Jaishree Thakur, J. - (1.) The challenge in the present writ petition is to the impugned order dated 15.6.2015 (Annex.10), by which respondent No. 2 has held the petitioner -M/s. Geo Miller & Company Private Limited not qualified for opening their price bid as the technical proposal has been considered to be non -responsive, with a further prayer for issuance of a writ of mandamus directing the respondents to open price bid of the petitioner and in case the petitioner is found to be the lowest bidder, the contract be awarded to it.
(2.) Briefly stated, respondent No. 1 -State of Rajasthan invited tenders to construct and establish a plant known as "UWSS Jodhpur, Takhat Sagar Based Water Supply Works viz. Improvement of New Intake, RW PUMP House, RW PIPLINE, WIP, CWR and related work('the facilities") on single responsibility basis turnkey job contract including necessary design, build and operation and maintenance for ten years." The respondents provided the bid documents running into four parts. Having necessary experience, the petitioner participated and submitted all required documents with the bid. The Chief Engineer, by an order dated 15.6.2015 (Annex. 10), ordered that the technical bid submitted by the petitioner as non -responsive and thus, did not qualify for opening of their price bid. The Chief Engineer held as under: - - "2. Technical Proposals of following Participating Bidders are considered non -responsive on account of reasons mentioned their against and thus does not qualify for opening of their price bid (i) M/s. Geomiller & Co. Pvt. Ltd.: Due to failure to submit form CON -2: 'Historical Contract Non performance' and breakup of credit limits available, utilized and balance required as on 4.2.2015."
(3.) Aggrieved against the non -consideration of price bid and holding the petitioner's bid to be non -responsive, the present writ petition has been filed.;