The Public Procurement Rules 2008 - LGED

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