Public procurement in Nepal is governed by a detailed legal framework and oversight mechanisms that make bidding on government contracts a complex endeavor. The Public Procurement Act and Regulations mandate strict procedures for tendering, evaluation, and contract award for projects funded by the government or public bodies. Additionally, various public agencies (ministries, state-owned enterprises, and the Public Procurement Monitoring Office) may issue their own guidelines or requirements. The procurement rules are frequently amended to address policy changes or past challenges, so both procuring entities and private bidders must stay abreast of the latest developments. Navigating bid preparation, meeting qualification criteria, addressing queries, and handling any disputes or bid protests requires a thorough understanding not only of the black-letter law but also of the practical intricacies of the procurement process in Nepal.

Gandhi & Associates has a robust practice advising clients on all facets of public procurement and government contracting. We assist private sector bidders in reviewing tender documents, preparing compliant bids, and negotiating contract terms once awarded, ensuring that clients fulfill all legal and procedural requirements to secure government contracts. For contracting authorities and state-owned enterprises, we offer counsel on drafting procurement policies, standardizing bidding documents, and conducting procurement processes that are transparent, competitive, and defensible. Our team is experienced in resolving issues that arise during procurement – from clarifying ambiguities in bid documents to representing clients in procurement-related disputes and appeals (including before the Public Procurement Review Committee or through arbitration and court litigation if necessary). By combining legal knowledge with insight into common procurement pitfalls, we help both buyers and sellers achieve their objectives while upholding the integrity of the process.

Representative Experience:

• Reviewed and revised the procurement bylaws of a state-owned trading enterprise, aligning internal procedures with Nepal’s public procurement framework and international best practices;
• Advised the Nepal Electricity Authority (NEA) on contract variations and change orders under a major infrastructure contract, issuing a formal legal opinion under the Public Procurement Act;
• Advised a Chinese state-owned construction company on regulatory compliance and contract execution for a nationally significant highway improvement project; and
• Represented a South Asian logistics concessionaire in arbitration concerning bid document disputes and contractual obligations in a dry port public-private partnership.