The Public Procurement Rules 2008 - LGED

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1. Where the Approving Authority is at the level of the Head of a Procuring Entity or Chief Executive or a Project Director, Project Manager, or an Authorised Officer as per DoFP, the process described in Sub Rule 3(a) (1) (i) and (ii) shall be followed for the approval of and any other decision on , the Evaluation Report in accordance with Rule 11. 2. Where the Approving Authority is at the level of a Board of Directors, (i) the Evaluation Committee shall prepare a concise summary called the "Purchase Proposal'' and submit it along with the Evaluation Report, and the recommendations for award of Contract, but not the Tender or Proposal, in a sealed envelope, directly to the Head of the Procuring Entity or the Chief Executive; (ii) the Head of the Procuring Entity or the Chief Executive will forward it to the Board of Directors, Provided that if the Head of a Procuring Entity or the Chief Executive is the Chairperson of the Evaluation Committee, he or she will send the "Purchase Proposal" with the relevant Documents stated above directly to the Board of Directors; (iii) after approval of or having recorded any other decision on, in accordance with Rule 11, the "Purchase Proposal" submitted under Sub-Rule 4(ii) , the Board of Directors will return the "Purchase Proposal" to the Head of the Procuring Entity or the Chief Executive for necessary further action. 3. Where the Approving Authority is at the level of a Ministry, for approval of or having recorded any other decision on, in accordance with Rule 11,the "Purchase Proposal" the process described in Sub-Rule 3(a)(2) shall be followed. 4. Where the Recommending Authority is at the level of the CCGP, the process described in Sub-Rule 3 (a) (3) shall be followed for placing the "Purchase Proposal" for approval of that Committee, and the decision of the CCGP shall be communicated to the Procuring Entity through the same route following which the Purchase Proposal was sent . (4) Upon approval of the "Purchase Proposal" under Sub-Rule 3 (a) and (b) the Procuring Entity shall take the following actions in that respect – (a) issue Notification of Award (NOA) within the time specified in Schedule II after receipt of approval of the "Purchase Proposal" , provided that no complaint or appeal in regard to the Tender or Proposal under the Act and these Rules, is pending; (b) ensure confidentiality in regard to approval of the "Purchase Proposal" by all officers and staff concerned with the Procurement process either directly or indirectly. (5) Procuring Entities shall, for Procurement above the threshold specified in Schedule II , shall submit to the CPTU procurement related reports on quarterly basis indicating the time taken at each stage of the Procurement process stating reasons for delays if any. (6) Procuring Entities, Evaluation Committees and Approving Authorities shall, for performing activities, from the time of Tender opening to the issuance of the Notification of Award following time-limits specified in Part of Schedule III. (7) All the Procuring Entities shall, in the case of procurement processing and approval, use the check lists in Schedule IV. 34
37. Publication of Notification of Award of Contract. |—) (1) All Notification of Awards for procurement related Contracts above the threshold specified in Schedule II shall be notified in format as prescribed in Schedule VI to the Central Procurement Technical Unit for publication in their website, and that notice shall be kept posted for the period specified in Schedule II. (2) Notification of Award for Contracts below the threshold specified in in Schedule II , shall be published by the Procuring Entity on its Notice Board and where applicable on the website of the Procuring Entity and that notice shall be kept posted for the period specified in Schedule II (3) The standard format as specified in Schedule VII shall be used for issuance of Notification of Award. (4) Debriefing of Tenderers or Applicants by a Procuring Entity shall outline the relative status and weakness only of his or her Tender or Application requesting to be informed of the grounds for not accepting the Tender or Proposal submitted by him or her, without disclosing information about any other Tenderer or Applicant. (5) In the case of debriefing under Sub-Rule (4) confidentiality of the evaluation process shall be maintained. . PART – 6 CONTRACT ADMINISTRATION AND MANAGEMENT 38. Contract Administration and Management|—(1) The contract administration and management shall include all administrative, financial, managerial and technical tasks to be performed by the Procuring Entity from contract award until it is successfully concluded or terminated and, payment is made and disputes or claims under it resolved. (2) The Procurement Entity shall apply professional ethics for adopting the contract administration and management techniques to ascertain the proper implementation of the signed contracts in line with the agreed conditions covering delivery, payments, quality control, contract implementation , liquidated damages and other related issues. (3) The Procuring Entity shall ensure that Goods, Works or Services to be procured conform to the technical requirements set forth in the procurement Contract, and for such purpose, the Procuring Entity may establish inspection and testing facilities, form inspection teams, enter into arrangements for the joint or collective use of laboratories and inspection and testing facilities, and contract with others for inspection or testing work as needed. (4) The main elements of contract administration and management may include – (a) review and approval of the work plan; (b) monitoring periodically progress in implementation of the contract, including determination of volume of works accomplished according to the work plan, and inspection and testing of quality aspects; (c) management of Variation Orders, Contract suspension and termination, price revisions, Contract remedies such as imposition of liquidated damages, delayed payments, and disputes or claims settlement procedures; (d) management of financial aspects and budget of Contract implementation including payments, cost analysis and accounting ; (e) organisation and management of documentation related to contract implementation, and preparation of periodic reports on the implementation of Contract. (5) Project management mayrequire a review of the design in addition to the supervision of construction from inception to completion and handing over for the purpose of controlling time, 35
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 and 12: (26) "Framework Contract" means a c
Page 13 and 14: 3. Scope and Application of the Rul
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: (b) Entity for necessary action; (i
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
Page 63 and 64: estricted to the circumstances spec
Page 65 and 66: (a) contract values must not exceed
Page 67 and 68: 81. Use of Direct Cash Purchase. |
Page 69 and 70: Tender in a combination of local an
Page 71 and 72: (4) Framework Contracts may take se
Page 73 and 74: CHAPTER FIVE PROCESSING OF PROCUREM
Page 75 and 76: (b) the response to a clarification
Page 77 and 78: PART 3 PROCESSING OF TENDERS 94. Is
Page 79 and 80: Entity, that officer on request fro
Page 81 and 82: Tender Documents. (3) The TEC shall
Page 83 and 84: 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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