NATIONAL INDIA CONSTRUCTION COMPANY Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
National India Construction Company
STATE OF JANDK
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RAJESH BINDAL,J. -
(1.)The present petition has been filed impugning rejection of the bid submitted by the petitioner during technical evaluation thereof. The bid was submitted in pursuance to e-NIT No. CEJ/PMGSY/503 of 2017-18 dated 10.02.2018 for the construction work of road from L044 - Khourgali to Radnote, Package No. JK14-519, Regular PMGSY (Batch-1, 2017-18), Stage-I, Block Pancheri, District Udhampur.
(2.)Mr. R.K. Gupta, learned senior counsel for the petitioner submitted that e-NIT in question was issued for construction of road from L044 - Khourgali to Radnote, Package No. JK14-519, Regular PMGSY (Batch-1, 2017-18), Stage-I, Block Pancheri, District Udhampur. The petitioner being eligible submitted his bid within the time permitted. The bid was to be submitted in two parts i.e. "technical Bid' and the "financial Bid'. As per the procedure firstly technical bids were to be opened and those who qualified that stage, were to be considered for financial evaluation. However, the petitioner's bid was rejected during technical evaluation. The decision was uploaded on 09.04.2018. The reason assigned was "rejected-technical'. No details were forthcoming. The petitioner later on come to know that there was evaluation of the bids on 07.04.2018, wherein the reason for rejection assigned was that similar nature work certificate is not as per requirement of the Standard Bidding Document (for short "the SBD') and the information about litigation with the department was not furnished. Hence, the petitioner was treated as "non-responsive'.
(3.)In the aforesaid document, though may not be relevant for the case in hand, the learned senior counsel for the petitioner pointed out that date of the e-NIT was wrongly mentioned as 19.03.2018 though it was 10.02.2018. Further the date of document was mentioned as 07.03.2018 though it should be 09.04.2018, as the decision rejecting the technical bid of the petitioner was uploaded on 09.04.2018.
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