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Lec-6: Public Procurement Rules
Engr. Prof. Dr. Attaullah Shah
Part-2 Public Procurement Rules-2009
with 2021 Revision
Clause 2-Definitions
 Bidder mean a person who submits a bid: The
following amendments are made:
**(b*)“blacklisted” means a bidder that is declared by the
Authority untrustworthy after establishing the fact that the
bidder was found involved in any corrupt and fraudulent
practice or practices; or
 If the bidder is declared incapable by the Authority due to
its established performance failure during the execution
of the contract; or
 If the bidder deviates from its prior commitment or
declaration made regarding the bid or proposal submitted
by the bidder.
f. Corrupt and Fraudulent Practices
 “Coercive practices”: Any impairing or harming or threatening to impair or
harm, directly or indirectly, any party or the property of the party to influence
the actions of a party to achieve a wrongful gain or to cause a wrongful loss
to another party;
 “Collusive practices” Any arrangement between two or more parties to stifle
open competition for any wrongful gain
 Corrupt practices: offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence the acts of another party for
wrongful gain;
 Fraudulent practices- Act or omission, including a misrepresentation, that
knowingly or recklessly misleads, to obtain a financial or other benefit or to
avoid an obligation;
 Obstructive practices-Means harming or threatening to harm, directly or
indirectly, persons to influence their participation in a procurement process,
or affect the execution of a contract.
 F (a). “cross debarred” means a bidder debarred by any procuring agency
shall be considered as debarred by all the procuring agencies
Definitions-Continued:
 Force account- means execution of procurement of small works and
non-consultancy services through direct contracting with any state
owned entity having resources to perform that particular assignment
subject to ascertaining that it is cost and time effective;
 “framework agreement” means a contractual arrangement which
allows a procuring agency to procure goods, services or works that are
needed continuously or repeatedly at agreed terms and conditions over
an agreed period of time, through placement of a number of orders;]
 Most Advantageous Bid:
 A bid or proposal for goods, works or services that after meeting the
eligibility or qualification criteria, is found substantially responsive to the
terms and conditions as set out in the bidding or request for proposals
document; and
 Evaluated as the highest ranked bid or proposal on the basis of cost or
quality or qualification or any combination thereof, as specified in the
bidding documents or request for proposal documents which shall be in
conformity with the selection techniques to be issued by the Authority
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.
Clause-4 Principles of Procurement
 Economy-Price, quality, time constraints, associated risks must
give the value of money
 Efficiency and optimization: Best value for money
 Fairness: equal opportunity for healthy competition
 Transparency: Relevant procurement information publically
available
 Accountability: To discharge their personal responsibilities
according to Rules.
5. International and inter-governmental commitments of the
Federal Government.
International Law to prevail.
6. Language.- All communications and documentation related to procurements
of the Federal Government shall either be in Urdu or English or both
7. Integrity pact.- Procurements exceeding the prescribed limit shall be subject
to an integrity pact, as specified by regulation with approval of the Federal
Government, between the procuring agency and the suppliers or contractors.
E-public Procurement
 *7A. e-public procurement.- The procuring
agencies may carry out e-procurement
process by using information and
communication technologies or digital or
electronic means, in such manner as to
cover any or all aspects of the
procurement process, in accordance with
the regulations or guidelines to be
prescribed by the Authority.
8. Procurement planning.-
 In PSDP projects, Activity Plan and Work Plans are used
 Planning must be done preferably for the entire project or
at least for the Financial Year
 Preferable to have a Procurement Committee comprising
of Senior Officers having representations from
Finance/Accounts and Planning apart from others

Planning for land Procurement
Consultancy Procurement
Civil Works Planning
Road Construction Planning
Procurement of Equipment and
Goods
9. Limitation on splitting or regrouping
of proposed procurement.-
 Annual requirements have to be announced in advance
 Piecemeal and splitting not allowed if there is no genuine
reason
 Dividing the works into smaller components to give
advantage to some specific category or vendors not
allowed
 Procurement of works as per approved packages of PC-1
may be more advisable
10. Speciation
 Minimum possible Standards of acceptance
 Widest possible-Not giving advantage to a single contractor
 Shall be generic in nature and shall not include reference to brand name,
model number, catalogue number, name or origin of the country or similar
classification.
 Where unavoidable to mention brand-Use or Equivalent-For such action,
the justification may be recorded.
 The parameters of equivalence may be defined in terms of technical
features, which can be verified
 Industry specific specification may be used such ACI, ASTM, ASSTO,
ASHRE, ISO etc.
 Solicitation documents or notices for disposal of assets by tender, and any
additional information made available to a prospective participant, shall
specify that the asset is to be sold on “as is where is” basis and shall
disclaim liability after sale.
11. Approval mechanism
 All 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
concerned has been accorded.
12. Methods of advertisement.-
 More than 500,000 and upto 3 Million-Authority and PPRA
websites
 Over 3 Million-Advertised at Authority’s website and print
media- At least two national dailies-One in Urdu and One in
English as well own website and PPRA website
13. Response time
 Min 15 days for National bidding and 30 days for international bidding. Some
recommended response times are:
 15 Days-Prequalification or Expression of Interest for national level
 21 Days-Prequalification or Expression of Interest for international level
 30 Days-Request for Proposal for Consultancy Services or EPC or EPCC or any
Turn Key Project for national lelvel
 45 Days: Days-Request for Proposal for Consultancy Services or EPC or EPCC
 15 Days- For any form of bidding other than above, in case of national and 30 Days
in case of international tendering respectively.
 Response time is clear days from the last day of publication of the opportunity, not
including the publishing day
 The solicitation documents shall be issued or remain available for download till a
given date, allowing sufficient time, which shall not be less than one third of the
response time, to complete and submit the documents by the closing date.
 Any corrigendum or addendum shall be issued by the procuring agency in the same
media within the period not less than half of the response time in case of any
modification except in case of extension in the closing date.
 Provided that for all procurements up to three million Pakistani Rupees, the
response time shall be considered from the date of appearance of the advertisement
on the Authority’s website.
14. Exceptions of Response time
 Emergency situations
 The proposed procurement is related to national security
and its publication could jeopardize national security
objectives; and
 The proposed procurement advertisement or notice or
publication of it, in any manner, relates to disclosure of
information, which is proprietary in nature or falls within
the definition of intellectual property which is available
from a single source.
15. Pre-qualification of suppliers and contractors
 Pre-qualification of bidders in case of services, civil works, turnkey
projects and in case of procurement of expensive and technically complex
equipment
 To ensure that only technically and financially capable firms having
adequate managerial capability are invited to submit bids.
 Parameters of Prequalification:
 Relevant experience and past performance;
 capabilities with respect to personnel, equipment, and plant;
 Financial position;
 Appropriate managerial capability; and
 Any other factor that a procuring agency may deem relevant, not
inconsistent with these rules.
 PEC prescribed format has given weightages and procedures
 Firms qualified/not qualified must be intimated immediately
 Provide the process and details of firms qualified on request
 Only prequalified firms are
16.A: Procurement of common use items
under framework agreements
 For items of common use products and service and who prices are
liable to fluctuate-For Max 3 years
 Provisional annual estimates of such items with all related specs, BoQ
etc. based on rational demand
 The perspective suppliers are prequalified-
 Open Framework-Max period 3 years- Approved specified conditions
with no price
 Closed Framework: One Year-Approved prices
 16.B; Price adjustment may be allowed on the basis of
national/international price indicator by assigning indices to major
items.
 PEC Price Adjustment procedure provides a statutory solution
17-18. Qualification and disqualification
of bidders
 The procuring agency, may solicit any
information for the qualification of a
bidder/contractor at any stage where required.
 The reasons must be recorded and shall form
part of the procurement proceedings
 Disqualification can be made at any stage, if it
is found that the information provided by the
bidders are incorrect
19. Blacklisted Bidder
 blacklisted” means a bidder that is declared by the Authority
untrustworthy after establishing the fact that the bidder was
found involved in any corrupt and fraudulent practice or
practices; or
 If the bidder is declared incapable by the Authority due to
its established performance failure during the execution of
the contract; or
 If the bidder deviates from its prior commitment or
declaration made regarding the bid or proposal submitted
by the bidder.
Blacklisting of Bidders
 Blacklisted/cross debarred for participation in any public
procurement or disposal proceedings
 For the period of not more than ten years-if corrupt and fraudulent
practice are established
 For a period of not more than three years, if the bidder fails to perform
his contractual obligations during the execution of contract-Provided that
the arbitration or any other dispute resolution has been exhausted
 For a period of not more six months, if the bidder fails to abide with a bid
securing declaration, however without being indulged in any corrupt and
fraudulent practice.
 The decision shall be communicated to blacklisted contractor
and also published at the authority website
 An appeal can be filed within 30 days with payment of fee.
Authority will evaluate. The decision of the authority will be final.
 The blacklisted bidder has to complete his ongoing project if the
authority desires.
Methods of Procurements
20. Principal method of procurement.-One Envelope Procedure-
Competitive Bidding
21. Open competitive bidding
22. Submission of bids-Sealed as per prescribed method by procuring
agency
23. Bidding documents.-
 Two envelop procedure
 One stage
 Single Stage Two Envelop (SSTE)
 Two stages
 Two Stage Two Envelop (TSTE)
 Negotiated Contracts
 Petty Purchases
24. Reservations and Preferences
 The bidding may not be restricted to any nationality
 For national security reason, the procuring agency may restrict
the bidding to national bidding only, as per Federal
Government policy.
 Where desirable, preference may be given to the national
bidder/manufacturers over international as per polices of
Federal Government in,
 Works,
 Certain good produced in Pakistan
 Disposal of certain assets having impact on national security.
 Such percent of preference has been clearly mentioned in the
bidding documents.
25. Bid Security
 2-5% of the bid amount in the prescribed manner
 Provided that in case where the procuring agency does
not require the bid security, the bidder shall submit bid
securing declaration on the format prescribed by the
Authority in Standard Procurement Documents.
26. Bid Validity
 This has been placed at the disposal of the authority, which
may be sufficient time to evaluate and decide the bid
 The procuring agency is obliged to evaluate and decide the
bid during this period.
 Where essentially required, the bid validity can be extended
for the period equal to the actual period.
 For example if the validity period is 60 days, it can be further
extended for 60 days more
 Bidders, who agree will not be allowed to change the bid
 Bidders, who don’t agree are allowed to withdraw their bid,
without forfeiture of bid security
 It is advisable to take the consent of the bidder in writing
OPENING, EVALUATION AND REJECTION OF BIDS
 28. Opening of bids-Public opening-30 Minutes after the
opening time, in the presence of tender committee and reps of
bidders who desire to join
 All bids submitted after the time prescribed shall be rejected and
returned without being opened.
 29. Evaluation criteria.-
 Evaluation criteria provided in bidding docs must be specific and clear.
 30. Evaluation of bids.
 No change in evaluation criteria allowed subsequently
 Prices conversed into single currency-State Bank selling rate
 31. Clarification of bids
 No alteration or modification in bid allowed once opened.
 Any clarification required must be in writing and response also in writing
 32. Discriminatory and difficult conditions
 The ordinary practices of the industry must be followed
33.Rejection of Bid
 The procuring agency may reject any or all bids on
genuine grounds and where requested, reasons for such
rejection shall be communicated.
 No liability shall be incurred to bidder for such rejection
 Notice of rejection must be given to all
34. Re-bidding.-
 Rejected bids may be re-invited
 Before re-advertisement, the reasons for rejection must
be addressed.
Rejection of all tenders
Rejection of a tender or selection proceeding may take place where:
 No tender or proposal is responsive to the tender documents or request for
proposals;
 No tender or proposal satisfies the criteria for the award of the contract as
set out in the tender documents or request for proposal;
 The economic or technical data of the project have been altered;
 Exceptional circumstances render normal performance of the contract
impossible
 Every tender or proposal received exceeds the budgetary resources
available;
 The tenders or proposals received contain serious irregularities resulting in
interference with the normal play of market forces;
 Funds voted or earmarked for the procurement have been withheld,
suspended or have otherwise not been made available; or
 There has been no competition-Monoploy or Pooling .
 Where the competitive bidding process of the PPRA is not adopted”
35. Announcement of Bid evaluation
reports.-
 The procuring agency shall announce the result of
bid evaluation, in the form of final evaluation report
giving justification for acceptance or rejection of
bids at least fifteen days prior to the award of
procurement contract:
 Provided that in case where technical proposal is
to be evaluated separately, prior to opening of
financial proposal, the technical evaluation report
shall be announced before opening of the financial
proposal.
Bidding Procedures:
 Single stage Procedure
 Single stage - two envelop Procedure
 Two Stage-Two Envelop Procedure
 Single Source procurement.-
 Request for Quotation
 Petty Purchases
 Force Account.-
Single stage - one envelop tendering conditions and
procedure
 Shall be used where the terms, specifications, standards
and requirements prescribing the technical or quality
characteristics of the goods, works or services are simple in
nature and can easily be described.
 Each tender shall comprise of single envelope containing
the tender price along with technical or quality characteristics
if applicable. The tenders shall be evaluated as per
predefined evaluation criteria and in the manner prescribed
in the tender documents. The tenderer offering
most advantageous tender shall be declared as successful
tenderer.
 This means, a tender fulfilling the technical requirements of
the procurement and offering lowest financial price.
36. Procedures of open competitive bidding
Single stage - two envelop bidding
conditions and procedure
 Used where there is no need of any negotiations during evaluation
process, and where the terms, specifications, standards and
requirements prescribing the technical or quality characteristics of the
goods, works or services are of key consideration being highly technical
in nature
 Qualification, capability and capacity of the suppliers or contractor or
service provider may need to be ascertained for uninterrupted supplies,
quality products and sustainable developments.
 Such qualification may be ascertained either through prequalification as
per the pre-conditions of prequalification or as part of technical proposal.
 In both cases, financial proposal shall only be taken into account after
meeting the specified requirements and/or threshold prescribed by the
procuring agency
 Cumulative quality cost evaluation technique used if quality prime
importance.
 The Authority may issue guidelines for adopting such methods
SSTE: Procedures
 The tender shall comprise of a single package containing two separate
envelopes of technical and financial proposals. Both the envelopes shall be
marked as “TECHNICAL PROPSAL” and “FINANCIAL PROPSAL” in bold
and legible letters.
 In case of electronic tendering, both the technical and financial proposals
shall be separately encrypted.
 Initially, the technical proposals shall be opened or decrypted on the closing
date, and the financial proposals shall remain unopened or encrypted.
 Evaluation committee shall evaluate the technical proposals as per
predefined evaluation criteria- Electronic Evaluation Matrix in case of
electronic tendering.
 The technical proposals meeting the specified requirements and/or the
threshold prescribed in the tender documents shall be declared as
responsive proposals and the respective tenderers as responsive tenderers,
whereas the remaining proposals shall be rejected.
 The financial proposals of technically responsive tenderers, after getting
approval from PAO. The most advantageous tender shall be accepted for
issuance of work order or award of public contract.
 The financial proposals of technically non-responsive tenderers shall remain
unopened or encrypted
Two stage - two envelope bidding
conditions and techniques
 For open and restricted competitive tendering by using simultaneous and
competitive negotiations.
 Where deliberations with tenderers are essential to refine the terms,
specifications, features and requirements prescribing the technical or
quality characteristics etc.
 Negotiations through open competition where the tender proceedings were
already cancelled due to nil response
 Competitive negotiations through restricted tendering where the procuring
agency seeks to enter into a contract for the purpose of study, specific
experiment or research and development
 Competitive negotiations through restricted negotiations where the goods
may be manufactured or delivered only by few particular suppliers
 Competitive negotiations through restricted tendering where for reasons of
extreme urgency-It becomes inevitable
 Competitive negotiations through restricted tendering for defense and
national security goods
Two-stage two envelope bidding procedure
 A procuring agency may engage in prequalification or pre-selection
proceedings.
 Either the evaluation of tender may be made by adopting least cost
evaluation technique or cumulative quality cost evaluation technique
 If quality is declared the prime consideration due to the nature and
significance of procurement, cumulative quality cost evaluation technique
may be used.
 First stage: single package containing two separate envelopes of
technical and financial proposals. Both the envelopes shall be marked as
 “TECHNICAL PROPSAL” and “FINANCIAL PROPSAL” in bold and legible
letters.
 In case of electronic tendering, both the technical and financial proposals
shall be separately encrypted.
 Initially, the technical proposals shall be opened or decrypted on the
closing date, and the financial proposals shall remain unopened or
encrypted.
 The procuring agency may limit the No of Min and Max bidders
 The negotiations shall be conducted with the technically responsive
tenderers by the same negotiation team on a concurrent basis.
 The negotiation team simultaneously on equal opportunity basis shall
communicate to the tenderers the requirements, guidelines, documents,
clarifications or any information regarding negotiations
 Pursuant to the negotiations with technically responsive tenderers,
those willing to meet the revised requirements of the procuring agency
shall be allowed to revise their technical proposals
 Second Stage: In the prescribed time span, the tenderer(s) willing to
conform to the revised technical requirements shall submit a revised
technical proposal(s) and supplementary financial proposal, according to
the technical requirement
 The revised technical proposal along with the original financial proposal
and supplementary financial proposal shall be opened at a date, time
and venue announced in advance by the procuring agency.
 The procuring agency shall evaluate the whole proposal in accordance
with the evaluation criteria and the most advantageous tender shall be
accepted.
2 stage tendering conditions & technique
 May be adopted where it is not possible to ascertain the cost estimate and
terms and conditions of the proposed contract by ordinary or special
acumen
 Financial aspects of proposals separately through negotiations after
examination and evaluation of the technical and quality aspects of the
proposals
 Consecutive negotiation technique shall be used for carrying out such
open or restricted tendering.
 First stage: The tenderers shall first submit, according to the required
schedule of the tender documents, a technical proposal without price;
 Proposals whose technical, quality and performance characteristics meet
or exceed the relevant minimum requirements shall be treated as
responsive- Ranked and communicated to the bidder
 The procuring agency shall invite the tenderer that has attained the best
ranking, for negotiations on the financial aspects of its proposal
 Second stage: Best Ranked bidder submit price-Negotiate and if not
resolved-Go to next highest rank bidder
37.A: Unsolicited Proposal
 Shall be assessed by the assessment committee, consisting of at least
three technical experts, to be notified by the procuring agency
 If the proposal is found viable, the procuring agency shall-
 Advertise the proposal for open competition without disclosing the
name of the initiator of unsolicited proposal;
 Conduct prequalification process;
 Exempt the initiator of the unsolicited proposal from the
prequalification; and
 Award five percent additional weightage to the project proponent in
the combined evaluation of his proposal.
 If no other bidder in response to the advertisement submits bid, the
procuring agency may award the contract to the initiator of the proposal.
 In case the initiator is not the winner, he may given the chance to make
his bid at part with the most advantageous bid. If he doesnot take the
challenge, may withdraw without of forfeiture
 The proprietary information of the initiator contained in the proposal
shall remain confidential
 38 Acceptance of Bid: Most Advantageous Bid
 38 b: Single Responsive Bid:
 The procuring agency shall consider single bid in goods,
works and services if it-
 Meets the evaluation criteria, ensures compliance of
specifications and other terms & conditions expressed in
advertisement or bid solicitation documents;
 Is not in conflict with any provision of the Ordinance;
 Conforms to the technical specifications;
 Has financial conformance in terms of rate reasonability:
 The procuring agency shall make a decision with due
diligence and in compliance with general principles of
procurement like economy, efficiency and value for
money
 39: Performance Guarnatee
 *39A. Letter of credit.-
Where required the procuring agency may incorporate the
provision of letter of credit (LC) and International Chamber
of Commerce incoterms, in such processes where
shipments and custom clearance are involved and where
procuring agency’s bank mitigate procurement risk in terms
of quality assurance and delivery mechanism and bidder’s
bank in terms of its payments. **
40. Limitation on negotiations
 Without changing the cost and scope of
work or services, the procuring agency
may negotiate with the successful bidder
(with a view to streamline the work or task
execution, at the time of contract
finalization) on methodology, work plan,
staffing and special conditions of the
contract.
 Authority may determine the extent and
types of negotiations on procurement by
regulations.
41. Confidentiality.-
 ***The procuring agency shall keep all
information regarding the technical or final
evaluation confidential, as the case may be,
until the time of the announcement of the
respective evaluation reports in accordance
with the requirements of rule 35.
42. Alternative methods of procurements.-
 Petty purchases.- Upto Rs. 100,000
 Procuring agency may provide for petty purchases through single
quotation where value of the object of the procurement is up to the
financial limit of one hundred thousand Pakistani Rupee, without
resorting to biding or quotations and the contract for the provision of
such goods, services or works may be a local purchase order.
 Quotations: upto Rs. 500,000
 More than Rs.100,000 and upto Rs. 500,000
 The procuring agency may engage in procurement through request
for three quotations from GST registered firms, original equipment
manufacturers or authorized dealers, without resorting to bidding.
 The object of the procurement has standard specifications;
 Minimum of three quotations have been obtained; and
 the object of the procurement is purchased from the supplier
offering the lowest price:
Alternative Procurement Methods
 Direct contracting
 Acquisition of spare parts from original manufacturer not available
with others
 Only one suppliers exists
 Change of supplier can create incompatibility
 Repeat order not exceeding 15%
 Emergency
 Government/authority has fixed the price-WAPDA case
 Purchase of motor vehicles from local original manufactures or their
authorized agent at the Co’s price.
 Negotiated Tendering
 One or more supplier
 Procurement specifically for research
 For artistic reasons, the supplier may be sole manufacturer
 Extreme emergency situations
Force Account
 Execution of procurement of small works and non-consultancy services by
the use of the Procuring Agency’s own resources upto 200 Million
 the required works are small and scattered or are in remote locations
 Work is required to be carried out without disrupting ongoing
operations;
 Urgent repairs, rehabilitation and remodeling works of national heritage
requiring prompt attention to prevent further damages and where private
firms may not be interested.
 Risks of unavoidable work interruption are better borne by a procuring
agency itself or public authority than by a contractor
 There are extreme emergencies which require a prompt attention;
 The procuring agency has qualified personnel to carry out and supervise
the required assignment; or
 The maintenance or construction is part of the routine activity of the
procuring agency
 it is cheaper to execute the assignment with in-house expertise or that of
some public authority.
Direct Contracting with State owned
Entities
 Professional, autonomous or semi-autonomous organizations or bodies of
the Federal or Provincial Governments for the procurement of such works
and services,
 The organization or the body to be engaged in direct contracting shall be
eligible to perform the works or render the services;
 The organization or the body shall accomplish the work or the services
including consultancy services, exclusively through its own resources
without involving private sector as a partner or in the form of a joint venture
or as a sub-contractor;
 in case there are more than one organizations or bodies eligible to perform
the works or render the services, the procuring agency shall hold
competition amongst them through limited tendering (notifications) without
any advertisements, however, giving reasonable time for submission of
their applications or proposals;
 the procuring agency shall devise a mechanism for determining price
reasonability to ensure that the prices offered by the state owned entities
are reasonable for award of the contract
 43. On account payments
 Expedited payment against procured products and
services
 44. Entry into force of the procurement contract
 From date of purchase/work order, where no signing of agreement
required
 From date of signing of agreement, where required
 Where some fulfillments are required, from date of such fulfillments
 45. Closing of contract
 When goods and services delivered to the satisfaction of the
procuring agency
 The defect liability certificate to be furnished within 30 days after
expiry of the period.
 The final payment may be made as per conditions given in tender
documents within 60 days, except the claims where arbitration is
followed.
46. Record of procurement proceedings
47. Public access and transparency
48. Redressal of grievances by the procuring agency
 Grievance Rederessal Committee
 Written grievance about technical evaluation within 7 days,
and final evaluation report within 5 days
 In case the complaints against technical evaluation, GRC
may suspend the procurement
 In case the complaint is lodged after final evaluation, no
objection against the technical evaluation
 For single stage single envelop-GRC to decide in 10 days
 A bidder or party not satisfied with the decision of GRC,
may submit appeal to authority after payment of prescribed
fee with 30 days
49. Arbitration
 As per Arbitration law
50. Mis-procurement.-
 Any unauthorized breach of these rules shall amount to mis-
procurement.
51. Overriding effect
 The provisions of these rules shall have effect
notwithstanding anything to the contrary contained in any
other rules concerning public procurements:
INSTITUTIONAL ARRANGEMENTS
24. Roles and Authorities of PAO
25. Establishment of Procurement Planning and
Management Unit (PPMU)
26. Composition and Role of Tender Evaluation Committee
27 Establishment and composition of negotiation team
28. Establishment and Composition of Grievance Redressal
Committee (GRC)
29. Establishment, Composition and Functioning of Dispute
Resolution Forum (DRF)
BASIC PARAMETERS FOR ELIGIBILITY,
SHORTLISTING & QUALIFICATION
 A natural person, company, firm or JV shall not be eligible to participate in
the procurement proceedings if-
 Not competent to enter into a contract in accordance with the provisions of
the Law of Contract applicable in Islamic Republic of Pakistan;
 Does not hold Tax Identity as Tax Payer:
 Provided that if such person, company or firm is exempted from the
requirement of this clause as may be notified by the FBR or respective Tax
Department;
 Declared bankrupt or in receivership or wound up or applied to be
adjudicated as insolvent or declared insolvent by the court of competent
jurisdiction; or
 the person, company or firm is debarred in accordance with the provisions of
these Rules
 Where tender is required to be submitted as a joint venture, consortium or
association, and once any of the parties to such arrangement is declared
ineligible whole joint venture, consortium or association shall be declared as
ineligible.
Expression of Interest
 Requires capable consultants to carry out large and
technically complex assignments
 The services of consultant for the design and/or supervision
of large and technically complex works;
 Requires the combined services of capable design and
development firms for turnkey contracts (i.e. EPC or EPCC);
 The short-list shall be made up of consultants who, in the
view of a procuring agency, possess the required capabilities
and experience to provide the specific services.
Procurement/Disposal Planning
 The procurement/disposal planning team(s) shall be composed of
individuals having expertize
 Procurement planning shall be initiated by the procuring agency as soon
as the agency’s needs are identified, and the same shall be completed
well in advance of the fiscal year in which contract award or order
placement is planned.
 Procuring Agency shall draw a final procurement plan, in the light of
strategic objectives and mission of the Procuring Agency, for all those
requirements for which sufficient funds have been allocated in the
approved budget of the coming financial year or if payment will be due
in subsequent financial year(s), such payment have been budgeted for
 An initial market analysis shall be made by the designated officials,
and based on such analysis, the procurement plan shall be tailored to
enhance the competition and ensure that bidders find the attractive contract
packages, and are motivated to provide innovative solutions within their
proposals for high value procurement.
 The goods of similar or related nature may be grouped into a single
tender of reasonable size for the purpose of maximizing economy
Thank You

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Lec 6.public procurement rules-2004

  • 1.
  • 2. Lec-6: Public Procurement Rules Engr. Prof. Dr. Attaullah Shah
  • 3. Part-2 Public Procurement Rules-2009 with 2021 Revision
  • 4. Clause 2-Definitions  Bidder mean a person who submits a bid: The following amendments are made: **(b*)“blacklisted” means a bidder that is declared by the Authority untrustworthy after establishing the fact that the bidder was found involved in any corrupt and fraudulent practice or practices; or  If the bidder is declared incapable by the Authority due to its established performance failure during the execution of the contract; or  If the bidder deviates from its prior commitment or declaration made regarding the bid or proposal submitted by the bidder.
  • 5. f. Corrupt and Fraudulent Practices  “Coercive practices”: Any impairing or harming or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence the actions of a party to achieve a wrongful gain or to cause a wrongful loss to another party;  “Collusive practices” Any arrangement between two or more parties to stifle open competition for any wrongful gain  Corrupt practices: offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the acts of another party for wrongful gain;  Fraudulent practices- Act or omission, including a misrepresentation, that knowingly or recklessly misleads, to obtain a financial or other benefit or to avoid an obligation;  Obstructive practices-Means harming or threatening to harm, directly or indirectly, persons to influence their participation in a procurement process, or affect the execution of a contract.  F (a). “cross debarred” means a bidder debarred by any procuring agency shall be considered as debarred by all the procuring agencies
  • 6. Definitions-Continued:  Force account- means execution of procurement of small works and non-consultancy services through direct contracting with any state owned entity having resources to perform that particular assignment subject to ascertaining that it is cost and time effective;  “framework agreement” means a contractual arrangement which allows a procuring agency to procure goods, services or works that are needed continuously or repeatedly at agreed terms and conditions over an agreed period of time, through placement of a number of orders;]  Most Advantageous Bid:  A bid or proposal for goods, works or services that after meeting the eligibility or qualification criteria, is found substantially responsive to the terms and conditions as set out in the bidding or request for proposals document; and  Evaluated as the highest ranked bid or proposal on the basis of cost or quality or qualification or any combination thereof, as specified in the bidding documents or request for proposal documents which shall be in conformity with the selection techniques to be issued by the Authority
  • 7. 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.
  • 8. Clause-4 Principles of Procurement  Economy-Price, quality, time constraints, associated risks must give the value of money  Efficiency and optimization: Best value for money  Fairness: equal opportunity for healthy competition  Transparency: Relevant procurement information publically available  Accountability: To discharge their personal responsibilities according to Rules. 5. International and inter-governmental commitments of the Federal Government. International Law to prevail. 6. Language.- All communications and documentation related to procurements of the Federal Government shall either be in Urdu or English or both 7. Integrity pact.- Procurements exceeding the prescribed limit shall be subject to an integrity pact, as specified by regulation with approval of the Federal Government, between the procuring agency and the suppliers or contractors.
  • 9. E-public Procurement  *7A. e-public procurement.- The procuring agencies may carry out e-procurement process by using information and communication technologies or digital or electronic means, in such manner as to cover any or all aspects of the procurement process, in accordance with the regulations or guidelines to be prescribed by the Authority.
  • 10. 8. Procurement planning.-  In PSDP projects, Activity Plan and Work Plans are used  Planning must be done preferably for the entire project or at least for the Financial Year  Preferable to have a Procurement Committee comprising of Senior Officers having representations from Finance/Accounts and Planning apart from others 
  • 11. Planning for land Procurement
  • 16. 9. Limitation on splitting or regrouping of proposed procurement.-  Annual requirements have to be announced in advance  Piecemeal and splitting not allowed if there is no genuine reason  Dividing the works into smaller components to give advantage to some specific category or vendors not allowed  Procurement of works as per approved packages of PC-1 may be more advisable
  • 17. 10. Speciation  Minimum possible Standards of acceptance  Widest possible-Not giving advantage to a single contractor  Shall be generic in nature and shall not include reference to brand name, model number, catalogue number, name or origin of the country or similar classification.  Where unavoidable to mention brand-Use or Equivalent-For such action, the justification may be recorded.  The parameters of equivalence may be defined in terms of technical features, which can be verified  Industry specific specification may be used such ACI, ASTM, ASSTO, ASHRE, ISO etc.  Solicitation documents or notices for disposal of assets by tender, and any additional information made available to a prospective participant, shall specify that the asset is to be sold on “as is where is” basis and shall disclaim liability after sale.
  • 18. 11. Approval mechanism  All 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 concerned has been accorded.
  • 19. 12. Methods of advertisement.-  More than 500,000 and upto 3 Million-Authority and PPRA websites  Over 3 Million-Advertised at Authority’s website and print media- At least two national dailies-One in Urdu and One in English as well own website and PPRA website
  • 20. 13. Response time  Min 15 days for National bidding and 30 days for international bidding. Some recommended response times are:  15 Days-Prequalification or Expression of Interest for national level  21 Days-Prequalification or Expression of Interest for international level  30 Days-Request for Proposal for Consultancy Services or EPC or EPCC or any Turn Key Project for national lelvel  45 Days: Days-Request for Proposal for Consultancy Services or EPC or EPCC  15 Days- For any form of bidding other than above, in case of national and 30 Days in case of international tendering respectively.  Response time is clear days from the last day of publication of the opportunity, not including the publishing day  The solicitation documents shall be issued or remain available for download till a given date, allowing sufficient time, which shall not be less than one third of the response time, to complete and submit the documents by the closing date.  Any corrigendum or addendum shall be issued by the procuring agency in the same media within the period not less than half of the response time in case of any modification except in case of extension in the closing date.  Provided that for all procurements up to three million Pakistani Rupees, the response time shall be considered from the date of appearance of the advertisement on the Authority’s website.
  • 21. 14. Exceptions of Response time  Emergency situations  The proposed procurement is related to national security and its publication could jeopardize national security objectives; and  The proposed procurement advertisement or notice or publication of it, in any manner, relates to disclosure of information, which is proprietary in nature or falls within the definition of intellectual property which is available from a single source.
  • 22. 15. Pre-qualification of suppliers and contractors  Pre-qualification of bidders in case of services, civil works, turnkey projects and in case of procurement of expensive and technically complex equipment  To ensure that only technically and financially capable firms having adequate managerial capability are invited to submit bids.  Parameters of Prequalification:  Relevant experience and past performance;  capabilities with respect to personnel, equipment, and plant;  Financial position;  Appropriate managerial capability; and  Any other factor that a procuring agency may deem relevant, not inconsistent with these rules.  PEC prescribed format has given weightages and procedures  Firms qualified/not qualified must be intimated immediately  Provide the process and details of firms qualified on request  Only prequalified firms are
  • 23. 16.A: Procurement of common use items under framework agreements  For items of common use products and service and who prices are liable to fluctuate-For Max 3 years  Provisional annual estimates of such items with all related specs, BoQ etc. based on rational demand  The perspective suppliers are prequalified-  Open Framework-Max period 3 years- Approved specified conditions with no price  Closed Framework: One Year-Approved prices  16.B; Price adjustment may be allowed on the basis of national/international price indicator by assigning indices to major items.  PEC Price Adjustment procedure provides a statutory solution
  • 24. 17-18. Qualification and disqualification of bidders  The procuring agency, may solicit any information for the qualification of a bidder/contractor at any stage where required.  The reasons must be recorded and shall form part of the procurement proceedings  Disqualification can be made at any stage, if it is found that the information provided by the bidders are incorrect
  • 25. 19. Blacklisted Bidder  blacklisted” means a bidder that is declared by the Authority untrustworthy after establishing the fact that the bidder was found involved in any corrupt and fraudulent practice or practices; or  If the bidder is declared incapable by the Authority due to its established performance failure during the execution of the contract; or  If the bidder deviates from its prior commitment or declaration made regarding the bid or proposal submitted by the bidder.
  • 26. Blacklisting of Bidders  Blacklisted/cross debarred for participation in any public procurement or disposal proceedings  For the period of not more than ten years-if corrupt and fraudulent practice are established  For a period of not more than three years, if the bidder fails to perform his contractual obligations during the execution of contract-Provided that the arbitration or any other dispute resolution has been exhausted  For a period of not more six months, if the bidder fails to abide with a bid securing declaration, however without being indulged in any corrupt and fraudulent practice.  The decision shall be communicated to blacklisted contractor and also published at the authority website  An appeal can be filed within 30 days with payment of fee. Authority will evaluate. The decision of the authority will be final.  The blacklisted bidder has to complete his ongoing project if the authority desires.
  • 27. Methods of Procurements 20. Principal method of procurement.-One Envelope Procedure- Competitive Bidding 21. Open competitive bidding 22. Submission of bids-Sealed as per prescribed method by procuring agency 23. Bidding documents.-  Two envelop procedure  One stage  Single Stage Two Envelop (SSTE)  Two stages  Two Stage Two Envelop (TSTE)  Negotiated Contracts  Petty Purchases
  • 28. 24. Reservations and Preferences  The bidding may not be restricted to any nationality  For national security reason, the procuring agency may restrict the bidding to national bidding only, as per Federal Government policy.  Where desirable, preference may be given to the national bidder/manufacturers over international as per polices of Federal Government in,  Works,  Certain good produced in Pakistan  Disposal of certain assets having impact on national security.  Such percent of preference has been clearly mentioned in the bidding documents.
  • 29. 25. Bid Security  2-5% of the bid amount in the prescribed manner  Provided that in case where the procuring agency does not require the bid security, the bidder shall submit bid securing declaration on the format prescribed by the Authority in Standard Procurement Documents.
  • 30. 26. Bid Validity  This has been placed at the disposal of the authority, which may be sufficient time to evaluate and decide the bid  The procuring agency is obliged to evaluate and decide the bid during this period.  Where essentially required, the bid validity can be extended for the period equal to the actual period.  For example if the validity period is 60 days, it can be further extended for 60 days more  Bidders, who agree will not be allowed to change the bid  Bidders, who don’t agree are allowed to withdraw their bid, without forfeiture of bid security  It is advisable to take the consent of the bidder in writing
  • 31. OPENING, EVALUATION AND REJECTION OF BIDS  28. Opening of bids-Public opening-30 Minutes after the opening time, in the presence of tender committee and reps of bidders who desire to join  All bids submitted after the time prescribed shall be rejected and returned without being opened.  29. Evaluation criteria.-  Evaluation criteria provided in bidding docs must be specific and clear.  30. Evaluation of bids.  No change in evaluation criteria allowed subsequently  Prices conversed into single currency-State Bank selling rate  31. Clarification of bids  No alteration or modification in bid allowed once opened.  Any clarification required must be in writing and response also in writing  32. Discriminatory and difficult conditions  The ordinary practices of the industry must be followed
  • 32. 33.Rejection of Bid  The procuring agency may reject any or all bids on genuine grounds and where requested, reasons for such rejection shall be communicated.  No liability shall be incurred to bidder for such rejection  Notice of rejection must be given to all 34. Re-bidding.-  Rejected bids may be re-invited  Before re-advertisement, the reasons for rejection must be addressed.
  • 33. Rejection of all tenders Rejection of a tender or selection proceeding may take place where:  No tender or proposal is responsive to the tender documents or request for proposals;  No tender or proposal satisfies the criteria for the award of the contract as set out in the tender documents or request for proposal;  The economic or technical data of the project have been altered;  Exceptional circumstances render normal performance of the contract impossible  Every tender or proposal received exceeds the budgetary resources available;  The tenders or proposals received contain serious irregularities resulting in interference with the normal play of market forces;  Funds voted or earmarked for the procurement have been withheld, suspended or have otherwise not been made available; or  There has been no competition-Monoploy or Pooling .  Where the competitive bidding process of the PPRA is not adopted”
  • 34. 35. Announcement of Bid evaluation reports.-  The procuring agency shall announce the result of bid evaluation, in the form of final evaluation report giving justification for acceptance or rejection of bids at least fifteen days prior to the award of procurement contract:  Provided that in case where technical proposal is to be evaluated separately, prior to opening of financial proposal, the technical evaluation report shall be announced before opening of the financial proposal.
  • 35. Bidding Procedures:  Single stage Procedure  Single stage - two envelop Procedure  Two Stage-Two Envelop Procedure  Single Source procurement.-  Request for Quotation  Petty Purchases  Force Account.-
  • 36. Single stage - one envelop tendering conditions and procedure  Shall be used where the terms, specifications, standards and requirements prescribing the technical or quality characteristics of the goods, works or services are simple in nature and can easily be described.  Each tender shall comprise of single envelope containing the tender price along with technical or quality characteristics if applicable. The tenders shall be evaluated as per predefined evaluation criteria and in the manner prescribed in the tender documents. The tenderer offering most advantageous tender shall be declared as successful tenderer.  This means, a tender fulfilling the technical requirements of the procurement and offering lowest financial price. 36. Procedures of open competitive bidding
  • 37. Single stage - two envelop bidding conditions and procedure  Used where there is no need of any negotiations during evaluation process, and where the terms, specifications, standards and requirements prescribing the technical or quality characteristics of the goods, works or services are of key consideration being highly technical in nature  Qualification, capability and capacity of the suppliers or contractor or service provider may need to be ascertained for uninterrupted supplies, quality products and sustainable developments.  Such qualification may be ascertained either through prequalification as per the pre-conditions of prequalification or as part of technical proposal.  In both cases, financial proposal shall only be taken into account after meeting the specified requirements and/or threshold prescribed by the procuring agency  Cumulative quality cost evaluation technique used if quality prime importance.  The Authority may issue guidelines for adopting such methods
  • 38. SSTE: Procedures  The tender shall comprise of a single package containing two separate envelopes of technical and financial proposals. Both the envelopes shall be marked as “TECHNICAL PROPSAL” and “FINANCIAL PROPSAL” in bold and legible letters.  In case of electronic tendering, both the technical and financial proposals shall be separately encrypted.  Initially, the technical proposals shall be opened or decrypted on the closing date, and the financial proposals shall remain unopened or encrypted.  Evaluation committee shall evaluate the technical proposals as per predefined evaluation criteria- Electronic Evaluation Matrix in case of electronic tendering.  The technical proposals meeting the specified requirements and/or the threshold prescribed in the tender documents shall be declared as responsive proposals and the respective tenderers as responsive tenderers, whereas the remaining proposals shall be rejected.  The financial proposals of technically responsive tenderers, after getting approval from PAO. The most advantageous tender shall be accepted for issuance of work order or award of public contract.  The financial proposals of technically non-responsive tenderers shall remain unopened or encrypted
  • 39. Two stage - two envelope bidding conditions and techniques  For open and restricted competitive tendering by using simultaneous and competitive negotiations.  Where deliberations with tenderers are essential to refine the terms, specifications, features and requirements prescribing the technical or quality characteristics etc.  Negotiations through open competition where the tender proceedings were already cancelled due to nil response  Competitive negotiations through restricted tendering where the procuring agency seeks to enter into a contract for the purpose of study, specific experiment or research and development  Competitive negotiations through restricted negotiations where the goods may be manufactured or delivered only by few particular suppliers  Competitive negotiations through restricted tendering where for reasons of extreme urgency-It becomes inevitable  Competitive negotiations through restricted tendering for defense and national security goods
  • 40. Two-stage two envelope bidding procedure  A procuring agency may engage in prequalification or pre-selection proceedings.  Either the evaluation of tender may be made by adopting least cost evaluation technique or cumulative quality cost evaluation technique  If quality is declared the prime consideration due to the nature and significance of procurement, cumulative quality cost evaluation technique may be used.  First stage: single package containing two separate envelopes of technical and financial proposals. Both the envelopes shall be marked as  “TECHNICAL PROPSAL” and “FINANCIAL PROPSAL” in bold and legible letters.  In case of electronic tendering, both the technical and financial proposals shall be separately encrypted.  Initially, the technical proposals shall be opened or decrypted on the closing date, and the financial proposals shall remain unopened or encrypted.  The procuring agency may limit the No of Min and Max bidders
  • 41.  The negotiations shall be conducted with the technically responsive tenderers by the same negotiation team on a concurrent basis.  The negotiation team simultaneously on equal opportunity basis shall communicate to the tenderers the requirements, guidelines, documents, clarifications or any information regarding negotiations  Pursuant to the negotiations with technically responsive tenderers, those willing to meet the revised requirements of the procuring agency shall be allowed to revise their technical proposals  Second Stage: In the prescribed time span, the tenderer(s) willing to conform to the revised technical requirements shall submit a revised technical proposal(s) and supplementary financial proposal, according to the technical requirement  The revised technical proposal along with the original financial proposal and supplementary financial proposal shall be opened at a date, time and venue announced in advance by the procuring agency.  The procuring agency shall evaluate the whole proposal in accordance with the evaluation criteria and the most advantageous tender shall be accepted.
  • 42. 2 stage tendering conditions & technique  May be adopted where it is not possible to ascertain the cost estimate and terms and conditions of the proposed contract by ordinary or special acumen  Financial aspects of proposals separately through negotiations after examination and evaluation of the technical and quality aspects of the proposals  Consecutive negotiation technique shall be used for carrying out such open or restricted tendering.  First stage: The tenderers shall first submit, according to the required schedule of the tender documents, a technical proposal without price;  Proposals whose technical, quality and performance characteristics meet or exceed the relevant minimum requirements shall be treated as responsive- Ranked and communicated to the bidder  The procuring agency shall invite the tenderer that has attained the best ranking, for negotiations on the financial aspects of its proposal  Second stage: Best Ranked bidder submit price-Negotiate and if not resolved-Go to next highest rank bidder
  • 43. 37.A: Unsolicited Proposal  Shall be assessed by the assessment committee, consisting of at least three technical experts, to be notified by the procuring agency  If the proposal is found viable, the procuring agency shall-  Advertise the proposal for open competition without disclosing the name of the initiator of unsolicited proposal;  Conduct prequalification process;  Exempt the initiator of the unsolicited proposal from the prequalification; and  Award five percent additional weightage to the project proponent in the combined evaluation of his proposal.  If no other bidder in response to the advertisement submits bid, the procuring agency may award the contract to the initiator of the proposal.  In case the initiator is not the winner, he may given the chance to make his bid at part with the most advantageous bid. If he doesnot take the challenge, may withdraw without of forfeiture  The proprietary information of the initiator contained in the proposal shall remain confidential
  • 44.  38 Acceptance of Bid: Most Advantageous Bid  38 b: Single Responsive Bid:  The procuring agency shall consider single bid in goods, works and services if it-  Meets the evaluation criteria, ensures compliance of specifications and other terms & conditions expressed in advertisement or bid solicitation documents;  Is not in conflict with any provision of the Ordinance;  Conforms to the technical specifications;  Has financial conformance in terms of rate reasonability:  The procuring agency shall make a decision with due diligence and in compliance with general principles of procurement like economy, efficiency and value for money  39: Performance Guarnatee
  • 45.  *39A. Letter of credit.- Where required the procuring agency may incorporate the provision of letter of credit (LC) and International Chamber of Commerce incoterms, in such processes where shipments and custom clearance are involved and where procuring agency’s bank mitigate procurement risk in terms of quality assurance and delivery mechanism and bidder’s bank in terms of its payments. **
  • 46. 40. Limitation on negotiations  Without changing the cost and scope of work or services, the procuring agency may negotiate with the successful bidder (with a view to streamline the work or task execution, at the time of contract finalization) on methodology, work plan, staffing and special conditions of the contract.  Authority may determine the extent and types of negotiations on procurement by regulations.
  • 47. 41. Confidentiality.-  ***The procuring agency shall keep all information regarding the technical or final evaluation confidential, as the case may be, until the time of the announcement of the respective evaluation reports in accordance with the requirements of rule 35.
  • 48. 42. Alternative methods of procurements.-  Petty purchases.- Upto Rs. 100,000  Procuring agency may provide for petty purchases through single quotation where value of the object of the procurement is up to the financial limit of one hundred thousand Pakistani Rupee, without resorting to biding or quotations and the contract for the provision of such goods, services or works may be a local purchase order.  Quotations: upto Rs. 500,000  More than Rs.100,000 and upto Rs. 500,000  The procuring agency may engage in procurement through request for three quotations from GST registered firms, original equipment manufacturers or authorized dealers, without resorting to bidding.  The object of the procurement has standard specifications;  Minimum of three quotations have been obtained; and  the object of the procurement is purchased from the supplier offering the lowest price:
  • 49. Alternative Procurement Methods  Direct contracting  Acquisition of spare parts from original manufacturer not available with others  Only one suppliers exists  Change of supplier can create incompatibility  Repeat order not exceeding 15%  Emergency  Government/authority has fixed the price-WAPDA case  Purchase of motor vehicles from local original manufactures or their authorized agent at the Co’s price.  Negotiated Tendering  One or more supplier  Procurement specifically for research  For artistic reasons, the supplier may be sole manufacturer  Extreme emergency situations
  • 50. Force Account  Execution of procurement of small works and non-consultancy services by the use of the Procuring Agency’s own resources upto 200 Million  the required works are small and scattered or are in remote locations  Work is required to be carried out without disrupting ongoing operations;  Urgent repairs, rehabilitation and remodeling works of national heritage requiring prompt attention to prevent further damages and where private firms may not be interested.  Risks of unavoidable work interruption are better borne by a procuring agency itself or public authority than by a contractor  There are extreme emergencies which require a prompt attention;  The procuring agency has qualified personnel to carry out and supervise the required assignment; or  The maintenance or construction is part of the routine activity of the procuring agency  it is cheaper to execute the assignment with in-house expertise or that of some public authority.
  • 51. Direct Contracting with State owned Entities  Professional, autonomous or semi-autonomous organizations or bodies of the Federal or Provincial Governments for the procurement of such works and services,  The organization or the body to be engaged in direct contracting shall be eligible to perform the works or render the services;  The organization or the body shall accomplish the work or the services including consultancy services, exclusively through its own resources without involving private sector as a partner or in the form of a joint venture or as a sub-contractor;  in case there are more than one organizations or bodies eligible to perform the works or render the services, the procuring agency shall hold competition amongst them through limited tendering (notifications) without any advertisements, however, giving reasonable time for submission of their applications or proposals;  the procuring agency shall devise a mechanism for determining price reasonability to ensure that the prices offered by the state owned entities are reasonable for award of the contract
  • 52.  43. On account payments  Expedited payment against procured products and services  44. Entry into force of the procurement contract  From date of purchase/work order, where no signing of agreement required  From date of signing of agreement, where required  Where some fulfillments are required, from date of such fulfillments  45. Closing of contract  When goods and services delivered to the satisfaction of the procuring agency  The defect liability certificate to be furnished within 30 days after expiry of the period.  The final payment may be made as per conditions given in tender documents within 60 days, except the claims where arbitration is followed.
  • 53. 46. Record of procurement proceedings 47. Public access and transparency 48. Redressal of grievances by the procuring agency  Grievance Rederessal Committee  Written grievance about technical evaluation within 7 days, and final evaluation report within 5 days  In case the complaints against technical evaluation, GRC may suspend the procurement  In case the complaint is lodged after final evaluation, no objection against the technical evaluation  For single stage single envelop-GRC to decide in 10 days  A bidder or party not satisfied with the decision of GRC, may submit appeal to authority after payment of prescribed fee with 30 days
  • 54. 49. Arbitration  As per Arbitration law 50. Mis-procurement.-  Any unauthorized breach of these rules shall amount to mis- procurement. 51. Overriding effect  The provisions of these rules shall have effect notwithstanding anything to the contrary contained in any other rules concerning public procurements:
  • 55. INSTITUTIONAL ARRANGEMENTS 24. Roles and Authorities of PAO 25. Establishment of Procurement Planning and Management Unit (PPMU) 26. Composition and Role of Tender Evaluation Committee 27 Establishment and composition of negotiation team 28. Establishment and Composition of Grievance Redressal Committee (GRC) 29. Establishment, Composition and Functioning of Dispute Resolution Forum (DRF)
  • 56. BASIC PARAMETERS FOR ELIGIBILITY, SHORTLISTING & QUALIFICATION  A natural person, company, firm or JV shall not be eligible to participate in the procurement proceedings if-  Not competent to enter into a contract in accordance with the provisions of the Law of Contract applicable in Islamic Republic of Pakistan;  Does not hold Tax Identity as Tax Payer:  Provided that if such person, company or firm is exempted from the requirement of this clause as may be notified by the FBR or respective Tax Department;  Declared bankrupt or in receivership or wound up or applied to be adjudicated as insolvent or declared insolvent by the court of competent jurisdiction; or  the person, company or firm is debarred in accordance with the provisions of these Rules  Where tender is required to be submitted as a joint venture, consortium or association, and once any of the parties to such arrangement is declared ineligible whole joint venture, consortium or association shall be declared as ineligible.
  • 57. Expression of Interest  Requires capable consultants to carry out large and technically complex assignments  The services of consultant for the design and/or supervision of large and technically complex works;  Requires the combined services of capable design and development firms for turnkey contracts (i.e. EPC or EPCC);  The short-list shall be made up of consultants who, in the view of a procuring agency, possess the required capabilities and experience to provide the specific services.
  • 58. Procurement/Disposal Planning  The procurement/disposal planning team(s) shall be composed of individuals having expertize  Procurement planning shall be initiated by the procuring agency as soon as the agency’s needs are identified, and the same shall be completed well in advance of the fiscal year in which contract award or order placement is planned.  Procuring Agency shall draw a final procurement plan, in the light of strategic objectives and mission of the Procuring Agency, for all those requirements for which sufficient funds have been allocated in the approved budget of the coming financial year or if payment will be due in subsequent financial year(s), such payment have been budgeted for  An initial market analysis shall be made by the designated officials, and based on such analysis, the procurement plan shall be tailored to enhance the competition and ensure that bidders find the attractive contract packages, and are motivated to provide innovative solutions within their proposals for high value procurement.  The goods of similar or related nature may be grouped into a single tender of reasonable size for the purpose of maximizing economy