The Public Procurement Rules 2008 - LGED

The Public Procurement Rules 2008 - LGED The Public Procurement Rules 2008 - LGED

16.01.2015 Views

within the period specified in Schedule II. (8) The Performance Security shall be in the amount specified in the Contract conditions, issued by a bank acceptable to the Procuring Entity, and denominated in the currencies in which the Contract Price is payable. (9) Performance Security shall be valid until a date twenty eight (28) days beyond the Intended Completion Date unless no retention money has been kept in which case the validity shall follow the provision of Rule 27(7)&(8). (10) Before signing the Contract, the Procuring Entity may verify the authenticity of the Performance Security submitted by a Tenderer by sending a written request to the branch of the bank issuing the bank draft or irrevocable bank guarantee. (11) The duly authorised officer of the Procuring Entity and of the successful Tenderer shall sign the Contract within the period specified in Schedule II if the Performance Security submitted by the Tenderer is found to be genuine. (12) If a Performance Security submitted under Sub-Rule (8) is not found to be genuine , the Procuring Entity shall proceed to take measures against the Tenderer as stated under Section 64 of the Act. (13) If the successful Tenderer fails to provide the required Performance Security as stated in Sub-Rule (7) or fails to sign the Contract as stated in this Rule, a Procuring Entity shall proceed to award the Contract to the next lowest evaluated Tenderer, and so on, by order of ranking, provided that such action shall only be taken if the evaluated cost of the Tender is acceptable to the Procuring Entity, and when the point is reached whereby all evaluated costs of the remaining responsive Tenders are significantly higher than the official estimate or budget provision or market price, the Procuring Entity may take action in accordance with Rule 33. 88

CHAPTER SIX PROCUREMENT OF INTELLECTUAL AND PROFESSIONAL SERVICES PART – 1 METHODS AND PROCEDURES 103. Methods for Procurement of Intellectual and Professional Services and their Use. |— 1) The prime consideration in the selection of the successful Consultant in the Procurement of intellectual and professional Services shall be given to the quality of a Consultant's Technical Proposal. (2) The cost of the Services shall be considered judiciously because in the Procurement of intellectual and professional Services in general, if cost considerations predominate in the evaluation, the quality of the resulting Services often ends up being inferior which in turn places further cost burdens on the Procuring Entity due to rework being needed or less economical solutions being recommended. (3) The Procuring Entity shall encourage the involvement of national Consultants in assignments with international competition. (4) Depending on the nature and complexity of assignments, different methods as specified in this part of these Rules may be used, but the following two (2) methods shall be the preferred options for selection of Consultants - (a) Quality & Cost Based Selection (QCBS) is the preferred method that shall be used in most cases and shall take into account- (i) the quality of the Proposal; and (ii) the cost of the Services. (b) Selection under a Fixed Budget (SFB) is appropriate only when - (i) the assignment is relatively simple and can be precisely defined; and (ii) the budget is fixed. (5) The Procuring Entity shall publish in its website the name of the Consultant to which the Contract was awarded, price, duration and scope of the Contract. (6) General considerations for employment of national and international Consultants are provided for in Schedule IX . 104. Other Methods for Procurement of Intellectual and Professional Services.|— Other methods for Procurement of intellectual and professional Services may also be used under the conditions set-out in the following paragraphs and with the prior written approval of the Head of a Procuring Entity or an officer authorized by him or her: (a) Least Cost Selection (LCS) (i) is appropriate for the selection of Consultants for an assignment of a standard or routine nature such as audits, architectural and engineering designs of non-complex Works, where established practices and standards exist and in which the Contract amount is small as specified in Schedule II. (ii) The Procuring Entity shall use the procedures specified in Rule 107. (b) Selection Based on Consultant’s Qualifications (SBCQ) 89

CHAPTER SIX<br />

PROCUREMENT OF INTELLECTUAL AND PROFESSIONAL SERVICES<br />

PART – 1<br />

METHODS AND PROCEDURES<br />

103. Methods for <strong>Procurement</strong> of Intellectual and Professional Services and their<br />

Use. |— 1) <strong>The</strong> prime consideration in the selection of the successful Consultant in the<br />

<strong>Procurement</strong> of intellectual and professional Services shall be given to the quality of a Consultant's<br />

Technical Proposal.<br />

(2) <strong>The</strong> cost of the Services shall be considered judiciously because in the <strong>Procurement</strong><br />

of intellectual and professional Services in general, if cost considerations predominate in the<br />

evaluation, the quality of the resulting Services often ends up being inferior which in turn places<br />

further cost burdens on the Procuring Entity due to rework being needed or less economical<br />

solutions being recommended.<br />

(3) <strong>The</strong> Procuring Entity shall encourage the involvement of national Consultants in<br />

assignments with international competition.<br />

(4) Depending on the nature and complexity of assignments, different methods as<br />

specified in this part of these <strong>Rules</strong> may be used, but the following two (2) methods shall be the<br />

preferred options for selection of Consultants -<br />

(a) Quality & Cost Based Selection (QCBS) is the preferred method that shall be<br />

used in most cases and shall take into account-<br />

(i) the quality of the Proposal; and<br />

(ii) the cost of the Services.<br />

(b) Selection under a Fixed Budget (SFB) is appropriate only when -<br />

(i) the assignment is relatively simple and can be precisely defined; and<br />

(ii) the budget is fixed.<br />

(5) <strong>The</strong> Procuring Entity shall publish in its website the name of the Consultant to which<br />

the Contract was awarded, price, duration and scope of the Contract.<br />

(6) General considerations for employment of national and international Consultants are<br />

provided for in Schedule IX .<br />

104. Other Methods for <strong>Procurement</strong> of Intellectual and Professional Services.|—<br />

Other methods for <strong>Procurement</strong> of intellectual and professional Services may also be used under<br />

the conditions set-out in the following paragraphs and with the prior written approval of the Head of<br />

a Procuring Entity or an officer authorized by him or her:<br />

(a) Least Cost Selection (LCS)<br />

(i) is appropriate for the selection of Consultants for an assignment of a<br />

standard or routine nature such as audits, architectural and engineering<br />

designs of non-complex Works, where established practices and<br />

standards exist and in which the Contract amount is small as specified in<br />

Schedule II.<br />

(ii) <strong>The</strong> Procuring Entity shall use the procedures specified in Rule 107.<br />

(b) Selection Based on Consultant’s Qualifications (SBCQ)<br />

89

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