Decided on February 05,2019

Rosmerta Technologies Ltd Appellant


G.R.MOOLCHANDANI, PRADEEP NANDRAJOG, JJ. - (1.) The appellant is the writ petitioner and is aggrieved by the judgment dated 30th November, 2018 passed by a learned Single Judge dismissing the writ petition filed by the appellant. Challenge in the writ petition was to the acceptance of the technical bid of M/s M.Tech Innovations Limited: Respondent No.3.
(2.) A request for proposal was floated by the Transport Department of the State of Rajasthan on 18.10.2018 inviting bids to issue smart card based driving license/registration certificates. Clause 3.7 of the eligibility criteria as per the documents, vide Conditions No.8 and 9 stipulated as under:- 8 The bidder/lead or consortium partner The certificate of must have issued at least 50 lacs experience should be SCOSTA cards or must have processed from the Client at least 75 lacs Smart Cards for IT based Department should be Citizen Services (Delivery/Facilitation) signed by an officer applications for any state/central not inferior to the rank government/PSU in India in last 3 of Joint Commissioner financial years as on bid submission or equivalent. date. The cards issued/proposed shall be the total number of cards issued during the financial year 2014-15, 2015-16 and 2016-17. 9 The bidder/lead bidder or consortium A satisfactory partner should have experience in the working/completion field of IT as a System certificate issued by Integrator/Operation with at least one client or along with the project of worth 15 crore or 3 projects of certificate issued by worth 5 crore each within the last 3 the client towards years as on the bid submission date. The work in progress for experience of State/Central more than one years. Government/PSU in India shall only be The name and contact considered. information (address, telephone number, fax, email id, website) of the client contact person must also be provided. The same Clause, vide Condition No.15 stipulated as under:- 15 Power of Attorney (PoA) authorizing In the format at signatory for signing of the bid. Appendix III
(3.) Clause 4.3 of the documents reads as under:- "4.3 Clarification of Bids (i) To assist in the examination, evaluation, comparison and qualification of the Bids, the bid evaluation committee may, at its discretion, ask any bidder for a clarification regarding its Bid. The committee's request for clarification and the response of the bidder shall be through the e-Procuring portal. (ii) Any clarification submitted by a bidder with regard to its Bid that is not in response to a request by the committee shall not be considered. (iii) No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the committee in the evaluation of the financial Bids. (iv) No substantive change to qualification information or to a submission, including changes aimed at making an unqualified bidder, qualified or an unresponsive submission, responsive shall be sought, offered or permitted. (v) Document submitted during the clarification should not be of a date beyond the bid submission date." ;

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