Procurement process of shipping tugs: SHC issues notices to ministry, KPT and PPRA

The Sindh High Court has issued notices to the Ministry of Maritime Affairs, the Karachi Port Trust and the Public Procurement Regulatory Authority (PPRA) on a petition seeking to declare null and void the procurement process of four ASD shipping tugs.

A division bench of the SHC, headed by Justice Muhammad Ali Mazhar, issued the notices for May 19, 2020 on a petition filed by Damen Shipyards Gorinchem B.V., one of the bidders for supply of four ASD shipping tugs (new and/or unused), each with 75 tons (minimum) astern sustainable bollard pull capacity.

The petitioner prayed the court to declare that KPT is acting in sheer violation of the applicable laws and procedures, especially PPRA Rules 2004 in disregarding the technical bid of the petitioner, without assigning any genuine/valid reasons and in complete violation of the evaluation criteria laid down in Clauses IB-16, IB-34, BDS-16 and BDS-34 of the tender/bidding documents in the procurement process of four ASD shipping tugs.

The petitioner also requested the court to declare that KPT is bound to act transparently, unbiased, while complying with all applicable laws, rules and procedures so as to ensure that the national exchequer does not suffer any loss and declare its action to invite the subject tender vide bidding documents which were not notified as per the mandate of PPRA Rules and further proceedings thereon in violation inter alia of Rule 36(b) thereof is absolutely illegal and unlawful.

The petitioner also pleaded the court to declare that the entire procurement process on the basis of the said unilaterally amended bidding documents amounts to misprocurement in line with Rule 48/50 of the PPRA Rules, 2004 and therefore, no further action should be taken in pursuance thereof.

The petitioner prayed the court to declare that the actions of KPT to disregard the stepwise procedure mentioned in Ground G is in violation of the applicable laws and amounts to abuse of power and authority, which is untenable under the law.

The petitioner also requested the court to direct the respondents in general and KPT in particular to immediately stop the process of awarding of the subject tender to any of the bidders and not to take any actions in this regard during the pendency of the instant proceedings.

The petitioner also pleaded the court to restrain the respondents in general and KPT in particular from taking any action in pursuance to the subject tender for "supply of four (4) ASD shipping tugs (new and/or unused) each with 75 tons (minimum) astern sustainable bollard pull capacity" under "Single Stage-Two Envelope Procedure' Clause No. 36(b) of PPRA Rule-2004 as amended" dated 12-09-2019.