reject the tender. As a
matter of fact, the tender itself is not rejected, but the earlier
tender notification is recalled, which would ... have recalled the tender and rejected the tender of
the consortium on the ground that the tender itself is recalled. It is
this action that
tender had been rejected and that they
(DDA) had decided to recall the tender. The petitioner is aggrieved by the
fact that despite its price ... which
informed the petitioner that the DDA had decided to recall the tender. The
relevant extract of this communication is reproduced hereunder
guarantee as per contract clause 3(a) &
3(b)
(iii) recall of tender for balance work at risk and cost of
present contractor ... performance guarantees as per the contract
clause 3(a) and (b); recalled tender for balance work at risk and
cost of the present contractor; took
recall of tender after revising the
tender conditions for getting wider participation and healthy
competition in larger public interest.
13. Further on tender file ... fresh tender. Vide letter dated 19.6.2020, the
petitioners were informed that the entire e-auction tendering process had
been recalled and the bidding process stood
comes about is the impugned tender
notification/re-tender notification on 21-02-2023, the third in line.
The tender now indicated that the expected ... duties and responsibilities of the Tender
Inviting Authority, if the Tender Scrutiny Committee opines to
reject all the tender/s. The case on hand will
above reasons had the Agreements
drawn been cancelled and new tenders recalled the
cost would have been more. Further, precious time
would have been lost ... approved in the technically sanctioned,
sanctioned estimate and also on which basis
tenders had been invited and contractors' rates
accepted. He informed the Committee
Bhogal, learned Senior Counsel
representing the petitioner, contended that since tender in
question was to be opened on 29.1.2020, eligibility criteria
prescribed in Office Memorandum ... were to be made applicable for all works henceforth
including on recalled tenders.
32. Mr.Ashok Sharma, learned Advocate General, while
making this Court
Inviting Tenders (NITs) have a clause that the tender
applications could be rejected without assigning any
reason. This clause is apparently incorporated in
tender enquiries ... record clear, logical reasons
for any such action of rejection/recall of tenders on the
file"
16
14. In view of the aforesaid facts
tender inviting authority to
prescribe terms and conditions of the tender and definitely,
Court cannot question the terms and conditions incorporated
in the tender document ... having perused record has already apprised
intention of the Department to recall the tender but now the
question which stares at this Court
contended by the petitioner that the action of
respondents to recall and cancel the tender on a condition, which was
not part ... petitioner was L-1, but the tender was recalled and cancelled on the
ground that it was not as per letter
