Law: Public Procurement Rules, 2004

Section: 19

Public Procurement Rules, 2004--- ----R.19---Public procurement---Tender documents, non-issuance of---Petitioner company was aggrieved of refusal of Capital Development Authority to issue tender documents---Validity---Capital Development Authority could not refuse to issue tender documents to an applicant on the ground that it would not satisfy criteria for award of contract---No evaluation of petitioner's credentials took place at the stage when it approached Capital Development Authority for purchase of tender documents---Petitioner company had not been adjudged defaulter or a bad performer of its contractual obligations---Petitioner company was also not blacklisted by Capital Development Authority or any other government department or autonomous body in accordance with requirements of R.19 of Public Procurement Rules, 2004---High Court declared refusal on the part of Capital Development Authority to issue tender documents to petitioner company, as without lawful authority and of no legal effect---Constitutional petition was allowed, in circumstances. 7C's Corporate Services v. Oil and Gas Development Company Ltd. PLD 2017 Isl. 115 rel. JUDGMENT MIANGUL HASSAN AURANGZEB, J.----Through this judgment, I propose to decide Writ Petitions Nos.947/2021, 1262/2021, 2031/2021 and 2235/2021 since they entail common questions of law and fact. 2. In all the petitions, the petitioner, Sanghol Engineering Services (Pvt.) Ltd., has assailed the omission on the part of the Capital Development Authority ("C.D.A.") in issuing the tender documents to enable it to participate in the competitive process for the award of different contracts mentioned in the tender notices issued by the C.D.A. 3. Vide tender notice dated 10.03.2021, the C.D.A. invited contractors / firms duly enlisted with the Pakistan Engineering Council for the award of 19 different contracts mentioned in the said notice. In the said tender notice, it was mentioned that tender documents could be purchased on payment by 04.03.2021. It was also mentioned that "the tender will be issued only to those firms who provide at least 03 work orders for last 02 financial years in the relevant field including satisfactory…

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