A.M. CONSTRUCTION COMPANY (PVT.) LIMITED versus THE NATIONAL HIGHWAY AUTHORITY
Articles 4, 23 and 38 of the Constitution of Pakistan, Article 199 Constitution of the National Highway Authority (NHA), tenders for which the NHA tender documents, interpretation of bid security, irresponsible / irresponsible bid are not sufficient but Bidding is not fully compliant. The Company / Applicant had tendered for some projects to submit bid security at 2% of the estimated cost of the projects mentioned in the tender notice NHA that the bid security was in accordance with the instructions provided in the tender documents. Had to be 2% of the bid price and not 2% of the estimated cost of the project, thus the bid offered by the company lacked security and could not be accepted The company said there was no guidance in the tender documents. It was not available whether the bid security was to be 2% or not at cost or by the bidder. 2% of the bid price offered or 2% of the bid price Security was not specified in both the security terms, ie bid price or bid price, so there was no ambiguity in the bid document. That the NHA Act should not be prejudicial for not clearly drafting tender documents. The difference between the bid security and the bid protection 2% bid submitted by the company at 2% of the company's estimated cost that should have been reported in accordance with the NHA was (only) 1,876. On the other hand, the company was the lowest bidder and the difference was its bid and the next lowest bid was about Rs 35 million in the NHA.
Related judgments — Lahore High Court Lahore, 2015
