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Public Procurement Regulatory Authority Ordinance (PPRA), 2002

Ordinance· 2002· 11 pages
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Summary

This Ordinance establishes the Public Procurement Regulatory Authority (PPRA), the federal body responsible for regulating how government ministries, departments, and federally-controlled corporations buy goods, services, and works — and, following a 2023 amendment, how they dispose of public assets. Section 2 defines the key terms: a "procuring agency" (Section 2(j)) covers any Federal Government ministry, division, department, or office, plus any authority, corporation, or body established by federal law or owned or controlled by the Federal Government; "public procurement" (Section 2(l), broadened in 2023) now also covers disposal of public assets and certain public-private commercial arrangements; and "misprocurement" (Section 2(h)) means procurement carried out in breach of the Ordinance, its rules and regulations, or any other procurement-related law.

Section 3 establishes PPRA as a body corporate headquartered in Islamabad, with power to hold property and to sue and be sued. Section 4 lets the Federal Government issue binding policy directives to the Authority. Section 5 sets out PPRA's core functions: monitoring how procurement laws, rules, and policies are applied; recommending new or revised laws and policies to government; making regulations and codes of ethics for procurement, inspection, and quality of goods, services, and works (this is the mechanism through which PPRA's well-known procurement rules and bidding procedures are actually created); monitoring procuring agencies' performance; and reporting to government.

Section 6 establishes the governing Board, chaired by the Secretary, Finance Division, and including the Secretaries of Industries and Production, Defence Production, Water and Power, Housing and Works, and Communications, three private-sector members nominated by the Federal Government, and the Managing Director; five members constitute a quorum (Section 7). Section 8 covers the Managing Director's appointment for a three-year term (renewable, but capped at six years total in office), lists disqualifications (conviction for an offence involving moral turpitude, prior dismissal for misconduct, insolvency, incapacity, or failing to disclose a conflict of interest), and restricts a private-sector Managing Director from taking procurement-related work for one year after leaving office.

Sections 9 through 15 cover PPRA's Fund, financed by government budget allocations, grants, and investment income, its budgeting and accounting obligations, and an annual audit by the Auditor-General of Pakistan. Section 16 lets PPRA demand information from any person or institution involved in public procurement. Section 17 requires an annual activity report within 120 days of the end of each financial year, released to the public after being seen by the Cabinet. Section 19 deems PPRA's Chairperson, members, officers, and staff to be public servants under the Pakistan Penal Code. Section 20A, added in 2023, requires procuring agencies to establish a grievance-redressal mechanism for bidders. Section 21 lets PPRA recommend that specific procurements be exempted from the Ordinance in the national interest, and Section 21A exempts privatized entities listed in the Schedule — currently only the Pakistan Telecommunication Company Limited — from the Ordinance. Sections 26 and 27 give the Federal Government rule-making power and give PPRA its own regulation-making power, which is how the detailed day-to-day procurement procedures most people associate with "PPRA rules" are actually created, separately from this Ordinance's text.

The Ordinance has been amended several times, most substantially by Act II of 2023, which broadened the definitions of "goods" and "public procurement" and added the grievance-redressal requirement, and by Act III of 2006, which added the exemption for privatized bodies. Readers looking for the detailed procurement rules and thresholds should check the current PPRA Rules and Regulations, which aren't reproduced in this Ordinance.

Key topics

public procurement regulationgovernment contractingPPRA governance and Boardmisprocurement and grievance redressalpublic asset disposal

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