SABYASACHI BHATTACHARYYA,J. - (1.) Respondent no. 4 floated a two-tier (technical and financial) re-tender for supply of cooked diet to indoor patients of Durgapur ESI Hospital vide ESI/DGP/NIT-04/DIET/20/Re 1/847 on June 25, 2020. The petitioner participated in the re-tender along with sixteen other bidders and succeeded in the technical bid. Tender Summary Reports were uploaded on September 10, 2020, indicating that financial bid was to be accepted in respect of the petitioner and four other bidders, while the other bidders had been rejected in the technical bid. However, vide Memo no. ESIH/DGP/1607 dated November 10, 2020, all sixteen bidders apart from the petitioner were requested to upload certain shortfall documents to validate their technical bids. On November 27, 2020, Memo no. ESIH/DGP/1682 was issued, requesting the petitioner and four other bidders to attend a selection process where the successful bidder was to be chosen by draw of lots.
(2.) Learned senior counsel for the petitioner submits that Rule 47C of the West Bengal Finance Rules provides for a "two-bid" system for high value purchase exceeding Rs. 10 lakh or for purchasing plant, machinery, equipment etc. of complex and technical nature which indicates that bids shall be invited in two parts, first the technical bid and then, only in respect of technically acceptable offers, the financial bid. Taking a cue from such Rule, counsel argues that unless the technical bid of a bidder is accepted on being eligible, the stage of financial bid does not arise.
(3.) Learned senior counsel next places reliance on a Memorandum dated February 14, 2017, which sets out the revised norms for acceptance of L1/H1 bid/Single bid when the number of qualified bidders during second call is less than three. Clause II thereof stipulates the situations on the basis of which the Tender Inviting Authority shall take a decision if the number of qualified bidders during tender/retender/re-auction is less than three.;