Law: Sindh Public Procurement Rules, 2010

Section: 15-A,17

(a) Sindh Public Procurement Act (IV of 2009)--- ----Preamble---Sindh Public Procurement Rules 2010, Rr. 15-A & 17---Public notice inviting Expression of Interest (EOI) for development of a project---Contents of notice---Question was as to "whether the notice met the requirements of Sindh Public Procurement Act, 2009 and Sindh Public Procurement Rules 2010"---Impugned notice was admittedly published in various newspapers of wide circulation and had also been uploaded on the website of the concerned Government department---Said notice not only gave details of the project for which expression of interest (EOI) had been invited but also gave sufficient details about the places from where EOI documents could be obtained---Notice clearly specified that only those parties which demonstrated experience of power plant projects (construction and management), were financially sound and had annual turnover of amounts in excess of Rupees 1000 million would be eligible---Prequalification process was to be conducted and only those who were pre-qualified would be entitled to receive Request for Proposal (RFP) documents on the basis of which they would be able to participate in the bidding process for the project---Last date for submission of EOI was clearly provided and it was clearly stated that documents received after the deadline shall not be entertained---Contents of the EOI notice clearly showed that it did not prima facie violate the requirements of Sindh Public Procurement Act, 2009, and Sindh Public Procurement Rules, 2010---Petitioner-company neither fulfilled the technical nor the financing criteria provided in the notice, and it also had no experience of power generation, transmission or investment in power projects---Memorandum of association of the petitioner-company showed that power generation or investment in power generation projects was not one of the stated objects of the company---No evidence was submitted on record that may give any indication about the paid-up capital, actual business, financial resources or financial health of the petitioner-company---Case record also showed that the petitioner did not submit EOI documents on or before the deadline…

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