BHARAT CONSTRUCTION (I) PRIVATE LIMITED Vs. HIMACHAL PRADESH ROAD INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) By way of instant petition, the petitioner has prayed for following substantive reliefs:-

(2.) Respondent by way of two-bid system invited offers through Request for Proposal/Notice Inviting Bid (for short "RFP/NIB"), dtd. 15/6/2021 for construction of "2 Lane Road Tunnel" parallel to the existing Dhalli Tunnel under the Shimla Smart City Mission on EPC mode with estimated cost of Rs.53.00crores. Petitioner and respondent No.2, in response to RFP/NIB dtd. 15/6/2021, submitted their respective bids. Both the bidders were declared technically responsive, their financial bids were evaluated on 2/8/2021 and Respondent No.2 was found "L-1". Letter of acceptance (for short "LOA") favouring respondent No.2 was issued on 12/8/2021.

(3.) On 3/8/2021, petitioner addressed respondent No.1, inter alia, taking exception to the financial bid of respondent No.2 being not in the format prescribed by RFP/NIB. Petitioner further extended certain clarification with respect to its own financial bid vis-a-vis the GST component. Respondent No.1 did not agree to the objections raised by the petitioner, and, replied to this effect vide correspondence dtd. 5/8/2021. Some further correspondence was exchanged inter se the petitioner and respondent No.1, but respondent No.1 adhered to its decision and issued LOA in favour respondent No.2, as noticed above.