The Chairman and Managing Director Maharashtra State Warehousing Corp. vs B.S. Pawar (Engineers and Contractors) Thro. Its Proprietor

The petitioner-company is aggrieved by rejection of its bid which it has submitted pursuant to e-Tender Notice / Request for Bid bearing reference No. In-PCMU-SMART-488274-CW-DIR in respect of the work or Design, Supply, Erection, Installation, Testing and commissioning of grain silo system at Latur, dated

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25-WP-8865-2025.doc

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25^th April 2025. The bid submitted by the petitioner-company was rejected by the Corporation on the ground that it does not possess the requisite experience qualification. The learned counsel for the petitioner-company refers to experience criteria at clause 4.1 of the RFB and submits that the petitioner-company has experience in construction of non-residential/institutional building of at least 5000 Metric Tonnes capacity for a silo system.

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The Experience (Folder 4) category envisaged under the RFB is reproduced as under:-

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Eli No. 4. E	gibility and Quali Subject xperience (Folder	fication Criteria Requirement 4)	Complia Single Entity	nce Require Joint Ve intended All Members Combined	ments nture (Exis ) where pe Each Member	Docume ting or rmitted At least one Member	ntation Subm- ission Require ments
4.1 (a)	General Construction Experience	The contractor should have at least five years experience in Construction of Non Residential/ Institutional Buildings of a multi- storied RCC framed structure in the role of prime contractor, JV member	Must meet requirement	N/A	N/A	Must meet requirem ent	Form EXP- 4.1
4.2 (a)	Specific Construction & Contract Management Experience	The contractor should have experience of delivering at least one project involving planning, erection for a silo system with Total storage Capacity of at least 5,000 MT capacity at one location within last 5 years.	Must meet requirement	NA	NA	Must meet the requirem ent	Form EXP 4.2(a)
4.2 (b)	Specific Construction	Civil Contractor should have experience of Civil	Must meet requirements	NA	NA	Must meet the requirem	Form EXP- 4.2(b)

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25-WP-8865-2025.doc

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	Experience	works of Silo foundation of at least 5000 MT capacity at one location within last 5 years OR should have executed RCC concrete work in foundation of grade M25 and above of quantity of minimum 500 cubic meter in any one year of the last 5 years in distillery, cogeneration plants, power substations or similar type of work.				ent
4.2 (c)	Specific Design Experience	The Bidder should have experience of designing at least silo system with Total storage capacity of at least 5,000 MT capacity during last five years.	Must meet requirements	NA	NA	Must meet requirem ent	Form EXP - 4.2(c)

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The bid submitted by the petitioner-company discloses that it had furnished proof of experience eligibility through letter dated 21^st May 2025 which gives details of five works executed by the petitioner-company. The following are the works experience executed by the petitioner-company.

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Institutional building of G+2 floors.

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Civil work for silo foundation of 5000 Metric Tonnes capacity.

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Planning and Erection of 5000 Metric Tonnes capacity silo.

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Designing of 5000 Metric Tonnes capacity silo.

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Quite apparently and without looking further at the experience qualification furnished by the petitioner-company, it can be easily seen that the fourth experience does not pertain to

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25-WP-8865-2025.doc

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construction or erection of silo. This work experience pertains to designing of 5000 Metric Tonnes capacity silo and not construction.

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