IMPORTANT POINT
The failure to quote a bid price in the prescribed format renders a financial bid non-responsive, as per the terms of the tender document.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. N. N. B. Choudhury, learned counsel, appearing on behalf of the appellant. Also heard Mr. B. Gogoi, learned standing counsel, Public Works Department(PWD), appearing on behalf of all the State Respondents; and Mr. R. Dubey, learned counsel, appearing on behalf of the private respondent No. 10.

2. The appellant, herein, by way of instituting the present intra-Court appeal, has presented a challenge to a judgment & order, dated 03.10.2024, passed by the learned Single Judge in WP(c)4483/2024, rejecting the prayer of the writ petitioner(appellant, herein) for an interference with the decision of the Financial Bid Evaluation Committee as regards the financial bid submitted by the appellant, herein, which was held to be non-responsive.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

In pursuance of the Notice Inviting Tender (NIT), dated 04.07.2024, issued for inviting bids from registered PWD Electrical Contractor/Firm for the work of “Construction of 33 KV dedicated HT Line from 132 KV Pavoi GSS to BCMC & H Campus with Laying of 33 KV armoured cable on railway track crossing, Installation of 3 nos. of 2500 KVA OLTC Transformer 33/0.433 KV Sub Station at BCMC&H Campus and Construction of one (01) no. of 33 KV Bay at 132 KV Pavoi GSS for Biswanath Chariali Medical College and Hospital at Biswanth Chariali, District Biswanath”; the appellant, herein, along with respondents No. 9 & 10, had submitted their respective bids.

The technical bids as submitted by the bidders were considered by the Tender Evaluation Committee, in its meeting held on 31.07.2024. On such consideration being made; the bids submitted by the appellant, herein, as well as the respondents No. 9 & 10, were found to be fulfilling all the eligibility criteria and accordingly, to be technically responsive.

Thereafter, the financial bids of the bidders were opened. It is projected that on opening of the financial bids; a summary details of the rates so quoted by the parties in the "Bill of Quantities" was uploaded in the Website and therein, the appellant, herein, was found to have quoted the lowest bid and accordingly, he was denoted as L-1, therein.

The Financial Bid Evaluation Committee, thereafter, evaluated the financial bids of the bidders including the appellant, herein, and on such evaluation; it having been found that the appellant had not quoted his bid price in his "Form of Bid", holding that the appellant had violated the provisions of Clause 13.2 of the Notice Inviting Tender (NIT), dated 04.07.2024, its bid was declared to be non-responsive and not entitled for further evaluation.

Being aggrieved, the appellant, herein, had approached the writ Court by way of instituting a writ petition being WP(c)4483/2024. The learned Single Judge upon considering the issues arising in the matter, vide judgment & order, dated 03.10.2024, was pleased to dismiss the said writ petition holding that the financial bid of the appellant, herein, was not in consonance with the essential terms and conditions as mandated under Clause 13.2 of the tender conditions.

4. Being aggrieved with the dismissal of WP(c)4483/2024, as noted- above; the appellant, herein, has approached this Court by way of instituting the present intra-Court appeal.

5. Assailing the judgment & order, dated 03.10.2024, passed by the learned Single Judge in WP(c)4483/2024; Mr. Choudhury, learned counsel for the appellant, has submitted that the Financial Bid Evaluation Committee had exceeded its jurisdiction in the matter, in-as-much as, the appellant, in his "Form of Bid", had categorically stipulated that the rate quoted by him for the work, in question, would be that so quoted in the "Bill of Quantities".

6. Mr. Choudhury, learned counsel, has further submitted that the appellant, herein, had duly quoted the rates for each of the items in the "Bill of Quantities" and the said amount ought t