Discusses the legal requirements for selling to the host government, including whether the government has agreed to abide by the WTO Government Procurement Agreement or is a party to a government procurement chapter in a U.S. FTA. Specifies areas where there are opportunities.
Last Published: 9/5/2018
Project Procurement: Firms interested to bid on ADB-funded projects must remember that the responsibility for the implementation of the project and for the award and administration of contracts rests with the borrower. Prime contractors, therefore, must position themselves to sell to that government; subcontractors must effectively market their products and services to the successful prime contractors long before actual procurement of goods and services.

Each country has its sovereign laws governing foreign firms selling to the government, including whether they can sell direct or must operate through a local entity (agent, representative, etc.). Countries that are signatories to multilateral agreements like the World Trade Organization’s (WTO) Government Procurement Agreement (GPA), and bilateral Trade Promotion Agreements with the United States, must abide by their commitments under those agreements in conducting procurements for ADB-funded projects in the host country.

To learn about selling to the government in countries of interest to your firm see the “Selling to the Government” section of each country’s Country Commercial Guide (https://www.export.gov/ccg).

U.S. firms interested in specific ADB-funded projects should consider contacting the U.S. Commercial Service’s Liaison Office to the ADB early in the process and prior to bidding.

Institutional Procurement: Although not a government, ADB is an independent development and financial institution with independent procurement policies guided by principles of fairness, transparency, and integrity. Interested suppliers must register at the Bank’s Supplier Management System (https://uxdmz06.adb.org/OA_HTML/adb/xxsms/jsp/Login.jsp).
Many governments finance public works projects through borrowing from Multilateral Development Banks (MDBs). Please refer to “Project Financing” Section in “Trade and Project Financing” for more information.

The U.S. Commercial Service Liaison Offices at the MDBs: The Asian Development Bank often co-finances projects with other multilateral development banks (MDBs). The U.S. Commercial Service maintains Liaison Offices in the following MDBs: the Asian Development Bank, the World Bank, the Inter-American Development Bank, the African Development Bank, and the European Bank for Reconstruction and Development. These MDBs provide financial and technical assistance to its member countries in order to implement projects and programs instrumental for economic growth and development. The Commercial Liaison Offices help American businesses learn how to get involved in bank-funded projects, and advocate on behalf of American bidders. Learn more by contacting the Commercial Liaison Office to the Asian Development Bank (https://2016.export.gov/adb/), the World Bank (http://export.gov/worldbank), the Inter-American Development Bank (http://export.gov/idb), the African Development Bank (http://www.export.gov/afdb), and the European Bank for Reconstruction and Development (http://export.gov/ebrd).

 

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.