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Therefore, the contention of the petitioners cannot be sustained as they have full opportunity as per the standard bidding document to clarify any issue including drawing documents.

8. That in reply to the contents of para 5 of the writ petition, it is submitted that the Uttarakhand Procurement Rules, 2008 are not applicable to the works. For the procurement of the works under the Pradhan Mantri Gram Sadak Yojna, the Ministry of Rural Development, Government of India has issued standard Bidding Document for works throughout the country by inviting bids through E-tendering. For this purpose the Government of India has issued procurement manual. Under the said manual for every activity a time limit is fixed and the procurement procedures, transparency, competitiveness and fairness are maintained. The details about all the works is made available on procurement online. Therefore, the contention of the petitioners cannot be accepted.

9. Mr. V.B.S. Negi, learned Advocate General submitted that the contention of the petitioners cannot be sustained, as they have full opportunity as per the standard bidding document to clarify any issue including drawing documents. He submitted that the Uttarakhand Procurement Rules, 2008 are not applicable to the works. For the procurement of the works under the Pradhan Mantri Gram Sadak Yojna, the Ministry of Rural Development, Government of India has issued Standard Bidding Document for works, throughout the country, by inviting bids through E-tendering. For this purpose, the Government of India has issued procurement manual. Under the said manual, for every activity, a time limit is fixed and the procurement procedures, transparency, competitiveness and fairness are maintained. The details, about all the works, are made available on procurement online. Therefore, the contention of the petitioners cannot be accepted. He submitted that the clarifications on the representation dated 25.07.2016 moved by the petitioners were supplied at that relevant point of time through the URRDA (Uttarkahand Rural Road Development Agency) letter no. 4182 dated 01.08.2016 and the letter no. 4347 dated 04.08.2016. He submitted that, in every work, as per the provisions of the Standard Bidding Document, pre-bid meeting is held at the designated time and place. Any kind of issue can be got clarified by the bidders in the said meeting. But, on the date of pre-bid meeting, the petitioners or any of their representatives were not present. He submitted that there is provision that, in the pre-bid meeting, anyone can see the DPR (detailed project report) and other related documents. In the Bill of Quantity issued under Section 2 of the Standard bidding Document, the rates, as regards the DPR/SOR (schedule of rates), have been depicted. The bidders have to submit their bids, after the assessment of their capacity/scheme, for which the bidders are free. He submitted that dumping places are already designated in the DPR for the safe disposal of the excavated material, as there is provision for disposing the surplus excavated material at the dumping place. He submitted that reply to the points raised in the representation dated 25.07.2016 moved by the petitioners had already been given vide office letters dated 01.08.2016 and 04.08.2016 of the Uttarakhand Rural Road Development Agency. He submitted that in the BOQ (Bill of Quantity), which contains the quantity of the material to be excavated, measurements of the walls to be constructed and the slabs, scuppers etc. details have been mentioned as per the guidelines issued by the Government of India. The maintenance work, after the cutting of the road, has also to be carried out by the contractor for a period of 5 years and rates for which are also indicated in the BOQ. He submitted that, in the past, the maintenance work of the roads was not being properly carried out by the contractors and the contractors used to submit higher rates for the construction work and less rate for the maintenance work and, keeping this fact, as per the direction of the Ministry of Rural Development, Government of India, the maintenance rates have also been frizzed as per the SOR (schedule of rates). He submitted that the rates, mentioned at item no. 1 of the Bill of Quantity, are as per the S.O.R. (Schedule of Rate) of the State Government and contractor is free to quote own rates in this item.

16. As far as argument of applicability of the Uttarakhand Procurement Rules, 2008 is concerned, it is the case of official respondents that for the procurement of the works under the Pradhan Mantri Gram Sarak Yojna, the Ministry of Rural Development, Government of India has issued Standard Bidding Document for works throughout the country by inviting bid through E-tendering. For this purpose, the Government of India has issued procurement manual. Since Standard Bidding Document for works is applicable throughout the country, the submission of learned Senior Advocate for the petitioners cannot be accepted that the Uttarakhand Procurement Rules should be made applicable.