HC rules in BMC favour in 2 pleas on waste tender
Veer Infra, along with another petiioner, had moved the HC challenging modified tender conditions, of July 1, 2025, and sought direction for issuance of fresh tender notice by prescribing the eligibility criteria as stipulated in the earlier tender floated for the years 2018-2025.
The tender was for the collection and transportation of municipal solid waste in its wards to transfer stations and final disposal sites for a period of seven years from 2025 to 2032.
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A pre-bid meeting was held on May 29, 2025. Both the petitioners had made representations complaining about stipulation of eligibility conditions in the tender notice.
The petitioners said the July 1 modification amounts to wholesome modification of the tender conditions. That experience of door-to-door collection, storage, segregation, transportation and disposal of municipal solid waste for 7 years is impossible of being fulfilled by any contractor from Mumbai as similar tender of the requisite magnitude has never been floated during past seven years in Mumbai city.
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That the SLF Waste processing plants were installed in Mumbai only five years back, making it impossible for any bidder from Mumbai to fulfill the prescribed eligibility criteria.
It was also argued that the modified marking system totaling 50 marks are reserved for subjective analysis, thereby leaving room for arbitrariness in selecting the favourite bidders by rejecting other eligible bidders.
The high court said the civic body is the best judge to.understand it's requirement and has accordingly formulated the tender conditions.
"This court cannot sit as an appellate authority over the wisdom of tendering authority in adopting a.paricular methodology for evaluating bids."
On the objection related to restriction put on Joint Venture bidders in bidding for more than one group, the HC said, "A bidder can bid to any numbers of groups, provided the bidder fulfills the criteria of the amount mentioned against the turnover and work experience individually for those groups."
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