clause 4.4 B(a) III(a) of Instructions to Bidders
['ITB']. The requisite information in this regard was uploaded by the
official respondents ... representation to the official
respondents in terms of clause 22.6 of ITB which provides five working
days' time to the aggrieved bidder to submit
NHAI-122257-1) along
with Instruction to Bidders ('ITB') dated 13th July, 2022 for establishment of
four (4) Highway Nest (Mini) Shop ... compliance of clause 4(1)(e) of the ITB, forming part of the Tender document
and (ii) non-compliance of clause 5 of the ITB
allowed,
holding that Clause 19.7 of instructions to bidders (in short “ITB”) cannot be
invoked as the respondent's bid was not considered ... respondent/writ petitioner, since as per Clauses 20.1 read with 22.1 of ITB,
non-receipt of bid before the deadline will be declared non-responsive
petitioners, vide e-mail dated 18.09.2023, by which the Invitation to Bid
(ITB) dated July, 2023 has been cancelled, even before the bids ... policy dated 19.09.2023.Thus the letter dated 18.09.2023
cancelling the ITB and the Policy dated 19.09.2023 should be set aside.
4. The petitioners
invoking Clause-21.5 of the Instruction
To Bidders (ITB) of the Detailed Tender Call Notice
(DTCN).
2. The short facts involved in this case ... technical bid of the bidders were scrutinized in
terms of provision of ITB of DTCN. In the technical
evaluation, the petitioner and OPNos
Instructions to Bidders (hereinafter
referred to as ITB).
5. Respondent No.5 submitted a representation to the respondents 2 to 4 (in
the writ petition ... terms of clause 22.6 of the ITB which enables an
aggrieved bidder to prefer a representation within five working days
from the opening
Instructions to Bidders (hereinafter
referred to as ITB).
5. Respondent No.5 submitted a representation to the respondents 2 to 4 (in
the writ petition ... terms of clause 22.6 of the ITB which enables an
aggrieved bidder to prefer a representation within five working days
from the opening
comply with clause 4.4. A (b) of instructions to bidders (ITB).
7. We have heard learned counsel for the parties and have also
gone through ... technical bid was fully in compliance with clause 4.4 A (b) of ITB; as
the work in terms of said clause was duly certified
Punit Popat , Kolkata vs Itb,Nfac,Delhi, , Delhi on 29 April, 2024
आयकर अपील य अ धकरण, कोलकाता पीठ 'बी', कोलकाता
conditions.
4. The applicable Instructions to Bidder (hereinafter referred as 'ITB')
contains an arbitration clause in the following terms:
44.0 DISPUTE RESOLUTION (ADDENDUM ... Clause A.2 and A.3 of the Annexure -III to ITB.
7. The petitioner vide letter dated 01.07.2024 responded to the aforesaid
notice
