SUNSHINE ENTERPRISES Vs. INDIAN COUNCIL FOR ARGICULTURAL RESEARCH

JUDGEMENT

(1.) The petitioner had responded to a tender issued by the Indian Council for Agricultural Research (ICAR), calling for bids for the purpose of awarding the contract for security services at its premises NASC Complex and Krishi Vihar Colony. The tender was through a two bids process (technical and financial bid). The petitioner's grievance is that its bid was rejected on the alleged ground that it has not furnished particulars to indicate fulfilment of essential eligibility criteria.

(2.) The respondent, ICAR, in its notice inviting tender (NIT) of July, 2017, indicated the last date of submission of bid as 17.8.2017. The bids were to be opened on 18.8.2017 and were valid for 90 days thereafter. Other conditions such as furnishing of security deposit etc. were prescribed. Clause 7 of the NIT dealt with the submission of essential documents for technical evaluation. Clause 7(vii) stated :

(3.) The petitioner's bid claimed that it had work force of over 400 security guards and that, it answered all the technical eligibility conditions. In support of the bid, the petitioner furnished various documents and also declared copies of such documents to be true and correct. However, ICAR rejected its bid. In the counter affidavit filed by ICAR, it is contended that the documents submitted by the petitioner no way supported its claim, that over 100 security guards/supervisors were registered under the Employees State Insurance Corporation (ESIC). The petitioner's claim is that the list provided in support of its tender mentioned the names, ESI registration number, as well as, EPF registration number of each employee/security guard.