- (1.) C M No.2128 of 2016 Application is allowed as prayed for. Written statement on behalf of respondent No.1 is taken on record. (1) The petitioner has challenged respondent No.1 having rejected its tender on the ground that it is non-responsive. The petitioner has also challenged the award of the work to respondent No.2-private respondent.
(2.) Respondent No.1 by a notice dated 11.12.2015, invited tenders. The petitioner and respondents No.2 and 3 submitted their tenders. It is not disputed that the petitioner fulfilled the eligibility criteria stipulated in the tender documents. The only ground on which the petitioner's tender has been rejected is that it had failed to duly sign each page of the annexures and appendices of the Model Tender Form (MTF) and to scan and upload the same in the eprocurement portal. The petitioner contends that it had duly signed the said annexures and appendices. The petitioner had signed the same by way of Digital Signature Card (DSC). Learned counsel for the respondents did not deny the same. They, however contend that the expression 'duly signed' in clause 8(c) (i) in the tender documents referred only to physical signatures and not to digital signatures with the use of DSC. Clause 8(c) (i) reads as follows: 8. Submission of Tender xx xx xx xx xx (c)The envelope/packet in online containing the technical bid shall include the following:- (i)All the Annexures & Appendices of MTF duly signed on each page by the Tenderer should be scanned and uploaded in e-procurement portal.
(3.) To determine the ambit of the words "duly signed" in Clause 8 (c )(i), it is necessary to also note the following provisions of the tender document: 3.Qualification conditions for Tender: xx xx xx xx (ii) Experience certificate in the proforma prescribed at Appendix VI shall be produced from customers stating proof of satisfactory execution and completion of the contract(s) besides duly certifying nature, period of contract and value of work handled. 5.Instructions for submitting Tender xx xx xx xx (b) Signing of Tender (i) The authorized signatory shall possess Digital Signature Card(DSC) for submission of tender documents and MTF. The DSC holder/authorized signatory signing the tender shall state in what capacity he is, signing the tender, for example as sole proprietor of the firm or as a Secretary/ Manager/Director etc., of a Limited Company. In case of Partnership firm, the names of all the partners should be disclosed and the tender shall be signed by all the partners or by their duly constituted attorney, having authority to bind all the partners in all the matters pertaining to the contract. The original or an attested copy, of the registered partnership deed should be scanned and uploaded along with the tender. In case of limited company the names of all the Directors shall be mentioned, and a copy of the resolution passed by the Company authorizing the person signing the tender to do so on behalf of the company shall be scanned and uploaded along with a copy of the Memorandum and Articles of Association of the Company. (ii) The Digital Signature Card (DSC) holder signing the tender, or any document forming part of the tender, on behalf of another or on behalf of a firm shall be responsible to produce a proper Power of Attorney duly executed in his favour stating that the he has authority to bind such other person, or the firm, as the case may be, in all matters, pertaining to the contract. If the Digital Signature Card (DSC) holder so signing the tender fails to produce the said Power of Attorney his tender shall be summarily rejected without prejudice to any other right of the Corporation under the law and EMD paid by him/her will be forfeited. The hard copy of Power of Attorney will be submitted by the successful tenderer at the time of awarding of the contract. (iii) The power of Attorney should be signed by all the partners, in the case of the partnership concern, by the proprietor in the case of proprietary concern, and by the person who by his signature can bind the company in case of the Limited Company. The Power of Attorney duly signed should be scanned and uploaded.;