TaxTMI 
TaxTMI 
2025 (3) TMI 1068
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....the provisions of Section 3 and 4 of the Act by Navodaya Vidyalaya Samiti ("Opposite Party No. 1"/ "OP-1"/ "NVS") and RailTel Corporation of India Ltd. ("Opposite Party No. 2"/ "OP-2"/ "RailTel") (collectively referred to as "OPs"/ "Opposite Parties"). 2. The Informant has sought confidentiality over its identity as per Section 57 read with Regulation 35 of the Competition Commission of India (General) Regulations, 2009. 3. As per the Informant, OP-1 is an autonomous body under the Ministry of Education engaged in furthering the objectives of the Prime Minister Schools for Rising India ("PM SHRI") scheme ("the Scheme") through establishment of Jawahar Navodaya Vidyalaya ("JNV") schools across India. As stated, OP-2 is a Mini-Ratna Cat....
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....description provided on the official website of OP- 2, it is mainly engaged in the business of modernizing the existing telecom system for train control, operation and safety, creation of nationwide broadband and multimedia network and laying optical fiber cable using the right way along railway tracks. 6. As per the Information, OP-1 without any due procedure and consideration of relevancy, appointed OP-2 as the Project Management Consultant ("PMC") for implementation of the work of Supply & Implementation of Integrated Infrastructure & IT solutions under PM SHRI Scheme in JNVs Schools. OP-1 has not provided any reasonable justifications as to why OP-2 was selected to carry out the said Work Order. This has been stated to be in violatio....
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....lities aligned with the interests of OP-2. (iv) A lackadaisical approach has been taken with regard to the RFP, whereby important information pertaining to the work has been omitted which reeks of malafide and indicate a general ignorance for the sanctity of the procedure of public procurement that is supposed to be fair, transparent and non-arbitrary. (v) OP-2, in the RFP, has not disclosed the locations where the work is to be carried out due to which certain factors such as regulatory barriers and local specification requirements cannot be determined. Due to the arcane nature of the locations where the works are to be carried out under the RFP, it is necessary to take into account the local factors such as language, dem....
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.... of the Act, has defined the relevant product market as "ATL Cum Skill Lab, Composting Facility for Kitchen & Garden Waste, Construction of additional classroom, Construction of art & craft rooms, Establishment of Maths Lab, Rainwater Harvesting, Solar Plant with backup, Integrated Solar streetlight (Without Pole), Integrated Solar streetlight (With Pole), Establishment of Language Lab, Colorful dustbin, Establishment of digital library, Panel based smart classroom, Android based Tablet/Notebook, Digital Signage with videos in Citizenship skills, Constitutional Values, Knowledge of India and 21st Century learning and Information Skills, and Refurbishment of existing Chemistry Lab". The Informant defined the geographical market as the whole ....
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.... held on 15.01.2025 and decided to pass an appropriate order. 13. Going by the content of Information, the Commission observes that the Informant primarily appears to be aggrieved by the alleged abuse of dominant position by OP-1 in appointing OP-2 as the PMC for implementation of the PM SHRI scheme in JNVs across India without providing any reasonable justifications as to why OP-2 was selected to carry out the Work Order dated 24.01.2024. The Informant also appears to be aggrieved, inter alia, by alleged abuse of dominant position by OP-2 in releasing an RFP which restricted entry of entities in the bidding process and also outlined a very broad scope of work that is not capable of being carried out by any one entity in its entirety. In....
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....ntil there are availability of ingredients of the same as required under the Act. As stated, these issues lie within the precinct of the freedom of the procurer. 16. The Commission in its various orders have opined that the procurer, which can also be considered a consumer of a tendering process, is at liberty to set its terms and conditions for procurement, based on its requirements. Every consumer/procurer must have freedom to exercise their choice freely in the procurement of goods and services. Such choice is sacrosanct in a market economy as the consumers are in the best position to evaluate what meets their requirements and provides them competitive advantage in provision of their services. While exercising such choice, they may st....