2024 (6) TMI 486

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.... None appears for the respondent No.3 though served. 2. The petition challenges the acceptance of the bid of the respondent No.2 in the tender floated by the respondent No.1 for providing manpower to the respondent no.1 for a period of three years. The offer of the petitioner which was for 1.18% of the basic amount as indicated in para 10(B) of the NIT (page 43), which was inclusive of GST, has been rejected as being higher in price as compared to the offer of the respondent no.2 which was 1.03% of the basic amount as indicated above. 3. Mr. Mirza, learned counsel for the petitioners submits, that since the offer, was to include the percentage of GST in the service charges, as is indicated from the template at page Nos.60 and 61, the offe....

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....e by this Court in writ jurisdiction. 5. Mr. C.S. Dharmadhikari, learned counsel for the respondent No.2 contends, that all that was required by the note appended to clause 10(B) of the NIT (page 45), was that the offer on account of service charges should not be less than 1% of the figure which was indicated in clause 10(B) [page 43, Item 7] and the quote of 1.03% of service charges as given by the respondent No.2, was well above the requirement in that regard. He further contends, that since there was no requirement in the NIT regarding indicating anything about the GST payable on this figure of service charges, merely because the template in which the amount is to be filled stated that the percentage of service charges would be inclusiv....

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....categories is quoted as under. The note appended to Clause 10(B) is also material and is quoted as under : 7. The above, is the material condition of the NIT and indicates, that details, given in Sr. No.1 to 7 in the table above, are not changeable and the quote for service charges is based upon the figure given at Sr.7-B of each of the tables. The bid contains of three components (i) Service providing charges;(ii) other charges relating to contingencies and (iii) overhead charges, including emergencies. It is further clarified in the note appended below to the tables as indicated by a bare reading of it, that the decision of the final eligible tenderer was to be taken on the basis of service charges with the minimum amount or percentage ....

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....dicated in row no.7 for all the three categories, the split up of which is as indicated in row no.8 of all the three categories, without any mention of any GST, being part and parcel of the financial bid. This is also apparent from the note appended below clause 10 (B) of the NIT (pg.45). In this view of the matter, it is difficult to accept that the financial bid for the purpose of providing man power was to include the GST, as there is no indication of this, in the NIT. It is not in dispute that the petitioner nos.1 and 2 have quoted a bid of 1.18, as against which, the bid of the respondent no.2, was of 1.03 which would indicate that the bid of the respondent no.2, was less than that of the petitioner nos.1 and 2. It would be clear from ....