Transparency International Pakistan has received complaints against the acting administrator and DCO of City District Government Karachi (CDGK) for awarding contract to Nespak for preparing feasibility study of Malir River Expressway, which is against Sindh Public Property Regulatory Authority (SPPRA) Rules.
The contract could be rendered as misprocurement under Rule 2(x), if the complaint is found true. Transparency International Pakistan Chairman Syed Adil Gilani, in a letter to the acting administrator and DCO, has advised him that misprocurement under Rule 56 requires criminal proceedings. SPPRA requires under Rule 64 equal access to information that the procuring agency shall make available information to all the bidders for consulting services on equal opportunity basis.
Transparency International Pakistan has suggested to him not to act against the SPPRA rules, which are mandatory on CDGK. Managing Director of SPPRA has also been advised to check the status of reports and complaint, and if the CDGK has violated the provisions of SPPRA rule 2010 in this procurement, initiate action to register case under the Sindh Enquiries and Anti-Corruption Act, 1991 and the rules made thereunder against the official of the procuring agency held responsible for the mis-procurement.
Transparency International Pakistan has further reminded that Supreme Court of Pakistan suo motu case 18 of 2010 is against violation of Public Procurement Rules 2004 by NICL, and that the Supreme Court in its order in suo motu case No 5 of 2010 for the GDF Suez supply of LNG dated April 28, 2010 has categorically stated: "Here we may observe that it is the duty of the court to ensure that Public Procurement Regulatory Authority Ordinance, 2002 read with the Public Procurement Rules, 2004 are adhered to strictly to exhibit transparency. It is a universally recognised principle that such type of transactions must be made in transparent manner for the satisfaction of the people, who are the virtual owners of the national exchequer, which is being invested ion these projects." Transparency International Pakistan is striving for across the board for Rule of Law in Pakistan and requested CDGK to perform the legal obligations in processing all procurements in CDGK, Adil said.