Bihar’s Pathology Services Tender Turns Controversial After BSHS Goof-Up

While the financial bids were being opened, representatives of the participating companies noticed varying rates quoted by Science House at different locations. Interestingly, Science House is headquartered in Bhopal

The health check-up facility in Bihar seems to be grappling with a major crisis, including many stemming from the inept administration.

Several controversies have erupted over the tenders called by the Bihar State Health Society (BSHS) for pathology services at health centers across the state. It has been to such extremes that the matter has now reached the Patna High Court.

POCT Services, the company previously providing pathological test services at all health centers in the state, has filed a petition in the Patna High Court seeking cancellation of the Society's tender.

The petitioner alleged irregularities in the entire tender process, whose terms are being overlooked ostensibly to favour a specific company.

It is noteworthy that BSHS, despite disqualifying L1 company due to inconsistent rates quoted in the tender, issued a Letter of Intent to L2 company, Hindustan Wellness.

Now, POCT Services has challenged the technical competence of Hindustan Wellness in the High Court, asserting that it does not meet the tender conditions. The hearing on the POCT Services petition (CWJC 25376/2024) is likely to be taken up after the Chhath holiday.

POCT Services states that Hindustan Wellness Private Limited (HWPL), classified as L2 in the tender evaluation process, lacks the required annual capacity of 20 lakh tests.

This capacity is a crucial requirement stipulated in Clause V, Section 2.4 of the tender document. It is quite a challenge for any company to participate further in the tender process without this mandatory capacity.

According to the eligibility criteria outlined in Bihar's financial rules, only technically qualified bidders can proceed to the financial bidding stage. POCT Services argues that HWPL's bid is non-compliant and hence ineligible to be declared as the successful bidder. Allowing such a bidder to advance in the tender process directly compromises the quality of pathology services provided to public health facilities across Bihar.

It's worth noting that reports of irregularities in the open tender conducted by the Bihar Health Department have been surfacing since October 2023. Out of the seven participating companies, six discovered discrepancies in the financial bids for pathology services submitted by Science House, the L1 firm. The financial bids, opened late, showed inconsistencies in the rates quoted by Science House at different locations.

When other participating companies raised this issue, Health Department officials remained elusive. After almost an hour and a half, they dismissed all companies, stating that the tender committee would review the matter, and decisions would be uploaded to the website.

The biggest irregularity observed was that the department did not seek signatures from anyone on the action sheet after the bids were opened. Officials seemed to hastily conclude the proceedings.

The Bihar State Health Society had invited tenders for pathology tests at all government health centers. The last date for submission was October 3. Seven companies were declared technically competent under NIT number 09/SHSB/Pathology Services/2024-25. Their financial bids were opened at 5 pm on October 23 and Science House was declared L1.

While the financial bids were being opened, representatives of the participating companies noticed varying rates quoted by Science House at different locations. It had listed a one per cent discount in one place and a staggering 77 per cent discount in another. It was also observed that the officials opening the bids manually changed the one percent sheet to 77 per cent.

When other participants raised objections, all officials retreated to the ED's room. After almost an hour, a message was conveyed through an official that the Society would consider the objection and upload the decision on the website.

Surprisingly, the officials refused to accept any written objections at that time.

However, participating companies submitted their objections to the department through email.

Subsequently, the Society itself acknowledged the validity of the objections that were raised against Science House and disqualified it from the tender process. In the meanwhile, the Society issued a letter in favour of HWPL, the company ranked L2 in the tender evaluation process. Now, the matter is in the High Court, in whose hand lies the fate of the tender.

Interestingly, Science House is headquartered in Bhopal.

Only a swift resolution to this entire issue will bring relief to the hapless patients in Bihar.

(The author is Delhi-based senior journalist and writer. He is author of Gandhi's Delhi which has brought to the forth many hidden facts about Mahatma Gandhi)