(1) If the public body has to blacklist any bidder, proposer, consultant, service provider, supplier, builder or any other person, firm, organization or company in accordance with section 63 of the Act, to send a written statement to the Public Procurement Monitoring Office along with the relevant documents detailing the reasons and disclosures. will fall.
(2) After receiving written notice in accordance with sub-rule (1), the Public Procurement Monitoring Office examines such details, reasons and documents, such bidder, proposer, consultant, service provider, supplier, builder or other person, firm, institution or company from participating in public procurement immediately. If it is deemed necessary to prohibit, it may be prohibited from participating in new procurement proceedings until the process of blacklisting according to this rule is completed.
(3) In case the Public Procurement Monitoring Office decides to stop according to sub-rule (2) within seven days of such decision, the relevant bidder, proposer, consultant, service provider, supplier, builder or other person, firm, institution or company shall be notified and published in public. Will have to do.
(4) After receiving written notice according to sub-rule (1), except in the case where the procurement action is to be stopped immediately according to sub-rule (2), the public procurement monitoring office shall notify the relevant bidder, proposer, consultant, service provider, supplier, construction professional or other person, firm, institution or company. If there are grounds for not being blacklisted by attaching the details, reasons and copies of the documents received, a written notice of thirty days shall be sent to his office or home to submit such grounds and explanations.
(4A) If the written notice as per sub-rule (4) is sent to his office or home, if he is not found, in the national level newspaper in that regard? A public notice shall be published and if such notice is published, such notice shall be deemed to have been duly given.
(5) After receiving the notice as per sub-rule (4), the concerned bidder, proposer, consultantIf there is any reason or basis for not being blacklisted, the service provider, supplier, builder or other person, firm, organization or company should submit their explanation along with related documents to the Public Procurement Monitoring Office.
(6) When submitting an explanation in accordance with sub-rule (5), the relevant bidder, proposer, consultant, service provider, supplier, builder or other person, firm, institution or company shall request the Public Procurement Monitoring Office to hold a joint hearing with them and the relevant public body. Can do.
(7) If there is a request for a hearing according to sub-rule (6) and if the Public Procurement Monitoring Office deems it appropriate to hold such a hearing, such hearing shall be held for the relevant public bodies and bidders, proposers, consultants, service providers, suppliers, builders and other persons, firms, organizations or companies. A written notification about the time and place should be sent.
(8) The public body and the bidder, proposer, sealed bidder, consultant, service provider, supplier, builder or any other person, firm, institution or company receiving the notification according to sub-rule (7) shall appear at the public procurement monitoring office within the period specified in the sub-rule.
(9) If both parties are present during the period as per sub-rule (8), the Public Procurement Monitoring Office shall give both parties an opportunity to present their written or oral explanations and statements. But the hearing will not be stopped just because a party is not present.
(10) If a hearing is held according to sub-rule (9), considering the hearing and if there is no hearing, public procurement based on the documents submitted by the public body and related bidders, proposers, consultants, service providers, suppliers, construction professionals or other persons, firms, institutions or companies The monitoring office will have to decide whether to blacklist him or not.
(11) If the Public Procurement Monitoring Office decides to blacklist when deciding according to sub-rule (10).The information shall be given in writing to the relevant public bodies and bidders, proposers, consultants, service providers, suppliers, builders or other persons, firms, organizations or companies and published in a national newspaper.
(12) If the public procurement monitoring office decides not to blacklist while making a decision according to sub-rule (11), if a ban has been imposed according to sub-rule (2), then such ban will automatically be removed and the proceedings of that office shall be publicly published.
(13) When making a decision in accordance with sub-rule (10), the bidder, proposer, consultant, service provider, supplier, construction professional or other person, firm, institution or company who has been banned in accordance with sub-rule (2) shall be blacklisted while counting the time of blacklisting. It has to be calculated from the time of application.
(14) According to this regulation, the Public Procurement Monitoring Office shall complete the blacklisting action within six months from the date of receipt of the related request.
(15) Before the commencement of this regulation, if any public body has blacklisted or decided to blacklist any bidder, proposer, sealed bidder, consultant, service provider, supplier, builder or any other person, firm, organization or company, such body shall notify this regulation. It must be sent to the Public Procurement Monitoring Office within thirty days of commencement.