PAIDALA THIRUPATHI REDDY AND BROTHERS Vs. ENGINEER IN CHIEF ROADS AND BUILDINGS ADMINISTRATION AND N H ERRAMANZIL

JUDGEMENT

(1.) This writ petition is filed seeking a declaration that the action of the 2nd respondent in rejecting the petitioner's technical bid in respect of the work called 'Improvements to Nirmal - Apparaopet road from Km 14/0 to 24/700 in Adilabad District (Work in km 17/3 to 22/6)', is arbitrary and illegal.

(2.) The material available on record shows that the 1st respondent invited tenders for the work of Improvements to Nirmal to Apparaopet road from km 14/0 to 24/700 in Adilabad District (Work in km 17/3 to 22/6) vide e- CTN No. 3/CRF/DEF2/AEE2 (CRF) 09-10 dated 07.07.2009 on e-procurement platform. The estimated value of the contract was Rs. 2,74,00,468/- and the work was to be executed within a period of 15 months. The date of opening the technical bids was 25.07.2009 and the date of opening the price bids was 30.07.2009. Pursuant to the said notice, the petitioner as well as the 4th respondent herein submitted their bids. The technical bids were opened on 25.07.2009 at 4.30 P.M. and on evaluation of the same, it was found that the petitioner was not qualified as the bank guarantee furnished by him for Rs. 2,74,100/-towards Earnest Money Deposit (EMD) was not in the specified standard format. The price bids of the other tenderers, who had satisfied the qualification requirements specified under the bid document, including the 4th respondent, were opened on 01.08.2009 and the price quoted by the 4th respondent at 4.98% excess over the Estimated Contract Value, being the lowest was recommended for acceptance.

(3.) At that stage, the present writ petition has been filed contending that the action of the 2nd respondent in disqualifying the petitioner was arbitrary and illegal.