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Showing contexts for: standard code in Page No.# 1/35 vs The State Of Assam And 5 Ors on 4 February, 2025Matching Fragments
19. It was mentioned in the affidavit-in-opposition that the request made by the bidders during the specified 4 (four) days w.e.f. 13.02.2024 to 16.02.2024 when the e-Tender window was open as per the norm seeking change of the product testing certification criteria from ISO-17025 approved laboratories to WHO- PQS prequalified with valid PQS Code was accepted and the product compliance was amended from ISO-17025 to WHO-PQS pre qualified with valid PQS Code standard for ILR and uploaded under the remark column. It was mentioned that the requirement of the WHO-PQS certification for refrigerator became mandatory after the amendment. All the bidders thereafter submitted the bids online including the petitioner. It was further mentioned that the petitioner's representation dated 08.03.2024 was considered which dealt with reverting the WHO-PQS E003 Code to optional again wherein the party had claimed their product compliant to this standard. It was also mentioned that later on it was found that in the WHO-PQS website, the quoted product of Rockwell Industries Ltd. was not enlisted with a valid WHO-PQS Code. Further to that, letters were issued on 11.03.2024 to the other 3(three) technically responsive bidders namely M/S Bio Care Associates, M/S. Raja Enterprise and Sunrise Trader by seeking their consent to modify WHO-PQS E003 Code from mandatory to optional again. These 3 (three) bidders had Manufacturer's Authorization Certificate from Tata Voltas Limited to take part in the bidding Page No.# 10/35 process with a valid WHO-PQS E003 Code and these 3 (three) bidders gave consent to alter the WHO-PQS E003 Code to optional again. On the basis thereof, the Tender Committee decided to re-evaluate the technical bid on the basis of the representation received from the petitioner and the 3 (three) consent letters received from the other 3 (three) responsive bidders. The Respondents further stated that it was decided that the technical specification of a mandatory WHO-PQS E003 Code would be made optional in order to have a wider participation. However, to do so, the Tender Committee faced a difficulty as the Technical Bids were already opened and therefore no information could be uploaded in the GeM portal, thereby changing the previous WHO-PQS E003 Code mandatory to optional. Further to that, it was also mentioned that as per the basic tender rule after opening of the technical bid, no modification/alteration is allowed in any of the terms and conditions of the tender regarding requisite qualifying specifications.
40. It is further apparent from a perusal of the affidavit-in-opposition filed by the Respondents that during the period from 13.02.2024 to 16.02.2024 certain requests were made by the prospective bidders stating inter alia that there are no standards mentioned for test certificates for ISO-17025 and therefore requested to revise this as WHO-PQS pre qualified with valid PQS Code. It was further mentioned in the request that in view of ambiguity for not having standards for the products as only ISO-17025 approved laboratory certificates are required, it would lead to local manufacturers participating by taking advantage of the unclear specifications which in turn would hamper the performance and safety of the vaccines. It was also mentioned in the said Page No.# 23/35 requests that the States of Haryana, Chhattisgarh and Tamil Nadu have clearly mentioned to be tested and certified as per WHO-PQS standards with a valid PQS Code. On the basis of such requests being made, a remark was made in the GeM portal to the effect that the product compliance modified to WHO-PQS pre qualified with valid PQS Code standards for ILR.
50. In view of the above, this Court determines the First Point for determination holding inter alia that there was no modification to the Criteria for Page No.# 30/35 certification on the basis of inserting in the remark column on 02.03.2024 that the certification required "product compliance is modified to WHO-PQS prequalified with valid PQS Code standards for ILR." In other words, the original terms of certification as published in the Original Bid Document i.e. the Product Tested Certificate at ISO-17025 approved laboratories / WHO PQS Code continued to hold the field. This aspect of the matter is also apparent from the understanding of the Technical Tender Committee who held on 11.03.2024 that the certification criteria of the Product Tested Certificate at ISO-17025 approved laboratories / WHO PQS Code as optional and on the basis of such understanding proceeded to hold that the Petitioner's bid was technically responsive along with three others.
In view of the above, this Court is of the opinion that there is no bar on the part of the Petitioner to challenge the impugned actions in view of paragraph 4 of Clause 5(1) of the Specific Additional Terms and Conditions of the Notice Inviting Tender.
FOURTH POINT FOR DETERMINATION
58. This Court disposes of the Writ Petition with the following observations and directions:
Page No.# 35/35 (A). There was no modification to the Criteria for certification on the basis of inserting in the remark column on 02.03.2024 that the certification required "product compliance is modified to WHO-PQS prequalified with valid PQS Code standards for ILR." In other words, the original terms of certification as published in the Original Bid Document i.e. the Product Tested Certificate at ISO-17025 approved laboratories / WHO PQS Code continued to hold the field.