Delhi High Court 3R Technologies vs U.O.I. And Anr. on 29 November, 2018 Equivalent citations: AIRONLINE 2018 DEL 2238 $~9 * Date of Decision: November 29, 2018 + W.P.(C) 963/2018 3R TECHNOLOGIES ..... Petitioner Through: Mr.Akhilesh Singh, Advocate versus U.O.I. AND ANR. ..... Respondent Through: Mr. Kirtiman Singh, CGSC with Ms. Sakshi Agrawal, Mr. Waaiz Ali Noor and Mr. Prateek Danda, Advocates for UOI Mr. Ankur Mishra, Mr. Rahul Singhal, Advocates for respondent No. 2 (Contonment Board). HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN ORDER % 29.11.2018 S. RAVINDRA BHAT, J. (ORAL) 1. What the petitioner seeks in these proceedings under Article 226 of the Constitution is a direction that it be permitted to bid in the tender issued by the second respondent (hereinafter referred to as the Board) for design, supply, installation and construction including operation and maintenance of STP (Sewage Treatment Plant) of capacity 1.0 MLD under Swachh Bharat Mission. W.P. (C) No. 963/2018 Page 1 of 7 2. Facts of this case are that the tender was released for the procurement purposes on 15.01.2018; the last date for submission of tender was 01.02.2018; it was scheduled for opening on the next date, i.e., 02.02.2018. The tender interalia specifies the scope of work as follows: "3.1 The scope of work covers Design, Engineering, Construction, Fabrication, Procurement, Supply, Erection, Painting, Testing, Commissioning, Meeting Performance guarantee by demonstrating performance guarantee test, as per subsequent clause of this technical specification for 1 MLD Sewage Treatment Plant and Comprehensive Operation, Maintenance of the plant to achieve the desired standards complying statutory requirements including cost of all spare parts, labours, chemicals etc. during entire period of contract. The contract shall include construction period of 15 months or earlier and comprehensive maintenance/operation of the plant for 8 years after physical completion and commissioning of the plant. 3.2 The bidders are required to submit their bids for STP with MBBR treatment process only otherwise the bids shall be summarily rejected. "3.2.1. The scope of work given below is indicative and if anything is missing in the scope, the contractor shall be required to design, provide/construct the STP incorporating missing/connected/ancillary items to ensure provisioning of best STP conforming to design requirements as per guidelines/notifications issued by Pollution Control Board and applicable in the Delhi State. The quoted rates shall be deemed to be inclusive of these requirements and nothing extra shall be payable to the successful bidder for any omission/s/ misunderstandings etc. at a later W.P. (C) No. 963/2018 Page 2 of 7 dated. 3.2.2. The scope of work includes RCC sumps/ reservoirs with arrangement of pump house (s). The successful bidders may design individual RCC Sump(s) with individual pump house building or the bidder may design a single pump house/operator room building instead of individual pump house buildings for various components of STPs, at their description and as per their design. In case of a common control room/pump house building the area of the building should be minimum 20 sqmt. Or more (exclusive of WC/bath) as per design requirements to ensure smooth and safe functioning of the installations as per description of the bidder to su