At Russel & Partners, the provision of legal services includes assisting our clients with the procurement process as per the law or agreement so that all the regulations and laws are adequately abided as lawyers or counsel in Central Procuring Technical Unit (CPTU) appeals or reviews. Furthermore, we help clients in making complaints and appeals to the CPTU. Additionally, our team of experts make representations as legal counsels for the hearings and file writ suits in the High Court Division against the Review Panel of the CPTU.
The purchasing of products, services, and labour by the government and state-owned firms is known as public procurement. In Bangladesh, public procurement refers to the acquisition of products or services that the government requires through contracts. The public procurement legislation in Bangladesh aims to ensure government procurements are transparent, accountable, and equitable.
Central Procuring Technical Unit (CPTU):
The Central Procuring Technical Unit (CPTU) was established as a unit of the Implementation Monitoring and Evaluation Division of the Ministry of Planning. It administers procurement monitoring, coordination and management.
Anyone can file a complaint if the procurement entity fails to carry out its function efficiently. If the issue is not sufficiently addressed, the Government or a government-designated organisation can appeal to the Review Panel through the Central Procuring Technical Unit (CPTU) in Bangladesh.
The Review Panel of the CPTU considers appeals. Within a maximum of 12 working days, the Review Panel makes written decisions. The CPTU’s decision is based on a majority vote; moreover, the Review Panel’s decision is final, therefore all parties involved must act on it. The aggrieved party may bring writ suits in the High Court Division since the Review Panel’s ruling is final.
Laws Governing Public Procurement:
The Public Procurement Act 2006 in Bangladesh, along with the Public Procurement Rules 2008, guides us along the lines for the procedures that need to be followed during the procurement process, ensuring transparency and accountability in the procurement process involving public funds under Public Procurement in Bangladesh. However, the Act also provides that if specific rules and clauses are enshrined in a given agreement, the contract shall prevail over the Act.
Public Procurement Process in Bangladesh:
Public procurements in Bangladesh, to be brief, are processed mainly through a four-tier process:
- Advertising the invitations for tenders/quotations
- Evaluation
- Approval, and
- Awarding of the contract.
The procurement process initiates by giving tender or proposal, and then the bidder submits the application forms within the deadline to participate in the procurement process. After the procurement process, the successful bidder is granted a notification of award. After the award is accepted, the contract is executed. There can be domestic and International procurements, and while participating, the bidder may also form a joint venture to procure.
For further reference: Public Procurement Act 2006; Public Procurement Rules 2008.
National e-Government Procurement (e-GP):
The National e-Government Procurement (e-GP) portal is developed, owned, and operated by the Central Procurement Technical Unit (CPTU), IME Division of the Ministry of Planning. The e-GP system provides an online platform to carry out the procurement activities by the public agencies (i.e. Procuring Agencies and Procuring Entities). The e-GP system is a single web portal from which public agencies perform their procurement related activities using a secured web-based dashboard.