SARIKA CONSTRUCTION PVT. LTD. Vs. STATE OF BIHAR
LAWS(PAT)-2021-4-24
HIGH COURT OF PATNA
Decided on April 08,2021

Sarika Construction Pvt. Ltd. Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties online because of COVID pandemic restrictions.
(2.) The petitioner has filed the present writ application challenging the decision of a Technical Bid Committee of the Rural Works Department, Government of Bihar dated 19.08.2020 as contained in Memo No. 6449 of the same date, to the extent the same relates to the petitioner, whereby his technical bid submitted in response to a notice inviting tender for rural road maintenance has been rejected. Evidently, the petitioner's technical bid has been rejected on the ground that he did not have requisite work experience of execution of similar works in terms of Clause 4.4A(c) of the Maintenance Contract Bid Documents (MBD).
(3.) Clause 4.4A of the MBD, admittedly, prescribes that to qualify for award of contract, each bidder should have in the last five years (five years immediately preceding the year, in which the bids are invited), satisfactorily completed, as prime contractor or sub-contractor at-least one similar work of value not less than 30% of estimated value of contract.;


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