file writ petition in HC seeking stay of award of contract to the successful biddder
2) draw attention of court to violation of terms and conditions of tender by the successful bidder
Allotments of tenders in violation of conditions
Please clarify what are the legal options available to the un successful bidder in case the authority favors the bid in violation of tender conditions / sans eligibility condition under check list to bid to the contract/ declaring the bidder in subject as successful , even after the deficiency is brought to his knowledge in writing /communication that the subject is not eligible to bid to this tender/contract. the deficiency of the successful bidder to the eligibility to bid to the tender has been cleared conditional , the provision is not available in the tender conditions.
Asked 7 years ago in Civil Law
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4 Answers
Hello,
You can file a writ petition directly in the high court if the tender has been allotted in violation of the tender conditions by the authorities. There have been precedents when the courts in such conditions have directed to conduct a fresh bid process.
Regards
1. Without seeing the notice to tender it is very difficult to advise further.
2. In the case of dispute leading of grant or cancellation of tender the aggrieved bidder can challenge the decisison in under writ jurisdiction of the high court.
The unsuccessful bidder , if finds that the tender was not conducted in a proper manner and there were violations in the conduct of the same, he may aproach the court with a permanent injunction suit seeking to restrain the authority to from proceeding with the biased and lopsided tendering activity.
You can also obtain a stay of the operation of the tender contract.
The burden of proof lies on the unsuccessful bidder.
