- (1.) Challenging the decision of the Tender Committee dated 06.10.2015 whereby, bid submitted by the petitioner has been rejected on the ground that in terms of Clause 163 of the PWD Code a bid less than 10% of the amount mentioned in the Bill of Quantity shall be rejected abinitio.
(2.) It is contended that in terms of Clause 29.5 (A) of the bid document where the bid submitted by a bidder is found seriously unbalanced, the employer can enforce additional security to safeguard its interest however, the bid cannot be rejected on this ground. The provisions under Clause 163 of the PWD Code is not mandatory and it cannot regulate the express terms of the bid documents.
(3.) The learned A.G. appears on behalf of the respondent nos. 1 to 4.;