ASHWANI GARG Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) This petition concerns nine Notices Inviting Tender [hereinafter referred to as "NIT"] dated 06.09.2018, issued by the respondent [Government of NCT of Delhi] for the construction of additional classrooms in various schools.

(2.) The petitioner submitted his bid pursuant to the NIT on 29.09.2018. The respondent rejected the technical bid of the petitioner on the ground that it had failed to score minimum marks in the "Time Over Run" criteria (explained in greater detail herein below). The petitioner represented to the respondents vide letters dated 02.11.2018 and 05.11.2018. The lack of a satisfactory response has led to the present proceedings.

(3.) The tender was open to contractors enlisted in the appropriate category by the Central Public Works Department [hereinafter referred to as "CPWD"] as well as those not so listed. The petitioner being undisputedly not enlisted in the appropriate category, Clause 1.2.1(a) required establishment of its past performance in the following manner: