General Manager (Contracts Cell) Vs Jyothi Constructions (Madras High Court)
The Madras High Court has dismissed an appeal filed by the General Manager (Contracts Cell) of Indian Oil Corporation Limited (IOCL), thereby upholding a Single Judge’s order that directed the acceptance of technical bids from Jyothi Constructions and A.M.G. Vijaykumar for a road transportation tender. The tender bids had been initially rejected due to an issue with a specific declaration form, which the High Court found to be ambiguous and irrational.
The case originated from a tender floated by IOCL on January 22, 2022, for the road transportation of bulk petroleum products using Tank Trucks. The tender sought 148 Tank Trucks of 12-16 kilolitre capacity and 21 Tank Trucks of 18-30 kilolitre capacity. Both Jyothi Constructions and A.M.G. Vijaykumar submitted their applications.
A key requirement in the tender documents, specifically Entry No. 16 of the technical evaluation checklist, mandated the submission of “Details of relationship with Directors of IOCL – Part A, B & C and Declaration ‘I’, ‘II’ and ‘III’ (Attachment-11)” on the tenderer’s letterhead. Declaration ‘I’, crucial to this dispute, stated: “We declare that we have complied with and have not violated any clause of the standard Agreement.”
