- (1.) Petitioners before this Court are engaged in the business of transportation of LPG Indane Cylinders. Indian Oil Corporation Ltd. invited tenders for the work of transportation of LPG Indane Cylinders in vertical position on unit rate basis Ex Haldwani Bottling Plant. Petitioners in their turn proceeded to offer their bid by the method of e-tendering according to which the bids were to be submitted/offered online through the IOCL-E-Tendering Website Https:11iocletenders.gov.in. Petitioners claim that they submitted/uploaded their bids and their further submission is that the bid has been submitted as per the terms of the tendered document contained at page 4 under the heading of CREDENTIAL BID (A), wherein the bidders are required to submit nineteen documents and at serial No. 13 of the same there is a mention of copy of latest Income Tax Return. The description of document mentioned at serial no. 13 for ready reference is being reproduce below; "13. Copy of latest Income Tax clearance certificate, in absence of which an acknowledged copy of latest Income Tax Return filed/copy of PAN card of proprietor in case of proprietorship firm/copy of PAN card in the name of the firm in case of any other firm/limited company (a copy of the partnership deed should accompany the tender if the tenderer is a partnership firm)".
(2.) At this juncture we also proceed to take note of the fact mentioned at page 6 of the tender document under the heading of PRE QUALIFICATION CRITERIA FOR QUALIFYING TENDERER at clause 6 wherein it is mentioned that tenderers have to submit proof of submission of Income Tax Return of the past three financial years. The clause 6 for ready reference is reproduced below; "6. Tenderers have to submit proof of submission of Income Tax Return of the past 3 Financial Years. Acknowledged copy of IT Return to be enclosed. The IT return should be either in the name of Firm or Proprietor of the Firm participating in the tender."
(3.) At page 16 of the tender document in clause 5.0 there is mention of evaluation criteria of tender. Clause 5.1 provides that the tender is being floated in two bid systems i.e. credential bid and price bid. It further provides that credential bid will be first opened and will be evaluated and the bidders who will qualify in credential bid shall be eligible for the price bids. The clause 5.0 and 5.1 being relevant are reproduced below; "5.0 EVALUATION OF CRITERIA OF TENDER: 5.1. This tender is floated in two-bid systems i.e. credential bid and price bid. Credential bid will be first opened on scheduled date and will be evaluated. Price bids of the tenderers, who have qualified in credential bid based on our evaluation, will be opened on subsequently notified date." According to the tender document contained in annexure the date of opening of credential bid was 2.1.2015 at 15.30 hrs. and as per the Note, contained at page 2 of the tender document, the tenderers were advised to bring original of all the documents for credential bid verification as per credentials bid check list. The said Note for ready reference is extracted below; "NOTE: 1. Credential Bid Verification: Same will start at 11.00 hrs on 15.12.2014. Allthe bids were to be submitted/offered online through the IOCL-E-Tendering Website Https:11 iocletenders.gov.in. tenderers are advised to bring Originals of all the documents (wherever copies are enclosed) attached in the tender as per Credential Bid Check List for physical verification at the address mentioned below; Chief Manager (LPG-O), UPSO-II INDIAN OIL CORPORATION LIMITED (Marketing Division) UP State Office-II Address: E-8, Sector 1, Noida-201 301";