HCIL-HCLL (JV) Vs. UNION OF INDIA

JUDGEMENT

(1.) HCIL and HCLL (JV) a Joint Venture of M/s. Harish Chandra (India) Ltd. and M/s. Hardik Construction & Leasi'ng Ltd. and others have approached this Court questioning the validity of the decision dated 25th July, 2013 taken by the Tender Evaluation Committee constituted by the Chief Engineer (Construction), North Central Railway, Bhagirathi Building, Allahabad whereby the Pre -qualification Bid of petitioners have been rejected and further prayer has been made that the Pre -qualification Bid be accepted as responsive and their Techno -commercial Bid be considered and thereafter contract in question be awarded, accordingly, to the petitioners.

(2.) BRIEF background of the case is that Railways proceeded to float tender notice dated 25th April, 2013 inviting tenders for executing civil work of construction of road over bridge at NHAI Chainage 315142m Railway Chainage 4050m near Etawah on NH -2 Express Highway consisting of Reinforced Earth, Retaining Wall, RCC Boxes on approaches and construction of Railway span with RCC Boxes in connection with New BG Rail Line between Etawah and Mainpuri. In the top sheet of the tender documents approximate cost of the work was quoted as Rs. 33.81 Crore and the earnest money of Rs. 18,40,600/ - was required to be deposited by the bidder/tenderer. The last date/time of receipt of tender was stipulated upto 1500 hrs on 29.05.2013. The date of opening of tender was stipulated at 1530 hrs on 29.05.2013 in the office of Chief Administrative Officer (Construction), North Central Railway, Bhagirathi Building, Allahabad. The top sheet of the tender documents also proceeded to ask for as to when was the partnership constituted and deed executed, whether attested copies of partnership deed and power of attorney furnished with the tender and details were also required to be furnished and the working contractors were required to submit a list of works executed/now being executed by them with their value and agreement number with the tender and name and address of party to whom the tender sold was also liable to be disclosed. Tender form, first sheet also clearly proceeded to mention that the terms and conditions of tender attached has been read and the tenderer undertakes to abide by the said conditions. First Sheet in question is followed by Special Tender Conditions and Instructions to Tenderers.

(3.) THE Tender Bid shall be submitted in two copies. One sealed cover shall Contain Pre -qualification BID (Packet A). The packet A shall contain only details with respect to eligibility criteria, conditions, failing which the tender shall be rejected.