Cancellation of tender
Yogesh Nagpure
(Querist) 17 June 2015
This query is : Resolved
R/Sir
A government Department has floated a tender for some specific work.
Three bidders are qualified in existing Pre-Qualification criteria of the tender.
The techno-commercial bid was opened wherein all the bidders are qualified and their documents are found in order as prescribed in Pre-Qualification Criteria.
However the department, after opening the technical bid, cancelled the tenders without stating any reason for the same.
This is being done on the instruction of certain minister and to favor the X agency who is not qualified in existing Pre-Qualofication criteria.
Now the department is splitting the tender into two parts and changing the Pre-Qualification Criteria so that the X agency would get qualified.
I am one of the participants in the first tender which is now cancelled.
How to deal with the problem.
Any specific SC judgement which state such cancellation is void.
Guest
(Expert) 17 June 2015
Mr. Yogesh Nagpure,
Are you a lawyer, as your profile reveals, or a bidder/ busiessman, as you stated, "I am one of the participants in the first tender which is now cancelled?"
If you participated in the bid, you cannot be a lawyer. Any reason for making a false profile?
malipeddi jaggarao
(Expert) 18 June 2015
The author should reply to the clarification sought by expert Mr.Dhingra.
Prima facie the Department has right to cancel the tender process at any time before concluding the same as it would have put this as one of the conditions in the tender notice. If you can prove that the cancellation and splitting the tender is only to favour somebody, file a Writ petition and fight the case on merits.
Yogesh Nagpure
(Querist) 18 June 2015
Dear Mr. Dhingra
Basically I am an Engineer and M tech in advanced construction management. In total I earned 12 Degrees including B.Com, PGDTQM & ISO 9001, IFM (ICFAI), Masters of Business Law (NLSIU, Banglore), BSc, LLb, and few more.
Currently I am pursuing LLm in Criminal Law.
I was working as director in a construction / Consultancy company which i have resigned before two years and now Practicing as an Advocate.
The expression "I am one of the participants in the first tender which is now cancelled"
may be read as
"my client is of the participants in the first tender which is now cancelled"
Now as an advocate i registered on this site. I think your contention of making false profile is now answered and clarified.
Yogesh Nagpure
(Querist) 18 June 2015
Dear Mr. Devajyoti Barman
I perfectly agree that you should not supply the judgement but in case if you know some specific Ratio laid down by Apex court in similar cases you may help me.
or overlook the query if at all you dont have the information.
Thanks
Guest
(Expert) 18 June 2015
Mr. Yogesh Nagpure,
I don't feel the need to read "my client is of the participants in the first tender which is now cancelled," in place of your earlier statement, "I am one of the participants in the first tender which is now cancelled." AS A LAWYER, PROBABLY, YOU ALSO KNOW THAT SUBSTITUTION OF STATEMENT CANNOT CHANGE REALITY THAT TOO WHEN THE STTEMENT IS VOLUNTARY.
What I understand, your query was purely of an academic nature, not a real problem. However, if you have the real problem, can you please send a copy of tender notice as well as the tender cancellation order of the concerend authority through email for my satisfaction, so that I may reply you appropriately according to the real situation. You must also have tender document also. That would be helpful to me for going through the tender conditions, if you can send that also. You can send the documents at my email ID: dcgroup1962@gmail.com
Futher, as claimed, you are quite a learned man with 12 degrees with you and still pursuing LLM, but makes me wonder, in spite of all that your queries, as posted so far, are of academic nature. As in the present case, when you desired, "Any specific SC judgement which state such cancellation is void," in some other cases also you have asked for citations.
The question arises, when you are a lawyer, yourself, why you feel that others should do home work for and on behalf of you. As a lawyer, you are supposed to do your own home work.
Devajyoti Barman
(Expert) 20 June 2015
It's not a question of knowledge. We on principle do not supply decisions here.
Devajyoti Barman
(Expert) 20 June 2015
It's not a question of knowledge. We on principle do not supply decisions here.
