N.C. HORE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner challenges a provisional work order dated 3 January, 2018 issued in favour of the petitioner excluding two items which had been mentioned in the tender but do not find place in the work order.

(2.) On 16 November, 2017, a notice inviting e-tenders was published by the State respondents, for the purposes of electrical installation work, shifting of sub-station at Diamond Harbour Electrical Section, PWD Office, Diamond Harbour District Hospital, South 24 Parganas, electrical installation work for a new sub-station and re-installation of an old sub-station at a new place. Significantly the tender was an item rate tender and was not an invitation for individual items. There was only "one work" to be executed for which there was stated only one serial number. It was "one work" comprising of 128 items. A prospective participant had to bid for only "one work" comprising of all the items. The item rate BOQ specifically contemplated 128 items and it was categorically recorded in clause 22 of the tender conditions that "conditional/incomplete tenders will not be entertained". All the items were put together under the NIT (Notice Inviting Tender) and the electrical installation work comprised of the "entire name of work" and head of accounts specified in the notice inviting e-tenders.

(3.) The total price quoted by the petitioner was Rs.122,21,961.00 which comprised of 128 items. By a provisional work order, dated 3 January, 2018, the Superintendant Engineer, South Electrical Circular Public Works Department, inter alia, informed the petitioner that the bid given by the petitioner excluding item nos.109 and 110 being the lowest was accepted by him on behalf of the Governor of the State of West Bengal ("impugned notice"). It is this exclusion of item nos.109 and 110 which has been challenged by the petitioner in these proceedings.