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IN THE HIGH COURT OF DELHI AT NEW DELHI
S. RAVINDRA BHAT, A.K. CHAWLA, JJ.
Shakti Jan Sudhar Samiti and Others – Petitioners
Versus
Govt. of NCT of Delhi and Others – Respondents
W.P. (C) No. 5909 of 2018 and CM Application Nos. 23027-23028 of 2018
Decided On : 29-05-2018
Tender Conditions - Eligibility Criteria - NIT dated 23/24.02.2018, NIT dated 23/24.2018, NIT dated 14/15.05.2018 - The court discussed the changes in eligibility criteria, financial thresholds, and similar works prescribed in the Notice Inviting Tender (NIT) issued by the respondent-Delhi Urban Shelter Improvement Board (DUSIB) for toilet cleaning services in Jan Suvidha complexes in Delhi. The court highlighted the reasons given by DUSIB for increasing the financial threshold and the introduction of mechanized technology for cleaning purposes. It also addressed the petitioner's objection regarding non-compliance with Central Vigilance Commission (CVC) guidelines and concluded that the drafting of eligibility conditions was not unreasonable or arbitrary.
Fact of the Case:
The writ petition challenges the tender conditions issued by the respondent-Delhi Urban Shelter Improvement Board (DUSIB) regarding the Notice Inviting Tender (NIT) for toilet cleaning services in Jan Suvidha complexes in Delhi. The petitioner objects to the eligibility conditions, especially those related to similar works and minimum financial turnover.
Finding of the Court:
The Court found that the changes in eligibility criteria and financial thresholds in the NIT were not unreasonable or arbitrary, considering the radical changes proposed by DUSIB for the cleaning of toilets as a public facility. The Court also addressed the petitioner's objection regarding non-compliance with Central Vigilance Commission (CVC) guidelines and concluded that the drafting of eligibility conditions was not unfair.
Issues: The issues revolved around the changes in eligibility criteria, financial thresholds, and similar works prescribed in the NIT, as well as the petitioner's objection regarding non-compliance with Central Vigilance Commission (CVC) guidelines.
Ratio Decidendi: The Court held that the changes in eligibility criteria and financial thresholds in the NIT were not unreasonable or arbitrary, considering the radical changes proposed by DUSIB for the cleaning of toilets as a public facility. The Court also concluded that the drafting of eligibility conditions was not unfair, addressing the petitioner's objection regarding non-compliance with Central Vigilance Commission (CVC) guidelines.
Final Decision: The Court dismissed the writ petition, holding that there was no merit in the petitioner's claims.
S. RAVINDRA BHAT, J.
1. This writ petition challenges the tender conditions issued by the respondent-Delhi Urban Shelter Improvement Board (DUSIB). The Notice Inviting Tender (NIT) in this case is with respect to elicited bids for free user charge basis tenders from eligible parties, for the purpose of toilet cleaning in the Jan Suvidha complexes, in the city of Delhi. The petitioner objects to some of the eligibility conditions, especially those, which relate to similar works and minimum financial turnover.
2. The petitioners are non-Government organizations, who provide the same service i.e. toilet, maintenance and cleaning in the complexes owned by the DUSIB. Under the existing arrangement, the users are charged nominal amounts. The agency such as the petitioner is given fixed rate per toilet seat charges on monthly tenure basis. As against that, the DUSIB by the new NIT proposes to provide the same services free of charge to the users. The petitioner relies on a tabular chart, produced in its pleadings, with respect to the conditions impugned in this case. The said tabular statements are reproduced below:
“ELIGIBILITY CRITERIA:-
| Prior to NIT dated 23/24.02.2018. | NIT dated 23/24.2018 | NIT dated 14/15.05.2018 |
| Firms/NGOs, having experience in the field of Operation, Management and Maintenance of Jan Suvidha Complexes (minimum 100 WCs) or similar housekeeping work including toilets for a minimum period of one year. | The bidders who fulfil the following requirements shall only be eligible for participation in the tender for said work:- (A) Experience of having successful completed following works during last 7 years - Three similar completed works, each costing not less than the amount equal to 40% of estimated cost put to tender. | (A) Experience of having successful completed following works during last 7 years - Three similar completed works, each costing not less than the amount equal to 40% of estimated cost put to tender. |
| Two similar completed works, each costing not less than the amount equal 60% of the estimated cost put to tender. | Two similar completed works, each costing not less than the amount equal 60% of the estimated cost put to tender. | |
| One similar completed work of aggregate cost not less than the amount equal to 80% of the estimated cost put to tender. | One similar completed work of aggregate cost not less than the amount equal to 80% of the estimated cost put to tender. | |
| (B) One completed work of similar nature costing not less than the amount equal to 40% of the estimated cost put to tender with some Government Departments/ Autonomous Bodies/ Public Sector Undertakings during the last 7 years. | (B) One completed work of similar nature costing not less than the amount equal to 40% of the estimated cost put to tender with some Government Departments/ Autonomous Bodies/ Public Sector Undertakings during the last 7 years. | |
| (Regarding the above conditions-A & B of Eligibility Criteria in respect of Experience of work, it is clarified that any agency/consortium having executed one completed Govt. work of similar nature costing equal to 40% of the estimated cost put to tender or more, to be considered under the Eligibility Criterion-A, the Eligibility Criterion-B shall not be required to be fulfilled by that agency/consortium separately) |
From the aforesaid comparative table it is amply clear that the motive and purpose for inserting the terms and conditions in NIT to favour a certain company and to oust the petitioners and other similarly situated NGOs from the work of ‘Operation, Management and Maintenance’ of Jan Suvidha Complexes within jurisdiction of N.C.T. of Delhi.
Change in Clause 23 of the NIT Terms and Conditions:-
| NIT dated 23/24.02.2018 | NIT dated 14/15.5.2018 |
| 23. | |
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