The authority issuing the tender has discretion in interpreting and enforcing tender requirements, and unless there is evidence of illegality, courts should exercise restraint in interfering with contractual and commercial matters.

JUDGMENT

B.MOHANTY, J. - This writ application has been filed by the petitioner praying for quashing of the orders under Annexures-1 & 4/1 reflecting rejections of the petitioner's bid in connection with the tender for road transportation of bulk petroleum products by bottom loading tank trucks. Further prayer is to direct the opposite party No.2 to consider the petitioner's tender on merits as per the Tender Call Notice and award it the work of transportation of I.O.C.L's. bulk petroleum products ex-I.O.C.Ls Paradeep Terminal.

2. The present case relates to the Tender Call Notice issued by the opposite party No.1 under Annexure-2 inviting tender for road transportation of bulk petroleum products by bottom loading tank trucks vis-a-vis Paradeep Terminal for the year 2021-2022. Vide Annexure-A/1, it was made clear that clarification end date vis-a-vis the Tender Call Notice under Annexure-2 was 27/7/2021 and the document download/sale end date/bid submission end date was 14/8/2021 and bid opening date was 16/8/2021. Clause 1.1 of the Tender Call Notice made it clear that all the tank trucks would be subject to third party inspection and fabrication has to be carried out on a new tank from a PESO approved fabricator. Serial No.3 of Clause 1.3 made it clear that legible copies to be submitted with regard to valid R.T.O. registration and PESO license for the tank trucks (for short 'TTs') offered and TTs offered without these documents, would not be considered for evaluation. As per Clause 1.4.7 of the Tender Call Notice, a tenderer will have to offer TTs in the ratio of number of TTs required capacity wise i.e. 12-16 KL : 18-40 KL. It also made it clear that one tenderer can offer maximum 6 TTs in the ratio of 2 numbers TTs of 12-16 Kilo Litres (for short 'KL') capacity and 4 numbers TTs of 18-40 KL capacity. Like this minimum TTs which can be offered by a tenderer shall be in the ratio of one number of TT in 12-16 KL capacity and two numbers of TTs in 18-40 KL capacity. It also made it clear that that the TTs which would fall under the ratio specified shall be considered under LOT-1. In case a tenderer has offered TTs not in the desired ratio, then the TTs falling in desired ratio shall be considered as LOT-1 and other TTs offered beyond the ratio shall be considered in LOT-2. While allocation of TTs within L-1 rate is finalized, the offers from LOT-1 will be allocated and if the requirement is still not met, then allocation will be made from LOT-2. It also laid down the ranking procedure. At clause 1.4.9 it was made clear that all ready built TTs offered should have valid R.T.O. registration and PESO license as indicated earlier and as per Clause 1/4/12, the tenderer shall fill the details of ownership of TTs, R.T.O registration, PESO license etc. as applicable in the particulars of TTs offered. It also provided for reservation criteria which included reservation in favour of the S.C., S.T and MSEs. At Clause 1.11, it laid down the process of evaluation of tenders. At clause 1.12 (c) it was made clear that the tenderer's offer complete in all respect must be submitted on or before the due date of closing of the tender in line with the instructions given. As per Clause 1.12(d), claims and objections due to ignorance of existing conditions or inadequacy of information would not be considered after submission of the bid and during the implementation. Further as per Clause 1.12 (e) it was made clear that the tenderer shall give an undertaking on their letter head that the content of the bidding document has not been altered or modified and any change in the bid documents or conditional bid is liable to be summarily rejected. In the "Instructions to Tenderers for participation in ETendering" under Annexure-2, it was made clear that no bids should be submitted after the last date and time of submission has reached and if the tenderer intended to revise the bid already submitted, they may change or revise the same on or before the last