M/S. Dev Prabha Construction Pvt. Ltd vs The Bharat Coking Coal Limited on 18 February, 2021

rebate on his quoted rates after dt:24.02.2020. during Tender Reverse Auction, it will be • Letter no. Cum Reverse acceptable... DCPL/CMC/2019- 20/02 Auction Process.

Dt: 25.02.2020 (P/C/265- Therefore the suo-moto
268) which was received in rebates offered by
the office of GM (CMC) vide Devprabha Construction
diary no 616 Private limited is not
Dt: 25.02.2020. acceptable. As such suo-
The bidder has mentioned moto rebate cannot be
in the letter that, "in order used for evaluation of
to obtain the contract and tender. In view of above,
in view with good relations Om Sharda Logitics Pvt.
prevailing with BCCL" they Ltd. remains the lowest
are offering suo-moto quoted bidder even after
rebate. RAP.
5. Clause no. 34 of NIT/TD: E-mail was sent to NIC to There's no possibility of
REVOCATION OF TENDER enquire the possibility of Revocation of tender as
PROCESS: (P/C/87) Revocation till the stage of per clause no.34 of
There may be situation when the before RAP on Dt: NIT/TD, confirmed by
decision of Tender Committee 12.03.2020 Service Provider-NIC.
may have to be changed NIC replied on
subsequently on account of a Dt.20.03.2020 stating the
Court's verdict. Also, there following (P/C/284):
may Circumstances when online Quote--
evaluation of tender is not done As per our system, the
correctly due to mistake by the revocation is possible till
Evaluator or due to technical technical evaluation stage
error in the system, which may in Non-ATP tenders.
lead to cancellation of tender. In In this case, the financial
order to avoid the cancellation of opening and the auction

tender in such cases, the tender also got completed and the
process needs be reverted back overall comparative chart is
to appropriate stage (i.e. bid also generated. Now at this
Opening stage etc.) to comply stage revocation is not
with the possible.
court's verdict or to rectify the Unquote---.
error committed by the
Evaluator. This provision in the e-
procurement system has been
introduced with an objective to
abide by the Court's verdict or to
ensure that the tender process
should not suffer due to any
mistake committed by an
individual or due to any technical
error in the system.
Revocation of tender process
back to Technical-bid opening
stage or Price-bid opening stage
from an advanced stage shall be
done under the following
circumstances: a. To comply with
the directives of Hon'ble Court of
Law.
b. If the evaluator makes a
mistake in online evaluation of
tender, which is not in line with
the Tender Committee decision.
c. If there is a error in the
online evaluation of tender due to
technical error in the system.
Revocation of Tender process will
be done with the specific
approval of the concerned
Director.
In all such cases the Tender
Revocation Notice must contain
the details of the circumstances
leading to revocation of tender
process.
The Revocation of Tender on the
e-Procurement portal can be
done by way of creation and
publication of corrigendum.
However, since Revocation of
tender, in true sense, is not a
Corrigendum to NIT, the Tender
Revocation Notice will be
uploaded only on the e
Procurement portal
https://coalindiatenders.nic.in.
IN case of revocation of Tender
at any stage the auto-refund of
EMD may not work properly and
in such case it may be required
that tender Inviting Authority
to arrange refund of EMD
through conventional system of
refund of EMD.

c. If there is a error in the online evaluation of tender due to technical error in the system.

Revocation of Tender process will be done with the specific approval of the concerned Director.

In all such cases the Tender Revocation Notice must contain the details of the circumstances leading to revocation of tender process.

The Revocation of Tender on the e-Procurement portal can be done by way of creation and publication of corrigendum. However, since Revocation of Tender, in true sense, is not a Corrigendum to NIT, the Tender Revocation Notice will be uploaded only on the e-Procurement portal https://coalindiatenders.nic.in.

In case of revocation of Tender at any stage the auto-refund of EMD may not work properly and in such case it may be required that Tender Inviting Authority to arrange refund of EMD through conventional system of refund of EMD."

33. On bare perusal of Clause 34 of ITB, it appears that the same speaks of three situations. First is that the Tender Committee is required to change its decision in compliance of a court's verdict. The second situation is that where the mistake of evaluator in online evaluation of tender has appeared and the third situation is that if there has been technical error in the system while making online evaluation of tender. All these three situations may lead to revocation of tender. For all these eventualities, the tender committee has been instructed to avoid the cancellation of the tender process, rather it needs to be reverted back to appropriate stage to cure such mistake or to comply with the court's verdict. The objective for introducing the said provision in the ITB appears to be intended to abide by the court's verdict or to ensure that the tender process should not suffer in entirety due to any mistake committed by an individual or due to any technical error in the system.

20

34. In the present case, the tender committee in order to comply Clause 34 of ITB sought opinion of NIC with respect to the possibility of revocation of tender. The NIC replied the query of the tender committee in following manner:-

"As per our system, the revocation is possible till technical evaluation stage in Non-ATP tenders. In this case, the financial opening and the auction also got completed and the overall comparative chart is also generated. Now at this stage revocation is not possible."

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