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The Public Procurement Rules 2008 - LGED

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(e)<br />

(f)<br />

would prevent fair competition; or<br />

relates to the examination and evaluation of Tenders, Proposals or Quotations and<br />

the actual contents of those Documents, other than a summary of the evaluation of<br />

Tenders, Proposals or Quotation received.<br />

PART- 8<br />

PROCUREMENT POST REVIEW<br />

45. <strong>Procurement</strong> Post Review. |— (1) <strong>The</strong> records of <strong>Procurement</strong> activities shall be<br />

reviewed periodically by independent Consultants and the findings provided to the Procuring<br />

Entity and CPTU so that it can properly carry out its monitoring responsibilities and inform the<br />

Government and the general public about its recommendations for remedial measures concerning<br />

adherence to the relevant <strong>Rules</strong>, contract management, delays. <strong>The</strong> Consultant shall ensure -<br />

(a) whether the <strong>Procurement</strong> proceedings have been conducted and implemented<br />

by the Procuring Entity following the provisions of the Act and these <strong>Rules</strong>; and<br />

(b) whether in implementing the objective of the Act and these <strong>Rules</strong> value-for-money<br />

has been achieved.<br />

46. <strong>Procurement</strong> Post Review by independent Consultants. |— (1) <strong>The</strong> Head of the<br />

Procuring Entity, if the value of procurement carried out by the Procuring Entity under his or her<br />

control, within time, is as specified in Schedule II, shall arrange by independent Consultants a<br />

post review of the <strong>Procurement</strong> operations., .<br />

(2) Appropriately qualified independent Consultants shall be appointed following the<br />

provisions of Rule 103 and 104.<br />

(3) Such a minimum proportionate part of the total number and value of contracts<br />

awarded in a financial year shall be taken for post review so that it covers at least the minimum of<br />

the total number and value of all those contracts specified in Schedule II. .<br />

(4) <strong>The</strong> Consultant(s) appointed to carry out the Post Reviews may select any contract<br />

for review according to the scope and the extent of work under the Contract entrusted.<br />

(5) <strong>The</strong> Procuring Entity in the case of selection of independent Consultants and<br />

carrying out of Post Reviews shall follow the <strong>Procurement</strong> Post-Review Procedure issued by the<br />

CPTU.<br />

(6) <strong>The</strong> Procuring Entity shall ensure that the Post Review is completed and the report is<br />

submitted to the Procuring Entity and CPTU within the period specified in Schedule<br />

(7) <strong>The</strong> CPTU may also undertake a sample <strong>Procurement</strong> review of the past<br />

<strong>Procurement</strong> activities carried out by a Procuring Entity for monitoring compliance with the <strong>Public</strong><br />

<strong>Procurement</strong> Act 2006 and provisions of these <strong>Rules</strong> by using CPTU’s own resources, if available<br />

or by hiring independent consultants.<br />

(8) CPTU and Procuring Entities shall include in their budget the cost required for the<br />

<strong>Procurement</strong> Post Review.<br />

(9) CPTU will publish the findings of the <strong>Procurement</strong> Post Review and<br />

recommendations in its website.<br />

42

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