The Supreme Court on Tuesday upheld Lahore High Court (LHC) decision and turned down a plea by M/s Power Construction Corporation of China, seeking to consider its name in bidding process in award of Dasu Dam main civil works (MW-01 and MW-02) of Stage-1 contract.
Wapda had invited sealed bids from eligible bidders for construction of civil works of Stage-I of Dasu Dam project to which, pre-qualification of M/s Power Construction Corporation China and another Chinese company were finalised. However, the Power Construction Corporation alleged that Wapda has barred it from taking part in the bidding process on the dictation of the World Bank
M/s Power Construction Corporation China had challenged Wapda's decision to oust the Corporation from the bidding process for awarding contract of Dasu Dam main civil works project. A single-member bench of LHC had dismissed the Corporation plea on grounds that it lacked jurisdiction to hear the petition. However, the Corporation filed an appeal before the Supreme Court against LHC verdict.
Appearing on behalf of the Corporation, former Attorney General for Pakistan Salman Aslam Butt contended that during 14 hearings before the court there was no justification to reject his client company's name from the list of pre-qualified bidders. Butt said that the World Bank should provide a 10 percent fund in addition to five percent partial credit guarantee for the benefit of Wapda in the project. He repeatedly pleaded that Wapda should not exercise its power under the directions of International Development Association (IDA), terming it whimsical and arbitrary and a violation of the due process of the law. He said that Wapda had dismissed his client's name from the bidding process on the directives of the World Bank and said Wapda is not bound to act upon the recommendations of the Bank against the municipal law.
Butt categorically said that there can be condition but Pakistan has to look at whether the conditions are according to constitution and municipal law. Responding to the bench query, Butt said that Section 5 of PPRA Ordinance, 2002, has been violated during the bidding process of the project. After hearing both the parties, the bench dismissed the appeal of the Corporation, saying it would announce a detailed judgement later.
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