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67. The project in question is funded 100% by the Central Government Agency i.e. the NMCG. Clause 5.6.8 of the Manual for Procurement of Works, 2019 issued by the Ministry of Finance, Department of Expenditure provides that the bidding process can be rejected or fresh bidding can be ordered only on the following grounds:-

"(a) If the quantity and quality of requirements have changed substantially or there is an un-rectifiable infirmity in the bidding process;
(b) when none of the lenders is substantially responsive to the requirements of the Procurement Documents;

68. In the present case, Tender Evaluation Committee headed by the Chief Engineer found three bidders, out of eight bidders, technically qualified and they were held to be responsive bidders. However, Tender Sanctioning Committee headed by the Managing Director found only one bidder i.e. M/s Ashoka Buildcon Ltd., technically qualified and had cancelled the bidding process by Corrigendum dated 29.07.2020 on the sole ground that only one bidder was found technically qualified.

69. We find that such a course of action by the Executing Agency is against the provisions of 5.6.8 of the Manual for Procurement of Works, 2019 inasmuch as tendering process could have been cancelled inter alia on the ground that none of the tenders is substantially responsive to the requirement of the procurement document. Here even Tender Sanctioning Committee found one bidder substantially responsive and, therefore, cancellation of the tendering process vide Corrigendum dated 29.07.2020 is against the provisions of Manual for Procurement of Works, 2019 issued by Ministry of Finance, Department of Expenditure. U.P. Procurement Manual (Procurement of Goods) will not have relevance in the present case inasmuch as the project is fully funded by the Central Government and not by the State Government at all.