SANDER GEOPHYSICS LIMITED Vs. DEPUTY DIRECTOR GENERAL

JUDGEMENT

(1.) Though the petition is listed for considering IA- 2/2017 for vacating stay, keeping in view the observations made by this Court through the order dated 09.08.2017 while granting the interim order and on noticing that the entire issue lies in a narrow compass, I have heard the learned counsel for the petitioner as also the learned Additional Solicitor General with regard to the contentions as urged in this petition on merits and in that view I am of the opinion that the writ petition itself is to be disposed of through this order.

(2.) The petitioner has participated in the Global Tender issued by the respondent inviting for engaging Aero-Geophysical Survey Providers through the notice dated 07.07.2017. The petitioner is one among the Survey Providers who had participated in the said tender process. While taking note of Item Rate BoQ submitted by the petitioner, the respondents had found that the rate as quoted therein if actually considered as a quote in INR (Indian Rupee), the same would have been impracticable considering the nature of survey that was required to be made. In that light, the respondents had issued the communication dated 31.07.2017 (Annexure-R.1) to the petitioner. The petitioner through their reply dated 31.07.2017 have clarified the position that the quote as made by them is factually by quoting in US Dollar and the converted rate INR is required to be taken for the purpose of financial bid evaluation. The respondents had not considered such an explanation as putforth by the petitioner and it was indicated that their bid is not accepted. It is in that view the petitioner is before this Court in this petition seeking that the recommendation and the Financial Bid Summary be quashed and a direction be issued to the respondents to reconsider the financial bids of the petitioner by treating the values quoted by the petitioner in its price bid submission.

(3.) Learned counsel for the petitioner while seeking that the prayer made in the petition be granted in their favour would contend that the format as provided for quoting the Item Rate contains the column shown in INR against which the rate was to be indicated. The same appeared by default and there was no provision to alter the same. The tender document provided that the prices may be quoted in US dollars or in Indian Rupees. It indicated that the evaluation of price bids will be done uniformly in terms of INR with conversion rate to be used at RBI reference rates. In that light, it is contended that since the format by default provided INR and there was no option to change the same to US dollars, the price in dollars though indicated by the petitioner, the conversion could not have been made by them. It is in that light contended that even as per the tender document the respondents on taking note of the same ought to have taken the conversion value in INR for the purpose of evaluation. It is contended that the very fact that the respondents had addressed the letter dated 31.07.2017 indicating that the price at the rate quoted in INR would be impracticable would point to the fact that if the same was converted by considering it as US Dollars, the appropriate price could have been taken note by the respondents and a consideration could have been made.