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4.3. It is submitted that comparing the price bid quoted by the petitioner and the opposite party No.5, the latter is the L-1 and, thereby the Indian Oil Corporation Limited has not shown any favouritism inasmuch as it has correctly evaluated in terms of Notice Inviting GeM Tender vide Clause 10-- "Pre-qualification Criteria (PQC)", i.e., "the intending tenderers shall have to furnish proof of their pre-qualification and experience along with the Part-I (Techno-commercial bid)". This Notice Inviting GeM Tender does not comprehend the fulfillment of General Terms and Conditions on GeM 4.0 (Version 1.5), dated 09.10.2022, whereby it is one of the requirements to have BIS Licence.

9.9. So understood, it is but natural corollary to have regard to not only Clause 10 of Notice Inviting GeM Tender, but also the General Terms and Conditions on GeM, dated 09.10.2022. Besides compliance of Pre-Qualification Criteria mentioned in Clause 10 of Notice Inviting GeM Tender, the General Terms and Conditions on GeM requires the following conditions to be fulfilled:

"3. Role, Responsibility and Obligations of seller/buyer:

9.11. This Court is inclined to accede to the contention of the petitioner that these conditions are to be strictly adhered to while considering the bids of the participants. Since admittedly there is absence of BIS certification with regard to packaged drinking water qua the opposite party No.5, mere entering into agreement with M/s.

Nilakantheswar Food Products for supply of such product would not clothe the sanctity of terms and conditions attached to the Notice Inviting GeM Tender. As the opposite party Nos.2 to 4 have floated tender by adopting modalities of GeM portal and the petitioner as well as the opposite party No.5 participated in the tender process knowing fully well that it is titled "Notice Inviting GeM Tender". Now, the opposite parties cannot wriggle out by denying adherence to the conditions attached to purchases made from GeM portal.

10.6. It may not be out of place to remind here that the intention of the author who floated the tender is presumed to be aware of various facts and circumstances and relevant and related requirement of law. To put it this way, it is Indian Oil Corporation Limited which floated the tender via GeM. This itself is presumptive of the fact that the parties are well aware of the General Terms and Conditions on GeM, dated 09.10.2022, which requires seller/service provider to have BIS/ISI Licence with Food Safety Certification under the Food Safety and Standards (Prohibition And Restrictions on Sales) Regulations, 2011. Therefore, the intention of the author is to be culled out on harmonious construction of these documents. Such an understanding makes the reading of documents like Notice Inviting GeM Tender being Tender No.PDO1C22234 with Bid No.GEM/2022/ B/2762179 and the General Terms and Conditions on GeM 4.0 consistent whole and eschews inconsistency between these two documents.