Tender – Rejection of Bid as non-responsive
The petitioner’s bid was rejected as non-responsive in the scrutiny and the reasons given in the sheet dated 23.9.2024 for failure to give
- legal document showing relationship between the petitioner and M/s. Nandkumar Constructions,
- non-certification of annual turnover by statutory auditor
iii. non-submission of bid capacity in the prescribed format and
- non-attachment of document of Plant Engineer & Quality Surveyor
On 23.9.2024, the petitioner submitted the documents. However, on 3.10.2024 the bid was rejected as non-responsive for failure to submit notarized Business Transfer Agreement.
As per the Government Resolution dated 17.9.2019, the petitioner ought to have been given time to make the shortfall of the document.
Experience of the constituent partner can be considered / counted as experience of the firm. Even otherwise, the sole proprietor of M/s. Nandkumar Constructions is the partner of the petitioner LLP. That proprietary firm merged with the petitioner LLP.
HELD that the Petitioner LLP can be permitted to rely on the documents of its partner who is the proprietor for establishing its own eligibility.
Experience of the partner as the experience of the Firm for evaluation of the Petitioner’s technical eligibility.
Section 23 of the LLP Act would not make the principle of reckoning experience of a partner prior to entry in partnership firm as the experience of the firm as inapplicable.
Judgment dated 24.6.2025 of the Bombay High Court in W.P.no.13895 of 2025 of Nandkumar Infrastructure LLP Vs. The Superintendent Engineer and others
