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 ... terms and conditions of the Invitation to Tender are within the domain
of the tenderer/tender making authority and are not open to judicial
scrutiny
that the RSMML is having every right to put the conditions in the
tender document/E-Auction Notice. Learned Advocate General
further submitted that ... should not interfere in the
tender matters, specially in the conditions incorporated in the
tender documents. Learned Advocate General further submitted
that as per Regulation
post-
tender document (the notice inviting tender being issued on 13.12.2019).
8. It is relevant to state that the tender conditions required documents ... race but more of whether the tendering
authority conducted sufficient due diligence of the bidders fulfilling the
tender conditions. A tender is meant to advance
terms of
agreement.
(b) In so far as Acceptance to Tender conditions are
concerned, it is stated that the claimant was to furnish a
Performance ... that the
appellant being a Public Sector Undertaking cannot relax the
Tender conditions during the course of execution of contract,
particularly the conditions which have
that the RSMML is having every right to put the conditions in the
tender document/E-Auction Notice. Learned Advocate General
further submitted that ... should not interfere in the
tender matters, specially in the conditions incorporated in the
tender documents. Learned Advocate General further submitted
that as per Regulation
decision was
taken to cancel the tenders and floating of fresh tenders recommended.
26. On 22.10.2022, Tenders received against ... aforesaid policy by altering the terms and
conditions of the tendering document, tender conditions has violated the
doctrine of level playing field. When tenders were
resources, (ii) fixation of value of tender is
within the realm of the executive and tender conditions are not open to judicial
review, unless ... stipulated in the impugned
tenders, as well as earlier tenders dated 25.06.2018 and 15.02.2021, is deemed
necessary:-
Tender dated
resources, (ii) fixation of value of tender is
within the realm of the executive and tender conditions are not open to judicial
review, unless ... stipulated in the impugned
tenders, as well as earlier tenders dated 25.06.2018 and 15.02.2021, is deemed
necessary:-
Tender dated
Petitioner has got all
the Tender credentials as per Clause-11. Clause-12 of the
Tender Conditions clearly specifies that non compliance
with ... Petitioner has been rejected by the Tender Committee on
the ground of non-compliance of the Tender conditions, by
thoroughly analyzing and scrutinizing each
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 ... would, ordinarily, be fully justified in rejecting a
tender if the tenderer does not fulfill the conditions required for
submission of a valid tender. Insistence
