GVPR ENGINEERS LIMITED Vs. BHARAT HEAVY ELECTRICALS LIMITED,

JUDGEMENT

(1.) The petitioner herein is one of the participants in the tender invited by the first respondent vide notification dated 29/10/2018, for the work Engineering , Procurement, supply and construction of onshore/offshore civil, structural and architectural works for sea water intake and out fall system of the proposed thermal power plant project of the second respondent at Udangudi, Tiruchendur Taluk, Tuticorin District, Tamil Nadu. Though the petitioner has fulfilled the technical qualification criteria both in terms of 'description of work' as well as 'contract value' as stipulated in the Tender Document, the price bid submitted by the petitioner was not opened. On 14/05/2019, the petitioner sought reason for not opening his price bid. On 15/05/2019, the first respondent replied that the petitioner has not met the pre-qualification criteria specified under clause E (Approval of Customer) in the Notice Inviting Tender (NIT).

(2.) Through the officials of the first respondent, the petitioner has learned that the first respondent (contractor) after being satisfied with the fulfilment of tender qualifications, has forwarded 6 bids to the second respondent (customer) . The petitioner bid was one among them. The second respondent had consulted some other consultants and rejected 3 bids including the petitioner's bid. The petitioner learnt from reliable sources that the second respondent has rejected 3 bids to favour the 3rd respondent and to avoid reverse auction option which is inevitable, if there are more than 3 bidders.

(3.) The rejection of the petitioner bid without assigning reasons and refusal to open his price bid despite fulfilment of the technical conditions stipulated in the notice inviting tender bristles with arbitrariness and lack transparency. Hence, it warrants interference of the Court in its extraordinary jurisdiction.