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Sindh Public Procurement Act 2009 & Rules 2010

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Presentation on theme: "Sindh Public Procurement Act 2009 & Rules 2010"— Presentation transcript:


2 Sindh Public Procurement Act 2009 & Rules 2010
Sindh Public Procurement Regulatory Authority (SPPRA) Transparency International Pakistan USAID

3 Scope & Applicability All Government Agencies for procurement of Goods, Works, & Services (Rule 3) Applicable to Donor Funded procurements unless explicitly barred (Rule 5) SPP Rules 2010 shall have over riding effect over all rules, regulations, manuals, instructions and orders issued by government pertaining to procurement (Rule 90)


5 Procurement Planning PAs to prepare Annual Procurement Plan (APP) (Rule 11) Determine procurement requirements within available resources Determine applicable procurement methods Carry out periodic Review of the Plan and Update the same if necessary APP in advance on Authority’s and PA’s website (Rule 12)


7 Procurement Committee
Constitution of PCs (Rule 7) Comprising odd number of persons At  least 1/3rd members from other agencies Headed by BS-18/highest grade officer Approved by Head of Department Functions of PCs (Rule 8) Prepare bidding documents Carry out bid evaluation Prepare Bid Evaluation Reports (BER) (Rule 45); Recommend Contract Award to Competent Authority Perform any other function

8 Procurement Process Open Competitive Bidding (Rule 15)
National Competitive Bidding (NCB) Only local bidders are desired International Bidders are not barred Procurement is below US $10M May be opted for above US $10M with HoD’s approval and reasons/justifications in writing International Competitive Bidding (ICB) Both local & International bidders are desired subject to Eligibility (Rule 29) Procurement is above US $10M May be opted for below US $10M with HoD’s approval and reasons/justifications in writing

9 Procurement Process Procurement Methods & Advertisement (Rule 16-17)
≤ 25,000 - Petty Purchases - No Quotations >25,000 to ≤ 100,000 - Three Quotations only >100,000 to ≤ 1,000,000 SPPRA Website >1,000,000 SPPRA Website + 3 leading dailies (English Urdu S indhi) Direct Contracting, Force Account, Repeat Orders No Advertisement

10 Procurement Process Response Time (Rule 18)
NCB - ≥ 15 days from 1st Publication Date ICB - ≥ 45 days from 1st Publication Date Exceptions to Rules 17 & 18 approved by HoD/BS 20 Officer (Rule 19) Emergency, National Security, or Intellectual Property Bidding documents available to bidders from date of publication on NIT (Rule 20)

11 Prequalification Prequalification (with Well defined Criteria) only in following cases (Rule 27) large and complex works and services turnkey, design and build, or management contract expensive and technically complex equipment and works Prequalification Process (Rule 28) Notice for Pre-qualification (Rules 17 and 18) Pre-qualification documents & evaluation criteria Issued Separately (Rule 20) or, Part of the Prequalification Notice Communication of prequalification or otherwise to all

12 Bid Security & Validity
bidders to furnish a bid security (Rule 37) 1% to 5% of the bid price, valid for 28 days beyond bid validity released to the unsuccessful bidders on signing of contract or expiry of the validity period Bid Validity Period (Rule 38) 90 days (NCB) & 120 days (ICB) May be extended by PA for 1/3rd but refused by bidders If not extended will result in cancellation of bidding process If extended will automatically extend Bid Security Validity Will not change the price or other conditions of the bid

13 Bid Opening Bid Opening (Rule 41)
Bids to Open within One hour of Submission Deadline Bidders to sign attendance sheet Procurement Committee to sign Financial Proposal Bid Evaluation (Rule 42) In accordance with the evaluation criteria Bid Clarification (Rule 43) No alteration or modification allowed No conditions of discriminatory nature (Rule 44) Bidding is valid EVEN if only ONE (Rule 48)

14 Bid Procedure & Evaluation
Open Competitive Bidding (Rule 46) Single Stage – One Envelope Procedure NIT to contain eligibility criteria One envelop with Financial Proposal Single stage – Two Envelope Procedure One Package-Two Envelops Technical and Financial Proposals in separate Envelop Bid Security inside Financial Proposal Envelop Evaluate only Technical Proposal for shortlisting Open Financial Proposal of only shortlisted bidders Select LOWEST or BEST EVALUATED bid No Negotiations with LOWEST or BEST Evaluated bidder (Rule 52) All info confidential until BER announced (Rule 53)

15 Bid Evaluation Report (BER)
Bid Evaluation Report (BER) to be hoisted on SPPRA website and communicated to bidders at least 07 days before the award of contract (Rule 45) Cancellation of Bidding Process at any time prior to acceptance of Bid (Rule 25)

16 Contracting Requirements
Successful Party, before award of contract shall provide performance security (Rule 39) pay order or demand draft or bank guarantee not more than 10% of contract price Valid for 90 days beyond the date of completion of contract Procurements exceeding Rs. 10 million for goods and works, and Rs. 2.5 million for services shall be subject to an integrity pact (Rule 89)

17 Contract Award AWARD to Lowest or Best Evaluated Bid (Rule 49)
CONTRACT in force upon AGREEMENT signing or as specified in the agreement (Rule 55) Publish Award of Contract on SPPRA Website within 7 Days along with (Rule 50) Bid Evaluation Report Form of Contract and Letter of Award Bill of Quantities or Schedule of Requirement


19 Complaint Redressal Committee (CRC)
PA to constitute Complaint Redressal Committee (CRC) under Rule 31 Odd number of persons Headed by Head of PA or official one rank senior to the head of the procurement committee Members Accountant General representative in case of PA District Accounts Officer/representative in case of the LGs or provincial line departments at district level independent professional nominated by PA Head

20 Complaint Redressal Mechanism
Aggrieved Bidder (AB) to launch a written complaint with CRC, which If satisfied, may Stop PC from acting further Annul decision of PC Reverse/Substitute PC decision Shall not Award a Contract Shall announce decision within 7 days Shall Communicate decision to SPPRA and AB in 3 days PA shall award contract after decision of CRC

21 Complaint Redressal Mechanism
Aggrieved Bidder (AB) if not satisfied with CRC decision may appeal to Chief Secretary through SPPRA with letter stating his wish to appeal to the Review Panel copy of the complaint earlier submitted to CRC non-refundable complain registration fee in favor of SPPRA (Appendix A) CS shall forward the complaint to Review Panel which, within 5 days, shall convene first meeting

22 Complaint Redressal Mechanism
Review Panel (RP), which within 30 days shall communicate its decision to SPPRA, may Propose rejection of the complaint AB will loose its Bid Security Suggest annulment in whole or in part of a non-compliant act or decision of a procuring agency Suggest the payment of compensation by the officer(s) responsible for mis-procurement Recommend termination of procurement proceedings in case the procurement contract has not been signed

23 Complaint Redressal Mechanism
SPPRA shall send recommendations of RP to CS whose decision shall be final and binding on parties SPPRA shall hoist the complaint and the decision on its website within 3 working days

24 Mis-Procurement (Rule 56)
Any unauthorized breach of these rules shall amount to mis-procurement. (Proposed Amendment)

25 Procuring Consultancy Services
Relevant Rules from 1 to 57 shall apply (Rule 58) Small Consultancy (Rule 59) < Rs. 0.5 million for Individuals Rs. 0.5 to 2.0 million for Consulting Firms Duration ≤ 6 Months Medium to Large Consultancy (Rule 60) ≥ Rs. 0.5 million for Individuals Duration ≤ 12 Months ≥ Rs. 2.0 million for Consulting Firms

26 Consultancy Selection Guidelines
PAs to follow a systematic process (Rule 66) PAs may opt any method of selection (Rule 72) Least Cost Selection Method Quality Based Selection Method Quality and Cost Based Selection Method Direct Selection Method Fixed Budget Design Contest Consultant’s Qualifications Selection Method Selection Process of Individual Consultants

27 Consultancy Selection Committee (CSC)
Consultant Selection Committee for PAs (Rule 67) headed by BS-19/highest grade officer/Project or programme directors, coordinators or managers of the respective projects or programs nominee of BS-18 from P&DD+FD representative of the procuring agency one technical member from the concerned PA two co-opt members – no voting rights Quorum – Head+P&DD+FD (Rule 68)

28 Consultancy Selection Committee (CSC)
Consultant Selection Committee for DGs (Rule 69) Headed by EDO Members EDO F&P/Representative BS 18 DO (Member + Secretary) Two professionals from Civil Society two co-opt members – no voting rights Quorum – Head+F&P+One private member

29 Consultancy Selection Process
CSCs responsible for (Rule 73) Preparation of short listing criteria. Preparation of Request For Proposal (RFP) Short listing of consultants Evaluation of Technical and Financial proposals Finalization of recommendation Decisions by CSC through simple majority (Rule 70)


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