Violation Notes
EPADS-S-26050781611………
Construction of Women Centric Facility for ADJ Court Building Mehar………
Department Name: District and Sessions Court Dadu………..
Preliminary Assessment / Observations / Findings:………….
1). NIT issued by Additional District & Sessions Judge-II Dadu for Construction of New Women - Centre Facility for Ta Iuka Mehar District Dadu. Whereas, it s observed that the bidding documents/ Bill of Quantities / schedule of requirement is signed by the Executive Engineer, Provincial Buildings Division Hyderabad. Therefor it cannot be treated as efficient procurement process. Procuring agency is required to rectify the infirmity……..
2). Approval of Head of the Department for constitute the Procurement Committee (PC) is required as per Rule-7 of SPP Rules, 2010………
3). 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………
4). 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………
5). In terms of Notification No. Dir (A&F)/SPPRA/BoD/14-15/7026, dated: 27.03.2015 Pakistan Engineering Council (PEC) license shall not be required for works upto Rupees 4.0 million……..
6). Condition-9(ii) i.e. “In hard at least two works of similar nature” is not appropriate and may restrict the competition within specific firms /contractors (as it is not necessary for a contractor to wrok in hand) which resulting violation of Rule-44 of SPP Rules 2010. justification/rectification is required………
7). Procuring Agency is required to ensure the compliance of SPPRA Guideline Para-10.3………
8). Procuring Agency has asked affidavit that Bidder must not be blacklisted. 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…….
9). It seems Procuring Agency has not used Standard bidding documents of SPPRA. Procuring Agency is required to upload / Use Standard bidding documents of SPPRA as per estimated cost notified by SPPRA as per Rule-21(3) of SPP Rules…………
10). Bidding documents do not contain the Integrity Pact as required under Rule-89 read with Rule-21(1)(n). Procuring agency is required to rectify the infirmity……………
11). 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............
12). Procuring Agency is required to rectify/justify the above in timely manner.