Category: Tenders

Government Contracts and Tenders — Letter of Intent (LoI) — Legal Nature — An LoI is ordinarily a precursor to a contract, indicating intent to enter into a future agreement, but does not itself create a concluded contract or vested, enforceable rights unless the necessary preconditions are satisfied — A bidder’s commercial expectation that a contract will follow an LoI is not a juridical entitlement — If the LoI explicitly stipulates conditions precedent (like compatibility testing, live demonstration, and cost disclosure) before execution of an agreement/final award letter, the LoI remains provisional and conditional until such prerequisites are met. (Paras 12, 14, 15, 16, 17, 18, 19

2025 INSC 1355 SUPREME COURT OF INDIA FULL BENCH STATE OF HIMACHAL PRADESH AND ANOTHER Vs. M/S OASYS CYBERNATICS PVT. LTD. ( Before : Surya Kant, CJI., Ujjal Bhuyan and…

Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms.

2025 INSC 1276 SUPREME COURT OF INDIA 2 JUDGES BENCH KIMBERLEY CLUB PVT. LTD. Vs. KRISHI UTPADAN MANDI PARISHAD AND OTHERS ( Before : Surya Kant and Joymalya Bagchi, JJ.…

Tender – The Supreme Court found that the High Court did not properly consider the independent committee’s findings and the previous cancellation of the tender. It held that the respondents acted in collusion to misuse the court’s process – The Supreme Court quashed the High Court’s order, allowed the appeal with costs, and clarified that HIMUDA could initiate a fresh tender process following due legal procedures.

SUPREME COURT OF INDIA DIVISION BENCH LEVEL 9 BIZ PVT. LTD. — Appellant Vs. HIMACHAL PRADESH HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ANOTHER — Respondent ( Before : Bela M.…

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