NANDKUMAR INFRASTRUCTURE LLP Vs. SUPERINTENDENT ENGINEER

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is heard finally.

(2.) Petitioner has filed the present Petition challenging the decision of Respondent No.2 rejecting its bid thereby refusing to consider its financial bid in the impugned tender process. The Petitioner has also challenged the decision of Respondent Nos. 1 and 2 in declaring Respondent No.4 as the successful bidder.

(3.) Brief facts leading to filing of the Petition are that Respondent Nos.1 and 2 issued Tender Notice dtd. 23/8/2024 for execution of Road Maintenance Work on NH-965D at estimated cost of Rs.3,22,63,404.00. Petitioner submitted its bid in pursuance of the Tender Notice. After completion of technical scrutiny of the bids, Petitioner's bid was rejected as 'non-responsive' on the ground that it failed to submit notarized business transfer agreement. Petitioner's bid was rejected as non-responsive vide scrutiny sheet dtd. 23/9/2024 by citing various reasons such as failure to submit legal document showing relationship between the Petitioner and M/s. Nandkumar Constructions, non-certification of annual turnover by statutory auditor, non-submission of bid capacity in prescribed format, non-attachment of document of Plant Engineer and Quality Surveyor etc. Petitioner made representation dtd. 23/9/2024 and submitted the relevant documents. It appears that the meeting of the Evaluation Committee was held on 3/10/2024 and by communication dtd. 4/10/2024, the Petitioner was informed that its bid was rejected as non-responsive for failure to submit notarized Business Transfer Agreement. Petitioner has challenged the rejection letter dtd. 4/10/2024 in the present Petition. By its representation dtd. 4/10/2024, Petitioner submitted a copy of the Memorandum of Understanding for Business Transfer executed between the Petitioner and M/s. Nandkumar Constructions. Since the decision for disqualifying the Petitioner is not recalled, it has filed the present Petition challenging the communication dtd. 4/10/2024 as well as seeking disqualification of Respondent No.4. By order dtd. 10/10/2024, this Court directed that work order pursuant to the subject tender, if issued, shall not be acted upon.