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Public Procurement in the light

of PPR 2008 and subsequent


amendments
CE-301
PPR 2nd Class (6th Class Mid 1)
Procurement Related Documents
• Preparation of Procurement Related Documents and their
Contents |— Rule 4(1) Documents needed for Pre-
Qualifications, Tenders and Proposals shall be prepared by the
Procuring Entity following the Standard Documents issued by
the CPTU listed in Schedule I .

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Procurement Related Documents
• Rule-4(2) The Documents for Goods and related Services, Works and
Physical Services shall, depending on the context, among others include—
instructions for the preparation and submission of a Proposal or a
Tender;
information concerning the deadline and location(s) for receipt of
Proposals; or the date, hour (local time) and location of the receipt and
public opening of the Tender(s);
a Tender Submission Sheet and sample formats for Tender Security;
Performance Security and manufacturers’ authorisation, where
applicable;
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Procurement Related Documents
• Rule 4(2) contd…
Conditions of Contract, general and particular;
detailed specification of requirements of goods and works;
the period during which the Tender must remain valid;
the qualifications and other criteria to be taken into
account in the evaluation;
a statement to the effect that the Procuring Entity may
reject any or all Applications, Tenders or Quotations;
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Procurement Related Documents
• Rule 4(3) The Procuring Entity shall set out clearly the relevant
information and conditions in the Tender or Proposal Documents.
These information and conditions among others include:-
the description of the Works and Physical Services to be carried out;
the drawings and location of the Works;
the description of the Goods and related Services to be supplied; (d) the
location of delivery or installation;
the schedule for delivery and completion;
the minimum performance requirements;
the warranty, defects liability and maintenance requirements;
the amount(s) and currency(ies) of Tender security and performance
security;
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Procurement Related Documents

• Tender Documents, where appropriate, shall define the tests, standards and
methods that shall be used to determine the compliance of the Goods or equipment
to be delivered or Works to be performed with technical specifications. Rule 4(4)
• Technical specifications shall be prepared in a non-restrictive manner so that a fair
and open competition is possible and shall be consistent with drawings included in
the Tender Documents. Rule 4(5)
• The Procuring Entity may, if necessary, seek the assistance of external specialists
from outside the Procuring Entity at the time of for preparing the Tender Document.
Rule 4(6)
• The Documentation needed for consultancy Services (i.e. Request for Proposal and
Terms of Reference) shall be prepared following provisions in Chapter Six of these
Rules 4(8).

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Documents forming the Contract
• Shall be in the following order of precedence Rule 4(7)
1. Signed contract
2. The Notification of Award
3. The Tender and Appendices of Tender
4. Particular Conditions of Contract 5. General Condition of Contract
6. Technical Specifications 7. General Specifications 8. Drawings
9. Price Schedule and Schedule of Requirements for goods or Bill of
Quantities for works
10. Other Documents

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COMMITTEES
• Who appoints Tender/Proposal Evaluation Committee?
Approving authority appoints. Rule 8
However, if AA is above the HOPE, approval of the chairperson of the
board or secretary of the ministry or division is required. Rule 8(3)
• TEC members are selected from
 line ministry/division/agencies Rule 8(5)
 Officers or specialists from other Ministry/division/agencies or
universities as externals by designations Rule 8(5)
 ALL with knowledge and high integrity. Rule 8(7)

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COMMITTEES
• Tender or Proposal Evaluation Committee, Schedule II
Minimum five (5) and normally not exceed seven (7) members
Two (2) of whom at least shall be from outside the Ministry or Division
or agencies under it,
At last five (5) members including two (2) outside members shall
attend the Evaluation and sign the Evaluation Report
• Evaluation Committee for low value Procurement, Schedule II
Minimum three (3) members of whom one (1) member may be
selected from another agency or another Procuring Entity
At last three (3) members shall attend the Evaluation and sign the
Evaluation Report
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COMMITTEES

• The Approving Authority may designate one (1) of the Evaluation


Committee members as Member Secretary of the Evaluation
Committee. Rule 8(7)
• Notice inviting meetings shall be sent to all members of the Evaluation
Committee and the meeting shall be held valid only when the minimum
number of members, specified in Schedule II , are present. Rule 8(8)
• The Evaluation Committee shall, to the extent practical and possible,
work continuously once they have begun an evaluation in order to
complete evaluation within the time limit prescribed under Rule 36.
Rule 8(9)

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COMMITTEES
• The external members shall not be from within the unit(s) of the
same Procuring Entity, Ministry or Agency. However, the Head of
the Procuring Entity or an officer authorised by HOPE may appoint
such members from other PE established under the same Ministry
or Division or Agency for low value procurement as specified in
schedule II. Rule 9(1) & 9(2)
• TEC/PEC members removed only by AA on grounds include Rule
8(11)
Does not disclose links/connection with applicant or tenderer
Remains absent in 2 consecutive meetings
In direct breach of section 64 of the ACT
Transfer, death or absence from the country
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COMMITTEES
• The Approving Authority may also appoint a Technical Sub-
Committee (TSC) with maximum 3 members or include other experts
in the EC subject to the member limitation in TEC/PEC. Rule 8(14)
• shall be formed prior to the invitation for Application, Tender
or Proposal, but certainly must be formed before the deadline
for submission. Rule 8(1)
• In order to ensure smooth operation of the Evaluation Committee, a
provision for an incentive, fee or honorarium, in the rate mentioned
in Schedule II or as may be determined by the Government from
time to time, for each Evaluation Committee member shall be made.
Rule 8(15)
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Procurement Plan
• Preparation of Procurement Plan is mandatory for all PE. Rule 16(1)
• Shall include all targeted objects or issues to be procured, irrespective of
value or methods, classified by category “such as Goods and related Services,
Works, Physical Services and Intellectual and Professional Services“. Rule 16(2)
• The Procurement Plan and the official cost estimates shall require approval of
the Head of the Procuring Entity or an officer authorised by him or her. Rule
16(7)
• At the beginning of each financial year, the PE shall arrange to publish the
procurement plan on their notice boards, and where applicable in websites.
Rule 16(9)
• The PE shall update the Procurement Plan on a quarterly basis to
accommodate delays, re-tendering and other unforeseen changes or
constraints. Rule 16(10)
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Competition in Procurement Rule 18
• The Procuring Entity shall –
(a) provide reasonable access for visits by potential Tenderers
(b)arrange a pre-Tender meeting at which potential Tenderers may
meet with the PE’s representatives to ask questions and seek
clarifications,
(c) provide minutes of such meeting, to all prospective Tenderers who
have purchased the Tender Documents and to even those who did not
attend the meeting.
(d) circulate any additional information or correction of errors in the
Tender Documents to all Tenderers.
• The criteria to be taken into account for assessment shall be clearly
mentioned in the relevant Documents and the Applicant or Tenderer
shall be allowed sufficient time to respond. 14
Tender or Proposal Validities
• Determination of Validities
The validity period shall be determined depending on the
complexity of the Tender or Proposal and the time needed for
its evaluation and approval and shall be within the limits
specified in Schedule II . Usually 60 to 120 days. Rule 19(1) &
Schedule II
• Time Limit for Evaluation of Tenders and Proposals
shall complete evaluation and award of Contract within the
initial period of Tender or Proposal validity. Rule 20(1) 15
Tender or Proposal Validities
• Extension of Validity
 A PE may, if justified, request in writing a Tenderer or an Applicant
to extend the validity period before the expiration date. Rule 21(1)
For the first extension of validity, the approval of the HOPE and for
second extension of such validity, the approval of the next higher
level of authority shall be obtained. Rule 21(1)

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