W.P.(C) 5742/2022

Page 1 of 11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

Date of Decision: 03.06.2022

%

W.P.(C) 5742/2022 & CM APPL. 17169/2022

A2Z INFRASERVICES LIMITED & ANR.

..... Petitioners

Through:

Mr. Sudhir Sharma with Mr. Mohit

Bakshi and Mr. Pranshu Paul, Advs.

versus

CENTRAL WORKS PUBLIC DEPARTMENT

& ORS

...... Respondents

Through:

Mr. Chetan Sharma, ASG with

Mr.Vijay Joshi, Mr. Sushil Kumar

Pandey, Mr. Amit Gupta and Mr.R.K.

Rastogi, Advs. for R-1 and R-2.

Mr. Milanka Chaudhary with Ms.

Naina Dubey and Ms. Surbhi Gupta,

Advs. for R-3.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE SACHIN DATTA

VIPIN SANGHI, ACJ. (ORAL)

1.

The petitioner has preferred the present writ petition to assail the

technical disqualification of the petitioner in respect of the tender floated by

the respondent Central Public Works Department (CPWD) for „Automated

Housekeeping and Preventive Maintenance of Building & Furniture at

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002294

W.P.(C) 5742/2022

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Parliament

Library

Building,

New

Delhi‟

vide

NIT

01/CE/PCWZ/CPWD/2021-22.

2.

The crux of the matter is that the petitioner has been disqualified on

the ground that the petitioner did not meet the quality standards which the

bidders were required to meet in respect of their past experience for similar

works. The respondents stipulated that the bidders works should have been

assessed as “very good” or even higher.

3.

In this regard, we may refer to the stipulation in the NIT which

required submission of documents, including performance report of works

referred in Form C and in Form D.

4.

Clause 1 of the Information and Instructions for bidders for e-

tendering, forming part of bid document, stipulated that “the Bidders who

fulfill the following requirements shall be eligible to apply”. Clause „b‟ of

the said Clause stated that “The grading of quality of similar work shall be

minimum“very good”.

5.

The petitioner submitted Form „C‟ in respect of works performed by

it. The same is as follows:

“

FORM „C‟

WHICH TENDERS ARE INVITED.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002294

W.P.(C) 5742/2022

Page 3 of 11

”

6.

The petitioner also provided the certificate issued by Delhi

International Airport Limited (DIAL) dated 06.05.2019, in respect of 3

agreements/ purchase orders. This certificate reads as follows;

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002294

W.P.(C) 5742/2022

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30^th Sep 2016 & 1^st

1^st Feb 2017 to 31^st

The services provided by M/s A2Z at IGI Airport has been

good.

For Delhi International Airport Limited”(emphasis supplied)

7.

The petitioner provided the “Form D” in respect of agreement/

purchase order number 4800094876, wherein the performance report

recorded as follows:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002294

W.P.(C) 5742/2022

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“8.

Outstanding/ Very Good/Good/Poor”

8.

This Form „D‟ certificate was issued by DIAL on 17.01.2021.

9.

Pertinently, along with its bid, the petitioner also provided the

certificate issued by the DIAL in relation to the aforesaid contract/ purchase

order. This certificate recorded that “the performance of M/s A2Z

Infraservices Limited is found satisfactory during the period of work”.

(emphasis supplied)

10.

Since the respondent, while evaluating the petitioner‟s technical bid,

found a discrepancy in the two certificates issued by the DIAL i.e. the

certificate issued contemporaneously, assessing the work of the petitioner in

respect of agreement/ purchase order No. 4800094876 for the period starting

1^st October, 2013 for 3 years and 4 months, as satisfactory, and the Form D

issued to the petitioner on 12.01.2021 which described the petitioner‟s

performance as “very good” on all parameters, the respondents CPWD

corresponded with DIAL on the afore