- (1.) THE respondent (C.C.L.) invited tenders, the petitioner was also one of the persons who had submitted his tender. The tenders comprised of two parts the Technical Bid and the Financial Bid. The date for opening the Technical Bid as mentioned in the advertisement was 19th June, 2009 and the date for opening the Financial Bid was 14th July, 2009.
(2.) THE petitioner's Technical Bid appears to have been rejected on the ground that the bank guarantee furnished by the petitioner was for only three months instead of the required five months. Accordingly, the Financial Bid of the petitioner was not opened. It has been stated by the petitioner in the writ petition that the contract has not yet been finalised and the respondent is still negotiating with the other persons who had submitted tenders.
(3.) IF the contract has not been finalised pursuant to the said tenders and negotiations are still continuing on the date on which a certified copy of the order is presented before the respondent no. 3, and if the Technical Bid of the petitioner was rejected only on the aforesaid ground of the error in the bank guarantee, the respondent will take into consideration the rectification issued by the bank of the petitioner dated 17.6.2009, copy of which has been enclosed as Annexure -3 to this writ petition and reconsider the Technical Bid of the petitioner, if necessary after verifying the date as well as the content of the rectification issued by the bank. If upon such reconsideration the Technical Bid of the petitioner is found valid, he will also be allowed to participate in the negotiations, after opening his Financial Bid if the Financial Bid of the petitioner permits such negotiation with the petitioner.;