KARNATAKA STATE CO-OPERATIVE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has challenged the order passed in appeal dated 23.8.2017 by the 1st respondent-authority as well as the order dated 5.5.2017 issued by the 2nd respondent-authority, inter-alia seeking for a direction to the respondents to declare the petitioner as the successful bidder being L-1 bidder.

(2.) The petitioner is the federation being registered under Karnataka Co-operative Societies Act, 1959 having its head office at Bengaluru and is carrying on its operation in various sectors of Government departments and has got branch office at Bidar. It is submitted that the 2nd respondent-authority invited E-Tender notification dated 9.12.2016 for supply of food materials to various Pre-metric and Post-metric hostels coming under the Backward Classes Welfare Minorities departments at Aurad taluka, Bidar District and the said tender application was available on the official web site of 2nd respondent-authority, according to which, the bidder opting for participation in the bid was required to submit the bid on or before 10.2.2017 at 2 p.m. The petitioner participated in the said tender by filing the bid in the required format and uploaded all supporting documents. The petitioner and respondent No.4 along with one M/s Venkateshwara Trading Company, Basavakalyan were qualified under the Technical bid and accordingly the price bids submitted by the successful bidders were opened. The scrutiny committee proceeded to consider the price bids, Tender Accepting Committee invoking clause Nos. 8 and 8.1 of the Tender notification proceeded to compare the price list submitted by successful bidders with that of the average market price of each item as secured from APMC Bidar.

(3.) The Committee picked the price of each item prevailing in the market for comparing the same with that of quoted by the successful bidders and taken into consideration the prices of each item based on the rates prevailing in the months of April 2016, September 2016 and December 2016 and calculated the average rate of each item required to be supplied by the bidders and the said average price was calculated for 116 items and assessed at total value for Rs.4,27,24,447/-. The Committee based on the said calculation compared with total price of 116 materials with that of the average market price assessed by the Committee.