file writ petition in HC to disqualify the bidder as he has been declared non dependable by state govt
2) similarly if bidder did not have valid licence on 31/12 16 he could not have particpated in the bid and should have been disqualified
Violation of tender condition
Please advise us the legal options available if any to us on the following specific incident of violation of tender condition: 1. bidders who are declared non dependable by any govt.or it's agencies during last three years are not eligible for bidding. cut off date 31.03.2016. in this instance : one of the bidder who is declared non dependable and whose EMDs are forfeited is permitted to participate , the institution is run and managed by the state govt. proceedings date 31.07.2014. 2. the agency shall provide duly attested photocopies of state issued commercial pesticide applicator certificates . in this instance one of bidder has submitted the license that is expired , given the copy of application for renewal . the cut off date to have the license valid is 31.12.2016. the application for renewal is submitted to the authorities on 03.01.17
Asked 7 years ago in Business Law
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4 Answers
1. It appears you are the unsuccessful bidder in the Notice to tender.
2. Even if you are not and the tender is not issued as yet then you can always challenge the tender process on this ground of anomalies by filing writ petition in high court.
3. if there is substance in your allegations which is prima face established by documentary evidence the tender process would be cancelled and a fresh Tender would be called .
Hi
You can challenge the tender process under Article 226 of Constitution at High Court as it appears that
1) in first case a black listed/debarred firm has been permitted to participate in the tender process and
2) in the second case, the bidder does not have a valid commercial pesticide applicator certificate as of cut off date prescribed by the tenderer.
So you can approach the High court and get a stay order on the tender process and subsequently get the High court to direct the tenderer to take appropriate action against participating bidders who are not qualified to participate int he tender process.
In cae any bidder has been disqualified from bidding for another three years for the reasons as mentioned therein, they may not be eligible to participate in the tender contract for that banned period of three years.
If any such favoritism or nepotism was shown to any particular bidder, you can approach court for cancelling the tender and also stay of operation of the project through such a disqualified bidder.
The renewal may be genuine if there was some grace period after the expiry of the original limitation.
