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1. Sindh Public Procurement Regulatory Authority (SPPRA) Transparency International Pakistan USAID 2.

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Presentation on theme: "1. Sindh Public Procurement Regulatory Authority (SPPRA) Transparency International Pakistan USAID 2."— Presentation transcript:

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2 Sindh Public Procurement Regulatory Authority (SPPRA) Transparency International Pakistan USAID 2

3   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) Scope & Applicability 3

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5   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) Procurement Planning 5

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7 7  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 Procurement Committee

8 8  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 Procurement Process

9 9  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 Procurement Process

10   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) Procurement Process Cont… 10

11   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 Prequalification Cont…. 11

12   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 1/3 rd 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 Bid Security & Validity 12

13   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) Bid Opening 13

14   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) Bid Procedure & Evaluation 14

15   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) Bid Evaluation Report (BER) 15

16   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) Contracting Requirements 16

17   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 Contract Award 17

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19   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 Complaint Redressal Committee (CRC) Cont… 19

20   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 Complaint Redressal Mechanism Cont…. 20

21   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 Complaint Redressal Mechanism Cont…. 21

22   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 Complaint Redressal Mechanism Cont…. 22

23   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 Complaint Redressal Mechanism 23

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

25   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  Duration ≤ 6 Months Procuring Consultancy Services 25

26   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 Consultancy Selection Guidelines 26

27   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) Consultancy Selection Committee (CSC) Cont…. 27

28   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 Consultancy Selection Committee (CSC) Cont…. 28

29   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) Consultancy Selection Process Cont…. 29

30  THANK YOU 30


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