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Himachal Pradesh

National PPP Policy 2011 - Draft for Consultation


CHAPTER IV: PROJECT PROCUREMENT PLANNING
Rule

Rule 31: Formation of Tender Evaluation Committee
Rule 32: Appointment of Independent Monitor
Rule 33: Developing the procurement plan
Rule 31: Formation of Tender Evaluation Committee
  1. The Contracting Authority shall form a Tender Evaluation Committee for evaluation of Responses received as part of the Tender Proceedings.
  2. The membership of the Tender Evaluation Committee shall consist of:
    1. The head of the Contracting Authority or nominated representative, who shall serve as the chairman of the committee;
    2. Representative of Ministry of Finance, or equivalent department in case of Type II PPP Projects;
    3. Secretary of the line ministry or nominated representative;
    4. Head of PPP Cell of the line ministry or nominated representative;
    5. Other members as considered necessary; and
    6. Invitees, as deemed necessary by the chairman.
  3. Each member of Tender Evaluation Committee shall declare that they have no conflict of interest in the PPP Project. In case any member of the Tender Evaluation Committee has any conflict, then such member shall forthwith, without any delay disclose details of such conflict in the format set out in Appendix A. 9.
Rule 32: Appointment of Independent Monitor
  1. The Contracting Authority shall appoint an Independent Monitor to oversee and ensure the transparency in the Tender Proceedings and public budget allocation processes.
  2. The Contracting Authority shall
    1. provide complete information, documentation and other information related to the PPP Project to the Independent Monitor in a timely and transparent manner.
    2. extend co-operation and necessary support as may be required by the Independent Monitor for discharging its role under the Rules.
  3. The Independent Monitor shall be a representative of Ministry of Finance or from the Ministry of Law, or a representative of equivalent department in case of Type II PPP Projects, or from an independent audit firm, or an independent expert or body of repute.
  4. The Independent Monitor shall:
    1. Monitor and record the conduct of the participants and the proceedings during the procurement and contract finalisation stages; and
    2. Review all documentation and attend all internal and external meetings.
    3. not approve any decision or document. It has the responsibility to certify that the preparation and procurement of a PPP Project is in conformance with the Rules.
    4. report directly to the Approving Authority or any entity to which such power has been expressly delegated by the Approving Authority.
    5. submit an independent report to the Approving Authority or any entity to which such power has been expressly delegated by the Approving Authority to verify that activities have been conducted as per the provisions of the Rules and document deviations or exceptions if any.
Rule 33: Developing the procurement plan
The Project Officer shall develop the procurement plan to undertake the procurement process.
  1. The Project Officer shall develop the procurement plan to undertake the procurement process.
  2. The procurement plan shall
    1. define each stage of the procurement process in accordance with the procurement method selected.
    2. lay down the schedule of the procurement process. The Contracting Authority shall comply with the schedule;
  3. The Contracting Authority shall bring any deviations therefrom to the notice of the PPPAC for Type I PPP Projects and relevant Approving Authority for Type II PPP Projects.
  4. The Contracting Authority shall make public this schedule on its website.
  5. Procurement plan shall be submitted to DEA for Type I PPP Projects and the relevant Approving Authority for Type II PPP Projects along with other requisite document at the time of seeking in-principle approval.
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