- (1.) This petition has been filed aggrieved of the rejection of petitioners' bid for supply of fortified Aata with reference to notice inviting tender (NIT) dated 16-8-2012 issued by the Rajasthan State Food and Civil Supply Corporation Ltd. (hereinafter 'the Corporation') as modified on 7-9-2012. In the context of rejection of petitioners' bid it has been prayed that the tender process for grant of contract for the supply of fortified Aata be quashed and set aside and fresh tenders be called for where under the case of petitioner firm for grant of contract for supply of the goods in question be considered.
(2.) The facts of the case are that a NIT came to be issued on 16-8-2012 by the Corporation inviting applications/ tenders for consideration for grant of contract for supply of fortified Aata to the dairy booths and ration shops under public distribution system. The NIT was amended on 7-9-2012, where under the last date for submission of application by way of uploading the application online for consideration of the Corporation was fixed as 20-9-2012. The bidding process was two part: Technical and Financial. The technical related to eligibility condition and the financial to price competitiveness. Financial bids of only those successful in the technical bids were to be opened. The technical bids were to be opened on 21-9-2012.
(3.) It would be in place to point out that the mandatory terms and conditions of the tender as set out in the NIT were to be complied with by each of the bidders. Tenderers intending to participate were required to upload the tender form (digitally signed) as per check-list along with all essential documents. For the purpose of the present writ petition it is admitted position that the bidders were required as an essential condition of their bid to upload a certificate issued to them by MSME Development Institute (Ministry of Micro, Small and Medium Enterprises), a Central Government organisation determining and verifying grinding capacity of the tenderer/ applicant at a minimum 10 Metric Ton per day. The importance of the capacity certificate issued by the MSME cannot be discounted for the reason that the evaluation of the capacity of the tenderer was essential for determining the ability of successful bidder for supply of Aata of the requisite quantity.;