Bombay HC sets aside BEST tender awarded to Evey Trans for 2,100 electric buses
India Today
The Divisional Bench of the Bombay HC has ruled that BEST’s decision to award the contract of providing 2,100 electric buses to Evey Trans was incorrect as they had violated the rules of the bidding process.
The Division Bench of the Bombay High Court, while responding to a petition filed by Tata Motors against its disqualification from the tender floated by Brihanmumbai Electric Supply and Transport (BEST) to award 2,100 electric (EV) buses, ruled that BEST’s decision to hold Evey Trans responsive was incorrect. The ruling further stated that BEST may, if required, issue a fresh tender.
The ruling, issued by Justice SV Gangapurwala and Justice Madhav Jamdar, is a major setback to Evey Trans. It will result in the cancellation of the contract to provide 2,100 EV buses.
Tata Motors had challenged the award of tender to Evey on the ground that 2 hours before the technical evaluation, BEST had allowed Evey Trans to change its bid.
During the evaluation of the technical bid, there was a clear prohibition in the tender on bidders from unduly influencing BEST by contacting BEST on any matter relating to its bid from the time of bid opening until the time the contract is awarded.
BEST had allowed Evey Trans to correct its bid after the bid was opened on May 4, knowing that its bid, as it stood on the opening date, would be rejected on account of the deviation in its undertaking on operating range.
Tata Motors had urged the Court to take a stern view on the favour extended by BEST to Evey Trans and preserve the sanctity of the tender process.
On the issue of disqualification of Tata Motors, the Court has upheld its disqualification from the said tender. However, if BEST floats a fresh tender pursuant to today’s judgement, Tata Motors will be able to bid afresh in the new tender so floated.
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