Violation Notes
EPADS-S-26050781426……..
08- GBPS Hafiz Shah U.C Saeed Mato……….
Department Name: XEN Education Works Division Tando Muhammad Khan………..
1. Procuring Agency has mentioned the evaluation criteria in NIT only. Whereas, in terms of Rule-21(1)(h) read with Rule-21(A), bidding documents must contain a detailed and unambiguous evaluation criteria. The procuring agency is therefore advised to make the evaluation criteria part of the bidding documents. The procuring agency is required to provide a clear and unambiguous evaluation criteria and extend the response time accordingly………..
2. 70%-marks have been assigned for qualification without giving sub-criterion. Justification / rectification is required.
3. In terms of 47(1) single stage one envelope procedure shall be used as standard procedure for procurement of simple and routine nature and where no technical complexity or innovation is involved. However, Procuring Agency (PA) adopted single stage two envelope procedure for routine and simple procurements which is violation of Rule-47(1) &(2) of SPP Rules, 2010. as per amendment notified vide SGA&CD’s notification No: SORI(SGA&CD)2-30/2010 dated 11.8.2021……….
4. In terms of SPPRA Notification no.DD (HRF&CB)/SPPRA/22-23/0942 dated 10th April, 2023; according to which as per para 2.16(iv) of guideline of SPPRA for procurement of works; average annual financial turnover not less than equivalent cost of the scheme/project during last five years and Experience of similar nature of works (at least one work of 80% of the estimated cost OR two works of 50% of the estimated cost) executed during last five years is required. In the instant case PA has not asked relevant experience………..
5. Criteria is not clear about requisite list of machinery equipment, requisite list of Engineering and technical staff and its eligibility, therefore it required justification that on which grounds most advantageous bidder will be selected as required under amendment in SPP Rules, 2010 vide SGA&CD Notification No. SORI (SGA&CD)2-30/2010 dated 11.08.2021..……..
6. Criterion i.e. (list of ongoing ……, at least 02 works……….) is not appropriate and may restrict the competition within specific firms /contractors which resulting violation of Rule-44 of SPP Rules 2010. Besides, P.A has not specify Justification/rectification is required.…………
7. Bid data sheet envisage two different types of contract i.e. Fixed Price contract and Price adjustment contract. The Procuring Agency is required to choose any one…………
8. Procuring Agency is required to upload signed copy of each and every page of Bid Document to enabling the bidder(s) to submit their bids by downloading Bid Document from SPPRA (E-pad) website as defined in the Rule-24 (2) of the SPP Rules, 2010……..
9. Procuring Agency has asked affidavit that “the bidder should not blacklisted in any Procuring Agency”. P.A may ensure that if a firm was black listed and current status of that firm is De-listed then such firm may be allowed for competition…….
10. PA is advised to constitute procurement committees and complaint redressal committees comprising the officers / officials who have completed procurement certification course in terms of Government of Sindh Circular No. SO(C-IV)SGA&CD/4-13/16 dated 20th April,2017……..
11. Procuring Agency is required to rectify/justify the above in timely manner.