The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED 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 110
and value of Contracts awarded, the methods of Procurement used and for each method, the type of Procurement undertaken (i.e. Goods, Works, or Services), and the nationality of the successful Supplier, Contractor or Consultant (i.e. Bangladesh or foreign national); (ii) a summary of Procurement Post Reviews carried out during the previous financial year by Procuring Entities and by the CPTU in accordance with Section 24 of the Act and Rule 45; (iii) statistics on training and other capacity development activities; (iv) summary of complaints filed and sent to the Review Panel and status of complaints; and (v) other activities of the CPTU. (f) for completion of each part of the Annual Report, it shall comply with the following durations - (i) three (3) months for the completion of the statistical report; (ii) five (5) months for the completion of the summary on Procurement Post Reviews; (iii) three (3) months for processing statistics on staffing and training and professional development of officials and Persons engaged in Public Procurement; and (iv) three (3) months for producing data on other CPTU activities. (g) request, receive and evaluate other information or records from Procuring Entities to the extent appropriate to its information needs; (h) develop a public Procurement website which shall be structured as follows - (i) useful Documents which will provide the text of the Act, the Rules, procedures, the user guides and any new Document or instructions issued by the Government concerning public Procurement, and links to relevant international Treaties/Agreements/Regulations involving e.g. the World Trade Organisation (WTO), World Bank (WB), Asian Development Bank (ADB), Asia Pacific Economic Co-operation (APEC) and Association of South-East Asian Nations (ASEAN); (ii) Public Procurement opportunities to which users should be able to gain easy access, advertisements of Annual Procurement Plans, Tender or Proposal notices and Contract award notices exceeding a threshold value determined by the Government for national and international Procurement opportunities; and (iii) The CPTU Website shall maintain information as follows - a. statistics, including the statistical report on Procurement conducted in Bangladesh; and b. technical standards, providing a list of technical standards for reference by Procuring Entities to help them define the product/Works/Services they intend to procure. (2) The CPTU shall publish concise bulletin relating to advertisements of Tenders or Proposals of values above the thresholds determined by the government on daily basis and bulletin relating to information on Procurement on quarterly basis. (3) Unless otherwise directed by its controlling authority, the CPTU shall not provide an opinion on any specific Procurement or Contract or get involved in any specific Procurement. (4) The CPTU’s management information system shall track information on procurement 111
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and value of Contracts awarded, the methods of <strong>Procurement</strong> used and for<br />
each method, the type of <strong>Procurement</strong> undertaken (i.e. Goods, Works, or<br />
Services), and the nationality of the successful Supplier, Contractor or<br />
Consultant (i.e. Bangladesh or foreign national);<br />
(ii) a summary of <strong>Procurement</strong> Post Reviews carried out during the previous<br />
financial year by Procuring Entities and by the CPTU in accordance with<br />
Section 24 of the Act and Rule 45;<br />
(iii) statistics on training and other capacity development activities;<br />
(iv) summary of complaints filed and sent to the Review Panel and status of<br />
complaints; and<br />
(v) other activities of the CPTU.<br />
(f) for completion of each part of the Annual Report, it shall comply with the<br />
following durations -<br />
(i) three (3) months for the completion of the statistical report;<br />
(ii) five (5) months for the completion of the summary on <strong>Procurement</strong> Post<br />
Reviews;<br />
(iii) three (3) months for processing statistics on staffing and training and<br />
professional development of officials and Persons engaged in <strong>Public</strong><br />
<strong>Procurement</strong>; and<br />
(iv) three (3) months for producing data on other CPTU activities.<br />
(g) request, receive and evaluate other information or records from Procuring<br />
Entities to the extent appropriate to its information needs;<br />
(h) develop a public <strong>Procurement</strong> website which shall be structured as follows -<br />
(i) useful Documents which will provide the text of the Act, the <strong>Rules</strong>,<br />
procedures, the user guides and any new Document or instructions issued<br />
by the Government concerning public <strong>Procurement</strong>, and links to relevant<br />
international Treaties/Agreements/Regulations involving e.g. the World<br />
Trade Organisation (WTO), World Bank (WB), Asian Development Bank<br />
(ADB), Asia Pacific Economic Co-operation (APEC) and Association of<br />
South-East Asian Nations (ASEAN);<br />
(ii) <strong>Public</strong> <strong>Procurement</strong> opportunities to which users should be able to gain<br />
easy access, advertisements of Annual <strong>Procurement</strong> Plans, Tender or<br />
Proposal notices and Contract award notices exceeding a threshold value<br />
determined by the Government for national and international <strong>Procurement</strong><br />
opportunities; and<br />
(iii) <strong>The</strong> CPTU Website shall maintain information as follows -<br />
a. statistics, including the statistical report on <strong>Procurement</strong> conducted in<br />
Bangladesh; and<br />
b. technical standards, providing a list of technical standards for<br />
reference by Procuring Entities to help them define the<br />
product/Works/Services they intend to procure.<br />
(2) <strong>The</strong> CPTU shall publish concise bulletin relating to advertisements of Tenders or<br />
Proposals of values above the thresholds determined by the government on daily basis and<br />
bulletin relating to information on <strong>Procurement</strong> on quarterly basis.<br />
(3) Unless otherwise directed by its controlling authority, the CPTU shall not provide an<br />
opinion on any specific <strong>Procurement</strong> or Contract or get involved in any specific <strong>Procurement</strong>.<br />
(4) <strong>The</strong> CPTU’s management information system shall track information on procurement<br />
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