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 4

Step 4. Shortlisting of Consultants

The short list, where applicable, will be drawn up from the list of consultants who expressed
interest in a specific assignment, or responded to the general procurement notice. The principle
of ensuring sufficient competition in the field of assignment is central while establishing the short
list. The following guidelines apply:

• The project manager shall be responsible for the preparation of the short list of consultants.
• Priority shall be given to consultants expressing interest and possessing relevant qualifications.
• The final short list may also include well-qualified consultants that did not respond to the expression of interest if there is a requirement to make up a minimum number.
• Expression of interests submitted by email should be permitted, provided they contain the necessary information requested in the notice of invitation.
• Foreign consultants that have expressed interest should not be excluded from consideration provided they submit a certificate of agreement to work jointly with a domestic consultant.
• The short list may consist of 3 to 5 consultants that are considered most qualified with a reasonably balanced geographical spread if possible. All consultants must comply with the eligibility criteria and score more than 50% on the ranking criteria shown below.

Table 15.2 Short List Criteria

Eligibility Criteria (Pass/Fail)	Compliance
Corporate Registration	Yes/No
Registration with Professional Societies	Yes/No
Tax Clearance	Yes/No
VAT Registration	Yes/No
Minimum Years of Standing	Yes/No
Ranking Criteria (Out of 100%)	Weight
General Experience of Consultant	20-30%
Experience in Similar Projects	30-50%
Experience in Similar Geographical Area	10-15%
Availability of Staff with Suitable Qualifications	10-15%
Works in Hand	5-10% (Negative)
Financial Capability	5-10%
Equipment and Facilities	5-10%
Commitment for Code of Ethics	2-3%
Commitment for Adherence to Anti-corruption Policy	2-3%
Total	100 %