It appears that in view of the decision of the Review Panel and the regulation 31(12) of Public Procurement Rules there is no scope to accept the bid in compliance with any direction to execute contract in the matter with the respondents as directed by the High Court Division. The impugned Judgment and Order by the High Court Division making the Rules absolute are set-aside. Chittagong Water Supply & Sewerage Authority (CWASA) vs EPI-BFEW Consortium 16 BLC (AD) 9.

Public Procurement Regulations r/w
Public Procurement Rules, 2003
Regulations 6.1(d), 53
Re-tender– As purchase committee is the highest Authority which upon considering the above fact has decided to re-tender inasmuch as per regulation 53 of the said Rules it appears that the decision of the Review Penal appears to be beyond its jurisdiction.
The Central Committee of Government Purchase after examining the tender document found serious deviations of both the DCL SBA and EPI-BFEW for which any decision of Central Committee of Government Purchase will not prejudice for proceeding to re-tender of such project as the EPI-BFEW is also entitled to participate in the re-tender process. Moreover, the decision of the Review Panel is neither mandatory nor binding upon approving authority as per Public Procurement Rules, 2003. The approving Authority is fully empowered for directing to invite the tender as per regulations 6.1(d) of the Public Procurement processing and approval procedures.
The appeals are allowed without any order as to costs. The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside. …Chittagong Water Supply and Sewerage Authority (CWASA) =VS= EPI-BFEW Consortium, (Civil), 2020 (1) [8 LM (AD) 303] ....View Full Judgment