AI Overview...
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Relaxation of Bid Conditions - Several sources discuss the circumstances under which relaxation of tender conditions, including financial bid requirements, may be granted. Generally, strict adherence to tender conditions is emphasized, with relaxation being rare and permissible only in specific, justified cases such as bona fide reasons (01800030402, 02200036573). The tender documents typically specify that essential conditions must be adhered to without relaxation (01100058759, 01100068080).
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Judicial and Administrative Stance - Courts and authorities have underscored that essential tender conditions are non-negotiable, and relaxation should be granted cautiously, often only when explicitly permitted by the tender documents or in exceptional circumstances (01100058759). Arbitrary or irrational relaxation, especially after bid opening, is viewed as unfair and prejudicial to eligible bidders (02200036573).
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Specific Cases and Rejections - Several cases highlight that failure to meet stipulated bid requirements, such as submission of ownership documents or experience certificates, justifies bid rejection without relaxation (01400021561, 00400051993). In contrast, attempts to relax conditions post-bid opening, especially without clear authority or justified reasons, are often challenged and deemed unlawful (01800027283, 02200036573).
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Authority's Discretion - While authorities have some discretion to grant relaxation for genuine reasons, this must be exercised judiciously and in accordance with the tender terms. Unilateral relaxation or amendments after bid evaluation can be deemed arbitrary and violate principles of fairness (01800030402, 01100068080).
Analysis and Conclusion:
Relaxation of financial bid conditions is generally discouraged and should only be considered under exceptional, well-justified circumstances, preferably outlined explicitly in the tender documents. Arbitrary or post-bid relaxations are likely to be challenged as unfair and irrational, potentially leading to legal disputes. Tendering authorities must exercise caution and adhere strictly to the stipulated conditions to maintain transparency and fairness in the bidding process.
Search Results for "Relaxation of Financial Bid"
2015 0 Supreme(Gau) 562 • India - Gauhati
B.K.SHARMA
Constitution of India,1950 - Submission of tender - Earnest money deposit and for that matter technical bid ... There being failure on the part of the petitioner, the earnest money deposited by it and for that matter the financial bid was rightly rejected. There was no relaxation extended to tenderers. ... 13. In Rashmi Metaliks Ltd. ... When the matter rested thus, the financial bid was opened on 26/06/2015 and only thereafter the petitioner filed the writ petition on 13/07/2015. ... ....
2014 0 Supreme(Pat) 1031 • India - Patna
I.A.ANSARI, ANJANA MISHRA
as a tenderer, who was not eligible to participate in the financial bid. ... SAND MINING RIGHTS - TENDER PROCESS - TECHNICAL BID - FINANCIAL BID - ENVELOPE A - ENVELOPE B - ENVELOPE C - BANK DRAFT - ESSENTIAL ... CONDITION - RELAXATION OF CONDITION - JUDICIAL REVIEW - PUBLIC INTEREST - ARBITRARINESS - IRRATIONALITY - UNREASONABLENESS - BIAS ... It is also well settled that essential conditions of the NIT must be adhered to by all the tenderers and if there is no power of general #HL_ST....
2020 0 Supreme(HP) 556 • India - Himachal Pradesh
VIVEK SINGH THAKUR
Or it appears that TEC was inclined to clear the bid of petitioner by extending relaxation and somehow declaring its bid complete, may be swayed by its lowest financial bid, ignoring the fact that three bids were there which were complete in all respect. ... As brought out earlier at NP-33, committee was very sure that no cognizance will be given to financial documents in the document library while evaluating the bid. ... It is case of the petitioner that he is the lo....
2023 0 Supreme(J&K) 258 • India - Jammu and Kashmir
M. A. CHOWDHARY
of India, and direct the respondents to accept its Technical Bid and open the Financial Bid. ... Issues: The main issue was the rejection of the petitioner's Technical Bid and the petitioner's plea for relaxation as an ... The petitioner sought to quash the order cancelling its Technical Bid, grant relaxation as per the circular issued by the Government ... He has argued that the petitioner filed his representation dated 10.12.2022 for giving him relaxation....
2018 0 Supreme(Del) 892 • India - Delhi
S.RAVINDRA BHAT, A.K.CHAWLA
technical bid requirements, specifically the submission of experience certificates for the last three financial years. ... The court emphasized the authority's freedom of contract in enforcing tender conditions and cautioned against relaxation of mandatory ... discussed the NIT requirements, specifically Clause 9.2(f) which mandated the submission of experience certificates for the last three financial ... Relaxation of mandatory conditions of an NIT should be resorted to rarely, preferably when the ten....
2021 0 Supreme(Del) 690 • India - Delhi
C.HARI SHANKAR
No relaxation, from this dispensation, was envisaged or provided in the RFP or in the Financial Bid. 5. ... The financial bid of the appellant was opened on 5th July, 2004. There were various exhibits to the financial bid. ... Exhibit 11 to the Financial Bid was a “Format for Agreement”. ... There was, however, a departure, in Clause 17.0 of the Agreement, from Clause 17.0 of the Format of Agreement constituting Exhibit 11 to the #....
• India - Delhi High Court
C.HARI SHANKAR
The financial bid of the appellant was opened on 5th July, 2004. There were various exhibits to the financial bid. ... No relaxation, from this dispensation, was envisaged or provided in the RFP or in the Financial Bid. 5. ... Exhibit 11 to the Financial Bid was a "Format for Agreement". ... There was, however, a departure, in Clause 17.0 of the Agreement, from Clause 17.0 of the Format of Agreement constituting Exhibit 11 to the....
2016 0 Supreme(Bom) 752 • India - Bombay
B.P.DHARMADHIKARI, I.K.JAIN
Not supplying ownership documents of machinery, to be made available exclusively for tender work, is the defect alleged in the bid ... Executive Engineer and no completion of single work of building costing not less than Rs.384.00 lac are the vices alleged in the bid ... Not supplying ownership documents of machinery, to be made available exclusively for tender work, is the defect alleged in the bid ... of opening of financial bid was declared to be 02.05 PM i.e. just five minutes thereafter. ... It is ....
2020 0 Supreme(HP) 866 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
if the tender conditions permit such a relaxation. ... Work Contract - Notice Inviting e-Tenders - Earnest money- Held eligible for opening of financial bids - ... of NIeT - State can choose its own method to arrive at a decision and it is free to grant any relaxation for bona fide reasons, ... as eligible bidder and to open his financial bid. ... permit such a relaxation. ... It is free to grant any relaxation, for bona fide reasons, if the tender conditions permit s....
2022 0 Supreme(Ori) 193 • India - Orissa
B.R.SARANGI, SAVITRI RATHO
The petitioner alleged that the relaxation of clauses of the bid document after the opening of the technical bid was arbitrary and ... The petitioner did not object to the amendment when it was published or during the evaluation of the financial bid. ... non-serious and ineligible bidders, and that the petitioner was grossly prejudiced by the participation of such bidders in the financial ... Rather, he participated in the process of financial bid he....
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