| Citation(s) |
|---|
| 2024 SLG 5923 2024 SLD 5923 = 2024 PLD 213 |
Islamabad High Court
Writ Petition No. 1426 of 2022, decided on 21st December, 2022.
Before Babar Sattar, J
Babbar A. Khan and Jawad Malik for Petitioners. Barrister Syed Masood Raza and Barrister Momin Ali Khan for NHA. Farrukh Shahzad Dall, Assistant Attorney General along with Faizan Ali, Assistant Chief and Zohair Fazil, Chief (T&C), Ministry of Planning, Development and Special Initiatives, Islamabad for
Respondents. Zaheer Iqbal, Section Officer (Litigation-II), Cabinet Division.
Writ Petition No. 1426 of 2022, decided on 21st December, 2022.
Before Babar Sattar, J
Babbar A. Khan and Jawad Malik for Petitioners. Barrister Syed Masood Raza and Barrister Momin Ali Khan for NHA. Farrukh Shahzad Dall, Assistant Attorney General along with Faizan Ali, Assistant Chief and Zohair Fazil, Chief (T&C), Ministry of Planning, Development and Special Initiatives, Islamabad for
Respondents. Zaheer Iqbal, Section Officer (Litigation-II), Cabinet Division.
Messrs KAC-RMS (JOINT VENTURE) through authorized representative--Petitioner
VERSUS
NATIONAL HIGHWAY AUTHORITY through Chairman and others--Respondents
Law: Public Procurement Rules, 2004
Section: 33,38,44,48
Law: Contract, Act, 1872
Section: IX,2(a),2(b),2(d),2(e),10
Law: General Clauses Act, 1897
Section: X,24A
Law: Constitution of Pakistan, 1973
Section: 199
Public Procurement Rules, 2004-------Rr. 33, 38 & 44---Contract Act (IX of 1872), Ss. 2 (a)(b)(d)(e) & 10---Bidding process---Inviting, rejecting and acceptance of bid---Scope---Power conferred on a procuring agency to annul bidding process and reject all bids under R. 33 of Public Procurement Rules, 2004 is not limited to a stage in bidding process prior to issuance of final evaluation report---Procuring agency may under R. 33 of Public Procurement Rules, 2004, reject all bids at any time prior to acceptance of a bid--Acceptance of a bid is an affirmative process and unless a procuring agency accepts a bid leading to issuance of procumbent contract within the meaning of Rr. 38 & 44 of Public Procurement Rules, 2004, it is free to exercise its authority to reject all bids under R. 33 of Public Procurement Rules, 2004---Constraint that R. 38 of Public Procurement Rules, 2004, applies on the authority of procuring agency is that it may not accept a bid other than a bid that has been evaluated and found to be the most advantageous bid---Provision of R. 38 of Public Procurement Rules, 2004, does not fetter authority vested in procuring agency under R. 33 of Public Procurement Rules, 2004, to reject all bids until the procuring agency has taken affirmative step of formally accepting a bid---Bidder, who is found to have submitted the most advantageous bid, has status of a party having made the best offer---Until such offer is accepted by procuring agency there does not come into existence a contract within the meaning of Ss. 2(a)(b)(d)(e) & 10 of Contract Act, 1872---Party making the best offer has no vested right to be granted a contract or to seek indulgence of Court to force procuring agency to issue it a procurement contract.(b) Public Procurement Rules, 2004-------R. 33---General Clauses Act (X of 1897), S. 24A---Constitution of Pakistan, Art. 199---Judicial review, powers of---Bidding process, annulment of---Recording of reasons---Scope---Petitioner company was aggrieved of annulment of bidding process---Validity---Procuring agency is under obligation to record reasons and make them available to a bidder in the event that…