PPRA Proc Code
PPRA Proc Code
PROCUREMENT
CODE
th
EDITION
PPRA
PPRA
PPRA
PPRA
PROCUREMENT
CODE
th
4 EDITION
ii
Edition
4th
Quantity
2000
Price
Rs. 500/-
Coordinator
Printer
Publisher
Year of Printing
2015
First Edition
FOREWORD
Public Procurement Regulatory Authority (PPRA) Pakistan, a body corporate
was established in 2002 to regulate all procurement of goods, services and works in the
public sector. Tasked to build and strengthen capacity, to develop a uniform, modern,
transparent and cost effective public procurement system PPRA is also endowed with
the responsibility to create standard, coherent and transparent set of rules, regulations
and procedures.
In pursuance of the above and in exercise of powers conferred under Sections 26
and 27 of the Public Procurement Regulatory Authority Ordinance, 2002 (XXII of
2002), the Authority has been making rules and regulations in accordance with the
provisions contained therein. Over time, a strong need has arisen to have the law, rules
and regulations in a form of a bound document for ease of ready reference. The Pakistan
Procurement Code seeks to serve this need.
Hafeez ur Rehman
Managing Director
Public Procurement Regulatory Authority
Islamabad, Pakistan.
January, 2010
iii
Second Edition
FOREWORD
Public Procurement Regulatory Authority (PPRA) Pakistan, published its
maiden edition of the Pakistan Procurement Code in January 2010, we have already run
out of the first print in a period of four months, this augurs well for the new procurement
regime and underlines two things: the awareness level of relatively new law relating to
public procurement, its strong connection with the private sector and the need to consult
procurement law and rules in official business. It also, though vicariously, recognizes
diligence employed by the Authority in advocacy and building capacity of the public and
private sector.
Public Procurement Regulatory Authority (PPRA) Pakistan was established in
2002 to regulate all procurements of goods, services and works in the public sector.
Tasked to build and strengthen capacity, to develop a uniform, modern, transparent and
cost effective public procurement system, PPRA is also endowed with the responsibility
to create standard, coherent and transparent set of rules, regulations and procedure.
In exercise of powers conferred under Sections 26 and 27 of the Public
Procurement Regulatory Authority Ordinance, 2002 (XXII of 2002) and in pursuance of
the assigned task, the Authority has been making rules and regulations in accordance
with the provisions contained therein, all these rules, regulations, policy directions of the
Board and Frequently Asked Questions form a part of this document.
Although, PPRA website www.ppra.org.pk contains all the required
information on public procurement in and outside Pakistan yet there is a need to have the
law, rules, regulations and directions for ready reference in a bound form for the facility
of public servants, private sector, multi-national organizations, lending and donor
agencies, academia and the general public.
This is our improved second attempt in this regard.
Hafeez ur Rehman
Managing Director
Public Procurement Regulatory Authority
Islamabad, Pakistan.
May, 2010
Third Edition
FOREWORD
This third edition is proof of the fact that new procurement regime has taken root
in the public and private sectors. The demand for printed document has with every effort,
beaten our willing supply although soft copy is also available on our website
www.ppra.org.pk. This time we have consultancy regulations as part of the Code along
with policy directions spread over the intervening period. Keen interest of the private
sector including non-governmental organizations and civil society in the procurement
rules and capacity building must also be underlined as strong drivers of ensuing change.
Hafeez ur Rehman
Managing Director
Public Procurement Regulatory Authority
Islamabad, Pakistan.
May, 2011
vii
Fourth Edition
FOREWORD
The use of public money for procurement is an important area which has an impact on
the society. In Pakistan, public procurement framework was established through the
promulgation of Public Procurement Regulatory Authority Ordinance in 2002. The Public
Procurement Rules were framed in the year 2004 under section 26 of PPRA Ordinance, 2002, and
the Regulations are issued from time to time under Section 27 of PPRA Ordinance, 2002.
The basic aim for putting in place a public procurement framework is to promote
transparency and efficiency in procurement procedures and to provide equal and nondiscriminatory treatment to all economic operators participating in public procurement.
Since Provincial Governments have setup their own independent Regulatory
Authorities as such the Procurement Code is now confined to Federal Government PPRA Law /
Rules / Regulations. Procurement Code which was printed in last three editions under the title
Pakistan Procurement Code is therefore renamed as PPRA Procurement Code.
The PPRA Procurement Code is a collection of Public Procurement Law, Rules and
Regulations. It also contains policy guidelines issued from time to time and Frequently Asked
Questions. Uptill now three editions of the code have been published and the response has been
overwhelming. The fourth edition includes Public Procurement Regulations, 2011. The
Frequently Asked Questions have also been updated. PPRA Procurement Code reflects the
Authority's commitment to keep all the stakeholders duly informed and to enable the procuring
agencies to bring their procurement procedures and processes in line with the approved Rules and
Regulations.
Nazrat Bashir
Managing Director
Public Procurement Regulatory Authority
Islamabad, Pakistan.
March, 2015
ix
Outline of Contents
Public Procurement Regulatory Authority Ordinance, 2002
Public Procurement Rules, 2004
Public Procurement Regulations, 2008
Public Procurement Regulations, 2009
Procurement of Consultancy Services Regulations, 2010
Public Procurement Regulations, 2011
PPRA Instructions
Frequently Asked Questions (FAQs)
xi
1-9
Section No.
CHAPTER I
PRELIMINARY
1
2
CHAPTER II
ESTABLISHMENT OF AUTHORITY
3
4
5
Establishment of Authority
Power of the Federal Government to issue directives
Functions and powers of the Authority
CHAPTER III
MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY
6
7
8
Board
Meeting of the Board
Managing Director
CHAPTER IV
FINANCIAL PROVISIONS
9
10
11
12
13
14
15
Fund
Expenditure to be charged on the Fund
Power to obtain finances and receive grants
Investment
Budget and accounts
Maintenance of accounts
Audit
CHAPTER V
REGULATORY AND OTHER PROVISIONS
16
17
Information
Annual report
CHAPTER VI
MISCELLANEOUS
18
19
20
21
21-A
22
23
24
25
26
27
2-3
2
2
3-4
3
3
3
4-6
4
5
5
6-7
6
6
7
7
7
7
7
7
7
7
7-9
7
8
8
8
8
8
8
8
9
9
9
xiii
11-31
Rule No.
1
GENERAL PROVISION
2
3
4
5
6
7
Definitions
Scope and applicability
Principles of procurement
International & Inter-governmental commitments of the Federal Government
Language
Integrity Pact
PROCUREMENT PLANNING
8
9
10
11
Procurement Planning
Limitation on splitting or regrouping of proposed procurement
Specifications
Approval mechanism
PROCUREMENT ADVERTISEMENTS
12
13
14
Methods of advertisement
Response time
Exceptions
METHODS OF PROCUREMENT
20
21
22
23
24
25
26
27
xiv
Opening of bids
Evaluation criteria
Evaluation of bids
Clarification of bids
Discriminatory and difficult conditions
13
13-15
13
15
15
15
15
15
15-16
15
16
16
16
16-18
16
17
17
18-19
18
18
19
19
19
19-21
19
19
19
20
20
21
21
21
21-27
21
22
22
22
22
Page #
Rejection of bids
Re-bidding
Announcement of evaluation report
Procedures of open competitive bidding
Conditions for use of single stage two envelope, two stage and two stage
two envelope bidding procedures
Acceptance of bids
Performance guarantee
Limitation on negotiations
Confidentiality
Alternative methods of procurements
On account payments
Entry into force of the procurement contract
Closing of contract
22
23
23
23
26
27-30
27
27
27
27
27
29
30
30
30-31
30
30
31
31
31
31
31
48
49
50
51
33-37
Regulation No.
1
2
3
4
5
6
35
35
36
36
36
37
39-45
Regulation No.
1
2
41
41
42
44
47-56
Regulation No.
1
2
3
49
49
50
xv
9
10
11
12
Page #
Quality based selection
Procedures for selection under the quality based selection
Quality and cost based selection
Procedures for selection under the quality and cost based selection
Least cost
Procedures for selection under least cost selection
Single source or direct selection
Procedures for selection under single source selection
Fixed budget
Procedures for selection under fixed budget
50
50
51
51
51
51
52
52
52
53
53
53
54
54
54
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Letter of invitation
Instruction to consultants
Terms of reference
Evaluation criteria
Type of contract
Proposed contract format
Special provisions
54
54
54
55
55
55
55
Selection committee
Extent of negotiations or discussion
Professional liability of consultants
Inconsistency
55
56
56
56
57-59
Regulation No.
1
2
PPRA INSTRUCTIONS
1
2
3
4
5
6
7
8
9
xvi
59
59
61-85
63
65
66
67
68
69
70
71
72
Tender Notice on PPRA website and its proof for audit and record
Price matching
Registration of firms and charging of registration / processing fees etc
Publication of tender on PPRA website
Announcement of Evaluation Reports
Evaluation report proforma
Application of Public Procurement Rules, 2004 and Insurance Ordinance, 2000
Violation of Public Procurement Rules, 2004
Enhancement of Tender Fee
Procurement plan and its uploading on the PPRA website
Annual procurement plan proforma
Redressal of grievances by the procuring agency
Grievance redressal committee proforma
73
74
75
76
77
78
79
80
81
82
83
84
85
87-95
xvii
PPRA
REGISTERED No.M-302
L.7646
The Gazette
of Pakistan
EXTRAORDINARY
PUBLISHED BY AUTHORITY
PART I
Acts, Ordinances, President's Orders and Regulations
GOVERNMENT OF PAKISTAN
01
02
Public Fund means the Federal Consolidated Fund and the Public Account of
the Federation and includes funds of enterprises which are owned or controlled by
the Federal Government;
(l) public procurement means acquisition of goods, services or construction of any
works financed wholly or partly out of the Public Fund, unless excluded otherwise
by the Federal Government;
(m) regulations means regulations made under this Ordinance;
(n) rules means rules made under this Ordinance;
(o) service means any object of procurement other than goods or works; and
(p) works means any construction work consisting of erection, assembly, repair,
renovation or demolition of a building or structure or part thereof, such as site
preparation, excavation, installation of equipment or materials and decoration,
finishing and includes incidental services such as drilling, mapping, satellite
photography, seismic investigations and similar activities, if the value of those
services does not exceed that of the works themselves.
CHAPTER II
ESTABLISHMENT OF AUTHORITY
3. Establishment of Authority.- (1) There is hereby established an Authority to be called
the Public Procurement Regulatory Authority for carrying out the purposes of this Ordinance.
(2) The Authority shall be a body corporate, having perpetual succession and a common
seal, with powers subject to the provisions of this Ordinance, to acquire and hold property, both
moveable and immovable, and, sue and be sued by the name assigned to it by sub-section (1).
(3) The headquarters of the Authority shall be at Islamabad and it may establish its offices at
such other place or places in Pakistan as it may consider appropriate.
4. Power of the Federal Government to issue directives.-The Federal Government may,
as and when it considers necessary, issue directives to the Authority on matters of policy, and such
directives shall be binding on the Authority.
5. Functions and powers of the Authority.- (1) Subject to other provision of this
Ordinance, the authority may take such measures and exercise such powers as may be necessary
for improving governance, management, transparency, accountability and quality of public
procurement of goods, services and works in the public sector.
(2) Without prejudice to the generality or the powers conferred by sub-section (1), the
Authority may(a)
(b)
03
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
CHAPTER III
MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY
6. Board.- (1) General directions and administration of the Authority and its affairs shall
vest in a Board which may exercise all powers, perform all functions and do all acts and things
which may be exercised, performed or done by the Authority.
(2) The Board shall consist of the following Members, namely:(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Chairperson
Member
Member
Member
Member
Member
Members
Member
04
(6) A casual vacancy in the office of a private sector member shall be filled by appointment
of another member from the private sector for the residue of the terms of his predecessor.
7. Meeting of the Board.- (1) The meeting of the Board shall be presided over by the
Chairperson or, in his absence the member elected by the members, shall preside at the meeting of
the Board.
(2) Five members shall constitute a quorum for a meeting of the Board requiring a decision
by the Board.
(3) The meeting of the Board shall be held at such times, places and in such manner as may
be prescribed by regulation.
(4) The members shall have reasonable notice of the time and place of the meeting and
matters on which a decision by the Board shall be taken in such meeting.
(5) The decision of the Board shall be taken by the majority of its members present and, in
case of a tie, the member presiding a meeting shall have a casting vote.
(6) All orders, determination and decision of the Board shall be taken in writing and shall be
signed by the Managing Director.
8. Managing Director.- (1) The Federal Government shall select and appoint a whole
time Managing Director to serve as member of the Board and shall be responsible for day to day
administration of the Authority for such period and on such terms and conditions as the Federal
Government may, determine.
(2) The Managing Director shall be appointed for three years and he shall be eligible for reappointment but his total tenure shall in no case exceed six years.
(3) No person shall be appointed or continue as Managing Director, if he(a)
(b)
(c)
(d)
(e)
(4) The Managing Director may, at any time, resign his office by writing under his hand
addressed to the Federal Government.
(5) The Managing Director shall be paid such salary and allowances as the Federal
Government may determine but his salary and allowances shall not be varied to his disadvantage
during his term of office.
(6) The Managing Director shall not, during the term of his office, engage himself to any
other service, business, vocation or employment nor shall he before the expiration of one year
05
thereof enter into employment or accept any advisory or consult relationship with any person
engaged in public procurement activity:
Provided that where the Managing Director is Government servant there shall be no such
restrictions on his employment after he has retired or transferred from the post of Managing
Director and where he is from private sector he shall not have any direct or indirect financial
interest or have any connection with any company engaged in public procurement activity for so
long as he holds office and for a period of one year thereafter.
(7) The Managing Director shall have power and responsibility to(a) exercise administrative control over the personnel of the Authority;
(b) exercise, in respect of the Authority, such other management, administrative and
financial powers as deemed appropriate by the Authority;
(c) submit the annual budget proposals of the Authority to the Board;
(d) prepare the annual report of the Authority for the Board and the Federal
Government;
(e) exercise such powers as the Board may delegate to him; and
(f) act on behalf of the Authority, in any emergency, subject to the obligation to report
such action to the Board at its next meeting and to seek the Board's ratification of
any action so taken.
CHAPTER IV
FINANCIAL PROVISIONS
9. Fund.- (1) There is hereby established a Fund to be known as the Public Procurement
Regulatory Authority Fund which shall vest in Authority and shall be utilized by the Authority to
meet the charges in connection with its functions under this Ordinance.
(2) To the credit of the Public Procurement Authority, a fund shall be placed comprising(a)
(b)
(c)
(d)
such sums as the Federal Government may, from time to time, allocate to
it in the annual budget;
grants;
income from investment by the Authority; and
all other sums or properties which may in any manner become payable to, or vest
in, the Authority in respect of any matter.
(3) The Authority, while performing its functions and exercising its powers under the
Ordinance, shall exercise highest sense of prudence as far as expenditures are concerned.
10. Expenditure to be charged on the Fund.-The Fund shall be expended for the purpose
of(a)
(b)
06
(c)
(d)
(e)
purchasing or hiring equipment, machinery and any other work and undertakings
in the performance of its functions or the exercise of its powers under this
Ordinance;
repaying any financial accommodation received; and
generally, paying any expenses for carrying into effect the provisions of this
Ordinance.
11. Power to obtain finances and receive grants.-The Authority may, from time to time
and with the approval of the Federal Government, accept grants from entities both domestic and
international, including multilateral agencies for meeting any of its obligations or performing of
any of its functions.
12. Investment.-The Authority may invest its surplus funds in accordance with the
instructions of the Federal Government.
13. Budget and accounts.-The Authority shall cause its accounts to be maintained properly
and in respect of each financial year submit for approval of the Federal Government by such date
and in such form as may be specified by Federal Government a statement showing the estimated
receipts and current expenditure and the sums to be required from the Government during the
next financial year.
14. Maintenance of accounts.-The Authority shall cause proper accounts to be kept and
shall after the end of each financial year cause to be prepared for that financial year a statement of
accounts of the Authority which shall include a balance sheet and an account of receipt and
expenditure.
15. Audit.-The accounts of the Authority, shall be audited every year by the Auditor
General of Pakistan.
CHAPTER V
REGULATORY AND OTHER PROVISIONS
16. Information.- (1) The Authority may call for any information required by it for carrying
out the purposes of this Ordinance, from any person or any institution in public procurement
activities and any such person or institution shall provide the required information called by the
Authority.
(2) The Authority shall furnish to the Federal Government such information with respect to
the policies and procedures it is pursuing or proposes to pursue in the performance of any of its
functions under this Ordinance as the Federal Government may, from time to time, require.
17. Annual Report.-Within one hundred and twenty days from the end of each financial
year, the Authority shall cause a report to be prepared on its activities including inquiries and
investigations made by the Authority under this Ordinance during that financial year and release
to the public after it has been seen by the Cabinet.
CHAPTER VI
MISCELLANEOUS
18. Appointment of officers and staff, etc.- (1) The Authority may, from time to time and
within its resources, appoint such officers, servants, advisers, consultants and experts as it may
07
21. Power to exempt.- The Authority may, for reasons to be recorded in writing,
recommend to the Federal Government that the procurement of an object or class of objects in the
national interest be exempted from the operation of this Ordinance or any rule or regulation made
thereunder or any other law regulating public procurement and the Federal Government on such
recommendations shall exempt the aforesaid objects or class of objects from the operation of the
laws and rules and regulations made thereunder.
*[21A. Ordinance not to apply to certain bodies corporate, etc.- (1) Notwithstanding
anything contained in this Ordinance the provisions thereof shall not apply to a body corporate,
company, institution undertaking or establishment specified in the Schedule to this Ordinance,
which has been privatized pursuant to the Privatization Commission Ordinance, 2000 (LII of
2000).
(2) The Federal Government may, by notification in the official Gazette, amend the
Schedule so as to add any entry thereto, modify or omit any entry therein.]
22. Validity of proceedings.- No act or proceedings of the Authority or the Board, shall be
invalid by reason only of the existence of vacancy in, or defect in the constitution of, the Authority
or the Board.
23. Indemnity.- No suit, prosecution, or other legal proceedings shall lie against the
Authority, the Board, the Chairperson or any member, officer, servants, advisers or consultants of
the Authority in respect of anything in good faith done or intended to be done under this
Ordinance or the rules and regulations made thereunder.
24. Common seal.- (1) The Authority shall have a common seal and such seal shall be kept
by the Managing Director or such other person as the Chairperson may authorize.
(2) The seal shall be authenticated in the same manner as may be prescribed by regulation
and any document purported to be sealed with the seal so authenticated shall be receivable as
*Inserted vide Section 19 of the Finance Act, 2006 (Act No. III of 2006)
08
GENERAL
PERVEZ MUSHARRAF,
President.
_____________
MR. JUSTICE
MANSOOR AHMED,
Secretary.
*[THE SCHEDULE]
1.
*Inserted vide Section 19 of the Finance Act, 2006 (Act No. III of 2006)
09
PPRA
REGISTERED No.M-302
L.-7646
The Gazette
of Pakistan
EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, WEDNESDAY, JUNE 9, 2004
PART II
Statutory Notifications (S.R.O.)
GOVERNMENT OF PAKISTAN
FINANCE DIVISION
(Admn. And Coord. Wing)
NOTIFICATION
Islamabad, the June 8, 2004
S.R.O.432(I)/2004.- In exercise of the powers conferred by section 26 of the Public
Procurement Regulatory Authority Ordinance, 2002 (XXII of 2002), the Federal
Government is pleased to make the following rules, namely:1. Short title and commencement.-(1) These rules may be called the Public
Procurement Rules, 2004.
(2) They shall come into force at once.
GENERAL PROVISION
2. Definitions.- (1) In these rules, unless there is anything repugnant in the subject
or context,-
13
14
(2) The expressions used but not defined in these rules shall have the same
meanings as are assigned to them in the Ordinance.
3. Scope and applicability.-Save as otherwise provided, these rules shall apply to
all procurement made by all procuring agencies of the Federal Government whether
within or outside Pakistan.
4. Principles of procurements.- Procuring agencies, while engaging in
procurements, shall ensure that the procurements are conducted in a fair and transparent
manner, the object of procurement brings value for money to the agency and the
procurement process is efficient and economical.
5. International and inter-governmental commitments of the Federal
Government.-Whenever these rules are in conflict with an obligation or commitment of
the Federal Government arising out of an international treaty or an agreement with a
State or States, or any international financial institution the provisions of such
international treaty or agreement shall prevail to the extent of such conflict.
6. Language.- (1) All communications and documentation related to
procurements of the Federal Government shall either be in Urdu or English or both.
Except where a procuring agency is situated outside the territories of Pakistan and
procurements are to be made locally, the procuring agency may use the local language in
addition to Urdu or English.
(2) Where the use of local language is found essential, the original documentation
shall be in Urdu or English, which shall be retained on record; for all other purposes their
translations in local language shall be used:
Provided that such use of local language ensures maximum economy and efficiency
in the procurement.
(3) In case of the dispute reference shall be made to the original documentation
retained on record.
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.
PROCUREMENT PLANNING
8. Procurement planning.-Within one year of commencement of these rules, all
procuring agencies shall devise a mechanism, for planning in detail for all proposed
procurements with the object of realistically determining the requirements of the
15
procuring agency, within its available resources, delivery time or completion date and
benefits that are likely to accrue to the procuring agency in future.
9. Limitation on splitting or regrouping of proposed procurement.- Save as
otherwise provided and subject to the regulation made by the Authority, with the prior
approval of the Federal Government, a procuring agency shall announce in an
appropriate manner all proposed procurements for each financial year and shall proceed
accordingly without any splitting or regrouping of the procurements so planned. The
annual requirements thus determined would be advertised in advance on the Authority's
website as well as on the website of the procuring agency in case the procuring agency
has its own website.
10. Specifications.-Specifications shall allow the widest possible competition and
shall not favour any single contractor or supplier nor put others at a disadvantage.
Specifications shall be generic and shall not include references to brand names, model
numbers, catalogue numbers or similar classifications. However if the procuring agency
is convinced that the use of or a reference to a brand name or a catalogue number is
essential to complete an otherwise incomplete specification, such use or reference shall
be qualified with the words or equivalent:
*[Provided that this rule shall not apply to procurement made by public sector
commercial concerns on the demand of private sector client specifying, in writing, a
particular brand, model or classification of equipment, machinery or other objects.]
11. Approval mechanism.- All procuring agencies shall provide clear
authorization and delegation of powers for different categories of procurement and shall
only initiate procurement once approval of the competent authorities concerned has
been accorded.
PROCUREMENT ADVERTISEMENTS
12. Methods of advertisement.- (1) Procurements over **[one hundred] thousand
rupees and up to the limit of ***[two million] rupees shall be advertised on the
Authority's website in the manner and format specified by regulation by the Authority
from time to time. These procurement opportunities may also be advertised in print
media, if deemed necessary by the procuring agency:
**Provided that the lower financial limit for advertisement on Authority's website
for open competitive bidding shall be the prescribed financial limit for request for
quotations under clause (b) of rule 42.
*Inserted vide S.R.O. No. 1022(I)/2008 dated 23-9-2008
**The word forty was substituted with the words one hundred vide S.R.O.1241(I)/2006 dated 13-12-2006
***The words one million was substituted with the words two million vide S.R.O.1241(I)/2006 dated 13-12-2006
16
(2) All procurement opportunities over *[two million] rupees should be advertised
on the Authority's website as well as in other print media or newspapers having wide
circulation. The advertisement in the newspapers shall principally appear in at least two
national dailies, one in English and the other in Urdu.
(3) In cases where the procuring agency has its own website it may also post all
advertisements concerning procurement on that website as well.
(4) A procuring agency utilizing electronic media shall ensure that the information
posted on the website is complete for the purposes for which it has been posted, and such
information shall remain available on that website until the closing date for the
submission of bids.
13. Response time.- (1) The procuring agency may decide the response time for
receipt of bids or proposals (including proposals for pre-qualification) from the date of
publication of an advertisement or notice, keeping in view the individual procurement's
complexity, availability and urgency. However, under no circumstances the response
time shall be less than fifteen **[days] for national competitive bidding and thirty
**[days] for international competitive bidding from the date of publication of
advertisement or notice.
All advertisements or notices shall expressly mention the response time allowed for
that particular procurement along with the information for collection of bid documents
which shall be issued till a given date, allowing sufficient time to complete and submit
the bid by the closing date:
Provided that no time limit shall be applicable in case of emergency.
(2) The response time shall be calculated from the date of first publication of the
advertisement in a newspaper or posting on the website, as the case may be.
(3) In situations where publication of such advertisements or notices has occurred
in both electronic and print media, the response time shall be calculated from the day of
its first publication in the newspapers.
14. Exceptions.-It shall be mandatory for all procuring agencies to advertise all
procurement requirements exceeding ***[prescribed financial limit which is applicable
under sub-clause (i) of clause (b) of rule 42]. However, under following circumstances
deviation from the requirement is permissible with the prior approval of the Authority:*The words one million was substituted with the words two million vide S.R.O.1241(I)/2006 dated 13-12-2006
**The wordsworking days were substituted with the word days vide S.R.O.1241(I)/2006 dated 13-12-2006
***The words forty thousand rupees were substituted with the words prescribed financial limit which is applicable
under subclause (i) of the clause (b) of rule 42 vide S.R.O.1241(I)/2006 dated 13-12-2006
17
(a) the proposed procurement is related to national security and its publication
could jeopardize national security objectives; and
(b) 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.
PRE-QUALIFICATION, QUALIFICATION AND DIS-QUALIFICATION OF
SUPPLIERS AND CONTRACTORS
15. Pre-qualification of suppliers and contractors.- (1) A procuring agency, prior
to the floating of tenders, invitation to proposals or offers in procurement proceedings,
may engage in 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. Such pre-qualification shall solely be based upon
the ability of the interested parties to perform that particular work satisfactorily.
(2) A procuring agency while engaging in pre-qualification may take into
consideration the following factors, namely:(a)
(b)
(c)
(d)
(e)
16. Pre-qualification process.- (1) The procuring agency engaging in prequalification shall announce, in the pre-qualification documents, all information
required for pre-qualification including instructions for preparation and submission of
the pre-qualification documents, evaluation criteria, list of documentary evidence
required by suppliers or contractors to demonstrate their respective qualifications and
any other information that the procuring agency deems necessary for pre-qualification.
(2) The procuring agency shall provide a set of pre-qualification documents to any
supplier or contractor, on request and subject to payment of price, if any.
Explanation.- For the purposes of this sub-rule price means the cost of printing and
providing the documents only.
(3) The procuring agency shall promptly notify each supplier or contractor
submitting an application to pre-qualify whether or not it has been pre-qualified and
shall make available to any person directly involved in the pre-qualification process,
upon request, the names of all suppliers or contractors who have been pre-qualified.
Only suppliers or contractors who have been pre-qualified shall be entitled to participate
18
19
invitation to bid;
instructions to bidders;
form of bid;
form of contract;
general or special conditions of contract;
specifications and drawings or performance criteria (where applicable);
list of goods or bill of quantities (where applicable);
delivery time or completion schedule;
qualification criteria (where applicable);
bid evaluation criteria;
format of all securities required (where applicable);
details of standards (if any) that are to be used in assessing the quality of
goods, works or services specified; and
(m) any other detail not inconsistent with these rules that the procuring agency
may deem necessary.
(3) Any information, that becomes necessary for bidding or for bid evaluation, after
the invitation to bid or issue of the bidding documents to the prospective bidders, shall be
provided in a timely manner and on equal opportunity basis. Where notification of such
change, addition, modification or deletion becomes essential, such notification shall be
made in a manner similar to the original advertisement.
(4) Procuring agencies shall use standard bidding documents as and when notified
by regulation by the Authority:
Provided that bidding documents already in use of procuring agencies may be
retained in their respective usage to the extent they are not inconsistent with these rules,
and till such time that the standard bidding documents are specified by regulations.
(5) The procuring agency shall provide a set of bidding documents to any supplier
or contractor, on request and subject to payment of price, if any.
Explanation.- For the purpose of this sub-rule price means the cost of printing and
providing the documents only.
24. Reservations and preference.- (1) Procuring agencies shall allow all
prospective bidders to participate in procuring procedure without regard to nationality,
except in cases in which any procuring agency decides to limit such participation to
20
21
22
(2) The procuring agency shall incur no liability, solely by virtue of its invoking
sub-rule (1) towards suppliers or contractors who have submitted bids or proposals.
(3) Notice of the rejection of all bids or proposals shall be given promptly to all
suppliers or contractors that submitted bids or proposals.
34. Re-bidding.- (1) If the procuring agency has rejected all bids under rule 33 it
may call for a re-bidding.
(2) The procuring agency before invitation for re-bidding shall assess the reasons
for rejection and may revise specifications, evaluation criteria or any other condition for
bidders as it may deem necessary.
35. Announcement of evaluation reports.-Procuring agencies shall announce the
results of bid evaluation in the form of a report giving justification for acceptance or
rejection of bids at least ten days prior to the award of procurement contract.
36. Procedures of open competitive bidding.- Save as otherwise provided in these
rules the following procedures shall be permissible for open competitive bidding,
namely:(a) Single stage - one envelope procedure.-Each bid shall comprise one single
envelope containing, separately, financial proposal and technical proposal
(if any). All bids received shall be opened and evaluated in the
manner prescribed in the bidding document.
(b) Single stage two envelope procedure.(i)
(ii)
(iii)
(iv)
(v)
23
(vi)
(vii)
(viii) after the evaluation and approval of the technical proposal the
procuring agency, shall at a time within the bid validity period,
publicly open the financial proposals of the technically accepted
bids only. The financial proposal of bids found technically nonresponsive shall be returned un-opened to the respective bidders;
and
(ix)
(ii)
(iii)
(iv)
the procuring agency may revise, delete, modify or add any aspect
of the technical requirements or evaluation criteria, or it may add
new requirements or criteria not inconsistent with these rules:
Provided that such revisions, deletions, modifications or
additions are communicated to all the bidders equally at the time of
invitation to submit final bids, and that sufficient time is allowed to
the bidders to prepare their revised bids:
Provided further that such allowance of time shall not be less
than fifteen days in the case of national competitive bidding and
thirty days in the case of international competitive bidding;
(v)
24
Second Stage:
(vi)
(vii)
(viii) the revised technical proposal and the financial proposal shall be
evaluated in the manner prescribed above. The bid found to be the
lowest evaluated bid shall be accepted:
Provided that in setting the date for the submission of the
revised technical proposal and financial proposal a procuring
agency shall allow sufficient time to the bidders to incorporate the
agreed upon changes in the technical proposal and prepare their
financial proposals accordingly.
(d) Two stage two envelope bidding procedure.First Stage:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
25
(vii)
Second Stage:
(viii) after agreement between the procuring agency and the bidders on
the technical requirements, bidders who are willing to conform to
the revised technical specifications and whose bids have not
already been rejected shall submit a revised technical proposal and
supplementary financial proposal, according to the technical
requirement;
(ix)
(x)
37. Conditions for use of single stage two envelope, two stage and two stage two
envelope bidding procedures.- Single stage one envelope bidding procedure shall
ordinarily be the main open competitive bidding procedure used for most of the
procurement. Other appropriate procedures of open competitive bidding shall be
selected in the following circumstances, namely:(a) single stage two envelope bidding procedure shall be used where the bids
are to be evaluated on technical and financial grounds and price is taken
into account after technical evaluation;
(b) two stage bidding procedure shall be adopted in large and complex
contracts where technically unequal proposals are likely to be encountered
or where the procuring agency is aware of its options in the market but, for
a given set of performance requirements, there are two or more equally
acceptable technical solutions available to the procuring agency; and
(c) two stage two envelope bidding method shall be used for procurement
26
*The words ten thousand were substituted with the words twenty five thousand vide S.R.O. 1241(I)/2006
dated 13-12-2006
27
(iii)
(iv)
(ii)
(iii)
*The words forty thousand were substituted with the words one hundred thousand vide S.R.O.1241(I)/2006 dated 13-12-2006
**for the semicolon at the end, a colon was substituted and there after the above proviso was added vide S.R.O.1241(I)/2006 dated
13-12-2006
28
years in duration;
(iv)
(v)
in case of an emergency:
Provided that the procuring agencies shall specify appropriate
fora vested with necessary authority to declare an emergency;
(ii)
(iii)
43. On account payments.- All procuring agencies shall make prompt payments to
suppliers and contractors against their invoices or running bills within the time given in
the conditions of the contract, which shall not exceed thirty days.
* Inserted vide S.R.O. 65(I)/2006 dated 27-1-2006
** Inserted vide S.R.O. 1241(I)/2006 dated 13-12-2006
*** The words motor car were substituted with the words motor vehicle" vide S.R.O.1022(I)/2008 dated 23-09-2008
29
44. Entry into force of the procurement contract.-A procurement contract shall
come into force:
(a) where no formal signing of a contract is required, from the date the notice
of the acceptance of the bid or purchase order has been given to the bidder
whose bid has been accepted. Such notice of acceptance or purchase order
shall be issued within a reasonable time; or
(b) where the procuring agency requires signing of a written contract, from the
date on which the signatures of both the procuring agency and the
successful bidder are affixed to the written contract. Such affixing of
signatures shall take place within a reasonable time:
Provided that where the coming into force of a contract is
contingent upon fulfillment of a certain condition or conditions, the
contract shall take effect from the date whereon such fulfillment takes
place.
45. Closing of contract.- (1) Except for defect liability or maintenance by the
supplier or contractor, as specified in the conditions of contract, performance of the
contract shall be deemed close on the issue of overall delivery certificate or taking over
certificate which shall be issued within thirty days of final taking over of goods or
receiving the deliverables or completion of works enabling the supplier or contractor to
submit final bill and the auditors to do substantial audit.
(2) In case of defect liability or maintenance period, defect liability certificate shall
be issued within thirty days of the expiry of the said period enabling the supplier or
contractor to submit the final bill. Except for unsettled claims, which shall be resolved
through arbitration, the bill shall be paid within the time given in the conditions of
contract, which shall not exceed sixty days to close the contract for final audit.
MAINTENANCE OF RECORD AND FREEDOM OF INFORMATION
46. Record of procurement proceedings.- (1) All procuring agencies shall
maintain a record of their respective procurement proceedings along with all associated
documentation for a minimum period of five years.
(2) Such maintenance of record shall be subject to the regulations framed in this
regard from time to time.
47. Public access and transparency.-As soon as a contract has been awarded the
procuring agency shall make all documents related to the evaluation of the bid and award
of contract public:
Provided that where the disclosure of any information related to the award of a
contract is of proprietary nature or where the procuring agency is convinced that such
30
31
PPRA
REGISTERED No.M-302
L.-7646
The Gazette
of Pakistan
EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, FRIDAY, AUGUST 1, 2008
PART II
Statutory Notifications (S.R.O.)
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
(Cabinet Division)
NOTIFICATION
Islamabad, the July 11, 2008
S.R.O.805(I)/2008.- In exercise of the powers conferred by section 27 of the Public
Procurement Regulatory Authority Ordinance, 2002 (XXII of 2002), the Authority is
pleased to make the following regulations, namely:1. Short title and commencement.-(1) These regulations may be called the
Public Procurement Regulations, 2008.
(2) They shall come into force at once.
2. Definitions.- (1) In these regulations, unless there is anything repugnant in the
subject of context,(a) Ordinance means the Public Procurement Regulatory Authority
Ordinance, 2002 (XXII of 2002); and
(b) rules means the Public Procurement Rules, 2004.
(2) The expression used but not defined herein shall have the same meaning as are
assigned to them in Ordinance and rules.
35
(g) in case of rejection of bids pursuant to rule 33 of the rules, its complete
record;
(h) in case of any other method of procurement except open competitive
bidding which does not culminate in procurement contract, a statement to
that effect and the reasons thereof; and
(i)
5. Obtaining the record.- (1) After acceptance of the bids or, as the case may be,
termination of the procurement proceedings without resulting in a contract, any person
may, on request, obtain the records referred to in clauses (a) and (c) of Regulation 4.
(2) After acceptance of the bids or, as the case may be, termination of the
36
procurement proceedings without resulting in a contract any person who submitted bids
proposals, offers or quotations or applied for pre-qualification may obtain, on request,
the records referred to in clauses (b), (d), (e), (f) and (g) of Regulation 4.
(3) The record referred to in Regulation 4 may also be made available within a
reasonable time to the Auditor General of Pakistan or any authorized officer of the
Authority or the Federal Government.
6. No liability to suppliers etc.-A procuring agency shall not be liable to suppliers
or contractors for damages owing solely to a failure of keeping record of the
procurement proceedings in accordance with these regulations.
[F.No.2/1/2008/PPRA-RA.III]
Sd/MUHAMMAD FAROOQ
Section Officer (RA-III)
37
PPRA
REGISTERED No.M-302
L.-7646
The Gazette
of Pakistan
EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, THURSDAY, DECEMBER 31, 2009
PART II
Statutory Notifications (S.R.O.)
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
(Cabinet Division)
NOTIFICATION
th
Islamabad, the 9 July, 2009
S.R.O.1170(I)/2009.- In exercise of the powers conferred by section 27 of the
Public Procurement Regulatory Authority Ordinance, 2002 (XXII of 2002), the Public
Procurement Regulatory Authority is pleased to make the following regulations,
namely:1. Short title and commencement.- (1) The regulations may be called the Public
Procurement Regulations, 2009.
(2) They shall come into force at once.
2. Posting of contract awards on PPRA's Website.-All procuring agencies
whether within or outside Pakistan shall post Contract Awards over fifty million rupees
on PPRA's website on the proformas as set out in Annexure-I and Annexure-II to these
regulations:
Provided that where any information is related to the award of a contract is of
proprietary nature or where the procuring agency is convinced that such disclosure of
information shall be against the public interest, it can withhold only such information
from uploading on PPRA's website subject to the prior approval of the Public
Procurement Regulatory Authority.
[No.2/1/2008/PPRA-RA.III]
Sd/MUHAMMAD FAROOQ
Section Officer (RA-III)
41
42
43
____________________________________________________________________
____________________________________________________________________
NEED ANALYSIS (Why procurement was necessary?) ______________________
__________________________________________________________ __________
____________________________________________________________________
IN CASE EXTENSION WAS MADE IN RESPONSE TIME, WHAT WERE THE
REASONS (Briefly describe) ____________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
WHETHER NAMES OF THE BIDDERS AND THEIR PRICES WERE READ
OUT AT THE TIME OF OPENING OF BIDS _________________________Yes/No
DATE OF CONTRACT SIGNING _______________________________________
(Attach a copy of agreement)
____________________________________________________________________
____________________________________________________________________
44
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
[F.No.2/1/2008/PPRA -RA.III]
45
PPRA
REGISTERED No.M-302
L.-7646
The Gazette
of Pakistan
EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, MONDAY, NOVEMBER 29, 2010
PART II
Statutory Notifications (S.R.O.)
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
(Cabinet Division)
NOTIFICATION
th
49
request for proposal means set of bidding documents sent to short listed
or interested consultants and includes at least:(i)
(ii)
(iii)
(iv)
(v)
letter of invitation;
instructions to consultants;
terms of reference;
evaluation criteria; and
the proposed contract.
(2) The expressions used but not defined in these regulations shall have the same
meanings as are assigned to them in the Public Procurement Regulatory Authority
Ordinance, 2002 and Public Procurement Rules, 2004.
3. Methods for selection of consultants.-The method for selection of consultants
shall be determined by the procuring agency prior to issuance of the request for proposal
from prospective consultants. A procuring agency may utilize one of the following
methods for selection of consultants, namely:A.
(i)
(ii)
Procedure for selection under the quality based selection.(a) a request for expression of interest as laid down under
regulation 5 is advertised to invite interested applicants or
firms to contest;
(b) a request for proposals shall be prepared and sent to shortlisted consultants selected following the laid down criteria;
(c) the evaluation of proposals shall be carried out in two stages in
the following manner, namely:(i) the technical proposals shall be evaluated and the
procuring agency may discuss technical details, if it may
deem necessary;
50
(i)
(ii)
(i)
(ii)
Procedures for Selection under Least Cost Selection.(a) following evaluation of technical proposals and opening of
financial proposals, the applicant offering the lowest evaluated
price shall be selected for discussions on technical issues if
deemed necessary; and
51
(i)
(ii)
Procedures for Selection under Single Source Selection.(a) the justification for single source selection method shall be
examined in the context of the overall interests of the procuring
agency to ensure economy and efficiency and provide equal
opportunity to all eligible consultants, therefore, the decision
to use single source selection method shall be approved in
writing by the principal accounting officer, concerned on
recommendation by a Committee; and
(b) the request for proposals or TOR, as the case may be, shall be
issued to the selected consultant and the selected consultant
shall be requested to submit a technical and financial proposal
upon the receipt of which discussions shall be held between the
proposal evaluation committee and the selected consultant and
all aspects of its proposal, whether technical or financial, shall
be discussed together in order to reach an agreement or contract
etc; and
E.
52
(i)
(ii)
53
qualification;
general experience;
specific experience;
past performance; and
any other factor that a procuring agency may deem relevant, not
inconsistent with these regulations or Public Procurement Rules, 2004.
8. Request for proposals.- (1) The procuring agency shall use a request for
proposals for seeking proposals from the consultants whether short listed or prequalified
or not, which shall include the following, namely:(a) Letter of Invitation.-The letter of invitation shall mention the name and
address of the procuring agency and shall state the intention of the
procuring agency to enter into a contract for provision of consulting
services.
(b) Instruction to consultants.- The instructions to consultants shall contain
all necessary information that would help them prepare responsive
proposals and shall bring as much transparency as possible to the selection
system.
(c) Terms of reference.-Terms of reference shall unambiguously define the
objectives, goals and scope of the assignment besides conditions of
contract. Terms of reference shall list the services and surveys necessary to
carry out the assignment and expected outputs.
54
(f)
(i)
lump sum contract will be used mainly for assignments in which the
content, duration of the services and the required output are
unambiguously defined;
(ii)
(iii)
hourly or daily rates based contract will be used for small projects,
especially when the assignment is for less than a month; and
(iv)
(g) Special Provisions.- The procuring agency may specify any other
requirement related to the assignment or contract etc. where required.
(2) The procuring agency shall invite the prospective consultants to submit their
technical and financial proposals in separately sealed envelopes. The procuring agency
shall give deadline for submission of proposals. Consultants shall be given adequate
time to prepare their proposals which shall be in accordance with response time
stipulated under rule 13 of the Public Procurement Rules, 2004.
9. Selection Committee.- (1) The procuring agency shall appoint Committee for
short listing and selection of consultant. The Committee shall comprise of at least three
competent relevant persons to evaluate the consultants as per evaluation criteria. In case
of non-availability of in-house expertise the procuring agency may engage outside
appropriate sources.
(2) The Committee shall advise on short listing and prequalification of consultants.
(3) Except for single source selection, the Committee shall evaluate the request for
proposals in accordance with clause (b) of rule 36 of the Public Procurement Rules,
2004.
(4) The bidder whose technical and financial proposal is the most advantageous
shall be ranked highest and his bid accepted:
Provided that adjustments in the main days of various level of professionals etc. may
be negotiated, as per requirement if deemed necessary, without any price or rate
negotiations.
55
56
PPRA
The Gazette
of Pakistan
EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, THURSDAY, JULY 21, 2011
PART II
Statutory Notifications (S.R.O.)
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
(Cabinet Division)
NOTIFICATION
Islamabad, the 18th July, 2011
S.R.O.719(I)/2011.-In exercise of the powers conferred by section 27 of the Public
Procurement Regulatory Authority Ordinance, 2002 (No. XXII of 2002), the Public
Procurement Regulatory Authority is pleased to make the following regulations,
namely:1. Short title and commencement.- (1) The regulations may be called the Public
Procurement Regulations, 2011.
2. They shall come into force at once.
3. International and inter-governmental commitments of Federal
Government.- Whenever a sponsoring Ministry/Division is of the view that
prospective procurement are required to be made by invoking rule-5 of Public
Procurement Rules, 2004, it shall bring a case to the ECC after undertaking due
consultations with the stakeholder Ministries/Divisions/Departments etc. as prescribed
in the Rules of Business, 1973. The ECC shall consider such case(s) and authorize, or
otherwise the sponsoring Ministry/Division whether or not to proceed in terms of rule-5
of the Public Procurement Rules, 2004.
[No.2/1/2010-RA.III/PPRA.]
Sd/MALIK MOHAMMAD USMAN,
Section Officer (RA-III).
59
PPRA Instructions
PPRA
PPRA INSTRUCTIONS
Government of Pakistan
Ministry of Finance
Public Procurement Regulatory Authority
Mr. Sajid Hassan
AddI. Finance Secretary (Exp)/MD
Tele: 9201496
P.C. 44000
D.O. No.F.3(7)/2002/PPRA
Islamabad, the 5-10-2002
Subject:
My dear Secretary,
I am directed to say that in a meeting of the Economic Coordination Committee
of the Cabinet held on 23rd September, 2002 the question of adoption of good
procurement practices by the public sector agencies was discussed. After due discussion,
it was decided that all the public sector agencies, whether attached/subordinate or
autonomous working under a Ministry will always demand a certificate, as attached
herewith, while procuring goods & services worth Rs 10 million or more. This
certificate inter alia, will be checked by the Auditors at the time of audit. This
requirement is mandatory and may be complied with in all circumstances.
2.
You are requested to convey this decision to all attached Departments,
Subordinate Offices, Autonomous/Semi Autonomous Bodies and Corporations etc.,
working under your Ministry for strict compliance.
With best regards,
Yours sincerely,
Sd/(Sajid Hassan)
All Secretaries to the Ministries / Divisions
63
PPRA INSTRUCTIONS
INTEGRITY PACT
DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC. PAYABLE BY
THE SUPPLIERS OF GOODS, SERVICES & WORKS IN CONTRACTS WORTH
RS.10.00 MILLION OR MORE
Contract Number:__________________________
Contract Value: __________________________
Contract Title: __________________________
Dated: _______________
[Name of Supplier] hereby declares that it has not obtained or induced the procurement of any
contract, right, interest, privilege or other obligation or benefit from Government of Pakistan or
any administrative subdivision or agency thereof or any other entity owned or controlled by it
(GoP) through any corrupt business practice.
Without limiting the generality of the foregoing [Name of Supplier] represents and warrants
that it has fully declared the brokerage, commission, fee etc. paid or payable to anyone and not
given or agreed to give and shall not give or agree to give to anyone within or outside Pakistan
either directly or indirectly through any natural or juridical person, including its affiliate, agent,
associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any
commission, gratification, bribe, finder's fee or kickback, whether described as consultations fee
or otherwise, with the object of obtaining or inducing the procurement of a contract, right,
interest, privilege or other obligation or benefit in whatsoever form from GoP, except that which
has been expressly declared pursuant hereto.
[Name of Supplier] certifies that it has made and will make full disclosure of all agreements
and arrangements with all persons in respect of or related to the transaction with GoP and has not
taken any action or will not take any action to circumvent the above declaration, representative or
warranty.
[Name of Supplier] accepts full responsibility and strict liability for making and false
declaration, not making full disclosure, misrepresenting fact or taking any action likely to defeat
the purpose of this declaration, representation and warranty. It agrees that any contract, right
interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without
prejudice to any other right and remedies available to GoP under any law, contract or other
instrument, be voidable at the option of GoP.
Notwithstanding any rights and remedies exercised by GoP in this regard, [Name of Supplier]
agrees to indemnify GoP for any loss or damage incurred by it on account of its corrupt business
practices and further pay compensation to GoP in an amount equivalent to ten time the sum of any
commission, gratification, bribe, finder's fee or kickback given by [Name of Supplier] as aforesaid for
the purpose of obtaining or inducing the procurement of any contract, right, interest, privilege or
other obligation or benefit in whatsoever form from GoP.
__________________
[Buyer]
64
__________________
[Seller/Supplier]
PPRA INSTRUCTIONS
Government of Pakistan
Ministry of Finance
(FINANCE DIVISION)
SECRETARY FINANCE
Tele: 9210291
Fax: 9218062
D.O. No.687/MD(PPRA) 05
Islamabad, September 14, 2005
Subject:
INTEGRITY PACT
My dear
Kindly refer to Finance Division D.O. letter No. 3(7)/2002/PPRA, dated 510-2002 wherein it was made mandatory for all public sector agencies to sign an
integrity pact by all Ministries, Divisions, departments as well as autonomous/semi
autonomous agencies under their administrative control, with the suppliers of goods,
services and works for all contracts exceeding Rs. 10.00 million in the form of certificate
as prescribed.
2.
It has now been decided that instead of signing a separate integrity pact with
their suppliers of goods, services and works a disclosure clause should be made a part of
the contract. I am enclosing herewith a proposed working, which should be made a part
of all contracts exceeding Rs. 10.00 million in value.
3.
I shall be grateful if you would kindly circulate these instructions to all public
sector agencies under the administrative control of your Ministry for strict compliance.
A report on implementation may please be send to this Ministry at the earliest.
With regards,
Yours sincerely,
Sd/(Nawid Ahsan)
65
PPRA INSTRUCTIONS
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
CABINET DIVISION
***
No.F.4/1/2008/PPRA-RA.III
Islamabad, 9th April, 2008
OFFICE MEMORANDUM
Subject: REQUEST TO ENHANCE THE FINANCIAL LIMITS FOR OPEN
TENDERS FOR PAK-MISSIONS ABROAD
The undersigned is directed to refer to Ministry of Foreign Affairs U.O No. 1(9)F&A/2004-05-3746 dated 12th July, 2007 on the above noted subject and to state that the
proposal contained therein for enhancing the financial limits for open tender(s) by the
Pakistan's Missions abroad was considered by the PPRA's Board in its 6th meeting held
on 12th February, 2008.
2.
The Board approved the proposal of Ministry of Foreign Affairs to enhance
financial limits for procurement under open tender for Pakistan's Missions abroad as
under:Sr#
Kind of tender
Present limits
announced in January,
2004 by Finance
Division
Above Rs.100,000/-
Open Tender
Limited Tender
Single Tender
Monetary
Limits for
Pakistan's Missions
abroad
US$ 4,000/ - or
Euro
Less than US$
4,000/ - or Euro
3,000/ - & above
US$
2,000/ - & Euro
1,500/Upto US$ 2,000/- or
Euro 1,500/
Sd/(Muhammad Farooq)
Section Officer (RA-III)
Tel # 051-9201444
Mr. Rizwan Ahmad Sheikh,
Assistant Director (F&A),
Ministry of Foreign Affairs,
Islamabad
Copy to:- The Managing Director, PPRA, Islamabad.
66
PPRA INSTRUCTIONS
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
CABINET DIVISION
***
No.2/1/2008/PPRA-RA.III
th
To,
The Managing Director,
Public Procurement Regulatory Authority,
Islamabad
Subject: APPLICABILITY OF PUBLIC PROCUREMENT RULES, 2004 ON
PUBLIC PRIVATE PARTNERSHIP (PPP)
I am directed to refer to Public Procurement Regulatory Authority's O.M No.
1(8)/DD-I/PPRA/PSM-II/07dated15rhMarch, 2008 on the above subject and to state
that the PPRA's Board has taken following decision under Section 5 (2) (C) of the Public
Procurement Regulatory Authority Ordinance, 2002 on the Public Private Partnership
(PPP) projects in its meeting held on 12th February, 2008.
2.
The Board discussed the proposal and after detailed deliberations, observed that
Public Private Partnership (PPP) projects may broadly be of the following two types:a)
PPP projects in which the Federal Government does not have any equity of
ownership and procurement are made by the private party
b)
PPP projects in which the Federal Government and the private party have
joint equity or ownership through a corporate body and procurement are
made by such body.
3.
The Board clarified that the PPRA Ordinance, 2002 and Public Procurement
Rules, 2004 will not be applicable to the type (a) mentioned at para-2 above, while type
(b) will be governed by the PPRA Ordinance and Rules.
Sd/(Muhammad Farooq)
Section Officer (RA.III)
Ph # 051-9201444
Copy to: The Secretary, Finance Division, Islamabad
67
PPRA INSTRUCTIONS
No.F.2(6)/DD-II/PPRA/2009
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
HafeezurRehman
Managing Director
Tele:051-9224824
Fax: 051-9224823
68
PPRA INSTRUCTIONS
No.3(8)/DD-(M&IMP)/PPRA/tender fee/09
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
Hafeez-ur-Rehman
Managing Director
Tel: 051-9224824
Fax: 051-9224823
Yours sincerely,
Sd/(Hafeez-ur-Rehman)
All Federal Secretaries / Head of Departments
69
PPRA INSTRUCTIONS
No.F.3(5)/DD-II/PPRA/2009
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
Hafeez ur Rehman
Managing Director
Tele:051-9224824
Fax: 051-9224823
70
PPRA INSTRUCTIONS
No.F.3(4)/DD-II/PPRA/2010
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
Hafeez ur Rehman
Managing Director
Tele:051-9224824
Fax: 051-9224823
Subject:
My dear Secretary,
Rule-12(2) of Public Procurement Rules, 2004 provides that all procurement
opportunities over two million rupees should be advertised on the Authority's website as
well as in other print media or newspapers with wide circulation.
2.
Kindly direct all concerned that Tenders appearing in the press should
Yours sincerely,
Sd/(Hafeez ur Rehman)
All Federal Secretaries
71
PPRA INSTRUCTIONS
No.F.3(7)/DD-II/PPRA/2010
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
Hafeez ur Rehman
Managing Director
Tele:051-9224824
Fax: 051-9224823
2.
With growing awareness of public procurement law and rules, government organizations
exercise more care and caution in award of contracts. Although PPRA has now a sustainable capacity
building institute in the form of National Institute of Procurement along with daily monitoring and
mentoring, yet Ministries seek more comfort by attempting to involve PPRA in line clearing functions
in award of contracts. This is neither provided in law, rules or policy laid down by the Board.
3.
Since conception PPRA's role has been unambiguous, initial Assessment Report by the WB
set the following in stone:
Creating a small, professionally staffed, independent regulatory agency to develop the
procurement framework, with functions which are mainly confined to policy,
documentation, development of rules, etc. and not to include line clearance functions for
awarding of contracts.
4.
This was periodically reiterated by the Board including the last direction contained in the 6th
Board meeting dated 12th February, 2008.
5.
Requesting / directing PPRA to be a part of line functions is in conflict with PPRA's raison
d'etre, policy, practice, level playing field, balance of stakeholder interest, grievance handling,
neutrality, transparency and fairness.
6.
This is to humbly request you to keep this in mind and direct all concerned. Thanking you in
anticipation.
Yours sincerely,
Sd/(Hafeez ur Rehman)
All Federal Secretaries
72
PPRA INSTRUCTIONS
No.F.7(35)/DD-I/PPRA/2010
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
Hafeez ur Rehman
Managing Director
Tele:051-9224824
Fax: 051-9224823
Subject: TENDER NOTICE ON PPRA WEBSITE AND ITS PROOF FOR AUDIT
AND RECORD
Dear
Rule 12(4) of Public Procurement Rules, 2004 stipulates that: A procuring agency utilizing electronic media shall ensure that the
information posted on the website is complete for the purposes for which it has
been posted and such information shall remain available on that website until
the closing date for submission of bids.
2.
Beyond the closing date, web based advertisement / tender notice shall remain
record and audit. In case of need, beyond the period of 40 days, when the advertisement /
tender notice stands withdrawn from our website we shall be obliged to provide the same
on a request in writing.
With best regards,
Yours sincerely,
Sd/(Hafeez ur Rehman)
All Federal Secretaries / Procuring Agencies
73
PPRA INSTRUCTIONS
No.F.3(12)/DD-II/PPRA/2010
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
Hafeez ur Rehman
Managing Director
Tele:051-9224824
Fax: 051-9224823
74
PPRA INSTRUCTIONS
No.F.1(28)/DD-I/PPRA/11
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
Hafeez ur Rehman
Managing Director
Tele:051-9224824
Fax: 051-9224823
your Ministry may be advised to refrain from such practices and follow Public
Procurement Rules, 2004 in letter & spirit.
With best regards,
Yours sincerely,
Sd/(Hafeez ur Rehman)
All Federal Secretaries
75
PPRA INSTRUCTIONS
No.F.2(21)/DD(M&Imp)PPRA/Rules Imp./09
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
NAZRAT BASHIR
Managing Director
PPRA has provided the facility to public sector procuring agencies for directly
uploading their tenders on the website after getting an ID and password from PPRA to
fulfill their mandatory requirement. In most of the cases the tenders are only published in
print media ignoring advertisement on PPRA website in violation of Rule 12 of Public
Procurement Rules, 2004.
3.
76
PPRA INSTRUCTIONS
No.F.1(3)/AD-II/PPRA/12
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
NAZRAT BASHIR
Managing Director
In terms of Rule 35, the procuring agencies shall announce the results of bid
evaluation in the form of a report giving justification for acceptance or rejection of bids
at least ten days prior to the award of procurement contract. Specimen of Bid Evaluation
Report is enclosed.
3.
77
PPRA INSTRUCTIONS
EVALUATION REPORT
(As per Rule 35 of Public Procurement Rules, 2004)
1.
2.
Method of Procurement
3.
Title of Procurement ..
4.
Tender Inquiry No
5.
6.
7.
8.
9.
10.
Name of
Bidder
Technical
Financial
(if applicable)
(if applicable)
Rule/Regulation/SBD*/Policy/
Evaluated Basis for Rejection / Acceptance
Cost
as per Rule 35 of PP Rules, 2004.
(Add Column if
Required)
Any other additional / supporting information, the procuring agency may like to
share
Signature
Official Stamp
*Standard Bidding Documents (SBD)
78
PPRA INSTRUCTIONS
GOVERNMENT OF PAKISTAN
MINISTRY OF LAW AND JUSTICE
<><><><>
Islamabad, the 20th November, 2012
No.F.488/2012-Law-I
OFFICE MEMORANDUM
Subject: APPLICATION OF PPRA RULES 2004 AND INSURANCE ORDINANCE
2000
The undersigned is directed to refer to Cabinet Division's O.M. No.3/4/2010-RA.III
(PPRA), dated 19th June, 2012, on the above subject and to state that the section 2 (j) of Public
Procurement Regulatory Authority Ordinance, 2002 is as under:(j)
Procuring Agency means:i. any Ministry, Division, Department or any Office of the Federal Government;
ii. any authority, corporation, body or organization established by or under a
Federal law or which is owned or controlled by the Federal Government.
2.
Section 2 (j) (ii) of Public Procurement Ordinance, 2002 and its rules shall be applicable
on procuring agencies which includes any authority like Water and Power Development
Authority(WAPDA) established by the Federal Government, therefore the said procuring agency
shall procure services of Insurance Companies through competitive manner under rules 20 and
21of Public Procurement Rules 2004 which speaks as under:20. Principal method of procurement:- Save as other wise provided here in after, the
procuring agencies shall use open competitive bidding as the principal method of
procurement for the procurement of goods, service and works.
21. Open Competitive Bidding:- Subject to the provisions of rules 22 to 37 the
procuring agencies shall engage in open competitive bidding if the cost of the
object to be procured is more than the prescribed financial limit which is
applicable under sub-clause (i) of clause (b) of Rule 42.
79
PPRA INSTRUCTIONS
No.F.2(21)/DD(M&Imp)/PPRA/Imp.Rules/09
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
NAZRAT BASHIR
Managing Director
Yours sincerely,
Sd/(Nazrat Bashir)
Mr. Muhammad Akhtar Buland Rana,
Auditor General of Pakistan,
Constitution Avenue,
Sector G-5/2,
Islamabad
80
PPRA INSTRUCTIONS
No.F.2(17)/AD-III/T-F/2013
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
NAZRAT BASHIR
Managing Director
In order to meet the expenses in connection with web hoisting, the PPRA Board
th
in its meeting held on 16 September, 2013 has been pleased to approve the enhancement
of tender uploading fee from Rs.1000/- to Rs.1500/- for each tender.
3.
uploading fee of Rs.1500/- on each tender w.e.f. 16th September, 2013 through Pay
Order / Demand Draft in favour of Public Procurement Regulatory Authority,
Islamabad.
Yours sincerely,
Sd/(NAZRAT BASHIR)
All Federal Secretaries
81
PPRA INSTRUCTIONS
No.F.2 1/M&I/2014
Government of Pakistan
Public Procurement Regulatory Authority
(Cabinet Division)
FBC Building, Sector G-5/2
NAZRAT BASHIR
Managing Director
82
Name of Procurement
(Description)
Sr.
No.
Estimated
Cost
3
Procurement
Method**
5
Tentative date of
Procurement Notice
Publication
6
Tentative date
of Award of
Contract
Tentative date
of Completion
8
Remarks
(if any)
* The Annual Procurement Plan may be prepared on the assumption that total allocated budget will be released.
** Procurement method means Open Competitive Bidding / Petty Purchases / Quotations / Director Contracting / Negotiated Tendering.
10
PPRA INSTRUCTIONS
83
PPRA INSTRUCTIONS
D.O.No.4-2/M&I/2014
Government of Pakistan
Public Procurement Regulatory Authority
Cabinet Division
NAZRAT BASHIR
Managing Director
th
Sd/(NAZRAT BASHIR)
All Federal Secretaries
84
Sr.
No.
Position in the
Committee
Mailing Address
Tele No.
Fax No.
Email Address
PPRA INSTRUCTIONS
85
PPRA
89
90
Question No. 9
How to upload tender documents at PPRA's website?
Answer:
Following methods are used for uploading of tenders on PPRA website:1.
Online:
User ID and Password can be provided on request at email address
info@ppra.org.pk for online tender submission.
2.
By Post:
Soft copies of Tender documents can be sent by Post/ Courier to IT
section Public Procurement Regulatory Authority, 1st Floor FBC
Building G-5/2 Islamabad
3.
By-email:
Tender documents can be sent as attachment with file extension DOC
(MS Word File), JPG (Image File), PDF (Acrobat Reader File) at
email address info@ppra.org.pk
Question No. 10
It is not clear whether all annual requirements if known would have to be advertised in
advance on PPRA's website or just the main items.
Answer:
Indicative requirements of annual procurement should be advertised under Rule 9, at
macro level, on PPRA's website as well as on the website of the organization concerned
for advance information of prospective bidders. Detailed advertisement for processing
the procurements should subsequently be made, as required from time to time, in
accordance with Rule 12. PPRA has already devised a proforma for this purpose as
provided at page 83.
Question No. 11
If a tender for procurement of goods over one hundred thousand rupees and up to the
limit of two million rupees uploaded on Authority's website, would there be any
compulsion on the procuring agency to advertise it in the print media also?
Answer:
If a tender for procurement of goods, services and works costing over rupees one
hundred thousand and up to the limit of two million rupees has been launched on
Authority's website, it is not mandatory to put the advertisement on print media.
91
Question No. 12
i.
If only one tender/bid is received in response to a tender notice advertised
in both or one of the media (Authority's website/ print media), should the
single tender be accepted or readvertised the tender.
ii. How to compare the only one bid received by a procuring agency?
iii. If no tender/ bid is received against a requirement, what method of
procurement is recommended to be adopted (Re-advertisement or Direct
Contracting)
Answer:
i.
Public Procurement Rules, 2004 don't put any limit on number of tenders/
bids received in response to tender notices provided that the
procurement opportunity has been advertised in the prescribed manner.
The single bid may be considered if it meets the evaluation criteria
expressed in tender notice and is not in conflict with any other rules,
regulations or policy of the Federal Government. However the procuring
agency should make a decision with due diligence and in the light of Rule 4
Principles of Procurements.
ii. Whenever a procuring agency is confronted with such a situation whereby
the rate quoted by the single bidder cannot be compared so as to declare it
as the lowest rate or otherwise it may make a prudent decision. While
making a decision, the following factors may be kept in view:a.
The comparison of price of the goods, works or services if procured
during the current financial year.
b.
Market price of the goods, works and services to be procured.
c.
In case abnormal increase in prices is observed, the procuring
agency may like to re-advertise the procurement opportunity, if
time permits.
iii. Re-advertisement would be a preferred option. Direct contracting could
also be used provided it meets the prescribed condition for direct
contracting.
Question No. 13
Under the Rules if preference was allowed to a domestic or national supplier/contractor,
magnitude of price preference to be accorded should be mentioned. However, a
clarification whether the magnitude of price preference should be in figure or the
percentage, needs to be obtained.
Answer:
Preference to domestic or national suppliers or contractors should be provided in
92
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