The Public Procurement Rules 2008 - LGED

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(i) The Procuring Entity may consider using SBCQ for very small assignments, for which the cost of a full-fledged selection process would not be justified, such as - a. brief evaluation studies at critical decision points of projects (review of alternative solutions with large downstream effects); b. executive assessment of strategic plans; c. high level, short-term legal expertise; and d. participation in project review expert panels. (ii) The Procuring Entity shall use the procedures specified in Rule 108. (c) (i) Selection amongst Community Service Organisations (CSOs) may be used by short-listing reputable Non-Governmental Organisations (NGOs), other community service organisations or voluntary non-profit organisations that are well qualified to assist in the preparation, management and implementation of community development projects or programmes because of their involvement and knowledge of local issues, community needs or participatory approaches. (ii) The Procuring Entity shall use the procedures specified in Rule 109. (d) Single Source Selection (SSS) of firms or individual consultants (1) (SSS) may be used only in exceptional cases as specified in this Rule because it - a. does not provide the benefits of competition in regard to quality and cost, b. lacks transparency in selection, and c. could encourage unacceptable and fraudulent practices. (2) It may be appropriate only if it presents a clear advantage over competition - a. where a rapid selection is essential (for example, in an emergency operation), b. for very small assignments within the threshold specified in Schedule II; c. when only one (1) firm or an individual Consultant is qualified or has experience of exceptional worth for the assignment; and (3) It may also be appropriate for tasks that represent a natural continuation of previous work carried out by the Consultant; where an initial consultancy assignment needs to be continued and where continuity of the technical approach, experience acquired and continued professional liability of the same Consultant may make such continuation preferable to a new competition; and in such cases the initially selected Consultant may be allowed to continue with the subsequent assignment provided that - a. the initial assignment was performed satisfactorily; and b. the need for such downstream assignment was anticipated in the initial Request for Proposal. (4) if the initial assignment was not awarded on a competitive basis or if the downstream assignment is substantially larger in value, a competitive process shall be followed and in such cases the Consultant carrying out 90
the initial work shall not be excluded from consideration provided it expresses interest. (5) the Head of the Procuring Entity, or the Approving Authority where it is a higher body than that of the Head of the Procuring Entity, may consider exceptions to Sub Rule (d) (iv) under special circumstances and only when a new competitive process is not practicable. (6) UnitedNations agencies may be invited where they are exceptionally wellqualified to provide technical assistance and advice in the area of expertise, on a case-by-case basis. (7) The Procuring Entity shall use the procedures specified in Rule 110. (8) Variation Orders to consultancy contracts shall not exceed the limit specified in Schedule II, unless approved by an authority of level higher than that of the initial Approving Authority as explained in Rule 74 (4). (e) (f) Selection of Consultants by a Design Contest (DC): The Procuring Entity shall use the procedures specified in Rule 111. Selection of Individual Consultants The Procuring Entity shall use the procedures laid down in Rule 112. 105. Procedures for Selection under the Quality and Cost Based Selection (QCBS) Method. |— (1) The procedures of QCBS are as follows and are further detailed in Part 2 of this Chapter - (a) a Request for Expressions of Interest (EOI) as laid down in Rule 113 is advertised to invite interested Applicants in order to prepare a shortlist of Applicants; (b) a Request for Proposals (RFP) shall be prepared and sent to short-listed Consultants selected following the provisions of Rule 117; (c) after receiving the Proposals the PEC shall meet to evaluate the Proposals; (d) the evaluation of Proposals shall be carried out in two (2) stages in the following manner - (i) the Technical Proposals shall be evaluated; (ii) the financial Proposals of technically responsive Proposals shall be opened in the presence of the Applicants or their representatives who wish to attend; (iii) a combined evaluation of Technical and Financial Proposals shall follow and the Applicant with the winning Proposal will be invited to negotiations. (2) In the case of Procurement of intellectual and professional services under Quality and Cost Based Selection (QCBS) Method process and proceedings in flow-charts as specified in Part- G of Schedule III shall be followed. 106. Procedures for Selection under a Fixed Budget (SFB). |— (1) The Procedures to be followed for the SFB Method shall be the same as for the Quality and Cost Based Method, with the following exceptions, namely - (a) the RFP shall indicate the available budget excluding taxes and ask the Applicants to provide, in separate envelopes, their best Technical and Financial Proposals within the budget; (b) the TOR shall be as complete as possible to make sure that the budget is sufficient for the Consultants to perform the expected tasks; 91
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GOVERNMENT OF THE PEOPLE’S REPUBL
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33. Rejection of all Tenders, Propo
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PART - 1 ..........................
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LIST OF ABBREVIATIONS ADB - Asian D
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The Government of the People's Repu
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(26) "Framework Contract" means a c
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3. Scope and Application of the Rul
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(a) the description of the Works an
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Provisional Sums for payments to no
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“I (name of the Evaluation Commit
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12. Approval of Delegated Procureme
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(j) (k) capacity of beneficiary sto
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18. Competition in Procurement |—
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specified in Schedule II, except un
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PART - 3 PREPARATION OF SPECIFICATI
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32. Safe Custody of Received Tender
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(b) Entity for necessary action; (i
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37. Publication of Notification of
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(15) The Procuring Entity shall pro
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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
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Page 57 and 58: PART - 2 NATIONAL PROCUREMENT:- LIM
Page 59 and 60: consideration. (3) The Evaluation C
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Page 63 and 64: estricted to the circumstances spec
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Page 69 and 70: Tender in a combination of local an
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Page 73 and 74: CHAPTER FIVE PROCESSING OF PROCUREM
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Page 77 and 78: PART 3 PROCESSING OF TENDERS 94. Is
Page 79 and 80: Entity, that officer on request fro
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Page 89: CHAPTER SIX PROCUREMENT OF INTELLEC
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Page 107 and 108: CHAPTER SEVEN PROFESSIONAL MISCONDU
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Page 127 and 128: THE PUBLIC PROCUREMENT RULES, 2008
Page 135 and 136: SCHEDULE IV Part-A : [See Rule 16]
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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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