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(II)The terms of the Adb Loan required, inter alia, that all goods and services to be financed out of Adb Loan proceeds are to be subject to the "Guidelines for Procurement under Asian Development Bank Loans" as amended from time to time (hereinafter referred to as "ADB Procurement Guidelines").
(III)Relevant provisions of the said Adb Procurement Guide lines read as below:
"General 2.01The purpose of international competitive bidding is to provide the borrower with a wide range of choices in selecting the best bid from competing suppliers/contracts and to give to all prospective bidders from eligible source countries fair, and equal opportunity to bid on goods and works which are being procured bank loans. To achieve this, the Bank requires its borrowers to observe certain guidelines in preparing bidding and contracts and to follow certain procedures in advertising bid invitations and in accepting opening, and evaluating bids. In addition, draft tender documents, bid evaluation reports, and proposed awards of contract are subject to prior review and approval by the Bank "as stipulated in Chapter Iv of these Guidelines".
"PRE QUALIFICATION Procedures 4.03 Pre qualification of bidders is subject to the following procedures:
(A)Pre qualification invitation. The pre qualification invitation and all documents (including the proposed pre qualification methodology and criteria) should show the loan number and should be approved by the Bank before they are issued. For this purpose, three copies of the draft pre qualification invitation and all related documents should be submitted to the Bank. The draft pre qualification invitation, to be submitted to the bank for approval, should show the proposed time for submission of pre qualification application.
"INTERNATIONAL Competitive Bidding Procedures 4.04International competitive bidding is subject to the following procedures.
"(A)Invitation to Bid and Tender Documents. The invitation to bid and all related tender documents (including bidding instructions and conditions, specifications form and conditions of contract) should show the loan number and should be approved by the bank before they arc issued. For this purpose, three copies of the invitation to bid and all related tender documents should be submitted to the Bank. The draft tender documents to be submitted to the bank for approval should show all important conditions of tender including the proposed tendering period and the proposed delivery period.