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The petitioner has filed this Writ Petition praying for issuance of a Writ of Certiorari, to quash the proceedings of the first respondent, dated 21.06.2014, placing a purchase order on the second respondent company for supply of 350NB and 250NB, Cast Basalt Bends of various sizes for ash slurry disposal lines of Unit I to V, on the ground that the pre-qualification document submitted by the second respondent in pursuance to the tender floated by the first respondent being defective.

2. The facts which are necessary for the disposal of the Writ Petition are that the first respondent, an organisation controlled by TANGEDCO, Generates Power with the capacity of 1X600 MW and supplies the same to the TNEB Grid. The first respondent procures various materials for its operations and maintenance works to produce electricity for public utility. The procurement is done by means of single/limited/open tender system and are required to abide by the guidelines stipulated under the Tamil Nadu Transparency in Tenders Act, 1998, (Act), the Rules framed thereunder and the Tamil Nadu Tender Regulations, 1991. The first respondent floated a tender for supply during the period 2015-16, under Open Tender/Two Part/Non-Proprietary basis for procurement of fly ash/bottom ash conveying line cast basalt lined pipe with flange on both sides for their plant at Mettur based on an indent received from the Superintending Engineer/Mechanical-I/MTPS-II. The tender notice was published in one English and Tamil daily on 29.11.2015 and also hosted in the TNEB website and the Tamil Nadu Government website on 01.12.2015, apart from being published in the notice boards in the offices of the first respondent. The due date for opening of the tenders was fixed on 16.12.2015 and the quotations received from the petitioner and the second respondent were opened. The tenderers had to satisfy the Bid Qualification Requirements (BQR) to enable them to proceed to the second stage, namely the price bid. On verification of the documents submitted by the petitioner and the second respondent as to whether they are in satisfaction of the BQR condition, the tenders were taken up for evaluation. After accepting the tenders of the petitioner and the second respondent, the first respondent addressed the General Manager of District Industries Centre, Tuticorin and Coimbatore for verification of the genuinity of the manufacturing certificates submitted by both the tenderers to assess as to whether they satisfy the BQR condition No.1. The said condition stipulates that the bidder should be a manufacturer or their authorised dealer of Cast Basalt Lined Cylinder/Pipes/Bends; valid evidence such as certificate of registration (licence)/Memorandum of Articles of association to be enclosed in case of manufacturer and in case of dealers, certificate proof for valid dealership certificate from the manufacturer should be enclosed. The District Industries Centre, Tuticorin, by letter dated 06.01.2016 informed that the Part II acknowledgement, dated 16.03.2015, issued to the second respondent is valid; the District Industry Centre, Coimbatore by letter 25.02.2016, informed that the Part-II acknowledgement dated 03.02.2009 was issued to M/s.Turbo Engineers (CBE), for manufacturing small enterprise status in manufacturing of cast basalt lined MS pipes & bends and other various items. In terms of BQR condition No.3, in case, the supplier has executed purchase order to TNEB/TANGEDCO, the end user certificate has to be obtained by the tender inviting authority. However, in case of other organisation, the end users performance certificate should be obtained and furnished by the bidder along with the tender. Accordingly, information was called for and it was certified that the vendor rating of the second respondent firm was found satisfactory. With regard to the vendor rating of M/s.Turbo Engineers/petitioner, the same is to be obtained shortly and after which, both offers were sent to the indenting authority for furnishing the technical suitability and by letter dated 21.01.2016, Superintending Engineer/Mechanical-1/MTPS-2, stated that both the offers of the petitioner and the second respondent are found technically suitable. Thus, both the tenders are said to have been scrutinised in detail and accepted after receipt of the performance and vendor rating report, after which the price bid opening intimation were sent to both the tenderers. As could be seen from the counter affidavit filed by the first respondent, the price bid is yet to be opened and as per the interim direction issued in this Writ Petition, the same have been kept in abeyance.

As the above firms were enclosed the previous P.O copies from MTPS-1 & TTPS to satisfy the BQR conditions, the End user certificate for the TNEB/TANGEDCO's Pos has to be obtained by the Tender Inviting Authority. Hence, the SE/P&A/MTPS-I and the SE/P&A/TTPS has been addressed to furnish the vendor rating and performance of the material supplied for the previous Pos enclosed along with the tender for ascertaining the BQR satisfaction. Also, the genuineness of the SSI Certificate has also been sent to the concerned DICs (Coimbatore & Tuticorin) for verification. The reply has been received from DIC/Tuticorin dated 06.01.2016 & the SE/P&A/TTPS, dated 14.01.16 for M/s.Rali Engineering Works, Tuticorin in which it is stated that the manufacturer certificate issued is a valid one & the performance of the materials supplied against the previous P.O is satisfactory till date. No reply has been received for M/s.Turbo Engineers, Coimbatore towards performance & genuineness. Meanwhile, M/s.Turbo Engineers (CBE), Coimbatore towards performance & genuineness. Meanwhile, M/w.Turbo Engineers (CBE), Coimbatore vide their letter dated 23.01.2016 addressed to the Chief Engineer/MTPS-II, has requested to reject M/s.Rali Engineering Works, Tuticorin offer, stated that M/s.Rali Engineering works, has supplied Fake material without their principal BMW's knowledge to TTPS with a copy to the Director (Generation), Director (Finance), DGP-Vigilance, CE/Mech, SE/P&A, EE/MM and Financial Controller/MTPS-II. Based on the above, the CE/M/TS vide his letter dated 04.02.2016 has instructed to keep pending all offers and related papers including process of P.O., if any, in respect of M/s.Rali Engineering Works till further instruction from Headquartes. Amid to the M/s.Rali Engineering Works, Tuticorin has requested vide his letter dated 04.02.16, to open the tender OT.1078/15-16 and also stated that they supplied correct and genuine material for the TTPS P.O., and the same materials are in service.