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Findings of the investigation

9. Thereafter, the DG submitted its Investigation Report on 24.11.2023 (in confidential and non-confidential versions) after seeking due extensions of time. On the basis of the order of the Commission dated 21.10.2021 passed under the provisions of Section 26(1) and material available on record, the following issues were identified for investigation:

Issue 1: Whether the OPs have entered into an agreement for directly or indirectly engaging in bid rigging or collusive bidding?

26. OP-3: In its objections/suggestions dated 06.02.2025 and written submission dated 29.10.2025, the submissions made by OP-3 are more or less the same as OP-1 and hence not reiterated for the sake of brevity.

27. OP-4: In its objections/suggestions dated 21.05.2024, OP-4 has stated that it has completed the works as per specifications and participated in the tender without engaging in bid rigging/collusive bidding.

39. OP-16: In its objections/suggestions dated 29.04.2024, OP-16 has averred that it has completed the tender work allotted to the firm successfully and received the due payments from the concerned department and there is no irregularity in the process. The work was completed as per specifications and it participated in the tender process without engaging in bid-rigging/collusive bidding.

40. OP-17: It has neither filed objections/suggestions nor written submissions.

Analysis of the Commission

41. The Commission has carefully perused the Investigation Report, the objections/ suggestions thereto received from the OPs, respective submissions made by the OPs during the hearings held on 08.10.2025 and 29.10.2025 and the written submissions filed subsequent thereof.

42. The issues which require consideration in the present matter are as under:

i) Whether the OPs have entered into an agreement for directly or indirectly engaging in bid rigging or collusive bidding?