Gauhati High Court Page No.# 1/4 vs Food Corporation Of India And 2 Ors on 26 May, 2023 Page No.# 1/4 GAHC010174702021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5610/2021 M/S S K ENTERPRISE AND ANR PROPRIETOR SANTOSH KUMAR AGARWAL, BARPETA ROAD, P.O. AND P.S. BARPETA ROAD, WARD NO.2, DIST. BARPETA ASSAM, PIN 781301, GSTIN 18AMSPA3983G3ZN 2: SANTOSH KUMAR AGARWAL S/O BABULAL AGARWAL R/O BARPETA ROAD P.O. AND P.S. BARPETA ROAD WARD NO. 2 DIST. BARPETA ASSAM PIN 78130 VERSUS FOOD CORPORATION OF INDIA AND 2 ORS REGIONAL OFFICE, ASSAM REGION, PALTAN BAZAR, GHY, P.O. AND P.S. PALTAN BAZAR, DIST. KAMRUP, ASSAM, PIN 781008 2:THE GENERAL MANAGER ASSAM REGION FOOD CORPORATION OF INDIA PALTAN BAZAR GHY 781008 3:ASSTT. GENERAL MANAGER ASSAM REGION FOOD CORPORATION OF INDIA PALTAN BAZAR GHY 78100 Advocate for the Petitioner : MR. M U MAHMUD Page No.# 2/4 Advocate for the Respondent : SC, F C I BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.05.2023 None appears on behalf of the petitioners on call. Mr. P.K. Roy, the learned Senior Counsel assisted by Mr. S.K. Chakraborty, the learned counsel appears for the respondent Nos. 1, 2 & 3. 2. The instant writ petition has been filed challenging the rejection of the bid of the petitioners against Tender No. S & C/2171/Assam/AP/2021. To the said writ petition, the Model Tender Form has been enclosed. 3. Clause 6 of the General Information to Tenderers stipulates that each tender must be accompanied by an Earnest Money @ 2% value of the contract which must be submitted electronically through NEFT/RTGS/other electronic means by tenderers for which concerned FCI/RO would provide its Bank Account No. and concerned Branch of the bank where the account is held. It was further stipulated in Clause No. 6 that in case of NEFT/RTGS/other electronic means the tenderer has to indicate the transaction no. (UTR no.) of such payments appropriately in the bid. 4. It is further seen that in terms with Clause 14 of the General Information to Tenderers, certain exemptions have been granted to the Micro and Small Enterprises. In terms with Clause 14 (II), the Micro and Small Enterprises (MSE) registered with the agencies for the items/tendered will be exempted from payment of Earnest Money Deposit. In SubClause (III) of Clause 14, it has been further mentioned that the MSEs who are interested in availing themselves of these benefits and preferential treatment, will enclose with their offer, the proof of their being registered for goods produced and services rendered with any of the agencies mentioned in the notification of the Page No.# 3/4 Ministry of MSME indicated therein with the bid. The agencies have been mentioned to be the (i) District Industries Center, (ii) Khadi and Village Industries Commission, (iii) Khadi and Village Industries Board, (iv) Coir Board, (v) National Small Industries Corporation, (vi) Directorate of Handicraft and Handloom and (vii) any other body specified by the Ministry of MSME. 5. In SubClause (IV) of Clause 14, the MSEs must indicate the date of their MSE registration which should be valid as on the last date of submission of their tender. MSEs further in order to get exemption and benefits should upload attested/self certified copy of valid registration certificate, giving details such as stores/services etc, failing which they run the risk of their bid being passed over as ineligible for the benefits applicable to the MSEs. 6. In SubClause (V) of Clause 14, the benefits as stated above to MSE, shall be available for goods/services produced and provided by the MSMEs for which they are registered. In Sub Clause (VI) of Clause 14, it has been further stipulated that if the MSE do not fulfill the criteria laid down in Sub Clauses (III), (IV) and (V), such offers would not be entitled for the benefits under MSE Notification dated 23/3/12. 7. It appears from the record that the Technical Bid Evaluation Committee consisting of the AGM (Cont), AGM (F/A) & AGM (Movt) examined the tenders for appointment of the RTC Ex FCI Siding PEG (Sabhog) to FSD Tihu. Amongst th