bids is not provided for
in the Odisha Public Works Department (OPWD) Code and,
as such, the condition so imposed is contrary to law, which ... cannot be said to
be contrary to the provisions of the OPWD Code or the
Constitution, as the same is neither discriminatory nor does
parties that the Orissa Public
Works Department Code (for short, 'OPWD Code') would be
applicable to the grant of contracts by the opposite ... considered as single tender or not. The relevant Clause of the
OPWD Code is Clause-29. The pre-amended Clause-29 of the
OPWD Code
Government revised the agreement value by deducting
19.70% as per OPWD Code to Rs.2,95,43.535/- which was
approved on 16.09.2016 in terms ... Clause 3.5.5.(v) and
6.3.17 of the OPWD Code but the said revision was not for
the fault of the petitioner. Despite completion of work
contractor
following the procedure as per the Orissa Public Works
Department (OPWD) Code. Thereafter, a show cause notice
was issued to the contractor ... respondent. The procedure as
required as far as AppendixÂXXXIV of OPWD Code was
followed and thereafter, after considering the reply
submitted by the contractor
Rule-A of Appendix-XXXIV of the OPWD Code Volume-I1,
on the ground of persistent and intentional violation of
important conditions in tendering process ... Rule-A of Appendix-
XXXIV of the OPWD Code Volume-I1 on the ground of
persistent and intentional violation of important conditions
in tendering process
opposite
party no.4 to proceed in accordance with the OPWD Code. It is
-4-
contended by the learned counsel for the petitioner that ... Annexure-F/4, regarding the amendment to para 3.5.5 of
the OPWD Code Volume I stating that additional performance
security shall be deposited
learned counsel for petitioner giving reference to the provision
under the OPWD code contended that after cancellation of the
tender call notice, providing such work ... State in the matter of
contractual workings under the OPWD code and contended that
such letter is opposed to their own provision through OPWD code
Government Advocate, on the other hand, relies upon the Rules
of OPWD Code, which is appearing as at Annexure-B/2 to the
counter affidavit ... provide that such note appearing in the OPWD Code will be
applicable to the present case. It is also submitted that the
petitioner should
Infra Projects (India) Pvt. Ltd., Bhubaneswar,
following the procedure as per OPWD Code."
5. As a result of the above direction, a show cause
mandatory
condition, refers to Clause 3.5.14 of OPWD Code which reads thus:
"Clause 3.5.14 of O.P.W.D. Code-"Normally in selecting ... equal."
17. On perusal of the aforesaid provision of OPWD Code, we are
unable to agree with the contention of the Petitioner that
