O R D E R

% 05.08.2024

1. Present writ petition has been filed challenging the decision dated 2nd August 2024, whereby the petitioner was disqualified in the technical bid of the tender issued by the respondent/NBCC for operation and maintenance of Bharat Mandapam at Pragati Maidan, New Delhi.

2. Learned counsel for the petitioner states that the technical bids were opened on 27th July 2024 and the petitioner was held to be one of the two qualified bidders. He states that on 2nd August 2024, the petitioner was declared disqualified on the ground that the petitioner did not submit Form- C and bank guarantee (BG) as per the format provided by the respondent. He states that the documents filed by the petitioner meet all the mandatory requirement of the tender notice. He further states that there is no requirement related to Form-C and Bank Guarantee, which has not been fulfilled bythe petitioner.

3. He contends that the purpose of the format prescribed by the Tendering Authority is to ensure that all details are supplied by the bidders. He further contends that the respondent cannot disqualify any bidder only because the banker issuing the Bank Guarantee has deleted some Clauses because