K.C. Agarwal, J. - (1.) In pursuance of the Tender Notice No. 2/1986 inviting lumpsum tenders from the qualified contractors for construction of a bridge over river Ganga at Varanasi on National High Way No. 2 (Varanasi - Ramnagar - Mughalsarai bye - pass) the following four firms submitted their tenders : 1. M/s Hindustan Construction Company Limited, Bombay. 2. M/s Gammon India Limited, Bombay. 3. M/s U.P. State Bridge Corporation Limited, Lucknow, and 4. M/s National Building Construction Corporation Limited, New Delhi. On September 25, 1986, the tenders were opened. The bids received from the above four firms are as follows : JUDGEMENT_116_LAWS(ALL)4_19881.html
(2.) Under clause 2.24.81 the Employer is to award the contract to the tenderer whose tender has been determined to be substantially responsive to the Tender Documents and who has offered the lowest evaluated tender price provided that, in the opinion of the Employer, the tenderer has the capability and resources to carry out the contract work effectively. Clause 2.25 reserves the right of to employer to accept or reject any tender, and to annual the tendering process and reject on or all tenders at any time prior to the award of contract, without thereby incurring any liability to be affected tenderer.
(3.) The aforesaid clause further gives the procedure, which is to be followed before accepting the tenders. It provides that the recommendations on the tenders will be sent by the State Government to the Ministry of Transport, Government of India, which will, in turn, examine them and send its recommendation to the World Bank. Its recommendation thereafter will be transmitted the Government of India to the State Government, who would then authorise the Superintending Engineer to accept the tenders. This procedure was, however, not provided in the tender Documents.;