chhatramani/Nepal-Legal-Text-Corpus-44laws huggingface dataset:
Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 28: Two-Stage Bidding
1) Two-stage bidding may be invited in the following conditions:
(a) When it is not feasible to define fully the technical aspects of the goods or construction works or services to be procured or the terms and conditions of the procurement contract at the time of the invitation to bid, or
(b) Because of the complex nature of the goods or construction works or services to be procured, if it is necessary for the Public Entity to discuss with the bidders about how to resolve the problems related to various technical aspects or the procurement contract and about such technical aspects and conditions of contract and benefits accruing there from.
2) While inviting the first stage bid pursuant to this Section, the bidding documents shall state the purpose of procurement, expected performance, broad specifications and other broad features and the qualification of bidders, and state that bidder shall not be required to quote the price in his/her bid and shall submit only technical proposal and comments on the terms and conditions of the proposed procurement contract.
3) The Public Entity may hold discussions with any or all bidders in relation to the bids submitted in response to the invitation to bid made pursuant to sub-section (2).
4) The Public Entity may, also taking into account the discussions held in pursuance of sub-section (3), do the following in relation to the bids submitted pursuant to sub-section (2):
(a) Cancelling a proposal relating to a bid that fails to meet the basic requirements required to be met in relation to procurement or fails to make minimum performance or fails to complete the work within the specified period or that cannot be modified to meet such requirements or to make such performance or to complete the work within the specified period or due to any other weakness,
(b) Modifying or improving the technical specifications, evaluation criteria and terms and conditions of the procurement contract in order to increase competition,
(c) Determining the evaluation system in order to determine the appropriateness of various options submitted by the bidders.
5) After the completion of the acts as referred to in sub-section (4), the Public Entity shall make an invitation to the second stage bid. In making such an invitation to bid, the bidders whose bids have not been cancelled pursuant to the said sub-section shall be invited to submit a bid along with the price in accordance with the revised bidding documents.
6) The second-stage bidding proceedings to be carried out pursuant to sub-section (5) shall be carried out pursuant to the provisions contained in this Chapter except for those provided for in this Section.
Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 29: Consultancy Services May be Procured
1) A Public Entity may procure consultancy services from any person, firm, organisation or company in the following conditions:
(a) If any work cannot be performed by the human resources available at the concerned Public Entity, or
(b) If a service is required to be obtained from a consultant under the foreign aid source in accordance with an agreement with a donor party.
2) In procuring the consultancy services under sub-section (1), procurement shall be made by fulfilling the procedures referred to in this Act.

Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 30: Short List to be Prepared by Soliciting Expression of Interest Openly
1) Where it is required to procure consultancy service that costs more than the prescribed threshold, the Public Entity, in order to solicit expression of interest from the persons, firms, organizations or companies that are interested in providing such consultancy services shall publish a notice in a newspaper of national circulation, giving a period of at least fifteen days, setting out the matters as prescribed.
2) The notice under sub-section (1) may be placed on the website of the Ministry of the Public Entity or of the Public Procurement Monitoring Office concerned.
3) International level expression of interest shall have to be invited in the following circumstances:
(a) To procure consultancy services, the cost of which exceeds the prescribed threshold,
(b) If the consultancy service as requisitioned by the Public Entity is not available at a competitive price from more than one consultant within the State of Nepal,
(c) If no proposal has been submitted in response to the invitation to a national level proposal for the procurement of consultancy services, and the service has to be procured from any foreign consultant,
(d) If it is necessary to obtain services from a consultant under the foreign aid source, by soliciting international expression of interest in accordance with an agreement with the donor party.
4) While soliciting expression of interest under sub-section (3), notice shall have to be published in the English language.
5) The Public Entity shall, upon evaluation, inter alia, of the qualification, experience and capacity of the intending proponents the expression of interest pursuant to sub-section (1) or (3), make selection of generally three to six intending proponents and who can provide such consultancy service, and prepare a short list as prescribed.
6) Where it is required to procure consultancy service the cost of which is less than the prescribed threshold, the Public Entity may prepare a list of the person, firm, organization or company that can provide such service, by fulfilling the procedures as prescribed, and shall solicit proposals pursuant to Section 31 from the person, firm, organization or company that have been included in that list, by fulfilling the procedures as prescribed.
Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 31: Soliciting Proposals
1) After a short list has been prepared pursuant to Section 30, the Public Entity shall request proposals from intending proponents, by giving a period of at least thirty days, sending the documents relating to the proposal, as prescribed, to the intending proponents who are short-listed.
2) The documents relating to the proposal under in sub-section (1) shall contain the following matters:
(a) The name and address of the Public Entity,
(b) The nature of the services to be procured, the time and place when and where the services are to be provided, the terms of reference of the services, the task to be completed and expected outputs,
(c) Instructions to the proponent to prepare a proposal,
(d) Matters that the technical and the financial proposals have to be sealed in separate envelopes, each of which has to clearly indicate the type of proposal outside it and that both envelopes have to be sealed in a separate envelope and that the required services have to be mentioned thereon,
(e) Technical and financial evaluation weightage,
(f) The criteria and weightage marks for the evaluation and comparison of the proposal,
(g) Conditions of the procurement contract,
(h) The place, date and time for the submission of proposals,
(i) Method for the selection of proposals,
(j) Statement that proposals shall not be processed in the event of conflict of interest and information relating to legal action if fraud or corruption is committed,
(k) Provision that a proponent may make an application for review, against any error or decision made by the Public Entity in carrying out proposal proceedings, and
(l) Other matters as prescribed.
3) In setting forth in the documents relating to proposals under sub-section (1), the criteria for the evaluation of a proposal pursuant to clause (f) of sub-section (2), any or all of the following criteria shall be set forth as required for the evaluation of a technical proposal:
(a) Experience of consultants in the task to be performed by consultants,
(b) The quality of the proposed methodology for the performance of the task by the consultants,
(c) The qualification of the proposed key human resources,
(d) Provision of knowledge and technology transfer,
(e) In the case of international level proposals, the details of the key Nepalese human resources proposed for the performance of the task.
4) In setting forth in the documents relating to proposals under Sub-section (1), the method for the selection of proposals pursuant to clause (i) of Sub-section (2), it shall be set forth which of the following methods shall be used for the selection of proposals:
(a) Quality and cost method,
(b) Quality method,
(c) Fixed Budget method, or
(d) Least cost method.
5) Notwithstanding anything contained in Sub-section (4), where the nature of the consultancy services to be procured is exceptionally complex or such services are likely to have considerable impact on future projects or national economy, the selection of proposals may be made exclusively on the basis of the quality method, as prescribed.
Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 32: Opening of proposals
1) After the expiry of the deadline for the submission of the proposal, the outer envelope of the proposal received from the proponent shall be opened, and the sealed envelope of the technical and financial proposal shall be separated.
2) Out of the envelope separated pursuant to sub-section (1), the technical proposals shall be opened first, and the envelope of the finance proposals shall be kept safely apart unopened.
3) The envelope of the financial proposal separated pursuant to sub-section (2) shall be opened only after making an evaluation of the technical proposal in accordance with Section 33.
4) Other provisions relating to the opening of technical proposals shall be as prescribed.

Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 33: Evaluation of Technical Proposal
The technical proposal shall be evaluated in accordance with the evaluation criteria outlined in the documents related to the proposal.

Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 34: Opening of Financial Proposal
The financial proposals of only those proponents who have been qualified from the evaluation of technical proposals shall be opened as prescribed.

Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 35: Evaluation of Financial Proposals
1) The financial proposal opened pursuant to Section 34 shall be evaluated as provided hereunder:
(a) Where the quality and cost method are applied to select the proposal, the technical and financial proposals shall be evaluated in a combined form, and the proposal of the proponent who obtains the highest marks in such evaluation shall be selected as prescribed.
(b) Where the quality method is applied to select a proposal, only the proposal of the proponent obtaining the highest marks in the technical proposal shall be selected.
(c) Where the fixed budget method is applied to select a proposal, a proposal having a cost above such budget ceiling shall be rejected, and the proposal of the proponent who obtains the highest technical marks after falling within such budget ceiling shall have to be selected.
(d) Where the least cost method is applied to select a proposal, the proposal of a proponent having the lowest cost out of the proponents having obtained the minimum marks prescribed for being successful in the technical proposal shall have to be selected.
2) Other provisions regarding the evaluation of financial proposals shall be as prescribed.
Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 36: Rejection of Proposal and Cancellation of Procurement Proceedings
The Public Entity may reject all proposals or cancel the procurement proceedings in the following conditions:
(a) If all the proposals received are not substantially responsive to the terms of reference,
(b) If the cost offered by the selected proponent is substantially more than the cost estimate and available budget,
(c) If the consultancy service is no longer required or,
(d) If it is proved that the proponents have submitted the proposal by mutual collusion.
Provided that the proposal of those proponents who have not colluded may be processed.

Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 37: Negotiations with the Proponent
1) Negotiations with the proponent selected pursuant to Section 35 may be held in the matter of terms of reference and scope of the proposed services, progress report, and facility to be made available by the Public Entity.
2) Except in the conditions under clause (b) of sub-section (1) of Section 35, negotiations in relation to the financial proposal cannot be held with respect to the remuneration of professional experts.
Provided that negotiations may be held with respect to the reimbursable expenditure.
3) If an agreement acceptable to both the Public Entity and the proponent could not be resulted from the negotiations held pursuant to this Section, the Public Entity shall have to negotiate in the case of the proposal under clause (a) (b) and (c) of sub-section (1) of Section 35, with the proponent having obtained the next highest marks and in the case of the proposal under clause (d), with the proponent having the next lowest cost, respectively.

Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 38: Procurement Contract to be Concluded
1) The proposal of the proponent who has reached an agreement from the negotiations pursuant to Section 37 shall be selected for acceptance.
2) Within seven days of selection of the proposal pursuant to sub-section (1), the Public Entity shall have to serve a notice of the intention of accepting the proposal to the proponent selected and to other short-listed proponents.
3) If no proponent files an application pursuant to Section 47 within seven days of a notice being served in accordance with sub-section (2), the proposal of the proponent selected pursuant to Sub-section (1) shall be accepted and s/he shall be served a notice by giving a period of fifteen days to come to sign the contract.
4) If the proponent attends within the period under sub-section (1) to conclude contract, s/he shall have to sign contract under Section 52, and if s/he does not attend, the Public Entity shall hold negotiations, respectively, pursuant to Section 37 with the proponent having obtained next higher marks in the case of a proponent under clause (a), (b), and (c) of sub-section (1) of Section 35 and with the next proponent having the lowest cost in the case of clause (d) and conclude contract with such proponent pursuant to Section 52.
Public Procurement Act 2063

Chapter 4 Provisions Relating to Consultancy Services

Section 39: Other Provision for Consultancy Services
Other procedures concerning the procurement of consultancy services and the evaluation process thereof shall be as prescribed.

Public Procurement Act 2063

Chapter 5 Other Provision Relating to Procurement

Section 40: Provision Relating to Sealed Quotation
1) The threshold of the amount of the goods, construction work or other services that can be procured through sealed quotation shall be as prescribed.
2) Before inviting a sealed quotation, a form of sealed quotation stating clearly therein the specifications, quality, quantity, terms and conditions of supply, time, and other necessary matters of the goods, construction work or other services to be procured shall have to be prepared.
3) In inviting a sealed quotation, a notice shall be published in a national or local level newspaper, giving a period of at least fifteen days.
4) The sealed quotation, once submitted, cannot be withdrawn or amended.
5) The lowest evaluated sealed quotation falling within the cost estimate after fulfilling the terms and conditions under sub-section (2) shall have to be approved.
6) Other provisions of the sealed quotation shall be as prescribed.
Public Procurement Act 2063

Chapter 5 Other Provision Relating to Procurement

Section 41: Provision for Direct Procurement
1) Notwithstanding anything contained elsewhere in this Act, goods or consultancy services or other services may be directly procured or construction work may be caused to be carried out directly in the following conditions:
(a) Low-value procurement valuing up to the prescribed amount,
(b) If only one supplier, construction entrepreneur, consultant, or service provider has technical efficiency or capacity to fulfil the procurement requirement,
(c) If only one supplier has the exclusive right to supply the goods to be procured and no other appropriate alternative is available,
(d) If additional goods or services of proprietary nature within the prescribed limit is to be procured from the existing supplier or consultant or service provider after it has been proved that if the existing supplier or consultant or service provider is changed to replace or extend existing goods or services or the spare parts of the installed machine the goods or services existing in the Public Entity cannot be replaced or changed,
(d1) If a public body has to make any purchase from another public body,
(d2) If goods or services have to be purchased from an international intergovernmental organisation at the rate specified by that organisation,
(d3) If purchases have to be made under special circumstances,
(e) If the most necessary construction works, goods, consultancy services or other services within the limit as prescribed but not included in the initial contract due to failure to foresee and difficult to be completed by separating from the initial contract due to technical or financial reasons, are to be procured.
(f) If the service of a particular consultant with his unique qualifications is immediately needed for the work concerned, or where the service of the same consultant is indispensable.
2) Notwithstanding anything contained elsewhere in this Section, procurement to be made pursuant to clause (b), (e) and (f) shall be made in the case of the Public Entity under sub-clause (1) of clause (b) of Section 2 as per the decision of Government of Nepal, Council of Ministers, on recommendation of the following committee and in the case of other Public Entity as per the decision of the supreme executive body of that entity:
(a)
Chief Secretary, Government of Nepal
Coordination
(b)
Secretary, Ministry of Finance
Member
(c)
Secretary, Concerned Ministry
Member
(d)
Financial Comptroller General
Member
(e)
1
.
1
….
3) For the direct procurement pursuant to Sub-section (1), the Public Entity shall invite written rate or proposal from only one supplier or construction entrepreneur or consultant or service provider after preparing a written description as prescribed of the special matter concerning its requirements and quality, quantity, terms and conditions and time of supply and may procure by holding negotiations according to necessity.
Provided that such procurement shall be made only after obtaining prior approval where approval is required under this Act, and by concluding a contract.
1 Removed by the First Amendment.
Public Procurement Act 2063

Chapter 5 Other Provision Relating to Procurement

Section 42: Special Provision Relating to Ration Procurement
1) Notwithstanding anything contained elsewhere in this Act, the Public Entity in procuring a ration shall have to apply the procedure as prescribed in the following matters:
(a) Cost estimate and approval thereof,
(b) Price-escalation,
(c) Bidder’s eligibility,
(d) Bid security,
(e) Submission of bid, and
(f) Other matter as prescribed.
2) Procedures other than those mentioned in sub-section (1) shall be as provided for in this Act.

Public Procurement Act 2063

Chapter 5 Other Provision Relating to Procurement

Section 43: Provision Relating to Renting House and Land and Obtaining Service on Contract
Notwithstanding anything contained elsewhere in this Act, the Public Entity may take house and land on rent or obtain the prescribed services on contract in compliance with the prescribed procedure.

Public Procurement Act 2063

Chapter 5 Other Provision Relating to Procurement

Section 44: Construction Works May be Caused to be Carried Out by the Users Committee or Beneficiary Community
If economy, quality or sustainability is increased in having a construction work carried out or obtaining services related thereto from the users committee or beneficiary community or if the main objective of the project is to create employment and to have the beneficiary community involved, such work may be caused to be carried by or such service may be obtained from a users’ committee or beneficiary community by fulfilling the procedure as prescribed.

Public Procurement Act 2063

Chapter 5 Other Provision Relating to Procurement

Section 45: Works May be Done or Cause to be Done by Force Account
1) Such work as repair and maintenance of ordinary nature, regular petty work or sanitation may be done by force account or caused to be done by a users’ committee.
2) The procedure to be applied for carrying out or causing to be carried out the work pursuant to sub-section (1) shall be as prescribed.

Public Procurement Act 2063

Chapter 5 Other Provision Relating to Procurement

Section 46: Work May be Caused to be Carried Out by Non-Governmental Organisation
If promptness, effectiveness and economy are achieved in having works such as public awareness training, orientation, empowerment, and mainstreaming carried out by a non-governmental organisation, the Public Entity may have such work carried out or obtain such services from a non-governmental organisation by application of the process as prescribed.
Public Procurement Act 2063

Chapter 6 Provision Relating to Review of Procurement Proceedings or Decision

Section 47: Application May be Filed Before the Chief of Public Entity
1) A bidder or proponent may file an application before the chief of the concerned Public Entity for review against any error or decision made by the Public Entity stating the cause for the damage the bidder will suffer or is likely to suffer from the mistake or breach of the duty, imposed on the Public Entity in carrying out the procurement proceedings or making decision.
2) The application to be filed pursuant to sub-section (1) shall be limited with respect only to the proceedings prior to entry into force of the procurement contract.
3) The application under sub-section (1) shall have to be filed within the period specified, if any, in this Act for making application and, if not so specified, within seven days from the date of the bidder or proponent having become aware of that the Public Entity has made an error or has dis-honored the duty relating to the procurement proceedings.
4) In the application under sub-section (1), the applicant shall have to state clearly the commission or omission of an act by the Public Entity that led to such error or breach of duty and the provision of this Act, Regulations, or guidelines made thereunder that have been contravened by such a decision.
5) An application for review received after the expiry of the period under sub-section (3) shall not be processed.
6) If, from the inquiry made in respect of the application received pursuant to sub-section (1), an error is found in the procurement proceedings or the Public Entity is found to have breached its duty or such decision is found to be contrary to law, the chief of the Public Entity shall suspend the procurement proceedings and make a decision with reason in writing within five days of receipt of such application.
7) The decision under sub-section (6) shall also state how the procurement proceedings shall proceed.
8) If the application under sub-section (1) is in respect of the procurement proceedings of an amount below the prescribed one, no application can be submitted before the Review Committee for review against the decision made by the chief of the Public Entity pursuant to sub-section (6).