Summary
The vaccine bulk-drug tender process was vitiated by failure to open bids transparently under the applicable CVC guidelines. Nirlac nevertheless lacked technical qualification because it did not meet the business-generation condition. The Court moulded interim supply relief for public-health needs and permitted Haffkine itself to conduct a clear, fresh e-tender.
Issues
- Whether non-compliant public opening invalidated the tender process.
- Whether Nirlac qualified for award and what supply relief was appropriate.
Held
- Applicable CVC requirements demanded opening before the bidders’ representatives present. No record established compliant opening of Bionet’s bid. Opening a technical bid without showing its documents also defeated meaningful scrutiny; the violation vitiated the process. (¶ 8–10)
- Condition j required generating business for sale of at least 70 million finished doses, not merely supplying bulk material. Nirlac did not satisfy it, so invalidity of the award to Bionet did not entitle Nirlac to the tender. (¶ 12–18)
- For immediate public-health needs the Court nevertheless directed purchase from Nirlac at its quoted price of bulk sufficient for 120 million doses, barred further purchases under the disputed Bionet contract and preserved the confirmed 66-million-dose finished-product purchase by Bionet. (¶ 19–20)
- Haffkine, a separate entity, could float the fresh tender itself. It had to be an e-tender with clear duration, approximate quantities and, if applicable, the finished-product purchase rate under any buyback or business-generation clause. (¶ 21)
Result
Appeals disposed of with the tailored supply directions, restraint on further Bionet-contract bulk purchases and permission for Haffkine to issue a fresh, unambiguous e-tender. Nirlac’s claim to the original tender rejected.