Point of Law: Tender process – Bids - Preliminary screening is for checking completeness of documents and all similar experience in specialized works. If and only if, a tenderer is qualified through these Preliminary and Secondary screening, Price Bid is opened of that qualified tenderer.

ORDER :

J.B.PARDIWALA. J.

1. The learned counsel appearing for the writ applicant proposes to amend the writ application by filing the draft amendment. By way of draft amendment the writ applicant proposes to implead (1) the State of Gujarat, Industries and Mine Department, (2) the Commissioner of Industry, Industry Commissioner Office and (3) M/s. Apex Constructions, Kheda (the Company in whose favour the work order has already been issued) as party respondents. However, as we are not inclined to entertain this writ application having regard to the specific stance of the respondent No.2 as reflected from the affidavitinreply, allowing the draft amendment would be a futile exercise.

2. By this application under Section 226 of the Constitution of India the writ applicant has prayed for the following relief :

“(A) Your Lordship may be please to allow the present petition.

(B) Your Lordship may be pleased to issue writ of mandamus or any other appropriate writ in nature of mandamus directing Respondent authority to set aside the decision taken dated 17.03.2021 and not opened the price bid of the petitioner at Annexure A and al so set aside the tender process adopted by the authority and direct authority to examine the documents submitted through Etender process as per Annexure D and open the price bid of petitioner being tender Id446569 at Nandesari G.I.D.C in the interest of justice.

(C) Your Lordship maybe Please to pending admission hearing final disposal of the matter stay the further tender process of tender ID 446569 OF Nandesari GIDC and stay the communication dated 17.03.202 at Annexure A.

(D) Your Lordship may be pleased to pass such an other relief in the interest of justice.”

3. It appears from the materials on record that the respondent No.1 – the Gujarat Industrial Development Corporation issued a tender notice inviting bids from the interested parties to undertake the work of diversion of storm water drain at the GIDC estate, Nandesari with free maintenance guarantee for a period of five years. The estimated contract value (INR) is 127,332,800.00 (Twelve crores seventy three lakhs thirty two thousand eight hundred Only). The writ applicant herein offered his bid pursuant to the notice of the tender. The respondent No.2 undertook the exercise of the scrutiny of the bids received from different parties.

4. It appears that during the course of the examination of the papers submitted by the writ applicant it was noticed that the writ applicant is not technically qualified or does not possess the technical competitiveness of the bid. In such circumstances, the respondent No.2 by a written communication dated 17.3.2021 informed the writ applicant that the tender was not being opened due to lack of competitiveness of the bid. In such circumstances referred to above, the writ application came before this Court with the present writ application.

5. We have heard Mr. Dharmesh V. Shah, the learned counsel appearing for the writ applicant and Mr. Paras K. Sukhwani, the learned counsel appearing for the respondent No.2 – Nandesari Industries Association. Mr. Sukhwani invited the attention of this Court to few relevant averments made in the affidavitinreply filed on behalf of the respondent No.2. We quote the relevant averments :

“(a) Tender System & its Proceedings:

tender; of construction works more than Rs.10/Crore, Three Bid cover System is adopted by Government Department wherein the Bidder is required to submit (i) Technical Bid and (ii) Price Bid on web portal and (iii) to provide all PreQualification documents in physical form at Employer's office in next couple of days after uploading the tender on web. There are two types of screening after opening the physical Technical bid. The First one, Preliminary screening is for checking completeness of documents including Company Credentials, Prequalification Statements, Financial capacity/turnover, experience details, MoU/J.V in order etc. The Secondary screening is for assessing str