Delhi 13 November 2024,
A tender participant has approached the Delhi High Court to challenge the tender process, alleging unfair practices and violations of the specified guidelines. The contested tender is part of the BharatNet Phase-3 project initiated by BSNL, which involves designing, supplying, constructing, upgrading, operating, and maintaining the Middle Mile Network. This initiative aims to enhance connectivity and reduce the digital divide across India.
Industry sources indicate that the participant’s legal action has garnered significant attention, with speculations about a potential stay order on the tender process. There is also a possibility that the court might direct the tendering authority to re-evaluate the bids or provide interim relief to the complainant, potentially including reconsideration of their bid.
A diverse range of bidders has participated in this tender, including both solo and consortium bids, with companies leveraging their strengths and strategies to secure these substantial contracts. The solo bids include well-known optical fiber cable manufacturers while the consortium bids feature a mix of companies across various sectors. In total, 21 bidders have submitted 187 bids for the 16 available packages and financial bids were opened only for 12 bidders out of 21.
It’s worth noting that while the Delhi High Court recently ruled that entities not participating in a tender process cannot challenge its outcome, the entity in question here is an active participant in the bidding process, making their petition admissible under these circumstances.
If the tender process is violated by the authorities, the entity will surely win in court!