Transparency International Pakistan has expressed concern over the hiring of a number of lobbyists in USA, costing millions of dollars to the exchequer. The Public Procurement Regulatory Authority (PPRA), who was sent a copy by Transparency International Pakistan of its complaint "against selection of lobbyists in USA procurement watch", in a letter sent on October 2 to the Secretary, Ministry of Foreign Affairs, has requested that "comments on the contents of the complaint may kindly be sent to PPRA at the earliest.
This information is being called by PPRA under the powers vested in the Authority under section 5(2)(i) of PPRA Ordinance 2002. "The latest hiring of M/s Cassidy & Associates by Pakistan at an incredible amount of US $700,000 plus expenses comes under the conflict of interest, not allowed in the Public Procurement Regulations (PPR) prescribed by Public Procurement Regulatory Authority (PPRA) because Robin Raphael, the newly appointed co-ordinator of all aid to Pakistan was an ex-partner in Cassidy & Associates, according to Transparency International Pakistan.
"It is not clear whether Mark Siegel, the current lobbyist, who is known to be a personal friend of Benazir Bhutto and took pride in claiming to be her personal lobbyist as well, would be retained along with the newly appointed lobbyist or shown the way out". Adil Gilani, Chairman of Transparency International Pakistan, in a letter sent on September 30, to Hussain Haqqani, Pakistan's Ambassador in Washington, had requested him to confirm the news on appointment of "so many lobbyists in USA".
In case the news is true, Transparency International Pakistan has requested under the provision of PPR 2004, Rule No 47 to provide the evaluation reports and contract agreement of all these lobbyists. This is desired to check that the compliance of rules has been observed in the process of these procurements, as any violation of these rules "amounts to declare the procurement as mis-procurement charge under Rule No 50."
Besides previous selections, the procurement of services of Cassidy & Associates as another almost a million-dollar lobbyist, has been made by Pakistan in Washington. Robin Raphael, the newly appointed co-ordinator of all aid to Pakistan, was a key partner in Cassidy & Associates until she got her new job recently. Gilani has quoted Rule 47 and 3 which read as under: Rule 47-Public access and transparency: As soon as a contract has been awarded the procuring agency shall make all documents related to the evaluation of the bid and award of contract public.
He has pointed out that all procurements are to be made according to PPR-2004 in accordance with SRO 432(1)/2004 issued on June 9, 2004, and their applicability is described in Rule 3 as under: Scope and applicability: Save as otherwise provided, these rules shall apply to all procurements made by all procuring agencies of the federal government whether within or outside Pakistan.
Such acts, Gilani said, may also come under the definition of "corrupt and fraudulent practices" described in Rule 2(g) and include the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official or the supplier or contractor in the procurement process or in contract execution to the detriment of the procuring agencies; or misrepresentation of facts in order to influence a procurement process or the execution of a contract, collusive practices among bidders (prior to of after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the procuring agencies of the benefits of free and open competition and any request for, or solicitation of anything of value by any public official in the course of the exercise of his duty.
Transparency International Pakistan Chairman has pointed out that all contracts above Rs 10 million (US $120,000) shall have anti-bribery pacts "Integrity Pact" signed by the lobbyist as part of the contract agreement. Copies of the letter have been sent to: Chairman, Public Accounts Committee, Chairman, National Accountability Bureau, Auditor-General of Pakistan, and Managing Director, Public Procurement Regulatory Authority.