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PRATHIBA M.SINGH
Aero Globe Facility – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. eligibility of bidders and rfp conditions. (Para 2 , 4 , 6 , 8) |
| 2. arguments for reconsideration of bids. (Para 3 , 13 , 14) |
| 3. clarifications on bid evaluation. (Para 9 , 10 , 11 , 12) |
| 4. interpretation of financial capacity criteria. (Para 16 , 17) |
| 5. order for listing and interim relief notice. (Para 19 , 20 , 21) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioners which are Ground Handling Agents and have been providing `Ground Handling Services' at various airports in the country. The Petitioners are part of a Consortium, with Petitioner No.1 - Aero-Globe Facility Management as the lead member having 51% share, Petitioner No.2 - Sri Sai Sampat Aviation Handling Service having 26% share, and Petitioner No.3 - Airclub Aviation Private Limited having 23% share in the Consortium.
3. The Petitioners have preferred the present petition challenging the rejection of their Technical bids and non-consideration of their Financial bids for Ground-Handling Services in respect of multiple airports of the Respondents - AAI. The prayers sought in the present petition are extracte
Bidders must strictly adhere to stipulated financial eligibility criteria in tenders; altering bids after submission undermines the integrity of the bidding process.
The court held that the petitioner was not required to submit a no-due certificate as they did not meet the definition of an affiliate or concessionaire under the tender documents.
The prescribed eligibility criteria for ground handling services were found to be arbitrary and discriminatory, violating the principles of fair competition and undermining support for micro and smal....
Tender – Terms and conditions of Invitation to Tender are within domain of tenderer/tender making authority and are not open to judicial scrutiny, same being in realm of contract, unless they are arb....
Compliance with tender conditions and eligibility criteria is crucial in technical bid disqualification cases, and the scope of judicial review in such matters is limited.
Tender committees must adhere to established eligibility criteria and cannot alter rules post-evaluation without basis in the tender documents.
The Court held that the eligibility criteria prescribed in the impugned RFPs were arbitrary and discriminatory, and violated the principles of natural justice. The Court also held that the tender con....
Bidders must provide complete and accurate documentation as required by tender specifications, and courts should exercise restraint in reviewing decisions made by tender authorities unless there is c....
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