Transparent technical evaluation requires disclosed benchmarks and recorded reasons; unexplained scoring invalidates procurement awards and requires fresh tendering.
Public procurement technical evaluations must follow disclosed, objectively verifiable criteria and include recorded, communicated reasons for scoring and disqualification. A challenge to parameter-wise marks is not barred by res judicata where prior proceedings did not assess undisclosed evaluation material and later disclosure creates a fresh cause of action. Judicial review does not reassess technical merits but examines legality of the decision-making process. Unexplained differential scoring of similar bids, undisclosed comparative standards, absent evaluation summaries and inadequate debriefing violate transparency, equality and fair administrative action. Numerical marks alone do not satisfy requirements to record and communicate reasons. The technical evaluations and resulting tender awards were set aside, requiring fresh lawful and transparent procurement while maintaining public-service continuity.
Issues: (i) Whether the challenge to the disclosed parameter-wise technical evaluation was barred by res judicata or constructive res judicata; (ii) Whether the technical-bid evaluation process was arbitrary, opaque and contrary to the requirements of fairness, transparency and equality; (iii) Whether failure to record and communicate reasons for the technical evaluation and disqualification vitiated the process.
Issue (i): Whether the challenge to the disclosed parameter-wise technical evaluation was barred by res judicata or constructive res judicata.
Analysis: The earlier proceedings had not adjudicated the merits of the technical evaluation because the relevant evaluation material had not been disclosed and the challenge was then premature. Liberty had been reserved to pursue remedies following disclosure, and the later communication of parameter-wise marks supplied a fresh cause of action. The legality of that disclosed evaluation could neither have been raised nor decided in the earlier proceedings.
Conclusion: The petitions were maintainable and were not barred by res judicata or constructive res judicata, in favour of the petitioners.
Issue (ii): Whether the technical-bid evaluation process was arbitrary, opaque and contrary to the requirements of fairness, transparency and equality.
Analysis: Judicial review did not entail reassessment of technical merits, but extended to legality of the decision-making process. Comparative criteria required ascertainable standards for identifying the best offer and proportionate scoring, while objective criteria prescribed measurable benchmarks. The evaluation disclosed neither comparative benchmarks nor deficiencies in the proposals. Materially identical proposals and credentials received materially different marks across Missions, including zero marks despite apparent compliance with stipulated benchmarks. Oral presentations could not replace contemporaneous recorded reasons or validate undisclosed standards. The absence of a comparative evaluation summary and meaningful debriefing further undermined transparency. Exclusion of a bidder quoting lower financial bids also implicated public interest.
Conclusion: The technical evaluation process was arbitrary, irrational, non-transparent and violative of Article 14 of the Constitution of India, in favour of the petitioners.
Issue (iii): Whether failure to record and communicate reasons for the technical evaluation and disqualification vitiated the process.
Analysis: Rule 173(iv) and Rule 189 of the General Financial Rules, 2017 required transparency and recording of reasons in evaluation and rejection of technical proposals. The tender terms also required unsuccessful bidders to be informed of reasons for disqualification. Communication of numerical marks without their factual basis, identified deficiencies or comparative rationale did not establish application of mind or permit meaningful scrutiny. The respondents remained bound by their recorded undertaking to furnish reasons; the subsequent direction to provide mark break-ups did not dilute that obligation.
Conclusion: Failure to record and communicate reasons rendered the technical evaluation opaque, arbitrary and contrary to natural justice and fair administrative action, in favour of the petitioners.
Final Conclusion: The impugned technical evaluations and consequential tender awards could not stand; procurement must be undertaken afresh through a lawful, transparent and reasoned process while continuity of public services is maintained.
Ratio Decidendi: In public procurement, technical evaluation must adhere to disclosed and objectively verifiable criteria, and unexplained scoring, undisclosed comparative standards and unrecorded reasons render the decision-making process vulnerable to judicial review under Article 14.