B. N. ENTERPRISES Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the Bihar State Tourism Development Corporation as well as the learned counsel for the State.

(2.) A Notice Inviting Tender (NIT) was issued on 15.01.2019. The advertised work was for development of BABA Ganinath Temple Mahnar, Vaishali at an estimated cost of Rs.762.65 lacs. The duration of the contract was 24 months, subsequently modified to 18 months under a Corrigendum dated 04.02.2019. Initially five bidders participated in the tender process. Three stood qualified. Technical bid of the remaining two bidders, including that of the petitioner, was declared responsive. On 31.07.2019 without assigning any reason, the tender process was declared cancelled. Re-tender was notified on the same day having the same terms and conditions with respect to estimated cost and duration of the contract being 18 months. Bid validity in terms of the NIT was to expire on 30.01.2020. Technical Bid Evaluation Committee scrutinized the technical bid of three bidders.

(3.) The petitioner's assertion is that only his technical bid was the single tender found responsive, the financial bid was opened. It is his assertion that the rates quoted by the petitioner was below the Schedule of Rates (hereinafter referred to "SOR") and that he was declared L-1.