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Program Management and Implementation Unit

Sindh Basic Education Program

Procurement
Policies and procedure manual

Code PMIU_PPM_003
Version 1.0.0
Custodian Program Manager Support Services
Contents
Acronyms .............................................................................................................................. 1
1. The Manual ....................................................................................................................... 2
1.1. Scope, Purpose and Objective ...................................................................................... 2
1.2. Responsibility and Authority ........................................................................................ 3
1.3. Approval, Revisions and Updates in the Manual .............................................................. 3
2. Document Approvals ......................................................................................................... 3
3. Revision History ................................................................................................................ 4
4. Introduction ..................................................................................................................... 4
4.1. Objective of the program ............................................................................................ 4
4.2. Components of the program ........................................................................................ 4
4.3. Program Steering Committee (PSC) .............................................................................. 5
A. Members of the PSC include .................................................................................... 5
B. Terms of reference of the PSC ................................................................................. 5
4.4. Program Management and Implementation Unit (PMIU) .................................................. 5
A. Terms of Reference / Functions of PMIU ................................................................. 6
B. Organogram ............................................................................................................ 7
C. Procurement Section at PMIU ................................................................................. 8
5. Definitions ........................................................................................................................ 8
6. Procurement Policy and Principles ...................................................................................13
6.1. General Principles .....................................................................................................13
A. Conflict with International and Inter-Governmental Agreements ..........................13
B. Language ...............................................................................................................13
C. Confidentiality........................................................................................................13
D. Bar on negotiations ................................................................................................13
E. Discriminatory and difficult conditions ...................................................................13
F. Payments on account of contracts .........................................................................13
6.2. Principles of hiring of consultants ................................................................................14
A. Fair Selection of Consultancy Services ...................................................................14
B. Bar on hiring in cases of Conflict of Interests ........................................................14
C. Hiring of Government Officials and Academics .......................................................14
D. Equal Access to Information ..................................................................................14
E. Rights and obligations of the PMIU and consultants ..............................................14
F. Association or Consortium between Consultants....................................................14
G. Intellectual Property Rights ...................................................................................15
H. Extent of Contract Negotiation ...............................................................................15
I. Professional Liability of Consultants ......................................................................15
7. Persons affected ..............................................................................................................15
8. Responsibilities................................................................................................................16
9. Constitution of Procurement Committees ........................................................................17
9.1. Committee for Works, Goods and Support Services ........................................................17
9.2. Focal Person .............................................................................................................17
9.3. Proceedings of Committee ..........................................................................................17
A. Meetings ................................................................................................................17
B. Proceedings ...........................................................................................................17
10. Procurement Planning ............................................................................................19
10.1. Fundamentals of the Procurement Planning ..................................................................19
10.2. Planning Activities .....................................................................................................20
10.3. Review and Update ....................................................................................................21
11. Procurement Procedures ........................................................................................23
11.1. Methods of Procurement ............................................................................................23
A. Opening Competitive Bidding .................................................................................24
B. Procurement through prequalified Bidders ............................................................25
C. Request for Quotations ..........................................................................................26
D. Direct Contracting ..................................................................................................28
E. Force Account ........................................................................................................31
F. Petty Purchases .....................................................................................................31
G. Repeat Orders ........................................................................................................31
11.2. Procurement of works through bidding .........................................................................34
A. Preparation of Bidding Documents .........................................................................34
B. Advertisement and Publication of NIT ....................................................................37
C. Receiving and Submission of bids ..........................................................................41
D. Modification, withdrawal, or substitution of bids ...................................................43
E. Cancellation of bids ................................................................................................43
F. Bid Evaluation ........................................................................................................44
G. Preparation of comparative Statement ..................................................................53
H. Announcement of Evaluation Report ......................................................................54
I. Acceptance of bids and award of contract of procurement contracts .....................54
11.3. Procurement of goods through bidding .........................................................................56
A. Preparation of Bidding Documents .........................................................................56
B. Advertisement and Publication of NIT ....................................................................58
i. Reissuance of Tender Notice in case of modification of bidding .............................61
ii. Pre bid meeting for clarification and modification of bidding documents ...............61
C. Receiving and Submission of bids ..........................................................................61
D. Cancellation of bids ................................................................................................62
E. Bid Evaluation ........................................................................................................63
F. Acceptance of bids and award of contract of procurement contracts .....................67
11.4. Pre-qualification ........................................................................................................68
A. Pre-qualification in case of procurement of goods .................................................68
B. Pre-qualification of contractors / suppliers in case of procurement of works ........70
11.5. Procurement of Consultancy services ...........................................................................78
A. Selection Committee ..............................................................................................78
B. Proceedings of Selection Committee ......................................................................78
C. Methods of selection of Consultants .......................................................................78
D. Steps in Selection Process......................................................................................80
E. Pre-Procurement Activities ....................................................................................81
F. Procurement Activities ...........................................................................................82
11.6. Redressal of Grievances and Settlement of Disputes ......................................................86
A. Constitution of committee ......................................................................................86
B. The Composition of Committee ..............................................................................86
C. Complaint ...............................................................................................................86
D. Proceedings & Decisions ........................................................................................86
E. Appeal ....................................................................................................................87
11.7. Arbitration................................................................................................................88
12. Annexures ..............................................................................................................89
13. Checklists ............................................................................................................. 122
13.1. SPPRA Checklist ...................................................................................................... 122
A. Identifying the need – Is the purchase necessary? .............................................. 122
B. WRITING THE SPECIFICATION ............................................................................ 122
C. ESTIMATING COST ............................................................................................... 123
D. SECURING APPROVALS AND FUNDING ................................................................. 123
E. DETERMINING THE BEST PROCUREMENT STRATEGY ............................................ 123
F. DECIDING ON THE TENDERING PROCEDURE THAT SHOULD BE FOLLOWED ......... 123
G. PREPARING Notice Inviting Tender (NIT) ............................................................ 123
H. ALLOWING SUFFICIENT TIME FOR SUBMISSION OF TENDERS ............................. 124
I. ISSUING TENDER DOCUMENTS, SUPPORTING DOCUMENTS AND CLARIFICATIONS
WITHOUT DELAY .................................................................................................. 124
J. RECEIPTING AND OPENING TENDERS .................................................................. 124
K. EVALUATING TENDERS ......................................................................................... 124
L. AWARDING THE CONTRACT ................................................................................. 125
M. MANAGING THE CONTRACT .................................................................................. 125
13.1 Procurement Process ............................................................................................... 126
A. NIT preparation to bid submission ....................................................................... 127
B. Checklists – EOI / PRE-QUALIFICATION SUBMISSION ........................................ 131
C. COMPLAINT REDRESSAL MECHANISM .................................................................. 132
D. CHECKLIST – CONTRACT EVALUATION REPORT ................................................... 133
14. Mandatory references .......................................................................................... 135
A. Legal framework ..................................................................................................... 135
i. Laws .................................................................................................................... 135
ii. Rules .................................................................................................................... 135
iii. Regulations .......................................................................................................... 137
iv. Policy guidelines .................................................................................................. 138
v. Manual ................................................................................................................. 138
B. Administrative instructions ....................................................................................... 138
i. Circulars ............................................................................................................... 138
ii. Notifications......................................................................................................... 138
15. Effective Date....................................................................................................... 138
Acronyms
APP Annual Procurement Plan
BDS Bio Data Sheet
BER Bid Evaluation Report
BOQ Bill of Quantity
CSR Composite Schedule of Rates
DPD Deputy Program Director
EOI Expression of Interest
GCC General Conditions of Contract
GOP Government of Pakistan
GOS Government of Sindh
INCB International Competitive Bidding
ITB Instruction to Bidder
ITC Information to Consultant
JDs Job Descriptions
JV Joint Venture
LOA Letter of Acceptance
LOI Letter of Invitation
M&E Monitoring and Evaluation
MIS Management Information System
NCB National Competitive Bidding
NIT Notice Inviting Tender
PA Procuring Agency
PD Program Director, PMIU SBEP
P&DB Planning & Development Board, GoS
PEC Pakistan Engineering Council
PM Program Manager
PMIU Program Management and Implementation Unit
PSC Program Steering Committee
RFP Request for Proposal
SBEP Sindh Basic Education Program
SELD School Education & Literacy Department
SMP Senior Manager Procurement
SOPs Standard Operating Procedures
SPN Specific Procurement Notice
SPPRA Sindh Public Procurement Regulatory Authority
SPPRR Sindh Public Procurement Rules, 2010
SCC Special Conditions of Contract
SMO Senior Manager Procurement
TORs Terms of Reference
USAID United States Agency for International Development

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1. The Manual
The PMIU is mandated to procure goods / services / works for the implementation of the Sindh
Basic Education Program (SBEP / the Program). This Procurement Manual therefore establishes
policies and procedures for the all major and minor procurement of goods, services and works
undertaken by PMIU under GoS and USAID-funded SBEP, following Sindh Public Procurement
Rules, 2010. Accordingly, the purpose of this manual is to provide guidance common to all
categories of procurement and also to distinctly encapsulate specific requirements for each
category.

1.1. Scope, Purpose and Objective

Sindh Basic Education Program is managed through a Program Management and


Implementation Unit (PMIU) as provided in the approved PC-I of the Program. This Manual
will ensure implementation of the SBEP in a systematic, transparent and accountable
manner. The processes and procedure laid in this Manual focus on the PMIU and related
implementing partners in the Provincial Government.

The purpose of this Manual is to provide required assistance and guidelines in the
management of Procurement and outline the policies and procedures laid down by the
authorities of this program and the Government. This manual also provides a step-by-step
guidelines to procurement officials of PMIU-SBEP, engineers, contractors, and their
respective advisors to understand general policies and procedures concerning the
procurement of works, goods, related services thereof (such as transportation, insurance,
installation, commissioning, training, initial maintenance, piling, mapping and other
operations) and consultancy services.

It is to serve as a code of conduct as well as determinate the role of actors involved in this
program. The manual has been designed in compliance with the laws, rules, guidelines and
policies governing the program and procurement management of the provincial Government.
This manual will serve as a guide and on-going reference to streamline the day to day
working and monitoring and tracking the procurement activities of the program.

The basic objective of procurement manual is to ensure compliance with all the provisions
of procurement requirements of the Sindh Basic Education Program in accordance with Sindh
Public Procurement Rules (SPPR) 2010. However Rule 5 of SPPR, 2010 allows for additional
compliance by stating that “Wherever these regulations are inconsistent with, or in conflict
with, any obligation or commitment of the Government of Sindh arising out of an
international treaty or an agreement with a foreign country or countries, or any international
financial institution, the provisions of such international treaty or agreement shall override
the provisions of these rules.”

To ensure that the procurement is in line with the agreed procedures and guidelines as
specified in the program documents, this manual:

i. Provides equal opportunity to all interested bidders to compete in the


procurement process;
ii. Ensures transparency and fairness in the process;
iii. Avoids cost and time over run; and
iv. Ensures best value for money.

It will serve as the Standard Operating Procedure (SOP) in relation to comprehensive


reference of policies, procedures and general information concerning the operations of the
Program Management and Implementation Unit (PMIU) of Sindh Basic Education Program.

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1.2. Responsibility and Authority

This manual is the property of the PMIU Government of Sindh. The Senior Manager
Procurement Head of the Procurement Section in the PMIU of the Program is responsible for
safeguarding and implementation of the Procurement Manual under the supervision of
Program Manager Support Services (PM – SS) who is responsible to maintain and keep the
manual up-dated as and when required.

1.3. Approval, Revisions and Updates in the Manual

Program Steering Committee is the forum for approval of this Manual and any subsequent
changes made in this Manual.

The policies and procedures contained in this Manual are subject to modification. The PMIU
is responsible for any revisions, deletions and additions in the manual, in accordance with
the required needs. Any changes / revisions in the manual is given in Section 14 of this
Manual.

The updates are to be communicated to the users via official e-mail or otherwise as well. Upon
receipt of new or revised information, the user can print and insert the replacement pages with
the superseded pages. New or revised policies and procedures become effective when issued
unless otherwise specified.

2. Document Approvals

Name and Ref to the Suggested Signature Comments of Approval


Designation section Changes and Date Sectional of PD
where head
change is
required

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3. Revision History

Date Revision no. Change Reference sections

4. Introduction
Under Kerry-Logger Bill, the Government of US has committed to work with GoP /GoS to improve
the education sector in the areas affected by the floods / torrential rains, in Sindh in year 2010.
Considering the damages to the schools in the various districts and in the selected towns of the
Karachi, the USAID committed to provide an aid of US $81 million for construction of new and
bigger schools for enhancing accessibility and quality of the education for the poor / marginalized
communities in those areas.

For this purpose both governments have signed an Activity Agreement for execution of the
program through a well-established Program Management Implementation Unit (PMIU) to be
funded through GoS counterpart fund.

4.1. Objective of the program

Through a partnership between USAID and the Government of Sindh (GoS), SBEP is aimed to
achieve “increased and sustained student enrollment in primary, middle and secondary schools
and provide improved infrastructure in specified geographical locations in Sindh”. The objective
of the PMIU is to manage and implement the program and monitor the construction of schools
in the eight programmed districts specified below that were severely affected by the floods
during 2010 in the Sindh Province:
 Jacobabad
 Shahdadkot @ Kamber
 Karachi (Selected towns i.e. Kemari, Orangi, Gadap, Bin Qasim)
 Kashmore @ Kandhkot
 Larkana
 Sukkur
 Khairpur
 Dadu

4.2. Components of the program


 Construction of schools affected by 2010 floods;
 Support to Government of Sindh (GOS) Policy Reforms to merge, consolidate and
upgrade schools through construction of schools;
 Improvement in early grade reading in primary schools;
 Community mobilization with a focus on increasing girls enrolment and improving
nutritional status of children;
 Technical assistance to the SELD;
 Monitoring & Evaluation and
 School Construction Design and Construction Management & Supervision.

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4.3. Program Steering Committee (PSC)

A Program Steering Committee (PSC) with one representative from USAID in the capacity of
observer will be responsible for the oversight of the Program and overall coordination among
all GOS Departments is to be chaired by Secretary, SELD.

A. Members of the PSC include


a. Secretary, SELD (Chair-person);
b. Secretary, Planning & Development;
c. Additional Secretary, Finance Department;
d. Chief Program Manager, Reform Support Unit School Education Department &
Literacy Department;
e. A Deputy Commissioner (DC) from one the program district;
f. Program Director, SBEP will act as Member / Secretary of the PSC; and
g. Representative of USAID / Pak will attend the meetings of the PSC as an observer
and may contribute to the discussions.

B. Terms of reference of the PSC

Primary function of the Program Steering Committee is to take responsibility for the achievement
of outcomes of the Program, overall coordination, and guidance on and approval of major
business decisions.

The Program Steering Committee is responsible for:


a. Monitoring and review of the program status, as well as providing oversight of the
program deliverables rollout;
b. Controlling program scope in the changing circumstances, ensuring that scope aligns
with the agreed outcome requirements of GoS and USAID. Scope management will be
particularly important in pre-budget meetings and at the time of Mid-Term Review of
the Program;
c. Resolving program conflicts and disputes, reconciling differences of opinion and
approach;
d. Granting formal acceptance of program deliverables as reported through various
progress reports;
e. Granting acceptance/clearance to the sub-project PC-Is for placing in PDWP for formal
approval; and
f. Championing and building support for the Program.

PSC may review, redefine, add or modify the above terms of reference in its meetings. PSC will
meet on quarterly basis or as required. The Program Director SBEP facilitates the PSC meetings.
Program Director, SBEP will be responsible for preparing Minutes of the PSC Meetings to be
shared with the Chief Minister Secretariat, members of the Committee, all Program staff, and
general public through the Program website.

4.4. Program Management and Implementation Unit (PMIU)

Program Management and Implementation Unit (PMIU) is established in the School


Education & Literacy Department, Government of Sindh. PMIU is headed by a Program
Director (PD) who reports directly to the Secretary, who is also the Chairman of the Program
Steering Committee (PSC). PMIU will serve as the Secretariat of the PSC and PD as its
Secretary. The PMIU management is also mandated to develop policies and procedures to
ensure that its directives are followed. The Program Director is assisted by a Deputy Program
Director and four Program Managers (PM) supervising different sections of the program:
a) Schools Construction Design and Construction Management & Supervision;
b) Learning, Reforms and Community Mobilization; and
c) Support Services; and

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A. Terms of Reference / Functions of PMIU

Overall objective of the PMIU is the transparent and efficient management of SBEP, ensuring
programmatic quality and effectiveness, technical coordination, internal and external
communication, accountability, and sound administration. PMIU is accountable to PSC.

The PMIU is responsible for:

a. Engaging with SBEP stakeholders on strategy and policy matters;


b. Identifying windows of opportunity to further develop the Program and components;
managing actively the scope of the Program according to changing strategic
environment;
c. Elaborating PC-I document guiding implementation at the individual component level;
d. Appraising sub-project PC-Is within the mandate given by the Program Steering
Committee;
e. Working out frame works, regulations, policies, and procedures necessary for effective
management of the Program, to be approved by PSC;
f. Identifying schools for construction and/or up-gradation in accordance with agreed
policies;
g. Initiating and managing architectural design of schools and preparing procurement
packages for contractors;
h. Supervising construction in terms of timeliness, cost effectiveness, delivery, and quality
of works;
i. Introducing systems and procedures for Project Management Cycle as specified by
USAID;
j. Procuring or facilitating the procurement of services and other inputs to the
interventions at component level;
k. Approving the utilization of funds within the mandate given by the PSC;
l. Monitoring progress and outcomes of all components under its jurisdiction and
undertaking specified evaluations;
m. Preparing quarterly & annual work plans and budgets as specified by the Project
Monitoring & Evaluation System (PMES);
n. Preparing monthly and quarterly progress reports as per PC-III format;
o. Developing and implementing a quality plan for identification, design, and construction
of sub-projects to ensure quality of works in line with agreed upon standards;
p. Preparing a risk management framework to identify potential risks and risk response
measures for active risk control;
q. Collaborating and coordinating with SBEP staff, to be hired by USAID, to implement all
components of the Program in an integrated manner for optimum results;
r. Promoting a team culture within PMIU and with its stakeholders; ensuring timely staff
recruitment and creating incentives for staff retention;
s. Publicizing the achievements of the Program through paper, and electronic media to
ensure its visibility and to improve accountability of implementers;
t. Undertaking any other assignments as delegated by the PSC.

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B. Organogram

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C. Procurement Section at PMIU

PD (aproving
authority)

Deputy Program
Director
(Chairman PC)

Program Manager
Program Manager Senior Manager
Reforms, Learning Program Manager
Contruction Monitoring &
& Community Support Services
management Evaluation
Mobilization

Manager
Manager
Construction Senior Manager
Construction Manager FAA
(Design & Procurement
(Supervision)
Contracting)

Procurement Procurement
Officer Officer

5. Definitions
a) “Act” means Sindh Public Procurement Act, 2009;

b) “Administrative Approval (AA)” It is a concurrence and formal acceptance of the Administrative


Department concerned to the incurring of the proposed expenditure to execute specified works at a
stated amount to meet the requirements of the Administrative Department.

c) “Appendix to Bid” means the appendix comprising form annexed to the Bidding document.

d) “Authority” means the Sindh Public Procurement Regulatory Authority established under Section
3 of Sindh Public Procurement Act, 2009;

e) “Best Evaluated Bid” means in case of Public Private Partnership projects, a bid, which attains the
highest score under criteria laid down in Rule 84, read with respective bidding documents;

f) “Bid” means a tender, or an offer by a person, consultant, firm, company or an organization


expressing willingness to undertake a specified task at a price, in response to an invitation by a
PMIU;

g) “Bid with Lowest Evaluated Cost” means the bid quoting lowest cost amongst all those bids
evaluated to be substantially responsive;
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h) “Bidder” means a person or entity submitting a bid;

i) “Bidding Documents” means all documents provided to the interested bidders to facilitate them
in preparation of their bids in uniform manner;

j) “Bidding Process” means the procurement procedure under which sealed bids are invited,
received, opened, examined and evaluated for the purpose of awarding a contract;

k) “Bill of Quantities (BOQ)” means the price and completed bill of quantities forming part of the
tender/bid;

l) “Blacklisting” means barring a bidder, contractor, consultant or supplier from participating in any
future procurement proceedings by the PMIU;

m) “Calendar Days” means days including all holidays;

n) “Commencement Date” means the date mentioned in the notice issued by the Engineer to start
the work;

o) “Competent Authority” means an officer of the PMIU empowered to exercise financial powers and
approve the award of contract for procurement of goods, works or services, as the case may be;

p) “Completion Time” means the time for completing the execution of work as stated in Letter of
Acceptance and has satisfactorily passed any Tests prescribed by the contract;

q) “Conflict of Interest” means –

i. Where a contractor, supplier or consultant provides, or could provide, or could be


perceived as providing biased professional advice to a PMIU to obtain an undue benefit for
himself or those affiliated with him;
ii. Receiving or giving any remuneration directly or indirectly in connection with the
assignment except as provided in the contract;
iii. Any engagement in consulting or other procurement activities of a contractor, consultant
or service provider that conflicts with his role or relationship with the PMIU under the
contract;
iv. Where an official of the PMIU engaged in the procurement process has a financial or
economic interest in the outcome of the process of procurement, in a direct or an indirect
manner;

r) “Consultant” means a professional who can study, design, organize, evaluate and manage projects
or assess, evaluate and provide specialist advice or give technical assistance for making or drafting
policies, institutional reforms and includes private entities, consulting firms, legal advisors,
engineering firms, construction managers, management firms, procurement agents, inspection
agents, auditors, international and multinational organizations, investment and merchant banks,
universities, research institutions, government agencies, non-governmental organizations, and
individuals;

s) “Consulting Services” means services of an advisory and intellectual nature provided by


consultants using their professional skills to study, design, organize, and manage projects,
encompassing multiple activities and disciplines, including the crafting of sector policies and
institutional reforms, specialist advice, legal advice and integrated solutions, change management
and financial advisory services, planning and engineering studies, and architectural design services,
supervision, social and environmental assessments, technical assistance, and programme
implementation;

t) “Contract” means an agreement enforceable by law and includes General and Special Conditions,
Specifications, Drawings and Bill of Quantities;

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u) “Contractor” means a person, firm, company or organization that undertakes to execute works
including services related thereto, other than consulting services, incidental to or required for the
contract being undertaken for the works;

v) “Corrupt and Fraudulent Practices” means either one or any combination of the practices given
below;
i. “Coercive Practice” means any impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to influence the
actions of a party to achieve a wrongful gain or to cause a wrongful loss to another
party;
ii. “Collusive Practice” means any arrangement between two or more parties to the
procurement process or contract execution, designed to achieve with or without the
knowledge of the PMIU to establish prices at artificial, noncompetitive levels for any
wrongful gain;
iii. “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence the acts of another party for wrongful gain;
iv. “Fraudulent Practice” means any act or omission, including a misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;
v. “Obstructive Practice” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in a procurement process, or
affect the execution of a contract or deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation or making false statements before
investigators in order to materially impede an investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; or threatening, harassing or intimidating any
party to prevent it from disclosing its knowledge of matters relevant to the investigation
or from pursuing the investigation, or acts intended to materially impede the exercise
of inspection and audit rights provided for under the Rules.

w) “Drawings” means all drawings, calculations and technical information of a like nature provided by
the engineer to the contractor under the contract;

x) “Emergency” means natural calamities, disasters, accidents, war and breakdown of operational
equipment, plant, machinery or engineering infrastructures, which may give rise to abnormal
situation requiring prompt and immediate action to limit or avoid damage to person(s), property or
the environment;

y) “Engineer’s Representative” means a person appointed from time to time by the engineer.

z) “Engineer” means the person appointed by the PMIU to act as engineer for the purposes of the
contract.

aa) “Goods” means articles and object of every kind and description including raw materials, drugs and
medicines, products, equipment’s, machinery, spares and commodities in any form, including solid,
liquid and gaseous form, and includes services identical to installation, transport, maintenance and
similar obligations related to the supply of goods, if the value of these services does not exceed the
value of such goods;

bb) “Government” means the Government of Sindh;

cc) “Head of the Department” means the administrative head of the department or the organization;

dd) “Letter of Acceptance” means the formal acceptance by the PMIU of the bid/tender.

ee) “Lowest Evaluated Bid” means a bid for goods, works and services having the lowest evaluated
cost among the substantially responsive bids, as defined in clause (hh);

ff) “Lowest Submitted Price” means the lowest price quoted in a bid, which is otherwise not
substantially responsive;

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gg) “MIS-procurement” means public procurement in contravention of any provision of Sindh Public
Procurement Act, 2010, any rule, regulation, order or instruction made thereunder or any other law
in respect thereof, or relating to, public procurement;

hh) “Modified Administrative Approval (MAA)” means sanction granted when PC-I is modified due
to inadequate physical or financial provisions, before the start of work or incurring of any
expenditure, after issuance of administrative approval of scheme.

ii) “National Company or Firm” means any enterprise, firm or company set up or incorporated in
Pakistan;

jj) “Notice Inviting Tender” means the notice issued by a PMIU through publication in the
newspapers or through electronic means for the purpose of inviting bids, or applications for pre-
qualifications, or expression of interests, which may include Tender Notice, Invitation for Bids, Notice
for Pre-qualifications or Request for Expression of Interests;

kk) “Open Competitive Bidding” means a fair and transparent specified procedure defined under
these Rules, advertised in the prescribed manner, leading to the award of a contract whereby all
interested persons, firms, companies or organizations may bid for the contract and includes both
National and International Competitive Biddings;

ll) “Procurement Proceedings” means all procedures relating to public procurement, starting from
solicitation of bids up to award of contract;

mm) “Public Private Partnership” means a contractual arrangement between the public and private
sectors, built on the expertise and resources of each partner that best meets clearly defined public
needs through appropriate allocation of resources, risks and rewards;

nn) “Public Private Partnership Unit Sindh” or “Unit” means the entity established within the
Finance Department, Government of Sindh under the Public Private Partnership institutional
framework;

oo) “Public Procurement” means acquisition of goods, services or construction of any works financed
wholly or partly out of the public fund, including projects of Public Private Partnership, unless
excluded otherwise by Government;

pp) “Responsive Bid” means a bid that contains no material deviation from, or reservation to, the
terms, conditions and specifications given in the bidding document. In case bids are technically non-
responsive bids, financial bids are not opened and returned to the bidders.

qq) “Revised Administrative Approval (RAA)” means the sanction issued, when cost of the
scheme/project is not sufficient for completion of the scheme/project for reasons of physical
deviations/departures or on account of rates provided therein, during the currency of the work.

rr) “Revised Technical Sanction (RTS)” means the sanction issued, when the cost of execution of
work exceeds the cost of originally sanctioned estimate by more than 5%.

ss) “Services” includes physical maintenance, professional, intellectual, consultancy or advisory


services but does not include appointment of an individual to a post or office, advertisement,
arbitration, conciliation or mediation services, services of an advocate in a court case or any other
services specifically excluded under the rules;

tt) “Specification” means the specification of the works included in the contract, any modification
thereof or any addition made thereto.

uu) “SPP Rules” means Sindh Public Procurement Rules 2010.

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vv) “Subcontractor” means any person or firm named in the contract as subcontractor of a part of
works or any person to whom a part of the works has been subcontracted with the consent of the
engineer.

ww) “Substantially Responsive Bid” means the bid that contains no material differences or deviations
from, or reservations to, the terms, conditions and specifications given in the bidding documents;

xx) “Supplier” means a person, firm, company or an organization that undertakes to supply goods and
services related thereto, other than consulting services, required for the contract;

yy) “Value for Money” means best returns for each rupee spent in terms of quality, timeliness,
reliability, after sales service, up-grade ability, price, source, and the combination of whole-life cost
and quality to meet the PMIU’s requirements.

zz) “Works” means any construction work, including electrical and mechanical work, consisting of
erection, assembly, repair, renovation, or demolition of a building or structure or part thereof, such
as site preparation, excavation, installation of equipment or materials and decoration, finishing and
includes incidental services such as a drilling, mapping, satellite photography, seismic investigations
and similar activities, if the value of those services does not exceeds that of the works themselves;

The expressions used but not defined in these rules shall have the same meanings as are assigned
to them in the Act and, if not defined there, as in the ordinary usage of language.

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6. Procurement Policy and Principles
As a matter of policy all procurements in PMIU shall be regulated through the Procurement
Committee. As per Rule 4, while procuring goods, works or services, the PMIU shall ensure that
procurements are conducted in a fair and transparent manner and the object of procurement
brings value for money to the PMIU and the procurement process is efficient and economical.

This Procurement manual provides policies and principles for the procurement activities.

6.1. General Principles

A. Conflict with International and Inter-Governmental Agreements

As per Rule 5, In the event that these rules are inconsistent with, or in conflict with, any
obligation or commitment of Government arising out of an international treaty or an agreement
with a foreign country or countries, or any international financial institution, the provisions of
such international treaty or agreement shall override the provisions of these Rules to the extent
of that inconsistency or conflict as the case may be.

B. Language

As per Rule 6,

All communications and documentation related to procurements of PMIU shall be in English,


Urdu or Sindhi:

Provided that notice inviting tenders, notices for pre-qualifications and request for expressions
of interest shall be issued in aforementioned three languages.
In case of any dispute reference shall be made to the original documentation retained on record
and decision shall be made in accordance with such original documentation.

C. Confidentiality

As per rule 53,

The PMIU shall keep all information regarding the bid evaluation confidential until the time of
announcement of evaluation report in accordance with the requirements of Rule 45.

D. Bar on negotiations

As per rule 52, Save as otherwise provided there shall be no negotiations with the bidder
having submitted the lowest evaluated bid or with any other bidder.

E. Discriminatory and difficult conditions

As per rule 44, save as otherwise provided, the PMIU shall not introduce any condition(s) which
discriminates among bidders. In ascertaining the discriminatory nature of any condition
reference shall be made to the ordinary practices of that trade, manufacturing, construction
business or service to which that particular procurement is related.

F. Payments on account of contracts

As per rule 54, the PMIU shall make payments to suppliers, consultants and contractors against
their invoices or running bills within the time given in the conditions of the contract.

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6.2. Principles of hiring of consultants

A. Fair Selection of Consultancy Services

As per rule 61,

The selection shall be guided by the following considerations:

a) Best quality of services available;


b) Need for economy and efficiency;
c) Need to give all qualified consultants an equal opportunity to compete;
d) Encouragement of local consultants without any unfair competitive advantage;
e) Transparency in the selection process.

B. Bar on hiring in cases of Conflict of Interests

As per rule 62,

Without limitations on the generality of the foregoing, services of such consultants shall not be
hired if there is a conflict of interest, as defined in these rules.

C. Hiring of Government Officials and Academics

As per rule 63,

Government officials and civil servants may be hired as consultants only if:
a) They are on leave of absence without pay;
b) They are not being hired by the agency they were working for, six months prior to going
on leave; and
c) Their employment would not give rise to any conflict of interest.

D. Equal Access to Information

As per rule 64, the PMIU shall make available all information to all the bidders for consulting
services on an equal opportunity basis.

E. Rights and obligations of the PMIU and consultants

As per rule 65, Rights and obligations of the PMIU and the consultants, individuals or firms,
shall be governed by general and special conditions of contract signed between the PMIU and
the consultant.

F. Association or Consortium between Consultants

As per rule 77,

a) An association of consultants may take either the form of a consortium or a sub-


consultancy.
b) Under a consortium arrangement only one entity, either through the lead consultant or by
forming a legal juridical person, shall be responsible to the Government for execution of
the entire assignment.
c) Under sub-consultancy, the main consultant may engage another consultant for
performing part of an assignment, only if expressly provided in the contract agreement
and expressly agreed to by the PMIU. The main consultant shall, however, bear all
responsibility for quality of the output and in all other respects as provided in the main
contract.

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G. Intellectual Property Rights

As per rule 78 (1) and (2), all documents, reports, designs, research work and all deliverables
prepared by the consultant shall become and remain the property of the PMIU;

As per Rule No. 78 (2), any restrictions on the future use of these documents and software
by the consultant shall be specified in the conditions of the contract

H. Extent of Contract Negotiation

As per rule 79,


 The PMIU may negotiate with the highest ranked bidder regarding methodology, work
plan, staffing and special conditions of the contract.
 The PMIU shall not permit substitution of key staff, unless both parties agree that undue
delay in selection process makes such substitution unavoidable.
 Similarly, negotiations shall not seek changes in the rates quoted by the bidder. In case
of failure of negotiations, the PMIU may invite the second ranked bidder as per the
evaluation report.

I. Professional Liability of Consultants

As per rule 80,

 The consultant selected and awarded a contract shall be liable for consequence of
omissions or commissions on his or their part. The extent of liability of consultant shall
be incorporated in the contract, and in no case, shall be less than the remuneration,
excluding out of pocket expenses, nor shall the liability exceed twice the amount of
remunerations.
 The PMIU may demand insurance on part of the consultant to cover its liability as stated
above, and necessary costs shall be borne by the consultant.
 The consultant shall be liable for all losses or damages suffered by the PMIU on account
of any misconduct by the consultant in performing the consulting services.

7. Persons affected
Chief secretary Government of Sindh, Secretary School Education & Literacy Department
Government of Sindh, All person within PMIU and bidders of the PMIU.

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8. Responsibilities

S. No. Designation Responsibilities / Expectations

1 Program Director Ensure compliance to the procurement policy/procedures

2 Deputy Program a) Assist PD in preparation of Rolling/Annual Procurement


Director Plan
b) Review Implementation of the plan
c) Allocate adequate resources for procurements as per
plan
3 Program a) Abide by the guidelines set forth in this manual and
Managers complete the codal formalities in accordance with the
procedures set forth in the SPPRA Rules.
b) Assist PD / DPD in the formulation and implementation
of the Procurement Plan
4 Senior Manager a) Perform such functions under the supervision of the DPD
Procurement and in consultation with PM – SS
5 Procurement a) Be the custodian of this Manual
Section b) Maintain all record pertaining to the procurements

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9. Constitution of Procurement Committees
9.1. Committee for Works, Goods and Support Services

As per SPPR Rule 7, The PMIU shall, with approval of its Head of the Department, constitute
as many procuring committees, as it deems fit, each comprising odd number of persons and
headed by a Gazette officer not below the rank of BS-18, or if not available, the officer of the
highest grade, and shall ensure that at least one third of the members of a procurement
committee are from the agencies or departments other than the PMIU.

Notice of Procurement Committee is provided in Annexure – I.

Function and responsibilities of Procurement Committee

As per Rule 8, procurement committee(s) shall be responsible for;


a. Preparing bidding documents;
b. Carrying out technical as well as financial evaluation of the bids;
c. Preparing evaluation report as provided in Rule 45;
d. Making recommendations for the award of contract to the competent
Authority; and
e. Perform any other function ancillary and incidental to the above.

9.2. Focal Person

The process of procurement in the PMIU shall be dealt by the senior procurement specialist who
shall be ex-officio member of the committee and perform such functions under the supervision
of the DPD and in consultation with PM – SS.

9.3. Proceedings of Committee

A. Meetings
a. The committee shall meet as many times as may be required for the purpose of
preparation of bid documents including the letter of invitation (LOI), opening and
evaluation of bids;
b. Meetings of the PC may be convened by the chairman (DPD), at his own or on the request
of SMP whenever; there is need to initiate the process for procurement; or the review of
the APP is require;
c. The SMP, will be responsible for maintaining the record of proceedings before the
committee and record the minutes thereof for the approval of committee members.

B. Proceedings

i. The PC shall undertake the preparation of the bid documents and LOI and submit these
documents to DPD for approval for publication;
ii. The PC shall undertake the process of the opening and evaluation of bids is provided in
Section 11.2.5. of this Manual;
iii. On the finalization of the process of evaluation, the committee shall submit
recommendations for award of contract to the competent authority which is DPD in case
of PMIU;
iv. However, the recommendations of the procurement committee shall not be binding on the
DPD who shall accept the recommendations after his independent due diligence;
v. The proceedings of the PC for each procurement shall culminate at the award of the
contract;
vi. All proceedings should be recorded in a structured manner by the secretary of the meeting
format of minutes provided in Annexure – II.

17
Explanations: Since the SELD has already notified the Procurement Committee for PMIU
with DPD as its chairman, therefore the DPD continues to head the procurement
committee and approve the award of the contract as well.

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10. Procurement Planning
As per Rule 11(1), the PMIU shall devise a mechanism for planning in detail for all
proposed procurements, determining the requirements according to the approved PC-I and
within its allocated resources and prepare an Annual Plan for the financial year or a
Rolling Plan for the life of the program, detailing the procurement methods applicable for
specific procurements. Sample of procurement plan for Development Work and Non-
Development Work is provided in Annexure – IIIA and Annexure – III B.
10.1. Fundamentals of the Procurement Planning

a. Rolling Plan: Since the period of the program and its activities are predefined and
approved in the PC-I, therefore the PMIU will prepare rolling plan covering the period of
the program that will serve as a guideline, parameter and overall control for initiating
the procurement process of the program.

b. Identification of need: The Plan is based on the identification of the need of various
categories of procurement required for the PMIU and the program activities under the
provisions given in PC-I.

c. Identification of type of procurement: At this stage, the PMIU will identify the types
of procurement i.e. work, goods, or services based on the actual implementation
requirement of the program.

i. Works
 Works contracts for construction of schools and educational facilities including
provision of electrification, clean drinking water and sanitation facilities.
 Works contracts for construction, reconstruction and consolidation of surveyed
and shortlisted schools damaged by 2010 floods.
 Contract for emergency works.

ii. Goods
 Furniture & fixtures, equipment and books.
 Computers, printers, scanners, photocopy machines, fax machines, digital
cameras, generators, security devices etc.
 Communication equipment, internet connectivity equipment.
 Software including software for Program management and engineering design.

iii. Services
a) Consulting
 Long term and short term consulting services from individual consultants or
consulting firms.

b) Other Services
 Internet
 Security
 Transport
 Design, supervision, inspection, etc.
 Others

c) Grouping and Packing: While grouping the items into individual contract packages
following principles shall be taken into account;
i. Homogeneity:
 compatibility of the items,
 time of requirement/ need,
 suppliers' capabilities and wider competition

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ii. All planned procurements for each financial year shall proceed as already grouped,
allocated and scheduled in the Procurement Plan without any splitting or regrouping
under the Rule 12(1).
d. Method of Procurement: As far as possible the method of procurement is given in the
plan for each category.
e. Review and update: The rolling plan is regularly and periodically reviewed by PMIU
under Rule-11(2).
f. Publication on website: The plan will be posted in advance on the Authority’s website
as well as on websites of the PMIU and the SELD under the Rule 12(2)

10.2. Planning Activities

The process for planning of procurement starts in May and is finalized by July each year after
the receipt of final allocation figures for the budget year from the SELD as follows:

a. The demand for procurement is primarily based on the nature of procurement of goods
/ services / works approved in PC-1;
b. Demand is prepared by each managers for his office and submitted on prescribed
format;
c. The program manager prepares the demand of whole section and submits it to the
procurement office for consideration;
d. The Manager Finance prepares financial plan in view the projected availability of funds;
e. Procurement office reviews the procurement plan in the light fresh demand and prepares
draft procurement plan for the next financial year;
f. The PD reviews and provides guidance on the draft procurement plan;
g. After receiving the final allocation for the year from the SELD, the procurement office
finalizes the procurement plan for the next budget year;
h. The PD approves the procurement plan, and directs for the project managers for
implementation; and
i. Senior Manager Procurement to make copies of the annual procurement plan available
to each section of PMIU and the regional office for initiating the procurement.

S. No. Activity Timeline

1 AMs submit procurement demand to the 1st Week of May


PM
2 PM finalizes the procurement demand of 15th May
section & submits to procurement office
3 Verification by Manager Finance for funds
allocation in the Annual Budget (Financial
Plan)
3 The procurement office meeting and 25th May
finalization of draft procurement plan
4 PD reviews the draft procurement plan 1st Week June
5 Receipt of budget allocation from SELD 2nd week of July
for the financial year
6 Procurement office finalizes procurement Before 20th of July
plan
7 PD approves the procurement plan 4th week of July

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Flowchart 1

PROCUREMENT PLAN

Demand is prepared by
each managers

The program manager


prepares the demand of
whole section

Procurement office reviews


the procurement plan

PD reviews and provides


guidance

Procurement office finalizes


the plan

PD approves the
procurement plan

Plan hoisted to the SPPRA &


SBEP Website

10.3. Review and Update

As per regulation 2.9 (3):

 The procurement plan prepared shall be reviewed and updated throughout the life
(completion period) of the project/scheme.
 Annual financial plan needs to be updated on a regular basis throughout the year.

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 Changes to an annual financial plan may be required due to:
a) Shortage of funds,
b) Availability of supplementary funds,
c) Late release of funds,
d) Delays in obtaining necessary approvals and
e) Failure of contractors to supply/execute as contracted, necessitating rebidding.

 Procurement plans should be reviewed on a quarterly basis and adjustments made, if


required.
 The PMIU shall take into account the following while reviewing and updating the plan:
a) estimates of time requirements,
 availability of funds,
 assumptions about institutional capacity,
b) Changing priorities; and
c) Other factors that require plan adjustments for the success of the project.
 Such required adjustments will not invalidate the plan if made for improving
the plan in the interests of the successful and timely completion of the project.

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11. Procurement Procedures
PMIU shall select the method of procurement according to the amount of procurement involve:

Sr. No. Amount of Method of Procurement Procedure in the Manual


Procurement
1 Below Rs. 25,000 Petty Cash 10.1 (VI)
2 More than 25,000 and less Quotations 10.1 (III)
than Rs. 100,000
3 More than Rs. 100,000 Bidding
4 Equivalent to or below US $ National Competitive
10 million Bidding (Default Method)
5 Equivalent to or below US $ International Competitive Bidding if following conditions
10 million are fulfilled:
1. If the PMIU is convinced that technological
sophistication, technical expertise, or
professional capability of the satisfactory level is
not available in the country, and the best value
for money cannot be obtained, if competition is
restricted to the domestic companies, firms, or
parties.
2. Prior approval of the Secretary School Education
& Literacy Department is obtained.
6 Equivalent to or above US $ International Competitive
10 million bidding (Default Method)
7 Equivalent to or above US $ National Competitive Bidding if following conditions are
10 million fulfilled:
1. If the PMIU is convinced that it is the most
economical and timely way of procuring goods,
works, or services which, by their nature, or
scope are unlikely to attract foreign competition,
2. Prior approval of Secretary SELD is obtained and
shall record the reasons and justifications for his
decision.

Initiation of Procurement Process:


a. User section will raise the requisition on indent / requisition form, submit to the head of
the section and who will approve the indent / requisition. Sample of Indent / requisition
form is provided in Annexure – IV.
b. User department shall submit the indent / requisition form to the procurement
section of the PMIU.
c. Procurement Section shall follow the method given in the procurement plan after
seeking budgetary approval from the finance section. The procedure to be followed
for each method of procurement is given in the section 11.1 of this manual.

11.1. Methods of Procurement

According to the approved PC-I the PMIU is required to procure goods and services for the
efficient, management and working of the PMIU while it has to initiate process for procurement
of works and goods for the construction of schools according to objectives of the program. For
this purpose the PMIU may use following methods as given in the plan:

A. Open Competitive Bidding


a. International Competitive Bidding

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b. National Competitive Bidding
c. Type of Envelop
i. Single Stage
a. One Envelop Procedure
b. Two Envelop Procedure
ii. Two Stage
iii. Two Stage – Two Envelop Bidding Procedure

B. Procurement through Pre-Qualified Bidders


C. Request for Quotations
D. Direct Contracting
E. Force Account
F. Petty Purchases
G. Repeat Orders

A. Opening Competitive Bidding

Open bidding process is the principal method of procurement used by the PMIU. There are two
type of open bidding:

a. International Competitive Bidding [Rule 15(2)]

i. International Competitive Bidding is open to all interested and eligible parties, firms or
individuals, whether national or international;
ii. The PMIU will opt for International Competitive Bidding as the default method of procurement
for all procurements with an estimated cost equivalent to US $ 10 million or above;
iii. The PMIU may opt for International Competitive Bidding for procurements below the estimated
cost equivalent to US $ 10 million if it is convinced that technological sophistication, technical
expertise or professional capability of the satisfactory level is not available within the country
and the best value for money cannot be obtained, if competition is restricted to the domestic
companies, firms or parties;
iv. In case the PMIU plans for procurement of less than US$ 10 million through international
bidding, it may do so with prior approval of the Secretary of the SELD as Head of Department.

b. National Competitive Bidding

i. National Competitive Bidding shall be the procedure wherein bidding is open only to interested
national firms, companies or parties and international firms, companies or parties are not invited
for the bidding.
ii. National Competitive Bidding shall be the principal method of procurement with an estimated
cost below US $ 10 million or equivalent in local currency.
iii. The PMIU may opt for National Competitive Bidding for procurements with an estimated cost
equivalent to US $ 10 million or above, where the PMIU is convinced that it is the most
economical and timely way of procuring goods, works or services which, by their nature or scope
are unlikely to attract foreign competition; Provided that the Head of the Department of the
PMIU, while making decision to opt for the National Competitive Bidding shall record reasons
and justifications for his decision.

c. Type of envelop (Rule 47)

i. Single Stage One Envelope Bidding Procedure shall be used as the standard
bidding procedure for procurement of goods, works and services of simple and
routine nature and where no technical complexity or innovation is involved;
ii. Single Stage Two Envelope Bidding Procedure shall be used where the bids
are to be evaluated on technical and financial grounds and price is taken into
account after technical evaluation;

24
iii. Two Stage Bidding Procedure shall be adopted in large and complex contracts where
technically unequal proposals are likely to be encountered or where the PMIU is aware
of its options in the market but, for a given set of performance requirements, there are
two or more equally acceptable technical solutions available to the PMIU; and
iv. Two Stage Two Envelope Bidding Procedure shall be used for procurement where
alternate technical proposals are possible, such as certain type of machinery or
equipment or manufacturing plant.

B. Procurement through prequalified Bidders

As per rule 27

The PMIU, may opt for procurement through pre-qualified bidders only in the following cases
and subject to the provision that such procurement will remain restricted for that specific
package of procurement mentioned in the plan:
a. In case of contracts for large and complex works and services related to, in which there
are high costs of preparing detailed bids;
b. In the contracts to be let under turnkey, design and build, or management contract;
c. In case of expensive and technically complex equipment and works with a view to
ensuring that invitations to bid are extended only to those who have adequate
capabilities, competence and resources.

The detailed process for prequalification to be undertaken by the PMIU is Section 11.4. of this
manual.

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C. Request for Quotations

a. Reasons: The PMIU shall engage in this method of procurement only if the following
conditions exist;
i. The cost of object of procurement is below the prescribed limit of one hundred thousand rupees
and above the financial limit prescribed for petty purchase, as provided in clause (d);
ii. The object of procurement has standard specifications;
iii. The object of the procurement is purchased from the supplier offering the lowest price;
iv. Requests for quotations shall indicate the description and quantity of the goods or specifications
of works, as well as desired delivery, or completion time and place. Quotations may be submitted
by letter, facsimile or by electronic means;
v. The evaluation of quotations shall follow the same principles as applicable to open competitive
bidding;

b. Procedure to be followed:
a. Procurement officer will issue a “Request for Quotation” to the vendors / suppliers /
contractors in the open market; Sample format for “Request for Quotation” is provided in
Annexure – V,
b. The request for quotation shall include the specification, quantity, and volume of the item
is required to be procured;
c. After receiving at least three quotations from the market, the procurement officer shall
prepare a comparative statement with cost to be incurred and submitted to the Senior
Procurement Specialist for seeking approval before procurement; Sample for Comparative
Statement is provided in Annexure – VI.
d. The senior procurement specialist shall submit the request for procurement with
comparative and with budgetary provision to the PD being the principal accounting officer
of the PMIU;
e. After the approval, the procurement officer will issue “Purchase Order” to the lowest vendor
/ supplier / contractor for supply of the item. Sample format for “Purchase Order” is
provided in Annexure – VII.

c. Receiving of the goods


a. The Admin section shall receive the goods procured through quotations, and place them in
safe custody / space designated for receiving of goods; Sample format for Goods Receiving
Note is provided in Annexure – VIII A.
b. The supplier shall bring two copies of the Goods Delivery Note / Supply Order;
c. The admin section shall also provide the acknowledgement on the Goods Delivery note,
after verifying that nature of goods matches with Goods Delivery Note; and
d. inform the procurement section accordingly

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Flowchart 2

d. Inspection of goods received


The DPD shall notify an internal goods inspection team, headed by PM – SS and consisting of
Admin Manager and Manger of the concerned section; to perform the inspection of received
goods in the manner:

a. Verify the goods supplied are according to the specifications, volume and quantity
mentioned in the “Purchase Order”;
b. Ensure the quality of the supplied goods;
c. Prepare “Quality Inspection Report” provided in Annexure – VIII B;
d. If items / goods found appropriate, the goods shall be entered into the inventory register
by the admin section; and issue to the requisition section. Sample of Inventory Register
is provided in Annexure – IX.
e. In case the inspection team observe any short coming in the supplied goods, team shall
inform the procurement section through the “Quality Inspection Report’ for corrective
action.

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D. Direct Contracting

a. Conditions for Direct Contracting

As per rule 16 (b), this method means procurement from a single source without competition
and shall only be applicable under any of the following conditions

i. Standardization (specification) of equipment or spare parts, to be compatible with the existing


equipment (in use by the PMIU);

Provided that the competent authority certifies in writing the compatibility of the equipment
spare part(s) to be procured;

ii. The required item(s) is of proprietary nature and obtainable only from one source; Provided that
the Head of the Department certifies in writing the proprietary nature of the item(s) to be
procured;

iii. The contractor responsible for a process design requires the purchase of critical items from a
particular supplier as a condition of a performance guarantee;

iv. Where civil works are to be contracted and are a natural extension of an earlier or ongoing job
and it can be ascertained that the engagement of the same contractor will be more economical
and will ensure compatibility of results in terms of quality of work subject to clause (e) below;

v. Where a change of supplier would oblige the PMIU to acquire material having different technical
specifications or characteristics and would result in incompatibility or disproportionate technical
difficulties in operation and maintenance;
Provided that the competent authority certifies in writing the compatibility of the materials to
be procured;

vi. When the price of goods and works and service related thereto, is fixed by Government or any
other authority, agency or body duly authorized by the Government, on its behalf;

vii. For purchase of locally manufactured motor vehicle from local manufacturers or their authorized
agents at manufacturer’s price;

viii. In cases of emergency;

Provided that the Head of the Department or any other officer not below BS-20 to whom such
powers have been delegated by the Head of the Department, declares that a situation of
emergency has arisen and reasons for making such a declaration shall be recorded in writing.
b. Procedure for Direct Contracting

a. On receipt of requisition, the procurement officer will issue a “Request for Quotation” to
the vendor/supplier/contractor;
b. The request for quotation shall include the specification, quantity, and volume of the item
is required to be procured;
c. After receiving quotation from the vendor/supplier/contractor, the procurement officer
shall prepare a statement with cost to be incurred and submitted to the Senior
Procurement Specialist for seeking approval before procurement;
d. The senior procurement specialist shall submit the request for procurement with budgetary
provision to the PD being the principal accounting officer of the PMIU;
e. After the approval, the procurement officer will issue “Purchase Order” to the
vendor/supplier/contractor for supply of the item;

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c. Receiving of the goods
 The Admin section shall receive the goods procured, and place them in safe
custody/space designated for receiving of goods;
 The supplier shall bring two copies of the Goods Delivery Note/Supply Order;
 The admin section shall also provide the acknowledgement on the Goods Delivery note,
after verifying that nature of goods matches with Goods Delivery Note; and
 Inform the procurement section accordingly.

d. Inspection of goods received


The DPD shall notify an internal goods inspection team, headed by PM–SS and consisting of
Admin Manager and Manger of the concerned section; to perform the inspection of received
goods in the manner:
 Verify the goods supplied are according to the specifications, volume and quantity
mentioned in the “Purchase Order”;
 Ensure the quality of the supplied goods;
 Prepare “Quality Inspection Report”;
 If items/goods found appropriate, the goods shall be entered into the inventory register
by the admin section; and issue to the requisition section.

In case the inspection team observe any short coming in the supplied goods, team shall inform
the procurement section through the “Quality Inspection Report” for corrective action.

29
Flowchart 3

30
E. Force Account

Construction by the use of the PMIU’s own personnel and equipment and shall only be used
for the works under the following conditions;
i. Quantities of work to be done cannot be defined in advance; works are small and
scattered or in remote locations for which qualified construction firm(s) is unlikely to
bid at reasonable prices;
ii. Works are required to be carried out without disrupting ongoing operations;
iii. In case of emergencies;

Provided that the competent authority declares that a situation of emergency has arisen
and reasons for making such a declaration shall be recorded in writing.

Procedure:

In normal circumstance such procurement may not be planned in advance and made part
of the procurement plan of the PMIU, however, if such a situation arises where the
construction management or any other section considers to adopt this method of
procurement for completing some work of the nature on receiving the indent from
requisitioning department the SMP shall prepare working paper for getting approval from
PD and proceed with the process in consultation with requisitioning section.

F. Petty Purchases

The PMIU may provide for petty purchases, where the object of the procurement is below
the financial limit of twenty five thousand rupees. Such procurement shall be exempt
from the requirements of bidding or quotation of prices;

Provided that the PMIU shall ensure that the procurement of petty purchases is in
conformity with the principles of procurement prescribed in Section 4 of this manual.

Procedure

1. After receiving of requisition from the concerned section, where the estimated amount,
is less than Rs. 25,000 the person authorized to deal with Petty Cash in the PMIU, shall
procure the item according to the requisition specification and nature of the item.
2. Obtain proper invoice from the supplier after making payments and get the approval from
the PD.

G. Repeat Orders

As per rule 16(e), Procurement of additional quantities of the item(s) from the original
contractor or supplier, where, after the items originally envisaged for the project or scheme
have been procured through open competitive bidding, and such additional quantities of
the same item(s) of goods or works are needed to meet the requirements of the project or
scheme;

Provided that;

i. The cost of additional quantities of item(s) shall not exceed 15% of the original
contract amount; and
ii. The original supplier and contractor are willing to supply goods or carry out additional
work on the same prices as agreed in the original contract.

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iii. In case of goods, it shall be permissible only within the same financial year, and in
case of works, during the currency of the project(s) or scheme(s).

a) Procedure in case of goods

i. The requisitioning section shall work out the exact number, volume or quantity of the
additional goods of the same nature and specifications which are already under
procurement or have been procured within the same financial year and place the
demand with the procurement section;
ii. The SMP, shall verify the nature and specification of the items, earlier procured during
the financial year before initiating the process for the procurement through the repeat
order;
iii. The SMP, shall obtain budgetary provision from the finance section for the requisition
goods. There shall be no further process in case there is no provision in the annual
budget for the additional requisition;
iv. The SMP, shall request the vendor for the quotation and the period for supply of the
requisition goods;
v. The SMP shall not proceed further for procurement through the method of “Repeat
Order” in case the vendor fails to satisfy both the condition i.e. the cost of additional
goods will not exceed 15% of the original cost (per unit) and the supply of the same
within that financial year;
vi. In case of failure of the vendor with both the conditions of the repeat order the SMP
shall inform the concerned section accordingly;
vii. The SMP shall proceed for procurement of additional goods if the price of such goods
is within 15% of the original contract amount and the vendor is willing and able to
supply the goods within the same financial year;
viii. The SMP shall request DPD for convening the meeting of procurement committee and
place the case before the committee for consideration and approval;
ix. On approval from committee, the SMP shall issue “Purchase Order” to same vendor
specifying the price (per unit) quoted and approved and delivery date.

b) Procedure in case of works

i. The Program Manager (Construction Management) shall works out the nature of the
work to be carried out in continuation of the works which are already in process and
place the demand with the procurement section;
ii. The SMP, shall verify the nature of the works, currency of the scheme before initiating
the process for the procurement through the repeat order;
iii. The SMP, shall obtain budgetary provision from the finance section for the additional
works. There shall be no further process in case there is no provision in the annual
budget for the additional requisition;
iv. The SMP, shall request the vendor/contractor for quoting the cost of the additional
work and tentative time of completion;
v. The SMP shall not proceed further for procurement through the method of “Repeat
Order” in case the vendor fails to satisfy both the condition i.e. the cost of additional
work will not exceed 15% of the original cost of the scheme under construction;
vi. In case of failure of the vendor with both the conditions of the repeat order the SMP
shall inform the concerned section accordingly;
vii. The SMP shall proceed for procurement of additional work if the cost of such additional
work is within 15% of the original contract amount and the vendor is willing and able
to complete such additional work as continuation of the contract of the same scheme ;
viii. The SMP shall request DPD for convening the meeting of procurement committee and
place the case before the committee for consideration and approval;
ix. On approval from committee, the SMP shall issue “Work Order” to the same
vendor/contractor specifying the additional cost quoted, and approved.

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Flowchart 4

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11.2. Procurement of works through bidding

At the beginning of the financial year, the program manager of the section requiring to
procure works, that would need to initiate competitive bidding process, national or
international, shall move request with details as per approved APP; works nature and
design of work along with estimated cost to the PD/DPD seeking his consent, for initiating
the procurement process.

After the approval of PD / DPD, the program manager shall refer the matter to the SMP for
initiating the process.

SMP shall initiate the procurement process as under:


1. Preparation of Bidding Documents.
2. Advertisement and Publication.
3. Receiving and Recording of Bids.
4. Cancellation of bidding process.
5. Bids evaluation.
a. Opening of bids.
b. Evaluation of bids.
c. Preparation of Comparative statement.
d. Announce of bid evaluation report.
6. Acceptance, approval and award of contract.

A. Preparation of Bidding Documents


On receiving the approval, the SMP shall initiate the process for the preparation of bidding
documents including the letter of invitation for bid in the manner prescribed below during
the process he shall review the following:
i. Estimation of necessary equipment, plants, and other resources in
consideration with specified completion time and nature of work to be done
jointly with respective sectional head;
ii. Specification and drawings are also to be checked for consistency with the
related procurement, any ambiguity or incomplete information should be
clarified with the design section/program manager construction management.
iii. Once the bid documents including NITs are prepared shall be presented to PM
- SS for obtaining approval of PD through DPD to convene the meeting of the
procurement committee for preparation and approval of bid documents.

After the approval from PC, PM – SS will send complete bidding documents to SPPRA
for hoisting on their website and shall also ensure these are available on their website
for convenience of bidders and for efficient procurement process.

As per rule 21, following information has to be contained in bid documents

1. Letter of Invitation for bid, sample of letter of invitation is provided in Annexure –


X.
2. Data sheet containing information about the assignment. Sample of Data Sheet is
provided in Annexure – XI.
3. Instructions for preparing bids.
4. Amount and manner of payment of bid security and performance guarantee
(where applicable). Explanation – 1.
5. Manner and place, date and time for submission of bidding documents.
6. Manner, place, date and time of opening of bids.
7. Method of procurement used.
8. A detailed and unambiguous evaluation criteria. Explanation – 2.

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9. Terms and conditions of the contract agreement.
10. Terms of Reference and technical specifications of goods, works or services to
be procured.
11. Manner in which tender price is to be assessed and computed, including
information about tax liability.
12. Currency in which tender price is to be formulated and expressed.
13. Bid validity period. Explanation – 3.
14. A copy of integrity pact to be signed by the parties (where applicable). Sample of
Integrity pact is provided in Annexure – XII.
15. Any other information which is specified in regulations as may be issued by
the SPPRA from time to time.

Fee of bidding document: Rule 20(2): the PMIU will charge a fee for bidding
documents, which shall not exceed the cost of preparation and printing.

Explanations:

11.2.1. Amount and manner of payment of bid security and performance guarantee (where
applicable);

As per Rule 37, Bid Security,

The PMIU shall require the bidders to furnish a bid security not below one percent and not
exceeding five percent of the bid price, which shall remain valid for a period of 28 days
beyond the validity period for bids, in order to provide the PMIU reasonable time to act, if the
security is to be called;

Bid security shall be released to the unsuccessful bidders once the contract has been signed
with the successful bidder or the validity period has expired.

As per rule 39, Performance Security

The PMIU shall, in all procurement of goods, works and services, carried out through open
competitive bidding, require security in the form of pay order or demand draft or bank
guarantee, an amount sufficient to protect itself in case of breach of contract by the contractor
or supplier or consultant, provided that the amount shall not be more than 10% of contract
price;

The security shall be provided in an appropriate form and amount, as provided in the bidding
documents;

Validity of performance security shall extend at least ninety days beyond the date of completion
of contract to cover defects liability period or maintenance period subject to final acceptance
by the PMIU.

As per regulation 7.12.2.

The PMIU shall in all procurement of works, carried out through open competitive bidding,
require security in an amount sufficient to protect the PMIU in case of breach of contract by
the contractor, provided that the amount shall not be more than 10% of the contract price.

Normally in contracts of works, 5% of total bid cost is obtained as performance security and
remaining part is deducted from running bills as security deposit and same must be mentioned
in the Data Sheet of Bidding Document.

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The successful bidder shall furnish to the PMIU a performance security in the form and the
amount stipulated in the conditions of contract with a period of 14 days after the receipt of
letter of acceptance:

i. Amount of performance security should be mentioned in the bidding document and also
stated in the letter of acceptance. The amount of the security may vary, depending on
the nature and magnitude of works, but in any case shall not exceed 10% of total bid
cost stated in the letter of acceptance;
ii. Performance security shall be provided in an appropriate form; and must be obtained
either in the form of Bank Guarantee from the schedule bank or as prescribed in
regulations issued by the Authority;
iii. Time Limit: Contractor should provide performance security within time mentioned in
the letter of acceptance; (Normally within 14 days after the receipt of the letter of
acceptance).
iv. Period of Validity: The period shall extend sufficiently beyond the date of completion of
the works to cover the defects liability or maintenance period up to the final acceptance
by the procuring agency. It depends on the nature and magnitude of the contract;
however it should not be less than 90 days, and shall be clearly stated in the bidding
document.
v. Release of Performance Security: After expiry of defect liability period and final
acceptance by the PMIU; the same is released to the contractor. However it shall be
reflected in terms and conditions of the contract.

Procedure

i. After the approval of the bid, the Manager Construction Management shall issue the
Letter of Acceptance to the contractor including draft contract and with request to
submit the Performance Guarantee as stipulated in bidding documents along with
signed copy of the contract. When requesting the contractor for submission of
Performance Guarantee, he shall include the following details:
a. Amount of performance guarantee required in numbers and figure;
b. Mode of performance Guarantee;
c. Deadline for submission of performance guarantee; and
d. Package and contract details;
ii. When signed contract and performance guarantee is received, he shall check whether
the performance guarantee received is complete in all regards;
iii. Manager Construction shall handover the performance guarantee to Manager FAA for
keeping in the safe custody and it shall be properly documents.

11.2.2. A detailed and unambiguous evaluation criteria

As per Rule 21-A, Evaluation Criteria

The PMIU shall formulate an appropriate evaluation criterion, listing all the relevant information
against which a bid is to be evaluated and criteria of such evaluation shall form an integral part
of the bidding documents. The failure to provide a clear and unambiguous evaluation criteria
in the bidding documents shall amount to MIS-procurement.

11.2.3. Bid Validity period

As per Rule 38,

i. The PMIU, keeping in view nature of procurement, shall subject the bid to a validity
period, which shall be specified in the bidding document and shall not be more than 90
days in case of National Competitive Bidding and 120 days in case of International
Competitive Bidding;

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Extension of bid validity may be allowed subject to approval by the competent authority
of the PMIU, and with reasons to be recorded in writing;
Provided that if validity period has to be extended due to some slackness on the part of
PMIU, the competent authority shall fix responsibility and take appropriate disciplinary
action;
ii. After obtaining such approval, the PMIU, shall request in writing all bidders to extend the
bid validity period. Such a request shall be made before the date of expiry of the original
bid validity period;
iii. Such an extension shall not be for more than one third of the original period of bid
validity;
iv. In case the PMIU fails to finalize the bid evaluation within the extended time, the bids
shall stand cancelled and a fresh bidding process shall be initiated;
v. Whenever an extension of bid validity period is requested, a bidder shall have the right
to refuse to grant such an extension and withdraw his bid and bid security shall be
returned forthwith;
vi. Bidders who;
a. Agree to extension of the bid validity period shall also extend validity of the bid
security for the agreed extended period of the bid validity;
b. Agree to the PMIU’s request for extension of bid validity period shall neither be
requested nor permitted to change the price or other conditions of their bids.

B. Advertisement and Publication of NIT

Notice Inviting Tender

As per Rule 17 (3), the PMIU may invite the bids through a letter of invitation for
bids, such letter shall contain the following:
a. Name, postal address, telephone number(s), fax number, e-mail address (if available) of
the PMIU;
b. Purpose and scope of the project;
c. Schedule of availability of bidding documents, submission and opening of bids, mentioning
place from where bidding documents would be issued, submitted and would be opened;
d. Amount and manner of payment of tender fee and bid security;
e. Any other information that the PMIU may deem appropriate to disseminate at this stage.

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i. Advertisement

As per Rule 20, the SMP in the PMIU will publish the NIT in the newspapers(s), website of
PMIU and the Authority (for which it shall pay a fee as may be determined by the Authority)
in the manner provided in the following table:

International
S. Amount of Authority's English
Newspapers Rule
No. procurement website newspaper or
known website
Greater than 17(1)
100,000 but less than   
1 1,000,000
Greater than 3 National 17(1)
 
2 1,000,000 newspapers
International  2 English 
3 Competitive Bidding Newspapers

a. In case of procurement of greater than Rs. 100,000 and less than Rs. 1 million, the
publication of NIT in newspaper is not mandatory, however the PMIU shall be publish the
website of the authority and its own.
b. In case of procurement of greater than Rs. 1 million, the publication of NIT is required in
three national newspapers of English, Sindhi and Urdu languages. The procedure of
publication shall be in conformity with the directions issued from the Information
department, GoS.
c. In case of international competitive bidding, the publication of NIT is required in 2 English
language newspapers and one international English newspaper or an internationally known
website relevant to the procurement.
d. As per Rule 17 (4) and (5), the PMIU will also post all advertisements concerning
procurement on its own website but it shall ensure that all information posted on the
website contains all the information mentioned in NIT.

ii. Response Time

Response time is the period allowed to the bidders for the submission of their bids. This
time starts from the date of the publication of the NIT in the newspapers and on the
website:

As per Rule 18,

While deciding the response time for the submission of bids, the PMIU will give due
consideration to the scope, magnitude and nature of procurement:

S. No. Situation Calendar days


from the date of
publication
1. National Competitive Bidding 15
2. International Competitive Bidding 45

As per regulation 4.8:

a. The PMIU shall ensure that bidding documents are available to the interested
bidders from the first day of publication of Notice Inviting Tender in the newspaper
or hoisting on the website, as the case may be;

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b. Response period is determined/calculated from the date of first publication in
newspaper or hoisting on the authority‘s website as the case may be (keeping in
view the cost of bid) up to last date of issuing documents. Response period is same.
c. In case of large works or complex items, sufficient period be allowed which is
generally between 60-120 days to enable the interested bidders to conduct
investigations before submitting their bids, and, in such cases, the PMIU could
convene pre-bid conferences and arrange site visits also.

iii. Amendments in bid after the publication of the NIT

As per Rule 21(2),

In case the PMIU considers that any information, that has become necessary for bidding
or for bid evaluation, after the invitation to bid or issue of the bidding documents to the
interested bidders, the PMIU shall provide that information to the bidders in a timely
manner and on equal opportunity basis by way of modification in the bid invitation.

Such change, addition, modification or deletion shall be made in a manner similar to the
original advertisement/publication.

Procedure

i. SMP with the approval of PD shall publish such information in the manner in which
the original NIT was published. Such information may include information regarding
change in the time and place of submission of bids.
ii. In case of any change, addition or modification or deletion in the eligibility or
evaluation of criteria in the bidding document, the SMP will prepare the working
paper and place it such proposal before the PC for consideration and approval.
iii. After approval from the PC, the SMP shall communicate such change, modification,
deletion in the bidding document for the information of the bidders in the same
manner in which original NIT was published.
iv. However, where the bidders have already been shortlisted after due process only
the shortlisted bidders may be informed through courier service, registered post,
email or the bidder conference.

iv. Extension of Time Period for Submission of Bids

As per Rule 22,

The PMIU may extend the deadline for submission of bids only, if one or all of the following
conditions exist:
 Fewer than three bids have been submitted and procurement committee is of the
unanimous view that wider competition can be ensured by extending the deadline for
the submission of the bids. In such case, the bids submitted shall be returned to the
Bidders un-opened;
 If the PMIU is convinced that such extraordinary circumstances have arisen owing to
law and order situation or a natural calamity that the deadline should be extended.

As per regulation 4.10,

Advertisement of such extension in time shall be done in a manner similar to the original
advertisement, in which case all rights and obligations of the PMIU previously subject to
the original dead line will thereafter be subject to the dead line extended.

In case, corrigendum or addendum is issued, following points be taken into consideration:-

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a. Notice of corrigendum or addendum is issued prior to expiry date of submission of
bids or at least published within 3 days of expiry date/opening date and hoisting
on the same date;
b. Notice is to be advertised in a manner similar to the original advertisement.
Affixing of corrigendum on notice board of office of the PMIU cannot a substitute
to the requirement of publication in newspaper or hoisting on SPPRA website as
the case may be;
c. In case of material deviation or addendum, it is necessary to provide a minimum
response period of fifteen days which will be counted from the date of
publication/hoisting of such corrigendum or addendum;
d. In case addendum which envisages additional items to be tendered, then it is
essential to enhance the response period by fifteen days to be counted from date
of publication or hoisting on SPPRA website addendum at least for new items.

Procedure

i. SMP, shall inform the PD if any of the following condition has been arisen and will
discuss the need for time extension in the submission of bids.
ii. PD shall decide the time for convening the meeting for extension of time period for
submission of bids,

v. Clarification of bidding documents

As per Rule 23 (1),

An interested bidder, who has obtained bidding documents, may request for clarification of
contents of the bidding document in writing, and PMIU shall respond to such queries in
writing within three calendar days, provided they are received at least five calendar days
prior to the date of opening of bid.

Example:

S. No. Date of Opening of Bids Last Date for Query

1. 10 May 20XX 5 May 20XX

S. No. Date of Query Latest Date of Response by


PMIU
1. 1 May 20XX 4 May 20XX

For the purpose of transparency and equal opportunity, any clarification by the PMIU in
response to a query by any bidder shall be communicated to all parties who have obtained
bidding documents.

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vi. Reissuance of Tender Notice in case of modification of bidding

As per Rule 23 (2),


PMIU shall re-issue the Notice Inviting Tenders, in accordance with above rules, if it is
convinced that there is a material infirmity or ambiguity in the bidding documents, which
would require major modification in the contents of bidding documents.
Procedure
In such situation, where the bidding document requires, major change or clarification, the
SMP will prepare the working paper and place the proposal before the PC seeking approval
for reissuance of the bid. After approval from the PC, the SMP shall proceed in the same
manner in which original NIT was published.
As per regulation 7.4 Re-issuance of Tenders:
The PMIU may re-issue tenders in case, the bidding process has been cancelled as provided
in Rule 25, or one of the conditions exists:

i. Such an infirmity in the bidding documents has surfaced that the procuring
committee recommends to the competent authority that bids have to be invited
afresh;
ii. The case has been declared as one of MIS-procurement, in pursuance of Rule 56;
Provided while re-issuing tenders, the PMIU may change the specifications and other
contents of bidding documents, as deemed appropriate.
vii. Pre bid meeting for clarification and modification of bidding documents

 PC will organize pre bid meeting(s) of the potential bidders, where interested bidders
are invited to voice their concerns & queries to be answered by PMIU management
and the consultants. This may also help the potential bidders gain a better
understanding of the work expected. All important and major aspects will be shown to
or discussed with the interested bidders. This may also help PMIU in better evaluation
and contact administration.
 SMP will prepare minutes of the meetings, questions raised and clarifications provided
to the potential bidders.
Such pre bid meetings shall be held at least 10 clear days before the date of submission
of bids, so that the bidders get enough time to decide for submission of bids.
C. Receiving and Submission of bids
As per Rule 24:
a. The bids shall be submitted at the place on the date and time and in the manner
mentioned by the PMIU, in the tender notice and bidding documents;
b. Any bid submitted late due to any reason whatsoever, shall not be considered by the
procurement committee;
c. Bidders shall be permitted to submit the bids by registered mail, courier service or in
person before the given date and time;
d. Date for opening of bids/proposals and the last date for the submission of bids shall be
the same, as given in the bidding documents and in the Notice Inviting
Tender/Expression of Interest;
e. In case, the two dates are different, the date and time, given in the bidding
documents shall apply.

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As per regulation 7.8, Clarification of bids:
If warranted, occasionally, the PMIU, may request clarifications bidders concerning
ambiguities or inconsistencies in the bid, but it shall invariably be in writing and the
response to such request shall also be in writing.

No change in the price or scope of the originally offered bids shall be sought or accepted,
except for the correction of the arithmetic error and to understand the bidder‘s intentions
for a decision on its responsiveness. No circumstances shall justify meeting or
conversations between the executing agency, its evaluation committee (or its consultants)
and bidders during the bid evaluation process.

Procedure
a. SMP will be responsible for receiving the bids from bidders and keeping the received
bids under lock and key. He shall record following details regarding each bids received
on the daily basis:
i. Name of procurement and control number for which the bid is received;
ii. Specify whether the submission is Original, Modification, Withdrawal or
Substitution;
iii. Name of the Bidder;
iv. Whether the bid is sealed or not (specify what type of seal);
v. Source of delivery i.e. registered mail, courier or by hand;
vi. If delivered ‘by hand’, the name, CNIC, contact number and position of the person
delivering the bid;
vii. Date and time on which the bid is received, if received late then specify the actual
date and time;
viii. The person receiving the bid ‘by hand’ shall give proper receipt with date and time
of the receiving of the bid;
ix. Name and signature of the person from designated Procurement Officer who
received the bid.
b. SMP shall ensure that sealed envelope must be directed at the address notified in the
invitation to bid, bearing the following identification:
i. Bid for (Name of work);
ii. bid reference number;
iii. on the reverse side to the address bear the name and address of the
bidder, to enable the bid to be returned unopened in case it is declared
"late" or unresponsive;
iv. Caution “Do Not Open Before [insert time and date for bid opening]”
c. SMP shall ensure that bid should always be sealed, and the envelope shall contain all
of the bid documents except the drawings and specification book which shall be
returned separately;
d. SMP shall drop the bids in the locked Tender Box or Cabinets which may be used
or when the tenders are in large volumes or in envelopes that are large or thick, they
may be directly received by an assigned officer/official of the procuring agency. The
key of the box should remain in possession of the SMP;
e. SMP shall issue an acknowledgement of receipt starting the date and time, when the
bids are sent through either courier service or by post;
f. If the outer envelope is not sealed and marked as above, the PMIU will assume no
responsibility for the misplacement or premature opening of the bid;

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g. Bidders shall submit only one bid unless permitted to submit alternate bid and in case
separate bidding/tender document is to be purchased.

D. Modification, withdrawal, or substitution of bids

As per Rule 43,


If any bidder wants to make any modification, withdrawal, or substitution before the date
and time of submission of bids.
No bidder shall be allowed to alter or modify his bid(s) after the expiry of deadline for the
receipt of the bids.
The above record shall be written “Bid Record Sheet” sample is provided at Annexure –
XIII.
As per regulation 7.1,
Submission of Bids
Formal procedure: It is essential to define the procedure for the formal receipt of tenders,
closing of tendering and safe-keeping of tenders for the transparency of the tendering
process for the following reasons:-

i. It ensures that tendering is closed at the precise date and time of the deadline, that
no late tenders are accepted;
ii. Ensures that a record is kept of all tenders submitted on time, to help avoid the
opening of any late tenders submitted at the opening;
iii. It ensures that submitted tenders are kept unopened until the time for the public
tender opening, to promote fair competition.

E. Cancellation of bids

As per Rule 25:


 The PMIU may cancel the bidding process at any time prior to the acceptance of a bid
or proposal;
 The PMIU shall incur no liability towards the bidders, solely by cancellation of bidding
process;
Intimation of the cancellation of bidding process shall be given promptly to all bidders and
bid security shall be returned along with such intimation.
The PMIU shall, upon request by any of the bidders, communicate to such bidder, grounds
for the cancellation of bidding process, but is not required to justify such grounds.

As per regulation 7.3, Cancellation of bidding process:

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

Normally, a reason for cancellation of all bids or bidding process is either for following
reasons:-
i. Evidence of lack of effective competition; such as non-participation by a number
of potential bidders;
ii. Bids are not substantially responsive;

43
iii. Bid prices are substantially higher than existing budget, beyond the allowable
limit of official estimated cost or allowable percentage above the schedule B / bill
of quantities cost in percentage contract, provided the estimate is realistic;
iv. Bidders are unable to propose completion of the works within the stipulated time,
though the stipulated time is reasonable and realistic; or
v. Evidence of professional misconduct, seriously affecting the procurement process
is established.
Lack of competition shall be not determined solely on the basis of the number of
bidders. Even when only one bid is submitted, the bidding process may be
considered valid, if the bid was satisfactorily advertised and prices are reasonable
in comparison to the market values and procurement made by PMIU in the recent
past.
b. Actions to be taken after cancellation of bidding process: If all bids are cancelled, the
Procuring Agency shall review the causes justifying the cancellation and consider
making revisions to the conditions of the contract, design, specifications and scope of
the contract, or combinations of these, before inviting fresh tenders;
c. procuring agency shall incur no liability, solely by virtue of cancellation/rejection of all
bids towards contractors who have submitted bids or proposals;
d. Intimation of the rejection of all bids or proposals shall be given promptly to all
contractors who submitted bids or proposals and the bid security shall be returned
along with such intimation.
Options: When all bids are cancelled, then PMIU can opt either of following options for
inviting new bids from:
i. Initially prequalified firms: OR
ii. Only those who had submitted bids in the first instance; OR
iii. A fresh NIT / EoI will be initiated. This will be better choice if time is not
constraint.

Procedure for Cancellation

The proposal for cancellation of bidding process shall be initiated by the SMP with
grounds for doing so and shall be cancelled with due approval of the PD and with
intimation to other members of the PC.
SMP shall communicate the grounds of such cancellation to the bidder(s), if so
requested by the bidder(s).
F. Bid Evaluation

a. Bid opening procedures

The procurement committee shall open and evaluate all bids received in the manner
prescribed in the Notice Inviting Tenders or bidding document and record the bid opening
process including the method of procurement on the Bid Record Sheet.

All bids shall be opened publicly in the presence of all the bidders, or their representatives,
who may choose to be present in person at the time and place announced in the invitation
to bid.

The bid opening is not delayed on the plea of absence of bidders or their representatives,
as their presence is optional.

As per Rule 41 and regulation 7.5,

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The procurement committee of the PMIU shall be opening the bids as per the following
procedures:

i. The date for opening of bids and the last date for the submission of bids shall be
the same, as given in the bidding documents and in the Notice Inviting Tender;
ii. Subject to provisions of Rule 18, in case, the two dates are different, the date
and time, given in the bidding documents shall apply;
iii. The bids shall be opened within one hour of the deadline for submission of bids;
iv. All bids shall be opened publicly in the presence of all the bidders, or their
representatives, who may choose to be present in person, at the time and place
announced in the invitation to bid;
v. The tender box shall be opened and all tenders removed and counted;
vi. The chairman of the procurement committee shall read aloud the name of the
bidder and total amount of each bid, and of any alternative bids if they have been
permitted, shall be read aloud and recorded when opened;
a. Reading out at the time of opening of the bid shall be in following manner:

Firstly; withdrawal letters submitted by a bidder shall be read first, and it


will be recorded in minutes, and bids submitted by the bidders shall be
returned unopened;

Secondly; substituted or modified bids shall be read out and the bids
submitted earlier shall be returned to them unopened; both the original
tender and modification should be stamped on key pages and signed or
initialed by the chairperson of PC and by all members of the PC;

Thirdly; original bids submitted by the bidders, shall be opened and read
out.

Following items shall be readout in the bid opening meeting:


 Name of the bidder,
 Letter of authorization to sign the bid,
 Total bid amount,
 Any modifications,
 Alternative bids,
 Discount,
 Details of bid security,
 Unit rates in the BOQ,
vii. All envelopes should be counted, each tender envelop should be identified by
giving a serial number divided by total number of tenders received. When
5 bids are received then bids will be identified by marking them in following
manner,; 1/5, 2/5, 3/5, 4/5, 5/5;
viii. Bid opening sheet (BOS) is prepared containing the information relating to bids
announced at the opening;
ix. Corrections or deletions in unit rates or amount in BOQ and recorded in the Bid
Opening Record sheet.

Procedure for corrections

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Regulation 7.6 (c)

Bids determined to be substantially responsive shall be checked by the


procurement committee for arithmetical errors and any such error is read out to
all participants and corrected by the PC in the manner given below:

 When there is a discrepancy between the unit price entered against an item
in the bill of quantities and the total amount then the total amount shall be
amended accordingly;
 When discrepancy is the misplacement / absence of a decimal place in the
unit rate, the unit rate shall be amended on the basis of the total amount
which shall be taken as correct as entered;
 When there is a discrepancy in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the total shall be
corrected;
 if there is a discrepancy between words and figures, the amount in words
shall prevail, unless the amount expressed in words is related to an
arithmetic error, in which case the amount in figures shall prevail subject to
the notes above; and
 PC shall notify all bidders in writing, about all any arithmetic corrections
made at the time of the opening of the bid and request to agree to such
corrections.
x. All bidders present in the bid opening meeting shall sign an attendance sheet;
xi. Following bids shall not be opened and returned after recording the reasons doing
so:
a. Bids which are submitted after the time prescribed in NIT; and
b. Bids not considered due to procedural flaw(s).
xii. The chairman procurement committee shall encircle the rates and all the
members of procurement committee shall sign each and every page of financial
proposal and the Bid Record Sheet;
xiii. The procurement committee shall issue the minutes of the opening of the tenders
and shall also mention over writing or cutting as recorded in the bid record sheet,
if any;
xiv. At the time of opening of the bid the PC may ask the bidders for clarifications
needed for the clarity for the purpose of evaluation the bids but shall not permit
any bidder to change the substance or price of the bid;
xv. The members of PC shall sign an attendance sheet evidencing their attendance;
xvi. The PC after the bid opening meeting shall initiate the process for bid evaluation
and preparation of Comparative statement.

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Bid Opening Checklist to be included in the working papers of bid opening proceedings

Name of Bidders
S. No. Items
Firm A Firm B Firm C

1 Is envelope sealed? Yes/No


2 Required Amount of Bid security
3 Required Bid validity period
Authority of signing Alternate bid if any
4
Withdrawal,
5 Alternate bid if any
6 Withdrawal,
7 Substitution or Modification if any
8 Any discounts (if any)
9 Price Read out
10 Form of tender signed or not
Other documents attached(PEC valid
11 Registration in required discipline and
category
12 Any other detail

b. Bid Evaluation

The PC in the PMIU shall evaluate all responsive bids in accordance with the evaluation
criteria and other terms and conditions mentioned in the bidding documents.

The PC shall apply following principles at the time of bid evaluation:

i. Single Bid

As per Rule 48,

Even when only one bid is submitted, the bidding process may be considered valid,
if the bid was advertised in accordance with rules, and the complete procedure was
adopted. However, in this situation the quoted prices are compared with the prices
or rates of the last awarded similar contract or market prices.

Provided that the PC may consider to review that the comparison of similar contract
or market prices may not be workable in case of consulting services.

ii. For the purpose of comparison of bids quoted in different currencies, price shall be
converted into a single currency specified in the bidding documents. The rate of
exchange shall be the selling rate prevailing seven working days before the date of
opening of the bids specified in the bidding documents, as notified by the State Bank
of Pakistan;
iii. A bid once opened in accordance with the prescribed procedure shall be subject to
only those rules, regulations and policies that are in force at the time of issuance of
notice for invitation of bids;

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iv. At the time of the evaluation of the bid the procurement committee may ask the
bidders for clarifications needed in the evaluation the bids but shall not permit any
bidder to change the substance or price of the bid;

Procedure for bid evaluation

The PMIU may use any of the following bidding procedure for ensuring transparency,
quality and cost effectiveness.

Bid evaluation procedure depends on the method of bidding is selected and detailed
procedures for bid evaluation for each method.

However, guidelines and further explanation for bid evaluation is given in the regulation
7.6 which shall be used for better understanding given under:

c. Stages of evaluation

The three important stages of bid evaluation are listed as follows:

Preliminary screening:

a. eliminate tenders who fail to comply with the basic requirements of the Bidding
Document and
b. bidders who do not meet mandatory eligibility requirements;

Detailed evaluation: to determine whether tenders are substantially responsive


to the commercial and technical requirements stated in the bidding document and
to eliminate tenders which are not responsive; and

Financial evaluation: to compare the costs of responsive tenders and determine


which is the lowest priced tender.

The successful tender will be the lowest priced tender, which is substantially responsive to
requirements of the bidding document. But in case of Single Stage One Envelope
Procedure, Post qualification procedure is used to determine Eligible and responsive bidder
The above stages of evaluation are very use full in case of Single Stage Two Envelope
Procedure

Procedure

All bids shall be evaluated in accordance with the evaluation criteria and other terms and
conditions set forth in the NIT and the bidding documents. Tender/Bid with any condition
or where the conditions mentioned in the NIT and the bidding documents have been allured
or omitted will not be entertained, and will be declared non-responsive and shall stand
rejected;

Purpose of bid evaluation is to determine the cost of each responsive/technically qualified


bid in a manner that permits a comparison on the basis of their evaluated cost;

Bid Evaluation for Works shall be strictly in monetary terms, however if time is a critical
factor, the value of early completion may be taken into account according to the criteria
presented in the bidding documents. Bonus marks for early completion may be awarded,
if mentioned in the evaluation criteria. In such cases, provisions for commensurate
penalties for noncompliance must be included in the conditions of contract.

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Correction of Arithmetical checking: Bids determined to be substantially responsive shall
be checked by the PMIU for arithmetical errors and any such errors will be rectified as
follows:-
i. where there is a discrepancy between the extended amount entered against an
item in the bill of quantities and the amount obtained by multiplying the unit rate
and the quantity, then the latter amount shall prevail and the extended amount
entered in the bill of quantities shall be amended accordingly;
ii. if discrepancy is the misplacement of a decimal place in the unit rate, the unit
rate shall be amended and the extended amount entered as aforesaid shall be
taken as correct;
iii. if there is a discrepancy in a total corresponding to the addition or subtraction of
subtotals, the subtotals shall prevail and the total shall be corrected; and
iv. if there is a discrepancy between words and figures, the amount in words shall
prevail, unless the amount expressed in words is related to an arithmetic error,
in which case the amount in figures shall prevail subject to the notes above.
v. Bidders shall be notified in writing of any arithmetic corrections made and
requested to agree to the corrections in writing.

For the purposes of comparison of bids quoted in different currencies, the price shall be
converted into a single currency specified in the bidding documents. The rate of exchange
shall be the selling rate as notified by the State Bank of Pakistan prevailing seven working
days before the date of opening of the bids or the date of opening, specified in the bidding
documents.

If the bidder does not accept the Corrected Amount of Bid, his bid will be rejected and his
Bid Security forfeited.

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

There shall be no consideration during the bid evaluation of any information contained in a
bid submission that was not requested in the bidding document.

Correction for Provisional Sums: Bids may contain provisional sums set by the Procuring
Agency for contingencies or for nominated subcontractors if allowed, etc. As these sums
are the same for all bids, they should be subtracted from the read out prices to allow for a
proper comparison of bids in subsequent steps. However, those provisional sums set aside
for day work etc., where priced competitively, should not be included in the deductions.

Completeness of Bid: Unless the bidding documents have specifically allowed, bids not
offering all of the required items should ordinarily be considered non-responsive. However,
under works contracts, a rate or price shall be entered against each item in the priced Bill
of Quantities, whether quantities are stated or not. The cost of items against which
contractor will have failed to enter rate or price shall be deemed to be covered by other
rates and prices entered in the preamble of Bill of Quantities. No separate payment will be
made for those items.

Substantial Responsiveness: Responsiveness of the bidder and bid is to be determined


by the Eligibility and the fact that bid has no Major deviations as mentioned below:

Eligibility:
 The bidder is of valid license holder from the PEC and fall within the category and
discipline allowed to participate;
 The bidder is registered with tax authorities.
 The bidder is not black listed by any Procuring Agency.

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 In case of electrical works, the bidder is in possession of electrical license from the
Electrical Inspector of Sindh.

Deviations:

a. Major (Material):

Major deviations to the commercial requirements and technical specifications are a


basis for the rejection of bids. As a general rule, major deviations are those that if
accepted, would not fulfill the purposes for which the bid is requested, or would prevent
a fair comparison or affect the ranking of the bids that are compliant with the bidding
documents. Major deviations include:-
i. Stipulating price adjustment when fixed price bids were called for;
ii. Failing to respond to specifications;
iii. Failing to comply with Mile-stones/critical dates including completion date
provided in Bidding Documents including completion date;
iv. Subcontracting contrary to the Conditions of Contract specified in Bidding
Documents;
v. Refusing to bear important responsibilities and liabilities allocated in the
Bidding Documents, such as performance guarantees and insurance
coverage;
vi. Taking exception to critical provisions such as applicable law, taxes and
duties and dispute resolution procedures.
vii. Bid security is of not required amount and source.
viii. Bid validity is less than specified period.
ix. Bid is submitted for incomplete Scope of Work.
x. Bid indicates that material to be supplied does not meet the eligibility
requirements or it is materially and substantially different from the
Conditions/Specifications of Bidding Documents.
xi. The bidder refuses to accept the arithmetic corrections.

b. Minor Deviations

Bids that offer deviations acceptable to the PMIU and which can be assigned a monetary
value may be considered substantially responsive the issue of fairness. This monetary
value would however be added as an adjustment for evaluation purposes only during
the detailed evaluation process.

i. Single Stage – One Envelope Procedure

a. Eligibility Criteria: Notice Inviting Tenders and bidding documents of this method
shall contain the following eligibility criteria;
 Relevant experience;
 Turn-over of at least last three years;
 Registration with Federal Board of Revenue (FBR), for Income Tax, Sales
Tax in case of procurement goods, registration with Sindh Revenue Board,
in case of procurement of Works and services and registration with Pakistan
Engineering Council (where applicable);
 Any other factor deemed to be relevant by the PMIU subject to provision of
Rule 44;

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b. Procedure for opening

i. each bid shall comprise one single envelope containing one financial proposal and
required information mentioned at clause (a) above;
a. PC shall evaluate all eligible financial proposals in the manner prescribed in
the bidding documents;
b. Bid found to be the lowest evaluated or best evaluated shall be accepted /
recommended for award of contract.

ii. Single stage – two envelope procedure


a. Bid shall comprise a single package containing two separate envelopes. Each envelope
shall contain separately the financial proposal and the technical proposal;
b. Envelopes shall be marked as “FINANCIAL PROPOSAL” and “TECHNICAL PROPOSAL” in
bold and legible letters to avoid confusion;
c. Initially, only the envelope marked “TECHNICAL PROPOSAL” shall be opened;
d. Envelope marked as “FINANCIAL PROPOSAL” shall be retained in the custody of the PMIU
without being opened;
e. PC shall evaluate the technical proposal in a manner prescribed in advance, without
reference to the price and reject any proposal which does not conform to the specified
requirements
f. No amendments in the technical proposal shall be permitted during the technical
evaluation;
g. Financial proposal of bids found technically non-responsive shall be returned un-opened
to the respective bidders; and
h. Bid found to be the lowest evaluated or best evaluated shall be accepted / recommended
for the award of contract.
iii. Two Stage Bidding Procedure

First Stage
i. Bidders are invited to submit, according to the required specifications, a technical
proposal without price, which shall be subject to technical as well as commercial
clarifications and adjustments;
ii. Technical proposal shall be evaluated in accordance with the specified evaluation
criteria and may be discussed with all the bidders together regarding any technical
features that may require technical as well as commercial clarifications and
adjustments;
iii. After such discussions, all the bidders shall be permitted to revise their respective
technical proposals to meet the requirements of the PMIU;
iv. The PC may revise, delete, modify or add any aspect of the technical requirements
or evaluation criteria, or it may add new requirements or criteria not inconsistent with
these rules;
Provided that such revisions, deletions, modifications or additions are communicated
to all the bidders equally at the time of invitation to submit final bids, and that
sufficient time is allowed to the bidders to prepare their revised bids;

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Provided further that such allowance of time shall not be less than fifteen days (15days)
in the case of National Competitive Bidding and forty-five days (45days) in the case of
International Competitive Bidding;

v. The bidders not willing to conform their respective bids to the PMIU’s technical
requirements may be allowed to withdraw from the bidding without imposition of any
penalty.

Second Stage
i. Bidders shall be allowed to amend their technical proposals in order to ensure
conformance to the same technical standards;
ii. Bidders submit the revised technical proposals along with financial proposals;
iii. The financial proposals of only those bidders whose original or revised technical
proposals are found to be conforming to the agreed technical standards and
requirements, shall be opened at a time, date and venue announced and communicated
to the bidders in advance;
iv. The revised technical proposals and the financial proposals shall be evaluated in the
manner prescribed above. The bid found to be the lowest evaluated bid shall be
accepted;
Provided that in setting the date for the submission of the revised technical proposal
and financial proposal the PC shall allow sufficient time to the bidders to incorporate
the agreed upon changes in the technical proposal and prepare their financial proposals
accordingly.
iv. Two stage – Two Envelope Bidding Procedure
First Stage
i. Bid shall comprise a single package containing two separate envelopes. Each envelope
shall contain separately the financial proposal and the technical proposal;
ii. Envelopes shall be marked as “FINANCIAL PROPOSAL” and “TECHNICAL PROPOSAL” in
bold and legible letters to avoid confusion;
iii. Initially, only the envelope marked “TECHNICALPROPOSAL” shall be opened;
iv. Envelope marked as “FINANCIAL PROPOSAL” shall be retained in the custody of the PMIU
without being opened;
v. Technical proposal shall be discussed with all the bidders or their representatives present
together with reference to the PMIU’s technical requirements;
vi. The bidders willing to meet the requirements of the PMIU shall be allowed to revise their
technical proposals following these discussions;
vii. Bidders not willing to conform their technical proposal to the revised requirements of the
PMIU shall be allowed to withdraw their respective bids without forfeiture of their bid
security;

Second Stage
i. Bidders who are willing to conform to the revised technical specifications and whose bids
have not already been rejected shall submit a revised technical proposal and
supplementary financial proposal, according to the revised technical requirement;
ii. Revised technical proposal along with the original financial proposal and supplementary
financial proposal shall be opened at a date, time and venue announced in advance by
the PMIU;

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Provided that in setting the date for the submission of the revised technical proposal and
supplementary financial proposal the PMIU shall allow sufficient time to the bidders to
incorporate the agreed upon changes in the technical proposal and to prepare the
required supplementary financial proposal; and
The PMIU shall evaluate the whole proposal in accordance with the evaluation criteria
and the bid found to be the lowest evaluated bid shall be accepted.
G. Preparation of comparative Statement

After having completed the evaluation process, the procurement committee shall prepare
a comparative statement showing the ranking of all responsive bidders, with score
achieved.
i. Comparative Statement of Technical Evaluation

PC shall award numbers for the technical aspects of the proposals and prepare a
comparative statement showing ranking of all technically qualified bidders.

Name of Procuring Agency:


Name of Work: Marks obtained by firms.

*Marks Firm Firm


Evaluation Criteria* Firm A
assigned B C

Experience in similar works (marks for one project


=…)

Experience in similar geographical conditions (-


marks for one project = ---)

Annual Turnover (not less than bid cost).

ii. Financial Comparative Statement


PC shall award numbers for the financial aspects of the proposals and prepare a
comparative statement showing ranking of all bidders. Following sample can be used:

Comparison
Final Remarks and
Firm/Bidder’s Tender with Recommendations Ranking
S. No Name Engineering
Cost
Estimate

1 Firm A

2 Firm B

3 Firm C

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H. Announcement of Evaluation Report

As per rule 45,

PC shall announce the results of bid evaluation in the form of a report containing the details of
all received bids, as recorded in the bid record sheet, giving reasons for acceptance or rejection
of bids. The report shall be hoisted on website of the Authority and that of the PMIU and
intimated to all the bidders at least 3 (three) days prior to the award of contract.

As per regulation 7.9,

The evaluation report should include the at least the following information:

i. Results of the preliminary screening with the list of rejected bidders and a brief
statement of why the bid was rejected;
ii. Results of the detailed technical and commercial evaluation;
iii. List of any tenders which were rejected as non-responsive and the reasons for the
rejection;
iv. Details of any non-material deviations, errors or omissions accepted, clarified or
corrected and, where relevant, the way in which deviations or omissions have been
quantified and taken into account in the financial evaluation;
v. Price of each tender as read out at the bid opening;
vi. Evaluated price of each tender, following any correction or adjustments to the price and
the conversion to a single currency (if required);
vii. Ranking of the tenders, according to their evaluated price;
viii. Stating the tender which has the lowest evaluated price and is therefore recommended
for approval to competent authority; and
ix. Results of pre-qualification/technical assessment also be provided separately if any.

The Bid Evaluation Report in the standard form prepared and duly signed by all members
of evaluation committee is to be hoisted on website of the authority and that of procuring
agency if its website exists and intimated to all bidders at least seven days prior to the
award of contract.

Sample of “Bid Evaluation Report” is provided in Annexure – XIV.

I. Acceptance of bids and award of contract of procurement contracts

As per rule 49,

The technically responsive bidder with the lowest evaluated cost, but not necessarily the lowest
submitted price, shall be awarded the procurement contract, within the original or extended
period of bid validity.

As per regulation no. 7.12 Award of contract:

The contents of the contract document will depend on the model contract included in the bidding
document. The contents of a contract and the order of precedence are normally listed in the
contract form or special conditions of contract. As guidance only, contract documents normally
consist of the following:

i. The contract form or agreement;


ii. The contract award notice/letter of acceptance;
iii. The bidder‘s bid and any modifications to the bid;
iv. The general conditions of contract;
v. The special conditions of contract;

54
vi. The description of works, comprising specifications, terms of reference, drawings, bill of
quantities, activity schedule and/or any other similar document.

The award of the contract must be made within the original or extended period of bid validity.

Procedure for executing the contract:

As per regulation 7.12.1 Letter of acceptance:

It is normally a contractually binding notice, which results in the entry into force of a contract
and provides a rapid means of forming a contract, rather than waiting while the complete
contract document is prepared. Thus the contract comes into force at once, meaning thereby
that the delivery or mobilization periods start sooner and overall contract completion is achieved
sooner;

I. On receipt of approval, prior to the expiration of the original/extended validity period of


the bids and expiry of seven days after publication/ announcement of the bid/tender
evaluation report;

SMP shall send an acceptance notice i.e. “Letter of Acceptance” along with the draft
agreement, of the tender/bid signed by the PD for the acceptance of the tender to the
successful bidder. Sample of “Letter of Acceptance” is provided in Annexure - XV.

Letter of acceptance shall include following:-

i. The name and address of the PMIU;


ii. The name and address of the contractor/firm;
iii. The reference number of the procurement (if any);
iv. A brief description of the works procured;
v. The date and reference number of the bidder‘s tender (if any);
vi. The currency and Contract Price, which, the PMIU will pay to the contractor in
consideration of the execution and completion of work within completion period as
prescribed in the contract;
vii. A request that the contractor confirm receipt of the Notice of Acceptance and confirm
that it is proceeding with contract performance;
viii. Instructions on any immediate actions required from the contractor e.g. provision
of a performance security & signing of the agreement.

II. The SMP shall contact the contractor requiring the performance guarantee, once the letter
of acceptance is received (along with the draft agreement) by the contractor, and signed
copy of the agreement of contract within the time mentioned in the letter of acceptance.

The PMIU is required to keep evidence of dispatch, such as proof of posting, fax
confirmation slip etc. and confirmation of receipt of the letter of acceptance is received
by the bidder.

The necessary funds must also be committed in writing from authority competent to
release the funds prior to issue of the letter of acceptance if funds are not released.

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11.3. Procurement of goods through bidding

At the beginning of the financial year, the program manager of the section requiring to procure
goods, that would need to initiate competitive bidding process, national or international, shall
move request with details as per approved APP; in case of goods, item description, specification,
quantity along with estimated cost to the PD / DPD seeking his consent, for initiating the
procurement process.

After the approval of PD / DPD, the program manager shall refer the matter to the SMP for
initiating the process.

SMP shall initiate the procurement process as under:

1. Preparation of Bidding Documents


2. Advertisement and Publication
3. Receiving and Recording of Bids
4. Cancellation of bidding process
5. Bids evaluation
a. Opening of bids
b. Evaluation of bids
c. Preparation of Comparative statement
6. Cancellation of bidding process
7. Approval and award of contract

A. Preparation of Bidding Documents

On receiving the approval, the SMP shall initiate the process for the preparation of bidding
documents including the letter of invitation for bid in the manner prescribed in 10.2.2. of this
manual and during the process he shall review the following:
i. Estimation of necessary equipment, plants, and other resources in consideration
with specified completion time and nature of work to be done jointly with
respective sectional head;
ii. Specification and drawings are also to be checked for consistency with the related
procurement, any ambiguity or incomplete information should be clarified with the
design section / program manager construction management;
iii. Once the bid documents including NITs are prepared shall be presented to PM -
SS for obtaining approval of PD through DPD to convene the meeting of the
procurement committee for preparation and approval of bid documents.
Bidding Documents
After the approval from PD, PM – SS will send complete bidding documents to SPPRA for
hoisting on their website and shall also ensure these are available on their website for
convenience of bidders and for efficient procurement process.
As per rule 21, following information has to be contained in bid documents;
1. Letter of Invitation for bid.
2. Data sheet containing information about the assignment.
3. Instructions for preparing bids.
4. Amount and manner of payment of bid security and performance guarantee (where
applicable). Explanation – 1.
5. Manner and place, date and time for submission of bidding documents.
6. Manner, place, date and time of opening of bids.
7. Method of procurement used.

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8. A detailed and unambiguous evaluation criteria. Explanation – 2.
9. Terms and conditions of the contract agreement.
10. Terms of Reference and technical specifications of goods, works or services to be
procured.
11. Manner in which tender price is to be assessed and computed, including
information about tax liability.
12. Currency in which tender price is to be formulated and expressed.
13. Bid validity period. Explanation – 3.
14. A copy of integrity pact to be signed by the parties (where applicable).
15. Any other information which is specified in regulations as may be issued by the
SPPRA from time to time.

Fee of bidding document: Rule 20(2): the PMIU will charge a fee for bidding documents,
which shall not exceed the cost of preparation and printing.

Explanations:

1. Amount and manner of payment of bid security and performance guarantee (where
applicable);

As per Rule 37, Bid Security,

The PMIU shall require the bidders to furnish a bid security not below one percent and not
exceeding five percent of the bid price, which shall remain valid for a period of 28 days beyond
the validity period for bids, in order to provide the PMIU reasonable time to act, if the security
is to be called;

Bid security shall be released to the unsuccessful bidders once the contract has been signed
with the successful bidder or the validity period has expired.

As per rule 39, Performance Security

The PMIU shall, in all procurement of goods, works and services, carried out through open
competitive bidding, require security in the form of pay order or demand draft or bank
guarantee, an amount sufficient to protect itself in case of breach of contract by the contractor
or supplier or consultant, provided that the amount shall not be more than 10% of contract
price;

The security shall be provided in an appropriate form and amount, as provided in the bidding
documents;

Validity of performance security shall extend at least ninety days beyond the date of completion
of contract to cover defects liability period or maintenance period subject to final acceptance by
the PMIU.

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2. A detailed and unambiguous evaluation criteria:
As per Rule 21-A, Evaluation Criteria
The PMIU shall formulate an appropriate evaluation criterion, listing all the relevant
information against which a bid is to be evaluated and criteria of such evaluation shall form
an integral part of the bidding documents. The failure to provide a clear and unambiguous
evaluation criteria in the bidding documents shall amount to MIS-procurement.
3. Bid Validity period
As per Rule 38,
i. The PMIU, keeping in view nature of procurement, shall subject the bid to a validity
period, which shall be specified in the bidding document and shall not be more than
90 days in case of National Competitive Bidding and 120 days in case of
International Competitive Bidding;
Extension of bid validity may be allowed subject to approval by the competent
authority of the PMIU, and with reasons to be recorded in writing;
Provided that if validity period has to be extended due to some slackness on the
part of PMIU, the competent authority shall fix responsibility and take appropriate
disciplinary action;
ii. After obtaining such approval, the PMIU, shall request in writing all bidders to
extend the bid validity period. Such a request shall be made before the date of
expiry of the original bid validity period;
iii. Such an extension shall not be for more than one third of the original period of bid
validity;
iv. In case the PMIU fails to finalize the bid evaluation within the extended time, the
bids shall stand cancelled and a fresh bidding process shall be initiated;
v. Whenever an extension of bid validity period is requested, a bidder shall have the
right to refuse to grant such an extension and withdraw his bid and bid security
shall be returned forthwith;
vi. Bidders who;
a. Agree to extension of the bid validity period shall also extend validity of the
bid security for the agreed extended period of the bid validity;
b. Agree to the PMIU’s request for extension of bid validity period shall neither
be requested nor permitted to change the price or other conditions of their
bids.
B. Advertisement and Publication of NIT
Notice Inviting Tender

As per Rule 17 (3), the PMIU may invite the bids through a letter of invitation for
bids, such letter shall contain the following:
a. Name, postal address, telephone number(s), fax number, e-mail address (if available)
of the PMIU;
b. Purpose and scope of the project;
c. Schedule of availability of bidding documents, submission and opening of bids,
mentioning place from where bidding documents would be issued, submitted and would
be opened;
d. Amount and manner of payment of tender fee and bid security;
e. Any other information that the PMIU may deem appropriate to disseminate at this
stage.

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i. Advertisement
As per Rule 20, the SMP in the PMIU will publish the NIT in the newspapers(s), website
of PMIU and the Authority (for which it shall pay a fee as may be determined by the
Authority) in the manner provided in the following table:
International
S. Amount of Authority's English
Newspapers Rule
No. procurement website newspaper or
known website
Greater than 17(1)
100,000 but less   
1 than 1,000,000
Greater than 3 National 17(1)
 
2 1,000,000 newspapers
International  2 English 
3 Competitive Bidding Newspapers

a. In case of procurement of greater than Rs. 100,000 and less than Rs. 1 million, the
publication of NIT in newspaper is not mandatory, however the PMIU shall be
publish the website of the authority and its own.
b. In case of procurement of greater than Rs. 1 million, the publication of NIT is
required in three national newspapers of English, Sindhi and Urdu languages. The
procedure of publication shall be in conformity with the directions issued from the
Information department, GoS.
c. In case of international competitive bidding, the publication of NIT is required in 2
English language newspapers and one international English newspaper or an
internationally known website relevant to the procurement.
d. As per Rule 17 (4) and (5), the PMIU will also post all advertisements concerning
procurement on its own website but it shall ensure that all information posted on
the website contains all the information mentioned in NIT.
ii. Response Time
Response time is the period allowed to the bidders for the submission of their bids. This
time starts from the date of the publication of the NIT in the newspapers and on the
website:
As per Rule 18,
While deciding the response time for the submission of bids, the PMIU will give due
consideration to the scope, magnitude and nature of procurement:
S. No. Situation Calendar days from the
date of publication
ii. National Competitive Bidding 15

iii. International Competitive Bidding 45

iii. Amendments in bid after the publication of the NIT

As per Rule 21(2),

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In case the PMIU considers that any information, that has become necessary for bidding or
for bid evaluation, after the invitation to bid or issue of the bidding documents to the
interested bidders, the PMIU shall provide that information to the bidders in a timely
manner and on equal opportunity basis by way of modification in the bid invitation.
Such change, addition, modification or deletion shall be made in a manner similar to the
original advertisement/publication.
Procedure
i. SMP with the approval of PD shall publish such information in the manner in which the
original NIT was published. Such information may include information regarding change
in the time and place of submission of bids.

ii. In case of any change, addition or modification or deletion in the eligibility or evaluation
of criteria in the bidding document, the SMP will prepare the working paper and place
such proposal before the PC for consideration and approval.

iii. After approval from the PC, the SMP shall communicate such change, modification,
deletion in the bidding document for the information of the bidders in the same manner
in which original NIT was published.

iv. However, where the bidders have already been shortlisted after due process only the
shortlisted bidders may be informed through courier service, registered post, email or
the bidder conference.
iv. Extension of Time Period for Submission of Bids
As per Rule 22,
The PMIU may extend the deadline for submission of bids only, if one or all of the following
conditions exist:
Fewer than three bids have been submitted and procurement committee is of the
unanimous view that wider competition can be ensured by extending the deadline for the
submission of the bids. In such case, the bids submitted shall be returned to the Bidders
un-opened;
If the PMIU is convinced that such extraordinary circumstances have arisen owing to law
and order situation or a natural calamity that the deadline should be extended.
Procedure
1. SMP, shall inform the PD if any of the following condition has been arisen and will
discuss the need for time extension in the submission of bids.
2. PD shall decide the time for convening the meeting for extension of time period for
submission of bids.
v. Clarification of bidding documents
As per Rule 23 (1),
An interested bidder, who has obtained bidding documents, may request for clarification of
contents of the bidding document in writing, and PMIU shall respond to such queries in
writing within three calendar days, provided they are received at least five calendar days
prior to the date of opening of bid.

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Example:

S. No. Date of Opening of Bids Last Date for Query


2. 10 May 20XX 5 May 20XX

S. No. Date of Query Latest Date of Response by


PMIU
2. 1 May 20XX 4 May 20XX

For the purpose of transparency and equal opportunity, any clarification by the PMIU in
response to a query by any bidder shall be communicated to all parties who have obtained
bidding documents.

Detail procedure to be followed is provided in Section 11.2.2.

i. Reissuance of Tender Notice in case of modification of bidding

As per Rule 23 (2), PMIU shall re-issue the Notice Inviting Tenders, in accordance
with above rules, if it is convinced that there is a material infirmity or ambiguity in
the bidding documents, which would require major modification in the contents of
bidding documents.

Procedure

In such situation, where the bidding document requires, major change or clarification, the
SMP will prepare the working paper and place the proposal before the PC seeking approval
for reissuance of the bid. After approval from the PC, the SMP shall proceed in the same
manner in which original NIT was published.

ii. Pre bid meeting for clarification and modification of bidding documents

 PC will organize pre bid meeting(s) of the potential bidders, where interested
bidders are invited to voice their concerns & queries to be answered by PMIU
management and the consultants. This may also help the potential bidders gain
a better understanding of the work expected. All important and major aspects
will be shown to or discussed with the interested bidders. This may also help
PMIU in better evaluation and contact administration.
 SMP will prepare minutes of the meetings, questions raised and clarifications
provided to the potential bidders.

Such pre bid meetings shall be held at least 10 clear days before the date of
submission of bids, so that the bidders get enough time to decide for submission
of bids.

C. Receiving and Submission of bids

As per Rule 24:

i. The bids shall be submitted at the place on the date and time and in the manner
mentioned by the PMIU, in the tender notice and bidding documents.
ii. Any bid submitted late due to any reason whatsoever, shall not be considered by the
procurement committee;

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iii. Bidders shall be permitted to submit the bids by registered mail, courier service or in
person before the given date and time.

Procedure

The SMP will be responsible for receiving the bids from bidders and keeping the received
bids under lock and key. He shall record following details regarding each bids received on
the daily basis:

1. Name of procurement and control number for which the bid is received;
2. Specify whether the submission is Original, Modification, Withdrawal or
Substitution;
3. Name of the Bidder;
4. Whether the bid is sealed or not (specify what type of seal);
5. Source of delivery i.e. registered mail, courier or by hand;
6. If delivered ‘by hand’, the name, CNIC, contact number and position of the person
delivering the bid;
7. Date and time on which the bid is received, if received late then specify the actual
date and time;
8. The person receiving the bid ‘by hand’ shall give proper receipt with date and time
of the receiving of the bid;
9. Name and signature of the person from designated Procurement Officer who
received the bid.

As per rule 43,

If any bidder wants to make any modification, withdrawal, or substitution before the date
and time of submission of bids.

No bidder shall be allowed to alter or modify his bid(s) after the expiry of deadline for the
receipt of the bids.

The above record shall be written “Record Sheet”.

D. Cancellation of bids

As per Rule 25:

 The PMIU may cancel the bidding process at any time prior to the acceptance of a
bid or proposal;
 The PMIU shall incur no liability towards the bidders, solely by cancellation of
bidding process;

Intimation of the cancellation of bidding process shall be given promptly to all bidders and
bid security shall be returned along with such intimation.

The PMIU shall, upon request by any of the bidders, communicate to such bidder, grounds
for the cancellation of bidding process, but is not required to justify such grounds.

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Procedure

i. The proposal for cancellation of bidding process shall be initiated by the SMP with grounds
for doing so and shall be cancelled with due approval of the PD and with intimation to
other members of the PC.
ii. SMP shall communicate the grounds of such cancellation to the bidder(s), if so requested
by the bidder(s).

E. Bid Evaluation

The procurement committee shall open and evaluate all bids received in the manner prescribed
in the Notice Inviting Tenders or bidding document and record the bid opening process including
the method of procurement on the Bid Record Sheet.

a. Bid Opening Procedures

As per Rule 41,

The procurement committee of the PMIU shall be opening the bids as per the following
procedures:
i. The date for opening of bids and the last date for the submission of bids shall be the
same, as given in the bidding documents and in the Notice Inviting Tender;
ii. Subject to provisions of Rule 18, in case, the two dates are different, the date and
time, given in the bidding documents shall apply;
iii. The bids shall be opened within one hour of the deadline for submission of bids;
iv. All bids shall be opened publicly in the presence of all the bidders, or their
representatives, who may choose to be present in person, at the time and place
announced in the invitation to bid;
v. The chairman of the procurement committee shall read aloud the name of the bidder
and total amount of each bid, and of any alternative bids if they have been permitted,
shall be read aloud and recorded when opened;
a. Reading out at the time of opening of the bid shall be in following manner:

Firstly; withdrawal letters submitted by a bidder shall be read first, and it will be
recorded in minutes, and bids submitted by the bidders shall be returned
unopened;
Secondly; substituted or modified bids shall be read out and the bids submitted
earlier shall be returned to them unopened;
Thirdly; original bids submitted by the bidders, shall be opened and read out.

b. Following items shall be readout in the bid opening meeting:


 Name of the bidder,
 Letter of authorization to sign the bid,
 Total bid amount,
 Any modifications,
 Alternative bids,
 Discount,
 Details of bid security,
 Unit rates in the BOQ,

vi. Corrections or deletions in unit rates or amount in BOQ and recorded in the Bid
Opening Record sheet.

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b. Bid Evaluation

The procurement committee in the PMIU shall evaluate all responsive bids in accordance with
the evaluation criteria and other terms and conditions mentioned in the bidding documents. The
procurement committee shall apply following principles at the time of bid evaluation:

i. Single Bid: According to Rule 48: Even when only one bid is submitted, the bidding process
may be considered valid, if the bid was advertised in accordance with rules, and the complete
procedure was adopted. However, in this situation the quoted prices are compared with the
prices or rates of the last awarded similar contract or market prices;

Provided that the PC may consider to review that the comparison of similar contract or market
prices may not be workable in case of consulting services.

ii. For the purpose of comparison of bids quoted in different currencies, price shall be converted
into a single currency specified in the bidding documents. The rate of exchange shall be the
selling rate prevailing seven working days before the date of opening of the bids specified in
the bidding documents, as notified by the State Bank of Pakistan;
iii. A bid once opened in accordance with the prescribed procedure shall be subject to only those
rules, regulations and policies that are in force at the time of issuance of notice for invitation
of bids;
iv. At the time of the evaluation of the bid the procurement committee may ask the bidders for
clarifications needed in the evaluation the bids but shall not permit any bidder to change the
substance or price of the bid;

c. Procedure for bid evaluation

The PMIU may use any of the following bidding procedure for ensuring transparency, quality
and cost effectiveness.

i. Single Stage – One Envelope Procedure

Eligibility Criteria: Notice Inviting Tenders and bidding documents of this method shall
contain the following eligibility criteria;

i. Relevant experience;
ii. Turn-over of at least last three years;
iii. Registration with Federal Board of Revenue (FBR), for Income Tax, Sales Tax in case
of procurement goods, registration with Sindh Revenue Board, in case of
procurement of Works and services and registration with Pakistan Engineering
Council (where applicable);
iv. Any other factor deemed to be relevant by the PMIU subject to provision of Rule 44;

Procedure for opening

i. Each bid shall comprise one single envelope containing one financial proposal and
required information mentioned at clause (a) above;
ii. PC shall evaluate all eligible financial proposals in the manner prescribed in the
bidding documents;
iii. Bid found to be the lowest evaluated or best evaluated shall be accepted
recommended for award of contract.

ii. Single stage – two envelope procedure

i. Bid shall comprise a single package containing two separate envelopes. Each
envelope shall contain separately the financial proposal and the technical proposal;

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ii. Envelopes shall be marked as “FINANCIAL PROPOSAL” and “TECHNICAL
PROPOSAL” in bold and legible letters to avoid confusion;
iii. Initially, only the envelope marked “TECHNICAL PROPOSAL” shall be opened;
iv. Envelope marked as “FINANCIAL PROPOSAL” shall be retained in the custody of the
PMIU without being opened;
v. PC shall evaluate the technical proposal in a manner prescribed in advance, without
reference to the price and reject any proposal which does not conform to the
specified requirements
vi. No amendments in the technical proposal shall be permitted during the technical
evaluation;
vii. Financial proposal of bids found technically non-responsive shall be returned un-
opened to the respective bidders; and
viii. Bid found to be the lowest evaluated or best evaluated shall be
accepted/recommended for the award of contract.

iii. Two Stage Bidding Procedure

First Stage

i. bidders are invited to submit, according to the required specifications, a technical


proposal without price, which shall be subject to technical as well as commercial
clarifications and adjustments;
ii. technical proposal shall be evaluated in accordance with the specified evaluation
criteria and may be discussed with all the bidders together regarding any technical
features that may require technical as well as commercial clarifications and
adjustments;
iii. after such discussions, all the bidders shall be permitted to revise their respective
technical proposals to meet the requirements of the PMIU;
iv. The PC may revise, delete, modify or add any aspect of the technical requirements
or evaluation criteria, or it may add new requirements or criteria not inconsistent with
these rules;

Provided that such revisions, deletions, modifications or additions are communicated


to all the bidders equally at the time of invitation to submit final bids, and that
sufficient time is allowed to the bidders to prepare their revised bids;

Provided further that such allowance of time shall not be less than fifteen days
(15days) in the case of National Competitive Bidding and forty-five days (45days) in
the case of International Competitive Bidding;

v. The bidders not willing to conform their respective bids to the PMIU’s technical
requirements may be allowed to withdraw from the bidding without imposition of any
penalty.

Second Stage

i. Bidders shall be allowed to amend their technical proposals in order to ensure


conformance to the same technical standards;
ii. Bidders submit the revised technical proposals along with financial proposals;
iii. The financial proposals of only those bidders whose original or revised technical
proposals are found to be conforming to the agreed technical standards and
requirements, shall be opened at
iv. A time, date and venue announced and communicated to the bidders in advance;
v. The revised technical proposals and the financial proposals shall be evaluated in the
manner prescribed above. The bid found to be the lowest evaluated bid shall be
accepted;

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Provided that in setting the date for the submission of the revised technical proposal
and financial proposal the PC shall allow sufficient time to the bidders to incorporate
the agreed upon changes in the technical proposal and prepare their financial
proposals accordingly.

iv. Two stage – Two Envelope Bidding Procedure

First Stage

i. Bid shall comprise a single package containing two separate envelopes. Each
envelope shall contain separately the financial proposal and the technical proposal;
ii. Envelopes shall be marked as “FINANCIAL PROPOSAL” and “TECHNICAL PROPOSAL”
in bold and legible letters to avoid confusion;
iii. Initially, only the envelope marked “TECHNICAL PROPOSAL” shall be opened;
iv. Envelope marked as “FINANCIAL PROPOSAL” shall be retained in the custody of the
PMIU without being opened;
v. Technical proposal shall be discussed with all the bidders or their representatives
present together with reference to the PMIU’s technical requirements;
vi. The bidders willing to meet the requirements of the PMIU shall be allowed to revise
their technical proposals following these discussions;
vii. Bidders not willing to conform their technical proposal to the revised requirements
of the PMIU shall be allowed to withdraw their respective bids without forfeiture of
their bid security;

Second Stage

i. Bidders who are willing to conform to the revised technical specifications and whose
bids have not already been rejected shall submit a revised technical proposal and
supplementary;
ii. Financial proposal, according to the revised technical requirement;
iii. Revised technical proposal along with the original financial proposal and
supplementary financial proposal shall be opened at a date, time and venue
announced in advance by the PMIU;

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

The PMIU shall evaluate the whole proposal in accordance with the evaluation
criteria and the bid found to be the lowest evaluated bid shall be accepted.

d. Preparation of comparative Statement

After having completed the evaluation process, the procurement committee shall prepare a
comparative statement showing the ranking of all responsive bidders, with score achieved.

i. Comparative Statement of Technical Evaluation

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PC shall award numbers for the technical aspects of the proposals and prepare a comparative
statement showing ranking of all technically qualified bidders.

ii. Financial Comparative Statement

PC shall award numbers for the financial aspects of the proposals and prepare a
comparative statement showing ranking of all bidders.

e. Announcement of Evaluation Report

As per rule 45,

PC shall announce the results of bid evaluation in the form of a report containing the details of
all received bids, as recorded in the bid record sheet, giving reasons for acceptance or rejection
of bids. The report shall be hoisted on website of the Authority and that of the PMIU and
intimated to all the bidders at least 3 (three) days prior to the award of contract.

F. Acceptance of bids and award of contract of procurement contracts

i. Award of Contract

As per rule 49,

The technically responsive bidder with the lowest evaluated cost, but not necessarily the lowest
submitted price, shall be awarded the procurement contract, within the original or extended
period of bid validity.

ii. Publication of the Award of Contract

As per rule 50,

Within seven days of the award of contract, the PMIU shall publish on the website of the
Authority and on its own website, if such a website exists, the results of the bidding process,
identifying the bid through procurement identifying number, if any, and the following
information:
1. Evaluation Report;
2. Form of Contract and Letter of Award;
3. Bill of Quantities or Schedule of Requirement

iii. Debriefing

As per rule 51,

A bidder may ask the PC for reasons for non-acceptance of his bid and may request for a
debriefing meeting and the procurement committee and give him the reasons for non-
acceptance of his bid, either in writing or by holding a debriefing meeting with such a bidder
at the cost of the bidder.

iv. Entry into Force of the Procurement Contract

As per rule 55,

A procurement contract shall come into force when the PMIU signs a contract, the date on
which the signatures of both the PMIU and the successful bidder are affixed to the written
contract. Such affixing of signatures shall take place within the time prescribed in the
bidding documents.

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Provided that where coming into force of a contract is contingent upon fulfillment of a
certain condition(s), the contract shall take effect from the date whereon such fulfillment
takes place.

11.4. Pre-qualification

The PMIU may consider shortlisting the contractors, suppliers, vendors, consultants or service
providers under the provisions of SPPRA rules for various procurements to perform the functions
to achieve objectives as provided in the approved PC-I. The need and nature of such pre-
qualifications shall be provided in the rolling procurement plan (RPP) of the PMIU. SMP shall be
responsible for undertaking the process for pre-qualifications strictly in accordance with the RPP
through the procurement committee. Since the process for pre-qualification is only in cases of
highly technical nature therefore the procurement committee shall review the requirement and
process.

A. Pre-qualification in case of procurement of goods


a. Situations
As per rule 27(1), the PMIU, may engage in pre-qualification of bidders in the following
cases:
i. In case of contracts for large and complex works and services related to, in which
there are high costs of preparing detailed bids;
ii. in the contracts to be let under turnkey, design and build, or management contract;
iii. In case of expensive and technically complex equipment and works with a view to
ensuring that invitations to bid are extended only to those who have adequate
capabilities, competence and resources.
iv. In case of drugs and services of complex nature.
b. Basis of prequalification
As per rule 27 (2), Pre-qualification of bidders shall be based entirely upon the capability,
competence and resources of the bidders relevant to performance in the particular
assignment, taking into account the following:
i. experience and past performance on similar assignments;
ii. capabilities with respect to construction or manufacturing facilities,
iii. financial capability;
iv. capabilities with respect to personnel, equipment, and plant;
v. appropriate managerial capability; and
vi. any other factor that is relevant to the capability, competence and resources required
for accomplishment of the assignment;
Provided that pre-qualification may be carried out only for specific procurement contract
and shall be applicable only to that particular assignment.
c. Eligibility
As per Rule 29, all interested bidders, national or international, firms and individuals,
shall be allowed to bid for any project where international competitive bidding is adopted;
a. Competition may be restricted only in the following cases;
i. As a matter of law or official regulations, commercial relations are prohibited
with the bidder’s country by the federal government; or
ii. A firm is blacklisted or debarred by the PMIU, and the matter has been

68
reported to the Authority, subject to Rule 35.
b. Government owned enterprises or institutions may participate only if they can
establish that they are;
i. legally and financially autonomous; and
ii. operate under commercial law;
Provided that where government owned universities or research centers in the
country are of a unique and exceptional nature, and their participation is critical to
project implementation, they may be allowed to participate; and
c. For the purposes of Part II of the Rules, bidders shall include all those contractors
or suppliers and providers of services related thereto or consultants that are
registered or incorporated in Pakistan, irrespective of the nationality of their owners
and of their professional staff;
d. There shall be no enlistment or registration of contractors, suppliers and consultants
by any the PMIU, and bidding shall not be restricted in any manner, except as
otherwise provided in these Rules;
Provided that registration with professional institutions in respective fields shall
apply as required by the law.
d. Procedure of Pre-qualification
As per rule 28, to prequalify for bidding on a specific contract or package:
a. Invitation to prequalify on specific contract or package shall be advertised and
notified as per Rules of advertisement and notification described above; Sample of
“Notice for Pre-qualification” is provided in Annexure – XVI.
b. The PMIU shall provide a set of pre-qualification documents containing scope of
contract, a clear set of requirements for qualification and evaluation criteria to any
supplier or contractor, subject to payment of price, if any, which shall not exceed
the limit, as prescribed in Rule 20(2), and shall indicate the time and place where
the documents can be obtained.
Alternatively, if the PMIU does not wish to issue pre-qualification documents, it shall
include the scope of work and a clear set of requirements for pre-qualification and
the evaluation criteria in the notice for pre-qualification;
c. all applicants found capable of carrying out the assignments in accordance with the
approved prequalification criteria shall be prequalified and invited to submit bids;
d. Verification of the information provided by the shortlisted applicants in the
submissions for prequalification may be made. In case the information is found to
be wrong or incorrect in any material way or the applicant is found to be lacking in
the capability or resources to successfully perform the contract, the application shall
not be pre-qualified;
e. The PMIU shall promptly notify each and every applicant, whether or not it has been
pre-qualified; and also make available to any person directly involved in the pre-
qualification process, upon request, the names of all suppliers or contractors who
have been pre-qualified.
f. The PMIU shall, on written request of the applicant(s) communicate to the
applicant(s) the reasons for not pre-qualifying them, though it shall not be obliged
to justify these reasons.
g. Only suppliers or contractors, who have been pre-qualified shall be entitled to
participate further in the procurement proceedings.

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As per Rule 28(2), The PMIU, shall mention, in the pre-qualification documents;
a. All information required for pre-qualification, pertaining to the factors mentioned
at Section 11.4.1(B) of this section above;
b. Instructions for preparation and submission of the pre-qualification documents;
c. Evaluation criteria;
d. List of documentary evidence required from the applicants to demonstrate their
respective qualifications;
e. Any other information that the PMIU deems necessary for pre-qualification.
e. Procedure for disqualification of contractor, vendors, or consultants
As per rule 30,
a. The PMIU shall disqualify a supplier, consultant or contractor, whether already pre-
qualified or not, if it finds at any time, that the information submitted by him
concerning his qualification and professional, technical, financial, legal or
managerial competence as supplier, consultant or contractor, was false and
materially inaccurate or incomplete; or
b. At any stage has indulged in corrupt and fraudulent practices as defined Section
7(v) of this manual;
c. A supplier, contractor or consultant being aggrieved by the decision of the PMIU
regarding disqualification may seek relief through the mechanism of grievance
redressed, mentioned in 11.6. Section of this manual.
B. Pre-qualification of contractors / suppliers in case of procurement of works
As per Regulation 2.13, Pre-qualification of contractors / bidders
Pre-qualification is an assessment made by the PMIU of the appropriate level of experience
and capacity of firms expressing interest in undertaking a particular contract, prior to
issuance of the invitations to bid. This is achieved through the publication of a pre-
qualification notice, the receipt of submissions and the evaluation of submissions against
pre-defined criteria, but its use is not mandatory under the Rules.
A decision on whether or not to use pre-qualification may be made at the procurement
planning stage.
Aim of pre-qualification
The basic aim of the pre-qualification is to eliminate unrealistic, unqualified or
disreputable contractors that are not suitably qualified to perform the contract. Pre-
qualification may not be considered as a substitution of enlistment/or registration
with departments, which has been prohibited in Rule 29(4). Pre-qualification is made
on tender to tender basis and is valid for such project/scheme only.
Prequalification is the basic tool to:
i. Encourage realistic bids by the bidders because they know that they are
competing against qualified bidders who have cleared the minimum competence
criteria;
ii. Assess the interest of the prospective bidders in the bidding process;
iii. Make any adjustments/modifications in the bidding documents if their lack of
interest by the prospective bidders;
iv. Reduce the effort and so the time in evaluation of bids from un-qualified
bidders;
v. Help the interested bidders to evaluate and take stock of their capability;
vi. Consequently to form joint ventures with other firms;

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vii. Reduce the problems associated with low priced bids from bidders of doubtful
capability and;
viii. Help the prospective bidders who are insufficiently qualified and where the
preparation of detailed tenders can be costly which may discourage competition if
the interested bidders feel that they are competing against a large number of
bidders.
11.4.1 Case where pre-qualification of Suppliers and Contractors
The PMIU, may engage in pre-qualification of bidders in the following cases:
a) In case of contracts for large and complex works and services related to, in which
there are high costs of preparing detailed bids;
b) In the contracts to be let under turnkey, design and build, or management
contract;
c) In case of expensive and technically complex equipment and works with a view to
ensuring that invitations to bid are extended only to those who have adequate
capabilities, competence and resources;
d) In case of drugs and services of complex nature.

11.4.2 Basis for prequalification


As per rule 27 (2),
The pre-qualification of bidders shall be based entirely upon the capability,
competence and resources of the bidders relevant to performance in the particular
assignment, taking into account the following:
a) Experience and past performance on similar assignments;
b) Capabilities with respect to construction or manufacturing facilities,
c) Financial capability;
d) Capabilities with respect to personnel, equipment, and plant;
e) Appropriate managerial capability; and
f) Any other factor that is relevant to the capability, competence and resources
required for accomplishment of the assignment;
Provided that pre-qualification may be carried out only for specific procurement
contract and shall be applicable only to that particular assignment.
11.4.2.1 Evaluation Criteria
As per Regulation 2.16,
Evaluation Criteria
The information / documents required shall include but not limited to following:
1. Evaluation criteria based on quantification (In this method marks are assigned
for each sub-criteria as mentioned in NITs & minimum threshold or percentage of
marks required is to be mentioned for qualification)
i. Experience and past performance
Successful experience as prime contractor in the execution of at least one to three
projects within the last five years:
a. Of similar nature and complexity comparable to the proposed contract(s);

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b. In similar site/geographical condition;
ii. Personnel Capabilities
Requirement will vary from project to project. However, following factors should be
given due consideration:
a. For Key Positions
 Academic qualification
 BE / B.Sc. Engineering or equivalent qualification approved by PEC.
 Experience
 2 or more similar projects
 5 to 10 years
b. For other Engineering Positions

 Academic qualification
 BE/B.Sc. Engineering or equivalent qualification approved by PEC.
 Experience
 1 or more similar projects - 3 to 5 years
c. For other Positions
PMIU shall assess and specify the experience & qualification
requirements for other positions.

iii. Registration / Enlistment:


The contractors of engineering works shall be registered with PEC as per table given
below, however, any unregistered contractors can perform the works, up to 2.5
million only.
Limit of construction cost
Constructor‘s Category of the project up to
(million rupees)

C-A No Limit

C-B 2,000

C-1 1,000

C-2 500

C-3 250

C-4 100

C-5 30

C-6 15

Unregistered 2.5

iv. Equipment Capability


The PMIU should specify critical equipment required for the project. High value
equipment maybe available with contractor on ownership basis, lease or hire.
However the same shall be subject to achievement of project targets without
abnormal failures.

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v. Financial
Documentary evidence of financial position, e.g.: a bank statement or audited
accounts of the last two to three years. Annual turnover for construction be either
equal or twice the estimated cost of project.
vi. Other information.
Litigation history and arbitration with government departments and their outcome.
Black listing (if any).

Provided that:
i. Pre-qualification may be carried out for specific procurement /
package / scheme / contact or project and will not be applicable for
other schemes/contracts.

The qualification of the contractors will cease with completion of such


project/scheme.
ii. Applicants meeting the eligibility and minimum requirements
mentioned in Para 2.16 besides other factors shall be considered for
pre-qualification.
iii. No compromise shall be made on key personnel, academic
qualification and experience. History of excessive contract arbitrations
and litigation resulting in decision against the applicant can be
considered sufficient grounds for disqualification.
2. Evaluation criteria based on Yes / No or Pass / Fail

In this system is made on knockout basis, thus if bidder fails to obtain yes or
pass in any sub criteria then he / it shall not be prequalified. (Refer Annexure
D for better understanding).

11.4.2.2 Eligibility
As per Rule 29,
All interested bidders, national or international, firms and individuals, shall be allowed to
bid for any project where international competitive bidding is adopted;
a. Competition may be restricted only in the following cases;
i. As a matter of law or official regulations, commercial relations are prohibited
with the bidder’s country by the federal government; or
ii. A firm is blacklisted or debarred by the PMIU, and the matter has been reported
to the Authority, subject to Rule 35.
b. Government owned enterprises or institutions may participate only if they can
establish that they are;
i. Legally and financially autonomous; and
ii. Operate under commercial law;
Provided that where government owned universities or research centers in the
country are of a unique and exceptional nature, and their participation is critical
to project implementation, they may be allowed to participate; and

73
c. For the purposes of Part II (procurement of goods and works) of the Rules, bidders
shall include all those contractors or suppliers and providers of services related thereto
or consultants that are registered or incorporated in Pakistan, irrespective of the
nationality of their owners and of their professional staff;
d. There shall be no enlistment or registration of contractors, suppliers and consultants
by any the PMIU, and bidding shall not be restricted in any manner, except as
otherwise provided in these Rules;
Provided that registration with professional institutions in respective fields shall apply
as required by the law.

11.4.2.3 Procedure for Prequalification


I. Steps for pre-qualification,

As per regulation 2.16 and rule 28:


i. Prequalification Notice:
The PMIU will prepare in line with instructions mentioned under the heading
―Methods of Advertisement” (Rule 17) and advertised with mandatory
requirements for qualification.
ii. Pre-qualification documents.
The PMIU shall either mention the required details including Evaluation
Criteria in the Prequalification Notice or provide a set of Prequalification
documents including the data sheet, the qualification criteria and a description
of the type of works to which the pre-qualification applies at a cost not exceeding
the cost of printing and preparation, containing the following details, but not
limited to:-
a) Instructions to applicants for preparation and submission of the pre-
qualification documents;
b) Designation, address, Telephone and Fax No: of PMIU;
c) Date, Time and Place of obtaining and submissions of Applications are
clearly mentioned;
d) Scope of Contract;
e) Source of funding;
f) Short listing criteria;
g) Cost of Documents;
h) List of Documents required from contractors such as:-

S. No. Category Form


1. Company Name Form I:
Application on the letter pad of the
firm/contractor.
Form II:
General Information about individual
firm and each partner in case of a joint
venture.
2. Financial Form III:

74
S. No. Category Form
Annual Turnover Data for last three
years/financial stability;
Form IV:
Summary of Current Contracts
Commitments & Works in Progress.
Form V:
Financial Turn-over for last three
years.
3. Experience and Form VI:
Past
Experience in Contracts of Similar
Performance Nature.
Form VII:
Experience in Contracts of Similar
Site/Geographical Condition.
Form VIII:
Performance Certificates of Projects
completed.
4. Personal Form IX:
capabilities
Personnel/Staff Proposed for the Project.
Form X:
Experience Summary of Key Personnel
of the Project.
5. Equipment Form XI:
Capability
Equipment available with the contractor
for the Project.
6. Any other Form XII:
information.
Undertaking regarding Litigations and
Black listing

iii. Applicants found capable of performing the work satisfactorily in accordance


with the evaluation criteria set forth in the notices or bidding document shall be
prequalified and shall be invited to submit bids; the PMIU shall prepare the
“Evaluation Report for Pre-qualification”, sample report is provided in Annexure
– XVII.
iv. Conditional Pre-qualification: an applicant may be conditionally pre-qualified
if the application has minor flaws or deficiencies in meeting one or more
requirements that can be easily redressed before the deadline for submission of
bid with the prior approval of the procurement committee;
v. In such cases the participation of the applicant in the bids shall be conditional on
its meeting the requirements imposed on it in the “conditional pre-qualification;”

75
vi. Verification of the information provided in the submission for pre-qualification
shall be made also at the time of award of contract, and award may be denied
to a bidder that is judged to lack the capability or resources to successfully
perform the contract;
vii. The PMIU shall promptly notify each and every applicant or firm submitting an
application for pre-qualification, regarding its status of pre-qualification;
viii. The PMIU shall make available to any applicant directly involved in the
prequalification process, upon request, the names of all suppliers or contractors
who have been pre-qualified;
ix. The PMIU shall provide on the request of applicant(s), the reasons for not
prequalifying them, but it shall not be obliged to justify these reasons;
x. The PMIU can cancel the pre-qualification process at any stage;
xi. In the case of rejection of all applications or due to poor response, PMIU shall
take the following action:-
If, after review, the contents of the advertisement are not found satisfactory,
the PMIU shall re-advertise the revised invitation;
A copy of the approved pre-qualification document shall be retained on the
procurement file.
The procurement file shall also contain record of:
i. The interested bidders to whom the pre-qualification document was
issued;
ii. The interested bidders submitting applications;
iii. The evaluation of applications; and
iv. The list of pre-qualified bidders.

II. Verification of the Contractors Qualifications.


As per regulation 2.17, the PMIIU, at any stage of the procurement proceedings,
having credible reasons for or prima facie evidence of any defect in contractor‘s
capacities, may require the contractor(s) to provide information concerning its/his
qualification and professional, technical, financial, legal or managerial competence
whether already pre-qualified or not.
In case of already pre-qualified contractor, PMIU may ask him to provide additional
or update information which may include the following:
i. Financial predictions for the current year and the following two years,
including the effect of known commitments;
ii. Work commitments since prequalification;
iii. Current litigation information; and
iv. Availability of critical equipment.

76
11.4.2.4 Disqualification of Suppliers, Contractors and Consultants

As per Rule 30 and regulation 2.18:


The PMIU shall disqualify a supplier, consultant or contractor, whether already pre-
qualified or not, if it finds at any time:
i. That the information submitted by him concerning his qualification and professional,
technical, financial, legal or managerial competence as supplier, consultant or
contractor, was false and materially inaccurate or incomplete; or and in such case
the grounds for disqualification shall be clearly mentioned in the Evaluation report,
ii. At any stage has indulged in corrupt and fraudulent practices;
However, in case of incomplete information, the PMIU shall afford the opportunity
to the applicant to furnish the required information before making any decision
regarding disqualification. The grounds for disqualification shall be clearly
mentioned either in the evaluation report or in the disqualification order.
A supplier, contractor or consultant being aggrieved by the decision of the PMIU
regarding disqualification may seek relief through the mechanism of grievance
redressed, given 11.6. Section of this manual.

77
11.5. Procurement of Consultancy services

A. Selection Committee

As per rule 67,

The PMIU shall constitute a Consultant Selection Committee for the selection of consultant(s),
which shall be headed by the PD and consist of following as members;

i. Nominee of the Planning & Development Department not below the rank of BS-18;
ii. Nominee of the Finance Department not below the rank of BS-18;
iii. A representative of the PMIU not below the rank of BS-18 to act as member cum secretary;
iv. One technical member from the concerned departments for consultation having adequate
experience in the relevant field not below the rank of BS-18 or equivalent;
Example:

Consulting Field Concerned Department

Civil works, Engineering designs, Works & Services


Works and services

Public Private Partnership Social Welfare and Community


Advocacy, Community Development
mobilization

v. Co-opted member(s) – The Consultants Selection Committee, with the approval of its
Chairperson, can co-opt up to two members, having adequate technical knowledge and
experience in the relevant field, for providing technical input to the committee provided
that such members:
 Shall have no voting rights,
 Shall have no conflict of interest in the procurement process.
B. Proceedings of Selection Committee

As per Rule 68,

Quorum: The chairman and two principal representatives from Finance and the Planning and
Development Departments shall form the mandatory quorum for conducting the business of the
committee.

As per Rule 71, the Consultants Selection Committee shall perform the following functions:

i. Approval of Request For Proposal and Request For Expression of Interest before issuance;
ii. Short listing of consultants, responding to the Request for Expression of Interest, where
applicable, in accordance with the criteria mentioned in Request for Expression of
Interest;
iii. Evaluation of technical and financial proposals, according to the selection method and
evaluation criteria, mentioned in the Request for Proposal;
iv. Finalization of recommendation based on evaluation as mentioned at sub-para (iii)
above;
v. All decision of the consultants Selections Committee shall be made by simple majority.
C. Methods of selection of Consultants

As per rule 72, the selection system shall be determined by the PMIU prior to issuance of the
Request for Proposals from interested consultants. The PMIU may adopt one of the following
methods for selection of consultants, keeping in view nature of the assignment:

78
i. Least Cost Selection Method

a. The PMIU shall adopt this method for assignments of standard or routine nature where
well-established practices and standards are already available;
b. Under this method, financial proposals of only technically qualified firms shall be
opened.
c. The firm with the lowest quoted cost or bid shall be selected.
d. The PMIU may adopt any other method as deemed fit with reason to be recorded in
writing by the competent authority.
ii. Quality Based Selection Method

a. The PMIU shall use this method only in case of highly specialized, innovative and
complex assignments, where quality is the only factor taken into consideration.
b. In Quality Based Selection method the technical proposal which attains the highest
score according to the criteria mentioned in the bidding documents shall be selected
without any consideration for cost.
c. The selected firm shall be asked to submit its financial proposal and invited to
negotiate the financial proposal and the contract.
iii. Quality and Cost Based Selection Method –

The PMIU shall use this method only where;

a. The Terms of Reference are well-defined and Quality is of prime consideration, while
cost is a secondary consideration;
b. The firm which attains the highest combined weighted technical and financial score
according to the criteria mentioned in the bidding documents shall be selected.
iv. Direct Selection Method –

The PMIU shall use this method only if all or any of the following conditions exists:

a. For tasks which are natural continuation of previous assignment and where continuity
of technical services is required;
b. For assignments worth less than rupees one hundred thousand;
c. In cases of emergency;
d. Where only one consultant is qualified or has experience of exceptional worth.
v. Fixed Budget

The PMIU shall use this method used only when all of the following conditions exist:

a. In the case:

i. assignment is simple;
ii. can be precisely defined;
iii. budget is fixed;

b. The Request for Proposal shall indicate the available budget. Proposals that exceed
the indicated budget shall be rejected;

c. The ranking shall be based only on evaluation of technical proposals of the qualified
bidders.
vi. Design Contest

The PMIU shall use this method only for projects and sub-projects where aesthetic
component is of prime consideration. The PMIU shall invite consultants to submit a financial
proposal and present a plan or design for the project based on a concept or criteria provided
by it. The financial proposal of the top-ranked consultant shall only be opened.

79
vii. Consultant’s Qualifications Selection Method –

a. The PMIU shall use this method only for small consultancies for which the cost of a full-
fledged selection process would not be justified.
b. Consulting firm is selected at the stage of Expression of Interest on the basis of criteria
mentioned in the Request for Expression of Interest.
c. The selected firm is asked to submit a technical and financial proposal, in single
envelope, and then invited to negotiate the contract.
viii. Selection Process of Individual Consultants

a. The PMIU shall adopt this method only if all or any of the following conditions exist:

i. The scope of work is such that teams of personnel are not required;
ii. No additional professional support is required;
iii. The experience and qualifications of the individual are the paramount
requirement.

b. Individual consultants may not be required to submit proposals, and may be selected
on the basis of the evaluation of their curriculum vitae. Interviews may be set up for
selection under this method.
D. Steps in Selection Process
As per rule 66,
Depending on the selection method adopted, the PMIU shall undertake the following steps
for procurement of consulting services, individuals or firms, but not limited to:
a. Pre-procurement Activities
i. Preparation of the Terms of Reference of the assignment;
ii. Preparation of the cost estimate or budget of the assignment;
b. Procurement Activities
i. Public advertisement of Request for Expressions of Interest; Sample of Request
for Expression is provided in Annexure – XVIII.
ii. Short-listing of consultants;
iii. Preparation and issuance of the Request for Proposal to the shortlisted consultants;
Sample of Request for Proposal is provided in Annexure – XIX.
iv. Preparation and submission of proposals by consultants;
v. Evaluation of technical proposals as per criteria given in the Request for Proposal;
vi. Opening and evaluation of financial proposals as per criteria given in the Request
for Proposal;
vii. Contract negotiations, as provided in the selection method;
viii. Award and signing of the contract between the PMIU and the consultant.

Quality Direct Fixed


Least Quality Design Consultants’ Individual
and Selection Budget
Requirement Cost Based Contest Qualification Consultant
cost Method Cost

Public advertisement of
Request for Expressions        
of Interest

80
Quality Direct Fixed
Least Quality Design Consultants’ Individual
and Selection Budget
Requirement Cost Based Contest Qualification Consultant
cost Method Cost

Short-listing of
       
consultants

Preparation and issuance


of the Request for
       
Proposal to the
shortlisted consultants

Preparation and
submission of proposals        
by consultants

Evaluation of technical
proposals as per criteria
       
given in the Request for
Proposal

Opening and evaluation


of financial proposals as
       
per criteria given in the
Request for Proposal

Contract negotiations, as
provided in the selection        *
method

Award and signing of the


contract between the        
PMIU and the consultant

*selection after interview on the basis CV only.

E. Pre-Procurement Activities

a. Preparation of TORs

The section requiring services shall send request to the HR section with details of the services
required i.e. qualification, experience, duration of service required. The HR section shall
prepare the detailed TORs in consultation with requisitioning section for the required services
which shall be part of Request for Proposal document or Request for Expression of Interest. if
required, a person or firm specialized in the area of assignment may be engaged by the PD to
prepare the TOR.

The TOR normally comprises the following sections:

i. Program background
ii. Objectives of the assignment
iii. Overall Scope of services required
iv. Capacity-building program or training, if any

81
v. List of reports, schedule of deliveries, and period of performance
vi. Data, local services, personnel, and facilities to be provided by the program.
vii. Institutional and organization arrangements.

If transfer of knowledge or training is an objective, it should be specifically outlined along with


details of number of staff to be trained, and so forth, to enable consultants to estimate the
required resources.

TOR shall list the services and surveys necessary to carry out the assignment and the
expected outputs (for example, reports, data, maps, surveys).

The responsibilities of PMIU or facilities that will be provided by the PMIU should be clearly
stated in the TOR.

Sample of Terms for Reference for Consultant is provided in Annexure – XX.

b. Preparation of the cost estimate or budget of the assignment

i. A through and realistic cost estimates to be prepared for each procurement based on the
TORs and period of engagement.

ii. Previous completed similar assignment may be taken as example for the estimation
purpose such as the need for:

I. Professional staff,
II. Support staff,
III. Logistical support, and
IV. Physical inputs (for example, vehicles, laboratory equipment).

i. The cost shall be divided into two categories during estimation:

a) Fee or remuneration; and


b) Reimbursable or out of pocket expenses.

ii. In general, the cost estimate is directly proportional to the TOR for service. For
a general idea about calculating the cost estimate the following breakdown
needs to be done to find out the total cost.

Sample for Preparation of cost estimate or budget of the assignment is provided in Annexure
– XXI.
F. Procurement Activities
i. Public Advertisement of request for Expression of Interest
a. As per Rule 73, Request for Expressions of Interest shall be advertised or
announced by the PMIU in accordance with the Section 11.3.2. of the manual.
b. As per Rule 73(1): Request for Expression of Interest shall contain the following
information:
 Name and address of the PMIU;
 Appropriate description of the assignment providing scope of the intellectual
and professional services required;
 Deadline and place of the submission of Request for Expression of Interests;
 Criteria for short listing;
 Any other information that the PMIU may deem appropriate to disseminate at
this stage.
ii. Shortlisting

As per Rule 74 (1), the PMIU shall short list the applicants according to a pre-
determined criteria mentioned in the Request for Expression of Interest.

82
As per Rule 74 (2), the PMIU while engaged in short listing of consultants shall take
into consideration the following factors:

i. Qualification;
ii. Experience;
iii. Financial capability; and
iv. Any other factor that the PMIU may deem relevant not inconsistent with these
Rules.

Sample for format for short listing is provided in Annexure – XXII.


iii. Issuance of request for proposal

As per Rule 75 (1), the PMIU shall use Request for Proposal for seeking proposals
from the shortlisted consultants, which shall include the following:

a. Letter of Invitation - It shall mention the name and address of the PMIU and
shall also state the intention of the PMIU to enter into a contract for provision
of consulting services and contain names of all the short listed firms;
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 - It shall define the objectives, goals and scope of the
assignment unambiguously and list the deliverables, services and surveys
necessary to carry out the assignment and expected outputs. Terms of
Reference are to be read along with the conditions mentioned in the Form of
Contract;

d. Form of Contract - Form of contract is a draft contract agreement which


includes all general and special conditions of contract;

e. Evaluation Criteria - Except as otherwise provided, the evaluation of proposals


shall be carried out giving due consideration to quality and cost;

f. Types of Contract - The PMIU may use one of the following types of contract:

i. Lump sum contract shall be used mainly for assignments in which the
contents, duration of the services and the required output are
unambiguously defined;

ii. Time based contract shall be used when it is difficult to define the scope
and the length of services;

iii. Hourly or daily rates contract shall 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 types of contracts,
including out of pocket expenses, where required.

g. Special provisions - The PMIU may specify any other requirement related to
the assignment or contract, where required.

As per Rule No. 75 (2), the PMIU shall invite the interested consultants to submit
their technical and financial proposals in separate sealed envelopes. The PMIU
shall give deadline for submission of proposals. Consultants shall be given
adequate time in which to prepare their proposals which shall not be less than
15 days for National Competitive Bidding and 45 days for International
Competitive Bidding.

83
iv. Preparation and submission of proposals
v. Evaluation of technical proposals

As per Rule 76: Criteria for Evaluation of Quality of Consulting Services Evaluation
criteria shall include, but shall not be limited to the following;

a. Specialization: Consultants’ specialized skills and access to particular


technologies related to the assignment;

b. Experience: Experience: Consultants’ experience and past performance on


similar contracts or assignments and in similar geographical conditions;

c. Financial Capability: Financial capability of the consulting firms may be


evaluated with a view to ensuring that they can complete the assigned task in
a timely manner;

d. Understanding of the Assignment: Consultant’s understanding of the


assignment is a very important consideration for evaluation;

e. Proposed Methodology. Methodology proposed by the consultants shall be


evaluated for its innovativeness and soundness;

f. Quality Management: Availability of a well-established Quality Management


system may be taken into account for large and complex assignments.

Sample of Evaluation Criteria Report is provided in Annexure – XXIII.


vi. Opening and evaluation of financial proposals

Once the Technical Evaluation is approved financial proposal will be opened in public
where the program needs to invite all the consultants who scored more than the
minimum required threshold. The opening date shall be defined by allowing sufficient
time for the consultants to attend the opening. At the same time other remaining
consultants shall be also needed to be informed that their proposals did not meet the
minimum qualifying mark and their financial proposals will be returned unopened after
the signature of the contract.

The name of the consultant, the technical scores, and the proposed prices shall be read
aloud and recorded when the financial proposals are opened.

Sample of Comparative Statement of Financial Proposal is provided in Annexure –


XXIV.
vii. Contract negotiation

PMIU may enter into negotiation with the consultant.


viii. Contract awarding and signing

84
Flowchart 5

85
11.6. Redressal of Grievances and Settlement of Disputes

A. Constitution of committee

The PMIU shall constitute a committee for redressal of grievances, if any received during
the process of the procurement under Rule 31.

Such Committee shall comprise of members in odd number with appropriate powers and
authorizations, to address the complaints of bidders that may occur during the procurement
proceedings.

B. The Composition of Committee

The committee shall be headed by the Program Director being head of the PMIU and shall
include the following;

(a) District Accounts Officer, or his representative, in case of the local governments or
provincial line departments at district level, or a representative of the Accountant
General, Sindh in case of Government departments at the provincial level;
(b) An independent professional from the relevant field concerning the procurement
process in question, to be nominated by the head of the PMIU

Notification of “Complaint Redressal Committee” is provided in Annexure – XXV.

C. Complaint

Any bidder being aggrieved by any act or decision of the PMIU after the issuance of notice
inviting tender may lodge a written complaint.

D. Proceedings & Decisions

Upon receiving the complaint from any bidder the complaint redressal committee may take
any of the following actions, if satisfied with contents of the complaint;
 Prohibit the procurement committee from acting or deciding in a manner, inconsistent
with the rules and regulations;
 Annul in whole or in part, any unauthorized act or decision of the procurement
committee; and
 Recommend to the Head of Department that the case be declared a mis-procurement
if material violation of Act, Rules, Regulations, orders, instructions or any other law
relating to public procurement, has been established;
 Reverse any decision of the procurement committee or substitute the decision of the
procurement committee, wholly or partly, with the decision of the CRC.
a. After due examination of the complaint, the committee shall announce its decision
within seven days of the receipt of the complaint.
b. The PMIU shall announce its decision within seven days and intimate the same to
bidder and Authority within three working days.
c. In case of failure of the committee to decide the complaint within seven days, the
complaint shall stand transferred to the Review Committee which shall dispose of
the complaint in accordance with the procedure laid down in the rule 32t;
d. The CRC shall not make any decision to award the contract itself;
e. The PMIU shall award the contract after the decision of the complaint redressal
committee;
f. Mere fact of lodging of a complaint shall not warrant suspension of the procurement
proceedings by the PMIU unless so directed by the Committee.

86
E. Appeal

As per Rule 32, a bidder not satisfied with decision of the procuring agency’s complaint
redressal committee may lodge an appeal to the Review Committee provided that he has
not withdrawn the bid security, if any, deposited by him who shall refer the matter to a
review panel as per Rule ;

i. Filing of Appeal

A bidder may file an appeal to the Review Committee provided;

 That the bidder has exhausted his complaint to the complaint redressal committee;
and
 That he has not withdrawn the bid security deposited by him during the
procurement process.

ii. Documentation

The bidder must submit the following documents to the Review Committee:
a. a letter stating his wish to appeal to the Review Panel and the nature of
complaint;
b. a copy of the complaint earlier submitted to the complaint redressal
committee of the Department and all supporting documents in a sealed
envelope; and
c. Copy of the decision of Procuring Agency / Complaint Redressal Committee.

iii. Review Committee Constitution, Proceedings and Time Limitation


Review Committee shall comprise the following:

a. Managing Director; who the chairperson of the Board


b. Director General Audit Sindh or his nominee not below the rank of BS-19;
c. Two private members represented on the SPPRA Board; selected by the
board for a period not exceeding 2 years;
d. An independent professional having expertise of relevant field concerning the
procurement in question. He / she shall be nominated by the Managing
Director for each reference and paid remuneration for attending the meeting
of Review Committee at a rate prescribed by the Authority from time to time.

Proceedings:

 Upon receipt of an appeal, the Chairperson shall convene a Review Committee


within seven working days;
 It shall be mandatory for the appellant and the head of PMIU or his nominee
not below the rank of BS-19 to appear before the Review Committee as and
when called and produce the documents if required;
 The Review Committee shall hear the parties and announce its decision within
ten working days of submission of appeal.

iv. Actions of Review Panel

The Review Panel may take any of the following actions:

a. Recommends dismissal of an appeal being frivolous, in which case the bidder


may lose the bid security deposited with the procuring agency;

87
b. Reject the reference, stating its reason;
c. State the rules or principles that govern the subject matter of the complaint;
d. Point out the infirmities and breach of rules and regulations by the PMIU;
e. Annul in whole or in part of a non-compliant act or decision of PMIU, other than any
act or decision bringing the procurement contract into force;
f. If the PMIU is in breach of its obligations under the Act, Rules or Regulations,
orders the payment of compensation by the officer(s) responsible for MIS-
procurement for cost incurred by the bidder on preparation of bid,
g. Direct that the procurement proceedings may be terminated, in case the
procurement contract has not been signed.
h. Declare the case to be one of MIS-procurement if material violation of Act,
Rules, Regulations, orders, instructions or any other law relating to public
procurement, has been established.
v. Decision of Review Committee

a. On completion of the proceedings as provided above, the Decision of the Review


Committee shall be final and binding upon the procuring agency.
b. After the decision has been announced, the appeal and the decision thereof
shall be hoisted by the Authority on its website.
11.7. Arbitration
After coming into force of the procurement contracts, disputes between the parties to the
contract shall be settled through arbitration. Every contract executed by the PMIU shall
have specific class for the purpose of arbitration in case of any dispute between the parties
which are not mentioned otherwise in the contract.

The PMIU shall provide for a method of arbitration in the procurement contract, not
inconsistent with the laws for the time being in force in Pakistan.

88
12. Annexures
Annexure – I: Notice of Procurement Committee

89
Annexure – II: Sample of Minutes

Sindh Basic Education Program


Program Management and Implementation Unit

2. Meeting Details
Date:
Time:
Participants:

S. no. Name Signature

3. Meeting Notes

# Note

90
Annexure – III A: Format of Procurement plan for Development work

Sindh Basic Education Program


Program Management and Implementation Unit

S. Name of Allocated Cost of Funds Cost of Funds Nature Method of Anticipated/ Anticipated Anticipated
No/ Scheme Funds ongoing earmark for Procurem / Actual /Actual
New of Actual Date of
ADP & works ed for New ent Date of Date of
works Procure
No* Estimat (Expendi ongoing works Advertisement Start Completion
(compon ment
ed Cost ture works (c-e)
ents)
already
incurred)

A B C D E F G H I J K L

1.

2.

3.

91
Annexure – III B: Format of Procurement plan for Non-Development work

Sindh Basic Education Program


Program Management and Implementation Unit

S Fund Name Alloca Items to Method Anticipat Anticip Anticipat Remarks


. Head of ted be of ed ated ed
# & Sub work Fund execute Procure /Actual /Actua /Actual
head and s and d ment Date of l Date Date
brea break Advertise of of
k up up ment Completi
Start
for on
differ
A B ent C D E F G H I
locati E
1 ons
. /sites

2
.

3
.

92
Annexure – IV: Sample of Indent / Requisition Form

Sindh Basic Education Program


Program Management and Implementation Unit

Indent/ Requisition Form

Indent No: ________________

Date: _____________________

Indenter’s Designation &Address, Telephone, Fax Numbers.

Head of Account &


S No Detail description of item(s) Quantity required
Budget Allocation

2
3

Date by which goods / services are required: ______________


Name & Designation of the requisitionist: _________________________

Signature: __________________________________

Acknowledged by: Approved by:

_________________________________ _________________________________
Senior Manager Procurement Program Director

93
Annexure – V: Sample format for Request for Quotation

Sindh Basic Education Program


Program Management and Implementation Unit

REQUEST FOR QUOTATION

Description:

[Description of the PMIU and any other details]

Item # Description Qty

Program Director
Sindh Basic Education Program
School Education & Literacy Department
Government of Sindh

94
Annexure – VI: Sample format for Comparative Statement

Sindh Basic Education Program


Program Management and Implementation Unit

Comparison
Final Remarks and
Firm/Bidder’s Tender with Recommendations
S. No. Name Engineering Ranking
Cost
Estimate

1 Firm A

2 Firm B

3 Firm C

Signature of authorization:

95
Annexure – VII: Sample format for Purchase Order

Sindh Basic Education Program


Program Management and Implementation Unit

Date:

PO Number:

Vendor
[Company Name]
[Contact or Department]
[Street address]
[City, st. ZIP]
Phone:

Item # Description Qty Unit Price Total

Comments / or special Instruction Subtotal

Shipping

Other

Total

96
Annexure – VIII A: Sample of Good Receiving Note

Sindh Basic Education Program


Program Management and Implementation Unit

Goods Receiving Note

Item # Description Qty As per P.O As Received

Signature of the Admin Officer:

Signature of the User Department:

Signature of Quality Inspector:

97
Annexure – VIIIB: Sample of Quality Inspection Report

Sindh Basic Education Program


Program Management and Implementation Unit

Quality Inspection Report

Item # Description Quantity Remarks


received

Signature of Quality Inspector:

98
Annexure – IX: Sample of Inventory Register

Sindh Basic Education Program


Program Management and Implementation Unit

Inventory Register

Item Contract Date of Issued to


S. Item Date of
Identification Number Receiving Warranty Name & Signature
No Description receiving
Number & Date the store Designation

99
Annexure – X: Sample of Letter of Invitation

Notice Inviting Tender for Single Stage One Envelope Procedure

Sindh Basic Education Program (SBEP) Government of Sindh has received funds from
Province/Federal/Loan/Grant /Self for the Project/Scheme cited above with Scope, Estimated
Cost and duration of project are as under:-

(i) Scope: ((Insert the scope).


(ii) Estimate Cost: (Insert the Cost).
(iii) Scheme/Project Period: (Insert the Period).
(iv) Bid Security: 2% of the Bid value

Program Management & Implementation Unit of SBEP is inviting bids from interested firms,
suppliers, contractors and service providers to for the above mentioned scope of work. The
bidding documents shall be issued from (Insert Date & Time) and must be submitted on the
address mentioned herein below on or before (Insert Time) on (Insert Date).

3. Eligibility.
Valid Registration with Pakistan Engineering Council and Tax Authorities of Pakistan

4. Required Documents: Bid must include following details/documents:-


(A) Profile of Firm:
(i) Name, address, telephone, fax numbers and e-mail address of firm;
(ii) Ownership and Organizational Structure of the firm.
(iii) Year of Establishment.
(B) Experience and past performance.

(i) Firm / Contractor having experience of 7 similar assignments with cost,


under-taken in the past 5 years;

(ii) Having 3 assignments of similar site/geographical condition

Performance certificates of assignments /projects completion are to be


attached.

(C) Financial.
(i) Documentary evidence of financial position, e.g., a bank statement or
Audited accounts of the last three years.
(ii) Annual turnover of the last three years not below 10 Millions/ years.
(iii) Income tax return for the last three years.
(E) Information.
(i) Details of disputes/litigation or arbitration with client(s) if any

(ii) Affidavit that firm has never been blacklisted, debarred from any
Government organization.
5. Evaluation Criteria:
(i) Applications with required documents attached shall be evaluated on Pass or

Fail/Yes or No basis (check list); any firm having one, ‘No’ shall be declared
non responsive. The contract shall be awarded to lowest among the responsive
bidder.

100
(ii) Applications of black listed firms shall not be considered;

(iii) PMIU –SBEP shall disqualify the applicant if, at any stage, it finds that the
information submitted for qualification was either significantly inaccurate or
incomplete.

6. Interested firms should address their inquiries and submit their bid to the
following: -
Address :

Telephone No :

E-mail Address :

Fax No. :

7. PMIU may reject all or any bid subject to the relevant provisions of Sindh Public
Procurement Rules 2010.

Program Director
PMIU-SBEP

101
Annexure – XI: Sample of Data Sheet

Sindh Basic Education Program


Program Management and Implementation Unit

Method of Tick
procurement Date & Time of Opening of Bids:
1. Single Stage - One
Envelop
2. Single Stage - Two
Envelops
3. Two Stage - One
Envelop
4. Two Stage - Two
Envelops

Dates of
Submission Bid Opening
Corre
ctions
or
Na deleti
me Nam Tot Un ons in
& e of al it unit
Add auth Am Deta rat rates
ress orize oun Alter ils of es or
of Ori d t of Any nativ bid of amou
S. the gin Modifi withd Perso bid Modifi e Disc secu BO nt in
no firm al cation rawal n * cation Bids ount rity* Q* BOQ

102
Signatures of All member of PC:

S. No. Name of the member Signature

103
Annexure – XII: Sample of Integrity Pact

Integrity Pact

DECLARATION OF FEES, COMMISSION AND BROKERAGE ETC.

PAYABLE BY THE SUPPLIERS/CONTRACTORS/CONSULTANTS.

Contract Number: ________________________ Dated: ___________________

Contract Value: ________________________

Contract Title: ________________________

___[Name of Supplier/Contractor/Consultant]____ hereby declares that it has not obtained


or induced the procurement of any contract, right, interest, privilege or other obligation or
benefit from Government of Sindh (GoS) or any administrative subdivision or agency thereof
or any other entity owned or controlled by it (GoS) through any corrupt business practice.

Without limiting the generality of the foregoing, [Name of Supplier/Contractor/Consultant]___

represents and warrants that it has fully declared the brokerage, commission, fees etc. paid or
payable to anyone and not given or agreed to give and shall not give or agree to give to anyone
within or outside Pakistan either directly or indirectly through any natural or juridical person,
including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder,
sponsor or subsidiary, any commission, gratification, bribe, finder’s fee or kickback, whether
described as consultation fee or otherwise, with the object of obtaining or inducing the
procurement of a contract, right, interest, privilege or other obligation or benefit, in
whatsoever form, from PMIU-SBEP, except that which has been expressly declared pursuant
hereto.

[Name of Supplier/Contractor/Consultant] certifies that it has made and will make full

Disclosure of all agreements and arrangements with all persons in respect of or related to the
transaction with PMIU-SBEP and has not taken any action or will not take any action to
circumvent the above declaration, representation or warranty.

104
[Name of Supplier/Contractor/Consultant] accepts full responsibility and strict liability for

Making any false declaration, not making full disclosure, misrepresenting facts or taking any
action likely to defeat the purpose of this declaration, representation and warranty. It agrees
that any contract, right, interest , privilege or other obligation or benefit obtained or procured
as aforesaid shall, without prejudice to any other right and remedies available to PMIU-SBEP
under any law, contract or other instrument, be voidable at the option of PMIU-SBEP.

Notwithstanding any rights and remedies exercised by PMIU-SBEP in this regard, [Name of
Supplier/Contractor/Consultant] agrees to indemnify PMIU-SBEP for any loss or damage

Incurred by it on account of its corrupt business practices and further pay compensation to
PMIU-SBEP in an amount equivalent to ten time the sum of any commission, gratification,

Bribe, finder’s fee or kickback given by [Name of Supplier/Contractor/Consultant] as


aforesaid for the purpose of obtaining or inducing the procurement of any contract, right,
interest, privilege or other obligation or benefit, in whatsoever form, from PMIU-SBEP.

_____________________________ _____________________________

Program Director
PM U-SBEP [Supplier /Contractor/Consultant]

105
Annexure – XIII: Sample of Bid Record Sheet

Sindh Basic Education Program


Program Management and Implementation Unit

Date & Time of Opening of Bids:

Method of Tick
procurement
1. Single Stage - One
Envelop
2. Single Stage - Two
Envelops
3. Two Stage - One
Envelop
4. Two Stage - Two
Envelops

Dates of Submission Bid Opening


Corre
ctions
or
Na deleti
me Tot Un ons in
& Name al it unit
Add of Am Deta rat rates
ress autho oun Alter ils of es or
of rized t of Any nativ bid of amou
S. the Orig Modifi withd Perso bid Modifi e Disc secu BO nt in
# firm inal cation rawal n * cation Bids ount rity* Q* BOQ

106
Signatures of All member of PC:

S. No. Name of the member Signature

107
Annexure – XIV: Sample of Bid Evaluation Report

Bid Evaluation Report

Name of Procuring Agency:

Tender Reference No:

Tender Description/Name of work/item:

Method of Procurement:

Tender Published:

Print & Electronic Media (SPPRA ID No. & Newspapers names with dates)

Total Bid documents Sold;

Total Bids Received:

Technical Bid Opening date: (if applicable) _________________(Provide details in separate


form)

No. of Bid technically qualified (if applicable):

Bid(s) Rejected:

Financial Bid Opening date:

6. Bid Evaluation Report:

S. # Name of Cost Ranking Compression Reasons For Remarks


Firm or Offer by Terms of with Acceptance/
Bidder the Cost Estimated or Rejection
Bidder Cost

0 1 2 3 4 5 6

Signatures of the Members of the Committee.

108
Annexure – XV: Sample of “Letter of Acceptance”

Letter of Acceptance
[On letterhead paper of the Procuring agency]

. . . . . . . Date. . . . . .

To : name and address of the Contractor . . . .

. . . . . . Subject : Notification of Award Contract

No. . . . . . . . . . .

This is to notify you that your Bid dated . . . . . . . . For execution of the . . . . . . . . . .
name of the contract and identification number, as given in the Contract Data. [at the
percentage ----
- above/below/ par on the items of Schedule of Rates (CSR) in case of B-I agreement] for
the Accepted Contract Amount of the equivalent of . . . . . . . . .amount in numbers and
words and name of currency . . . . . . . ., as corrected and modified in accordance with the
Instructions to Bidders is hereby accepted by our Agency.

You are requested to furnish the Performance Security within 28 days in accordance with
the Conditions of Contract, using for that purpose the Performance Security Form
included in bidding document and sign the contract agreement attached herewith within
stipulated time mentioned above.

Authorized Signature:

Name and Title of Signatory:

Name of Agency:

109
Annexure – XVI: Sample of Notice for Pre-qualification

Sample Pre-qualification Notice

1. Program Management and implementation Unit (PMIU) of Sindh Basic Education


Program(SBEP) has received funds from Province/Loan/Grant for the Project/Scheme
with Scope, Estimated Cost and duration of project are as under:-

(i) Scope: ((Insert the scope).


(ii) estimated cost

2. Eligibility:

Valid Registration with Pakistan Engineering Council or any other relevant professional body
(as applicable) in relevant category and discipline is mandatory (PM Construction must
mention relevant category, discipline and professional body) and with tax Authorities.

3. Dead line of Submissions:

Applications are invited from interested firms for pre-qualification. The application along
with following documents must reach at the address mentioned below on or before (Insert
Time) and (Insert Date). Bidding Documents shall be issued only to the pre-qualified
supplier.b

4. Required Documents:

It must include following details/documents:-

(A) Profile of Firm:

(i) Name, address, telephone, fax numbers and e-mail address of firm;
(ii) Organizational Structure and year of establishment of the firm

(B) Qualification & Experience of technical


staff. Academic qualification -

Minimum qualification be mentioned by the Sr. Procurement Specialist. For


additional qualification, additional weightage shall be given by separately (Marks 10
for basic qualification, 3 for Masters or technical/ professional course or post graduate
(as the case may be) and 5 for PhD) Procurement Committee may adjust the
weightage as per its requirement. 30 Marks.

110
Experience –

Number of similar assignments/equipment’s with length of experience be mentioned


(preferably at least (number of) assignments with over all experience of ___ years).
20 Marks.

(Brief CVs of key personnel be attached)

(C) Financial
(i) Documentary evidence of financial position, bank Statement or audited
accounts of the last (mention number) years.

(ii) Annual turnover of the last (mention number) years.


Income tax return, General sales tax for the last (mention number) years

(Minimum annual turnover be mentioned)

15 Marks

(D) Any other information:


(i) Details of disputes/litigation or arbitration with client(s).
(ii) Affidavit that firm has never been blacklisted.

(E) PMIU may add or delete any information/document if desired.

5. Evaluation Criteria:

Applications with required documents attached shall be evaluated as per prescribed method
(Sr. Procurement Specialist shall decide the score) the score obtaining 70 to 80% of above
score shall be declared pre-qualified.

(i) Applications of black listed firms shall not be considered;

(ii) Procurement Committee shall disqualify the applicant if, at any stage, it finds
that the information submitted for pre-qualification was inaccurate or dubious/
tempered.
6. Interested firms shall address their queries and submit their applications to the following

Address:-

Name :

Address :

111
Telephone No :

E-mail Address :

Fax No. :

7. PMIU may reject all or any bid subject to the relevant provisions of Public
Procurement Rules, 2010.

Program Director
Sindh Basic Education Program
School Education & Literacy Department
Government of Sindh

112
Annexure – XVII: Sample Evaluation Report of Pre-qualification.

Sindh Basic Education Program


Program Management and Implementation Unit

Description of the Evaluation criteria in tabular form with respect to the nature of the assignment.

Signature of the member of Procurement Committee

S. No. Name of the member Signature

113
Annexure – XVIII: Sample of Request for Expression of Interest.

Sindh Basic Education Program


Program Management and Implementation Unit

EXPRESSION OF INTEREST

Description of the Organization and the nature of assignment, and terms and conditions.

Submission:

Description of submission of Expression of interest.

Program Director
Sindh Basic Education Program
School Education & Literacy Department
Government of Sindh

114
Annexure – XIX: Sample of Request for Proposal

Sindh Basic Education Program


Program Management and Implementation Unit

REQUEST FOR PROPOSAL

The Assignment

Description

Brief Scope of Work

Description

Eligibility: Registration with Sindh Revenue Board


Bid Security: (%of the Contract Amount)
Bid Validity Period: (Date to be mentioned)
Response Time: (Date and time to be mentioned)
Pre Bid Meeting: (Address at which the meeting is to be held, Date and
time to be mentioned)
Bid Submission Deadline: (date and time of the bid submission)
Bid Opening (date and time of the bid opening)
Bid Submission & Opening Address:
Bidding Documents
Bidding Documents: The RFP document shall be available to download (free of
cost) on the SPPRA and PMIU website.

For further information:

[Name, address and phone of the contact person]

115
Annexure – XX: Sample of Terms of Reference for Consultant

Sindh Basic Education Program


Program Management and Implementation Unit

[Terms of reference to be decided by the PMIU]

116
Annexure – XXI: Sample for Preparation of cost estimate or budget of the assignment.

Sindh Basic Education Program


Program Management and Implementation Unit

COST ESTIMATE OR BUDGET

S. NO. LEVEL OF RATE / HOUR / TOTAL HOURS / TOTAL


EXPERTISE DAY DAYS AMOUNT

Signature of the member of Procurement Committee

S. No. Name of the member Signature

117
Annexure – XXII: Sample format for shortlisting

Sindh Basic Education Program


Program Management and Implementation Unit

SCORE SHEET FOR SHORTLISTING OF CONTRACTORS

S# Name of the [criteria] [criteria] [criteria] [criteria] [criteria] [criteria] Total


contractor

Score 15 10 25 25 10 100
1
2
3

Signature of the member of Procurement Committee

S. No. Name of the member Signature

118
Annexure – XXIII: Sample of Evaluation Criteria Report

Sindh Basic Education Program


Program Management and Implementation Unit

Evaluation Criteria for Single Stage one envelope procedure

Having
P.O. Having 3 Bank statement
experience of 7 Annual turnover of
Name of Firm / Number assignments of or audit
similar the last three years Bid
S. No. Contract Date & similar site/ accounts of the Ranking Remarks
assignments in no the low 10 Price
Establishment Amount geographical last three
the past 5 million/years
2% condition years.
years;

Note: anyone ‘NO’ shall consider bid non responsive.

Award Criteria: lowest amount responsive bidder.

Procurement Committee Signatures

1. ___________________________ ____________________________

2. ___________________________ ____________________________

3. ___________________________ ____________________________

119
Annexure – XXIV: Sample of Comparative Statement of Financial Proposal

Sindh Basic Education Program


Program Management and Implementation Unit

Comparison
Final Remarks and
Firm/Bidder’s Tender with Recommendations
S. No Name Engineering Ranking
Cost
Estimate

1 Firm A

2 Firm B

3 Firm C

120
Annexure – XXV: Notification of Complaint Redressal Committee

121
13. Checklists

13.1. SPPRA Checklist

Public procurement is the acquisition, whether under formal contract or not, of works, supplies and
services by public bodies. It ranges from the purchase of routine supplies or services to formal
tendering and placing contract for large infrastructural projects by a wide and diverse range of
contracting authorities.

This checklist includes the steps required in a normal procurement cycle, from identifying and
specifying a need to awarding a contract. The checklist aims to provide a general reminder list to
those required to undertake a procurement process. The checklist would be read in conjunction
with the Procurement Law / Rules. The checklist would require the following steps to be taken in
the procurement process:

1. Identifying the need – is the purchase necessary?


2. Writing the specification
3. Estimating cost
4. Securing approvals and funding
5. Determining the best procurement strategy
6. Deciding on the tendering procedure that should be followed
7. Preparing Notice Inviting Tender (NIT)
8. Allowing sufficient time for submission of tenders
9. Issuing tender documents, supporting documents and clarifications without delay
10. Receipting and opening tenders
11. Evaluation of tenders
12. Awarding the contract
13. Managing the contract

A. Identifying the need – Is the purchase necessary?


Before starting any procurement process, it is important to establish whether it is essential to
purchase.

1.1 Establish whether there is a clear business need for the product or service. 
The procurement should be essential for the conduct of normal business or
to improve performance.

1.2 Ensure that the Procurement addresses future phases of the service or 
purchase of goods that may be required.

B. WRITING THE SPECIFICATION


Once the need for, and what is needed from, a supplier or service provider has been established,
the specification of requirements needs to be developed.

122
2.1 Base the specifications on the needs identified in the demand. 

2.2 Ensure that the specifications are clear, comprehensive generic and not 
discriminatory (use generic technical specification and avoid proprietary
brand names).

2.3 Ensure that the specifications present the optimum combination of whole-life- 
costs and/or price to meet your requirements.

C. ESTIMATING COST
A realistic estimate of all phases of the service or product is essential as this will influence the
procurement procedure to be followed and is important for budgeting purposes.

3.1 Prepare a realistic estimate of all phases of the service or product. 

3.2 Establish whether funds are available to meet the purchase? 

3.3 Determine whether the estimate is over the procurement threshold. 

D. SECURING APPROVALS AND FUNDING


Once a realistic estimate of cost is available the Competent Authority should be requested to
approve the expenditure.

4.1 Ensure that all necessary approvals are sought in adequate time. 

E. DETERMINING THE BEST PROCUREMENT STRATEGY


Adopt a procurement strategy that will minimise casual or ‘once-off’ purchases and promote best
value.

F. DECIDING ON THE TENDERING PROCEDURE THAT SHOULD BE FOLLOWED


Following an appropriate competitive tendering procedure will avoid violation of provision of the
procurement Law / Rules. The type of competitive process to be followed can vary depending on
the size and characteristics of the contract to be awarded.

G. PREPARING Notice Inviting Tender (NIT)


7.1 The detail procurement procedures and methods are provided under Rules 15, 
16 and 46 of the Sindh Public Procurement Rules 2010.

7.2 The procuring entities are required to conduct an appropriate procurement 


procedure.

7.3 Ensure that the NIT is clear and comprehensive. Clarity and completeness at 
this stage will help eliminate the need for clarifications later.

7.4 Set out all the criteria that will be applied in the award process, together with 
the relative weightings of each. This is a vital part of the process. These criteria

123
will form the basis against which tenders will be comparatively evaluated and
are the key to an objective, transparent award procedure.

7.5 Specify any special conditions of tender. 

H. ALLOWING SUFFICIENT TIME FOR SUBMISSION OF TENDERS


Allow suppliers an adequate period for the preparation of tenders.

8.1 Take account of the complexity of the contract when fixing the timescale for 
submitting responses.

8.2 Allow suppliers sufficient time for submitting the necessary information and 
preparing the tenders (taking into account holiday periods and tender
publication time etc.

I. ISSUING TENDER DOCUMENTS, SUPPORTING DOCUMENTS AND CLARIFICATIONS WITHOUT


DELAY
Responses to requests for information, requests for tender documents and other supporting
documentation (if not made available electronically) must be issued without delay.

9.1 Issue tender documents and responses to requests for additional information in 
good time

9.2 Ensure that additional information supplied to one party, in response to a 


request, is supplied to all interested parties if it could be significant in the context
of preparing a tender.

J. RECEIPTING AND OPENING TENDERS


The procuring entity should ensure that proper procedures are in place for opening tenders.

10.1 Return late tenders unopened to the tenderer and record their existence and 
time of arrival.

10.2 Open all tenders (received on time) together as soon as possible after the 
designated latest time and date set for receipt of tenders.

10.3 Arrange for the opening of tenders to take place in the presence of at least two 
officials of the contracting authority who would sign each tender paper
mentioning the date as well.

10.4 Ensure that a clear and formal independently vouched report of the tenders 
received is produced.

K. EVALUATING TENDERS
The evaluation and award process must be demonstrably objective and transparent and based
solely on the criteria published in the RFT or in tender document.

124
11.1 Arrange for the evaluation of tenders to be carried out by a suitably competent 
evaluation team / committee.

11.2 Evaluate price including taxes. 

L. AWARDING THE CONTRACT


The contract should be awarded to the supplier or service provider that is best able to fulfil
procuring entity requirements (selected in accordance with the evaluation criteria), whose bid is
within budget and in all other respects complies with the RFT, approval requirements, public
procurement law.

12.1 Record in the contract document(s) all terms and special conditions that apply. 

12.2 Ensure that the contract specifies clearly the roles and responsibilities of both 
the client and the supplier/service provider – what needs to be done, by whom
and how much it will cost.

M. MANAGING THE CONTRACT

The management stage of a contract is where value for money, (VFM) gained during the preceding
stages, is realised. A contract needs to be effectively managed by the user, not just left to the
supplier. Proactive involvement in the management of the contract is essential to maximise VFM.

13.1 Have a programme of checking work/goods against the specification. 

13.2 Ensure that there are procedures for identifying inadequacies/poor 


performance and for remedial action.

13.3 Maintain a record of supplier performance. 

13.4 At the conclusion of the contract, review the whole procurement process, not 
just the supplier’s performance but also the effectiveness of the earlier stages.
This review process can provide information for future procurements – in
respect of developing and specifying needs, supplier selection and contract
management.

125
13.1 Procurement Process

126
A. NIT preparation to bid submission

127
Checklist – Preliminary considerations and NIT

Advertisement
Number and Date

Types of Procurement Goods Works Services Consulting


Services

S. No. Particulars SPP Date


Rule and
sign off

1. Annual Procurement Plan is sent to SPPRA and Hoisted 11

1.1. If yes, the instant NIT are covered under APP 11

2. Notification of Procurement Committee is received 7

2.1. PC comprises odd number of members. 7

2.2. PC comprises at least on third members from agencies / 7


Department other than PA.

3. Notification of consultant Selection Committee is received 67

3.1. CSC is as per Rule 67 67

4. Notification of Complaint Redressal Committee is received 31

4.1. CRC comprises of odd number of persons 31

4.2. CRC is headed by head of PA or an official one rank senior to 31


head of PC.

4.3. CRC comprises DAO or representative of AG Sindh 31

4.4. CRC comprises of independent professional 31

5. Method of procurement: International Competitive Bidding 15


(ICB) or National Competitive Bidding (NCB)

6. Estimated cost (up to 1 million, above 1 million, Not 17 (1)


mentioned)

6.1 English Urdu Sindhi 17 (1A)

128
S. No. Particulars SPP Date
Rule and
sign off

If above 1 M, the
advertisement is published in
newspaper

7. Ensure that NIT contains

7.1. Name of Procuring Agency 17(3)(a)

7.2 Address Tel. Number Fax Email Address 17(3)(a)

7.3 Purpose and Scope of Procurement 17(3)(b)

7.4 First date of issuance of BDs 17(3)(c)

7.5 Last date of issuance of BDs 17(3)(c)

7.6 Response time is as per Rule (15 days for NCB / 45 days for 18
ICB)

7.7 Date of submission is mentioned. 17(3)(c)

7.8 Time of submission is mentioned. 17(3)(c)

7.9 Date of opening is mentioned 17(3)(c)

7.10 Time of opening is mentioned 17(3)(c)

7.11 Date of Submission and opening of bid s is same. 41(3)

7.12 Time between submission and opening of bids is within one 41(3)
hour.

7.13 Tender Fee. 17(3)(d)

8. Documents required with NIT

8.1 Notice Inviting Tender 17

8.2 Notification of procurement Committee 7

8.3 Notification of complaint Redressal Committee 31

8.4 Bidding Documents/ Soft Copy/ USB/CD 21(4)

8.5 Annual Procurement Plan 11, 12

8.6 Cheque/ Pay Order No.

129
S. No. Particulars SPP Date
Rule and
sign off

8.7 Method of Receiving

8.8 Notice Inviting Tender

Checklist – Bid Evaluation Report

TENDER REF:

Document required with Bid Evaluation Reports : (Rule – 45) Check

1. Original Bid Evaluation Report sent 

2. On standard format 

3. Signed by all the members of procurement Committee. 

4. Name and designation of all the members of procurement 


Committee.
5. Original comparative statement (if 

6. Minutes of Bid opening meeting 

7. Bidder’s qualification/ technical Evaluation Report/ 


Prequalification Report.
8. Attendance Sheet 

9. Method of sending to SPPRA  Hand

 Courier

130
B. Checklists – EOI / PRE-QUALIFICATION SUBMISSION

TENDER REF:

EOI / Pre-Qualification Check

1. Notice of EOI / Pre – Qualification. 

2. Notification of procurement Committee 

3. Notification of consultant selection Committee 

4. Notification of Complaint Redressal Committee 

5. Annual Procurement Plan 

6. Pre-qualification/ Shortlisting Documents/ RFP Documents 

7. Cheque/ Pay Order No. 

8. Method of sending to SPPRA  Hand

 Courier

131
C. COMPLAINT REDRESSAL MECHANISM

132
D. CHECKLIST – CONTRACT EVALUATION REPORT

TENDER REF:

Documents required with Contract Evaluation Report: (Rule – 50) Check

1. Contract evaluation form duly Signed 

2. Letter of Award/ Work Order 

3. Form of Contract/ Agreement 

4. Bill of Quantities/ schedule of requirements 

5. Integrity pact (where applicable.) 

6. Method of sending to SPPRA  Hand

 Courier

S. Particulars SPP Date and


No. Rule sign off

1. Date of Receipts of contract documents

2. Date of hosting of BER on SPPRA website

3. Date of Award of Contract (Agreement)

4. Contract awarded three days after hosting of BER on 45


Authority’s website

5. Contract documents were received within seven days of 50


award of contract

6. Contract documents of all items have been received

7. All the documents mentioned in Rule – 50 have been


furnished (LOA, CEF, BOQ .Agreement )

8. Integrity pact (If Applicable) is provided. 89

133
S. Particulars SPP Date and
No. Rule sign off

9. Contract is awarded to the lowest bidder at the same price as


mentioned in the BER.

134
14. Mandatory references
A. Legal framework

i. Laws
ii. Rules
Title / Reference Relevant reference in the manual

Rule 4 6
Rule 5 6.1.1.
Rule 6 6.1.2.
Rule 53 6.1.3.
Rule 52 6.1.4.
Rule 44 6.1., 11.2, 11.3
Rule 54 6.1.6.
Rule 61 6.2.1.
Rule 62 6.2.2.
Rule 63 6.2.3.
Rule 64 6.2.4.
Rule 65 6.2.5.
Rule 77 6.2.6.
Rule 78 (1) (2) 6.2.7.
Rule 79 6.2.8.
Rule 80 6.2.9.
Rule 84 5

Rule 7,8 7.1


Rule 45 11.2.8
Rule 11 (1) 10
Rule 12 (1) 10.1
Rule 12 (2) 10.1
Rule 15 (2) 11.1
Rule 47 11.1
Rule 27 11.1
Rule 16 (b) 11.1
Rule 16 (e) 11.1

135
Title / Reference Relevant reference in the manual

Rule 17 (3) 11.2


Rule 21 11.2
Rule 20 (2) 11.2
Rule 20 11.2
Rule 17 (4) (5) 11.2
Rule 18 11.2
Rule 21(2) 11.2
Rule 22 11.2
Rule 23(1) 11.2
Rule 23(2) 11.2
Rule 24 11.2
Rule 43 11.2
Rule 25 11.2
Rule 41 11.2
Rule 48 11.2.
Rule 45 11.2.
Rule 49 11.2.
Rule 21 11.2.
Rule 20 (2) 11.2.
Rule 20 11.2.
Rule 18 11.2.
Rule 21(2) 11.2.
Rule 22 11.2.
Rule 23 (1) 11.2.
Rule 23 (2) 11.2.
Rule 24 11.2.
Rule 25 11.2.
Rule 48 11.2.
Rule 44 5.1.5
Rule 45 11.2.8
Rule 49 11.2.

136
Title / Reference Relevant reference in the manual

Rule 50 11.3. F
Rule 51 11.3.
Rule 55 11.3.
Rule 27(1) 11.4.
Rule 27(2) 11.4.
Rule 29 11.4.
Rule 28 11.4.
Rule 28 (2) 11.4.
Rule 30 11.4.
Rule 29(4) 11.4.
Rule 27 (2) 11.4.
Rule 29 11.4.
Rule 17 11.3.
Rule 30 11.4.
Rule 67 11.5.
Rule 68 , 71 11.5.
Rule 72 11.5.
Rule 66 11.5.
Rule 73 & 73 (i) 11.5.
Rule 74 (i) &(ii) 11.5.
Rule 75(1) 11.5.
Rule 76 11.5.
Rule 31 11.6.
Rule 32 11.6.
Rule 25 11.2.

iii. Regulations
Title / Reference Relevant reference in the manual

Regulation 2.9 (3) 10.4


Regulation 4.8. 11.2.

Regulation 4.10. 11.2

137
Regulation 7.4 11.2 (B)
Regulation 7.8 11.2
Regulation 7.1 11.2
Regulation 7.3. 11.2
Regulation 7.5. 11.2
Regulation 7.6. ( c ) 11.2
Regulation 7.9 11.2
Regulation 7.12 11.2
Regulation 7.12.1 11.2
Regulation 7.6. ( c ) 11.2
Regulation 2.13 11.2
Regulation 2.16. 11.2
Regulation 2.16. 11.2
Regulation 2.17. 11.2
Regulation 2.18. 11.2
iv. Policy guidelines
v. Manual

None.
B. Administrative instructions

i. Circulars

Area Subject Authority / Reference Relevant reference


Department number and date in the manual

ii. Notifications

Area Subject Authority / Reference Relevant reference


Department number and date in the manual

15. Effective Date

The manual shall come effective from the date of notification issued by PMIU in pursuance of
approval of PSC.

138

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