public procurement rules and regulations usaid 17-12-2011 compatibility mode
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8/12/2019 Public Procurement Rules and Regulations USAID 17-12-2011 Compatibility Mode
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Public Procurement Reforms andu uBY
DirectorPublic Procurement Regulatory Authority
Islamabad
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Format of Presentation
Ills of the Old system
Previous Procurement Practices
Old Regulatory Regime The GOPs Initiative in Procurement Reforms
Objectives, status, applicability of PP Rules &
Regulations
Salient Features of Public ProcurementFramework
Monitoring and evaluation
Capacity Building
Way Forward
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Ills of Old Systemttr uta e to egu at ons roce ures
Multiple Procurement Regulations mostly
ou a e
Non Transparent Procurement procedures
war genu ne us ness
Complicated procedures discourage sound,
Restrictive bidding on contracts
ow overa e c ency In-efficient and corrupt contractors and buyers
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Ills of Old S stemAttributable to Human Resource Poorly paid and ill trained Procurement staff
Overall inefficiency, poor management Inadequate record keeping
In ordinate delays in decision making
Misuse of re ualification criteria
Registration makes collusion extremely easy
professionals
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Ills of old S stem Bid negotiation often leads to kick back
Bid negotiations discourage bidders to
quote t e r est pr ces
In efficient dispute resolution mechanism No law providing effective protection
a ainst collusion & corru tion
Most of the Govt. projects had Cost
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Procurements under General Financial Rules Procurements by Corporate Sector
Procurements by Statutory Bodies
e ense rocuremen s nc ass e
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Old Regulatory Regime
No Procurement Law
Multiplicity of Procurement Regulatory regimes
General Financial Rules Procedures of the Public Sector Enterprises
Procurement Regulations of International
lending Agencies No regu ations or procurement o ervices
Works
Arbitration Act 1940
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Reform Initiatives Establishment of Public Procurement
Regulatory Authority by PPRA Ordinance 2002
Promulgation of PP Rules 2004 ProcurementLaw
Monitoring and Implementation of PP Rules-
2004 Re engineering of Procurement Manuals /
Procedures of Public Sector Entities
s a s men o e or a(www.ppra.org.pk)
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Status, Objectives & Applicability of Reforms
Procurement Reforms enacted by Law
Public Procurement Regulatory AuthorityOrdinance 2002
Public Procurement Rules 2004
Rules A licable to: Federal Government Agencies
Authorities Cor orations established b or
owned or controlled by the Fed Govt
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Ob ectives of Procurement Reforms Economy (Value for money).
Efficiency..
Accountability.
a r ompe on.
Good Governance.
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Salient Features of Public Procurement Framework Procurement Planning Rule-08 -
Qualification/Disqualification Rule-17-18
Methods of Procurements Rule-36
O enin Evaluation Rule-28 30 &33& Rejection of Bids
Acce tance & Award of Rule-38Contracts
Grievance Redressal Rule-48
Detail
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Monitorin & Evaluation PPRAmonitorsall public procurement tenders in, published
, .
Deviations to PP Rules are regularly pointed out to therespective procuring agencies for taking correctivemeasures
Violations committed by procuring agencies have. . - .
The tenders uploaded in 2004-05 were 11,905 and it hasrownto25479 in2010-11withan increaseof 46 .
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Monitoring & EvaluationMonitoring & Evaluation
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Capacity Building
Capacity Building Centre of PPRA became an institution on
27th July, 2009 after completion of PSCBP in the form of
National Instituteof Procurement (NIP),
than 4000public procurement officials representing more than
200 procuring agencies of Federal Government alongwithprivate sector and NG sector have availed training facilit to
createawareness about therules andensurecompliance.
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Capacity BuildingGFR
E-procurementProcurement Law
Future
ra n ng rograms on
PP-Rules 2004
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Way Forward
Enact a modern transparent Public Procurement
Law
Strengthening monitoring & Evaluation
Consequences of Mis-procurement
,
requirements, etc.
Create own Procurement Standard Bidding
ocumen s s
Constitute a grievance redressal authority
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an ou
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Public Procurement Rules, 2004 Rule-03: Scope and appl icability
The rules are applicable to all the procuring agencies of the Federal
Government.
Rule-04: Principles of procurementsFairness transarenc and value for mone in ublic rocurements.
Rule-05: International & inter-government commitments of the FederalGovt.
with PP Rules, 2004.
Rule-06: Language, ,
Federal Govt. and may use a local language in addition to English and Urdu if
situated outside Pakistan.
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Integrity pact to signed by PA and contractor in procurements contracts
exceeding Rs.10 million.
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Rule-13: Response timeNational Competitive Bidding --not less than 15 days
-- . Rule-14: Exceptions
Two exceptions to advertisement: Procurements of national security and
Rule-15: Pre-qualification of suppliers and contractorsPA may engage, prior to floating of tenders, in pre-qualification of bidders in case
, , .
Rule-16: Pre-qualification processPA to provide pre-qualification documents for a price and other pre-qualificationinstructions for bidders and su liers.
Rule-17: Qualification of suppliers and contractorsPA to demand information from the suppliers, whether already pre-qualified ornot, based on the rofessional, technical, financial, le al or mana erial
competence to determine their credibility. Rule-18: Disqualification of suppliers and contractors
PA may disqualify a supplier or contractor if he submits false and incompleteinformation regarding his qualification.
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Rule-19: Blacklisting of suppliers and contractorsPAs to devise a mechanismto permanently or temporarily bar a supplier or contractor
baringactiontobecommunicated to theAuthority.
Rule-20: Principal method of procurementPA t us o en com etitiv biddin a th rinci al method of rocurement for
procurement of goods, servicesandworks.
Rule-21: Open competitive biddingPAs shall engage inopencompetitive bidding if thecost of object tobe procured is more
than theprescribed financial limit of Rs. One
Rule-22: Submission of bids
Bids tosubmitted insealedpackage inamanner that thecontentsare fullyenclosedandcannot beknownuntil dul opened.
Rule-23: Bidding documentsPAs to formulate precise and unambiguous bidding documents to be made available to
e ers a er pu ca on o nv a on o . Rule-24: Reservations and preferencePAs to allowprospective bidders to participate in procuring procedures without regard to
biddersor prohibitssomenationalities inaccordancewith thepolicy of Federal Govt.
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Rule-25: Bid securityThe PA may require the bidder to furnish the bid security not exceeding 5% of the
. Rule-26: Bid validity
Bid validity period must be specified. Bids shall be valid for the time periodspecified in the bidding documents. P.A shall process the bid within the bidva ypero .
Rule-27: Extension of time for submission of bidsPA can extend the deadline for the submission of bid if it finds the extension
.
Rule-28: Opening of bidsThe date of opening and the last for the submission of the bid shall be the same.
The bids shall be opened at least thirty minutes after the deadline for thesu mssono s.
Rule-29: Evaluation criteriaPA to formulate an appropriate unambiguous evaluation criterion listing all the
Rule-30: Evaluation of bidsAll bids to be evaluated in accordance with the evaluation criterion and othertermsprescribed inbiddingdocumentsandsaveasprovidedfor insub-clause(iv)o cause c o u n evaua on cr eron s a use o evauae ahasnot beenspecified in biddingdocuments.
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Rule-31: Clarification of bidsBidder shall not alter or modify the bidafter the bids have been opened. PAmay
seekclarification inwriting tothebid that donot change thesubstanceof thebid.
Rule-32: Discriminatory and diff icult condi tionsPA not to imose an condition difficult to meet and which discriminates
betweenthebidders,
Rule-33: Rejection of bids
proposal. PA to give notice of rejection of all bids promptly to suppliers and
bidders, communicate reasons for rejection upon request by the bidder but need
not justify themand incur no liability towards suppliersor contractors.
Rule-34: Re-biddingPA may call for re-bidding if it has rejected all bids under Rule 33. PA to assess
conditionas it maydeemnecessary.
Rule-35: Announcement of evaluation
justification for acceptance or rejection at least ten days prior to the award of
procurement contract.
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Rule-36: Procedures of open competitive biddinga) Single stage One envelope procedure (bid containing one single envelope
withseparate FINANCIALPROPOSALandTECHNICALPROPOSAL).
b) Single stage Two envelope procedure (bid containing single package
having two separate envelopes marked as FINANCIAL PROPOSAL and
TECHNICAL PROPOSAL. TECHNICAL PROPOSAL shall be opened first
andFINANCIALPROPOSAL later.
c) TWO STAGE BIDDING PROCEDURE
(First stage) Bidder to submit TECHNICAL PROPOSAL alongwith the
specification without mentioning the price. PA to allow sufficient time i.e. not
less than 15days incase of national competitive bidding and30 days incaseo international competitivebidding.
(Second stage)Technically sound bidders who are willing to conform their
bids to the revised technical requirement of the PA shall be asked to submit
Financial bidand tobeevaluatedaccordingly.
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d) Two stage two envelope bidding procedure
(First stage)Bid containing single package havingFINANCIAL PROPOSAL
and TECHNICAL PROPOSAL. The later shall be opened first. PAto discuss
the TECHNICAL PROPOSAL with the bidder according to PAs technical
requirements.
(Second stage) PA after discussion with the bidders on the technicalspecifications shall allow the bidders to submit a revised technical proposal
and supplementary financial proposal, according to the technical
requirement whichshall beopenedat agivendate, timeandvenue.
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Rule-37: Conditions for different bidding proceduresSingle stage two envelope(bids are to be evaluated on technical and financial
.Two stage bidding procedure(adapted in large and complex contracts wheretechnically unequal proposals are likely to be encountered and two or more
.
Two stage two envelope bidding procedure (used where alternativetechnically proposals are possible e.g. machinery, equipment or manufacturingplant.
Rule-38: Acceptance of bidsThe bidder with the lowest evaluated bid, if not in conflict with any other law,
rules, regulations or policy of the Federal Government, shall be awarded theprocurement contract, wt n t eorgna or exten e pero o va ty.
Rule-39: Performance guaranteeIf deemed necessary, PA shall require the successful bidder to furnish aper ormanceguaraneeno excee ng enpercen o econrac .
Rule-40: Limitation of negotiationsThereshall benonegotiationwiththe lowest evaluatedor anyother bidder
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Rule-41: Confidentialityto eep a t e normaton regar ng evauaton con enta unt t e
announcement of evaluationreport asper Rule 35.
Rule-42: Alternative methods of procurements
limit of twenty five thousand rupees provided that such petty purchase conforms
toprinciplesof procurementsunder Rule4.b) Request for quotation:PA shall engage in this method of procurement
, . , ,belowRs. 500,000 for Autonomous bodieswith authorizationof their boards
c) Direct contracting: PA can directly procure in this method: If procuring
from single source / supplier; only one manufacturer or supplier. Repeat ordersno excee ng o e orgna procuremen, emergency ecare y anappropriate fora, the Prices are fixed by the Government, ThePurchase of MotorVehicle fromLocal original manufacturesor their authorizedagents
d Ne otiated tenderin :Can be en a ed with one or more su liers with
or without prior publication of procurement notification, i procurement pertains tosupplies supporting study or research or for technical or artistic reason,intellectual property rights etc or in case of extreme urgency. Reasons to berecorded inwritin
Rule-43: On account payment
PA to make prompt payment to suppliers within the time mentioned in thecontract whichshall not exceed30days.
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Rule-44: Entry into force of the procurement contract
partiesor fromthedateof fulfillment of certainconditions.
b) No formal signing of contract: From the date of the notice of theacce tanceo thebid fromthedateo the urchaseorder
Rule-45: Closing of contractOnissuanceof overall deliverycertificateor takingover certificate required tobeissued within 30 days of final taking over of goods/receiving the deliverables orcompletiono work.
Rule-46: Record of procurement proceedings
PAshall maintain therecordfor aminimumperiodof 05years. Rule-47: Public access and transparency
A document relating to evaluation and award of contract to be made public. PAto withhold any information which is against the public interest or proprietary
emssu ec opror approva o e u or y.
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Rule-48: Redressal of grievances by the PAPA to constitute committee containing odd number persons with powers and
authorization toaddress complaintsof thebidders. Writtencomplaint within 15days
after the announcement of the bid evaluation report. Decision by the Committee
within 15 days of the receipt of the complaint. Appeal can be filed in the relevant
cour o urs c on.
Rule-49: Arbi trationArbitration can only be resorted to after coming into force of the procurement
contract. PAtoprovidemethodsof arbitration in thecontract.
Rule-50: Mis-procurement
Any authorizedbreacho theserulesshall amount tomis-procurement.
Rule-51: Overriding effectShall have effect notwithstanding anything to the contrary contained in any other
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