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
submitted online.
ii. The bidding procedure provided for Instructions to
Bidders (ITB), Bidding Data Sheet (BDS), Evaluation and
Qualification Criteria and Bidding Forms ... bidders and adjustment
of price was not allowed subsequently as per ITB 14.
iv. Bid was to be supported by Letter
addition to the satisfactory fulfilment of-requirements
stipulated under section ITB, the following shall also apply:
Sr. No. Criteria Documents to be submitted Particulars ... have had any bearing on the bid of the
petitioner. The ITB enables the respondent to call for clarifications from the
W.P.(C) 8076
Respondents 10 and 11 are all bound by the ITB which should be
complied with scrupulously. In a work of this nature and
magnitude where ... waiver of a rule or
condition, unless so provided under the ITB, by the State or its
agencies (the appellant) in favour of one bidder
Board (supra), it has been specifically
observed as under:-
"...by the ITB which should be complied with scrupulously. In a work
of this nature ... Relaxation or waiver of a rule or condition,
unless so provided under ITB, by the State or its agencies (the
appellant) in favour
decision of the Hon'ble Supreme Court in Commandant, 20th Battalion, ITB Police v. Sanjay Binjola . In this case, the respondent Sanjay Binjola
waiver of a rule or condition, unless
so provided under the ITB, by the State or its agencies (the
appellant) in favour of one bidder ... Rules. We have, therefore, no hesitation in concluding
that adherence to ITB or Rules is the best principle to be
followed, which is also
request dated 2nd April,1997 made by
Union of India (ITB Police). Relying on
the decisions in Govt. of Kerala and
another
addition to the satisfactory fulfilment of-requirements stipulated under section
ITB, the following shall also apply:
Sr. No. Criteria Documents to be submitted Particulars ... Relaxation or
waiver of a rule or condition, unless so provided under ITB, by the
State or its agencies (the appellant) in favour
