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IN THE HIGH COURT OF MANIPUR AT IMPHAL
Ahanthem Bimol Singh, J.
M/s Assam Supply Agency A Proprietary Firm Registered Under The Manipur Trade Articles (Licensing And Control) Order/1986 Being Licence No. 366/2001/tl & Anr. - Appellants
Versus
Union Of India & Ors. - Respondents
W.P. (C) No. 179 of 2021
Decided On : 15-11-2021
Trade License - Tender Bids - Manipur Trade Articles (Licensing and Control) - 1986 - 6(d) - Summary of Acts and Sections: The court discussed the validity of a trade license issued to a respondent in connection with tender bids. The court interpreted and applied the conditions prescribed under Para 6(d) of the guidelines, emphasizing the requirement that past experience value should be equal to 50% or more than the value of a particular tender. The court found that the respondent met the eligibility criteria and dismissed the writ petition.
Fact of the Case:
The petitioners sought to quash the acceptance letter related to tender bids for the supply of rations, alleging that the respondent submitted forged documents and failed to meet the past experience value requirement.
Finding of the Court:
The court found that the respondent's trade license was valid and that the respondent met the eligibility criteria for the tender bids. The court dismissed the writ petition.
Issues: Validity of trade license, compliance with past experience value requirement
Ratio Decidendi: The court interpreted and applied the conditions prescribed under Para 6(d) of the guidelines, emphasizing the requirement that past experience value should be equal to 50% or more than the value of a particular tender.
Final Decision: The court dismissed the writ petition, finding that the respondent met the eligibility criteria for the tender bids.
JUDGMENT
Heard Mr. N. Ibotombi, learned senior counsel appearing for the petitioners, Mr. BR Sharma, learned CGSC appearing for the respondents No. 1 & 2 and Mr. L. Shashibhushan, learned counsel appearing for the respondent No. 3.
[2] The present writ petition had been filed with the prayer of quashing the acceptance letter dated 19.02.2021 in so far as, it relates to the private respondent No. 3 in respect of tender No. Q-Fresh/2021-22/Sch-47 dated 06.11.2020 for supply of Group B ration to HQ IGAR(S) and 15 AR under schedule No. 47 for the financial year 2021-22, tender No. Q-Fresh/2021- 22/Sch-48 dated 06.11.2020 for supply of Group C ration to HQ IGAR(S) and 15 AR under schedule No. 48 for the financial year 2021-22, tender No. QFresh/ 2021-22/Sch-55 dated 06.11.2020 for supply of Group B ration to HQ 9 Sector AR and 16 AR under schedule No. 55 for the financial year 2021-22 and tender No. Q-Fresh/2021-22/Sch-56 dated 06.11.2020 for supply of Group C ration to HQ 9 sector AR & 16 AR under schedule No. 56 for the financial year 2021-22.
[3] According to the petitioners, they are registered proprietorship firm registered under the Manipur Trade Articles (Licensing and Control) licensing order/1986 having licence No. 366/2001/TL and licence No. 353/2K/TL respectively.
[4] The Director General of Assam Rifles, Shillong Meghalaya, who is the respondent No. 2 herein, issued different notices bearing No. Q-Fresh/2021- 22 dated 06.11.2020 inviting electronic bids (online/e-tender) under 2 (two) bids system, i.e., technical bids and cost bids for supply of Group B ration (Vegetable) under schedule No. 47 and Group C ration (non-vegetable) under schedule No. 48 to HQ IGAR (south) including No. 12 Field Workshop Assam Rifles, S & T Coy of No. 4 MGAR Bn. HQ 15 Assam Rifles including 2 (two) Rifle Coys at Mantripukhari, Assam Rifles Transit Camp at Minuthong and four COBS of 15 (fifteen) Assam Rifles at Yaingangpokpi (YKPI), Chingmeirong, Sawombung, Koirengei and one TOB at Sagolmang during the financial year 2021-22. The tender value in respect of Group B ration under schedule No. 47 is Rs. 1,75,98,000/- (Rs. One crore seventy five lakh ninety eight thousand) only and the tender value in respect of Group C ration under schedule No. 48 is Rs. 3,58,47,000/- (Rs. Three Crore fifty eight lakh forty seven thousand) only.
[5] The respondent No. 2 also issued different notices bearing No. QFresh/ 2021-22 dated 06.11.2020 inviting electronic bids (online/e-tender) under 2 (two) bids system, i.e., technical bids and cost bids for supply of Group B ration (vegetable) under schedule No. 55 and Group C ration (nonvegetable) under schedule No. 56 to HQ 9 sector Assam Rifles, Bn. HQ 16 Assam Rifles including 2 (two) Rifle Coys and No. 4 Workshop Assam Rifles at Keithelmanbi, 3 (three) COBs at Singjamei, Chanchipur & Lilong during the financial year 2021-22. The tender value in respect of Group B ration under schedule No. 55 is Rs. 92,03,000/- (Rs. Ninety two lakh three thousand) only and the tender value in respect of Group C ration under schedule No. 56 is Rs. 2,13,80,000/- (Rs. Two crore thirteen lakh eighty thousand) only.
Altogether 4 (four) firms including the present petitioners and the respondent No. 3 herein submitted their tender bids in respect of supplying Group B and Group C rations under schedule Nos. 47, 48, 55 & 56.
[6] The guidelines/procedures for submissions of the bids in respect of the aforesaid NIT were also published and in paragraph 6 of the said guidelines, the documents required to be submitted/ uploaded by the tenderers/ bidders in connection with their technical bids are elaborately given. Under paragraph 6 (d) of the said guidelines, it is provided as under:-
(d) Past Experience/Performance Certificate. Past experience/performance issued by Army/Central Paramilitary forces/Central Govt/State Govt. Departments for three year
AI
The court emphasized the requirement that past experience value should be equal to 50% or more than the value of a particular tender, as prescribed under Para 6(d) of the guidelines.
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