The Sindh Public Procurement Rules, 2010 govern the mechanism and procedure for the procurement of goods by the provincial departments and agencies. The basic principle for procurement is that all procurements be made in a fair and transparent manner. The law and regulations provide for different methods of procurement. This write-up presents these different methods as regulated by law.
1. Open competitive bidding: the principle method
a. International competitive bidding ($10 million or above)
b. National competition bidding
i. Interested national firms companies or parties
ii. Below $10 million
iii. For above one can opt.2
(i) Quotations: Obtained from three suppliers in case of services
(ii) Cost is below the prescribed limit (125000)4
(iii) Standard specifications5
(iv) Purchased from the suppliers offering the lowest cost6
(v) Description, quantity, specifications delivery or completion times7
(vi) Direct contracting8: Single source without completion regarding
a. Standardized9 equipment or spare parts
b. Obtainable from one source
c. A particular supplier
d. Engagement of same contractor will be more economical
e. Where the work is related to earlier done.
f. Where price is fixed by the government
g. Emergency
h. Local manufacturing of motor vehicles
(i) Quantities cannot be defined
(ii) Small and scattered work
(iii) Without disrupting the ongoing operations
(iv) Emergency11
(i) below 25000/- rupees
Repeat order13:
-- Price shall not exceed 15%
-- Same price
-- Same financial year
-- Emergency
-- Procurement related to national security
-- Related to intellectual property
-- Over Rs 100,000 and up to one million rupees shall be advertised on the Authority's website and in the print media.
-- Three widely circulated leading newspapers of English, Urdu and Sindhi language14
Advertisement shall provide15.
(i) All information of the procuring agency
(ii) Purpose
(iii) Schedule of availability of bidding documents, submission and opening
(iv) How bid security is to be paid
(v) In case of international competitive bidding two widely circulated English newspapers.
(vi) Content of bidding document16
(vii) Extension in time for submitting the bids can be allowed17 where bids are less than three
(viii) Cancellation of Process prior to acceptance18
(ix) Reissuance: can be done
(The writer is an advocate and is currently working as an associate with Azim-ud-Din Law Associates Karachi)
1 Rule 15 of the Sindh Public Procurement Rule 2012
2 For opting of head of dept shall record reasons
3 See rule 16
4 See 16 (ii) (A)
5 16 (ii) (B)
6 16 (ii) (C)
7 16 (ii) (D)
8 16 (i) (b)
9 Certifications by competent authorities
10 Rule 16 (I) (c)
11 A declaration by competent authority
12 Rule 16 (I) (d)
13 Rule 16 (I) (e)
14 Rule 17 (I) (2)
15 Rule 17 (3)
16 Rule 17 (3)
17 Rule 21
18 Rule 25