JMC PROJECTS (INDIA) LTD. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Regard being had to the commonality of the controversy in both the aforesaid writ petitions, it was thought apposite to hear them analogously and accordingly, they were heard together with the consent of the parties and are being disposed of by the present singular order.

(2.) The aforesaid two writ petitions have been filed for declaring that the petitioner qualifes the criteria laid down in Clause 4.5(A)(b) and 4.5(D) of the Instruction to Bidders contained in the Notice Inviting Tender dtd. 10/6/2019 and consequently, hold that the technical bid submitted by the petitioner qua the aforesaid two cases is responsive in terms of Clause 25.1 of the Instruction to Bidders contained in the NIT dtd. 10/6/2019, foated by the Respondent No. 2 i.e. the Bihar Medical Services and Infrastructure Corporation Ltd. (hereinafter referred to as the "BMSICL"). The petitioner of the aforesaid two cases has further prayed for quashing the minutes/proceedings of the meeting of the Technical Tender Committee of the Respondent No. 2 dtd. 3/1/2020 whereby and whereunder the technical bid of the petitioner has been rejected. Consequently, it has been prayed that the Respondent No. 2 be directed to consider the financial bid submitted by the petitioner for construction of Government Medical College and Hospital at Begusarai and Buxar, respectively. Facts of the Case

(3.) The brief facts of the case, according to the petitioner, are that a Notice Inviting Tender bearing NIT No. BNSICL/Infra/22/219 dtd. 10/6/2019 was issued by the Respondent No. 2, inviting tender through the e-procurement process from frms/contractors of repute, specialized in civil works, for construction of Medical Colleges and Hospitals with earthquake resistant structure in the districts of Vaishali, Begusarai, Sitamarhi, Jamui, Buxar and Madhubani in the State of Bihar. The last date for submission of the bid mentioned in the NIT was 29/7/2019 and the date/time and place for opening the tender was fxed as 31/7/2019 at 3 : 30 pm. at the office of the Respondent No. 2, however, the same was extended from time to time vide various corrigendum, which is not in dispute. The petitioner had participated in the NIT and submitted its technical bid on 18/11/2019 for construction of Government Medical College and Hospital Campus at Begusarai, as far as the first case is concerned and for construction of Government Medical College and Hospital Campus in the District of Buxar, as far as the second case is concerned. The petitioner had also furnished the earnest money through bank guarantees dtd. 5/11/2019. It is the case of the petitioner of both the aforesaid cases that although the petitioner qualifes on all counts in terms of the Instruction to Bidders and had therefore participated in the bidding process, however, the Technical Tender Committee, in its meeting held on 13/12/2019, has held the bid of the petitioner to be non-responsive for both the tenders pertaining to the construction of Government Medical College and Hospital at Begusarai and Buxar, by holding that the petitioner was not qualifying the criteria laid down in Clause 4.5(A)(b) of the Instruction to Bidders. Thus, the Technical Tender Committee in paragraphs no. 2.4 and 5.5 of its minutes of meeting dtd. 13/12/2019 had recommended for rejection of the technical bid of the petitioner noting that there is an apparent dichotomy between two certificates, dtd. 27/6/2017 and 31/10/2018, issued by HSCC (India) Ltd., certifying the work done by the petitioner pertaining to construction of Hospital/OPD and other associated works of Kalpana Chawla Government Medical College at Karnal, Haryana (hereinafter referred to as the "KCGMC") and therefore, it is doubtful that the work of KCGMC project was completed by the petitioner in the financial year 2016-2017.