ISLAMABAD: The Public Procurement Regulatory Authority (PPRA) has revised rules to blacklist procuring agencies in case of their involvement in violations of procedure.
PPRA has amended its Regulations at a time when some Government entities like NHA, NGC( erstwhile NTDC), NESPAK and Discos are under scrutiny of different panels of Parliament including Public Accounts Committee (PAC).
According to new set of PPRA Blacklisting Regulations, any bidder, supplier or contractor or bidder will be blacklisted which will be involved (i) for ten years in corrupt and fraudulent practices or convicted under the laws of Pakistan that calls into serious question the honesty of the person; or (ii) for five years in case the bidder/supplier/contractor in relation to a submission of bids, has knowingly provided false or misleading information or has failed to disclose material information concerning its eligibility in accordance with rule 21; or (iii) for 6 months in case the bidder / supplier / contractor has failed to perform his contractual obligations during the execution of the contract, provided action has been taken by the procuring agency under the contract to establish a breach of contract; and (iv) blacklisted for participation in respective category of public procurement or disposal proceedings for a period of not more than six months, if the bidder fails to abide with a bid securing declaration, however without being indulged in any corrupt and fraudulent practice.
The procuring agency shall refer the case of blacklisted bidders/suppliers/contractors under sub-rule 1 to the Authority for cross debarment. The Blacklisting Committee established by the Authority shall provide an opportunity for the parties to be heard and if the allegations against the bidder are found to be substantiated, shall (i) cross debar the bidder/suppliers/contractors, for a period equal to the period of blacklisting awarded by the procuring agency under sub rule (1) ;(ii) cross debar the bidder / suppliers/contractors from participation in any or a certain type of procurement process, subject to any condition the authority considers necessary ;(iii) impose any other penalty i.e. imposition of fine other than debarment keeping in view the gravity of the failure in performance of the contract.
The decision to blacklist a bidder / supplier / contractor by the procuring agency shall not take effect unless legal remedy provided under sub-rule (6) is exhausted or lapsed. The final decision of blacklisting and/or cross debarment shall be immediately communicated to the bidder as well as uploaded on Authority’s website.
Notwithstanding anything contained in this rule, the blacklisted bidder shall, at the option of respective procuring agency, be bound to perform its contractual obligations in any public contract or contracts in which such bidder is already engaged.
The bidder may file the review petition before the Authority within thirty days of communication of such blacklisting or barring action after depositing the prescribed fee and in accordance with procedure issued by the Authority, and the Authority shall evaluate the case and decide within ninety days of filing of review petition. The decision of the Authority shall be considered as final.
A bidder who has been declared blacklisted or debarred by an international financial institutions, International organizations, foreign country or other multilateral development Bank shall be treated as blacklisted and cross debarred from participating in any public procurement proceedings or entering into any public contract for such period as declared by that international financial institutions, International organizations, foreign country or other multilateral development Bank: “ Provided that in case of public sector entities, PPRA Board shall have the power to review and examine the case on the basis of evaluations made by the Authority, and decide the case accordingly.
Notwithstanding anything contained in this rule, the blacklisted or debarred bidder shall be bound to perform its contractual obligations in such on-going public contract or contracts in which such bidder is already engaged. This shall however be at the option of respective procuring agency.
Methods of Procurement.- A procuring agency may use one of the following methods for procurement: (i) open competitive bidding: a procurement procedure in which an eligible economic operator may submit a tender or bid in response to a procurement notice; (ii) Shopping: a procurement procedure for procurement of small amounts of off- the shelf goods or standard specification commodities or urgent minor civil works; (iii) Direct contracting: a procurement procedure where a procuring agency enters into a procurement contract with an economic operator without bidding due to legal, technical, economic or efficiency constraints listed in rule 53(1)(c); (iv) negotiated tendering: a procurement with or without publication of a procurement notice where the procurement involves research or innovation; and (v) Force account: a procurement procedure for smalls works and non-consultancy services through direct contracting with a state-owned agency in accordance with rule 53(l)(e). Ends
