Law: Balochistan Public Procurement Rules, 2014

Section: R-29, R-29(1)

Balochistan Public Procurement Rules, 2014-------R. 29(1)---Constitution of Pakistan, Art. 143---Rule 29 of the Balochistan Public Procurement Rules, 2014 ('BPPRA Rules 2014'), vires of---Pakistan Engineering Council, Standard Form of Bidding Documents (Civil Works) dated 11-06-2007, Clause 15.2---Bid Security (of 2% in the shape of Bank Guarantee/Deposit at Call (CDR) by the participating contractors/firms), submitting of---Notice InvitingTender was issued in newspapers by Secretary Communication Department, Government of Balochistan ('GoB') (respondent) for procurement of seven different works for construction of roads ('the subject works') with condition of submitting Bid Security of 2% in the shape of Bank Guarantee/Deposit at Call (CDR) by the participating contractors/firms (which condition was) based on R. 29 of the Balochistan Public Procurement Rules, 2014 ('BPPRA Rules 2014')---Petitioners (Constructors Association of Pakistan and other contractors/firms) invoked constitutional jurisdiction of the High Court seeking amendment in the said condition/requirement and prayed that, instead the Insurance Guarantees from a AA Ranking Insurance Company for the subject projects be accepted from them (petitioners)---Validity---Clause 15.2 of the Standard Form of Bidding Documents (Civil Works) dated 11.06.2007 issued by Pakistan Engineering Council (PEC) had been duly notified in the official Gazette vide Notification dated 12.02.2008 and it was mandatory for all concerned engineering organizations/ departments to use the said Standard Form of Bidding Documents for procurement of civil works funded locally or through donor agencies---Surprisingly, in bidding documents of different projects in the Province of Balochistan, GoB issued interest free mobilization advance to the successful bidders for the projects against guarantee for the full amount of mobilization advance from a scheduled bank or an insurance bond from an insurance company having at least AA Rating from PACRA/JCR, but R. 29(1) of BPPR 2014 did not provide option to the bidder to furnish bid security of 2% in the shape of insurance bond of an insurance company having at least AA rating from…

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