The Gauhati High Court has directed the Assam Government and its agencies not to issue any Letter of Intent (LoI) or enter into a contract with any bidder for the procurement of ambulance fleet management services until the next date of hearing, while considering a challenge to the technical disqualification of a bidder.
Justice Devashis Baruah passed the interim order in a writ petition challenging the rejection of the company’s bid in a tender issued on May 20, 2026, for fleet management services involving Advanced Life Support ambulances, Basic Life Support ambulances and boat ambulances.
Nine bidders had participated in the tender process. Of these, five were declared technically non-responsive, while four were found technically responsive. The petitioner’s bid was rejected on the ground that the documents submitted did not establish its experience in fleet management services.
The company contended that it had relevant experience as the lead partner in projects including the Chhattisgarh 108 Sanjeevani Express Project, the Madhya Pradesh Integrated Referral Transport System and the 104 Health Helpline Project. Its representation against the disqualification was rejected on October 23, 2026, on the ground that the experience had been acquired as part of a consortium.
The petitioner argued that the tender conditions did not exclude experience gained as a lead partner of a consortium from consideration. It further submitted that the technical corrigendum relied upon by the authorities applied to bids submitted by joint ventures or consortia and not to a bidder participating as a single entity.
The petitioner also relied on the Supreme Court’s decisions in New Horizons Ltd. v. Union of India, (1995) 1 SCC 478 and the Gauhati High Court’s decision in Community Action Through Motivation Programme (CAMP) v. State of Assam, 2022 (4) GLR 604 to contend that experience acquired as a constituent of a consortium could be considered while assessing a bidder’s credentials.
Opposing the plea for interim relief, the State submitted that any delay in the tender process could affect ambulance services, which are of vital importance.
Taking note that no Letter of Intent or Letter of Acceptance had been issued as on the date of the order, the Court directed that, until the next date, no Letter of intent shall be issued and no contract shall be formed with respondent No. 5 or any other bidder.
The Court also directed the petitioner to implead the three other technically qualified bidders, referring to the Supreme Court’s decision in Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corporation Ltd., (2016) 16 SCC 818 which requires technically qualified bidders to be made parties where a bidder challenges its technical disqualification.
