Tender Matters
Tender Matters involve legal challenges arising out of government and public sector procurement processes. These disputes typically concern the issuance, evaluation, acceptance, or cancellation of tenders by State authorities, public sector undertakings, statutory bodies, and instrumentalities of the State.
Tender disputes are ordinarily adjudicated under the writ jurisdiction of the High Courts. Courts do not act as appellate authorities over commercial decisions and intervene only where the decision-making process is tainted by illegality, arbitrariness, mala fides, or violation of constitutional principles.
Courts exercise restraint in tender matters and interfere only when the decision-making process, and not the decision itself, is found to be illegal, arbitrary, or irrational.
Arbitrary or discriminatory tender conditions
Tender terms that unfairly exclude eligible bidders or lack a rational nexus with the object of procurement.
Deviation from evaluation criteria
Failure to adhere to prescribed technical or financial evaluation parameters.
Rejection of compliant bids
Unjustified rejection of technically or financially compliant bids.
Cancellation or re-tendering
Cancellation or fresh tendering without valid reasons or recorded justification.
Violation of transparency and fairness
Procurement processes lacking transparency, equal treatment, or procedural fairness.