chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
National Assembly Member Election Act, 2018

56. Vote Weight: The vote weight of a member of the Electoral College shall be as specified in Schedule-1. 57. Declaration of Election Result: (1) The Election Officer shall separately count the votes given by the members of the Provincial Assembly and the votes given by the Chairperson and Vice-Chairperson of the Rural Municipality and the Mayor and Deputy Mayor of the Municipality, and determine the total number of valid votes obtained by each candidate.

(2) The total votes obtained by each candidate as per sub-section (1), consisting of the votes of members of the Provincial Assembly and the votes of the Chairperson and Vice-Chairperson of the Rural Municipality and the Mayor and Deputy Mayor of the Municipality, multiplied by the vote weight determined pursuant to Section 56, shall be deemed to be the total votes received by each candidate.

(3) On the basis of the total votes determined pursuant to sub-section (2), the Election Officer shall declare the candidate securing the highest number of votes as the winner pursuant to Section 3, and publish the election result. 58. Decision by Lot in Case of Tie: If, after the completion of counting under this Act, the votes obtained by two or more candidates are equal and the elected candidate cannot be distinguished, the Election Officer shall decide by drawing lots among the candidates who have obtained an equal number of votes. The candidate selected by such lot shall be deemed to have received one additional vote. 59. Date of Election: The date on which the Election Officer publishes the election result pursuant to Section 57 shall be deemed to be the date of election of the concerned candidate. 60. Submission of Election Result: The Commission shall, within seven days of the declaration of the final election result, submit the entire result of such election to the President and publish the details of the elected candidate in the Nepal Gazette. Chapter 8
Miscellaneous

Amended by the Act to Amend Some Nepal Acts, 2075.61. By-election: If the office of a member becomes vacant for any reason while his or her term has more than six months remaining, the Commission shall, on a date fixed by the Government of Nepal within thirty-five days of the occurrence of the vacancy, fill such vacant office for the remaining term by a by-election held in accordance with this Act, as per Section 3. 62.
National Assembly Member Election Act, 2018

62. Provision Relating to Tender Ballot: (1) If any person has obtained a ballot paper or cast a vote in the name of another voter, and it appears from evidence produced by a person who subsequently comes to vote that such person is the genuine voter, the Presiding Officer shall give a tender ballot to such voter. Where a tender ballot is so given, after the voter has recorded his or her vote on such ballot paper, such ballot paper shall not be placed in the ballot box but shall be kept in a separate envelope kept for that purpose.

(2) The procedures for giving and keeping tender ballots and other related procedures under sub-section (1) shall be as prescribed.

(3) When counting votes under this Act, the tender ballots kept in the separate envelope under sub-section (1) shall not be counted at that time. If an election petition is filed and the court determines that the tender ballots are required for deciding such petition, the court may count such tender ballots as well. 63. Deposit to be Made: (1) A candidate must deposit a sum of ten thousand rupees in the office of the concerned Election Officer to be a candidate in the election.

(2) Notwithstanding anything contained in sub-section (1), in the case of a female, Dalit, minority community, or economically disadvantaged candidate, there shall be a fifty percent concession on such deposit amount. Explanation: For the purposes of this sub-section, "economically disadvantaged" means a person whose annual family income is less than fifty thousand rupees, as recommended by the concerned local level.

(3) Where more than one nomination paper is filed on behalf of the same candidate in an election, a deposit for only one nomination shall suffice.

(4) While making a deposit under sub-section (1), the candidate or party may deposit cash or submit a receipt of cash deposited in a bank. 64. Forfeiture of Deposit: (1) The deposit of a candidate who obtains less than ten percent of the total valid votes cast in the election shall be forfeited. Provided that this provision shall not apply in the case of a candidate who obtains less than ten percent of the valid votes and is elected.

(2) Except in cases where the deposit is forfeited under sub-section (1), the deposit of other candidates and persons whose nomination papers were not accepted or who withdrew their names shall be returned within ninety days from the date of declaration of the election result by the concerned person.

(3) If the deposit is not taken back within the period specified in sub-section (2), the amount of such deposit shall be deposited into the Consolidated Fund. 65.
National Assembly Member Election Act, 2018

65. Election Campaign Expenditure: (1) The limit on the amount a candidate may spend in an election shall be as prescribed by the Commission by publishing a notice in the Nepal Gazette.

(2) The candidate or his or her election agent shall keep a record of all expenses incurred during the election period in the prescribed format as prescribed. Explanation: For the purposes of this sub-section, "election period" means the period from the date of registration of the candidate's nomination paper to the date of declaration of the result of such election.

(3) The total expenditure incurred by any candidate in the election shall not exceed the expenditure limit prescribed under sub-section (1).

(4) The candidate or his or her agent shall submit the statement of election expenses under sub-section (2) to the office designated by the Commission within thirty days from the date of declaration of the election result. The office receiving such expense statement shall forward it to the Commission.

(5) A candidate who fails to submit the statement of election campaign expenditure within the prescribed time under this section shall be penalized by the Commission in accordance with the prevailing federal law relating to the Election Commission. 66. Confidentiality of Election Documents or Records: (1) Among the documents used in an election or records if voting was conducted through electronic devices, such documents or records as required for the purpose of counting shall be opened and inspected as necessary, and after the counting is completed, they shall be sealed and kept in the custody of the prescribed officer.

(2) The sealed counterfoils of ballot papers under sub-section (1), the voter list used in voting, and the sealed envelopes, bags, sacks, or records containing valid and invalid ballot papers may be opened and inspected only by a court in the course of a petition filed under the prevailing law.

(3) After having been opened and inspected under the order of the court as per sub-section (2), the court shall reseal such documents or records as they were. No authority or body other than the court shall have the right to open and inspect such sealed envelopes, bags, or sacks.

(4) The documents or records mentioned in this section shall be kept safely for three months from the date of final disposal of the case if a case is filed, or from the expiry of the period for filing a petition if no case is filed. 67.
National Assembly Member Election Act, 2018

67. Breach of Confidentiality Prohibited: (1) Except as authorized by law, no employee deployed for election-related work, candidate, election agent, polling agent, counting agent, or any other person shall tell, write, or in any manner disclose or publish the vote recorded by a voter on a ballot paper or any other matter related thereto that has come or may come to their knowledge.

(2) Notwithstanding anything contained in this Act or other prevailing law, in the course of any legal proceedings under this Act, no witness or person shall be asked for whom he or she voted or who voted for whom. 68. Oath: (1) A member shall take an oath in the format as per Schedule-2 before the person chairing the National Assembly before participating in a meeting of the National Assembly or any of its committees. Provided that a member under sub-article (5) of Article 92 of the Constitution shall take an oath before the President.

(2) If any member wishes to take an oath in his or her mother tongue spoken in Nepal, such member shall translate the content of the oath under sub-section (1) into his or her mother tongue and provide a copy of such translation to the Federal Parliament Secretariat at least three days before participating in the first meeting of the National Assembly or any of its committees.

(3) After taking an oath under this section, the member shall sign the copy of the oath taken and submit it to the person chairing the National Assembly.

(4) If any member takes an oath in his or her mother tongue spoken in Nepal, he or she shall sign the copies of the oath in the Nepali language of official business and in the other Nepali mother tongue and submit them to the person chairing the National Assembly.

(5) The Federal Parliament Secretariat shall keep a record of the oath taken by a member under this section. 69.
National Assembly Member Election Act, 2018

69. Power to Issue Orders and Give Directions: (1) In addition to matters specified in this Act and the Rules made under this Act, the Commission may, subject to this Act and the Rules made under this Act, issue necessary orders in relation to the election, and such orders shall be published in the Nepal Gazette.

(2) The Commission may give necessary directions to the employees deployed for election work for the conduct of elections.

(3) It shall be the duty of the Government of Nepal, Provincial Government, local level, government offices and bodies, government, semi-government and non-government organizations and bodies, political parties, candidates, their agents, persons who publicize election activities, and employees deployed for election work, among others, to comply with the orders and directions issued by the Commission under this section. 70. Power to Seek Assistance: (1) The Election Officer, Presiding Officer, or the monitoring team, observer, or any other official deployed by the Commission for election work may seek the assistance of any government or security agency in the course of election work.

(2) If assistance is requested under sub-section (1), it shall be the duty of all concerned to provide necessary assistance. 71. Power to Take Action: If any Election Officer acts contrary to the Constitution, law, directives, procedures, and directions given by the Commission, the Commission may cancel the appointment of such Election Officer and appoint another officer, or write to the concerned body for departmental action. 72. Power to Make Rules: The Commission may make necessary Rules for the implementation of this Act. 73. Power to Make and Implement Directives or Procedures: The Commission may, subject to this Act and the Rules made under this Act, make and implement necessary directives or procedures. 74. Repeal and Savings: (1) The National Assembly Member Election Ordinance, 2075 is hereby repealed.

(2) All acts and proceedings done under the National Assembly Member Election Ordinance, 2075 shall be deemed to have been done under this Act. Schedule-1

(Relating to Section 56)

Vote Weight of Members of Provincial Assembly and Chairperson and Vice-Chairperson of Rural Municipality and Mayor and Deputy Mayor of Municipality

1. Vote weight of a member of Provincial Assembly: -

Total population (as per the latest national census) ÷ 1000

Total number of Provincial Assembly members

Example: On the basis of the total population according to the census of 2068 B.S. 2,64,94,504 ÷ 1000

550

Vote weight determined: 48

2.
National Assembly Member Election Act, 2018

Vote weight of a member of Provincial Assembly: -

Total population (as per the latest national census) ÷ 1000

Total number of Provincial Assembly members

Example: On the basis of the total population according to the census of 2068 B.S. 2,64,94,504 ÷ 1000

550

Vote weight determined: 48

2. Vote weight of Chairperson and Vice-Chairperson of Rural Municipality and Mayor and Deputy Mayor of Municipality: -

Amended by the Act to Amend Some Nepal Acts, 2075.Total population (as per the latest national census) ÷ 1000

Total number of Rural Municipalities and Municipalities × 2

Example: On the basis of the total population according to the census of 2068 B.S. and the current number of Rural Municipalities and Municipalities

2,64,94,504 ÷ 1000

753 × 2

Vote weight determined: 18

Schedule-2

(Relating to sub-section (1) of Section 68)

Format of Oath

I, (full name of the concerned member) , do hereby solemnly affirm/swear in the name of God that, being completely loyal to the country and the people, and remaining fully faithful to the Constitution of Nepal which vests sovereignty and state authority in the Nepali people, I will discharge the duties of the office of member of the National Assembly sincerely, in accordance with the prevailing law, with the best interests of the country and the people, without fear, favor, prejudice, or ill will, and maintaining the confidentiality of the office. Date :-

Signature :-
Name, Surname :-
Public Procurement Act, 2007

Public Procurement Act, 2063

Certification and Publication Date
2063.09.30

Amending Acts

1. Some Nepal Acts Amendment Act, 2072 2072.11.13
2. Public Procurement (First Amendment) Act, 2073 2073.03.30
3. Some Nepal Acts Amendment to Make Conform to the Constitution of Nepal Act, 2075 2075.11.19
4. Some Nepal Acts Amendment Act, 2082 2082.04.14

Act No. 36 of the year 2063

An Act Made to Provide for Public Procurement

Preamble: Whereas, it is desirable to make the procedures, processes and decisions relating to public procurement more open, transparent, objective and reliable,

And whereas, it is desirable to make legal provisions relating to promoting competition, cleanliness, honesty, accountability and reliability in the public procurement process, achieving maximum return on public expenditure in a cost-effective and prudent manner, and enhancing the procurement management capacity of public entities when they carry out or cause to carry out construction works, or procure goods, consultancy services and other services, ensuring equal opportunity for producers, sellers, suppliers, construction entrepreneurs or service providers to participate in the public procurement process without discrimination, thereby guaranteeing good governance,

Now, therefore, this Act is enacted by the House of Representatives in the first year of the declaration of the House of Representatives, 2063. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Public Procurement Act, 2063".

(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Procurement" means the act of a public entity, in accordance with this Act, of obtaining any goods, consultancy services or other services, or carrying out or causing to carry out any construction work.

(b) "Public Entity" means the following entities:-

(1) Amended by Some Nepal Acts Amendment to Make Conform to the Constitution of Nepal Act, 2075. Constitutional organ or body, court, Amended by Some Nepal Acts Amendment to Make Conform to the Constitution of Nepal Act, 2075. ministry, secretariat, commission, department of the Government of Nepal or Provincial Government, or any other government body or office under them,

(2) Amended by Some Nepal Acts Amendment to Make Conform to the Constitution of Nepal Act, 2075. Corporation, company, bank or committee under full or majority ownership or control of the Government of Nepal or Provincial Government, or commission, corporation, authority, company, foundation, board, centre, council and other organised institutions of a similar nature established at the public level pursuant to the prevailing law or Amended by Some Nepal Acts Amendment to Make Conform to the Constitution of Nepal Act, 2075. formed by the Government of Nepal or Provincial Government,

(3) Amended by Some Nepal Acts Amendment to Make Conform to the Constitution of Nepal Act, 2075.
Public Procurement Act, 2007

3. Procurement to be Made in Accordance with this Act: (1) A public entity, when procuring, shall complete the procedures under this Act and make the procurement.

(1a) Added by the First Amendment. When an institution registered under the prevailing law makes procurement using government funds, it shall, to that extent, complete the procedures under this Act and make the procurement.

(2) Amended by the First Amendment. Any procurement made contrary to sub-sections (1) and (1a) shall be void and invalid. Chapter-2

Provisions Relating to Responsibility for Procurement Work and Procurement Methods

4. Description of Goods, Construction Work and Services to be Prepared: (1) A public entity shall, before procuring goods, construction work or services, prepare the specifications, plans, maps, designs, special requirements or other details relating thereto.

(2) When preparing the details pursuant to sub-section (1), they shall be prepared based on the relevant objective technical and quality characteristics of such goods, construction work or services, and the nature of the work.

(3) When preparing details pursuant to sub-sections (1) and (2), no specific brand, trademark, name, patent, design, type, origin or producer name shall be mentioned except where there is no other alternative to clearly understand the characteristics of the goods, construction work or services. Provided that, in case it is unavoidable to mention them, the words "or equivalent" may be mentioned after mentioning a specific brand, trademark, name, patent, design, type, origin or producer name.

(4) When mentioning details of technical or quality characteristics of goods, construction work or other services, or bases, references or terminology relating to testing, marking, packaging, labelling or conformity certificate in the bid or pre-qualification document, such details, bases, references or terminology shall not be mentioned in a manner that is unrelated to the work of such goods, construction work or other services, that would in any way hinder eligible bidders from participating in the procurement process, or that would limit competition without justification. 5. Cost Estimate to be Prepared: (1) A public entity shall prepare a cost estimate as prescribed for any procurement. Provided that Amended by the First Amendment. a cost estimate is not required for procurement up to one hundred thousand rupees, except in the case of construction work.

(2) A public entity shall keep the cost estimate prepared pursuant to sub-section (1) updated as prescribed. 5a.
Public Procurement Act, 2007

Provided that Amended by the First Amendment. a cost estimate is not required for procurement up to one hundred thousand rupees, except in the case of construction work.

(2) A public entity shall keep the cost estimate prepared pursuant to sub-section (1) updated as prescribed. 5a. To be Approved: Added by the First Amendment. (1) A public entity shall approve the details under Section 4 and the cost estimate under Section 5 as prescribed.

(2) If it is necessary to amend the design or cost estimate once approved, except when amendment is required due to special reasons as prescribed, and if such amendment causes a difference of more than twenty-five percent of the original cost figure, or if the procurement work is affected due to defective design or preparation of abnormal cost estimate, the official who prepared, checked or approved such design or cost estimate and the consultant involved in that work shall be liable for action under the prevailing law. 6. Procurement Plan to be Prepared: When a public entity procures goods, construction work or services exceeding the prescribed limit, it shall prepare a master procurement plan and an annual procurement plan as prescribed. 6a. List of Registered Suppliers/Contractors to be Prepared: Added by the First Amendment. (1) Each public entity shall, for procurement made under sub-section (6) of Section 30, clause (a) of sub-section (1) of Section 41, and Section 46, prepare separate lists based on the eligibility under sub-section (2) of Section 10, according to the nature of procurement, of suppliers, construction entrepreneurs, consultants, non-governmental organizations or service providers.

(2) If any supplier, construction entrepreneur, consultant, non-governmental organization or service provider desires to be included in the list under sub-section (1), they shall submit an application along with the prescribed documents to the concerned public entity.

(3) The responsibility for updating the list under sub-section (1) shall lie with the concerned public entity.

(4) For the purpose of sub-section (3), the concerned supplier, construction entrepreneur, consultant, non-governmental organization or service provider shall submit an application each year to the concerned entity to update the list.

(5) Other provisions relating to the list shall be as prescribed. 7.
Public Procurement Act, 2007

7. Responsibility for Procurement Work: Amended by the First Amendment. (1) The responsibility for carrying out or causing to carry out procurement related work by completing the procedures under this Act shall lie with the head of the concerned public entity.

(2) When the public entity carries out procurement related work pursuant to sub-section (1), it shall be done by an employee who possesses the qualification determined by the Public Procurement Monitoring Office and has knowledge of or has been trained in procurement work.

(3) A public entity shall, for doing the following work, based on the procurement workload and nature of work, Deleted by Some Nepal Acts Amendment Act, 2062. establish a separate division, section or unit and designate a procurement officer:-

(a) To prepare the procurement plan,

(b) To prepare pre-qualification documents, bidding documents and procurement contract documents as required, without substantially differing from the standard bidding document, standard pre-qualification document, and standard contract document prepared by the Public Procurement Monitoring Office, Deleted by Some Nepal Acts Amendment Act, 2062.

(c) To prepare proposal documents for consultancy services as required, without substantially differing from the standard request for proposal prepared by the Public Procurement Monitoring Office, Deleted by Some Nepal Acts Amendment Act, 2062.

(d) To publicly publish procurement related notices,

(e) To distribute pre-qualification documents, bidding documents or send proposal documents for consultancy services,

(f) To receive pre-qualification proposals, bids or proposals for consultancy services and keep them securely,

(g) To submit received pre-qualification proposals, bids or consultancy service proposals to the evaluation committee for evaluation and submit the evaluated bid for approval,

(h) To notify the acceptance of pre-qualification proposals, bids or consultancy service proposals,

(i) To take performance security and, after examining it, keep it securely,

(j) To test or cause to test the quality of procured goods, construction work or services,

(k) To provide information and documents requested by the Public Procurement Monitoring Office, and

(l) To do other prescribed work.

(4) While doing or causing to do the work under sub-section (3), Amended by the First Amendment. the official responsible for the procurement division, section or unit shall do so with the approval of the head of the concerned public entity.

(5) Added by the First Amendment. The duties, functions and powers of the head of the procurement division, section or unit established under sub-section (3) shall be as prescribed.

(6) Added by the First Amendment. It shall be the duty of the head of the concerned public entity to ensure the completion of work within the stipulated time by regularly supervising, monitoring and controlling the quality of implementation of the procurement contract made under this Act. 8.
Public Procurement Act, 2007

It shall be the duty of the head of the concerned public entity to ensure the completion of work within the stipulated time by regularly supervising, monitoring and controlling the quality of implementation of the procurement contract made under this Act. 8. Procurement Method to be Selected: (1) When a public entity makes procurement, it shall do so by adopting any one of the following methods based on the prescribed circumstances and procurement value:-

(a) For procurement of goods, construction work or other services:-

(1) By calling for international competitive bidding,

(2) By calling for national competitive bidding,

(3) By calling for sealed quotations,

(4) By direct procurement,

(5) By involving a consumer committee or beneficiary community,

(6) By auction.

(7) Added by the First Amendment. By lump sum rate method,

Explanation: For the purpose of this sub-clause, "by lump sum rate method" means the method of submitting a bid by committing at what percentage less or more than the total estimated cost and quantity of each unit the work will be done.

(8) Added by the First Amendment. By procurement at rates determined by the manufacturer or authorized dealer (catalogue shopping),

Explanation: For the purpose of this sub-clause, "procurement at rates determined by the manufacturer or authorized dealer (catalogue shopping)" means the procurement method where, after a company producing goods publicizes its sale price determined on the basis of product characteristics, quality and features on its website or document (brochure), competition is made with the price set by a company producing goods of a similar standard.

*(9) Added by the First Amendment. By limited tendering procurement method,

Explanation: For the purpose of this sub-clause, "limited tendering procurement method" means the procurement method where, if there are only a limited number of producers, suppliers or service providers for a particular procurement of goods, construction work or services, competition is conducted only among such producers, suppliers or service providers. Added by the First Amendment. (10) By buy-back method,

Explanation: For the purpose of this sub-clause, "buy-back method" means the method of taking new items by returning the old ones, where goods or machinery tools that become obsolete after a certain period or cannot be auctioned or stored or used from the perspective of public health or environment are evaluated as prescribed and returned to the respective producer or supplier to take new ones.

(b) For procurement of consultancy services:-

(1) By calling for competitive proposals,

(2) By direct negotiation.

(2) When procuring in accordance with this Act and the rules made under this Act, procurement shall not be made by splitting into fragments in a way that limits competition.
Public Procurement Act, 2007

Added by the First Amendment. (3) Provisions relating to the procurement methods under sub-clauses (7), (8), (9) and (10) of clause (a) of sub-section (1) shall be as prescribed. 9. Procurement to be Made by Open Competitive Bidding: Save as otherwise provided in this Act, a public entity shall, as far as possible, make procurement by calling for open competitive bidding and shall provide equal opportunity to eligible bidders to participate in such procurement process without discrimination. 10. Eligibility of Bidder or Proposer: (1) A bidder or proposer must fulfill the following eligibility criteria to obtain a procurement contract:-

(a) The criteria mentioned in the bidding document or, if pre-qualification proceedings have been conducted for the procurement, the criteria mentioned in the pre-qualification document, and

(b) The criteria mentioned in the proposal document for the proposer.

(2) When specifying eligibility criteria in the bidding document or proposal document pursuant to sub-section (1), criteria such as professional and technical qualification, availability of equipment, past performance record, provision for after-sales service, availability of spare parts, legal capacity, financial resources and condition, penalty for professional misconduct, and other similar bases may be mentioned.

(3) When specifying criteria pursuant to sub-section (2), no provision shall be made that only a particular class of construction entrepreneurs, suppliers, consultants or service providers may participate or that a particular class of construction entrepreneurs, suppliers, consultants or service providers may not participate.

(4) When evaluating bids, pre-qualification proposals and consultancy service proposals, evaluation shall be made only on the basis of the criteria mentioned in the bidding document, pre-qualification document and request for proposal document respectively, and such criteria shall apply equally to all bidders or proposers without any discrimination. Amended by the First Amendment. (5) Notwithstanding anything contained elsewhere in this section, eligibility criteria shall not be determined for the procurement of construction work with a cost estimate of less than two crore rupees, except for construction works specified as requiring eligibility by the public entity.

(6) If the information regarding eligibility submitted by a bidder or proposer is found to be factually false or substantially incomplete, the public entity may, at any time, declare such bidder or proposer ineligible. Provided that, in case of minor errors, the matter may be corrected by requesting information from the concerned bidder or proposer. Chapter-3

Provisions Relating to Bidding

11.
Public Procurement Act, 2007

Provided that, in case of minor errors, the matter may be corrected by requesting information from the concerned bidder or proposer. Chapter-3

Provisions Relating to Bidding

11. Bidding Process and Stages: (1) When procurement is to be made through bidding, bids may be invited by adopting the following process:-

(a) By calling for open bidding after pre-qualification,

(b) By calling for open bidding without pre-qualification.

(2) Bids invited openly may be invited in one or two stages.

(3) In the circumstances mentioned in sub-section (1) of Section 28, bids may be invited in two stages. 12. Pre-qualification to be Done: (1) For carrying out construction works or procuring high-value goods such as industrial plants, which the Public Procurement Monitoring Office determines from time to time as large and complex, or to identify eligible bidders, a public entity shall, before inviting bids, prepare pre-qualification documents and publicly invite submission of proposals for pre-qualification.

(2) If the public entity deems fit, it may also require pre-qualification for other procurements.

(3) The pre-qualification document under sub-section (1) or (2) shall mention the eligibility criteria required for pre-qualification and the method of preparing and submitting the proposal.

(4) A public entity shall provide the pre-qualification document required for submission of proposals under sub-section (1) or (2) as prescribed to all persons, firms, companies, institutions requesting such document.

(5) Selection of eligible applicants shall be made on the basis of the eligibility criteria mentioned in sub-section (3). The public entity shall publish the list of selected applicants publicly and send it to all applicants.

(6) If, within thirty days of the notice under sub-section (5), any applicant whose pre-qualification proposal was rejected requests information regarding the reason for rejection, the concerned public entity shall provide such information to that applicant.

(7) Other provisions relating to pre-qualification conditions and determination shall be as prescribed. 13.
Public Procurement Act, 2007

14. Invitation of Bids: (1) The notice inviting bids or pre-qualification proposals shall be published in a national daily newspaper, and in the case of international bidding, may also be published in international communication media.

(2) The notice under sub-section (1) shall, in the case of a central level public entity, be placed on the website of that entity or the Public Procurement Monitoring Office, and in the case of a district level public entity, may be placed on the website of that entity or the Public Procurement Monitoring Office.

(3) The notice inviting bids or pre-qualification proposals shall include the following matters:-

(a) Name and address of the public entity inviting bids,

(b) Nature of the procurement work and time limit, place for supply of goods, provision of services or construction work,

(c) If bid security is required, its amount and validity period,

(d) If bid security is required, the validity period of the bid,

(e) Place, method and fee for obtaining the bidding document or pre-qualification document,

(f) Place, method, last date and time for submitting or sending bids or pre-qualification proposals,

(g) Date, time, place for opening bids or pre-qualification proposals, and invitation to bidders or their authorized representatives at the time of opening, and

(h) Other matters as prescribed.

(4) When publishing the notice under sub-section (1), a period of at least thirty days shall be given for national level bids or pre-qualification proposals, and at least forty-five days for international level bids or pre-qualification proposals. Added by the First Amendment. (4a) Except in the case under sub-section (5) of Section 26, if no bid or pre-qualification proposal is received within the period given for submission under sub-section (4), or if received but not substantially responsive, necessitating a re-invitation of bids or pre-qualification proposals, the public entity may, as required, re-invite bids or pre-qualification proposals by giving a period of at least fifteen days for national level bids or pre-qualification proposals and at least twenty-one days for international level bids or pre-qualification proposals.
Public Procurement Act, 2007

Added by the First Amendment. (4b) If, even within the period given under sub-section (4a), no bid or pre-qualification proposal is received, or if received but not substantially responsive, and if not procuring immediately would cause harm or loss to the public entity or stall any work of that entity, the public entity may, stating the justification, re-invite bids by giving a period of up to seven days with the approval of the appellate authority for national level bids or pre-qualification proposals, or select any procurement method under Section 8 and procure in accordance with that method.

(5) When specifying the place for obtaining the bidding document or pre-qualification document under clause (e) of sub-section (3), provision shall be made for such document to be available at two or more public entities.

(6) When specifying the place for submitting or sending bids or pre-qualification proposals under clause (f) of sub-section (3), provision shall be made for submission or sending to only one public entity.

(7) If a public entity, bidder or proposer requests security for submitting or sending bids or pre-qualification proposals under sub-section (6), the concerned District Administration Office shall immediately arrange for the necessary security.

(8) In international bidding procurements, the public entity may give domestic preference to Nepali entrepreneurs and businesses as prescribed, and if such domestic preference is to be given, such fact shall be mentioned in the bid invitation notice and the bidding document. Amended by the First Amendment. Provided that, in the procurement of construction works through national level bidding, procurement may be made by allowing competition only among domestic bidders up to the prescribed cost estimate.

(9) A foreign bidder submitting a bid shall state whether or not it has appointed any agent in the State of Nepal.

(10) If an agent has been appointed under sub-section (9), the details as prescribed regarding the agent shall also be mentioned when submitting the bid.

(11) Notwithstanding anything contained elsewhere in this section, in the case of public construction work procurement, preference may be given to a foreign bidder if such foreign bidder forms a joint venture with a domestic construction entrepreneur. 15.
Public Procurement Act, 2007

15. International Level Bidding: (1) When inviting bids under this Act, international level bidding shall be invited in the following circumstances:-

(a) If goods or construction works meeting the public entity's requirement are not available from more than one construction entrepreneur or supplier within the State of Nepal at competitive prices,

(b) If no bid is received from national level bidding for procurement of goods, construction work or other services, and they need to be obtained from abroad,

(c) If foreign goods or construction works need to be procured from foreign aid sources as per the agreement with the donor agency,

(d) If the public entity certifies that due to the special and complex nature of the goods or construction works, procurement through international level bidding is necessary.

(2) The notice inviting international level bidding under this section shall be published in the English language, and all bidding or pre-qualification documents shall be made available in the English language.

(3) The notice under sub-section (2) shall be placed on the website under sub-section (2) of Section 14. 16. Clarification of Ambiguities in Bidding or Pre-qualification Documents: (1) If a bidder requests clarification regarding any matter mentioned in the bidding document or pre-qualification document within the time period specified in such document, the public entity shall provide clarification to all bidders before the expiry of the deadline for submitting bids or pre-qualification proposals.

(2) If the public entity has provided information under sub-section (1) or made any amendment to the bidding document or pre-qualification document, it shall provide information regarding such amendment to all bidders participating in the procurement process, allowing them sufficient time to consider the amendment when submitting their bids or preparing pre-qualification proposals.

(3) If additional time is required for bidders for the purpose of sub-section (2), the public entity may extend the deadline for submitting bids or pre-qualification proposals. 17. Deadline for Submission of Bids or Pre-qualification Proposals: When determining the last date and time for submitting bids or pre-qualification proposals, the public entity shall ensure that the period under Amended by the First Amendment. sub-section (4), (4a) or (4b) of Section 14 is not reduced and that bidders have sufficient time to prepare or submit such bids or proposals. 18.
Public Procurement Act, 2007

18. Manner of Submission of Bids: (1) Bids shall be submitted in the prescribed format, duly signed and sealed by the bidder or its authorized representative, and submitted by the bidder itself or through its representative or by post or courier to the place designated for bid submission within the last date and time for bid submission.

(2) Bids received after the period under sub-section (1) shall not be processed, and such bids shall be returned unopened to the respective bidder. Added by the First Amendment. (3) Notwithstanding anything contained in sub-sections (1) and (2), the manner of submitting bids for procurement using electronic communication means shall be according to the electronic procurement system approved by the Public Procurement Monitoring Office. 19. Withdrawal and Modification of Bids: Amended by the First Amendment. (1) Except for bids submitted through electronic communication means, if a bidder wishes to withdraw or modify a bid it has submitted, it shall submit a sealed application at least twenty-four hours before the expiry of the deadline for bid submission.

(2) Other provisions relating to withdrawal or modification of bids shall be as prescribed. 20. Period of Validity of Bids: (1) The period of validity of a bid shall be as mentioned in the bidding document.

(2) The calculation of the period under sub-section (1) shall commence from the last date of bid submission.

(3) Notwithstanding anything contained in sub-section (1), if after bid opening the public entity needs to extend the bid validity period, it may extend the bid validity period as necessary, stating the reason therefor.

(4) When extending the bid validity period under sub-section (3), the consent of the respective bidder shall be obtained.

(5) A bidder consenting to the extension of the bid validity period under sub-section (4) shall extend the validity of the bid security by the same period as the bid validity extension.

(6) The security of a bidder not giving consent under sub-section (4) shall be returned. 21. Bid Security: (1) A bidder shall submit security as prescribed along with

Added by the Some Nepal Acts Amendment Act, 2062.(1a) While deciding whether the bid amount of the lowest evaluated substantially responsive bid pursuant to clause (b) of sub-section (1) is substantially higher than the cost estimate or not, the public entity shall analyze the local market price at that time, the situation of price fluctuation of related goods and construction materials in the international market, the cost estimate, and the loss that may be incurred by the public entity if procurement is not made in time.
Public Procurement Act, 2007

Added by the Some Nepal Acts Amendment Act, 2062.(1b) If it appears necessary to proceed with re-procurement proceedings after analysis pursuant to sub-section (1a), assurance must be given that it shall not exceed the bid amount of such lowest evaluated bid.

(2) Notwithstanding anything contained in sub-section (1), bids shall not be rejected or re-invitation of bids shall not be made solely on the ground that some bids or only one bid is substantially responsive.

(3) The public entity shall give notice including the reason for rejection of bids or cancellation of procurement proceedings pursuant to sub-section (1) to all bidders.

(4) If any bidder requests information on the basis for rejection of all bids or cancellation of procurement proceedings within thirty days of the notice given pursuant to sub-section (3), the public entity shall provide such information to him/her.

(5) If no bid is received upon invitation of bids, or if all bids are rejected or procurement proceedings are cancelled pursuant to sub-section (1) and bids are re-invited, the reason for such rejection or cancellation of procurement proceedings shall be reviewed, and, if necessary, the bid documents, technical specifications, cost estimate, and terms of the procurement contract shall also be revised.

(6) Notwithstanding anything contained elsewhere in this section, if it is proved that any bidders have submitted bids in collusion with each other, such bids shall be cancelled. Added by the Some Nepal Acts Amendment Act, 2062.(7) If procurement proceedings are cancelled citing reasons other than those mentioned in this section, the concerned official shall be subject to departmental action in accordance with the prevailing law. 27. Acceptance of Bid and Procurement Contract: (1) The public entity shall select for acceptance only the lowest evaluated substantially responsive bid pursuant to section 25.

(2) Within seven days of the selection of a bid pursuant to sub-section (1), the public entity shall give a notice of intention to accept the bid to the concerned bidder. Information on the name, address, and amount of the bidder of the bid so selected shall also be given to other bidders.

(3) If no bidder files a petition pursuant to section 47 within seven days of giving notice pursuant to sub-section (2), the bid of the bidder selected pursuant to sub-section (1) shall be accepted, and he/she shall be given notice to submit the performance security within fifteen days to enter into a procurement contract.

(4) The concerned bidder shall, within the period under sub-section (3), submit the performance security and enter into a procurement contract pursuant to section 52.
Public Procurement Act, 2007

Added by the First Amendment.When submitting security in this manner, if the bidder has quoted an amount up to fifteen percent less than the cost estimate, five percent of the quoted amount shall be submitted; and if the bidder has quoted an amount more than fifteen percent less than the cost estimate, an amount equal to five percent of the quoted amount plus fifty percent of the amount by which the quotation is less than fifteen percent shall be submitted as performance security.

(5) If the bidder fails to submit the performance security and enter into a contract within the period under sub-section (3), the bid security of that bidder shall be forfeited, and the bid of the next lowest evaluated substantially responsive bidder immediately thereafter shall be accepted and a procurement contract entered into.

(6) If the bidder under sub-section (5) also fails to submit the performance security and enter into a procurement contract, the bid of the subsequent lowest evaluated substantially responsive bidder shall be accepted sequentially, and he/she shall be notified to enter into a procurement contract in accordance with this section. Added by the First Amendment.(6a) The public entity shall ordinarily complete the work related to bid acceptance and procurement contract within the validity period of the bid pursuant to section 20.

(7) If any bidder whose bid has been rejected requests information on the reason for rejection of his/her bid within thirty days of the notice given pursuant to sub-section (2), the concerned public entity shall provide such information to him/her. 28.