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7. Learned counsel submitted that the RFP involves procurement of a diverse set of twelve pharmaceutical and surgical products and no single manufacturer could reasonably be expected to produce all items in-house.

8. Learned counsel submitted that the impugned conditions are unjustified, especially considering that the items required in the kits - including medicines such as Paracetamol Tablets and Syrup, Zinc Tablets, ORS, and eye ointments are general items abundantly available in the market. The petitioner, being a licensed manufacturer of pharmaceutical drugs, holds valid manufacturing licenses under the Drugs and Cosmetics Act, 1940. Despite this, the firm is disqualified under the tender solely because it does not manufacture four out of the seven specified items. Learned counsel submitted such exclusion unduly narrows competition and creates an unequal playing field to the NEUTRAL CITATION NO. 2025:MPHC-IND:11570 detriment of public interest.

18. The tender has been floated by the respondents for the procurement of 97329 medicine kits at the price of Rs. 1,500/- per kit. The specifications of medicine kits and their total quantity are as under:-

NEUTRAL CITATION NO. 2025:MPHC-IND:11570 * Specifications of Medicine Kit - 97329 (Total Quantity) S. No Name of Drug Packing Quantity 1 Paracetamol Tab. IP 500 Mg. 10x10 Aluminum foil 40 strips strips/ blisters with Aluminum foil back, in cartoon

2. Paracetamol Syrup in IP 125 mg. 60 ml. Bottle 4 bottles

3. Zinc Tablet 20 mg DT 10x10 Aluminum foil 10 Strip strips/ blisters with Aluminum foil back

4. Chloramphenicol eye ointment IP Applicaps in Amber 1 bottle 1@w/w (soft geletine eye coloured glass bottle applicaps)

11. Toilet Soap Liquid Conforming to Packed with the 4 bottles IS standard IS 4199.2001 (with dispensing system upto date amendments)

12. Hand Sanitizer Isopropyl Packed in Hip top 4 bottles Rubbing alcohol IP Isopropyl plastic bottle alcohol IP 70% v/v

19. It is clear from the aforesaid list, that items like Paracetamol, Zinc, Eye ointment, ORS, Cotton wool, Bandage, Toilet Soap Hand Sanitizer etc are easily available in the drug shops in the local market area. It is like a First Aid Kit to be kept in an Anganwadi Center for giving immediate medical treatment by the Anganwadi workers or the NEUTRAL CITATION NO. 2025:MPHC-IND:11570 Assistants. It is also an admitted position that there can't be one manufacturer who manufactures all these twelve items. According to the respondents, the distributor, agent are being debarred from participating in this tender in order to reduce the price of the medicine kit by cutting the commission, and percentage of the distributor and supplier or agent. However the method of evaluation is L-1-based evaluation, therefore, even the distributor, supplier or agent can quote the lowest rates. If OEMs are permitted to participate in the tender, then small traders, distributors and MSMEs could be debarred from participating in the tender process. The department of MSME, Bhopal vide its letter dated 13.01.2023 has circulated M.P. Store Purchase and Service Procurement Rules, 2015 framed for the purchase of regular items by various government departments. In these Rules, there is a specific provision for the participation and encouragement of MSME enterprises in government supply. If the value of purchase items and services is more than 2.5 lacs, then it is mandatory to follow the E-tendering process and GEM. MSMEs and Startup have been exempted from payment of earnest money, therefore, conditions No.7 and 8 are detrimental to the interest of MSME enterprises.