PUBLIC PROCUREMENTPUBLIC PROCUREMENT(Public Procurement Rules, (Public Procurement Rules,

2004)2004)[Rules 1 – 51][Rules 1 – 51]

By By

Mr. Khalid Mahmood LodhiMr. Khalid Mahmood Lodhi

INTRODUCTON

Rule.1 Short title and

commencement Section 26, Public Procurement Regulatory Section 26, Public Procurement Regulatory Authority Ordinance, 2002- power to makeAuthority Ordinance, 2002- power to make rules.rules.

Public Procurement Rules, 2004Public Procurement Rules, 2004 S.R.O.432(1)/2004.Finance Division ,8S.R.O.432(1)/2004.Finance Division ,8 thth June,2004 June,2004

Amended up to September, 2008Amended up to September, 2008

General ProvisionsRule 2.

DefinitionsSection, 2, PPRA Section, 2, PPRA

Ordinance, 2002Ordinance, 2002 Public Public ProcurementProcurement Mis-procurementMis-procurement Procuring AgencyProcuring Agency Public FundPublic Fund GoodsGoods ServicesServices WorksWorks

Rule,2 (1) & (2), PP Rules, 2004Rule,2 (1) & (2), PP Rules, 2004

Bid/ BidderBid/ Bidder Competitive biddingCompetitive bidding ContractContract Corrupt and Corrupt and

Fraudulent PracticesFraudulent Practices EmergencyEmergency Lowest Evaluated BidLowest Evaluated Bid Repeat OrderRepeat Order SupplierSupplier Value for MoneyValue for Money

Public Procurement:-Public Procurement:-

Acquisition of goods, services or Acquisition of goods, services or construction of any works construction of any works financed wholly or partly out of financed wholly or partly out of the public funds including funds the public funds including funds of enterprises which are owned of enterprises which are owned or controlled by the Federal or controlled by the Federal Government.;Government.;

MisprocurementMisprocurement :- :-

Public procurement in Public procurement in contravention of any provision of contravention of any provision of PPRA ordinance 2002, any rules, PPRA ordinance 2002, any rules, regulations, orders or regulations, orders or instructions made thereunder or instructions made thereunder or any other law in respect of ,or any other law in respect of ,or relating to public procurementrelating to public procurement

Procuring AgencyProcuring Agency :- :-

i.i. any Ministry, Division, Department any Ministry, Division, Department or any office of the Federal or any office of the Federal Government;Government;

ii.ii. any authority, corporation, body or any authority, corporation, body or organization established by or organization established by or under a Federal law or which is under a Federal law or which is owned or controlled by the Federal owned or controlled by the Federal Government.Government.

Public FundPublic Fund : :

The Federal Consolidated Fund and The Federal Consolidated Fund and the public account of the Federation the public account of the Federation and includes funds of enterprises and includes funds of enterprises which are owned or controlled by which are owned or controlled by the Federal Government.the Federal Government.

GoodsGoods:: articles and objects of every kind and articles and objects of every kind and

description including raw materials, description including raw materials, products; equipment, machinery, spares products; equipment, machinery, spares and commodities in any form and and commodities in any form and includes services incidental to includes services incidental to installation, transport, maintenance and installation, transport, maintenance and similar obligations related to the supply similar obligations related to the supply of goods if the value of these services of goods if the value of these services does not exceed the value of such goods;does not exceed the value of such goods;

WorksWorks : :

Any construction work consisting of erection, Any construction work consisting of erection, assembly, repair, renovation or demolition of assembly, repair, renovation or demolition of a building or structure or part thereof, such a building or structure or part thereof, such as site preparation ,excavation, installation of as site preparation ,excavation, installation of equipment or materials and decoration, equipment or materials and decoration, finishing and includes finishing and includes incidental servicesincidental services such as drilling ,mapping. satellite such as drilling ,mapping. satellite photography, seismic investigations and photography, seismic investigations and similar activities, if the value of those services similar activities, if the value of those services does not exceed that of the works themselves.does not exceed that of the works themselves.

ServiceService

Any object of procurement other Any object of procurement other than goods or works.than goods or works.

Bid/Bidder:Bid/Bidder:

““BidBid” ” means a tender, or an offer, in means a tender, or an offer, in response to an invitation, by a response to an invitation, by a person, consultant, firm, company or person, consultant, firm, company or an organization expressing his or its an organization expressing his or its willingness to undertake a specified willingness to undertake a specified task at a pricetask at a price

““BidderBidder” ” means a person who means a person who submits a bidsubmits a bid

Competitive Bidding:Competitive Bidding:

a procedure leading to the award of a procedure leading to the award of a contract whereby all the interested a contract whereby all the interested persons, firms, companies or persons, firms, companies or organizations may bid for the organizations may bid for the contract and includes both national contract and includes both national competitive bidding and competitive bidding and international competitive biddinginternational competitive bidding

Contractor :Contractor : a person, consultant, firm, company a person, consultant, firm, company

or an organization who undertakes or an organization who undertakes to supply goods, services or worksto supply goods, services or works

““suppliersupplier” ” means a person, means a person, consultant, firm, company or an consultant, firm, company or an organization who undertakes to organization who undertakes to supply goods, services or works supply goods, services or works

CorruptCorrupt and Fraudulent Practicesand Fraudulent Practices : :

Includes the offering, giving, Includes the offering, giving, receiving, or soliciting of any thing receiving, or soliciting of any thing of value to influence the action of a of value to influence the action of a public official public official oror the supplier or the supplier or contractor in the procurement contractor in the procurement process process or or in contract execution to in contract execution to the detriment of the procuring the detriment of the procuring agencies; agencies; oror

Corrupt and Fraudulent Practices Corrupt and Fraudulent Practices (cont..)(cont..)

misrepresentation of facts in order to misrepresentation of facts in order to influence a procurement process influence a procurement process oror the the execution of a contract, collusive practices execution of a contract, collusive practices among bidders (prior to or after bid among bidders (prior to or after bid submission) designed to establish bid submission) designed to establish bid prices at artificial, non-competitive levels prices at artificial, non-competitive levels and to deprive the procuring agencies of and to deprive the procuring agencies of the benefits of free and open competition the benefits of free and open competition and any request for, and any request for, or or solicitation of solicitation of anything of value by any public officials in anything of value by any public officials in the course of the exercise of his duty;the course of the exercise of his duty;

Emergency :Emergency :

natural calamities, disasters, natural calamities, disasters, accidents, war and operational accidents, war and operational emergency which may give rise to emergency which may give rise to abnormal situation requiring prompt abnormal situation requiring prompt and immediate action to limit or and immediate action to limit or avoid damage to person, property or avoid damage to person, property or the environmentthe environment

lowestlowest evaluated bid: evaluated bid:

A bid most closely conforming to A bid most closely conforming to evaluation criteria and other evaluation criteria and other conditions specified in the conditions specified in the bidding document; and having bidding document; and having lowest evaluated cost.lowest evaluated cost.

Repeat OrdersRepeat Orders : :

procurement of the same procurement of the same commodity from the same commodity from the same source without competition and source without competition and includes enhancement of includes enhancement of contractscontracts

Value for Money :Value for Money :

best returns for each rupee spent in best returns for each rupee spent in terms of quality, timelines, terms of quality, timelines, reliability, after sales services, up-reliability, after sales services, up-grade ability, price, source, and the grade ability, price, source, and the combination of whole-life cost and combination of whole-life cost and quality to meet the procuring quality to meet the procuring agency’s requirementsagency’s requirements

Rule. 3

Scope and Applicability

Public Procurement Rules, 2004 apply to all procurements made by all procuring agencies of the Federal Government whether within or outside Pakistan.

Rule. 4 Principles of Procurement

Procuring agencies, while engaging in Procuring agencies, while engaging in procurements, shall ensure;procurements, shall ensure;

the procurements are conducted in a the procurements are conducted in a fairfair and and transparenttransparent manner manner

the object of procurement brings the object of procurement brings value for value for moneymoney to the agency to the agency

the procurement process is the procurement process is efficientefficient and and economicaleconomical..

Rule. 5 International and Inter-

governmental Commitments

Whenever these rules are in conflict with an Whenever these rules are in conflict with an obligation or commitment of the Federal obligation or commitment of the Federal Government arising out of Government arising out of

an international treaty or an international treaty or an agreement with a State or States, oran agreement with a State or States, or any international financial institution any international financial institution

the provisions of such international treaty or the provisions of such international treaty or agreement agreement to prevail to the extent of such to prevail to the extent of such conflict.conflict.

Rule. 6 Language

All communication and documentation in All communication and documentation in Urdu Urdu or or EnglishEnglish or or BothBoth. .

Outside Pakistan and local procurement in Outside Pakistan and local procurement in local local language.language.

Original documentation in Urdu or English for Original documentation in Urdu or English for record; record;

Translation in local language to be used; Translation in local language to be used;

Maximum economy and efficiency to be ensured.Maximum economy and efficiency to be ensured. In case of dispute original documentation shall be In case of dispute original documentation shall be

referred.referred.

Rule. 7 Integrity PactIntegrity Pact

Procurements exceeding the prescribed financial Procurements exceeding the prescribed financial limit subject to an integrity pact, between the limit subject to an integrity pact, between the procuring agency and the suppliers or contractors procuring agency and the suppliers or contractors

Decision of ECC dated 23Decision of ECC dated 23rdrd Sep, 2002 – Sep, 2002 – Declaration of Declaration of Fees, Commissions and Brokerage Fees, Commissions and Brokerage

Finance Division’s DO No. 687/MD(PPRA)/05 Finance Division’s DO No. 687/MD(PPRA)/05 dated dated 1414thth Sep, 2005 – Integrity Pact to be Sep, 2005 – Integrity Pact to be made a part of made a part of all contracts worth all contracts worth Rs. 10 Million Rs. 10 Million and aboveand above in value. in value.

PROCUREMENT PLANNINGRule 8 Rule 8

Procurement PlanningProcurement Planning

AAll procuring agencies to devise ll procuring agencies to devise a a mechanismmechanism, for planning in detail for all , for planning in detail for all proposed procurements with the object of proposed procurements with the object of realistically determining the requirements of realistically determining the requirements of the procuring agency ,within its available the procuring agency ,within its available resources, delivery time or completion date resources, delivery time or completion date and benefits that are likely to accrue to the and benefits that are likely to accrue to the procuring agency in future.procuring agency in future.

Rule 9

Limitation on splitting or regrouping

A procuring agency to announce in an appropriate manner all proposed procurements for each financial year,

To proceed accordingly without any splitting or regrouping of procurement so planned; and

To advertise in advance on the Authority’s website and procuring agency’s (if any) own website.

Rule 10 Specifications

to be to be genericgeneric without references to brand without references to brand names, model numbers, catalogue names, model numbers, catalogue numbers or similar classifications. numbers or similar classifications.

if essential to complete an otherwise if essential to complete an otherwise incomplete specification, such use or incomplete specification, such use or reference to be qualified with the words reference to be qualified with the words ““or equivalentor equivalent” .” .

Rule 11 Approval Mechanism

All procuring agencies to provide All procuring agencies to provide clear clear authorizationauthorization and and delegation of powersdelegation of powers for different categories of procurement for different categories of procurement and to only initiate procurement once and to only initiate procurement once approval of the competent authoritiesapproval of the competent authorities obtained.obtained.

Rule 12

Advertisement Methods All procurements to be advertised as All procurements to be advertised as

under:under: over Rs.100,000 – Rs. 2 Millionover Rs.100,000 – Rs. 2 Million :to be :to be

advertised on the advertised on the Authority’s websiteAuthority’s website in the manner in the manner and format specified by the Authority and and format specified by the Authority and may may also be advertised in print mediaalso be advertised in print media, if deemed , if deemed necessary,necessary,

over Rs.2 Millionover Rs.2 Million : to be advertised on the PPRA’s : to be advertised on the PPRA’s website and website and newspapers, at least two national newspapers, at least two national dailies, dailies, having wide circulation. And may also be having wide circulation. And may also be posted on procuring agency’s own website posted on procuring agency’s own website

the information on the website must be the information on the website must be completecomplete and such information shall remain available on that and such information shall remain available on that website website until the closing dateuntil the closing date for the submission of for the submission of bids. bids.

Rule 13

Response Time National Competitive BiddingNational Competitive Bidding --not less than --not less than 15 days15 days International Competitive Bidding -- not less than International Competitive Bidding -- not less than 30 30

daysdays . . All advertisement/notices to mention expressly the All advertisement/notices to mention expressly the

response timeresponse time and information for collection of bid and information for collection of bid documents, provided no time limit for emergency.documents, provided no time limit for emergency.

The response time to be calculated The response time to be calculated from the date of first from the date of first publicationpublication of the advertisement in a newspaper or of the advertisement in a newspaper or posting on the website. posting on the website.

Where publication of such advertisements or notices has Where publication of such advertisements or notices has occurred occurred in both electronic and print mediain both electronic and print media, the response , the response time to be calculated from the day of its first publication time to be calculated from the day of its first publication in the newspapers.in the newspapers.

Rule 14 Exceptions

Mandatory requirement to advertise all procurement Mandatory requirement to advertise all procurement requirements exceeding prescribed financial limit,requirements exceeding prescribed financial limit,

However, However, following are exceptionsfollowing are exceptions with prior with prior approval of Authority;approval of Authority;

If the procurement relates to If the procurement relates to national securitynational security and and its publication could jeopardize national security its publication could jeopardize national security objectives; and objectives; and

If the publication of procurement in any manner, If the publication of procurement in any manner, relates to disclosure of information, which is relates to disclosure of information, which is proprietaryproprietary in nature or falls within the definition of in nature or falls within the definition of intellectual propertyintellectual property which is available from a single which is available from a single source.source.

Rule 15Rule 15 Pre-qualification of Pre-qualification of

Suppliers/ContractorsSuppliers/Contractors

Suitable Suitable in case ofin case of Services, Civil Works, Services, Civil Works, Turnkey Projects,Turnkey Projects,Expensive Technically Complex Expensive Technically Complex Equipment.Equipment.

Ensure that technically and financially capable Ensure that technically and financially capable firms having firms having adequate managerial competencyadequate managerial competency are invited.are invited.

Factors to be Factors to be ConsideredConsidered

a)a) relevant relevant experienceexperience and and past performancepast performance;;

b)b) capabilitiescapabilities with respect to personnel, with respect to personnel, equipment, and plant;equipment, and plant;

c)c) financialfinancial position; position;

d)d) appropriate appropriate managerialmanagerial capability; and capability; and

e)e) any other factorany other factor that a procuring agency that a procuring agency may deem relevant, not inconsistent with may deem relevant, not inconsistent with PP Rules, 2004.PP Rules, 2004.

Rule 16Rule 16 Pre-qualification Process Pre-qualification Process

all information is required all information is required to be announcedto be announced through the pre-qualification documents for through the pre-qualification documents for preparation and submission of applicationspreparation and submission of applications

PricePrice of Pre-qualification documents of Pre-qualification documents not to exceed not to exceed the cost of printingthe cost of printing and providing the documents and providing the documents

Responsibilities of the Responsibilities of the Procuring AgencyProcuring Agency

Promptly Promptly notify notify each supplier or contractoreach supplier or contractor

Intimate upon request the Intimate upon request the names of successful names of successful applicantsapplicants

Only Only those firms / contractors / suppliers who those firms / contractors / suppliers who have been pre-qualifiedhave been pre-qualified shall be entitled to shall be entitled to participate furtherparticipate further

Those not pre-qualified have to provided Those not pre-qualified have to provided reasonsreasons for the samefor the same

Rule – 17Rule – 17 QualificationQualification

A procuring agency, at any stage of the procurement A procuring agency, at any stage of the procurement proceedings, may require the suppliers or proceedings, may require the suppliers or contractors to provide information concerning their contractors to provide information concerning their professional, technical, financial, legal or professional, technical, financial, legal or managerial competence whether already pre-managerial competence whether already pre-qualified or not:qualified or not:

Reasons to be recorded in writing by the P.A.Reasons to be recorded in writing by the P.A.

Rule – 18Rule – 18 DisqualificationDisqualification

The procuring agency shall disqualify The procuring agency shall disqualify a supplier or contractor if it finds, at a supplier or contractor if it finds, at any time, that the information any time, that the information submitted by him concerning his submitted by him concerning his qualification as supplier or contractor qualification as supplier or contractor was false and materially inaccurate or was false and materially inaccurate or incomplete.incomplete.

Rule 19Rule 19 BlacklistingBlacklisting

Specify a mechanism and manner Specify a mechanism and manner to permanently or temporarily bar.to permanently or temporarily bar.

Such barring action shall be duly Such barring action shall be duly publicized and communicated to publicized and communicated to the Authority:the Authority:

Adequate opportunity of being Adequate opportunity of being heard.heard.

Rule 20 Rule 20 Principal methodPrincipal method

The procuring agencies shall use The procuring agencies shall use open competitive biddingopen competitive bidding as the as the principal method of procurement for principal method of procurement for the procurement of goods, services the procurement of goods, services and works.and works.

Rule 21Rule 21 Open Competitive BiddingOpen Competitive Bidding

The procuring agencies shall engage The procuring agencies shall engage in open competitive bidding if the cost in open competitive bidding if the cost of the object to be procured is more of the object to be procured is more than than Rs.100,000.Rs.100,000.

Rule 22Rule 22Submission of Bids.-Submission of Bids.-

The bids shall be submitted in The bids shall be submitted in a sealed package or packages in such a sealed package or packages in such manner that the contents are fully manner that the contents are fully enclosed and cannot be known until enclosed and cannot be known until duly opened.duly opened.

(2) A procuring agency shall specify (2) A procuring agency shall specify the manner and method of the manner and method of submission and receipt of bids in an submission and receipt of bids in an unambiguous and clear manner in the unambiguous and clear manner in the bidding documents.bidding documents.

Rule 23 Rule 23 Bidding DocumentsBidding Documents

Procuring agencies shall Procuring agencies shall formulate precise and unambiguous formulate precise and unambiguous bidding documents that shall be made bidding documents that shall be made available to the bidders immediately available to the bidders immediately after the publication of the invitation after the publication of the invitation to bid.to bid.

(2)(2) For competitive bidding, whether For competitive bidding, whether open or limited, the bidding open or limited, the bidding documents shall include the following documents shall include the following namely.-namely.-

(a)(a) invitation to bid;invitation to bid;

(b)(b) instructions to bidders;instructions to bidders;

(c) (c) form of bid;form of bid;

(d)(d) form of contract;form of contract;

(e)(e) general or special conditions of general or special conditions of contract;contract;

(f)(f) specifications and drawings or specifications and drawings or performance performance criteria (where criteria (where applicable);applicable);

(g)(g) list of goods or bill of quantities (where list of goods or bill of quantities (where applicable);applicable);

(h)(h) delivery time or completion schedule; delivery time or completion schedule;

(i)(i) qualification criteria (where applicable);qualification criteria (where applicable);

(j)(j) bid evaluation criteria;bid evaluation criteria;

(k)(k) format of all securities required (where format of all securities required (where applicable);applicable);

(l)(l) details of standards (if any) that are to be details of standards (if any) that are to be used in used in assessing the quality of goods, works assessing the quality of goods, works or services or services specified; andspecified; and

(m)(m) any other detail not inconsistent with any other detail not inconsistent with these rules these rules that the procuring agency may deem that the procuring agency may deem necessary.necessary.

Responsibilities of the P.AResponsibilities of the P.A

Any Any informationinformation that becomes necessary after that becomes necessary after the invitation, shall be provided in a timely the invitation, shall be provided in a timely manner and on equal opportunity basis.manner and on equal opportunity basis.

If notification is essential, it should be in the If notification is essential, it should be in the manner manner similar to the original advertisementsimilar to the original advertisement..

Price Price of Bidding Documents not to exceed the of Bidding Documents not to exceed the cost of printing and providing the documents.cost of printing and providing the documents.

Rule 24Rule 24 Reservations and PreferenceReservations and Preference

Allow participation to all bidders without regard Allow participation to all bidders without regard to nationalityto nationality

Exception only in accordance with the policy of Exception only in accordance with the policy of the Federal Governmentthe Federal Government

Price preference to domestic or national bidders Price preference to domestic or national bidders as per policy of the Federal Governmentas per policy of the Federal Government

Magnitude to be mentioned in bid evaluation Magnitude to be mentioned in bid evaluation criteriacriteria

Rule 25Rule 25Bid SecurityBid Security

The procuring agency may require The procuring agency may require the bidders to furnish a bid security the bidders to furnish a bid security not exceeding not exceeding five per centfive per cent of the of the bid price.bid price.

Rule 26 Rule 26 Bid ValidityBid Validity

Bid validity period must be specifiedBid validity period must be specified

Bids shall be valid for the time period Bids shall be valid for the time period specified in the bidding documentsspecified in the bidding documents

P.A shall process the bid within the bid P.A shall process the bid within the bid validity periodvalidity period

Extensions under exceptional Extensions under exceptional circumstances, by recording the reasonscircumstances, by recording the reasons

All the applicants shall be asked to extend All the applicants shall be asked to extend their bid validity periodtheir bid validity period

Bid Validity Bid Validity

Bidders who agree:-Bidders who agree:-

shall also extend the validity of the bid bond or shall also extend the validity of the bid bond or security for the extended period of the bid security for the extended period of the bid validity;validity;

shall not be permitted to change the substance of shall not be permitted to change the substance of their bids; andtheir bids; and

Bidders who do not agree:- shall be allowed to Bidders who do not agree:- shall be allowed to withdraw their bids without forfeiture of their withdraw their bids without forfeiture of their bid bonds or securities.bid bonds or securities.

Rule 27Rule 27Extension of Time for Submission Extension of Time for Submission

of Bidsof Bids

Reasons to be recordedReasons to be recorded

Equal opportunity basis Equal opportunity basis

Manner similar to original advertisementManner similar to original advertisement

Rule 28Rule 28Opening of bidsOpening of bids

i.i. The date for opening of bids and the last The date for opening of bids and the last date for the submission of bids shall be date for the submission of bids shall be the same.the same.

ii.ii. The bids shall be opened at least The bids shall be opened at least thirty thirty minutesminutes after the deadline for submission after the deadline for submission of bids.of bids.

iii. iii. All bids shall be opened publicly in the All bids shall be opened publicly in the presence of presence of the bidders or their the bidders or their representatives who may representatives who may choose to choose to be present. be present.

iv. iv. The procuring agency shall read aloud the The procuring agency shall read aloud the unit unit price as well as the bid amount price as well as the bid amount and shall record the and shall record the minutes of the bid minutes of the bid opening. opening.

v.v. All bidders in attendance shall sign an All bidders in attendance shall sign an attendance attendance sheet. sheet.

vi. vi. All bids submitted after the time prescribed All bids submitted after the time prescribed shall shall be rejected and returned without beingbe rejected and returned without being opened.opened.

Rule 29Rule 29Evaluation criteriaEvaluation criteria

i.i. Procuring agencies shall formulate an Procuring agencies shall formulate an appropriate evaluation criterion listing all the appropriate evaluation criterion listing all the relevant information against which a bid is to be relevant information against which a bid is to be evaluated.evaluated.

ii.ii. Such evaluation criteria shall form an integral Such evaluation criteria shall form an integral part of the bidding documents. part of the bidding documents.

iii.iii. Failure to provide for an unambiguous evaluation Failure to provide for an unambiguous evaluation criteria in the bidding documents shall amount to criteria in the bidding documents shall amount to mis-procurement.mis-procurement.

Rule 30Rule 30Evaluation of BidsEvaluation of Bids

i.i. All bids shall be evaluated in accordance with the All bids shall be evaluated in accordance with the evaluation criteria and other terms and conditions evaluation criteria and other terms and conditions set forth in the prescribed bidding documents. set forth in the prescribed bidding documents.

ii.ii. Save as provided for in clause (iv) of clause (c) of Save as provided for in clause (iv) of clause (c) of rule 36 no evaluation criteria shall be used for rule 36 no evaluation criteria shall be used for evaluation of bids that had not been specified in evaluation of bids that had not been specified in the bidding documents.the bidding documents.

iii.iii. For the purposes of comparison of bids quoted in For the purposes of comparison of bids quoted in different currencies, the price shall be converted different currencies, the price shall be converted into a single currency specified in the bidding into a single currency specified in the bidding documents. documents.

iv.iv. The rate of exchange shall be the selling rate, The rate of exchange shall be the selling rate, prevailing on the date of opening, as notified prevailing on the date of opening, as notified by the State Bank of Pakistan on that day.by the State Bank of Pakistan on that day.

v.v. A bid once opened in accordance with the A bid once opened in accordance with the prescribed procedure shall be subject to only prescribed procedure shall be subject to only those rules, regulations and policies that are in those rules, regulations and policies that are in force at the time of issue of notice for force at the time of issue of notice for invitation of bids.invitation of bids.

Rule 31Rule 31Clarification of bidsClarification of bids

i.i. No bidder shall be allowed to alter or modify his No bidder shall be allowed to alter or modify his bid after the bids have been opened. bid after the bids have been opened.

ii.ii. The procuring agency may seek and accept The procuring agency may seek and accept clarifications to the bid that do not change the clarifications to the bid that do not change the substance of the bid.substance of the bid.

iii.iii. Any request for clarification in the bid, made by Any request for clarification in the bid, made by the procuring agency shall invariably be in the procuring agency shall invariably be in writing. writing.

iv.iv. The response to such request shall also be in The response to such request shall also be in writing.writing.

Rule 32Rule 32

Discriminatory and Difficult Discriminatory and Difficult ConditionsConditions

i.i. No procuring agency shall introduce any No procuring agency shall introduce any condition, which discriminates between bidders condition, which discriminates between bidders or that is considered to be met with difficulty.or that is considered to be met with difficulty.

ii.ii. In ascertaining the discriminatory or difficult In ascertaining the discriminatory or difficult nature of any condition reference shall be made nature of any condition reference shall be made to the ordinary practices of that trade, to the ordinary practices of that trade, manufacturing, construction business or service manufacturing, construction business or service to which that particular procurement is related.to which that particular procurement is related.

Rule 33 Rule 33 Rejection of bidsRejection of bids

i.i. The procuring agency may reject all bids or The procuring agency may reject all bids or proposals at any time prior to the acceptance of proposals at any time prior to the acceptance of a bid or proposal. a bid or proposal.

ii.ii. The procuring agency shall upon request The procuring agency shall upon request communicate to any supplier or contractor who communicate to any supplier or contractor who submitted a bid or proposal, the grounds for its submitted a bid or proposal, the grounds for its rejection of all bids or proposals, but is not rejection of all bids or proposals, but is not required to justify those grounds.required to justify those grounds.

iii.iii. Notice of the rejection of all bids or proposals Notice of the rejection of all bids or proposals shall be given promptly to all bidders. shall be given promptly to all bidders.

iv.iv. The procuring agency shall incur no liability.The procuring agency shall incur no liability.

Rule 34 Rule 34 Re-biddingRe-bidding

i.i. If the procuring agency has rejected all bids under If the procuring agency has rejected all bids under rule 33 it may call for a re-bidding.rule 33 it may call for a re-bidding.

ii.ii. The procuring agency before invitation for re-The procuring agency before invitation for re-bidding shall assess the reasons for rejection and bidding shall assess the reasons for rejection and may revise specifications, evaluation criteria or any may revise specifications, evaluation criteria or any other condition for bidders as it may deem other condition for bidders as it may deem necessary.necessary.

Rule 35 Rule 35 Announcement of evaluation Announcement of evaluation

ReportsReports

Procuring agencies shall announce the results of Procuring agencies shall announce the results of bid evaluation in the form of a report giving bid evaluation in the form of a report giving justification for acceptance or rejection of bids at justification for acceptance or rejection of bids at least least ten daysten days prior to the award of procurement prior to the award of procurement contract.contract.

Rule 36Rule 36Procedures of Open Competitive Procedures of Open Competitive

BiddingBidding

a.a. Single stage – one envelope procedure.Single stage – one envelope procedure.

b.b. Single stage – two envelope procedure.Single stage – two envelope procedure.

c.c. Two stage bidding procedure.Two stage bidding procedure.

d.d. Two stage – two envelope biddingTwo stage – two envelope bidding procedureprocedure..

(a) (a) Single Stage – One Envelope ProcedureSingle Stage – One Envelope Procedure.-.-

i.i. Each bid shall comprise one single Each bid shall comprise one single envelop containing, separately, financial envelop containing, separately, financial proposal and technical proposal (if any).proposal and technical proposal (if any).

ii.ii. All bids received shall be opened and All bids received shall be opened and evaluated in the manner prescribed in evaluated in the manner prescribed in the bidding document.the bidding document.

(b)(b) Single stage – two envelope procedure.- Single stage – two envelope procedure.-

i.i. the bid shall comprise a single package the bid shall comprise a single package containing separately the financial proposal and containing separately the financial proposal and the technical proposal;the technical proposal;

ii.ii. initially, only the envelope marked initially, only the envelope marked “TECHNICAL “TECHNICAL PROPOSAL”PROPOSAL” shall be opened; shall be opened;

iii.iii. the envelope marked as the envelope marked as “FINANCIAL “FINANCIAL PROPOSALPROPOSAL” shall be retained in the custody of ” shall be retained in the custody of the procuring agency without being opened; the procuring agency without being opened;

iv.iv. the procuring agency shall evaluate the the procuring agency shall evaluate the technical proposal first. technical proposal first.

v.v. during the technical evaluation no amendments in during the technical evaluation no amendments in the technical proposal shall be permitted;the technical proposal shall be permitted;

vi.vi. the financial proposal of bids found technically the financial proposal of bids found technically non-responsive shall be returned un-opened to the non-responsive shall be returned un-opened to the respective bidders; andrespective bidders; and

vii.vii. the financial proposals of bids shall be opened the financial proposals of bids shall be opened publicly at a time, date and venue announced and publicly at a time, date and venue announced and communicated to the bidders in advance;communicated to the bidders in advance;

viii.viii. public opening of the financial proposals of the public opening of the financial proposals of the technically accepted bids only. technically accepted bids only.

ix.ix. the bid found to be the lowest evaluated bid shall the bid found to be the lowest evaluated bid shall be accepted.be accepted.

(c)(c) Two stage bidding procedure.-Two stage bidding procedure.-

First StageFirst Stage

i.i. the bidder shall first submit a technical the bidder shall first submit a technical proposal without price;proposal without price;

ii.ii. the technical proposal shall be evaluated in the technical proposal shall be evaluated in accordance with specified evaluation criteria accordance with specified evaluation criteria and may be discussed with the bidders and may be discussed with the bidders regarding any deficiencies and unsatisfactory regarding any deficiencies and unsatisfactory technical features;technical features;

iii.iii. after such discussions, all the bidders shall be after such discussions, all the bidders shall be permitted to revise their respective technical permitted to revise their respective technical proposals to meet the requirements.proposals to meet the requirements.

iv.iv. The procuring agency may revise, the technical The procuring agency may revise, the technical requirements or evaluation criteria, or it may add requirements or evaluation criteria, or it may add new requirements or criteria.new requirements or criteria.

v.v. Provided that such revisions are communicated to Provided that such revisions are communicated to all the bidders equally at the time of invitation to all the bidders equally at the time of invitation to submit final bids, and sufficient time is allowed to submit final bids, and sufficient time is allowed to revise bids:revise bids:

vi.vi. Allowed time shall not be less than fifteen days in Allowed time shall not be less than fifteen days in the case of national competitive bidding and thirty the case of national competitive bidding and thirty days in the case of international competitive days in the case of international competitive bidding; bidding;

vii.vii. The bidders not willing to conform to the procuring The bidders not willing to conform to the procuring agency’s technical requirements may be allowed to agency’s technical requirements may be allowed to withdraw from the bidding without forfeiture of withdraw from the bidding without forfeiture of

their bid securitytheir bid security;;

Second StageSecond Stage

(vi) the bidders, whose technical proposals or bids (vi) the bidders, whose technical proposals or bids have not been rejected and who are willing to have not been rejected and who are willing to conform their bids to the revised technical conform their bids to the revised technical requirements of the procuring agency, shall be requirements of the procuring agency, shall be invited to submit a revised technical proposal along invited to submit a revised technical proposal along with the financial proposal;with the financial proposal;

(vii) the revised proposal and the financial proposal (vii) the revised proposal and the financial proposal shall be opened at a time, date and venue announced shall be opened at a time, date and venue announced

and communicated to the bidders in advance; andand communicated to the bidders in advance; and

ix.ix. The revised technical proposal and the financial The revised technical proposal and the financial proposal shall be evaluated in the manner proposal shall be evaluated in the manner prescribed above. The bid found to be the prescribed above. The bid found to be the lowest evaluated bid shall be accepted:lowest evaluated bid shall be accepted:

x.x. A procuring agency shall allow sufficient time A procuring agency shall allow sufficient time to the bidders to incorporate the agreed upon to the bidders to incorporate the agreed upon changes in the technical proposal and prepare changes in the technical proposal and prepare their financial proposals accordingly.their financial proposals accordingly.

(d)(d) Two stage – two envelope bidding Two stage – two envelope bidding procedure.-procedure.-

First Stage: -First Stage: -

i.i. the bid shall comprise a single package containing the bid shall comprise a single package containing two separate envelopes containing technical and two separate envelopes containing technical and financial proposal. financial proposal.

ii.ii. initially, only the envelope marked initially, only the envelope marked “TECHNICAL “TECHNICAL PROPOSAL”PROPOSAL” shall be opened; shall be opened;

iii.iii. the envelope marked as the envelope marked as “FINANCIAL PROPOSAL”“FINANCIAL PROPOSAL” shall be retained in the custody of the procuring shall be retained in the custody of the procuring agency without being opened;agency without being opened;

iv.iv. the technical proposal shall be discussed with the the technical proposal shall be discussed with the bidders with reference to the procuring agency’s bidders with reference to the procuring agency’s technical requirements;technical requirements;

v.v. those bidders willing to meet the requirements of those bidders willing to meet the requirements of the procuring agency shall be allowed to revise the procuring agency shall be allowed to revise their technical proposals following these their technical proposals following these discussions;discussions;

vi.vi. bidders not willing to conform their technical bidders not willing to conform their technical proposal to the revised requirements of the proposal to the revised requirements of the procuring agency shall be allowed to withdraw procuring agency shall be allowed to withdraw their respective bids without forfeiture of their their respective bids without forfeiture of their bid security;bid security;

Second StageSecond Stage

(viii) after agreement between the procuring agency (viii) after agreement between the procuring agency and the bidders on the technical requirements, and the bidders on the technical requirements, bidders who are willing to conform to the revised bidders who are willing to conform to the revised technical specifications and whose bids have not technical specifications and whose bids have not already been rejected shall submit a revised already been rejected shall submit a revised technical proposal and supplementary financial technical proposal and supplementary financial proposal, according to the technical requirement;proposal, according to the technical requirement;

(ix) the revised technical proposal along with the (ix) the revised technical proposal along with the original financial proposal and supplementary original financial proposal and supplementary financial proposal shall be opened at a date, time and financial proposal shall be opened at a date, time and venue announced in advance by the procuring venue announced in advance by the procuring agencyagency::

Provided that in setting the date of the submission Provided that in setting the date of the submission of the revised technical proposal and of the revised technical proposal and supplementary price proposal a procuring agency supplementary price proposal a procuring agency shall allow sufficient time to the bidders to shall allow sufficient time to the bidders to incorporate the agreed upon changes in the incorporate the agreed upon changes in the technical proposal and to prepare the required technical proposal and to prepare the required supplementary financial proposal; and supplementary financial proposal; and

(x)(x) the procuring agency shall evaluate the whole the procuring agency shall evaluate the whole proposal in accordance with the evaluation proposal in accordance with the evaluation criteria and the bid found to be the lowest criteria and the bid found to be the lowest evaluated bid shall be accepted.evaluated bid shall be accepted.

Rule - 37Rule - 37ConditionsConditions

i.i. Single stage one envelope Single stage one envelope bidding procedure bidding procedure shall shall ordinarily be the main open competitive ordinarily be the main open competitive bidding bidding procedure used for most of the procedure used for most of the procurement.procurement.

ii.ii. Single stage two envelope Single stage two envelope bidding procedure bidding procedure shall be shall be used where the bids are to be evaluated used where the bids are to be evaluated on technical and on technical and financial grounds and price is financial grounds and price is taken into account after taken into account after technical evaluation; technical evaluation;

iii.iii. Two stageTwo stage bidding procedure shall be adopted bidding procedure shall be adopted in large in large and complex contracts where technically and complex contracts where technically unequal unequal proposals are likely to be encountered or proposals are likely to be encountered or where the where the procuring agency is aware of its options procuring agency is aware of its options in the market in the market but, for a given set of performance but, for a given set of performance requirements, there requirements, there are two or more equally are two or more equally acceptable technical solutions acceptable technical solutions available to the available to the procuring agency; andprocuring agency; and

iv.iv. two stage two envelopetwo stage two envelope bidding method shall bidding method shall be used for procurement where alternative be used for procurement where alternative technical proposals are possible, such as technical proposals are possible, such as certain type of machinery or equipment or certain type of machinery or equipment or manufacturing plant.manufacturing plant.

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Rule 38Rule 38Acceptance of BidsAcceptance of Bids

lowest evaluated bid to be accepted lowest evaluated bid to be accepted

If not in conflict with any other law, If not in conflict with any other law, rules, regulations or policy of rules, regulations or policy of Government.Government.

Within the original or extended period Within the original or extended period of bid validityof bid validity

Rule – 39Rule – 39 Performance guarantee Performance guarantee

If required ,to be furnished by the If required ,to be furnished by the successful biddersuccessful bidder

shall not exceed 10% of the contract shall not exceed 10% of the contract amount amount

should be clearly expressed in the should be clearly expressed in the bidding documents.bidding documents.

Rule – 40Rule – 40 Limitation on negotiationsLimitation on negotiations

No negotiations with the No negotiations with the bidder having submitted the bidder having submitted the lowest evaluated bid or with any lowest evaluated bid or with any other bidder.other bidder.

Rule – 41Rule – 41 Confidentiality Confidentiality

All information regarding the bid All information regarding the bid evaluation shall be kept evaluation shall be kept confidential confidential

until the announcement of until the announcement of evaluation report under Rule - evaluation report under Rule - 3535

Rule – 42.Rule – 42. Alternate Methods of Alternate Methods of

ProcurementsProcurements..(a)(a) Petty PurchasesPetty Purchases

if below the limit of Rs. 25,000 if below the limit of Rs. 25,000 exempted from the requirement of bidding exempted from the requirement of bidding

or quotation of Prices.or quotation of Prices. Should be in conformity with Principles of Should be in conformity with Principles of

Procurement prescribed under Rule 4 Procurement prescribed under Rule 4 Financial limit of Rs. 25,000 is extendable, Financial limit of Rs. 25,000 is extendable,

if justified.if justified.

(b)(b) Request for quotationsRequest for quotations

Below the financial limit of Rs. 100,000Below the financial limit of Rs. 100,000 Below Rs. 5oo,000 for Autonomous bodies Below Rs. 5oo,000 for Autonomous bodies

(required to be approved by concerned Board (required to be approved by concerned Board of Directors) of Directors)

Standard specifications Standard specifications Minimum of 03 quotations required Minimum of 03 quotations required Purchase from the supplier offering the Purchase from the supplier offering the

lowest pricelowest price Financial limit of Rs. 100,000 is extendable if Financial limit of Rs. 100,000 is extendable if

full justification is provided.full justification is provided.

(C) (C) Direct ContractingDirect ContractingA PA may engage in direct contracting A PA may engage in direct contracting if the following conditions are met:if the following conditions are met:

Acquisition of spare parts or supplementary Acquisition of spare parts or supplementary services from the original manufacturer or services from the original manufacturer or supplier if not available from alternate supplier if not available from alternate sources sources

Only one manufacturer or supplier existsOnly one manufacturer or supplier exists

(specification of appropriate forum for (specification of appropriate forum for authorization )authorization )

Repeat orders not exceeding 15% of the Repeat orders not exceeding 15% of the original procurement original procurement

In case of an emergency declared by an In case of an emergency declared by an appropriate fora.appropriate fora.

The Prices are fixed by the Government.The Prices are fixed by the Government. The Purchase of Motor Vehicle from Local The Purchase of Motor Vehicle from Local

original manufactures or their authorized original manufactures or their authorized agents. agents.

(d)(d) Negotiated TenderingNegotiated Tendering

A procuring agency may engage in negotiated A procuring agency may engage in negotiated tendering with one or more suppliers or tendering with one or more suppliers or contractors with or without prior publication of a contractors with or without prior publication of a procurement notification. This procedure shall procurement notification. This procedure shall only be used when: only be used when:

i.i. The supplies involved are manufactured purely for the The supplies involved are manufactured purely for the purpose of supporting a specific piece of research or an purpose of supporting a specific piece of research or an experiment, a study or a particular development;experiment, a study or a particular development;

ii.ii. For technical or artistic reasons, or for reasons For technical or artistic reasons, or for reasons connected with protection of exclusive rights or connected with protection of exclusive rights or intellectual properly, the supplies may be intellectual properly, the supplies may be manufactured or delivered only by a particular supplier;manufactured or delivered only by a particular supplier;

iii.iii. For reasons of extreme urgency brought about by events For reasons of extreme urgency brought about by events unforeseeable by the procuring agency, the time limits unforeseeable by the procuring agency, the time limits laid down for open and limited bidding methods cannot laid down for open and limited bidding methods cannot be met. The circumstances invoked to justify extreme be met. The circumstances invoked to justify extreme urgency must not be attributable to the procuring urgency must not be attributable to the procuring agency;agency;

Provided that any procuring agency desirous Provided that any procuring agency desirous of using negotiated tendering as a method of of using negotiated tendering as a method of procurement shall record its reasons and justifications in procurement shall record its reasons and justifications in writing for resorting to negotiated tendering and shall writing for resorting to negotiated tendering and shall place the same on record. place the same on record.

Rule – 43Rule – 43 On Account Payments On Account Payments Prompt Payments to Prompt Payments to

suppliers/contractors within the time suppliers/contractors within the time given in the conditions of the given in the conditions of the contract, which shall not exceed contract, which shall not exceed 30 30 daysdays

Rule – 44Rule – 44 Entry into force of the ContractEntry into force of the Contract

If formal signing of a written contract is required:-If formal signing of a written contract is required:-

From the date of signing the contract by all parties From the date of signing the contract by all parties concerned. Orconcerned. Or

From the date of fulfillment of certain condition(s) – From the date of fulfillment of certain condition(s) – Contingent Contracts.Contingent Contracts.

If no formal signing of contract is required:-If no formal signing of contract is required:-

From the date of the notice of the acceptance of the From the date of the notice of the acceptance of the bidbid

From the date of the purchase orderFrom the date of the purchase order

Rule – 45Rule – 45 Closing of ContractClosing of Contract

On issuance of overall delivery certificate or On issuance of overall delivery certificate or taking over certificate required to be issued taking over certificate required to be issued within 30 days of final taking over of within 30 days of final taking over of goods/receiving the deliverables or completion goods/receiving the deliverables or completion of work.of work.

In case of defect liability or maintenance period;In case of defect liability or maintenance period;

• Completion certificate to be issued within 30 days of Completion certificate to be issued within 30 days of expiry of defect liability or maintenance period (except expiry of defect liability or maintenance period (except for unsettled claims) and payments to be made as per for unsettled claims) and payments to be made as per condition of contract but not exceeding 60 days. condition of contract but not exceeding 60 days.

Rule – 46Rule – 46 Record of Procuring Proceedings Record of Procuring Proceedings

• To be maintained by all P.As for a minimum To be maintained by all P.As for a minimum period of period of 05 years05 years

• Detail of record obtaining of record etc. in Detail of record obtaining of record etc. in accordance with Regulation 4,5,6 of PP accordance with Regulation 4,5,6 of PP Regulation, 2008. Regulation, 2008.

DetailDetail

Rule – 47Rule – 47 Public Access and TransparencyPublic Access and Transparency

A document relating to evaluation and award of A document relating to evaluation and award of contract to be made public;contract to be made public;

• as soon as the contract is awarded as soon as the contract is awarded • exceptions – proprietary nature or against the exceptions – proprietary nature or against the Public Public

Interest Interest • Prior approval of PPRA required to withhold the Prior approval of PPRA required to withhold the

information from public disclosureinformation from public disclosure• Procurement contract over Rs.50 million are required Procurement contract over Rs.50 million are required

to be uploaded on PPRA Website on specified forms to be uploaded on PPRA Website on specified forms (Regulation of PP Regulation, 2008)(Regulation of PP Regulation, 2008)

DetailDetail

Rule – 48. Rule – 48. Redressal of Grievances by the Redressal of Grievances by the

Procuring AgencyProcuring Agency

• On receipt of complaint of an aggrieved bidder On receipt of complaint of an aggrieved bidder prior to the entry into force of the procurement prior to the entry into force of the procurement contractcontract

• PA to Constitute a Committee PA to Constitute a Committee • ComplaintsComplaints• Written complaint Written complaint within 15 dayswithin 15 days after the after the

announcement of announcement of the bid evaluation reportthe bid evaluation report• Decision by the Committee within 15 days of the Decision by the Committee within 15 days of the

receipt of the receipt of the complaint complaint • Appeal can be filed in the relevant court of Appeal can be filed in the relevant court of

jurisdictionjurisdiction

Rule – 49Rule – 49 Arbitration Arbitration

• only after coming into force of the only after coming into force of the procurement procurement

contracts contracts • method of arbitration to be provided method of arbitration to be provided

by the by the

procuring procuring agency agency

Rule – 50Rule – 50 Mis-procurementMis-procurement

Un-authorized breach of Procurement RulesUn-authorized breach of Procurement Rules

Rule – 51Rule – 51 Overriding Effect Overriding Effect

Shall have effect Shall have effect notwithstanding anything to notwithstanding anything to the contrary contained in the contrary contained in any any other rulesother rules concerning public concerning public procurementsprocurements

THANK YOU THANK YOU

Public Procurement Regulation, 2008Public Procurement Regulation, 2008

4. Record to be kept.-4. Record to be kept.- A Procuring agency A Procuring agency shall keep the following record of the shall keep the following record of the procurement proceedings for at least five years procurement proceedings for at least five years from the date of completion of procurement of from the date of completion of procurement of contract or rejection of all bids under rules 33 of contract or rejection of all bids under rules 33 of the rules, namely:the rules, namely:

a)a) A brief description of the goods or works to be procured or A brief description of the goods or works to be procured or of the procurement need for which the procuring agency of the procurement need for which the procuring agency requested proposal or offers;requested proposal or offers;

b)b) The names and addresses of suppliers or contractors that The names and addresses of suppliers or contractors that submitted bids, proposals, offers or quotations and name submitted bids, proposals, offers or quotations and name and address of supplier or contractor with whom the and address of supplier or contractor with whom the procurement contract is entered into and the contract procurement contract is entered into and the contract price;price;

c)c) The names and address of suppliers or contractor who The names and address of suppliers or contractor who were pre-qualified or selected and invited to submit bids were pre-qualified or selected and invited to submit bids or technical proposals;or technical proposals;

d)d) Information related to the qualifications or Information related to the qualifications or disqualifications of suppliers or contractors who disqualifications of suppliers or contractors who have submitted bids, proposals, offers or have submitted bids, proposals, offers or quotations;quotations;

e)e) The price or the basis for determining the price and The price or the basis for determining the price and a summary of the other terms and conditions of a summary of the other terms and conditions of each bid, proposal, offer or quotation and each bid, proposal, offer or quotation and procurement contract stipulated by the procuring procurement contract stipulated by the procuring agency;agency;

f)f) Evaluation report prepared under rule 35 of the Evaluation report prepared under rule 35 of the rules, alongwith any reservation and preference rules, alongwith any reservation and preference under rule 24 under rule 24 ibid;ibid;

g)g) In case of rejection of bids pursuant to rule 33 of In case of rejection of bids pursuant to rule 33 of the rules, its complete record;the rules, its complete record;

h)h) In case of any other method of procurement except In case of any other method of procurement except open competitive bidding which does not culminate open competitive bidding which does not culminate in procurement contract, a statement to that effect in procurement contract, a statement to that effect and the reasons thereof; and and the reasons thereof; and

i)i) A summary of any requests for clarification of the pre-A summary of any requests for clarification of the pre-qualification or solicitation documents, the response qualification or solicitation documents, the response thereto, as well as a summary of any modification to thereto, as well as a summary of any modification to

those documents.those documents.

5. Obtaining the record.-5. Obtaining the record.-(1) After (1) After acceptance of the bids or, as the case may acceptance of the bids or, as the case may be, termination of the procurement be, termination of the procurement proceedings without resulting in a contract, proceedings without resulting in a contract, any person may, on request, obtain the any person may, on request, obtain the records referred to in clauses (a) and (c) of records referred to in clauses (a) and (c) of regulation 4.regulation 4.

(2) After acceptance of the bids (2) After acceptance of the bids or, as the case may be, termination of the or, as the case may be, termination of the procurement proceedings without resulting procurement proceedings without resulting in a contract any person who submitted in a contract any person who submitted bids proposals, offers or quotations or bids proposals, offers or quotations or applied for pre-qualification may obtain, on applied for pre-qualification may obtain, on request, the records referred to in clauses request, the records referred to in clauses (b), (d), (e), (f) and (g) of regulation 4. (b), (d), (e), (f) and (g) of regulation 4.

(3) The record referred to in (3) The record referred to in regulation 4 may also be made available within a regulation 4 may also be made available within a reasonable time to the Auditor General of reasonable time to the Auditor General of Pakistan or any authorized officer of they Pakistan or any authorized officer of they Authority or the Federal Government.Authority or the Federal Government.

6. No liability to suppliers etc.-6. No liability to suppliers etc.- A A procuring agency shall not be liable to procuring agency shall not be liable to suppliers or contractors for damages suppliers or contractors for damages owing solely to a failure or keeping record owing solely to a failure or keeping record of the procurement proceedings in of the procurement proceedings in accordance with these regulations. accordance with these regulations.

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7. *Posting of contract awards on PPRA’s 7. *Posting of contract awards on PPRA’s Website.- Website.- All procuring agencies whether within All procuring agencies whether within or outside Pakistan shall post Contract Awards over or outside Pakistan shall post Contract Awards over fifty million rupees on PPRA’s website on the fifty million rupees on PPRA’s website on the proformas as set out in Annexure-I and Annexure-II proformas as set out in Annexure-I and Annexure-II to these regulations. to these regulations.

Provide that where any information is related Provide that where any information is related to the award of a contract is of proprietary nature to the award of a contract is of proprietary nature or where the procuring agency is convinced that or where the procuring agency is convinced that such disclosure of information all be against the such disclosure of information all be against the public interest, it can withhold only such public interest, it can withhold only such information form uploading on PPRA’s website information form uploading on PPRA’s website subject to the prior approval of the Public subject to the prior approval of the Public Procurement Regulatory Authority. Procurement Regulatory Authority.

* Issued vide Cabinet Division S.R.O. (1)/2009, dated 09-07-* Issued vide Cabinet Division S.R.O. (1)/2009, dated 09-07-20092009

[F.No.2/1/2008/PPRA-RA.III.][F.No.2/1/2008/PPRA-RA.III.]

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