JUDGMENT AND ORDER (ORAL)

Heard Mr. K.K. Mahanta, the learned Senior Counsel assisted by Mr. K.M. Mahanta, the learned counsel appearing on behalf of the Petitioners. Mr. K.P. Pathak, the learned Standing Counsel appears on behalf of the Respondent Nos. 1 to 5.

2. The present writ petition has been filed by the Petitioners assailing the Speaking Order bearing Letter No. CGM (D&S) / APDCL /LAR / HPCL, Kamardanga/2025-26/88 dated 09.03.2026, as well as the Notice Inviting Tender/Re-tender vide NIT dated 10.03.2026, published on 11.03.2026, and seeking other consequential directions.

BRIEF FACTS

3. The brief facts which led to the filing of the present writ petition are that the Respondent No. 1 through the Chief General Manager (D&S), APDCL issued a Notice Inviting Tender dated 11.09.2025 for “Construction of 33 kV Dedicated Feeder from 220 kV Salakati GSS to HPCL Project at Kamardanga under Basugaon ESD under Deposit Work Scheme on Full Turnkey Mode. The estimated cost of the project was Rs. 12,49,12,131/- and the period for completion of the said project was 180 days from the date of issuance of the work order. The said Bid Document contained various Sections.

4. Section-I to the Bid Document is the Notice Inviting Tender which stipulated the Tender Download Start Date to be 12.09.2025; Pre-Bid Meeting Date up to 14:00 Hrs. on 16.09.2025; Bid Submission Start date on 19.09.2025; Bid Submission End Date up to 16:00 hours on 25.09.2025 and the Technical Bid Opening Date on 26.09.2025. It is categorically mentioned in Note No. 2 of Section-I of the Bid Document that the bids must be submitted electronically through e-Tender portal www.assamtenders.gov.in in 2 (two) parts as Techno-Commercial bid and Price bid. Apart from that, a copy of the technical bid has to be submitted in a sealed envelope subscribing: a) Tender No; b) Name of the bidder with full address. It further stipulated that only bidders who were found acceptable in Part-I Bid (technical) with adequate bid capacity, shall be considered for opening of the Price bid. The date and time of opening of the Part-II Bid (Price) shall be communicated to those bidders whose bids are qualified for opening.

5. Section-II of the Bid Document is with the heading “Tender Inviting Proposal”. The said Section-II contains various terms and conditions. Clause 5 of Section-II stipulated the “Basic Qualifying Requirements”. Sub-Clause A of Clause 5 of Section-II is in relation to “Technical”; Sub-Clause B of Clause 5 of Section-II relates to “Financial” and Sub-Clause C of Clause 5 of Section-II is the “Bid Capacity”. Clause 6 of Section-II stipulates the requirement of entering into an Agreement by the successful bidder within 7 (seven) days from the date of issuance of the detailed work order (LoA), failing which, the LoA shall be treated as cancelled without further communication from APDCL. Clause 6 of Section-II of the Bid Document being relevant is reproduced herein under:

“6. Agreement:

The successful bidders shall have to enter into an agreement with APDCL within 7(seven) days from the date of issue of detailed work order (LOA) failing which the LOA shall be treated as cancelled without further communication from APDCL end.”

6. Clause 7 of Section-II of the Bid Document is in respect to “Performance Guarantee” and the requirement for submission of the performance guarantee is to the tune of 10% of the contract value at the time of execution of the agreement. The performance guarantee has to be valid for a period of 60 (sixty) days beyond the stipulated date of completion of the project as per LoA. Clause 8 of Section-II refers to the Additional Performance Guarantee in the case of Abnormally Low Bid (ALB). The said Clause 8 of Section-II of the Bid Document being relevant is reproduced herein under:

“8. Additional Performance Guarantee in the event of ALB:

In the event that an Abnormally Low Bid has been accepted for award of contract, the successful bidder shall be required to sub