Indian Kanoon - Search engine for Indian Law

ii. The bidder shall give a written declaration indicating that they are not on holiday list/banned/blacklisted as on due date of this tender.”

3. The appellant was issued a show cause notice on 5.12.2017 in respect of another tender, i.e., after floating of the tender, but before submitting of the bid, for blacklisting on the allegation of furnishing false information and bid documents, submitted for providing Kisan Call Centre Services to the Department of Agriculture, Cooperation & Farmers Welfare, Ministry of Agriculture & Farmers Welfare, Government of India.

5. The appellant submitted the bid in respect of the e-tender on 19.12.2017. In terms of clause 20 extracted aforesaid, a format had been provided for the declaration to be made, which is as under:

“DECLARATION NON BLACKLISTED/NON BANNED/NON HOLIDAY LISTED PARTY WE CONFIRM THAT WE HAVE NOT BEEN BANNED OR BLACK LISTED OR DELISTED OR HOLIDAY LISTED BY ANY GOVERNMENT OR QUASI GOVERNMENT AGENCIES OR PUBLIC SECTOR UNDERTAKINGS Date: __________ Name of Tenderer: _____________ Place: _________ Signature & Seal of Tenderer : _____________ Note: If a bidder has been banned by any Government or Quasi Government Agencies or Public Sector Undertakings,  this fact must be clearly stated with details. If this declaration is not given along with the UNPRICED Bid, the tender will be rejected as non-responsive.” The appellant submitted the declaration in terms aforesaid, i.e., stating that the appellant had not been blacklisted by any Government or Quasi Government Agency or Public Sector Undertakings.

14. In the aforesaid context, it is also contended that ‘Annexure 21’ lays down the ‘Guidelines for Holiday Listing (Banning of Business Dealing)’. That occasion would arise if the tender awarding authority, i.e., respondent No.1 would have initiated any process and as per clause 2.5, the banning was to be with prospective effect, i.e., for future business dealings. The contract in question, having already been placed on the appellant, there can be no question of retrospective blacklisting of the appellant.

21. It is no doubt true that clause 20 does provide for four eventualities, as submitted by learned counsel for respondent No.3. The present case is not one where on the date of submission of the tender the appellant had been banned, blacklisted or put on holiday list. The question before us, thus, would be the effect of an action for blacklisting and holiday listing being initiated. The declaration to be given by the bidder is specified in clause 20(ii), which deals with the first three aspects. The format enclosed with the tender documents also refers only to these three eventualities. It is not a case where no specific format is provided, where possibly it could have been contended that the disclosure has to be in respect of all the four aspects. The format having been provided, if initiation of blacklisting was to be specified, then that ought to have been included in the format. It cannot be said that the undertaking by the appellant made it the bounden duty of the appellant to disclose the aspect of a show cause notice for blacklisting. We say so as there is a specific clause with the specific format provided for, requiring disclosures, as per the same.