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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 award this contract to both the 1st & 2nd lowest bidder by distributing the work equally (50% work to each bidder) by asking the 2nd lowest bidder to work on the rates as quoted by the 1st lowest bidder? Your response in this regard would be highly appreciated.

 

Yasir Nawaz, Pakistan

 

Answer:-Thankyou very much for writing to us. In order to make a comparison of quality of services, an organization was required to evaluate the service providers on the basis of their technical proposals. The ranking of the bidders is always based on their technical and financial bids. Obviously, lowest evaluated bidder conforming the evaluation criteria must have submitted the best technical and financial bid among the rest. In such situation, the contract cannot be awarded to 1st and 2nd lowest evaluated bidders after matching of price by the later. Moreover, matching of price or financial bid by other bidders with 1st lowest evaluated bidder is not allowed.

If you wish to inquire anything else you may set up an appointment with our extremely competent team of lawyers and visit our office which is located at GF-13, Tower A, The Centaurus, Islamabad, Pakistan.

You can also reach us at 0092-300-5075993

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