S.J.MUKHOPADHAYA, A.C.J. - (1.) THE petitioner, having disqualified the 1st stage from taking part in the tender process, has challenged the entire process of selection.
(2.) IT appears that a Notice Inviting Tender was issued by the respondent - State of Jharkhand in October, 2005 for construction of Section -VII of six lane - Ranchi, Ring Road (Katihar 11th NH -75 to Karma 114th Km NH -33) including Bridges, Culverts, Flyovers and Elevated Cross Roads etc. Apart from experience, the following particular construction experience was made one of the pre - condition: 3.3 Experience and Turnover 3.3.1 Experience (a) The applicant shall provide documentary evidence of having been actively engaged in the civil works construction business during the last five years in the role of prime contractor or partner in joint venture of subcontractor. (b) Particular construction experience: The Applicant shall provide evidence that it has successfully completed or substantially completed within the last seven years (commencing from the year 1998 -99) at least one Contract pertaining to highways/ airport runway with Hot Mix Plant and other related construction equipments and Bridges/Flyovers/ ROBs whose value is at least Rs. 80.0 Crores including at lest Rs. 50.0 Crores worth of Highway component and at least Rs. 30.0 Crores worth of Bridges/Flyovers/ROBs component Two separate contracts, one contract pertaining to highways/airport runway with Hot Mix Plant and other equipments worth Rs. 50.0 Crores and another contract pertaining to Bridges/Flyovers/ROBs worth Rs. 30.0 Crores, would also be treated as equivalent to the minimum eligibility criteria mentioned above. The works may have been executed by the Applicant as prime contractor or proportionately as member of joint venture or sub contractor. As sub contractor, he should have acquired the experience of execution of all types of pavement layers. Substantially completed works means those works which are at least 90% completed as on the date of submission (i.e. gross value of work done up to the last date of submission is 90% or more of the original contract price) and continuing satisfactorily. For these, a certificate from the employer shall be submitted along with the application incorporating clearly the name of the work, Contract value, billing amount, date of commencement of works, satisfactory performance of the Contractor and any other relevant information. In case a project has been executed as a JV by two or more firms, weightage towards experience in the Project would be given to the JV partners in proportion to their participation in the Joint Venture. The escalation factors as mentioned in para 3.2 shall be applied on the cost of completion . The petitioner filed its application paper for pre -qualifying tender but it was not accepted on the ground that petitioner failed to place any evidence that it had successfully completed or substantially completed at least one contract pertaining to highways/airport runway and other related construction equipment and Bridges / Flyovers worth minimum of Rs. 80.00 Crores including at least Rs. 50.00 Crores worth of Highway component and at least Rs. 30.00 Crores worth of Bridges/ Flyovers.
(3.) SIMILAR plea has been taken by the respondents in their counter affidavit.;