PROCUREMENT OF INTELLECTUAL AND PR

OFESSIONAL SERVICES (Rules-103-112)

 Goods/Works & Services
Differences
Goods/Works Services

Product based-physical Knowledge based-

deliverables intellectual deliverables
Open followed by short
Open competition
listing
Public opening of Non-public opening of
Tenders technical proposals
Price is a major Quality is a prime
evaluation factor evaluation factor
Short-listing is a particular characteristic
 Goods/Works & Services
Differences
Goods/Works Services
Detailed specifications Terms of references

Single envelope Two envelope

No negotiation (except direct Negotiations mandatory

procurement)

Tender documents (TD) Request for proposals (RFP)

Tender and performance No such securities but

securities indemnification
 Uses of Consultants

• Master plans • Project management

• Feasibility studies
• Design studies
• Tender Document
• Procurement assistances
• Construction supervision
• Quality management
• Policy and strategy
• Institution building
• Training
 Procurement Methods

Preferred Methods
Two options according to nature & complexity

• Quality and Cost Based Selection (QCBS)

– Consider the quality and cost of the services
• Fixed Budget Selection (FBS)
– Available budget is fixed

Rule-103 (4)
 Other Methods
Relates to PE’s requirements (Rule-104)

• Least Cost Selection (LCS)

• Community Service Organization Selection (CSOS)
• Single Source Selection (SSS)
• Individual Consultant Selection (ICS)
• Selection Based on Consultant Qualifications (SBCQ)
• Design Contest Selection (DCS)

HOPE’s or AO’s prior approval required

 QCBS
Rule-103 (4)(a) Key considerations
• Takes into account –
– The quality of the proposal
– The cost of the services

Quality Over-weighs
 QCBS
Rule-105 Steps Combined
Evaluation

REOI
Technical Negotiation
Short-listing Evaluation by Financial
PEC

Issuance &
Receipt of RFP Award

Following RFP & Rules

 FBS
• Rule 103(4) b Applicability
– The assignment is relatively simple & can be precis
ely defined
– The budget is fixed
 FBS
• Rule 106 Procedure
• Same as QCBS except the following
– RFP shall provide the available budget (excluding t
he applicable taxes)
– TOR prepared with due regard to budget
– Consultant provides breakdown of costs in designa
ted place

Highest Ranked Technical Proposal within Budget for Negotiation

 LCS
• Rule 104 (a) Key Considerations
• In cases where service is
– Standard or routine nature. e.g audits, architectur
al & engineering design of non-complex works wh
ere established practice & standards exist
– Cost within the threshold
– Threshold maximum Tk 50 lac
 LCS
• Rule 107 Procedure
• Same as QCBS except followings:
– Technically qualified lowest evaluated proposal inv
ited for negotiation

Proposal Passing Minimum TP treated equally

 SSS
• Rule 104 (d) Applicability
• Clear advantage over competition-
– Where rapid selection is essential
– Where only one firm or individual consultant has ex
perience of exceptional worth
– For low value small assignments within threshold

– Threshold: Tk 10 lac for Firms and Tk 5 lac for indivi

dual
 SSS
• Rule 104 (d) Applicability
• In case of downstream work continuation and engage
ment of initially selected consultant, provided that-
– The consultant perform the initial assignment satisfactorily
– The need for such downstream assignment was anticipate
d in the initial RFP
– Variation order 15 % (Exception-higher authority )
Continuity of technical approach, experience & professional l
iability
 SSS
• Rule 104 (d) Disadvantages
• Use only in exceptional cases because it-
– Does not provide the benefits of competition in regar
d to quality & cost
– Lacks transparency in selection
– Encourage unacceptable and fraudulent practices

Yet useful when situation demands

 SSS
• Rule 104 (d) Procedure
• Upon Issuance of RFP
– The selected consultant submits a technical and finan
cial proposal
– Negotiation between PEC and the selected consultant
– Negotiations on all aspects of proposals (i.e. technical
and financial)
 CSOS
• Rule 104 (c)
• Well qualified to assist in the preparation, managem
ent & implementation of community development p
rojects or programs because of their involvement &
knowledge of local issues, community needs or parti
cipatory approaches

Reputable NGOs, community services or voluntary non

-profit organizations
 CSOS
• Rule 109 Procedure
• Depending on
– Size of the assignment
– Knowledge of the inputs required
• Follow any of the methods:
– QCBS
– LCS
– FBS
– SSS
Implementation aspects of community activities and experience &
local may carry more points
 ICS
• Rule-112(1)
• Qualification and experience of individual cons
ultants are paramount
• No team of staff required
• No additional professional support required
 ICS
• Rule-112 Procedure
• May be selected following an EOI
– Through advertisement
– Approaching directly by the PE
• ICS judged & evaluated on the basis of
– Academic background
– Experience in the field of assignment
– Knowledge of local conditions (as appropriate), as well as language & cultur
e
• The short listed applicants be interviewed & selected applicant be n
egotiated on fees or reimbursable, the inputs available from PE, etc
• Sign the contract

Alternate Candidates in order

 ICS
• Rule-112 Procedure
• Employment of Individual consultant without
EOI. The Conditions are
– If the assignment is a continuation of the previous
– If the duration is less than 6 months
– If it becomes necessary to accomplish the assignm
ent on urgent basis due to natural disaster
 ICS
• Rule-112 Risk
• Hiring of firm to carry out wider task would be
more convenient for
– Coordination
– Administration
– Collective responsibility
• But a large number of individuals employed fo
r wider task not suitable
 SBCQ
• Rule 104 (b)
• PE may consider
– Brief evaluation studies at critical decision points o
f projects
– Executive assessment of strategic plans
– High level, short-term legal expertise
– Participation in project review expert panels

Full-fledged selection not justified

 SBCQ
Rule 108 Procedure
• PE Selects the consultants with the best possible q
ualifications
• Prepares the TOR and then issue REOI
• Short-list the consultants based on their experienc
e, competence relevant to the assignment
• Select the consultant with best qualification
• The selected firm shall be asked to submit a combi
ned Technical and Financial Proposal and will then
be invited to negotiate the Contract if the Technical
Proposal proves acceptable
 DCS
• Rule 111
• Technical excellence & innovation are of prime
considerations

Conceptual design for monument, research centre, HQs

 DCS
• Rule 111 Procedure-General Considerations
• Short listing: either on the basis of experience, capability & reputation o
r by advertising the REOI
• Short listed applicants submit sealed design proposal containing prelimi
nary conceptual design & related cost estimate in response to RFDP
• Evaluation criteria for the proposal may include:
– Innovation
– Aesthetic content
– Adequate blending with surroundings
– Efficient use of available space
– Attractiveness for potential users
– Incorporation of energy savings & other environmentally friendly consideration
– Revenue generation potential
– Estimated construction cost

Prime is aesthetic aspects in addition to technical characteristics

 DCS
Rule-111 Steps

Issuance of RFDP

Negotiation
Receipt of Open by POC Evaluation by Winning Technical
Sealed Proposal PEC Applicant &
Financial
Proposal
Thank you!!