Tender evaluation criteria must be clear, and ambiguities are construed against the drafter. Valid experience certificates from relevant entities must be considered in determining bid responsiveness.

JUDGMENT

1. The petitioner has filed the present petition seeking substantially the following reliefs.

"

a. Quash and set aside the impugned communication dated 20.05.2021 issued by the Respondent No. 2 insofar it fails to include the Petitioner in the "Envelope Name: Price Bid";

b. Quash and set aside the impugned e-mail communication dated and 21.05.2021 issued by the Respondent No. 2 to the Petitioner;

c......

d. Stay further process with respect to Open Tender NIT/Bid Doc. No.:- EESL/06/2020-21/KUSUM/WPS/1- 10 HP/Off Grid/202101032 dated 14.01.2021 issued by the Respondent No. 2;

e......

f. Direct the Respondent No. 2 to provide reason(s) for rejection of Technical Qualification bid of the Petitioner and seek clarifications from the Petitioner; if any;

g......"

2. The case of the petitioner is that the petitioner is a Joint Venture (JV) engaged in the business as an EPC agency for executing sub-Station, EHV Line Projects, Civil / Mechanical Works of Generation Projects upto 765 kV class and Mega Watt, Rooftop Scale and On Grid / Off-Grid Projects in India. The Petitioner is also stated to be one of premium solar panel manufacturers in India.

3. The respondent is Energy Efficiency Services Limited (EESL) and is a Super Energy Service Company (ESCO), which helps consumers, industries and governments to effectively manage their energy needs through energy efficient technologies. EESL was founded in 2009, promoted by Ministry of Power, Government of India as a Joint Venture of four reputed public-sector undertakings, namely, a) NTPC Limited, b) Power Finance Corporation Limited, c) REC Limited, and d) POWERGRID Corporation of India Limited.

4. On 14.01.2021, the respondent issued Detailed Invitation for Bids (IFB) for design, manufacture, supply transport, installation, testing and commissioning of Off Grid Solar Photovoltaic Water Pumping Systems of 1-10 HP in Selected States on PAN India basis, including complete system warranty and its repair and maintenance for 5 Years under MNRE KUSUM scheme Component-B.

5. Respondent invited e-bids from eligible bidders for the aforesaid work under Single-stage Three-envelope bidding process through E-tendering.

6. Pursuant to the IFB dated 14.01.2021, petitioner submitted its bid vide the E-tendering process, as per the format prescribed by the respondent. As per the requirement, the petitioner submitted on 18.02.2021, its electronic bid.

7. Vide an amendment No. 3 dated 17.02.202; the date of online bid submission was extended till 19.02.2021. On 03.03.2021, the Technical Qualification bids were opened by Respondent No.2 and the petitioner's bid was rejected. Consequently, the petitioner was not included in the "Envelope Name: Price Bid". Vide communication dated 20.05.2021, the petitioner learnt that his technical bid had been rejected. 35 bidders were qualified in the technical bid, out of a total of 65 bidders.

8. Aggrieved by the said communication, the petitioner on the same date i.e. 20.05.2021 addressed a communication to the respondent EESL to seek clarification of the status of petitioner's bid. Subsequent to the said communication, respondent EESL on 21.05.2021 vide an auto- generated response, informed the p