The High Court on Tuesday issued an order in a writ petition filed against Jagdulla Hydropower Company and withdrew the original file.
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The Patan High Court has produced the original file related to the disputed contract for the 106-megawatt Jagdulla Hydropower Project to be constructed in Dolpa. The bench of Justices Khadananda Tiwari and Prakash Kharel of the Patan High Court has ordered the Jagdulla Hydropower Company to bring the entire file related to the bid evaluation of the disputed contract to the bench.
The High Court on Tuesday ordered the withdrawal of the original file in a writ petition filed against Jagdulla Hydropower Company. The order states that the original file regarding the evaluation decisions regarding the procurement process as per the bid will be submitted for submission on the next Friday. The next submission is scheduled for Jestha 22.
Siu Infrastructure and High Himalaya Hydro Construction JV had filed a writ petition against Jagdulla Hydropower Company on Baisakh 22. A single bench of Justice Tanka Prasad Gurung issued a show cause order against Jagdulla Hydropower Company on Baisakh 23. The court had also ordered the submission of a written response within 15 days in the writ petition filed against Jagdulla Hydropower Company and the company's bid evaluation committee.
The applicant claims that the evaluation committee of Jagdulla Company disqualified its company's technical proposal in violation of Rules 61, 62 of the Public Procurement Regulations, 2064. Siu Infrastructure and High Himalaya Hydro Construction JV claims that the financial proposal was made public during the evaluation of the technical proposal, making the entire procurement process unreasonable. The applicant has also demanded an interim order to cancel the notice issued for the evaluation of the technical proposal and opening the financial proposal on the basis of that and to keep the entire procurement process as it is.
Jagdulla Hydropower Company had issued a notice for opening the financial proposal on Baisakh 24, stating that Jiangxi Construction Engineering (Group) Corporation (China) and ANK Construction Nepal JV and Sino Hydro Corporation were eligible. The contract will be awarded to Jiangxi Construction Engineering (Group) Corporation (China) and ANK Construction Nepal JV after Jagdulla Company accepted the lowest price in the financial proposal opened on April 24. According to company sources, Sino Hydro had accepted Rs 15.07 billion including Value Added Tax (VAT) and Jiangxi and ANK had accepted Rs 13.73 billion. The company stated that the financial proposals received are being evaluated.
Jagdulla Limited had invited the project's contract process for the second time on Magh 6. Earlier, the contract process invited on Jestha 20, 2081 under the Engineering, Procurement and Construction (EPC) under Civil and Hydro Mechanical was canceled due to controversy. Seven companies, including High Himalayan Hydro and AGE Company JV, Sharma and Zhongding International JV, Rail Bikas Nigam, Patel Engineering and Lama Construction JV, Ramechhap Sherpa Construction and Soma Enterprises JV, Sino Hydro, Om Infra and Fewa Construction JV, had applied for the contract. However, Jagdulla Company claimed that the contract was canceled on December 22 after none of the companies passed the technical proposal.
