| Regulation 2009 |
|
N O T I F I C A T I O N
Islamabad, the July 9, 2009
S.R.O.1170(1)/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.
[
MUHAMMAD FAROOQ,
Section Officer (RA-III).
Regulation, 2010 for Procurement of Consultancy Services..
S.R.O. 1077(I)/2010. -- In exercise of 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:-
Provided that any procuring agency desirous of
using quality based selection as a method of procurement shall
record its reasons and justifications in writing for resorting to
this method and shall place the same on record; and
(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 short-
listed 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;
(ii)
the financial proposals of technically responsive or
highest
ranked proposal only shall be opened in the
presence of
the
applicants or their representatives who
may wish to attend
the opening
session; and
iii)
highest ranked proposal is accepted, if it suits to the
procuring agency in all respects.
B.
(i)
Quality and Cost Based Selection. ---
This method will be
used
where high quality is the prime consideration while
cost is a secondary consideration;
(ii)
Procedure for Selection under the quality and cost based
Selection.---
(a)
a request for expression of Interest as laid down in
regulation 5 is advertised to invite interested applicants or
firms to contest;
(b)
a request for proposals shall be prepared and sent to short-
listed consultants selected following the laid down
criteria;
and;
(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;
(ii)
the financial proposals of technically responsive proposals
shall be opened in the
presence of the applicants or their representatives who may wish to
attend the opening session; and
(iii)
a combined evaluation of technical and financial proposals
shall follow and the applicant with the winning proposal will be
accepted.
C.
(i)
Least cost.-
This method will only be used for assignments of
standard or routine nature, where well established practices
and standards exist;
(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
(b)
under this method proposals passing the technical score
threshold shall then be treated equally and evaluated on the basis
of cost only;
D
(i)
Single source or direct selection.--
This method will be used
only in exceptional cases, where it provides clear advantage
over competition in
following cases (only), namely:-
a)
for tasks which
are natural continuation of previous assignment and where continuity
of technical services is unavoidable;
b)
repeat orders as
provided under sub-clause (iv) of clause (c) of rule 42 of Public
Procurement Rules, 2004;
(c)
in cases of emergency as provided under sub-clause (v) of
clause (c) of rule 42 of Public Procurement Rules, 2004; and
(d)
where only one consultant is qualified or has experience
of
exceptional worth with reference to clause (c) or
(d) of rule 42 of the Public Procurement Rules, 2004;
(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 /contract etc; and
E.
(i)
Fixed budget.-
This method shall be
used only when the
assignment is simple, can be precisely defined and when the
budget is fixed. The request for proposals shall indicate the
available budget. Proposals that exceed the indicated budget
shall
be rejected. The ranking shall be based only on evaluation of
technical proposals of the qualified bidders.
(ii)
Procedures for selection under fixed budget.----
The
Procedures to
be
followed for the selection under fixed budget method shall be the
same as for the
quality and cost based method, with the following
exceptions, namely;
(a)
the request for proposals shall indicate the available budget
including taxes and ask the applicants to provide, in
separate
envelopes, their best technical and financial proposals
within
the budget;
b)
the terms of reference shall be as complete as possible to
make sure that the budget is sufficient for the consultants to
perform the expected tasks;
c)
the request for proposals shall require the applicants to
provide breakdowns of their costs for the different activities with
a provision that applicants who decline to provide the breakdown may
risk the rejection of their proposals; and
d)
the request for proposals shall state that, following opening
of proposals, all proposals that exceed the indicated budget shall
be rejected and the applicant who has submitted the highest ranked
technical proposal among the rest shall be selected and invited to
discuss further details for concluding the contract.
4.
Criteria for eligibility of consultants.-
The procuring agency
shall not hire a consultant for an assignment in which there is
possibility of conflict of interest. If a consultant has been
engaged by the procuring agency to provide goods or works for a
project, it shall be disqualified from providing consulting services
for the same project. similarly, a consultant should not be hired
for any assignment which by its nature, may be in conflict with
another assignment of that consultant.
5.
Expression of interest.-
(1) A request for
expression of interest shall be advertised by giving applicants at
least fifteen calendar days for national competition and thirty
calendar days for international competition to submit their interest
to provide consultancy services.
(2) The
expression of interest shall contain at least the following
information, namely:-
a)
the name and address of procuring agency;
b)
an appropriate description of the assignment providing scope
of the intellectual and professional services required;
c)
deadline and place of the submission of the expression of
interest; and
d)
evaluation criteria required to be followed.
6.
Criteria for short-listing of consultants.- (1)
Whenever short listing
is deemed necessary, the procuring agency shall
predetermine a criteria for short
listing. Except for
single source, there will normally be a minimum of three
consultants in the shortlist, but there is no
upper limit for number of candidates to be short listed. However, if
less than three candidates apply, their proposals may be considered
on merit.
(2)
The
procuring agency while engaged in short listing of consultants will
take into consideration the following factors, namely:-
(i)
qualification;
(ii)
experience;
(iii)
any other factor that a procuring agency may deem relevant,
not inconsistent with these regulations or Public Procurement Rules,
2004.
(3)
All
applicants shall be informed whether or not they have been short
listed.
(7)
Criteria for prequalification of consultants.-
(1) Whether short listing is done or not, the procuring
agency may engage in prequalification of consultants in case of
complex assignments.
(2)
The procuring agency while engaged in prequalification of
consultants will take into consideration the following factors,
namely:-
(i)
qualification;
(ii)
general experience;
(iii)
specific experience;
(iv)
past performance; and
(v)
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.
(d)
Evaluation criteria.- Except
as otherwise provided, the
evaluation of proposals shall be carried out giving due
consideration to quality and cost.
(e) Type
of contract.- The procuring agency, depending on the
circumstances, may use one of the following types of
contract,
namely:-
(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)
time based contract will be used when it is difficult to
define the scope and the length of services;
(iii)
hourly or daily rates will be used for small projects,
especially when the assignment is for less than a month;
and
(iv)
any other contract based on combination of the above and
including out of pocket expenses, where required.
(f)
Proposed contract format.- The procuring agencies should
propose a draft specimen contract to be entered into with the
successful bidder.
(g)
Special Provisions.-
The procuring agency
may specify any other requirement related to the assignment or
contract etc. where required.
(2)
The procuring agency will 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.
10.
Extent of negotiations or discussions.- The Committee
of the procuring agency may negotiate with the highest ranked bidder
regarding methodology, work plan, staffing and special conditions of
the contract. The Committee shall not permit substitution of key
staff, unless both parties agree that undue delay in selection
process makes such substitution unavoidable. In case of failure of
negotiations with highest ranked bidder, the Committee may invite
the next ranked bidder for such negotiations or discussions.
Negotiations are to be carried out by committee and its minutes
shall be recorded. Negotiations by a single person Committee shall
never be allowed:
Provided that negotiations shall not seek changes in the rates
quoted by the bidder in accordance with restriction imposed on
financial negotiations under Rule 40 of the Public Procurement
Rules, 2004.
11.
Professional liability of consultants.- (1) The
consultant selected and awarded a contract shall be liable for
consequence of errors or omissions on its part. The extent of
liability of the consultant should be incorporated in the contract
and in no case should it be less than remunerations excluding the
out of pocket expenses, nor should the liability exceed twice the
remunerations.
(2)
The procuring agency may demand insurance on part of the
consultant to cover its liability under sub-regulation (I) and
necessary costs shall be borne by the consultant which shall be
reimbursed by the procuring agency as out of pocket expenses by the
consultant.
(3)
The Consultant shall be held liable for all losses or damages
suffered by the procuring agency on account of any misconduct and
unsatisfactory performance by the Consultant in performing the
consulting services.
12.
Inconsistency.- The Public Procurement Rules, 2004 and
these regulations are to be taken as mutually explanatory of one
another but in case of inconsistency, the Public Procurement Rules,
2004 shall take precedence over these regulations.
[F.
No.2/1/2009/PPRA-RA.III.]
MUHAMMAD FAROOQ
Section Officer (RA-III)
Regulation, 2011(Amended-2019) [PDF]
Islamabad, the 28th February,
2019
N O T I F I C A T I O N
S.R.O. 270(1)/2019 –
In exercise
of powers conferred by Section 27 of the Public Procurement Regulatory Authority
Ordinance, 2002 (No. XXII of 2002),
the
Public Procurement Authority is pleased to make the following regulation,
namely:-
1. Short title and commencement. -
(1) The
regulations may be called the Public Procurement Regulations, 2011 amended on 7th
February 2019.
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 advise otherwise the sponsoring Ministry/Division whether to
proceed or not; in terms of rule-5 of the Public Procurement Rules, 2004:
Provided that approval of the ECC shall not be required in case of commitment of
the Federal Government arising out of arrangements with international financial
institutions or State(s), where finances are provided by them.
[No.
2/1/2010-RA-III/PPRA.]
MALIK MOHAMMAD USMAN.
Section officer (RA-III)
