Law: Punjab Procurement Rules, 2014

Section: 4,10,13,213,28,29,30,35,48

(a) Public Procurement Rules, 2004--- ----Rr.4, 10, 13, 213, 28, 29, 30, 35, 48---Mis-procurement---Evaluation reports, failure to announce---Petitioners assailed award to tender to respondent on the plea that authorities did not announce their evaluation reports---Contention of the respondents was that once procurement process culminated in contract, such contract could not be set aside even if Court had come to the conclusion that the contract was a product of mis-procurement---Validity---Work orders were issued by Authorities without waiting for a period of fifteen days after issuance of final evaluation report---Such work orders were issued merely four days after opening of financial bids without even informing all other bidders that their bids had been rejected---Petitioners did not receive any correspondence from authorities stating that their bids had been rejected---Procurement process was carried out by authorities in breach of Rr. 4, 10, 13, 23, 28, 29, 30, 35 and 48 of Public Procurement Rules, 2004---No sanctity attached to a contract, which was product of illegal procurement process---Award of contracts to respondents were in breach of Public Procurement Rules, 2004, in disregard of principles of transparency---Such procurement process was run in a manner so as to deny petitioners and other bidders any opportunity to contest their disqualification during technical evaluation process---High Court declared the award of contracts to respondents to be illegal---High Court directed Federal Government to initiate disciplinary proceedings against all individuals who oversaw procurement process starting from release of tender documents to acceptance of bid and issuance of work orders and contracts to respondents for undertaking process in breach of mandatory conditions of Public Procurement Rules, 2004---Constitutional petition was allowed accordingly. M/s. Riaz, Sons through its Managing Director v. Chief Engineer (North) Pak. PWD, Islamabad and others (W.P No.1651/2021) and M/s Shabbir Ahmad v. Pakistan Public Works Department, Islamabad, through its Director General and others (Writ Petition No.52 of 2022) ref. (b) Public Procurement Regulatory…

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