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ROHIT B. DEO, Y. G. KHOBRAGADE
P. M. S. And S. T. C. Jv – Appellant
Versus
Western Coal Fields Ltd – Respondent
JUDGMENT
Y.G.KHOBRAGADE, J. - Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.
2. In the present petition, the petitioner has questioned communication dtd. 12/05/2022 issued by respondent No.1-W.C.L., thereby disqualifying the tender bid of the present petitioner for not fulfilling the criteria of experience as per Notice Inviting e-Tender (NIT)
3. It is not in dispute that on 17/12/2021, respondent No.1-WCL published e-tender notice No.47/2021-22 for loading and transporting of coal from Ghonsa OCM of Wani North Area. As per the tender notice, on fulfilling of required criteria, the bidders had to submit their tender bids till 01/01/2022 up to 5:00 p.m. Thereafter, the said bids were to be opened on 03/01/2022.
4. As per the tender form, the successful bidders were to execute job as described in Part-A and Part-B as under : Part -A :
Job-1 : Transportation of coal, loaded by hired pay loader, from coal stock yard, Heap No.3 of Ghonsa OC Mines to CHP Feeder breaker of Ghonsa OCM and unloading the same at CHP/fidder breaker by hired tippers.
Job-2 : Transportation of crush coal from CHP/fidder breaker of Ghonsa OCM to Wani Railway si
The central legal point established in the judgment is the interpretation and application of the work experience criteria as per the tender form, particularly in the context of joint venture partners....
Compliance with tender document requirements, including transportation experience, is crucial and cannot be overlooked based solely on lower financial bid rates.
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
Experience of a firm is not in its entirety attributable to each individual partner, but attributable only to the collective effort of all partners concerned.
Adherence to tender eligibility criteria is crucial, and experience from joint ventures does not qualify as single entity experience as per prescribed definitions in the tender documents.
The court emphasized the mandatory nature of tender conditions and upheld the decisions of the Tender Evaluation Authority and the Appellate Authority, emphasizing the settled legal position that the....
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