Professional Documents
Culture Documents
PROCUREMENT MANAGEMENT
AND
ORIENTATION TO PPRA RULES
By
Muhammad Tariq
Managing Director Pakistan WAPDA Foundation
10- Temple Road Lahore.
Dated : 30.10.2023 0313-4011529, 0334-4777649
SEQUENCE OF PRESENTATION
PROCUREMENT MANAGEMENT
PROCUREMENT
•Main Principal of Procurement
•Procurement Chain
•Methods of Procurement
•Procedures of Procurement
•Evaluation Criteria
3
PROCUREMENT
AND
CONTRACT MANAGEMENT
4
Procurement and Contract
management follows a logical order;
Procurement
Plan what you need to contract AND how you’ll do it.
Fixed your contract requirements and sent to Bidders.
Bidders will submit the proposals/ bids.
You pick the best one, and sign the contract.
Contract management
When work begins, you monitor and ensure the contract
is going under agreed conditions.
When the work is done, you close out as agreed
contract. 5
PROCUREMENT
Procurement is the acquisition of goods, works
or services and disposal of public assets (added in
2020) generally via contract:
o At the economical cost,
o In right quantity and quality,
o At the right time and in the right place,
o For the direct benefit or use.
MAY FOLLOW:
Public Procurement Regulatory
Authority (PPRA) Rules
6
CONTRACT MANAGEMENT
Dealing with other party under the signed/agreed
conditions of contract or contract clauses.
It includes but not limited to:
Extension Of Time (EOT)
Variation Order (VO)
Modification of clauses through amendments
Payments
Settlement of disputes (If any)
FOLLOW:
FIDIC Condition of Contract
7
PROCUREMENT MANAGEMENT
8
1. TYPES OF PROCUREMENT
Types of Specifications:
Four types:
– Proprietary Product Specifications
– Method Specifications
– End-result Specifications
– Performance specifications (generally recognized in
the construction industry)
2-Main Principal of Procurement
Efficiency;
Economy;
Fairness;
Reliability;
Transparency;
Value of money;
Accountability and Ethical Standards.
Main Principles of procurements by PPRA-Rule-4:
Procurement process will be efficient and
economical, Fair and transparent and value for
13
ESSENTIALS FOR PROCUREMENT
IN WAPDA
WAPDA Composite Schedule of Rates- 2022
Foreign Funding
• GUIDELINES AND STANDARD BIDDING DOCUMENTS OF DONORS:
oWorld Bank
oAsian Development Bank
oKfW
oJICA etc
15
Mandatory Bidding Documents
Pakistan Engineering Council (PEC) approved
Documents
1. SBD ; Smaller Contracts (up to Rs. 25 million)
2. SBD ; Procurement of Civil Works (> Rs 25 million)
3. SBD; Procurement of E&M Works (>Rs 25 million)
4. ECS ; Fee less than Rs. 2 million (Lump Sum)
5. ECS ; Fee more than Rs. 2 million (Lump Sum)
6. ECS ; Fee more than Rs. 2 million (Time Based)
Preparation Advertisement
EOI>RFP/ Sourcing Receipt and Opening
PQD>Bids (Potential Suppliers)
Bidding
Review By Contracts
Evaluation of Offers Committee
20
PROCUREMENT / PROJECT CYCLE FOR GOODS, WORKS & CONSULTANTS
Identification
PROCUREMENT
PROCUREMENT Contract Packaging Applicable Procedures
PLANNING
PLANNING Approval of Estimates/PC-II & Target Dates
PC-I
PREQUALIFICATION
EOI/ prequalification Evaluation of applicants
PREQUALIFICATION/ / Draft Prequalification Approval of list of Pre-
SHORTLISTING
SHORTLISTING Documents qualified/ shortlisted
bidders/consultant
Selection of Standard
BIDDING
BIDDING Document
DOCUMENTS
DOCUMENTS Prepare of Draft Bidding Conditions of Contract
Document
Evaluation Criteria
Specifications & Drawings
INVITATION
INVITATIONOFOFBIDS/
BIDS/
Proposals
Proposals Issue of RFP/Bid Document Redressal of grievances
Opening of Proposals/Bids Recommendations for
evaluation & comparison of award
bids
CONTRACT
CONTRACT Modification of clauses EOT
MANAGEMENT
MANAGEMENT through amendments VO
Dispute resolution 21
4-METHODS OF PROCUREMENT
22
International Competitive Bidding (ICB)
The purpose of International competitive bidding is to
achieve best value for money especially for large and
complex works by providing equal and fair opportunity to
potential bidders internationally. It is suitable when:
There is an interest by foreign suppliers or bidders in
works or supplying the required goods;
The requirements for the procurement aspect of the
project are widely available internationally; and
The capacity of local bidders is not sufficient to meet the
qualification requirements of large and technically
complex projects.
23
National Competitive Bidding (NCB)
National Competitive Bidding is essentially open competitive
bidding for procurement of works, goods and services at national
level. It is suitable when:
The values of works, goods and services being procured are small
in relation to the effort that international bidders need to tender;
The capability and competitiveness of local bidders makes it
unattractive for foreign bidders to compete for contracts below a
certain value;
The contract involves a significant transportation component and
are labor intensive; and
Small works to be executed in remote areas or work in spread in
areas.
24
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CONTENTS OF BIDDING DOCUMENT
• Instructions to Bidders.
• Bidding Data.
• Bid forms (Technical and Financial)
• Evaluation Criteria
• General Conditions of Contract, Part-I (GCC).
• Particular Conditions of Contract, Part-II (PCC).
• Specifications - Special Provisions.
• Specifications - Technical Provisions.
• Form of Bid & Appendices to Bid.
30
5-EVALUATION CRITERIA FOR WORKS
TECHNICAL CRITERIA
• Similar Projects
– 1 to 3 Nos. of similar project completed/ substantially
completed during last 5 to 10 years
• Key Activities
– Volume, Number or rate of production of any key
construction activity (or activities) one or more contracts
combined if executed in same period, like:
• Rate of RCC work in m3/month
• Rate of excavation in m3/month
31
EVALUATION CRITERIA FOR WORKS
FINANCIAL CRITERIA
Based on average of last 3 to 5 years audited balance sheets
Financial Capabilities:
Net worth should be positive
Availability of liquid & real assets
Lines of credit and other Financial means less contractual
advance in any other contract
• Capacity of Cash Flow for 4 months
– (Estimated cost / Project duration in months) x 4
• Capacity of Average Annual Turnover
– (Estimated cost / Project duration in years) x 1.5
32
EVALUATION CRITERIA FOR HIRING OF CONSULTANT
(i) Specific experience of firm/JVs relevant to the Assignment: [weight 0 to 10]
(ii) Adequacy and quality of the proposed methodology, and work plan in
responding to the Terms of Reference (TORs): [Weight 20 to 50]
{Notes to Consultant: the Client will assess whether the proposed methodology is clear, responds to
the TORs, work plan is realistic and implementable; overall team composition is balanced and has an
appropriate skills mix; and the work plan has right input of Experts}
Total points for the five criteria (i+ ii+ iii+ iv+ iv): 100
The minimum qualifying technical score (St):
[ranges 70 to 85 on a scale of 1 to 100]
• RULES – 2004
• QUESTION/ ANSWERS
1-PPRA RULES – 2004
37
Rule No. 2 DEFINITIONS
“bid” means a tender, or an offer, in response to an invitation, by a
person, consultant, firm, company or an organization expressing his
or its willingness to undertake a specified task at a price;
38
Rule. 5
International and Inter-governmental
Commitments
Whenever these rules are in conflict with an
obligation or commitment of the Federal
Government arising out of
an international treaty or
an agreement with a State or States, or
any international financial institution
40
RESPONSE TIME
43
BIDDING DOCUMENTS
• (1) May reject all bids or proposals at any time prior to the
acceptance of a bid or proposal.
Only convey the grounds for rejection of all bids or
proposals, but is not required to justify those grounds.
• (2) Notice of the rejection of all bids or proposals shall be
given promptly to all suppliers or contractors that
submitted bids or proposals.
RE-BIDDING
PPRA RULE NO. 34
• Re-bidding allowed if bids rejected;
51
• Price fixed by the government or any other authority,
agency or body duly authorized by the Government, on
its behalf; and
• Purchase of motor vehicle at manufacturer’s price
Negotiated tendering (PPRA Rule 42d)
• For specific piece of research etc;
• For technical or artistic reasons or for reasons connected with
protection of exclusive rights or intellectual property; and
• Extreme urgency brought about by events unforeseeable by the
procuring agency, the time limits laid down for open and limited
bidding methods cannot be met. The circumstances invoked to
justify extreme urgency must not be attributable to the procuring
agency :
52
PPRA Rules 2004
LOWEST BIDDER MAY NOT BE
“THE RESPONSIVE LOWEST EVALUATED BIDDER”
the
The general perception that when the tender is opened the Bid which is
lowest at the time of Tender Opening is the Lowest Bid and shall be
awarded the Tender.
responsiveness
After Tender Opening preliminary
of all Bids.
checks are required to determine the
requirements
A bid is non-responsive and not to be considered for evaluation, if the mandatory
are not fulfilled by the bidder.
carried
After the responsiveness check, the evaluation of only the Responsive Bids are
for determining the Cost of Bids, which in case of Equipment Supply also
includes the lifecycle cost of the equipment.
prices,
The evaluated tender prices of all Bids thus arrived are the responsive evaluated
and the lowest amongst them is awarded the tender.
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2-AMENDED RULES - 2020
54
Important Amendments in PPRA 2020
e-Procurement (Rule-7A): use of information and
communication technologies or digital or electronic means for
procurement process.
59
Important Amendments in PPRA 2021
Specifications (Rule-10)
Confidentiality (Rule-41)
For works & services which are time sensitive and in the public
interest.
Conditions:
i.Organization/ body engaged shall be eligible to perform.
ii.State owned entity shall accomplish the work exclusively
through its own resources without involving private sector or
JV.
iii.Where more than one State owned entity, limited competition
shall be held without advertisement.
iv.Devise a mechanism for determining price reasonability.
66
FORCE ACCOUNT (42e)
VS
DIRECT CONTRACTING WITH STATE OWNED
ENTITIES (42f)
42e 42f
Procurement of small Procurement of works and
works & non-consultancy services including
services consultancy services which
Procurement does not are time sensitive and in
exceed Two hundred public interest.
million PKR.
67
POSTING OF CONTRACT
AWARDS ON PPRA’S WEBSITE
• All procuring agencies whether within or outside
Pakistan shall ensure that all documents related to the
evaluation of bid and award of Contract without any
reference to the Contract Amount be made public and
all such documents be provided to PPRA w.e.f.
01.07.2021 for statistical analysis as well as publishing
on PPRA’s website.
• PPRA Letter dated 01.07.2021.
REDRESSAL OF GRIEVANCES
BY THE PROCURING AGENCY
PPRA RULE NO. 48 (amended in 2021)
• Any party may file complain before proposal submission
deadline regarding evaluation criteria, eligibility parameters
etc.
• Any party after submission of bid feeling aggrieved by the act
of procuring agency may file complain after submission of bid:
– Within 07 days of announcement of TER.
– 05 days after the issuance of Final Evaluation Report (FER)
REDRESSAL OF GRIEVANCES
BY THE PROCURING AGENCY
• Complain on TER, GRC shall suspend procurement
proceedings
• Complain after FER, no object on TER cannot be
raised.
• GRC will finalize within 10 days of complain receipt.
• Non-satisfaction of GRC response leads to appeal before
PPRA within 30 days of communication of decision by paying
fee. PPRA decision shall be final.
4-PPRA Rule 2010
AND
PROCUREMENT OF
SERVICES
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PROCUREMENT OF
CONSULTANTS
1.REQUEST FOR PROPOSAL
The RFP includes:
• Letter of Invitation (LOI );
• Instructions to Consultants (ITC), including a Data
Sheet and Evaluation Criteria;
• Technical proposal standard forms;
• Financial proposal standard forms;
• Terms of Reference (TOR); and
• Standard form of contract Agreement.
• Time Based Contract
• Lumpsum Contract
2. Terms of Reference
Before the process of recruitment of a
consulting firm starts, the objective and
scope of the proposed work, and the
functions and duties to be assigned to the
consultants should be clearly and
adequately defined in the TOR.
2.Estimation of Input/Costs
Estimation of Time Inputs
– Activity schedule
– Staffing Schedule
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SELECTION METHODS
AVAILABLE
• Quality and Cost Based Selection (QCBS)
• Quality Based Selection (QBS)
• Fixed Budget Selection (FBS)
• Least Cost Selection (LCS)
• Selection based on Consultants’ Qualifications
(CQS)
• Single Source Selection (SSS)
PPRA-2010 Rule-3 : Methods for Selection
Method of Procurement of Consultancy Services
depends upon nature, size and complexity of works,
goods or other tasks for which Services are required.
Following common methods may be used considering
quality, time and other aspects:
1.Quality based Selection (QBS);
This method is appropriate for complex and high value
projects of national importance. Cost will not be factor in
selection. However, rationality and fairness of fee
structure shall be examined before award of contract.
This method adopted in hiring of services for
Construction supervision of Basha and Mohamand Dam
projects 76
2. Quality and Cost Based Selection(QCBS);
Most commonly used method approved by
Authority 80:20
This method shall be used where quality is the
prime consideration while cost is the secondary
consideration.
3. Fixed Budget Method; and
4. Least Cost Method(LC).
77
Why Organizations Fail to Manage Contracts
Successfully
Poorly drafted contracts;
Inadequate resources are assigned to contract
management;
Client team does not match the Contractor/Consultant
team in terms of either skills or experience (or both);
Wrong people are put in place, leading to personality
clashes;
The context, complexities and dependencies of the
contract are not well understood;
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CONCLUSIONS
Formulate well thought procurement strategy.
Depute technically sound team for procurement.
Follow the procurement rules and applicable guidelines.
Ensure substancial completion of design, finances and site
possession before award.
Select best possible Consultants & Contractor.
Deal with unforeseen physical conditions /eventualities with best
of competence.
Avoid variations to the possible extent.
Be visionary and pro-active; act “A step ahead of time”.
79
THANK YOU