The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
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PART- 9<br />
QUALIFICATION OF PERSONS<br />
47. Non-discrimination. |— (1) <strong>The</strong> principle of non-discrimination shall not apply when<br />
there is a standing Government Order or an agreement signed by the Government prohibiting or<br />
limiting the participation in any of the following cases -<br />
(a) limiting participation of Tenderers and Applicants from only Bangladesh or the<br />
country funding in <strong>Procurement</strong>s to be carried out by the funds provided by the<br />
concerned development partner under any bilateral agreement;<br />
(b) limiting participation of Tenderers or Applicants as defined only by the<br />
concerned development partner in <strong>Procurement</strong>s to be carried out by the funds<br />
provided by a multilateral development agency;<br />
(c) Persons restrained or barred from participating in public <strong>Procurement</strong> on<br />
grounds of execution of defective works in the past under any Contract ;<br />
(d) Persons restrained or barred from participating in public <strong>Procurement</strong> on the<br />
grounds of being involved in activity relating to fraud, corruption, collusive<br />
practice or coercion; and<br />
(e) Tenderers or products from that country with whom the Government has<br />
decided to have no trade relations.<br />
(2) Information and brief reasons for restraining of such Suppliers, Contractors and<br />
Consultants barred from participation in general or for a specific Tender or Proposal by the<br />
Procuring Entity shall be published in its own website and in simultaneous, shall send those<br />
information for publication in CPTU’s website.<br />
(3)<br />
48. Qualification of Persons. |— (1) Each Person participating in public <strong>Procurement</strong>,<br />
shall provide documentary evidence in regard that-<br />
(a) they are able to abide by the professional and ethical standards set out in the<br />
Act and these <strong>Rules</strong>; and<br />
(b) they are able to implement the contracts for which they are Tendering or<br />
offering Services.<br />
(2) <strong>The</strong> mandatory requirements for qualification of each participating Person shall be<br />
detailed in the Tender Documents, based on the nature and extent of the procurement, and<br />
those may include in particular, but shall not be limited to the following -<br />
(a) with regard to professional and technical capacity, as applicable, the concerned<br />
Persons shall provide documentary evidence in regard that they possess -<br />
(i) the professional and technical qualifications and experience to execute<br />
Works or supply Goods or provide Services proposed ;<br />
(ii) suitable equipment and other physical facilities or access through<br />
contractual arrangement to hire or lease such equipment or facilities ,<br />
where necessary;<br />
(iii) satisfactory production or manufacturing capacity;<br />
(iv) facilities for after-sales service;<br />
(v) managerial capability;<br />
(vi) prior experience in similar Works or Supplies or Services , where<br />
necessary, or as specified by the Procuring Entity;<br />
(vii) reputation for completion of Works under a Contract by hard labour and<br />
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