The Public Procurement Rules 2008 - LGED

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(41) "Provisional sums" means amounts of money specified by the Procuring Entity in the Bill of Quantities which shall be used, at its discretion, for payments to nominated Subcontractors and other purposes detailed in the Tender Documents; (42) "Public funds" means any funds allocated to a Procuring Entity under Government budget, or loan, grants and credits placed at the disposal of a Procuring Entity through the Government by the development partners or foreign states or organisations (43) "Public Procurement” means Procurement using public funds; (44) “Quality” means quality of Goods, Works or Services; (45) "Quotation" means the priced offer in writing received from Tenderers for the Procurement of readily available standardised Goods, Works or physical Services subject to the threshold value as prescribed by these Rules; (46) "Related Services" means Services linked to the supply of Goods contracts; (47) "Responsive" means qualified for consideration on the basis of evaluation criteria so declared and specified in the Tender Document or in the request for Proposal Document; (48) "Review Panel" means a panel comprised of specialists to review complaints submitted by a Person; (49) "Schedule" means a schedule appended to these Rules; (50) ‘Secondary place" “means the other place(s), designated by the Procuring Entity in exceptional cases, where Tenders can be dropped but not opened; (51) "Services" means goods related Services, physical Services, or intellectual and professional Services; (52) "Short-list" means a list of Applicants deemed suitable to be invited to submit Proposals for intellectual and professional Services following the evaluation of Expressions of Interest; (53) "Subconsultant" means any person or entity to whom/which the Consultants subcontract any part of the Services; (54) "Subcontractor" is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract, which includes work on the Site; (55) "Supplier" means a Person under contract with a Procuring Entity for the supply of Goods and related Services under the Act; (56) "Tender or Proposal", depending on the context, means a Tender or a Proposal submitted by a Tenderer or a Consultant for delivery of Goods, Works or Services to a Procuring Entity in response to an Invitation for Tender or a Request for Proposal; and for the purposes of the Act, Tender also includes quotation; (57) "Tender Document or Request for Proposal Document", means the Document provided by a Procuring Entity to a Tenderer or a Consultant as a basis for preparation of its Tender or Proposal; (58) "Tenderer" means a Person who submits a Tender; (59) "Works" means all Works associated with the construction, reconstruction, site preparation, demolition, repair, maintenance or renovation of railways, roads, highways or a building, an infrastructure or structure or an installation or any construction work relating to excavation, installation of equipment and materials, decoration, as well as physical Services ancillary to Works, if the value of those Services does not exceed that of the Works themselves. 12
3. Scope and Application of the Rules |— (1) These Rules shall apply to the following areas namely - (a) (b) (c) (d) Procurement of Goods Works or Services by any procuring entity using public funds; Procurement of Goods, Works or Services by any government, semi-government or any statutory body established under any law; Procurement of Goods, Works or Services using public funds by -a company registered under the Companies Act, 1994 (Act No. 18 of 1994); Procurement of Goods, Works or Services under a loan, credit or grant agreement or under any other agreement with a development partner or with a foreign state or an organisation, provided that if there is anything to the contrary in any such agreement entered into, the provision of that agreement shall prevail. 13
Page 1 and 2: GOVERNMENT OF THE PEOPLE’S REPUBL
Page 3 and 4: 33. Rejection of all Tenders, Propo
Page 5 and 6: PART - 1 ..........................
Page 7 and 8: LIST OF ABBREVIATIONS ADB - Asian D
Page 9 and 10: The Government of the People's Repu
Page 11: (26) "Framework Contract" means a c
Page 15 and 16: (a) the description of the Works an
Page 17 and 18: Provisional Sums for payments to no
Page 19 and 20: “I (name of the Evaluation Commit
Page 21 and 22: 12. Approval of Delegated Procureme
Page 23 and 24: (j) (k) capacity of beneficiary sto
Page 25 and 26: 18. Competition in Procurement |—
Page 27 and 28: specified in Schedule II, except un
Page 29 and 30: PART - 3 PREPARATION OF SPECIFICATI
Page 31 and 32: 32. Safe Custody of Received Tender
Page 33 and 34: (b) Entity for necessary action; (i
Page 35 and 36: 37. Publication of Notification of
Page 37 and 38: (15) The Procuring Entity shall pro
Page 39 and 40: (b) The Procuring Entity shall dedu
Page 41 and 42: (2) The Procurement record shall be
Page 43 and 44: PART- 9 QUALIFICATION OF PERSONS 47
Page 45 and 46: or trade organizations registered i
Page 47 and 48: (6) The Procuring Entity, for its s
Page 49 and 50: for Proposal Document. (7) If there
Page 51 and 52: (a) in the case of invitations for
Page 53 and 54: stage, then the Person has the righ
Page 55 and 56: (3) Unless it dismisses the complai
Page 57 and 58: PART - 2 NATIONAL PROCUREMENT:- LIM
Page 59 and 60: consideration. (3) The Evaluation C
Page 61 and 62: (5) Procuring Entities shall use th
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estricted to the circumstances spec
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(a) contract values must not exceed
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81. Use of Direct Cash Purchase. |
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Tender in a combination of local an
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(4) Framework Contracts may take se
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CHAPTER FIVE PROCESSING OF PROCUREM
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(b) the response to a clarification
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PART 3 PROCESSING OF TENDERS 94. Is
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Entity, that officer on request fro
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Tender Documents. (3) The TEC shall
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up the average prices offered by ot
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(27) If, after completing a Tender
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101. Approval Process. |— (1) The
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CHAPTER SIX PROCUREMENT OF INTELLEC
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the initial work shall not be exclu
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110. Procedures for Selection under
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autonomous and semi-autonomous bodi
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to make appropriate amendments to t
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esponsive Proposals and to make the
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such a programme; and (e) National
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(b) if his justification has convin
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(h) Proposed Contract price. (4) A
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CHAPTER SEVEN PROFESSIONAL MISCONDU
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Example 2 If an officer or a member
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and value of Contracts awarded, the
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Procurement Equipment (STD) [Applic
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RPP Rule # Procedures for Procureme
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payment exists . • Five percent (
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57 (1 ) Time for Administrative Rev
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71(4) 74(4) 76(1)(J) 76(1)(K) 77(a)
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elapsed. 95(6) 96(11)(a) 101(4) 102
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Approving Authority Approval Projec
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THE PUBLIC PROCUREMENT RULES, 2008
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SCHEDULE IV Part-A : [See Rule 16]
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Part-B : [See Rule 8(18)] Procureme
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Part-C : [See Rule 8(18)] Procureme
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Part-D : [See Rule 97(4)(C )] Steps
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SCHEDULE V Part-A : [ See Rule 16(8
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11 Advertising Tender Always show
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Ministry / Division Agency Procurin
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SCHEDULE VI [See Rule 37(1) and 126
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SCHEDULE VIII Part-A : [See Rule 43
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Part-B Records and Documents to be
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Part-B: [See Rule 112 (8)] General
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Part -C: [See Rule 112(8)] General
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Part-D : [See Rule 112(9)] Terms an
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Category of Consultant Conflicts Su
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Part-B : [See Rule 90 (5)] Invitati
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Part-D : [See Rule 90 (5)] Invitati
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Part-F : [See Rule 90(5)] Request f
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SCHEDULE XI Part-A : [ See Rule 96]
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(l) (m) (n) We, including as applic
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(q) (r) (s) (t) if our Tender is ac
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Part -C : [See Rule 96] Financial P
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SCHEDULE XII The Code of Ethics for
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of such interest to the public serv
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The Public Procurement Rules 2008 - LGED

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