1. Enhancing Procurement Efficiency: Litigation Issues, Standard Bidding Documents and eGP
Shakti Prasad Shrestha
March 21, 2018

2. Content: Contract Management Provisions (Consulting Service)
Litigation issues
PPMO Standard Bidding Documents for Works, Goods and Consulting Services
Government Electronic Procurement System (eGP)
General Procurement Related Issues

3. Contract Management Provisions (Consulting Service)

4. Contract Management Effectiveness of Contract Extension of Time (EoT)
Termination of Contract
Insurance, professional liability insurance
Proprietary Rights
Replacement/Removal of Key Experts
Assistance and Exemptions

5. Contract Management (Contd..)
Access to Project Site/Services, Facilities and Property of the Client/Counterpart Personnel
Payment Obligation
Interest on Delayed Payments
Blacklisting
Liquidated Damages
Claims and Settlement of Disputes
Resolution of Disputes

6. Litigation issues

7. Litigation issues Litigation meaning:
Litigation is legal method for settling controversies or disputes between PE and contracting parties.
The process of taking legal action
The process of taking a case to a legal Authority so that a judgment can be made.
Where dissatisfaction between Parties could not be settled amicably.

8. Litigation issues (Contd..)
Litigation issues in Consulting service is rear as compared with the Works Contract.
Mainly issues are relating with:
Liquidated Damages
Termination of contract
Blacklisting

9. PPMO Standard Bidding Documents for Works, Goods and Consulting Services

10. PPMO Standard Bidding Documents:
Procurement of Goods (NCB),
Procurement of Goods (NCB) Nepali version,
Procurement of Goods (ICB)
Procurement of Works (NCB) 20 M 1 Billion (two envelope)
Procurement of Works (NCB) 2 M 20 M (Non-qualification)
Procurement of Works (NCB) 2 M 20 M (Qualification)

11. PPMO Standard Bid Documents (Goods):
A Bid Document (Goods) normally includes:
Invitation for Bids
Instructions to Bidders
Bid Data Sheet
Evaluation and Qualification Criteria
Bidding Forms 
Schedule of Requirements
Contract Forms
General Conditions of Contract
Special Conditions of Contract

12. PPMO Standard Bid Documents (Works):
A Bid Document (Works) normally includes:
Invitation for Bids
Instructions to Bidders
Bid Data Sheet
Evaluation and Qualification Criteria
Bidding Forms 
Works Requirements,
Bill of Quantities
General Conditions of Contract
Special Conditions of Contract
Contract Forms

13. PREPAREATION OF BIDDING DOCUMENTS:
BIDDING DOCUMENTS SHALL CLEARLY SPECIFY DETAILS OF INFORMATION TO BE PROVIDED TO THE BIDDER.
SCHEDULE OF REQUIREMENTS/WORKS REQUIREMENTS,
PROCEDURES OF BUYING BD, SUBMISSION, WITHDRAWALS, MODIFICATIONS
ELIGIBILITY REQUIREMENTS,
QUALIFICATION REQUIREMENTS,
CONTRACT CONDITIONS

14. Preparation of Bidding Document:
BIDDING DOCUMENTS SHALL INDICATE:
NATURE & TIME OF PROCUREMENT,
TECHNICAL SPECIFICATIONS,
CONTRACTUAL TERMS,
BIDDERS’ QUALIFICATION REQUIREMENTS,
DETAILS OF SITE VISITS AND PRE-BID CONFERENCE,
INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF BIDS,
HOW TO SHOW PRICES AND CURRENCIES,

15. Preparation of Bidding Document: – Contd…
PREFERENCE FOR ANY DOMESTIC GOODS AND WORKS, GROUPING OF LOTS IF ANY,
WHETHER ALTERNATIVES ARE ACCEPTABLE,
VALIDITY OF BIDS,
BID SECURITY & PERFORAMCE AND OTHER SECURITIES,
CONFLICT OF INTEREST RESTRICTIONS AND ANTI-FRAUD AND CORRUPTION RULES,
APPEAL/CHALLENGE/REVIEW PROCEDURES ON DECISION OF BANK, ETC.

16. Open bid through ICB:
Bid Document in English,
Payment in foreign currency
Bid submission time - at least 45 days
For the supply of Goods - use of INCOTERMS

17. PPMO Standard Consulting Documents (Contd..):
RFP Selection of Consultants (Lump-sum),
RFP Selection of Consultants (Time based),
EOI Document

18. PPMO Standard RFP Documents:
A RFP Document normally includes:
Letter of Invitation,
Information to Consultants,
Data Sheet,
Forms to be used in the Technical and Financial Proposals,
Terms of Reference
Form of Contract,
General Conditions of Contract,
Special Conditions of Contract

19. PPMO Standard EOI Documents:
A EOI Document normally includes:
Request for Expression of Interest,
Instructions for submission of Expression of Interest,
Objective of Consultancy Services or Brief TOR,
Evaluation criteria for EOI Application,
EOI Forms & Formats

20. Government Electronic Procurement System (eGP):

21. Government Electronic Procurement System (eGP): (https://www. bolpatra

22. Legal Framework:
Public Procurement Act, 2063 (PPA) has provision to use Electronic Communication (ICT) for public procurement transaction to achieve the objective of public procurement.
Public Procurement Regulations, 2068 (PPR) mandated PPMO to develop, operate and manage single and national e-GP system.

23. Amendment in PPR Rule No 146:

24. Notice on Gazette for the use of e-GP System

25. Notice on Gazette for the use of e-GP System (Contd..)

26. Functional Coverage of National e-GP System

27. Stakeholders of e-GP System:

28. General Procurement Related Issues

29. General Procurement Related Issues:
Procurement Unit in PE is not effective,
No effective bid preparation,
Cartelling,
Limiting competition demanding high qualification criteria,
Bid evaluation not in accordance with pre-disclosed criteria

30. General Procurement Related Issues (Contd..):
Errors in the evaluation process
No adequate trainings,
No Guidelines,
Lack of compliance of PP legislation,
Increase in cost and time,
Decrease in quality of works,
Less importance in contract management

31. Bid Evaluation/K R Acharya
Thank You For Your Attention
Welcome to Your Querries 31