M/S Agam Pharmaceuticals vs. State Of Orissa
Held
The Court held that the decision of the Tender Evaluation Committee was not required to be interfered with, as the petitioner had not complied with the tender qualifications. The Court found no illegality in rejecting the petitioner's technical bid. While the petitioner raised an objection regarding another party (opposite party no.4), which was accepted by the Corporation, the Court noted that the petitioner was not making submissions against that party at that stage. The Court also observed that only one tender was left after the petitioner's rejection, and therefore, the tender might need to be cancelled due to a single responsive bid. The Court stated that it would be open for the opposite parties to take a decision in this regard and saw no reason to interfere. The interim order was vacated, and the writ petition was disposed of.
Facts
The petitioner filed a writ petition challenging their disqualification from a tender for the supply of Mother and Baby Kits. The Tender Evaluation Committee (TEC) rejected the petitioner's bid, citing non-compliance with tender Clauses 5.2.2 and 5.2.7. The petitioner argued that the rejection was arbitrary and based on a non-speaking order. The tender document stipulated pre-qualification criteria including average annual turnover, experience in supply of similar kits, and proof of supply of 25% of the required quantity. The petitioner submitted an annual turnover statement and tender conditions were discussed, including amendments made during a pre-bid meeting. The opposite parties contended that the petitioner had not complied with Clause 5.2.7.
Key Issues
1. Whether the rejection of the petitioner's technical bid was arbitrary and based on a non-speaking order, violating principles of natural justice, in relation to tender Clauses 5.2.2 and 5.2.7? Petitioner's arguments: The petitioner contended that the Tender Evaluation Committee's decision to reject their bid was arbitrary, lacking application of mind, and was a non-speaking order. They argued that the rejection, stated as 'non-compliance as per tender Clause-5.2.2 and 5.2.7', was ambiguous and did not provide a clear reason for disqualification. They relied on the tender conditions and their submitted annual turnover statement to demonstrate compliance. Revenue/State's arguments: The opposite parties supported the Tender Evaluation Committee's decision, asserting that the petitioner had admittedly not complied with the requirements of Clause 5.2.7 of the tender document, which mandated adherence to Format-T8.
Sections Cited
Section 5.2.2, Section 5.2.7
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28.02.2019
Heard learned counsel for the parties.
By way of this writ petition, the petitioner has challenged the action of the opposite parties in disqualifying him from the tender in question pursuant to the Bid Reference No. OSMCL/2018-19/Mother & Baby KIT/02 for Supply of Mother and Baby Kit Sampurna Surkhya Kabacha (SAMMPurNA KIT).
Learned counsel for the petitioner has mainly relied upon the proceedings of the meeting of Tender Evaluation Committee held on 15.01.2019 regarding finalization of Technical Bid Evaluation after sample verification in the tender for Procurement and Supply of Mother & Baby Kit (SAMMpurNA KIT) on rate contract basis for the financial year 2018-2019 under Annexure-4, which reads as under:
“PROCEEDINGS OF THE TENDER EVALUATION COMMITTEE MEETING HELD ON 15.01.2019 AT 11.30 A.M. IN THE TENDER CONFERENCE HALL OF OSMC, BHUBANESWAR REGARDING FINALIZATION OF TECHNICAL BID EVALUATION AFTER SAMPLE VERIFICATION IN THE TENDER FOR PROCUREMENT AND SUPPLY OF MOTHER & BABY IT [SAMMPURNA KIT] ON RATE CONTRACT BASIS IN THE F.Y.-2018-19. Bid Ref.No.OSMCL/2018-19/Mother & Baby
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