If the Bank determines that the borrower has not complied with the procurement requirements set out in the legal agreement, the Bank may, in addition to exercising the legal remedies set out in the Legal Agreement, take other appropriate actions, including declaring misprocurement (for example, due to the failure to address complaints in accordance with applicable requirements).

Even once the contract is awarded after obtaining a no objection from the Bank, the Bank may still take appropriate actions and exercise legal remedies, regardless of whether the project has closed or not, if it concludes that the no objection or the notice of satisfactory resolution was issued on the basis of incomplete, inaccurate, or misleading information furnished by the borrower or the terms and conditions of the contract had been substantially modified without the Bank's objection.

The Regulations do not speak to this.

Procurement-related complaints should be submitted to the borrower in a timely manner, at the appropriate stage of the procurement process, and when so submitted, the borrower shall address them promptly and fairly. Timeliness, in both the submission of complaints and their resolution, is of critical importance in order to avoid undue delay and disruption in the project of which the procurement is a part.

All complaints shall be recorded by the borrower in the appropriate tracking and monitoring system, as agreed between the Bank and the borrower.

Those complaints arising in connection with contracts for which the Bank's Standard Procurement Documents (SPDs) are required to be used, shall be administered and handled in accordance with Annex III, procurement-related complaints. The contracts where the borrower shall use the Bank's SPDs shall be specified in the project's procurement plan.

Whenever the Bank's SPDs are required to be used, a standstill period shall apply, unless otherwise provided.

Complaints are typically handled by the borrower in accordance with the applicable complaint review rules and procedures as agreed by the Bank.

A complaint that includes allegations of fraud or corruption may require special treatment. The borrower and the Bank shall consult to determine any additional actions that may be necessary.

Complaints challenging the terms of prequalification/initial selection documents: request for proposals documents, and any other borrower document requesting bids, proposals or applications should be submitted to the borrower at least 10 business days before the deadline for applications, bids, or proposals, or within 5 business days after the issuing of any amended terms, whichever is later. The borrower shall acknowledge complaint receipt in 3 business days, and shall review the complaint and respond to the complainant not later than 7 business days from receipt. If as a result of the borrower's review of the complaint, the borrower decides to modify the prequalification/initial selection, request for bids/requests for proposals, or other documents, the borrower shall issue an addendum, and if necessary, extend the application/bid/proposal submission deadline.

Complaints challenging the exclusion from a procurement process prior to contract award should be submitted to the borrower within 10 business days following the borrower's transmission to the interested party of notice of such exclusion. The borrower shall acknowledge in writing the receipt of the complaint within 3 business days, and shall review the complaint and respond to the complainant not later than 7 business days from the date of receipt of complaint. If as a result of the borrower's review of a complaint, the borrower changes the results of the earlier stage/phase of the procurement process the borrower shall promptly transmit a revised notification of evaluation results to all relevant parties advising on the next steps.

Complaints following transmission of the notification of intention to award the contract (or notification of intention to conclude a FA), shall be submitted to the borrower within the standstill period. The borrower shall acknowledge in writing the receipt of the complaint within 3 business days, shall review the complaint and respond to the complainant, not later than 15 business days from the date of receipt of complaint. If, as a result of the borrower's review of a complaint, the borrower changes its contract award recommendation, it shall notify the revised intent to award to all previously notified bidders/proposers/consultants, and shall proceed with the contract award.

Complaints should be submitted by interested parties. An interested party for this purpose means an actual bidder, proposer, or consultant seeking to obtain the contract at issue (including an applicant for prequalification or initial selection, if the complaint challenges the applicant's disqualification). Potential applicants, bidders, proposers, and consultants are also interested parties in relation to complaints challenging the prequalification or initial-selection document, request for bids, request for proposals document, or any other borrower document requesting bids, proposals, or applications.

The content of a complaint is subject to the following requirements. Complaints shall be submitted in writing to the borrower and shall identify the name, contact details, and address of the complainant. In addition, the complaint shall:

1. Generally identify the complainant's interest in the procurement;
2. Identify the specific project, the procurement reference number, the current stage of the procurement process, and any other relevant information;
3. Specify any previous communication between the complainant and the Borrower on the matters addressed in the complaint;
4. Specify the nature of complaint, and the perceived adverse impact on them; and
5. State the alleged inconsistency with or violation of the applicable procurement rules.

A complaint may challenge:

1. The borrower's selection documents, including: prequalification, initial selection, request for bids, requests for proposals documents;
2. The borrower's decision to exclude an applicant, bidder, proposer, or consultant from a procurement process prior to award; and/or
3. The borrower's decision to award the contract following transmission of unsuccessful bidder, proposer, or consultant in the notice of intention to award.

The borrower shall not proceed with the next stage or phase of the procurement process, including the contract award, until it has properly addressed any such complaint.

The Regulations do not address this.

Disputes should be resolved within 20 business days.

For all contracts, whether subject to the Bank's prior review or post review, the borrower shall publish a public notice of award of contract (contract award notice) within 10 business days from the borrower's notification of contract award to the successful bidder, proposer, or consultant.

The contract award notice shall include, at a minimum, the following information as relevant and applicable for each selection method:

1. Name and address of the borrower's project implementing unit undertaking the procurement, and if different, the borrower's contracting agency;
2. Name and reference number of the contract being awarded, and the selection method used;
3. Names of all bidders, proposers, or consultants that submitted bids/proposals, and their bid/proposal prices as read out at bid/proposal opening, and as evaluated;
4. Names of all bidders, proposers, or consultants whose bids/proposals were rejected either as nonresponsive or as not meeting qualification criteria, or were not evaluated, with the reasons therefor; and
5. The name of the successful bidder, proposer, or consultant, the final total contract price, the contract duration and a summary of its scope.

In the case of FAs, the publication requirement applies only to the conclusion of the FA and not to the award of a call-off contract under the FA. The contract award notice shall be published on the borrower's website with free access, or, if not available, in at least one newspaper of national circulation in the Borrower's country, or in the official gazette. In the case of international competitive procurement, the contract award notice shall also be published by the borrower in UNDB online. For contracts subject to the Bank's prior review, the Bank will arrange the publication on its external website upon receipt from the borrower of a conforming copy of the signed contract.

The Regulations do not address this.

The Regulations do not address this.

The Regulations do not address this.