SIEMENS PUBLIC COMMUNUCATION NETWORKS PVT LTD Vs. U O I
HIGH COURT OF DELHI
SIEMENS PUBLIC COMMUNICATION NETWORKS PVT.LTD.
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Hima Kohli, J. -
(1.) Petitioners by this petition seek, inter alia issuance of directions to the respondents to award the contract in respect of Tender No. DRTS/AREN/Jan-2005 floated by respondent No. 2, Bharat Electronics Limited on behalf of respondent No. 1/UOI to it. Petitioners further seek directions to restrain respondents No. 1 and 2 from negotiating with any other bidder except it on the ground that it is the lowest bidder of the said tender.
(2.) The facts in brief are: Respondent No. 2, Bharat Electronics Ltd. was nominated by respondent No. 1, Ministry of Defence, Government of India, as the prime contractor for Indian Army's modernization plan for Technical Communication System (TCS). Respondent No. 2 floated a Request for Proposal (RFP) for procurement of Digital Radio Trunking System (DRTS), also popularly known as Terrestrial Trunked Radio (TETRA) which is a major component in the TCS Programme of the Indian Army, vide Tender No. DRTS/AREN/Jan-2005. In the RFP floated by respondent No. 2 for the DRTS, the vendors were called upon to make firm technical and commercial proposals for the supply and transfer of technology of DRTS to respondent No. 2 for incorporating in their solution to Indian Army. It was specified that the commercial offers should be for quantities of 80 systems as per Bill of Material enclosed with the RFP.
(3.) The technical specifications detailed the components of the DRTS by splitting them into 9 sub-systems. The tender also stipulated that the licensed manufacture of DRTS shall be undertaken by respondent No. 2 through a Transfer of Technology (ToT) for both hardware and software by executing a ToT Agreement between the vendor and respondent No. 2;
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