What is experience in relation to a Tender

As defined in Black’s Law Dictionary (sixth edition), ‘experience’, means, “A state, extent, or duration of being engaged in a particular study or work; the real life as contrasted with the ideal or imaginary. A word implying skill, facility, or practical wisdom gained by personal knowledge, feeling, and action, and also the course or process by which one attains knowledge or wisdom.”

That general understanding of the term however changes semantic shades with reference to the specific disciplinary or factual context it is employed in. In the fields of trade & commerce, business & contracts, applied technology and the like, experience would mean a special skill or knowledge possessed by a person in a particular discipline of science, technology, profession or business by reason of distinctive study, practical acquaintance and involvement relevant to the disciplinary or factual context in question. For instance, in case of a notification inviting tenders aimed at screening experience for a construction project, a capital investor, though experienced for his professional fief may not be deemed to have the experience of previously constructing a building merely because he bankrolled the venture.

2021 PLRonline 011 (2021-1) PLR 825 M/S. A.G. CONSTRUCTION CO. v. FOOD CORPORATION OF INDIA

Tender – Experience - What is experience in relation to a Tender - General understanding of the term “Experience” changes semantic shades with reference to the specific disciplinary or factual context it is employed in - In the fields of trade & commerce, business & contracts, applied technology and the like, experience would mean a special skill or knowledge possessed by a person in a particular discipline of science, technology, profession or business by reason of distinctive study, practical acquaintance and involvement relevant to the disciplinary or factual context in question - For instance, in case of a notification inviting tenders aimed at screening experience for a construction project, a capital investor, though experienced for his professional fief may not be deemed to have the experience of previously constructing a building merely because he bankrolled the venture.

2021 PLRonline 011 (2021-1) PLR 825 M/S. A.G. CONSTRUCTION CO. v. FOOD CORPORATION OF INDIA