Autoanalyser procurement: After HC, OSMCL now draws DPIIT scrutiny

An aggrieved domestic manufacturer Transasia Bio-Medicals Ltd had then approached the Orissa High Court as well as DPIIT.
For representational purposes
For representational purposes

BHUBANESWAR: Trouble seems to be mounting for Odisha State Medical Corporation Ltd. (OSMCL) over alleged wrongdoing in procurement of fully-automatic bio-chemistry analysers with the Central Department for Promotion of Industry and Internal Trade (DPIIT) asking it to not finalise the tender till it is disposed of by a competent authority.

The OSMCL has been facing the heat for allegedly manipulating the tender process to favour particular manufacturers while completely excluding Indian manufacturers from participation. On Monday, the Orissa High Court had also issued a stay on the finalization of tender for procurement of the autoanalysers and issued notices to the State Government, IOSMCL and CEO of Government e-Marketplace (GeM).

The Public Procurement Section of DPIIT under Union Ministry of Commerce and Industry has taken note of the alleged violations of the Public Procurement (Preference to Make In India) Order, 2017, and asked for reports from OSMCL and GeM in the connection. The reports will be taken for examination by the Standing Committee constituted under the PPP-MII Order for further action, the DPIIT has stated in a missive to the managing director of OSMCL and CEO of GeM.

The corporation had invited bids through GeM, the national public procurement portal, to purchase fully automatic bio-chemistry analysers - 9 Floor and 33 Benchtop models - on January 4.

While, it had not specified any quality certification criteria for the tender uploaded in the GeM portal, OSMCL, at a later date, incorporated additional conditions making USFDA certification mandatory for participation in the bid. Further, it published the same corrigendum on its own website without incorporating it in the GeM platform.

Following GeM’s objection, the OSMCL had added it to the portal.

As the bids were opened, none of the Indian manufacturers qualified due to the inclusion of restrictive conditions in violation of the Ministry of Health and Family Welfare guidelines.

The MoHFW has clearly stipulated that “wherever Indian quality standards are available, organizations should not insist on USFDA or CE.”

An aggrieved domestic manufacturer Transasia Bio-Medicals Ltd had then approached the Orissa High Court as well as DPIIT.

The DPIIT while taking cognizance of the complaint has observed that procurement agencies are required to certify compliance of PPP-MII Order before uploading tenders on the portal.

“Disciplinary action may be considered against erring officers where restrictive conditions against domestic manufacturers have been imposed in malafide condition,” the DPIIT has emphasised.

The department has asked OSMCL and GeM to examine the matter and take corrective action if any violation of the PPP-MII Order is observed.

“A report should be furnished urgently as the issue may be taken up for resolution by the Standing Committee."

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