(1.) This Special Appeal is preferred against the order passed by the learned Single Judge in Writ Petition (M/S) No. 3572 of 2019 dated 22.11.2019. The appellant-writ petitioner herein invoked the jurisdiction of this Court questioning rejection of their technical bid.
(2.) Facts, to the limited extent necessary, are that the appellant-writ petitioner submitted their technical bid as a sole proprietary concern pursuant to the bids invited by the National Project Construction Corporation Ltd., a State owned Corporation, which undertakes civil construction works. The two stage bidding process consisted of evaluation of both the technical bid and the financial bid. Among the conditions of the technical bid was that the bidder must have undertaken works of atleast 50% of the cost of the present project i.e. for Rs. 427.78 lakhs. The appellant-writ petitioner (a sole proprietary concern) was hitherto a constituent of a Joint Venture called M/s Kunwar Constructions and M/s Balvinder Singh and Co, and had contributed 25% of the investment of the Joint Venture. They submitted their experience certificate including therein the works, executed by the Joint Venture, as their experience.
(3.) The respondents, however, added 25% of the experience in the Joint Venture, to the experience of the appellant-writ petitioner as a sole proprietary concern, and declared them unsuccessful at the technical bid evaluation stage on the ground that they did not execute works above Rs. 427.78 lakhs. The appellant-writ petitioner, however, contended that, notwithstanding their investment in the Joint Venture being limited to 25%, the entire experience of the Joint Venture should be reckoned in computing the minimum required experience to be successful at the technical evaluation stage; and if the experience of the Joint Venture is taken into consideration in its entirety, then they would fulfill the prescribed minimum experience of having executed works of more than Rs. 427.78 lakhs.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN