(1) A public entity may, in specifying the criteria as to the qualification of the bidder or pre-qualification proponent participating in the procurement actions of a construction work costing more than twenty million rupees, specify such criteria having regard to any or all of the following matters, as required:
(a) General experience in the execution of works solely as a prime contractor or of works under a management contract or as a partner of a joint venture or as a sub- contractor,
(b) A minimum average annual turnover of construction works of or above the threshold referred to in the bidding documents or prequalification documents, having completed solely or including the works carried out as a partner of a joint venture.
Provided that in the case where a national open bidding is invited, the maximum average turnover of any three years out of ten years shall be taken as the basis.
(c) A special experience upon having executed monthly or yearly a construction work equivalent to the minimum
amount set forth in the bidding documents or prequalification documents solely or by concluding a management contract or as a partner of joint venture or a sub-contractor, and having completed successfully the procurement contracts of the nature, complexity and construction technology similar to the proposed procurement contract in such a number as specified in such documents,
(d) Economic and financial capacity as to the availability of liquidity, credit facility and other financial source (excluding the advance payment under any procurement contract) which may provide such cash-flow as may be necessary to complete the proposed construct work or other construction work which the concerned bidder or prequalified proponent has been executing or committed to execute or the accessibility to the source of such property in cases where there is no payment of money or delay in payment of money required to commence the construction work referred to in the procurement contract,
(e) Skilled human resources as specified in the bidding documents or prequalification documents,
(f) Main equipment, machineries as specified in the bidding documents or prequalification documents in running condition which are owned by the bidder or pre-qualified proponent himself or herself or which will be so available by way of rent, lease, contract or other commercial means that they can be used freely during the period of the procurement contract.
(2) In computing the amount referred to in clauses (b) and (c) of sub-rule(1) in the case of a national construction entrepreneur, only the amount to be set after deducting the amount for value added tax shall be computed, and such amount shall be adjusted according to the updated price index of the Nepal Rastra Bank.
(3) In requiring the documents that prove the technical capacity of a construction entrepreneur pursuant to this Rule, the public entity may require the bidder or pre-qualified proponent to submit any or all of the following documents, according to the nature of the construction work:
(a) Description of the price, date and site of the construction works completed by him or her during the period of last ten years,
(b) Proportion of the work which he or she intends to get executed through a sub-contractor,
(c) Description of the technical human resources, equipment and plants referred to in clause (f) of sub-rule
(1) available with him or her to complete the proposed work.
(d) The description referred to in clause (n3) of sub-section
(2) of Section 13 of the Act in order to prove the bidder’s technical capacity referred to in (n4) of sub-section (2) of the said Section to complete the proposed construction work.
(4) Notwithstanding anything contained in sub-section (1), qualification shall be specified pursuant to sub-section (5) of Section 10 of the Act for the construction work of such other structure as specified by the concerned public entity, including structures of complex or special nature such as a power-house, turbine, bridge, tunnel way, railway, ropeway, cable car way, multi-storied building or road, the cost estimate of which does not exceed twenty million rupees.