4-C, Mezzanine Floor, Khayaban-e-lttehad, Phase VII, Defence Housing Authority, Karachi. TRANSPARENCY Tel: (92-21) 35390408,35311897-8, Fax: (92-21) 35390410 INTERNATIONAL-PAKISTAN E-mail: [email protected] Website: www.transparency.org.pk 17tl' May, 2018 TL 18/0305/28 Chief Secretary Government of Khyber Pakhtunkhwa, Civil Secretariat, Peshawar. Tel # +92-91-921 0666 Sub: Complaint Received against Peshawar Zoo Tender for Purchase of Incubator Dear Sir, 1 This is with reference to Director/ Conservator Wildlife, Peshawar Zoo, Peshawar's reply dated I 0 h May, 2018 on TI- Pakistan's letter dated, 3rd May, 2018 on the cited subject (Copy Encl.). It is to inform you that KPPPRA Rules 2014, Rule No.l2 (I) & (2) allows to furnish bid security of two per cent in case of procurement of works if required, and if procurement is of complex nature, bid security up to 5 percent can be applied. The notification you have attached with your letter, Reference No. 1805/ Zoo allows enhancement of bid security after the bids have been opened, in case the bid is more than I 0% below the Engineer's Estimate. However Director/ Conservator has asked for the earnest money of I 0% of Engineer's Estimate in the tender advertisement. Therefore it is a violation ofKPPPRA Rules 2014, Rule No.l2 (I) & (2). Stated a sunder; 12. Bid security.-(I) The procuring entity may require the bidders to furnish bid security of two per cent in case ofprocurement ofworks, if required. (2) In cases, where procurement is of complex nature, bid security up to 5 percent can be applied. Chief Secretary, Government of Khyber Pakhtunkhwa is requested to kindly direct the concerned department to re-invite the tender as per KPPPRA Rules 2014. The above information is forwarded for the purpose of avoiding mis-procurement charge under Rule No 54, with request to re-invite the tender under the prescribed procedures or issue a corrigendum and extend date accordingly. Transparency International Pakistan is striving for across the board application of Rule of Law, which is the only way to stop corruption. With Regar?o /~ - . Justice Zia Perwez Former Judge of Supreme Court of Pakistan and High Court ofSindh Trustee- TI-Pakistan Copies forwarded for the information with request to take action under their mandate to: I. Chief Minister, Khyber Pakhtunkhwa. 2. Director General, NAB, Khyber Pakhtunkhwa. 3. Registrar, Peshawar High Court. 4. Managing Director, KPPPRA, Peshawar. 5. Director/ Conservator Wildlife, Peshawar Zoo, Peshawar. A NON-PARTISAN, NON-PROFIT COALITION AGAINST CORRUPTION! Donations exempted from tax U/S 2 (36) (c) of I. Tax Ordinance 2001 r ~---- -r- -----~------------OFFICE OF THE ------ : I DIRECTOR/CONSERVATOR WILDLIFE, I [-- -~h~: ~~1~::E~1~;~~:~:~~~::~r:g~allc:~ m--u~ [No. f2c~ !Zoo, Dated Peshawar, theft I t~ /2018J To Justice Zia Perwez Former Judge of Superme Court of Pakistan and High Court of Sindh Transparency International-Pakistan Defence Housing Authority Karachi. Subject: COMPLAINT RECEIVED AGAINST PESHAWAR ZOO TENDER FOR PURCHASE OF INCUBATOR. Reference: - Your letter No. TL 18/0305/2A, dated 03-05-2018'. Kindly refer to the above reference letter and it is clarified that this office intended to purchase incubator for which the estimated cost was Rs.3.000 million. As a matter of fact various suppliers offer low rates and ultimately the bidding process is not successful. Keeping in view the provision of notification of even number dated 24-5- 2016 by the KPPRA for additional 8% bid security (copy enclosed); total 10% bid security (i e 2%+8% amounting Rs.300,000/-) was demanded. Thus the demanded Rs.300,000/- call deposit for purchase of incubator as per KPPRA Notification dated 24- 05-2016 is in accordance with the rules and cannot be violated by the procurement entity in such procurements which is further reiterated by the fact that successful bidder has quoted rate of Rs.2,660,323/- which is 11.5% below the estimated cost. The above explanation shows that this office did not violate the rules and practically implemented the rules ibid in letter and spirit. Director/Conservator Wildlife eshawar Zoo, Peshawar No. ___/_. /Zoo, 1y Copy forwarded to the Chief Conservator Wildlife Khyber Pak u2~ wa t.Ss' Peshawar for information, please. Director/Co nseL rWild life PeshawarZoo, Peshawar J Government of Khyber Pakhtunkhv1a, Khyber Pakhtunkhwa Public Procurement Regulatory Author~t.J,· NOTIFICATION Dated Peshawar, tha May24, 2016 No. KPPRA/M&E/Estt:/1-5/2016 In supersession of Finance Department Notification No. SO(FR)/FD/9-7/2011/Vol-11 dated 05.11.2014, the Competent Authority has been ~:::?3sed to approve the following amendments in SBDs for procurement of Goods, Works & Ser·. :·::s. 1. The Contractors/bidders who quote their bids/rates more than 10% below th~ Engineer's Estimate shall submit an Additional Security In the form of call deposit equal to 8% of the bid cost. After commencements of work by the successful bidder 8% call de~c:;Jt m<sy be replaced with a bank guarantee of the same amount from the scheduled bank. ( ,i 2. The additional security shall be released to the contractor in four installment:; i. :-. ::~;%to be released ahe.r completing 25% of the project, 50% to be rele<Jsed upon 50% :~.inpietion, 75% to. be relea.sed l.lPOn 75%. qqmpletion and the remaining amount to be re~f.as.:.'d c;fter completion of the project. In case the bloder quotes more than 10% below the b:d cost and the bid is not accompanied by the additional security then the bid shall be cons:·Ji.!i'Cd as non-responsive and the znd lowest bidder and so on will be considered accordingly. e -· If I; 3. The Item Rate System is replaced by Above-Below System on BOQ bast!d on MRS applicable. All tenders shall be processed according to a Above/Below System" oased on the Market Rate System. In case of donor-assisted projects, the procurement gu'1oellnes of the Donor Agency, where required under international obligation, shall be fol!o•tJe'cJ ir t::r issues related to procurement of works. .' ·.. ' Managing D!rec:tor KhyberPakhtunkhwJ Public Procurement Regul<!tor',' t,\:~hority ENDST: No. KPPRA/M&E/Estt:/1-S/2016 Dated Peshawar, the May ?.II, 2.016 Copy of the above Is forwarded to:- 1) All Adminlstr~tiveSecretaries in Khyber Pakhtunkhwawith the request to circulate the same to their lower formations. 2) Senior Member Board of Revenue, Khyber PaKhtunKhwa. 3) Principal Secretary to Governor, Khyber Pakhtunkhwa, Peshawar, 4) Principal Secretary to Chief Minister, Khyber Pakhtunkhwa, Peshawar. 5) Secretary Provincial Assemoly, Khyber PaKhtllP~hwa. 6) The Accountant G·eneral, Khyber Pakhtunkhwa. 7) Registrar, Peshawar High·court, Peshawar. 8) All Commissioners In Khyber Pakhtunknwa with the request to circulate the sarn~ to thelr lower formations. 9) PSO to Chief Secretary, Govt. of Khyber Pakhtunkhwa. \ 10) PS to Additional Chief Secretary; Govt. of Khyber Pakhtunkhwa, P&D Department. 11) The Director, Treasuries & Accounts with the request to circulate the same to all District Accounts' Officers & Treasuries Officers in Khyber Pakhtunkhwa. 12) The Director, Information Khyber Pakh~unkhwa with the request to publish the same in print media. 13) The Manager, Stationery and Printing Press Khyber Pakhtu in the official gazette. .