Dr. Qasim Khan
Director, PMU
Procurement Regime under KPPRA
Sequence
o Explaining Public Procurement
o Explaining Procurement Lifecycle
o Direct Contracting: Way & Means
o Record Keeping
o Q&A
Defining Public Procurement:
(Section (2)(1)(s)
 Acquisition of goods, services or construction of any
works, financed wholly or partly out of the public
fund; and
 includes disposal of public assets and commercial
transactions between PE & private party, in terms of
which the private party is allowed to-
Defining Public Procurement:
(Section (2)(1)(s)
(i) perform a PE’s assigned functions, including
operations and management, on its behalf;
(ii) assume the use of public asset; or
(iii) receive a benefit either from budget or revenue of
the Government or from fees or charges to be
collected by the private party for performing the PE’s
function”;
Procurement
Planning
(S.22,R.30)
Constitution of
Procurement
Committee (R.32)
Developing BSDs
(BOQs, Specs, Drawing,
Design) R.33
Enlistment/
Prequalification
(if any) (R.32-A)
Solicitation of
Bids (S.24 & 25)
Bids Opening &
Evaluation
(R.37,38 &39)
Announcement
of BER (R.45)
Grievances
Redressal (S.35)
Contract
Administration
(R.50 & 51)
A Standardized Procurement Lifecycle
Developing Annual Procurement Plan (APP)
(Under Section 22 of KPPRA Act & Rule 30 of the Procurement Rules 2014,
Name of Procuring Entity: ____________
S # Brief description
of Procurement
Items / objects /
Package
Estimated
Cost
Procurement
Method
Date of
Initiation of
Procurement
Process
(Tentative)
Date of Award
of contract
(Tentative)
Date of
Completion
of Contract
(Tentative)
Remarks
(if any)
Prepared by
Procurement Officer
(Name & Designation)
Approved by
Head of PE
(Name & Designation)
Procurement Committee: (S.34 & R.32)
o Who shall constitute the procurement
committee?
o What shall be the composition?
(Mandatory & optional)
o What shall be the nature of the committee?
(Odd or even)
TORs of Procurement Committee
o To prepare & recommend approval (NIT & BSD)
o To open & evaluate the bids
o To approve the Bid Evaluation Report
o To recommend successful bidder for award of
contract
Developing NIT/ IFB / TENDER NOTICE
o Name & address of PE
o An appropriate description of the assignment
providing scope of work/detail of items to be
procured;
o Method of Procurement to be employed;
o Source for BSDs & requisite details pertaining to
the process;
o Provision of Bid Security
o Deadline, time & place for the bid submission.
Components of SBDs
o Standard Bidding Documents (SBDs) are comprised of two parts
o Part One: fixed/unchangeable
a. Instruction to the Bidders
b. General Conditions of the Contract (GCC)
o Part Two: procurement specific
a. Invitation for Bids (IFB)
b. Bid Data Sheet (BDS)
c. Special Conditions of the Contract (SCC)
d. Schedule of Requirement (SOR)
e. Evaluation Criteria
Procurement of Goods & Services
o BSDs shall include:
o SOR/ TORs, the evaluation criteria,
o the extent of bid validity,
o quantity, quality & specifications; qualification and
experience, securities, approach & methodology,
work plan and delivery schedule, pre-shipment
inspection where applicable, schedule of payments
and
o GCC &SCC
Procurement of Works
o In case of procurement of works, SBDs shall
include:
o Technical specifications, drawings & designs,
o BOQs & Estimated costs whatever applicable,
o Evaluation criteria, expected commencement of
contract and time period for completion, bid validity,
securities demanded, payment schedule, &
o GCC & SCC
Bid Evaluation as per Evaluation Criteria (S.28)
o All bids shall be evaluated in accordance with the
evaluation criteria and other terms and conditions
set forth in BSD.
o A bid once opened in accordance with the
prescribed procedure shall be subject to only those
rules, regulations and policies that are in force at the
time of issuance of NIT/IFB.
Evaluation Parameters
o Company Profile
o Certified relevant Experience/Past Performance
o Managerial capability
o Work Plan & Proposed Methodology
o Financial Soundness
o Any other indicator as per functional requirement of
PE
Methods of Advertisement
Rule 11,19
Publication & Adv.
>100,000 to ≤ 2.5 (M) KPPRA Website & PE
> 2.5 (M) KPPRA Website + 2 widely circulated dailies
Rule 10,18
Alternate Methods
≤ 50,000 - Petty Purchases – No RFQ
>50,000 to ≤ 100,000 - Three Quotations Min.
(RFQ)
None
Direct Contracting, Repeat Order,
Variation Order
Methods Of Public Procurement
1. Open Competitive Bidding
i. Single Stage Single Envelope (1-1)
ii. Single Stage Two Envelope (1-2)
iii. Two Stage Single Envelope (2-1)
iv. Two Stage Two Envelope (2-2)
2. Restricted bidding
3. Alternate / Direct method of procurement
Opening of the Bids
o At the time of bid opening, PE shall announce:
o No of bids received, the bid prices, the requisite bid
security etc.
o No bid shall be rejected at bid opening, except for
late bids, which shall be returned unopened to the
Bidder.
o Attendance of both the parties shall be maintained
o PE shall prepare minutes of the meeting and shall
duly sign the same by all members
Evaluation of Bids
o The PE after preliminary examination, will analyze
the bids by taking following factors into
consideration:
o Qualification/Eligibility parameters
o Compliance to the specifications
o Evaluation on the basis of criteria
o Availability of spare parts & after sale services
Announcement of Bid Evaluation Report (BER)
o The PE shall announce the results of bid evaluation
in the form of a report (BER) giving justification for
acceptance or rejection of bids
o At least (10) ten days prior to the award of a contract
&
o Place the same on its official website as well as on
KPPRA’s website.
Grievance Redressal Mechanism (S.35)
o Any bidder aggrieved by any act of the PE may
follow the two tier grievance redressal mechanism in
the following manner:
o File a complaint in writing to the head of PE; &
o File an appeal to the Authority against the decision
of the PE within (15) days.
Conditions for award of Contract (S.31 & R.46)
o Contract shall be awarded on the basis of the best
evaluated bid;
o The best-evaluated bid shall be determined on the
basis of total conformity to the evaluation criteria,
which may include quality or cost or both;
o The procedure to determine the best evaluated bid
under different methods of procurement
o All contracts shall be confirmed through a written
agreement signed by the successful bidder and the
PE
Award of Contract (S.31 & R.46)
o The approving authority in accordance with the
delegation of financial powers rules 2018 shall
approve successful bid.
o PE shall provide the contract form or agreement,
which contains GCC & SCC.
o The contract shall also include the description of
works/services, specifications, TORs, BOQs, activity
schedule and/or any other similar document,
currency, total cost of the contract and payment
schedule etc.
Doing away with Tendering
(Goods & Works)
S: NO & Item GOODS WORKS
1. Petty
Purchase
2. RFQs
3. Direct
Contracting
 Rs.50,000/- on invoice from
single source
 Rs: 50,000/- to Rs. 100,000/-
Three Quotations
 repeat orders within a period
of six months provided that it
does not exceed 15 % of the
original contract value;
 procurement through
Government organizations
 the acquisition of spare parts
or supplementary services
from original manufacturer/
supplier.
 Rs.50,000/- on
invoice from single
source
 Rs: 50,000/- to Rs.
100,000/- Three
Quotations
 where civil works are
to be contracted and
are a natural
extension of an
earlier or ongoing
subject to limitation
of repeat/variation
order;
 procurement through
Government
organizations
S: NO &
Item
GOODS WORKS
 price of goods is fixed by
the government
 motor vehicles or
machinery is purchased
from local original
manufacturers or their
authorized agents at
manufacturer’s price
including transportation
charges
 In case of emergency as
defined in these rules:
Rule (3),(2),(a)
where a change of
contractor /supplier would
result in incompatibility or
disproportionate technical
difficulties in operation and
maintenance. Provided that
the contract or contracts do
not exceed three years in
duration;
 In case of emergency as
defined in these rules
(e) subject to the conditions of
contract, a PE may, insure a
VO to a contractor to include
works which were outside the
original scope of works to
ensure provided that:
i. the original contract is still
in force;
ii. ii. the PE has satisfied
itself for
S: NO & Item GOODS WORKS
4. Negotiated
Tendering
Engage in negotiated
tendering with one or more
suppliers or contractors
without prior publication of
a procurement
advertisement in following
cases:
technical reasons that the
placing of the VO is cost
effective;
iii. the value of VO is not
more than 15%of the original
contract; and
(iv) there may be more than
one VO as long as the total
value of all the variation
orders remains within 15% of
the original contract;
.
S: NO & Item GOODS WORKS
 specific piece of research or an
experiment, a study or a particular
development;
 for technical or artistic reasons, or
protection of exclusive rights or
intellectual property, manufactured or
delivered only by a particular supplier
 extreme urgency brought about by
events;
 the time limits laid down for open and
limited bidding methods cannot be met.
Provided that any procuring entity
desirous of using negotiated tendering as
a method of procurement shall record its
reasons and justifications in writing for
resorting to negotiated tendering and
shall place the same on record.
S: NO & Item Consulting Services
Rule 23 (d)
Sub-rule (i) – (v)  Subject to prior approval of head of PE
 Exclusive rights as no alternative source is available.
 Compatibility & reasonableness of price
 In case of Emergency
 Small assignments valuing up to Rs 500,000/PKR
 Exceptional worth clause
Selection
Process
Preparation &
Approval of EOI
Notice from
Competent Authority
by PE
Publication/ Hoisting
Shortlisting as
per criteria
Signing
Contract
Agreemen
t
Issuance of
Bidding/EOI
Documents
Publication of
Contract
Award
Issuance of
Letter of
Acceptance
Issue RFP to
Shortlisted
Consultants
Opening,
Evaluation
of Bids &
Preparing
BER
Hoisting of
Bid
Evaluation
Report
(BER)
Procurement Process Flow Chart
31
Submission of
Performance
Guarantee
o The PE shall:
o maintain detailed records of all procurement
proceedings in the manner as prescribed; and
o preserve, maintain and safeguard all relevant
documents issued and received as shall be set out
in the rules.
o The records shall be open to internal & external
audit or to procurement post-review
Record Keeping ( S-20 & R-52)
o Administrative Approval (AA)
o Approved APP
o Notification of Procurement Committee
o NIT/IFB/EOI/RFP along with BSD
o List of bidders to whom documents were issued
o Names & addresses of bidders submitted bids/proposals
o Minutes of Bid Opening and Attendance of the day (Technical / Financial)
o Approved Bid Evaluation Report (BER)
o Grievance Redressal Record
o Name and address of bidder with whom the procurement contract is entered
into and the contract price.
o Purchase Order / Work Order/ Task Order
o Approved copy of Contract/ (s)
o Payment Record
Record of procurement proceedings
Miss-procurement (Rule 54)
o Any breach of these rules shall account to
mis-procurement &
o the person responsible for such breach
o shall be liable to be proceeded under
o the relevant law.
Procurement management in PS. ppt_MCMC.pptx

Procurement management in PS. ppt_MCMC.pptx

  • 1.
    Dr. Qasim Khan Director,PMU Procurement Regime under KPPRA
  • 2.
    Sequence o Explaining PublicProcurement o Explaining Procurement Lifecycle o Direct Contracting: Way & Means o Record Keeping o Q&A
  • 3.
    Defining Public Procurement: (Section(2)(1)(s)  Acquisition of goods, services or construction of any works, financed wholly or partly out of the public fund; and  includes disposal of public assets and commercial transactions between PE & private party, in terms of which the private party is allowed to-
  • 4.
    Defining Public Procurement: (Section(2)(1)(s) (i) perform a PE’s assigned functions, including operations and management, on its behalf; (ii) assume the use of public asset; or (iii) receive a benefit either from budget or revenue of the Government or from fees or charges to be collected by the private party for performing the PE’s function”;
  • 5.
    Procurement Planning (S.22,R.30) Constitution of Procurement Committee (R.32) DevelopingBSDs (BOQs, Specs, Drawing, Design) R.33 Enlistment/ Prequalification (if any) (R.32-A) Solicitation of Bids (S.24 & 25) Bids Opening & Evaluation (R.37,38 &39) Announcement of BER (R.45) Grievances Redressal (S.35) Contract Administration (R.50 & 51) A Standardized Procurement Lifecycle
  • 6.
    Developing Annual ProcurementPlan (APP) (Under Section 22 of KPPRA Act & Rule 30 of the Procurement Rules 2014, Name of Procuring Entity: ____________ S # Brief description of Procurement Items / objects / Package Estimated Cost Procurement Method Date of Initiation of Procurement Process (Tentative) Date of Award of contract (Tentative) Date of Completion of Contract (Tentative) Remarks (if any) Prepared by Procurement Officer (Name & Designation) Approved by Head of PE (Name & Designation)
  • 7.
    Procurement Committee: (S.34& R.32) o Who shall constitute the procurement committee? o What shall be the composition? (Mandatory & optional) o What shall be the nature of the committee? (Odd or even)
  • 8.
    TORs of ProcurementCommittee o To prepare & recommend approval (NIT & BSD) o To open & evaluate the bids o To approve the Bid Evaluation Report o To recommend successful bidder for award of contract
  • 9.
    Developing NIT/ IFB/ TENDER NOTICE o Name & address of PE o An appropriate description of the assignment providing scope of work/detail of items to be procured; o Method of Procurement to be employed; o Source for BSDs & requisite details pertaining to the process; o Provision of Bid Security o Deadline, time & place for the bid submission.
  • 10.
    Components of SBDs oStandard Bidding Documents (SBDs) are comprised of two parts o Part One: fixed/unchangeable a. Instruction to the Bidders b. General Conditions of the Contract (GCC) o Part Two: procurement specific a. Invitation for Bids (IFB) b. Bid Data Sheet (BDS) c. Special Conditions of the Contract (SCC) d. Schedule of Requirement (SOR) e. Evaluation Criteria
  • 11.
    Procurement of Goods& Services o BSDs shall include: o SOR/ TORs, the evaluation criteria, o the extent of bid validity, o quantity, quality & specifications; qualification and experience, securities, approach & methodology, work plan and delivery schedule, pre-shipment inspection where applicable, schedule of payments and o GCC &SCC
  • 12.
    Procurement of Works oIn case of procurement of works, SBDs shall include: o Technical specifications, drawings & designs, o BOQs & Estimated costs whatever applicable, o Evaluation criteria, expected commencement of contract and time period for completion, bid validity, securities demanded, payment schedule, & o GCC & SCC
  • 13.
    Bid Evaluation asper Evaluation Criteria (S.28) o All bids shall be evaluated in accordance with the evaluation criteria and other terms and conditions set forth in BSD. o A bid once opened in accordance with the prescribed procedure shall be subject to only those rules, regulations and policies that are in force at the time of issuance of NIT/IFB.
  • 14.
    Evaluation Parameters o CompanyProfile o Certified relevant Experience/Past Performance o Managerial capability o Work Plan & Proposed Methodology o Financial Soundness o Any other indicator as per functional requirement of PE
  • 15.
    Methods of Advertisement Rule11,19 Publication & Adv. >100,000 to ≤ 2.5 (M) KPPRA Website & PE > 2.5 (M) KPPRA Website + 2 widely circulated dailies Rule 10,18 Alternate Methods ≤ 50,000 - Petty Purchases – No RFQ >50,000 to ≤ 100,000 - Three Quotations Min. (RFQ) None Direct Contracting, Repeat Order, Variation Order
  • 16.
    Methods Of PublicProcurement 1. Open Competitive Bidding i. Single Stage Single Envelope (1-1) ii. Single Stage Two Envelope (1-2) iii. Two Stage Single Envelope (2-1) iv. Two Stage Two Envelope (2-2) 2. Restricted bidding 3. Alternate / Direct method of procurement
  • 17.
    Opening of theBids o At the time of bid opening, PE shall announce: o No of bids received, the bid prices, the requisite bid security etc. o No bid shall be rejected at bid opening, except for late bids, which shall be returned unopened to the Bidder. o Attendance of both the parties shall be maintained o PE shall prepare minutes of the meeting and shall duly sign the same by all members
  • 18.
    Evaluation of Bids oThe PE after preliminary examination, will analyze the bids by taking following factors into consideration: o Qualification/Eligibility parameters o Compliance to the specifications o Evaluation on the basis of criteria o Availability of spare parts & after sale services
  • 19.
    Announcement of BidEvaluation Report (BER) o The PE shall announce the results of bid evaluation in the form of a report (BER) giving justification for acceptance or rejection of bids o At least (10) ten days prior to the award of a contract & o Place the same on its official website as well as on KPPRA’s website.
  • 20.
    Grievance Redressal Mechanism(S.35) o Any bidder aggrieved by any act of the PE may follow the two tier grievance redressal mechanism in the following manner: o File a complaint in writing to the head of PE; & o File an appeal to the Authority against the decision of the PE within (15) days.
  • 21.
    Conditions for awardof Contract (S.31 & R.46) o Contract shall be awarded on the basis of the best evaluated bid; o The best-evaluated bid shall be determined on the basis of total conformity to the evaluation criteria, which may include quality or cost or both; o The procedure to determine the best evaluated bid under different methods of procurement o All contracts shall be confirmed through a written agreement signed by the successful bidder and the PE
  • 22.
    Award of Contract(S.31 & R.46) o The approving authority in accordance with the delegation of financial powers rules 2018 shall approve successful bid. o PE shall provide the contract form or agreement, which contains GCC & SCC. o The contract shall also include the description of works/services, specifications, TORs, BOQs, activity schedule and/or any other similar document, currency, total cost of the contract and payment schedule etc.
  • 23.
    Doing away withTendering (Goods & Works) S: NO & Item GOODS WORKS 1. Petty Purchase 2. RFQs 3. Direct Contracting  Rs.50,000/- on invoice from single source  Rs: 50,000/- to Rs. 100,000/- Three Quotations  repeat orders within a period of six months provided that it does not exceed 15 % of the original contract value;  procurement through Government organizations  the acquisition of spare parts or supplementary services from original manufacturer/ supplier.  Rs.50,000/- on invoice from single source  Rs: 50,000/- to Rs. 100,000/- Three Quotations  where civil works are to be contracted and are a natural extension of an earlier or ongoing subject to limitation of repeat/variation order;  procurement through Government organizations
  • 24.
    S: NO & Item GOODSWORKS  price of goods is fixed by the government  motor vehicles or machinery is purchased from local original manufacturers or their authorized agents at manufacturer’s price including transportation charges  In case of emergency as defined in these rules: Rule (3),(2),(a) where a change of contractor /supplier would result in incompatibility or disproportionate technical difficulties in operation and maintenance. Provided that the contract or contracts do not exceed three years in duration;  In case of emergency as defined in these rules (e) subject to the conditions of contract, a PE may, insure a VO to a contractor to include works which were outside the original scope of works to ensure provided that: i. the original contract is still in force; ii. ii. the PE has satisfied itself for
  • 25.
    S: NO &Item GOODS WORKS 4. Negotiated Tendering Engage in negotiated tendering with one or more suppliers or contractors without prior publication of a procurement advertisement in following cases: technical reasons that the placing of the VO is cost effective; iii. the value of VO is not more than 15%of the original contract; and (iv) there may be more than one VO as long as the total value of all the variation orders remains within 15% of the original contract; .
  • 26.
    S: NO &Item GOODS WORKS  specific piece of research or an experiment, a study or a particular development;  for technical or artistic reasons, or protection of exclusive rights or intellectual property, manufactured or delivered only by a particular supplier  extreme urgency brought about by events;  the time limits laid down for open and limited bidding methods cannot be met. Provided that any procuring entity desirous of using negotiated tendering as a method of procurement shall record its reasons and justifications in writing for resorting to negotiated tendering and shall place the same on record.
  • 27.
    S: NO &Item Consulting Services Rule 23 (d) Sub-rule (i) – (v)  Subject to prior approval of head of PE  Exclusive rights as no alternative source is available.  Compatibility & reasonableness of price  In case of Emergency  Small assignments valuing up to Rs 500,000/PKR  Exceptional worth clause
  • 28.
    Selection Process Preparation & Approval ofEOI Notice from Competent Authority by PE Publication/ Hoisting Shortlisting as per criteria Signing Contract Agreemen t Issuance of Bidding/EOI Documents Publication of Contract Award Issuance of Letter of Acceptance Issue RFP to Shortlisted Consultants Opening, Evaluation of Bids & Preparing BER Hoisting of Bid Evaluation Report (BER) Procurement Process Flow Chart 31 Submission of Performance Guarantee
  • 29.
    o The PEshall: o maintain detailed records of all procurement proceedings in the manner as prescribed; and o preserve, maintain and safeguard all relevant documents issued and received as shall be set out in the rules. o The records shall be open to internal & external audit or to procurement post-review Record Keeping ( S-20 & R-52)
  • 30.
    o Administrative Approval(AA) o Approved APP o Notification of Procurement Committee o NIT/IFB/EOI/RFP along with BSD o List of bidders to whom documents were issued o Names & addresses of bidders submitted bids/proposals o Minutes of Bid Opening and Attendance of the day (Technical / Financial) o Approved Bid Evaluation Report (BER) o Grievance Redressal Record o Name and address of bidder with whom the procurement contract is entered into and the contract price. o Purchase Order / Work Order/ Task Order o Approved copy of Contract/ (s) o Payment Record Record of procurement proceedings
  • 31.
    Miss-procurement (Rule 54) oAny breach of these rules shall account to mis-procurement & o the person responsible for such breach o shall be liable to be proceeded under o the relevant law.