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Rule 26
Amendment to Rule 59 of the Principal Regulations

Rule 59 of the Principal Regulations,-
(1) In sub-rule (1), after the words "Wheel of Quantity" the words "Copy of approved standard of manufacture" are added.
(2) In clauses (b) and (c) of sub-rule (2), instead of the word "fifty", the word "twenty-five" has been substituted.
(3) In sub-rule (3), for the word "bank" the words "in the treasury of the local body" shall be substituted.
(4) After the words “overhead” in sub-rule (4), the words “and Value Added Tax” shall be added.
(5) In place of the words "fifty lakhs" in sub-rule (5), the words "twenty-five lakhs" are substituted.
(6) In sub-rule (6) instead of the words "may purchase and submit bids to other local bodies as per the need", "more than one bid may be opened at the same place at the same time on the last date of submission of all bids received from the office or local body". The words "can be purchased and can be submitted only in one office" are kept.
(7) Sub-rule (7) is omitted (8) The word "thirty" is substituted for the word "fifteen" in sub-rule (8).
(9) In place of sub-rule (12), the following sub-rule (12) has been placed:- "In case of re-inviting tenders, the tenderer shall also be retained as per clause (g) of sub-rule (2) andbsp can be invoked. But if the bidder who is retained in this way is not satisfied, please return his bid, if he submits an application 24 hours before the deadline for submitting the bid, his bid will have to be returned, and if the bid is returned, the security will have to be returned as if such bid was rejected."
(10) The following restrictive phrase is substituted for the restrictive phrase of sub-rule (13). "However, this provision will not apply to foreign construction professionals and the same will apply if the Nepal government removes this ban for the sake of a remote area."
(11) Instead of sub-rule (15), the following sub-rule (15) has been placed:- "(15) When calling for tenders for any procurement or public construction work, arrangements should be made to award the contract by taking the technical and financial proposals in one envelope. In this way, while calling for tenders, the basis of evaluation of the following technical aspects should be clearly disclosed in the tender documents according to the nature and requirements of the work:-
(a) Experience required for the purpose of the proposed work,
(b) The necessary efficiency and competence of the proposed manpower,
(c) Necessary technical goods and equipment,
(d) Necessary details to disclose financial condition, such as minimum turnover, current assets, net worth, debt, borrowing capacity,
(e) Technical specification of goods,
(f) supply of goods or schedule of construction works.”
(12) After sub-rule (15) the following sub-rules (15A) and (15B) have been added:- "(15A) If the evaluation grounds mentioned in sub-rule (15) are not fulfilled, such tender cannot be accepted.
(15B) After completing the process of sub-rule (15), prequalification shall not be required for any procurement or public works related work. (13) Sub-rules (16) and (17) are omitted (14) After sub-rule (17) the following sub-rules (18), (19), (20), (21), (22) and (23) have been added:- “(18) If bids are colluded in such a way as to create artificial competition, After canceling the bid of the conciliator and confiscating the bond, the name of such person, firm, company or organization should be included in the black list and the relevant authorities should be informed.
(19) Anyone can complain to the office inviting bids with proof that they have put together bids. If the complaint is found to be true during investigation, it will be done according to sub-rule (18).
(20) Even after the agreement has been concluded and the contract work has started, the thing that is prevented from competition by giving a compromise or financial inducement or by using force.                                                                                                                                                                                                                                  The name of the organization should be included in the blacklist. The name of the bidder who withdraws from the competition due to economic temptation should also be included in the blacklist.
(21) Notwithstanding anything written above, within thirty days from the last date for submission of tendersAnd if no one complains or if the local body is not informed in any other way before the bid is accepted, no action will be taken according to sub-rules (18) and (19).
(22) For the purpose of obtaining the contract, if anyone prevents the submission of bids to other competitors in any way, the bids submitted by them may be canceled and the bond amount may be confiscated.
(23) In order to investigate whether the action as per sub-rule (20) has been done, the local body shall constitute a committee consisting of authorized representatives of the District Administration Office and the Treasury and Accounts Office.
(24) If it appears from the investigation conducted by the committee under sub-rule (23) that the act has taken place, the local body shall take action as per sub-rule (20).”