Prashant Kumar, J. - (1.) This application has been filed for quashing the decision of the Departmental Tender Committee dated 12.06.2015, whereby and whereunder the tender issued vide "Re -e -Procurement Notice" dated 26.12.2014 has been cancelled. Petitioners further prayed for issuance of a writ in the nature of mandamus commanding the respondents to proceed in the matter of allotment of work pursuant to "Re -e -Procurement Notice" dated 26.12.2012 as per the terms and conditions mentioned under the e -Procurement Portal of the State of Jharkhand framed for submission of on -line tender. It is further prayed that a direction be issued commanding the respondents to open the price bid of successful bidder and to allot the work in question to the petitioners Joint Venture, if the bid of the petitioners is found most competitive.
(2.) It appears that the Water Resources Department of the State of Jharkhand had invited tender through "Re -e -Procurement Notice" dated 26.12.2014 for the following work: - - "(1) The work involves preparation of detail project report (DPR) consisting of survey design drawing specification etc. for laying of MS Pipe lined with 25 mm thick cement mortar conduit pipe line parallel to 34.50 Km. long Tenu -Bokaro Canal having capacity to deliver 300 (Three hundred) cusecs discharge from Tenughat reservoir/Dam to cooling pond of Bokaro Steel Plant, SAIL, Bokaro, Jharkhand including intake structures and other required structures as per site condition for road crossing river/nala crossing, outlets etc. (2) Complete construction of all the required works to ensure 300 cusecs discharge to cooling pond of Bokaro Steel Plant and its commissioning as per approved DPR of this work. Making proper arrangement for supply of drinking water and supply of irrigation water at different points as provide in the existing Tenu -Bokaro Canal."
(3.) In response to the aforesaid notice, altogether six Companies, including the petitioners, participated in the tender process. It is further stated that the technical bid of all the participants opened and the Departmental Tender Committee evaluated the technical bid of all the six bidders on 01.06.2015. In the said evaluation the technical bids of three bidders namely (i) M/s. Saisudhir Infrastructure Limited; (ii) Max Infra BRCCPC JV; and (iii) Shri Awantika Contractors (I) Limited, were not found to be responsive, therefore, their technical bids rejected. In the aforesaid decision, three tenderers namely (i) Megha Engineering and Infrastructure Limited; (ii) NCC Limited and (iii) GKC - PEL - UNITY JV (Petitioners) have been found responsive. It is stated that the technical bid of Megha Engineering and Infrastructure Limited was wrongly declared responsive by respondents - State of Jharkhand, as the aforesaid Company has not furnished the bank guarantee for the period mentioned in e -Procurement Portal. It is stated that the validity period of the bank guarantee furnished by aforesaid Company was only up to 03.12.2015, whereas e -Procurement Portal required that the bank guarantee should remain valid till 29.04.2016. It is stated that thereafter petitioner filed a representation before the Engineer -in -Chief -(I) (respondent No. 2) stating therein that Megha Engineering and Infrastructure Limited has been wrongly declared responsive by the Department. It appears that petitioner's representation as well as representations of the other bidders were considered by the Departmental Tender Committee on 12.06.2015 and it was found that there is contradiction in the terms and conditions mentioned in e -Procurement Portal and in the NIT with regard to the bid validity period. The Committee found that in the e -Procurement Portal the bid validity period was mentioned as 365 days, whereas in Clause -21 of the NIT, it was mentioned as 180 days. Accordingly, the Committee decided to cancel the tender vide its Resolution dated 12.06.2015 (Annexure -12). The aforesaid decision of the Departmental Tender Committee has been challenged in this writ application.;