(1) A notice for invitation to bids or prequalification
proposals shall have to be published in a daily newspaper of national circulation
and, in the case of an international bid; it may also be published in any
international communication media.
(2) The notice as referred to in Sub-section (1) shall be placed in the
website of the concerned entity or that of the Public Procurement Monitoring
Office, in the case of a central level Public Entity, and in the case of a district
level Public Entity, such notice may be placed in the website of that body or
that of the Public Procurement Monitoring Office.
(3) A notice on invitation to bid or prequalification proposal shall
contain the following matters:-
(a) The name and address of the Public Entity inviting bid,
(b) The nature of and time limit for procurement work and the
place of delivery of the goods to be supplied, the services to be
delivered and the construction work to be performed,
(c) If bid security is required, the amount and validity period
thereof,
(d) Where bid security is required, the amount and validity period
of the bid,
(e) The place, manner of obtaining the bidding documents or
prequalification documents, and the fees charged therefor,
(f) The place, manner, the deadline for the submission or
forwarding of the bidding documents or prequalification
documents,
(g) The place, date and time for the opening of bids, and matter
that the bidders or their authorized agents shall be invited to
attend the opening of bid, and
(h) Other matters as prescribed.
(4) In publishing a notice under Sub-section (1), for invitation of national
level bidding or prequalification proposals, a period of at least thirty days shall
be given and at least forty five days shall be given in the case of a notice on
invitation that of international level bidding or prequalification proposals.
(5) While stating the place from which the bidding documents or
prequalification documents can be obtained pursuant to clause (e) of Sub-
section (3), provision shall have to be made for obtaining such documents from
two or more than two public entities.
(6) While stating the place for submitting or forwarding the bidding
documents or prequalification documents pursuant to clause (f) of Sub-section
(3), provision shall be made that such documents shall be submitted or
forwarded to only one Public Entity.
(7) Where any Public Entity, bidder or proponent requests for security
for submitting or forwarding the bid or prequalification proposal pursuant to
Sub-section (6), the concerned District Administration Office shall mandatorily
make security arrangements immediately.
(8) In making procurement through an international level bidding, the
Public Entity may give domestic preference to the Nepalese entrepreneurs and
businesspersons as prescribed, and where domestic preference is to be so given,
that matter shall be set forth in the notice on invitation to bid and the bidding
documents.
Provided that, in the case of procurement of construction work,
preference may be given pursuant to Sub-section (1) of Section 12 of the
Construction Entrepreneur Act, 1958.
(9) A foreign bidder, while submitting bid, shall have to state whether
he/she has appointed any agent in the State of Nepal or not.
(10) Where an agent is appointed pursuant to Sub-section (9), the details
as prescribed in relation to the agent shall also be set forth in the bid.
(11) Notwithstanding anything contained elsewhere in this Section,
where a foreign bidder enters into joint venture with a domestic construction
entrepreneur, in the case of procurement of public construction work,
preference may be given to such a foreign bidder.