Client Query 101:- Hello, hope everything is well at your end. Wanted to ask that Pakistan State Oil is a commercial organization, who have to sale and compete with multinational companies, therefore it requires to publicize various products through electronic and print media in order to reach to end user. Advertisements are necessarily be a creative and artistic work, which is suitably designed by highly professionals and selective companies / individuals with in depth expertise of artistic values. Hence can these services be permissible to be purchased by application of rule 42 (d)?
Huma Shahid, UK
Answer:- Thank you very much for writing to us. As per your query, according to Rule 42(d)(ii) of Public Procurement Rules, 2004 states that a procuring agency may engage in negotiated tendering with one or more suppliers or contractors with or without prior publication of a procurement notification. This procedure shall only be used for technical or artistic reasons, or for reasons connected with protection of exclusive rights or intellectual property, the supplies may be manufactured or delivered only by a particular supplier. The above rule can be invoked subject to the underlying conditions mentioned in it. On the other side, advertisements can be designed by many advertising agencies and for this purpose intellectual property rights are not granted to a single supplier. For designing of advertisements open competition can be held and best designing firm / agency can be selected for award of contract.
If you wish to inquire anything else you may set up an appointment with our extremely competent team of lawyers and visit our office which is located at GF-13, Tower A, The Centaurus, Islamabad, Pakistan.
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