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Showing contexts for: Basic design in Oil And Natural Gas Corporation Ltd. vs Newton Engineering And Chemicals ... on 17 October, 2025Matching Fragments
3. A brief background of facts is necessary and which are as under:
(i) A Tender was floated for Modernization of the Effluent Treatment Plant ("ETP") at Uran Plant of Petitioner. The scope of work, which the successful bidder was required to inter-alia carry out included :
i. Process design, basic engineering, detailed engineering, manufacture, fabrication, supply, total procurement of all the Items including construction materials as defined in the special condition of the bid;
J-CARBP 648.2021.doc ("UEM"). As per Technical Collaboration Agreement between the Respondent and UEM, UEM was primarily responsible for basic design and engineering, detailed engineering, technical collaboration assistance / services, critical equipment supplies and expert supervision.
(iv) The Bid of the Respondent was submitted on 7th July, 2014. The Respondent's bid qualified for consideration. It is the Petitioner's claim that this was only because UEM was the Respondent's technical collaborator for execution of the project. The bid of the Respondent was accordingly reviewed considering the fact that UEM was meeting the criteria given in the tender document.
J-CARBP 648.2021.doc
6. Mr. Kanade has submitted that the Respondent was responsible for inordinate delay in the completion of its Contractual obligations leading to the delay in the project. The Respondent had appointed one UEM as its technical collaborator and submitted the MoU with UEM to the Petitioner. As per the technical collaboration agreement UEM was responsible for basic design and detailed engineering, technical collaboration assistance, services, critical equipment supplies and expert supervision.
69. The Petitioner's reliance on the work to be completed within a period of 32 months from the date of issuance of the LoA and there being delay in issuance of basic plans and engineering design / drawings is entirely misplaced. The issuance of the basic plans and engineering designs / drawings by the Petitioner cannot be read in isolation as the prime activity was the disposal of sludge, without which the construction work could not commence.
J-CARBP 648.2021.doc