Decided on June 22,2018

Debson Pumps Pvt. Ltd. Appellant


Arup Kumar Goswami, J. - (1.) Heard Mr. N. Dasgupta, learned counsel appearing for the petitioner. Also heard Mr. D. Saikia, learned Additional Advocate General, Assam, along with Mr. S. Bora, learned Standing counsel, Gauhati Municipal Corporation (GMC), appearing for respondent Nos. 1 and 2 as well as Mr. R. L. Yadav, learned counsel appearing for respondent No. 3.
(2.) The respondent No. 1 had floated an Invitation For Bid (for short, "tender notice") dated 05.12017 for the work of "2 Nos. of raw water pump sets for Supply, Installation, Testing and Commissioning of electrical motor driven Horizonal Multistage (10 stage) centrifugal pump (220 HP) having efficiency not less than 73% with rated impeller dia not less than 271 mm., coupled with TEFC squirrel cage foot mounted induction motor suitable for operation with 415 (+-10%) V, 3 phase power supply with star-delta starter at 2nd Stage Pumping Station along with common distribution panel board under Kamakhya Water Supply Scheme" (for short, "the work in question").
(3.) The pleaded case of the petitioner, in short, is that in response to the said tender notice, the petitioner, respondent No. 3 and some other tenderers had submitted bids. Prior to floating of the said tender notice dated 05.12.2017, respondent No. 1 had floated another tender notice dated 10.11.2017 for the same purpose and, as all the tenders were found to be technically disqualified on 29.11.2017, the fresh re-tender notice dated 05.12.2017 was issued. It is averred that respondent No. 3 had emerged as the L-3 bidder while the petitioner had emerged as the L-2 bidder. The L-1 bidder was disqualified. However, despite there being various irregularities in the bid of the respondent No. 3, as stated in paragraph 17(a) to 17(h) of the writ petition, the Tender Evaluation Committee, in its meeting held on 14.12.2017 recommended award of the contract in favour of respondent No. 3. It is pleaded that the respondent No. 1 considered the bid of the petitioner to be non-responsive for non-submission of power of attorney and that such ground has no basis as the respondents, by their own act and conduct, had waived the necessity of submission of power of attorney as, during the first round, when all the bids had been rejected, non-submission of power of attorney was not made a ground for rejection of the bid of the petitioner. ;

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