JUDGMENT

(Dated this the 21st day of August 2020)

The petitioner is a Government contractor, who participated in the tender invited by the 2nd respondent for the construction of a new building for Government ITI, Vengoor. The Notice inviting Tender is produced as Ext.P1 dated 31.10.2019. The estimated cost of civil work was for an amount of Rs.4,23,47,786/-. The period of completion is one year and six months. The last date for submission of the bid document was 18.11.2019, and the tender opening was fixed on 22.11.2019. It is stipulated in Ext.P1 that the terms and conditions of the contract shall be as per the bid documents published in the e-government procurement website www.etenders.kerala.gov. Ext.P2 is part – IV of the bid document, wherein, as per serial No.23, the defect liability period is fixed as 3 years.

2. The bid was opened, and the petitioner was awarded the tender as per Ext.P3 selection notice dated 27.12.2019 for an amount of Rs.3,75,11,340/-. In Ext.P3, the defect liability period is fixed at 60 months. On receipt of Ext.P3, he met the 2nd respondent and informed him that since the defect liability period is enhanced to 60 months, he is not ready to accept the tend