【文章內容簡介】 participate only if they can establish that they (i) are legally and financially autonomous, (ii) operate under mercial law, and (iii) are not dependent agencies of the Borrower or SubBorrower. Other than Force Account units, as permitted under para. .(d) A firm declared ineligible by the Bank in accordance with subparagraph (d) of paragraph of these Guidelines or in accordance with the World Bank Group AntiCorruption policies For purposes of this subparagraph, the relevant World Bank Group AntiCorruption policies are set forth in the Guidelines On Preventing and Combating Fraud and Corruption in Projects financed by IBRD Loans and IDA Credits and Grants, and in the Anticorruption Guidelines for IFC, MIGA, and World Bank Guarantee Transactions. shall be ineligible to be awarded a Bankfinanced contract during the period of time determined by the Bank.Advance Contracting and Retroactive Financing The Borrower may wish to proceed with the initial steps of procurement before signing the related Bank loan. In such cases, the procurement procedures, including advertising, shall be in accordance with the Guidelines in order for the eventual contracts to be eligible for Bank financing, and the Bank shall review the process used by the Borrower. A Borrower undertakes such advance contracting at its own risk, and any concurrence by the Bank with the procedures, documentation, or proposal for award does not mit the Bank to make a loan for the project in question. If the contract is signed, reimbursement by the Bank of any payments made by the Borrower under the contract prior to loan signing is referred to as retroactive financing and is only permitted within the limits specified in the Loan Agreement.Joint Ventures Any firm may bid independently or in joint venture confirming joint and several liability, either with domestic firms and/or with foreign firms, but the Bank does not accept conditions of bidding which require mandatory joint ventures or other forms of mandatory association between firms.Bank Review The Bank reviews the Borrower’s procurement procedures, documents, bid evaluations, award remendations, and contracts to ensure that the procurement process is carried out in accordance with the agreed procedures. These review procedures are described in Appendix 1. The Procurement Plan approved by the Bank See paragraphs . shall specify the extent to which these review procedures shall apply in respect of the different categories of goods and works to be financed, in whole or in part, from the Bank loan.Misprocurement The Bank does not finance expenditures for goods and works which have not been procured in accordance with the agreed provisions in the Loan Agreement and as further elaborated in the Procurement Plan. See paragraph . In such cases, the Bank will declare misprocurement, and it is the policy of the Bank to cancel that portion of the loan allocated to the goods and works that have been misprocured. The Bank may, in addition, exercise other remedies provided for under the Loan Agreement. Even once the contract is awarded after obtaining a “no objection” from the Bank, the Bank may still declare misprocurement if it concludes that the “no objection” was issued on the basis of inplete, inaccurate, or misleading information furnished by the Borrower or the terms and conditions of the contract had been modified without Bank’s approval.References to Bank If the Borrower wishes to refer to the Bank in procurement documents, the following language shall be used:“(name of Borrower) has received (or in appropriate cases ‘has applied for’) a [loan] from the [International Bank for Reconstruction and Development] (the “Bank”) in an amount equivalent to USD188。 toward the cost of (name of project), and intends to apply a portion of the proceeds of this [loan] to eligible payments under this contract. Payment by the Bank will be made only at the request of (name of Borrower or designate) and upon approval by the Bank, and will be subject, in all respects, to the terms and conditions of the [Loan] Agreement. The [Loan] Agreement prohibits a withdrawal from the [Loan] Account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Bank, is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations IBRD’s General Conditions Applicable to Loans and Guarantee Agreements。 Article V。 Section and IDA’s General Conditions Applicable to Development Credit Agreements。 Article V。 Section . No party other than (name of Borrower) shall derive any rights from the Loan Agreement or have any claim to the proceeds of the [loan].” Substitute “credit,” “International Development Association,” and “Credit Agreement,” as appropriate.Fraud and Corruption It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans), as well as bidders, suppliers, and contractors and their subcontractors under Bankfinanced contracts, observe the highest standard of ethics during the procurement and execution of such contracts. In this context, any action taken by a bidder, supplier, contractor, or a subcontractor to influence the procurement process or contract execution for undue advantage is improper. In pursuance of this policy, the Bank:(a) defines, for the purposes of this provision, the terms set forth below as follows:(i) “corrupt practice” For the purpose of these Guidelines, “another party” refers to a public official acting in relation to the procurement process or contract execution]. In this context, “public official” includes World Bank staff and employees of other organizations taking or reviewing procurement decisions. is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party。(ii) “fraudulent pra