The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED The Public Procurement Rules 2008 - LGED
(4) Not withstanding any thing contained in Sub-Rule (3), if a Procuring Entity does not posses adequate technical expertise for preparing generalized technical specifications to make the specifications fully understandable to Tenderers it can make a reference to a particular branded product, but in such case shall add the words “or similar or equivalent” to the specification. (5) Procuring Entities shall, where possible, prepare the specifications in close cooperation with the concerned user or beneficiary of the Goods or Works or Services, and follow, among others, the Standards approved or published by - (a) the International Organisation for Standardisation (ISO); (b) the International Electrotechnical Commission (IEC); and (c) Standards determined by Bangladesh Standard and Testing Institute (BSTI) or any other national or international institute. (6) Procuring Entities, in consultation with manufacturers,may standardize specifications for commonly used Goods, such as paper, office equipment and other consumables which are repetitively purchased, and publish them on their website. 30. P Developing Terms of Reference for Service|— The Terms of Reference (TOR) as detailed in Rule 116 for consultancy Services shall be prepared to assist Applicants in the preparation of Proposals. 31. Restrictions on the Disclosure of Information Relating to the Procurement Process. |— (1) Following the opening of Applications, Tenders, Quotations, Expression of Interests or Proposals until issuance of Notification of Award no Tenderer or Applicant shall, unless requested to provide clarification to its Application, Tender or Proposal or unless necessary for submission of a complaint, communicate with the concerned Procuring Entity. ,. (2) Tenderers or Applicants shall not seek to influence in anyway, the examination and evaluation of the Applications, Tenders, Expressions of Interest or Proposals. (3) Any effort by a Tenderer or an Applicant to influence a Procuring Entity in its decision concerning the evaluation of Tenders, Quotations, Applications, Expressions of Interest, Proposals or Contract awards may result in the rejection of its Tender, Application or Proposal, as well as further action in accordance with Section 64 (5) of the Act. 30
32. Safe Custody of Received Tenders, Etc. |— The Procuring Entity shall ensure the safe custody of the received Applications, Tenders, Quotationsor Proposals until they are handed over to the Chairperson of the Evaluation Committee, within the period specified in Schedule II , who will then be responsible for their safety. PART – 4 REJECTION OF TENDERS, PROPOSALS ETC 33. Rejection of all Tenders, Proposals or Quotations. |— (1) A Procuring Entity may, in the circumstances as described in Sub-Rule (2), reject all Tenders, Proposals or Quotations following recommendations of the Evaluation Committee only after the approval of such recommendations by the Head of the Procuring Entity. (2) All Tenders, Proposals or Quotations can be rejected, if - (a) the price of the lowest evaluated Tender or Quotation exceeds the official estimate, provided the estimate is realistic; or (b) there is evidence of lack of effective competition; such as non-participation by a number of potential Tenderers; or (c) the Tenderers are unable to propose completion of the delivery or Works within the stipulated time in its offer, though the stipulated time is reasonable and realistic; or (d) all Tenders, Quotations or Proposals are non-responsive; or (e) evidence of professional misconduct, affecting seriously the Procurement process, is established as per Chapter Seven; or (f) negotiations as per Rule 123 fails. (3) Notwithstanding anything contained in Sub-Rule 2(a) , rejection of Tenders or Quotations shall not be mandatory if the lowest evaluated price is in conformity with the market price. (4) The Procuring Entity shall carefully review such reasons before a decision is taken to reject all Tenders, Proposals or Quotations for reasons other than the failure of all responsive Tenderers or Applicants to post-qualify in accordance with the criteria.,. 34. Actions to be taken Following Rejection. |— (1) The Procuring Entity after rejecting all Tenders, Quotations or Proposals and before inviting new Tenders, Quotations or Proposals shall – (a) reassess the official estimate or budget or both, and (b) subsequently consider making revisions to the Conditions of Contract, design and specifications, scope of Contract or a combination of these factors. (2) If all Tenders, Quotations or Proposals are rejected on the ground(s) stated in Sub- Rule 33 (2)(b), then while inviting fresh Tenders, Quotations, Expressions of Interest or Proposals the Procuring Entity shall ensure that – (a) in the case of Notice Inviting Tenders or Request for Expressions of Interest, are advertised more widely nationally and depending upon value, internationally; and (b) in the case of Quotations, the Request for Quotations are issued to other Persons in addition to those who were earlier invited, to submit Quotations. 31
- Page 1 and 2: GOVERNMENT OF THE PEOPLE’S REPUBL
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32. Safe Custody of Received Tenders, Etc. |— <strong>The</strong> Procuring Entity shall ensure the<br />
safe custody of the received Applications, Tenders, Quotationsor Proposals until they are handed<br />
over to the Chairperson of the Evaluation Committee, within the period specified in Schedule II ,<br />
who will then be responsible for their safety.<br />
PART – 4<br />
REJECTION OF TENDERS, PROPOSALS ETC<br />
33. Rejection of all Tenders, Proposals or Quotations. |— (1) A Procuring Entity may,<br />
in the circumstances as described in Sub-Rule (2), reject all Tenders, Proposals or Quotations<br />
following recommendations of the Evaluation Committee only after the approval of such<br />
recommendations by the Head of the Procuring Entity.<br />
(2) All Tenders, Proposals or Quotations can be rejected, if -<br />
(a) the price of the lowest evaluated Tender or Quotation exceeds the official<br />
estimate, provided the estimate is realistic; or<br />
(b) there is evidence of lack of effective competition; such as non-participation by a<br />
number of potential Tenderers; or<br />
(c) the Tenderers are unable to propose completion of the delivery or Works<br />
within the stipulated time in its offer, though the stipulated time is reasonable<br />
and realistic; or<br />
(d) all Tenders, Quotations or Proposals are non-responsive; or<br />
(e) evidence of professional misconduct, affecting seriously the <strong>Procurement</strong><br />
process, is established as per Chapter Seven; or<br />
(f) negotiations as per Rule 123 fails.<br />
(3) Notwithstanding anything contained in Sub-Rule 2(a) , rejection of Tenders or<br />
Quotations shall not be mandatory if the lowest evaluated price is in conformity with the market<br />
price.<br />
(4) <strong>The</strong> Procuring Entity shall carefully review such reasons before a decision is taken to<br />
reject all Tenders, Proposals or Quotations for reasons other than the failure of all responsive<br />
Tenderers or Applicants to post-qualify in accordance with the criteria.,.<br />
34. Actions to be taken Following Rejection. |— (1) <strong>The</strong> Procuring Entity after<br />
rejecting all Tenders, Quotations or Proposals and before inviting new Tenders, Quotations or<br />
Proposals shall –<br />
(a) reassess the official estimate or budget or both, and<br />
(b) subsequently consider making revisions to the Conditions of Contract, design<br />
and specifications, scope of Contract or a combination of these factors.<br />
(2) If all Tenders, Quotations or Proposals are rejected on the ground(s) stated in Sub-<br />
Rule 33 (2)(b), then while inviting fresh Tenders, Quotations, Expressions of Interest or<br />
Proposals the Procuring Entity shall ensure that –<br />
(a) in the case of Notice Inviting Tenders or Request for Expressions of Interest,<br />
are advertised more widely nationally and depending upon value, internationally;<br />
and<br />
(b) in the case of Quotations, the Request for Quotations are issued to other<br />
Persons in addition to those who were earlier invited, to submit Quotations.<br />
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