LAWS(DLH)-2021-1-97

SIEMENS HEALTHCARE PRIVATE LIMITED Vs. DIRECTORATE GENERAL OF HEALTH SERVICES, CENTRAL PROCUREMENT AGENCY

Decided On January 19, 2021
Siemens Healthcare Private Limited Appellant
V/S
Directorate General Of Health Services, Central Procurement Agency Respondents

JUDGEMENT

(1.) The petitioner has preferred the present writ petition seeking the following reliefs:

(2.) The case of the petitioners is that the respondents initiated an e- tender process for the purpose of procuring 3 units of 1000mA Digital Flat Panel Fluoroscopy Radiography System and related services by way of a tender document bearing tender ID 2019_DHS_181723_1; Ref no: TN 19_10 1000mA DFRS Covering 1000 MA DIGITAL FLAT PANEL FLUOROSCOPY RADIOGRAPHY SYSTEM.

(3.) The petitioner no.1, an affiliate company of petitioner no.2, participated in the tender process and its technical bid was found to be in order. However, soon thereafter on 03.04.2020, the petitioner no.1 was informed that it was disqualified from the tender process, without being provided any reasons therefor. The petitioner then made several representations to the respondents requesting that the reasons for its disqualification be disclosed, which went unanswered. Finally on 29.05.2020, the petitioner received an email from the respondents - communicating the reasons for its disqualification. The said email communication reads as follows;