NABAM TULLON LLP. Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. P.J. Saikia, learned Senior Counsel, assisted by Mr. R.S. Mishra, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Govt. Advocate, Arunachal Pradesh appearing for the State respondent Nos.1-6 and Mr. N. Deka, learned counsel appearing for the private respondent Nos.7.

(2.) By filing this Writ Petition, the petitioner has put to challenge the Office Order dtd. 15/1/2024, whereby Technical Bid of the petitioner has been rejected as non-responsive and bids of the respondent Nos.7, 8, 9 and 10 have been accepted as substantially responsive for construction of Double Lane Road from Donyi Polo Airport, Itanagar to Naharlagun Railway Station via Sonajuli and Durpang with an estimated cost of Rs.317.00 Crores, pursuant to the RFP No. ND/EPC/2023-24, dtd. 16/10/2023. The petitioner has also prayed for a direction to the respondent authorities to re-evaluate the Technical Bid of the petitioner for Financial Bid.

(3.) The facts of the case giving rise to filing of the instant Writ Petition are that the Executive Engineer, PWD, Naharlagun Division (respondent No.5) issued RFP No. ND/EPC/2023-24, dtd. 16/10/2023, inviting bids for construction of Double Lane Road to provide airport connectivity from Donyi Polo Airport, Itanagar to Naharlagun Railway Station via Sonajuli and Durpang with an estimated cost of Rs.317.00 Crores. It was a Two Bid system, whereby only the bidders whose Technical Bids are found to be technically responsive would be permitted to submit their Financial Bid. The RFP stipulates completion period of 30 months. The last date of submission of the bid was 15/11/2023.