PPA -2007, Chapter 4, clause 30

30. Short List to be Prepared by Soliciting Expression of Interest Openly:

(1) Where it is required to procure consultancy service that costs more than the prescribed threshold, the Public Entity, in order to solicit expression of interest from the persons, firms, organizations or companies that are interested in providing such consultancy services shall publish a notice in a newspaper of national circulation, giving a period of at least fifteen days, setting out the matters as prescribed.

(2) The notice under Sub-section (1) may be placed in the website of the concerned Ministry of the Public Entity or of the Public Procurement Monitoring Office.

(3) International level expression of interest shall have to be invited in the following circumstances:-
(a) To procure consultancy service, the cost of which exceeds the prescribed threshold,
(b) If the consultancy service as requisitioned by the Public Entity is not available under competitive price from more than one consultant within the State of Nepal,
(c) If no proposal has been submitted in response to invitation to national level proposal for the procurement of consultancy service, and the service has to be procured from any foreign consultant,
(d) If it is necessary to obtain services from a consultant under the foreign aid source by soliciting international expression of interest in accordance with an agreement with the donor party.

(4) While soliciting expression of interest under Sub-section (3), notice shall have to be published in English language.

(5) The Public Entity shall, upon evaluation, inter alia, of the qualification, experience and capacity of the intending proponents the expression of interest pursuant to Sub-section (1) or (3), make selection of generally three to six intending proponents and who can provide such consultancy service, and prepare a short list as prescribed.

(6) Where it is required to procure consultancy service the cost of which is less than the prescribed threshold, the Public Entity may prepare a list of the person, firm, organization or company that can provide such service, by fulfilling the procedures as prescribed, and shall solicit proposals pursuant to Section 31 from the person, firm, organization or company that have been included in that list, by fulfilling the procedures as prescribed.

PPR -2007, Chapter 6, clause 70

70. Short List to be Prepared by Inviting Open Expression of Interest:

(1) To procure a consultancy service valuing more than one million Rupees, a Public Entity shall have to invite an expression of interest by publishing a notice pursuant to Section 30 of the Act.

(2) If a consultancy service, generally of an amount valuing more than thirty million Rupees, requires to be procured, an international level expression of interest shall be invited.

(3) The notice inviting the expression of interest pursuant to Sub-rule (1) and (2) shall contain the following matters:-

• Name and address of the Public Entity,

• General descriptions of the proposed assignment and project,

• Source of funding for the proposed assignment,

• Qualifications of the intending proponents,

• If the intending proponent is a firm or company,

1. Descriptions, organization and employees of the firm or company,
2. If two or more firms or companies are to provide consultancy service as a group, organization or a joint venture, the name, address, profile of such firm or company and the name of lead company or firm,
3. Descriptions of the assignments of similar nature completed in the past five years and their location,
4. Curriculum vitae of the key personnel to be involved in the proposed assignment,

• In the case of an individual consultant, descriptions of the assignment of similar nature performed in the past three years and their location and his/her curriculum vitae,
• Estimated time required for completion of the proposed assignment,
• Statement that proposal relating to procurement of consultancy service shall be invited only from the short listed individual, firm, organization or company,
• Documents to be submitted by the person submitting expression of interest,
• Instruction to prepare the expression of interest and deadline and place for submission of expression of interest, and
• Address for contact to the Public Entity and the contact person.

(4) In inviting an international level expression of interest, the chief of the Public Entity shall have to obtain the approval from one level higher authority.

(5) The Public Entity shall have to select a consultant capable of providing such consultancy services by evaluating the qualifications, experience and capacity as well of those who have submitted applications pursuant to this Rule.

(6) While selecting an international level consultant, the Public Entity shall have to select firms or companies from different countries, backgrounds and having a local agent.

(7) The name of a renowned consultant, who has not submitted expression of interest pursuant to the notice under Sub-rule (1), may be included in the short list by contacting him/her.
(8) While selecting intending proponents pursuant to this Rule or for inclusion of names in the short list pursuant to Sub-rule (7), if at least three do not get selected, the Public Entity shall have to invite expression of interest by re-publishing a notice.

(9) If at least three consultants fail to be selected even after publishing a notice for the second time, the shortlist may be prepared of only the consultants to the extent selected.

(10) The Public Entity shall have to provide information of the list prepared as per this Rule to all the persons who have submitted expression of interest.

PWD Part II, Procedural Directives, Volume A 15.3, Step 3

Step 3. Advertising

The assignment should be advertised to attract prospective consulting consultants for shortlisting purposes. The information requested in the notice should be the minimum required to make a judgement on the consultant’s suitability and not so complex as to discourage consultants from expressing interest. The following guidelines apply:

• Where a series of consultant assignments are planned over an extended period, the Project Manager may prepare a general procurement notice to inform the consulting community and to invite general expressions of interest from consultants.
• For an individual assignment the project manager shall prepare a specific notice inviting expressions of interest.
• Notices shall be advertised national or in local level newspapers dependent on the assignment.
• Notices for large or specialised assignments requiring international consultants may be advertised in United Nations Development Business (UNDB), international newspapers or technical publications.
• If the client implementing agency has a website, the invitation for expression of interest should be posted on the website to provide wider accessibility over a longer period of time.
• Sufficient time (not less than 30 days) shall be provided for response from potential consultants.
• Where the FAR does not require shortlisting, advertising may be done directly for the proposals.
• Only a nominal charge will be applied for the shortlisting documents, sufficient to cover cost of reproduction.