- (1.) Aggrieved by the letter dated 18.2.2014 (Annexure10), whereby the petitioner was directed to submit confirmation letter regarding price, failing which the respondentCMPDIL would take action in terms of Clause 8 of the Tender Document, the present writ petition has been filed.
(2.) The brief facts of the case are that, pursuant to Tender Notice No. MM/ETen/Advt/1314/003 for supply and installation of Desktop PC, Tablet PC, Workstation, LapTop etc. the petitioner submitted its bid online. The due date for opening of online documents was 26.7.2013 itself and TechnoCommercial bid was to be opened at 3.30 P.M on 26.7.2013. The petitioner became L1 bidder. Before the workorder is issued, "Lenovo" introduced another model ThinkCentre M92 desktop because "Intel" launched 4th generation processors and chipset. Accordingly, the petitioner vide letter dated 20.1.2014 informed the respondentCMPDIL along with letter of M/S Lenovo India Pvt. Ltd. Responding to the petitioner's letter, the General Manager, CMPDIL vide letter dated 22.1.2014 directed the petitioner to clarify change in specification of both the models, if any. A meeting of the petitioner's authorized representative and the Tender Committee was held on 28.1.2014. Vide letter dated 4.2.2014 the petitioner was directed to confirm that the price for the upgraded model shall remain same, as offered by it in its bid. In the meantime, the validity period for keeping the bid alive, lapsed and therefore, vide letter dated 10.2.2014 the petitioner informed the Chief Manager, CMPDIL that the validity of all the items mentioned in the etender notice is already over and therefore, the CMPDIL should refund the EMD submitted at the time of bid submission. However, vide letter dated 18.2.2014 the petitioner was directed to submit confirmation within seven days. Aggrieved, the present writ petition has been filed.
(3.) Heard counsel for the parties.;