TAMCHI KUSUK Vs. STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-10-117
HIGH COURT OF GAUHATI
Decided on October 11,2018

Tamchi Kusuk Appellant
VERSUS
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

Ajit Borthakur, J. - (1.) Heard Mr. D. Panging, learned counsel for the petitioner. Also heard Mr. K. Ete, learned Sr. Addl. Advocate General appearing on behalf of respondent No. 1 and Mr. G. Tarak, learned Standing counsel Rural Works Department, Arunachal Pradesh for the respondents No. 2 to 6.
(2.) By this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the impugned minutes of the technical evaluation for the work of "Road from L030 road of Lower Subansiri District to Tali Block HQ. (Stage-1) Package No. AR/14/08/058" to the extent it declared the bid of the petitioner as 'non-responsive'.
(3.) The petitioner's case, precisely, is that pursuant to the NIT, dated 26.07.2018, issued by the respondent No. 5, the Executive Engineer/PIU, Rural Works Division, Jamin, Lower Subansiri District for the work of "Road from L030 road of Lower Subansiri District to Tali Block HQ. (Stage-1), Package No. AR/14/08/058", under Pradhan Mantri Gram Sadak Yojana (PMGSY), the petitioner-firm submitted bid by enclosing all the relevant documents as per the Instructions to Bidders (ITB). However, the Technical Evaluation Committee(TEC) declared the bid of the petitioner as technically 'non-responsive' on the ground of purported violation of clause 4.4A of the ITB, despite submission of all the required documents. In the pretext of the aforesaid ground, making the petitioner as 'non-responsive', the bids of the private respondents No. 7, 8 and 9 were declared as 'technically responsive' and accordingly recommended for financial evaluation, which is scheduled to be opened today i.e. 11.10.2018. Clause 4.4A of the ITB provides that to qualify for award of the contract, each bidder should have in the last 5 (five) years achieved in any 1 (one) year, a minimum Financial Turnover as certified by the Chartered Accountant, atleast 50% of which is from Civil Engineering construction works equivalent to the amount given therein in the sub-clauses.;


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