PRASHANT BHASKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sanjay Kumar @ S.K., learned counsel for the petitioner and Mr. Patanjali Rishi, learned AC to A.A.G. No. 6 appearing for the State.

(2.) The present writ application has been filed for quashing the financial bid dated- 26.06.2020 decided in favour of the respondent no. - 6 by the respSondent no. - 5 for construction of Hardia to Mahesha road pursuant to Tender Id no. 81257 on the ground that respondent no. - 6 does not fulfill the eligibility criteria for award of tender.

(3.) The brief facts giving rise to the present writ application is that the respondent - Rural Works Department invited N.I.T. bearing Tender Id no.- 81257 for construction of Hardia to Mahesha road under "Mukhyamantri Gramin Sadak Yojna (MMGSY)" Scheme and in pursuance thereof the petitioner as well as respondent no. - 6 submitted their bids. The Technical Bid Committee in its meeting held on 30.12.2019 approved the bids submitted by the petitioner as well as the respondent no. - 6 and declared them qualified in the technical bid. The petitioner being dissatisfied with the decision of the Technical Bid Committee filed a complaint on 30.01.2020 alleging therein that experience certificate furnished by the respondent no. - 6 was not proper and is wrong as well as key personnel criteria was not fulfilled by the respondent no. - 6 as per the provisions of Standard Bidding Document (hereinafter referred to as the "SBD") inasmuch as per the requirements, the respondent no. 6 did not submit the affidavit of 02 key engineers (key personnel) and had only submitted the affidavit of one engineer (i.e. key personnel). It has further been stated that respondent no.- 6 is only having the experience of P.C.C. work and is not having any experience of B.T. work as required in the tender. It has further been stated that respondent no.- 6 is also not fulfilling the criteria of 25% of estimated value of contract.