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2015 (12) TMI 418 - PUNJAB & HARYANA HIGH COURT

2015 (12) TMI 418 - PUNJAB & HARYANA HIGH COURT - TMI - Rejection of request of rectification of bid - Held that:- The financial bids were opened on 20.07.2015. It was thereafter that the said letter dated 21.07.2015 was written by the official respondents to the petitioners calling upon them to rectify the bid. Clause-13 of the NIT specifically provided that a copy of the undertaking shall be scanned and uploaded to the etender website within the period of the bid submission. Further, Clause-15 .....

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ed in the undertaking is contrary to the terms and conditions of the tender. The petitioners, however, contend that it was an error that the official respondents called upon the petitioners to rectify and that the petitioners had, in fact, rectified the same. The petitioners, therefore, contend that their bid was not liable to be rejected.

Clause-30 contemplates clarifications being sought by the official respondents and being furnished by the bidders. The imposition of the condition .....

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is normally not permissible. - Decided against the petitioner. - Civil Writ Petition No.21000 of 2015 (O&M) - Dated:- 6-11-2015 - Mr. S.J. Vazifdar, Acting Chief Justice And Mr. Tejinder Singh Dhindsa, J For the Petitioner : Mr. Mansur Ali, Advocate For the Respondent : Mr. Sanjeev Sharma, Senior Standing Counsel for U.T., Chandigarh with Mr. Shekhar Verma, Advocate And Mr. Dhiraj Chawla, Advocate ORDER S.J. VAZIFDAR, ACTING CHIEF JUSTICE: The petitioners seek a writ to quash a letter dated 03. .....

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nt No.4 is the Chief Engineer of the Chandigarh Administration. Respondent No.5-M/s Vee Kay Electricals is the party to whom the work has been awarded upon the rejection of the petitioners bid. 3. Respondent No.2 invited tenders for the work of providing electrification of 2108 flats under the respondents general housing scheme. The following provisions of the e-tender notice are relevant:- 9. The financial bid of the bidders shall be opened one by one by the designated officer. ….. &hell .....

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tered into BOQ and duly signed digitally; shall only be considered. Rates and any other financial entity in any other form/letter head if attached incorporated by vendor shall be straight way ignored and shall not be considered. Documents being attached should be signed on there body. ….. ….. ….. ….. 13. Copy of EMD, affidavit, Undertaking, Enlistment Order, certificate of work experience and other documents as specified in the DNIT shall be scanned and uploaded to th .....

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p;.. d. Undertaking as per condition No.13 & 16(a). ….. ….. ….. ….. 28. Conditional or Telegraphic tenders/tenderers sent through Fax will not be accepted. ….. ….. ….. ….. 30. The offer must be completed in all respect along with all technical/financial detail as required in tender specification. During comparison of offer, if clarification would be required, the bidder will respond in not more than 4 days of issue of clarification lett .....

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Service tax will be charged extra if applicable at any stage. This stipulation was clearly contrary to Clause-34 of the tender notice which specifically stipulated that the rates shall be quoted inclusive of all taxes like service tax. 5. The bidders names were uploaded by the official respondents. The petitioners name ranked as L-1. The official respondents by a letter dated 21.07.2015 informed the petitioners that the said undertaking dated 10.07.2015, insofar as it stated that the service ta .....

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ers contend that the official respondents having called upon them to rectify the bid and their having rectified the bid, their tender ought to have been accepted and the rejection thereof was unwarranted and illegal. 7. The financial bids were opened on 20.07.2015. It was thereafter that the said letter dated 21.07.2015 was written by the official respondents to the petitioners calling upon them to rectify the bid. Clause-13 of the NIT specifically provided that a copy of the undertaking shall b .....

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to be quoted inclusive inter alia of service tax. 8. The petitioners do not deny that the condition contained in the undertaking is contrary to the terms and conditions of the tender. The petitioners, however, contend that it was an error that the official respondents called upon the petitioners to rectify and that the petitioners had, in fact, rectified the same. The petitioners, therefore, contend that their bid was not liable to be rejected. 9. Clause-28 of the NIT expressly stipulated that c .....

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Ali, the learned counsel appearing on behalf of the petitioners, submitted that the official respondents were entitled to consider the tender valid upon the defect being rectified. In this regard, he relied upon Clause-11. Clause-11, he submitted, entitled the official respondents to ignore the rates and other financial conditions, which were not part of the digital system certificate entered into the bill of quantities (BOQ) and duly signed digitally. He submitted, therefore, that the rates en .....

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other financial terms in any other form/letter head if attached incorporated by the vendor. The words in any other form/letter head relate to material other than the rates entered into BOQ and duly signed digitally. The undertaking which contained the said condition was digitally signed and could not have been ignored by the official respondents while evaluating the financial bid. This is for the reason that the condition that the service tax would be charged additionally as applicable forms pa .....

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