Back
NELSON SAILO
Asean Agencies – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. D. Soki, learned counsel for the petitioners and Mr. S. Tapin, learned Senior Govt. Advocate for the State respondents.
2. By filing this Writ Petition, the petitioner has prayed for setting aside of the order dated 31.05.2022 (Annexure-9) by which the technical bids of the petitioner was found to be non-responsive due to non-fulfillment of Clauses 4.5.4, 4.5.9 & 4.5.10 under Section 1 of the Standard Bidding Document (SBD). The petitioner has also prayed for a direction to the respondent authorities to give an opportunity to the petitioner to clarify or modify his technical bids as provided under Clause 23.4 (ii) of the Invitation For Bids (IFB). The petitioner has also prayed for a direction to the respondent authorities to award the work order to the petitioner for the work mentioned in the IFB dated 21.07.2019 (Annexure-3).
3. The facts of the case in brief is that the respondent No. 4 published the IFB dated 21.07.2019 for construction of road from Rumgong ADC Headquarter to connect Kaying EAC Headquarter 64 km (PH-I) (Molom to Bogne village 23.00 km in Siang District, Arunachal Pradesh) with approximate value of work at Rs. 3910.00 lakhs.
The rejection of a bid must be based on relevant and material factors, and the decision-making process should not consider extraneous or irrelevant factors.
Rule 23(16)(iv) of Assam Public Procurement Act, 2020 is reproduced Bidders securing specified minimum percent of marks or having fulfilled specific minimum achievement norms as fixed may be consider....
The decision to award a tender contract must be arrived at after objective consideration and evaluation and cannot be interfered with if not found to be arbitrary, malafide, irrational, unreasonable,....
The faulty application of the value of 'N' in the calculation of available bid capacity led to the illegal and arbitrary rejection of the petitioner's bid.
The decision-making process of the tendering authority should be respected unless there is mala fide or perversity, and the court should only interfere in tender matters in furtherance of public inte....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
