STERLITE TECHNOLOGIES LIMITED Vs. AURANGABAD INDUSTRIAL TOWNSHIP
LAWS(BOM)-2017-8-43
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on August 24,2017

Sterlite Technologies Limited Appellant
VERSUS
Aurangabad Industrial Township Respondents

JUDGEMENT

BHARATI H.DANGRE, J. - (1.) Government of India has envisaged the development of Delhi-Mumbai Industrial Corridor (DMICDC for short) along the alignment of proposed multi model high axel load dedicated project corridor between Delhi and Mumbai. The corridor covers approximately 1483 km and passes through six States. The said corridor proposes of combining high value infrastructure with sustainable development to create 24 smart industrial cities along its length situated along historic silk route, one of antiquity's most important route for International trade, the Aurangabad Industrial City (AURIC) is one of the first cities planned along the golden corridor. The largest infrastructure program in India's history, this investment represents the leading-edge in international standards with the goal of transforming the quality of life and economic prosperity for the country's more than 1 billion people. The said smart city is to feature a transit oriented and workable township, water and energy conservation, renewable power sources and a healthy quality of life. For giving effect to the ambitious project, a special purpose vehicle is constituated by joint efforts of Maharashtra Industrial Development Corporation and Delhi Mumbai Industrial Development Corporation having 51 and 49 % stakes respectively and it is captioned as 'Aurangabad Industrial Township Limited' (AITL) to develop the Aurangabad Industrial City. In the State of Maharashtra seven nodes are to be developed as a part of the corridor which includes the Shendra Bidkin Industrial Area, collectively called as Aurangabad Industrial City (AURIC). AURIC will spur demand for wide array of spin off businesses and will offer the full array of services required for Mega Scale Industrial Park and communities located within it. It is expected to generate huge employment and to add value and exports to the Aurangabad District and Maharashtra as a whole. The Broad Vision for the Shendra-Bidkin Industrial Area is to become a 'showcase of Maharashtra's Leading Manufacturing Industries.'
(2.) . For the purpose of development of the Smart City (AURIC) in Maharashtra respondent no.1 invited request for qualification RFQ cum request for proposal (RFP) for appointment of Master System Integrator (MSI) city AURIC. The MSI is to be appointed for implementation, integration, operations and maintenance of smart city ICT components of AURIC in Maharashtra. The present writ petition revolves around the tender process for finalization of the appointment of the Master System Integrator for AURIC. The petitioner Sterlite Technologies Limited, Information Technology Company engaged in the manufacture and sale of telecom products and solutions including designing, building and managing smarter network through system and network integration participated in the said process along respondent No.2 and respondent No.3. The petitioner claims that it is the global leader in optical communication products such as optical fibres, fibres optic cables and data cables through its operations in India, China, Brazil and sales network across five continents.
(3.) The RFQ and RFP were invited on 26th April, 2017 by AITL for a Project with estimated cost of INR 116 Crores. The bidders were requested to submit their online response on or before 22nd May, 2017. The respondent No.1 adopted single stage process for selection of successful bidders. The bidders eligible in accordance with Clause 2, 3, 4 and 5 of RFQ cum RFP were invited to submit their proposals for providing required solution and services which were to consist of three parts (a) qualification documents, (b) technical proposal; and (c) financial proposal, each in the formats specified in Section 3 and 4 of Bid document. The first stage involves qualification of the bidders based on evaluation of their qualification documents to determine compliance with the Eligibility Criteria and only those bidders who are found to meet the Eligibility Criteria were to be qualified for the next stage. In the second stage, the Technical Proposals of the eligible and qualified Bidders were to be evaluated to determine compliance with the requirements of the RFQ cum RFP. Only those bidders who secure minimum qualifying technical score namely 70 out 100 and the minimum of 50% marks in the following criteria namely (a) project experience and methodology and A & M presentation (c) Key Experts qualified for the third and final stage. In the final stage eligible bidders whose technical proposals have scored at least minimum qualifying technical score were to be opened and evaluated by allotting 60% marks to the technical proposal and 40% marks to the financial proposal. The proposal of the qualified bidders were to be finally opened by the Evaluation Committee on the date and time notified in presence of the bidders.;


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