CONSTRUCTORS ASSOCIATION OF PAKISTAN vs GOVERNMENT OF BALOCHISTAN through Secretary, Communication Department,

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CONSTRUCTORS ASSOCIATION OF PAKISTAN VS GOVERNMENT OF BALOCHISTAN through Secretary, Communication Department, Quetta 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 Inviting Tender 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 PACRA/JCR in favour of the employer---Rule 29(1) of BPPR 2014 is in contradiction to Federal and other Provincial Public Procurement Rules ,and it also not in conformity with Clause 15.2 of the Standard Form of Bidding Documents (Civil Works) dated 11.06.2007 issued by PEC which has an obligatory effect/is mandatory for all engineering organizations, departments at Federal and Provincial levels and District Governments for procurement of Civil Works---According to Art. 143 of the Constitution, in case of conflict between Federal and Provincial enactments, privilege of overriding supremacy is conceded to the Parliament/Federal Legislature---High Court directed the relevant quarters including Chief Secretary GoB to suitably amend R. 29(1) of BPPR 2014 and bring the same in conformity with procurement rules of other Provinces and the Federal Government and with the Standard Form of Bidding Documents (Civil Works) dated 11.06.2007 issued by PEC---Constitutional petition was allowed, in circumstances.

CONSTRUCTORS ASSOCIATION OF PAKISTAN vs GOVERNMENT OF BALOCHISTAN through Secretary, Communication Department, Quetta R — 2024 PLD 23 QUETTA-HIGH-COURT-BALOCHISTAN

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