Judicial review of tender decisions is limited; rejection is valid if submission criteria outlined in the NIT are not met, such as the requirement for a complete Integrity Pact.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. Joshua Sheqi, learned counsel appearing on behalf of the Petitioner. Ms. Priyana Chettri, learned counsel appears on behalf of the Respondent Nos. 1 and 2 and Ms. Z. Zhimomi, learned counsel appears for the Respondent No. 3.

PREFACE

2. The Petitioner herein has approached this Court challenging the Tender Summary Report dated 12.02.2026 whereby the Petitioner’s Technical Bid was rejected and the firm of the private Respondent No. 3 was declared as L1 and the firm of the private Respondent No. 4 as L2.

BRIEF FACTS OF THE CASE

3. The brief facts of the instant case are that the Airport Authority of India, i.e. the Respondent No. 1 had issued a notice inviting e-tender thereby inviting eligible contractors to participate through e-Portal for reconstruction of the runway from Chainage 50m to 350m with rigid pavement and associated works at Dimapur Airport – SH:- Strengthening of affected area of Runway 30/12 and allied works at an estimated cost of Rs. 5,65,46,000/- (Rupees Five Crore Sixty-Five Lakhs and Forty-Six Thousand). In the said Notice Inviting e-Tender (for short ‘the NIT’), a Critical Date-sheet was incorporated. In terms with the Critical Date-sheet, the bid document downloaded. Sale start date was on 09.01.2026 from 09:30 hours. Clarifications start date was 09.01.2026 from 09:30 hours and the clarification end date was 16.01.2026 up to 18:00 hours. The bid submission start date was on 09.01.2026 from 09:30 hours and the bid submission end date was on 30.01.2026 up to 18:00 hours. The last date for submission of the original insurance, surety bond/BG against EMD, if not paid online on CPP Portal was on 03.02.2026 up to 18:00 hours.

4. It is also seen from a perusal of the NIT that the bids were required to be submitted in two envelopes. Envelope-1 was in relation to Technical Bid and pre-qualification documents whereas Envelope-2 is the Financial Bid.

5. Clause 2B of the NIT stipulated the documents which would form a part of the Technical Bid. Sub-clause (viii) is the scanned copy of the Signed Integrity Pact as per Appendix-III. .Sub-clause (x) is the scanned copy of Form-A – details of similar works completed during last seven years with completion certificate issued by client. Clause (xvi) is the scanned copy of Digitally Signed Undertaking from parent Company as per Appendix-VIII. Sub-clause (xxiv) relates to the PQ Proforma duly filled.

6. Clause 2(VI)(c) stipulated the qualifying requirements of the contractors/tenderers containing the details as regards completion of works. These details are to be provided in a format as stipulated in Form-A with supporting documents issued by the client.

7. The NIT also included the General Instructions for Online Bid Submission in Appendix-A. There is also another document enclosed to the said NIT, i.e. the General Guidelines for Bidders.

8. Clause 25 of the General Guidelines for Bidders stipulates that the Airport Authority of India can reject a tender under various circumstances. Sub-clause (e),(f),(g) and (h) of Clause 25 being relevant are reproduced herein under:-

“e) Any deviation in the Tender submission procedure will be considered as non-responsive bid and liable to be rejected.

f) A Tenderer shall submit a responsive bid, failing which his Tender will be liable to be rejected.

g) Tender in which any of the particulars and prescribed information are missing or are incomplete, in any respect and/or prescribed conditions are not fulfilled, shall be considered non-responsive and is liable to be rejected.

h) The tenderer is expected to examine the tender document including all instructions, forms,