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
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
package was fixed at Rs. 150.00 lacs.
IV) The Instruction to Bidders (ITB) lays down the terms and conditions for
awarding the contracts, according ... compliance of
clauses 4.7 and 4.7(A) of the ITB. Along with the report dated
18/04/2017, the committee had also enclosed the Technical
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
Tender. The submission is premised on two clauses of the
ITB of the said Tender:
"40.2 Failure of the successful Bidder to comply with ... requirement of ITB Clause 39 or ITB Sub-Clause 40.1 shall
constitute sufficient grounds for the annulment of the award
and forfeiture
petitioner, performance
security is demanded in terms of the Instructions to
Bidders (ITB) which is part of the Standard Bidding
Document prescribed by the Ministry ... Amount
of Contract (PAC) are treated as unbalanced bids in terms
of ITB; that additional performance security is to be
furnished in terms
petitioners, performance security is demanded in terms
of the Instructions to Bidders (ITB) which is part of the
Standard Bidding Document prescribed by the Ministry ... Amount of Contract (PAC) are treated as
unbalanced bids in terms of ITB; that additional
performance security is to be furnished in terms
company had
turned out to be lowest as per Article 19 of ―ITB‖ of Bid
document and for discussing issue, petitioner company
was further informed ... entitled to cancel the bid under Article 1.2 of ―ITB‖.
The view taken by Directors Committee is contrary
to public exchequer as the same contract
Financial Eligibility under the General Conditions of the Instructions to Bidders
('ITB' in short) to be illogical, the petitioner made a request ... clarifications, requesting that
Clause 2(B) of the General Conditions of ITB i.e. "The Bidder must have
minimum average annual turnover
parties relating to
liability to pay taxes and levies, detailed in the ITB of Bid Document
and General Terms and Conditions of Contract ... disputed. Relevant clauses relating to the payment of taxes as
.
contained in ITB are as under:-
"13.0 Taxes and Levies
13.1 As indicated
