- (1.) The petitioners have challenged a notice inviting tenders issued by the respondents inviting e-tenders for the work of routine cleaning of station buildings at various levels for unit-I to VI including other related buildings and service building. The petitioners have not annexed the entire tender document.
(2.) The petitioners rely upon Clause-1 of the policy of the Government of Punjab dated 02.10.2014. It would, however, be necessary to also consider Clauses-4 and 5 during the course of this judgment. Clauses-1, 4 and 5 read as under:- "1. All the unskilled works up to any amount and all the skilled works up to the value of Rs. 40 lacs be given to only these Societies at the ceiling rates fixed by the concerned Superintending Engineers of every branch of the P.W.D. through tenders but the works be given to them up to their competency to undertake the work. In case, these Societies do not give tenders and accept the work within the fixed ceiling rates, then such works be got done by inviting open tenders from the Contractors and the Societies. Tenders of skilled works up to the amount of Rs.40 lacs should be called through E-Tendering system and in those tenders, the competition will be amongst Cooperative Labour and Construction Societies only. .. .. .. .. 4. For Rs.6.50 lacs skilled work, the Societies are exempt from the payment of earnest money. If the skilled works are from Rs.6.50 lakhs to Rs.13 lakhs, then the amount of 25% earnest money determined by the Department shall be charged. In case the skilled works are of the value of more than amount of Rs.13 lacs, then 50% of the amount of earnest money fixed by the Department shall be charged from the Cooperative Labour and Construction Societies. No bank guarantee or security deposit shall be obtained from the Labour and Construction Societies. 5. When work includes the skilled works and unskilled works, then instead of inviting separate tenders, a joint tender should be called."
(3.) Mr. Sharma, the learned senior counsel appearing on behalf of the petitioners, relies upon an earlier tender notice dated 22.12.2015 for the same work. He relies upon a reference therein to the said work as being unskilled work. Accordingly, he submits that the work covered by the present tender process is also unskilled work and, therefore, only societies such as the petitioners are entitled to be awarded the contract.;