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HAFEEZ ULLAH LEHRI vs NATIONAL HIGHWAY AUTHORITY Rr — 2024 CLC 1370 ISLAMABAD

Case information

Citation
2024 CLC 1370 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
HAFEEZ ULLAH LEHRI vs NATIONAL HIGHWAY AUTHORITY Rr
Subject matter
Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAFEEZ ULLAH LEHRI VS NATIONAL HIGHWAY AUTHORITY Rr. 31(1) & 40---Constitution of Pakistan, Art. 199---Constitutional petition---Public procurement---Bidding process---Clarifications---New fact, introducing of---Scope---Negotiating with successful bidder---Petitioners were aggrieved of dismissal of their bid documents for not incorporating correct details---Plea raised by petitioners was that such details could be introduced while providing clarifications to procuring agency---Validity---Incorrect entries made in Certificate Form IT-1 by petitioners were such that they had a bearing on the contract price and therefore, could not have been changed in the process of providing clarifications---Allowing a negligent bidder to make amendments in his bidding documents would amount to conferring an undue advantage and preferential treatment to such bidder and a reciprocal disadvantage to other competing bidders---National Highway Authority did not commit any illegality by rejecting petitioners' bid document as non-responsive on the basis of incorrect entries made in Certificate Form IT-1 submitted by them along with their bid---Once a bidder was declared as the most responsive bidder in terms of evaluation report issued by procuring agency, there was nothing preventing procuring agency from negotiating contract price with such bidder prior to award of contract---Such negotiation was permissible within the parameters set out in R. 40 of Public Procurement Rules, 2004---High Court declined to interfere in bidding process---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2024 CLC

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