M. N. CONSTRUCTION COMPANY vs GOVERNMENT OF BALOCHISTAN through Chief Secretary, Quetta Rr — 2024 PLD 38 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PLD 38 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PLD
Parties: M. N. CONSTRUCTION COMPANY vs GOVERNMENT OF BALOCHISTAN through Chief Secretary, Quetta Rr
Subject matter: Criminal

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

M. N. CONSTRUCTION COMPANY VS GOVERNMENT OF BALOCHISTAN through Chief Secretary, Quetta Rr. 37 & 41---Procurement process---Pre-bidding stage---Bid security---Insurance Bond/Guarantee of Insurance Company---Petitioner company was aggrieved of deposit of bid security in the form of Bank Guarantee and Deposit at Call and intended to furnish Insurance Bond/Guarantee of Insurance Company---Validity---Provision of R. 37 of Balochistan Public Procurement Rules, 2014, prohibited discriminatory and difficult conditions for procurement while R. 41 of Balochistan Public Procurement Rules, 2014, provided procedure for competitive bidding---For procurement of projects in question, only three contractors/firms (including petitioner) had pre-qualified---If petitioner company failed to submit Bid Security with bids in shape of Bank Guarantee or Deposit at Call and if petitioner company was not permitted to furnish Insurance Bond/Guarantee of an Insurance Company of AA Rating in required sums as Bid Security with its bids for procurement of two projects, the petitioner company would be deprived of submitting its bids/financial proposal for two projects and in such circumstances only two prequalified bidders would be able to submit their bids/financial proposals for procurement of the two projects which could not be termed as competitive bidding and would be violative of provisions of Rr. 37 & 41 of Balochistan Public Procurement Rules, 2014---High Court permitted petitioner company for the sake of competitive bidding for two projects to furnish Bid Security in the shape of Guarantee/Insurance Bond of AA Rating Insurance Company of Pakistan---Constitutional petition was allowed accordingly.

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