SMS INFRASTRUCTURE LIMITED Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE respondent-NDMC has floated tenders for developing 'Multi Level Parking-cum-Commercial Complex ' at Baba Kharak Singh Marg, New Delhi. Bids from eligible persons are invited thereby. These bids are in the form of 'Request for Proposal ' (RFP). Liberty is given to the bidders to opt for Fully Automatic Parking System ' or 'Semi Automatic Parking System ' or 'Manual System '. The main purpose of the project is to achieve maximum "Net Equivalent Car Space " (ECS). RFP envisages proposal evaluation in three stages. In stage one the proposal is to be first checked for responsiveness with the requirement of the RFP with reference to 'other submissions of the proposal ' submitted by the bidders. In the second stage technical evaluation of the bids is to be undertaken. This evaluation is to be done only in respect of those bidders whose 'other submissions ' qua stage one are found to meet the requirements of the RFP i.e. stage one is found to be responsive in terms of the requirement under Clause 1.2.1 of the bid documents. In case technical submissions are found to meet the requirements of RFP, the bidders proposal would be evaluated at stage three, namely, 'Techno Commercial '. Based on the basis of this process of evaluation, the bidder who emerges triumphant is to be awarded the contract. The petitioner herein is one of the aspirants for this contract and, therefore, it submitted its bid. However, the petitioner is knocked out at stage two as according to NDMC it is found that petitioner 's bid is not responsiveness with the requirement of RFP. The submission of the petitioner is that its bid was in accordance with the tender conditions and satisfy the technical parameters and evaluation criteria set out in the RFP documents issued by the respondent and, therefore, the action of the respondent in not allowing the petitioner to stage two by not even opening its techno commercial bid is arbitrary. We may point out at this stage itself that as per the evaluation standard and norms fixed for stage two, evaluation benchmark score of 75 marks was fixed for moving on to stage three evaluation. According to the respondent the petitioner has not been able to achieve this benchmark. In order to appreciate the controversy, basic facts and the relevant provisions of the RFP need mention with some elaboration. We, therefore, propose to do this exercise in the first instance:

(2.) THE Bid was required to be submitted in the prescribed format in terms of the Appendices to the RFP.

(3.) REQUEST for proposal document PPP Project to Develop Multilevel Parking cum Commercial Complex at Baba Kharag Singh Marg, New Delhi Schedule 2 Construction Requirements 1. Construction Requirements for Parking Facility 1.1 General