The petitioner was disqualified in a tender process. The reason is that the petitioner did not submit bid security and original DD for the tender cost as stipulated in 2.11.2 clause (d) and (e) of General Terms of Bidding. As per the tender proceedings, the petitioner has to submit on line tender regarding technical bid and also submit hard copies. In fact, the petitioner submitted quote by on line and also hard copy of bid security and DD for tender cost. While submitting hard copy, the DD as well as the bid security along with financial bid put in one envelope superscribes 'price bid'. Noting that the envelope superscribing the price bid official did not open it, as the financial bid meant to open only when they satisfied with the price bid. The petitioner's tender was rejected since the petitioner did not
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2 produce bank guarantee along with the DD cost. In fact, according to the petitioner, DD and the bank guarantee for bid security are contained in the envelope and there is no disqualification as such, as the same is there in the envelope. When the matter was heard yesterday, this Court directed the learned Govt.Pleader to produce the envelope submitted by the petitioner. Accordingly, it was produced before this Court. This Court opened the envelope. It was found that the petitioner has produced the DD and bank guarantee. Therefore, in fact the petitioner is eligible as he cannot be disqualified. The only error committed by the petitioner is placing the DD and security along with the financial bid. The Registry is directed to return the financial bid documents in a sealed cover to the learned Govt.Pleader. The bank guarantee with security along with the DD is handed over to the learned Govt.Pleader. Based on the above, it is declared that the petitioner has submitted all documents and the petitioner's eligibility will be depend
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3 upon the evaluation of technical bid by the committee. In view of the above impugned orders are quashed.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge)
Kvs/-
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