ANCHOR STRUCTURALS Vs. KERALA STATE ELECTRICITY BOARD LTD

JUDGEMENT

(1.) The petitioner who is an A Class Civil Contractor is before this court aggrieved by the arbitrariness and impropriety committed by the 2nd respondent in altering the BOQ of the bid/tender by issuing a corrigendum shortly before the last date for submission of tenders, which has prejudiced the bidders of their rights in the final selection process.

(2.) The petitioner states that the 2nd respondent-Chief Engineer (SC&M), KSEB Ltd. issued Ext.P3 tender notification inviting on-line tenders for manufacture and supply of pre-stressed concrete poles (PSC Poles) to different Electrical Circles under the respondents 1 and 2. The Sl.No. 45.0 of the original Bill of Quantity (BOQ) was for manufacture and supply of 8m 200 Kg PSC Poles to Electrical Circles Shornur, Tirur, Vadakara, Palakkad, Nilambur, Manjeri, and Kozhikode. The Sl.No.46.0 was for manufacture and supply of the same material at Kannur, Kasaragod, Srikandapuram and Kalpetta.

(3.) The petitioner has a production unit at Palakkad and hence the petitioner submitted tender for Sl.No.45.0 alone. The technical evaluation bid was opened on 06.10.2021 and the petitioner was declared technically qualified. After the opening of price bid, the petitioner was eligible to be declared as L3. On 08.10.2021, the petitioner was served with Ext.P5 communication requiring to state their rock bottom rate for North Malabar Region. The petitioner submitted Ext.P6 reply dated 11.10.2021.