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e-Tender dated 13.02.2024 in the GeM portal for procuring 367 Nos. of Ice
Lined Refrigerators (ILR). The said notice inviting ... Conditions of the GeM dated
29.11.2023. In the said General Terms and Conditions the buyer's
responsibilities on the GeM portal have been stipulated
assignment in the financial bid. However, in
the Government e-Market(GeM) Portal, the price for the consultancy part
and the post audit support ... Evaluation was
notified on 27.06.2024, in the Government e-Market(GeM) Portal.
The appellant, being aggrieved, had approached the writ Court by
way of instituting
participant bidders were opened in the Government e-Market
Place [GeM] portal. Upon opening of the technical bids, the Bid Evaluation
Committee uploaded the results ... facilitation portal, providing a neutral technological interface to enable
interaction and transactions between buyers and sellers registered on its
portal. The role of GeM
submitted by all the bidders, had been bifurcated in the GeM portal into two
parts. Further, the GeM portal did not accept the figure ... subsequently the Bid Evaluation Committee decision
was released in the GeM portal on 27.06.2024. The respondent No. 3, being the
lowest bidder, after the disqualification
Bidder's responsibility
to check the updated status/information on GeM Portal regularly after
opening of bid. No separate communication will be required ... Request 3 - "Due to text limit by the GeM Portal, the query is attached."
13. The petitioner's counsel submits that since
applicable.
(ii) The procuring entities shall fulfil the
requirements of the GeM portal pertaining in
publication of their annual requirements for the
common use goods ... respondent No.4 to float a fresh tender through the GeM
portal. The short question is thus whether the procurement
entity, i.e., respondent
consider the petitioners' representation/clarification,
which was uploaded in GeM portal on 14.06.2024, with regard to the
disqualification of the petitioners' technical ... their financial bids.
7. The petitioners' counsel submits that the GeM portal was kept open for 48
hours, i.e. till 12.06.2024, for facilitating
Bidder's responsibility to check the updated
status/information on GeM Portal regularly after opening of the bid.
It was further specified that ... Agreement dated 02.08.2024. This
Consortium had participated in the NIT through GeM Portal.
13. The Tender Evaluation Committee, through the GeM Portal,
sought 3(three
obtain official documents required to be submitted
with tender in the GeM portal. It is also contention of the petitioner that he
could ... done in the present case. Further, from the prescription of the GeM portal as
well as the general condition of the contract, it is seen
condition, which is always there in the tenders issued under the GeM Portal.
He submits that Clause 3 of the Terms and Conditions comes within ... agreement between Seller / Service Provider and Buyer. Further the use of GeM
Portal for Sale / Purchase of Goods / Services and the resulting Contracts shall
