WSKB OPERATOR PRIVATE LIMITED vs NATIONAL HIGHWAY AUTHORITY R — 2023 MLD 674 ISLAMABAD

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WSKB OPERATOR PRIVATE LIMITED VS NATIONAL HIGHWAY AUTHORITY R. 48--- Qanun-e-Shahadat (10 of 1984), Art. 114--- Tender---Redressal of grievance---Terms and conditions of procurement proceedings---Estoppel, principle of---Applicability---Failure to raise any objection---Petitioner company after having lost the tender, assailed procurement process on the plea of defective terms and conditions---Validity---Once petitioner had chosen to participate in contest subject to certain terms and conditions, it could not seek to have the contest annulled after it was found to have lost in an evaluation carried out in accordance with the terms and conditions prescribed for such contest---Petitioner submitted its bid without challenging terms and conditions of bidding documents under R. 48(2) of Public Procurement Rules, 2004 and was consequently estopped from challenging such terms and conditions of the tender after evaluation of the bid, once it was declared pursuant to such evaluation that the petitioner was not the successful bidder---Petitioner failed to establish that the manner in which its bid was evaluated, pursuant to terms of the tender, was discriminatory or suffered from illegality---High Court declined to interfere in procurement proceedings---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 MLD 674 ISLAMABADBookmark this Case WSKB OPERATOR PRIVATE LIMITED VS NATIONAL HIGHWAY AUTHORITY R. 48(7)---Grievance Redressal Committee---Appellate Forum---Jurisdiction---As an appellate dispute resolution forum created under R. 48(7) of Public Procurement Rules 2004, the Authority is only vested with authority that flows to it from the Public Procurement Regulatory Authority Ordinance, 2002 and the Rules framed thereunder---Public Procurement Regulatory Authority is neither a court nor is vested with authority to issue judgments within the meaning of term as defined in S. 2(9), C.P.C.---Public Procurement Regulatory Authority has no authority to issue judgments in rem as it is not a part of judicial branch of State and is not vested with authority to render declarations regarding rights and liabilities of parties in general---Public Procurement Regulatory Authority, under R. 48(7) of Public Procurement Rules, 2004 is vested with limited authority to sit in judgment over the decision rendered by Grievance Redressal Committee of procuring agency to consider correctness or lack thereof of such decision in accordance with provisions of Public Procurement Regulatory Authority Ordinance, 2002 and Public Procurement Rules, 2004 in its capacity as a regulator of the public procurement process.

WSKB OPERATOR PRIVATE LIMITED vs NATIONAL HIGHWAY AUTHORITY R — 2023 MLD 674 ISLAMABAD

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