AMANDEEP ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) For outsourcing of conversancy services at Station Headquarters, Rajouri for the financial year 2024-25, the Station Headquarter, Rajouri issued a Request For Proposal (RFP) No. 501601/Outsourcing/SHQ/Rajouri/01, published on the Government e-Marketplace (GeM) bearing bid No. GEM/2024/B/4540356 dtd. 27/1/2024. The petitioner along with others, including the respondent Nos. 6 and 7, responded to the proposal by submitting their respective technical as well as financial bids. As per Clause-19 of the Part-1, of the General Information of the bid documents, bid submitted by a firm blacklisted by any Government Organization is/was required to be rejected.

(2.) The case projected by the petitioner in the present petition is that respondent Nos. 6 and 7, whose proprietor is one person only, are involved in production of fake NOCs while participating in the tendering process and Station HQ Kiari vide order dtd. 9/3/2022 has already blacklisted both the firms i.e. respondent Nos. 6 and 7. It is also pleaded by the petitioner that Tehsildar, Mankote, Poonch vide communication dtd. 15/3/2024 has requested I/c Police Post, Mankote to register an FIR against the respondent No. 7 for producing fake/forged NOC. It is urged by the petitioner that as the respondent Nos. 6 and 7 are blacklisted firms, therefore, in terms of Clause 19 of the Part-I of General Information the bid documents, their bids were required to be rejected outrightly, but the respondent No. 2 to 5 not only entertained the technical as well as financial bids of the private respondents but also evaluated the same.

(3.) It is submitted that the petitioner, during the currency of the tendering process, came to know about the blacklisting of the respondent Nos. 6 and 7 and the above fact was brought to the notice of the official respondents through the medium of a legal notice dtd. 13/5/2024 and they were called upon to straightway reject the technical as well as financial bids of the respondent Nos. 6 and 7 and debar them from participating in the tendering process, but the official respondents instead of acting upon the legal notice, are still in the process of awarding the aforesaid contract either to respondent No. 6 or respondent No. 7.