Summary: As per settled legal jurisprudence, there are limited grounds available for a participating entity to raise challenges to a tender process and/ or its terms after participation. Barring such limited grounds, any challenge in respect of a tender must be raised before participation in the tender process. This blog focusses on the Supreme
A closer look at whether tighter security means better roads or fewer bidders
Summary: India’s 2025 APS Circular marks a pivotal shift in public procurement, tightening financial safeguards against underbidding in road projects. By mandating tiered performance securities for bids even marginally below estimated costs, the policy aims to enhance accountability and execution quality. However, its one-size-fits-all approach risks sidelining efficient contractors, inflating bid prices, and dampening competition. A more calibrated framework—with capped guarantees, milestone-based deposits, and carve-outs for proven performers—could transform APS from a blunt compliance tool into a strategic enabler of innovation, fiscal discipline, and infrastructure excellence.
Continue Reading Barriers or Bridges? Unpacking India’s 2025 APS Mandate and its Ripple Effect on Road Projects