- (1.)Rule made returnable forthwith. By consent of parties heard finally.
(2.)The petitioner, a private limited company under the Indian Companies Act, 1956, participated in the tender process, pursuant to the Tender Notice/National Competitive Bid dated 26.8.2008 for carrying out the work for widening two-lanes Kalyan-Nanded-Nirmal Road NH-222 KM 376/00 to 395/00 (hereinafter to be referred to as the work under the tender). The estimated cost put under the tender is Rs.9,39,87,460/-. The petitioner submitted his tender bid with the concerned authorities.
(3.)The petitioner mainly raises its challenge on the ground that (i) carrying out the work under the tender by joint venture is prohibited by the respondents as per clause 4.4. Part-I of National Competitive Bidding (for short, NCB); (ii) Sub-Clause (A)(b) of clause 4.5 of the NCB as regards satisfactory completion of earlier work to the extent of 90% of the contract value was unreasonable; and (iii) The respondents authorities claimed certain amenities for the Department under the caption 'Errata'. We may here itself find it convenient to quote Clauses 4.4; 4.5 (A)(b) and relevant clauses shown under the caption "Errata", set out in the National Competitive Bidding, which read as under:
"4.4. Bids from Joint Ventures are not acceptable; or Bids from prequalified firms or prequalified joint ventures only will be acceptable.

4.5(A) To qualify for award of the contract, each bidder in its name should have in the last five years as referred to in Appendix.

(a).................................

(b)Satisfactorily completed (not less than 90% of contract value), as a prime contractor (or as a nominated sub-contractor, where the sub-contract involved execution of all main items of work described in the bid document, provided further that all other qualification criteria are satisfied) at least one similar work of value not less than amount indicated in Appendix (usually not less than 50% of estimated value of contract). Errata Name of Work - Widening to two lane KM 315/00 to 321/00 & km 332/00 to 336/600 Kalyan-Nagar-Pathardi-Padalsingi-Gadhi-Majalgaon-Parbhnai-Nanded-NirmalRoad NH-222 in the State of Maharashtra. Cost put to Tender:- Rs.9,39,87,460/-

The following amendments are made in Tender Booklet as per below :-

(I) In VOLUME-II (original and copy) TECHNICAL SPECIFICATIONS Page No.40

Clause :- Amenities to department.

Inspection vehicles for Engineer.

The entire Para is deleted and instead, following shall be read :

Special Conditions :-

1) The successful contractor shall provide one brand new vehicle to department for inspection purpose of TATA Sumo Victa Model CX seven seater without any extra cost to Government. The vehicle shall remain in the custody of the department and shall be the sole property of the Government. The contractor shall provide the above described vehicle duly insured and getting RTO passed at his own expenses in the name of the Executive Engineer, Special Project Division No.l, Beed. The contractor shall provide above vehicle within one month from the date of issue of work order, failing which an amount of 5.50 lakhs (Rupees five lakhs and fifty thousand) will be recovered from the first R.A. Bill of this work.

2) In addition to this the successful contractor shall provide following amenities without any extra cost to Government.

i) 4 nos. of 2.00 Ton carrier split air conditioners model -2 T ESR ELLA 5.

ii) 1. No.of Richo AFICIO MP 2000 Le Xerox Machine.

iii) 1 No. of Fax machine, Model Panasonic 981.

iv) 15 Nos. of Neelkamal Chairs.

v) 2 Nos. of Printer, model-Canon 2900 Laserjet.

vi) 2 Nos. of Luminous Make Inverters Model-800 VA with 2 years warranty with 1 No. Exide make SF brand Fall tubular Battery model 150 Ah with 3 years warranty and installation thereof."

315/00 to 321/00 & km 332/00 to 336/600 Kalyan-Nagar-Pathardi-Padalsingi-Gadhi-Majalgaon-Parbhnai-Nanded-Nirmal Road NH-222 in the State of Maharashtra. Cost put to Tender:- Rs.9,39,87,460/-

The following amendments are made in Tender Booklet as per below :-

(I) In VOLUME-II (original and copy) TECHNICAL SPECIFICATIONS Page No.40

Clause :- Amenities to department.

Inspection vehicles for Engineer.

The entire Para is deleted and instead, following shall be read :

Special Conditions :-

1) The successful contractor shall provide one brand new vehicle to department for inspection purpose of TATA Sumo Victa Model CX seven seater without any extra cost to Government. The vehicle shall remain in the custody of the department and shall be the sole property of the Government. The contractor shall provide the above described vehicle duly insured and getting RTO passed at his own expenses in the name of the Executive Engineer, Special Project Division No.1, Beed. The contractor shall provide above vehicle within one month from the date of issue of work order, failing which an amount of 5.50 lakhs (Rupees five lakhs and fifty thousand) will be recovered from the first R.A. Bill of this work.

2) In addition to this the successful contractor shall provide following amenities without any extra cost to Government.

i) 4 nos. of 2.00 Ton carrier split air conditioners model -2 T ESR ELLA 5.

ii) 1. No.of Richo AFICIO MP 2000 Le Xerox Machine.

iii) 1 No. of Fax machine, Model Panasonic 981.

iv) 15 Nos. of Neelkamal Chairs.

v) 2 Nos. of Printer, model-Canon 2900 Laserjet.

vi) 2 Nos. of Luminous Make Inverters Model-800 VA with 2 years warranty with 1 No. Exide make SF brand Fall tubular Battery model 150 Ah with 3 years warranty and installation thereof."