INFOTECH COMPUTER EDUCATION vs KARNATAKA POWER TRANSMISSION CORPORATION LIMITED & ORS

Sri G.I.Gachchinamath, learned standing counsel for the respondents is directed to take notice for respondents.

Heard.

Under Annexure-G, the 3rd respondent through its Tender Bulletin Officer the 5th respondent invited tenders for supply of computer technical

man power to its Centralized Customer Care Centre, Navanagar, HESCOM, Hubballi.

The petitioner submitted its bid. The Evaluation Committee constituted by the 3rd respondent for scrutiny of the tenders, has evaluated the

tender application of the petitioner and prepared the report Annexure-H.

In its report Annexure-H the Committee has made the following adverse observations against the petitioner.

(a) The work culture of M/S. INFOTECH COMPUTER EDUCATION in the services provided to HESCOM was found not

satisfactory.

(b) The committee reviewed the performance & the penalty details of M/S. INFOTECH COMPUTER EDUCATION in the existing

tender of providing man power services to HESCOM Customer care from the period Nov-16 to Dec-17 and found the performance

of agency is poor in the supply of manpower.

Therefore, the committee decided to make agency as NON RESPONSIVE.

The petitioner seeks to quash the said observations on the ground that observation No.1 is not the requirement of the tender document and

observation No.2 is contrary to certificate issued by the respondents themselves regarding the performance of the petitioner.

Sri Sri G.I.Gachchinamath, learned counsel for the respondents submits that the petition is premature and it is open to the petitioner to meet

those observations before the tender accepting authority by making a representation.

The Evaluation Committee is not the tender accepting authority. Admittedly it only makes its observation/ recommendation to the Tender

Accepting Authority. It is for the Tender Accepting Authority either to accept the recommendations/observations made by the Evaluation

Committee or to reject the same.

Rule 20 of the Karnataka Transparency in Public Procurements Rules, 2000 makes it clear that such report ultimately has to be considered by

the Tender Accepting Authority. It is open to the petitioner to meet the observations made by Tender Evaluation Committee in Annexure-D,

before Tender Accepting Authority.

Therefore, reserving liberty to the petitioner to make a representation before the Tender Accepting Authority to meet the adverse observations

made in Annexure-H, the tender evaluation report, the writ petition is disposed of.

The petitioner shall make the representation within one week from today. The Tender Accepting Authority shall consider the said objection

and issue an endorsement to the petitioner in that regard, before the process of acceptance of the tender is completed.

Sri G.I.Gachchinamath, leaned standing counsel for respondents is permitted to file memo of appearance in the registry within one week.