Section 95
Procedures Relating To Service Contract
(1) If a public entity is required to take services on service contract to operate its day-to-day works such as office security, transportation of letters, sanitation, operation and supervision of telephone, electricity and water supply system, animal health and agricultural dissemination, maintenance and care of garden, typing or computer type and driving, it may take such services by concluding a contract with any person, firm, organization or company.
(2) In contracting the services referred to in sub-rule (1), the requirements, type, duration, quality, service operation method, tentative expense to be incurred and the terms of reference of such service shall be prepared and caused to be approved by the chief of the public entity.
(3) The public entity may, by way of negotiation, procure a service the service fee of which does not exceed five hundred thousand rupees. In the case of the service the service fee of which exceeds that amount, the public entity may invite proposals by publishing a notice of fifteen days in a newspaper of national circulation if it is an entity located in the Kathmandu Valley or a central level public entity, and by publishing a notice of fifteen days in a local newspaper if it is a regional or district level entity, and by posting such a notice on the notice board of the entity and of the following offices:
(a) District Administration Office,
(b) District Coordination Committee, and
(c) Treasury Controller Office.
(4) The public entity shall specify the following matters in the notice referred to in sub-rule (3):
(a) Name and address of the concerned public entity,
(b) Nature, quantity, conditions of service and other necessary matters,
(c) Place and duration of the service to be provided,
(d) Minimum documents and details to be submitted by the proponent along with the proposal,
(e) The place and last date for submission of the proposal,
(f) Conditions of payment of service fees and the matter of tax deduction, and
(g) Other necessary matters.
(5) The public entity shall open the proposals received within the deadline pursuant to Rule 59 and evaluate the proposals of the proponents.
(6) While evaluating the proposals pursuant to sub-rule (5), the public entity shall accept the proposal of the proponent who has offered the lowest service charge by fulfilling the terms of reference referred to in sub-rule (2) and conclude the service contact agreement.
(7) If a proponent whose proposal is accepted pursuant to sub-rule (6) does not appear to conclude the service contract, a service contract may be concluded with the proponent offering the next lowest service charge.
(8) The public entity shall monitor, from time to time, the service rendered by the service provider. In so monitoring, if the service is not found to be satisfactory or is not consistent with the contract, such entity shall give a notice to the service provider to upgrade the level of service and if the level of service is not upgraded even after providing such a notice, another service contract is to be arranged by cancelling the service contract.
(9) Notwithstanding anything contained elsewhere in this Rule, if it is required to perform the work to be performed by class- less posts through service contract by making contract with a person or organization specifying the minimum remuneration pursuant to the Civil Service Act,
1992 (2049), the matter shall be governed by the provisions of that Act accordingly.
(2) In contracting the services referred to in sub-rule (1), the requirements, type, duration, quality, service operation method, tentative expense to be incurred and the terms of reference of such service shall be prepared and caused to be approved by the chief of the public entity.
(3) The public entity may, by way of negotiation, procure a service the service fee of which does not exceed five hundred thousand rupees. In the case of the service the service fee of which exceeds that amount, the public entity may invite proposals by publishing a notice of fifteen days in a newspaper of national circulation if it is an entity located in the Kathmandu Valley or a central level public entity, and by publishing a notice of fifteen days in a local newspaper if it is a regional or district level entity, and by posting such a notice on the notice board of the entity and of the following offices:
(a) District Administration Office,
(b) District Coordination Committee, and
(c) Treasury Controller Office.
(4) The public entity shall specify the following matters in the notice referred to in sub-rule (3):
(a) Name and address of the concerned public entity,
(b) Nature, quantity, conditions of service and other necessary matters,
(c) Place and duration of the service to be provided,
(d) Minimum documents and details to be submitted by the proponent along with the proposal,
(e) The place and last date for submission of the proposal,
(f) Conditions of payment of service fees and the matter of tax deduction, and
(g) Other necessary matters.
(5) The public entity shall open the proposals received within the deadline pursuant to Rule 59 and evaluate the proposals of the proponents.
(6) While evaluating the proposals pursuant to sub-rule (5), the public entity shall accept the proposal of the proponent who has offered the lowest service charge by fulfilling the terms of reference referred to in sub-rule (2) and conclude the service contact agreement.
(7) If a proponent whose proposal is accepted pursuant to sub-rule (6) does not appear to conclude the service contract, a service contract may be concluded with the proponent offering the next lowest service charge.
(8) The public entity shall monitor, from time to time, the service rendered by the service provider. In so monitoring, if the service is not found to be satisfactory or is not consistent with the contract, such entity shall give a notice to the service provider to upgrade the level of service and if the level of service is not upgraded even after providing such a notice, another service contract is to be arranged by cancelling the service contract.
(9) Notwithstanding anything contained elsewhere in this Rule, if it is required to perform the work to be performed by class- less posts through service contract by making contract with a person or organization specifying the minimum remuneration pursuant to the Civil Service Act,
1992 (2049), the matter shall be governed by the provisions of that Act accordingly.