Late tender cannot be opened under Public Procurement Regulatory Authority (PPRA) notification of July 2008, according to Transparency International Pakistan. TI Pakistan Chairman Adil Gilani in a letter sent to the Chairman of the Oil & Gas Development Corporation Ltd on December 15 has drawn his attention to allegations that OGDC had accepted a bid for Jhal Magsi Equipment Procurement Contract (EPC) after the deadline for submission of bids had expired.
According to Public Procurement Rules 2008 notified by PPRA, Pakistan Engineering Council (PEC) standard bidding document for procurement of works issued on February 12, 2008 are mandatory on OGDC. No other PEC documents are approved by PPRA. Bidding documents: A procuring agency when engaged in procurement of works, shall use the standard form of bidding documents prescribed by the Pakistan Engineering Council constituted under the PEC Act, 1975 (V of 1976).
Article IB 24 (c) of standard form of bidding documents (electrical & mechanical) states following rules for late bids. Preliminary examination & determination of responsiveness of bids. A bid will not be considered if: it is not accompanied with bid security, it is submitted by a bidder who has participated in more than one bid, it is received after the deadline for submission of bids, it is submitted through fax, telex, telegram or email, it indicates that prices quoted are not firm during currency of the contract whereas the bidders are required to quote fixed price, the bidder refuses to accept arithmetic correction,, it is materially and substantially different from the conditions/specifications of the bidding documents. Transparency International Pakistan has requested OGDC to ensure application of above rule, which clearly states that if the bid is received after the deadline for submission of bids, it will not be considered.
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