SUMEET SECURITY SERVICE Vs. STATE OF ODISHA

JUDGEMENT

(1.) M/s Sumeet Security Service, Nayagarh, which is a partnership firm, has filed this writ petition seeking to quash the order dtd. 1/11/2022 under Annexure-6, by which the tender committee unanimously decided to reject the entire financial bid format (F2) of the petitioner due to submission of incomplete financial bid format, as a result of which the petitioner has not been eligible for further assessment and comparison in financial bid.

(2.) The factual matrix of the case, in brief, is that opposite party no.2, on 30/6/2022, issued Request for Proposal (RFP)-2 inviting applications from eligible bidders for selection of most suitable Agency to Undertake Outsourcing of Different Manpower Services at Government Health Institutions in the district of Nayagarh. The petitioner, having requisite qualification, submitted its bid, qualified in the verification and provisionally selected for further assessment. Accordingly, opposite party no.2, vide letter no.2888 dtd. 27/10/2022, informed the qualified bidder to attend the financial bid meeting held on 28/10/2022 at 11.30 A.M. Pursuant thereto, the petitioner filed all the requisites in Form-F2 price schedule for providing different manpower services with financial proposal. On 28/10/2022, when the petitioner attended the financial bid meeting found some discrepancies on the activity of opposite party no.2 to disqualify it as a successful bidder. Therefore, the petitioner submitted a representation before the Collector, Nayagarh regarding award of work order to L1 bidder attaching comparison statement of financial bid. Since no reply came from the side of the Collector, the petitioner sent legal notice to opposite party no.2 through its advocate on 29/10/2022. But, in reply to the notice dtd. 29/10/2022, the petitioner was informed that the tender committee unanimously decided to reject the entire financial bid format of the petitioner firm due to submission of incomplete financial bid format (F-2). Hence, this writ petition.

(3.) Mr. Milan Kanungo, learned Senior Counsel along with Ms. Chandana Mishra, learned counsel appearing for the petitioner contended that the financial bid of the petitioner has been rejected on the ground of non-submission of complete financial bid format (F2). But the deficiency in disclosure and the manner of incompleteness have not been indicated in the order of rejection. Therefore, since the order impugned dtd. 1/11/2022 in Annexure-6 has been passed without assigning any reason, the same cannot be sustained in the eye of law.