Electric Bus tender: TATA Motors moves Bombay High Court after bid disqualified by BEST

TATA Motors Limited has moved the Bombay High Court against a decision of the Brihanmumbai Electric Supply and Transport Undertaking (BEST) to disqualify the former from a tender bid for operating electric buses [TATA Motors v. The Brihanmumbai Electric Supply and Transport Undertaking (BEST) & Anr.]. .A vacation bench comprising Justices Nitin Sambre and Anil Pansare sought the response of BEST and placed the matter for arguments on May 23..The plea by TATA Motors challenged a May 6 decision by BEST allegedly declaring TATA's bid as 'technically unresponsive' for supposedly deviating from tender specifications. BEST had issued tender inviting bids for operation of State Carriage Services for public transport of 1,400 single decker AC electric buses in the city of Mumbai and extended suburbs on gross cost contract model for 12 years.TATA submitted its technical and financial bid for the tender after a pre-bid meeting in which it had requested BEST to modify certain tender specifications, which BEST did based on the suggestion.BEST meanwhile published the technical suitability evaluation of the tender and, according to TATA, wrongly declared their bid as 'technically non-responsive'. BEST said that the deviation range mentioned by TATA was not acceptable as per the tender issued. This was erroneous as per TATA Motors as their bid was in conformity with the conditions of the tender by guaranteeing the operating range of the electric buses as 200 kms for single decker buses with 80% state of charge without any interruption. The declaration was also arbitrary as BEST selectively relaxed conditions of the tender for another bidder, Evey Trans Pvt Ltd, by allowing interruption in charging time and waiving off the requirements of matching of rates for evaluation of bids, TATA motors claimed."The said action of BEST is unreasonable, disproportionate, arbitrary and violative of Article 14 and 19(1)(g) of the Constitution," the plea stated seeking review of the BEST decision. .Senior Advocate Mustafa Doctor briefed by Karanjawala & Co. and Lexicon Law Partners appeared for TATA Motors. Senior Advocate Sharan Jagtiani appeared for BEST. Senior Advocate Percy Pardiwala and advocate Rohan Cama appeared for Evey Trans Pvt. Ltd.