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
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
juncture, a reference to some of the material Instructions to the Bidders (ITB) regarding submission of the tenders, contained in section II of Form ... respect; and
(ii) Such other certificates as defined in the Appendix to ITB
(iii) Failure to submit the certificates/documents as specified above
responsive in terms of clause 21 of the
Instruction To Bidders (ITB) read along with item no. 4.0 of the
Bid Data Sheet (BDS), Section ... petitioner drew our attention to several clauses
of the Instructions To Bidders (ITB), and in particular, he
referred to clauses
Instructions to Bidders (hereinafter referred to as the "ITB") state that in the event there being any deviation to technical specifications, the same ... Deviations parameteriwse tendered Technical specifications if any.
d) Clause 17.4 of the ITB states that it is mandatory on the respondent No. 1 to determine
implications. She relied on Clause 27.1 of
the Instruction to Bidders section (ITB) of the NIT, which
provided that to assist in the examination ... Employer in the
evaluation of the Price Bids, in accordance with ITB
Clause 32."
W.P.(C)7622/2017 Page
submission of a written application. In the Instructions to Bidders (ITB),
it was postulated that the bid documents shall be read in conjunction with ... annexed as part of the
tender document. Clause 1 of the ITB stipulated the content of bidding
documents which included the technical specifications
Consortium.
2.3 In terms of the Instructions to Bidders (hereafter 'ITB'), the
Consortium Members constituted and incorporated TCMPL as a Joint
Venture Company ... Project Agreement. It claims that in terms of Clause 6.4.4
of the ITB, the Project Agreement was deemed to have been executed
between the parties
inviting bid contained annexed therewith, certain other
documents including Instructions to Bidders (ITB) as also the Conditions
of Agreement (COA).
4. On 21.01.2006 the respondent ... made to Clause 7.4 in Section V
(i)(a) of the ITB which reads as under:
"7.4 Section V
Para 7.4, Section
