Law: Punjab Procurement Rules, 2014

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Procurement Rules, 2014--- ----R.5---Constitution of Pakistan, Art.199---Foreign funded project --- Technical and financial bids---Technical Evaluation Committee declared the bid submitted by the petitioner-company and its joint venture company as non-responsive -company challenged its disqualification from the bid process by filing a constitutional petition before the High Court---Maintainability---Project in question was regulated under a loan agreement entered into between the Government of Pakistan and an international financial institution--- In the bid process the terms of the loan agreement and that of the bid documents were also to be applied according to the satisfaction of the international financial institution itself, therefore, on the face of it there was no applicability of Punjab Procurement Rules 2014 (the 2014 Rules) in the whole project---As the loan agreement had been executed between the Government of Pakistan and an international financial institution, the present constitutional petition was not maintainable --- High Court dismissed the constitutional petition with the directions that the Provincial Government should form a Committee to minutely probe into the entire process of awarding of the project and bring it to the notice of the international financial institution as well; that the said Committee shall see if there was any misuse of authority in the entire process at any level, whether transparency was properly taken care of, and that proper process was adopted in the project; and, that formation of said Committee shall not mean stay of further process on the project. Messrs Power Construction Corporation of China Ltd. through Authorized Representative v. Pakistan Water and Power Development Authority through Chairman WAPDA and 2 others PLD 2017 SC 83 and Suo Moto Case No.5 of 2010 PLD 2010 SC 731 ref. (b) Civil Procedure Code (V of 1908)--- ----O.I, R.9---Constitution of Pakistan, Art. 199 --- Misjoinder or non-joinder of necessary parties --- Foreign funded project --- Technical and financial bids---Technical Evaluation Committee declared the bid submitted by the petitioner-company and its joint venture company as…

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