JOINT VENTURE OF MESSRS KAMAL NASIR KHAN (PVT.) LTD. vs NATIONAL HIGHWAY AUTHORITY Rr

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JOINT VENTURE OF MESSRS KAMAL NASIR KHAN (PVT.) LTD. VS NATIONAL HIGHWAY AUTHORITY Rr.5 & 48---Foreign funded project---Redressal of grievance---Petitioners as joint venture participated in award of contract for the project funded by Asian Development Bank ('A.D.B.') and had assailed rejecting of their technical bids as non-responsive---Plea raised by petitioners was that the authorities did not disclose reasons for rejection of their bids---Petitioners sought setting aside of procurement process---Validity---Project in question was funded by A.D.B. pursuant to loan agreement executed between Pakistan and A.D.B., therefore, R. 5 of Public Procurement Regulatory Authority Rules, 2004, had come into operation--- Provisions of loan agreement prevailed over those of Public Procurement Regulatory Authority Rules, 2004, but only to the extent of conflict between them--- Mere fact that tender of bidding process was initiated by a procuring agency in Pakistan for award of contract which was funded by an international financial institution like A.D.B. did not ipso facto lead to a complete ouster of the provisions of Public Procurement Regulatory Authority Rules, 2004---Where loan agreement executed with international financial institution did not provide for a bidders' grievance redressal mechanism either expressly or by reference, provision of R.48 of Public Procurement Regulatory Authority Rules, 2004 continued to be enforced--- In cases where loan agreement provided for such a mechanism but its mode was different from the one envisaged by R.48 of Public Procurement Regulatory Authority Rules, 2004, the parties were left to resort to the mechanism provided for in the loan agreement---Petitioners had already voiced their grievance against their ouster from bidding process and had sought an opportunity to place certain facts on the record---After a delay of eight months, authorities disclosed reasons for disqualification of petitioners and it was incumbent on them to refer petitioners' bidding-related complaint for resolution in terms of relevant clause of the Instructions To Bidders read with S.2 of Bid Data Sheet---It was for the forum designated in S. 2 of Bid Data Sheet to determine whether or not petitioners had filed taking over certificate along with their bid and whether such certificate along with accompanying documents fulfilled requirement stipulated in relevant clause of Evaluation and Qualification Criteria of Instructions To Bidders---Provisions of Instructions To Bidders provided adequate alterative remedy albeit different from the one envisaged by R.48 of Public Procurement Regulatory Authority Rules, 2004---High Court declined to interfere in the bidding process---Constitutional petition was dismissed in circumstances.

JOINT VENTURE OF MESSRS KAMAL NASIR KHAN (PVT.) LTD. vs NATIONAL HIGHWAY AUTHORITY Rr — 2023 CLC 1657 ISLAMABAD

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