PRAYAG CONSTRUCTION Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) UNDISPUTEDLY , as per the condition No. 4.4.A of the Instructions to Bidders, every bidder must have satisfactorily completed, as prime contractor, at least similar work equal in value half of the estimated cost of work (excluding maintenance cost for five years) for which the bid is invited; Cost of present work is Rs. 4.67 crore; As per Annexure No. 6 (experience certificate of the petitioner), the petitioner has completed construction work of the road of Rs. 2.86 crore; Rs. 2.86 crore is more than fifty per cent cost of the work in question.

(2.) TECHNICAL bid of the petitioner was rejected on the ground that the petitioner did the work of Rs. 2.86 crore for construction and maintenance, therefore, amount of Rs. 2.86 crore cannot be considered for the construction work only, therefore, the petitioner cannot be said to have completed construction work of fifty per cent of the cost of present work.

(3.) MR . A.K. Joshi, learned Additional Chief Standing Counsel countered with Annexure No. 6 could not explain as to why Rs. 2.86 crore was treated for construction as well as for maintenance of the road in view of the fact that as per the Annexure No. 6, Rs. 2.86 crore was for the construction of the work till 24.5.2010 out of total value of contract of Rs. 3,00,53,435/ -.