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Judgment
M.S. Ramachandra Rao, CJ
CMP No. 7852 of 2023
This application is filed seeking amendment of the writ petition. Since there appears to be a bonafide error on behalf of the petitioner in mentioning the work in question which should have been mentioned as one at Sr. No. 1 and not the one as at Sr. No. 3, this application is allowed and the amended copy of the writ petition is taken on record.
In this writ petition, the petitioner assails the action of respondents no. 1 to 3 in not awarding the following work and awarding it to respondents no. 4 and 5:-
“Name of Work : Construction of Chowki to Dubkehar road (Gram Panchayat Majheen) Km. 0/00 to 2/115 (SH:- C/o 5/7 Mtr Formation cutting, Passing places, R/walls, Cross drainage works, P/L GSB, Wet Mix Macadam, Tarring work, Interlocking Paver, Road side drain and Parapets in Km 0/0 to 2/155). (Under NABARD RIDF-XXVII).”
The Work Completion Certificate produced by the petitioner before the respondents (Annexure P-10), however, shows that the experience of the petitioner is in the following work which he had executed in the year 2022:-
“C/o Protection work and River Training work at RD 3/400 to 3/502.30 and Restoration of Rain Drainage on Charri Ghera road at RD 3/400 to 3/502.30 (SH:-Providing Protection work and C/o Counter fort wall at RD 3/400 to 3/503.30.”
According to the bid document Clause 4.4A(b), the following is the requirement:-
“(b) Satisfactorily completed, as prime Contractor or sub-contractor, at least one similar work equal in value to one-third (one-fourth in case of Naxal/LWE affected districts) of the estimated cost of work (excluding maintenance cost for five years) for which the bid is invited, or such higher amount as may be specified in the Appendix to ITB. The value of road work completed by the bidder under RIDF in originally stipulated period of completion shall be counted as 120% for the purpose of this Sub-Clause.”
Therefore, the condition of the bid document is that the petitioner should have satisfactorily completed a similar work equal to 1/3rd of the estimated cost of current work for which the bid is invited.
Since the nature of work executed by the petitioner as per Work Completion Certificate (Annexure P10) is different from the work for which the bids have been issued, we do not see any error in the decision of the respondents in declining to accept the petitioner’s quotation. Accordingly, this writ petition is dismissed. Pending miscellaneous application(s), if any, also stand disposed of accordingly.