Public Procurement Act, 2007

13. Bidding Document to be Prepared: (1) A public entity shall, before inviting bids, prepare a bidding document.

(2) The bidding document under sub-section (1) shall include the following matters:-

(a) Nature of procurement, time period required for procurement, and technical specifications thereof,

(b) If bids are invited without pre-qualification, the eligibility criteria for bidders under Section 10,

(c) Information regarding site inspection if required,

(d) Information regarding any meeting to be held before bid submission,

(e) Instructions for preparing and submitting bids, place for bid submission, last date and time for bid submission, and date, time and place for bid opening,

(f) Price structure, currency or currencies that may be used for quoting, currency used for bid comparison and relevant exchange rate basis and its date,

(g) Basis and method for bid evaluation and selection of bidder,

(h) Provisions relating to preference for domestic goods and local construction entrepreneurs, if any,

(i) Groups and packages if procurement is to be made by forming separate groups and packages of goods or construction works, and the method of evaluating them,

(j) Method for evaluating alternative proposals, if alternative technical specifications are also requested,

(k) Details of the part or parts for which bids may be submitted only for a portion of the goods, construction work or services being procured,

(l) Period of validity of bid,

(m) Amount, type, acceptable format and validity period of security required for bid, performance or other necessary matters,

(n) If bid security is required, that the validity period of such security shall be thirty days longer than the bid validity period,

Added by the First Amendment. (n1) That if a bidder commits a price up to fifteen percent below the cost estimate, performance security shall be five percent of the committed amount, and if the bidder commits a price more than fifteen percent below the cost estimate, performance security shall be five percent of the committed amount plus fifty percent of the amount by which the committed price is below fifteen percent of the cost estimate,

Added by the First Amendment. (n2) The financial and technical details submitted by the bidder while bidding or contracting with any public entity,

Added by the First Amendment. (n3) If a bidder has entered into a contract with any public entity and commenced any work, details of such entity, description of work, contract amount and progress of work,

Added by the First Amendment. (n4) That, if work has commenced pursuant to clause (n3), the technical capacity of the bidder being utilized in any public entity as mentioned in the document referred to in clause (b) of sub-section (3) of Section 7 shall not be counted for further work to the extent required by such entity,

(o) Conditions of the procurement contract under Section 52 and the manner in which such contract shall be applied,

(p) Information regarding non-processing of bid in case of conflict of interest, or legal action in case of fraud or corruption,

(q) Provision for a bidder to submit a petition for review against an error or decision made by the public entity during the bidding process,

(r) That documents certifying technical capacity and the financial proposal (bid amount) must be submitted in the same envelope, and

(s) Matters determined by the Public Procurement Monitoring Office as required to be mentioned in the pre-qualification or bidding document.

(3) The public entity shall provide the bidding document, on payment of the prescribed fee, to persons, firms, institutions or companies requesting the bidding document in response to the bid invitation notice, and if pre-qualification is required to participate in the procurement process, to persons, firms, institutions or companies who have obtained pre-qualification and request such document.