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(b) The 2nd respondent who is the State Project Director, Head of the SIS, APSS submitted a proposal for constitution of a high level Committee (for short 'Committee') to prepare, evaluate and approve the tender documents pertaining to the procurement and supply of students kits. The Government of Andhra Pradesh accordingly issued G.O.Rt.No.58, dated 06.03.2020 to constitute Committee. The Government of Andhra Pradesh has further issued a Memo No.1186027/Prog.11/A2/2021-22, dated 25.01.2021 and re-constituted the Committee to implement the project under APSSA. The APSSA is at liberty to frame its own procedure for procurement under the scheme to implement in the State. The Committee after considering the manuals and guidelines governing the sphere, has framed certain tender conditions. Whereas, the G.O.Ms.No.94 deals with the works contracts. The Committee after due deliberations derived its own procedure for procurement of school bags and issued tender notification dated 21.01.2021 and also subsequent tender notification dated 15.03.2021.

(a) Nextly, learned AAG sought to justify the two impugned eligibility conditions. In that process, referring to the eligibility condition that the bidder shall have an average annual turnover during the last three years (2017-18, 2018-19 and 2019-20) of more than Rs.100 Crores, learned AAG submitted that the said condition is not quixotic one but included with an avowed object of procuring qualitative and durable school bags from highly competitive and efficient manufacturers rather than the mediocres. He would submit that the Government, vide G.O.Rt.No.58, dated 06.03.2020 and Memo dated dated 25.01.2021, have constituted a Committee headed by Principal Secretary of School Education as Chairman and various others as Members to prepare, evaluate and approve the tender documents for procuring the school bags, shoes, uniforms, note books, text books etc., to the students from Classes-I to X studying in Government schools for the academic year 2021-22 under different tender notifications. School bags are concerned, tender notification dated 21.01.2021 was issued with an estimated contract value of about Rs.76 Crores. To see that only quality material is procured, bids are invited only from the manufacturers but not traders, marketers and brokers. Learned AAG admitted that in the first tender notification, the average annual turnover for the years 2017-18, 2018-19 and 2019-20 was fixed as Rs.30 Crores. Another important condition fixed was that the bidder firm should furnish latest solvency certificate. Since there was no clarification as to the value for which solvency certificate should be submitted, the corrigendum dated 08.02.2021 was issued stating that solvency certificate should be submitted for a minimum value of 50% of ECV. Though five bidders participated in the first tender, however, none was qualified in the technical bid and therefore the Committee in its meeting held on 24.02.2021 decided to cancel the first tender for school bags. Not only that, the Committee deliberated upon to change the categories of the students. In the first tender notification, students of classes-1 to 3 were grouped as category-I, classes 4 to 6 as category-II and classes 7 to 10 as category-III. However, having regard to the tender age of the students and their rough handling of the school bags, the Committee decided to re-categorise the students and also the sizes of the bags. Accordingly, students from class 1 to 5 were kept in category-I, students from class 6 to 7 in category-II and students from class 8 to 10 in category-III and sizes of the school bags were categorized as small, medium and large for categories I, II and III respectively. In the quality of the bags also certain changes were made. Zips and fasteners were proposed to be made with brass material. So also shoulder strips, shoulder adjustable buckle were sought to be changed with more durable material. In addition to the above, learned AAG, argued, rigorous quality control tests were sought to be introduced. Thus the Committee proposed to attach utmost importance to the quality and durability to the bags. With this avowed object, the first tender was cancelled and second tender was floated on 15.03.2021. Learned AAG further submitted that the school kits including bags were proposed to be supplied at the commencement of academic year 2021-