Amraiz Khan
Lahore
Transparency International Pakistan has raised objection to the amendments in PPRA Rules 2004, saying it will open floodgates of corruption in Public Procurement. The objection was raised in a letter (available with ‘Pakistan Observer’) to Prime Minister of Pakistan. The letter further reads, “Transparency International Pakistan has received compliant of serious objections on the Amendments in PPRA Rules 2004 issued vide Notification dated 15 May 2020 published in Gazette of Pakistan on 19 May 2020, through S. R. 0. 442(1)/2020”.
The complainant has raised following serious objections. That, The PPRA Board is incomplete, as 4 Board members out of 10 have not been appointed (3 Private members and Managing Director) since more than last 2 years.
According to PPRA Ordinance making any rule, approval of Federal Government is to be taken, which means Cabinet. A Director General, whose appointment in PPRA is a disputed issue, is looking after the post of Managing Director PPRA. Following 4 amendments are against Principles of Public Procurement, which if allowed will open floodgates of corruption in Public Procurement.
Transparency International Pakistan is of the view that PPRA, illegally allowed this Evaluation Criteria in writing. The allegations of inclusion of non-transparent Rules under SRO No 442(1)/2020 are prima facia against the International and national procurement rules, and are against also the requirement of SGD 16.
PPRA Board in its 6th board meeting held on 12.2.2008 decided that PPRA will not be involved in line clearing functions in awarding of Contracts, then how PPRA vide letter dated11.7.2018 has given illegal advice to KPT on Tugs to be procured on Quality and Cost Based Service Method.
How and by whom the Dy. Director PPRA was allowed to become member of Sub Procurement Committee of a Procuring Agency, whose Federal Secretary is a member of PPRA Board. This is a case of Conflict of Interest, and above all a Regulator cannot made member of Procurement Agency who is being regulated by the Regulator. (PPRA) Such irregular acts of PPRA require administrative actions, to stop reputation. Approval of these amendments in PPRA Rules by the Cabinet requires rechecking. PPRA violating PPAR Ordnance 2002, and doing act of Conflict of Interest, by performing.
Transparency in Public Procurement has been compromised by Board of PPRA by approving the deletion of Rule 7 Integrity Pact, Rule 35, and Announcement of Evaluation report 10 days prior to award, Rule 47 Public Access & Transparency from draft PPRA Rules-2020.
These four amendments in PPRA Rules 2004 issued vide SRO No S. R. 0. 442(1)/2020 may be considered to be withdrawn as these rules allow procuring agencies to award Contracts on non competitive basis, Single Source on quality only, QCBS, QBS and Single Tender, as indicted by complainant in Complainant at Sr. 2 above, being done in KPT.