Tender evaluation transparency permits deferred disclosure of scores where ongoing procurement and public interest require timely completion.
Judicial review of an ongoing tender is limited to the legality of the decision-making process, including arbitrariness, irrationality, bias, mala fides and procedural impropriety; it does not permit reassessment of comparative technical merit. Technical disqualification challenges may therefore be premature before financial bids are opened or successful bidders are identified, particularly where uninterrupted public services require timely procurement. Procurement rules and tender conditions requiring reasons for technical disqualification oblige disclosure of unsuccessful bidders' reasons and their own detailed scores. They do not require immediate disclosure during the process where timing is unspecified, procurement may be disrupted, and other bidders' comparative marks remain commercially confidential.
Issues: (i) Whether the technical disqualification of bidders scoring below the prescribed qualifying marks warranted judicial interference before completion of the tender process; (ii) Whether unsuccessful technical bidders were entitled to immediate disclosure of criterion-wise marks, reasons for disqualification, and comparative marks of other bidders.
Issue (i): Whether the technical disqualification of bidders scoring below the prescribed qualifying marks warranted judicial interference before completion of the tender process.
Analysis: Judicial review in tender matters is confined to testing the legality of the decision-making process for arbitrariness, irrationality, bias, mala fides or procedural impropriety; it does not extend to reassessing comparative technical merit. The petitioners did not allege mala fides or establish arbitrariness in the technical evaluation. Their challenge depended upon comparison with shortlisted bidders when successful bidders had not yet been identified and, save for one tender, financial bids had not been opened. The challenge to the technical disqualifications was therefore premature. The need for timely commencement of consular, passport and visa services for the Indian diaspora outweighed the petitioners' commercial interest in halting the ongoing tender processes.
Conclusion: The technical disqualifications did not warrant judicial interference at the ongoing tender stage, against the petitioners.
Issue (ii): Whether unsuccessful technical bidders were entitled to immediate disclosure of criterion-wise marks, reasons for disqualification, and comparative marks of other bidders.
Analysis: Rule 173(iv) of the General Financial Rules, 2017 and the tender condition requiring communication of reasons for technical disqualification obligated the respondents to provide reasons to unsuccessful bidders. A pre-bid response could not override or amend the substantive tender terms. However, the tender terms did not prescribe the timing of disclosure. Immediate disclosure of detailed marks and reasons, before conclusion of the tender process, was declined because it could disrupt and delay procurement of essential public services. Comparative marks and benchmarks of other bidders were also not required to be disclosed at that stage, particularly where no successful bidder had been selected and commercial confidentiality was involved. The respondents' undertaking to furnish the petitioners' detailed marks and reasons after completion of the tender process was recorded.
Conclusion: The petitioners were entitled to reasons and detailed breakup of their own marks only after completion of the tender processes, and were not entitled to immediate comparative disclosure, against the petitioners.
Final Conclusion: The tender evaluations remain insulated from premature merits review, while the respondents must provide the unsuccessful bidders with their reasons for disqualification and detailed scores upon completion of the respective tender processes, leaving statutory remedies thereafter available.
Ratio Decidendi: In tender matters, a contractual and procurement-law obligation to disclose reasons for technical disqualification does not require immediate disclosure during an ongoing procurement where no arbitrariness or mala fides is established and deferred disclosure is necessary to protect overriding public interest in timely completion of the tender.