EL-MED-IMAGINE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Jharkhand Medical and Health Infrastructure Development and Procurement Corporation Ltd. (JMHIDPCL) (hereinafter referred to in short as 'Corporation'), invited e-tender from registered and eligible manufacturers/their authorised dealers/ distributors/ authorised stockiest for Rate Contract of hospital furniture on 14.06.2016. The date of publication of NIT was 14.06.2016, Annexure-C/A- Ten bids were offered by interested bidders, which were opened on 08.07.2016, Annexure-C/A-3. Technical evaluation of bids were made by the Tender Sub Committee between 08.07.2016 to 11.07.2016, Annexure-C/A-4. Technical evaluation report of Tender Sub-Committee was approved by the Executive Committee on 107.2016, Annexure- C/A-5. Factory inspection were made on 209.2016, Annexure- C/A-6. Review of technical evaluation report of tender subcommittee was done on 29.09.2016 by Executive Committee relating to factory inspection, Annexure-C/A-7. Technical evaluation details and financial bid opening notice uploaded for information to the bidders on 26.10.2016, Annexure-C/A-8. 6 out of 10 tenderers including the petitioner were found to be technically disqualified. Financial bids were opened on 28.10.2016, Annexure- C/A-9 and uploaded on the website. Registered L-I bidders were given direction to demonstrate their approved products as per the specification on 31.10.2016, Annexure-C/A-10. Products were demonstrated by the respective bidders on 08.11.2016 and 16.11.2016, Annexure-C/A-11. Final acceptance of products of L-I bidders by the Executive Committee was done on 16.11.2016, Annexure-C/A-1 The letters of acceptance have been sent to L-I bidders, four of them, for signing of contract agreement on 15.12016, Annexure-C/A-13. The draft agreement have been received by the L-I bidders thereafter. The relevant chronology of dates supported with necessary documents is contained in the supplementary counter affidavit of the respondent-State enclosed as Annexure-C/A-2 to Annexure-C/A-14.

(3.) Petitioner approached this Court on 112.2016 being aggrieved by the decision of the Technical Evaluation Committee as reflected in communication at Annexure-4 dated 06.10.2016 where under it has been declared technically disqualified on account of the fact that the principal manufacturer of the petitioner, M/s United Surgical Industries have been blacklisted in the State of Bihar.