- (1.) The writ petition was initially filed seeking a direction upon the respondent nos.1 to 6 to award the contract of hiring of HEMM for removal of OB and extraction and transportation of coal from different seams of Kantapahari Patch II of AKWMC Colliery and AARC of Katras area. This writ petition was filed on 05.11.2014 and an interlocutory application being, I.A. No. 5703 of 2014 was filed on 07.11.2014 seeking permission to challenge letter of acceptance dated 05.11.2014 issued in favour of respondent no.7. The amendment application was allowed vide order dated 11.11.2014 and thus, letter of acceptance dated 05.11.2014 is also under challenge.
(2.) The brief facts of the case are that, on 16.05.2014 notice inviting tender for award of the contract was issued. The last date for submission of bid was 07.07.2014 and the technical bid was scheduled to be opened on 08.07.2014. Subsequently, the time for submission of bid was extended till 16.07.2014 and opening of technical bid was also postponed for 17.07.2014. The petitioner submitted its bid on 16.07.2014 and as scheduled, the technical bid was opened on 17.07.2014 in which seven participants including the petitioner were found qualified. The finance/ price bid was opened on 29.09.2014 and by a Fax communication dated 14.10.2014, the petitioner was informed that it is declared L1 in the price bid. However, when no letter of acceptance was issued to the petitioner, it made representation on 20.10.2014, 28.10.2014 and 30.10.2014. The meeting of the Tender Committee was held on 31.10.2014 and the letter of acceptance in favour of the respondent no.7 was issued on 05.11.2014.
(3.) A counteraffidavit has been filed on behalf of the respondent BCCL stating that the tender was finalised in a fair and transparent process. The bidder is required to submit price bid as required under Clause 12.2 of the Instructions to bidders. On 07.07.2014, six bids were submitted whereas, on the extended date, that is, 16.07.2014 three bids including the bid of the petitioner were received. Besides that, two revised offers were submitted by the respondent no.7 and one M/s. International Commerce Limited. The Tender Committee in its meeting held on 27.09.2014 decided to open the price bid (Part II) of the seven Techno commercially qualified tenderers and accordingly, on 29.09.2014 the price bids/ offers were opened in presence of the authorised representatives of the tenderers. The price bid of the petitioner contained two separate smaller envelopes attached/pasted with the main envelope of the price bid marked as "Modification Cover" and "Further Modification Cover".;