JUDGEMENT
SANJAY KISHAN KAUL, J. -
(1.) THE Haryana State Cooperative Supply and Marketing
Federation Limited (hereinafter referred to as 'Hafed')/respondent
No.1 invited tenders on 23.7.2012 for construction of a godown
of the capacity of 45,000 Metric Ton in Round V under Private
Entrepreneur Godown Scheme -2008, for food grains of Food
Corporation of India/Respondent No.3 at Gohana Centre. The last
date for submission of tender was 23.7.2012. Eight tenders were
submitted, which were opened on 27.7.2012.
(2.) THE petitioner was one of the eight parties who had applied and was found technically qualified. A Scrutiny
Committee consisting of representatives of different
departments of Hafed and Food Corporation of India was set up
to submit a report. Simultaneously, District Level Committees
were also set up to submit their reports about sites, etc. Two of
the sites were not found suitable against which representations
were received. After the officers had inspected the sites and
carried out technical evaluation, a report was submitted before
the Senior Officers' Committee, which took a call on the basis of
which the bids were accepted or rejected. It may be noticed
that initially seven of the bids, including that of the petitioner,
were rejected but that issue was revisited.
It is only on 28.1.2013 that a complaint dated 23.1.2013 is stated to have been received on behalf of the petitioner in respect of finalisation of the bids relating to Gohana
Centre which, in turn, was also scrutinised. There were three
parties who were, ultimately, found technically qualified,
including the petitioner (respondent No.4 and respondents No.5
and 6 being the other two parties) and their financial bids were
opened on 21.2.2013, where the bid made by the petitioner was
least competitive seeking to quote a rate of Rs. 4.23 per quintal
per month as against the other two bids which were at par at Rs.
3.24 per quintal per month. It may be noticed that there was a substantial difference in the financial bids between the
petitioner and other two technically qualified bidders.
(3.) THE petitioner, through representative, continued to make representations and grievance and the present petition
has been filed only on 21.9.2013.;
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