Section 31: Soliciting Proposals

1) After a short list has been prepared pursuant to Section 30, the Public Entity shall request proposals from intending proponents, by giving a period of at least thirty days, sending the documents relating to the proposal, as prescribed, to the intending proponents who are short-listed.

2) The documents relating to the proposal under in sub-section (1) shall contain the following matters:

(a) The name and address of the Public Entity,

(b) The nature of the services to be procured, the time and place when and where the services are to be provided, the terms of reference of the services, the task to be completed and expected outputs,

(c) Instructions to the proponent to prepare a proposal,

(d) Matters that the technical and the financial proposals have to be sealed in separate envelopes, each of which has to clearly indicate the type of proposal outside it and that both envelopes have to be sealed in a separate envelope and that the required services have to be mentioned thereon,

(e) Technical and financial evaluation weightage,

(f) The criteria and weightage marks for the evaluation and comparison of the proposal,

(g) Conditions of the procurement contract,

(h) The place, date and time for the submission of proposals,

(i) Method for the selection of proposals,

(j) Statement that proposals shall not be processed in the event of conflict of interest and information relating to legal action if fraud or corruption is committed,

(k) Provision that a proponent may make an application for review, against any error or decision made by the Public Entity in carrying out proposal proceedings, and

(l) Other matters as prescribed.

3) In setting forth in the documents relating to proposals under sub-section (1), the criteria for the evaluation of a proposal pursuant to clause (f) of sub-section (2), any or all of the following criteria shall be set forth as required for the evaluation of a technical proposal:

(a) Experience of consultants in the task to be performed by consultants,

(b) The quality of the proposed methodology for the performance of the task by the consultants,

(c) The qualification of the proposed key human resources,

(d) Provision of knowledge and technology transfer,

(e) In the case of international level proposals, the details of the key Nepalese human resources proposed for the performance of the task.

4) In setting forth in the documents relating to proposals under Sub-section (1), the method for the selection of proposals pursuant to clause (i) of Sub-section (2), it shall be set forth which of the following methods shall be used for the selection of proposals:

(a) Quality and cost method,

(b) Quality method,

(c) Fixed Budget method, or

(d) Least cost method.

5) Notwithstanding anything contained in Sub-section (4), where the nature of the consultancy services to be procured is exceptionally complex or such services are likely to have considerable impact on future projects or national economy, the selection of proposals may be made exclusively on the basis of the quality method, as prescribed.