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NITIN W. SAMBRE, VRUSHALI V. JOSHI
BCPL-SRRIPL (J. V. ) – Appellant
Versus
State of Maharashtra – Respondent
ORDER :
1. Heard the learned counsel for the parties and with their consent the writ petition is taken up for final disposal.
2. The respondent Nos. 2 to 5 had floated a tender which is titled as ‘Katipati (Storage) Barrage, Taluka District Akola Construction of Earthwork and Gated Barrage Works’. The estimated cost of the said work Rs.305,55,62,116/- (Rupees Three Hundred Five Crores Fifty Five Lakhs Sixty Two Thousand One Hundred and Sixteen Only) and the total period within which the construction was to be completed was 36 calendar months including monsoon session. The tender conditions postulates the general experience to be considered and the condition to that effect reads thus:
(1) General Experience (For Civil Work Portion) The tenderer shall meet the following minimum criteria:
For Work executed in any one financial year during last Five years (year may be different for different items for different works.) the minimum quantities of the following major items of work shall be as indicated below:
| 1 | Embankment | 60533 Cum. |
| 2 | Concrete of all grade | 48346 Cum. |
| 3 | Steel Reinforcement | 2718 MT |
| 4 | Excavatio | |
The authority that issues a tender is best positioned to interpret its conditions, and courts should only intervene in cases of clear arbitrariness or irrationality.
Bidders must comply strictly with tender requirements; misleading information and poor performance can result in disqualification. Judicial review in tender cases should maintain restraint, supportin....
Judicial review of tender decisions should respect the expertise of evaluation committees unless evidence of arbitrariness or unreasonableness is demonstrated.
Compliance with tender document requirements, including transportation experience, is crucial and cannot be overlooked based solely on lower financial bid rates.
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
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.
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