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

Chapter 2 Provision Relating to Responsibility for Procurement and Procurement Methods

Section 8: Procurement Method to be Selected
1) A Public Entity, while procuring, shall have to procure by applying any of the following methods based on such conditions and purchase price as prescribed:
(a) For procurement of goods, construction works or other services:
(1) By inviting open bids at the international level,
(2) By inviting open bids at the national level,
(3) By inviting sealed quotations,
(4) By procuring directly,
(5) Through the participation of the users’ committee or the beneficiary group,
(6) Through the force account,
(7) By the lump sum method,
Explanation: For the purpose of this sub-section, “by lump sum method” means the method of submitting a bid by agreeing on the percentage of work to be done, less or more than the total quantity and cost estimate of each unit.
(8) By the method of purchasing at a rate determined by the manufacturer or authorised seller (catalogue shopping),
Explanation: For the purpose of this sub-section, “by the method of purchasing at a rate determined by the manufacturer or authorized seller (catalog shopping)” means the method of purchasing by holding a competition at the price determined by the company manufacturing a product based on the characteristics, quality and facilities of the product after making it public on the website or document (brochure) of the concerned company.
(9) Limited Tendering Procurement Method,
Explanation: For the purpose of this sub-section, “Limited Tendering Procurement Method” means a procurement method where there are only a limited number of producers, suppliers or service providers in the procurement of any goods, construction work or service, where such producers, suppliers or service providers are invited to compete only among such producers, suppliers or service providers.
(10) Buy-back Procurement Method,
Explanation: For the purpose of this sub-section, “Buy-back Procurement Method” means a method whereby goods or machinery or equipment which become unviable after a certain period of time, or which cannot be auctioned or stored or used in view of public health or the environment are returned to the relevant producer or supplier after being evaluated as prescribed.
(b) Procurement of consultancy service:
(1) By requesting competitive proposals,
(2) Through direct negotiations.
2) In making procurement pursuant to this Act and the rules framed under this Act, procurement shall not be so made in piecemeal as to limit competition.
3) The provisions relating to the procurement method referred to in sub-clauses (7), (8), (9) and (10) of clause (a) of sub-section (1) shall be as prescribed.

Public Procurement Act 2063

Chapter 2 Provision Relating to Responsibility for Procurement and Procurement Methods

Section 9: Procurement to be Made by Inviting Open Bid
Except as otherwise provided in this Act, a Public Entity making any procurement shall, to the extent possible, make by inviting open bids, and provide equal opportunity to qualified bidders to participate in such a procurement process without any discrimination.
Public Procurement Act 2063

Chapter 2 Provision Relating to Responsibility for Procurement and Procurement Methods

Section 10: Qualification of Bidder or Proponent
1) A bidder shall have to fulfil the following qualifications in order to obtain a procurement contract:-
(a) In the case of a bidder, the qualification criteria set forth in the bidding documents or, where pre-qualification proceedings have been conducted for procurement, the qualification criteria set forth in the pre-qualification documents, and
(b) In the case of a consultant, the qualification criteria are outlined in the documents relating to proposals.
2) In setting forth qualification criteria pursuant to sub-section (1) in the bidding documents or documents relating to proposals, professional and technical qualifications, equipment availability, past performance, after-sale service arrangements, availability of spare parts, legal capacity, financial resources and condition, punishment for having committed professional offenses and similar other criteria may be set forth.
3) In setting forth the criteria pursuant to sub-section (2), no provision can be so made as to allow only a particular class of construction entrepreneur, supplier, consultant or service provider to participate or to prevent any particular class of construction entrepreneur, supplier, consultant or service provider from participating in the procurement process.
4) Bids, pre-qualification proposals, and consultancy service proposals shall be evaluated only in accordance with the criteria set forth in the bidding documents, pre-qualification documents, and the documents relating to proposals, respectively. These criteria shall be equally applicable to all bidders or proponents without any discrimination.
5) Notwithstanding anything contained elsewhere in this Section, no qualification requirements shall be prescribed for the procurement of construction work, the cost estimate of which is less than six million rupees.
6) The Public Entity may disqualify a bidder or proponent at any time if it finds that the statement submitted by such bidder or proponent concerning the qualifications was factually false or substantially incomplete.
Provided that minor errors can be corrected by seeking information pertaining thereto from the concerned bidder or proponent.

Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 11: Process and Stage of Bidding
1) In making procurement by bidding, an invitation to bid can be made by the following process:
(a) Inviting open bids by determining prequalification,
(b) Inviting open bids without determining prequalification.
2) The open bid may be invited in a single stage or in two stages.
3) In making an invitation to bid on the conditions set forth in sub-section (1) of Section 28, it may be made in two stages.
Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 12: Pre-Qualification to be Determined
1) In order to procure such construction, work as determined by the Public Procurement Monitoring Office from time to time to be large and complex, or to procure goods of high value such as industrial plants or with a view to identify qualified bidders, the Public Entity shall, prior to making invitation to bids, prepare prequalification documents and publicly invite to proposals for the determination of pre-qualification.
2) Where the Public Entity considers it appropriate, it may also determine prequalification for other procurements.
3) The pre-qualification documents under sub-section (1) or (2) shall set forth the qualification criteria required for pre-qualification and the method for the preparation of the proposal and the manner for the submission of the proposal.
4) The Public Entity shall provide, as prescribed, the prequalification documents required to submit a proposal as referred to in sub-section (1) or (2) to all people, firms, companies and organisations that request such documents.
5) The selection of the qualified applicant shall be made on the basis of the qualification criteria set forth in sub-section (3). The Public Entity shall openly publish a list of the applicants so selected and send the same to all applicants.
6) If any applicant whose prequalification proposal is rejected requests the information on the reasons for the rejection of his or her proposal, within thirty days of the notice being given pursuant to sub-section (5), the Public Entity concerned shall have to provide such information to him or her.
7) Other provisions relating to the terms and conditions of pre-qualification and determination thereof shall be as prescribed.
Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 15: International Level Bidding
1) While making an invitation to bid pursuant to this Act, an international level bid shall be invited in any of the following conditions:
(a) Where the goods or construction works as requisitioned by a Public Entity are not available at a competitive price from more than one construction entrepreneur or supplier within the State of Nepal,
(b) Where no bid was submitted in response to an invitation to national level bidding for the procurement of goods, construction works, or other services, and the same has to be procured from abroad,
(c) Where, under an agreement entered into with a donor party, foreign goods or construction works have to be procured from a foreign assistance source,
(d) Where the Public Entity has certified that the goods or construction works, being of a complex and special nature, have to be procured through an international level bidding.
2) A notice on invitation to international bidding as referred to in this Section shall be published in the English language, and all bidding or prequalification documents shall have to be made available in the English language.
3) The notice referred to in sub-section (2) shall have to be placed on the website referred to in Sub-section (2) of Section 14.

Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 16: Clarification as to Unclear Matter on Bidding or Pre-Qualification Documents
1) Where any bidder, being unclear about any matter set forth in the bidding documents or the pre-qualification documents, requests, within the time period set out in such documents, for clarification, the Public Entity shall have to communicate the information of such matter to all bidders prior to the deadline for the submission of bids or prequalification proposals.
2) Where the Public Entity makes any alteration/modification in the information under sub-section (1) and the bidding documents or prequalification documents, it shall have to communicate information relating to such alteration/modification to all bidders that have participated in the procurement proceedings within a reasonable time so as to enable them to take such alteration/modification into account in submitting their bids or preparing their proposals for prequalification.
3) Where it is necessary to provide additional time for bidders for the act under sub-section (2), the Public Entity may extend the deadline for the submission of bids or prequalification proposals.

Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 17: Deadline for Submission of Bids or Pre-Qualification Proposals
The Public Entity shall have to so set the deadline for the submission of bids or pre-qualification proposals as not to be less than the period set forth in sub-section (4) of Section 14 and as to allow sufficient time for bidders to prepare or submit such bids or proposals.
Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 18: Method of Submission of Bids
1) A bid shall have to be submitted in the specified form, duly signed by the bidder himself /herself or his/her authorised agent, in a sealed envelope by the bidder himself/herself or through his or her authorised agent or by post or courier at such place and within the last date and time as specified for the submission of bids.
2) Bids received after the deadline under sub-section (1) shall not be processed, and such bids shall be returned unopened to the concerned bidder.
3) Notwithstanding anything contained in sub-sections (1) and (2), the method of submitting bids for procurement to be carried out using electronic means of communication shall be in accordance with the electronic procurement system approved by the Public Procurement Monitoring Office.

Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 19: Withdrawal and Modification of Bid
1) A bidder may, prior to expiry of the deadline for the submission of bids, make a sealed application for modification to or withdrawal of a bid that a bidder has once submitted.
2) Other provisions relating to the withdrawal or modification of a bid shall be as prescribed.

Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 20: Validity Period of Bid
1) The validity period of a bid shall be as specified in the bidding documents.
2) The period as referred to in sub-section (1) shall commence from the deadline for the submission of bids.
3) Notwithstanding anything contained in sub-section (1), the Public Entity may, if so required, extend the validity period of bids after the opening of bids, extend the validity period of bids as required, assigning the reasons for the same.
4) In extending the validity period of the bid pursuant to sub-section (3), the consent of the bidder concerned shall have to be obtained.
5) A bidder who agrees to extend the validity period of his/her/bid pursuant to sub-section (4) shall correspondingly extend the validity period of the bid security.
6) The bid security of the bidder not providing consent pursuant to sub-section (4) shall be returned.
Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 21: Bid Security
1) A bidder shall provide the prescribed bid security along with the bid.
2) The security furnished pursuant to sub-section (1) shall be forfeited under the following conditions:
(a) If the bidder requests modification or withdrawal of the bid during the validity period of the bid, after the deadline for the submission of bids,
(b) If the bidder refuses to accept the correction of arithmetical errors found in the bid,
(c) If the selected bidder fails to sign the procurement contract in accordance with the terms and conditions set forth in the bidding documents,
(d) Where the bidder fails to furnish the performance security as set forth in the bidding documents within the time for signing the procurement contract,
(e) If the bidder has changed the bid price or substantive matter of the bid while providing any information in response to clarification sought by the Public Entity pursuant to sub-section (4) of Section 23 in the course of examination of bids.
(f) If any act contrary to conduct as referred to in Section 62 is committed.
3) After the conclusion of a procurement contract under Section 52, the Public Entity shall return the bid security of the bidder who has signed the procurement contract and the bid security of those bidders whose bid security is not liable to forfeiture pursuant to sub-section (2).

Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 22: Opening of Bids
The Public Entity shall open bids as prescribed at the time and place specified in the bidding documents on the same day immediately after the deadline for bid submission has expired.
Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 24: Non-Procession of Bids
Bids having the following noncompliance shall not be processed:
(a) Where it is not sealed,
(b) Where it is not submitted within the time frame,
(c) The bids withdrawn pursuant to Section 19,
(d) If it is not in accordance with sub-section (2) of Section 23,
(e) The bids submitted by mutual collusion pursuant to sub-section (6) of Section 26,
(f) The bids cancelled pursuant to sub-section (7) of Section 23.

Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 25: Evaluation of Bids
1) All submitted bids other than those separated for non-procession pursuant to Section 24 shall be included for evaluation.
2) Where a bid is found containing minor deviations in matters such as the technical specifications, descriptions and characteristics, etc., so as not to reject the bid, the value of such deviations shall be quantified, to the extent possible, and included in the evaluation of bids pursuant to sub-section (1).
3) Where the value of minor deviations under sub-section (2) exceeds fifteen percent of the bid price of the bidder, such a bid shall be deemed to be substantially non-responsive and shall be excluded from evaluation.
Explanation: For the purposes of this Section, the words “minor deviations” mean such deviations that do not materially depart from the matters, such as the technical specifications and descriptions, as set forth in the bidding documents.
4) Where an invitation to bid has been made after determination of prequalification, the bids submitted by bidders other than the pre-qualified bidders shall be excluded from evaluation under sub-section (1).
5) Bid shall be evaluated in accordance with the criteria and methodology set forth in the bidding documents; and in carrying out such evaluation, the bid with the lowest bid price shall be determined by making a comparison of the evaluated price of every bid with the evaluated price of the other bids.
6) The qualifications of the bidder of the bid having the lowest bid price under sub-section (4) shall be verified in order to ascertain whether it conforms to the qualification criteria set forth in the bidding documents or not.
7) Where, on examination, the qualification of the bidder of the bid having the lowest bid price pursuant to sub-section (4) is in conformity with the qualification evaluation criteria set forth in the bidding documents under sub-section (5), such bid shall be the lowest evaluated substantively responsive bid. Where, on examination, the qualification of such bidder is found not to be in conformity with the qualification as evaluation criteria set forth in the bidding documents, such bid shall be excluded from evaluation; and the qualification of the next bidder having the next lowest bid price shall be examined on the same grounds respectively.
8) The evaluation committee shall prepare an evaluation report stating, inter alia, the criteria and methodology of evaluation of the lowest evaluated substantially responsive bid pursuant to sub-section (6) and submit the report to the Public Entity.
Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 26: Rejection of Bids or Cancellation of Procurement Proceedings
1) The Public Entity may, in the following circumstances, reject all bids or cancel the procurement proceedings:
(a) If none of the bids are substantially responsive pursuant to clause (d) of sub-section (2) of Section 23,
(b) If the bid price of the lowest evaluated substantially responsive bid is substantially above the cost estimate, or
(c) If requisitioned goods, construction works, consultancy services or other services are no longer required.
2) Notwithstanding anything contained in sub-section (1), no bid shall be rejected, or re-bidding shall be invited only for the reason that only a few bids are or only one bid is substantively responsive.
3) The Public Entity shall have to communicate to all the bidders a notice along with the reason for the rejection of bids or cancellation of the procurement proceedings pursuant to sub-section (1).
4) Where any bidder requests, within thirty days of the communication of notice pursuant to sub-section (3), for grounds for the rejection of all bids or rejection of the procurement proceedings, the Public Entity shall have to communicate such information to that bidder.
5) In making re-invitation to bid because of non-submission of any bid in response to an invitation to bid or cancellation of all bids or cancellation of the bid proceedings pursuant to sub-section (1), the modification shall also be carry out in the bidding documents, technical specifications, cost estimate and terms and conditions of procurement contract as per necessity by reviewing the reasons for such rejection of bids or cancellation of the bid proceedings.
6) Notwithstanding anything contained elsewhere in this Section, if it is proved that the bidder has submitted a bid by collusion among the bidders, such bid shall be rejected.
Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 27: Acceptance of Bid and Procurement Contract
1) The Public Entity shall select for acceptance only the lowest evaluated substantially responsive bid in accordance with Section 25.
2) Within seven days of the selection of the bid pursuant to sub-section (1), the Public Entity shall serve a notice of the intent to accept his or her bid to the concerned bidder. Information regarding the name, address of the bidder whose bid has been selected, and the price of the bid shall also be communicated to the other bidders.
3) If no bidder makes an application pursuant to Section 47 within a period of seven days of providing the notice under sub-section (2), the bid of the bidder selected in accordance with sub-section (1) shall be accepted and a notice shall be communicated to the bidder to furnish the performance security to conclude the procurement contract within fifteen days.
4) The bidder concerned shall have to furnish the performance security and sign the procurement contract under Section 52 within the period set forth in sub-section (3).
5) If the bidder fails to furnish the performance security and sign the procurement contract within the period under sub-section (3), the bid security of that bidder shall be forfeited, and the bid of the other immediately next lowest evaluated substantially responsive bidder shall be accepted and the procurement contract concluded.
6) If even the bidder under sub-section (5) fails to furnish the performance security and sign the procurement contract, the bid of the other immediately next lowest evaluated substantially responsive bidder, respectively, shall be accepted, and a notice shall be served to that bidder for concluding the procurement contract pursuant to this Section.
6A) The public body shall generally complete the work related to bid acceptance and procurement agreement within the bid validity period as per Section 20.
7) If, within thirty days of the communication of the notice as referred to in sub-section (2), any bidder whose bid has been rejected requests grounds for the rejection of its bid, the Public Entity shall have to communicate such information to that bidder.