BAXALTA BIOSCIENCE INDIA PVT. LTD. Vs. THE STATE OF TELANGANA, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, HYDERABAD, REPRESENTED BY ITS PRINCIPAL SECRETARY, AND OTHERS

JUDGEMENT

(1.) Heard learned Senior Counsel, Sri Sanjeev Puri for the petitioner, learned Standing Counsel for the second respondent and Sri Vedula Venkataramana, learned Senior Counsel appearing for the third respondent.

(2.) The undisputed facts in the present case are as follows: The second respondent invited tenders bearing No.2/TS MSIDC/Medicines/2016, dated 24.05.2016 for procurement of certain generic medicines from the interested parties. The tender was issued for procurement of 859 medicines. Though the petitioner submitted its bids for three products, in the present case, we are concerned with Factor VIII. So far as Factor VIII is concerned, the petitioner and the third respondent submitted their bids. The tenders have to be submitted on eprocurement platform for a rate contract for the financial years 2016-17 and 2017-18. The various dates for the process of submission of bids are as follows: <FRM>JUDGEMENT_18_LAWS(APH)3_2017_1.html</FRM>

(3.) Annexure-7 to the tender contains the check list and it is in two parts. Part-A deals with documents to be submitted online for pre-qualification and Part-B deals with documents to be submitted offline for technical evaluation. There are 27 documents which are to be submitted under Part-A out of which documents at serial numbers 4 to 18 should be submitted in original by online and documents at serial numbers 19 to 27 should be self-attested copies bearing rubber stamp impression of firm. Apart from the above, Part-B provides for submission of original DD and all the copies of documents mentioned in serial numbers 30 to 36. The supporting documents have to be uploaded in files having size less than 1 MB. The petitioner submitted its online bid on 05.07.2016. The technical bid of the petitioner ran up to 122 pages which was broken into 18 files, less than 1 MB in size. Out of 18 documents to be uploaded, the petitioner could upload only 12 documents within the specified time, but submitted all the balance required documents through offline after the last date for submission of online bids. The valid bids, after evaluation at the prequalification stage were evaluated technically. The bid of the petitioner was also considered for technical evaluation and was rejected on 14.10.2016 for price bid evaluation on the following grounds: