Public Procurement Act, 2007

Institution operating with loan or grant from the Government of Nepal or Provincial Government, and

(7) Amended by Some Nepal Acts Amendment to Make Conform to the Constitution of Nepal Act, 2075. Other institution specified as a public entity by the Government of Nepal or Provincial Government by publishing a notice in the Nepal Gazette.

(c) "Goods" means any kind of movable or immovable, Added by the First Amendment. animate or inanimate object, and the term shall also include ancillary services for the supply of such object.

(d) "Construction Work" means work related to constructing, reconstructing, demolishing, maintaining or renovating any structure or thing, including site preparation, excavation, erection, building, installing equipment or goods, finishing, etc., and the term shall also include ancillary services of construction work such as mapping, laboratory testing, satellite photography, seismic testing.

(e) "Consultancy Service" means any study, research, survey, design, drawing, supervision, training, testing work, software development or other intellectual or professional services of a similar nature.

(f) "Other Service" means hiring vehicles, equipment or goods, transportation, or maintenance of goods.

(g) "Bid" means a document, proposal or rate sheet submitted by a bidder in the format specified by the public entity, revealing the price, in response to a notice published by the public entity for procurement.

(h) "Bidder" means any person, firm, institution or company that submits or may submit a bid to participate in a procurement process.

(i) "Bidding Document" means a document prepared by the relevant public entity inviting bids for the bidder to fill in or prepare and submit a price or proposal or rate sheet, and the term shall also include instructions given to the bidder, specifications, maps, designs, terms of reference, schedule, evaluation criteria, bill of quantities, contract conditions and other similar documents.

(j) "Procurement Contract" means a contract relating to procurement made pursuant to Section 52 between a public entity and a supplier or construction entrepreneur or consultant or service provider.

(k) "Public Procurement Monitoring Office" means the Public Procurement Monitoring Office established pursuant to Section 64.

(l) "Authorized Officer" means an officer authorized to approve procurement related work pursuant to this Act or the rules made under this Act.

(m) "Security" means the security deposit money (retention money or earnest money) kept as a security until the completion of a task, and the term shall also include bid security, performance security, or money kept as security for any other reason requiring security.

(n) "Special Circumstance" means a situation created by natural or divine calamities such as drought, lack of rain, excessive rain, earthquake, flood, landslide, fire, and Added by the First Amendment. epidemic, or an emergency or unexpected special cause, and the term shall also include situations such as war or internal conflict.

(o) Amended by Some Nepal Acts Amendment Act, 2072 and commenced from 2074.02.08. "Local Level" means the Rural Municipality, Municipality or District Assembly formed pursuant to the prevailing law.

(p) "Joint Venture" means the act of two or more companies or firms coming together to carry out a work with joint or several liability.

(q) "Agent" means a person, firm or company that takes an agency of any domestic or foreign person, firm or company.

(r) "Appellate Authority" means, in the case of a government body, for the head of office, if there is a regional office, the head of that office, and if there is no regional office, the departmental head of the concerned department; for a regional head, the departmental head of the concerned department; for a departmental head, the secretary of the concerned ministry, secretariat or commission; for a secretary, the concerned line minister or minister of state; for the secretary or administrative head of a constitutional organ or body, the head of the concerned constitutional organ or body; and for other public entities, the head of the entity one level above the procuring entity, and if no such entity exists, the board of directors or similar body of such public entity.

(s) "Donor Agency" means any foreign country or international or foreign institution providing foreign assistance to the Government of Nepal in the form of loan or grant through bilateral or multilateral agreement.

(t) "Ration" means the commodities specified by the Government of Nepal in relation to food for the Nepal Army, Nepal Police, Armed Police Force, or government employees, hospital patients, prison inmates, and animals/birds etc. as specified by the Government of Nepal.

(u) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(v) Added by Some Nepal Acts Amendment Act, 2082. "Infrastructure Company" means the Nepal Infrastructure Construction Company Limited established under the full ownership of the Government of Nepal pursuant to the prevailing Nepal law.