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Ishwar Sharma   27 November 2021

Tender cancel

My query is :-
Nomenclature for parties are :-
A-Department name.
B-Department Director
C-1st party
D-2nd party.

A- has invited tender on central govt portal  https://eprocure.gov.in and C- named party won as L1 and work started- no issue.
After one month again  A- Department invited tender of same type of works again.This time C-named party not participated and party name D- Won the tender L1,work order awarded(01.11.21) but still payment guarantee not submitted  and agreement is also not signed.
After that B-Department director write a letter(04.11.21) to A- department that , if you will do work with C- party,then department will be in benefits financially.Because he is provided services at below rate earlier and right now also.We have received his agree letter (C- party is agree to do new tender works at his last below rate.
After that dated  A- Department issue a cancel letter ( 10.11.21).
Now D-2nd party L1 of 2nd tender- filled a court case and got stay.

Pls guide we are C-1st party.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 November 2021

The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any time before the formation of a contract.

Ishwar Sharma   27 November 2021

thanks sir,

good point for me,pls guide or supply any supporting law / act / clause.

requested


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