Tender compliance and quoted terms govern allotment; non-conforming bid justified refusal to disturb the award.

The Orissa HC declined to interfere with a tender allotment where the successful bidder was challenged for non-compliance with tender conditions. The tender notice required the quoted amount to be inclusive of taxes, fees, transportation, installation and delivery charges, with delivery at GP points. The petitioner's quotation did not properly reflect these stipulations and was found deficient on material aspects, including rate ascertainment and conformity with the quoted terms. On that basis, the Court found no illegality or irregularity in the tendering authority's action and upheld the allotment.

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Issues: Whether the allotment made in favour of the successful bidder was liable to be interfered with in writ jurisdiction on the ground that the petitioner had not satisfied the tender conditions.

Analysis: The tender notice required the quoted amount to be inclusive of all taxes and fees, including transportation, installation and delivery charges, with delivery at GP points. The quotation submitted by the petitioner did not conform to these requirements, as it did not properly account for the tender stipulations and was found wanting on material aspects noted by the tender committee, including ascertainment of the rate and compliance with the quoted terms and conditions.

Conclusion: The Court found no illegality or irregularity in the action of the tendering authority and declined to interfere with the allotment.

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