Re-procurement

Petitioner participated in tender for installation of Heating, Ventilation and Air-conditioning equipment and was awarded the contract being the lowest bidder but due to certain differences the contract was cancelled

Authorities instead of re-advertising the project, adopted selective bidding among contractors pre-qualified in earlier tender and the contract was awarded to respondent

Validity

Method of selective bidding adopted by authorities for award of re-procurement contract did not satisfy requirements of Rr. 4 & 20 of Public Procurement Rules, 2004

Procedure adopted by authorities for award of re-procurement contract for supply of equipment without issuing an advertisement inviting bids for public was unlawful

Mere fact that an advertisement was published at a stage when bids were initially invited prior to the award of contract by authorities to petitioner did not absolve the authorities from initiating a bidding process de novo by issuing a fresh advertisement for re-procurement contract

Selective bidding process for award of re-procurement contract adopted by authorities by inviting quotations from five parties which had been pre-qualified in earlier round of bidding was also unlawful and was violative of Rr.4, 12, 14 & 20 of Public Procurement Rules, 2004

High Court directed the authorities to initiate bidding process in transparent manner by issuing advertisement inviting bids from general public and set aside re-procurement contract in question

Constitutional petition was allowed in circumstances.