OK to modify tender document before last date, Legal News, ET LegalWorld – Legal Firms


BENGALURU: A tendering authority can change, modify or amend the tender document prior to opening of the technical bid as per Karnataka Transparency in Public Procurements Rules, 2000, the Karnataka high court has observed in a recent judgement, reports P Vasantha Kumar.

“In terms of Rule 14 of the Rules, before the opening of the technical bid, change, modification or amendment to the tender document is a permissible exercise of power. The only rider is that the information should be given to all the tenderers,” Justice M Nagaprasanna has noted in his order.

The information is required to be given to all the tenderers if the changes are made after the last date of submission of bids, but before opening of technical bid or opening of any bid for that matter,” Justice M Nagaprasanna noted.

Dismissing a petition filed by Rajath R of Bengaluru, the judge has pointed the corrigendum notification, stipulating production of three years’ GST certificates instead of one year as specified in the tender notice, was issued on April 8, 2022, as against April 11, 2022, the last date to submit bids and April 13, 2022, the date fixed for opening of the technical bid.

“The change in the tender condition by way of impugned corrigendum does not amount to changing the rules of the game after the game had commenced. Merely because the petitioner is non-suited by way of the said corrigendum and is out of the race, the corrigendum does not become illegal,” Justice Nagaprasanna further observed in his order.

The petitioner is the proprietor of RR Enterprises dealing with supply of readymade food and food items to the district hospital, Ramanagara, from 2021.

He had participated in the fresh tender in response to the notification dated March 31, 2022, pertaining to procurement of food to government hospitals in Ramanagara. However, he challenged the corrigendum issued on April 8 by which participants were told to produce three years’ GST certificate as against one year as contained in the tender notification. The main grievance of the petitioner was that by this act, his right to participate in the tender was taken away.


Source link