Om Prakash Arya v. Food Corporation Of India Through Its General Manager




   
   

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"Vide Notice Inviting Tender (NIT), dated June 19, 2024 (P-1), the respondent-Corporation had invited e-tenders for appointment of regular contractor for handling and transport of foodgrains and allied material etc. at Centre Gohana, for a period of two years. Concededly, the petitioner participated in the tender process and submitted his bid. However, upon technical evaluation of his bid, the authorities, vide order dated August 27, 2024 (P-5), declared him noncompliant/non-responsive, as he failed to submit the bank account statement of the last one year, for the period ending on the date of publication of NIT.

Learned counsel for the petitioner fairly draws our attention to Clause XVIII(c) of the Tender Documents, which postulates that in the event, a tenderer is disqualified, he can, within two working days from the date of his disqualification, submit his grievance to the General Manager (Region) through GeM portal. And, the General Manager (Region) is to redress his grievance(s) by passing Speaking Order within seven (7) working days, and thereafter the price bid(s) would be opened. He submits, although the technical results were uploaded by the Corporation on August 27, 2024, butinadvertently and due to certain unforeseeable circumstances, the petitioner did not check the results uploaded till August 30, 2024. However, immediately after coming to know that he was declared ineligible, the petitioner, vide representation dated August 31, 2024 (P-6), questioned the validity of the decision of the respondent-authorities by which he was declared noncompliant. It is submitted that the price

-5bid submitted by the petitioner is 214% ASOR below as compared to M/s Jind Transport, the tenderer who has been adjudged L1. Be that as it may, he submits that the respondent-Corporation has failed to respond to the representation submitted by the petitioner, which is still pending consideration. Thus, this petition. Served with the advance copy of the petition, Mr. K.K. Gupta, Advocate is present in Court on behalf of the respondent-FCI. At the outset, he submits, as concededly the petitioner did not submit any objection/ grievance in terms of Clause 18(c) of the Tender Documents, the authority, in sync with the time-lines envisaged under the tender, has opened the price bid(s), upon which M/s Jind Transport was adjudged L1. However, it is urged, for the respondentauthority is already in seisin of the representation (ibid) alleged to have been submitted by the petitioner, let the petition be disposed of, to enable the competent authority to consider the concerns/grievances of the petitioner. And pass appropriate orders, in accordance with law.

Learned counsel for the petitioner is agreeable to the course suggested by learned counsel for the respondent(s). However, he submits, the matter being time sensitive, the authorities be directed to take a decision within a specified time.

In response, learned counsel for the respondent(s) submits that necessary orders shall be passed within a period of 7 days from today. That being so, learned counsel for the petitioner submits that let the petition be disposed of in terms of the statement made by learned counsel for the respondent(s).

In the wake of the position sketched out above, as also the statements made by learned counsel for the parties, the petition is accordingly disposed of. This Court is sanguine that the respondent-authority shall consider/examine the matter in the right earnest, and as submitted by learned counsel appearing on its behalf, would pass the necessary orders within the stipulated period."

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"This order is to decide a representation of Om Prakash Arya dated 31.08.2024 received through e-mail against his disqualification for participating in HTC Gohana RH Gohana in which the bidder has submitted the Bank Statement of Last one-year w.e.f. 01st July

-62023 to 10th July 2024. This is in the wake of Hon'ble Punjab & Haryana High Court Order dated 03-09-2024.

On 19.06.2024, this office issued Tender Notice GeM/2024/B/5067588 dated 19.06.2024 for the appointment of Handling & Transport Contractor (HTC) at Centre HTC Gohana for a period of two years.

On 10.07.2024, The bidder Om Prakash Arya submitted its Bids/Documents for being appointed as the contractor for HTC Gohana. The other two bidders being Jind Transport Company & Poonam Transport Company.

On 27.08.2024 the bid of Om Prakash Arya was technically rejected on GeM by the technical evaluation committee citing reason "The technical bid submitted by the bidder i.e. OM PRAKASH ARYA is not in accordance with the technical criteria laid down in the MTF/NIT. The bidder has not submitted the bank statement of last one year for the period ending on the date of publication of NIT in case of non-assesse as required under clause 3(b)(iv) (List of documents to be uploaded by the bidders). Hence, the bidder may be technically disqualified as in-experienced bidder." Accordingly, the same was uploaded on GeM.

The bidder could not upload its one-time grievance seeking remedial measures through the GeM Portal within two days from the date of disqualification as specified under Clause XVIII (c) Laws governing the Contract & Dispute Resolution. However, the bidder represented through email on 31.08.2024.

Further, a committee comprising of three DGMs was constituted to review the representation dated 31.08.2024, keeping the view of gravity of the case. The committee analyzed the documents submitted by the bidder along with technical evaluation report and found the report in order.

The undersigned has gone through the contents of the representation dated 31.08.2024 of Om Prakash Arya vis-a-vis Technical Requirements, reasons of rejection of the Technical Bid. On perusal of the concerned file/records of the case, the Technical Bid Evaluation Committee found that the bidder has not submitted the bank statement of last one-year period ending on the date of publication of NIT in case of non-assesse as required under clause 3(b)(iv) (List of documents to be uploaded by the bidders) in accordance with the MT (for specific period i.e. 20- 06-2023 to 19-06-

-72024) and accordingly the bidder was technically disqualified. The decision of Technical Evaluation Committee and later three DGMs Committee have been found in order as the documents have not been uploaded on GeM portal while submitting the tender. In view of above, representation dated 31.08.2024 of Om Prakash Arya, having found devoid of merit and is hereby rejected in light of the above factual position vis-a-vis the provisions contained in the NIT/MTF."









 
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