Bids, the Authority shall determine
whether each Bid is responsive to the requirements of this RFP.
A Bid shall be considered responsive ... thus, held to be a responsive
and the decision to declare it as a non-responsive bid on grounds of
alleged defect in the Power
otherwise, under the following
conditions:
(a) If a Bidder submits a non-responsive Bid;
Subject however that in the event of encashment of
Bid Security ... Bids, the Authority shall determine
whether each Bid is responsive to the requirements of this RFP.
A Bid shall be considered responsive
Bids, the Authority shall
determine whether each Bid is responsive to the requirements
of this RFP. A Bid shall be considered responsive ... non-responsive bid. However, as per the
latter part of sub-clause (a) of clause 2.20.7 if the bid is a non-
responsive bid
bidders are non-responsive (as alleged to be so of respondent
No.4) and the petitioner in view of such non-responsive bids seeks ... bid was non-responsive
and hence rightly rejected. The petitioner is not entitled to make a
non-responsive bid as responsive after submission
otherwise, under the
following conditions:
(a) If a Bidder submits a non-responsive BID as
defined in 3.1.6;
(b) If a Bidder engages ... clause (a) is "if a Bidder submits a non-responsive
bid as defined in Clause 3.1.6."
18. Clause 3.1.6 reads as under
account of plaintiff's bid being
treated as a non-responsive bid by the defendant. Hon'ble High Court
of Delhi ruled ... regarding
its Bid.
3.2 Tests of responsiveness
3.2.1 Prior to evaluation of Bids, the Authority
shall determine whether each Bid is responsive to
the requirements
bid and thereafter, once the Plaintiff was held
non successful bidder, invoked its bid security on the ground of its bid
being non-responsive. Aggrieved ... value of bid security by NHAI, if the
bidder submits a non-responsive bid and thus, in terms of the same,
the Plaintiff
sole ground itself their bid is liable to be declared as non-responsive.
34. It is submitted that, a reading of the original as well ... declare a bid non-responsive.
35. It is further submitted that, the appellant has stated that the
words "on behalf of Peel Ports
Appendix to ITB shall make the bid non-responsive."
'B. Bidding Documents:
8. Content of Bidding Documents:
8.1 The set of bidding documents ... were declared as technically non-responsive. It is recorded that "M/s.Balkrishan Ramkaran Goyal have submitted the bid security for a lesser period
reasons or any
justification has been given for accepting such non-responsive bid. It is urged by
him that the commercial bid of the third ... possible. When the bid is non-responsive and incomplete, it should
have been treated as non-responsive.
15. It is worth noting that
