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 we are in process of issuance of RFP to shortlisted firms now. Now one of the firms, which failed to be shortlisted as per our predefined evaluation criteria, has requested us to tell them the reasons for not being qualified. In this this regard, the procurement of consultancy regulations clause 6(3) says ” All applicants shall be informed rather or not they have been shortlisted” it does not makes it mandatory to inform the reasons. We followed that and informed all participating firms of the shortlisting results. Now in the light of PPRA consultancy regulations 2010 do we have to tell the unsuccessful firm of the reasons why they were not shortlisted or we can simply inform that the shortlisting was done on the basis of pre-defined evaluation criteria and for which reasons could not be shared at this stage? We would appreciate your response?
Nasir Ahmed, Pakistan
Answer:- Thank you for writing to us! As per your query, in terms of Rule 33(1) of Public Procurement Rules, 2004 a procuring agency shall upon request communicate to any supplier or contractor who submitted a bid or proposal, the grounds for its rejection of all bids or proposals, but is not required to justify those grounds. FAB may therefore, convey the grounds for not shortlisting the relevant consulting firm but is not required to justify those grounds.
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