Eligibility criteria for Gateway of India’s jetty tender is justified: HC
The petitioner claimed that the eligibility criteria were decided with mala fide intent to favour one particular bidder West Coast Marine
MUMBAI: The Bombay high court on Wednesday paved the way for modernisation of the jetty at Gateway of India by dismissing a petition that challenged the eligibility criteria for the project’s tender.
The project of modernising the jetty included placement of a pontoon to ensure safety, efficiency and sustainability in maritime operations. The qualification criteria required bidders to possess a minimum of 10 years’ experience in the installation and operation of pontoons. It restricted participation by consortiums and mandated that bidders must demonstrate prior work experience in (high-density polyethylene) HDPE pontoon projects to qualify.
The petitioner, Marinetek India Services Private Ltd, is engaged in the business of manufacturing and installing pontoons. They alleged that the eligibility criteria for the tender were arbitrary with an ulterior motive to favour a particular bidder, West Coast Marine, who had prior experience with HDPE pontoons. They sought relaxation from 10 years’ experience to three years, and to allow consortiums to participate. They also asked for an explanation for including HDPE pontoons in the eligibility criteria, claiming it eliminated other competent bidders.
The Ministry of Ports, Shipping and Waterways & Ors. justified the conditions saying they were necessary to select a competent, experienced, and reliable contractor for the high-stakes project, given the challenging operational conditions at the site. They explained that the HDPE pontoons in the eligibility criteria was necessary to address site-specific challenges. They defended not including consortiums to avoid challenges in accountability that arise from dealing with multiple parties.
The petitioner contended that these clauses when viewed collectively exhibit an intent to create monopoly in favour of the West Coast Marine, defeating the purpose of a transparent and competitive tender process.
The court led by chief justice Devendra Kumar Upadhyaya and justice Amit Borkar rejected the contention of the petitioner stating that the criteria was justified and in alignment with the technical demands of the project. “It is well-settled that the tendering authority is best placed to assess its specific needs and the qualifications necessary for a project of this scale and complexity,” the court said, agreeing with the justification given by the defendant.
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