IMPORTANT POINT
A bidder must demonstrate work experience 'in his own name' as per tender requirements; failure to hear a necessary party warrants review.

JUDGMENT :

MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. I. Chowdhury, learned Senior Counsel assisted by Mr. T. Das, learned counsel for the review petitioner in Review Petition No.170/2024 arising out of order dated 29.08.2024 allowing WP(C) No. 4034/2024. Also heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. P. Buttan, learned counsel for the writ petitioner in WP(C) 4789/2024 and respondent no.1 in the review petition. Mr. B. Gogoi, learned counsel appears for the PWD in Review Petition no.170/2024 and WP(C) 4789/2024.

2. The two cases are being disposed of by this common judgment and order in view of the fact that the issue that has arisen pertains to the NIT dated 23.02.2024, for “Construction of Dedicated Training, Monitoring, Administrative Centre “Swasthya Bhawan” (2B+G+8) Storeys at Sixmile, Guwahati (Assam) involving Civil, MEP Works, External Development Works, Ancillary Buildings and including Operation & Maintenance (O&M).”

3. The facts of the case is that the review petitioner and the writ petitioner had both participated in the NIT for the above contract work, by submitting their bid documents before the last date fixed for submission of bids, that was 15.03.2024. The Technical Bids of the tenderers were then opened on 14.06.2024.

4. The writ petitioner “M/s Badri Rai & Company’s” Technical Bid was disqualified on 01.08.2024, vide the Bid Evaluation Committee meeting minutes dated 01.08.2024, on the ground that discrepancies were found between the submitted credential documents in respect of the work experience criteria required under Clause 2 of the Instructions to Tenderers (ITT). The Bid Evaluation Committee having come to a finding that the writ petitioner had misrepresented facts in their bid documents, the writ petitioner’s Technical Bid was disqualified as per Clause 6(a) of the ITT.

The relevant portion of the bid evaluation committee meeting minutes dated 01.08.2024 states as follows:

“Committee gone through the documents thoroughly and found discrepancies in between the submitted credentials documents for support of Work, Experience criteria as per ITT Clause No. 2 by M/S Badri Rai & Company Station Road PO Duliajan- 786602 Dist-Dibrugarh Assam along with their bid, with the information from Meghalaya PWD After threadbare discussion the Bid Evolution Committee found that the bidder namely Mrs. Badri Rai & Company: Station Road, P.O. Duliajan 786602 Dist Dibrugarh Vesain has misrepresented their documents. Therefore committee decided to technically disqualify the bidder as per ITT Clause No. 6(a).”

5. The Financial Bids of the remaining valid tenderers were opened on 05.08.2024, wherein the bid of the review petitioner, i.e. “M/s Tribeni Construction Ltd.” was found to be the lowest, i.e., L1.

6. The writ petitioner being aggrieved by the disqualification of it’s Technical Bid, vide the Bid Evaluation Committee meeting minutes dated 01.08.2024, put the same to challenge vide WP(C) 4034/2024. The writ petitioner’s case in WP(C) 4034/2024 was that the writ petitioner had all the requisite experience criteria required of a valid tenderer, as the writ petitioner fulfilled the requirements of Clause 2(a)(i), 2(b)(i) and 2(b)(ii) of the work experience clause provided in the qualifying criteria for the works contracts under Clause-2 of the ITT.

7. The work experience required of a tenderer in terms of Clause 2 states as follows:-

“ WORK EXPERIENCE

a) Similar Works Experience

The Bidder should have completed in his own name or proportionate share as a member of a Joint Venture,

i. at least one (80% of Estimated cost) similar work of minimum value of Rs. 150.761 Crore during the last 7 (Seven) years prior to the last stipulated date for submission of the Bid

OR

ii. at least two (60% of Estimated cost) similar works each of minimum value of Rs. 113.07 Crore