Law: Constitution of Pakistan, 1973

Section: 199

(a) Tender---.------.----Foreign and local bidders---.----Clause of tender that after acceptance of bids if taxes or duties on goods to be supplied were increased then respondent-company would not be liable to pay the increased amount so charged from the supplier---.---Terms and conditions of tender---.---Free on board (FOB) contract---.---FOR terms---.---Financial proposal submitted by the petitioner-bidder being conditional---.---Refusal of petitioner-bidder to withdraw said condition---.---Non-evaluation of bid submitted by the petitioner-bidder---.---Scope---.---Contention of petitioner-bidder was that clause of tender with regard to increase in taxes or duties was applicable only on the local manufactures which was discriminatory---.---Validity---.---Impugned clause could not be made applicable to the foreign bidders who were liable to pay any duty after delivery in FOB contracts---.---Respondent-company had not acted malafidely or in unfair and non-transparent manner in introducing clause to local manufacturers only---.---Duties and taxes, in case of foreign bidders, were to be paid by those bidders in their own country of manufacture---.---Respondent-company would not be burdened in case costs, duties and taxes in their own country were increased during supply of goods but same had to be paid by foreign supplier itself---.---Respondent-company had to receive the finished goods at the fixed rate on FOB basis from foreign supplier and on FOR basis from local supplier---.---Impugned clause was also applicable to foreign bidders---.---No undue benefit had been given to the foreign bidders in circumstances---.---Petitioner-bidder was aware with regard to FOR terms of bid while submitting its financial as well as technical bids---.---Petitioner-bidder's technical proposal was accepted in absence of any reservation on terms and conditions of bid documents---.---No mala fide and illegality on the part of respondent-company had been pointed out by the petitioner-bidder---.---Petitioner-bidder had been participating in many other steel line pipes for the last decades where similar clause was inserted---.---Conduct of petitioner-bidder had become self…