4 Whether This Case Involves A ... vs Oil Natural Gas Corporation Ltd

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI)

1. By way of the present writ petition, the petitioner has prayed to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent- Oil & Natural Gas Corporation Ltd. to open the commercial bid of the petitioner for the Tender No. E16YC14036.

2. The Oil & Natural Gas Corporation Ltd. ["ONGC" for short] invited tenders for hiring of O & M services for E-760-18 Drilling Rig for a period of two years. Dates of submission and closing of the tenders was 12.1.2015 and the tender documents were scheduled to be opened on 12.1.2015. There was two bid system; one was technical bid and the other was commercial bid. Eligibility criteria and experience required from the bidders was indicated in para 2.1[a] to 2.2 of the tender document. The said para 2.1[a] to 2.2 are extracted hereunder:

"2.1[a] The bidder should have minimum 02 [TWO] year experience of operation & maintenance of drilling rigs during the last 05[five] years prior to the date of opening of techno-commercial bid and should submit documentary evidence to this effect in the form of detailed work order[s] & completion certificate[s] in Original or photo copies duly notarised by Notary Public.

2.1[b]In case the bidder is an Indian company/Indian Joint venture company, either the Indian company/Indian Joint venture company or its technical collaborator/joint venture partner should meet the criteria laid down at B1.2.1[a].

2.2 ___ of experience and past performance of the bidder and the collaborator [in case of collaboration] or of joint venture partner [in case of a joint venture], on works/jobs Page 2 of 4 C/SCA/6023/2015 JUDGMENT done of similar nature in the past and details of current work in hand and other contractual commitments, indicating areas and clients are to be submitted along with the techno-commercial bid, in support of the experience, laid down at para B1.2.1[a] above."

3. We have heard Mr. R.C. Jani appearing for R.C. Jani & Associates, learned counsel for the petitioner.

4. From the perusal of the eligibility and experience criteria required of the bidders, it is clear that the bidders were required to have minimum two years' experience of operation and maintenance of drilling rigs during the last five years. Learned counsel for the petitioner admits that the petitioner has no experience of two years, however, he has wrongly filled in the tender document by confirming that he has requisite experience of two years, which is a false statement made by the petitioner in the bid matrix. Learned counsel for the petitioner then placed reliance upon para 2.2 of the eligibility and experience criteria of the bidders which is extracted above and urged that the petitioner was in collaboration with Punj Lloyd Upstream Ltd. From the bid matrix filed by the petitioner, nowhere it is mentioned in the petitioner's tender document that he has entered into collaboration with Punj Lloyd Upstream Ltd. In all the columns, he has mentioned, "confirmed", which was a wrong statement of fact. Therefore, technical bid of the petitioner was not opened by the respondents as he was not technically qualified. The bid of other person was accepted and thereafter, commercial bids have been opened and the respondents are proceeding to award the contract as alleged by the petitioner.

5. We do not find that the petitioner is eligible as per the terms and conditions of the tender notice. Hence, the writ-petition fails and is accordingly dismissed.