M.N.BHANDARI, J. - (1.) By this writ petition, challenge is made to the orders dated 14/15.3.2016, 22.3.2016 and 30.3.2016 by which earnest money was forfeited and the petitioner was debarred to participate in the tender for one year. The direction is also sought for refund of earnest money of Rs.4 lakh.
(2.) Learned counsel submits that pursuant to e-tender floated by the respondents, petitioner participated in the bid for supply of approximately 6012 Qunt. TFL (5 kg.cloth packing) Hybrid Muticut Sorghum Sudan Grass (SSG) seeds at various Milk Unions/ Farms in the State of Rajasthan for the year 2015-16.
(3.) After opening technical bid, financial bid was also opened where petitioner stood L-4. The offer given by the lowest bidder (L-1) was accepted but it did not execute the agreement or the work. The same position remain with other lowest bidders L-2 and L-3. The bid of the petitioner was then accepted without a counter offer. As per the procedure given in the Rajasthan Transparency In Public Procurement Rules, 2013, the counter offer is to be given in case lowest bidder fails to perform the work. It is to be given to the next lowest bidder i.e. L-2 and, in case of his failure, to give counter offer to L-3 and so on.;