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2018 Supreme(Tri) 1

S.TALAPATRA
Tata Metaliks Limited – Appellant
Versus
State of Tripura, Rep. by the Secretary, Drinking Water Supply and Sanitation – Respondent


Advocates Appeared:
For the Petitioners: Mr. P.K. Biswas and Mr. P. Majumdar.
For the Respondent: Mr. T.D. Majumdar.

Judgement Key Points

If the license was found to be under renewal after the opening of the bid, the legal implications would depend on the timing and the validity of the license at the relevant stages of the tender process.

Based on the provided document, the court emphasized that the license was valid on the last date of submission due to the renewal being granted before the technical evaluation committee's rejection decision. If, however, it were established that the license was only under renewal after the opening of the bid and not valid at the time of submission or the decision, the bid could potentially be considered non-responsive or invalid, as the tender conditions require proof of a valid license at the relevant time.

The key legal principle is that documents submitted must be valid on the date of submission or the last date of the tender process, unless the tender explicitly allows for renewal or extension during the process. If the license was only under renewal after the bid was opened and the license was not valid at the time of submission or evaluation, the authorities might have grounds to reject the bid for non-compliance with the tender conditions.

Furthermore, if the renewal was granted retrospectively and communicated appropriately, the bid might still be considered valid. However, if the renewal was only granted after the bid evaluation and was not communicated or considered at the appropriate time, the bid's validity could be challenged.

In summary, the validity of the license at the critical stages—especially at the time of submission and evaluation—is crucial. If the license was only under renewal after these stages, it could adversely affect the bid’s acceptance unless the tender conditions or legal principles support considering renewal as sufficient for validity during the relevant period.


JUDGMENT AND ORDER :

1. Heard Mr. P.K. Biswas, learned senior counsel assisted by Mr. P. Majumdar, learned counsel appearing for the petitioner as well as Mr. T.D. Majumdar, learned GA appearing for the respondents.

2. Being aggrieved by the decision of the technical evaluation committee taken on 02.11.2017 by rejecting the technical bid of the petitioner as non-responsive bidder, the petitioner has filed this writ petition. It has been urged by the petitioner that the respondents be directed to accept their technical bid as valid.

3. The facts are mostly undisputed. The respondent No. 4 floated the Notice Inviting Tender (for short NIT) for procurement of DI (K7) pipes of different diameters for water supply schemes in Tripura for the year 2017-2018 according to the terms and conditions as mentioned under P-NIe-T No. 05/EE/DWS/SD/AGT/2017-2018. In the list of documents to be uploaded the following documents, amongst others, were asked to be uploaded:

(i) Valid registration of the tenderer as manufacturers of DI pipes.

(ii) Document in support of production capacity of the tenderer's DI pipe manufacturing unit.

(iii) Valid license to use BIS standard mark for stipulated times of DI (K7)






























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