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Issues involved: Whether the E.C. exceeded its authority in the assessment of technical pre-qualification.
Judgment Summary: Assessment of Technical Pre-Qualification: The controversy revolved around whether the E.C. had overstepped its authority in evaluating technical pre-qualification. The scoring system outlined the importance of objectivity in the identification of factors, allocation of marks, and giving of marks. The assessment was to be absolute, not relative, with each factor assigned specific marks. However, the E.C. deviated from this by altering factors such as "absorption of employees" and "property development," leading to a shift in priority and blurring the distinction between different types of experience and revenues. This departure from objectivity was deemed unauthorized and contrary to the scoring system. In a separate opinion, it was highlighted that the E.C. had strayed from the prescribed scoring system by modifying factors and allocating uneven marks to sub-factors. This deviation compromised the objectivity required in the assessment of technical pre-qualification criteria. The E.C.'s actions were deemed beyond its authority and not in line with the established scoring system.
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