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Solvency certificate should be from 1.4.2012 onwards and financial capability is based on the own financial statement. In Appendix A of the 1st RFP document at Sl. No. K collection of construction debris of 250 kgs is prescribed. In the modified RFP, at Sl. No. K, 250 Kg is removed and only dry and wet waste is included only to favour respondent No. 12. In the first tender document at page 25 the tenderer has to obtain the compliance certificate from citizens/RWA's/Suchi-Mithra notified by the BBMP. That the said condition has been removed in its entirety only to favour respondent No.12. Appendix 2 has also been changed. Classification has been provided in the qualification criteria. Class-I and Civil Contractor is different than MSW contractors. One year experience is provided to Class I and Civil Contractors in the new tender document. Financial offer is the most important offer. In Appendix F of 18.9.2012 tender document rates of vehicles, labourers and supervisors is mentioned. Rates of financial offer has been removed totally. In the new document package minimum requirement, rates per unit is mentioned with the vehicles and the pourakarmikas. Column No.3 i.e. rates per unit(as per BBMP Monthly analysis) has been totally deleted. Implementation plan is not specified in the first document and the new document. The provisions of KTPP Act, 1999 was amended in 2001 with effect from 25.8.2001 by Act No.21/01. Section 4(e) was introduced by including the procurement entity as per Karnataka Municipal Corporation Act, 1976. The definition of Procurement Entity also includes the Corporation. Under Rule 17 of the Rules, the minimum time has to be reckoned from the date of publication of notice of invitation of tender in the bulletin and last date fixed for submission of the tenders. In the absence of publication of notice of invitation of tender in the tender bulletin, the period cannot be determined. Therefore, there is no proper publication. The respondents did not follow the standard tender document in public procurement of goods service. The tender document issued is contrary to the Circulars dated 29.8.2003 and 25.2.2004 issued by the Government. Both the Government Orders dated 6.8.2005 and 14.10.2008 envisage the modification of standard tender document to take care of local need/specific requirement. In the MSW contract by tender, the number of houses and labourers and the minimum wages, specification of the vehicles in terms of MSW Rules has to be provided. Therefore, Appendix I, II and E.F.G have been provided. Therefore, it is only combination of KW-4 and Appendix I, II, E.F.G standard document is compulsory. Any modification can only be in terms of law. The notification provides two cover system lumpsum bidding process for selection of the service provider to carry out Municipal Solid Waste Management services through individuals/registered firms/company incorporated under the Companies Act/Agencies registered under the partnership firm/N.G.O./Public Limited Companies or companion of any of the above for a period of three years. Therefore, the evaluation is only in terms of Rule 28 of the Karnataka Transparency in Public Procurement Rules 2000.

45. It is in the background of these statutory provisions and the settled legal position, we have to consider the contentions urged in the case.

STANDARD TENDER DOCUMENT

46. The first grievance of the petitioners is that, the respondents did not follow the standard tender document in public procurement of goods service. The tender document issued is contrary to the circulars dated 29.8.2003 and 25.2.2004 issued by the Government. The Government Orders dated 6.8.2005 and 14.10.2008 envisage the modification of standard tender document to take care of local need/specific requirement. In the MSW contract, the number of houses and labourers and the minimum wages, specification of the vehicles in terms of MSW Rules has to be provided. Therefore, Appendix I, II and E.F.G have been provided. Therefore, it is only combination of KW-4 and Appendix I, II, E.F.G standard document is compulsory. Any modification can only be in terms of law. The Corporation contended that, the Government Orders on which reliance is placed is not applicable to service tenders. There is no standard document prescribed in relation to the service tenders and the work of this nature. The standard tender documents are pertaining to the civil contracts executed through the Public Works Department of the State Government. The standard tender document prescribed under the said Government Order is for the procurement entity under the State Government. The Government Order dated 6.8.2005 and the subsequent orders have no application to the instant tender invited by the Corporation.

47. The Government of Karnataka issued a Circular dated 29.0.2003 calling for comments and suggestions to the draft document relating to procurement of goods/services. After receipt of such comments, they proceeded to pass orders on 06.0.2005 prescribing a Standard Tender Document for procurement of works from 1st September, 2005 for a period of six months initially. They made it clear that the said order superceded the provisions contained in the Codes, Manuals or any other orders in this regard. Subsequently, by subsequent Government Order dated 21.03.2007, they made it mandatory for every Procurement Entity under the Government to use the Standard Tender Documents for procurement of works given in Annexure-I to VII to the Government Order dated 06.0.2005 with liberty to the Procurement Entity to suitably modify the technical provisions to suit their needs from 1st April 2007. It was made clear that this order supercedes the provisions contained in the Codes, Manuals or any other orders in this regard. Later, when certain modifications were suggested to the said tender document, after detailed discussion, the Committee decided to modify certain clauses of the Standard Tender Document. Therefore on 14.10.200, the clauses mentioned in the said Government Order, i.e., the clauses of the Standard Tender Document as prescribed in the Government Order dated 06.0.2005 were modified to the extend noted in the said Government Order.

50. Therefore, the procurement entity as defined under the Act are as under : -

(a) Any Government Department

(b) A State Government Undertaking

(c) Local Authority or Board

(d) Body or Corporation established by or under any law and owned or controlled by the Government

(e) Any other Body or Authority owned or controlled by the Government as may be specified by it.

51. The Government Order dated 6.8.2005 makes it clear that one Division each in PWD Buildings Wing and General Wing, one Division each in Water Resources Department and Minor Irrigation Department and one Division each in the Corporations under the administrative control of the Water Resources Department, as may be identified by the concerned Principal Secretary to Government, shall make use of standard tender documents given in Annexures I to VI to this Government Order in procurement of works from 1st of September 2005, for a period of six months initially. Subsequently, the Government Order dated 21.03.2007 made it clear that, every procurement entity under the Government (as defined in Section 2(d) of the Act shall make use of the aforesaid tender document for procurement of works given in Annexures I to VII to the Government Order dated 6.8.2005 with liberty to procurement entity to suitably modify the technical provisions to suit their needs from 1st April 2007. Subsequently, the Public Works Department expressed certain difficulties in the implementation of the Standard Tender Document prescribed vide the Government Order dated 6.8.2005 in so far as (1) Minimum financial turnover (2) Satisfactory completion of similar works (3) Owning of machineries (4) Furnishing of 10% of FSD (5) Payments to be made within 90 days to the contractor (6) Design and drawings part of the agreement, (7) Bid capacity, etc.,