JAGADAMBA PACKAGING PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Writ Petition has been filed with a prayer to quash the tender No. MM/09100465 dated 28.01.2010 floated for supply of 45874 numbers of ammunition container 39 AIL which was awarded in favour of Opp. Part Nos. 4 & 5 & to give a further direction to Opp. Parties authorities to award the said tender in favour of the Petitioner.

(2.) BEREFT of unnecessary details, the facts & circumstances giving rise to the present Writ Petition are that the Opp. Part No. 3 -Indian Ordnance Factory, Badmal, Bolangir, Orissa, through its General Manager, floated an advertisement in the website for supply of Nos. 45874 AMMN container 39 A/L. The said tender paper was supplied to the Petitioner by Opp. Part No. 3. The Petitioner submitted the tender paper which was opened on 05.03.2010. On that date, Opp. Parties -authorities rejected the technical bid of the Petitioner & consequently its financial bid was not opened. The said tender work was awarded in the ratio of 50:50 in favour of both Opp. Part No. 4 -Bhawani Industries & Opp. Part No. 5 -Meghnani Industries. Being aggrieved by such action of the Opp. Parties -authorities, the Petitioner has filed this Writ Petition.

(3.) MR . S.D. Das, Learned Asst. Solicitor General of India appearing for Opp. Parties 1 to 3 submitted that so far as ordnance factory is concerned, the supplies were received from various suppliers. Eighty per cent of the supplies are received through established registered suppliers by way of limited tender & the rest twenty per cent of the supplies are received through new companies/firms/ organizations by way of open tender. The selected tenderers from amongst these tenderers are ultimately treated as registered suppliers after execution of the orders. In the instant case, tender was given due publicity. The tender was invited as per Annexure -2 to the writ application, but the Petitioner has not filed the complete copy of Annexure -1. Being a new entrant, the tenderer has to satisfy the requirement & the conditions under Clauses 1 & 2 of the technical terms & conditions for manufacturing of container 39 A/L to be confirmed by bidder item -wise in writing against each point. As per Clauses, the firms who fail to submit the necessary documents are treated as ineligible firms & their offers are rejected without further correspondence. The committee found non -submission of various requirements as per Clauses 1 & 2 & came to the conclusion that the Petitioner failed to supply blue print of the factory layout showing machine position & purchase invoices of machinery. The Petitioner -Company has also not confirmed regarding PSD, Arbitration & penalty clause. The Petitioner failed to qualify in the technical bid & as such its price bid was not opened. On 2.5.2010, the Petitioner was intimated about rejection of its tender as per Clause 6.28 of MMPM. Opp. Parties are not required to give detailed reason for rejection as per Clause 6.28 of the MMPM. M/s. The Petitioner -Company is owned & financed by M/s. Paper Tube Industries who is an established supplier for this item with Shri Neeraj Raizada having common ownership & signatories for both the companies. The Petitioner having participated in the process, without reservation cannot question the process after having failed to qualify in the technical bid. Since the Petitioner's price bid was not opened, Opp. Parties had no knowledge about its price. Petitioner's registration otherwise with any factory does not confer any right to ignore T.E. requirements. The submission that the Petitioner was found suitable by the factory at Chanda is no ground at all as it failed to produce the required papers. SSI containing details of plant & machinery cannot be substituted for invoices showing purchaser, make, model & machine number. The report of the Addl. Comptroller & the Auditor General of India reveals that the Petitioner was indulged in cartel formation. In the meantime, the authorities concerned have placed order with Opp. Parties 4 & 5. Award of tender to Opp. Parties 4 & 5 has been done as per the standard norms & procedures followed by the OFBL. The tender has been processed & awarded in a fair & transparent manner with equal & similar treatment. The production unit of Opp. Part Nos. 4 & 5 was physically checked & verified by a team of officers. The ownership of land, plant & machinery have been examined. The valuation reports clearly confirm the capability of Opp. Part Nos. 4 & 5.