Transparency in the bidding process for a project of a 200-bed hospital at Rawalpindi is in question as Islamabad High Court Wednesday decided to ascertain the facts as to why people at the helm of affairs of Pakistan Public Works Department (PWD) were unable to give sufficient time to make available bid documents to bidders of the project.
It is pertinent to mention that the Executive Committee of the National Economic Council (ECNEC) met in Islamabad during 2018 with the then Prime Minister Shahid Khaqan Abbasi in the chair, and approved eight projects including the establishment of 200-bed Center of Excellence for Obstetrics & Gynecology (Revised) at a total rationalized cost of Rs 5,301.41 million in Rawalpindi.
One of the interested bidders M/s Riaz & Sons, a partnership firm of CB category contractor who was denied to get participation in the bidding process of the project on technical grounds, has invoked the IHC jurisdiction for directives to the top brass of PWD to ensure transparency in the bidding process of the project. He made Chief Engineer North Pak PWD Islamabad, Superintendent Engineer Circle and Executive Engineer Pak PWD, Central (E&M) Division 1, Islamabad, Managing Director, Project Director of National Engineering Services Pakistan (NESPAK) Islamabad, and Managing Director of Public Procurement Regulatory Authority Islamabad as respondents.
While authoring a 4-page order in the matter, a single-member bench of the IHC comprising Justice Miangul Hassan Aurangzeb said, “ Let the bidding process pursuant to the advertisement of May 26, 2021, continue, but the same shall be subject to the final outcome of this petition, Exemption sought for is allowed subject to all just and legal exceptions”.
Under an order of the court, it is very much clear no bidding process will get finality till the final adjudication of the matter in the IHC.
Earlier, appearing before the bench the petitioner’s counsel has contended that the entire purpose of an advertisement is that the bid documents are made available and a bidder has sufficient time to present them. Raising objection over the Pak PWD to give a short span of time to furnish bidding document, the counsel contended a period of two days is too short for a bidder to prepare the bids and that too on public holidays.
He contended that through an advertisement of May 26, 2021, Pak, PWD has invited bids for the award of the contract for the Establishment of 200 Bed Center of Excellence for Gynaecology & Obstetrics at Rawalpindi. The counsel said his client contractor on May 26, 2021, applied for the bid documents claiming that such documents were not made available to his client until Friday, June 11, 2021, however, he informed the court that the last date for the submission of the bids was extended to June 14, 2021, through a corrigendum.
The contractor’s counsel further submitted that the entire purpose of an advertisement is that the bid documents are made available and a bidder has sufficient time to present them. He added that a period of two days is too short for a bidder to prepare the bids and that too on public holidays.
To which the bench issued notice to Chief Engineer North Pak PWD Islamabad, Superintendent Engineer Circle, and Executive Engineer Pak PWD, Central (E&M) Division 1, Islamabad. Later, hearing adjourned sine die.