RAIPUR CONSTRUCTION PVT LTD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Declaration of respondent No.4 as successful bidder being LI in the tender proceedings initiated by respondent No.2 made the petitioner to approach this Court by way of filing this writ petition.

(2.) Facts necessary for disposal of this petition, in brief, are that respondent No.2 issued Tender Notification bearing No.405/Project/RMC/2020 dated 31.8.2020 inviting tenders for construction and beautification of Awanti Vihar Garden and Pond situated at Telibandha in Municipal Corporation, Raipur. Total value of tender was Rs.1256=10 Lakhs. As per tender notification, bid start date was 13.8.2010. Pre-bid meeting was fixed on 10.9.2020 at 12.00 noon. Bid due date, on-line submission, was 22.9.2020 upto 17.00 hrs. Physical document submission end date was 29.3.2020 upto 17.00 hrs. Date of opening of Technical bid was 23.9.2020 at 17.30 hrs. On 11.9.2020 respondent No.2 had issued first corrigendum notification, whereas second corrigendum notification was issued on 21.9.2020 and submission of physical documents was rescheduled on 01.10.2020 till 5.00 p.m. In the aforementioned tender proceedings, four interested participants submitted their bids. On 6.10.2020 the techno commercial bids were opened, the petitioner and respondent No.4 were found eligible for opening of their price bids. Upon opening of price bids on 3.11.2020, respondent No.4 appeared as 'L1' and petitioner as 'L2'. On 9.11.2020 the petitioner submitted objection before respondent No.2 stating therein that respondent No.4 does not fulfill terms and conditions of tender notification. When the objections raised by the petitioner have not been decided by respondent No.2, the petitioner has filed instant petition with following reliefs:-

(3.) Petitioner in writ petition has pleaded that bids are to be submitted on-line by the participants. Respondent No.2 in the tender document has specified several qualifications for being eligible to participate in the financial bid. Respondent No.4 does not fulfill as many as eight pre-qualifications enumerated in the tender document. In support of pre-qualifications, the bidders are required to on-line submit their supporting documents. Respondent No.4 submitted its bid but does not fulfill all pre-qualification criterion and other mandatory terms, that are eligibility criteria fixed under Clause 2 Eligibility Criteria / Clause 2.7 (f), Clause-3 Pre qualification Criteria / 3.4 (vii); Clause 3.2 (Technical Criteria), Clause-2 Eligibility Criteria/2.2; Clause3 Pre-qualification Criteria / Clause 3.4 (i); Clause-2 Eligibility Criteria, Clause 2.4; Clause 2.7 (i) & (j), Clause 2.7 (k) of the tender document. It was further pleaded that action of respondent No.2 in relaxing essential terms and conditions forming part of tender document, is per se illegal and arbitrary. Respondent No.4 does not fulfill eligibility and essential qualifications, not having resources and despite deficiencies, respondent No.4 has been declared successful bidder. Under Clause (2) of Pre-qualification Criteria if lowest bidder is found to be disqualified, the respondent Corporation is having right to consider second lowest bidder, hence the petitioner is having right to get the award of contract.