Violation Notes
Preliminary Assessment / Observations /
Findings:………
1). Scheme/work/Items mentioned in instant NIT are not
covered by annual procurement plan. The Procuring Agency
(PA) has uploaded copy of Annual Procurement Plan of
another schemes/ works / items which is not as per SPP Rule11. It is advised to rectify the infirmity at earliest in terms of
SPP Rule-11………
2). BoQ is seems incomplete because it missing the proper
specification of each item/portion i.e. Vehicle numbers along
with models for their repair as required under Rule-13 of SPP
Rules………….
3). Procuring Agency may ensure the compliance of Rule-31(2)(b).
4). Procuring Agency has mentioned the evaluation eligibility /
qualification criteria in NIT only. Whereas, in terms of Rule21(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………..
5). The bidding documents do not contain amount and manner
of payment of performance security required in terms of Rule21(1)(d) read with Rule-39 of SPP Rules, 2010……………
6). Procuring Agency has adopted single stage two envelope
procedure, but, evaluation criteria consists of only some
documentary requirement for 'Single Stage One
Envelope'procedure is appropriate. Besides, criteria is not clear
about requisite list of machinery equipment, requisite list of
technical staff and its eligibility, therefore it required
justification that on which grounds most advantageous bidder
will be selected……..
7). In terms of SPPRA Notification no.DD
(HRF&CB)/SPPRA/22-23/0942 dated 10th April, 2023; 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
relevant experience and annual turnover is not as per
above provision………
8). PEC registration has been asked whereas as per nature of
procurement, it seems not required. Justification under PEC
bylaws and Rule-44 of SPP Rules, is required…………
9). Bidding documents do not contain the Integrity Pact as required
under Rule-89 read with Rule-21(1)(n). ………………..
10). 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…………….
11). 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-pads) website as defined in the Rule-24 (2) of
the SPP Rules, 2010…………..
12). Procuring Agency has asked affidavit that firm has never
been Black Listed from any government. P.A may ensure that
if a firm was black listed and current status of that firm is Delisted then such firm may be allowed for competition………….
13). The Procuring Agency shall verify from the list of
blacklisted firms available on the website of SPPRA
(https://pprasindh.gov.pk/blacklistfirms.php) that the
firm/bidder/contractor is not blacklisted or debarred…………
14). Procuring Agency is required to rectify/justify the above
in timely manner……….
It may be noted that it is the sole responsibility of procuring
agency to make all the public procurements by observing the
SPP Rules, 2010, regulations, instruction/ orders and
procedure in letter and spirit.