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VIPIN SANGHI, JASMEET SINGH
HFCL Advance Systems Private Limited – Appellant
Versus
Centre For Development Of Advance Computing (c-dac) – Respondent
JUDGMENT
Jasmeet Singh, J. - The present petition has been filed seeking quashing of communication dated 16.11.2021 issued by respondent No. 1, whereby the petitioner has been communicated its disqualification in respect of RFP tender No. CDaCP/Safety City/MSI/2020/313, for selection of Master System Integrator (MSI) for Implementation, Operation and Maintenance of Surveillance System under Safe City Project of Delhi Police.
2. The case of the petitioner in a nutshell is that the petitioner- HFCL advance Systems Private Limited (hereinafter called 'HaSPL') is a Joint Venture (JV), with M/s HFCL Limited holding 90% shares in the Petitioner company, and M/s Polixel Security Systems Private Limited, holding 10% share. M/s HFCL Limited and M/s Polixel Security Systems Private Limited are both incorporated companies under the Companies act, 1956/2013.
3. Respondent, C-DaC is a Scientific Society of the Ministry of Electronics and Information Technology, Government of India, registered under Societies Registration act, 1860, with administration and management of the Society vesting in the Governing Council of the Society, chaired by Union Minister of Communication and IT.
4. On 18.12.2020,
Failure to submit essential documents required for a JV bid justifies disqualification.
Joint Venture Agreements must establish joint and several liabilities; non-compliance results in bid rejection.
The court emphasized strict compliance with tender conditions, ruling that the Local Content Certificate must be submitted in the name of the Joint Venture, and deviations from prescribed formats are....
Misrepresentation of facts at the time of bidding amounted to fraudulent practice, justifying the debarment of the joint venture consortium.
The court affirmed that technical disqualification in public tendering must not be hyper-technical if it does not affect the bidder's capacity to perform, emphasizing the importance of fair competiti....
Compliance with tender requirements is essential for bid validity; failure to provide adequate documentation results in disqualification.
The court upheld the validity of tender disqualification based on non-compliance with specified documentation requirements, affirming the decision-making integrity of the evaluation committee.
Judicial review in tender matters is limited; disqualification must be based on clear, justifiable criteria, and actions must not display arbitrariness or bias.
A bid submitted by a joint-venture must be maintained by the entity as a whole; failure to comply with tender requirements results in disqualification.
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