DSPC ENGINEERING PVT. LTD. Vs. MECON LTD

JUDGEMENT

(1.) The issue that arises for consideration in this writ petition under Article 226 of the Constitution of India is: Whether the policy decision of the Government of India, which requires that any bidder from a Country which shares land border with India should register with the Competent Authority, is attracted in the case of the petitioner. The above issue arises for consideration in the following background:

(2.) The petitioner company is registered with the Registrar of Companies, Delhi, also having registration under the Micro, Small and Medium Enterprises Development Act, 2006. It carries on its business of executing contracts for installation of pipelines for oil and gas sector in India, for Indian Oil Corporation Limited. The case of the petitioner is that the respondent namely, Mecon Ltd. - which is a project management consultant of GAIL India Limited, issued an advertisement inviting bids for E-Tender No. 8000016825 for laying pipeline, and associated works of 36" Inches x 112.500 km under Dhamra-Angul Pipeline Project of JagdishpurHaldiaBokaro- Dhamra Pipeline Project (JHBDPL) PH-II, on or about 02.07.2020. The tender work was split into 3 Sections, namely Section I, II and III. The petitioner submitted its bids for Section II, with which we are concerned.

(3.) The case of the petitioner is that Section II of the invitation to bid, "Clause A", relates to Technical Criteria. It, inter alia, lays down the Experience Criteria. Admittedly, the petitioner claimed technical competence to offer its bid by relying on the Explanatory Note (iii) to Clause A in the Technical Criteria. Since the same is relevant, we reproduce the Technical Criteria contained in Clause A, as well as the "Note to A" which reads as follows: