The Public Procurement Rules 2008 - LGED

CHAPTER EIGHT
E-Government Procurement
128. E-Government Procurement. |— (1) For carrying out the purposes of the Act, any or
all government procurement may be undertaken using electronic processing systems following the
principles governing e-GP as prescribed by the Government.
(2) In case of procurement following e-GP, should there be any conflict between the
provisions of the e-GP rules and the provisions of these rules, then e-GP shall prevail.
CHAPTER NINE
MISCELLANEOUS
129. Concession contracts – related provisions |—) (1) Notwithstanding anything
contained in these Rules, the Government may, in accordance with Guidelines and model
contract documents issued by it, enter into a concession contract with a Person for the provision
and operation of public utilities and services incidental thereto through a Build Own Operate (BOO),
Build Operate Transfer (BOT), Build Own Operate Transfer (BOOT) agreement or similar type of
agreement with joint public and private financing or with entirely private financing .
(2) The concessionaire or entrepreneur under the BOO/BOT/ BOOT or similar type of
Contract shall normally be selected under Open Tendering, which may include several stages in
order to arrive at the optimal combination of evaluation criteria, such as the cost and magnitude of
the financing offered, the performance specifications of the facilities offered, the cost charged to
the user or purchaser, other income generated by the facility, and the period of the facility’s
depreciation.
130. Responsibilities of the Government Regarding Monitoring, Etc. |— (1) The
Central Procurement Technical Unit (CPTU) of IMED shall, in addition to the responsibility
described in Section 67 (a) of the Act, perform the following responsibility under Section 67 (b) and
(c), namely -
(a) propose any Amendment to the Act, Rules or other Documents which appears
necessary in the light of international practices and experience gained in the
course of the Public Procurement process in Bangladesh.
(b) issue guidance and instructions regarding the interpretation and implementation
of these Rules and other Documents issued by it and give, upon request from
the concerned Procuring Entity or Tenderer , advice and assistance to Procuring
Entities without, however, diminishing the responsibility of a Procuring Entity.
(c) prepare and distribute standard Documents to be used in connection with public
Procurement.
(d) prepare and submit to the Government an Annual Report of the previous
financial year regarding the overall functioning of the public Procurement system,
including recommendations on measures to be taken by the Government to
revise and improve Procurement practices and other measures to enhance the
quality of Procurement work.
(e) deliver the Annual Report within the period specified in Schedule I from the
beginning of the current financial year, which shall contain -
(i) statistics on Procurement undertaken during the year reporting the number
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