when there is no specific power conferred
upon the Authority/Tender Evaluation Committee in the NIT, it
was impermissible for the Authority to review ... Tender Evaluation Committee could have reviewed
its earlier order.
In the scheme of the EOI, the powers for evaluation by the Tender
Evaluation Committee
contrary to record. The
tender evaluation committee had evaluated the tender received
under the NIT in question on 17.12.2019 and had recommended for
annulment ... having been received and fresh tenders were
issued for both the blocks in question. The tender evaluation
committee opened the tender on 16.03.2020 and found
that there are three
committees, i.e. Tender Opening Committee, Tender Screening Committee
and the Tender Evaluation Committee. The Tender Opening Committee
merely opens ... scrutinize the documents and peruse the report of
the Tender Screening Committee. This Tender Evaluation Committee, after
conducting a detailed study of the documents
meeting held
on 26.08.2019. The Technical Evaluation Committee
evaluated the tenders of the petitioner as well as two
others stated above and found that ... criteria for evaluation of bids. Evaluation of
proposal was two-stage process. Evaluation of technical
and price bids would be by Technical Evaluation
Committee. Further
having been received and fresh
tenders were issued for the Bauxite blocks in question.
The Tender Evaluation Committee opened the tender on
16.03.2020 and found ... agency, to upload the corrigendum re-
scheduling tender process.
In the meantime, the meeting of the Tender
Evaluation Committee was held on 11.06.2020 who
gave
tender is in two parts as specified in the E-tender No.11031
dated 30th December,2020 as quoted herein:
4
"TENDER EVALUATION
Tenders ... Financial Bid of the
Tender Document. The Tender committee has not committed any
irregularity or illegality in evaluation of both Technical bid and
financial
satisfies the tender condition is
primarily upon the authority inviting the bids. Such authority is aware of
expectations from the tenderers while evaluating the consequences ... tender in question, there were 15 bidders. Bids
of 13 tenderers were found to be unresponsive i.e., not satisfying the
tender conditions. The writ
notice for inviting
tenders dated 26-4- 1993 does not preclude adoption
of this course of action. If the Tender Evaluation
27
908.wpl.6731 ... constituents counted as the neces-
sary experience required by the tenderer. The Tender
Evaluation Committee had ignored the experience on
the ground that the said
Tender Inviting Authority or the Tender
Accepting Authority, may seek bonafide
clarifications from tenderers relating to the tenders
submitted by them during the evaluation ... cannot participate in the
tender. If still the tenderer participates in the tender, then, the Tender
Scrutiny Committee which evaluates the documents submitted to
determine
financial bids and it
is for the tender inviting authority and the Tender Scrutiny
Committee to evaluate the tender and come to a conclusion ... satisfies the
tender condition is primarily upon the authority inviting
the bids. Such authority is aware of expectations from
the tenderers while evaluating the consequences
