Section 67: Procurement process under this Act not to be applied

1) Notwithstanding anything contained elsewhere in this Act, the procurement process under this Act need not be applied under the following conditions:

(a) If the Government of Nepal decides that it is not appropriate from the perspective of national security or defence to make a security, strategic or defence-related procurement by adopting the procedure under this Act, or

(b) If the procurement is required to be made in accordance with the procurement guidelines of that party pursuant to an agreement between the Government of Nepal and the donor party,

(c) If any goods or services are required to be purchased by a designated public body that conducts business in competition with the private sector for the purpose of conducting business,

(d) If any goods or services are required to be purchased abroad for social, cultural programs or industrial, economic, technological demonstration and promotion, such as fairs, festivals, trade fairs or exhibitions,

(e) If goods or services are required to be purchased by a public body such as a Nepali embassy or mission located abroad,

(f) If any aviation or aircraft-related equipment is required to be purchased by a public body approved to operate an air service.

2) While making a decision pursuant to clause (a) of sub-section (1), the Government of Nepal shall specify the reasons for the procurement and shall also determine a separate procedure related thereto.

3) The public body shall formulate the necessary procedure for the procurement pursuant to clauses (c), (d), (e) and (f) of sub-section (1) and shall implement it with the consent of the Public Procurement Monitoring Office.

4) The procedure formulated by the public body pursuant to clause (3) shall include matters such as the business plan, life cycle and net present value for the procurement in accordance with clause (f) of sub-section (1).