Usually only in part. Where a financing agreement requires the lender's procedures, those procedures govern the procurement, and Bangladesh's public procurement framework recognises that position. National rules may still apply to matters the lender's framework does not cover, such as some registration, tax, licensing and local administrative requirements, and to procurement on the same project that is not lender-financed. The development bank procurement plan agreed with the lender usually shows which packages follow which method. We read the financing agreement, procurement plan and bidding documents together first, because the answer can differ between packages on a single project.

The major lenders define broadly similar categories: corrupt practice, fraudulent practice, collusive practice, coercive practice and obstructive practice. Fraud does not require a bribe; a misleading statement about experience, turnover, key staff or past performance, made to obtain an advantage, can be enough. Collusion covers bid rigging and improper coordination with competitors. Obstruction covers destroying records or impeding an investigation. Some lenders add further categories in their own policies. Because the definitions are wide, we review bid content for accuracy as carefully as we review payments to third parties, and we document the source for each factual claim.

Yes, provided the arrangement is genuine and properly disclosed. Lenders do not ban agents, but commissions and gratuities paid in connection with the bid or contract usually have to be declared in the bidding forms, and payments to agents are a common focus of integrity investigations. The agent should provide real, documented services for a fee proportionate to those services, and should accept audit cooperation and anti-corruption obligations in writing. We prepare agency agreements on that basis and advise on the disclosure wording. An undisclosed success fee to a well-connected intermediary is exactly the arrangement that attracts scrutiny.

It depends on whether the sanction is current, which lender imposed it, whether it has been recognised by other lenders under cross-debarment, and whether it was conditional on a compliance programme or other steps. A completed debarment does not in itself disqualify a firm, but the bidding forms may ask about past sanctions and the answer must be accurate. We review the published sanction record, the partner's own documents and the specific bidding requirements, then advise whether the partnership is viable, what must be disclosed and what contractual protections the client needs before the joint venture agreement is signed.

Typical examples include a firm that prepared the design or terms of reference later bidding for the works, a key expert who also works for the implementing agency, family or business ties between a bidder's personnel and evaluation committee members, or a single owner controlling two competing bidders. Lenders treat undisclosed conflicts seriously, and a conflict can disqualify a bid or lead to an integrity finding even where no one gained financially. We review ownership, personnel and prior roles on the project and, where a potential conflict exists, advise on disclosure, mitigation or withdrawal before the submission deadline passes.

Standard bidding documents typically require the bidder, contractor and their subcontractors, consultants and suppliers to let the lender inspect accounts, records and other documents relating to the bid and the contract, and to have them audited by auditors the lender appoints. The obligation often extends for several years after completion. Failure to cooperate can itself be treated as obstruction. In practice that means keeping a complete, retrievable project file in Bangladesh and abroad, flowing the clause down to subcontractors, and having a plan for responding to an inspection request lawfully and promptly. We help set that up.

Challenges follow the procedure in the bidding documents and the lender's procurement framework, which usually includes a standstill period after notification of intention to award, a right to a debriefing and a complaint to the procuring entity within short deadlines. The domestic review route that applies to ordinary government tenders may not apply in the same way. Development bank procurement complaints are reviewed under the lender's rules, and the lender may also be informed. We advise on timing, grounds and tone, because a complaint that makes unsupported allegations of misconduct can create problems for the complainant.

It can. Debarment by a lender applies to all its financed contracts worldwide, and under the cross-debarment agreement among several major lenders a debarment exceeding one year is generally recognised by the others. Bidding forms may ask about pending investigations or past sanctions anywhere. A finding in one market can therefore stop a Bangladesh development bank procurement pipeline. Where a client has an issue elsewhere, we coordinate with its counsel in that jurisdiction, assess disclosure obligations on each Bangladesh opportunity, and make sure statements made in different processes are accurate and consistent, so that one disclosure never contradicts another.