JUDGEMENT

K. M. G. H. KULATUNGA, J.

1. This application arises out of the awarding of a tender to design, build, finance, and operate (DBFO) the Non-Court Fine Collection and Drivers’ De-Merit Point System. After calling for tenders, the joint tender of the 47th and the 48th respondents (Millennium IT ESP Pvt. Ltd.) was accepted and approved by the Cabinet of Ministers on 09.09.2024. The letter of award dated 18.09.2024 (1R-10) was issued. Accordingly, the per transaction price, with handheld devices for Traffic Police Officers, was awarded at Rs. 254, on a DBFO basis for 5 years initially, extendable up to 10 years.

2. Upon the said award, one of the two other responsive bidders, Epic Lanka (Pvt) Ltd., preferred this application challenging the said award. There are two petitioners named, the first being the said company and the second, the Executive Chairman of the 1st petitioner. The respondents did raise a legal objection on the maintainability of this application on the basis that the 2nd petitioner has no locus standi to be so named. This will be considered later.

3. The grounds on which the petitioners are challenging the award of the tender are as follows:

• Prejudice Caused to