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
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
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
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
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
