SIEMENS AKTIENGESELLSCHAFT Vs. DELHI TRANSCO LIMITED

JUDGEMENT

(1.) THE question we are required to consider is whether Delhi Transco Limited (for short DTL) is entitled to reject the Petitioner's bid for the award of a contract for the design, engineering, manufacture, transportation to site, insurance, storage, erection, testing and commissioning of a 220/33kv GIS sub-station package at AIIMS (Trauma Centre), New Delhi. Our answer is in the affirmative. The consequence of this is that DTL is also entitled to forfeit the bid security submitted by the Petitioner.

(2.) ON or about 13th October, 2006 DTL invited international bids for the award of a contract for the design, engineering, manufacture, transportation to site, insurance, storage, erection, testing and commissioning of a 220/33kv GIS sub-station package at AIIMS (Trauma Centre), New Delhi. The bid was in two stages, the first being a techno-commercial bid consisting of ten un- priced schedules and the second being the price bid. We are really concerned with schedules 1 and 7 of the techno-commercial bid as well as a few clauses of the bid documents.

(3.) AT this stage, it is necessary to appreciate the salient features of schedules 1 and 7 of the techno-commercial bid, since the controversy centres around the contents of these two schedules.