PROMCO ENERGY PVT LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner claims to be a proven entity in respect of 'Waste Management Service', developing modern technology in various spheres, who sought to participate in the tender notified vide Ext.P1, in connection with the Integrated Modern Municipal Solid Waste Treatment Project at Brahmapuram, Kochi. The last date for submitting the tender was 19.11.2012 at '2.00 p.m' as scheduled under Head 'A. Schedule of Bidding Process' forming part of Ext.P1. The petitioner reached the spot and submitted the Bid, but it was 'late by 15 minutes' because of unforeseen and heavy traffic jam. The 'Financial Bids' were to be opened on a later date, with due intimation to the parties concerned, who satisfied the Technical Bid. The grievance of the petitioner is with regard to non-consideration of the claim and credentials of the petitioner, who is offering the most modern technology, to solve the situation.

(2.) MR . G.Sreekumar, the learned Sr. Counsel for the petitioner submits that Ext.P1 itself contains an enabling provision, whereby the second respondent, vide 'Note 2' of the 'Schedule of Bidding Process', has reserved the right to make changes to the 'Schedule of Bidding Process' and as such, the Bid documents submitted by the petitioner at '2.15 p.m.' was not liable to be rejected; more so when the opening of the 'Technical Bid' was only by 4'O clock in the evening on the same date and when the opening of the 'Financial Bid' was to be on a date still to be notified.

(3.) HEARD the learned Government Pleader as well, who submits that, by virtue of 'Clause 12.2' of Ext.P1, the second respondent has reserved the right to reject any proposal not submitted on time and which does not contain the information/documents as set out in the RFP (Request For Proposal) document and as such, the petitioner cannot have any vested right to have the B id considered by the second respondent.