GPT INFRAPROJECTS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioners seek a direction to the respondents to recall the purported decision taken by them to disqualify the bid submitted by the petitioners.

(2.) The respondents had issued a notice inviting e-Tender on 17.01.2014 in respect of construction of a Super Specialty Block at the Kolkata Medical College, Kolkata under PMSSY. The last date for filling up / uploading the tender through the e-Tendering process was indicated to be 10.02.2014 upto 1500 hours and the opening of the tender was to take place at 1530 hours on the same date. Subsequently, this date was extended to 17.02.2014. The said notice inviting tender required the submission of a bid security in the sum of Rs 79.5 lakhs which was either to be submitted in the form of a demand draft of a scheduled bank or in the form of a bank guarantee in favour of Ministry of Health and Family Welfare, Government of India, New Delhi as per Form B of Vol.-I of the tender before the date and time fixed for submission of bids either by registered post or by hand failing which the bid was to be declared as non-responsive.

(3.) Clause 2.3.6 of the Instructions to Bidders (ITB) stipulated the requirements with regard to the contents of the technical package. Clause 2.3.6(a)(ii) stipulated that the technical package Part-I should inter alia comprise of "bid security, in original". The bid security was either the EMD (Earnest Money Deposit) in the form of a demand draft of a scheduled bank or a bank guarantee in favour of the Ministry of Health and Family Welfare, New Delhi having a validity for six months or more from the last date of receipt of tenders. The bank guarantee was also to be irrevocable. It was also stipulated in clause 2.3.6(a)(c) that bids not accompanied by the EMD shall be treated as non-responsive and would be summarily rejected.