Law: Punjab Procurement Rules, 2009

Section: 2(h)

(a) Punjab Procurement Rules, 2014--- ----R. 2(h)---Bid security---Scope---Procuring Agency while inviting bids sought bid security @ 5% of estimated cost in the shape of CDR (Call Deposit Receipt)---Petitioner and respondent were the only contestants---Petitioner deposited the CDR while respondent deposited CDR of lesser amount, however, for the rest of amount he had submitted bank guarantee---Tender Opening Committee rejected the respondents bid---Grievance Redressal Committee accepted the bid of respondent vide impugned order---Validity---Bid security had been defined in R. 2(h) of Punjab Procurement Rules, 2014---Bid security could be Bank guarantee or other form of security submitted by a bidder together with a bid---Word or used before the words other form of security meant that it was within the domain of competent authority either to ask a Bank guarantee or other form of security which certainly included CDR---Attempt was made through unfair means to extend the benefit to respondent by the Grievance Redressal Committee whose bid was rightly rejected by the Tender Opening Committee---Constitutional petition was allowed and the impugned order was set aside. (b) Punjab Procurement Rules, 2014--- ----R. 4---Procurements, principles of---Scope---Transparency is the soul of any procurement process which must be evident from the actions as it also guarantees that the rights of the competitors may not be defeated---Even under R. 4 of Punjab Procurement Rules, 2014, a Procuring Agency, while making any procurement,…

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