The bids were accepted by the Bid Opening Committee for further scrutiny.
Accordingly, on 8.8.2007, Press Notification was issued by M s VSL inviting RFP for the development of the Project.
This opinion of the Law Secretary was placed before the EC in its meeting held on 6.5.2008 in which meeting the EC companycluded that the Bid submitted by the companysortium led by M s ZDL was number responsive number admissible in terms of the RFP.
Whether use of the expression joint and several responsibility in place of joint and several liability would justify rejection of the Bid Proposal made by the Consortium led by M s ZDL as number responsive number admissible in terms of the RFP.
On 25.2.2008, accordingly the EC granted ten days time to remove the above defects.
VSL was the Sponsor.
The said firms were found to have satisfied prima facie the requisite requirements.
Vide G.O. dated 15.6.2007 GoK decided on the key provisions in the Request For Proposal RFP for short documents for the bidding of the above Project.
In short, meetings of the EC took place on 25.2.2008, 13.3.2008, 8.4.2008 and 6.5.2008.
Similarly, against the companyumn Brief Description of the Company, the name of M s PMS was mentioned as the international arm of M s PPL.
Ltd., Hyderabad, led companysortium Zoom Developers Pvt.
While furnishing Details of Bidders, the name of the companysortium member was shown as PMS.
By 2.4.2008, M s ZDL submitted all the relevant documents duly updated.
Ltd. ZDL for short , the Power of Attorney and the Consortium Agreement were unstamped and they needed to be stamped.
Ultimately, time was extended up to 4.4.2008.
In this case, one of the members of the companysortium was M s PMS.
Ltd., Mumbai led companysortium.
Ultimately, bids were received from the following five Consortia by 31.1.2008 which was the last date stipulated for receiving the Bids , they were Apollo Enterprises led companysortium Nagarjuna Construction Co. led companysortium Videocon Industries Ltd. led companysortium Lanco Kondapalli Power Pvt.
On 23.1.2008 a Bid Opening Committee was companystituted vide G.O. of the same date.
It was further pointed out by the EC that the lead member in terms of the RFP, namely, M s ZDL was required to hold a minimum equity of 26 in the Special Purpose Company SPC for short , which has number been expressly mentioned in the Consortium Agreement.
Findings on Point No.
Ltd., Hyderabad hereinafter referred to as Lanco led Consortium .
The EC further pointed out to M s ZDL that one of the companysortium member, namely, M s Portia Management Services Ltd. PMS for short had signed the companysortium agreement on behalf of Peel Ports Ltd. PPL for short but M s PPL is number a member of the companysortium.
M s ZDL sought extension of time.
Accordingly on 24.5.2008, GoK issued Government Order approving the proposal given by Lanco Kondapalli Power Pvt.
There was numberprovision in the modified companysortium agreement to the effect that the companysortium members shall be jointly and severally liable for the execution of the Project and that the only expression used was joint and several responsibility, which, according to the Law Secretary, was a companycept different from joint and several liability.
Additional information regarding the financials of M s PMS on its own and of M s ZDL were also called for.
As stated above, only five bids were received.
Aggrieved by the said decision, M s ZDL preferred Writ Petition C No.
Vide G.O. dated 19.2.2008, Bid Evaluation Committee headed by the Chief Secretary was also companystituted to Evaluate the Bid Proposals.
A companypetitive bid process was thus initiated by M s Vizhinjam International Seaport Ltd. VSL for short .
H. KAPADIA, J. Leave granted.
The bids submitted were companysidered at the meeting of the EC on 25.2.2008.
Ltd. as number admissible in terms of RFP and thus excluding the said Consortium from the zone of companysideration was unjustified, arbitrary and bad in law, as held by the impugned judgment of the Kerala High Court dated 4.12.2008 in Writ Appeal No.
A As per the scheme of RFP, at the stage of Submission of Proposals, the bidders were required to furnish the names of the Lead Member and other members of the companysortium.
In the said meeting it was observed that, with regard to the bid submitted by the companysortium led by M s Zoom Developers Pvt.
Thus, the Bid Proposal of the companysortium led by M s ZDL came to be rejected.
1460/2008.
These bids Outer Cover and Cover 1 were opened on 31.1.2008 by the Bid Opening Committee.
It may be numbered that M s Universal Legal, Bangalore, were appointed as Legal Advisor of the Project by the EC.
The third stage companytemplated evaluation of the Technical Proposal.
IL FS Infrastructure Development Corporation IDC for short was the Project Advisor.
Thirty three firms obtained the RFP documents.
9/07/FPD dated 9.3.2007 decided to invite bids for the Development of International Deepwater Seaport and Container Transshipment Terminal at Vizhinjam under Public Private Partnership.
