1-41 Tendering PPRA

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PROJECT MANAGEMENT

Modules of Project Management Course


1. Introduction to Project Management
2. Scope of project
3. Planning and Integration
4. Tendering & Proposal Writing for a Project Proposal writing
5. Time Management
Build your CV
6. Cost Management
7. Quality Management
Create an Account Profile on Fiverr (at least two gigs) and Upwork
8. Human Resources Management
9. Communication Management
10. Risk Management
11. Procurement Management
12. Stakeholder Management
13. How to Search and Apply for Jobs in at Least Two Labor Marketplace Countries
(KSA, UAE, etc.)
Tender
tender means a bid 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 / Project at a
price

Contract
‘contract’ means the agreement proposed to be entered into
between the procuring agency and the successful bidder;

Contractor
‘contractor’ means a person, firm, company or an organization
who or which undertakes to supply goods, services or works
/Project and includes a consultant;
Emergency
‘emergency’ means natural calamity/tragedy, disaster, accident,
war and operational emergency which may give rise to abnormal
situation requiring prompt and immediate action to limit or
avoid damage to person, property or the environment;

difference between prompt and immediate is that


prompt is ready, willing (to act) while
immediate is happening right away, instantly, with no delay.
Proposal
‘proposal’ means the technical proposal or the financial
proposal submitted by a bidder
urgency
means a limited timeline for the accomplishment of
procurement which cannot be met through open and limited
bidding method; and

value for money


‘value for money’ means the best returns for each rupee spent
in terms of quality, timeliness, reliability, after sales service, up-
grade ability, price, source, and the combination of whole-life
cost and quality to meet the procuring agency’s requirements
Performance Guarantee’
performance guarantee’ means the bank guarantee or other
form of security submitted by the contractor to secure
obligations under the contract in accordance with the
requirement in the bidding document;

Advertisement
`advertisement‟ means an advertisement published in the
prescribed manner
applicant
`applicant‟ means a person or firm who seek/look for to be
enlisted or to be prequalified or to be shortlisted in response to
the advertisement given by the procuring agency;

Biding Document
„biding document‟ means a document or a set of documents
prescribing the quantity, quality, characteristics, conditions and
procedures of the transactions prior to the actual procurement
and on the basis of which bidders prepare their bids;
Bid Security
„bid security‟ means the bank guarantee or other form of security
submitted by a bidder together with a bid to secure the obligations
of the bidder participating in a bidding/Tendering proceedings

Competitive Bidding
competitive bidding‟ means a procedure leading to the award
of a contract whereby all the interested persons, firms,
companies or organizations may bid for the contract;
Competent Authority
„competent authority‟ means the head of the procuring agency
or any other officer authorized to act as competent authority;

Completion Date
completion date means the date of completion of the
procurement /Project certified by the procuring agency;
Consultant
Consultant means a person or firm who or which is qualified by
appropriate education and relevant experience for provision of
consultancy services;

Consultancy Services
consultancy services means services requiring adequate
technical expertise and financial capability in undertaking
specific assignment or project and may be of an intellectual
nature and differ from the other types of services directly
connected with the procurement of goods and works in which
the physical component of the activity is the main function and
often involves equipment intensive assignments and may
include:
Consultancy Services (Continued)

(i) advisory and review services;


(ii) pre-investment or feasibility studies;
(iii) construction supervision;
(iv) management and related services, and
(v) other technical services or special studies;
(vi) design; and
(vii) surveys and investigations;
Evaluation Committee
evaluation committee means a committee constituted by the
procuring agency to evaluate tender or proposal to ascertain
whether the bid’s proposal or tender correspond to the
evaluation criteria formulated by the procuring agency;

Evaluation Report‟
„evaluation report‟ means the report prepared after the
evaluation of tenders, quotations, expression of interest, or
proposal
Lowest evaluated bid means:
(i) a bid most closely conforming to evaluation criteria and
other conditions specified in the bidding document; and
(ii) having lowest evaluated cost;

Performance Guarantee
performance guarantee means the bank guarantee or other
form of security submitted by the contractor to secure
obligations under the contract in accordance with the
requirement in the bidding document
pre-qualification
pre-qualification means a procedure for demonstrating
qualification as a pre-condition for being invited to tender;

Responsive
Responsive means qualified for consideration on the basis of
declared evaluation criteria and specified in the bid document
or in the request for proposal (RFP)
Framework Contract
framework contract‟ means a contract whereby the procurement
is made for a certain volume or quantity of a particular good, a
set of goods, services or works over a specific period against an
agreed sum or rate per item or lump sum

Large Consultancy
means a consultancy where the cost of consultancy exceeds
two million rupees for individual consultant and five million
rupees for consulting firms and the duration of large
consultancy for an individual consultant shall not exceed
twelve months
Short Consultancy
Short Consultancy means consultancy where the cost of
consultancy does not exceed two million rupees for individual
consultant and five million rupees for consulting firms and
duration of the short consultancies for an individual
consultants shall not exceed six months];

Scope and applicability


Scope and applicability.– Save as otherwise provided, these
rules shall apply to all public procurements made by all
procuring agencies whether within or outside the Punjab
Principles of Procurements
A procuring agency, while making any procurement, shall
ensure that the procurement is made in a fair and transparent
manner, the object of procurement brings value for money to
the procuring agency and the procurement process is efficient
and economical

International Commitments of the Government.– If any


provision of these rules is in conflict with any obligation or
commitment of the Government arising out of an international
agreement with a state or states, or any international
financial institution, the provisions of such international
agreement, to the extent of conflict, shall prevail.
Integrity pact.– Procurement exceeding the limit specified
in the regulations shall be subject to an integrity pact between
the procuring agency and a contractor
10. Specifications.
1) A procuring agency shall determine specifications in a manner
to allow the widest possible competition which shall not favor
any single contractor nor put others at a disadvantage.
(2) The specifications shall be generic and shall not include
references to brand names, model numbers, catalogue numbers or
similar other classifications but if the procuring agency is satisfied
that the use of, or a reference to, a brand name or a catalogue
number is essential to complete an otherwise incomplete
specification, such use or reference shall be qualified with the
words “or equivalent
(3) The provisions contained in sub-rules (1) and (2) shall not apply
to any procurement made by a procuring agency which is a public
sector commercial concern on the demand of a private sector
client specifying, in writing, a particular brand, model or
classification of equipment, machinery or other objects.

Approval Mechanism.–
All procuring agencies shall provide clear authorization and
delegation of powers for different categories of procurement and
shall initiate procurements after prior approval of the competent
authority
12. Method of advertisement.– (1)
Save as otherwise provided in these rules, a procuring agency
shall advertise procurement of more than [two] hundred
thousand rupees and up to the limit of [three] million rupees on
the website of the Authority in the manner and format specified
by regulations but if deemed in public interest, the procuring
agency may also advertise the procurement in at least one
national daily newspaper

any procurement exceeding [three million] rupees shall be


advertised on the website of the Authority, the website of the
procuring agency, if any, and in at least two national daily
newspapers of wide circulation, one in English and one in Urdu.
A procuring agency shall ensure that the information posted on
the website is complete for purposes for which it has been
posted, and such information shall remain available on that
website until the closing date for the submission of bids

petty purchases: a procuring agency may engage in petty


purchases where the object of the procurement is below the
financial limit of [seventy five] thousand rupees and such
procurement shall be exempted from the requirements of
bidding/tendering or quotation of prices; the procuring agency
shall, however, ensure that procurement of petty purchases is in
conformity with the principles of procurement;
petty purchases through quotation: a procuring
agency may engage in petty purchases through at least three
quotations where the cost of the procurement is more than
[seventy five] thousand rupees but less than [two] hundred
thousand rupees and such procurement shall be exempted from
the requirements of bidding procedures; the procuring agency
shall, however, ensure that such procurement is in conformity with
the principles of procurement
13. Exceptions.
The requirement of advertisement, may be dispensed with after
prior approval of the Authority in the following cases:
(a) the proposed procurement pertains to national security and
its publication may jeopardize or compromise the objectives of
national security; and
(b) the publication of advertisement or notice of the proposed
procurement involves disclosure of information which is
proprietary in nature or falls within the definition of intellectual
property which is available from a single source.
14. Response time
The procuring agency may decide the response time for receipt
of bids or proposals/tenders (including proposals for
prequalification) from the date of publication of an
advertisement or notice keeping in view the complexity of the
procurement, availability and urgency but, in no circumstances,
the response time shall be less than fifteen days for national
competitive bidding and thirty days for international competitive
bidding from the date of publication of advertisement or notice.
All advertisements or notices shall expressly mention the
response time allowed for the procurement along with the
information for collection of bid documents which shall be
issued till a given date, allowing sufficient time to complete and
submit the bid by the closing date but the time limit shall not
apply in case of an emergency procurement.

The response time shall be calculated from the date of


publication of the advertisement in a newspaper or on the
website, whichever is later.
Framework contract.
A procuring agency may procure goods, services or
works through framework contract in order to
ensure uniformity in the procurement

means a contract whereby the procurement is


made for a certain volume or quantity of a
particular good, a set of goods, services or works
over a specific period against an agreed sum or
rate per item or
lump sum
Prequalification
Procuring agency may, prior to floating the tenders
or invitation to proposals or offers, engage in
prequalification of bidders in case of services,
civil works, turnkey projects and also in case of
procurement of expensive and technically complex
equipment to ensure that only technically and
financially capable firms or persons having
adequate managerial capacity are invited to
submit bids/tenders
The procuring agency shall prequalify bidders
under sub-rule (1 Previous) in case of
procurement of one hundred million rupees
and above and large consultancy, except
where a procuring agency, for reasons to be
recorded in writing, dispenses with the
requirement of prequalification of bidders.
For purposes of the prequalification of
bidders, a procuring agency shall take into
consideration the following factors:
(a) qualifications;
(b) relevant experience and past performance;
(c)capabilities with respect to personnel,
equipment, and plant;
(d) financial position;
(e) appropriate managerial capability; and
(f) any other factor that a procuring agency may
deem relevant, not being inconsistent with these
rules.
The procuring agency shall ensure that the
prequalification is based on the capacity of the
interested parties to satisfactorily perform the
services or works

In case of fast track projects where the time is


the essence or where potential consultants are
limited or the assignment is of a complex nature,
the procuring agency may, after recording reasons
and with the approval of Provincial
Development Working Party, invite a request
for proposals through public notice
Blacklisting.–(1)
A procuring agency may, for a specified period,
debar a bidder or contractor from participating in
any public procurement process of the procuring
agency, if the bidder or contractor has:
(a) acted in a manner detrimental/harmful to the
public interest or good practices;
(b) consistently failed to perform his obligation
under the contract;
(c) not performed the contract up to the mark; or
(d) indulged in any corrupt practice.
“Corrupt Practice” means the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value to influence
the acts of another party for wrongful gain;

“Fraudulent Practice” means any act or omission,


including a misrepresentation, that knowingly or
recklessly/irresponsibly misleads, or attempts to mislead, a
party to obtain a financial or other benefit or to avoid an
obligation;

“Coercive/Forced Practice”
means any impairing/damaging or harming, or threatening to
impair/damage or harm, directly or indirectly, any party or the
property of the party to influence the actions of a party to
achieve a wrongful gain or to cause a wrongful loss to
another party
“Collusive Practice” means any arrangement between
two or more parties to the procurement process or contract
execution, designed to achieve with or without the knowledge of
the procuring agency to establish prices at artificial,
noncompetitive levels for any wrongful gain;

Collusion is when two or more parties secretly agree to


defraud a third-party of their rights or accomplish an
illegal purpose.

Collision Collusion
one moving object or secret or illegal cooperation
person striking violently or conspiracy in order to
against another. deceive others
Open competitive
bidding/Tendering.–
The procuring agencies shall engage in open
competitive bidding/tendering if the cost of
procurement is more than the prescribed financial
limit.
Submission of bids /tender
A bidder shall submit a bid in a sealed package or
packages in such manner that the contents of the
bid are fully enclosed and cannot be known until duly
opened.
A procuring agency shall specify the manner and
method of submission and receipt of bids in an
unambiguous and clear manner in the tender/bidding
documents.
Bidding/Tender documents.
A procuring agency shall formulate precise and
unambiguous bidding documents that shall be made
available to the bidders immediately after the
publication of the invitation to bid/tender.
For competitive bidding, whether open or limited,
the bidding documents shall include the following:
1. invitation to bid;
2. instructions to bidders;
3. form of bid;
4. form of contract;
5. general or special conditions of contract;
6. specifications and drawings or performance
criteria (where applicable);
7. List of goods or bill of quantities (where
applicable);
8. Delivery time or completion schedule;
9. Qualification criteria (where applicable);
10.Bid evaluation criteria;
11.Format of all securities required (where
applicable);
12.Details of standards (if any) that are to be used in
assessing the quality of goods, works or services
specified; and
7. any other detail not inconsistent with these rules
that the procuring agency may deem necessary.
Any information that becomes necessary for
bidding or for bid evaluation, after the invitation to
bid or issue of the bidding documents to the
prospective bidders, shall be provided in a timely
manner and on equal opportunity basis.

The procuring agency shall, on payment of such fee


as the procuring agency may determine keeping in
view the cost of printing and provision of the
documents, provide a set of bidding documents to
the prospective bidders.
Bid/Tender Security.– The procuring
agency may require the bidders to furnish a bid
security not exceeding five per cent of the of the
estimated price.
Discriminatory and difficult conditions.–
Save as otherwise provided, no procuring agency
shall introduce any condition, which differentiates/
discriminates between bidders or which is difficult to
meet.

Explanation.-
In ascertaining/determining the discriminatory or
difficult nature of any condition, reference shall be
made to the ordinary practices of that trade,
manufacturing, construction business or service to
which that particular procurement is related.
Opening of Bids
The date for opening of bids and the last date for
the submission of bids shall be the same; and, bids
shall be opened at the time specified in the bidding
documents which shall not be less than thirty
minutes after the closing time for the
submission of the bids.
All bids shall be opened publicly in the presence of
the bidders or their representatives who may choose
to be present, at the time and place announced
prior to the bidding and the procuring agency
shall read aloud the unit price as well as the bid
amount and shall record the minutes of the bid
opening.

All bidders in attendance at the time of opening of


the bids shall sign an attendance sheet.

The bids/tender submitted after the closing


time prescribed shall be rejected and returned
without being opened.

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