| Case ID |
053030ba-36f4-4251-865e-81e5d593dcee |
| Body |
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| Case Number |
Miscellaneous Appeal 03 of 2021 |
| Decision Date |
Jun 03, 2021 |
| Hearing Date |
Apr 14, 2021 |
| Decision |
The Sindh High Court dismissed the appeal filed by Jiangsu Dajin Heavy Industry Co. Ltd. against the Port Qasim Authority regarding the disqualification of their technical bid in the tender process. The court held that the procuring agency was within its rights to require bid security and form an appropriate evaluation criterion as per the Public Procurement Rules, 2004. The appellant's claim that the evaluation criteria were unfair was rejected, as they had participated in the tender process knowing the requirements. The court emphasized that any challenge to the terms of the tender was too late and that the agency's actions were justified under the law. |
| Summary |
In the case of Jiangsu Dajin Heavy Industry Co. Ltd. vs. Port Qasim Authority, the Sindh High Court addressed the issue of public procurement laws, specifically focusing on the evaluation criteria set forth in the Public Procurement Rules, 2004. The appellant, Jiangsu Dajin Heavy Industry, participated in a bidding process for the supply of pilot boats and tugs but was disqualified due to non-compliance with the technical evaluation requirements, primarily the lack of a local bank guarantee. The court upheld the procuring agency's right to impose such conditions, stating that all bidders must adhere to the established rules. The decision reinforced the importance of transparency and compliance in public procurement, ensuring that all parties understand the terms before bidding. This case highlights the critical nature of technical qualifications in procurement processes, emphasizing that financial offers alone cannot substitute for meeting the specified criteria. The ruling serves as a precedent for future procurement disputes, clarifying the boundaries of judicial review in such matters. |
| Court |
Sindh High Court
|
| Entities Involved |
PORT QASIM AUTHORITY,
JIANGSU DAJIN HEAVY INDUSTRY CO. LTD.,
SANMAR SHIPYARDS
|
| Judges |
MOHAMMAD SHAFI SIDDIQUI
|
| Lawyers |
Zaheerul Hassan Minhas,
Hussain Ali Almani,
,
Asfandyar Jahangir
|
| Petitioners |
JIANGSU DAJIN HEAVY INDUSTRY CO. LTD.
|
| Respondents |
,
PORT QASIM AUTHORITY (PQA),
SANMAR SHIPYARDS
|
| Citations |
2021 SLD 2655,
2021 CLC 1931
|
| Other Citations |
Central Coalfield Limited v. SLL-SML (Joint Venture consortium) AIR 2016 SC 3814
|
| Laws Involved |
Public Procurement Rules, 2004
|
| Sections |
25,
29,
36,
48(5)
|