JUDGMENT

M. M. DAS, J. : The project Director, Orissa Health Systems Development Project, Published a tender call notice in different newspapers under the nomenclature “INVITATION FOR BIDS”, Interna¬tional Competitive Bidding, inviting tenders in sealed cover for supply of X-Ray machines of different specification and other medical equipments/machines form eligible bidders. For conven¬ience the said tender call notice is extracted hereunder.

“Government of Orissa,

Orissa Health Systems Development Project, Behind Capital Hospi¬tal, Unit-6, Bhubaneswar-751001, India Supply of X-Ray Machines and

Medical Equipment

Credit No. ITF-041 IN

IFB No. : OHSDP/ICB/03 Ist SEPTEMBER 2003

INVITATION FOR BIDS

INTERNATIONAL COMPETITIVE BIDDING

1. The Government of Orissa has received a credit form the interim Trust Fund (ITF) administered by international Develop¬ment association in various Currencies towards the cost of Orissa Health Systems Development Project and it is intended that part of the proceeds of this credit will be applied to eligible pay¬ments under the contracts for which this Invitation for Bids is issued.

2. The Project Director, Orissa Health Systems Development Project now invites sealed bids form eligible bidders for the supply of goods and related services as listed below :

Sl. No. Item Description Quantity Bid Security (Rs)

1. X-Ray machines, 300m A 30 4,00,000/-

2. X-Ray machines, 100mA 62 3,50,000/-

3. X-Ray Machines, 60mA 30 1,00,000/-

4. X-Ray machines, Dental 32 75,000/-

5. Ultra Sound Scanners 30 4,50,000/-

6. Computerised Treadmills 5 1,25,000/-

7. Cystoscopes 32 3,00,000/-

8. Semi Auto Analysers 32 1,75,000/-

9. QBC Machines 22 2,00,000/-

(Hematoparasite Systems) Detection

3. Bidding will be conducted through the international com¬petitive building procedures specified in the World Bank’s Guide¬lines: Procurement under IBRD Loans and IDA Credits, and is open to bidders form all countries as defined in the Guidelines.

4. Interested eligible bidders may obtain further informa¬tion form the Deputy General Manager (Procurement), ELMARC Limit¬ed, Bhubaneswar and inspect the bidding documents at the address given below form 10.30 A.M. 4.30 P.M.

5. A complete set of bidding documents in English may be purchased form 04th September 2003 to 22nd October 2003 by inter¬ested bidders on the submission of a written application to the address below and upon payment of a nonrefundable fee of Rs.4000/- (for domestic bidders) or US $ 100 (for overseas bid¬ders) in the form of Demand draft/Cashier’s cheque/certified cheque in favour of ELMARC Limited payable at Bhubaneswar, India. Bidding documents requested by mail will be dispatched by regis¬tered/speed post/courier on payment of an extra amount of Rupees 500 (for domestic bidders) and US $ 50 (for overseas bidders). No liability will be accepted for loss or late delivery.

6. All bids must be accompanied by a bid security in the currency of the bid or US Dollars or in Indian Rupees equivalent to the Indian Rupees value specified at Clause 2 above/Section VI-Schedule of Requirements of the bidding document and must be delivered at the address given below on/or before 15.00 hrs (IST) on 23rd October 2003. Bides will be opened at 15.15 hrs on 23rd October 2003, in the presence of the bidders or their representa¬tives who chose to attend on the specified date and time at the office of the ELMARC Ltd. at the address given below :

Deputy General Manager (Procurement),

ELMARC Ltd., 201-202, Mancheswar Industrial Estate, Bhubaneswar-751010, Orissa, India

Phone : 91-674-2583689, Fax : 91-674-2550779

Project Director,

Orissa Health Systems Development Project”

2. Pursuant to the said tender call notice, the petition¬er, opp.party No.4 and four others after purchasing the tender papers submitted their bids for supply of 30 numbers of X-Ray machines of 300m-A. It is the admitted case of the parties that out of the six bidders, four were treated as non-respo