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PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA) (PAKISTAN)

Sixth South Asia Region Public Procurement Conference: Professionalization of Public Procurement for Better Performance. PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA) (PAKISTAN). MR. ALI TEMOOR Manager Knowledge Transfer (PMU-e-Procurement). MR. MUHAMMAD ZUBAIR

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PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA) (PAKISTAN)

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  1. Sixth South Asia Region Public Procurement Conference: Professionalization of Public Procurement for Better Performance

  2. PUBLIC PROCUREMENT REGULATORY AUTHORITY (PPRA)(PAKISTAN) MR. ALI TEMOOR Manager Knowledge Transfer (PMU-e-Procurement) MR. MUHAMMAD ZUBAIR DIRECTOR GENERAL (MONITORING & EVALUATION)

  3. Recent Activities and Achievements (2018 and 2019) - Content • Legislative and Regulatory Developments • Public Procurement Performance Measurement • Status of Introduction and Operationalization of Electronic Government Procurement (e-GP) • Status of Public Procurement Professionalization and capacity building • Major Issues, Challenges and Solutions • Key activities planned for next two years

  4. Public Procurement Regulatory Framework Law : PPRA Ordinance, 2002 Rules : Public Procurement Rules, 2004 Regulations: • PPRA Regulations, 2008 (Bidding Documents of Engineering Works & Record to be kept) • PPRA Regulations, 2009 (Posting of Contract Awards on PPRA’s website) • Consultancy Services Regulations, 2010 • PPRA Regulations, 2011 (International and inter-governmental commitments) • Public Procurement in Pakistan is completely decentralised. Ministries, Divisions, Departments, Authorities making their own procurements. 5

  5. PPRA Scope • To regulate the public procurement of goods, works and services and the matters ancillary there to; within the ambit of the Federal Government whether within or outside Pakistan. • In pursuance of Section 5 of the PPRA Ordinance, PPRA may take such measures and exercise such powers for improving the governance, management, transparency, accountability and quality of public procurement • Power to Make Regulations • Power to Conduct Investigations and Enquiries • Power to Recommend to the FG for Granting Exemption 6

  6. Main Functions of PPRA • Development of procurement laws, regulations, procedures, guidelines and standards bidding documents; • To monitor the application and implementation of Procurement Laws; • To Evaluate the Procurement Laws, and to recommended the FG for reformulation and revision of these laws • To monitor the procurement practices and to recommend the PAs, improvement in their institutional setup and procurement activities

  7. Public Procurement Performance MeasurementRegulatory Tools: Complaint Management System In case of deviation from Rules: • Evaluation Report (Six Reports in Fiscal Year 2018-19) containing: • Observations/Findings • Regulatory Directives (Binding in Strict Sense) • Recommendations (Binding unless alternative solution acceptable to PPRA) • Suggestion (For Sake of Improvement) In case of serious violations suffering transparency of the process: • Investigation Reports (Four Reports in Fiscal Year 2018-19) • Inquiries (to be initiated) in case of further probing

  8. Public Procurement Performance MeasurementRegulatory Tools: Regulatory Reviews (as a Pro-active Regulatory Approach) In case of the projects of broader national interest, and based on the complexity of the projects and huge expenditures involved, PPRA may select following Control Points: • Hold Points (PA cannot move forward without review or inspection) • Witness Points (PA may move forward if Regulator could not conduct review or inspection in time) • Record Points (Only documents are called upon by the Regulator to check for the violations) Regulatory Review Reports: • Observations/Findings • Regulatory Directives (Binding in Strict Sense) • Recommendations (Binding unless alternative solution acceptable to PPRA) • Suggestion (For Sake of Improvement)

  9. Public Procurement Performance MeasurementRegulatory Tools: Procurement Audits: • Compliance Audits:By virtue of section 5(2)(b) of PPRA Ordinance, PPRA is mandated to monitor the extent of compliance to the Public Procurement Laws. In carrying out the compliance audit,  the Authority has prepared 7 indicators and respective sub-indicators to conduct the Compliance Audit; • Value for Money Audits: By virtue of section 5(1) of the PPRA Ordinance, the Public Procurement Authority is mandated to exercise powers for improvement in quality of procurement. In doing so, the Authority have prepared 5 indicators and respective sub-indicators to be used in assessing Value for Money during Audits Capacity Building: • Capacity building of Procuring Agencies • Capacity building of suppliers, contractors, consultancy firms

  10. Public Procurement Performance Measurement

  11. Public Procurement Performance Measurement

  12. Status of E-GP Introduction and Operationalization • MoU signed b/w PPRA & NITB for successful implementation of the Projects • PMU (Project Management Unit) Constituted for the execution of the project & for Transfer of Knowledge • Task Force Constituted to accomplish the Regulatory Framework

  13. E-Procurement: Major Modules • Centralized Registration System (Contractors, Consultants, Procuring Agencies etc.) • Past Performance Retrieval System: The performance of contractors, suppliers and vendors, on their previous works shall be available • E-Tendering (e-Publishing/e-Advertisement, e-Evaluation, e-Contract award) system. • Encrypted Tender Submission: Tender will be stored in e-procurement database in encrypted form, and traceable by authorized person after expiry of submission deadline. • Evaluation Matrix: The system shall automatically generate the comparison matrix of all the tenders based on their quoted price & evaluation criteria for the reference to the evaluation Committee. 12

  14. E-Procurement: MaE-Procurement: Major Modules E-Contract Management System: • Tracking Mechanism for verification of Critical Path Method (CPM) • Standard Entries for the results of Quality tests and Acceptance criteria 12

  15. Status of Public Procurement Professionalization and Capacity Building • PPRA POLICY ON CAPACITY BUILDING: • Objective: To develop institutional capacity in procurement at country level to attain the objectives of VfM and Sustainable Procurement in an effective professional and efficient manner. • Main Ingredients: • Standard requirements to determine the optimum level of staffing in PMUs of PAs defining: • Institutional arrangements • Procurement leadership characteristics (including Procurement Culture) • Requisite Qualification & Expertize of Procurement Cadre • Accountability Mechanism

  16. Status of Public Procurement Professionalization and Capacity Building • Main Ingredients: • PPRA Procurement Knowledge Management Pool having procurement professionals • Identification of Procurement Categories below which Procurement of PAs mainly revolves • Standardized and Customized Training Modules as per the needs of PAs • Train the Trainer Course(s) for Certification of Procurement Professional Trainers • Introducing the subjects of Procurement Management in all professional undergraduate Courses • Introducing the Subjects of Contract Management & Engineering Economics in all Engineering Disciplines • Initiative to start PGD and MS Degrees in Procurement Management in collaboration with High Profile University of Engineering & Technology and of Management

  17. Major Issues & Challenges • Administrative and Financial Autonomy of PPRA for Regulatory Independence • Harmonization of Procurement Laws (in Federal & Provincial PPRAs) • Development of Regulatory Framework • To declare public procurement as separate Cadre and to add procurement management as subject in the selected educational fields at graduate & post graduate level. • Issues in Procurement Practices • Poor Procurement Planning • Seeking Exemptions (due to poor planning and lack of requisite skills) • Adoption of Innovative Techniques and Best Practices • Conventional Bureaucratic Approach in Grievance Redressal

  18. SOLUTION/WAY FORWARD • Political Will for legislative change, Permanent Members of the PPRA Board, Central Contractor Registration System • Formation of Procurement Reforms Committee (to harmonize the regulatory framework) • Development of Regulations, Codes and Standards to fulfill the objectives of the PPRA Ordinance • Road Map for Implementation of Policy on Capacity Building • Introducing Procurement Culture including Standardized Normative Framework for Cultural Assessment and Gap Analysis in the light of this framework

  19. Enhanced Procurement Culture

  20. PPRA Procurement Normative Framework/ Traits of Positive Procurement Culture • Visible Procurement Leadership • Procurement is Learning Driven • Sustainable Procurement & VfM are Clearly Recognized Values • Quality of Procurement is integrated into all the Projects’ Activities • Accountability of Procurement is Well Defined

  21. Key activities planned for next two years (2019 and 2020) • Legislative tweaking to incorporate e-Procurement • Development of Standard Bidding Documents • Strategy for Sustainable Procurement • Implementation of e-Procurement at the Federal Level by 2020 (50 %) • Implementation of e-Procurement at the Federal Level by 2021 (90 %)

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