The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED The Public Procurement Rules 2008 - LGED
(e) paragraph from the Ministry of Establishment and the concerned Ministry, Division or Government agency from where he/she went on lien. (x) shall not join in any other project other than the one to which he/she has been sent on lien without the prior permission of his/her head of the organisation. (xi) shall be liable to pay the amount of VAT deducted at source for consultancy service as per VAT Act and Rules. The period of lien if necessary, may be extended with the permission of the appropriate authority following standing rules and orders Government/ other organisation. (2) The conditions mentioned in sub paragraph (1) shall apply mutatis mutandis to an employee of a local authority. (3) Permission: (a) Subject to standing rules and orders concerned Ministry, Division or Government Agency may accord permission to an employee if the period of lien does not exceed three months provided that the concerned Ministry, Division or Government Agency shall intimate the fact of lien to the Ministry of Establishment, and if the officer belongs to a service to the Ministry or Division which is responsible for administration of the his/her service. (b) If the period of lien exceeds three months, permission of the Ministry of Establishment and, in case the employee concerned belongs to a service, permission to the Ministry or Division concerned shall be obtained. (c) Any employee of a local authority shall obtain permission for joining as local Consultant from the head of the concerned local authority. 152
Category of Consultant Conflicts Supply of goods and works whose specifications were prepared by the consultants Continuation assignments Conflicting assignments Related assignment other than continuation Related assignment for competing clients Related unnecessary assignments Example SCHEDULE IX Part-A : [See Rule 55 (1)] (Consultant Conflicts of Interest: Range of Possible Cases) Is the Consultant allowed to take part Risk for Client: Consultant may Mitigation of Risk Equipment, computers No Favor its associates Disqualification of consultant and affiliates Detailed design after feasibility study Environmental audit of consultants’ project design by the same consultants Restructured study of a public asset after preparing privatization plan Study of a project competingwith another client’s project Yes No Yes (permissible upon conditions) No (permissible upon conditions) Influence TOR, bias feasibility- study recommendations Apply partiality in assessing its own designs Unduly influence TOR of related assignment Advice to client(s) may be biased TOR of continuation drafted by third party who validates feasibility Disqualify the consultant Have third party draft TOR, or disqualify the consultant Disqualify the consultant, or both clients agree on scope of work Study of superfluous alternatives No “Featherbedding” * Disqualify the consultant Unrelated useful assignments Study of future projects Yes n.a n.a. Conflicting relationships Conflicting relationships A consultant’s staff has a family relationship with a client’s staff involved in the selection process The consultant includes a client employee in its technical proposal No (permissible upon conditions) No (permissible upon conditions) Be unduly favored in the proposal evaluation process Be unduly favored in the proposal evaluation process * Featherbedding is the practice of requiring an employer to hire more workers than needed to handle a job Exclude the client’s staff from the selection process, or disqualify the consultant The consultant shall attach to its proposal a client’s certification stating that the involved client’s employee is on leave without pay 153
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(e)<br />
paragraph from the Ministry of Establishment and the concerned<br />
Ministry, Division or Government agency from where he/she went on<br />
lien.<br />
(x) shall not join in any other project other than the one to which he/she<br />
has been sent on lien without the prior permission of his/her head of<br />
the organisation.<br />
(xi) shall be liable to pay the amount of VAT deducted at source for<br />
consultancy service as per VAT Act and <strong>Rules</strong>.<br />
<strong>The</strong> period of lien if necessary, may be extended with the permission of the<br />
appropriate authority following standing rules and orders Government/ other<br />
organisation.<br />
(2) <strong>The</strong> conditions mentioned in sub paragraph (1) shall apply mutatis mutandis to an<br />
employee of a local authority.<br />
(3) Permission:<br />
(a) Subject to standing rules and orders concerned Ministry, Division or<br />
Government Agency may accord permission to an employee if the period of<br />
lien does not exceed three months provided that the concerned Ministry,<br />
Division or Government Agency shall intimate the fact of lien to the Ministry of<br />
Establishment, and if the officer belongs to a service to the Ministry or<br />
Division which is responsible for administration of the his/her service.<br />
(b) If the period of lien exceeds three months, permission of the Ministry of<br />
Establishment and, in case the employee concerned belongs to a service,<br />
permission to the Ministry or Division concerned shall be obtained.<br />
(c) Any employee of a local authority shall obtain permission for joining as local<br />
Consultant from the head of the concerned local authority.<br />
152
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