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The Public Procurement Rules 2008 - LGED

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Interest or Proposals to be evaluated by the concerned Evaluation<br />

Committee,or<br />

(b) any other f interest that would not make possible for being neutral .<br />

10. Chair of the Evaluation Committee |— (1) <strong>The</strong> Evaluation Committee shall be<br />

chaired by -<br />

(a) an officer immediate below the rank of the Approving Authority, where the<br />

Approving Authority is at the level of a Project Director, Project Manager or an<br />

authorised officer as per the Delegation of Financial Powers at the regional,<br />

sub-regional, district; or upazila level;<br />

(b) the Approving Authority at the upazila or other levels, where there may be no<br />

class I officer below the Approving Authority;<br />

(c) an officer immediate below the rank of the Head of the Procuring Entity, where<br />

the Approving Authority is at the level of a Head of a Procuring Entity, or of the<br />

Chief Executive of a corporation, autonomous body or semi-autonomous body;<br />

(d) the Head of the Procuring Entity or the Chief Executive where the Approving<br />

Authority is at the level of a Board of Directors or of a Ministry or the Cabinet<br />

Committee on Government Purchase (CCGP);<br />

(e) an officer immediate below the Head of the Procuring Entity or the Chief<br />

Executive, if for any reason they are unable to chair a particular meeting of the<br />

Evaluation Committee;<br />

(f) an officer immediate below the rank of a Secretary In the case of a Ministry’s<br />

own <strong>Procurement</strong> where the Secretary is the Head of the Procuring Entity.<br />

(2) In cases where the companies, registered under the Companies Act, 1994 (Act No.<br />

18 of 1994), use public funds received through the Government Revenue or Development budget<br />

for undertaking any procurement, they shall follow their own administrative and financial<br />

delegations as applicable to them under the Companies Act with regard to chairing the meting of<br />

the Evaluation Committee.<br />

11. Approval of Tender or Proposal |— (1) <strong>The</strong> Approving Authority shall take<br />

decisions following Section 8 of the Act and in compliance with the provisions of the Act and these<br />

<strong>Rules</strong> on the recommendations of the Evaluation Committee. .<br />

(2) <strong>The</strong> Approving Authority, considering the overall recommendations of the Evaluation<br />

Committee , may either -<br />

(a) approve the recommendations; or<br />

(b) seek any clarification from the Committee through the Procuring Entity on any<br />

specific issues in connection with such recommendations; or<br />

(c) explaining the reasons -<br />

(i) reject the recommendations, and request the Committee for a reevaluation;<br />

or<br />

(ii) reject the recommendations, and issue instructions to reprocess the<br />

<strong>Procurement</strong> in accordance with the provisions of the Act and these <strong>Rules</strong>.<br />

(3) In cases where the companies, registered under the Companies Act, 1994 (Act No.<br />

18 of 1994), use public funds received through the Government Revenue or Development budget<br />

for undertaking any procurement, they shall follow their own administrative and financial<br />

delegations as applicable to them under the Companies Act with regard to approval of the<br />

Evaluation Report and Award of contract.<br />

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