S.J.VAZIFDAR,J. - (1.) The petitioner has challenged the eligibility of respondent Nos.4 and 5 in respect of the tenders invited by the official respondents. As recorded in our order dated 24.05.2016, respondent No.4 stated that it was not entitled to be awarded the contract and desired, therefore, to be deleted from the array of parties. Respondent No.4 was accordingly deleted from the array of parties.
(2.) Respondent No.2 is the Chief Engineer, Punjab PWD (B&R). Respondent No.3 is the Punjab Road and Bridges Development Board. Respondent No.4 is RIPL -CEIGALL (JV) and respondent No.5 is MG -MC - BSB -Joint Venture.
(3.) Respondent No.3 -Punjab Road and Bridges Development Board received a loan from the World Bank towards the cost of the Punjab State Road Sector Project, a part of which it intends applying to payments under the Procurement of Works for Improvement of Black Spots on Core Road Network of Punjab (hereinafter to be referred to as "the said work"). Respondent No.3, as the implementing agency of the project, on 10th November, 2015, invited sealed bids from the eligible bidders in respect of the said work. The relevant provisions of the invitation for bids read as under: - "Eligibility and Qualification Compliance Requirements Documentat Criteria No. Subject Requirement Single Joint Venture (existing or Submission Entry intended) Requiremen All parties Each One Member combined Member 4. Experience 4.1 General Experience of Must meet N/A Must meet N/A Form EXP -4 (a) Construction general requirement requireme Experience construction nt work in the role of prime contractor, JV member, sub - contractor, or management contractor for at least the last 5 years, starting Ist April 2010 4.2 Specific (i) A minimum Must meet Must meet N/A N/A Form EXP (a) Road safety number of Road requirement requirement 11 4.2(a) works and safety works Construction and/or Road and Contract construction Management contracts with Experience road safety component specified below that have been satisfactorily and substantially completed as a prime contractor, joint venture member, management contractor or sub -contractor between Ist April 2010 and application submission deadline: (i)One (1) contract, of minimum value Rs.600 Million or Two (2) contracts, each of minimum value Rs.375 million or Three (3) contracts, each of minimum value Rs.300 million, Note: For evaluation purposes, the work carried out during each of last 5 completed years shall be increased at the simple rate of 5% per annum to account for inflation. For part of the year proportiona te increase shall be carried out. 4.2 For the above Must meet Must meet N/A Must meet Form EXP - (b) and any other requirement requirement the 4.2(b) contracts following completed and requirements under for the key activities implementation listed. as prime contractor, joint venture member, management contractor or sub -contractor on or after the first day of the calendar year during the period stipulated in 4.2(a) above, a minimum construction experience in the following key activities successfully completed: Should have executed in any one year out of last three years preceding Ist April, 2015, the following minimum quantities of work: i) Metal Beam crash Barrier: 4,000 m ii)Reflective pavement marker: 40,000 no. iii) Road marking with hot applied thermoplas tic compound: 10,000 sqm 9. ..... ..... ..... ..... 10. ..... ..... ..... ..... 11. In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value required shall be aggregated." ;