said writ
petition, before opening of the tender bids, the KSRTC amended the tender
conditions as were incorporated in the earlier tender document replacing
Condition ... more tender notices after the tender notice dated
05.07.2007. The said tender notices were dated 04.03.2008, 22.08.2008,
24.10.2008 and 19.03.2009. Pursuant to the tender notices
have been tailored to favour
companies having foreign collaboration. The tender conditions are
described to be discriminatory under Article 14 of the Constitution of
India ... authorities. Unless the action of tendering
Authority is found to be malicious and misuse of its statutory powers,
tender conditions are unassailable. On intensive examination
that the Tender Accepting Authority shall accept the
tender of domestic enterprises, not being the lowest tender, upon
satisfaction of such conditions ... tenders, and L-3 in 2021 in Andhra Pradesh
tender. These tenders had generic specifications unlike the present
tender. Alpha only got disqualified
Tender conference.”
Clause 2.15 speaks of “Pre-tender Conference” as follows:-
“1) Pre-tenders conference open to all
prospective tenderer will be held ... part
of tender documents and which will also be
common and applicable to all tenderer.
3) The e-tender submitted by the tenderer
shall
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
centers around the exposition of an
eligibility norm engrafted in the tender conditions qua a
prestigious project with global participation. The
appellant stands disqualified ... bids was eventually fixed on
25.05.2016.
6. As per the tender conditions, the offer was to be
made in three envelopes, to be submitted simultaneously
fourth
respondent participated in the tender process by
submitting the requisite documents. As per the
tender conditions, there is a requirement to furnish
necessary certificates ... tender, authorities
have acted within their authority, as such, it
cannot be construed either as a relaxation or
violation of tender conditions.
40. The learned
though the respondents have defended the terms and
conditions / justified terms and conditions of the earlier tender, they
have cancelled the same and therefore ... tender documents, unless there
a malafide or perversity in the understanding or
appreciation or in the application of the terms of the
tender conditions
drawing a false equivalency between the present Tender and the Ennore Tender. The two Tenders were issued without reference to one another and the bids ... conditions and without questioning any of such conditions at any point of time, the petitioner, the fourth respondent herein and two other tenderers participated
these two conditions specified in the offer of the respondent No. 2 were in conflict with the mandatory conditions of the tender and the undertaking ... that the authority calling for the tenders is the best judge on the question whether the new tender conditions were better than what were prescribed
