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SANJEEV NARULA, J. (Oral):

1. The Petitioner, a pharmaceutical company with expertise in addiction treatment and pain management through a broad spectrum of products, participated in a tender floated by Respondent No. 1, the Central Medical Services Society ("CMSS"), an autonomous body operating under the aegis of Ministry of Health and Family Welfare, Government of India. However, CMSS rejected the bid as technically non-responsive. This decision was predicated on the Petitioner's failure to submit crucial documents i.e., a valid Certificate of Pharmaceutical Product ("COPP"), which is awarded under World Health Organization-Good Manufacturing Practices ("WHO-GMP") certification scheme, and a corresponding WHO-GMP Certificate. Aggrieved by this adverse decision, the Petitioner has filed the present writ petition impugning their disqualification, seeking revocation of the award of work pertaining to the tender in-question, and consequently, a fresh evaluation of the bids.

2.4. CMSS opened the technical bids on 25th April, 2023. Upon review of the documents submitted, CMSS called for certain clarifications, which the Petitioner promptly provided. Notably, at this juncture, no questions or discrepancies were raised in respect of Petitioner's COPP/ WHO-GMP Certificate. However, later on 19th May, 2023, CMSS sought additional clarifications regarding Petitioner's technical bid, with the following remarks:

Hence, the bid of M/s Rusan Pharma Ltd. Will not be considered."

2.6. Petitioner reached out to CMSS to contest the disqualification. However, CMSS opened the price bid on 10th July, 2023, whereupon Respondent No. 3, Concern Pharma Limited and Respondent No. 4, Verve Human Care Laboratories, emerged as the lowest bidders. Persisting for reconsideration, the Petitioner dispatched written representations to 13th July, 2023 and again on 20th July, 2023, to CMSS emphasizing a potential misinterpretation of the WHO-GMP/ COPP certification scheme by the CMSS.

7. The Petitioner has failed to convincingly demonstrate that the certificates' validity should commence from their expiration on 12th April, 2023, instead of the date mentioned in the Extension Letter, which is 06 th May, 2023. As such, this argument cannot be upheld. In our opinion, furnishing a valid COPP and WHO-GMP Certificate is an essential requirement as specified in the "Eligibility Criteria" itself - in Clauses 4(b) and Clause 6.2(y) of the Tender. Thus, the absence of valid certificates is surely not a minor procedural lapse. The WHO-GMP Certificate validates that a manufacturing facility meets the standards set down by the WHO. The COPP is provided for a manufacturing facility for a specific product under the WHO-GMP certification scheme itself, after thorough inspections. Both certifications act as essential benchmarks ensuring the quality and safety of pharmaceutical products procured by the CMSS. Given CMSS's role in sourcing quality health products for public consumption, the absence of valid certifications raises significant concerns about quality assurance. CMSS' strict adherence to this stipulation aligns with public interest and is thus, neither unreasonable nor arbitrary.