HIMEDIA LABORATORIES PVT. LTD. Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Denial of participation in the tender floated by the 2nd Respondent for supply of RNA Extraction TEST KIT (Automatic) for COVID-19, declaring the Petitioner ineligible/'not recommended', without even testing the sample produced by the Petitioner in the alleged attempt to extend undue favours and have the contract awarded to the 3rd Respondent, made the Petitioner to approach this Court. The prayer is for getting the sample kits submitted by the Petitioner evaluated by any independent expert body and if found compatible, to have the price bid opened and acted upon.

(2.) According to the Petitioner, it is having operation on a global basis and is stated as one of the top brands ('HiMedia') in microbiology in the world, having highly qualified professionals and technologists. It is stated that the Petitioner has been supplying their product to various States/State Medical Corporations in Kerala, Karnataka, Rajasthan, West Bengal etc. during the COVID-19 pandemic period.

(3.) The 2nd Respondent issued Annexure-P/1 tender dated 11.11.2020, inviting competitive bids from eligible entities to supply the RNA Extraction Kits to be used in the particular machine/device specified therein; subject to the terms and conditions including that the participants had to produce a 'Proprietary Certificate' as well. The last date for submitting the bid was '20.11.2020'; which was a '3 cover system', where Cover-A consisted of EMD and Tender Fee and Pre-qualification; Cover-B consisted of Technical Bid and Cover-C consisted of Price Bid. The Petitioner submitted the bid and is stated as qualified in respect of Cover- A as revealed from Annexure-P/5 dated 24.11.2020. The Petitioner also submitted the sample kit for testing purpose on the previous day as per Annexure-P/6. It is pointed out that, much before the last date for submitting the tender, since the bid condition was stated as tactically designed to favour a single bidder and oust any competition without providing level playing field, Annexure-P/2 representation was preferred on 18.11.2020 before the Purchase Committee to effect some changes to have an open tender for RNA Extraction Prefilled Kit compatible with Purifier 96 Automated Nucleic Acid Extraction System (Make - Genetix, Model GXHT101-96) and also to review the condition insisting for Proprietary Certificate as provided in Annexure-II. It was also pointed out that, the tender was supposedly open for competitive bid and that the RNA Extraction Kit manufactured by the Petitioner was very much compatible with the machine manufactured and supplied by the 3rd Respondent/Genetix Biotech Asia Pvt. Ltd., which machine itself was proclaimed to be an open system, compatible with Kits being manufactured by various Companies as disclosed from Annexure-P/3 brochure issued by the 3rd Respondent.