ESSJAY ELECTRONICS PVT LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a PWD Contractor. Pursuant to Ext.P6 tender notice dated 10.07.2020 inviting e-tenders for the work of NABARD Assistance under RIDF XII(2015-2016)-Construction of Oncology centre for District Hospital at Tirur in Malappuram District" the petitioner submitted his bid on 28.07.2020. The tenders were opened on 04.08.2020. In Ext.P7 details uploaded in the website after the evaluation of bids, the petitioner was shown as the lowest tenderer among the 8 tenderers who quoted for the work. The petitioner had quoted -9.98% on the estimate rate. It is stated that the petitioner had submitted his bid on 28.07.2020.

(2.) The 3rd respondent had issued Ext.P8 tender notice on 13.07.2020 for the work of SITC of 250 KVA DG set with AMF panel and providing main panel board in VBI, Palode, Thiruvananthapuram. The petitioner had submitted his bid pursuant to that on 25.07.2020. The tenders were opened on 30.07.2020. Ext.P9 details uploaded after evaluation of the tenders would show that the petitioner was the lowest tenderer for that work also among the 3 tenderers. Relying on Ext.P10 bid list details published in the website in the forenoon of 23.09.2020, with the status uploaded on 04.08.2020, the petitioner stated that bids submitted by 3 tenderers including that of the petitioner were accepted pursuant to the tender notice Ext.P8 relating to the work at Palode. Producing Ext.P9 list prepared by the petitioner it is claimed that the petitioner is the lowest tenderer, having quoted at -7.29% below the estimate.

(3.) In Ext.P18 tender summary reports in respect of the work at Tirur covered by Exts.P6 and P7, uploaded by the respondents on 22.09.2020 a corrigendum was issued to the effect that the work was being retendered on direction from Chief Engineer Buildings, for the reason "inadequate confirmatory documents". It was also stated : "The tender has been retender before technical bid opening summary." Ext P18 tender details as downloaded from the website would show that the bid submission based on re-tender would start from 23.09.2020 and would end on 05.10.2010 and the bids would be opened on 09.10.2020.