PITTI ENGINEERING LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a non-MSME Developmental Vendor which participated in a tender floated by the respondent-Authorities for supply of motor suspension units for WAG-9 and WAP-7 LOCO. Under Clause 4 containing the "Eligibility Conditions" of the tender document, Serial No. 2 of the "Special Eligibility Criteria" stipulates that offers of development vendors appearing in UVAM can be considered for order up to 20 per cent of Net Procurement Quantity (NPQ) whereas Serial No. 1 provides that the CLW, that is, the tender issuing authority reserves the right to procure entire or bulk quantities (minimum 80 per cent of NPQ) from CLW-approved vendors. It is relevant to mention that the petitioners are Class-I nonapproved local vendors.

(2.) Again, under the "Special Conditions" of the tender document, Serial No. 1 provides that MSE bidders whose bids are technically suitable and quote a price within price-band of L-1 + 15% shall be allowed to supply a portion of the requirement by bringing down their price to L1 price. Such MSEs can be together ordered up to 20 per cent of NPQ.

(3.) It is argued by learned senior counsel for the petitioner that in contravention of the said provisions, the entire orders of developmental vendors (up to 20 per cent of NPQ) has been allocated in favour of the private respondent which is an MSE unit. By relying on Annexure P-15 at page 161, it is pointed out that after allocating 80 per cent of the orders to two bulk vendors, the rest 20 per cent in its entirety has been allocated to the private respondent, which is a developmental vendor on otherwise equal footing as the petitioner apart from the fact that the private respondent is an MSE unit.