The New AMS 15.01 for the Selection and Use of Consultants

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The New AMS 15.01 for the
Selection and Use of Consultants
by IFC
1
Policy Harmonization
• The new operational consulting policy
harmonizes the policies for the selection
and use of operational consultants by all
members of the World Bank Group.
• The policy takes effect with the
implementation of the new eConsultant2
system
2
Policy Objective
• The objective of the policy is to promote
fairness, transparency, and competition while
achieving efficiency and economy in the
selection and use of consultants by the Bank
Group
• The new policy streamlines and speeds up the
selection process and will result in the best
consultants being selected
3
What the Policy Covers
• Selection of STC’s for operational work
• Selection of consulting firms for
operational work
• The Corporate Procurement Policies and
Procedures Manual (AMS 15.10)
continues to cover administrative
consulting and the purchase of goods and
services
4
Operational vs. Administrative
• “Operational Consulting” refers to consulting
services in connection with the Bank’s projects
and those contracts funded by Trust Funds
• Administrative goods and services are for the
benefit of the WBG and its staff and include
construction and renovation, printing,
translations, IT goods and services (including
web design), security services, driver services,
cleaning services, etc.
5
Roles and Responsibilities of
Task Managers
• Obtaining budget authority
• Compliance with all applicable policies
• Compliance with the terms of TF
agreements
• Ensuring the consultants do not have a
real or perceived conflict of interest
• Ensuring the short listed firms meet the
Bank Group’s vendor eligibility criteria
6
Roles and Responsibilities of
Task Managers (cont)
• Ensuring that the Anti-Money laundering / Combating the
Financing of Terrorists process has been completed
• Drafts the TOR
• Drafts and advertises the EOI
• Prepares the Short List
• Drafts and issues the RFP to the short list
• Manages the evaluation committee
• Obtains the required clearances and approvals
7
Roles and Responsibilities of
Task Managers (cont)
• Ensuring that the services and
deliverables are in accordance with the
contract terms
• Ensuring that no work or travel begins
before the contract has been signed or the
appointment letter issued
• Performs contract administration on firm
contracts
• Maintaining records in accordance with the
Records Retention policies
8
Roles and Responsibilities of
Approvers
• Approvers are typically Sector Managers
or Sector Directors
• Approvers are responsible for ensuring
that applicable policies have been
complied with prior to approving the
selection
9
Roles and Responsibilities of
Procurement Specialists
• PS’ are responsible for providing
clearances and guidance throughout the
procurement cycle
– GSDPR is the designated PS for IFC and for
Bank Network VPU’s
– Acredited PS’ and PAS’ are the PS for
Regional VPUs
10
Roles and Responsibilities of
Transaction Processors
• Transaction Processors (TPs) are responsible
for collecting all of the required documentation
and approvals
• TPs create CONS POs that are less than
$50,000 (GSDPR issues contracts over
$50,000)
• TPs create and submit SAP requisitions (with
required documentation and approvals attached)
to GSDPR
• TPs process payments per the contract terms
after obtaining TM’s approval
11
Roles and Responsibilities of
GSDPR
• GSDPR is responsible for issuing consulting
contracts above $50,000 and contract
modifications
• GSDPR assists TMs in their contract
administration duties
• For some business units, GSDPR is the
designated PS
12
Selection Methods
• The selection methods in the new policy have
been simplified for firm selections
• The number of selection methods have been
reduced from seven to three for firm selections:
– Full competitive selection; simplified competitive
selection and single source selection
• For individuals, the selection methods remain
the same: comparative selection or single
source selection
13
Full competitive selection – for firm selections
estimated to cost over $250,000
– Advertised EOI (14 calendar days)
– Adequate competition with three or more qualified
firms
– PS clearance and Approver approval of short list
– PS clearance of draft RFP
– Evaluation committee of at least three WBG staff
– Contract award is cleared by PS and approved by
Approver
14
Simplified competitive selection – for firm
selections estimated to cost $250,000 or less
– Advertised EOI only for contracts over $50,000
• for contracts under $250,000, advertise EOI for 7 calendar
days
–
–
–
–
–
Adequate competition with two or more qualified firms
No clearance or approval of short list
Evaluation committee of at least two WBG staff
Contract award is not cleared
Contract award is approved by Approver
15
Comparison of Competitive
Selections
Firm Selection $250,000
and under
• EOI advertised for 7
calendar days (over
$50,000)
• Invite two or more
qualified firms
• No clearance of short list
• Evaluation committee of
at least 2 WBG staff
Firm Selection over
$250,000
• EOI advertised for 14
calendar days
• Invite three or more
qualified firms
• Short list cleared by
Approver and PS
• RFP cleared by PS
• Evaluation committee of
at least 3 WBG staff
16
Comparison of Competitive
Selections
Firm Selection $250,000
and under
• Contract award is not
cleared
• Contract award is
approved by Approver
Firm Selection over
$250,000
• Contract award is cleared
by PS
• Contract award is
approved by Approver
17
Sourcing Strategy
• TTL’s should develop their sourcing
strategy prior to commencing a selection
process
• Contract payment should be determined
(lump sum vs. time and material)
• If appropriate, the TTL should discuss with
GSDPR whether a framework agreement
is the best approach for their requirement
18
Lump sum vs. Time and
Materials Contracts
• Lump sum contracts:
– Shift responsibility to the firm to complete the
work for the stated amount
– The lump sum amount can include travel
expenses, but does not need to
– Recourse includes withholding payment for
deliverables that do not meet contract
requirements
19
Lump sum vs. Time and
Materials Contracts
• Time and Material contracts:
– Require the TTL to manage the firm’s work
– The TTL assumes the risk of completing the
work within the stated contract amount and
ensuring quality
– Recourse is to request firm to provide
appropriately qualified consultants
20
Framework Agreements
• Framework agreements provide for an indefinite
quantity of services within a general scope of
work during a fixed time period at predetermined
rates
– Typically multiple contracts are awarded to
qualified firms
• Consulting firms are normally engaged on a
project by project basis
• Where appropriate, framework agreements with
consulting firms may be appropriate
21
Framework Agreements (cont.)
• Task Orders referencing the framework
agreement are issued when requirements
are defined
• Task Orders are normally awarded after a
short form competition between the firms
that were awarded the framework
agreements
• TTLs should contact GSDPR to determine
if a framework agreement is appropriate
22
Developing the Terms of Reference
(TOR) and Budget Estimate
• The TTL is responsible for preparing the TOR for
the work to be performed
• The TTL prepares the cost estimate and ensures
that it is consistent with the scope of the
consultant services
• The TTL is responsible for obtaining budget
approval and confirming the availability of
sufficient funding
• Where budget approval exceeds available
funding, the TTL should contact GSDPR for
23
guidance
TOR
• The TOR should include:
– Clear description of the work to be performed
– List of deliverables and due dates
– Project schedule including meetings and
presentations
– A description of how the performance of the
firm will be evaluated
• Do not include contract terms in your TOR
(e.g. payment schedule)
24
Cost Estimate
• The cost estimate should include:
– An estimated level of effort (e.g. categories of
consultants, number of consultants, number
of hours / days expected to complete the
work)
– Average or expected hourly / daily rate for
consultants
– Estimated cost for expenses (travel, per diem,
other related expenses, etc.)
25
Advertising Expression of
Interest (EOI)
• For competitive selections of consulting firms estimated
to cost $50,000 or more, the selection process includes
an advertised EOI using the standard template
– For contracts $250,000 and below the advertisement
is posted for 7 calendar days
– For contracts above $250,000, the advertisement is
posted for 14 calendar days
• EOIs are advertised on the Bank Group’s website, in
UNDB and on the Development Gateway web page
• TMs may also advertise locally in the country of the
beneficiary
26
Vendor Registration
• Firms interested in bidding on Bank Group solicitations
do not need to be registered vendors prior to submitting
proposals
• However, firms interesting in bidding on Bank Group
solicitations must be eligible to become a Bank Group
vendor and must become a registered vendor before a
contract can be issued
– A best practice is to have firms submitting proposals
to submit a vendor application which the TM reviews
as part of the evaluation
• Information about vendor eligibility is available on
GSDPR’s Vendor Kiosk
27
Eligibility of firms associated with
Current and Former WBG Staff
• Firms where current and former WBG staff
(including STCs) and their immediate
family have an ownership interest or a
controlling management interest may be
required to wait 12 months before they are
eligible to become WBG vendors
• Questions regarding this policy should be
directed to GSDPR
28
Developing the Short List
• The TTL prepares a short list of qualified firms
based on the evaluation of the EOI responses
– Select the most qualified firms based on the
firms’ qualifications and experience in relation
to the stated project objectives
• The short list may contain additional qualified
firms that did not respond to the EOI
• For contracts over $250,000, the Approver
approves the short list and the PS clears the
short list
29
RFP Drafting and Issuance
• The TTl is responsible for preparing the RFP in
eConsultant2
• The TTL releases the RFP in eConsultant2 to the short
listed firms
• The TTL responds to all questions submitted by Short
Listed Firms regarding the RFP
30
RFPs
• The RFP will include:
– The evaluation criteria
– Instructions to Offerors regarding the
solicitation process, due dates, submission
instructions, contact information etc.
– The TOR
– The contract matrix
– The qualification matrix
31
Evaluation Committee
• The TTL is responsible for setting up an Evaluation Committee of
Bank Group staff who are technically competent in the
specializations to be evaluated and familiar with the consultant
selection methods
– Individuals who are not Bank Group staff can be advisors to the
Evaluation Committee
• The Evaluation Committee evaluates the technical proposals
received following the selection criteria stated in the RFP
• The Evaluation Committee’s scores are recorded in eConsultant2
and their scores are averaged
32
Example of Technical
Evaluation Criteria
• Firm Qualifications and experience,
including reference checks
• Proposed Methodology and approach
• Proposed team, including proposed level
of effort
33
Single Source Selection of
Firms
• Single Source Selection
– Where it can be demonstrated that it presents
a clear advantage over competition or where
the contract value is under $50,000
– Where there is only one firm that can do the
work (“sole source”)
– Contracts $50,000 and below – approval from
Approver only
– Contracts over $50,000 – approval from
Approver and clearance from PS
34
Contract Negotiations
• The TTL conducts negotiations with the firm that has the
combination of the highest technical and financial scores
• The TTL negotiates the business terms
– Start and finish dates
– Team composition
– Number of missions
– Payment schedule
• Price cannot be negotiated when it would alter the
outcome of the selection or significantly modify the
scope
35
Contract Negotiations (cont.)
• As a practice, the Bank Group does not
accept changes to its contract terms and
conditions
• Questions from firms about contract terms
and conditions should be directed to
GSDPR for response
• TTLs should not discuss contract terms
and conditions with firms (refer them to
GSDPR)
36
Mobilization Payments
• Typically part of the negotiation discussions if not stated
up front in the RFP
• Mobilization payments to firms may only be provided if
there is a need
– Travel requirements
– Start up expenses that are beyond the normal range
• Mobilization payments of 10% or less of the total
contract value are acceptable provided that the TTL is
satisfied that the risk is not significant
• Mobilization payments exceeding 10% must be cleared
by GSDPR
37
Contract Award and Issuance
• The TTL obtains the necessary approvals and
clearances in eConsultant2
• For contracts valued at $50,000 and below, the
TTL’s business unit may issue the contract using
SAP and the standard contract templates
– Contract templates are available on GSDPR’s
website
– The TTL’s Director, VP or duly designated
official signs the contract for the Bank
38
Contract Award and Issuance
(cont.)
• For contracts valued above $50,000, the TTL
submits a SAP Cons requisition and attaches
the approved Selection Memo, the final TOR
and the selected firm’s technical and financial
proposal
• The TTL is responsible for supervising the
contract to ensure that it is carried out according
to the agreed contract and quality standards
• All consulting firm awards regardless of selection
method will be listed on GSDPR’s external web
site
39
Award Decisions
• Award decisions are posted on the WBG’s
external website regardless of selection
method
• Information posted includes:
– Selection Number
– Firm Name
– Title of Selection
– Contract Value
– Date of Award
40
Debriefing Offerors
• TTL’s may debrief firms that submitted a proposal if the
firm requests
• Debriefs are limited to:
– Discussion of that firm’s proposal only
– Feedback on that firm’s proposal in relation to the
stated requirements
– Areas for improvement (if any) for future
• Debriefs cannot include any information about technical
and price evaluation scores, ranking, or information
about other Offeror’s proposals
41
Complaints and Protests by
Consulting Firms
• The Bank Group’s response to all protests,
regardless of to whom they are addressed,
is always prepared and executed by the
Chief, Corporate Procurement
• AMS 15.01 contains procedures for
responding to protests by consulting firms
• Anyone receiving a written protest is
required to promptly forward it to GSDPR
42
Contract Modifications
• All requests for contract modifications
must be submitted in SAP
• Typical modifications include:
– extension to the contract period of
performance
– Changes to the firm’s personnel working on
the assignment
– Minor changes to the scope of work that do
not significantly impact the contract price
43
Contract Modifications (cont.)
• Contract modifications are not appropriate
if:
– The modification is outside of the scope of the
contract
– Is not a natural continuation of the work
– The possibility additional work was not anticipated at
the time the contract was issued
– If it would be more appropriate to competitively bid
the additional work
44
Contract Modifications (cont.)
• Contract modifications that result in a
modification in contract value of less than
20% of the original contract value require
Approver approval only
• Contract modifications that result in a
modification in contract value of 20% or
more of the original contract value require
both Approver approval and PS Clearance
• Note: Contracts that have expired cannot
45
be modified
Contract Administration
• The TTL is responsible for monitoring the
firm’s performance pursuant to the
contract terms and conditions
• TTLs should get GSDPR involved if there
are any performance issues to advise on
the appropriate strategy for ensuring the
firm’s compliance with the contract
46
Individual Selection Methods
• Comparative Selection – for appointments
where fees are estimated to be more than
$50,000 (review 3 CVs and select most
qualified individual)
• Single Source Selection – where it can be
demonstrated that it presents a clear
advantage over a comparative selection
OR for appointments were fees are
estimated to be $50,000 or less
47
Appointment Letter
• Individual consultants (STCs) hired by the Bank
Group for operational purposes are appointed as
Bank Group staff according to the administrative
procedures set up by the Bank’s Human
Resources Department
• TTLs should consult the HR policies and
procedures and the Remuneration Guidelines
for STCs
• Questions regarding appointment letters and HR
policies and procedures should be directed to
HR
48
Summary of Changes between
AMS 15.01 and 15.00
• Firm selection methods have been streamlined
from 6 methods to 3
• Single source selection of firms permitted if the
contract is $50,000 or less
• Clearances by PS are required for certain
selection processes
– Single Source Firm Contracts over $50,000
– All Firm Contract awards over $250,000
• No PS clearance is required for Individual
Selections
49
QUESTIONS?
• Contact GSDPR at:
– “GSD Procurement” in Lotus Notes
(Gprocurement@WorldBank.org)
– Call the GSDPR Help Desk 202-473-1118
50
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