Section 70
Short List To Be Prepared By Inviting Open Expression Of Intent
(1) A public entity shall, in order to procure a consultancy service the cost of which exceeds two million rupees, invite expression of intent by publishing a notice pursuant to Section 30 of the Act.
(2) If a consultancy service of an amount exceeding hundred million rupees is to be procured, generally an international expression of intent shall be invited.
(2a) If a consultancy service the cost estimate of which exceeds two million rupees but not exceeding hundred million rupees is to be procured in the circumstance other than that referred to in Section 15 of the Act, expression of intent shall be invited upon having competition only between domestic proponents expressing such intent.
(3) The notice inviting expression of intent pursuant to sub- rules (1) and (2) shall set out the following matters:
(a) Name and address of the public entity,
(b) General description of the proposed work or project,
(c) Source of funding for the proposed work,
(d) Qualifications of the intent expressing proponent,
(e) In the case of the intent expressing proponent being a firm or company,
(1) Description, organization and employees of the firm or company,
(2) If two or more firms or companies are to provide the consultancy service as a group, organization or joint venture, the name, address, description of such firms or companies, and the name of lead firm or company,
(3) Description of the work of similar nature completed in the last seven years and their location,
(4) Bio-data of the key human resource to be involved in the proposed work,
(f) In the case of an individual consultant, description of the work of similar nature
completed in the last four years and their location and his or her bio-data,
(g) Estimated time required for the completion of the proposed work,
(h) Matter that proposals relating to procurement of consultancy service shall be invited only from the short-listed persons, firms, organizations or companies,
(i) Documents to be submitted by the intent expressing proponent,
(j) Instructions to prepare the expression of intent and deadline and place for the submission of expression of intent, and
(k) Address for contact with the public entity and contact person.
(4) The public entity shall, in inviting international expression of intent, obtain approval from one level higher authority.
(5) The public entity shall select a consultant capable of providing such consultancy service after evaluating, inter alia, the qualification, experience and capacity of those who have submitted expression of intent pursuant to this Rule, and also ascertaining the criteria for evaluation of their qualification, experience and capacity.
Provided that no accepted criteria for evaluation may be changed and evaluation be made after the submission of the expression of intent.
(6) The public entity shall, while selecting an international expression of intent, select a firm or company from various countries, background and a local ….. firm or company.
(7) The name of a reputed consultant who has not submitted expression of intent pursuant to the notice referred to in sub-rule (1) may be included in the short-list upon making contact with him or her.
(8) If, in selecting intent expressing proponents pursuant to this Rule or including the name pursuant to sub-rule (7), at least three intent expressing proponents cannot be selected, the public entity shall invite expression of intent by re-publishing a notice.
(9) If at least three intent expressing proponents cannot be selected even after publishing the notice for the second time, the list may be prepared including only the intent expressing proponents who have been selected.
(10) The public entity shall give information as to the list prepared pursuant to this Rule to all the proponents who have submitted expression of intent.
(11) If, in the case of procurement of a consultancy service pursuant to sub-rule (2), a foreign intent expressing proponent makes a joint venture with a domestic consultant person, firm or company, preference may be given to such a foreign proponent.
Provided that, in so maintaining a joint venture, the joint venture cannot be so maintained as to be overlapping.
(12) In evaluating the capacity pursuant to sub-rule (5), it shall be so evaluated on the basis of the turnover that it does not exceed one hundred fifty percent of the total cost estimate of the consultancy service.
(13) In selecting the intent expressing proponent pursuant to sub-rule (5), such selection shall be so made that the work is completed within the period referred to in Rule 54A.
(14) If, with respect to the selection of the intent expressing proponent pursuant to this Rule, any intent expressing proponent requests the public entity for the marks obtained by him or her and the reason why he or she could not be included in such selection, it shall, not later than five days, give the intent expressing proponent information as to the marks obtained by him or her and the reason why he or she could not be selected.
(2) If a consultancy service of an amount exceeding hundred million rupees is to be procured, generally an international expression of intent shall be invited.
(2a) If a consultancy service the cost estimate of which exceeds two million rupees but not exceeding hundred million rupees is to be procured in the circumstance other than that referred to in Section 15 of the Act, expression of intent shall be invited upon having competition only between domestic proponents expressing such intent.
(3) The notice inviting expression of intent pursuant to sub- rules (1) and (2) shall set out the following matters:
(a) Name and address of the public entity,
(b) General description of the proposed work or project,
(c) Source of funding for the proposed work,
(d) Qualifications of the intent expressing proponent,
(e) In the case of the intent expressing proponent being a firm or company,
(1) Description, organization and employees of the firm or company,
(2) If two or more firms or companies are to provide the consultancy service as a group, organization or joint venture, the name, address, description of such firms or companies, and the name of lead firm or company,
(3) Description of the work of similar nature completed in the last seven years and their location,
(4) Bio-data of the key human resource to be involved in the proposed work,
(f) In the case of an individual consultant, description of the work of similar nature
completed in the last four years and their location and his or her bio-data,
(g) Estimated time required for the completion of the proposed work,
(h) Matter that proposals relating to procurement of consultancy service shall be invited only from the short-listed persons, firms, organizations or companies,
(i) Documents to be submitted by the intent expressing proponent,
(j) Instructions to prepare the expression of intent and deadline and place for the submission of expression of intent, and
(k) Address for contact with the public entity and contact person.
(4) The public entity shall, in inviting international expression of intent, obtain approval from one level higher authority.
(5) The public entity shall select a consultant capable of providing such consultancy service after evaluating, inter alia, the qualification, experience and capacity of those who have submitted expression of intent pursuant to this Rule, and also ascertaining the criteria for evaluation of their qualification, experience and capacity.
Provided that no accepted criteria for evaluation may be changed and evaluation be made after the submission of the expression of intent.
(6) The public entity shall, while selecting an international expression of intent, select a firm or company from various countries, background and a local ….. firm or company.
(7) The name of a reputed consultant who has not submitted expression of intent pursuant to the notice referred to in sub-rule (1) may be included in the short-list upon making contact with him or her.
(8) If, in selecting intent expressing proponents pursuant to this Rule or including the name pursuant to sub-rule (7), at least three intent expressing proponents cannot be selected, the public entity shall invite expression of intent by re-publishing a notice.
(9) If at least three intent expressing proponents cannot be selected even after publishing the notice for the second time, the list may be prepared including only the intent expressing proponents who have been selected.
(10) The public entity shall give information as to the list prepared pursuant to this Rule to all the proponents who have submitted expression of intent.
(11) If, in the case of procurement of a consultancy service pursuant to sub-rule (2), a foreign intent expressing proponent makes a joint venture with a domestic consultant person, firm or company, preference may be given to such a foreign proponent.
Provided that, in so maintaining a joint venture, the joint venture cannot be so maintained as to be overlapping.
(12) In evaluating the capacity pursuant to sub-rule (5), it shall be so evaluated on the basis of the turnover that it does not exceed one hundred fifty percent of the total cost estimate of the consultancy service.
(13) In selecting the intent expressing proponent pursuant to sub-rule (5), such selection shall be so made that the work is completed within the period referred to in Rule 54A.
(14) If, with respect to the selection of the intent expressing proponent pursuant to this Rule, any intent expressing proponent requests the public entity for the marks obtained by him or her and the reason why he or she could not be included in such selection, it shall, not later than five days, give the intent expressing proponent information as to the marks obtained by him or her and the reason why he or she could not be selected.