Case: Shrishri Infrastructure Pvt. Ltd Vs. The State of Maharashtra and Ors

and financial bids were opened on the same day; and (v) In spite of the fact that the petitioner being lowest bidder his claim was turned down on flimsy grounds. 15. In the instant case, the online percentage rate tenders were invited for carrying out construction work of eight primary health centers at various places within the Jalgaon district. The bidders were required to fill up the online tender between 20.11.2020 to 14.12.2020 till 18:00 hours. The technical bid was scheduled to be opened on 16.12.2020. Clause 6 of the tender notice mandated five days gap between the opening of the technical and financial bids. In the petition, initially, petitioner company did not disclose the fact that on its request the last date for submitting the online tender was extended. However, after filing the affidavit in reply by respondent Nos. 2 to 4, the petitioner company in its rejoinder affidavit conceded the fact that it had made an application to the respondent authorities for extension of time to submit/upload the tender document and accordingly, time was extended. As the time was extended, the technical bids were opened on 21.12.2020. It is admitted position that the financial bids were opened on 29.01.2021. There is therefore, no merit in the grievance of the petitioner company that there was no gap as mandated by Clause 6 of the tender notice, between the opening of the technical and financial bids. It is pertinent to note that initially the last date for filling the tender was 14.12.2020, however, on the request of the petitioner company, the same was extended as the petitioner could not upload the declaration, and even after extension of time it failed to upload the same. The petitioner company did not make any grievance to suggest that because of slowness of web portal it could not upload the declaration till opening of the financial bids. On a close scrutiny of the conditions contained in the tender notice, it is evident that all these conditions were to be complied with in letter and spirit and non-compliance of any of these conditions would lead to non-acceptance of the tender submitted by any tenderer. Admittedly, the petitioner had not submitted the declaration as required under the said tender conditions. It is trite that the statement of declaration and signature of the applicant assures that all the data is 100% true to the applicants knowledge and this prevents confusion, misconception and fraud in the process. 16. It is quite clear that the tender that was submitted by the petitioner company did not fulfill the requirements of the tender notice, in that the declaration which was mandatory and therefore, an integral part of the tender process, was not submitted within the time stipulated in the said notice or even thereafter. 17. The respondent authorities rightly held that the petitioner company did not comply with this condition, namely, submitting/uploading of the declaration within the specified period. It is pertinent that on the request of the petitioner company the last date for filing the tender was extended by 3 days as the petitioner company could not upload the declaration. However during the extended period and thereafter also the petitioner company did not submit/upload the declaration nor made any grievance till opening of the financial bid. The application given by the petitioner to submit declaration is after the opening of the financial bids. The respondent authorities did not consider its claim for financial bid. The said decision cannot be said to be in any manner arbitrary, mala-fide or unreasonable. Despite being aware of the said stipulation, the petitioner company did not submit the required document. The terms and conditions of the tender are required to be adhered to strictly. Contractual terms which define conditions of eligibility must be scrupulously enforced. A relaxation of a contractual term in the case of a particular bidder is liable to render the entire process arbitrary. In the present case, the tender condition of submitting the declaration is clear in its stipulation and therefore, the respondent authorities have rightly held the petitioner company ineligible for opening of its financial bid as it did not meet the conditions of eligibility. 18. The learned counsel for the petitioner placed reliance upon the following rulings of the Honble Supreme Court, viz. – to buttress its submission that the decision making process of the Government or its instrumentality should not be arbitrary, mala-fide or unreasonable. (i) Municipal Council, Neemuch Vs. Mahadeo Real Estate and Ors., (2019) 10 SCC 738 ; (ii) Bharat Coking Coal Limited and Ors. Vs. AMR Dev Prabha and Ors., (2020) 16 SCC 759 ; and (iii) Rashmi Metaliks Limited and Anr. Vs. Kolkata Metropolitan Development Authority and Ors., (2013) 10 SCC 95 . 19. The precise chronology of events as amply described and pointed out above, however, does not smack of any mala-fides, arbitrariness or unreasonableness in the decision making process adopted by the respondent authorities. On the contrary, the said process clearly appears to be quite transparent at all its stages from the beginning to the end. 20. One of the contentions of the petitioner was that in spite of being declared as the lowest bidder his claim was turned down. It appears to be petitioners own perception. In this respect, it is pertinent that as the petitioner company was held ineligible for the opening of its financial bid there was no occasion to open its financial bid. Apart from this, being declared the lowest bidder does not bestow a right upon any entity to the award of the contract. All that participating bidders are entitled to is a fair, equal and nondiscriminatory treatment. 21. The claim of the petitioner company in respect of slowness of the web portal is however, denied by the respondents and according to it rightly. Other tenderers successfully filled in the tender. We are therefore, not inclined to upset the process which would only cause further delay and would increase the burden on the exchequer of the Zilla Parishad.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]15. In the instant case, the online percentage rate tenders were invited for carrying out construction work of eight primary health centers at various places within the Jalgaon district. The bidders were required to fill up the online tender between 20.11.2020 to 14.12.2020 till 18:00 hours. The technical bid was scheduled to be opened on 16.12.2020. Clause 6 of the tender notice mandated five days gap between the opening of the technical and financial bids. In the petition, initially, petitioner company did not disclose the fact that on its request the last date for submitting the online tender was extended. However, after filing the affidavit in reply by respondent Nos. 2 to 4, the petitioner company in its rejoinder affidavit conceded the fact that it had made an application to the respondent authorities for extension of time to submit/upload the tender document and accordingly, time was extended. As the time was extended, the technical bids were opened on 21.12.2020. It is admitted position that the financial bids were opened on 29.01.2021. There is therefore, no merit in the grievance of the petitioner company that there was no gap as mandated by Clause 6 of the tender notice, between the opening of the technical and financial bids. It is pertinent to note that initially the last date for filling the tender was 14.12.2020, however, on the request of the petitioner company, the same was extended as the petitioner could not upload the declaration, and even after extension of time it failed to upload the same. The petitioner company did not make any grievance to suggest that because of slowness of web portal it could not upload the declaration till opening of the financial bids. On a close scrutiny of the conditions contained in the tender notice, it is evident that all these conditions were to be complied with in letter and spirit and non-compliance of any of these conditions would lead to non-acceptance of the tender submitted by any tenderer. Admittedly, the petitioner had not submitted the declaration as required under the said tender conditions. It is trite that the statement of declaration and signature of the applicant assures that all the data is 100% true to the applicants knowledge and this prevents confusion, misconception and fraud in the process.16. It is quite clear that the tender that was submitted by the petitioner company did not fulfill the requirements of the tender notice, in that the declaration which was mandatory and therefore, an integral part of the tender process, was not submitted within the time stipulated in the said notice or even thereafter.17. The respondent authorities rightly held that the petitioner company did not comply with this condition, namely, submitting/uploading of the declaration within the specified period. It is pertinent that on the request of the petitioner company the last date for filing the tender was extended by 3 days as the petitioner company could not upload the declaration. However during the extended period and thereafter also the petitioner company did not submit/upload the declaration nor made any grievance till opening of the financial bid. The application given by the petitioner to submit declaration is after the opening of the financial bids. The respondent authorities did not consider its claim for financial bid. The said decision cannot be said to be in any manner arbitrary, mala-fide or unreasonable. Despite being aware of the said stipulation, the petitioner company did not submit the required document. The terms and conditions of the tender are required to be adhered to strictly. Contractual terms which define conditions of eligibility must be scrupulously enforced. A relaxation of a contractual term in the case of a particular bidder is liable to render the entire process arbitrary. In the present case, the tender condition of submitting the declaration is clear in its stipulation and therefore, the respondent authorities have rightly held the petitioner company ineligible for opening of its financial bid as it did not meet the conditions of eligibility.19. The precise chronology of events as amply described and pointed out above, however, does not smack of any mala-fides, arbitrariness or unreasonableness in the decision making process adopted by the respondent authorities. On the contrary, the said process clearly appears to be quite transparent at all its stages from the beginning to the end.It appears to be petitioners own perception. In this respect, it is pertinent that as the petitioner company was held ineligible for the opening of its financial bid there was no occasion to open its financial bid. Apart from this, being declared the lowest bidder does not bestow a right upon any entity to the award of the contract. All that participating bidders are entitled to is a fair, equal and nondiscriminatory treatment.21. The claim of the petitioner company in respect of slowness of the web portal is however, denied by the respondents and according to it rightly. Other tenderers successfully filled in the tender. We are therefore, not inclined to upset the process which would only cause further delay and would increase the burden on the exchequer of the Zilla Parishad.