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DEVASHIS BARUAH
SIPL Infracon – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. S.K. Ghosh, the learned counsel appearing on behalf of the Petitioner and Mr. P. K. Tiwari, the learned Senior counsel appearing on behalf of the Respondent Nos. 2, 3, 4, 5, and 6. I have also heard Mr. B. D. Deka, the learned counsel appearing on behalf of the Respondent No.7.
2. The instant writ petition has been filed challenging the rejection of the technical bid of the Petitioner on the basis of the Tender Evaluation Committee report dated 10.12.2022 and for directing the Respondent Authorities to accept the technical bid of the Petitioner and for other consequential reliefs.
3. The brief facts leading to the filing of the instant writ petition are that a Notice Inviting e-Tender was issued by the NHPC Ltd. i.e. the Respondent No.2 for the work of “River Bank protection/erosion control measures on the Left Bank of River Subansiri Downstream of village Gerki 1 (RD 28 KM - 29 KM).” As per the said Notice Inviting e-Tender, the bid security amount was Rs.13,31,000/- which was to be paid in the manner stipulated therein. The said notice Inviting e-Tender contains various clauses. Clause 3.2A, 3.2B and 3.2E being relevant are reproduced herein under:
The court upheld the rejection of the petitioner's technical bid due to failure to meet registration requirements, emphasizing limited grounds for judicial review.
The court ruled that start-up exemptions do not apply to registration requirements for contractors, affirming the NHPC's rejection of the appellant's bid.
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....
MSEs with valid Udyam Registration are exempt from turnover and experience criteria in bidding processes as per applicable regulations, and arbitrary disqualification on these grounds is unlawful.
The court emphasized the importance of complying with tender qualification criteria and upheld the authority of the evaluation committee in assessing bid documents.
Medium enterprises are not entitled to Earnest Money Deposit exemption under government rules, highlighting the necessity for proper MSME classification in tender processes.
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.
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 main legal point established in the judgment is the requirement for bidders to comply with the bidding documents, including the submission of documents in the specified format. The judgment empha....
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