Prescription of pre-qualification criteria by the Andhra Pradesh Power Generation Corporation Limited (APGENCO) at variance with the guidelines issued by the Central Electricity Authority (CEA) is called in question.

2. The APGENCO invited pre-qualification bids for selection of qualified bidders for execution of Engineering, Procurement and Construction (EPC) contracts for Balance of Plant (BoP) works for its 1 x 600 MW Coal Fired Thermal Power Station at Kakatiya Thermal Power Plant (TPP) Stage-II in Chelpur Village, Ghanapuram Mandal, Warangal District and its 1 x 600 MW Rayalaseema TPP Stage-IV in Kadapa District, Andhra Pradesh. This invitation to offer was posted on the website of the APGENCO on 25.08.2009 and was published in Hindu English daily newspaper on 29.08.2009. Responding thereto, eight bidders, including the petitioner company, submitted their bids before the closing date, 10.09.2009. The notification specified the following eligibility criteria, amongst others:

“2.1. The bidder should have executed contracts on an Engineering, Procurement and Construction (EPC) basis for at least one (1) no. Coal Based/Lignite Based/Gas Based Combined Cycle Power Plant