Gargi Ranade (Company Secretary) 09 November 2010

Can we challenge it???

Hi Dear All,

I have one Query as prescribed below.

Government has come with tender offer. Through this tender Govt. is willing to purchase some machine made products. This Products are produced by various Manufacturers world wide, still Government has mentioned name of two forign Machinery producers which provide machines for production of this products.

Government through such technical specification restrict the tender offer for these two machine holders only , whereas spcified machine manufacturres are Forign Company and many Indian Company produces machines required for this products . Similarly , Machine names quoted in the technical specification is much more costlier than other similar capacity machines.

Now can same machine maker challange such tender offer ??? Which Act and which Provisions will protect such machine manufactureres???

waiting for your reply

Reply Follow

2 Replies

R.Ramachandran (Advocate) 09 November 2010

Better post the tender invitation in LCI so that one can go through the same and give a view.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 09 November 2010

Dear Querist,

Its the prerogative of any authority be it govt. or any company to float a tender asking for products of certain specification which would suit its future use. To that extent, you cannot say its arbitrary. Whats appears to me from your query is that you seek to challenge the tender (NIT) since it mentions products to be made available from certain particular machines only. Yes, it appears to be unjust and arbitrary thereby having having effect of ousting other manufacturers to disadvantaged situation which amounts to something against public policy which can not be permitted.

As adviced by other member, please post NIT to get a better view/advice.

1 Like