If you are reading this, chances are we will become your favourite virtual law firm at some point. In an economy where businesses have lost their strategic edge and are forced to reconsider their traditional concepts of consulting bricks and mortar law firms, which bill by the minute, we can provide you with affordable quality legal advice, delivered anywhere in the world. Since 2010, our firm has already pioneered and adopted the concept of honest and practical legal advice, delivered straight to your email inbox. In the post Covid19 era, working with the Josh and Mak Team means that, you will get the same commitment, discipline and work ethic, without the heavy Bricks and Mortar and the financial baggage which comes with the latter. Let your choice to work with Josh and Mak International become your unfair strategic advantage over your business competitors of the past, present and the future!
Battling Covid19 PPE Fraud COVID19 (Corona Virus) Legal Consultation

Plague Lawyers? A time for accountability

The trials of 2020 presented a different perspective to all of us, depending on which walk of life we had chosen to earn our bread and butter from, let’s say, a decade ago.For many more, decades long hard work went to waste within months, with lifetimes of careers and businesses going to waste rapidly. There

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Battling Covid19 PPE Fraud Preventing PPE Fraud in 3M Purchases

And the battle continues….

In the period of October to December 2020, many of the most hard working and genuine PPE sellers around the world including 3M distributors or resellers, (who I occasionally advise and assist with due diligence) went through a crisis of faith.It gets more complicated as the story goes.

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Battling Covid19 PPE Fraud COVID19 (Corona Virus) Legal Consultation

US Ban on PPE exports extended to June 2021

Our Law firm is issuing a continuing warning to those people who are claiming that they have billions and millions of 3M Respirators available for Sale via 3M USA.If you receive such an offer, please report it to the FBI or 3M or your local law enforcement agencies.This is because people are bringing in 3M

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Battling Covid19 PPE Fraud COVID19 (Corona Virus) Legal Consultation PPE Fraud Alerts Preventing PPE Fraud in 3M Purchases

Update 26th of December 2020: Official Announcement of Duplicated 3M Barcode LOTS Numbers for Respirators 3M1860, 3M1860S and 3M 1870

The comments below on Behalf of our legal Team pertain to the 3M Letter/Communication on Duplicated Respirator LOTS/Counterfeit products on the 18th of December 2020.This Letter can be accessed via the 3M Website here. In a step, which will be viewed by many genuine sellers, lawyers and market actors in the 3M Supply Chain as

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JM Commentary

Perceiving the Legal Challenges in the COVID19 Vaccine Roll Outs, procurement, approvals and cold chain logistics

Vaccine appears to be something the governments are aiming to keep off from the risks of price gouging via brokers and other private intermediaries.The philosophical premise of this may be However considering that at the top of the PPE corruption chain, it was the Civil Serpents (whoops, sorry Servants).Speaking of serpents, they are honourable creatures,

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COVID19 (Corona Virus) Legal Consultation Our News

Is Dry Ice the next high demand trade item in International Trade following the Vaccine Roll Out?

1.3 billion vaccines are supposed to be distributed worldwide by Pfizer in 2021, according to The Wall Street Journal. All vaccine brands have their freezing thresholds, and well Pfizer likes it extra cold. Well enough about the bad economy, here is what the news is telling us.It smells like business, will dry ice factory workers

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Our News

A Russian, A German and A Chinese walk into a Bar…. What to expect from the Covid19 Vaccine Roll Out

Fingers crossed that the Vaccine Race does not become another conduit of Xenophobia, Political Lobbying and Procurement Corruption by  the world governments. It is almost as funny as the eighties.If you were a kid like me born to parents constantly discussing politics you would have very distant memories of political opinions on the Cold War

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Battling Covid19 PPE Fraud PPE Fraud Alerts

Fraud Archives :Dissecting the Anatomy of Fraudulent PPE marketing

*If you have been scammed by a similar offer in the Case Study Below or dodged a bullet by deciding not to be scammed, send us an email, we would love to see people are actually reading sensible legal advice online.In fact, claim your free consultation with us for due diligence on any one offer

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PPE Legal Series

PPE standards as per EU /US Canadian health and safety law/import laws : Quick Reference Guide

This is a quick Reference Guide for the EU Standards for Personal Protective Clothing including Fire Fighting ApparEl and other health and SAFETY Apparel *We will edit this list periodically with further information.    CLOTHING FOR PROTECTION AGAINST HEAT AND FLAMES EN 1486 :2007 EN ISO 11612 :2008   FIRE Fighting AppareL EN 469 :2006

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Our News PPE Fraud Alerts

Open Letter to PPE Agents (Part 2) Beware of Duplicated and Counterfeited 3M1860 USA LOTs

Dear All (and those in the PPE business who pretend not to peek occasionally at my brutally honest blogs, just for fun and heart attacks). It is the end of the year 2020 and looks like no one in the USA or Europe made a killing on those large million dillion billion LOTs of 3M1860

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PPE Fraud Alerts PPE Horror Stories

Cranberry Fraud Alert December 2020 and an appeal to buyer sanity

Whoever is reading this blog or article, kindly consider this an appeal to your good senses. Any peddler, broker, intermediary or even a lawyer or some financial consulting company telling you that they have millions and billions of Boxes coming from here there and everywhere all month, they should be reported to the FBI and

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PPE Legal Series

Exporting PPE to Saudi Arab?

The Saudi Food and Drug Administration has a very clear legal regime, even though certain matters may get your PPE consignments stuck at customs.For this purpose we often recommend documenting these matters in your commercial PPE contracts with Saudi buyers and end buyers. SFDA did make some commendable Regulatory efforts post COVID and expedited the

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PPE Legal Series

Understanding CE Marks and the Laws relating to Notified Bodies

The PPE crisis in the Post COVID era has made the provision of rigorous regulatory and quality management reviews and product certifications for medical device manufacturers — around the world a very important field of review for lawyers. The modern healthcare lawyer or for that matter any lawyer working on an international PPE contract must

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Preventing PPE Fraud in 3M Purchases

PPE Fraud 2020-A Unicorn called OTG Gloves

“Do you know, I always thought unicorns were fabulous monsters, too? I never saw one alive before!” Well, now that we have seen each other,” said the unicorn, “if you’ll believe in me, I’ll believe in you.” ― Lewis Carroll, Alice’s Adventures In Wonderland And Through The Looking Glass It is like a never ending lesson which

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Battling Covid19 PPE Fraud

A Legal review of political bias, xenophobia and corruption Post COVID19 (A 2020 Round Up)

Let’s just say, that I have never been a fan of ‘consulting’ and ‘sourcing’ companies and well, find their whole business model skeptical. However the year 2020 finally pushed me into something I was always fond of, yet dreading to venture into, namely legal advice and scrutiny on product sourcing, which has become an sector

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PPE Legal Series

BSI CE Notified Body Number changes and how it affects procurement and certification for PPE manufactured in 2020

For those of you, buying or sourcing PPE (especially the 3M 9300 series masks) in Europe, a very subtle change has occurred in the CE (Notified Body) numbers of the FFP1, FFP2 and FFP3 Masks and other PPE, if the CE certificate of that product was coming from BSI The British Standards Institute).A copy of

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Battling Covid19 PPE Fraud PPE Horror Stories

PPE Horror Stories : The Bottomless Pit called a ‘3M Seller’s Escrow’

Happy Belated Halloween Folks! I am a month late here but what I continue to narrate in this series will scare you and maybe you will finally learn some social responsibility and start reporting Facebook posts with dodgy posts with the Billion Dillion LOT OTG claims. Ok I suppose this article was due in October

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PPE Legal Series

International Legal Standards for Medical Gloves FDA Guidance and D6319 – 10(2015) ASTM International (ASTM)

Additional Notes from D6319 – 10(2015) ASTM International (ASTM) Title: Standard Specification for Nitrile Examination Gloves for Medical Application Description This specification covers certain requirements for nitrile rubber gloves used in conducting medical examinations and diagnostic and therapeutic procedures. Standard Type(s) Specification An explicit set of requirements to be satisfied by a material, product, system, or service:

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Winston Churchill
Our News

Google Review Alert! Fake Reviews From unscruplous Competitors Aimed at our law firm.

It has been brought to our attention that a few people (possibly paid by rival law firms have taken to stooping to the level of defaming us with negative google ratings).It is surprising to see, the type of nonsense people will agree to write for a few thousand Rupees. Those clients who have worked with

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3M COVID19 Respirators Battling Covid19 PPE Fraud COVID19 (Corona Virus) Legal Consultation Our News Preventing PPE Fraud in 3M Purchases

That Robin on the Steeple…is singing to the people.

The Robin on the steeple Is singing to the People a Tissue, a Tissue We all Fall down “Ring a Ring o’ Roses” or “Ring a Ring o’ Rosie” is an English nursery rhyme which has often been used to refer to the great plague, black death or even the Spanish Flu. And then….along came

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3M COVID19 Respirators Our News

3M Scam Alert- Use of Dubious Escrow Accounts In the Name of “3M Process”

The Month of August 2020 finally brought us all the confirmation of the little doubt, which allowed unscrupulous brokers and intermediaries to employ the tools of LOI and POF to skim people’s financial information. Most of the agents/scammers make you sign NDAs and expect you to remain mute about their criminal activities. Very often they

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Battling Covid19 PPE Fraud Our News

Identifying the Wolf in ‘PPE’ clothing : The case of Money Laundering disguised as PPE sales and purchases

In the past many weeks, I may have written a dozen emails, replying out of pure good faith, to naive newbie PPE agents to avoid becoming the ‘drug mules’ of PPE opportunists. There is a marked increase in sham transaction mongers placing queries with the rapidly budding PPE brokers which are obviously an invitation signal

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3M COVID19 Respirators

An Open Letter to PPE agents/consultants and brokers searching for 3M1860 Stock on the Ground : The case of USA and Mexico

Standard Disclaimer: Now, let’s get a few things out of the way.I do not have any stock of Masks in my room, bathroom or basement I am hiding.There are no 20 Billion Masks floating over my head in the Sky . I love the colour of the 3M1860 Mask for aesthetic reasons.I remember the colour of

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3M COVID19 Respirators

The Truth About the Billions of 3M1860 Masks floating in mid-air Part 1 -South Africa

I have seen many well meaning PPE providers and business people offering genuine 3M1860 masks to medical providers in South Africa lose business over the last 4 months to Counterfeit respirators flooding the market. While dealing with South Africa myself and our senior Counsel, Mr Tinus Van Der Berg, Our 3M deals in Europe and

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Our News Sensible and Not legal advice-Open Letter Series

A very non-COVID19 and non-Legal Blog Post (or the time Fedor took a break and took beautiful landscape pictures with his friends)

We are all tired of those fancy COVID19 Virus pics. The curious looking picture of the virus itself has gained the type of fame any Hollywood level celebrity would envy.I wonder if anyone will be suing for copyrights over the ‘COVID19’ virus picture.May sound ridiculous but remember anything is possible in the world of IP

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COVID19 (Corona Virus) Legal Consultation Josh and Mak International in China

A special thanks to our Chinese Team Mr Fedor Gorshkov and Mr Zhang Yanqing, Samuel

  In our 6 months of struggles within the PPE industry and legal services involving large PPE sourcing and procurement contracts, there are two gentlemen who believed in our cause and vision for making the PPE market a lot safer.One is the amazing and trusted Mr Fedor Gorshkov, our Operations Manager in China who is

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3M COVID19 Respirators Battling Covid19 PPE Fraud COVID19 (Corona Virus) Legal Consultation Daily Legal Advice Series Preventing PPE Fraud in 3M Purchases

How to Spot a Fake 3M Respirator and check authenticity via the 3M Website

Fake 3M N95 and other Respirators are a threat to Medical workers and Frontline Workers Please raise awareness on this topic.When you buy 3M respirators from an Authorised 3M distributor you are cutting down the risk 100% of receiving fake or damaged products. In order to check if your Respirator is Genuine please click the

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Battling Covid19 PPE Fraud COVID19 (Corona Virus) Legal Consultation

Why are Powdered Nitrile Gloves Banned in the USA For Medical Examination Purposes?

  There is a very good reason that powdered Nitrile Gloves should not be allowed to touch exposed tissue especially in healthcare settings. On December 19, 2016, the FDA published a final rule banning powdered gloves based on the unreasonable and substantial risk of illness or injury to individuals exposed to the powdered gloves. The

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PPE Legal Series

Importing medical masks and respirators into the United Kingdom : Legal Regulations governing Type IIR Medical Masks

Surgical Face masks – Type IIR Applicable UK /EU law : Standards/Directives/Legislative requirements STANDARD / CERTIFICATION Surgical facemasks must conform to: BS EN 14683:2019 or any equivalent standard Medical face masks.    Types : Surgical Type IIR face mask with loops/ties, no visor, no anti-fog strip  Surgical Type IIR face mask with loops/ties with no

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Battling Covid19 PPE Fraud COVID19 (Corona Virus) Legal Consultation Daily Legal Advice Series Our News Preventing PPE Fraud in 3M Purchases

The sad demise of ethical advertising : The case of COVID19

“A lie can travel around the world and back again while the truth is lacing up its boots.”—(not) Mark Twain.   Monetization policies on COVID-19 content for Youtube, Reddit , Facebook and many other social media Apps have been touted by their owning companies for a long time to help them rid of their ethical

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Battling Covid19 PPE Fraud Daily Legal Advice Series Our News

FTC (Federal Trade Commission) makes laudable changes against false advertising during COVID19

Scammers will use photoshop and snake oil marketing lingo to sell dust as Gold and degrade Gold to dust. Such is the power of the the Advertising gurus of the West, and well everywhere.Right on as the COVID19 struck, Vitamin C, Nutritional cocktails, colloidal silver and God knows what else, started being promoted by ambitious

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COVID19 (Corona Virus) Legal Consultation Daily Legal Advice Series

That CE Mark, though.

  The CE certificate has been the subject of much debate and  attracted the ire of many enterprising Chinese business people, when the initial PPE imports from China began after February 2020.Our firm had to hear both sides of the debate.The Chinese suppliers and manufactures were firm in their belief that imposing the requirement of

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j0315542
3M COVID19 Respirators COVID19 (Corona Virus) Legal Consultation Daily Legal Advice Series

A legal note on how 3M Pricing from 3M Authorised Distributors works post the COVID19 pandemic

  *We respect the 3M trademark and have no intention of using the 3M Mark on our website to show a contractual link or business affiliation wth the 3M Company itself.We are however a part of many ongoing 3M procurement transactions for the COVID19 pandemic as a legal team hence these updates are of great

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3M COVID19 Respirators Daily Legal Advice Series

Clarification on 3M Respirator and 3M Brand PPE Cancellation policy: Impact on SPA Default (Distributor-Buyer)

*We respect the 3M trademark and have no intention of using the 3M Mark on our website to show a contractual link or business affiliation wth the 3M Company itself.We are however a part of many ongoing 3M procurement transactions for the COVID19 pandemic as a legal team hence these updates are of great interest

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Battling Covid19 PPE Fraud COVID19 (Corona Virus) Legal Consultation Our News Preventing PPE Fraud in 3M Purchases

Josh and Mak International joins hands with Van Der Berg and Associates in South Africa

  Our firm’s activities in fighting PPE fraud and finding ways of funding legitimate small businesses serving the PPE and medical supplies sector have spanned a period of 6 months as of now. This was by no means an easy journey, as along the way have a number of bad experiences with unethical supply parties,

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Battling Covid19 PPE Fraud COVID19 (Corona Virus) Legal Consultation Our News Preventing PPE Fraud in 3M Purchases

Deconstructing the Fool’s Paradise: How illegal and dangerous ‘Anti-Covid19’ masks are being peddled and why our regulatory response will continue to be insufficient and ineffective against false advertising

The doomsday scenario projected by the mismanagement of the COVID19 pandemic has allowed the rampant abuse of people’s goodwill and fears by brokers and agents who have not only taken this opportunity to launch advance payment fraud but also to sell people less than satisfactory goods for unbelievably high prices.A primary risk of buying from

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Battling Covid19 PPE Fraud COVID19 (Corona Virus) Legal Consultation Our News Preventing PPE Fraud in 3M Purchases

Battling Fraud in PPE (personal protective equipment) Procurement : The case of 3M Masks and Beyond

  *We respect the 3M trademark and have no intention of using the 3M Mark on our website to show a contractual link or business affiliation wth the 3M Company itself.We are however a part of many ongoing 3M procurement transactions for the COVID19 pandemic as a legal team hence these updates are of great

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COVID19 (Corona Virus) Legal Consultation Legal Services Islamabad

Visa Extension Information for all our foreign clients in Pakistan during the COVID Lockdown

In the wake of the complications created by the COVID19 infection in Pakistan, the  federal government has extended the validity of visa for foreign nationals stranded in Pakistan till the 30th of June.If your Visa is expired, you will need to keep in touch with the DGIP and as the expired visas will only be

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Our News

COVID19 and our commitment to Fair and Transparent Procurement Awareness

Josh and Mak International understands and acknowledges that , law firms are amongst the key stakeholders with a key social responsibility in ensuring that life can stay bearable and functional for small businesses and clients awaiting critical outcomes for their legal disputes. The COVID-19 pandemic is rapidly evolving into a financial disaster, and while outbreak investigations are

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Best Lawyers In Pakistan Business News COVID19 (Corona Virus) Legal Consultation Drafting and Contract Interpretation in Pakistan

Josh and Mak International Supports Small Businesses around the world during the COVID-19 Crisis.

We are supporting small businesses in Pakistan and around the world during this harsh time.If you are going through any problems with contracts, debt consolidation, debt recovery or even have contractual default which is threatening your business and financial stability please let us know.We can arrange a free consultation for you or offer you advice

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Best Lawyers In Pakistan Daily Legal Advice Series Legal Services Islamabad

Compliance checklist-Ensuring effective distribution of funds for heirs of deceased employees for Medium to Large Private Business Owners

The death of an employee can be emotionally painful and can cause many  practical legal problems at the workplace and for the employer especially if that employee had access to a lot of your key documentation and was responsible for a lot of company/corporate work. A key question which often comes forward is how to

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Josh and Mak International
Daily Legal Advice Series Drafting and Contract Interpretation in Pakistan

How effective are your company’s non-compete clauses?

Lately there has been an influx of queries from both sides at our firm about non-compete clauses which have been glorified due to their promise of protecting large multinational companies against competition from ex-employees who would know valuable trade-secrets or against current employees considering the greener grass fields shown by a rival company hoping the

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Open letter to Pakistan Parents
Daily Legal Advice Series Opinions and legal trends Sensible and Not legal advice-Open Letter Series

An Open Letter to All Pakistani Parents : Growing broken marriages and violence against Pakistani women in Britain

Dear Pakistani Mothers and Fathers and Guardians of lovely marriageable female children,  First of all congratulations on having a daughter or two or five of them….regardless of what people tell you, God really loves you which is why he sent these angels to your house.Feel lucky and be grateful. Now coming to your deeply felt wish of

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Our News

Why, we are no longer offering free legal consultation.

We get an average of 150-200 queries through our portal a day. Lets break it down. There will be requests from widows for succession certificates which we will promptly allow a 50% discount on.There are plenty of women going through domestic abuse who we will guide accordingly.Sometimes there will be women who are poor and

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Our News

A few words from my heart to all people opting for Khula/Divorce (caution this is NOT legal advice but sensible advice)

By Barrister Aemen (Founder of Josh and Mak International AND a parent/wife/home-maker) Hi everyone, I know I have been away on almost a year long (on and off) sick-leave due to health issues brought on with the birth of my most recent bundle of joy.This only makes me value the importance of a smooth married

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Daily Legal Advice Series Daily Online E-Mail Queries Drafting and Contract Interpretation in Pakistan

Bidding in Pakistan as a Foreign Company, identifying ‘mis-procurement’ at its root during a bidding process

Every year, we get quite a few queries where foreign companies complain that somehow they feel they have been played unfairly by the local state departments in Pakistan, when bidding on local contracts.The major law in this area is covered by the PPRA Ordinance 2002 and Public Procurement Rules 2004 and their relevant provincial rules.Mis-procurement,

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law
Best Lawyers In Pakistan Daily Legal Advice Series Daily Online E-Mail Queries Drafting and Contract Interpretation in Pakistan Law Firms In Islamabad Law Firms In Pakistan Legal Services Islamabad

A guide for foreign companies bidding on procurement contracts in Pakistan-Part 1

Quite a few of our clients who are operating internationally corporate seats in Key EU/US destinations find Pakistan to be a very attractive jurisdiction for bidding on procurement contracts. Many of them will try to enter with another local company as a consortium. Many of these companies have common questions on many aspects of liability

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Daily Legal Advice Series Daily Online E-Mail Queries Opinions and legal trends

Beware of the ‘Token Money’ Trap, A Caution for Overseas Pakistanis

We have recently received a lot of complaints from overseas Pakistanis that once they set out to sell their property or buy property in Pakistan , they are approached by property agents who often try to manipulate the sale price of the offering by : (a) placing token money worth peanuts and binding the property

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Signing on Forma
Daily Online E-Mail Queries Drafting and Contract Interpretation in Pakistan

The Thin Red Line : Limitation of Liability

A few days back, a client of our firm (local business supplier) faced a particularly difficult bundle of clauses from a Third Party contractor they needed to make a part of their project and they were required to sign-off  off these clauses before they could receive their much needed initial deposit from the Main Party

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Best Lawyers In Pakistan Daily Legal Advice Series Daily Online E-Mail Queries

Rights of Grown Children After Father’s Second Marriage

Query Our  father recently married another woman and has banished us to live with our maternal Uncle..He says that he will carry out our education duties but he has broken our trust many times.Can we make him sign a contract in this regard? Advice Depending on how old you and your siblings are, your mother

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Daily Legal Advice Series Daily Online E-Mail Queries

Sale of Property in Pakistan while being abroad

Query I am selling my property to a friend in a foreign country.I , too am current resident in a foreign country. Will you be kind enough to guide me the procedure so that we both don’t have to visit Pakistan as our jobs don’t allow us to get a leave?   Answer: Whether you

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Daily Legal Advice Series Daily Online E-Mail Queries

Pollution Mafia in Pakistan

Query on Pollution Mafia A certain mafia in my locality is criminally spraying pollutants and drugs on the roads in heavy traffic to cause accidents. Upon my compliant, State Authorities in Pakistan are unable to do anything due to the lack of proper expertise. Please advise me of my legal options as I am observing

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Direct Contracting/Negotiated Tendering

Client Query 183:- Hi, wanted to ask that in case of contracts for hiring of services, specifically for outsourced staff, is it allowed to incorporate in tender documents for Annual Contract that “in case of satisfactory services/performance, the contract may be extended for another year”? The initial tender is for one year but incorporating this

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 182:- Hi, Wanted to ask that can a local company bid in foreign currency under international tender?   Bilal Ahmed, USA Answer:- Thank you very much for writing to us. Local company can bid in foreign currency in international tenders according to Rule 30(2) of PP Rules, 2004 which states that for the purposes

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Evaluation Criteria/Specifications

Client Query 181:-  Hi, how are you? Wanted to ask that can seek additional documents during technical evaluation, when bids are invited according to Single stage- two-envelope procedure 36(b)?   Nasir Mir, UK Answer:- Thank you very much for writing to us. As per your query, in terms of Rule 31 of Public procurement Rules, 2004 no

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 180:- Hello, We intend to purchase a couple of horses for our riding school at the Academy. Tenders were held twice but no one could fulfill the criteria. Army has a farm at Mohna (Remount Depot Mohna) and we started correspondence with them. They have the horses who meet the required criteria for riding

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Direct Contracting/Negotiated Tendering

Client Query 179:- Hello, hope all is well at your end. Wanted to discuss that, it is submitted that for hiring of janitorial services, tender was publicized with the procurement method of single stage two envelopes. Financial bids of only technical qualified bidders were opened. Now in order to make comparison of services/quality, whether a procuring

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 178:- Hi, wanted to ask that if bids are invited according to rule 36 (b) where in technical bids have been opened and forwarded for technical evaluation according to prescribed rule. One of bidder in his cover letter has mentioned about performance guarantee as “The project is a service oriented project, hence no performance

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query

Client Query 177:- Hi, wanted to ask that if the selected supplier fails to provide samples and does not or is hesitant to abide by the terms and conditions, we should cancel his contract and consider next bidder keeping in view the very short time left in project completion timelines, which have already delayed considerably?

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 176:- Hi, Wanted to ask that if bids invited through Rule 36(b) and during technical evaluation , can procuring agency seek additional or supplementary documents actually required through bidding document but not submitted by the bidder? Thanks!   Muhammad Ihsan, USA Answer:- Thank you for writing to us. As per your query, according

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Procurement Procedures

Client Query 175:- Hi, Hope all is well at your end. Wanted to discuss a scenario with you. Actually there was an organisation which was unable to open the technical bids, on published date, due to unavailability of some members of purchase committee. Can we open technical bids after published date with mutual consent of participated

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query

Client Query 174:-Hi, Hope all is well at your end? Can you please intimate rule to cancel the invitation to tender before its opening?   Nida Salman, UK   Answer:- Thank you for writing to us. As per your query, Rule 33 of Public Procurement Rules, 2004 explains rejection of bids or proposals at any time

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 173:- Hi, wanted to ask that can a local company bid in foreign currency under international tender?   Rafay Zaman, USA   Answer:-Thank you for writing to us. As per your query, local company can bid in foreign currency in international tenders according to Rule 30(2) of PP Rules, 2004 which states that

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Evaluation Criteria/Specifications

Client Query 172:- Hi, Hope all is well at your end. Wanted to ask that can one seek additional documents during technical evaluation, when bids are invited according to Single stage- Two envelope procedure 36(b)?   Younas Raza, UK   Answer:- Thank you very much for writing to us. As per your query, according to terms

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 171:- Hi, wanted to discuss a scenario with you. Initially supply order for 126 items was awarded. Now the department wants to revise this initially awarded supply order by awarding only 66 items. Out of these 66 items, the department also wants to change the manufacturer for 12 items going 15% above from the original

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 170:- Hello, we intend to purchase a couple of horses for our riding school at the Academy. Tenders were held twice but no one could fulfill the criteria. Anyhow, Army has a farm and we started correspondence with them. They have the horses who meet the required criteria for riding horses. Their price tag

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Direct Contracting/Negotiated Tendering

Client Query 169:- Hi, Hope all is well at your end? It is submitted that for hiring of janitorial services, tender was publicized with the procurement method of single stage two envelopes. Financial bids of only technical qualified bidders were opened. Now in order to make comparison of services and quality, whether a procuring agency can

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Clarification/Rejection of Bids

Client Query 168:- Hi, wanted to discuss that bids invited according to rule 36 (b) where in technical bids have been opened and forwarded for technical evaluation according to prescribed rule. One of bidder in his cover letter has mentioned about performance guarantee as:- “The project is a service oriented project, hence no performance security

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query

Client Query 167:- Hi, wanted to ask that is there any grace period allowed in any of the PPRA Rules?   Awais Haider, USA Answer:- Thank you very much for writing to us. As per your query, there is no apparent mentioning of grace period in Public Procurement Rules, or regulations etc. However, you may explain

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Pre-Qualification/Blacklisting

Client Query 166:- Hi, wanted to ask that is it a must to issue bidding document to a firm, already per qualified for the project by a procuring agency or no?   Sehrish Khan, UK   Answer:- Thankyou for writing to us. As per your query, the pre qualification documents are provided by the procuring agency to the

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query

Client Query 164:-Hi, wanted to ask that if the selected supplier fails to provide samples and does not or is hesitant to abide by the terms and conditions, we should cancel his contract and consider next bidder keeping in view the very short time left in project completion timelines, which have already delayed considerably? Your

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Lawyer signing legal documents
Our News

Client Query 163:- Hi, wanted to ask that is a Procuring Agency reserve the right to increase or decrease the quantity?   Fayyaz Ahmed, Spain   Answer:- Thank you for writing to us. As per your query it is subject to relevant term and condition already mentioned in the bidding documents. If you wish to inquire

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Lawyer signing legal documents
Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 162:- Hi, Wanted to ask that if, Bids are invited through Rule 36(b) and during technical evaluation then can a procuring agency seek additional or supplementary documents actually required through bidding document but not submitted by the bidder?   Nida Ahmed, UK   Answer:- Thank you very much for writing to us. As

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PPRA Rules Query

Client Query 161:- Hi, Can you please intimate a rule to cancel the invitation to tender before its opening?   Usman Haroon, UK Answer:- Thank you for writing to us. As per your query, Rule 33 of Public Procurement Rules, 2004 explains rejection of bids or proposals at any time prior to acceptance of a bid or proposal.

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PPRA Rules Query on Procurement Procedures

Client Query 160:- Hi, wanted to discuss that if a procurement agency enters in a contract to purchase I.T Equipment from a local supplier (which is partner of an international Company). Instead of the local supplier is it permissible for the international company (which was not directly involved in contract) to send invoices for maintenance

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 159:-Hi, wanted to ask that in case of Negotiated Tendering procurement method, can procuring agency hold technical discussions and price negotiations with at least one bidder (lowest cost bidder), seeking to ensure that the goods, works or services offered meet the procuring agency’s requirements, including technical requirements, delivery or completion period and proposed terms

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PPRA Rules Query

Client Query 158:- HI, wanted to ask in order for placing tenders in the press for appointment of General Sales Agents for Passengers and Cargo abroad, is it a mandatory requirement to place advertisement in two newspapers or one is enough? This we are asking because rates of advertisements in foreign press have appreciated unimaginably.

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PPRA Rules Query on Pre-Qualification/Blacklisting

Client Query 157:- Hi, wanted to ask that can a procuring agency prequalify suppliers/contractors for goods of miscellaneous items (separately for stationary items, computer consumables, furniture fixtures, sports items etc.) for a specific period to meet the requirements as and when arise?   Asjad Ahmed, UK   Answer:- Thank you for writing to us. As

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PPRA Rules Query

Client Query 156:- Hi, can you please guide me the procedure of PPRA that if we want to purchase electronic equipment on urgent basis as in TV station, etc. So do we have to purchase electronic equipment or parts immediately to overcome the emergency or to restore the transmission. Also can you please tell that if we want

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PPRA Rules Query on Pre-Qualification/Blacklisting

Client Query 155:- Hi, wanted to ask that after pre-qualification of suppliers and contractors for goods of miscellaneous items i.e. stationary, computer consumables, furniture fixtures, sports items etc., do we have to give 15 days as open competitive bidding to all already pre-qualified local suppliers and contractors for submission of their bids and proposals?  

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PPRA Rules Query

Client Query 153:- Hi, wanted to ask that for how much period, services agreement can be made with a party according to PPRA Rules? Thanks   Mohsin Awan, UK   Answer:- Thank you for writing to us. As per your query, service agreements can be signed based on the duration of the project and assignment. However,

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PPRA Rules Query on Evaluation Criteria/Specifications

Client Query 152:- Hi, wanted to discuss that a firm has forwarded its technical proposal for a case study required by Pakistan. If this firm gets highest marks and on the other hand it does not stand lowest in financial bid. What will be the tender awarding criteria if total five firms have applied? Thanks  

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 151:- Hi, Wanted to ask that we had given a tender notice for construction of two buildings, and received bids in result. After opening of bids we want to construct only one building now, so is it possible according to the PPRA rule?   Washah Kanwal, DXB   Answer:- Thank you very much for writing to

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PPRA Rules Query

Client Query 150:- Hi, wanted to ask that if the method adopted for bidding was on least cost basis, the rate offered for new works i.e. one rate & other three rates for left over works, after opening of financial bid, can the rates for left over works be negotiated? Thanks!   Mariam Shah, UK  

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 149:- Hi, hope all is well at your end! We have invited separate technical and commercial bids through competitive bidding for construction works. However, during technical evaluation stage and before commercial bid opening, one of the vendors has submitted a letter offering a discount over and above their quoted bid value. In light

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Daily Legal Advice Series

PPRA Rules Query on Procurement Procedures

Client Query  148:- Hi, would you kindly advise applicability of PPRA on obtaining legal services or hiring of Attorney? Keeping in view of its emergent requirement according to varying nature of litigations. Please if you guide us with your best advice!   Answer:- Thank you very much for writing to us! As per your query, according

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PPRA Rules Query

Client Query 147:- Hi, wanted to ask that one of the Public Company floated the tender in year 2015, both technical & commercial envelopes was also opened, then tender was cancelled by the authority and bid security refunded to all the bidders after cancellation, Now in May 2017, that public company started the correspondence with bidders

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 146:- Hi, as per Rule-40 of PPRA Rules, negotiation is not admissible. In this connection it may be advised whether a lowest bidder can offer discount in his bid pice after opening of bid or not? Thanks!   Bilal Ahmed, UK   Answer:- Thank you very much for writing to us. As per your

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Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 145:- Hi, wanted to ask that can you please let us know that a procouring agency can set his limit up to 5-lac for quotation works? Thanks!   Adnan Hussain, UK Answer:- Thank you very much for writing to us! As per your query, as per PP Rule-42(b), provided that the respective Boards of Autonomous

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PPRA Rules Query

Client Query 144:- Hello, wanted to ask that can a procuring agency will invite the Bids from experienced firms in accordance with scope of work? Please if you could guide!   Nasir Sabir, UK   Answer:- Thank you very much for writing to us. As per your query, it depends on procuring agency as to

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PPRA Rules Query

Client Query 142:- Hi, wanted to discuss a scenario with you that PPL is pioneer of the Natural Gas Industry in the country and has been a frontline player in the energy sector since the mid-1950s. As a major supplier of Natural Gas and contributes a substantial percent of the country’s total Natural Gas supplies besides

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Daily Legal Advice Series

PPRA Rules Query on Procurement Procedures

Client Query 141:- Hi, Hope you doing well. Wanted to ask that in normal procurement process of Public Sector Organizations, where 25% increase and decrease of purchase order quantity clause is provided in bidding documents and firms have also accepted the same. So wanted to ask that can a public sector organization place repeat order

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PPRA Rules Query on Petty Purchase/RFQ

Client Query 140:- Hi, wanted to discuss a scenario with you! Actually if we see that in oil & gas fields the cash purchase committees are constituted to meet the emergent requirements. As observed the committees dont move physically to explore/ survey the market collect the quotations from reputed/ registered suppliers & to place order/ purchase

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PPRA Rules Query

Client Query 139:- Hi, wanted to confirm that is the performance guarantee in shape of Insurance Bond from AA rating company acceptable for provision of consultancy services?   Nasir Riaz, UK   Answer:- Thanks for writing to us! As per your query, according to Rule 39 of the Public Procurement Rules, 2004 provides that where needed and

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PPRA Rules Query on Pre-Qualification/Blacklisting

Client Query 138:- Hi, wanted to ask that if a firm/company or any other supplier is blacklisted by a government department/organization permanently or temporarily , then what shall be the criteria for other govt. owned organization/departments, are they not supposed to do business with blacklisted supplier or this blacklisting is limited to that specific government

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PPRA Rules Query on Direct Contracting/Negotiated Tendering

Client Query 137:- Hi, wanted to ask that in case of Negotiated Tendering procurement method, can procuring agency hold technical discussions and price negotiations with Principal Supplier who did not participate in the tender directly seeking to ensure that the goods, works or services offered meet the procuring agency requirements, including technical requirements, delivery or

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PPRA Rules Query on Pre-Qualification Blacklisting

Client Query 135:- Hi, hope all is well at your end! We intend to pre-qualify contractors for hiring of temporary manpower services. For inviting applications for prequalification, please guide on the following grounds:- 1) Is it mandatory to advertise in press for seeking applications for prequalification from interested firms/ contracts? 2) Would there be a

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PPRA Rules Query on Procurement Procedures

Client Query 134:- Hi, Under National or International Competitive Bidding can a procuring agency award contract for High-Tech Equipment/Machines along with their yearly Service Level Agreement (SLA) for maintenance and support services till the entire useful life or End of Life (EoL) of machines/equipment (i.e. 3,5,7 or 10 years). All prospective bidders/OEMs (Original Equipment Manufacturer)

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 133:- Hi, you are requested to guide us if any PPRA Rule allowed us to consider quotations by email or suggest any other alternate to proceed further. Your early response will help us to expedite the case.   Zain Ausaf, Australia   Answer:- Thank you for writing to us. As per your query,

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PPRA Rules Query on Clarification/Rejection of Bids

Client Query 132:- Hello, can you please guide in accordance to PPRA rules that either we declare the bid as non responsive or responsive if the bidder has quoted two options i.e. I & II in single bid and obviously there will be Two commercial proposal in their single financial bid as per PPRA Rule 36.

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PPRA Rules on Procurement Procedures

Client Query 131:- Hi, wanted to ask that is it permissible in accordance with Public Procurement Regulation 2004 , to invite bids from particular companies or institutions , whereas same services are available from several service providers? Likewise inviting bids from financial institutions for card business whereas several technology companies are providing similar services to banks

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PPRA Rules Query on Clarification of Bids

Client Query 129:- Hi, Hope everything is well at your end? We had advertised for the construction of animal shed, only one bid was received on closing date. On evaluation of bid we found that the quoted price of the contractor is 50% above our estimated price. What is the percentage of allowable limit above or

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PPRA Rules on Acceptance of Bids/Negotiations

Client Query 127:- Hi, wanted to discuss a scenario with you for which wanted advice. Actually request for Quotation under PPRA Rule (42)(b), atleast three quotations are required to be collected. Please guide if these quotations would be obtained in sealed envelope or otherwise. Further, is it mandatory to open these offers in public and

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PPRA Rules on Procurement Procedures

Client Query 126:-  Hi, hope you doing? Wanted to ask that in normal procurement practices the public entities follow the PPRA Rules 2004 for purchasing goods, works and services? In addition, to aforesaid rules can public entities procure services such as Security services/courier, services/appointment of Auditors etc., using the “PP Regulations For Procurement of Consultancy Services

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 124:- Greetings! Hope all is well at your end! Wanted to take advice from you that if bid security is less for example Rs.200/- less than the bid price! Then shall the bid rejected or Rs.200/- should be deposited by the bidder to continue the process if he is the lowest evaluated bidder and

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PPRA Rules Query on Clarification/Rejection of Bids

Client Query 123:- Hi, wanted to ask that what Standard bidding document will be used for a store supply contract? Thanks   Rida Jamal, USA   Answer:-  Thank you for writing to us. As per your query, PPRA has allowed the use of Standard Bidding Documents prescribed by the Pakistan Engineering Council for procurement of Works

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PPRA Rules Query on Pre-qualification/Blacklisting

Client Query 122:- Hi, wanted to confirm that if a firm is black listed by any “Procuring Agency”, then can this firm be allowed to participate in the tenders of other procuring agencies? Thanks   Irum Batool, UK   Answer:-  Thank you for writing to us! As per your query,in terms of Rule 19 of

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PPRA Rules Query on Procurement Procedures

Client Query 120:- Hello, wanted to clarify that according to Rule 45 (Closing of Contract), where stated that “Defect liability or maintenance by the contractor as specified in terms of contract”. Can any procuring agency deduct or retained certain amount in case of defect liability or maintenance period in order to ensure that; if defects

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PPRA Rules Query

Client Query 119:- Hi, Hope everything is well at your end? As per the PPRA Rules can you confirm that for running official business in safe and secure area a Public Sector institution needs to purchase a plot of land situated inside the Cantonment Area from Cantonment Board directly?If the selling institution offers requisite plot

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PPRA Rules Query on Procurement Procedures

Client Query 118:- Hi, our organisation is faced with a situation! If you could please guide your best! Actually our organisation is under services provision contract. Situation is as under:- Tenders were called on single stage two envelope basis and technical proposals were opened on 01-10-2012. In the evaluation report all the four participants were found

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 117:- Hi, wanted to ask that if anyone advertises as per PPRA rules then can one designate just one brand? Thanks   Sidra Jamal, USA Answer:- Thank you for writing to us. As per your query, in open competitive bidding brand name can not be mentioned in the bidding documents. For guidance purpose rule 10

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PPRA Rules Query on Procurement Procedures

Client Query 116:- Hi, how are you? We wanted your legal help from your expertise! Actually we are a trading company, doing machine tool business since 2000. We mostly take participation in tenders publish by the Government organizations. As per previous procurement procedure, 3 bidders were mandatory to make decision for the public tenders. But recently

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PPRA Rules Query on Procurement Procedures

Client Query 114:- Hi, wanted to ask that from where can I get registration number of my firm? So that I can login at this site?   Bilal Ausaf, UK   Answer:- Thank you for writing to us. As per your query, Pakistan Engineering Council (PEC) has the mandate to register the contractors or suppliers for procurement of

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PPRA Rules Query on Procurement Procedures

Client Query 113:- Hi, wanted to discuss a case of a leading Call Centre. Actually there is one International company which is the leading Call Centre solution provider in the Pakistan. They have been working with PSO since 2003 to cater business Call Centre equipped with state of art technology. Over a period of time

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PPRA Rules Query on Procurement Procedures

Client Query 111:- Hi, wanted to have some PPRA guidance for an issue. Actually there were tenders which were advertised through print & electronic media (PPRA & PIA websites). Opening date was 25.11.2013 (1030 Hrs.’). Different bidders participated for the tenders accordingly. Due to some inevitable reasons the concerned dealing officer could not reach on time,

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PPRA Rules Query

Client Query 110:- Hi, wanted to ask if we want to hire a canteen contractor for the office and no organizational budget is involved in it. The contractor will simply use our canteen as a sale point of his eatables to our employees. Do we need to advertise it on PPRA?   Asim Hamid, USA

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 109:- Hi, Hope everything is fine at your end! Wanted to ask that while opening tenders on fix date according to PPRA Rules-2004 if only one quotation received whether the contract can be award if so kindly inform the clause and its justification?   Fiaz Ahmed, UK   Answer:- Thank you for writing to

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 108:- Hello, wanted to ask that can a procuring agency increase or decrease the quantity of goods to be procured if this condition is present in the bidding documents / tender notice.   Ahmed Nawaz, UK   Answer:- Thank you very much for writing to us. As per your query the answer to

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 107:- Hello wanted to discuss a scenario with your firm so that we can get the best point of view from your experts. Now if a tender term was set for the procurement /installation of ACs for bidders “to submit rate inclusive of all taxes”. All bidders have quoted their bids for ACs with

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PPRA Rules Query

Client Query 106:- Hi wanted to ask that in order to meet ongoing Human Resource requirements through outsourcing arrangement, can a procuring agency hire services of a firm through open competitive bidding procedure on the basis of Indefinite Period / Indefinite Number (IDIQ basis) as and when required on a fixed price.   Jamal Hassan,

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 105:- Hi, wanted to discuss a scenario with you and take your expert opinion! Now a tender was floated in press and PPRA website with an estimated amount of Rs.10.000 million. Now as per PPRA Rule-2004 15 days were given preparation of tender documents but not a single tenderer participated on opening of tender

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PPRA Rules Query

Client Query 104:- Hi, Wanted to ask that in order to meet ongoing operational requirements of existing Electrical/IT setups maintenance, can a procuring agency award a contract on “Indefinite Delivery & Indefinite Quantity” basis (IDIQ). Where goods will be order on need basis on a fix price as and when required and Supplier will be

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PPRA Rules Query

Client Query 103:- Hi, wanted to ask that is it allowed to pay mobilization advance in case of software development, please. If yes, then what is the percentage?   Irum Batool, USA   Answer:- Thank you for writing to us. As per your query, the term of mobilization advance has not been used in procurement

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PPRA Rules Query

Client Query 102:- Hi, Wanted to discuss a scenario with you that we are following PPRA procurement of consultancy regulations 2010 for hiring of consultants for our office-building project. In this regard, we floated an EOI Notice and shortlisted 6x firms on the basis of evaluation criteria already provided in EOI document. After EOI evaluation

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PPRA Rules Query on Procurement Procedures

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

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 098:– Hi, Can you please kindly intimate if mentioning various brand names (e.g. 5~6 different brands with healthier competition) in tender specifications for procurement of goods is allowed under PPRA rules? will be looking forward to your response!   Nida Jamil, USA   Answer:- As per your query, in terms of Rule 10 of

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PPRA Rules Query on Pre-Qualification/Blacklisting

Client Query 097:- Hello, Hope you doing well. Can you please kindly intimate if it is mandatory in all circumstances to hear a bidder in person before temporary blacklisting for 3 years? Will be looking forward to your reply! Thanks   Maliha Khurram, UK   Answer:- As per your query the answer to your question

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PPRA Rules Query on Acceptance of Bids/Negotiationsd

Client Query 096:- Hello! Wanted to ask that can we mention a brand name with the word “or equivalent”, for example Philips energy saver or equivalent? 2. Can we mention 4 or 5 brand names with the word “or equivalent”? 3.In rule 42 (c) (vii) does the word motor vehicle covers motorcycle, tractor, truck, bus

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PPRA Rules Query

Client Query 095:- Hi, hope all is well at your end. Wanted to discuss that Pakistan International Airlines (PIA) appoints General Sales Agents (GSA) for selling air tickets. These appointments are made at foreign stations. Following is minimum requirement to become a GSA: I. should be a locally registered firm / company and possess trading license as

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PPRA Rules Query on Pre-qualification/Blacklisting

Client Query 094:- Hello, hope everything is well at your end? Wanted to ask from your experts that we intend to pre-qualify contractors for hiring of temporary manpower services. For inviting applications for prequalification, please guide on the following grounds:- 1) Is it mandatory to advertise in press for seeking applications for prequalification from interested

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Josh and Mak International, Law Firms In Pakistan
Business News Law Updates And Consultation Papers

Panama Papers Scandal- Full Judgement Text

It all started with the Data Breach from a Panama Law Firm.The  data leaked from the Panama Scandal also named and shamed many well-known politicians in Asia including the current politicians in power.The controversy resulted in many opposition parties taking up the matter at the Supreme Court of Pakistan.The much awaited judgement on 20th of

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 093:- Hi, Hope everything is fine at your end. Now wanted to ask that if a bid security is less for example less than the bid price then shall the bid rejected be deposited by the bidder to continue the process if he is the lowest evaluated bidder? If this provision is present in

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PPRA Rules Query on Bidding Documents/Maintenance of Procurement Records

Client Query 092:-  Wanted to clarify that can a procuring agency increase or decrease the quantity of goods to be procured more than 15% if this condition is present in the bidding documents and tender notice, for example it is around 25%?   Nasir Jamil, UK   Answer:- Thank you very much for writing to

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 091:- Hi, Hope everything is well at your end. Wanted to ask that is the department competent to charge the document fee? What will be the rate of bid for single and two stage envelope? Also wanted to ask that can we collect 500 or 1000 per bid document or it should be

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 090:- Hi, wanted to ask that after opening financial bids, can a bidder ask to announce the each item rates of the lowest bidder and the winning bidder?   Raheel Baig, UK   Answer:- Thank you for writing to us. As per your query, according to the terms of Rule 28(2) of Public Procurement

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PPRA Rules Query on Procurement Procedures

Client Query 089:- Salamz, hope you doing well. Wanted to ask that since our organization falls under the government of Pakistan Department! So can we purchase used and second hand condition items for our organization by utilizing public money or no?     Mohsin Zaman, Pakistan   Answer:- Thank you very much for writing to

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PPRA Rules Query on Direct Contracting/Negotiated Tendering

Client Query 088:- Hi, Can you please suggest that is it mandatory to upload tender detail on PPRA website & Company website or otherwise for Alternative method of Procurement items value exceeding lower financial limit, which are covered under clause 42c (direct contacting) & 42d (negotiated tendering)? Naeem Hassan, UK Answer:- Thankyou for writing to us.

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 087:- Hello, wanted to ask that before deadline of bid opening date, for how many days a bidder can apply for time extension?   Hina Arsalan, Spain   Answer:-  Thank you for writing to us! There is no specific time limit for extending the deadline based on the request of the bidder. A procuring

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PPRA Rules Query On Procurement Procedures

Client Query 086:- Hello, hope you doing well. According to 36 (b) there is nothing mentioned about minimum time period for opening Financial proposal so wanted to ask that can tender opening and evaluation committee open financial proposal within 1-2 hours of the opening of Technical proposal after quick evaluation of the technical proposal and

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PPRA Rules Query on Evaluation Criteria/Specifications

Client Query 085:-  Hi, if a tender procuring agency mentions the specifications of the equipment in bidding documents and during evaluation the procuring agency go beyond the specification mentioned in the bidding documents and select the lower specifications, then as per the PPRA Rules can the procuring agency select the lowest specifications or not? Please if

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PPRA Rules Query on Procurement Procedure

Client Query 084:-  Hi, wanted to ask that if a procurement agency of international procurement imports the advertisement of the tender then should it be published in international or local newspapers?     Abdullah Safdar, New York   Answer:- Thanks for writing to us. As per your query, it is clarified that according to Rule 12(2) of

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PPRA Rules Query

Client Query 083:- Hi, wanted to ask that does an educational trust which is a non-profit organization fall under PPRA Rules?   Anwar Saeed, Pakistan   Answer:- Thank you for writing to us! As per your query, the case requires thorough examination regarding establishment, funding, ownership etc. of the Educational Trust which is a non-profit organization.

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PPRA Rules Query on Procurement Procedures

Client Query 081:-  There is an XZY firm which is a commercial organization. Now it has to sale and compete with multinational companies, therefore it requires to publicize various products through electronic and print media in order to reach the end user. Now for that purpose advertisements are necessary which involves creative and artistic work

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PPRA Rules Query

Client Query 080:- Hi, Wanted to discuss that we had received the purchase order against the clause of 42b after depositing the 5% security deposit of total value of purchase order. Therefore, after completing the delivery, should we request for the refund of security deposit from the concern department? Or is there any clause of PPRA

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PPRA Rules Query on Advertisements/Response Time

Client Query 079:- Salamz! Wanted to ask that if the authority thinks it is not necessary to advertise for procurement of up to two million, so shall we go for it or leave it? Thanks! Your response in this matter will be highly appreciated!   Shabaz Zaheer, Pakistan   Answer:- Thank you for writing to

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PPRA Rules on Acceptance of Bids/Negotiations

Client Query 078:- Hi, wanted to discuss about my company’s matter. Actually our company has recently advertised a civil work tender in which 9 firms have participated. At the time of opening of bids the lowest bidder say “ABC company” was with a bid value of Rs 3.4Mn and second lowest was at Rs 3.6Mn and third

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 076:-  Hi, hope all is well at your end. Wanted to seek your advice that whether a procuring agency accepts a bid if the time for completion of job quoted by the bidder is more than that mentioned in the bidding documents? For example, if the time for completion of job mentioned in

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PPRA Rules Query on Pre-Qualification/Blacklisting

Client Query 075:- Hello, we wanted to discuss a scenario with you! There was an employee of our company whom we terminated from company due to his misconduct. Now he has established a firm which he got registered from FBR. His firm ABC has requested us for issuance of tender documents. Your guidance is required

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 074:- Hello, wanted to ask that if any government department invites tender for any equipment then can the bidder offer more than one equipment.  For example if one equipment is from China, one is from Europe and one is from USA. Now if China is accepted then the bidder will be in benefit

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PPRA Rules Query on Pre-Qualification/Blacklisting

Client Query 073:- Hello, wanted to ask that can we pre-qualify firms for the period of one or two years for designing and printing of promotional material such as calendars, diaries, etc. Can you please clarify that can we procure items from pre-qualified firms more than once during their pre-qualification period?   Taha Waseem, New

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PPRA Rules Query

Client Query 072:-  Hi, Wanted to ask that is there any standard mechanism to impose late delivery charges on vendor/suppliers as per PPRA rules? Thanks   Raza Jamil, Spain   Answer:- Thank you for writing to us. As per your query, such issues are required to be decided in the light of standard terms and conditions given

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PPRA Rules Query on Advertisements/Response Time

Client Query 071:- Salamz, I wanted to inquire that what shall be the procedure if some procuring agency wants to reduce the advertisement response time in case of local purchases, say up to 7 days due to some emergent nature of its requirements?   Saleem Ahmed, Pakistan   Answer:- Thankyou for writing to us. As

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PPRA Rules Query on Pre-Qualification/Blacklisting

Client Query 070:-  Hello, hope all is well at your end! Wanted to discuss about our country. We had advertised pre-qualification notice in print and electronic media for procurement of generators and in response different firms collected related documents and subsequently as per defined Evaluation Criteria, different firms have been pre-qualified. Now as far as

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PPRA Rules Query on Procurement Procedures

Client Query 069:- Hello, can you please tell that during evaluation phase can the bidders be requested to extend the bid validity period for more than once, in successions, each time the extension period not exceeding the original bid validity period? Thanks   Salim Javed, Pakistan   Answer:- Thank you for writing to us. As

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PPRA Rules Query on Procurement Procedures

Client Query 067:- Hi, wanted to ask that is it mandatory to mention the last date of submission in newspaper advertisement ? Actually due to some financially heavy procurement and complex in nature we decided to pre-qualify the contractor and in the newspaper advertisement we mentioned that the last date of obtaining tender is 10

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PPRA Rules Query on Clarification/Rejection of Bids

Client Query 066:- Hi, can you please guide that what should be the proper method to deal with a situation under the guidelines of PPRA Rules & Regulations where a bidder though meets the initial criteria for bid submission but has not submitted its bid in the form and manner specified in the bidding documents? However

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PPRA Rules Query On Acceptance of Bids/Negotiations

Client Query 065:- Hello, hope your day is going well? Wanted to ask that what course of action will be adopted by the procuring agency when the lowest quoted price exceed the cost estimated and market value of the bid?     Naeem Hassan, USA   Answer:- Thank you for writing to us. As per

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PPRA Rules Query on Evaluation Criteria/Specifications

Client Query 064:- Hello, wanted to ask that can a procuring agency rectify and correct the arithmetical error of submitted financial bids as per the set forth conditions in the bidding documents? Will be looking forward to your legal advice! Thanks!   Ahmed Jehanzeb, New York   Answer:- Thank you very much for writing to

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PPRA Rules Query on Posting of Tenders/Contract Awards on PPRA website

Client Query 062:-  Hello, Hope this finds you well. Wanted to discuss that as per Rule 42 of PPRA provides alternate methods of procurement like petty cash, RFQ, direct contracting, repeat orders, procurement on government-controlled rates, negotiated tendering. Please advice that is it necessary or compulsory to advertise tender opportunity on PPRA website if procurement is

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 061:-  Hello, Hope you doing well. Wanted to ask that our company have processed a tender enquiry on open competitive bidding basis and said tender enquiry was not advertised. The cost of lowest bid has also been noted. Now if you could please guide if we can proceed further to finalize tender enquiry or we

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Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 060:- Hi, Can you please guide if we can proceed further to finalize tender enquiry when we have processed a tender enquiry with a cost estimation for Rs. 1.8 million on open competitive bidding basis when said tender enquiry was not press advertised?  However, the cost of lowest bid received has been noted as

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PPRA Rules Query on Direct Contracting/Negotiated Tendering

Client Query 059:- Hello, hope everything is fine at your end. According to PPRA Rule can you please confirm about disposal of waste iron bill board and hiring of rental premises for offices? Will be looking forward to your response!   Samia Javaid, Pakistan   Answer:- Thank you for writing to us. The sale, auction

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PPRA Rules on Direct Contracting/Negotiated Tendering

Client Query 058:- Hello, hope everything is fine at your end. As per the direct contracting clause 42(c)(ii), can the contract be given to a specific newspaper or magazine namely X,Y, Z,  which is proprietary in nature and based on specific readership, circulation and contents. Wanted to clarify that is the comparison of it with other newspapers or

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Daily Legal Advice Series

PPRA Rules on Procurement Procedures

Client Query 057:- Hi, wanted to ask that there is a contract signed as result of Press Tender in open competition for services. In contract it is clearly mentioned that it can be extent for further period on mutual consent! What can be the maximum frequency and extent of such extensions in contract beyond three years,

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PPRA Rules on Acceptance of Bids/Negotiations

 Client Query 056:- Hello, Hope everything is well at your end! Please advise whether the second lowest bidder can be awarded contract in case the lowest bidder is not willing to perform the work as per the contract.   Sajjad Haider, New York   Answer:- Thank you very much for writing to us. As per your

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 054:- Hello, wanted an advice regarding the new instructions received from NAB telling about the invitation to bid. We wanted to clarify few ambiguities such as whether we can accept the downloaded copy of bid submitted by the bidder which has not been issued by the procuring agency without depositing tender fee? Secondly Tender

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PPRA Rules on Acceptance of Bids/Negotiations

Client Query 053:- Hi, hope everything is well. We wanted some legal help from the legal experts of your firm. Actually, in compliance on the directions of Government of Pakistan, NTC has advised an electrical company to shift all the landline and mobile numbers of the company on the NTC network. For this purpose we wanted

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 051:- Hi, Hope everything is well at your end. Wanted to clarify whether pre-qualification of firms along with their products remains valid for two years or pre-qualification of firms have to be carried out on yearly basis.   Saad Qayyum, UK   Asnswer:- Thank you very much for writing to us.  As per

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PPRA Rules on Evaluation Criteria/Specifications

Client Query 050:- Hello, wanted to ask that is there any rule for its fixation or alternatively can it be done at a reasonable amount?   Bilal Ahmed, Spain   Answer:-  Thank you very much for writing to us. As per Rule 23 (5) of Public Procurement Rules, 2004, a procuring agency is competent to

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PPRA Rules Query on Procurement Procedures

Client Query 049:- Hello, hope everything is fine. Wanted to ask that we intent to buy and purchase some products from our holding company that owns 100% shares of our company.Wanted to ask that are we required to follow PPRA Rules or can we purchase the product without tendering process as we are procuring from

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Daily Legal Advice Series

PPRA Rules Query on Procurement Procedures

Client Query 048:- Hello, wanted an opinion based on what does PPRA say on a certain situation which as an organization are currently dealing with! Actually we are to procure premises on rent for office/customer centers. The rent agreement would be made under Sindh Rental Premises Ordinance. We have given a clause regarding period as

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Daily Legal Advice Series

PPRA Rules on Acceptance of Bids/Negotiations

Client Query 047:- Hello, Hope everything is well at your end. Wanted to clarify some ambiguities on the work we are doing. We are issuing different contracts for goods & services under foreign funding mainly from Asian Development Bank (ADB) by complying the procedures of our organization. All the rules, regulations and procurement procedures of

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PPRA Rules on Direct Contracting/Negotiated Tendering

Client Query 046:- Hi, Wanted to discuss a query from the experts of your firm. We are actually entering into limited tendering for procurement of sensitive parts and have selected few suppliers for inviting offers. Now according to PPRA Rules can you please clarify how many days should be given for submission of bids?  

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PPRA Rules Query on Clarification/Rejection of Bids

Client Query 045:- Hello, wanted to discuss a scenario with the experts of your firm. Now it has been seen that in most of the procurement processes, that we follow Single Stage-Two Envelope bidding procedure. We clearly mention in our tender documents that Technical & Financial offers must be sealed in separate envelops. Now if

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Daily Legal Advice Series

PPRA Rules Query

Client Query 044:- Hi, wanted to ask that what are the rules for forfeiting an earnest money?   Jamshed Khan, New York   Answer:- Thankyou for writing to us. As per your query, Forfeiture of the earnest money is required to be described in the bidding documents by the procuring Agency. If you wish to

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Daily Legal Advice Series

PPRA Rules on Procurement Procedures

Client Query 043:- Hello, wanted to discuss that a case for the procurement of an item received with estimated cost of PKR 90,000/-. In response 03 quotations were received. Lowest price was PKR 640,000/-. So now my question is that can we proceed for the issuance of Purchase Order?   Atif Bilal, Pakistan Answer:- Thankyou

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PPRA Rules on Acceptance of Bids/Negotiations

Client Query 042:- Hello, hope all is well at your end? I wanted to discuss a matter with you that a Project Office has to be processed through Single Stage Two Envelope Procedure. There are total two bids received and out of these, one bid was disqualified in Technical Evaluation. Single qualified bid was opened

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Daily Legal Advice Series

PPRA Rules on Procurement Procedures

Client Query 041:- Hello, Hope all is well. Wanted to discuss about an organization which is a non-profit organization under Societies Act 1860 and operational since 2009. It is governed by Board of Directors and has formulated its operational policies and procedures considering local procurement rules, practices and UN requirements as well. As it is

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Daily Legal Advice Series

PPRA Rules on Procurement Procedures

Client Query 040:- Hi, Hope everything is well at your end! Wanted to clarify some points regarding Single Stage Two Envelope Procedure! Wanted to ask that after completing the Evaluation of Technical Proposals, can the Board/Committee  open the financial bids without any formal approval of Technical Evaluation Report? Then if approval of the Technical Evaluation

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Daily Legal Advice Series

PPRA Rules on Acceptance of Bids/Negotiations

Client Query 039:- Salamz, Hope you doing well. Wanted your expert advice for a query of mine! I wanted to ask that while requesting quotations from the market for all the procurement, which are less than the tender limit i.e. Rs. 100,000, can we purchase our desired brand/Model Numbers directly instead of mentioning generic specification?

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Daily Legal Advice Series

PPRA Rules on Acceptance of Bids/Negotiations

Client Query 038:- Hello, Hope you doing well. Wanted to ask that, in single stage, single envelope Tender, there were Nine firms participated in the bid out of which two firms offered rebate on their total quoted amounts prior to opening of Bids. Now one of them is declared the Lowest evaluated Bidder and the

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PPRA Rules on Acceptance of Bids/Negotiations

Client Query 036:- Hi, I wanted some information regarding bidders participating in a particular tender. Now three Bidders were participated in a single tender. However, due to some issues inquiry was raised against the Tender. Also, after lapse of sufficient time, Inquiry Committee did not give any verdict. Lowest Bidder say M/s B now require

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Daily Legal Advice Series

PPRA Rules on Procurement Procedures

Client Query 035:- Hello,How are you? I had a query with reference to the Pakistani newspapers! I wanted to ask that what sort of tender is to publish for the items that are only available in the Foreign Countries? Please guide that where the tender should be published? Either in Pakistani newspapers as international tenders

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PPRA Rules on Direct Contracting/Negotiated Tendering

Client Query 034:- Hello, Hope you doing well. Wanted to ask that for a small civil works project if the consultancy charges is less than Rs 0.5 Million, is it possible to go for direct hiring of the consultants?   Ali Salman, New York   Answer:- Thank you for writing to us! In response to

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Daily Legal Advice Series

PPRA Rules Query on Direct Contracting/Negotiated Tendering

Client Query 033:- Hello, Hope all is well at your end! Wanted to ask something that according to Direct Contracting rule 42 c (ii) of PPR-2004  can a procuring agency obtain maintenance and support services for its in-use  of high tech proprietary (branded) equipment/machines, which can be provided directly from its Original Equipment Manufacturer (OEM)?

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Daily Legal Advice Series

PPRA Rules Query on Advertisements/Response Time

Client Query 031:- Hello, hope all is well at your end? Wanted to ask that what happens in an emergency breakdown at work? Can a procuring agency invite the Bids in which response time is less than 15 days? Your response in this regard would be highly appreciated! Thanks   Sahir Ahmed, UK   Answer:-

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PPRA Rules on Clarification/Rejection of Bids

Client Query 030:- Greetings! Hope all is well. I heard very good reviews about your law firm and hence thought of writing to you with my query as well. Wanted to as that, can we contract with the second-in-line vendor/the second lowest bidder of the bidding process and collect excess costs from the defaulting vendor

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PPRA Rules on Bidding Documents/Maintenance of Procurement Records

Client Query 029:- Hello, Hope everything is fine at your end. Wanted to clarify one thing that, it is mentioned that SNGPL and SSGCL both intends to hire consultancy services for an activity on joint basis, as scope of work is same for these organizations. In this regard, we seek your advice/ opinion if consultancy

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PPRA Rules on Acceptance of Bids/Negotiations

Client Query 028:- Greetings! Wanted to ask that, according to Public procurement Rules, 2004 allow direct contracting for procurement of certain items/stores under alternate methods of procurement as specified in Rule 42. As per Rule 42(c) (vii), purchase of motor vehicles from local original manufacturers or their authorized agents at manufacture’s price is covered under

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Daily Legal Advice Series

PPRA Rules on Evaluation Criteria/Specifications

Client Query 027:- Hi, hope all is well at your end! Wanted to ask that, in open or limited tendering, if we mention in our tender document that we need store of Europe origin only, is it according to PPRA rules or any other otherwise? Please highlight your answer as per the PPRA Rules. Thankyou!

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 026:- Hello, I wanted to discuss a query of mine! Wanted to ask that in civil works if the prices quoted by the pre-qualified firms exceed the engineer estimate who is working as a consultant, particularly when the excess is huge as compared to the engineer estimated prices, then what should a procuring

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PPRA Rules Query on Pre-qualification/Blacklisting

Client Query 025:- Hello, Hope everything is fine at your end. I wanted some clarification from you over one matter. I wanted to ask that, if a procuring agency feels that through the existing list of pre-qualified firms they are not getting value for money, can they pre-qualify more firms through pre-qualification notice and add

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 024:- Greetings!! Hope everything is well at your end. Wanted to ask that is it possible that a procuring agency accept voluntary rebate from pre-qualified vendors/firms after the financials have been opened particularly in civil works as well as in other types of procurement? Also particularly from the firm that has been declared

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PPRA Rule Query On Procurement Procedures

Client Query 023:-Hello hope you doing well. While uploading the tender there is a field “estimated cost” in the tender form. Can we mention the estimated cost? Is it a must to mention the estimated cost? While acquiring bids from pre-qualified vendors can we convey the engineering estimate to them? Your kind assistance in this

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PPRA Rules on Direct Contracting/Negotiated Tendering

Client Query 022:- Hello, hope all is well at your end. Wanted to discuss a query from you.  NADRA issued a Purchase Order for renovation work after processing an open tender. The BOQ consisted of 20 items and amounted to 5 Million rupees. After completion of work a board was formulated for inspection of work.

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PPRA Rules Query on Direct Contracting/Negotiated Tendering

Client Query 021:-Hello, hope everything is well. Wanted to have an expedite reply from the expertise of your law firm. We had a contract with the firm for the provision of janitorial services in year 2015 after due fulfillment of the PPRA rules 2004. Now the contract is going to be expired and contractor/firm submitted

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PPRA Rules Query on Procurement Procedures

Client Query 020:- Greetings! With reference to my previous query, I would like to ask that, in two-stage two-envelope bidding procedure is it mandatory to announce Technical evaluation result scores before opening of financial bids?   Nadeem Jaffery, New York   Answer:- Thank you for writing to us. The answer to your query is that,

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 019:- Greetings! Hope all is well. Wanted to discuss one scenario with you. We practice Single Stage-Two Envelope Bidding procedure. In one of our tender, four bidders participated. During the finalization of the case, lowest bidder refused to re-validate their offer. In this scenario, should we approach to second lowest bidder for price

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 018:- Hello! Wanted a clarification on one thing. We have clearly mentioned in our tender document that supplier must attach tender fee with technical quotations/offers. Can we accept offers in the following scenarios; 1) Supplier has not provided tender fee 2) Supplier has provided photocopy of receipt 3) Supplier has deposited and provided

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PPRA Rules Query

Client Query 017:- Can we mention estimated price on Advertisement/Tender Documents for Hiring of firms for Janitorial Services and Hiring of Security Guards?   Sadia Naz, UK   Answer:- Thank you very much for writing to us. Based on your query there is no such provision mentioning the upper or lower limit of offered price

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PPRA Rules Query on Advertisements/Response Time

Client Query 016:- Hello, hope everything is well at your end. We wanted to clarify one thing that once having gone through the process of pre-qualification as per the PPRA rule 15 and 16 and have pre-qualified firms for different minor civil, elect and plumbing works for a certain period of time say 1 year

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PPRA Rules Query on Bids Validity

Client Query 015:- Greetings!! Kindly clarify that in a Single Stage Two Envelope Tender process, if the Bid Validity Period of Bids was given as 120 days from the date of Financial Proposals Opening in the bidding documents and no time period for Technical Evaluation purpose or opening of Financial Proposal was given in the

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PPRA Rules Query on Evaluation Criteria/Specifications

Client Query 014:- Greetings! Hope all is well. My query is that is a bidder allowed to offer enhancement on the total amount of bid which has been submitted already? Is it true that a bidder can offer debate on the total amount of bid? Rafay Zaman, UK   Answer:- Thank you very much for

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PPRA Rules Query

Client Query 012:- Salamz, hope all is well. Wanted to inquire that can the repair of maintenance of official vehicle from authorized company workshop is right or adopting the PPRA rules where quotation/tender is required first adopt the procedure than work done from authorized company workshop is required? Please suggest me with the best of

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PPRA Rules Query

Client Query 011:- Hope your day is going well. Wanted to ask that when a procurement agency accepts the bid then (how many days) can procurement agency given the last date of delivery for supply of required materials to firm according to rule position and if firms request for extension in the last date of

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PPRA Rules Query

Client Query 010:- Hi, hope you doing well. We wanted to sign a contract with engineering consultancy firm for consultancy services of a infrastructure development project. This project is running for last 10 years and still not completed. Can we use consultancy services of same firm for construction of another block under same project while

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PPRA Rules Query

Client Query 009:- Hi, hope you doing well. Wanted to clarify that it has been stated that M/S ‘A’ was awarded order for Manufacture & supply of 03 Units Fire Tender with all firefighting equipment for Karachi Port Trust in the year 2013 by adopting PPRA Rule 36(a). Now some repair work incurred in the

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PPRA Rules Query on Procurement Procedures

Client Query 008:-  Greetings! Hope your day is going well. Wanted to ask that a government organization called for DDP/FOR terms only, but, accepted FOB offers as well from foreign vendors. While, local bidders offered FOR terms as required. Can we file objection on the process? Amir Naveed, New York   Answer: Thank you for

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PPRA Rules Query

Client Query 007:- Hello, wanted to have some clarification that if a vendor was awarded Purchase order after tender for 50x printers and 100x tonners. Now vendor has given a letter after almost one month that printer model mentioned in PO has been discontinued so he will replace it with upgraded model in same price

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 006:- Hello, wanted to ask that can a procuring agency procure laptops, desktop computers, printers, scanners, etc. by using brand name with the word or equivalent in the technical specifications? Bilal Ahmed, Italy Answer:-Thank you for your query. The words “or equivalent” can only be mentioned if a procuring agency is convinced that

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PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 005:- We wanted to ask that can a procuring agency while engaging in civil works/renovation work mention that bidders who have worked certain number of years with our organization will be awarded certain points in the technical evaluation criteria? Salma Javed, UK Answer:- Thankyou for writing to us. The preparation of evaluation criteria/bidding

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PPRA Rules Query

Client Query 004 Hello, we wanted some confirmation and clearance about one matter. Now According to PPRA Rule 39, the organization seeks in the Bidding Documents 05 to 10% as performance guarantee from the successful bidder. Kindly confirm the exact percentage of the performance guarantee to be obtained. Please confirm whether 10% performance guarantee against

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PPRA Rules Query on Procurement Procedures

Client Query 002 Hello, we were recently involved in bidding and are wondering if a government procuring agency floated a tender for requirement of certain quantities of a product/equipment then at the time of award of contract to lowest evaluated bidder, can procuring agency enhance or reduce the quantities. Though such condition is already part

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Daily Legal Advice Series Daily Online E-Mail Queries Guidance on PPRA Laws Pakistan

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 001 Hello, we are trying to set up a business in Pakistan. If we have mentioned the unit price then an organization might has floated the tender for the supply of various equipment and mentioned their BOQ. We quoted according to their BOQ, if they increase the quantity of one item at the

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Energy Law in Pakistan Frequently Asked Questions

Energy law and policy in Pakistan-Basic Institutional Framework

The Federal Ministry of Water and Power governs the electricity policy and the Federal MPNR governs the policy guidelines of the coal, oil and gas sectors. Alternate energy policies are made by AEDB. Within MPNR, Directorate General of Petroleum Concessions (DGPC) awards petroleum exploration and production rights and thereafter regulates petroleum exploration and production operations

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Buying property owned by a company, essential due diligence (Due Diligence Legal Services in Pakistan)

Due Diligence Legal Services in Pakistan : Client Query :We are interested in buying a property which is owned by a private ltd. company in Lahore.What due diligence would we  need to do on the sellers company and the property title etc.? What services do you provide in this regard. Answer  Basically, you will need

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Background Checks on Employees in the Pakistani Jurisdiction

Many of our corporate clients, especially small and medium sized companies who cannot afford in-depth, structured, employee verification procedures, often wonder about the legal implications of vetting their prospective candidates through social media forums. This is a particularly risky area of law, especially where matters of privacy come in. Very recently one of our well-known

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Setting Up An EPC Company in Pakistan by a Foreign Investor

Client Query 7845 of 2016 :Setting Up An EPC Company in Pakistan by a Foreign Investor As a Foreign  EPC contractor we would like to set up a legal entity in Lahore Pakistan in order to do the EPC contracting business, for example, the residential and commercial building, waste water treatment, road, power, railways buildings.

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Our latest Publication The Mining Law Review 2017 Pakistan Chapter

The Josh and Mak Team is proud to be a part of the Experts Panel for 2017 and below is our contribution to the Mining Law Review 2017 (Pakistan Chapter (Ch-15) published by the very esteemed editorial Panel , “The Law Reviews”. Author : Barrister AEMEN MALUKA Josh and Mak International Executive director and founder

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The Companies Ordinance 2016 (Pakistan)

In this publication we have provided an analysis of the critical differences manifesting between the new Companies Ordinance 2016 and the now repealed Companies Ordinance 1984. It is highly recommended on our behalf that even as you consider applying the specific sections in a given case that reference is made to the relevant statute’s specific

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Legal Aspects of Setting Up A Solar Power Project in Pakistan

Are you looking to get legal advice for setting up a Solar Power Project in Pakistan.Below is our client guide to the legal aspects and other considerations involved.This guide is not meant to be a full client guide.If you have specific questions, please give us a call at +92-300-5075993 or email us at aemen@joshandmak.com Pakistan

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Josh and Mak to launch Procurement Consultancy Services under a new consortium

  Josh and Mak International is now introducing a new specialist service involving Competitive Bid Writing and Bid Management, as one of the best team of Procurement Consultants in Pakistan . Whether our clients are drafting bid documents or responding to an RFI, RFP or PQQ or even an ITT, our team can help you

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Serving a Legal Notice in Pakistan

A different view on including clauses in Pakistani  contracts pertaining to Legal Notices Disclaimer:The views expressed below are those of our team which they have developed in their daily practice.If you are in need of actual legal advice please contact our team directly.   Many  times in our legal practice we have , for practical

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Difference between right of lien and right of retention in Pakistan

The article reviews the difference between right of Lien and Right of Retention in construction and energy contracts in Pakistan and International Jurisdictions. In many contracts,  both the terms seem to have been written together as one right being additional to the other. It is also true that technically they are two slightly different concepts

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The 18th Amendment And the Energy Sector of Pakistan (Part 1)

The dispute between Pakistani Provincial authorities and the Federation regarding the 18th (eighteenth) amendment upon the Constitution of Pakistan has already been creating hindrances in gas and oil exploration activities for the last six years (as of 2016).It is time to rethink our approach to  devolution with half-baked measures, which only serve to paralyse our

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Opting for court proceedings in Pakistan, a different view

In Pakistan, one option, when looking for a straightforward and cost efficient approach to resolving disputes is mediation/ arbitration. This saves you both money and time while helping all parties in achieving a resolution that is mutually beneficial to all parties involved. An amicable dispute settlement can also preserve old and valuable business relationships.That is

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Company taxation can be a complicated matter, as laws change all of the time. This is why it is a good idea to hire a company that offers legal services Islamabad based. They can deal with this area of your business for you, giving you peace of mind that everything is handled above board. For

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Specific performance and personal service contracts

By Barrister Aemen Zulfikar Maluka It is a trite fact that the courts will avoid awarding specific performance of contracts in personal services contracts.Even then many lawyers insist upon adding the clause of specific performance in the contracts of personal services .In our view, there is little point in including provisions known to be unenforceable

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Opinion : Limitation on liability for ‘Intentional or criminal misconduct or wilful violation’ and Liability Caps

By Barrister Aemen Zulfikar Maluka  It is common to encounter, during contract review requests by clients, a contractor request for a limitation on liability for “intentional or criminal misconduct or wilful violation” in an agreement for which legal services involving drafting and/or review have been requested. Many times when we received such a request, a

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FAQs on Pakistan Real Estate, Landlord and Tenant Laws

What does the Pakistan Real Estate, Landlord and Tenant Law Actually Consist Of? The answer to this question is neither simple, nor easy to understand given the complex terminologies you will have to face, if you do not own land in a modern housing society or the Federal Capital.The article below is aimed at helping

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Buying Property in Pakistan: A Legal Guide for Overseas Pakistanis and Foreigners

This Guide seeks to enable Local and Overseas Pakistanis, as well as Foreigners wishing to invest/buy property in Pakistan.Our top legal team will be more than happy to give you legal opinion or help you carry out due diligence for any property you wish to purchase in Pakistan.Our due diligence and legal opinion fees are

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Legal Services in Pakistan
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Common question, how do you distinguish between ® and ™?

This is one of the most common queries we get from our clients and it is probably a question which has caused a lot confusion for start-ups, especially in the pharmaceutical industries in Pakistan.Basically, a company can only use the circled ® symbol in conjunction with the products and brands owned by itself, given that it

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Trademark Laws in Pakistan
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Is it important to trademark Logo before incorporation or should it be done after the company or firm is incorporated?

This is a common question often asked by our clients.We always advise them to wait. It is always better to wait to get a proper legal entity registered under which you will be trading.By incorporating your company first you will able to make sure that the company/firm owns the trademark. By getting a trademark first,

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Justice on Wooden Piece
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Has your cheque been dishonoured?

A common complaint by our clients is that a business party or friend has given them a cheque which has been ‘Dishonoured’. Hence this guide about Dishonouring of Cheques is hoped to be able to help our prospective clients understand the complexities and legal implications of their situations , involved in the matter. Frequently Asked

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Non-Profit Company Registration in Pakistan

Please contact Josh and Mak International for advice on which type of NGO / NPO best suits your needs.This article is meant for general guidance only. Below are some of the most Frequently Asked Questions (FAQs) on registration of a non-profit company in Pakistan which is an alternative to registering a non-profit under the Societies

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Registration of society under Societies Registration Act, 1860

These are some of the most Frequently Asked Questions (FAQs) regarding registration of society under Societies Registration Act, 1860, which our clients have been asking us.If you wish to register a society in Pakistan, please contact us at 0300-5075993, however please be aware that due to security concerns the government has temporarily suspended such registrations.To

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Recovery of Advance Payments

Client Question Am I able to recover some advance payments I have made under a recent contract I have signed? It seemed to be based on standard terms and I do remember there being a lot a of small print. (Ali Memon, Karachi) Answer If the party accused of being in breach has already made

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Qualities The Best Lawyers In Pakistan Have

No matter whether you need someone to assist you with environmental laws, drawing up legal documents, or civil matters, you will want to find the best lawyers in Pakistan to help. With so many law firms in the country, this can be easier said than done. Below, we will reveal all of the key qualities

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Legal Guide For Starting A Petrol Pump

Due to the overwhelming amount of queries we keep getting , we have set out a basic guide for setting up a petrol pump in Pakistan.If you wish to Open a Petrol Pump, then please DO NOT call us.Instead please try to google the marketing companies like Shell, PSO etc for more information as they

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Suit for Declaration and Permanent Injunction
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Writ Petition to Challenge Transfer of Government Employee

This was a Writ filed by our team for preventing unfair transfers of government officers.In this case three petitioners were all Divisional Accounts Officers (DAO). The petitioners were posted as the Divisional Accounts Officer, in three different cities. On having excessive complaints pertaining to premature postings and transfers of Divisional Accounts Officers on the basis

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Gavel, scales of justice and law books
Daily Legal Advice Series Resolved Cases

NAB related Writ Petition for suspension of sentence as the provisions of Section 426 Cr. P.C are not applicable for seeking such relief in NAB cases

This client approached us to file a Writ Petition,  assailing a judgment of the High Court dated 2012 to the extent of suspension of sentence as the provisions of Section 426 Cr. P.C are not applicable for seeking such relief in NAB cases.A Cr.A of 2012 was still pending against the conviction of the petitioner

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Bangladesh LNG Deal , Published comments by Josh and Mak International

The Josh and Mak team thanks Mr Andrew Walker from ‪#‎Interfax Natural Gas Daily for the interview this week regarding the news that ‪#‎Excelerate in Bangladesh has secured $500 million in funding from the International Finance Corp. (IFC), a member of the World Bank Group, which provides finance for private-sector ventures in developing countries. The

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