Public Procurement Regulations Amendment: Incomplete contracts can be extended for the last time
लगानी न्यूज
. KATHMANDU: The government has made the 15th amendment to the Public Procurement Regulations, 2064. The amendment has made special provisions to extend the deadline of public procurement agreements that are incomplete due to various reasons.
According to the Public Procurement (Fifteenth Amendment) Regulations, 2083 published in the Nepal Gazette, the new provision has been implemented by replacing the old Rule 120.TAG_OPEN_div_34 As per the new provision, the contracts that have not been completed within the stipulated time can be extended due to reasons such as postponement of implementation by the Government of Nepal or public agency, lack of budget allocation, delay in timely payment due to lack of budget or compensation events mentioned in the agreement.
To get this facility, suppliers, contractors, consultants or service providers of projects with at least 50 percent physical progress and whose deadline has already been extended but whose deadline has expired or whose deadline has expired in the fiscal year 2082/83 BS will have to apply to the concerned public body within 30 days from the date of implementation of the regulation.TAG_OPEN_div_32
} Along with the application, the pending work, the reasons for the delay, the revised schedule, the agreement to ensure the completion of the work and the commitment not to make any additional financial claim due to the extension of the deadline have also been submitted.
The head of the public body may, if necessary, revise the submitted schedule and extend the deadline for the last time on the basis of the actual required period. Prior to this, it will have to be ensured that the period of performance guarantee, insurance and advance guarantee will be maintained.
Regulations stipulate that the decision regarding the extension of the deadline should be made within 30 days of receipt of the application. As per the existing law, departmental action will be taken against the officials or employees who fail to take decision within the stipulated time.
The predetermined compensation will not be applicable during the extended period. However, if the application for extension of the deadline is not submitted within the stipulated time or if the work is not completed within the extended period, the purchase agreement will be terminated.
In such a situation, the performance guarantee will be forfeited and the concerned supplier, contractor, consultant or service provider will be written to be blacklisted as per Clause 63 of the Public Procurement Act, 2063.TAG_OPEN_div_22
The concerned Ministry shall regularly monitor whether or not the progress of the works has been made as per the schedule during the extended period.TAG_OPEN_div_20 Further, the period of extension shall be calculated from the date of decision and the time elapsed till that date shall be deemed to have been automatically extended. The amended regulation also provides that the milestones can be revised as per the need in the agreements.
The government has stated that through this amendment, it aims to provide legal ease to complete the development projects that have been stalled or delayed due to various reasons.TAG_OPEN_div_18
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