The online tenders were invited under a Two Bid System at Central Public Procurement Portal for appointment of contractor for loading/unloading/ handling and transport of foodgrains and allied material etc. for a period of two years. In response thereto, the petitioner submitted his bid dated 18.12.2017 (Annexure P-1) along with relevant documents for the appointment as Handling and Transport Contractors at Julana Centre and also deposited 2% of the estimated contract value. As per the Technical Bid Opening Summary uploaded on the e-procure website on 19.12.2017 (Annexure P-2), six bidders had submitted their respective bids for the Julana Centre. The official respondents had uploaded the Technical Bid Evaluation Report dated 6.4.2018 (Annexure P-4) on the official website showing the petitioner as technically disqualified on the ground that the petitioner had failed to upload undertaking for NIT. The petitioner had also brought to the notice of the official respondents the order dated 28.2.2018 (Annexure P-4) passed in CWP-3415-2018, wherein this Court had interpreted the same tender documents to hold that the NIT does not stipulate the manner in which the undertaking was to be filled in. Further, the official respondents had opened the financial bids of the technically qualified bidders as is clear from the documents, i.e. rates received in Price Bids and Tender Summary Reports dated 7.5.2018 (Annexures P-5 and P-6, respectively) uploaded on the official website. Hence, the present writ petition.
