illogical and incorrect application of the
Instructions To Bidders (for short, the ITB) and pointed
out that the mistake indicated in their letter of October ... assured that they would maintain the said bid
price. Under the ITB, the appellant evaluated their bid and
on December 18, 1999 informed them that
with technical
criteria.
2. The respondent had also issued “Instructions To Bidders” (ITB) which
contain clauses as to how the proposal shall be conducted. Clause ... ITB deals with Preliminary Examination of Techno-Commercial Proposals. We
think it appropriate to reproduce the same:-
“6.3.1 Preliminary Examination of Techno-Commercial Proposals
substantially responsive. A
reference was made to Clauses ITB 28.1 and 42.5. Under clause 28.1
“information relating to the evaluation of the Bids and recommendation ... information on
Contract award is communicated to all bidders in accordance with ITB
42.” As per clause 42.5, “only after notification of award, unsuccessful
Bidders
criteria applies to the government owned entity. He further referred to
Clause ITB 43, 43.1 to 43.4, 39.3, 42.1, 42.2 and Clause ... firm that is a private entity, a government-owned
entity – subject to ITB 4.3 – or any combination of such entities in the
form
Commandant 20 Bn Itb Police vs Sanjay Binjola on 2 May, 2001
Equivalent citations: AIR 2001 SUPREME COURT ... Sethi
CASE NO.:
Appeal (crl.) 591 of 2001
PETITIONER:
COMMANDANT 20 BN ITB POLICE
RESPONDENT:
SANJAY BINJOLA
DATE OF JUDGMENT: 02/05/2001
BENCH
respondent referred to clause 33.1 of the
„Instructions to Bidders‟ (ITB) which states that if there is a discrepancy
between the unit price ... respondent also referred to
clause 33.2 of the ITB to state that if the bidder who submits the lowest
evaluated bid does not accept
respondent has relied on Clause-E
of Option-A „Instructions to Bidders‟ (ITB) which reads as under:
―Option A - Section I. Instructions to Bidders
Clause ... information on Contract
award is communicated to all Bidders in accordance with ITB 42.
Clause F. Award of Contract
42. Notification of Award
42.5 After
Section 436 in The Merchant Shipping Act, 1958
436. Penalties .-
(1) Any person who contravenes
constituted the "Instructions to Bidders" (hereinafter
referred to as "ITB"). Though many of the clauses of the ITB were
reproductions ... interests of completion,
the relevant clauses of the ITB may be reproduced thus:
"3.2.A.1.2 The bidder should have experience of having
works in terms of clause 4.5 A
(b) of the Bid Document ITB (Instruction to Bidders).
(b) Quashing the subsequent Tender Notice dated 26.04.2018
(Annexure ... qualifying criteria.
9
i) Annual Turn over (Cl. 4.5 (A) (a) of ITB)
ii) Particular O & M Experience. (Cl. 4.5 (A) (b) of ITB
