I was wondering why Swiber's shares slumped recently despite the contract wins. Turns out Swiber is withholding information from retail investors.
http://news.in.msn.com/business/article.aspx?cp-documentid=5133450
22/04/2011
Swiber moves SC against High Court setting aside its ONGC bid
New Delhi, Apr 21 (PTI) Singapore-based Swiber Offshore Construction today approached the Supreme Court, challenging the orders of the Bombay High court which set aside the USD 125 million contract awarded to it by the country''s largest oil producer ONGC
Swiber Offshore''s petition was mentioned before a bench of Justice V S Sirpurkar and Justice T S Thakur contending that its was the most suitable bidder for the project.
The court asked to list the matter for hearing on Monday.
ONGC had floated a USD 125 million tender for laying a 116.5 km-sub-sea pipeline off the western coast of India and was awarded to the Singapore based firm. It is a part of USD 1.3 billion project taken up by ONGC.
However, the decision was challenged by other bidders including Punj Lloyd Ltd in the High Court. They contended that while awarding the tender, ONGC had ignored some benefits offered by it on price preference.
On April 6, 2010, the court set aside the contract awarded to a consortium led by Swiber Offshore along with Sime Darby of Malaysia.
Major infra companies like L&T, Punj Lloyd and Leighton had participated in the bidding.
The High Court division bench observed that the PSU had declined the price preference to Punj Lloyd merely on the ground of non-submission of a statutory auditor''s certificate in the bid documents.
The court called it "totally unacceptable and arbitrary."
Swiber was the lowest bidder at USD 124.86 million, while Punj Lloyd had mentioned USD 131.32 million.
As per the terms and conditions of the bid, Indian firms were to submit auditor''s certificate along with their price bids in a specific folder in order to take advantage of price preference.
Domestic firms were to given 10 per cent price advantage over foreign firms, provided they execute more than 50 per cent of the project themselves.
Punj Lloyd had, however, submitted it in a separate folder, which resulted in its disqualification from availing price preference over the Swiber consortium.