DELTECH INDIA PCT LTD Vs. OIL AND NATURAL GAS CORPORATION

JUDGEMENT

(1.) This writ application has been filed challenging the legality and validity of a notice issued by the respondent Mo. 1. By the impugned notice certain clauses in the earlier tender notice issued by the Oil and Natural Gas Corporation (hereinafter called ONGC) were changed and that notice is dated 13.11.01. A prayer is made that this notice dated 13.11.01 issued may be quashed and there may direction to the ONGC either to proceed in terms of its earlier notice dated 28.8.01, Annexure-1 or to issue a fresh tender.

(2.) The brief facts of the case are as follows:

(3.) On 28.8.2001 the ONGC issued a notice inviting tender for hiring of services for operation and maintenance of workover Rigs and the number mentioned in that notice was 9 (nine). It was further stated in that notice that the bids are invited from the contractors having at least 1 year experience in providing drilling workover rigs on charter, Hire or Operation and Maintenance Basics to ONGC Oil or any other similar oil company. On 1.10.01 a letter was sent alongwith Bid Document to the petitioner for the aforesaid work and in that letter it was mentioned that the duration of the contract shall be for a period of three years. As mentioned in the tender notice pre-bid conference was held on 16.10.2001 and on 20.10.2001 clarificatory letter was issued. There was a direction in that letter that the persons willing to submit tender must submit quotations as per terms and conditions of the tender document and the clarifications issued after the pre-bid conference. In Annexure-2 dated 1.10.01 it was stated that the tender was for 9 (nine) rigs and duration of the contract is for a term period of 3 (three) years. In Annexure-3 reply to the bidders queries during pre-bid conference held on 16.10.01 have been annexed and there in Clause 16 and 17 it has been provided as follows: