- (1.) The petitioner has challenged clause 2.1 of Section VI of the Technical Specifications of a tender dated 08.06.2015 issued by the respondents inviting bids for fabrication and supply of a multipurpose fire tender in so far as it requires one of its components, namely, the pump, to be only of the makes specified therein. The pumps manufactured by the petitioner are not included.
(2.) The respondents by a notice dated 08.06.2015 invited bids for the fabrication and supply of multipurpose fire tender with a view to strengthen its capacity for "disaster management fire fighting and rescue" operations. Clause 2.1 which is impugned in this petition reads as under:- "2.0 PUMP 2.1. The pump shall be centrifugal type, Multi Pressure, CE Marked Godiva, Rosenbauer, Firefly make, multi pressure (combined High Low Pressure) type having output capacity of 2250 LPM at 7.5 kg/cm2 at 3 mtrs. suction lift at MTP condition. The low pressure side will be of single stage and the high pressure side also with single stage giving regenerative type impeller." Clauses 2.2 and 2.13 stipulate the performance parameters of the pump. There are several other clauses also that stipulate the tests that the pump would be subject to. As we mentioned earlier, the petitioner's grievance is that the tender conditions limit the makes of the pump to be utilized to those mentioned in clause 2.2. It is contended that this is discriminatory, arbitrary and unfair as it excludes other manufacturers whose pumps are equally suitable and meet the requisite parameters.
(3.) The respondents' preliminary objection to the effect that the petition is not maintainable as the petitioner is not a bidder is not well founded.;