In Brief
The Vidarbha Irrigation Development Corporation called a tender for canal earthwork. The lowest bidder submitted a bank guarantee for only 6 months when the tender required 40 months. After bid opening, the bidder extended the guarantee to 40 months. The Corporation accepted the lowest bid, but the highest bidder challenged this. The Supreme Court held that essential tender conditions cannot be waived. A material deviation in the guarantee period made the lowest bid non-responsive and could not be corrected post-opening. The Court dismissed the appeals but allowed the highest bidder to perform the work at the lowest bid price.
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