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2015 (1) TMI 113 - HC - Companies LawValidity of rejection of pre-bid submitted by petitioner Company - condition of tender process - Violation of the principles of natural justice or not – Held that:- The survey experience which was required to be produced was for at least five years with at least one large scale survey - the petitioner company was not included in the list of qualified bidders as the petitioner did not meet with the eligibility criteria for qualifying for technical evaluation as laid down in clause 6 of the bid documents - either through oversight or for reasons best known to the petitioner, the petitioner did not submit the required documents or proofs for establishing the prequalification criteria more particularly copies of the work order and certificate of completion to establish that petitioner No. 1 had at least 5 years working experience on large scale household surveys as well as field survey experience which was to be provided in the format given in ‘Appendix H’ - thus, the conditions for providing the eligibility criteria to qualify for the technical evaluation were not satisfied and therefore, the petitioner was not found to be eligible and qualified for technical Evaluation. A perusal of Annexure B5 to the petition which is the minutes of NFHS-4 committee for determining prequalification of field work agencies for technical evaluation makes it clear that it was mentioned therein that the petitioner company had not submitted the survey experience of at least five years with at least one large scale survey and therefore the petitioner company was disqualified - The representative of the petitioner company being was personally present and he appended his signatures on the attendance sheet - the contention of the petitioner that the completion certificate dated 26.03.2014 is required to be considered is misconceived - The requirement as per the tender documents was for last five years which was not received along with the pre-bid documents - therefore it shall not be appropriate to accept the contention of learned advocate for the petitioner – Decided against petitioner.
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