Document Fragment View

Matching Fragments

(i) The petitioner is a company registered under the provisions of Companies Act. The respondents fall under the ambit of "State", and therefore they are amendable to writ jurisdiction of this Court under Article 12 of the Constitution of India.
3
(ii) The petitioner is involved in the business of providing a range of technology solutions to different organizations. These solutions include software development, network setup, data-entry setup, maintenance, cyber-security, data analytics, cloud computing and digital transformation services. The respondent No.1 floated a tender bearing No.GEM/2024/B/4601362 dated 8.2.2024 through the respondent No.2 i.e. Madhya Pradesh State Agricultural Marketing Board for the purpose of Supply, Installation, Configuration, Operation and Maintenance of CCTV surveillance across 137 Mandis of Madhya Pradesh and Establishment of Command Centre at Divisional Offices and Monitoring Centre at Bhopal Head Office. The tender was floated on Government E Marketplace (GeM) Portal, which is a Central Government public platform for online procurement in India. The bids are submitted online on the GeM Portal by the interested bidders and after evaluation of relevant documents, the tender inviting authority selects the successful bidder. On selection of the successful bidder, an electronic contract is generated with the approval of the tender inviting authority, which binds the parties. The petitioner fulfilled the required eligibility criteria. The petitioner participated in the tender process. The petitioner was found to be technically eligible and therefore final bid of the petitioner was opened and the petitioner was found to be L-I bidder and the tender was awarded in favour of the petitioner. Thereafter an electronic contract bearing No.511687782529369 dated 6.3.2024 was issued in accordance with the terms and conditions of the GeM Portal with the approval of the respondent authority. The contract was binding between the parties i.e. respondent Mandi Board and the petitioner. The terms and conditions of the contract specially provide for the responsibilities of the parties to the contract. Clause B of the contract deals with Role and Responsibilities of Buyer on GeM, whereas Clause (iii) provides that buyer must ensure that they have requisite authorization to enter to enter into contract with the sellers on GeM for and on behalf of the organization. Further Clause (vi) provides that before placing the order on GeM, there should be mandatory approval with prior sanction from the competent authorities, which is in accordance with procurement or other policies issued by the Government. Further Clause (vii) provides that on award of the contract, it would be construed that the buyer has obtained all necessary Administrative and Financial sanctions of the competent authority and adequate funds are available, indicating the relevant head of accounts in the awarded contract. Clause vi and vii of the buyer's responsibilities on GeM are as under:-