ANKIT SHARMA Vs. STATE OF H P

JUDGEMENT

(1.) Bid of the petitioner has been rejected by the respondents as non-responsive due to non-fulfillment of Tender Document conditions. Aggrieved, instant writ petition has been preferred by him.

(2.) 2(I) For construction/improvement work of Circular Road in Shimla town, under Shimla Smart City Project, the respondents on 11.05.2020, issued an invitation for online bids in two cover system from eligible contractors. In response to this NIT, two bids were received. The Evaluation Committee declared one of the bids as nonresponsive and accordingly, the bid of second bidder was rejected being single bidder.

(3.) As per the stand taken by the respondents in the reply, in terms of Clause 28.2.a of the Standard Bid Document (extracted above), gross contract receipt of any one year out of five years, viz. 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018- 2019 was to be taken into account for determining the bid capacity of the bidder. As per Calause 28.2.a of the Standard Bid Document, the Chartered Accountant report/certificate upto the year 2018-2019 was to be taken into consideration for determining bidding capacity of the bidder. In the petitioner's case, the Chartered Accountant's report showed his gross contract receipt as Rs. 5,33,212/- upto 2018-2019. Since this was less than the required bid capacity of Rs. 50,76,719/- under Clause 28.2.a of the Standard Bid Document, therefore, petitioner's bid was declared as non-responsive.