High Court Seeks Clarity on Aluminium Roofing Sheets Procurement Process
By Our Reporter
SHILLONG, Oct 4: In a significant move, the High Court of Meghalaya has called on the state government to clarify whether recent amendments to the notice inviting quotations (NIQ) for aluminium roofing sheets have altered the eligibility criteria, specifically concerning the restriction on non-local companies. The amendments in question, introduced by the Housing Department, aim to relax certain clauses to include bonafide Indian citizens and favor bidders with manufacturing units in Meghalaya.
During the hearing, Acting Chief Justice HS Thangkhiew expressed concern about potentially stalling public interest projects by court orders. However, he underscored the necessity for the government to address these concerns before the bidding deadline of October 15. The court has scheduled another hearing on October 14, emphasizing the urgency of resolving this matter.
The state’s corrigendum notably relaxes some requirements, such as waiving the need for businesses to have possessed a trading license for three prior years. Nonetheless, the stipulations for registration numbers and compliance with the Meghalaya Industrial and Investment Promotion Policy (MIIPP) remain unchanged.
ND Chullai, Additional Advocate General, along with Government Attorney ER Chyne, assured the court that there is no restriction on bidders, stating that all proposals will undergo assessment by a designated tender committee. Chullai emphasized that the revised eligibility criteria fall under the prerogative of the contract owner and are not subject to judicial review.
The court seeks to ensure that changes in the criteria do not infringe upon Article 14 of the Constitution, which could potentially limit competition. The overarching goal is to maintain a level playing field and prevent exclusionary practices in the bidding process, ensuring fair competition and avoiding cartel-like scenarios.
Original Story https://theshillongtimes.com/2024/10/05/hc-directs-govt-to-clarify-on-new-clauses-in-tender-notice/
Category : MEGHALAYA
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