The private sector in Pakistan is much smaller than the public sector. The procurement of big-ticket items invariably involves the public sector. Any procurement by the government or a public sector entity is to comply with the public procurement laws, regulations and the practices approved by the courts through the case law.
Public procurement constitutes a significant proportion of the economic activity in Pakistan. From petty purchases to large infrastructure projects – the spectrum of activities covered by public procurement law is very broad.
Although public procurement represents an important business opportunity, it entails inherent risks and great uncertainty. All significant public procurements are routinely challenged in courts either on grounds of transparency or their lack of adherence to public procurement laws.
The procuring agencies responsible for public procurement frequently face capacity issues. This often leads to mistakes in the procurement process that eventually result in the courts declaring them “mis-procurement”. At times there are transparency issues. It is therefore always advisable to involve a legal counsel at the initial stage of bid submission.
Khan & Associates’ public procurement team possesses unmatched expertise in all areas related to public procurement laws of Pakistan. The firm routinely provides support and assistance to the bidders on tender drafting, assessing invitations to tender, drafting questions for the procuring agency and reviewing the tender to ensure that all the mandatory legal requirements have been fulfilled. The firm also provides legal assistance to the successful bidders in negotiating and drafting contracts. Our practice also covers advising on public-private partnership projects.
The firm has represented clients in some of the most prominent litigations that arose out of public procurement laws and went up to the Supreme Court of Pakistan.