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TMI Blog2025 (3) TMI 1068X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act by Navodaya Vidyalaya Samiti ("Opposite Party No. 1"/ "OP-1"/ "NVS") and RailTel Corporation of India Ltd. ("Opposite Party No. 2"/ "OP-2"/ "RailTel") (collectively referred to as "OPs"/ "Opposite Parties"). 2. The Informant has sought confidentiality over its identity as per Section 57 read with Regulation 35 of the Competition Commission of India (General) Regulations, 2009. 3. As per the Informant, OP-1 is an autonomous body under the Ministry of Education engaged in furthering the objectives of the Prime Minister Schools for Rising India ("PM SHRI") scheme ("the Scheme") through establishment of Jawahar Navodaya Vidyalaya ("JNV") schools across India. As stated, OP-2 is a Mini-Ratna Category-I Public Sector Undertaking ("PSU") ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f OP- 2, it is mainly engaged in the business of modernizing the existing telecom system for train control, operation and safety, creation of nationwide broadband and multimedia network and laying optical fiber cable using the right way along railway tracks. 6. As per the Information, OP-1 without any due procedure and consideration of relevancy, appointed OP-2 as the Project Management Consultant ("PMC") for implementation of the work of Supply & Implementation of Integrated Infrastructure & IT solutions under PM SHRI Scheme in JNVs Schools. OP-1 has not provided any reasonable justifications as to why OP-2 was selected to carry out the said Work Order. This has been stated to be in violation of the provisions of Section 4(2)(b)(i) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ach has been taken with regard to the RFP, whereby important information pertaining to the work has been omitted which reeks of malafide and indicate a general ignorance for the sanctity of the procedure of public procurement that is supposed to be fair, transparent and non-arbitrary. (v) OP-2, in the RFP, has not disclosed the locations where the work is to be carried out due to which certain factors such as regulatory barriers and local specification requirements cannot be determined. Due to the arcane nature of the locations where the works are to be carried out under the RFP, it is necessary to take into account the local factors such as language, demographics etc., to implement the PM SHRI scheme in the most efficient manner, which h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... & Garden Waste, Construction of additional classroom, Construction of art & craft rooms, Establishment of Maths Lab, Rainwater Harvesting, Solar Plant with backup, Integrated Solar streetlight (Without Pole), Integrated Solar streetlight (With Pole), Establishment of Language Lab, Colorful dustbin, Establishment of digital library, Panel based smart classroom, Android based Tablet/Notebook, Digital Signage with videos in Citizenship skills, Constitutional Values, Knowledge of India and 21st Century learning and Information Skills, and Refurbishment of existing Chemistry Lab". The Informant defined the geographical market as the whole of India, where the PM SHRI scheme is applicable. 9. It is also stated that the bidders are required to com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt primarily appears to be aggrieved by the alleged abuse of dominant position by OP-1 in appointing OP-2 as the PMC for implementation of the PM SHRI scheme in JNVs across India without providing any reasonable justifications as to why OP-2 was selected to carry out the Work Order dated 24.01.2024. The Informant also appears to be aggrieved, inter alia, by alleged abuse of dominant position by OP-2 in releasing an RFP which restricted entry of entities in the bidding process and also outlined a very broad scope of work that is not capable of being carried out by any one entity in its entirety. In addition to the allegations under Section 4 of the Act, the Informant has alleged violation of the provisions of Section 3 of the Act. 14. With ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e procurer. 16. The Commission in its various orders have opined that the procurer, which can also be considered a consumer of a tendering process, is at liberty to set its terms and conditions for procurement, based on its requirements. Every consumer/procurer must have freedom to exercise their choice freely in the procurement of goods and services. Such choice is sacrosanct in a market economy as the consumers are in the best position to evaluate what meets their requirements and provides them competitive advantage in provision of their services. While exercising such choice, they may stipulate standards for procurement which meets their requirement and the same as such ipso facto cannot be held as anti-competitive. Accordingly, the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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