correctness of the said order. On the admitted fact
that the tender conditions of Pudukottai District and
Trichy District are one and the same ... conditions are neither new nor addition
to the original conditions.
• It is submitted that the petitioners are finding a
way to stall the Tender proceedings
vide Tender No. 06220076, dated 24.02.2022 with closing date
as 28.03.2022. This tender was an exclusive developmental tender for the
same tendered item. However ... participated in the tender by filing the tender documents, thereafter no
tenderer has a right to challenge the conditions of the tender afterwards, as
that
participated in the tender
process and/or could have participated in the tender
process have challenged the tender conditions. It is
required to be noted ... tenderer/tender making authority
must have a free hand in setting the terms of the
tender.
...
...
...
9. Having gone through the respective
clauses/conditions which
correctness of the said order. On the admitted fact that the
tender conditions of Pudukottai District and Trichy
District are one and the same ... culled out
from the Tender Conditions. Therefore, the
fourteen conditions are neither new nor addition
to the original conditions.
• It is submitted that the petitioners
correctness of the said order. On the admitted fact that the
tender conditions of Pudukottai District and Trichy
District are one and the same ... culled out
from the Tender Conditions. Therefore, the
fourteen conditions are neither new nor addition
to the original conditions.
• It is submitted that the petitioners
only
under clause 25 of the tender condition but also under clause 37(g) of the
tender conditions, therefore such kind of substitution offered ... tender in question, there were 15 bidders. Bids of
13 tenderers were found to be unresponsive i.e.,
not satisfying the tender conditions. The writ
tender states that the subject tender is governed
by the Tamil Nadu Transparency in Tenders Act, 1998 and the Tamil Nadu
Transparency in Tenders Rules ... Foreign ship owner
are in violation of the Tender Rules and Tender Conditions.
34. Since the clarification letter dated 13.07.2022 issued by the
Directorate General
tender states that the subject tender is governed
by the Tamil Nadu Transparency in Tenders Act, 1998 and the Tamil Nadu
Transparency in Tenders Rules ... Foreign ship owner
are in violation of the Tender Rules and Tender Conditions.
34. Since the clarification letter dated 13.07.2022 issued by the
Directorate General
tender
was accepted and a letter of acceptance was also issued to him on 18.07.2017. As
per clause 7(1)(a) of the Tender Conditions ... working days of acceptance of the
tender, as per sub-clause (ii) of Clause 7 of the Tender Conditions, the General
Manager (Region) can give
Shamsons,
participated in the tender. Out of the fourteen, ten had had the required
experience as per the tender conditions.
56.As Shamsons had failed ... prospective
tenderers approached the Court challenging the restrictive nature of the tender
specifications. The writ petitions were dismissed and the contention that the
tender
