GUWAHATI, India, July 23 -- Gauhati High Court issued the following order on June 24:
1. Heard Mr. A Sarma, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned Standing Counsel, Health Department as well as Mr. PP Dutta, learned counsel for the respondent No. 7.
2. The petitioner has put to challenge the rejection of the petitioner's technical bid by the State respondents. The respondent No. 7 has also been declared to be the lowest bidder (L1) by the State respondents, pursuant to the NIT dated 08.01.2025 for supply of Cardiac Monitor with Defibrillator (Q2).
3. The petitioner's case is that subsequent to the opening of the technical bids on 11.02.2025, the petitioner had been sent an email dated 11.02.2025 requesting for providing the following documents:- 1. Conformity to Manufactures Certification-ISO 9001 & IS0 13485, 2. ECG monitoring- Using 5/6 lead, 3. Bidder Average Turn Over Certificate from CA (last 3 years)-2 Cr, 4. Bidder/OEM (themselves or through resellers) Past Experience (3 Year), 5. USFDA/EU/CE ISO 9001:2015, 13485:2016 Certificate, 6. Declaration for spare part availability, 7. Bidder financial standing certificate.
4. The petitioner thereafter supplied the documents as required in the clarification on 11.02.2025, i.e., on the same day itself.
5. The Technical Bid Committee thereafter held a meeting on 21.02.2025, wherein the bids of three bidders were found to be qualified and the bids of the three other bidders were found to be disqualified. The petitioner's bid was amongst those disqualified by the Technical Committee during the technical bid evaluation stage on 21.02.2025, due to the following reasons/grounds:
Table omitted can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1ObHy52V%2BRJoUNOPVTx59aKpvO610x6uackJKWvuvYs&caseno=WP(C)/1643/2025&cCode=1&cino=GAHC010061922025&state_code=6&appFlag=)
6. The petitioner thereafter submitted a representation dated 24.02.2025 to the Director of Medical Education, Assam stating that all the required documents had been submitted by the petitioner, at the time of uploading/submission of the bids and that they had also provided the clarificatory documents required. The petitioner, while submitting his representation dated 24.02.2025, had also re-submitted the following documents:-
"1. Bidder Average Annual Turnover from CA (last 3 years) 2 Cr: Enclosed.
2. Details of skilled & trained service engineers based at Assam: Enclosed.
3. Bidder's/OEM's Past Experience documents: Enclosed.
4. EU CE Certificate: Enclosed.
5. Bidders financial Standing: Enclosed. 6. Declaration on Spare Parts availability: Enclosed."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1ObHy52V%2BRJoUNOPVTx59aKpvO610x6uackJKWvuvYs&caseno=WP(C)/1643/2025&cCode=1&cino=GAHC010061922025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
