- (1.) The petitioner-company by way of this writ petition has challenged the tender bid evaluation process in NIT No.18/2019- 2020 and also challenged the order dated 6 th May, 2020, whereby they have been disqualified. The petitioner-company also challenged the order passed in first appeal, whereby their appeal was dismissed and the order passed in second appeal affirming the order of dismissal of first appeal, dated 21 st May, 2020 and 30th June, 2020 respectively. They further assailed the declaration of e-procurement website dated 22nd May, 2020, whereby respondents Nos.5 and 6 have been placed as L1 and L2.
(2.) The brief facts which need to be noticed for the purpose are that the respondent-Public Health and Engineering Department ("PHED") issued an NIT for "designing, providing, installation and commissioning of 186 Nos. of Solar Energy based bore well water pumping systems with De-fluoridation unit capacity of 1000 LPH including comprehensive operation and maintenance" for a period of seven years at various fluoride affected villages/habitations in District Sawaimadhopur (Bharatpur Region). The estimated value of the tender is approximately Rs.22,59,30,000/- only. As per the NIT, the prospective bidders were to purchase the document from the website of the Government on deposition of Rs.10,000 as the prescribed fee. The last date for submission of bid as well as deposition of earnest money and demand draft was 16th March, 2020 and 17th March, 2020 respectively. The technical bid was scheduled to be opened on 17th March, 2020. The petitioner-company participated in the tender process and after the technical bid was opened, vide letter dated 6 th May, 2020, it was informed that the petitioner-company had not been found eligible and technically qualified as it did not meet the technical criteria as mentioned in Clause-4.1.2.
(3.) The petitioner-company submitted that the State Government had notified identical tenders for 5 other Regions namely Jodhpur-I, Jodhpur-II, Udaipur Region, Jaipur and Kota. The petitioner participated in the bids for Bharatpur Region as well as for Udaipur Region and Jodhpur-I and Jodhpur-II Region and the petitioner-company has been disqualified at all the four Regions.;