PWD Vol-2, Chapter-9, Step 6 Page 9-18

Step 6.7 Approval

Table 9.5 lists those officials who shall be authorised to accept the recommendation to award the contract to the lowest evaluated responsive bid in the amount as mentioned below in accordance with FAR Rule 73(1).

HMG/N Official	Level of authority to approve: 1. Pre-qualified bidders 2. Bidding documents 3. Recommendation of the Bid Evaluation Committee
Office In-charge in the rank of Gazetted Third Class.	Up to NRs. 10 million
Office In-charge in the rank of Gazetted Second Class.	Up to NRs. 20 million
Office In-charge in the rank of Gazetted First Class	Up to NRs. 50 million
Department Head	More than NRs. 50 million

PPA 2007; Chapter 3, Section27 and 28

27. Acceptance of Bid and Procurement Contract:

(1) The Public Entity shall select for acceptance only the lowest evaluated substantially responsive bid in accordance with Section 25.

(2) Within seven days of the selection of the bid pursuant to Sub-section (1), the Public Entity shall serve a notice of the intent of acceptance of his or her bid to the concerned bidder. Information regarding the name, address of the bidder whose bid has been so selected and the price of the bid shall also be communicated to the other bidders.

(3) If no bidder makes an application pursuant to Section 47 within a period of seven days of providing the notice under Sub-section (2), the bid of the bidder selected pursuant to Sub-section (1) shall be accepted and a notice shall be communicated to the bidder to furnish the performance security to conclude the procurement contract within fifteen days.

(4) The concerned bidder shall have to furnish the performance security and sign the procurement contract under Section 52 within the period set forth in Sub-section (3).

(5) If the bidder fails to furnish the performance security and sign the procurement contract within the period under Sub-section (3), the bid security of that bidder shall be forfeited, and the bid of the other immediately next lowest evaluated substantially responsive bidder shall be accepted and the procurement contract concluded.

(6) If even the bidder under Sub-section (5) fails to furnish the performance security and sign the procurement contract, the bid of the other immediately next lowest evaluated substantially responsive bidder, respectively, shall be accepted, and a notice shall be served to that bidder for concluding the procurement contract pursuant to this Section.

(7) If, within thirty days of the communication of the notice as referred to in Sub-section (2), any bidder whose bid has been rejected requests for grounds for the rejection of its bid, the Public Entity shall have to communicate such information to that bidder.

28. Two-Stage Bidding:

(1) Two-stage biding may be invited in the following conditions:-
(a) When it is not feasible to define fully the technical aspects of the goods or construction works or services to be procured or the terms and conditions of the procurement contract at the time of the invitation to bid, or
(b) Because of the complex nature of the goods or construction works or services to be procured, if it is necessary for the Public Entity to discuss with the bidders about how to resolve the problems related to various technical aspects or the procurement contract and about such technical aspects and conditions of contract and benefits accruing there from.

(2) While inviting the first stage bid pursuant to this Section, the bidding documents shall state the purpose of procurement, expected performance, broad specifications and other broad features and the qualification of bidders, and state that bidder shall not be required to quote the price in his/her bid and shall submit only technical proposal and comments on the terms and conditions of the proposed procurement contract.

(3) The Public Entity may hold discussions with any or all bidders in relation to the bids submitted in response to the invitation to bid made pursuant to Sub-section (2).

(4) The Public Entity may, also taking into account the discussions held in pursuance to Sub-section (3), do the following in relation to the bids submitted pursuant to Sub-section (2):
(a) Canceling a proposal relating to a bid that fails to meet the basic requirements required to be met in relation to procurement or fails to make minimum performance or fails to complete the work within the specified period or that cannot be modified to meet such requirements or to make such performance or to complete the work within the specified period or due to any other weakness,
(b) Modifying or improving the technical specifications, evaluation criteria and terms and conditions of the procurement contract in order to increase competition,
(c) Determining the evaluation system in order to determine the appropriateness of various options submitted by the bidders.

(5) After the completion of the acts as referred to in Sub-section (4), the Public Entity shall make invitation to second stage bid. In making such invitation to bid, the bidders whose bids have not been cancelled pursuant to the said Sub-section shall be invited to submit bid along with price in accordance with revised bidding documents.

(6) The second-stage bidding proceedings to be carried out pursuant to Sub-section (5) shall be carried out pursuant to the provisions contained in this Chapter except for those provided for in this Section.

PPR-2007, Chapter 5, Rule 67

67. Authority to Approve the Bid:

(1) The power to approve the bid for the following amount shall be of the following officials:-

(a)	Up to ten million Rupees	Gazetted Third Class Office Chief
(b)	Up to thirty million Rupees	Gazetted Second Class Office Chief,
(c)	Up to seventy million Rupee	Gazetted First Class Office Chief,
(d)	More than seventy million Rupees	the Departmental head.

(2) Notwithstanding anything written in sub Rule (1), the secretary or administrative chief of a constitutional organ or body, ministry, secretariat and other offices of such nature may approve the bid for any amount whatsoever for the procurement of his/her office.