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JALAL CONSTRUCTION COMPANY vs The SECRETARY, C & W DEPARTMENT, LAHORE S — 2025 PLD 379 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 379 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
JALAL CONSTRUCTION COMPANY vs The SECRETARY, C & W DEPARTMENT, LAHORE S
Provisions referred to
S. 27---P; Public Procurement Regulatory Authority Ordinance

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

JALAL CONSTRUCTION COMPANY VS The SECRETARY, C & W DEPARTMENT, LAHORE S.27---Public Procurement Rules, 2004, R. 23---Public Procurement Regulations, 2008, Regln. 3---Standard Bidding Documents (SBD)---Scope---Performance Security---Exclusion of insurance Bond/guarantee as a form of guarantee by a Federal Procuring Agency is permissible under the SBDs of Pakistan Engineering Council (PEC)---Ultimate power to make SBDs has been conferred upon Public Procurement Authority, however, until the same are made or notified, the procuring agencies within the framework of Federal Government have been obligated to use SBDs prescribed by Pakistan Engineering Council (PEC)---Current legal framework of procurement at Federal level is in line with decision of ECNEC, although the Authority by exercising powers to develop SBDs conferred upon it, may validly make SBDs on its own by amending Regln. 3 of Public Procurement Regulations, 2008---At Federal level, the Authority constituted under Public Procurement Regulatory Authority Ordinance, 2002, read with Public Procurement Rules, 2004 and Public Procurement Regulations, 2008 is legally empowered to devise SBDs but it has adopted SBDs prepared by PEC---All procuring agencies falling under Federal Government are obliged to use SBDs of PEC in their respective procurement process---SBDs of PEC allows a procuring agency to exclude insurance bond/guarantee from an insurance company having AA rating from PACRA/JCR as a form of security with respect to performance or additional performance/quality assurance security by prescribing as such in its SBDs.

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