(1) The public body may consider any or all of the following matters as necessary while determining the basis of eligibility of bidders or pre-qualified proposers participating in the procurement process related to construction work above two million rupees:-
(a) general experience of working as a prime contractor alone or working under a management contract or working as a partner or sub-contractor in a joint venture,
(b) The minimum annual transaction of construction work of the limit or more than the limit mentioned in the bidding document or pre-qualification document, including working as a partner in a joint venture, but in the case of open bidding at the national level, the ten-year transaction. The maximum annual turnover of any three years will be taken as the basis. . (c) Individually or under a management agreement or as a partner or sub-contractor of a joint venture, has performed monthly or yearly construction work equal to the minimum amount mentioned in the tender documents or pre-qualification documents and of a nature, complexity and construction technology consistent with the proposed purchase agreement. Special experience in successful completion of procurement contract in the number mentioned in such document,
(d) In case of non-payment or delay in receiving the amount required to start the construction work as per the purchase agreement, to arrange the cash flow required to complete the proposed construction work and other construction work being conducted or committed to be conducted by the relevant bidder or pre-qualified bidder. The economic and financial ability to have available liquid assets, credit facilities and other financial resources (excluding advance payments under any purchase agreement) or to have access to such resources,
(e) Skilled human resources as mentioned in the tender documents or pre-qualification documents,
(f) BiddingThe main equipment as mentioned in the bidding document or the pre-qualification document in the current condition which is available through rent, lease, contract or other business means that is owned by the donor or the pre-qualified offeror or can be used indefinitely throughout the period mentioned in the purchase agreement.
(2) In the case of national construction professionals, when calculating the amount of clause (b) and (c) of sub-rule (1), only the amount for which the value added tax will be deducted will be calculated and such amount will be adjusted according to the updated price index of Nepal Rastra Bank. (3) According to this rule, when requesting documents to prove the technical ability of a construction professional, the public body may request any or all of the following documents from the bidder or pre-qualified proposer according to the nature of the construction work:-
(a) Details of the cost, date and location of the construction work completed by him during the last ten years,
(b) Proportion of work proposed to be sub-contracted by him,
(c) details of the technical manpower, equipment and plant as per clause (f) of sub-rule (1) to complete the proposed work,
(d) Details as per clause (3) of sub-section (2) of the same section to prove the technical capability of the bidder as per clause (4) of sub-section (2) of section 13 of the Act to complete the proposed construction work.
(4) Notwithstanding anything written in sub-rule (1), any structure of a complex or special nature such as power house, turbine, bridge, tunnel, railway, cable car, multi-storey building or road with an estimated cost of up to two million rupees as specified by the relevant public body For the construction work of other structures, eligibility shall be determined according to sub-section (5) of section 10 of the Act.