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Daily Legal Advice Series

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 Public Procurement Rules, 2004 specifications shall allow the widest possible competition and shall not favour any single contractor or supplier nor put others at a disadvantage. Specifications shall be generic and shall not include references to brand names, model numbers, catalogue numbers or similar classifications. However if the procuring agency is convinced that the use of or a reference to a brand name or a catalogue number is essential to complete an otherwise incomplete specification, such use or reference shall be qualified with the words “or equivalent”. Provided that this rule shall not apply to procurement made by public sector commercial concerns on the demand of private sector client specifying, in writing, a particular brand, model or classification of equipment, machinery or other objects. Civil Aviation Authority (CAA) is requested to comply with the above rule.

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