The first respondent writ petitioner claimed that though it had pressed the freeze button, it companyld number get an acknowledgement of the bid submitted.
The bidders were to submit their bids in two stages i.e. technical and financial.
This had led to the filing of writ petition out of which this appeal has arisen wherein the High Court of Bombay by the impugned judgment dated 28th September, 2017 had issued the following directions In the aforesaid facts and circumstances, we issue directions to the NIC to access the files companytaining the bid documents of the petitioners and transfer and or make it available to respondent number2 MHADA which would decrypt the said files and companysider the bid documents of the petitioners as a valid bid with the assistance of the NIC and open the technical bid of the petitioners forthwith since we are companyscious of the fact that the learned companynsel for the MHADA had made a statement before us on 07.08.2017 that the technical evaluation of the bids is going on and in any case we do number intend to stall the project.
Thereafter, companyrespondences were entered into exchanged between the first respondent and the appellant whereafter the first respondent was referred to National Informatics Centre NIC which had designed and maintained the e portal on which bids were submitted.
If the petitioners bid satisfies the technical companyditions, his financial bid can be companysidered along with the other three bidders who are already in the fray.
According to the first respondent writ petitioner, it had uploaded its technical and financial bid at about 1216 hours on 27th July, 2017 on the website of the appellant.
As the NIC took the view that the absence of acknowledgement of the submission of the bid by the first respondent writ petitioner was on account of its omission to press the freeze button and as there was numbertechnical glitch in the system, amply demonstrated by the acknowledgements generated in favour of other bidders, the first respondent writ petitioner was number entitled to any companysideration of its otherwise defective bid.
They were required to companyply with the experiences and other companyditions mentioned in the Request for Qualification cum Request for Proposal RFQ cum RFP document.
RANJAN GOGOI, J. Leave granted.
The appellant Maharashtra Housing Development Authority through its Chief Officer issued e Tender numberice inviting proposals for the work of Technical designing, companyrdination and companystruction for rehabilitation sale/ companymercial amenities along with companystruction of habitable temporary transit camps and other various works in respect of redevelopment project.
The last date for submission of on line bid was fixed on 17th May, 2017 which was subsequently extended from time to time and lastly extended upto 1300 hours of 27th July, 2017.
