BAL PHARMA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by the rejection of its technical bid made in response to tender enquiry No. 48353/DGAFMS/DG-2F/RC CELL/2011-2012/74, PVMS No. 011184, issued by the respondents for procurement of the drug INDAPAMIDE SR 1.5 Mg Tab. The petitioner is also aggrieved by, and seeks the quashing of the communication dated 17.04.2012 issued by respondent no. 3, i. e. the Officer in Charge, Rate Contract Cell, Ministry of Defence, DGAFMS, New Delhi, which contains the grounds on which the technical bid of the petitioner has been rejected in response to the aforesaid tender. The petitioner seeks a direction to the respondents that the petitioners commercial bid submitted in response to the aforesaid tender enquiry be opened and, in case the same is found to be the lowest, the contract be awarded to the petitioner.

(2.) The petitioner is engaged in the business of manufacturing and marketing of pharmaceuticals. It has been supplying pharmaceuticals to the respondent for more than a decade. The petitioner states that there has been no complaint in respect of the supplies made by it in the past.

(3.) The aforesaid tender was floated by the respondents for approximate annual draw of Rs. 3,67,11,711.40. The last date for submission of the bids was 16.12.2011 at 10:30 hrs. The bids were invited in a two bid system, which means that the tenderers were required to submit a technical bid and a commercial bid. First the technical bids were to be opened and the commercial bids of only such of the bidders were required to be opened which are found to be technically responsive/qualified.