Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 13: Bidding Documents to be Prepared
1) Prior to the invitation to bid, the Public Entity shall have to prepare the bidding documents.
2) The bidding documents under sub-section (1) shall contain the following matters:
(a) The nature of procurement, time required for procurement and technical specifications thereof,
(b) Where bids are invited without carrying out prequalification, the criteria for qualification of bidders, as referred to in Section 10,
(c) Where there is a provision of a site visit, information relating thereto,
(d) If any bid conference has to be held prior to submission of the bid, information relating to such conference,
(e) Instructions for preparing and submitting bids, the place for the submission of bids, the deadline for the submission of bids and the place, date and time for the opening of bids,
(f) Component of price, the currency or currencies in which the bid price may be stated, the currency and the source and date of the related exchange rate to be used for comparison of bids,
(g) The criteria and methodology for the evaluation of bids and the selection of the bidder,
(h) The preferences to be given, if any, for domestic goods and local construction entrepreneurs, provision relating thereto,
(i) Where any goods or construction works are to be procured by making separate lots and packages, such lots and packages and the manner of evaluation thereof,
(j) Where alternatives to the technical specifications are also invited, the manner of evaluation of such alternatives,
(k) Where a bid can be submitted only for a portion of the goods, construction works, or services to be procured, a description of such portion or portions,
(l) The validity period of the bid,
(m) The amount, type, acceptable form and validity period of security to be furnished for bid, performance or other necessary matters,
(n) Where a bid security is required, provision that the period of that security shall exceed by thirty days the validity period of the bid,
(o) The terms and conditions of the procurement contract under Section 52 and the modalities of coming into force of that contract,
(p) Information that bids shall not be processed in the event of conflict of interest or information relating to legal action for fraud or corruption,
(q) Provision that any bidder may make an application for review against any error or decision made by the Public Entity in carrying out the bid proceedings,
(r) Provision that the documents proving technical capacity and financial proposal (bid price) have to be submitted in one envelope, and
(s) Such other matters determined by the Public Procurement Monitoring Office as to be involved in the prequalification documents or bidding documents.
3) The Public Entity shall make available the bidding documents upon collection of the charges as prescribed to any person, firm, organization or company that requests for the bidding documents in accordance with the notice for invitation to bids, and where prequalification is required to participate in the procurement proceedings, to those persons, firms, organizations or companies that have been pre-qualified and request for such documents.