Public Procurement Act, 2007

65. Functions, duties and powers of the Public Procurement Monitoring Office: (1) In addition to the provisions elsewhere in this Act, the functions, duties and powers of the Public Procurement Monitoring Office shall be as follows:-
(a) to recommend to the Government of Nepal for improvements in procurement-related policies or prevailing laws,
Amended by the First Amendment.(b) to issue necessary directives, procedures and technical guidance on procurement methods such as turnkey, EPC, structural or unit rate contract, management contract,
(c) to prepare standard samples of bid documents (Standard Bidding Documents), pre-qualification documents (Standard Pre-qualification Documents), procurement contract documents (Standard Contract Documents), and request for proposals (Request for Proposal) that a public entity must use for conducting procurement proceedings,
(d) to collect statistics of procurement proceedings conducted or being conducted by a public entity, and Deleted by the First Amendment. monitor and examine or cause to be examined whether such proceedings are in accordance with this Act or the rules or directives made under this Act,
Added by the First Amendment.(d1) to conduct or cause to be conducted post-procurement review,
Added by the First Amendment.(d2) to prepare records of procurement-related qualification and experience of construction entrepreneurs, suppliers, consultants and service providers,
Added by the First Amendment.(d3) to issue electronic procurement directives,
(e) to provide advice and consultation if a public entity requests opinion or advice on any matter mentioned in this Act or the rules or directives made under this Act,
(f) to establish and operate a procurement-related website,
(g) to publish a bulletin to publicize this Act and the rules, directives, technical guidance made under this Act, and articles, materials related to public procurement, and other similar things,
(h) to prepare necessary procedures for coordination in procurement work and submit them to the Government of Nepal for approval,
(i) to arrange regular training programs for bidders or employees involved or to be involved in procurement work,
(j) to prepare necessary criteria for removal from the blacklist pursuant to section 63 and remove from the blacklist according to such criteria,
(k) to review and examine the construction, supply, consultancy service and other service systems to make the procurement arrangement effective, and regularly seek suggestions from service recipients or, as required, from international organizations and other foreign bodies,
(l) to prepare plans for domestic or foreign assistance necessary for systematizing and improving the procurement system, and act as a central body for coordinating such assistance,
Added by the First Amendment.(l1) to certify or cause to be certified procurement experts,
(m) to submit an annual report of procurement proceedings to the Government of Nepal, and
(n) to perform other prescribed functions.

(2) Notwithstanding anything written in subsection (1), the Public Procurement Monitoring Office shall not in any way engage in the procurement process of any other public entity except its own office, nor resolve any dispute arising in relation thereto.

(2a) If procurement proceedings conducted by a public entity are found to be contrary to this Act or the rules, procedures or directives made under this Act, the Public Procurement Monitoring Office may send a letter to the head of the public entity to correct the error found in such procurement proceedings and for action against the official involved in the procurement proceedings in accordance with the prevailing law, and if the head of the public entity himself/herself was involved in such procurement proceedings, the Office may send a letter to the concerned authority for attention.