Section 6
Provision Of Budget And Construction Site
(1) No public entity shall commence the procurement proceeding unless and until the required budget for the procurement is provisioned.
(2) Notwithstanding anything contained in sub-rule (1), procurement proceeding may be commenced in the following circumstances even if the budget has not been provisioned:
(a) In the case of a procurement to be made under a multi- year contract, in order to carry out procurement proceeding for other years after the budget required for the first year has been arranged, and
(b) Because of being it essential to make prelamination preparations for procurement, to carry out acts such as inviting sealed quotations or bids, inviting pre- qualification applications, publishing a notice for the preparation of a list of consultants, inviting proposals from consultants or making available the sealed quotation forms, bidding documents or pre-qualification documents or documents relating to proposal.
(3) No public entity shall make invitation to bids without making provision of the construction site, without ensuring the removal of structures including trees, plants required to be removed from the construction site, without ensuring the budget for the distribution of compensation or damages if so required, and without having approved the report on environmental study required to be conducted under the prevailing law.
(4) Notwithstanding anything contained in sub-rule (3), nothing shall bar the making of invitation to bids in cases where the environment study report is yet to be approved in the following circumstance:
(a) If it is to implement a project already approved at the time of commencement of sub-rule (3),
(b) If a decision is made by the Government of Nepal, Council of Ministers, to implement any special project.
(5) In the case of a procurement to be made in accordance with a multi-year contract, the public entity shall, in conducting the procurement actions for the other year pursuant to clause (a) of sub-rule (2), commence the procurement actions only after ensuring the required budget.
(2) Notwithstanding anything contained in sub-rule (1), procurement proceeding may be commenced in the following circumstances even if the budget has not been provisioned:
(a) In the case of a procurement to be made under a multi- year contract, in order to carry out procurement proceeding for other years after the budget required for the first year has been arranged, and
(b) Because of being it essential to make prelamination preparations for procurement, to carry out acts such as inviting sealed quotations or bids, inviting pre- qualification applications, publishing a notice for the preparation of a list of consultants, inviting proposals from consultants or making available the sealed quotation forms, bidding documents or pre-qualification documents or documents relating to proposal.
(3) No public entity shall make invitation to bids without making provision of the construction site, without ensuring the removal of structures including trees, plants required to be removed from the construction site, without ensuring the budget for the distribution of compensation or damages if so required, and without having approved the report on environmental study required to be conducted under the prevailing law.
(4) Notwithstanding anything contained in sub-rule (3), nothing shall bar the making of invitation to bids in cases where the environment study report is yet to be approved in the following circumstance:
(a) If it is to implement a project already approved at the time of commencement of sub-rule (3),
(b) If a decision is made by the Government of Nepal, Council of Ministers, to implement any special project.
(5) In the case of a procurement to be made in accordance with a multi-year contract, the public entity shall, in conducting the procurement actions for the other year pursuant to clause (a) of sub-rule (2), commence the procurement actions only after ensuring the required budget.