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2019 (11) TMI 526 - HC - GSTDisqualification of the petitioner in respect of the tender issued by the respondents - supply, installation and commissioning of skid mounted, oil lubricated helium gas recovery compressor with essential spares - detailed and exhaustive reply has been filed in the matter and the respondents have stated that the petitioner did participate in the tender process, however, as the petitioner has deviated from the tender conditions and, therefore, the petitioner has been declared as disqualified - stand of the respondents is that the petitioner's bid was not in consonance with the terms and conditions of the tender document and as per the terms of the tender, after evaluation of part I techno commercial bid, the part II ie., price bid is opened. HELD THAT:- The tender which was subject matter of the Writ Petition was issued ie., Tender No. 33227, for supply, installation and commissioning of skid mounted, oil lubricated helium gas recovery compressor with essential spares. The last date for submission of tender was 27/12/2018 and the petitioner has submitted his Techno Commercial and Price Bid on 22/12/2018. The respondents have stated that the contract was in respect of supply, installation, commissioning of skid mounted oil lubricated helium gas recovery compressor with essential spares and as per Part I ie., techno commercial bid, the bid was opened on 31/12/2018. It has been stated that the terms and conditions mentioned at Clause 45.1 of eDPS-0-103 version 2018-2, provides “in case the bidder does not accept the terms and conditions stipulated in the NIT, their bid will be outrightly rejected”. The petitioner himself has admitted his mistake while sending the e-mail communication to the answering respondents stating that the price quoted was inadvertently indicated as FOB instead of ex-works. The GST @ 18% indicated by the petitioner in their attachment to the techno commercial bid, is contrary to the terms and conditions of the NIT and as the petitioner has deviated from the terms and conditions of the NIT, the respondents have rightly disqualified the petitioner - the respondents have rightly rejected the petitioners tender. The scope of interference in the tender matters is quite limited. The apex Court has time and again dealt with the issue of interference in the matter of award of contract. The apex Court in the case of MANOHAR LAL SHARMA VERSUS NARENDRA DAMODARDAS MODI AND ORS. [2018 (12) TMI 1716 - SUPREME COURT] where it was held that it is well settled preposition that matters pertaining to the award of contract, being essentially a commercial transaction, have to be determined on the basis of considerations that are relevant to such commercial decisions, and this implies that terms subject to which tenders are invited are not open to judicial scrutiny unless it is found that the same have been tailormade to benefit any particular tenderer or a class of tenderers. Petition dismissed.
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