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UMESH A. TRIVEDI, CHEEKATI MANAVENDRANATH ROY
BGR Deco Consortium – Appellant
Versus
Gujarat Mineral Development Corporation Limited – Respondent
JUDGMENT :
UMESH A. TRIVEDI, J.
1. This petition under Article 226 of the Constitution of India is filed praying for quashing impugned decision of the respondent dated 08.01.2024, whereby proposal of the petitioner pursuant to a Tender No. GMDC/TPD/007/23-24 for Lakhpath Lignite Block did not meet with the guidelines specified in the Request For Proposal (hereinafter referred to as “RFP document”, for short), held to be ineligible for further rounds and Earnest Money Deposit (hereinafter referred to as “EMD”, for short) submitted by the petitioner was told to be disbursed as per guidelines specified in the “RFP document”.
2. The respondent – Gujarat Mineral Development Corporation Ltd. (hereinafter referred to as “GMDC”, for short) issued notice inviting tender and “RFP document” for seeking lignite mining contractors on turn-key basis at Kutch, on 02.08.2023.
2.1 Pursuant to the said tender notice, a pre-bid meeting of prospective bidders convened on 06.09.2023 to consider and deal with resolution of queries that may be raised by the prospective bidders. To the queries raised by different bidders, it was resolved and opined by the respondent herein and all the prospective bidders were
The decision to disqualify a bidder from a tender process does not require a reasoned order and should defer to the understanding and appreciation of the tender documents by the employer of the proje....
Disqualification due to blacklisting applies to partnerships where designated partners impact eligibility, underscoring the authority's interpretation of tender conditions in public interest.
The discretion of the accepting authority in tender matters and the importance of truthful declarations in tender submissions.
Judicial review in tendering must focus on lawfulness over soundness; a bidder's failure to disclose critical past conduct can lead to disqualification without notice.
The rejection of the petitioners' bid was justified based on their debarment for supplying substandard quality drugs, in line with the State's policy to keep such manufacturers out of the tender proc....
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