MOHAMMAD RAFIQ,J. - (1.) This writ petition has been filed by petitioner M/s. Vivek Pharmachem (India) Limited, a company incorporated under the Companies Act, 1956, through its Director Mr. Navdeep Gupta, assailing order dated 30.05.2016 by which the bid submitted by it in response to the tender notice dated 01.01.2016, for award of a two year rate contract cum supply and empanelment of drugs and medicines ending on 31.03.2018, was declared non-responsive, and also the order dated 30.06.2016 passed by the first appellate authority rejecting the appeal there-against and the order dated 14/21.07.2016 passed by the second appellate authority, upholding decisions of the competent authority and the first appellate authority. Prayer has also been made to quash and set aside the notice to all concerned responsive bidders for rate match dated 21.07.2016 and to declare the price bid submitted by the petitioner to be responsive and to direct that in case its bid is found to be lowest, the contract be awarded to it.
(2.) The Rajasthan Medical Service Corporation Limited (for short, 'the RMSCL') floated a tender/ebid contract on 01.01.2016 for two year rate contract cum supply and empanelment of drugs and medicines ending on 31.03.2018. Petitioner submitted its bid in response to the said tender notice along-with prescribed bid fee. The respondents, while technically evaluating the bid submitted by the petitioner, issued a letter dated 10.05.2016, seeking its clarification regarding (i) Performance Statement Undertaking not submitted; (ii) WHO-GMP (World Health Organization - Good Manufacturing Practices) not valid on bid opening date. The petitioner was required to submit its response between 4 :00 PM on 11.05.2016 and 11 :00 AM on 16.05.2016, failing which the bid would be treated as non-responsive. On receipt of the said letter, the petitioner replied to the respondent no.2 vide letter dated 16.05.2016. According to the petitioner, it enclosed therewith the (i) performance statement undertaking, and (ii) WHO-GMP certificate, but the respondent no.2 on 24.05.2016 issued tentative list of bidders declared responsive/non-responsive and required the affected parties to submit their objections with further stipulation that if no objection is received till 26.05.2016, the said list would be treated as final. Name of the petitioner was indicated in the list at serial no.120 amongst those whose bid was declared non-responsive and the reason that was cited was that it submitted WHO-GMP certificate issued after the bid opening date i.e. 16.05.2016 and previous certificate expired on 30.06.2010 and thus both certificates are not in continuation. The petitioner then sent detailed representation on 26.05.2016 raising its objection to the tentative list dated 24.05.2016, seeking an opportunity of personal hearing. However, the respondents not accepting the objections raised by the petitioner, issued final list of bidders, whose bid was declared responsive/non-responsive, on 30.05.2016, wherein name of the petitioner has been shown at serial no.120 with its bid being declared as nonresponsive on the same premise as indicated above.
(3.) Aggrieved thereby, the petitioner earlier approached this court by filing S.B. Civil Writ Petition No.7523 of 2016 - M/s. Vivek Pharmachem (India) Limited v. Managing Director, Rajasthan Medical Service Corporation Limited and Others, which was decided by this court vide order dated 03.06.2016 after hearing both the parties. This court required the petitioner to file an appeal under Section 38 of the Rajasthan Transparency in Public Procurement Act, 2012, and the same was directed to be decided within seven days. This court further directed that in the event the stay application filed along-with the appeal be addressed within two days of its filing. The appeal filed by the petitioner, however, was dismissed by the first appellate authority vide order dated 30.06.2016. Thereafter the petitioner filed second appeal, which too was dismissed by order dated 14.07.2016.;