Avadhesh Kumar Jha vs. The State Of Bihar
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The petitioner, Avadhesh Kumar Jha, is aggrieved by the cancellation of a tender due to his disqualification and the subsequent issuance of a fresh tender in which he also participated and lost. The petitioner's primary contention is that his disqualification in the earlier tender was improper and that the calculation of his available bid capacity for the fresh tender was incorrect. Specifically, the petitioner argued that the component 'B' used by the respondents to assess his available capacity was in excess of his existing work commitment. The respondents calculated the petitioner's available capacity as of March 7, 2024, the last date for bid submission.
Held
The Court held that there was no reason to interfere with the tender proceedings. The Court found that the respondents' evaluation was based on a technical assessment of works executed and those remaining to be carried out, in accordance with the formula provided in the Standard Bidding Document. The Court specifically addressed the petitioner's contention regarding Annexure P/10, stating that it could not be relied upon as it was dated August 17, 2024, whereas the respondents' assessment of the petitioner's work commitment was as of March 7, 2024. The Court noted that the assessed available capacity of the petitioner fell short by Rs. 50.78979 lacs as per Annexure R/C series. The Court also found that the petitioner had not substantiated the figures he asserted. Consequently, the Court dismissed the writ petition.
Key Issues
1. Whether the calculation of the petitioner's available bid capacity, as assessed by the respondents as of March 7, 2024, was erroneous, thereby leading to his disqualification in the tender process? The petitioner argued that the respondents' calculation of the available bid capacity was incorrect, particularly concerning component 'B', which he contended was far in excess of his existing work commitment. He relied on Annexure P/10, dated August 17, 2024, to support his claim that his existing commitment was only Rs. 578.22148 lacs. The respondents, on the other hand, maintained that their calculation of the available bid capacity was based on the petitioner's work commitment as of March 7, 2024, and that Annexure P/10, being dated August 17, 2024, was not relevant for the assessment as of March 7, 2024. They stated that the value at the current price level, including the GST component, for computing 'B' was Rs. 1162.62679 lacs as of March 7, 2024.
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Cause title — parties, addresses and appearances
ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
2/4 21-11-2024 The petitioner is concerned with a tender which was cancelled because of his disqualification. There was a further tender floated in which also the petitioner applied and lost.
The petitioner’s contention is that his disqualification at the earlier tender was not proper. The petitioner has also challenged the fresh tender issued.
The petitioner’s contention is that the calculation to assess the available bid capacity is wrong. The assessed available capacity has to be computed as on 07.03.2024 which is the last date of bid. The petitioner’s contention is that the value at the current price level of the work commitment as computed by them is far in excess of that remaining to be done.
The learned Senior Counsel who appeared for the petitioner does not have any dispute with the calculation as carried out in Annexure R/C series with respect to A, N and M. The contention is that the component taken as B is far in excess of the existing commitment of the petitioner. We extract Annexure R/C series which is the calculation taken by the respondents for disqualifying the petitioner as under:
3/4 5. We extract the qualifying criteria available in the Standard Bidding Document an extract of which is produced as Annexure-6 to the writ petition.
The learned Senior Counsel has referred to Annexure P/10 to point out that the existing commitment is only 4/4 Rs.578.22148 lacs. However, Annexure P/10 pointed out by the learned Senior Counsel is dated 17.08.2024 and the existing commitment taken by the respondents is as on 07.03.2024. 7. As per Annexure R/C series, the assessed available capacity of the petitioner falls short by Rs.50.78979 lacs. The value at the current price level including the GST component was also taken for computing B at Rs.1162.62679 lacs which is as on 07.03.2024. There can be no reliance placed on Annexure P/10 which is as on 17.08.2024. 8. In such circumstances, we find absolutely no reason to interfere with the tender proceeding, which evaluation is based on a technical evaluation of the works executed and that remaining to be carried out, based on the formula available on the Standard Bidding Document. There is no substantiation of the figures asserted by the petitioner.
The writ petition stands dismissed.
Saurabh/- (K. Vinod Chandran, CJ) ( Partha Sarthy, J) U
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.