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The charter, the Agreement Establishing the African Development Bank or the Agreement Establishing the African Development Fund, restricts procurement of goods and works (including the related services) under Bank funded operations exclusively to contractors and suppliers from Member Countries of the Bank. However, only conditions that are essential to ensure the firm’s capability to fulfill a contract will be considered as eligibility criteria. Political and other non-economic influences or considerations must not influence procurement in Bank financed projects.
The detailed conditions for eligibility are defined in the Procurement Policies of the Bank. For procurement processes started
- Before 1st November 2008, kindly refer to Rules of Procedure for Procurement of Goods and Works(January 2000 edition) and Rules of Procedure for the Use of Consultants (January 2000 edition),
- After 1st November 2008, kindly refer to Rules and Procedures for Procurement of Goods and Works (May 2008 edition) and Rules and Procedures for the Use of Consultants (May 2008 edition).
Relevant extracts from the Rules and Procedures for Procurement of Goods and Works or Rules and Procedures for the Use of Consultants (May 2008 edition) state the following four conditions for which a firm or an individual may be ineligible (or excluded) from Bank funded procurement. These are:
- Exclusion by the Borrower of commercial relations with the country of origin of the supplier or by an act of compliance with a decision of the United Nations Security Council.
- Conflict of interest resulting from any provisions of the Procurement Rules.
- Dependent agencies of the Borrower or Sub-Borrower, not legally and financially autonomous.
- Firms or individuals under sanctions as per the African Development Bank Group Anti-Corruption and Fraud Policies.