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M. NAGAPRASANNA
Green Energyz – Appellant
Versus
Bharat Heavy Electricals Ltd. – Respondent
ORDER :
M.Nagaprasanna, J. - The petitioner is before this Court calling in question the Order/decision of the respondent No.2-Bharat Heavy Electricals Limited ('BHEL' for short), rejecting the bid submitted by petitioner pursuant to a tender notification for the purpose of 'design, supply and assembly of Floating System and Associated Anchoring and Mooring for Development of 300 MW AC capacity Floating Solar Power Project at Rengali Reservoir at Angul District in the State of Odisha.
2. Heard Sri. Parashuram A.L. Advocate for petitioner and Sri. Keerti Kumar D. Naik, advocate for respondent Nos.1 and 2.
3. The petitioner claims to be a partnership firm established in the year 2020 and is recognized as a Start-Up by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India. Petitioner also claims to have registered under the provisions of Micro, Small and Medium Enterprises Development Act, 2006. The 2nd respondent-BHEL issues a notice inviting tender on 24.08.2023 for the afore-quoted work and then invites all the vendors for a pre-bid meeting for the 'Design, Supply and Assembly of Floating System'. The petitioner is
Start-ups are exempt from prior turnover and experience in public procurement but must meet quality and technical specifications; failure to do so justifies bid rejection.
The court upheld the rejection of the petitioner's technical bid due to failure to meet registration requirements, emphasizing limited grounds for judicial review.
The court emphasized the importance of complying with tender qualification criteria and upheld the authority of the evaluation committee in assessing bid documents.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
Point of law: Tender work – Technical bidder - Governmental Order/ Corrigendum - Works Contracts, Including Turnkey Contracts - Bid Evaluation Criteria & Evaluation Methodology - Clause 3 defines bid....
The main legal point established in the judgment is the principle of minimal judicial interference in contractual matters involving technical issues, emphasizing the need to uphold tender conditions ....
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