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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice D.BHARATHA CHAKRAVARTHY, J
Refex Green Power Limited – Appellant
Versus
Technical Evaluation & Scrutiny Committee – Respondent
ORDER :
This writ petition is filed with a prayer of Certiorarified Mandamus, calling for the records on the file of the first respondent relating to the minutes of the implementation of Bio-CNG projects in the Corporations of the State – Madurai, Coimbatore, Tiruppur, Tiruchirapalli, Tambaram and Salem on Public-Private Partnership Tender Evaluation and Scrutiny Committee, Tamil Nadu, held on on 02.12.2024 at 01:00 p.m. through video conference, Chennai, and to quash the same in as much as it declares the petitioner to be ineligible in participating in the financial bids of the respondents 3 and 4 and consequently, direct the respondents to approve the technical bid of the petitioner and permit the petitioner to participate in the financial bid.
2. The factual background in which the writ petition arises is that the respondents floated a tender on 02.03.2024, inviting bids on Public- Private Participation mode on Design, Built, Finance, Operate and Transfer basis for a period of 20 years with reference to the establishment of Municipal Solid Waste based Bio-CNG plant at Coimbatore. The last date for submission of the bid was 22.04.2024. Thereafter, the time was periodically extended
Tender committees must adhere to established eligibility criteria and cannot alter rules post-evaluation without basis in the tender documents.
The court emphasized the importance of complying with tender qualification criteria and upheld the authority of the evaluation committee in assessing bid documents.
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....
Tender evaluation must prioritize fairness, and the interpretation of criteria should avoid hyper-technical disqualifications that undermine competitive bidding processes.
The court upheld the rejection of the petitioner's technical bid due to failure to meet registration requirements, emphasizing limited grounds for judicial review.
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....
The turnover criteria in tendering processes are essential to assess the financial and supply capacity of the bidder. The bidder must meet the turnover criteria based on its own financial performance....
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