Case Note & Summary
The petitioner, Philips Electronics India Ltd., filed a writ petition challenging the acceptance of the technical bid of respondent no.4, Siemens Ltd., by respondent nos.2 and 3 (Directorate of Medical Education and Research and its Director) in a tender for procurement of 3-TESLA MRI Machines. The tender followed a two-bid system: technical bid (Part I) and commercial bid (Part II). Clause 10 of the technical bid required submission of a user list of the quoted model as per Annexure IV. Clause 1 of the commercial bid prohibited quoting any price in the technical bid, and clause 3(i) required a hands-on working demonstration before opening the commercial bid. The petitioner alleged that Siemens' technical bid was invalid because it did not submit a user list of the quoted model and that the demonstration was unsatisfactory. The court examined the tender documents and the submissions. It noted that the petitioner's own bid was rejected for quoting a price in the technical bid, which was a clear violation. Regarding Siemens, the court found that the user list submitted by Siemens included installations of the quoted model, and the demonstration was conducted and found satisfactory by the tender committee. The court held that the conditions regarding user list and demonstration were essential, but the petitioner failed to prove non-compliance. The court dismissed the petition, upholding the acceptance of Siemens' technical bid.
Headnote
A) Tender Law - Essential Conditions - Strict Compliance - Tender conditions requiring submission of user list of quoted model and hands-on demonstration are essential conditions - Non-compliance renders bid invalid - Court held that the petitioner failed to establish that respondent no.4's bid did not comply with these conditions (Paras 1-10).
Issue of Consideration
Whether the respondent no.4's technical bid was rightly accepted despite alleged non-compliance with tender conditions regarding user list and demonstration.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Tender law
- strict compliance with tender conditions
- essential conditions
- technical bid evaluation
- user list requirement
- demonstration requirement
