Public Procurement Act 2063

Chapter 9 Provision Relating to Monitoring of Procurement Activities

Section 65: Functions, Duties and Powers of Public Procurement Monitoring Office
1) The functions, duties and powers of the Public Procurement Monitoring Office, in addition to the ones referred to elsewhere in this Act, shall be as follows:
(a) To make recommendations to the government of Nepal for reform in the procurement policy or laws in force,
(b) To issue technical guidelines and manuals required for implementing this Act,
(c) To prepare a standard model of the standard bidding documents, prequalification documents, procurement contract documents and documents relating to the proposal to be used by a Public Entity to conduct procurement proceedings,
(d) To collect statistics of procurement proceedings to be operated or operated by a Public Entity and to monitor or to make or cause to be made technical auditing of whether or not such proceedings are conducted in compliance with this Act or Regulations or manual, made thereunder.
(e) If the Public Entity seeks opinion, advice about a matter as referred to in this Act or Regulations, Manuals made thereunder, to provide opinion, advice,
(f) To establish and operate a procurement website,
(g) To publish a bulletin in order to make public this Act and the Regulations, Manuals, Technical Notes made thereunder and public procurement-related writings, articles, materials and similar other matters,
(h) To prepare procedures required for coordination in the procurement proceedings and submit to the Government of Nepal for approval,
(i) To make arrangements for a regular training program for the bidder or the employee involved or to be involved in procurement proceedings,
(j) To make the necessary criteria of exclusion from the blocklist under Section 63 and exclude from such blocklist as per such criteria,
(k) To review, appraise construction works, supply, consultancy services, and other service systems in order to make the procurement system effective, and to solicit regular suggestions from customers or international organisations and other foreign bodies as necessary,
(l) To prepare a plan of domestic or foreign assistance required to systematise and reform the procurement system and to act as the central body for coordinating such assistance,
(m) To submit the annual report of the procurement proceedings to the Government of Nepal,
(m1) To certify or cause to be certified procurement experts, to submit an annual report of procurement activities to the Government of Nepal, and
(n) To do other prescribed functions.
2) Notwithstanding anything contained in sub-section (1), the Public Procurement Monitoring Office shall not be involved in any manner in the procurement proceedings, except the procurement proceedings of its office, of other public entities, nor shall it resolve any dispute arising in respect thereof.
2A) If a procurement action taken by a public body is found to be contrary to this Act or the rules, procedures or guidelines made under this Act, the Public Procurement Monitoring Office may write to the head of the public body to correct the error in such procurement action and take action against the official involved in the procurement action in accordance with the prevailing law, or to the authorized person in the case where the head of the public body is involved in such procurement action. If such a letter is received, the head of the public body concerned or the authorised person shall correct the error, take action against the concerned official in accordance with the law, and inform the Public Procurement Monitoring Office.
3) The Public Procurement Monitoring Office shall carry out the work of the Secretary of the Review Committee under Section 48, and it shall have to make arrangements for the budget required for the committee.