Rule 19
Provisions Relating To Implementation Of Project By Negotiations
(1) A person who intends to implement a project by negotiations pursuant
to Section 9 of the Act, has to submit to the Ministry an application setting
out the following matters:
(a) The name and address of the applicant,
(b) If the applicant is a company, the name and address of
such company, year of its incorporation, its
organizational structure, ownership and main area of
business,
(c) The name of the project intended to be implemented,
modality and short details thereof,
(d) The details relating to the utility and feasibility of the
project,
(e) The details relating to the financial and technical
capacity and experience of the applicant to implement
the project,
(f) The machine, equipment and manpower available to
implement the project,
(g) The reasons for the implementation of the project by
negotiations.
(2) The Ministry may, if it so deems necessary on examination of
the application received pursuant to Sub-rule (1), require additional
documents or details from the applicant.
(3) If it appears, on examination of the application received pursuant
to Sub-rule (1), that the proposed project appears to be useful and feasible,
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that the applicant has the financial and technical capacity and experience to
implement the project and that the project is suitable for being implemented
by negotiation pursuant to the provisions contained in Sub-section (2) of
Section 8 of the Act, the Ministry has to forward the details, along with the
received application, and also accompanied by its opinion, to the
Committee.
(4) The Committee has to examine the details along with the
application received pursuant to Sub-rule (3) and send its opinion as to
whether or not it is proper to implement that project by negotiations.
(5) If the Committee recommends for implementing the project by
negotiations pursuant to Sub-rule (4), the Ministry has to submit the project
details to the Government for the approval of the project.
(6) If, on examination of the project details received pursuant to
Sub-rule (5), it appears reasonable to implement the proposed project by
negotiations, the Government of Nepal shall give approval to implement
that project by negotiations.
(7) If the Government of Nepal gives approval to implement the
project by negotiations pursuant to Sub-rule (6), the Ministry may specify
the time limit and invite a financial proposal along with the details from the
applicant, pursuant to Sub-section (2) of Section 6 of the Act; and the
applicant has to submit the details and the financial proposal as referred to
in Sub-rule (3) of Rule 15 to the Ministry within the specified time limit.
(8) If, on examination of the financial proposal along with the details
received pursuant to Sub-rule (7), it appears reasonable to give permission
to the applicant to implement the project, the Ministry has to make decision
to that effect and give information thereof to the concerned applicant.