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DELHI HIGH COURT
VIPIN SANGHI, JASMEET SINGH
NSC Projects Pvt. Ltd. and Varaha Infra Ltd. JV – Appellant
Versus
National Highway Authority of India – Respondent


Table of Content
1. petitioner's bid details. (Para 1 , 2)
2. arguments regarding technical responsiveness. (Para 3 , 4 , 6 , 10)
3. court observations on evaluation procedures. (Para 5 , 11 , 15 , 19)
4. threshold technical capacity requirements. (Para 17 , 18 , 27)
5. dismissal of writ petition with costs. (Para 33 , 34)

JUDGMENT

Vipin Sanghi, J. (ORAL)

W.P.(C) 4616/2021 & CM APPLs. 14129/2021, 16537/2021-(STAY)

We have heard the learned counsels for the parties and proceed to dispose of the same at the admission stage.

1. This petition was taken up by the Court for the first time on 13.04.2021. The following order was passed by the Court:

    "1. The limited grievance of the petitioner is that its bid has been rejected as "technically non-responsive" on the ground that the cost for RFP (i.e., request for proposal) process was short by Rs.10,000/-.

    2. According to the learned counsel for the petitioner, in terms of the notice inviting tender (in short "NIT") dated 15.01.2021, the petitioner, as required, made deposit on 05.03.2021, towards costs of the RFP process amounting to Rs. 80,000/-. It is stated that the respondent/NHAI extended the date of submission of the bid twice. The exten

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