Point of Law : Purpose of this EOI is to shortlist qualified Applicants as per the eligibility criteria given under para 1.2 (i.e. EOI Stage). Subsequent to the completion of the EOI process for shortlisting, the Authority shall issue RFP to the shortlisted applicants requesting them to submit a detailed proposal (financial & Technical) as per the FRP terms and conditions (i.e. RFP Stage). In the RFP stage, the most suitable Applicant shall be selected for award of contract based on the evaluation of the proposals submitted."

JUDGMENT :

The Mission Director, National Health Mission, Assam operates a scheme called “Free Adarani Pick-up and Dropback Services” in the state of Assam. A Notice inviting Expression of Interest (hereinafter referred to as “EOI”) was issued by the Mission Director, National Health Mission, Assam on 24.12.2020 for shortlisting of eligible service providers for participating in a Request for Proposal (RFP) for the process for selection for being awarded the contract for operation and management of the said services. In response to the said EOI, as many as 5 (five) bidders submitted their bids including the present petitioner and the private respondent No. 3. During the process of evaluation of bids offered, the respondent No. 3’s bid although initially was not found technically accepted, but subsequently it was also recommended for issuance of RFP alongwith other Bidders including the petitioner. The Respondent No. 3 was finally shortlisted as the L-1 Bidder. Being aggrieved, petitioner filed the writ petition being W.P.(C) No.4543/2021 challenging the decision of the National Health Mission, Assam of permitting the respondent No. 3 to submit its Request for Proposal. During the pendency of this writ petition in the course of hearing, the petitioner came to be informed that the work order for the award of the contract was issued to the respondent No. 3. Accordingly, the W.P(C) No. 4683/2021 came to be filed by the petitioner challenging the letter of intent issued. This Court vide the order dated 22.09.2021 while issuing notice had suspended the work order dated 31.08.2021 till the next returnable date. The interim order passed subsequently came to be extended on various dates. Since both the writ petitions were connected together, the matters were taken up for hearing on various dates and was finally reserved for Judgment.

2. The NHM, Assam issued a Notice inviting EOI for shortlisting of eligible applicants to participate in the RFP process for operation and management of “Free Adarani Pick-up & Dropback Services” in the State of Assam under the Janani Shishu Suraksha Karyakram (JSSK). The Services, Target Group & Coverage as specified under Clause-1.2 of the EOI indicates that the proposed services require 373 Vehicles covering all districts to be provided by the service providers. The Objectives & Goals of the Project provides inter alia for creating better transportation facility in general to reduce the vulnerability of the New Mother and infants by providing accessibility at free of cost. It would provide pick up facility for postnatal check-ups of pregnant women from their homes to their nearest hospitals and for their return back to their homes.

3. Initially the last date of submission of the EOI was 12.01.2021 upto 2 PM. Thereafter, by a Corrigendum issued for submission of EOI was extended upto 1 PM of 22.01.2021. The purpose of the EOI is provided for under Clause 3.1. As per Para 1.2 of the EOI, the Authority will shortlist the qualified applicants as per eligibility criteria given under Para 1.2. Upon completion of the said shortlisting in the EOI process, the Authority shall recommend for issuance of the Request for Proposal (hereinafter referred to as “RFP”) to the shortlisted applicants requesting them to submit detailed proposal as per the RFP terms and conditions. In the RFP stage, the most suitable applicants shall be selected for award for contract based on evaluation of proposal submitted. As per the eligibility criteria prescribed under Clause 3.2, the Authority will shortlist the applicants in the EOI process for issuance of the RFP to the shortlisted applicants.

4. On 25.01.2021, the Tender Committee meeting was held for examination of bids submitted for the EOI. Out of the Five (5) bidders, three (3) bidders were technically accepted. The three acceptable bidders are: a) M/s Ziqitza Health Care Limit