• Tender processing & scrutiny non submission of minor and ancillary details

IRCTC floated a tender for setting up food plaza in railway stations. The important condition is the tenderer should have average turnover of 5 cr in previous 3 years. The tender also prescribes that the break up turnover details of hotels, stalls individual stall wise , unit wise should be submitted. In our tender we have quoted total turnover for stalls and hotels are submitted. this is how we used to submit in previous tenders also. Now we are the highest bidders and our tender is rejected on account of non submission of break up details. we quoted 6.4 crores and the present successful tenderer has quoted 4.7 crores. Our charted accountant has certified our turnover details.There is no other issues. Is there any legal remedy?
Asked 4 years ago in Business Law

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7 Answers

File writ petition in HC against rejection of your tender

2) take the plea that contract awarded to bidder who quoted one crore less than you

3) that you satisfy main conditions that you should have 5 cr turnover for last 3 years

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

You may not have submitted break up but you submitted total turnover of hotels ,stalls etc

You should have been given opportunity to furnish these details

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Sir you can file a writ petition before the hc challenging the tender.allocatuon on the ground that your tender was wrkngly rejected even though conditions were fulfiled

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The court may in these circumstances allow your petition and can provide an opportunity to give complete breakup and resubmit the tender.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

For not complying the requirement of break up caused you rejection. Well, IRCTC should have demanded or given have opportunity to fulfill the desired information.

It is also loss to the IRCTC to float tender with a loss of crore. Prepare a break up and submit with an applcaiton and approach High Court for stay and grant of tender as highers bidder,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you have not complied with the conditions of the tender called for then it is not the mistake of the IRCTC to reject your tender.

When you were required to give break up turnover details, you should have furnished the details, why do you rely upon the certificate of the auditor alone when you are not able to furnish the information to the satisfaction of the firm called for the tender.

Your legal steps in this regard may or may not fetch you the desired result.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

We feel we are discriminated because the information required is not a deal breaking information. It could be called for during the tender process. It is not going to alter the total turnover or any material information required to decide the tender. How can Govt., lose more than 1 crore of revenue for minor flaws like this

Without complying with the conditions for the contract you cannot justify your own reason.

Whatever be the reason, it is your fault to not furnish the break up details as you were required, hence all your explanations would be brushed aside considering it as vexatious claim.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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