The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
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CHAPTER EIGHT<br />
E-Government <strong>Procurement</strong><br />
128. E-Government <strong>Procurement</strong>. |— (1) For carrying out the purposes of the Act, any or<br />
all government procurement may be undertaken using electronic processing systems following the<br />
principles governing e-GP as prescribed by the Government.<br />
(2) In case of procurement following e-GP, should there be any conflict between the<br />
provisions of the e-GP rules and the provisions of these rules, then e-GP shall prevail.<br />
CHAPTER NINE<br />
MISCELLANEOUS<br />
129. Concession contracts – related provisions |—) (1) Notwithstanding anything<br />
contained in these <strong>Rules</strong>, the Government may, in accordance with Guidelines and model<br />
contract documents issued by it, enter into a concession contract with a Person for the provision<br />
and operation of public utilities and services incidental thereto through a Build Own Operate (BOO),<br />
Build Operate Transfer (BOT), Build Own Operate Transfer (BOOT) agreement or similar type of<br />
agreement with joint public and private financing or with entirely private financing .<br />
(2) <strong>The</strong> concessionaire or entrepreneur under the BOO/BOT/ BOOT or similar type of<br />
Contract shall normally be selected under Open Tendering, which may include several stages in<br />
order to arrive at the optimal combination of evaluation criteria, such as the cost and magnitude of<br />
the financing offered, the performance specifications of the facilities offered, the cost charged to<br />
the user or purchaser, other income generated by the facility, and the period of the facility’s<br />
depreciation.<br />
130. Responsibilities of the Government Regarding Monitoring, Etc. |— (1) <strong>The</strong><br />
Central <strong>Procurement</strong> Technical Unit (CPTU) of IMED shall, in addition to the responsibility<br />
described in Section 67 (a) of the Act, perform the following responsibility under Section 67 (b) and<br />
(c), namely -<br />
(a) propose any Amendment to the Act, <strong>Rules</strong> or other Documents which appears<br />
necessary in the light of international practices and experience gained in the<br />
course of the <strong>Public</strong> <strong>Procurement</strong> process in Bangladesh.<br />
(b) issue guidance and instructions regarding the interpretation and implementation<br />
of these <strong>Rules</strong> and other Documents issued by it and give, upon request from<br />
the concerned Procuring Entity or Tenderer , advice and assistance to Procuring<br />
Entities without, however, diminishing the responsibility of a Procuring Entity.<br />
(c) prepare and distribute standard Documents to be used in connection with public<br />
<strong>Procurement</strong>.<br />
(d) prepare and submit to the Government an Annual Report of the previous<br />
financial year regarding the overall functioning of the public <strong>Procurement</strong> system,<br />
including recommendations on measures to be taken by the Government to<br />
revise and improve <strong>Procurement</strong> practices and other measures to enhance the<br />
quality of <strong>Procurement</strong> work.<br />
(e) deliver the Annual Report within the period specified in Schedule I from the<br />
beginning of the current financial year, which shall contain -<br />
(i) statistics on <strong>Procurement</strong> undertaken during the year reporting the number<br />
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