MRT SIGNALS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The respondent no. 2 (West Central Railways), on August 31, 2023, issued a Notice Inviting Tender (NIT) for Automatic Block Signalling. The last date of submission of bids was October 16, 2023.

(2.) By Notification No. 2018/CE-I/CT/36-EPC Contract Policy Pt-I dated October 11, 2023, the Ministry of Railways, Government of India brought Amendment No. 5 to Standard Engineering Procurement Contract Tender Document (EPC) for single stage two packet system, thereby introducing certain amendments to the clauses regarding technical capacity. Admittedly, the petitioner no. 1 became eligible for participation in the tender only by virtue of such amendment. Accordingly, the petitioner no. 1 uploaded its technical and financial bids on October 15, 2023, one day prior to the closing of the bid submissions.

(3.) On March 19, 2024, an e-mail was sent to the petitioner no. 1 by respondent no. 3 intimating that the technical bid of the petitioner no. 1 was found technically unsuitable due to the same being non-responsive as Appendix IB was not submitted and the Request For Proposal (RFP) Clause 2.2.2.1(ii) was not satisfied. Challenging the said rejection, the present writ petition has been filed.