M P TELELINKS Vs. BSNL LIMITED

JUDGEMENT

(1.) This Judgment shall dispose of C.W.P. 5773/2001, 1005/2002 and 2099/2002.

(2.) The respondent-Bharat Sanchar Nigam Limited (for short the BSNL) floated a Tender Enquiry No. MM/SW/032001/00020 dated 27th March, 2001 for procurement of 441 lac Conductor Kilometers (LCKM) of PIJF Telecom Cables. There were 36 different sizes of the aforesaid cable which were tendered for by the 1st respondent, the bidders were required to bid for the same separately in the form of a table prescribed in Part-11 of Schedule-VII of the tender document The petitioners in C.W.P. Nos.5773/2001, 1005/2002 and 2099/2002 were amongst the bidders. The conditions of tender required vendors to be evaluated and ranked according to a vendor rating formula, prescribed. This was done separately for each of the 36 sizes of the cables for which tenders were Invited. The vendors rating to be accorded by the 1st respondent to each bidder was calculated as per the formula specified in clause 19.1 of Section 4 of the Special Conditions of tender. The formula for determination of vendor rating was as under :

(3.) Under the aforesaid formula of "Vendor Rating" for evaluation of bids. it is not necessary that a bidder who quotes the lowest price (LI price) for a particular size of cable would become automatically entitled to maximum orders or any orders. This is because the price quoted by a bidder has only 60% welghtage. The Delivery Rating of the bidder calculated on the basis of the previous delivery performance of the bidder was given 30% welghtage and therefore become critical In determining the ranking (Vender Rating) of the bidder for the purpose of placement of order by the respondent.