EDUCOMP SOLUTIONS LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Assam Electronics Development Corporation Ltd. (AMTRON) had issued a Notice Inviting Tender (NIT) dated 23.11.2005 inviting bids for execution of the contractual work in the 4th phase of Rajiv Gandhi Computer Literacy Programme (RGCLP) in three hundred schools in the State of Assam. As per the tender notice the interested tenderers were required to submit their bids in two parts, i.e., (a) Technical Bid and (b) Commercial Bid, in separate sealed envelops for tide supply of computer hardware, software, courseware and connected accessories and provision of computer education service in government high schools on BOT (Build Own, Operate and Transfer) basis. The last date and time of submission of tender was fixed on 19.12.2005 at 2 P.M. and the date acid time for opening of technical bid was fixed at 3 P.M. on the same day. It was further indicated in the notice that the date and time for opening of commercial bid would be intimated separately to such of those bidders who qualify in the technical bid.

(2.) The bidder can be a Company/Corporation of Consortium or any of the above who have capability in fulfillment of the criteria and the conditions mentioned in the NIT and the detailed tender documents and required to submit documentary evidence in support of such fulfillment while submitting the bid. As per the tender notice there are as many as seven technical criteria required to be fulfilled by the bidders which are as follows :

(3.) That, subsequent to the issuance of tender notice dated 23.11.2005 the AMTRON had carried out certain amendments to the tender documents and the same were notified by notification issued on 14.12.2005. In terms of Paragraphs (f), (g) and (h) of Clause 13 of the General Terms and Conditions, AMTRON reserved right to itself to evaluate technical bids and short list technically qualified bidders. The short listed bidders alone are to be informed of the date of opening of the commercial bids. The commercial bids of short listed bidders alone will be opened and evaluated. The evaluation, thereafter of the technically short listed bidders will be carried out considering both the price quoted and the technical capability of the short listed bidders. Thereafter short listed bidders to be listed in descending order of score on a scale of 100, based on the evaluation results. AMTRON reserved the right to itself to award the contract to the bidder with the highest score or to negotiate with one or more bidders in descending order of score. Be it noted, the criteria/parameters for evaluation of the bid on the basis of score on a scale of 100 was not indicated in the tender documents. There is no mention about the methodology to be followed and details of respective heads, if any, for awarding of marks.