RABINDRA KUMAR DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) One Rabindra Kumar Das, who is an 'A' class contractor, has filed both the above noted writ petitions. In W.P.(C) No. 28490 of 2022, he has sought for direction to the opposite parties to finalize the tender and award the contract in his favour, being the successful (L-1) bidder, in view of the proceedings dtd. 30/9/2022 under Annexures-5 and 6, and further to execute necessary agreement with him pertaining to the work 'Construction of Bar Association Hall with Amenity Centre of District Court Building at Bhadrak for the year 2022-23' in respect of package no.5, pursuant to the tender call notice under Annexures-2 and 3 series, by quashing the letter dtd. 29/9/2022 under Annexure-8, by which opposite party no.3 has constituted a fresh technical evaluation committee and proceeded with the tender process.

(2.) The facts leading to filing of these two writ petitions are precisely stated as follows:-

(3.) Mr. U.C. Mohanty, learned counsel for the petitioner contended that clause-126 of the DTCN provides for eligibility criteria of bidder. Procedure to participate in the online bidding e-procurement has been provided under clauses-1.1 and 1.4, which clearly envisages that furnishing scanned copy of such documents is mandatory along with the tender documents, otherwise the bid shall be declared as non-responsive and thus liable for rejection. For submission of bid through e-procurement portal, the bidder shall upload the scanned copy of the documents in prescribed format wherever warranted in support of eligibility criteria and qualification information. The online bidder shall have to produce the original documents in the portal before the specified date as per DTCN. Similarly, clause-2 provides for bid security and cost of bid documents, whereas clause-8.4 provides that during bid opening the covers, containing original financial instruments towards cost of bid and bid security in the form specified in the DTCN, received after last date of receipt of bid and before opening of the bids shall be opened and declared. Clause-8.5.3 provides that after receipt of confirmation of the bid security, the bidders may be asked in writing/online (in their registered e-mail ID) to clarify on the uploaded documents provided in the technical bid, if necessary, with respect to any doubt or illegible documents required for technical evaluation. Clause-8.6 provides that the technical evaluation of all the bids shall be carried out as per the information furnished by the bidders. But evaluation of the bid does not exonerate the bidders from checking their original documents and if at a later date the bidder is found to have misled the evaluation through wrong information, action as per relevant clause of DTCN shall be taken against the bidder/contractor. As such, there are some other provisions mentioned in the DTCN so that bid can be conducted in a transparent manner.