Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

Section 14: Invitation to Bids
1) A notice for invitation to bids or prequalification proposals shall have to be published in a daily newspaper of national circulation, and, in the case of an international bid, it may also be published in any international communication media.
2) The notice as referred to in sub-section (1) shall be placed in the website of the concerned entity or that of the Public Procurement Monitoring Office, in the case of a central level Public Entity, and in the case of a district level Public Entity, such notice may be placed in the website of that body or that of the Public Procurement Monitoring Office.
3) A notice on invitation to bid or prequalification proposal shall contain the following matters:
(a) The name and address of the Public Entity inviting bids,
(b) The nature of and time limit for procurement work and the place of delivery of the goods to be supplied, the services to be delivered, and the construction work to be performed,
(c) If bid security is required, the amount and validity period thereof,
(d) Where bid security is required, the amount and validity period of the bid,
(e) The place, manner of obtaining the bidding documents or pre-qualification documents, and the fees charged therefor,
(f) The place, manner, and deadline for the submission or forwarding of the bidding documents or pre-qualification documents,
(g) The place, date and time for the opening of bids, and the matter that the bidders or their authorised agents shall be invited to attend the opening of the bid, and
(h) Other matters as prescribed.
4) In publishing a notice under sub-section (1), for invitation of national level bidding or pre-qualification proposals, a period of at least thirty days shall be given, and at least forty-five days shall be given in the case of a notice on invitation for international level bidding or pre-qualification proposals.
5) While stating the place from which the bidding documents or prequalification documents can be obtained pursuant to clause (e) of sub-section (3), provision shall have to be made for obtaining such documents from two or more public entities.
6) While stating the place for submitting or forwarding the bidding documents or pre-qualification documents pursuant to clause (f) of sub-section (3), provision shall be made that such documents shall be submitted or forwarded to only one Public Entity.
7) Where any Public Entity, bidder or proponent requests security for submitting or forwarding the bid or prequalification proposal pursuant to sub-section (6), the District Administration Office concerned shall mandatorily make security arrangements immediately.
8) In making procurement through international-level bidding, the Public Entity may give domestic preference to Nepalese entrepreneurs and businesspersons as prescribed. Where domestic preference is to be given, this matter shall be set forth in the notice of invitation to bid and the bidding documents.
Provided that, in the case of procurement of construction work, preference may be given pursuant to sub-section (1) of Section 12 of the Construction Entrepreneur Act, 1958.
9) A foreign bidder, while submitting a bid, shall have to state whether he/she has appointed any agent in the State of Nepal or not.
10) Where an agent is appointed pursuant to sub-section (9), the details as prescribed in relation to the agent shall also be set forth in the bid.
11) Notwithstanding anything contained elsewhere in this Section, where a foreign bidder enters into a joint venture with a domestic construction entrepreneur, in the case of procurement of public construction work, preference may be given to such a foreign bidder.