FAST TRACK LOGISTICS Vs. JAST TRANSPORT

JUDGEMENT

(1.) A call for bids, call for tenders or invitation to tender is a procedure for generating competing offers from different bidders looking to obtain award of business activity in work supply and service contracts. Etymologically, the word 'tender' has its beginnings from the old French 'tendere' which means 'to offer'. Historically, the name of this phrase originated from the practice of merchant ships, arriving at a port of call, posting notices describing the goods that they intend to sell or buy. This notice was usually delivered ahead of the ships by a tender - a small boat, and hence the process obtained the present terminology 'tender'.

(2.) Since the invitation to bid is made by the beneficiary or the awarder of a contract, it is essentially his or its intentions and wishes, that will gain acme importance. Generally, therefore, the literal interpretation and meanings to the various terms and conditions in the invitation to tender will obtain eminence and the courts are usually enjoined to give effect to the particular object and intention shown in the tender document rather than deviating from it. That being said, the awarder of the contract, who floats the tender, is also equally obligated not to deviate from the terms of such tender and to strictly comply with it, while making his choice through the process of tendering because what was intended by such process was to obtain the best possible bids based on the information given in such tender.

(3.) We have said the above as a preface because we are certain in our mind that while exercising jurisdiction under Article 226 of the Constitution of India, it is not within our province to examine the intentions and requirements of the tender, as if we are sitting in some kind of an appellate examination over it but only to see to it that the award of the contract is made in compliance with the terms of the tender invitation, giving strict effect to the various conditions in it, so that those persons who have made the tender, in pursuance to the notification, are not in any manner prejudiced or detrimentally affected by a unilateral change in the manner or interpretation of the terms of the tender, even by the awarder himself. Our examination is confined only to that extent and nothing more.