In relation to the procurement, award and performance of contracts entered into in connection with the implementation of the Project, the Borrower through MEP shall comply with, and implement, the provisions of the Applicable Procurement Policies and Rules and other provisions stipulated in this Agreement and the Project Documents.
The Borrower through MEP shall take all actions and steps necessary for the effective implementation of the Applicable Procurement Policies and Rules.
On behalf of the Lender, the Co-Financier shall issue the no-objection letters in accordance with the Applicable Procurement Policies and Rules.
The Borrower through MEP shall submit any amendments to the Project procurement plan relating to contracts financed through the Facility for prior no- objection of the Lender.
The bidding documents and/or requests for proposals prepared by the Borrower through MEP for a specific procurement will include references to the Lender in the procurement notices (General Procurement Notice (GPNs), Specific Procurement Notices (SPN), and Requests for Expression of Interest (REOI)) and all other documentation relating to the contracts co-financed by the Borrower.
Due to its specific legal and regulatory obligations, the Lender will not finance its respective part of a contract to a bidder or a consultant who is on any of the EU and French Financial and Commercial Sanctions Lists. The Borrower through MEP will be required by the Co-Financier to modify the standard GPNs, SPNs, REOIs templates to include, in substance, the following:
“Interested bidders or consultants (including sub-contractors or suppliers) are advised that AFD’s decision to finance its respective part of a contract will be conditional on meeting AFD’s legal financing requirements relating to UN, EU and French Financial Sanction Lists and Embargo.”
For information purposes only, the following references or website addresses are provided:
For United Nations, European Union and French Financial Sanction Lists, the following website may be consulted: https://gels-avoirs.dgtresor.gouv.fr/List
For European Union Embargo, the following website may be consulted: https://www.sanctionsmap.eu/#/main
The Borrower through the MEP undertakes to:
i)
provide the Lender with a copy of all evaluation reports (including prequalification report and shortlisting report, as applicable) at the same time they are submitted to the Co-Financier. If the bidder does not meet the Lender’s financing requirements (including eligibility), the Lender will promptly inform the Co-Financier and the Borrower. The Co-Financier and the Lender shall then consult with the Borrower to determine the appropriate course of action;
ii)
in case of contracts subject to international competition, publish the procurement notices on the website http://afd.dgmarket.com in addition to any other means of publication as per the Applicable Procurement Policies and Rules;
iii)
require a duly signed AFD’s Covenant of Integrity as set out in Schedule 8 from any applicant, bidder, proposer, or consultant, which shall be deemed to form part of the contract. In cases of non-competitive procurement processes, the signed AFD’s Covenant of Integrity shall be annexed to the signed contract.