Contracting With The Government Questionnaire - Pakistan Karachi

Contracting with the Government
Questionnaire – Pakistan Karachi
www.doingbusiness.org
Dear Contributor,
We sincerely thank you for participating in the Doing Business project, especially given the difficulties facing our world
and our families during the global pandemic. Your responses to this questionnaire can help policymakers learn about
policies that have supported local entrepreneurs and identify opportunities for regulatory improvements during this
pandemic and beyond.
Your expertise in the area of public procurement and government contracts in Pakistan Karachi is essential to the
success of the Doing Business report, one of the flagship publications of the World Bank Group that benchmarks
business regulations in 191 economies. Contracting with the Government aims at collecting data on the various
phases of a public procurement contract for road resurfacing, with the objective of identifying best practices that lead to
efficient procurement systems and optimal allocation of public funds.
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New for Doing Business 2022, the website will include measures reflecting the variation of responses for select data
points.
You are invited to answer this questionnaire based on your unique knowledge, expertise and experience. By
participating in Doing Business research, you agree to provide information in an independent and impartial manner. If
you have been contacted about this questionnaire by anyone outside the Doing Business team and/or if you have
received any interference on what responses to provide, please kindly let us know.
As research on public procurement becomes part of the larger Doing Business study, we would be extremely grateful
to count on your professional expertise in this field. Your expertise is essential to the success of the project!
Please follow these steps when completing the questionnaire:
 Please review the assumptions of the case study and use "Last year's information" in this questionnaire as the
baseline for updating the data for Doing Business 2022. "Last year's information" in this questionnaire will be
publicly available upon the launch of Doing Business 2021 and should not be circulated in the public domain
until then.
 Describe in detail any reform that has affected the areas of Contracting with the Government since May 2,
2020.
 Kindly return the questionnaire to dbpublicprocurement@worldbank.org.
We look forward to emailing you your World Bank Group certificate of appreciation after the launch of the Doing
Business 2022 report. We thank you again for your invaluable contribution to the work of the World Bank Group and
send you best wishes of good health.
Sincerely,
The Contracting with the Government Team

Tel: +1 202 473-8374
Email: DBPublicProcurement@worldbank.org
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only be acknowledged on the Doing Business website and PDF report per contributor preferences indicated below.
Primary Contributor: Please check the box next to information you do not want us to publish for all contributors.
Name
Title (Mr., Ms., Dr.) Mr. [ ]
Do not publish First Name Qutab-ud Din Saim [ ]
Last Name Hashmi [ ]
Position (e.g. manager, Partner [ ]
associate, partner)
Never Published
Profession (e.g. judge, Lawyer [ ]
lawyer, notary)
Contact details
Firm name Ahmed & Qazi [ ]
Do not publish
Website [ ]
Never Published E-mail address litigation@ahmedandqazi.co [ ]
m
Do not publish Phone 021 111 000 073 [ ]
Never Published Mobile phone [ ]
Do not publish Firm Address
Street Office Nos. 402, [ ] P.O. Box [ ]
403, 404 and 417
City Karachi [ ] State/ Province [ ]
Zip/Postal code [ ] Country Pakistan [ ]
7 DB 2022 535766C7-FBC5-4974-863D-8D3186C19F7E ContractingGov_survey PAK 515 54259A24-AF7A-49C9-A626-E947F12E4E6F
Additional Contributor(s): If there are more people whom you would like us to acknowledge, kindly send us an e-mail.
Name Occupation Email Phone Address
[title] [firm] [ ] [phone] [street]
[first name] [position] [mobile] [state/province]
[last name] [profession] [city/country]
Referrals: Please help us by referring us to other experts who can respond to the questionnaire.
First name Last name Position Firm Address Phone E-mail

[ ] [ ] [ ] [ ] [ ] [ ] [ ]
1. Case Study Assumptions
To ensure comparability across economies, the indicator developed a case study that measures the procurement
process for resurfacing a road. As such, in answering the questionnaire, please take into consideration the following
assumptions:
 Is one of the companies participating in the call for tender and meets all solvency,
technical and administrative requirements to compete;
 Is a privately and domestically-owned medium-sized Limited Liability Company (or
its most common legal equivalent);
 Operates in Karachi;
BidCo  Is up to date with all regulations and is in good standing with all relevant
authorities, including those related to taxes;
 Has all licenses and permits needed to operate in this technical area;
 Has already responded to a public call for tender and is already registered with the
procuring entity defined below.
 Entails resurfacing 20 km of a flat two-lane road (not a highway and not under

concession), connecting Karachi to another city within Pakistan (and within the
same state, region or province as Karachi, if applicable), with an asphalt overlay of
40 to 59 mm (or its most common equivalent in Pakistan);
Contract  Value: USD 2.5 Million (equivalent to PKR 305,521,197);
 Does not include any other work (such as site clearance, subsoil drainage,
bridgework or further routine maintenance).
 Is the agency in charge of procuring construction works for the authority that owns
the road described above;
Procuring Entity
 Is the sole funder of the works, has budget for the works and is solvent.
 Is an open, unrestricted, and competitive public call for tender for resurfacing a
road like the one described above;
 Is completed without complaints/challenges/protests from interested parties;
Procurement Process
 Ends with the awarding of the contract to BidCo, whose bid satisfied all technical
and administrative criteria and offered the best value for money.
Note - In the context of this questionnaire, the term “legal framework” refers to the comprehensive body of
instruments (laws, acts, regulations, detailed procedures, tender documents, etc.) that regulate the entire procurement
process (from needs-assessment to post-tendering).
* * *
Please provide your responses to the following sections taking into account the case study assumptions provided
above. For your convenience, last year’s answers are included in this questionnaire where available. Please note that
they represent a unified answer based on all the answers we received from various contributors in Pakistan
Karachi. If this information has changed, or you disagree, please update the answer and indicate the reasons for the
change.
2. Introductory Information
PROCURING ENTITY
1. What is the entity that conducts procurement for the authority that This year: Works and Service
owns the majority of roads comparable to the one described above? Department Government of Sindh
Last year: Works & Services Department within the Government of
Sindh
For the remainder of the questionnaire, whenever reference is made to the " procuring entity" please refer
to the entity you indicated here.
2. How many open, unrestricted and competitive public calls for tenders for road work contracts were
completed in the last 5 years by the Procuring Entity you selected in Q.1?
None – the latest open tendering procedure completed by the Procuring Entity was in year: 2018
1-10
11-50
More than 51
LEGAL FRAMEWORK
3. Please provide a list of the laws, regulations and other binding materials (including guidelines and manuals)
that regulate public procurement in Pakistan Karachi. Please include legislation or other binding materials
promulgated at the national/federal level as well as any additional legislation that is applicable to the Procuring
Entity you selected in Q.1.
Last year: - Public Procurement Ordinance of 2002;
- Public Procurement Rules of 2004;
- Sindh Public Procurement Act of 2009;
- Sindh Public Procurement Rules of 2010;
- Sindh Procurement Regulations for Works of 2010;
- Standard Bidding Documents for Large Works of 2011.
This year: In addition to newly enacted law i-e (Sindh Public Procurement Act 2019) and ,the laws that
regulate Public Procurement remains the same this year as mentioned previously with certain necessary
amendments / modification.
4. Please list any mandatory standard tender documents and/or https://sidcl.com.pk/publications/
standard contract terms that the Procuring Entity must use for a Link / Comment: Plz find the attached
contract like the one described in Section 1. link for perusing the tender
documents required by procuring
entity
REFORM UPDATE
5. Are you aware of any change (in practice or in No
laws/regulations/procedures) related to public procurement between
May 2, 2020 and May 1, 2021? For example: amendments to
applicable public procurement laws, enactment and/or
implementation of new regulations, implementation or improvement of
e-procurement platforms, changes to the bid security and
performance guarantee framework, etc.
a. If “Yes”, please describe the reform(s). Please include information
on the date(s) of adoption, publication and enforcement of the
new law(s) or regulation(s).
COVID UPDATE
6. Are you aware of any regulatory or administrative measures (in Permanent measure: No
practice or in laws/regulations/procedures/contract management) Description:
related to public procurement that has been implemented between Temporary measure (please indicate
May 2, 2020 and May 1, 2021 to respond to the COVID-19 effectiveness dates): No
pandemic? For in practice measures (e.g. interruption of services, Description:
digitization of interactions between officials and private sector),
please refer to what has been implemented by the procuring entity
described above.
a. Have these measures improved or deteriorated the business
environment when contracting with the government? Please also
note if some measures have had mixed results.
b. In your experience, have there been any consequences on the
tendering and contract management process due to the inactivity
of the procuring entity as of May 1, 2021? (e.g. delays in
processing renegotiations of contract, delays in returning bid
securities etc.).
3. E-procurement Platforms and Statistics
Please refer to the Procuring Entity you selected in Q.1.

Answer
7. If one or several electronic procurement portal(s) (i.e., an official Last year: https://ppms.pprasindh.gov.pk/PPMS/
website(s) specifically and exclusively dedicated to public This year: http://e.pprasindh.gov.pk/
procurement) are in operation, please mark which platform
would most commonly be used by the Procuring Entity.
8. Out of all road works contracts with the Procuring Entity, how
Last year: 25%-50%
many are procured through the portal you listed in Q.7? This year: 25%-50%
Comment:
9. Please mark the actions available to companies in the e-procurement portal you listed in Q7 in the table below.
As of May 1, As of May 1, 2021, select if used in
2021, select more than 50% of procurement
Action Last year
all available processes for road works
features undertaken by the Procuring Entity
a. Registering as a vendor with the Procuring Entity Feature:Yes Usage:
Usage: No Comment:
i. Are there any documents that must be Please indicate which documents:
submitted in hard copy in order to be Request For Information (RFI)
registered as a vendor?
N/A Yes Request for Proposal (RFP)
Request for Quotation (RFQ)

b. Accessing notices on procurement opportunities Feature: Yes Usage:
Usage: No Comment:
c. Accessing tender documentation Feature: Yes Usage:
Usage: No Comment:
i. Are there any tender documents that
cannot be retrieved online? (e.g. Please indicate which documents:
drawings, technical specifications, site
N/A No
maps, etc.)
d. Asking the procuring entity for clarifications Feature: No Usage:
Usage: No Comment:
e. Submitting tenders Feature: No Usage:
Usage: No Comment:
i. Are there any documents that must be Please indicate which documents and
submitted in hard copy? at which stage: The aspirant
vendors needs to furnish all the
N/A Yes required documents to ensure a
transparent and genuine
presentation.
f. Submitting bid security Usage:
Feature: No
Comment: Bidders are also required
Usage: No
to submit bid secuirty
i. Is the bidder required to submit an Please indicate at which stage: Not
original/hard copy of the bid security? N/A No mandatory / Shall be on the option of
bidder
g. Opening bids Feature: No Usage:
Usage: No Comment: The venue and time of
receipt of bids and the venue and
time of opening of bids are to be
entered in the last para of the
Invitation to Bidders.The date for
opening of bids and the last date for
the submission of bids shall be the
same. Bids shall be opened at the
time specified in the bidding
documents. The bids shall be opened
at least thirty minutes after the
deadline for submission of bids.
.
h. Holding virtual meetings of the evaluation Feature: No Usage:
committee Usage: No Comment:
i. Notifying decisions (clarifications, award, etc.) Usage:
Comment: The procuring agency
shall promptly notify each supplier or
contractor submitting an application
to pre-qualify whether or not it has
been pre-qualified and shall make
available to any person directly
Feature: No involved in the pre-qualification
Usage: No process, upon request, the names of
all suppliers or contractors who have
been pre-qualified. Only suppliers or
contractors who have been pre-
qualified shall be entitled to
participate further in the procurement
proceedings.

i. Must the bidder be notified in hard copy so Please, indicate if there is any
that the decision is legally binding? difference depending on the type of
decision: The procuring agency may
reject all bids or proposals at any time
prior to the acceptance of a bid or
proposal. The procuring agency shall
upon request communicate to any
supplier or contractor who submitted
a bid or proposal, the grounds for its
rejection of all bids or proposals, but
is not required to justify those
grounds. Notice of the rejection of all
bids or proposals shall be given
promptly to all suppliers or
N/A Yes contractors that submitted bids or
proposals.Any bidder feeling
aggrieved by any act of the procuring
agency after the submission of his bid
may lodge a written complaint
concerning his grievances not later
than fifteen days after the
announcement of the bid evaluation
report under rule 35. Any bidder not
satisfied with the decision of the
committee of the procuring agency
may lodge an appeal in the relevant
court of jurisdiction.

j. Accessing award decisions Feature: Yes Usage:
Usage: No Comment: As soon as a contract
has been awarded the procuring
agency shall make all documents
related to the evaluation of the bid
and award of contract public:
Provided that where the

disclosure of any information related
to the award of a contract is of
proprietary nature or where the
procuring agency is convinced that
such disclosure shall be against the
public interest, it can withhold only
such information from public
disclosure subject to the prior
approval of the Authority.
k. Accessing explanations of award decisions Usage:
Comment: There is no further
explanaton of award decision
.However, the procuring agency shall
constitute a committee comprising of
Feature: No
odd number of persons, with proper
Usage: No
powers and authorizations, to
address the complaints of bidders
that may occur prior to the entry into
force of the procurement contract.

l. Submitting performance guarantees Usage:
Comment: Where needed and clearly
expressed in the bidding documents,
Feature: No the procuring agency shall require the
Usage: No successful bidder to furnish a
performance guarantee which shall
not exceed ten per cent of the
contract amount.
i. Is the bidder required to submit an Please indicate at which stage:
original/hard copy of the performance N/A Yes After acceptance of bid
guarantees?
m. Signing the contract Usage:
Comment: Procurement contract shall
come into force,-
(a) where no formal signing of a

contract is required, from the date the
notice of the acceptance of the bid or
purchase order has been given to the
bidder whose bid has been accepted.
Such notice of acceptance or
purchase order shall be issued within
a reasonable time; or
(b) where the procuring agency
requires signing of a written contract,
Feature: No from the date on which the signatures
Usage: No
of both the procuring agency and the
successful bidder are affixed to the
written contract. Such affixing of
signatures shall take place within a
reasonable time:
Provided that where the coming into

force of a contract is contingent upon
fulfillment of a certain condition or
conditions, the contract shall take
effect from the date whereon such
fulfillment takes place.

n. Accessing the contract Feature: No Usage:
Usage: No Comment: As soon as a contract
has been awarded the procuring
agency shall make all documents
related to the evaluation of the bid
and award of contract public.However
in case procuring agency believes
such disclosure of contract may be
against pulbic policy it may withold
such information with the prior
approval of authority
o. Accessing contract amendments Feature: No Usage:
Usage: No Comment:
p. Filing complaints/challenges to procurement Usage:
decisions Comment: 1) The procuring agency
shall constitute a committee
comprising of odd number of persons,
with proper powers and
authorizations, to address the
complaints of bidders that may occur
prior to the entry into force of the
procurement contract.
(2) Any bidder feeling aggrieved

by any act of the procuring agency
after the submission of his bid may
lodge a written complaint concerning
his grievances not later than fifteen
days after the announcement of the
Feature: Yes bid evaluation report under rule 35.
Usage: No
(3) The committee shall

investigate and decide upon the
complaint within fifteen days of the
receipt of the complaint.
(4) Mere fact of lodging of a

complaint shall not warrant
suspension of the procurement
process.
(5) Any bidder not satisfied with

the decision of the committee of the
procuring agency may lodge an
appeal in the relevant court of
jurisdiction.
q. Accessing decisions made regarding complaints Feature: Yes Usage:
Usage: No Comment:
r. Submitting invoices to the procuring entity Usage:
Comment: Contractor or suppliers
shall submit invoices to procuring
entities and procuring agencies shall
Feature: No make prompt payments to suppliers
Usage: No and contractors against their invoices
or running bills within the time given
in the conditions of the contract,
which shall not exceed thirty days.

i. Are there any required documents that -Click to Please indicate which documents:
must be submitted in hard copy? N/A
Select- N/A
s. Receiving payments from the procuring entity Usage:
Comment: After receiving
Feature: No
invoices,procuring entities shall make
Usage: No
prompt payment to suppliers and
contractors.
i. Are there any documents that must be Please indicate which documents and
presented in hard copy in order to receive N/A Yes the requesting agency: Invoices for
payment? Payments
10. Which of the following information about road works contracts procured by the Procuring Entity is made publicly available in
machine-readable format? (i.e, data format that can be processed by a computer, such as XSL, CSV, JSON, XML, etc.)
Data Web link for resource

Estimated cost – as calculated by the Procuring Entity at the time of advertising.
Contract cost – as agreed upon in the contract signed by the Procuring Entity and
the contractor.
Actual cost – as measured at project completion.
4. Phases of the Procurement Process
This section of the questionnaire follows the chronological evolution of a procurement cycle, starting with the process
the Procuring Entity undertakes to assess its needs and secure the budget. Section 4 also explores the steps that a
local company would have to undertake in order to: (i) secure a government contract; (ii) deliver the agreed-upon
works; and (iii) obtain payment.
Phase 1: Budgeting and Needs Assessment
In answering, please refer to the Procuring Entity you selected in Q.1.

Answer
11. According to the legal framework, when the Procuring Entity prepares to advertise a new procurement
opportunity for a contract like the one described in Section 1, which of the following are used to estimate the
contract value and projected length of works? Select all that apply.
Last year: Market analysis, Standardized unit cost, and Project-specific technical drawings.
This year:
Market analysis
Standardized unit cost
Project-specific technical drawings
Feasibility study
Similar projects from previous years
Other, please explain:
Legal basis:
12. In practice, is the estimated contract value/budget published in the This year: Yes, contract value
tender notice/tender documents? Comment:
Last year: Yes, contract value
13. Is the Procuring Entity required to have already allocated budget to a This year: Yes, there is a specific
specific project before tendering? budget allocation
Last year: Yes, there is a specific budget allocation Comment:
14. How often does the Procuring Entity award a contract without Very rarely (< 10% of cases)
having all the necessary funds? Rarely (between 10-25%)
Occasionally (between 25-50%)
Often (between 50-90%)
Very often (> 90%)
Phase 2: from Advertisement to Bid Submission
The following questions relate to the initial phase of the procurement process, focusing on how the procurement
method is chosen, how the tender is advertised, and how bids are collected from the private sector.

PROCUREMENT METHOD
15. According to the legal framework, would open tendering (i.e. the This year: Yes
process in which any business can submit a bid) be the default method Legal basis: Same ,as were in last
of procurement in Pakistan for a contract like the one described in year
Section 1?
Last year: Yes, according to Rules 15, 27 and 28 the Sindh Public
Procurement Rules of 2010; and Regulation 5 of Sindh Procurement
Regulations for Works of 2010.
16. According to the legal framework, can the Procuring Entity require This year: Yes
bidders to participate in a prequalification process specific to that Legal basis: Same ,as were in last
contract before being able to submit their economic offer? year
Last year: Yes, according to Rules 27 and 28 of Sindh Public
Procurement Rules of 2010; and Regulations 2.13-2.16 of Sindh
Public Procurement Regulations for Works of 2010.
a. If “Yes”, how often would this happen for a contract like the one This year:
described in Section 1? Very rarely (< 10% of cases)
Last Year: Occasionally Rarely (between 10-25%)
Very often (> 90%)
b. In practice, how many days would be necessary for BidCo to This year:
receive a decision on its prequalification from the moment it
submitted all the necessary documents?
Last Year: 90
c. In your experience, as of May 1, 2021, has Covid-19 impacted -Click to Select-
the frequency of prequalification and the time you indicated in Comment:
Q.16.a & b? If “Yes”, please indicate how.
d. According to the legal framework, must the contractor be This year: -Click to Select-
registered with the Procuring Entity in order to bid for a contract Legal basis:
like the one described in Section 1? Link to vendor’s registration website:
Last Year: Yes, according to normally registration with Pakistan
Engineering Council is required and not with the procuring entity
17. In practice, what is the most common method of procurement for a contract like the one described in Section 1?
Last year: Other
This year:
Open tendering is the default by law and also the most common in practice
Open tendering is not the default but remains the most common in practice.
Other (i.e. direct award, reverse auction, competitive dialogue, etc.). Please mention the most common
method and reference the relevant legal basis.
18. Does the legal framework define the situations in which each This year: -Click to Select-
procurement method should be used? Please list the articles Legal basis:
regulating each legally-available procurement method.
Last Year: Yes, according to Rules 15 and 16 of Sindh Public
Procurement Rules of 2010.
19. Does the legal framework prohibit dividing contracts to circumvent This year: -Click to Select-
thresholds for open tendering? Legal basis:
Last Year: No, according to Rule 12 of Sindh Public Procurement
Rules of 2010; and Regulation 2.10 of Sindh Public Procurement
a. In practice, how often does this happen? Very rarely (< 10% of cases)
Rarely (between 10-25%)
Very often (> 90%)
20. Which of the following materials need to be made publicly available by the Procuring Entity? Select all that
apply. For in practice publication, please mark only if the material is available online.
By law In practice
Last year: Yes Last year:
This year: -Click to Select- https://ppms.pprasindh.gov.pk/PPM
Procurement plans Legal basis: S/public/portal/procurement-plan
This year: -Click to Select-
Web link to access materials:
This year: -Click to Select- http://www.pprasindh.gov.pk/downloa
Model procurement documents and Legal basis: ds/files/BIDDING%20DOCUMENT
materials / standard contract %20FOR%20LARGE
conditions %20WORKS.pdf
This year: -Click to Select- http://e.pprasindh.gov.pk/tenderlst
Tender notices Legal basis: This year: -Click to Select-
Last year: Yes Last year: N/A
This year: -Click to Select- This year: -Click to Select-
Tender documents and technical
Legal basis: Web link to access materials:
specifications

This year: -Click to Select- https://ppms.pprasindh.gov.pk/PPMS
Notices of award / bidding results Legal basis: /public/portal/contract_list
Last year: No Last year: N/A
This year: -Click to Select- This year: -Click to Select-
Contract Legal basis: Web link to access materials:
TENDER NOTICE & TENDER DOCUMENTS

21. According to the legal framework, is there a minimum time limit This year: -Click to Select-
between the advertisement of the tender notice and the submission Legal basis:
deadline for an open tendering procedure like the one described in
Section 1?
Last Year: Yes, according to Rule 18 of Sindh Public Procurement
Rules of 2010; Regulation 4.8 of Procurement Regulations for Works
of 2010; and Clause A.3 of Standard Bidding Documents for Large
Works of 2011.
a. In practice, how many days would pass between the This year:
advertisement of the tender notice and the submission deadline
for a contract like the one described in Section 1?
Last Year: 30
b. How often does the Procuring Entity modify the tender documents This year:
for any reason after advertisement, but before the submission Very rarely (< 10% of cases)
deadline? Rarely (between 10-25%)
Last year: Very Rarely
Very often (> 90%)
c. In practice, by how many days would the timeframe you indicated This year:
in Q.21.a be extended due to these modifications?
Last year: 0
d. In your experience, as of May 1, 2021, has Covid-19 impacted -Click to Select-
the frequency of modification of tender documents and the time Comment:
you indicated in Q.21.c? If “Yes”, please indicate how.
22. Does the legal framework establish the minimum content of the tender This year: -Click to Select-
notice and tender documents? If "Yes", please list the requirements. Legal basis:
Last year: Yes, according to Rules 17 and 21 of Sindh Public
SUBCONTRACTING
23. Which of the following aspects of subcontracting is regulated by the applicable legal framework? Select all that
apply.
Last Year: N/A, according to N/A
This year:
Features – the legal framework regulates the administrative process to subcontract, the limits of
subcontracting, the authorizations required, etc. Legal basis:
Disclosure – the legal framework regulates when and how companies should inform the Procuring
Entity of their intent to subcontract. Legal basis:
Liability – the legal framework regulates liability of the contractor and subcontractor in case of poor
performance. Legal basis:
24. According to the legal framework, if the intent to subcontract was not disclosed in the bid, what is the contractor
who decides to subcontract after the contract is signed required to do?
Last year: The matter is not regulated
This year:
Inform the procuring entity
Inform the procuring entity and seek its approval
Subcontracting is not possible unless the intent to subcontract was disclosed in the bid
The matter is not regulated
None of the above - Comment:
Legal basis:
CLARIFICATIONS
25. According to the legal framework, how clarification requests from potential bidders should be addressed?
Last year: The procuring entity will answer, and it is always required to communicate the answer to all other
bidders too.
This year:
The procuring entity addresses all clarifications in a public meeting
The procuring entity will answer, and it is always required to communicate the answer to all other bidders too
The procuring entity will answer, but it is not always required to communicate the answer to all other bidders
The procuring entity will only answer to the relevant bidder
Legal basis:
BID SECURITY
26. According to the legal framework, is BidCo required to provide a form This year: -Click to Select-
of bid guarantee? Legal basis:
Last Year: Yes, according to Rule 37 of Sindh Public Procurement
Rules of 2010; and Regulation 6.4 of the Sindh Procurement
a. If bid guarantee is not required by law, would it usually be This year: -Click to Select-
requested in practice by the Procuring Entity for a contract like Amount in practice:
the one described in Section 1?
Last Year: Yes
27. In practice, which instrument would BidCo most commonly use as a bid guarantee?
Bid security deposit - Please mark the most common form:
Cash/Certified check
Bank guarantee/Letter of credit
Personal guarantee
Insurance guarantee
Bid bond
Other, please explain
Bid security declaration (i.e. a bidder’s formal commitment to signing the contract if selected)
Phase 3: from Bid Opening to Contract Signing
The following questions relate to bid opening, bid evaluation, exclusion and contract signing.

TIME
28. Does the legal framework establish a timeframe for the Procuring This year: -Click to Select-
Entity to proceed to bid opening once the deadline for bid submission Legal basis:
has been reached?
Last Year: Yes, according to Bank guarantee/letter of credit
a. In practice, how many days after the deadline for bid submission Last Year: 0
does the Procuring Entity proceed to bid opening? If bid opening This year:
is carried out in multiple sessions, please answer this question Main reasons for change:
considering the first session. If bid opening happens immediately
please indicate 0 days.
29. In practice, in a case comparable to the case study scenario, how Last Year: 90
many days would pass between bid opening and public notice of This year:
award (i.e. the moment in which all tenderers, participants and Main reasons for change:
relevant parties are notified of the award decision), considering that no
complaints/challenges/protests have been filed? In this estimate,
please include the time to evaluate the bids, notify all bidders of the
decision and notify the winner of the award. If there is no public notice,
please indicate the time until notification of BidCo.
a. In your experience, as of May 1, 2021, has Covid-19 impacted -Click to Select-
the process and time to award a contract that you indicated in Comment:
Q.29? If “Yes”, please indicate how.
b. In practice, between bid opening and public notice of award, how This year:
often does the Procuring Entity ask questions/additions to bidders Very rarely (< 10% of cases)
on the documents they submitted? Rarely (between 10-25%)
Last Year: Often
Very often (> 90%)
c. In practice, by how many days would the timeframe you indicated Last Year: 13
in Q.29 be extended due to questions/additions asked by the This year:
Procuring Entity?
30. Is there a standstill (or pause) period between public notice of award This year: -Click to Select-
and contract signing to allow unsuccessful bidders to challenge the Length:
award decision? If so, please mention the length of the standstill
period.
Last Year: No, according to N/A
31. In practice, in a case comparable to the case study scenario, how Last Year: 30
many days would pass on average between public notice of award and This year:
contract signing? Please include the time for the winner to submit Main reasons for change:
relevant documents and the time to sign the contract.
a. In your experience, as of May 1, 2021, has Covid-19 impacted -Click to Select-
the process and time to sign the contract that you indicated in Comment:
Q.31? If “Yes”, please indicate how.
b. Does BidCo need to obtain work permits or other administrative Last Year: No
authorizations between public notice of award and contract This year: -Click to Select-
signing? Please include environmental permits, occupancy Please list them:
permits, activity permits, etc. as applicable.
c. If “Yes”, how many days out of the total time you indicated in Last Year: 0
Q.31 are related to obtaining such permits/authorizations? This year:
32. In practice, how many days would pass on average between contract Last Year: 30
signing, receipt of a notice to proceed with the works, and the This year:
commencement of the works? Main reasons for delay:
a. Does BidCo need to obtain work permits or other administrative Last Year: Yes
authorizations between contract signing and receipt of a This year: -Click to Select-
notice to proceed with the works? Please include Please list them:
environmental permits, occupancy permits, activity permits, etc.
as applicable.
b. If “Yes”, how many days out of the total time you indicated in Last Year: 23
Q.32 are related to obtaining such permits/authorizations? This year:
c. In your experience, as of May 1, 2021, has Covid-19 impacted -Click to Select-
the process and time to obtain all the necessary permits that you Comment:
indicated in Q.32.b? If “Yes”, please indicate how.
d. How often are following permits requested for a contract like the one described in Section 1? Please,
indicate the time to obtain them and the governmental agency that issues these permits/authorizations.
Type of permit/authorization Frequency Days Issuing Authority
Environmental -Click to Select-
Right of way -Click to Select-
Traffic (i.e. road closure, -Click to Select-
redistribution, etc.)
Works (i.e. please do not include -Click to Select-
employee related permits.)
Materials (i.e. Asphalt, bitumen, -Click to Select-
sand, etc.)
Lab Test (i.e. to certify the -Click to Select-
quality of the materials used)
Water -Click to Select-
Electricity -Click to Select-
Telecommunications -Click to Select-
Waste/Gaspillage -Click to Select-
Other (please, write its name): -Click to Select-
EVALUATION & AWARD
33.Selection committee – Which of the following characteristics are regulated by the applicable legal framework?
Select all that apply.
Last year: The number of members of the committee. according to N/A
This year:
The number of members of the committee
The education requirements of members of the committee
The professional requirements of members of the committee
The process to appoint the members of the committee
None of the above – the matter is not regulated
Legal basis:
34.Are employees of the Procuring Entity required to follow a mandatory This year: -Click to Select-
code of conduct or ethics that includes topics like screening Legal basis:
procedures, conflict of interest, training requirements, etc.?
Last year: No
a. In practice, how often do employees of the Procuring Entity follow Very rarely (< 10% of cases)
this code? Rarely (between 10-25%)
Very often (> 90%)
35.According to the legal framework, which award criterion would be used for a contract like the one described in
Section 1?
Last year: Discretion of the Procuring Entity, according to Rules 21.a and 42 of the Sindh Public Procurement
Rules of 2010.
This year:
Price
Price and other qualitative elements (i.e. legal framework contains provisions regulating the evaluation
criteria for determining the most advantageous combination of cost, time to completion, quality and
sustainability, or the most economically advantageous tender)
The choice is left at the discretion of the Procuring Entity
Legal basis:
36.In practice, how often is the award decision based solely on price and Very rarely (< 10% of cases)
not on best value for money? Rarely (between 10-25%)
Very often (> 90%)
37.Does the legal framework establish criteria to identify abnormally low This year: -Click to Select-
bids? Legal basis:
Last year: Yes according to Article 11.3.4 of Sindh Procurement
38.Does the legal framework define what constitutes a non-substantial This year: -Click to Select-
error? Legal basis:
Last year: Yes according to Regulation 7.6 of Sindh Procurement
Regulation Works of 2010.
a. In practice, how often does the Procuring Entity require bidders to This year:
amend their offers (because of mistakes, arithmetic errors, etc.)? Very rarely (< 10% of cases)
Last year: Very Rarely Rarely (between 10-25%)
Very often (> 90%)
b. In practice, in these cases would the bidder be given the This year: -Click to Select-
opportunity to rectify such error before disqualification? Comment:
Last year: Yes, but only for material/non-substantial errors
EXCLUSION & LOSS

39. According to the legal framework, when a bidder is excluded because it did not meet the selection criteria, is it
provided with an explanation of the reasons for the exclusion in writing?
Last year: Yes, but only upon request of the bidder
This year:-Click to Select-
Legal basis:
40. According to the legal framework, when a bidder loses, is it provided with an explanation of the reasons for the
loss in writing?
Last year: Yes, but only upon request of the bidder
Legal basis:
Phase 4: Contract Management

PERFORMANCE GUARANTEE
41.According to the legal framework, is BidCo required to provide a This year: -Click to Select-
performance guarantee deposit that ensures a source of compensation Legal basis:
in case of failure to perform its contractual obligations?
Last year: Yes, according to Rule 39 of Sindh Public Procurement
Rules of 2010; and Regulation 7.12.2 of Sindh Procurement
Regulation for Works of 2010.
a. If a performance guarantee is not required by law, would it This year: -Click to Select-
usually be requested in practice by the Procuring Entity for a Amount in practice:
contract like the one described in Section 1?
Last year: Yes
42.In practice, which instrument would BidCo most commonly use as a performance guarantee?
Cash / Certified check
Certificate of deposit
Performance / Completion Bond
Insurance guarantee
Bank Guarantee / Letter of Credit
Payment retention until satisfactory completion of the contract
43.In practice, how long does it usually take for the Procuring Entity to This year:
return the performance guarantee in full once the works have been
completed and accepted by the Procuring Entity?
CONTRACT RENEGOTIATIONS / AMENDMENTS
44.Which of the following aspects of contract management are regulated by the applicable legal framework?
Select all that apply.
Last year: Changing orders/price adjustments, additional works. Renegotiation: N/A (According to N/A);
Changing Orders according to Article 5.4 (2) of Sindh Procurement Regulations for Works of 2010.; Additional
works according to Rule 16.b.iv of Sindh Public Procurement Rules of 2010.
This year:
Renegotiations. Legal basis:
Changing (variation) orders/price adjustments – i.e. modifications below a certain threshold or clearly
defined in the terms of the contract. Legal basis:
Additional works – i.e. works by the original contractor that have become necessary and that were not
included in the initial procurement. Legal basis:
45.How often would a contract like the one described in Section 1 be This year:
renegotiated? Very rarely (< 10% of cases)
Last year: Rarely Rarely (between 10-25%)
Very often (> 90%)
46.If the contract described in Section 1 were more complex (i.e., Very rarely (< 10% of cases)
lengthier and/or more costly execution, more complex scope or object,
etc.), how often would it be renegotiated? Rarely (between 10-25%)
Very often (> 90%)
47.According to the legal framework, is there a maximum percentage of This year: -Click to Select-
price/quantity increase for changing (variation) orders? If "Yes", please Percentage:
provide the percentage and the relevant legal basis. Legal basis:
Last year: Yes, according to Article 5.4 (2) of Sindh Procurement
48.According to the legal framework, is there a percentage of price This year: -Click to Select-
increase above which the procuring entity is not allowed to renegotiate Percentage:
and is always required to re-tender? If "Yes", please provide the Legal basis:
percentage and the relevant legal basis.
Last year: No, according to N/A
49.In practice, are the results of contract renegotiations made publicly This year: -Click to Select-
available? Link to document:
Last year: No
50.In practice, how many days would pass on average from the moment This year:
one of the parties requests/initiates a renegotiation of the contract until Comment:
a new contract amendment is signed?
Last year: 0
a. In your experience, as of May 1, 2021, has Covid-19 impacted the -Click to Select-
frequency of contract renegotiations and the time to authorize Comment:
them? If “Yes”, please indicate how.
51.How often do bidders submit unrealistically low bids to win the Very rarely (< 10% of cases)
contract, confident of having a possibility to renegotiate at a later Rarely (between 10-25%)
stage? Occasionally (between 25-50%)
Very often (> 90%)
52.How often are "emergencies" used as a reason to renegotiate? Very rarely (< 10% of cases)
Rarely (between 10-25%)
Very often (> 90%)
53.How often would a changing (variation) order/price adjustment (i.e. a This year:
modification below a certain threshold or clearly defined in the terms of Very rarely (< 10% of cases)
the contract) take place in a contract like the one described in Section Rarely (between 10-25%)
1? Occasionally (between 25-50%)
Last year: Occasionally Often (between 50-90%)
Very often (> 90%)
a. In practice, how many days would pass on average from the This year:
moment that the modification becomes necessary until a Comment:
changing (variation) order/price adjustment is issued?
Last year: 60
54.How often would additional works related to the initial contract (i.e. This year
works by the original contractor that have become necessary and that Very rarely (< 10% of cases)
were not included in the initial procurement) be awarded to the same Rarely (between 10-25%)
contractor through direct award? Occasionally (between 25-50%)
Last year: Often Often (between 50-90%)
Very often (> 90%)
a. In practice, how many days would pass on average from the This year:
moment additional works become necessary until they are Comment:
awarded to the same original contractor?
Last year: 60
Phase 5: Payment, Delays and Quality Assessment
The following questions relate to payment and inspections.

PAYMENT
55.According to the legal framework, is there a limit to how much the This year: -Click to Select-
Procuring Entity can pay upfront for the contractor to hire workers, buy Legal basis:
materials, and start operations in a contract like the one described in
Section 1?
Last year: Yes, according to Regulation 9.3.2 of Sindh Procurement
a. In practice, how much would usually be paid upfront for a contract This year:
like the one described in Section 1?
b. In practice, if an advance payment is usually issued, does the This year: -Click to Select-
contractor have to provide a guarantee for receiving this Main reasons for delay:
payment?
Last year: Yes
c. In practice, how many calendar days will be necessary for BidCo
to receive the advance payment once the request has been Comment:
submitted to the Procuring Entity?
56.During the execution of the contract, does the legal framework This year: -Click to Select-
establish a timeframe within which the Procuring Entity must process Legal basis:
the payment once an invoice is received?
Last year: Yes, according to Regulation 9.3.1 of Sindh Procurement
a. In practice, how many calendar days will be necessary on This year:
average for BidCo to receive payment once the invoice has been Comment:
delivered to the relevant authority?
Last year: 90
b. In your experience, as of May 1, 2021, has Covid-19 impacted -Click to Select-
the time to receive payment that you indicated in Q.56.a? If “Yes”, Comment:
please indicate how.
c. In practice, how many people would need to authorize payment This year:
within the procuring entity before payment is made? Comment:
Last year: 4
d. In practice, how often will BidCo receive payment within the Very rarely (< 10% of cases)
timeframe established by the legal framework? Rarely (between 10-25%)
Very often (> 90%)
Main reasons for delay:
e. According to the legal framework, is the company entitled to claim This year: -Click to Select-
interest on late payments if the Procuring Entity does not pay Legal basis:
within the legally-established timeframe?
f. If “Yes”, in practice how often would such interest on late Very rarely (< 10% of cases)
payment be paid to the company? Rarely (between 10-25%)
Very often (> 90%)
g. In practice, for a contract like the one described in Section 1, how This year:
many days would pass on average between the moment BidCo Main reasons for delay:
notifies the Procuring Entity that the works are completed and a
formal agreement between them stipulating that the works are
indeed finished and comply with the contract specifications (i.e. a
certificate of completion of works)? Please include the time for
the Procuring Entity to conduct a final inspection.
Last year: 45
h. In your experience, as of May 1, 2021, has Covid-19 impacted -Click to Select-
the time to certify the completion of works that you indicated in Comment:
Q.56.g? If “Yes”, please indicate how.
i. How often do disagreements between the Procuring Entity and This year:
BidCo on the completed works delay the process of reaching a Very rarely (< 10% of cases)
formal agreement that the works are finished? Rarely (between 10-25%)
Last year: Occasionally Occasionally (between 25-50%)
Very often (> 90%)
j. In practice, by how many days would the time you indicated in This year:
Q.56.g be extended to resolve this disagreement and obtain a Main reasons for delay:
certificate of completion of works from the Procuring Entity?
Last year: 75
57.Assuming that BidCo delivers works complying with the quality
standards agreed-upon in the contract, within budget and on time,
what strategies, if any, does the Procuring Entity use to delay or avoid
payment?
a. How often would BidCo resort to informal payments to facilitate Very rarely (< 10% of cases)
payment? Rarely (between 10-25%)
Very often (> 90%)
b. In practice, how often is a portion of the payment retained to Very rarely (< 10% of cases)
guarantee the works for a predetermined amount of time? Rarely (between 10-25%)
Very often (> 90%)
INSPECTIONS & WARRANTIES
58.Does the Procuring Entity have guidelines or protocols regulating This year: -Click to Select-
inspections on the quality of the works? Legal basis:
59.Which of the following is true for a contract like the one described in Section 1? Please select the most
common option only.
Last year: Every payment
This year:
Inspections are carried out before every payment
Inspections are carried out before some – but not all – payments
Inspections are carried out routinely, but are not connected with payments
Inspections are carried out randomly
Only one final inspection is conducted
No inspections are conducted
Comment:
60.According to the legal framework, is BidCo required to provide a This year: -Click to Select-
guarantee upon completion of the works? Please do not include Legal basis:
warranties and defects liabilities that do not impose a financial burden
on BidCo.
Last year: No, according to Rules 39.3 and 57 of Sindh Public
61.If a post-completion guarantee is not required by law would it usually This year: -Click to Select-
be requested in practice by the Procuring Entity for a contract like the Comment:
one described in Section 1?
Last year: No
62.In practice, which instrument of post-completion guarantee would the Procuring Entity most commonly
request? Please do not include warranties and defects liabilities that do not impose a financial burden on
BidCo.
Retention of the whole performance guarantee
Retention of part of the performance guarantee – Please specify the amount (%):
Insurance guarantee
Bank guarantee / Letter of credit
Payment retention
63. In practice, how long after completion of the works is BidCo required This year:
to maintain the instrument you selected in Q.62?
5. Formal Challenges throughout the Procurement Process
Challenging the contract award
In answering the following questions please assume that:
 The Procuring Entity you selected in Q.1 has awarded a works contract to BidCo.
 Three companies challenge the award on the following grounds:
o Company 1 argues that BidCo submitted a recklessly low bid that should have been excluded.
o Company 2 argues that one of the evaluation criteria was used arbitrarily by the Procuring Entity to
reduce the Company’s final score.
o Company 3 argues that the technical project they submitted met the minimum standards established
by the tender documents and should not have been excluded.
Assume all challengers submit their claims within the legal deadlines, free of mistakes, pay the fees associated with
their challenges, and pursue their claims until no further legal remedy is available. Please include all administrative,
judicial and quasi-judicial authorities that may be involved in the process.
Answer
64.According to the legal framework, who has legal standing to challenge the contract award?
Bidders
Organizations/individuals with legitimate interests (i.e. neighbors)
Organizations that protect public goods (i.e. environment NGO)
Anyone
Other – please explain:
Legal Basis:
a. Which authority would hear the challenge? If more
than one is possible, please list all relevant
authorities and specify which one a complaining
party would most commonly choose.
b. How often would the award of a road works -Click to Select-
FIRST contract rendered by the Procuring Entity be
INSTANCE challenged?
c. Calendar days in practice between the moment a
challenge is filed and the day the complaining party
receives a decision.
d. Would the challenge suspend the procurement -Click to Select-
process?
a. To which authority would the first instance decision
be appealed?
b. How often would the first instance decision be -Click to Select-
appealed?
SECOND
c. Calendar days in practice between the moment the
INSTANCE
decision is appealed and the day the complaining
party receives a decision.
d. Would the appeal suspend the procurement -Click to Select-
process?
a. To which authority would the second instance
decision be appealed?
b. How often would the second instance decision be -Click to Select-
appealed?
THIRD
c. Calendar days in practice between the moment the
INSTANCE
decision is appealed and the day the complaining
party receives a decision.
d. Would the appeal suspend the procurement -Click to Select-
process?
65.If more than 3 instances of review are available, please list the
authorities and resolution times for all further tiers of review.
6. Research – COVID-19 Recovery

up the payment process, or to help suppliers resist
the impact of COVID-19?
a. Has the economy introduced (or already had Different payment deadlines for SMEs
put in place) any of the following? New limits or softer regulations for advance payments
Project Bank Accounts (ring-fenced accounts from
which payments are made directly and simultaneously by
the client to certain parties of the supply chain)
Reverse taxation (no VAT in invoice)
Mobile payment systems
Reprioritizing payments (fast-track, normal, or
suspended)
Legal basis or comment:
69.Please, indicate whether any of the following has Remote inspection via videoconference (mobile)
been implemented to monitor the execution of a Remote inspection via drone
works road contract: Remote inspection via location-tagged images
Third party inspection from citizens/communities or
government watchdog organizations
Other:
Legal basis or comment:
Thank you very much for completing the questionnaire!
We sincerely appreciate your contribution to the Doing Business project. The results will appear in the Doing Business
2022 report and on our website: www.doingbusiness.org.
Your work will be gratefully acknowledged in both, if you so indicated.

Contracting With The Government Questionnaire - Pakistan Karachi

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Contracting With The Government Questionnaire - Pakistan Karachi

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Contracting with the Government

Please follow these steps when completing the questionnaire:

The Contracting with the Government Team

First name Last name Position Firm Address Phone E-mail

 Entails resurfacing 20 km of a flat two-lane road (not a highway and not under

Please refer to the Procuring Entity you selected in Q.1.

Provided that where the

(a) where no formal signing of a

Provided that where the coming into

(2) Any bidder feeling aggrieved

(3) The committee shall

(4) Mere fact of lodging of a

(5) Any bidder not satisfied with

Data Web link for resource

Phase 1: Budgeting and Needs Assessment

In answering, please refer to the Procuring Entity you selected in Q.1.

Phase 2: from Advertisement to Bid Submission

In answering, please refer to the Procuring Entity you selected in Q.1.

Last year: Yes Last year:

TENDER NOTICE & TENDER DOCUMENTS

Phase 3: from Bid Opening to Contract Signing

In answering, please refer to the Procuring Entity you selected in Q.1.

EXCLUSION & LOSS

Phase 4: Contract Management

In answering, please refer to the Procuring Entity you selected in Q.1.

Phase 5: Payment, Delays and Quality Assessment

The following questions relate to payment and inspections.

In answering, please refer to the Procuring Entity you selected in Q.1.

In answering, please refer to the Procuring Entity you selected in Q.1.

Challenging the contract award

In answering the following questions please assume that:

6. Research – COVID-19 Recovery

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