KARACHI: The Competition Commission of Pakistan (CCP) urged the National Highway Authority (NHA), Pakistan Engineering Council (PEC), and Public Procurement Regulatory Authority (PPRA) to ensure competitive procurement by all the participants in the CPEC related cons
truction work.
The CCP has conducted a detailed study to assess competition issues in the road cons
truction sector in Pakistan, especially in the wake of the China Pakistan Economic Corridor (CPEC), in which it has proposed remedies to foster competition and create a level playing field in the sector.
The CCP said there should be no preferential treatment given by the government in awarding road contracts to any foreign const
ructor including the Chinese firms who have not performed well in the previous projects.
The CCP observed that under CPEC the Chinese firms in road cons
truction are receiving various exemptions, such as import duties and income tax exemptions consequently lowering their cost of doing business. The local const
ructors do not receive any such exemptions and therefore, this leads to discrimination between the local and the foreign Chinese cons
truction firms. To maintain a level playing field, the local const
ructors should be given relief on import duties and taxation as well in order to enable them to compete in road projects.
In Khyber Pa
khtunkhwa (KP) foreign and domestic (SOEs) const
ructors can receive road cons
truction projects without the process of competitive bidding. “The KP provincial government must look into this amendment and ensure transparent competition in the cons
truction sector”, CCP study recommends.
The CCP recommend all authorities to break down CPEC projects into optimum size packages in order to ensure greater participation of local contractors as well.
The NHA should monitor Joint Ventures in road cons
truction projects closely as under the PEC Const
ructors/Operators Bye Laws, the local const
ructors to qualify for certain cons
truction projects, can enter into Joint Ventures.
“There should be no preferential treatment given by the government in awarding road contracts to any foreign const
ructor”, CCP recommends.
There should be a proper mechanism to check subcontracting by the implementing agency to promote enhanced competition in the sector, improve the quality of projects as per the specifications given in the tender documents, and to bring transparency in subcontracting, CCP noted.
“In order to create a level playing field in the road cons
truction sector there should be no discrimination between public and private firms and equal o
pportunity must be provided to all players. It is therefore recommended that either these exemptions to state-owned enterprises (SOE’s) maybe annulled”.
The CCP found that consultants in the road projects are given unrealistic timelines for the road project design, supervision, and completion. This not only adversely affects the quality of the project, but also affects the smaller consultants, who are otherwise capable, being impracticable to meet the timelines. Consequently, the consultancy market is foreclosed for smaller players. Sufficient time, in accordance with the complexity of the project, must be given to the consultants for project design, supervision, and completion.