VERSHA TECHNOTRADE PVT LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Banik, learned counsel appearing for the writ petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, PWD, Assam, appearing for the respondent Nos.1, 2 and 4 and Mr. A. Sharma, learned counsel for the respondent No.3.

(2.) Aggrieved by rejection of the technical bid submitted by the petitioner, as communicated vide email dated 25.11.2020 (Annexure-C), the instant writ petition has been filed.

(3.) The facts of the case, in a nutshell, are that the respondent No.2 had issued NIT dated 01.10.2020 inviting bids for execution of as many as four contractual works including the work of "Constructiion of 6 (six) nos. Government Model College at 1. Sonitpur (Borsola), 2. Tinsukia (Doomdooma), 3. Chirang, 4. Udalguri, 5. Baksa and 6. Majuli." In response to the NIT dated 01.10.2020, the writ petitioner herein, besides two other bidders including the respondent No.3, had submitted their bids for the aforesaid work for Udalguri which was at Sl. No.4. The total work was valued at Rs.14,36,21,373/- and the time for completion was 24 months. As per the condition No.4.3 of the bid document, the bidders were required to furnish information inter-alia about the major items of construction equipment and also information as regards any litigation, either current or pending during the last five years, in which the bidder was involved together with information about the parties concerned and the disputed amount. In so far as the list of key plants and equipments to be deployed in contract work is concerned, Appendix-II of the Tender Document had laid down the type of equipments, maximum age as on 01.07.2019 and the total number of equipments required to be deployed by the contractor. After consideration of the petitioner's bid, the Tender Evaluation Committee had rejected the same. The decision of the Bid Evaluation Committee was, therefore, communicated to the petitioner by email dated 25.11.2020.