PRENIT WORLD LLP Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by the rejection of its bid by the second respondent, a public sector agency of Union of India, for supply, installation, operation and trial running of 114 Modular Operation Theatres (MOTs) in 17 specified medical colleges/institutions getting upgraded to super specialties under PMSSY Phase-III (hereafter "NIT"). A declaration is also sought that the petitioner's bid ought to be declared compliant with the conditions contained in the NIT.

(2.) The petitioner, a Limited Liability Partnership, is engaged in the business of modular operation theatres, medical gas pipelines systems, medical equipment etc. The second respondent (hereafter "HLL Infra") is a subsidiary of HLL Lifecare Ltd, a Central Government enterprise. The NIT by Tender Enquiry published on 25.03.2017 by HLL Infra, invited sealed tenders from eligible and qualified tenderers for supply, installation, commission and trial running of Modular Operation Theatre (MOT) in certain specified medical colleges/institutions getting upgraded to super- specialties under PMSSY Phase-III. The closing date and time for submission of the said Tender through E-Portal was 26.04.2017 at 06.00 PM and closing date and time for submission of the Tender Processing Fee and Earnest Money Deposit in physical form was 27.04.2017 at 02.00 PM. The tender enquiry underwent three amendments, on 06.04.2017, 12.04.2017 and 20.04.2017. The petitioner lodged its bid on 26.04.2017.

(3.) The petitioner received a letter dated 01.05.2017 from the Vice- President, Bio Medical, HLL Infra seeking certain clarifications for which the deadline given was 04.05.2017 up to 05.00 PM. The petitioner states that it duly submitted the said clarifications, to the complete satisfaction of HLL Infra on 04.05.2017, within the prescribed time limit. The petitioner received a second request for technical clarifications from one Mr. Prabhakar, representative of HLL Infra, by telephone on 06.05.2017 whereby its representative was asked to submit the said clarifications by 08.05.2017. It is stated that the necessary clarifications were submitted on 08.05.2017. One of the clarifications related to the authorization of M/s. Heal Force Bio Meditech Holdings Ltd (hereafter "Heal Force"). The petitioner says that it advised Heal Force to send clarifications directly to HLL Infra with regard to the capacity and authorization of Mr. Bill Shum to sign the aforesaid certificates on behalf of the concerned group companies.