Section 9
Power Of Government Of Nepal To Or Not To Award Contract
9. Power of Government of Nepal to or not to award contract:
(1) The Government of Nepal may, with or without showing any reason, accept or reject any tender or all tenders submitted or any bid or all bids made pursuant to a notice published under Section 5. Provided that in making arrangement for any contract:
(a) Despite that one who has undertaken to pay the money in cash in consideration for the amount has undertaken to pay as a tariff less by one and half percent than that by one who has undertaken to pay by installments and less by up to three percent than that by one who has undertaken to pay by installments, in accepting the tender or bid pursuant to this sub-section, priority shall be given to the tender or bid that undertakes to the same as a tariff.
(b) Except as set forth in Clause (a), despite that one who has undertaken to pay the money as an installment by counting the same has undertaken to pay less by up to one and half percent than one who has undertaken to pay the same by installments, in accepting the tender or bid pursuant to this sub-section, priority shall be given to the tender or bid that undertakes to pay in counting installments as compared to that undertaking to pay by the said installments.
(1a) Notwithstanding anything contained in proviso Clauses (a) and (b) of Sub-section (1), despite that in relation to any contract any citizen of Nepal has undertaken to pay the money for a contract in any manner out of counting tariff, counting installment of installment, no priority as referred to in the said proviso Clauses shall be given to a non- Nepalese citizen who bids the contract in a figure that is equal to or less than the bid made by the citizen of Nepal.
(2) Where all tenders or bids are rejected pursuant to Sub- section (1), the Government of Nepal may make arrangement of contract by re-inviting tender or making auction or Dutch auction.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the Government of Nepal may, if it considers reasonable, may make re-invitation for tender or auction or Dutch auction by retaining the tenders or bids of those who have submitted or made the same earlier, and may make arrangement for contract with any earlier or later tenderer or bidder taking into consideration of the tenders or bids so submitted or made for another time and earlier tenders or bids. Provided that where decision has been made to so make re-invitation for tender or make re- auction or Dutch auction, a notice shall be issued, with specification of a reasonable time also estimating the time required for journey, to the effect that any person who has made a tender or bid earlier is not satisfied with hat decision may make an application for the cancellation of his or her tender or bid; and if an application is made by any person within the time out of such time or the time of up to the day specified for the submission of a tender or making of auction or Dutch auction, whichever is the longer, the tender or bid of such a person has to be cancelled, and where such cancellation is made, the deposit has to be returned as if such a tender or bid were rejected. Any tenderer or bidder who does not make such an application within that time shall be deemed to have consented to the retaining of his or her tender or bid even for the next time
(1) The Government of Nepal may, with or without showing any reason, accept or reject any tender or all tenders submitted or any bid or all bids made pursuant to a notice published under Section 5. Provided that in making arrangement for any contract:
(a) Despite that one who has undertaken to pay the money in cash in consideration for the amount has undertaken to pay as a tariff less by one and half percent than that by one who has undertaken to pay by installments and less by up to three percent than that by one who has undertaken to pay by installments, in accepting the tender or bid pursuant to this sub-section, priority shall be given to the tender or bid that undertakes to the same as a tariff.
(b) Except as set forth in Clause (a), despite that one who has undertaken to pay the money as an installment by counting the same has undertaken to pay less by up to one and half percent than one who has undertaken to pay the same by installments, in accepting the tender or bid pursuant to this sub-section, priority shall be given to the tender or bid that undertakes to pay in counting installments as compared to that undertaking to pay by the said installments.
(1a) Notwithstanding anything contained in proviso Clauses (a) and (b) of Sub-section (1), despite that in relation to any contract any citizen of Nepal has undertaken to pay the money for a contract in any manner out of counting tariff, counting installment of installment, no priority as referred to in the said proviso Clauses shall be given to a non- Nepalese citizen who bids the contract in a figure that is equal to or less than the bid made by the citizen of Nepal.
(2) Where all tenders or bids are rejected pursuant to Sub- section (1), the Government of Nepal may make arrangement of contract by re-inviting tender or making auction or Dutch auction.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the Government of Nepal may, if it considers reasonable, may make re-invitation for tender or auction or Dutch auction by retaining the tenders or bids of those who have submitted or made the same earlier, and may make arrangement for contract with any earlier or later tenderer or bidder taking into consideration of the tenders or bids so submitted or made for another time and earlier tenders or bids. Provided that where decision has been made to so make re-invitation for tender or make re- auction or Dutch auction, a notice shall be issued, with specification of a reasonable time also estimating the time required for journey, to the effect that any person who has made a tender or bid earlier is not satisfied with hat decision may make an application for the cancellation of his or her tender or bid; and if an application is made by any person within the time out of such time or the time of up to the day specified for the submission of a tender or making of auction or Dutch auction, whichever is the longer, the tender or bid of such a person has to be cancelled, and where such cancellation is made, the deposit has to be returned as if such a tender or bid were rejected. Any tenderer or bidder who does not make such an application within that time shall be deemed to have consented to the retaining of his or her tender or bid even for the next time