Client Query 047:- Hello, Hope everything is well at your end. Wanted to clarify some ambiguities on the work we are doing. We are issuing different contracts for goods & services under foreign funding mainly from Asian Development Bank (ADB) by complying the procedures of our organization. All the rules, regulations and procurement procedures of our organization are being applied as per the laid down loan conditions. I have two questions for doing the procurement, under foreign funding which includes either grant or loan.Firstly I would like to know that does the stamp duty act applies here and are we, the procuring agency bound to recover 0.25% or 0.20% from the contractor which is not a part of the approved bidding document. Secondly I wanted to know that does the Disclosure clause applies here and are we, the procuring agency bound to get the signed disclosure certificate from the winning bidder which is in fact not a part of the approved bidding document? Please if you could assist with these queries of mine at your earliest, I would be highly obliged.
Salman Rauf, South Africa
Answer:- Thank you very much for writing to us. However as per your query we would like to guide you that the Public Procurement Rules, 2004 do not apply on foreign funding (grant or loan). However a guideline may be obtained from the donor. Hope this helps you!
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