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5. The Corporation, thereafter, decided to extend the time limit for submission of the tender upto 23 rd September 2024. In response to the aforesaid NIT, four tenderers viz. (i) Painterior Protective System LLP, (ii) Shandar Interiors Pvt. Ltd. (iii) Dev Engineers and (iv) Mahendra Realtors & Infrastructure Ltd. submitted their bids. On 24 th September 2024, uploaded documents were forwarded to the Project Management Consultant (PMC) appointed by the Corporation. The Corporation, by e-mail dated 25th September 2024 informed the petitioners about the shortfall observed in their bids. The petitioners were asked to submit the short-fall documents on or before 27th September 2024.

25. The technical bids were opened on 23rd February 2024 and a total four bidders uploaded their tenders viz. (i) Painterior Protective System LLP, (ii) Shandar Interiors Pvt. Ltd. (iii) Dev Engineers and (iv) Mahendra Realtors & Infrastructure Ltd. On 24th September 2024 uploaded documents were forwarded to the PMC appointed by the Corporation.

26. The Corporation, on receipt of the scrutiny report, by email dated 25th September 2024 informed the bidders including the petitioners about short-fall observed in their bids. The bidders were asked to submit the said short-fall documents on 27 th September 2024. The petitioner - Mahendra Realtors & Basavraj Page|13 Infrastructure Ltd., on 25th September 2024 sent a letter to the Deputy Engineer of the Corporation seeking technical bid documents of all the bidders. The bidders including the petitioners, on 26th September 2024 submitted short-fall documents which were sent again to the PMC. The PMC, on 30 th September 2024 submitted a final scrutiny report. The Tender Acceptance Committee of the Corporation, on 1 st October 2024, verified the scrutiny report and examined the issue of qualification of technical bids on the basis of qualifying criteria prescribed in clause 12 of the tender document. The technical bids of both the petitioners were found to be non-responsive. The relevant extract of final scrutiny report dated 30 th September 2024 submitted by PMC which was accepted by the Tender Acceptance Committee reads as under:

With regard to petitioner in WPL/32852/2024 - Dev Engineers:

Clause No. of the Tender Scrutiny Report (Exh-E/pg 71-77 of the WP) Clause 16.1 - Pg 57 of Tender Sr.No.6/@ pg.71 - "MEMORANDUM - requires a Bidder to submit a Not Available"
Memorandum as provided on Page Nos. 53 to 55 of the Tender Note : The Petitioner has failed to Document provide the Memorandum in the Technical Bid which is a mandatory requirement.
28. The decision taken by the Tender Acceptance Committee was uploaded on 1st October 2024. The petitioner viz. M/s. Mahendra Realtors & Infrastructure Ltd. downloaded the decision of the Tender Acceptance Committee on 2 nd October 2024 whereas the petitioner Dev Engineers downloaded the same on 18th October 2024. As per the tender schedule, the financial bids of only technically qualified tenderers were opened in presence of the bidders or their authorized representatives. The financial Basavraj Page|19 bid of Painterior Protective System LLP was found to be lowest one. Thereafter, on 15th October 2024 the work order was issued in favour of respondent No.5 - Painterior Protective Systems LLP being lowest bidder.