agencies on projects financed in whole or in part by a
loan or grant from ADB, or by ADB-administered funds. ADB designed the 2017
procurement policy to deliver significant benefits and flexibility throughout the
project procurement cycle, as well as to improve project delivery through a renewed
focus on the concepts of quality, value for money (VFM), and fitness for purpose.
Tra n s p a re n c y
Value for Money
The effective, efficient, and economic use of resources,
which requires an evaluation of relevant costs and benefits along
with an assessment of risks, nonprice attributes, and/or total cost
of ownership as appropriate
Fairness
Time
Time is an important element of VFM. When a project is delivered promptly or when a
process is completed rapidly, greater value is created for all stakeholders. For example, a
road project completed early provides economic benefit, security, or other value to the
community it serves. It increases the return on investment to the executing agency and
accelerates the project and payment cycle to the successful bidder. Likewise, a project
delivered late loses significant value.
Objective
This guidance note is intended to assist readers by elaborating on and explaining
ADB’s 2017 procurement policy and procurement regulations for borrowers
(including grant recipients).
This note identifies additional information for the reader to consider when applying ADB’s
procurement policy and procurement regulations to their circumstances.
Living Document
This guidance note is intended to be a living document and will be revised as required.
Be sure to check the ADB Business Center website for the latest version and updates,
https://www.adb.org/business/main.
The Reader
In many circumstances, readers are expected to use this guidance note in a manner unique
to their needs. For consistency throughout the suite of guidance notes, the following
assumption is made about the reader:
The reader is a professional involved in activities financed in whole or in part by an ADB loan
or grant, or by ADB-administered funds.
FAQs
Frequently asked questions, clarifications, examples, additional information, links to training,
and other useful resources will be made available on the ADB website.
Be sure to check the ADB Business Center website for more information,
https://www.adb.org/business/main.
In the event of any discrepancy between this guidance note and the procurement
regulations, the latter will prevail. The financing agreement governs the legal relationships
between the borrower and ADB. The rights and obligations between the borrower and the
provider of goods, works, or services are governed by the specific procurement document
issued by the borrower and by the contract signed between the borrower and the provider,
and not by this guidance note.
viii
Abbreviations
Executive Summary
• the ability to limit the number of qualified applicants that are invited to bid
and
• criteria for historical contract nonperformance.
Ensure Quality
• The ability to limit the number of qualified applicants invited to bid (new
in this guidance note) leads to higher quality outcomes by reducing the
number of bidders to a manageable number of the most qualified applicants.
Box 1
Circumstances Where Prequalification May Be Appropriate
• Large or complex works
• Custom-designed equipment
• Complex industrial plant
• Complex information and technology systems
• High-level technology
• Turnkey, design-and-build contracts
• Any contract where the high cost of preparing detailed bids may discourage participation
• Where the number of bidders likely to be qualified is high
• Where a “standing list” of prequalified bidders is to be established for groups of contracts
to be awarded over time
Source: Asian Development Bank.
1.7 Figure 1 illustrates where the prequalification process occurs in the ADB
procurement cycle.1
Country Partnership
Strategy
Country and Sector/Agency
Procurement Risk Assessment
Procurement Planning
Efficiency
M alu e s
V
ne
s
o n fo r
ey Fa i r
Contract Award Bidding
Bidding Documents
1
Prequalification may take place as early as the project conceptualization and processing stage.
II. Advantages and Disadvantages
of Prequalification
A. Advantages
2.1 Prequalification provides advantages to prospective bidders, as well as to
borrowers, some of which are listed in Table 1.
B. Disadvantages
2.1 Potential disadvantages of prequalification include that
(i) Where the strategic procurement planning suggests that the executing
agency has capacity to administer the process effectively (refer to the
Guidance Note on Strategic Procurement Planning).
(ii) Where the relevant expertise cannot be identified from the standard
prequalification criteria, e.g., in projects that are highly specialized or
involve high-level technology (refer to the Guidance Note on High-
Level Technology).
(iii) Where the means of delivering the project outcomes require
innovation, or the project outcomes can be delivered in different ways.
(iv) Where the market assessment suggests there may be a large number
of applicants that are likely to be prequalified.
3.7 The ranking methodology involves selecting the top scoring applicants
to be invited to bid. The number of applicants to be invited to bid is required to be
stated in the prequalification document.
3.8 To ensure that applicants invited to bid are of a suitable quality, the
borrower may wish to combine the ranking and the minimum cut-off score
methodologies, stating in the prequalification document that a fixed number
(or range) of prequalified applicants will be invited to bid subject to meeting a
specified minimum cut-off score.
2
Note that, in this example, a minimum cut-off score of 80% was used.
Considerations When Using Prequalification 7
3.13 In this example, a minimum cut-off score of 80% was set and
documented in the prequalification document. Applicants A, F, and G meet the
minimum score and so are selected to be invited to bid. Applicants B and E did not
meet the minimum score of 80% and so were not selected to be invited to bid.
3.14 Note that similar criteria can be used as pass/fail criteria and scored
prequalification criteria, if suitable. In the above example, one of the standard pass/
fail criteria in Step 1 is Experience, expressed as a minimum number of contracts
of a similar size and nature. The pass level may be three contracts of a similar size
and nature in the past 5 years. A similar Experience criterion is used in Step 2 as a
scored criterion, namely, “Number of successfully completed contracts of similar
size and nature in past 5 years in excess of the minimum requirement.” Utilizing
Considerations When Using Prequalification 9
3.15 Using this method, an applicant that has performed a total of five
contracts, passes the Experience criterion in Step 1 having met the minimum
requirement of three contracts, and is given an evaluation score of 1 in Step 2
because it has performed two contracts in excess of the minimum requirement
of three.
3.16 Scored evaluation criteria that may be used to limit bidders may include
3.17 The use of scored prequalification criteria carries with it the risk that
subjectivity may be introduced into the prequalification process. In the above
example, the scored criterion “risk management processes and systems” is difficult
to evaluate with complete objectivity. A way of reducing subjectivity is to use
quantifiable criteria (e.g., the number of contracts of similar size and nature).
Even so, there may be some subjectivity in the interpretation of applicant responses
in determining scores and, therefore, sound professional judgment will be required
during the evaluation.
10 Prequalification
(i) the methodology to be used will be to limit bidders (i.e., minimum cut-
off score method or ranking method);
(ii) where the minimum score methodology is to be used—the minimum
cut-off score;
(iii) where the ranking methodology is to be used—the number of
applicants to be invited to bid;
(iv) the criteria to be used for evaluation; and
(v) the method for applying the criteria, including relative weighting.
3.20 In the case of the ranking methodology, the number of selected bidders
will depend on the project but should balance the efficiencies gained from limiting
the number of bids to be evaluated against the potential benefits of having a
greater number of responses (i.e., improving the probability of receiving suitable
bids, increasing competition).
Box 2
Limiting Prequalified Applicants Invited to Bid
• Limiting the number of successfully prequalified applicants that are invited to bid is
allowed under the 2017 procurement regulations.
• It should be used sparingly—only when the standard prequalification criteria are
not sufficient to identify suitable applicants or to reduce the number of prequalified
applicants to a manageable level.
• Scored prequalification criteria should be used to limit the number of qualified bidders.
• Two methodologies can be employed to limit bidders: minimum cut-off score method
and ranking method.
• Where limiting the number of prequalified applicants invited to bid is to be conducted,
the prequalification documents should specify
›› the criteria used to evaluate applicants,
›› the relative weighting of the criteria,
›› the methodology to be employed (minimum cut-off or ranking),
›› the minimum cut-off score (where the minimum score method is used), and
›› the number of bidders to be invited to bid (where ranking is used).
• The number of bidders to be selected should balance efficiency and competition.
Source: Asian Development Bank.
Considerations When Using Prequalification 11
3.25 In this example, the package for which the prequalification process is
conducted consists of Lot 1, Road section A, comprising 60 km of road construction
with estimated value of $30 million, and Lot 2, Road section B, comprising 80 km of
road construction with estimated value of $40 million.
3.26 Applicants A, B, and C have applied for both Lot 1 and Lot 2. Applicant D
has indicated interest in Lot 1 only and Applicant E has indicated interest in Lot 2
only.
3.27 Applicants A and C pass the experience criteria for Lot 1 and Lot 2,
meaning that they have constructed roads of value equivalent to (or equivalent to
some specified percentage of) Lot 2, Road section B. Since they have passed the
experience criterion for Lot 2, they also pass the experience criterion for the smaller
Lot 1.
3.28 Applicant B met the experience requirement for Lot 1, but did not qualify
for the higher value Lot 2. Applicant D applied for Lot 1 but failed to show evidence
of past experience sufficient to perform Lot 1. Applicant E applied for Lot 2 only and
has provided evidence of past experience sufficient for it to pass the experience
criterion for Lot 2.
3.29 Applicants should not be disqualified if they have not provided unique
contract experience for each lot (for example, three contracts for Lot 1 and three
different contracts for Lot 2). In the preceding example, if Applicant A submitted
three contracts for $40 million each in support of its application for Lot 2, it is
deemed to have also qualified for Lot 1, even though it did not submit three other
contracts of $30 million supporting its application for Lot 1.
C. Treatment of Subcontractors
3.30 The prequalification of subcontractors should generally be avoided
at the prequalification stage, because it may lock applicants into subcontract
arrangements without the ability to change at the time of bidding. Instead,
subcontractors’ capabilities should be assessed during the bid. However,
if the nature of the project and key activities are such that prequalification of
subcontractors is warranted, qualification requirements should explicitly be
included in section 3 of the prequalification document. In addition, changing
subcontractors at bid submission should only be allowed in exceptional cases,
provided such requirements are clearly included in the prequalification documents
and with prior approval of the borrower or ADB.
3.31 Depending on the circumstances, the employer may not accept changes
in subcontracting arrangements at bidding stage if, because of reassessment,
the applicant is no longer compliant to the evaluation and qualification criteria
requirements or it may have implications on competition.
Considerations When Using Prequalification 13
3
“Affiliates” is a broad term and would include, in addition to parent and subsidiary companies,
“sister” companies of an applicant—that is, companies that are owned directly or indirectly by
the applicant’s parent company.
IV. Prequalification Process
4.2 The main steps in the prequalification process are summarized in the
following subsections.
4.7 Unless ADB otherwise agrees, the borrower should prepare the PQD
using the published version of the SPQD on the ADB website and without editing
Section 1—Instructions to Applicants. Information in sections 2–6 should be
provided and/or updated according to specific contract requirements.
End
(ii) be chosen so that only applicants qualified to carry out the work are
prequalified and permitted to bid;
(iii) be tailored consistent with information on supply market
characteristics obtained from the market assessment (e.g., a
less mature supply market may lead to a lower level of minimum
experience being specified); and
(iv) be established so that they neither inhibit competition nor limit the
number of eligible applicants to be prequalified, as follows:
(a) overly “strict” or excessive criteria (i.e., those going beyond what
is strictly necessary for the needs of the contract) may seriously
hamper competition, and may lead to complaints; and
(b) overly “lenient” criteria may result in an excess of unsuitably
qualified applicants and may deter better qualified applicants
from bidding and allow low priced bids from underqualified
bidders.
4.9 The PQD must be clear about the information required of applicants for
each criterion.
4.10 The SPQD of ADB for large and complex civil works and technically
complex plant includes standard prequalification evaluation criteria. Such criteria
must be adapted to the project or contract in question but, typically will include the
criteria shown in Figure 5.
Eligibility
Evaluation
Criteria
a
Depending on specific project requirements, other requirements like technical capacity may be
included either in experience or key activities.
Source: Asian Development Bank.
Prequalification Process 17
1. Eligibility
4.12 The SPQD specifies the criteria used to determine whether applicants are
eligible to participate in projects. An applicant will not be eligible under a project
that ADB finances, administers, or supports while under temporary suspension or
debarment by ADB, pursuant to the ADB Anticorruption Policy (1998, as amended
to date)4 and the ADB Integrity Principles and Guidelines (2015, as amended from
time to time),5 whether such debarment was directly imposed by ADB, or enforced
by ADB pursuant to the Agreement for Mutual Enforcement of Debarment
Decisions (2006).6 An applicant that has a conflict of interest, or is suspended
or debarred will be rejected. An application for prequalification from an ineligible
applicant must be rejected.7
4.13 State-owned enterprises are eligible to participate provided they meet the
requirements included in the prequalification documents. For further details, refer
to Guidance Note on State-Owned Enterprises.
4
ADB. 2010. Anticorruption and Integrity. Manila. https://www.adb.org/sites/default/files/
institutional-document/31317/anticorruption-integrity-policy-strategy.pdf.
5
ADB. 2015. Integrity Principles and Guidelines (2015). Manila. https://www.adb.org/sites/default/
files/institutional-document/32131/integrity-principles-guidelines.pdf.
6
Available at: https://www.adb.org/sites/default/files/institutional-document/32774/files/cross-
debarment-agreement.pdf.
7
The Sanctions List is available at https://lnadbg4.adb.org/oga0009p.nsf/alldocs/AANA-
AAFBDE?OpenDocument.
18 Prequalification
(i) address each of the criteria set out in the prequalification document
and
(ii) explain reasons for any disqualification of applicants failing to meet
the criteria. For further information, refer to ADB’s Guide on Bid
Evaluation (2018).
4.21 The report should be submitted to ADB where prior review is being
applied. ADB may then ask the borrower to justify the evaluation and provide
further information or clarification.
4.24 Where applicants have been disqualified, specific reasons should be given
for the rejection of their application.
4.25 The borrower should publish the list of prequalified applicants, and invite
prequalified applicants to bid as soon as possible. ADB does not recommend
long gaps between the completion of prequalification and the start of the bidding
process. It also encourages the bidding documents to be made available to the
prequalified prospective applicant as soon as prequalification is completed,
generally within 6 months upon receipt of a no-objection notice from ADB.
A period longer than 6 months may require a fresh prequalification process or other
suitable options, with prior agreement with ADB.
4.26 The borrower should make clear to qualified applicants that verification of
the information provided during prequalification may occur at the time of bidding,
and that if the information is unable to be verified satisfactorily, the applicant’s bid
may be rejected at the discretion of the borrower.
V. Resources for Further Review
ADB’s vision is an Asia and Pacific region free of poverty. Its mission is to help its
developing member countries reduce poverty and improve the quality of life of their
people. Despite the region’s many successes, it remains home to a large share of the
world’s poor. ADB is committed to reducing poverty through inclusive economic
growth, environmentally sustainable growth, and regional integration.
Based in Manila, ADB is owned by 67 members, including 48 from the region. Its main
instruments for helping its developing member countries are policy dialogue, loans,
equity investments, guarantees, grants, and technical assistance.