Congratulations are in order! The construction sector of Bangladesh is set to benefit tremendously from this Writ Petition in which Barrister Akhtar Imam, assisted by Barrister Reshad Imam challenged the vires of section 31(3) of the Public Procurement Act 2006 (as amended in 2016), read with a letter from the Central Procurement Unit of the Planing Ministry (CPTU), imposing a completely arbitrary and discriminatory criterion for evaluating bidders in tenders in the construction sector.
The case was filed on behalf of the Bangladesh Association of Construction Industry (BACI). We believe that bidders should have the freedom to quote as per their requirement, without being restricted to a range. After being found technically and financially responsive, bidders should not be selected based on an arbitrary criteria like the highest annual turnover, which clearly discriminates between small and big businesses, almost always depriving the small yet capable construction companies of the opportunity of getting the tender.
The Hon’ble Division Bench of Mr. Justice Moyeenul Islam Chowdhury and Mr. Justice Ashraful Kamal was pleased to issue a Rule Nisi on 11th February, 2018.