INTERNATIONAL PROCUREMENT [TENDER] LAW
International procurement [tender] law consists of the rules and regulations governing the sale of goods and the provision of services to projects financed or undertaken by international or regional development organizations such as the World Bank, the inter-Anerican Development Bank [IDB], the European Bank for Reconstruction and Development [EBRD], and other similar regional organizations.
While the rules and regulations of each of these organizations listed above are often similar, there are many differences that make it impossible to state that there is a unified single set of rules generally governing international procurement. Thus it is imperative to properly apply the relevant rules and regulations of each organization to procurements financed or undertaken by such organization.
Furthermore, as these organizations are not usually considered to be subject to the jurisdiction of any domestic court, at least as far as their operations are concerned, a prospective or actual bidder must understand that these organizations are the sole judge of whether a bidder has complied with their rules or whether a violation was committed. For this purpose, each organization has developed internal administrative review mechanisms that must be understood and followed whenever such a procurement is contemplated or undertaken.
However, in many instances, the rules for a particular procurement also follow the national requirements of the country in which the procurement is to be carried out. Thus, national law is often intertwined with the procurement rules of the international organization, adding complexity to procurement issues.
The procurement rules of each organization cover all steps of a procurement from: obtaining bid documents, submitting bids, answering requests for proposals, or furnishing expressions of interest, determining eligibility requirements, the composition of short lists of prospective bidders, submission of sealed bids, opening bids, selection and evaluation procedures, determining winning bid and exceptions to selecting lowest bidder, award of bid, contractual obligations to protest against awards and other similar actions. There are also rules for hiring consultants which govern the procedures and requirements under which consultants and consulting firms are hired directly by the respective entity or for projects which are financed by such entity.
Given the nature of an international procurement practice, we tailor our advise and assistance to the specific and special requirements of a particular client. We can also develop training sessions or seminars for your personnel on the requirements of one or more of these international or regional organizations.
Please contact us for additional information on how we could help you in your international procurement activities.
