8101/2020 CAV JUDGMENT
rates.
2.3A pre-bid meeting was held on 15.05.2018 where according to the
petitioner, representatives of about 72 printing presses ... similar manner while quoting rates in their bids resulting in
multiple bids with quotes -31%. It appears that out of the 42
bidders, 28 bidders
which lays guidelines in respect of procurement, has been breached multiple times by the
said bidders for which appropriate and stringent action may be initiated ... process of bidding has been
manipulated by the submission of multiple bids through different entities by the same
promoter, viz. Mr. Deepak Aggarwal, which amounts
violation of the
spirit of the tender conditions that disallowed multiple bids by the same agent.
8. The Informant has specifically pointed out that ... violation of the spirit of the tender conditions that disallowed multiple bids by
the same agent.
14. At the outset, the Commission notes that breach
empanelled printers became successful bidders
in different printing packages. For the bids
invited for printing work for 2017-18, 5
empanelled printers (being Mirror Image ... capacity in terms of resources
and while they may have submitted bids for
multiple packages in the hope of winning
somewhere, they would quote lowest
during the said period even if its bid was the lowest.
(iii) Clubbing of four multiple information/ cases/ complaints and subsequently
conducting of consolidated investigation ... multiple reference cases as each type
of CBB constitutes a separate market and they are not a substitute to each other.
(ii) As previous bid
that a dual
or multiple participation by a consortium partner was not
permissible, even then, the bids offered by such
participants can be held ... view that a
dual or multiple consortium partnership like Pharpur in the
present case was not permissible and the bids offered by
the bidders
investigation, appeared to have found that
OP-2 made "cover bid" through M/s Aggarwal & Associates. Even
though the finding on engaging ... tender, is not indicative of
collusion and there are multiple reasons why parties to a bid may quote
prices that are similar and sometimes even
were found to be eligible. The price
bids were to be opened on 14.07.2011 but the bid was later cancelled without
assigning any reasons ... pellet plant projects were
integrated.
7. Technical bids for new tender were opened on 27.01.2012 and after
multiple rounds of discussion with each consortium, three
bid in the office of the Informant or near the closing time. It had filled
its bid a day before the bid submission and submitted ... office of the Informant on the last day
of bid submission but OP-9 did not meet them.
23.4 The DG has not found
representatives of SRK and Kinugawa pertaining to exchange of sensitive
information about bid pricing for supply of Hoses for ******** Platform vehicles.
When confronted with such ... Kinugawa admitted of having
such anti-competitive contacts with each other at multiple locations including in India.
However, it was submitted by them that these
