Case Law Details
Agmatel India Pvt. Ltd. Vs Resoursys Telecom (Supreme Court)
Facts- A Notice Inviting Tenders (‘NIT’) issued by the appellant-NVS on 12.02.2021 on the Government online portal i.e., Government e-market Place (‘GeM’) for supply of 68,940 Tablets for school children. The NIT carried with it several of the terms and conditions pertaining to ‘Experience’ and ‘Past Performance’ of the bidders.
The petitioner M/s. Resoursys Telecom responded to the said NIT and offered its bid for the product i.e., “Tablet” which is being manufactured by an Indian company namely, Lava International Limited, after having necessary approvals from the manufacturer (OEM). After opening the technical bids on 08.05.2021, the appellant-NVS rejected the bid of the writ petitioner on 25.06.2021, while stating the reason of rejection as ‘technical specification mismatch’.
The petitioner felt that the grounds for rejection were not discernible and the rejection was vague and ambiguous and therefore made a representation dated 27.06.2021 seeking clarification of the reason for rejection.
The petitioner filed the writ to the High Court and the same was accepted. The main issue involved here is whether the High Court has been justified in interfering with the view taken by the tender inviting authority NVS.
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