SC -Technical Bid – disqualification must be based on clear grounds

 

Judgment dated 9.9.2025 of the Supreme Court of India in SLP [Civil] No.1940 of 2025 of Maha Mineral Mining & Benefication Pvt Ltd   Vs.   Madhya Pradesh Power Generating Co. Ltd and another

 Clause (D) of the NIT required the bidders to furnish documents relating to the past experience of similar work.  The bidder was permitted to use past experience of previous JV / Consortium in proportionate to its share as defined in the said agreement.

The appellant had relied on the past experience of its previous JV agreement work.   However, it had produced only work execution certificate of 45% JV partner and executed similar work.

The Technical Committee rejected the technical bid of the appellant on the ground that no document other than JV agreement can be permitted to meet the criteria and the certificate cannot be considered as valid document for the same.

HELD that Clause 51(d) merely states that the appellant would be entitled to use the past experience of a previous consortium / JV in the event its proportionate share is defined in such agreement, failing which the past experience shall be attributed to the lead partner.   The clause does not mandate submission of the JV agreement itself to satisfy such criteria.  The certificate shows that the appellant had 45% share in the JV Consortium and successfully executed similar work.  It was also mentioned that the JV was submitted and in the custody of MSMC.  It is nobody’s case that the respondent no.1 doubted the authenticity of the certificate but disqualified on the ground that Clause 5(D) mandated furnishing of the JV agreement alone in order to use its experience and nothing else.  Conditions in a NIT must be clear and unambiguous.

In the event the authority insisted on furnishing JV agreement it should hve been spelt out clearly in the NIT.  Having not done so, the respondent no.1 cannot thrust the responsibility on the appellant to seek clarification and submit such document.