ROSENBAUER INTERNATIONAL AG Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present dispute emanates from the tender process initiated by the Department of Supplies and Disposals, Haryana, for supply of Turn Table Ladder of 55 Meter at length used for fire rescue operations. The tender was floated on 01.11.2013. The last date for submission of the tender was 02.12.2013. The petitioner also participated in the tender in a two bid /Envelope System. The technical bids were opened on 04.12.2013 and the petitioner was found to be qualified in the technical bid. We are informed that there were three participating parties and all were found technically qualified. On the same day, an intimation was sent that the financial bids would be opened on 12.12.2013 at 10.30 A.M. It is the case of the petitioner that on opening of the financial bids, the petitioner was found to be L -1, an aspect not disputed by the respondents.

(2.) RESPONDENT No. 4 was L -2 and made a complaint on 17.12.2013 alleging 13 deviations in the technical bid of the petitioner. Comments of the petitioner were invited which were duly sent by the petitioner on 19.12.2013 and ultimate decision of the technical evaluations went in favour of the petitioner.

(3.) THE representative of the petitioner participated in the meeting on 08.01.2014. It is from here that the dispute starts. It is the case of the petitioner that since the e -mail dated 03.01.2014 only called upon the petitioner to depute the Senior Executive for 'clarification', those representatives were taken to surprise when the High Powered Purchase Committee sought price negotiation, for which the representatives present were not authorized. It is the say of the petitioner that they thus sought time.