MACPOWER CNC MACHINES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail the Summary of BidEvaluation of Package 41 dated 05.06.2020, whereby the petitioner's technical bids in respect of Lots 4,5 and 6 of Package 41 have been held to be "technically non-responsive but commercially responsive" and, consequently, the tender in question has not been awarded to the petitioner, despite the petitioner being the lowest bidder in respect of the said Lots. The petitioner seeks a direction that it be declared technically responsive in respect of its bids for Lots 4,5 and 6, and for a direction that the respondents should award the tender to the petitioner in respect of Lots 4, 5 and 6. The petitioner has sought certain other reliefs consequential in nature to the main reliefs sought by it, as aforesaid.

(2.) The case of the petitioner is that the petitioner company is a reputed and one of the fastest growing Computer Numerical Control (CNC) Machine manufacturers in India. The petitioner claims that it is positioned at Number 1 amongst the top 5 manufacturers. The petitioner states that it has successfully delivered and commissioned various kinds of CNC machines to Government PSUs like DRDO, HAL, ISRO, CIPET etc. The petitioner manufactures CNC Turning Machines for purposes of training at heavy duty training centers, CNC Turnmill center with 5 Axis with Sub spindle, Vertical Turret Lathe (VTL), Vertical machining center (VMC), Horizontal machining center (HMC) and CNC grinding centre. The petitioner states that it has successfully bid for various projects, and has been awarded several projects by the Government in the past. The petitioner claims to have supplied approximately 5,000 machines till date in various industry segments such as Automobiles, Agriculture, Plastics, Defence, Heavy engineering, Tool Room, Education, Aeronautics etc. The petitioner has been granted the Highest Credit Worthiness rating by CRISIL of MSEI.

(3.) The petitioner states that the Government of India received financing from the International Bank for Reconstruction and Development (IBRD) in the form of a loan to meet the cost of a project called Technology Centre System Programme (TCSP). The Office of the Development Commissioner (MSME), Ministry of MSME, Government of India (which is the respondent) is the implementing agency for the project. A portion of the proceeds received from IBRD was intended to be utilised for making payments under the contracts, for which the respondents invited bids. The respondents issued an online General Procurement Notice for the aforesaid project on 07.07.2014, and the same was published on UNDB.