A.R.ENTERPRISES Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The Notice Inviting Tender (NIT) dated 14.04.2016 was issued by the Government of Arunachal Pradesh, in the Office of Superintending Engineer(E), Arunachal Pradesh Electrical Circle No-V, Department of Power, Ziro, inviting on-line tenders for carrying out Rural Electrification works under Deen Dayal Upadhayay Gram Jyoti Yojana (DDUGJY). The said Rural Electrification works was categorized in 3(three) packages, namely, for Lower Subansiri District, Kurung Kumey District and Upper Subansiri District of Arunachal Pradesh. The last date for submitting tender documents via on-line was fixed upto 1200 hours of 02.06.2016. Interested bidders were also required to submit hard copies as supportive documents for Techno-Commercial Evaluation of the uploaded tender copies and documents.

(2.) WP(C) 320 (AP)/2016 is in respect of bid submitted by the petitioner i.e. M/s. A.R. Enterprises as an individual firm against Rural Electrification works at Kurung Kumey District, whereas WP(C) 321 (AP)/2016 is in respect of the bid submitted by the same petitioner as a Joint Venture Firm against Rural Electrification works at Lower Subansiri District. WP(C) 377 (AP)/2016 is instituted by a different entity i.e, M/s. K.T. Enterprises with allegation that it was not afforded opportunity to participate in the bid process, for reasons to be discussed in the later part of this judgment.

(3.) In so far as WP(C) 320 (AP)/2016 is concerned, the records reveal that although 9(nine) bidders had successfully uploaded their bid documents in the official website, however, the hard copies of the bid documents of only 8( eight) firms had been received until the last date and time of receipt of the bid documents. The Minutes regarding the opening of the bid documents in respect of Kurung Kumey District on 02.06.2016 discloses that the petitioner had tendered the required fees in the form of Demand Draft along with the required Earnest Money in the form of fixed deposits. The Integrity Pact executed by and between the Superintending Engineer (E)-cum-Chairman and representative of the petitioner had also been accepted. Things came to a head when the petitioner received an e-mail dated 09.06.2016 from the Superintending Engineer(E), Ziro Electrical Circle informing that the petitioner's bid in respect of Kurung Kumey District stood rejected during technical evaluation by the constituted Committee on ground of "Incomplete Documents". By the said e-mail, the petitioner was also informed that in case it seeks any clarification or feed-back, it may contact the Tender Inviting Authority. The Techno-Commercial Evaluation of bid documents for electrification works of Kurung Kumey District, as made available to the petitioner, revealed that the petitioner's bid had been rejected on grounds that the petitioner does not fulfil the Pre-Qualification criteria as required under Part-A, Vol-I, Section III (Qualification of Bidder). On 11.06.2016, the petitioner made a representation to the Superintending Engineer (E), Arunachal Pradesh Electrical Circle No.V, Department of Power, Ziro expressing shock at the rejection of its Techno-Commercial bid despite having fulfilled all requirements under the Pre-Qualification criteria. While requesting for re-evaluation of the bid documents and for not opening the Financial Bids before re-evaluation exercise is done, the petitioner also enclosed documents, which it had uploaded in the website, to substantiate of having fulfilled the Pre-Qualification criteria. The documents so enclosed were in respect of works/project completed along with the year of completion. The particulars of the 3(three) completed projects with supporting documents which had been enclosed to the representation dated 11.06.2016 were, (i) RGGVY of Palin-Yangte Package with year of completion being 2013-14, (ii) System Improvement in and around Bameng EAC HQ in East Kameng District under SPA with year of completion being 2012-13 and (iii) APDRP Scheme Package- C and D under KKED, Sangram with year of completion being 2007-08. In respect of the first project, i.e, Palin-Yangte Package, the Certificate so enclosed was in respect of the work awarded to one M/s. ICSA (India) Pvt. Ltd., Hyde-rabad, which had been successfully completed by the petitioner on Back to Back Basis. The said Certificate was issued under the hand of the Executive Engineer (E), Kurung Kumey Electrical Division, Department of Power, Sangram. In respect of the second project, a copy of the Award of Tender had been enclosed and in so far as the third project i.e, APDRP Scheme Package- C and D is concerned, a Certificate dated 08.02.2008, issued under the hand of the aforesaid Executive Engineer (E), was enclosed. By another representation of like date i.e. 11.06.2016, the petitioner made request for re-evaluation of the Techno-Commercial bid of the private respondent no.5 showing that there had been numerous deficiencies in the bid documents submitted by the said respondent no.5. As many as 14 deficiencies were highlighted to question as to how the Techno-Commercial bid of the respondent No.5 could have been adjudged as responsive.