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DELHI HIGH COURT
VIPIN SANGHI, REKHA PALLI
Shri Swami Samarth Engineers Ltd. – Appellant
Versus
National Highways Authority of India – Respondent
| Table of Content |
|---|
| 1. petitioner's request for relief. (Para 1 , 2) |
| 2. arguments on the maintainability of the petition. (Para 3 , 8 , 10) |
| 3. technical requirements and submissions of the joint-venture. (Para 4 , 5 , 6) |
| 4. strict adherence to tender conditions. (Para 12 , 13 , 14) |
| 5. assessment of past experience criteria. (Para 15 , 16 , 17) |
| 6. dismissal of the petition. (Para 18) |
JUDGMENT
Vipin Sanghi, J. (Oral)--The present petition has been preferred by the petitioner/M/s Shri Swami Samarth Engineers Ltd. to seek the following reliefs:
"(i) ISSUE appropriate writ (s) or writ in the nature of mandamus directing Respondent to withdraw and cancel the Technical Evaluation Report dated 03.02.2021 and allow the Petitioner to participate in the bidding process and clarify and submit any documents necessary;
AND/OR;
(ii) ISSUE appropriate writ or writs to protect the rights of Petitioner to proper hearing and direct the Respondent to consider Petitioner's bid in oral hearing;"
2. The petitioner, along with its joint-venture partner, responded to the Tender/Request For Proposal (RFP) issued by the respondent/NHAI for 4-laning of Pangare to Waranga Phata section from Km 134.500 to Km 174.645
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.
Compliance with tender conditions, including financial capacity, submission of necessary documents, and establishment of required past experience, is crucial for the acceptance of bids.
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 restraint is paramount in administrative contract disputes, with equal opportunity granted to bidders for document rectification to avoid discrimination.
A bid found technically non-responsive cannot be revived solely based on curable defects, as meeting minimum technical capacity is paramount for eligibility in tender processes.
The court emphasized the mandatory nature of tender conditions and upheld the decisions of the Tender Evaluation Authority and the Appellate Authority, emphasizing the settled legal position that the....
The State is obliged to act transparently and fairly in awarding public contracts, and cannot favor or discriminate against any party.
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.
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.
The court affirmed that joint ventures can participate in tenders if they meet specified qualifications, emphasizing judicial restraint in reviewing tender decisions.
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