This article notes that, although the World Bank overhauled its procurement framework a decade ago, its bidder complaints process – an integral part of that framework – has not been updated to meet international best practices. The current process for bidder complaints affords relatively little transparency and accountability, and has been criticized (including by the U.S. Government Accountability Office) for failing to provide disappointed bidders an effective means of challenging failures in a procurement process. Reforming the Bank’s complaints process could be done by aligning it with international best practices, using (among other things) the benchmarks suggested by the Methodology for Assessment of Procurement Systems (MAPS), which was developed with the support of the World Bank and the Organisation for Economic Co-Operation and Development (OECD) and which is regularly relied upon by the Bank. The complaints processes established by two other multilateral development banks, the European Bank for Reconstruction and Development (EBRD) and the European Investment Bank (EIB), also offer important benchmarks for reform. By updating its bid complaints process to meet international best practices, the World Bank could better ensure robust competition in the procurements it funds, bring to light more procurement failures for correction, and reinforce international confidence in the Bank’s important work.

The article was written by Christopher Yukins, George Washington University Law School and Eli Whitney Debevoise II, a partner at the law firm of Arnold & Porter and previously U.S. Executive Director of the World Bank.

The article concludes by noting that the Bank’s 2015–2016 reform of its procurement framework and bid complaints processes marked a critical step in improving the Bank’s overall procurement procedures. The reform signaled a clear shift in the Bank’s approach to funded procurement. But the reform of the Bank’s procurement framework was only the first step—additional steps, including improvements to the Bank’s complaints process, will be needed to make the Bank’s procurement framework as strong as possible. To align the Bank’s bid complaints process with international best practices, the article notes that the Bank may wish to consider the following reforms:

• Independent Review: Allow a vendor independent review (by appeal or otherwise) before an independent body (perhaps within the Bank itself, as the EIB and EBRD do) or a court – not just review by the purchasing agency, which may have serious conflicts of interest when asked to review its own actions.
• Access to the Administrative Record: Afford vendors access to the administrative record, to allow a fair assessment of the claimed agency errors.
• Set Deadlines: Apply fixed timelines for decision to avoid unnecessary delay, both to the project and to the parties involved.
• Transparent Process: Afford transparency in the Bank’s review of the complaints process, to ensure the confidence of the complaining party – and the public – in the process.
• Publish Decisions: Ensure that decisions on bidder complaints are made in writing upon reasoned grounds and an available record, and made publicly, to reinforce public confidence in the Bank’s (and the borrowers’) decisions, and to provide guidance for future procurements.

These reforms could help make the Bank’s complaints process more reliable and so encourage competition in Bank-financed projects, improve procurement outcomes and reinforce public confidence in procurement done with World Bank financing.

This article was published in the Swedish Procurement Law Journal, Upphandlingsrättslig Tidskrift, edited by Andrea Sundstrand at Stockholm University.

Citation: Christopher Yukins & Eli Whitney Debevoise II, Updating the World Bank’s Bidder Complaints Process To Meet International Best Practices, UrT 2026 p. 49, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7642798.