To

Executive Engineer,
Hamirpur Division,
HPPWD, Hamirpur (HP)

Name of work:- Construction of Tourism Development Corporation Hotel at

Nadaun.
Subject: Objection to Wrongful Rejection of Technical Bid - Tender No.
HPPWD 2023_PWD_81722_1
Respected Sir,

With reference to above mentioned bid it is submitted that we have participated in

the tender with reference number HPPWD 2023_PWD_81722_1 for the Construction of
Tourism Development Corporation Hotel at Nadaun. However, we are writing to express
our objection to the disqualification of our technical bid based on the following grounds:
1 GST returns not found uploaded
2 One work of similar nature found attached at page 12. The composite work
has been completed at the cost of Rupees 194511836.00 in the year
4.10.2023. this work has been done in joint venture wherein M/s Unipro was
lead partner thus by taking its equity as 50% the work done is Rupees
97255918.00 which is less than 80% of the Rupees 328631259.00 i.e.
262905007.00

We are submitting the following submission for kind consideration and necessary action
please.
1. GST Returns regarding : Your office cited the absence of uploaded GST returns
as a reason for disqualification. We refer to the conditions stated in the Notice Inviting
Tender (NIT), specifically the requirement for "GST and EPF Registration latest
clearance statement with Monthly contribution Challan." Our understanding, based
on the NIT, was that only GST registration needed to be attached, while EPF
registration and monthly challan were to be included. Our submission adhered to this
interpretation. Moreover, the CPWD Manual and CVC guidelines do not mandate the
attachment of GST returns with tender documents. Further, GST return documents can
be checked online with our GST number and we comply with the timely GST return as
emphasized in the GST law.
2. Work Experience Evaluation: Our submitted documents included two work
experience certificates: one for the "Construction of Indoor Stadium for Cultural
Programme at Solan" (Rs. 211,841,856.00) and another for the "Construction of
Multipurpose Hall, 32 Bedded Hostel, 400 Meter Synthetic Track, Badminton Court, and
Canteen" (Rs. 194,511,836.00).

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 In the experience certificate submitted buy us for composite work there is no
mention of any percentage of 50%. This work was done by us only and the payments
were done to us not to any Joint venture. It is important to mention that the electrical
work was executed through approved electrical contractor of the said department.
Therefore, evaluation of the same on the basis of 50% is wrong and based upon
assumptions.
We want to draw your kind attention towards the following clause of NIT is
reproduced as under
“clause 1.2 Tender documents will be issued to eligible
contractors provided they produce definite proof from the
appropriate authority, which shall be to the satisfaction of the
competent authority, of having satisfactorily completed similar
works of magnitude specified below:-
1.2.1 Criteria of eligibility for contractors:
For works estimated to cost above Rs. 100 lac.
Minimum Work done condition :- Minimum one similar work
done of amount not less than 40% (forty percent) of the estimated
cost (without Liquidated Damage or compensation) in last five
years or minimum one Civil Engineering work amount not less than
80% (Eighty Percent ) of the estimated cost (without Liquidated
Damage or compensation) in last five years”
And
Clause 26.2.b : “Minimum Work done condition :- Experience of
having successfully completed similar works during last 5 years
ending last day of month previous to the one in which applications
are invited should be either of the following:-
i) Three similar completed works costing not less than the amount
equal to 40% of the estimated cost.
Or
ii) Two similar completed works costing not less than the amount
equal to 50% of the estimated cost.
Or One similar completed works costing not less than the amount
equal to 80% of the estimated cost.

The works should have been completed without Liquidated

Damages or compensation. The value of executed works shall be
brought to current costing level by enhancing the actual value of
work at simple rate of 5% per annum, calculated from the date of
completion to the last date of receipt of application for tender.

Here, the similar works means the composite work consisting

of civil and electrical work in one bid preferably pertaining to
the works of rich specifications.”

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 The rejection notice highlighted a discrepancy in the evaluation of our work
experience, specifically in the completion of a composite work valued at Rs.
194,511,836.00. According to the NIT condition 1.2.1, for works estimated to cost above
Rs. 100 lac, the minimum work done condition requires either one similar work of 40%
of the estimated cost or one Civil Engineering work amounting to 80% of the estimated
cost. Additionally, clause 26.2.b outlines the criteria for similar completed works.
Mere perusal of rejection notice implies that our composite work was evaluated at 80%
instead of 50% category, which we believe is an incorrect interpretation of the NIT
conditions. We request clarification on this matter and a fair re-evaluation of our bid.
The rejection notice suggests that our bid was disqualified due to the submission
of one experience certificate for composite work, combining civil and electrical
components, instead of two separate certificates. We believed that the clause 26.2
emphasized the preference for a one experience certificate in single bid covering both
disciplines i.e. Civil and Electricals. However, we believe that there is potential
ambiguity in the interpretation of the clause 26.2 and clause 1.2.1, leading to confusion
in our interpretation. Further there was no pre-bid meeting allowed for clarifications of
such ambiguities.
To address this concern, we are willing to submit any additional documents necessary
for a comprehensive review of our bid.
We appreciate your attention to this matter and look forward to a fair reconsideration of
our technical bid. If required, we are available for further discussions or clarifications.

Thanking you & assuring you of our best co-operation always

Yours Faithfully,

For M/s Unipro

(Partner)

Copy for information and necessary action to:-

1. The Superintending Engineer, HPPWD Circle, Hamirpur (HP)

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