- (1.) The present writ petition has been filed against the impugned order dated 27/08/2014 (Annexure P 23) vide which construction of outfall drains master SWD Leg-I and Leg-II with RCC box drain from railway culvert No. 47 and railway culvert No. 50 up to Nazafgarh drain and providing external storm water drainage of sector 37C, 37D and sector 99 to 115 Gurgaon has been ordered to be re-tendered after finalisation of the technical scheme for execution of this project by HUDA.
(2.) The facts of the case in brief are that Haryana Urban Development Authority issued DNIT vide memo No. 6729 6828 dated 27/06/2014 inviting E-tenders with regard to work estimating Rs.264.90 crores from the eligible contractors/firms enlisted in appropriate class/category on the approved list of HUDA, PWD B&R, PHED, MES, CPWD Central government and state government Department and undertaking of CPWD Central government and State government Department for the work of construction of outfall drains master SWD Leg-I and Leg-II with RCC box drain from railway culvert No. 47 and railway culvert No. 50 up to Nazafgarh drain and providing external storm water drainage of sector 37C, 37D and sector 99 to 115 Gurgaon. The eligibility criteria for participating in the said tender is culled out herein below:- Eligibility Conditions:- Average Annual financial turnover during the last three years ending 31st March of the previous financial year of the agency/contractor should not be less than as under:- Time period for execution of work Average Annual Turnover 3 years or more 30% of the estimated cost of the work 2 years 50% of the estimated cost of the work 1-1/2 year 70% of the estimated cost of the work 1 year 100% of the estimated cost of the work Experience of having successfully completed similar nature of works during last seven years ending lay of month previous to the one in which tenders are invited should be either of the following:- One similar nature of completed work costing not less than 80% of the estimated cost of the work. OR Two similar nature of completed works costing not less than 50% of the estimated cost of the work OR Three similar nature of completed works costing not less than 40% of the estimated cost of the work. iii) Financial net worth of bidder shal not be less than 25% of contract value as on 31st March of the previous financial year and should be certified by the Regd. Chartered Accountants. The net worth shall be worked out as under:- Net Worth = (Paid Up Equity = Reserves) (Revaluation Reserves + Misc. Expenditure not written off and accrued liabilities). iv. Solvency i.,e. Evidence of access to line (s) of credit and availability of other financial resources facilities 25% of contract value, duly certified by the Bankers (not more than 3 month old). v. Joint Ventures are not allowed. vi. The certificate of performance that the contractural agency is not associated directly or indirectly with HUDA or any other entity that has prepared the design, specification & other documents of project. In addition to the above, the following shall also be applicable: a. Definition of similar nature work shall be as under:- Public Health Work Similar work of Sewerage and Storm Water Drainage complete in all respects (b) The satisfactory performance certificate of the works already executed must be taken from the client for whom the bidder has executed the works and it should be signed by the Officer not below the rank of Executive Engineer or equivalent officer. The same may also be verified, if required, by the office of Executive Engineer before allotment of work. (c) The bidder must have the following number of Engineer on rolls at least for a period of six months before opening of tender: For works with estimated cost between Rs.5 Crore to Rs.50 Crore ....2 Nos. Degree Holders and 2 Nos. Diploma Holders For works with estimated cost between Rs.50 Crore to Rs.100 Crore ........3 Nos. Degree Holders and 4 Nos. Diploma Holders For works with estimated cost above Rs.100 Crore .... 4 Nos. Degre Holders and 5 Nos. Diploma Holders. (d) If the rates are found to be on higher side, negotiations shall be carried out with lowest bidder only. In case the lowest bidder refuses to reduce his quoted rates, tenders may be re-invited.
(3.) In pursuance to the said E-tender floated by HUDA, petitioner company being an interested party and fulfilling the conditions of the DNIT (Annexure P-1), submitted its online bid on 15/07/2014. Likewise two other firms namely M/s IVRCL Ltd and M/s Larsen and Toubro Ltd. also submitted their bids online. The technical bids of all the 3 bidders were scrutinised by the 5th respondent and in the same M/s IVRCL failed to qualify the technical bid on having failed to furnish proof with respect to having executed two works of similar nature with completed cost of not less than 50% of the estimated cost of tendered work. Thus, in this way, the petitioner company and M/s Larsen and Toubro Ltd were the only technically qualified players left in the playing field.;