SILPPI CONSTRUCTIONS CONTRACTORS Vs. UNION OF INDIA

JUDGEMENT

(1.) The captioned writ petitions are materially connected and filed by one and the same partnership firm, with regard to invitation of a tender by the respondents for construction of residential apartments to provide "Married Accommodation for Sailors" at Kochi. Therefore, I heard them together and propose to deliver this common judgment. Petitioner seeks direction to quash Ext.P7 order passed by the 2nd respondent dated 10th April, 2019, in the proceeding instituted by the petitioner against the rejection of technical bid submitted by the petitioner, as per Ext.P3 dated 28.03.2019, in a two bid system, on the ground "Does not meet the criteria", based on the circumstances put forth in Ext.P4 "work load return" that petitioner's sister concern was slow in a work executed at CE Chennai Zone and further that the contract awarded to the petitioner was cancelled in CE (NW) Kochi Zone. The facts and documents available from W.P.(C) No.12207 of 2019 are relied upon for the purpose of disposal of both the writ petitions, since they are materially connected. Brief material facts for the disposal of the writ petitions are as follows:

(2.) In response to an e-procurement Notice for the work of Tender for the "Provision of Deficient Married Accommodation for Sailors (96 MCPOs)at Kochi" and "Provision of Deficient Married Accommodation for Sailors (192 Leadings) at Kochi", having estimated cost of Rs.53 crores and Rs.72 crores respectively for the contracts in question, petitioner uploaded the competitive bids based on the Schedule of Quantities, Specifications and Technical Details of the work downloaded from the Military Engineer Services website and also sent a hard-copy in a separate sealed cover containing the Technical Bid along with two Demand Drafts, one for Rs.3,000/- in favour of the Garrison Engineer, Fort Kochi towards cost of tender, and the other for Rs.15 lakhs towards EMD in favour of the said Garrison Engineer respectively, against the tenders invited. Other documents are also produced in accordance with the requirements.

(3.) According to the petitioner, in Ext.P1, petitioner had indicated in brief the works executed by it and taken to successful completion and also indicated therein that the average annual financial turnover during the last three years ending 31st March, 2018 was Rs.34.14 crores, which was more than the amount of Rs.20 crores specified in the prequalification criteria in Appendix 'A' to the said Notice Inviting Tenders. After submission of bid, petitioner checked online about the bid opening at the office of the 2nd respondent on 15.03.2019 in order to ascertain the date of opening of bids for the above work, and then the petitioner noted that it had been opened and the evaluation of bids was on. Further, on 28.03.2019, the Technical Bids were seen to have been finalized vide Tender Summary Reports and found that its bid had not been considered, apparently based on the latest Work Load Return of "SS Class" Contractors for the quarter ending September, 2018, which had been uploaded on the MES website on 20.03.2019, in accordance with the letter dated 07.02.2019 from the Engineer-in-Chief, Military Engineer Services, New Delhi, evident from Ext.P4. It also appears that petitioner's tender for the above work could not be considered based on the comments issued in Appendix 'A' to the said letter dated 07.02.2019 in regard to two works that had been taken up by M/s. Silppi Realtors & Contractors Pvt. Ltd., a Private Limited Company in which some of the partners of the Silppi Constructions Contractors were Directors.