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Rule 85
Direct Purchase Arrangements
(1) When purchasing in accordance with clause (a) of sub-section (1) of section 41 of the Act, subject to sub-rule (4), purchase may be made directly without exceeding the following limits:-
(a) construction work, goods or consultancy services estimated to cost up to five lakh rupees,
(b) ....
(1a) Notwithstanding anything written elsewhere in this regulation, medicinal goods worth up to twenty lakh rupees or goods manufactured in Nepal up to fifteen lakh rupees can be purchased directly at the sale price determined by the manufacturer of such goods by publishing a notice in a national newspaper. In this way, when purchasing directly, as long as it is available, goods with the Nepal Quality Mark should be purchased. However, since it is the only drug manufacturing company that has received pre-qualification from the World Health Organization to produce any pharmaceutical goods, if it is necessary to purchase from such a manufacturer, such pharmaceutical goods can be purchased through direct negotiation, regardless of the amount of rupees.
(1b) Notwithstanding anything written in sub-rules (1) and (1a), no single person, firm, company or organization can directly purchase more than the limit mentioned in those sub-rules in one financial year.
(1c) Notwithstanding anything written elsewhere in this regulation, at the invitation of the Government of Nepal, up to fifty million rupees can be directly purchased for hospitality and hotel facilities to a foreign country's government or an international intergovernmental organization's highly distinguished or distinguished person who is visiting Nepal.
(1d) Regardless of what is written elsewhere in this regulation, up to twenty-five thousand US dollars can be directly purchased for the repair of the building or apartment where the Nepalese embassy or mission is located abroad.
(2) In case of purchase as per sub-rule (1), structural or unit rate can be negotiated.
(3) In the case where only one supplier has the right to supply in accordance with clause (c) of sub-section (1) of section 41 of the Act, such proprietary goods or medicinal goods shall be sold through that supplier or his authorized dealer or authorized agent.It can be purchased.
(3a) Notwithstanding anything written in sub-rule (3), if there is only one producer of the goods required by a public body in Nepal and there is no other suitable alternative, the head of the public body purchasing may record the same transaction and purchase directly from the producer.
((b) According to sub-rules (1A) and (3IK) when purchasing directly from the manufacturer, it should be done from the manufacturer who fulfills the following conditions:-
(a) The retail and dealer sale price list of its products has been published by such manufacturer in a national newspaper,
(b) given by such manufacturer to the purchasing public body the same discount as given to the local dealer.
(3c) Public Procurement Monitoring Office may, in the case of procurement in accordance with sub-rule (3a), examine or cause the cost of production of the industry related to such procurement. If the cost is found to be unreasonable during such testing, such an industry can be blacklisted.
(3d) Notwithstanding anything written elsewhere in this regulation, public bodies may directly purchase goods up to twenty-five million rupees produced by domestic industries which the Government of Nepal has published in the Nepal Gazette and designated as indigenous domestic industries.
(4) The public body "when making a direct purchase of more than one lakh rupees, must request a price list or proposal in writing from at least three suppliers, builders, consultants or service providers in the existing list.
(5) In the case of direct purchase of proprietary goods as per clause (d) of sub-section (1) of section 41 of the Act, up to thirty percent of the original contract price can be purchased.
(5a) If a public body has to purchase any goods or services produced or distributed by another public body, it may purchase such goods or services directly from the authority authorized to produce or distribute such goods or services at the selling price determined by the public body.
(5b) a public body, an international intergovernmental organization or the government of a foreign country or a transfer of such countryIf any goods are to be purchased from a weighting agency, it can be purchased directly from such organization, government or agency at the fixed selling price.
(5c) Notwithstanding anything written elsewhere in this rule, no security shall be required in case of purchase by a public body in accordance with sub-rules (5a) and (5b).
(6) In the case of direct purchase made in the case of other clauses except in the case of clauses (a) and (e) of sub-section (1) of section 41 of the Act, the name of the builder, supplier, consultant or service provider along with the nature, reason and basis of such purchase by the public body The notice should be published publicly.
(7) In the case of clause (d) of sub-section (1) of section 41 of the Act, the approval of one level higher officer should be obtained.