Saifullah Sani
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‎18th April 2012
Mr. Javaid Aslam,
Chairman P&D Board / Ex-Officio Project Manager,
I.T. Labs Project,
Government of Punjab,
Lahore
Sub; Clarification of Chairman P&D Board on the allegation of Violation of Punjab Procurement Rules, 2009 in procurement 110,000 laptops by the Punjab government.
Dear Sir,
Transparency International Pakistan has examined your reply recied on 17th April 2012 to the allegation have been reported in print media to TI Pakistans letter sent to Secretary, Planning & Development Department for comments/clarification on 6 April 2012.
At the outset, TI Pakistan world like to inform you that article 19-A makes the right to access of information pertaining to a public authority a fundamental right. Justice Syed Mansoor Ali Shah in his landmark judgment Ataullah Malik v. Federation of Pakistan laid down the following:
Right to information is another corrective tool which allows public access to the working and decision making of the public authorities. It opens the working of public administration to public scrutiny. This necessitates transparent and structured exercise of discretion by the public functionaries. Article 19-A empowers the civil society of this country to seek information from public institutions and hold them answerable. PLD 2010 Lahore 605
According to your statements in the letter, the procedure used in this procurement is summarized below;
1. That for the procurement of 110,000 laptops a transparent procedure was followed as per Punjab Procurement Rules 2009, the final purchase cost of Rs 37,700 per laptop was much below the market cost.
2. That this price is inclusive of a backpack, air shipping, pre-shipment inspection, extended warranty for a period of 15 months, storage and inland transportation charges and delivery to educational institutions throughout Punjab,
3. That the bid documents were issued to all interested firms, which included detailed terms and conditions, specifications and evaluation criteria, in accordance with Rule 23,
4. That according to the bid document, the procurement was to be undertaken through establishing LC at-sight, which meant that payment will be made immediately on delivery. However, during finalizing the mode of payment, the firm offered to establish a Letter of Credit for 30 days.
5. That under this arrangement, the supplier is offering a 30 days credit to Government of Punjab, even after delivery of laptops as the payments are being made 30 days after
presentation of documents by the supplier firm to the bank, after the goods have been received by the purchaser,
6. That the specifications in tender were exactly the same as the product procured and Core i3 or i5 chipsets were never mentioned in the bid documents. Bid document is also attached for perusal.
7. That a 15 months parts warranty, against the industry norm of 12 months, inclusive of battery is provided for all laptops.
8. That a copy of Contract under NAO 33B has already been sent to NAB by the Higher Education Department.
Based on the above clarification given by the Chairman P&D Board / Ex-Officio Project Manager, in accordance with the specifications and evaluation criteria included in the tender documents, the procedure as prescribed by Punjab Procurement Rules, 2009 has been adopted, and the allegations reported in the news report dated 6 April 2012 prima facie does not appears to be correct.
TI Pakistan appreciates your detailed response to its letter dated 6 April 2012, and request you to please continue to follow Punjab Procurement Rules, 2009 in all procurements in your department which will result in awards of all contracts to lowest evaluated the responsive bid.
TI Pakistan is striving for the Rule of Law in Pakistan, which is the only way to eliminate corruption and have good governance in the country.
With Regards,
Syed Adil Gilani
Adviser,
Copy forwarded for information of;
1. Chief Minister, Punjab, Lahore.
2. Chief Justice, Lahore High Court, Lahore.
3. Managing Director, PPRA Punjab, Lahore--
18th April 2012... | Facebook
Mr. Javaid Aslam,
Chairman P&D Board / Ex-Officio Project Manager,
I.T. Labs Project,
Government of Punjab,
Lahore
Sub; Clarification of Chairman P&D Board on the allegation of Violation of Punjab Procurement Rules, 2009 in procurement 110,000 laptops by the Punjab government.
Dear Sir,
Transparency International Pakistan has examined your reply recied on 17th April 2012 to the allegation have been reported in print media to TI Pakistans letter sent to Secretary, Planning & Development Department for comments/clarification on 6 April 2012.
At the outset, TI Pakistan world like to inform you that article 19-A makes the right to access of information pertaining to a public authority a fundamental right. Justice Syed Mansoor Ali Shah in his landmark judgment Ataullah Malik v. Federation of Pakistan laid down the following:
Right to information is another corrective tool which allows public access to the working and decision making of the public authorities. It opens the working of public administration to public scrutiny. This necessitates transparent and structured exercise of discretion by the public functionaries. Article 19-A empowers the civil society of this country to seek information from public institutions and hold them answerable. PLD 2010 Lahore 605
According to your statements in the letter, the procedure used in this procurement is summarized below;
1. That for the procurement of 110,000 laptops a transparent procedure was followed as per Punjab Procurement Rules 2009, the final purchase cost of Rs 37,700 per laptop was much below the market cost.
2. That this price is inclusive of a backpack, air shipping, pre-shipment inspection, extended warranty for a period of 15 months, storage and inland transportation charges and delivery to educational institutions throughout Punjab,
3. That the bid documents were issued to all interested firms, which included detailed terms and conditions, specifications and evaluation criteria, in accordance with Rule 23,
4. That according to the bid document, the procurement was to be undertaken through establishing LC at-sight, which meant that payment will be made immediately on delivery. However, during finalizing the mode of payment, the firm offered to establish a Letter of Credit for 30 days.
5. That under this arrangement, the supplier is offering a 30 days credit to Government of Punjab, even after delivery of laptops as the payments are being made 30 days after
presentation of documents by the supplier firm to the bank, after the goods have been received by the purchaser,
6. That the specifications in tender were exactly the same as the product procured and Core i3 or i5 chipsets were never mentioned in the bid documents. Bid document is also attached for perusal.
7. That a 15 months parts warranty, against the industry norm of 12 months, inclusive of battery is provided for all laptops.
8. That a copy of Contract under NAO 33B has already been sent to NAB by the Higher Education Department.
Based on the above clarification given by the Chairman P&D Board / Ex-Officio Project Manager, in accordance with the specifications and evaluation criteria included in the tender documents, the procedure as prescribed by Punjab Procurement Rules, 2009 has been adopted, and the allegations reported in the news report dated 6 April 2012 prima facie does not appears to be correct.
TI Pakistan appreciates your detailed response to its letter dated 6 April 2012, and request you to please continue to follow Punjab Procurement Rules, 2009 in all procurements in your department which will result in awards of all contracts to lowest evaluated the responsive bid.
TI Pakistan is striving for the Rule of Law in Pakistan, which is the only way to eliminate corruption and have good governance in the country.
With Regards,
Syed Adil Gilani
Adviser,
Copy forwarded for information of;
1. Chief Minister, Punjab, Lahore.
2. Chief Justice, Lahore High Court, Lahore.
3. Managing Director, PPRA Punjab, Lahore--
18th April 2012... | Facebook
