TMI Blog2001 (9) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... in their respective tenders thereto are set out below : "DETAILS OF ITEMS OFFERED : Sl. No. See/ Part Description Specification DOQ Qty. Price 1. 321F/ Foam Liquid Aqueous Film Forming Type 6 (Normal) for fire fighting in 20 lts. Containers DS CAT No. 1240-000802 IND/COAFE/PFOV/0013(C) 1999 Ltr. 101,220 * Unit price should be exclusive of all Government duties, Govt. Duties/taxes etc. should be specified giving the current rate applicable, Packing Forwarding charges, if any are to be included in the Unit Price. Price should be quoted on for destination basis. (a) is Customs Duty Exemption Certificate (CDE) required Yes/No. Petitioner's bid Price ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The petitioner submits that the figure of Rs. 6,85,134/- was quoted only in response to the clause in the tender and could not be construed to be a part of the petitioner's price bid. Mr. G.L. Sanghi, the learned Counsel for the petitioner further submitted that unlike the petitioner, the respondent also did not have adequate capacity to meet the requirement of the tender which was for the immediate delivery of about one lakh litres as at the relevant time the Respondent No. 5's capacity was only 10,000 litres per month. 4. Mr. Maninder Singh appearing for Respondents 1 to 4 submitted that the petitioner's tender clearly had stated the value of the CDE to be Rs. 6,85,134/- and the view taken by the Respondent No. 3 could not be termed as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te, the NIT cannot be construed to mean that the capacity of the tenderer was required to be one lakh litres. If this was so it would have been clearly stated in the tender. No condition can be inferred by implication to be a part of the tender condition. Accordingly this plea of the petitioner qua capacity of Respondent No. 4 has no merits and is rejected. Accordingly I am not considering the plea of the Respondent No. 4 that it has in fact the requisite capacity though the petitioner pleads to the contrary. 6. On the plea of the construction of the price bid, the petitioner's bid in response to the clause regarding CDE is not unambiguous and clearly capable of two constructions. The petitioner's plea may have had some substance if it ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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