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2023 Supreme(Del) 4793
IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
M/s Naagar Infrastructure Pvt. Ltd. – Appellant
Versus
Govt. of NCT of Delhi & Ors. – Respondents
W.P.(C) 6240 of 2023 & CM APPL. 28066 of 2023
Decided On : 03-07-2023
Dr. Amit George, Mr. Shreeyash, Mr. U. Lalit, Mr. K. Alehay, Mr. Amol Acharya, Mr. A. Bhamik, Mr. R. Bharat and Ms. Piyo Jaiman, Advocates, for the Petitioner.
Mr. Vineet Dhanda, CGSC with Ms. Prerna, GP; Mr. Vinay Yadav, Ms. Gurleen Kaur and Mr. Hussain Taqvi, Advocates, for the UoI.
ACP Manoj Pant, SI Hemant, ASI.
Vijender Singh, Advocates, for the Respondent.
The decision of the tendering authority should not be interfered with unless it is so arbitrary or irrational that no responsible authority acting reasonably and in accordance with law could have reached it.
Headnote:
BIS Certificate - Tender Bid - [12 MP CCTV Camera, Network Video Recorder] - The court discussed the BIS certificates issued for the equipment and highlighted the arbitrariness in the evaluation process by the Respondent No.3. The court emphasized the importance of fairness and non-arbitrariness in tender evaluation, citing relevant legal provisions and precedents.
Fact of the Case:
The Petitioner seeks to challenge the decision of the Respondents in not permitting it to participate in a tender bid for upgradation of CCTV camera system and supply of additional cameras in police stations. The Petitioner had submitted a BIS certificate with its bid, which was later withdrawn and reissued with the same specifications.
Finding of the Court:
The court found that the decision of the Respondents in not permitting the Petitioner to participate in the tender bid was arbitrary and violative of Article 14 of the Constitution of India.
Issues: The main issue was the validity of the BIS certificate submitted by the Petitioner and the arbitrariness in the evaluation process by the Respondent No.3.
Ratio Decidendi: The court emphasized the importance of fairness and non-arbitrariness in tender evaluation, citing relevant legal provisions and precedents. It highlighted that the decision of the tendering authority should not be interfered with unless it is so arbitrary or irrational that no responsible authority acting reasonably and in accordance with law could have reached it.
Final Decision: The Writ Petition was allowed, and the Respondents were directed to consider the financial bid of the Petitioner.
JUDGMENT
Subramonium Prasad, J. Vide the present petition the Petitioner seeks to challenge the decision of the Respondents herein in not permitting the Petitioner to participate in the Tender Bid No. GEM/2022/B/2792373, issued by the Respondent No.3 herein for upgradation of existing CCTV Camera system and for Supply Installation, Commissioning and Maintenance of additional CCTV cameras in 208 police stations of Delhi Police (hereinafter referred to as `the tender in question').
2. The Petitioner has sought for the following reliefs in the present Writ Petition:
"(a) Issue a writ in the nature of a mandamus to permit the Petitioner to participate in the Tender Bid No. GEM/2022/B/2792373; and
(b) Pass any further appropriate order, direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
3. The Petitioner herein is a digital equipment manufacturer and supplier. It is stated that Respondent No.3 issued the tender in question and the Petitioner herein submitted its bid on 22.02.2023 offering the following products:
[IMG]
4. It is stated that along with the bid, the Petitioner had supplied a Bureau of Indian Standard (BIS) certificate dated 12.05.2022, issued to the Original Equipment Manufacturer (hereinafter referred to as `the OEM'). It transpires that the BIS certificate given by the OEM was withdrawn on 31.03.2023 and a fresh BIS certificate was issued to the OEM on 06.04.2023.
5. Material on record discloses that on 01.05.2023 a query was raised by the Respondent No.3 to the Petitioner herein regarding the BIS certificate issued to the OEM and the following clarification was sought for:
| Sl. No. | Equipment name & Technical Specifications | Document/clarification required |
| 1 | 2 MP CCTV Camera: | The bidders may submit undertaking specifically mentioning that: |
| Point No.14 - Minimum 03 Video Stream | The offered CCTV Camera (CP-UNC-TC21ZL6C-VMDS) have `minimum 03 video stream'. | |
| Point No.21 - Audio Interface - Built in Mic and External Microphone | Audio Interface for Built-In Mic. and External Microphone as per tender's requirement and the same will be demonstrated in POC. | |
| Network Video Recorder: | ||
| Point No. 16: Bandwidth Throughput: it should support minimum 1200 Mbps throughput Bandwidth to access, record, storage, play back for 16 channel or 32 Channel and forwarding etc. | The offered Network Video Recorder model CP-UVS-6167R has Mbps throughput bandwidth to access, record, storage, playback for 16 or 32 Channel and forwarding etc. | |
| Point No.25: Certification - BIS | On checking the registrations of offered NVR model CP-UVS-6167R on BIS sites, it has been observed that the model has been withdrawn by Manufacturer on 31.03.2023 which was found registered on 12.05.2022 against R. number R-60000302 for which BIS certificate submitted in compliance (printout enclosed). Therefore, the bidder asked to submit the clarifications/reply of OEM duly certified bidder along with BIS test report in this regard. | |
| Point No.23 - Protocols **** | As per pre-qualification criteria {clause 13(a) (g)}, the offered product must be ONVIF compliant but on verification on the ONVIF site, it has been observed that the offered NVR model CP-UVS-6167R is not available in the list of conformant products (Printout enclosed). Therefore, bidders asked to submit the clarification/reply of OEM duly certified by bidder along with ONVIF certificate in this regard. |
6. On 02.05.2023, the Petitioner herein replied to the query raised by the Respondent No.3 informing about the fresh BIS certificate which had been issued by the BIS to the OEM on 06.04.2023. The reply of the Petitioner reads as under:
"Name of Work: "Up-gradation of existing CCTV Camera System and supply, installation, commissioning and maintenance of additional CCTV Camera System in 208 Police Stations of Delhi." Bid No. - GEM/2022/B/2792373 Dated: 28-11-2022 Sub: Bidder Reply against the observations/query marked during the meeting via Technical Committee dtd. 25.04.2023 at Conferenc
