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IN THE HIGH COURT OF ORISSA AT CUTTACK
Harish Tandon, Murahari Sri Raman
Budharaja Mining and Construction Limited – Appellant
Versus
Odisha Mining Corporation Limited, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. eligibility criteria for tender bidding. (Para 1 , 2) |
| 2. requirements of executing similar works in bidding. (Para 3) |
| 3. debate over joint venture experience's eligibility. (Para 4) |
| 4. authority's interpretation of tender documents. (Para 5 , 6) |
| 5. dismissal of writ petition. (Para 7) |
ORDER :
1. The bid submitted by the petitioner is rejected at the technical bid stage as it did not meet the eligibility criteria enshrined under Clause-4.1.13 of the tender document.[Clause 4.1.3 of Request for Proposal No. 192/OMC/P&T/2025 dated 10.09.2025 floated by the Odisha Mining Corporation Ltd. stands as follows:
“4.1.3 The Bidder whose contract/agreement with OMC had been terminated within preceding 3 (three) years from the date of this RfP will not be eligible to take part in the Bidding Process. For the avoidance of doubt, it is clarified that the above ineligibility shall not affect and disentitle a Bidder from submitting the Bid if the termination of the contract/agreement with OMC is not attributable to the said Bidder.”]
2. Admittedly, the petitioner participated in the tender floated by the Odisha Mining Corporation Limited for “Selection of Mine Operator for Unchabali (Ma
Adherence to tender eligibility criteria is crucial, and experience from joint ventures does not qualify as single entity experience as per prescribed definitions in the tender documents.
The judgment emphasizes the limited scope of judicial review in matters relating to tenders or award of contracts, highlighting the need for decisions to be mala fide, arbitrary, irrational, or affec....
Experience of a firm is not in its entirety attributable to each individual partner, but attributable only to the collective effort of all partners concerned.
Compliance with tender document requirements, including transportation experience, is crucial and cannot be overlooked based solely on lower financial bid rates.
The court affirmed that in tender matters, the awarding authority has discretion to assess qualifications, and judicial review is limited to ensuring legality and fairness, without substituting the a....
The main legal point established in the judgment is that the work experience requirement as per Clause 4.4A(c) of the Maintenance Contract Bid Documents (MBD) must be satisfied based on the stipulate....
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
The court upheld the validity of tender disqualification based on non-compliance with specified documentation requirements, affirming the decision-making integrity of the evaluation committee.
The court emphasized the need for restraint and deference to the tendering authority's interpretation of tender documents, especially in technical matters, and highlighted the importance of public in....
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