RKEC PROJECTS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The above writ petition is filed to declare the action of respondent No.2 in disqualifying the technical bid of the petitioner vide online rejection dtd. 31/7/2024 in relation to the tender issued vide RFP No.CPMGSUWATEN GG20203012 dtd. 29/12/2023 as illegal and arbitrary.

(2.) The averments in the affidavit, in brief, are that RKEC Projects Limited - YFC Projects Pvt. Ltd., entered a joint venture to take part in a tender floated by respondent No.2 vide RPF No.CPMSUWATENGG2023012, dtd. 30/12/2023, inviting bids for the major upgradation of Visakhapatnam Railway Station, Visakhapatnam, Andhra Pradesh, on EPC Mode. Both companies were incorporated under the Companies Act. The petitioner is a construction company with vast experience in executing marine structures, bridges, buildings, and electrical and firefighting projects. YFC Projects Private Limited is a private limited company that is a turnkey EPC Contractor, executing projects all over India in the line of Highway, Metro Rail, Indian Rail, buildings, etc. Eight bidders participated in the tender process. Respondent No.2 adopted a single two-packet system for the selection of a bidder for the awarding of the project. The first part is the technical bid, and the second part is the financial bid.

(3.) Respondent No.2 filed a counter-affidavit. It was contended, inter alia, that the tender was floated for the work of major upgradation of Visakhapatnam Railway Station, which is a national infrastructure project. The proposed work, to be undertaken under the subject tender, is :