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—rti-for-bid-rejection-reason [2026/07/10 23:12] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-title=(Bid Rejected - Get Reasons by RTI - RTI Wiki)&metatag-description=(Your tender bid was rejected with no reason. File RTI under Section 4 to get the written rejection reasons, the technical-evaluation note and the award basis.)&metatag-keywords=(bid rejection RTI, tender rejection reasons, Section 4 RTI, GFR 2017 Rule 144, CVC tender rejection, Tata Cellular, Anchal Kharya NTPC, RTI for vendor)&metatag-robots=(index,follow)&metatag-og:title=(Bid Rejected - Get Reasons by RTI - RTI Wiki)&metatag-og:description=(Your tender bid was rejected with no reason. File RTI under Section 4 to get the written rejection reasons and technical-evaluation note.)&metatag-og:type=(article)}}
  
 +====== Bid rejected - get the written reasons by RTI ======
 +
 +Ramesh runs a small fabrication workshop in Indore. For three years he bid for government contracts and lost every time. The tender notice simply said "the bid of M/s ____ is rejected." No reason. No score. No comparison. He believed his quote was the lowest and his work was sound, but he could never find out **why** he lost.
 +
 +This is the wall most small vendors hit. The good news: the law says the government **must** give you the reasons, and an RTI application is the tool that forces the file open. This page shows you exactly what to ask, where to send it, what it costs, and how to climb the ladder if the answer still does not come.
 +
 +{{:social:auto:rti-for-bid-rejection-reason.png?direct&1200 |Bid rejected - get the written reasons by RTI - RTI Wiki}}
 +
 +<WRAP info>**Direct answer.** File an RTI to the **Procurement Authority** that rejected your bid, asking under **Section 4(1)(d)** of the RTI Act for the written rejection reasons, the technical-evaluation note, an anonymised comparison with the successful bidder, and the officer-in-charge. Fee is **Rs.10**.</WRAP>
 +
 +===== Why the government must give you reasons =====
 +
 +When a public authority takes an administrative or quasi-judicial decision that hurts you, the Right to Information Act, 2005 says it must **give you the reasons on its own**. This duty sits in **Section 4(1)(d)** of the Act, which obliges every public authority to "provide reasons for its administrative or quasi-judicial decisions to affected persons." A rejected bidder is plainly an affected person, so you are entitled to the reasons **without even filing an RTI**. In practice agencies rarely volunteer them, which is why the RTI application exists as your backup.
 +
 +Read the full text of [[act:section-4|Section 4 of the RTI Act]] to see the complete suo-motu disclosure duties.
 +
 +Behind this statutory duty stands **Article 14** of the Constitution - the right to equality and the rule against arbitrariness. A tender decision that is not reasoned is, by that very fact, suspect. The Supreme Court set out the test for when a court will step in to fix a bad tender decision in **Tata Cellular v. Union of India, (1994) 6 SCC 651** (decided 26 July 1994, bench of Venkatachaliah CJ, S. Mohan and Punchhi JJ; reported as [1994] INSC 401). The Court held that judges review the **decision-making process** - looking for arbitrariness, bias, mala fides, Wednesbury unreasonableness and procedural impropriety - and not the merits of who should have won. To challenge the process you first need to see it, and the RTI is how you see it.
 +
 +===== The procurement rules that back you up =====
 +
 +Two rule-sets bind the officials who rejected your bid, and naming them in your RTI makes the application sharper:
 +
 +  - **GFR 2017 Rule 144 - Fundamental Principles of Public Buying.** Every procuring authority must ensure **efficiency, economy, transparency, and fair and equitable treatment of suppliers**. Rejecting your bid without a recorded reason breaks "transparency" and "fair treatment."
 +  - **GFR 2017 Rule 173.** Procurement must be **transparent, competitive and fair**. Same point, sharper teeth.
 +  - **CVC Office Order No. 15/3/05 dated 24.03.2005.** The Central Vigilance Commission held that even where a Notice Inviting Tender (NIT) contains a clause allowing rejection "without assigning any reason," the tender-accepting authority is **not free to act arbitrarily** and "is bound to record clear, logical reasons for any such action of rejection/recall of tenders on the file." This is the single most useful line to quote: the NIT escape-clause does not excuse a silent rejection.
 +  - **CVC Public Procurement Manuals** (Manual for Procurement of Goods / Works / Consultancy and Other Services, updated 01/07/22) set out the rejection-and-record process in detail.
 +
 +So when an officer says "the NIT let us reject without reasons," the CVC Office Order is your answer: the file must still carry clear, logical reasons, and the RTI asks for that file entry.
 +
 +===== What one CIC order already settled =====
 +
 +The Central Information Commission has already confirmed that the basis of a tender award is disclosable once the decision is taken. In **Anchal Kharya v. NTPC, CIC/NTPCO/A/2019/115533** (and clubbed appeals 115529-115535), order dated **18 December 2020**, the CIC directed disclosure of certified copies of work orders issued after tender finalisation. It relied on the Jharkhand High Court's ruling in *State of Jharkhand v. Navin Kumar Sinha* that "once a decision is taken in the matter of grant of tender, there is no justification to keep it secret." The CIC added that personal and commercial identifiers (PAN, TIN) must be redacted, while pricing agreements and measurement sheets remain exempt under **Section 8(1)(d)** (commercial confidence). Two practical lessons follow: (a) you can get the winning bidder's work order and the basis of award, but (b) expect redaction of the rival's PAN/TIN and a refusal on their price sheets - so do **not** set your whole case on getting the competitor's price.
 +
 +For a wider look at pulling tender records out by RTI, see [[rti-for-tender-evaluation|how to file RTI for tender evaluation records]] and the case notes on [[cases:karnataka-hc-rti-tender-records-2016|the Karnataka High Court ruling on tender records]] and [[cases:cic-rti-railway-tender-commercial-2022|the CIC ruling on railway tender commercial information]].
 +
 +===== Step-by-step: what to do =====
 +
 +**Step 1 - Identify the Public Information Officer.** The "public authority" is the department or PSU that floated the tender. Find the CPIO's name and address on the tender notice, the department's website, or the NIT document. If you cannot find it, address the application to "The Central Public Information Officer, [Department Name]" and the office will route it.
 +
 +**Step 2 - Draft the application.** Keep it short and numbered. Ask for each item separately so the officer cannot answer one and skip the rest. Use the template below.
 +
 +**Step 3 - Pay the fee.** For central government authorities the fee is **Rs.10**, payable by cash, Indian Postal Order / Demand Draft / banker's cheque (in favour of the **Accounts Officer** of the public authority), or by electronic means. BPL applicants are exempt on producing a BPL certificate. This comes from the **Right to Information Rules, 2012, Rule 3 and Rule 6** (notified by G.S.R. 603(E) dated 31 July 2012). State fees vary - check your State Information Commission's website, but Rs.10 is the central benchmark.
 +
 +**Step 4 - Submit and keep proof.** Submit by hand at the receipt counter (take a stamped acknowledgement) or by registered post with the tracking slip. The **30-day clock** starts the day the CPIO receives it.
 +
 +**Step 5 - If no answer in 30 days, file the First Appeal.** Under Section 19(1) you can appeal to the First Appellate Authority (FAA) of the same department within **30 days** of the deadline passing. The FAA must decide in 30 days (extendable to 45). This is where most silent refusals break.
 +
 +**Step 6 - If the FAA also fails, go to the Commission.** Under Section 19(3) you can file a Second Appeal before the Central Information Commission (or your State Information Commission) within **90 days**. The Commission can order disclosure and impose a Rs.25,000 penalty on the CPIO under Section 20.
 +
 +**Step 7 - Parallel track: a CVC complaint.** If the rejection smells arbitrary or biased, file a complaint with the **Central Vigilance Commission** alongside the RTI. The CVC Office Order quoted above is your ammunition. A CVC complaint pressures the department; the RTI gets you the paper. Run them together.
 +
 +===== The RTI template =====
 +
 +<code>
 +To: The Central Public Information Officer
 +    [Name of Department / PSU that floated the tender]
 +    [Address]
 +
 +Subject: Application under Section 6 of the RTI Act, 2005 -
 +         Reasons for rejection of my bid in Tender [No. / Name / Date]
 +
 +Sir/Madam,
 +
 +My bid in the above tender was rejected on [date].
 +Under Section 4(1)(d) of the RTI Act, 2005, please furnish
 +certified copies of the following:
 +
 +  1. The written reasons recorded on the file for rejecting my bid.
 +  2. The technical-evaluation note / comparative statement in which
 +     my bid was marked, with the score or remarks against my item.
 +  3. An anonymised comparison of my bid with the successful bidder's
 +     bid (redact PAN/TIN under Section 8(1)(d); disclose the basis
 +     of award per Anchal Kharya v. NTPC, CIC/NTPCO/A/2019/115533).
 +  4. The name, designation and contact of the officer-in-charge of
 +     the technical-evaluation committee.
 +  5. The appeal / grievance framework available to an unsuccessful
 +     bidder under GFR 2017 Rule 144 and Rule 173 and the CVC
 +     Public Procurement Manual.
 +
 +I am an affected person under Section 4(1)(d).
 +Fee of Rs.10 is paid by [IPO No. / DD No. / cash / electronic ref].
 +
 +Signature: __________   Name: __________
 +Address: __________     Phone / Email: __________
 +</code>
 +
 +===== Five questions to ask, and why =====
 +
 +  - **Rejection reasons.** Section 4(1)(d) gives you these as of right. The CVC Office Order means the file must hold them even if the NIT said "without assigning any reason."
 +  - **Technical-evaluation note.** This is the scoring sheet where your bid was judged. Without it, "lowest quote rejected" makes no sense and cannot be challenged.
 +  - **Anonymised comparison.** You cannot see the rival's PAN/TIN or price sheets (Section 8(1)(d)), but you **can** see the basis on which the award was made.
 +  - **Appeal framework.** GFR 2017 and the CVC Manual provide a grievance path. Ask for the written version so the department cannot invent new rules later.
 +  - **Officer-in-charge.** A name lets you target a CVC complaint, a writ petition, or a further appeal at the right person.
 +
 +===== Common mistakes =====
 +
 +  - **Forgetting Section 4(1)(d).** Citing it shifts the duty onto the department - it must show it gave you reasons suo-motu. Without citing it, your application reads like a fishing query and gets a vague reply.
 +  - **Skipping the technical-evaluation ask.** "Reasons for rejection" alone lets the officer reply in one sentence. The evaluation note is the detail that exposes a bad decision.
 +  - **Demanding the rival's price.** That item is exempt under Section 8(1)(d). Ask instead for the **basis of award** - that is disclosable and is what you need.
 +  - **Missing the 30-day deadline for the First Appeal.** Many vendors get a non-answer, feel angry, and let the clock run. The First Appeal is cheap and often works; do not skip it.
 +  - **Not keeping proof of submission.** Without the acknowledgement or postal tracking, the Commission cannot find that your application was received.
 +
 +===== When to escalate to court =====
 +
 +RTI gets you the paper; it does not overturn the rejection. Once you have the reasons and the evaluation note, you can see whether the decision was arbitrary, biased or procedurally wrong. If it was, your next stop is a **writ petition** before the High Court under Article 226, using the **Tata Cellular** tests (arbitrariness, bias, mala fides, Wednesbury unreasonableness, procedural impropriety). The court will not re-tender for you, but it can quash the award and order a fresh process. The RTI records become your evidence.
 +
 +If the department simply ignored the RTI and the appeals failed, a complaint under **Section 18** of the RTI Act to the Information Commission is faster and cheaper than a writ - it can order the CPIO to disclose and penalise. See [[rti-section-18-complaint-cic|how to file a Section 18 RTI complaint before the CIC]].
 +
 +===== FAQ =====
 +
 +  - **Q: My pre-qualification bid was rejected. Same route?** Yes. Ask for the PQ-evaluation note and the scoring criteria, under Section 4(1)(d). The CVC Office Order applies to PQ rejection too.
 +  - **Q: The NIT said rejection can be "without assigning any reason." Am I stuck?** No. The CVC Office Order No. 15/3/05 dated 24.03.2005 says that clause does not free the authority from recording clear, logical reasons on the file - and the RTI asks for that file entry.
 +  - **Q: Can I get the winning bidder's price?** Generally no - pricing agreements and measurement sheets are exempt under Section 8(1)(d). You can get the **basis of award** and the work order, with PAN/TIN redacted (Anchal Kharya v. NTPC).
 +  - **Q: My Bid Earnest Money refund is delayed. Separate RTI?** Yes. File a second, focused RTI for the refund status and the officer handling it; do not bundle it with the rejection-reasons application.
 +  - **Q: State government tender - same fee?** The Rs.10 fee is the central benchmark under the RTI Rules, 2012. States set their own fees (some Rs.10, some free). Check your State Information Commission's schedule before paying.
 +  - **Q: Do I need a lawyer?** No. The RTI application and the First Appeal are designed for self-filing. A lawyer helps only if you later file a writ in the High Court.
 +
 +===== Get the full RTI Playbook =====
 +
 +Want the complete step-by-step guide to filing and winning RTI applications - with templates, fee rules, and appeal drafts? Download [[https://righttoinformation.wiki/book|The RTI Playbook]]; it covers every stage from drafting your first application to arguing a Second Appeal before the Commission.
 +
 +This site is run by volunteers and kept free for every citizen. If this page helped you fight a silent tender rejection, [[https://righttoinformation.wiki/donate|support us with a donation]] so we can keep publishing plain-language RTI guides.
 +
 +===== Related reading =====
 +  * [[rti-for-tender-evaluation|How to file RTI for tender evaluation records]]
 +  * [[file-rti-online-india|How to file an RTI online in India]]
 +  * [[act:section-4|Section 4 of the RTI Act - suo-motu disclosure]]
 +  * [[rti-section-18-complaint-cic|Section 18 RTI complaint to the CIC]]
 +  * [[cases:karnataka-hc-rti-tender-records-2016|Karnataka HC - tender records disclosable]]
 +  * [[cases:cic-rti-railway-tender-commercial-2022|CIC - railway tender commercial information]]
 +
 +===== Sources =====
 +  - Right to Information Act, 2005, Section 4(1)(d) - [[https://indiankanoon.org/doc/13503/|indiankanoon.org]]
 +  - Tata Cellular v. Union of India, (1994) 6 SCC 651 - [[https://indiankanoon.org/doc/884513/|indiankanoon.org]] and [[https://digiscr.sci.gov.in/view_judgment?id=MjQ0MjU=|SCI Digital SCR]]
 +  - Right to Information Rules, 2012 (G.S.R. 603(E), 31 July 2012), Rule 3 and Rule 6 - [[https://cic.gov.in/sites/default/files/RTIRules2012_Eng.pdf|cic.gov.in]]
 +  - Anchal Kharya v. NTPC, CIC/NTPCO/A/2019/115533, 18 Dec 2020 - [[https://indiankanoon.org/doc/185201845/|indiankanoon.org]]
 +  - CVC Office Order No. 15/3/05 dated 24.03.2005 - [[https://smportkolkata.shipping.gov.in/smpk/wp-content/uploads/2024/06/Compendium-CVC-Guidelines.pdf|CVC Guidelines Compendium]]
 +  - CVC Public Procurement Manuals - [[https://cvc.gov.in/procurementmanuals.html|cvc.gov.in]]
 +  - GFR 2017, Rule 144 and Rule 173 - [[https://uaoa.gov.in/sites/default/files/2025-08/Procurement%20Policy%20GFR%202017.pdf|GFR 2017 Procurement Policy]]
 +
 +//Last reviewed: 3 July 2026.//
 +
 +{{tag>rti bid rejection reason tender rejection rti section 4 1 d gfr 2017 cvc tata cellular anchal kharya ntpc citizen-rti rti-template}}===== RTI for bid rejection reason: How to get tender rejection records and challenge the decision (2026) =====
 +
 +RTI for bid rejection reason — complete guide on getting tender rejection records and challenging the decision:
 +
 +  - **Step 1: What is a bid rejection and why file RTI?** (a) the bid rejection — is the decision — by the tendering authority — to reject — the bid — submitted — by the bidder — for the tender — (the government tender — or the PSU tender), (b) the common reasons: (i) the technical — non-compliance — (the documents — are missing — or the format — is wrong), (ii) the financial — non-compliance — (the price — is above the ceiling — or the BOQ — is wrong), (iii) the eligibility — non-compliance — (the experience — or the turnover — is insufficient), (iv) the procedural — non-compliance — (the EMD — is not paid — or the bid — is submitted late), (c) the problem: (i) the rejection — is communicated — without the detailed reason — and the bidder — does not know — the real reason, (ii) the rejection — is arbitrary — or biased — and the bidder — wants to challenge — but needs the evidence.
 +  - **Step 2: How to file RTI for bid rejection.** (a) the tendering authority — (the government department — or the PSU — or the municipal corporation) — is the public authority — under the RTI Act — and the RTI — can be filed, (b) the RTI application — can ask: (i) "Provide the certified copy — of the bid evaluation report — for the tender [number] — including: (a) the evaluation — of all the bids, (b) the reasons — for the rejection — of each bid, (c) the comparative — statement — of the bids, (d) the evaluation — committee — members", (ii) "Provide the reasons — for the rejection — of the bid — submitted by [bidder name] — for the tender [number] — including: (a) the specific — clause — that was violated, (b) the document — that was missing — or deficient, (c) the officer — who rejected — the bid", (iii) "Provide the award — details — for the tender [number] — including: (a) the name — of the awarded bidder, (b) the award — price, (c) the award — date, (d) the approval — by the competent authority", (c) the application fee — is Rs 10 — by the IPO — or the online payment.
 +  - **Step 3: What if the bid evaluation report is denied?** (a) the common denials: (i) the bid evaluation report — is the "third party" — information — (this is partially correct — but the larger public interest — in the transparency — of the tender process — warrants the disclosure), (ii) the commercial — confidence — under Section 8(1)(d) — (this is WRONG — the bid evaluation — is not the commercial confidence — of the tendering authority — and the public interest — in the fair tender — warrants the disclosure), (iii) the fiduciary — relationship — under Section 8(1)(e) — (this is WRONG — the tendering authority — does not have the fiduciary — relationship — with the bidder), (b) the appeal: (i) the First Appeal — file — with the First Appellate Authority — within 30 days, (ii) the Second Appeal — file — with the CIC — within 90 days, (c) the CIC — has consistently — held — that the bid evaluation report — is disclosable — and the rejection — reasons — are disclosable — in the larger public interest.
 +  - **Step 4: The tender process and the records.** (a) the tender process: (i) the tender notice — is published — (the NIT — or the RFP — or the EOQ), (ii) the bids — are submitted — (the technical bid — and the financial bid), (iii) the technical bids — are evaluated — (the compliance — and the eligibility), (iv) the financial bids — are opened — (for the technically — qualified bidders), (v) the award — is made — (the lowest — or the best — bidder), (b) the records: (i) the tender notice — and the corrigendum, (ii) the bid — submitted — by the bidder, (iii) the bid evaluation report, (iv) the comparative — statement, (v) the award — letter, (vi) the approval — by the competent authority.
 +  - **Step 5: How to use the bid evaluation report in the challenge.** (a) the bid evaluation report — can be used — as the evidence — in: (i) the departmental — grievance — (file the representation — with the tendering authority — with the RTI — findings), (ii) the writ petition — (file the writ — in the High Court — under Article 226 — for the quashing — of the award — if the rejection — is arbitrary — or biased), (iii) the procurement — Ombudsman — (file the complaint — if the Ombudsman — is available — for the tender), (b) the High Court — can order: (i) the production — of the bid evaluation report, (ii) the quashing — of the award — if the rejection — is illegal, (iii) the re-tender — or the award — to the petitioner — if the rejection — is illegal.
 +  - **Step 6: File RTI on bid rejection — the practical steps.** (a) the RTI application — is filed: (i) at the PIO — of the tendering authority — by hand — or by post, (ii) online — on the rtionline.gov.in — for the Central Government — or the state RTI portal — for the state government, (b) the application fee — is Rs 10 — by the IPO — or the online payment, (c) the PIO — must respond — within 30 days, (d) the First Appeal — is filed — within 30 days — of the denial — or the silence, (e) the Second Appeal — is filed — with the CIC — within 90 days — of the First Appeal — decision — or the silence.
 +  - **Step 7: Practical tips.** (a) file RTI — immediately — after the bid — is rejected — and the award — is made, (b) ask for the bid evaluation report — and the comparative statement — and the reasons — for the rejection, (c) ask for the award — details — and the approval — by the competent authority, (d) file the First Appeal — within 30 days — of the denial — or the silence, (e) file the writ petition — in the High Court — along with the RTI — for the faster — relief, (f) Example: A bidder — was rejected — for the "technical non-compliance" — without the detailed reason — he filed — the RTI — and obtained — the bid evaluation report — which showed — that the rejection — was because — of the "missing ISO certificate" — but the ISO certificate — was attached — in the bid — he filed — the writ petition — in the High Court — with the RTI — findings — and the court — quashed — the award — and ordered — the re-tender — and the bidder — was awarded — the tender — in the re-tender.
 +
 +See [[https://righttoinformation.wiki/rti-for-bid-rejection-reason|Bid Rejection RTI]] and [[https://righttoinformation.wiki/rti-for-tender-process|Tender Process RTI]].
 +
 +{{tag>bid rejection rti tender rejection india 2026 bid evaluation report cic first appeal writ petition 2026}}