MICHAEL ZOTHANKHUMA
N. P. Associates, Represented By Its Proprietor Sri Nilotpal Pachani – Appellant
Versus
State Of Assam, Represented By The Secretary To The Department Of Handloom, Textiles And Sericulture – Respondent
JUDGMENT :
(Michael Zothankhuma, J.)
1. Heard Mr. B. Sharma, learned counsel for the petitioners. Also heard Mr. Mr. R. Dhar, learned counsel for the State respondents and Mr. D.K. Nath, learned counsel for the private respondents.
2. The grievance of the petitioners is that the petitioners’ technical bid has been disqualified by the Technical Bid Evaluation Committee, vide meeting minutes dated 22.02.2024, on the ground that the petitioners had (1) submitted documents, which were not in conformity with Clause 13(h) of the NIT, as the petitioners did not submit the Annual Audited Report (balance sheet and profit & loss account) and Income Tax Return for one particular year, i.e. 2022 – 2023 and (2) UDIN number in CA Certificate was not distinct.
3. The petitioners’ case is that the petitioners participated in the e-Tender Notice dated 11.01.2024 (hereinafter referred to as the ‘NIT’), for empanelment of manufacturers and suppliers for supply of handloom and handloom accessories under the various schemes of Government of India and Government of Assam, implemented by the Directorate of Handloom and Textiles, Assam.
4. The petitioners’ counsel submits that in terms of Clause 3(b) of the N
Afcons Infrastructure Ltd. Vs. Nagpur Metro Rail Corporation Ltd. & Another
The exemption for Micro and Small Enterprises does not apply to the submission of Annual Audited Reports and Income Tax Returns as required by the NIT.
Income tax returns are distinct from average annual financial turnover; MSE exemption does not apply to income tax return requirements in tender documents.
Micro and Small Enterprises (MSEs) are exempt from submitting prior turnover documents in public procurement, ensuring equal treatment in tender evaluations.
MSEs with valid Udyam Registration are exempt from turnover and experience criteria in bidding processes as per applicable regulations, and arbitrary disqualification on these grounds is unlawful.
Tenderers must comply strictly with bid specifications; non-compliance can justify rejection of technical bids.
Compliance with bidding conditions, specifically the demonstration of minimum average turnover, is crucial for the acceptance of bids in public procurement processes.
The main legal point established in the judgment is the requirement for bidders to comply with the bidding documents, including the submission of documents in the specified format. The judgment empha....
The court upheld the rejection of the petitioner's technical bid due to failure to meet registration requirements, emphasizing limited grounds for judicial review.
Interpretation of tender documents in favor of the bidder in case of ambiguity and the importance of adhering to the standards and norms laid down in the tender documents.
Tender evaluation must prioritize fairness, and the interpretation of criteria should avoid hyper-technical disqualifications that undermine competitive bidding processes.
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