Violation Notes
Preliminary Assessment / Observations / Findings:………
1). 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………
2). Procuring Agency has mentioned two different amount for performance security in bidding documents (i.e. 3% and 10% mentioned), which is not as per SPP Rule-39. Procuring Agency is required to mention specific percentage of performance security in terms of Rule-39………..
3). Procuring Agency has mentioned the evaluation eligibility / qualification 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………..
4). 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……..
5). 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…………….
6). “Manner of bid security is CD-R, Bid Security other than CD-R will not be accepted” has been mentioned in eligibility criteria in NIT. The procuring Agency shall ensure compliance of Rule-37(2) of SPP Rules, 2010 while acquiring Bid Security in the shape of a Deposit at Call or Pay Order or Demand Draft or a Bank Guarantee.
7). CRC does not comprise DAO or representative of AG Sindh, as required under Rule-31(2)(a). It may be noted that Divisional Accounts Officer working in the concerned Division/Department could not serve the purpose of Transparency. PA is required to re-notify the CRC comprising DAO or representative of AG Sindh as member, prior to opening of bids.
8). Procuring Agency has nominated Mr. Harish Vankvani, Project Manager Construction Co. (Private) as member of CRC. P.A may ensure that said member has not participated in procurement process in terms of Rule-4 of SPP Rules, 2010.
9). 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…………..
10). Procuring Agency has asked affidavit that “firm/Company is not currently black listed”. 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.
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……….
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.