Central Information Commission
Taqdeerjeet Singh Sidhu (Advocate) vs Hindustan Petroleum Corporation ... on 13 May, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/HPCLD/A/2022/655318
Shri Taqdeerjeet Singh Sidhu (Advocate) ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Hindustan Petroleum Corporation Limited (HPCL)
Date of Hearing : 09.05.2024
Date of Decision : 09.05.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 20.06.2022
PIO replied on : 18.07.2022
First Appeal filed on : 11.08.2022
First Appellate Order on : 09.09.2022
2 Appeal/complaint received on
nd : 14.10.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 20.06.2022 seeking information regarding applicability conditions of Manual for Procurement of Works 2019, Ministry of Finance Department of Expenditure GOI in tender documents for Construction of 2G Ethanol Bio Refinery, HPCL. In this regard, provide the following information:-
Information no.-1 Kindly provide information whether your PSU had a in house capability or it has been out-sourced (Third Party) for Proper field surveys and investigations of ground conditions, critical in preparation of a reliable DPR, Providing scientifically valid data etc to bidders for construction of 2G Ethanol Bio Refinery, HPCL, Village Nasibpura, Taluka- Talwandi Sabo, Bathinda, Punjab-151005. If out-sourced, then name of the third party agency.
Information no.-2 This MOP-2019 is applicable on your PSU, if not, kindly provide the copy of the same which have been made applicable alongwith its approval from Government.
Page 1 Information no.-3 Kindly provide the copy of the specific page of Standard Bidding Tender Documents (SBD) (20000240-HB-10120) for EPCM services for second generation ethanol bio-refinery along with associated facilities at Vill-Nasibpura, Bathinda, Punjab where implementation of above highlighted clause of MOP-2019 has been made. In case, this clause is not published in SBD then copy of alternative clause against the said clause. In case, alternative clause is also not published then copy of the any such manual adopted by your PSU.
Information no.-4 Kindly provide the copy of the specific page of SBD (20000410-HD10120) for Construction of RCC Buildings and allied civil works at 2G Ethanol Bio Refinery, HPCL, Village Nasibpura, Taluka- Talwandi Sabo, Bathinda, Punjab-151005 where implementation has been made of above highlighted clause a & b of MOP-2019 ie specific prescribed range of variation (per item % wise +/-). In case, this clause is not published in SBD then copy of alternative clause against the said clause. In case, alternative clause is also not published then copy of the any such manual adopted by your PSU.
Information no.-5 As per your RTI Reply REF no: HPCLD/R/E/22/00034 dated 08/02/2022, Drawings were published in corrigenda-2 of tender no 20000410-HD-10120 in line with clause no 4.7. chapter 4 of manual for procurement of works 2019 issued by Ministry of Finance, Department of Expenditure, Govt of India. But no such drawings have been found alongwith corrigenda-2 and as such kindly provide copy of the drawings.
Information no.-6 Kindly provide the copy of the specific page of SBD (20000410-HD10120) for Construction of RCC Buildings and allied civil works at 2G Ethanol Bio Refinery, HPCL, Village Nasibpura, Taluka- Talwandi Sabo, Bathinda, Punjab151005, where implementation of specified limit ie (% +/-) of change in quantity per item of above highlighted clause of MOP-2019 has been made. In case, this clause is not published in SBD then copy of alternative clause against the said clause. In case, alternative clause is also not published then copy of the any such manual adopted by your PSU.
Information no.-7 As per above highlighted MOP-2019 guidelines that no post-tender negotiations is allowed except in certain exceptional situations. Kindly provide amount of post tender rebate, if any, alongwith copy of specific clause of tender bid document (20000410-HD-10120) Information no.-8 Copy of detail of Abnormal High Rates (AHR) Items, if any, and their back-up supporting documents/ rate analysis for arriving as AHR items, as per highlighted prescribed guidelines of CVC ."
The General Manager -Renewables & CPIO, Hindustan Petroleum Corporation Limited (HPCL), Mumbai vide letter dated 18.07.2022 replied as under:-
"Xx Page 2 From your application, it is observed that you are neither an affected party nor related to these tenders.
It may be noted that the tenders mentioned in your application are under execution stage and information sought by you relate to a third party, where the tender/works have not reached finality, the information sought do not serve any public interest. However, our point wise replies are as follows:
Point No. 1:- Third party engaged by HPCL did the field surveys and investigations of ground conditions. Name of the third party engaged is "Geotechnical Investigation".
Point No. 2:- Yes, MOP-2019 guidelines is applicable for HPCL Point No. 3:-It may be noted that tender document along with all addendums/corrigendas runs in 584 numbers of pages, you are kindly requested to deposit an amount of INR 1,668/-for providing printed and bound copy.
The details of additional amount is as follows: Printing cost @ INR 2 per page: INR 1168 Binding cost (approx.):INR Courier cost (approx.). INR 300 200 Total cost in INR: 1,668/-
The payment can be done through DD, payable to Hindustan Petroleum Corporation Limited, Mumbai. On receipt of payment, the tender copy would be provided to you.
Point No. 4:-It may be noted that tender document. along with all addendums/corrigendas runs in 1601 numbers of pages, you are kindly requested to deposit an amount of INR 5,070/-for providing printed and bound copy.
The details of additional amount is as follows: Printing cost @ INR 2 per page: INR 3,202 Binding cost (approx.): INR 200 Courier cost (approx.): INR 500 Total cost in INR 5,070/-
The payment can be done through DD, payable to Hindustan Petroleum Corporation Limited, Mumbai. On receipt of payment, the tender copy would be provided to you.
Point No. 5 & 6:-Kindly refer response provided to sl no 4. Point No. 7:-A reduction of INR 26, 78,600/- (net reduction including taxes) was obtained before finalization of purchase order in line with tender terms. For specific tender clause, kindly refer response provided against sl no 4. Point No. 8:-As the requested information is commercial confidence and trade secret of third party's and disclosure of same would harm the competitive position of third party, consent of third party was requested by HPCL vide letter dated 11.07.2022 and same are declined by third party vide response dated: 15.07.2022. Therefore, we are unable in providing same to you as per section 8(1)(d) and section 11 of RTI Act 2005. CPIO finds that sharing this information may not serve any public interest so we are unable to provide it to you."
Page 3 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 11.08.2022. The FAA vide order dated 09.09.2022 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 15.04.2024 has been received from the CPIO/GM(Bio- fuel Operation), HPCL and same has been taken on record for perusal. The relevant extract whereof is as under :
Findings & Submissions:
On the review of the RTI Application, & corresponding RTI replies by the CPIO, kindly note that the information has already been provided in line with the provisions of the RTI Act 2005.
Kindly note that from the RTI application, it is observed that the information sought regarding the tenders mentioned in the application are under execution stage and information sought by the applicant relate to a third party, where the tender/works have not reached finality, also the information sought do not serve any larger public interest that warrants the disclosure of the information.
However, we provide our additional submissions as follows:
a) With respect to query no1: DFR for 2G Bhatinda Bio-Refinery was prepared by M/s EIL which was served as an input for TE no: 20000410-
HB-10120 floated for EPCM services for 2G Bhatinda Bio-Refinery. The DFR report was cross verified by EPCM finalized through TE no:
20000410-HB-10120 M/s Technip.
b) With respect to query no 2: No inputs are requested from HPCL.
c) With respect to query no 3:
As confirmed by applicant, tender documents are available with them from public domain.
Reference is made with following sections of tender documents which clearly mentions about Preparation of DPR & preliminary estimates. Section -8 i.e., Additional Information (abridged portion of DFR) clause no: 1.2, clause no 1.7.
Annexure-5: Section 5 "Scope of works for procurement services". Clause no: 9.1. i.e., documentation to be sent to Owner for review & approval.
d) With respect to query no 4 & 6:
As confirmed by applicant, tender documents are available with them from public domain. Reference is made with clause no 3.6 of GTC-Works attached with tender documents which clearly mentions about quantity variation upto 25%.
e) With respect to query no 5: All the relevant drawings (guide drawing and construction standard) related to the scope of work were part of the published Tender (Part III Technical section).
f) With respect to query no 7: Kindly refer clause no 5.6.6 of MOP 2019 which mentions:
Quote Page 4 Normally, there should be no negotiation. Negotiations should be a rare exception rather than the rule and may be resorted to only in exceptional circumstances. If it is decided to hold negotiations for reduction of prices, they should be held only with the lowest acceptable bidder (L1), who is techno- commercially responsive for the supply of a bulk quantity and on whom the contract would have been placed but for the decision to negotiate. In no case, including where a cartel/ pool rates are suspected, should negotiations be extended to those who had either not tendered originally or whose tender was rejected because of unresponsiveness of bid, unsatisfactory credentials, inadequacy of capacity or unworkable rates. unquote Accordingly, price rationalization was done with L1 bidder only and a reduction of Rs 26,78,600/- was offered in response to the discussions done with L1 bidder. There is no violation of MOP-2019 for this clause.
g) With respect to query no 8:
Kindly refer clause no 12.4 of special condition of contracts (SCC) attached with tender documents which clearly specify the clause pertaining to AHR Items (Abnormally Higher Items).
The L1 bidder never took any deviation w.r.t AHR clause while bidding so is abide by the clause post PO placement. The detailed list of AHR items is an attachment of detailed purchase order awarded to the contractor post competitive bidding in TE no 20000410-HD-10120.
W.r.t back up of AHR items, it may be noted that the requested information is commercial confidence and trade secret of third parties and disclosure of same would harm the competitive position of third party, consent of third party was requested by HPCL vide letter dated 11.07.2022 and same are declined by third party vide response dated: 15.07.2022. Therefore, we are unable in providing same to you as per section 8(1)(d) and section 11 of RTI Act 2005.
CPIO finds that sharing this information may not serve any larger public interest so we are unable to provide the information to the applicant.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. Sisir Chakraborty, GM(Bio Fuel Operations)- participated in the hearing through video-conferencing.
The Respondent stated that the relevant information has been furnished to the Appellant from their official record. They further stated that the most of information related to the tender the information sought regarding the tenders mentioned in the application are under execution stage and information sought by the applicant relate to a third party, where the tender/works have not reached finality, also the information sought do not serve any larger public interest that warrants the disclosure of the information.
Page 5 Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the custodian of information. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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