Public Administration

Procurement Directive for ADB Borrowers (2026): Procurement Reform

2026-01-12 16:09:18
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Procurement Directive for ADB Borrowers (2026): Procurement Reform
The Procurement Directive for ADB Borrowers (2026) replaces the 2017 Procurement Regulations for all new projects. While the 2017 framework introduced the concept of "Value for Money" (VfM), it was often implemented using traditional "lowest-price" methods. The 2026 Directive makes quality-based evaluation and social impact mandatory for all internationally advertised contracts.
The Document Hierarchy (2026)
  1. ADB Procurement Policy (2017): Remains the high-level policy document.
  2. Procurement Directive for ADB Borrowers (2026): The core legal document governing borrower-administered procurement.
  3. Technical Instructions (2026): Replaces much of the "Guidance Notes" as the mandatory "how-to" manual for executing agencies.
  4. Staff Instructions (2026): Internal rules for ADB staff to supervise and clear procurement actions.
Comparison: 2017 Framework vs. 2026 Directive
The Procurement Directive for ADB Borrowers (2026) shifts from a compliance-heavy "Lowest Price" model to a performance-driven "Value for Money" model
Feature
2017 Procurement Regulations
2026 Procurement Directive
Primary Selection Goal
Lowest Evaluated Substantially Responsive Bid (LESRB).
Most Advantageous Bid (MAB) – Balancing quality, cost, and impact.
Evaluation Method
Price-dominant; technical was often pass/fail.
Mandatory Merit Point Criteria (MPC) for all international tenders.
Local Economic Impact
Domestic Preference (optional 7.5%–15% price margin).
Mandatory 50% Local Labor Rule (minimum of total person-days).
Market Engagement
Optional / Part of internal planning.
Mandatory Early Market Engagement (EME) before tender launch.
Technical Weighting
Usually 0% (if pass/fail) or low percentage.
Min. 50% Technical Weighting for high-risk/complex projects.
Sustainability
Qualitative/Ad-hoc mentions in EMP.
Scored & Quantitative (Carbon, Resilience, Life Cycle).
Contract Monitoring
Focus on physical progress & milestones.
Focus on Social KPIs (local jobs, training, gender targets).
 
The Three Mandatory Pillars of 2026
1. Mandatory Merit Point Criteria (MPC)
Starting in 2026, ADB no longer permits "lowest price" as the default for internationally advertised contracts.
ü  Weighted Scoring: Bidders are scored on technical merit (e.g., innovation, experience, sustainability) and financial price.
ü  Thresholds: For high-risk or complex projects, technical merit must account for at least 50% of the total score.
ü  Exemptions: MPC is not required for commodities (fuel, grain), pharmaceuticals, vaccines, or low-value off-the-shelf items.
2. Mandatory Local Participation (The "50% Rule")
A groundbreaking social requirement to ensure project funds stay within the borrower country.
ü  Labor Quota: At least 50% of the total person-days (labor hours) on construction contracts must be performed by local labor (nationals or permanent residents).
ü  The Bonus Incentive: Bidders can earn up to 15% of their technical merit points by proposing plans that exceed the 50% minimum or provide structured skills-transfer programs to the local workforce.
3. Mandatory Early Market Engagement (EME)
To reduce the risk of "failed tenders" (where no one bids or prices are too high), Borrowers must now engage the market before publishing the tender.
ü  Activities: Borrowers must conduct road shows, supplier surveys, or pre-tender workshops.
ü  Outcome: Market feedback must be used to refine technical specifications and risk allocation in the final bidding documents.
Sector-Specific Applications: Sectoral Example
Transportation Sector (Roads, Rail, Ports)
ü  Merit Focus: Scoring rewards lifecycle durability (e.g., pavement life), climate resilience (flood-proofing), and safety innovations.
ü  Local Impact: Large-scale civil works must strictly report local labor hours month-by-month.
Energy & Irrigation Sectors
ü  Energy: Focuses on Life Cycle Costing (LCC)—the most efficient transformer or turbine wins, even if the initial purchase price is higher.
ü  Irrigation: Rewards Water Use Efficiency (SCADA systems/sensors) and Nature-Based Solutions for canal lining instead of traditional concrete.
 
Sector-Specific Merit Point Matrices (Samples)
The following tables illustrate how a borrower would structure a 2026-compliant tender. In these examples, the Technical-to-Price ratio is 70:30.
A. Transportation Sector (Roads & Bridges): Samples
For a major highway or bridge, the focus is on durability and disruption management.
Technical Main Criteria
Weight (%)
Merit Point Focus Areas (Scored 1–100)
Construction Methodology
30%
Innovation in bridge launching, minimizing traffic downtime, and safety protocols.
Asset Lifecycle & Durability
25%
Quality of materials, pavement design life, and ease of future maintenance.
Climate Resilience
20%
Scored against flood-proofing designs (e.g., 1-in-100-year events) and drainage.
Local Participation
15%
Plans exceeding the 50% labor rule and technical skills transfer to local firms.
Environmental/Carbon
10%
Use of recycled aggregates or low-carbon concrete mixes.
Total Technical
100%
(Contributes 70% to the Final Score)
 
B. Irrigation Sector: Modern Systems: Sample
Irrigation projects now prioritize water-use efficiency and community ownership.
Technical Main Criteria
Weight (%)
Merit Point Focus Areas (Scored 1–100)
Technical Performance
35%
Precision of SCADA/automated gates and water delivery efficiency (target 90%+).
Operational Sustainability
20%
Ease of desilting, solar-power integration for pumps, and spare parts availability.
Social & Local Impact
25%
Involvement of Water User Associations (WUAs) and local training for system O&M.
Project Management
10%
Experience in remote rural logistics and grievance redressal mechanisms.
Environmental Safeguards
10%
Nature-based solutions for canal bank stabilization (bio-engineering).
Total Technical
100%
(Contributes 70% to the Final Score)
 
 
 
 
 
Implementation & Compliance
ü  Applicability: Applies to all projects with a Concept Note approved on or after January 1, 2026.
ü  Review Process: ADB will apply "Prior Review" more strictly to the Merit Point Matrix to ensure Borrowers aren't setting unfair technical barriers.
ü  Contract Management: Local labor requirements are now Enforceable KPIs in the contract. Failure to meet the 50% local labor threshold can lead to financial penalties or contract breach.
Conclusion
The 2026 reform transforms ADB procurement from a transaction-based process into a strategic tool for development. For Borrowers, it requires higher technical capacity to evaluate bids. For Bidders, it means that being the cheapest is no longer enough; you must be the best and the most local.
 
The "Why" Behind the Change?
The transition to the 2026 Procurement Directive is rooted in a fundamental shift toward sustainable, high-quality development. ADB leadership has emphasized that infrastructure must be an investment in a country’s future, not just a purchase of physical assets.  
v  On Quality & Longevity
The cheapest bridge is not a bargain if it needs rebuilding in ten years. Quality infrastructure lasts generations. It creates jobs today and opportunities tomorrow. This is not about fixing something broken. It is about building on what works and raising our ambitions. — Masato Kanda, ADB President
v  On Economic Impact & Local Jobs
             ADB will require meaningful local job participation on projects it finances. From 2026, at least half of all person-days worked on internationally advertised construction contracts must be completed by local labor. This is designed to create skills development opportunities, strengthen domestic markets, and ensure that economic value from projects remains within the communities they serve. - ADB Official Statement (September 2025)
v  On Modernizing the Market
This landmark reform strengthens ADB’s commitment to quality, sustainability, and value for money... ensuring that contracts are awarded to bidders capable of delivering sustainable results and long-term development impact. - ADB News Release on Merit Point Criteria

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