Common use of Procurement Procedure Clause in Contracts

Procurement Procedure. The Borrower shall, and shall procure that the PIUs and each Final Beneficiary will (as applicable): purchase equipment, secure services and order works for each Sub-project financed by EIB by acceptable procurement procedures complying, to the Bank's satisfaction, with its policy and standards as described in its Guide to Procurement and as set out in the PPM; permit independent observers to visit its premises during all stages of tendering; grant the right of the Bank in connection with the tendering of each Sub-project, to: (A) review the evaluation reports prior to their approval by the relevant evaluation committees; and (B) prescribe the venue of the tender evaluations and the manner of the receipt and storage of the bids; and (C) access to all procurement and tender documents at all procurement stages and for all types of procurement procedures, ensure that all contracts under a Sub-project to be procured after the date of this Contract which would fall within the scope and threshold fixed by EU Directives on procurement, even if the latter are not as such applicable to the Borrower or any Final Beneficiary, provide for: (i) the requirement that the relevant contractor promptly informs the Bank and the Borrower of a genuine allegation, complaint or information with regard to Prohibited Conducts related to the relevant Sub-project; (ii) the requirement that the relevant contractor keeps books and records of all financial transactions and expenditures in connection with the relevant Sub-project; and (iii) the Bank’s right, in relation to an alleged Prohibited Conduct, to review the books and records of the relevant contractor in relation to the relevant Sub-project and to take copies of documents to the extent permitted by law. The Borrower shall, and shall procure that the Final Beneficiaries will, ensure that review procedures for effective remedies are available to any party having, or having had, an interest in obtaining a particular contract and who has been or might be harmed by an alleged infringement of the Guide to Procurement of the Bank.

Appears in 2 contracts

Sources: Finance Contract, Finance Contract

Procurement Procedure. The Borrower shall, and Borrower: (a) shall procure that the PIUs and each Final Beneficiary will (as applicable): will, purchase equipment, secure services and order works for each the relevant Sub-project financed Project by EIB by open international tender or other acceptable procurement procedures complying, to the Bank's satisfaction, with its policy and standards as described in its Guide to Procurement and as set out defined in the PPM; permit independent observers to visit its premises during all stages of tendering; grant the right of the Bank in connection with the tendering of each SubSide-project, to: (A) review the evaluation reports prior to their approval by the relevant evaluation committeesLetter; and (Bb) prescribe the venue of the tender evaluations will, and the manner of the receipt and storage of the bids; and (C) access to all procurement and tender documents at all procurement stages and for all types of procurement procedureswill procure that each Intermediary shall, ensure that all contracts under a Sub-project Sub- Project to be procured by it after the date of this Contract which would fall within (in accordance with the scope and threshold fixed by EU Directives on procurementprocurement procedures, even if the latter are not as such applicable to the Borrower or any Final Beneficiary, under (a) above) provide for: (i) the requirement that the relevant contractor promptly informs the Bank and the Borrower of a genuine allegation, complaint or information with regard to Prohibited Conducts related to the relevant Sub-projectProject; (ii) the requirement that the relevant contractor keeps books and records of all financial transactions and expenditures in connection with the relevant Sub-projectProject; and (iii) the Bank’s right, in relation to an alleged Prohibited Conduct, to review the books and records of the relevant contractor in relation to the relevant Sub-project Project and to take copies of documents to the extent permitted by law. The Borrower shall. (c) will, and shall will procure that the Final Beneficiaries willeach Intermediary shall, ensure that review procedures for effective remedies are available each Final Beneficiary agrees to any party havingprocure to the extent possible that all contracts under a Sub-Project to be procured by it after the date of this Contract (in accordance with the procurement procedures, under (a) above) provide for: (i) the requirement that the relevant contractor promptly informs the Bank of a genuine allegation, complaint or having hadinformation with regard to Prohibited Conducts related to the Project; (ii) the requirement that the relevant contractor keeps books and records of all financial transactions and expenditures in connection with the Project; and (iii) the Bank’s right, an interest in obtaining a particular contract and who has been or might be harmed by relation to an alleged infringement Prohibited Conduct, to review the books and records of the Guide relevant contractor in relation to Procurement the Project and to take copies of documents to the Bank.extent permitted by law.‌

Appears in 1 contract

Sources: Finance Contract