2. INTRODUCTION
Public Procurement Regularity Authority (PPRA) is an autonomous body
endowed with the responsibility of framing rules, prescribing regulation and
procedures for public procurements by Federal Government owned public
sector organizations.
Need for Procurement Reforms
General Financial Rules (issued 1951/2nd edition 1979).
Purchase Manual of Department of Supplies and Disposals, under MOIP.
Delegation of Powers to Ministers.
Autonomous Bodies had their own rules.
Various Circulars of Ministry of Finance.
3. Functions of PPRA
To improve governance, transparency, accountability and quality of public
procurement.
To supervise the application and implementation of relevant laws, rules,
policies and procedures.
To recommend revision/formulation of laws, rules and policies related to
public procurement.
To formulate regulations on public procurement.
To monitor performance of procuring agencies for improvements in their
institutional set up.
4. Legal frame work
Public Procurement Regularity Authority (PPRA) was established on May
15, 2002.
PPRA ordinance 2002.
Public Procurement Rules 2004.
Six Public Procurement Regulations are notified.
Based on UNCITRAL – a model Procurement Law.
Compliance with World Bank and ADB Procurement Guidelines.
5. Public procurement regime in Pakistan
Punjab PPRA (Established in 2008).
Sindh PPRA (Established in 2010).
Baluchistan PPRA (Established in 2012).
KP PPRA (Established in 2014).
AJK adopted Federal PPRA Rules in 2017, GB follow Federal PPRA and
FATA follows Governor Directives.
6. Public procurement cycle checklist
1) Identifying the need.
2) Writing the specifications.
3) Estimating cost.
4) Securing approvals and funding.
5) Determining the best procurement strategy.
6) Deciding on the tendering procedure that should be followed.
7) Preparing request for tender (RFT).
8) Allowing sufficient time for submission of tenders.
7. Public procurement cycle checklist
9) Issuing tender documents, supporting documents and clarifications
without delay.
10) Receipting and opening tenders.
11) Evaluation of tenders.
12) Awarding the contract.
13) Managing the contract.
8. Public procurement rules 2004
1) Short Title and Commencement
Section 26, Public Procurement Regulatory Authority Ordinance, 2002-
power to make rules.
Public Procurement Rules, 2004.
10. Public procurement rules 2004
3) Scope and Applicability
Save as otherwise provided, these rules shall apply to all procurements
made by all procuring agencies of the Federal Government whether within
or outside Pakistan.
4) Principles of Procurements
Fair and transparent manner.
Procurement bridges value for money to the agency.
Procurement is efficient and economical.
11. Public procurement rules 2004
5) International and inter-government commitments of the Federal
Government
Bilateral-state to state treaties/agreements-provisions of such international
treaty or agreement shall prevail to the extent of such conflict.
6) Language
Federal Government shall either be in Urdu or English or both.
Recently Supreme Court of Pakistan has ordered Urdu to be the official
language.
7) Integrity Impact
Procurements exceeding the prescribed limit shall be subject to an
integrity pact.
12. Public procurement rules 2004
8) Procurement Planning
All procurement agencies – To devise a mechanism, for
- planning in detail for all purposed procurements with all object of
realistically determining the requirements of the procuring agency.
- within its available resources.
- delivery time or completion date and benefits that are likely to accrue to the
procuring agency.
9) Limitation on splitting or regrouping of proposed procurement
Save as otherwise provided and subject to the regulation made by the
Authority, with the prior approval of the Federal Government.
13. Public procurement rules 2004
Proceed accordingly without any splitting or regrouping of the procurements
so planned.
Annual requirements thus determined would be advertised in advanced on
the Authority’s website as well as website of the procuring agency.
10) Specifications
Shall provide the widest possible competition.
Shall not favour any single contractor or supplier.
Shall not put others at a disadvantage.
Shall be generic and shall not include references to brand names, model
numbers, catalogue numbers or similar classifications.
Provided that this rule shall not apply to procurement made by public sector
commercial concerns on the demand or private sector client.
14. Public procurement rules 2004
11) Approval Mechanism
Procuring agencies shall provide clear authorization and delegation of powers
for different categories of procurement and shall only initiate procurements
once approval of the competent authorities.
12) Methods of advertisement
Procurements over one hundred thousand rupees and up to the limit of two
million rupees shall be advertise on the authority’s website.
Maybe also advertise in print media, if deemed necessary.
Over two million rupees should be advertised on the authority’s website as
well as in other print media or newspapers having wide circulation-atleast two
newspapers one Urdu and one English.
Procuring agency utilizing electronic media shall ensure that the information
posted on the website is complete for the purposes for which it has been
posted.
15. Public procurement rules 2004
Such information shall remain available on that website until the closing date
for the submission of bids.
13) Response time
Procuring agency shall provide sufficient time according to complexity of
procurements.
All advertisements or notices shall expressly mention the response time
allowed.
Provided that no time limit shall be applicable in case of emergency.
Response time shall be calculated from the date of first publication of the
advertisement in a newspaper or posting on the website.
In case of advertisement in electronic media and print media-date of
publication in print media.
16. Public procurement rules 2004
14) Expectation
Following circumstances deviation from the requirement is permissible
with the approval of the authority.
Procurement is related to the national security.
Relates to disclosure of information, which is proprietary in nature or falls
within the definition of intellectual property.
15) Pre-qualification of suppliers and contractors.
16) Pre-qualification process.
17) Qualification of suppliers and contractors.
17. Public procurement rules 2004
18) Disqualification of suppliers and contractors.
19) Blacklisting of suppliers and contractors.
20) Principal method of procurement.
21) Open competitive bidding.
22) Submission of bids.
23)Bidding documents.
24) Reservation and preference.
25) Bid security.
18. Public procurement rules 2004
26) Bid validity.
27) Extension of time for submission of bids.
28) Opening of bids.
29) Evaluation of criteria.
30) Evaluation of bids.
31) Clarification of bids.
32) Discriminatory and difficult conditions.
33) Rejection of bids.
19. Public procurement rules 2004
34) Re-bidding.
35) Announcement of evaluation reports.
36) Procedures of open competitive bidding.
37) Conditions for use of single stage two envelope, two stage and two stage
two envelope bidding procedures.
38) Acceptance of bids.
39) Performance of guarantee.
40) Limitation on negotiations.
20. Public procurement rules 2004
41) Confidentiality.
42) Alternative methods of procurements.
43) On account payments.
44) Entry into force of the procurement contract.
45) Closing the contract.
46) Record of procurement proceedings.
47) Public access and transparency.
21. Public procurement rules 2004
48) Redressal of grievances by the procuring agency.
49) Arbitration.
50) Mis-procurement.
51) Overriding effect.
