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Section 41
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Notwithstanding anything else written in this Act, goods or consulting services or other services may be procured or construction work may be procured in the following cases:-
(a) on retail purchases of a specified amount,
(b) If only one supplier or builder or consultant or service provider has the technical competence or ability to fulfill the procurement conditions,
(c) If only one supplier has the right to supply the goods to be purchased and there is no other suitable alternative,
(d) If the supplier or consultant or service provider is changed to replace or expand the existing goods or services or parts of the connected mechanism, if it is proved that the goods or services in the public body cannot be replaced or expanded and additional goods or services of a proprietary nature within the specified limits are purchased from the former supplier or consultant or service provider,
(d1) If a public body makes any purchase with another public body,
(D2) If goods or services are to be purchased from an international intergovernmental organization at a rate determined by that organization,
(d3) In case of purchase under special circumstances,
(e) In case of purchase of essential construction works, goods, consulting services or other services within the specified limits, which are not included in the initial contract due to unforeseeable reasons and are difficult to complete separately from the initial contract, or (f) If the service of a special consultant with a specific (unique) qualification is urgently needed for the related work or if there is an unavoidable reason to seek the services of a former consultant.
(2) Notwithstanding anything written elsewhere in this section, when purchasing in accordance with clauses (b), (e) and (f) of sub-section (1), in the case of public bodies as per sub-section (1) of clause (b) of section 2, the following committee Based on the recommendation, the purchase should be made as decided by the Government of Nepal, the Council of Ministers and in the case of other public bodies, if the decision is made by the highest executive body of that body.Gym should be purchased: –
(a) Chief Secretary, Government of Nepal – Coordinator (b) Secretary, Ministry of Finance – Member (c) Secretary, concerned Ministry – Member
(d) Controller General of Accounts – Member
(e) …………….
(3) In case of procurement according to sub-section (1), the public body shall prepare a written description as specified in terms of its requirements and quality, quantity, supply conditions and time and request a written rate or proposal from a single supplier or construction professional or consultant or service provider. Can be negotiated and purchased as needed. However, if the approval is required from an official in accordance with this Act, the purchase should only be made after taking prior approval and making an agreement.