Tender – Rejection of Technical bid
The petitioner submitted the tender for allotment of the plot on lease. The Technical Committee found that the petitioner and another tenderer failed to submit requisite documents and therefore, disqualified.
On 2.12.2024, the petitioner submitted representation after obtaining information under RTI on the reasons for rejection of its bid.
In the meanwhile, the respondent no.3 was allotted the plot and paid first instalment of Rs.12,10,18,141/-.
On 6.1.2025, the petitioner received the copies of Technical Evaluation Report and found that the bid was rejected on account of non-fulfilment of qualifications of technical criteria.
Failure to meet the prescribed criteria of having experience of construction of residential and/or commercial projects with total area of at lest 6 lakh square feet built up area and to submit summary information in prescribed format of Exh.IV.
The experience certificate of Architect produced by the petitioner shows that the petitioner constructed the “residential plus assembly building”.
The bidder was required to submit OC or completion certificate showing experience of construction of residential and/or commercial project with 6 lakhs sq.ft built up area.
The Tendering Authority refused to consider the experience of Petitioner for construction of Residential-cum-Assembly Project” as “construction of residential and/or commercial use” as required by the tender conditions. The interpretation made by the tendering authority would be final and binding.
The petitioner cannot now be permitted to rely on additional documents after completion of tender process.
The requirement of summary in format of Exhibit IV giving the details of each and every document relied on by the bidders in respect of experience of construction of residential and/or commercial project of at least 6 lakhs sq.ft built up area is also mandatory. The Evaluation Committee was not supposed to go through the details of every document and scout for the relevant information. The contention of the petitioner is that the said format is not mandatory or is an ancillary document cannot be accepted.
The question of eligibility of successful bidder is academic when it is found that the petitioner is technically academic.
Judgment dated 26.5.2025 of the Bombay High Court in Writ Petition (L) No.6662 of 2025 of Anik Industries Ltd Vs. Maharashtra Airport Development Company Ltd and others
