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2016 (8) TMI 1299 - SC - Indian LawsBiding process - whether furnishing a bank guarantee in the format prescribed in the bid documents is an essential requirement in the bidding process? - whether a bid not accompanied by a bank guarantee in the format prescribed in the bid documents of the Central Coalfields Limited could be treated as non-responsive in view of Clause 15.2 of the General Terms and Conditions governing the bidding process? - Held that - On the basis of the available case law, we are of the view that since CCL had not relaxed or deviated from the requirement of furnishing a bank guarantee in the prescribed format, in so far as the present appeals are concerned every bidder was obliged to adhere to the prescribed format of the bank guarantee. Consequently, the failure of JVC to furnish the bank guarantee in the prescribed format was sufficient reason for CCL to reject its bid. There is nothing to indicate that the process by which the decision was taken by CCL that the bank guarantee furnished by JVC ought to be rejected was flawed in any manner whatsoever. Similarly, there is nothing to indicate that the decision taken by CCL to reject the bank guarantee furnished by JVC and to adhere to the requirements of the NIT and the GTC was arbitrary or unreasonable or perverse in any manner whatsoever. The impugned judgment and order passed by the Division Bench of the Jharkhand High Court is accordingly set aside and these appeals are allowed.
Issues Involved:
1. Whether furnishing a bank guarantee in the format prescribed in the bid documents is an essential requirement in the bidding process of the Central Coalfields Limited (CCL). 2. Whether a bid not accompanied by a bank guarantee in the prescribed format can be treated as non-responsive under Clause 15.2 of the General Terms and Conditions (GTC). 3. Examination of judicial review of CCL's administrative action in adhering to the terms of the Notice Inviting Tender (NIT) and GTC. 4. Analysis of the High Court’s decision to entertain a bid with a non-prescribed bank guarantee format. 5. Consideration of the principle that the terms of the NIT cannot be ignored as redundant or superfluous. Detailed Analysis: 1. Essential Requirement of Prescribed Bank Guarantee Format: The Supreme Court affirmed that furnishing a bank guarantee in the format prescribed in the bid documents is an essential requirement in the bidding process of CCL. The Court emphasized that the terms of the NIT and GTC must be strictly adhered to, and any deviation from the prescribed format could lead to rejection of the bid. 2. Non-Responsive Bid Due to Incorrect Bank Guarantee Format: The Court held that a bid not accompanied by a bank guarantee in the prescribed format can be treated as non-responsive as per Clause 15.2 of the GTC. The clause explicitly states that any bid not accompanied by an acceptable bid security/earnest money deposit shall be rejected as non-responsive. The Court noted that nine out of eleven bidders submitted the bank guarantee in the correct format, indicating that the prescribed format was accessible and clear. 3. Judicial Review of CCL's Administrative Action: The Supreme Court discussed the scope of judicial review in tender matters, emphasizing that the decision-making process should be free from arbitrariness, irrationality, unreasonableness, bias, and mala fides. The Court highlighted that the employer (CCL) has the right to enforce the terms of the NIT rigidly and punctiliously. The Court found no irrationality or arbitrariness in CCL's decision to reject the bid of the Joint Venture Consortium (JVC) for not adhering to the prescribed bank guarantee format. 4. High Court’s Decision on Non-Prescribed Bank Guarantee Format: The Supreme Court criticized the High Court's decision to entertain the bid with a non-prescribed bank guarantee format. The High Court had concluded that the submission of the bank guarantee in the prescribed format was a non-essential term of the NIT and allowed JVC to participate in the reverse bidding process. The Supreme Court disagreed, asserting that the prescribed format was an essential term and that CCL's decision to reject the bid was justified. 5. Principle of Non-Redundancy of NIT Terms: The Supreme Court reiterated the principle that the terms of the NIT cannot be ignored as redundant or superfluous. Every term in the NIT must be given meaning and significance. The Court emphasized that deviation from the terms of the NIT could lead to unequal treatment and affect the level playing field for all bidders. The Court cited previous judgments to support the view that the terms of the NIT must be strictly followed to ensure fairness and transparency in the bidding process. Conclusion: The Supreme Court set aside the judgment and order of the Division Bench of the Jharkhand High Court, allowing the appeals filed by CCL and the Joint Venture whose bid was accepted. The Court upheld CCL's decision to reject the bid of JVC for not furnishing the bank guarantee in the prescribed format, affirming the importance of adhering to the terms of the NIT and GTC in the bidding process.
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