KOCHI: The Kerala High Court on Tuesday observed that the e-tendering process was intended to provide a transparent approach and avoid any form of malpractices in the invitation of tenders for carrying out various public works.
Justice A M Shaffique passed the order while dismissing a batch of 41 petitions filed by contractors coming under different grades to carry out public works under several Local Self Government Institutions (LSGI)seeking to desist from implementing e-tendering for the execution of public works. The petitioners submitted that the e-tendering procedure is contrary to the Kerala Panchayatiraj (Execution of Public Works and Purchase of Materials) Rules and the contractors who are not familiar to the e-tendering process are facing difficulty in participating in online bidding process.
The court observed that e-tendering of public works is intended for adopting a completely transparent approach in the matter and to avoid any malpractice in invitation of public tenders. “It avoids cartel formation by contractors and is less expensive,” the court observed. The contractors do not have a case that e-tendering process is either arbitrary or mala fide and the fundamental rights of the contractors were not affected in any manner. It was clear that the government was adopting a suitable procedure for invitation, evaluation and acceptance of tender. The procedure was laudable. It could not be brushed aside by contending that specific rules had not been formed. In fact, e-tendering was introduced in public interest.
The contractors contended that the introduction of e-tendering was against the rules prevailing in the self-government institutions, the court observed.
The government had made the order on e-tendering process now available in the Public Works Department applicable to the local self-government institutions works. While under the public works department, works estimated over Rs..25 lakh were e-tendered, the local self-government institutions need to e-tender works over Rs.5 lakh.
The court observed that, if the statutes are silent about e-tendering, the government could issue an order introducing rules in this regard. The contractors who are involved in governmental work, are all registered contractors, who have to comply with the condition stipulated in the invitation of tenders.