LAMBA BUILDCON PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The Government of India issued a tender bearing No. WAP/INFRA/MEA/IMFS/02-01 for selection of a contractor for construction of "India-Mongolia Friendship Secondary School (IMFS)"at Ulaanbaatar-Mongolia. The last date for submission of the bids for the tender was 27/3/2023 which was later extended to 9/4/2023 and then to 20/4/2023 and further extended to 2/5/2023 with the same terms and conditions. 2. The Petitioners prepared their bids in accordance with the requirement of the tender and submitted along with the requisite fee and bank guarantee on 2/5/2023 at 02:34 PM. It is stated that on the same day i.e., 2/5/2023, the last date for submission of the bids was extended to 12/5/2023 by issuing a corrigendum No. 5 and also there was an amendment made in the tender by issuing a corrigendum No. 6. The original clause and the amended clause of the tender have been given by the Petitioner in the Petition in a tabular form which reads as under: <IMG>JUDGEMENT_269_LAWS(DLH)7_2023_1.jpg</IMG>

(2.) It is pertinent to note that the corrigendum No.6 contains several other amendments which the Petitioner has chosen not to refer to in the petition and which are not relevant for the adjudication of the present disputes.

(3.) The Corrigendum Nos. 5 and 6 were issued by the Respondent No. 2 on 2/5/2023 i.e., on the date of deadline of submission of the technical bid. It is stated that the Petitioners were not informed about the corrigendum and the amendments made in the tender.