Guidelines

Revision of Section 1.06 (1) and its Note 3

In Section 1.06 (1) (c) of the both Guidelines, it is stipulated that JICA will recognize a consultant / Contractor as ineligible to be awarded a contract if the consultant / Contractor, is debarred under the cross debarment decisions by the Multilateral Development Banks (MDBs)

By this revision, the provision is added to provide borrowers with additional choice to request for JICA’s concurrence to recognize eligibility of a consultant / Contractor debarred by MDBs, in case such debarment causes a clear and substantial disadvantage to the borrower concerned. (Added as shown below in bold.)

• Section 1.06 (1) of Guidelines for the Employment of Consultants

(c) will recognize a consultant as ineligible to be awarded a contract funded with Japanese ODA Loans if the consultant or sub-consultant, who has a direct contract with the consultant, is debarred under the cross debarment decisions by the Multilateral Development Banks. Such period of ineligibility shall not exceed three (3) years from (and including) the date on which the cross debarment is imposed. The Borrower shall confirm the eligibility of consultants from this point of view. Notwithstanding the foregoing, taking relevant factors such as the status of the project financed by Japanese ODA Loans into account, the Borrower may request JICA’s concurrence to recognize, and upon obtaining JICA’s prior concurrence, may recognize the eligibility of any consultant or sub-consultant so debarred if, in the Borrower’s view, the ineligibility of such consultant or sub-consultant would result in a clear and substantial disadvantage to the Borrower.

• Section 1.06 (1) of Guidelines for Procurement

(c) will recognize a Contractor as ineligible to be awarded a contract funded with Japanese ODA Loans if the Contractor or sub-contractor, who has a direct contract with the Contractor, is debarred under the cross debarment decisions by the Multilateral Development Banks. Such period of ineligibility shall not exceed three (3) years from (and including) the date on which the cross debarment is imposed. The Borrower shall confirm the eligibility of bidders from this point of view. Notwithstanding the foregoing, taking relevant factors such as the status of the project financed by Japanese ODA Loans into account, the Borrower may request JICA’s concurrence to recognize, and upon obtaining JICA’s prior concurrence, may recognize the eligibility of any Contractor or sub-contractor so debarred if, in the Borrower’s view, the ineligibility of such Contractor or sub-contractor would result in a clear and substantial disadvantage to the Borrower.

The revised Guidelines will be applied to the Japanese ODA Loan projects, which are pledged by the Government of Japan to the borrower country on and after October 1, 2023 (except for projects with special circumstances, such as subsequent time-slice or additional loans for ongoing projects).

• October, 2023