D.D. BUILDERS LIMITED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) M/s. D.D. Builders Limited, a company incorporated under the provisions of the Indian Companies Act, 1956, by way of this writ petition, petitioner herein, has called in question the rejection of technical bid by the respondents herein (during techno commercial evaluation) submitted pursuant to issuance of e-tender notice inviting tender dated 3-11-2016 on the ground that the same is incomplete and not fulfilling to the NIT requirements.

(2.) The essential facts requisite to judge the correctness of the plea raised at the Bar are as under: -

(3.) Respondents No.2 and 3 invited notice inviting tender No.08/SAC/2016-17, Dhamtari for Earth Work and C.C. Lining of Pairi Left Bank Main Canal from RD 0 to 1250 M., Reconstruction of 18 No. Masonry Structures and Repair of 25 No. Masonry Structures, C.C. Lining of 33 No. Distributory and Minors and Reconstruction and Repair of 13 No. Masonry Structures and Construction of Culaba of Pairi Left Bank Canal System in Dhamtari District. The estimated amount of contract was ? 2456 lakhs and time allowed for completion was 24 months from the date of issuance of work order (including rainy season). The NIT was issued on 3-11-2016. The tenderers were required to submit their tender by 21-11-2016. The bids have to be submitted in three fold viz., EMD (Earnest Money Deposit), technical bid and price bid. Submission of tender should be in three separate sealed envelopes marked as Envelope "A", Envelope "B" and Envelope "C". The Prequalification Document (Envelope - "B") is also annexed with the NIT as Part-II which also provides for Eligibility and Qualification Requirements. Clause 3.2 of the Prequalification Document states that the contractor has to submit on-line 'Pre Bid Qualification Certificate' issued from the office of the Engineer-in-Chief, Water Resources Department, Sihawa Bhavan, Civil Lines, Raipur in Annexure-II and details of balance works in hand in format given in Annexure-III. The date fixed for opening of tender is 24.11.2016 at 11.30 hours and all the bidders were allowed to remain present during the course of opening of tender. As per clause 3.4 of the tender documents, details of work in hand are required to be given in prescribed form in Annexure-III (at page 51 of the petition). Note appended to the said prescribed proforma states that certificate of work executed and work in hand submitted by the bidder shall be certified by the officer not below the rank of Executive Engineer.