The Division Bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar has held that the tender process can’t be recalled just because the highest bidder was not given the tender. if the bidder was not found to be technically qualified, his financial bid could not have been looked into at all.
The Petitioner had informed the Respondent that since his regular staff – which undertakes the task of uploading tender documents was not available due to restrictions of movement during lockdown, he had engaged services of inexperienced persons to upload the set of documents and the documents, as uploaded, were not correct documents.
Senior Advocate Kirti Uppal submitted that the conduct of the respondent is mala fide in as much, as, though the technical bids were opened on 28.04.2020, he was communicated rejection of his technical bid only on 12.05.2020, i.e. the day prior to opening of the financial bid on 13.05.2020.
Also Read: Ministry of Home affairs(MHA) issues guidelines for lockdown 4.0; ceases all previous orders including compulsory payment of wages
Ms Richa Dhawan, who appeared for the SDMC, argued that offer letters have already been issued to the successful bidders, and three months advance payments have been received from the successful bidders.
Ms Dhawan further submitted that, admittedly, the Petitioner had not uploaded the correct documents and, therefore, the Respondent was justified in rejecting the technical bid of the Petitioner.
As the Petitioner did not submit and upload the requisite documents, which he was required to, along with his bid in response to the tender in question.
The Delhi hc highlighting tender case observed that:
‘Such like submissions – if accepted, would hit at the very foundation of the bidding process, and would make them susceptible every now and then. The same would erode the sanctity of the bidding process itself, and make it uncertain for the bidders to participate in any bidding process. This would seriously undermine public interest.’
Read order here: