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3. Being aggrieved by the decision of the Evaluation Committee taken on 13.3.2020 and 1.5.2020 the appellant/petitioner filed a writ petition before this Court inter alia on the ground that as per the certificate issued by Dy. Chief Project Manager, Engg., DFCCIL, Ahmedabad, the appellant/petitioner is doing the construction work of two numbers of road overbridges between Kamil and Unjha (693/9-694 Kms.) of the total value of the contract is Rs.76,87,90,596.00 and out of which the bill amount Rs.68,71,06,609.00 has been paid up to 16.1.2020

6. In the writ petition filed by the appellant/petitioner, the respondents filed the reply by submitting that the total cost of construction of present work is Rs.272.66 Crores and the bidder should have an experience of completing and constructing of a single project with the cost of to Rs.68.17 Crores i.e. 25% of the present work cost. The documents submitted by the appellant/petitioner reveals that the construction work of two numbers of road overbridges between Kamil and Unjha (693/9-694 Kms.) has been completed upto 95% with total value Rs.68,71,06,609.00 thus, the appellant/petitioner was not found fulfilling the eligibility criteria regarding work experience and hence, the THE HIGH COURT OF MADHYA PRADESH Rachana Construction Co. V/s. State of M.P. & others.

tender of the appellant/petitioner has rightly been declared as non-responsive.

7. After hearing the learned counsel for the parties at length this court has dismissed the writ petition on the ground that the certificate issued by DFCCIL, Ahmedabad, reveals that the appellant/petitioner is undertaking construction work of 2 No. of road overbridges of the total contract value Rs.76,87,90,595.00, therefore, the construction of one road overbridge would be half of the total contract value, though the appellant/petitioner might have signed one contract for two overbridges, but the cost of one overbridge would be less than 68.17 Crores which is 25% of the present work, hence, the Evaluation Committee has not committed any error while declaring the appellant/petitioner as non-responsive.

The aforesaid Clause specifically provides that for Highway projects including Major Bridges/ROB/Flyovers/Tunnels, at least one similar work of 25% of Estimated Project Cost Rs.68.17 Crores has been completed. The appellant/petitioner is undertaking construction work of 2 No. of road overbridges of the total contract value Rs.76,87,90,595.00, therefore, the construction of one road overbridge would be half of the total contract value. Though the appellant/petitioner might have signed one contract for two overbridges, but the cost of one overbridge would be less than 68.17 Crores which is 25% of THE HIGH COURT OF MADHYA PRADESH Rachana Construction Co. V/s. State of M.P. & others.