IFP PETRO PRODUCTS (PVT. ) LTD. Vs. CHIEF ENGINEER, MECHANICAL - THERMAL STATION & GAS TURBINE SCHEMES, TAMIL NADU POWER GENERATION CORPORATION LIMITED

JUDGEMENT

(1.) This writ petition is filed for a certiorarified mandamus to call for the records of the respondent concerning the tender for the supply of Light Diesel Oil (LDO) to the Udangudi Super Critical Thermal Power Project Stage I (2 x 660 MW) of Tamil Nadu Power Generation Corporation Limited, referenced as No.C/MTS/002/24-25, in relation to the impugned order dtd. 16/12/2024. It seeks to quash the order and consequently direct the respondent to reevaluate the tender bids submitted, strictly in accordance with the specifications provided in the tender.

(2.) The factual matrix in which the Writ Petition arises is that the respondent published a notice through the e-procurement portal, inviting tenders for the supply of LDO on 28/8/2024. The tender included a two-part evaluation process: Part I involved the opening of the Techno-commercial bid (Cover A), and Part II involved the opening of the price bid (Cover B). According to the specifications, only the price bids of the qualified and eligible bidders would be opened in Part II after evaluating the technical bids. The petitioner submitted its bid on 12/9/2024. After the submission process was completed, the technical bids were opened on 16/12/2024, and the results were uploaded to the portal following scrutiny. The petitioner's bid was rejected. As no reasons were provided on the portal, the petitioner sent a communication on 16/12/2024 expressing disappointment and disagreement over the rejection, and sought clarification. In that representation, the petitioner asserted that it met the bid qualification requirements of the tender. The petitioner requested the respondent to postpone the financial bid until the queries raised by them were addressed. In response to this representation, the respondent replied on 19/12/2024. The reply stated that the documents submitted by the petitioner were not deemed a proper license for manufacturing. Furthermore, it was noted that the petitioner did not provide vendor ratings concerning the satisfactory execution of the purchase order with a minimum quantity of 500 KL supplied to Bharat Heavy Electricals Limited. The license granted by the Director of Industries and Commerce under the provisions of the Lubricating Oil and Greases (Processing, Supply and Distribution Regulations) Order, 1987 , cannot be considered as proof. Additionally, other reasons were mentioned in the order.

(3.) The petitioner asserts that, in evaluating the technical bid, the Bid Quality Requirements (BQR) are the relevant factors. There are only three conditions for a bidder to qualify: (i) The bidder must be a manufacturer or supplier of LDO; the manufacturer / supplier should provide a scanned copy of the registration certificate if the bidder is not a PSU, (ii) The bidder must have supplied a minimum total of 500 KL of LDO in one year to any of the following organizations: TANGEDCO (TNEB), other SEBs, PSUs, or private power utilities during any one of the last ten financial years, and (iii) The bidder's annual turnover must exceed Rs.8.00 Crores for all three financial years, specifically 2019 20, 2020 21, and 2021 22.