consequences, hence, the said clause has to be treated as an essential
tender condition.
30. The tender document prescribes a format for furnishing information related ... same. Therefore,
any bid submitted by tenderers which was not in conformity with the essential tender
condition could not have been accepted by the Evaluation
condition contained in Annexure 2
read with 2.5.5 of the tender in the manner aforesaid.
Once the tender condition states that the tender must
strictly ... essential
condition and an ancillary condition. It needs little
emphasis that an essential condition has to be enforced
punctiliously and rigidly but an ancillary condition
tenderers within 03 (three) days of opening of
technical tenderers in the office of tender opening authority.
e) If a tenderer(s) quotes nil rates ... condition of tender is not complied with, it is open to the
person inviting tender to reject the same. Whether a
condition is essential
condition
of tender is not complied with, it is open to the
person inviting tender to reject the same.
Whether a condition is essential ... down that non-compliance of
essential conditions of tender would make the tender liable
for rejection, however, if the condition violated is non-
17 Rashmi
condition of the tender that the
tenderer shall send by speed post, a copy of the registration
certificate. It was necessary for the tenderer ... tender is not complied with, it is open to the person inviting the
tender to reject the same. Whether a condition is essential or
collateral
terms and
conditions of the tender and submits that the tender conditions require a tenderer to read
the tender condition thoroughly and to seek ... money by a valid tender than otherwise prescribed by the tender condition is
substantial compliance of the tender conditions. In the present case, when
above
bedded hospitals, as provided in the eligibility of bidders
(essential condition) of tender form 2017 i.e. Annexure P-
13.
ii) To direct ... respondents not to change the eligibility
criteria/essential condition as contained in the tender
document of the previous year i.e. 2016, which provides
that
case , by not insisting upon
the requirement in the tender notice which was an essential
condition of eligibility, bestowed a favour ... issue as to
when a particular condition is essential or ancillary condition. It is held that
essential conditions are required to be satisfied whereas
cannot be said that the aforesaid requirement in the tender document is
not an essential condition of contract and that it could be lightly dealt ... would have taken a decision that it
was not an essential condition of the tender requirement to include the
service tax. Completely ignoring the aforesaid
aspects. The tenderer may not scrupulously
follow the condition of the tender or the tenderer follows the
method not indicated in the tender conditions ... tender, relaxes the tender
conditions.
In respect of tender conditions, a distinction is drawn
between the essential conditions and non-essential conditions
