Step 33: Blacklisting
The Contractor may be blacklisted through the PPMO for 1 to 3 years for participating in bidding in following three situations: (a) if committed substantial defect in implementation of the contract, or (b) has not substantially fulfilled its contractual obligations, or (c) the completed work is not of the specified quality as per the contract and may be released from the blacklist on approved releasing criteria and PPMO shall maintained records of such cases refer▬► PPR-2007, Rule141, 142 and 143; [SBD (for medium contract for construction of bridge)Section IV,GCC: Clause 59: Blacklisting.]
PPR - 2007, Rule 141, 142 and 143
141. Blacklisting:
(1) If a Public Entity requires blacklisting a bidder, proponent, consultant, service provider, supplier, construction entrepreneur or other person firm, organization or company pursuant to Section 63 of the Act, it shall have to request in writing with details of statement and causes related thereto along with relevant documents, to the Public Procurement Monitoring Office.
(2) Upon receipt of the request pursuant to Sub-rule (1), the Public Procurement Monitoring Office may, if, having considered such statement, causes and documents determines that such bidder, proponent, service provider, consultant, supplier, construction entrepreneur, or any other person firm organization or company requires to be immediately debarred from participating in public procurement up to three years, can debar until the process under these Regulations is completed.
(3) If the Public Procurement Monitoring Office decides to debar pursuant to Sub-rule (2), it shall have to give notice thereof to the concerned bidder , proponent, consultant, service provider, supplier, construction entrepreneur or other person, firm, organization or company within seven days of such decision having been made and publish a notice publicly.
(4) Upon receipt of the request pursuant to Sub-rule (1), except in cases where a debarment is to be imposed forthwith pursuant to Sub-rule (3), the Public Procurement Monitoring Office shall have to send a notice to the concerned bidder, proponent, consultant, service provider, supplier, construction entrepreneur, or other firm, organization and company of a period of thirty days enclosing therewith the copy of the statement, causes and documents so received to submit the grounds, if any, for not including the name in blacklist.
(5) Upon receipt of the notice under Sub-rule (4) the concerned bidder, proponent, consultant, service provider, supplier, construction entrepreneur or other person, firm, organization or company shall have to submit explanation along with relevant documents describing reasons and grounds, if any for not enlisting in the blacklist.
(6) While submitting explanation pursuant to Sub-rule (5), the concerned bidder, proponent, consultant, service provider, supplier, construction entrepreneur, or other person, firm, organization or company may request the Public Procurement Monitoring Office for conducting joint hearing in the presence of him/her and the concerned Public Entity.
(7) Where a request is made pursuant to Sub-rule (6) for joint hearing and the Public Procurement Monitoring Office considers it appropriate to make such hearing, it shall have to serve a written notice as to the time and place of such hearing to the concerned Public Entity and bidder, proponent, consultant, service provider, supplier, construction entrepreneur and other person, firm organization or company.
(8) The Public Entity and the bidder, proponent, consultant, service provider, supplier, construction entrepreneur or other person, firm, organization or company that has received a notice pursuant to Sub-rule (7) shall have to be present at the Public Procurement Monitoring Office within the period specified pursuant to the said Sub-rule.
(9) If both the parties appear in accordance with the provision under Sub-rule (8), the Public Procurement Monitoring Office shall have to provide both the parties an opportunity to present their respective written or oral explanation.
Provided that the hearing shall not be adjourned for the only reason that any party has not attended.
(10) The Public Procurement Monitoring Office shall have to make a decision of blacklisting or not blacklisting having regard also to the hearing, where a hearing is made pursuant to Sub-rule (9) and where such hearing is not made, on the basis of the documents submitted by the concerned bidder, proponent, consultant, service provider, supplier, construction entrepreneur or other person, firm, organization or company.
(11) The Public Procurement Monitoring Office shall, while making decision pursuant to Sub-rule (10) to blacklist, give information in writing thereof to the concerned Public Entity and the bidder, proponent, consultant, service provider, supplier, construction entrepreneur or other person, firm, organization or company and publish in a newspaper of national circulation.
(14) The Public Procurement Monitoring Office shall have to complete the proceedings of blacklisting pursuant to these Regulations within six months of receipt of request relating thereto.
(15) If the Public Entity had, prior to commencement of these Regulations blacklisted or decided to blacklist a bidder, proponent, consultant, service provider, supplier, construction entrepreneur or other person, firm, organization or a company, such entity shall have to send information thereof to the Public Procurement Monitoring Office within thirty days of commencement of these Regulations .
142. Release From Blacklist:
(1) The Public Procurement Monitoring Office shall have to prepare criteria for releasing a bidder, proponent, consultant, service provider, supplier, construction entrepreneur from the blacklist pursuant to Section 63 of the Act from such blacklist.
(2) If a bidder, proponent, consultant service provider, supplier, construction entrepreneur, or other person, firm, organization or company requires to be released from blacklist pursuant to Sub-rule(1), the Public Procurement Monitoring Office shall have to release in accordance with the same criteria.
143. Records to be Kept:
The Public Procurement Monitoring Office shall have to keep in its office and web-site the updated records of the bidder, proponent, consultant, service provider, supplier, construction entrepreneur or other person, firm, organization or company that are debarred from participating in the procurement proceedings, automatic release from such debarment, blacklisted and released from the blacklist.
SBD
12.2 Project Completion Reports
A completion report is required for each construction contract, normally prepared by the supervision consultant. This report is called a works or contract completion report. In larger projects there may exist completion reports for several contracts as well as a combined "project completion report".
12.2.1 Contract Completion Report
This report summarises all important contract-related information including:
- Description of the contract including chronology of contract dates
- Design revisions, construction highlights, problems and solutions
- Financial summary showing payments, variation orders and claims paid
- Copies of taking-over and defects liability certificates
- Description of claims, including outstanding claims
- Recommendations for operation and maintenance of the completed works
- Description of consulting services and costs.
12.2.2 Project Completion Report
A project completion report shall be prepared for all projects. In simple construction projects, the project completion report will be the supervision consultant’s works or contract completion report above, to which the Project Manager may append additional information in a covering letter or brief report.
In more complex projects containing training, institutional strengthening as well as construction, the Project Manager shall prepare a more comprehensive completion report containing the following information:
- Description of the project including chronology of important dates
- Organisation arrangements including use of consultants, contractors, coordination with other ministries and local bodies
- Changes made in the scope of work or methodology during the project
- Financial summary
- Achievement of the original project objectives
- Coordination, land acquisition, resettlement problems and solutions
- Summary of social and environmental impacts monitored during implementation (long-term impacts will await ex-post monitoring and evaluation)
- Performance of consultants and contractors
- Recommendations for operation and maintenance of the project works.
The special requirements of project completion reports in donor-assisted projects are covered in Part II Chapter 17 Special Requirements of Donor-Assisted Projects.