The subject matter requiring adjudication in this proceeding pertains to eligibility to offer bids against a Notice Inviting Tender, which had arisen on the following circumstances.

2. The respondent/Oil & Natural Gas Corporation Ltd (ONGCL in short) issued notice inviting sealed tenders for supply of, amongst others, Aqueous Film Forming Foam (hereinafter referred to as AFFF) 3% (IS: 4989 Part II) for 15,000 litres. It was indicated in the said Notice Inviting Tender that non-transferable » bidding document would be available in the office between 1400 hours to 1600 hours on any working day from 1.7.98 upto one day prior to the date of closing of bid on payment of the requisite tender fee. The closing date and time for receipt of tenders was fixed at 1400 hours on 31.7.98 and the opening date and time of the tenders was fixed at 1500 hours on 3.8.98. In terms of the Notice Inviting Tender (NIT for short), the petitioner submitted an application for procurement of 15,000 AFFF 3% V/V Concentrate as per IS 4989 Part IIISI Marked which was issued to the petitioner on payment of the tender fee. The bidding document inter alia contained the technical criteria and under clause 3.1 of the

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