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(iv)Further according to the petitioner, the tender submission dates were postponed by the Procurement Agency ELCOT for two times from 06.01.2017 to 27.01.2017. Then again postponed from 27.01.2017 and finally it was called to submit the tender on 03.02.2017. The petitioner has stated that they submitted two sample laptop models with Intel Processor Intel (R) Pentium (R) CPU A1020 (Intel Processor) and the other with AMD Processor AMD PRO A4-3350B APU (AMD Processor).
(v)The petitioner has also stated that as far as the Intel Processor is concerned, the test report of the Electronics Test and Development Centre/ Lab (a Central Government Institute specified in the Tender Document) clearly showed that the said processor matched the technical specification of the Tender Document. The test report revealed that the laptop with Intel Processor had 4GB memory under two different memory channels as required under the Tender Document. In the detailed FDR (Factual Disclosure Report) enclosed in the test report, it is clear that the AMD Processor does not detect 4GB memory since it has only one memory channel.
(x)The petitioner wrote a letter to the 2nd respondent, through its counsel, pointing out the amended report issued by the Electronic Test and Development Centre (Lab) and also pointing out that as a result of the same, all the bidders with AMD PRO A4-3350B APU Processor do not qualify for the tender as the product does not meet the tender Qualifying Benchmark criteria. However, the 2nd respondent had processed the tender and finalized the bid and awarded the Letter of Acceptance to the respondents 3 & 4, declaring them to be L1 and L2 bidders. In these circumstances, the petitioner has filed the present Writ Petition.
(iii)The 3rd respondent has duly completed the supply of the laptops under the aforesaid tender and the laptops so supplied are functioning very well to the satisfaction of the users. The test report dated 23.01.2017 conducted by the Electronics Test and Development Centre (ETDC) clearly states that with regard to memory, the 3rd respondent's laptop contains 4GB memory DDR3 1600 MHz and has passed the requirement of the tender (i.e.) 4GB DDR3 SDRAM @ 1333 MHz or higher. Further, in the report, it has been clearly stated that even upon physical inspection, the 3rd respondent's laptop contained 4 GM memory. The said report also states that the 3rd respondent has satisfied the Qualifying Benchmark Bapco Sysmark 2007 overall score of minimum 120 or higher with Windows 7 Professional and 4GB memory and has successfully obtained a score of 125 on the Bapco Sysmark 2007. The said test report dated 23.01.2017 approved and issued by two Scientists of the ETDC sufficiently prove the 3rd respondent had suitably complied with all the technical specification as required. Hence, the 3rd respondent was successful in its bid and consequently, awarded the tender vide Letter of Acceptance dated 02.05.2017.
a)Standardisation, Testing and Quality Control (STQC)
b)Electronics Testing and Development Centre (ETDC)
c)Electronics Regional Testing Laboratory (ERTL)
d)Any such equivalent Testing Agencies approved by ELCOT such as IIT, Anna University.
17.Apart from the test report, one sample laptop computer should be submitted to ELCOT on or before the due date and time of opening the tender. In terms of the tender advertisement dated 01.11.2016, the prospective bidders were to submit their bids on or before 06.01.2017 before 04.00 pm at the office of the 2nd respondent. However, the tender submission dates were postponed by ELCOT for two times (i.e.) from 06.01.2017 to 27.01.2017 and again postponed from 27.01.2017 and finally it was called to submit the tender on 03.02.2017. In response to the tender, the following bidders submitted their bids: