GOVERNMENT OF ANDHRA PRADESH * * * * * Web site: TENDER DOCUMENT (e Procurement) FOR

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1 GOVERNMENT OF ANDHRA PRADESH * * * * * Web site: TENDER DOCUMENT (e Procurement) FOR THE FINALIZATION OF RATE CONTRACT FOR SUPPLY OF SURGICAL CONSUMABLES, READYMADE CLOTH ITEMS FROM MANUFACTURES / AUTHORIZED DISTRIBUTORS / DIRECT IMPORTERS FOR THE PERIOD to CENTRAL MEDICINE STORES (CMS) (LOCATED IN ALL 13 DISTRICTS IN THE STATE OF ANDHRA PRADESH) Tender Notice No: 24(18-20)/APMSIDC/Medicine Wing/ , Dt: Implementing Agency: ANDHRA PRADESH MEDICAL SERVICES & INFRASTRUCTURE DEVELOPMENT CORPORATION (APMSIDC) (Formerly APHMHIDC) (AN ENTERPRISE OF GOVT. OF A.P.) APMSIDC, Plot No.9, Survey No.49, IT Park, Mangalagiri, Guntur District

2 SECTION - I: INVITATION FOR BIDS (IFB) GOVERNMENT OF ANDHRA PRADESH ANDHRA PRADESH MEDICAL SERVICES & INFRASTRUCTURE DEVELOPMENT CORPORATION (APMSIDC) Tender Notice No. 24(18-20)/APMSIDC/Medicine Wing/ , Dt: Bids are invited on the e-procurement platform from the manufacturers who have quality certification or direct importers or authorized distributors who have GST Registration in Andhra Pradesh Only to enter into a Rate Contract (R.C) for for supply of surgical consumables to all the Central Medicines Stores (13) located in all the District Head Quarters in the State of A.P. The details of bidding conditions and other terms can be downloaded from the electronic procurement platform of Government of Andhra Pradesh i.e. Bidders would be required to register on the e-procurement market place and submit their bids online. 1. a). The bidders should have a minimum annual turnover during last three financial years ( , and ) of Rs.1 crore for each year for MSMEs of A.P. and not less than Rs. 2 crores for all the other bidders, in each year. The evidence of Turnover should be supported by a certificate from a Chartered Account. 2. b). In case of authorized distributors, the above turnover shall be Rs.10 Lakhs per annum. 3. The Bidder who participates in the tender should upload the following scanned Certificates/documents Online. iii) i) Tender Processing Fee of Rs.5,625/- in the shape of Bank Draft drawn in favour of Managing Director, APMSIDC, Mangalagiri (Scanned Copy). ii) Valid manufacturing license/licenses for manufacturing the products issued by concerned authorities. Valid import license if the product is imported.(under Form 10 in case of items notified as drugs)valid Product license (For items notified as Drugs it is from DCA/DCG(I) iv) and for Non Drug items it is from concerned statutory Departments), v) Valid licenses for distribution of products ( in case of authorized distributors wherever applicable) (For items notified as Drugs it is from DCA and for Non Drug items it is from concerned statutory Departments).. 2

3 vi) Valid Authorization as per law from the manufacturer if the bid is quoted by distributor. vii) Annual turnover certificate (Consolidated report) issued by a Charted Accountant viii)the Earnest Money Deposit (EMD) is for Rs.3.00 lakhs to each firm. The Earnest Money Deposit shall be paid in the form of Demand Draft drawn in favour of Managing Director, APMSIDC, Mangalagiri, Guntur district.long with bids. ix) a). Non Conviction Certificate (NCC) stating that the firm has not been convicted during the last 3 years issued on or after by DCA should be submitted for products notified as drugs. b). In case of authorized distributors, NCC should be submitted for distributor as well as for the manufacturing company in case of drugs only. c). NCC shall contain the Drug License number in case of drug related products and GST license number for other items. x) Notarized affidavit on Rs.100/- Non-Judicial Stamp paper should be submitted for the gap period from to date of issue of NCC to bid submission date, given by the Proprietor/Managing Partner/ Managing director/ Director who is authorized by the board of directors as per the existing provisions of the companies act of the bidding firm stating that their firm has not been convicted during the period from the date of issue of NCC to the date of bid uploading and will submit the certificate to that effect from the concerned issuing authority in case their firm qualifies in the bid and enters into agreement with the corporation for supply of products on rate contract. xi) Scanned copy of Notarized affidavit on Rs.100/- Non-Judicial Stamp paper given by the Proprietor/Managing Partner/ Managing director/ Director who is authorized by the board of directors as per the existing provisions of the companies act of the bidding firm stating that their firm/bided products has not been blacklisted by any procuring agency in the country in terms of quality issues and submission of fabricated/forged documents/default supplies. If the declaration is proved to as false the firm shall pay Rs.1,00,000/- (Rupees one lakh only) as penalty to APMSIDC in addition to legal action for cheating/misleading the corporation. If stood L1 and the firm or any product of the firm is blacklisted by any of the other 3

4 procurement agencies during the period of rate of contract, the same shall be intimated to APMSIDC immediately failing which the penal actions mentioned in this paragraph shall be binding. xii) scanned copy of a notarized affidavit on Rs.100 / - non judicial stamp paper given by the proprietor / managing partner / managing director / director who is authorized by the board of directors of the company as per the existing provisions of the companies act stating that Any document submitted by the firm either in Online or Offline for the tender,if found to be Forged / Fabricated / Erroneous / False, the Firm will be liable for blacklisting along with forfeiture of EMD. If the firm is exempted from EMD the amount equivalent to the same will be paid by the firm as penalty to APMSIDC, in addition to this the APMSIDC can initiate legal action as per law. xiii)valid GMP certificate as per the provisions of Schedule M issued by the concerned D.C.A. and for importers WHO GMP certificate or a certificate which is on par with the provisions of WHO GMP issued by the concerned licensing authority of the imported country in case of products notified as drugs. The certificate should be valid as on the date of participating in the bid. (If GMP / WHO GMP validity period is not mentioned in the certificate, it is treated as one year validity for GMP and 2 years validity for WHO GMP from the date of issue of certificate). xiv). Scanned copy of List of Directors downloaded from the Ministry of company affairs website on the date of uploading the bid documents xv) Authorization of a senior responsible Person of the company with an authority to transact business as per the provisions of Companies Act. xvi) Performance statement giving the details of past performance of the bidder on the items quoted (as per Section XI). xvii) Check list along with page number for each page. 3. Documents to be submitted in offline:- All the documents uploaded in the online shall be submitted in the offline. Technical evaluation will be done with the documents uploaded in the online only. In addition to these documents the following documents shall also be submitted in the offline 4

5 a) Demand draft in respect of Tender processing fee i.e. Rs 5,625/- b) Demand draft in respect of Earnest Money Deposit (EMD) i.e. Rs 3, 00,000/- c) Audited Balance sheets of the last three financial years, , and issued by Chartered Accountant. d) Memorandum and Articles of Association of the company/ Copy of Registered Partnership deed of the firm duly attested by a Gazetted officer only. e). Self declaration of production capacity of each section for two months on single shift basis for each product. If the production capacity is lower than the requirement then the extra requirement shall be procured from other bid participants who has the production capacity if the L1 price is matched by the firm. f). Self declaration of Batch size for each quoted product. g). Copy of any document issued by State / Central Government towards proof as proprietor/managing Partner/Managing Director of the bidding firm duly attested by Gazetted Officer. All the above documents should reach physically to APMSIDC on or before at: 5:00 PM and Cover should be super scribed with Tender Notice Number. 4. The rate quoted per unit should be inclusive of all taxes, all other levies and duties etc., packing, forwarding to Free On Road (FOR) destination at various locations in A.P., India including Insurance, Storage, Transportation Loading, Unloading, License fee, Octroi, Road permits etc. The Basic Price Should include all levies and duties etc., packing, forwarding to Free On Road destination at various locations in A.P., India including Insurance, Storage, Transportation Loadings, Unloading, License fee, Octroi, Road permits etc. If there is any variation in the GST during the contract period, the same will be taken into account and the rates will be revised accordingly. 5. The Participant Bidders have to submit their bids online at 6. The Bidders have to scan the above particulars and submit online at on by 5.00 P.M. Indian Standard Time (IST). 7. All the bidders should quote their rate in Indian Currency only. 8. Details of the Tenders Scheduled are as follows: i. Downloading of tender document: From to at 12:00 PM ii. iii. iv. vi. Due date for Receipt of Online tenders: up to 5.00 P.M. Due date for receipt of Hard Copies : up to 5.00 P.M. Time and date of opening of Online technical bids at 5.01 P.M. Tender sample submission: Samples shall be submitted by all bidders along with the offline documents. i.e. on or before up to 5:00 P.M. The details of tender conditions are attached for guidance for quoting the rate. 5

6 vii. Pre bid Meeting on at 11 AM in the Conference Hall O/o APMSIDC, Plot No.9, Survey No.49, IT Park, Mangalagiri, Guntur District ). Objections: Any objections on the documents of other bidders shall be accepted up to 5:30 P.M. of After that no objections shall be accepted by the corporation. A. Introduction 1. Source of funds: SECTION - II : INSTRUCTIONS TO BIDDERS The funds are made available by the State Government of Andhra Pradesh through its regular budgetary provisions towards the procurement of the surgical items and other goods processed under this tender notification. 2. Eligible Bidder 2.1 This invitation for Bids is open to all the eligible manufacturers, authorized Distributors, and the direct importers holding valid import license, who fulfill the eligibility criteria mentioned in the Clause 13 and who meet pre-qualification criteria mentioned in the Section VI. Loan Licensees and Third Party licensees are not eligible to participate in the Bidding. 3. Eligible Goods and services 3.1 All surgical items to be supplied under the contract shall have their origin in eligible source country. 3.2 The origin of goods and services is distinct from the nationality of the bidder. 4. Cost of bidding 4.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Managing Director, APMSIDC, Mangalagiri here in after referred to as " the purchaser", will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 6

7 B. The Bidding Documents 5. Content of Bidding Documents 5.1 In addition to the Invitation for Bids, the bidding documents include: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Instruction to Bidders; General conditions of contract; Special conditions of contract; Schedule of requirements; Technical specifications; Bid form; Commercial bid with price schedules; Bid security form; Performance security form. Performance statement form. Declaration Form Check List of the documents to be uploaded on e-platform 5.2 The bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the bidders risk and may result in rejection of its bid. 6. Clarification of bidding documents (Pre-bid Meeting): 6.1 With a view to obtain maximum number of competitive bids and to make the procurement process more transparent by widely addressing all the concerns of the prospective bidders and also to obtain their feedback on the tender. 7. Amendment of bidding documents 7.1 At any time prior to the deadline for submission of bids, the purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by prospective bidder, modify the bidding documents by amendment. 7.2 There will not be any individual communication in respect of general notices and amendments etc. The amendment will be notified online on the procurement website. 7.3 In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their bid, the purchaser may, at its discretion, extend the deadline for the submission of bids. 7

8 C. Preparation of Bids 8. Language of Bid The Bid prepared by the Bidder and all correspondence and documents relating to the bid exchanged by the bidder and the purchaser, shall be written in the English language, provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an English translation of its pertinent passages in which case, for purposes of interpretation of the bid, the English translation shall govern. 9. Documents comprising the bid 9.1 The bid prepared by the bidder shall comprise the following separate components: Part A: Technical Bid: (a) A Bid form completed in accordance with clause 10 (b) Documentary evidence established in accordance with clause 13 that the bidder is eligible to bid and is qualified to perform the contract if its bid is accepted. (c) Documentary evidence to establish that the surgical items and other goods to be supplied by the Bidder are eligible goods and services confirm to the Bidding documents; and (d) Bid security furnished in accordance with clause 15. Part B: The Commercial Bid completed in accordance with clauses 11 and Bid Form 10.1 The Bidder shall complete the bid form provided in the bidding documents, indicating for the surgical items to be supplied, and brief description of the surgical items, their country of origin and quantity and other declaration statements (Bid form as per Section VII (A). 11. Bid prices The Bidder shall indicate on the appropriate price schedule, made available in the e-procurement platform (a model format is also attached to these documents), the unit prices and total bid prices of the surgical items it proposes to supply under the rate contract, for each item separately. Model Price Bid format available on the e- procurement platform is as per Section VII (B). The bids shall be submitted for the full quantity indicated against each item. 8

9 11.2. The price of the surgical items as delivered, to include all duties and sales and other taxes including local transportation and all incidental charges associated with the contract The Bidder's separation of the price components in accordance with Para 11.2 above will be solely for the purpose of facilitating the comparison of bids by the purchaser and will not in any way limit the purchaser's right to contract on any of the terms offered The price quoted by the Bidder shall be fixed during the Bidder's performance of the contract and not subject to variation on any account, except for the changes due to the changes made in the Tax structure by the Government by statute. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected The price quoted by the Bidders shall not in any case, exceed the controlled price, if any fixed by Central / State Government and the maximum retail price [MRP]. Further a Supplier found being supplied similar items to any other agency / State in the country during the validity of the contract with the APMSIDC, at a rate lower than the rate at which they supplied under this tender, the difference amount is liable to be recovered. The Bidders indulging in these types of activities will be blacklisted for a period of 2 years, immediately succeeding the RC year The APMSIDC at its discretion, will exercise, the right to revise the price at any stage so as to confirm to the controlled price or MRP as the case may be. This discretion will be exercised without prejudice to any other action that may be taken against the Bidder. 12. Bid currencies Prices shall be quoted in Indian Rupees. Bids quoted in other currency will be rejected. 13. Documents Establishing the Eligibility and Qualifications Pursuant to clause 9, the bidder shall furnish, as part of its technical bid, documents establishing the bidder s eligibility and qualifications The documentary evidence of the Bidder's eligibility to bid and have qualification to 9

10 perform the contract shall establish to the purchaser s satisfaction that the bidder, at the time of submission of the bid, is an eligible and qualified bidder as defined under clause 2. In this regard the Bidder should furnish the following: (i) (ii) The details of legal status, place of registration and principle place of business of the company or firm or partnership etc. The details of past performance of the bidder on specified item offered in the bid and details of current contracts in hand and other commitments (suggested proforma given in Section XI); (iii) The Copies of GST registration and Valid PAN/TIN details. (iv) The details in compliance to the Qualification Criteria (Section VI) The check list for the details of all the eligibility documents to be uploaded (to be submitted) is given at Section- XIII 14. Documents Establishing Goods Eligibility and conformity to bidding documents Pursuant to clause 9 the bidder shall furnish, as part of its bid, documents establishing the eligibility and conformity to the bidding document of all goods and services which the bidder proposes to supply under the contract The documentary evidence of the goods and services eligibility shall consist and of statement in the price schedule on the country of origin of the goods and services offered which shall be confirmed by a certificate of origin at the time of shipment The documentary evidence of the goods and services conformity to the bidding Documents may be in the form of literature, drawings and data, and shall furnish: (a) (b) A detailed description of the goods essential technical and performance characteristics of the goods. A clause by clause commentary on the purchaser technical specifications demonstrating the goods and services substantial responsiveness to those specifications or statement of deviations and exceptions of the Technical specifications For purpose of the commentary to be furnished pursuant to clause 14.3 above, the bidder shall note that standards for workmanship, material and goods, and references to brand names or catalogue numbers designated by the purchaser 10

11 in its technical specifications are intended to be descriptive only and not restrictive. The bidder may substitute alternative standards, brand name and / or catalogue numbers in its bid, provided that it demonstrates to the purchasers satisfaction that the substitutes are substantially equivalent or superior to those designated in the Technical specifications. 15. Earnest Money Deposit (EMD) Pursuant to Clause 9, unless exempted, the Bidder shall furnish, as part of it bid, the Earnest Money Deposit (EMD) for the amounts specified in the Section I The Earnest Money Deposit (EMD).is required to protect the purchaser against risk of bidders conduct which would warrant the security forfeiture, pursuant to clause The Earnest Money Deposit (EMD).shall be in Indian Rupees and in the form of a Demand Draft/Pay Order in favour of Managing Director, APMSIDC, payable at Mangalagiri, Guntur District Any bid not secured in accordance with Para 15.1 and 15.3 above will be rejected by the purchaser as non-responsive during the evaluation of the bid Unsuccessful Bidder s Earnest Money Deposit (EMD). will be discharged/ returned as promptly as possible after entering into agreement with the L1 firm The successful Bidder s Earnest Money Deposit (EMD) will be discharged upon the Bidders executing the contract, pursuant to clause 32 and furnishing the performance security pursuant to clause The Earnest Money Deposit (EMD) shall be forfeited; (a) (b) If a Bidder withdraws its bid after submitting the bid online and during the period of bid validity as specified by the Bidder on the Bid form ; or In case of successful Bidder, if the Bidder fails; (i) to sign the contract in accordance with clause 32 or (ii) to furnish performance security in accordance with clause 33. (c) If the Bidder does not accept the corrected amount the Bid will be rejected, and the Bid security may be forfeited. 16. Period of validity of Bids Bids shall remain valid up to180 days after completion of the commercial bid evaluation by the purchaser pursuant to Clause A bid valid for shorter period may be rejected by the purchaser as non-responsive. 11

12 16.2 In exceptional circumstances, the Purchaser may solicit the Bidders consent to an extension of the period of validity. The request and the responses thereto shall be made in writing (or by e- mail). The bid security provided under clause 15 shall also be suitably extended. A bidder may refuse the request without forfeiting its bid security. 17. Format and signing of Bid The bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized as per law to bind the bidder to the contract. All pages of the bid, except for un-amended printed literature, shall be initialed by the person or persons signing the bid The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors and made by the bidder in which case such corrections shall be initialed by the person or persons signing the bid. D. Submission of Bids 18. Sealing and Marking of bids The bids shall be uploaded (submitted) electronically, as described in the Invitation for Bids (Section I). The hard copies of the bids in sealed covers must be received by the Purchaser at the address specified above on or before the due date of submission of bids (Section I) The Bids shall be addressed to the purchaser at the following address: The Managing Director, APMSIDC, Plot No.9, Survey No.49, IT Park, Mangalagiri, Guntur District The Bids shall bear the name of the invitation for bids (IFB) and Number and also the words "Do not open before up to 5.00 P.M. The envelopes shall indicate the name and address of the Bidder to enable the bid to be returned unopened in case it declared late" If the envelope is not sealed and marked as required by Para 18.2 and 18.3 above, the purchaser will assume no responsibility for the bids misplacement or premature opening. 12

13 19. Deadline, for submission of bids The Bids (both electronic and hard copies) must be received by the purchaser, no later than the time and dates specified in the Invitation for Bids (Section I). In the event of the specified date for the submission of Bids being declared a holiday for the purchaser, the Bids will be received up to the appointed time on the next working day The purchaser may, at its discretion, extend this deadline for submission of bids by amending the bid documents in accordance with clause 7, in which case all rights and obligations of the purchaser and bidders previously subject to the deadline will thereafter be subject to the deadline as extended. 20. Late Bids Any bid received by the purchaser after the deadline for submission of bids prescribed by the purchaser, pursuant to clause 19, will be rejected and/ or returned unopened to the Bidder. 21. Modification and Withdrawal of Bids No bid may be modified subsequent to the deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Bid form. Withdrawal of bid during this interval shall result in the Bidders forfeiture of its bid security, pursuant to Clause If any bidder withdraws his bid after the closing date of the tender and also during the tender process, the EMD will be forfeited E. Bid Opening and Evaluation 22. Opening of Bids by Purchaser 22.1 The Purchaser or its authorized representative will download the technical bids on the date specified in the Section I (Invitation for Bids) Technical Evaluation Committee headed by DME can evaluate the Bid documents of the firms. 13

14 22.3 The Financial Bids of the technically responsive bidder would be downloaded subsequently from the e-platform, once the technical evaluation is completed. 23. Clarification of Bids To assist in the examination, evaluation and comparison of bids the purchaser may at his discretion, ask the Bidder for clarification of his bid. The request for clarification and the response shall be in writing and no change in price or substance of the bid shall be sought, offered or permitted. 24. Technical Evaluation (Preliminary Examination and Pre-Qualification) The procurement process consists of three stages: 1) Technical Bid Evaluation 2) Sample evaluation and 3) Commercial Bid Evaluation. The first two stages are part of the Technical Evaluation and last is the part of Commercial Evaluation, to be taken up for the technically eligible and qualified bidders As part of the Technical Bid Evaluation, the purchaser will examine the bids to determine whether they are complete, whether required documents have been furnished, and whether the bids are generally in order At this stage, the purchaser will determine the responsiveness of each bid to the bidding documents. The purchaser s determination of bids responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. However, the disqualification of the bids could be based on any extrinsic evidence brought to the notice of the Purchaser any time till the signing of Contract, by treating that the Bidder had concealed the information by not disclosing it to the Purchaser Further the purchaser will determine to his satisfaction whether the Bidder is qualified to satisfactorily perform the contract. The determination will take into account the Bidder's financial, technical and production capabilities. It will be based upon an examination of the documentary evidence of the Bidder s qualifications submitted by the Bidder pursuant to clause 13 as well as such other information as the purchaser deems necessary and appropriate. 14

15 24.4 The Purchaser may further take up Factory Inspections by technical teams, with main objective to confirm that the firms are fully complying with the good manufacturing practices and following standard operating procedures The Purchaser may waive any minor informality or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any bidder An affirmative determination at these two stages will be prerequisite for the opening of the financial bids. A negative determination will result in rejection of the Bidder s bid. 25. Opening of Commercial Bids: 25.1 Following the technical evaluation, the commercial bids (price bids) of all the eligible and qualified bidders will be opened and downloaded from the e-procurement platform. The commercial details are visible to all the qualified bidders The reasons for the disqualification and non-responsiveness to the bid conditions are also available to the technically rejected bids. 26. Evaluation and comparison of Bids. (Commercial evaluation) 26.1 The Purchaser will evaluate and compare bids previously determined to be responsive and qualified for the contract, pursuant to clause 24, for each item separately The purchaser s evaluation of a bid will take into account; the bid price, which to include all costs as well as duties and taxes paid or payable and cost of inland transportation, and other costs incidental to the delivery of goods to their final destination 26.3 All the price bids without any unacceptable conditions will be considered by the Corporation for finalizing the Rate Contract. Price Bids without mentioning the units / strength or with altered unit / strength shall be treated as non-responsive and rejected. 15

16 26.4 All the accepted bids from the bidders will be ranked, on the ascending order of the prices offered. 27. Contacting the Purchaser Subject to clause 23, no Bidder shall contact the purchaser on any matter relating to the bid, from the time of the bid opening to the time, the contract is awarded Any effort by a Bidder to influence the Purchaser in the purchaser's bid evaluation, bid comparison or contract award decisions may result in rejection of the Bidders bid. F. Award of Contract 28. Award Criteria 29.1 After the conclusion of Commercial Bid evaluation, all the lowest bids are considered for negotiation and rate arrived after negotiation is declared as L1 rate and the bidder/s offering the L1 rate for an item or items of surgical items for which the tender has been invited shall be called as L1 Bidder/s. A provisional rate contract list will be published with the lowest negotiated rates (L1 rate), on the website and may also be placed on the Notice Board of the Corporation. 29. Purchaser s right to vary quantities 29.1 The purchaser reserves the right, at the time of award of contract/during the period of contract, to increase or decrease to any extent of the quantity of goods specified in the schedule of requirements without any change in price or other terms and conditions. 30. Purchaser s right to accept any Bid and to reject any or all Bids The purchaser reserves the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract, without there by incurring any liabilities to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders on the grounds for the Purchaser's action Further it informed that the lowest price offered is not the sole criteria for selecting the supplier / product. The two bid system, followed in the tender has been 16

17 designed to make the tender process more scientific and transparent, and to eliminate those suppliers/products which do not match the eligibility criteria, product specification and manufacturing process requirements, and manufacturing with proper licenses. 31. Notification of Award Prior to the expiry of the period of the bid validity, the purchaser will notify all the successful bidders including the L1 Bidders in writing, duly confirming that their bids have been accepted for placing on the Rate Contract Upon the successful bidders furnishing of performance security, pursuant to clause 33, the purchaser will promptly notify each unsuccessful Bidder and will discharge their bid security, pursuant to clause Signing of contract 32.1 On receipt of the notification of award the successful Bidders shall sign the contract, without any delay and within 15 days of the notification of the award (contract form at Section -IX). Once the L1 Bidders sign the contract and furnish requisite performance security, and then onwards they will be called L1 Suppliers. 33. Performance security 33.1 Within 15 days of the receipt of notification of award from the purchaser, the successful Bidder shall furnish the performance security in accordance with the conditions of contract, in the performance security form provided in the Bidding documents or another form acceptable to the purchaser and signs the agreement (Section X) 33.2 Failure of the successful Bidder to comply with the requirement of clause 32 and clause 33.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event the purchaser may make the award to the next lowest evaluated bidder or call for new bids. 34. Purchase orders 17

18 34.1 The L1 Supplier/s is/are entitled to be placed the purchase orders for the surgical items up to the bid quantity and if there are more than one L1 supplier, the purchase orders will be placed among them in equal proportions. Any time during the period of Rate Contract, a purchase order is placed even exceeding the bid quantity, the Supplier shall accept and fulfill all the contractual obligations If the successful bidder fails to execute the agreement and / or deposit the required security within the time specified or withdraws his bid after the intimation of the acceptance of his bid has been sent to him or other reasons, he is unable to undertake the contract, his contract will be cancelled and the Earnest Money Deposit shall stand forfeited to the Andhra Pradesh Medical Services & infrastructure Development Corporation and he will also be liable for all damages sustained by the Managing Director, Andhra Pradesh Medical Services & infrastructure Development Corporation, If the bidder by any reasons of breach, such as failure to supply/delayed supply, including the liability to pay any difference between the prices accepted by him and those ultimately paid for the procurement of the articles concerned. Such damages shall be accessed by the Managing Director, Andhra Pradesh Medical Services & infrastructure Development Corporation whose decision is final in the matter. If the successful bidder fails to supply the total quantity of the product in the purchase order, 10% of unexecuted quantity value will be levied as penalty in addition to withholding the value of the unexecuted quantity from the pending bills for payment till the procurement of the of the executed quantity is completed either from the successful bidder or from the open source as decided by the corporation. If any articles or things supplied by the bidder have been partially or wholly used or consumed after supply and are subsequently found to be in bad order, unsound, inferior in quality or description or are otherwise faulty or unfit for use, then the contract price or prices of such articles or things will be recovered from the bidder, if payment had already been made to him. Otherwise the bidder will not be entitled to any payment whatsoever for such article. For infringement of the stipulations of the contract or for other justifiable reasons, the contract may be terminated 18

19 by the Managing Director, Andhra Pradesh Medical Services & infrastructure Development Corporation and the bidder shall be liable for all the losses sustained by the Andhra Pradesh Medical Services & infrastructure Development Corporation in consequence of the termination which may be recovered personally from the bidder from his properties, as per rules. In the event of supplies declared as NSQ, contract with the bidder will be suspended and purchases made from alternative suppliers. Such Firm may be black listed for three (3) years beginning from the year following the one in which defective supplies was detected. The bidder shall also be liable for action under criminal law and the matter shall be notified to the concerned Licensing authority of the Drugs Control Administration. In all the above conditions, the decision of the Managing Director, Andhra Pradesh Medical Services & Infrastructure Development Corporation shall be final and binding. In the event of any dispute arising out of the bids such dispute would be subject to the jurisdiction of the Civil Courts within the city of Mangalagiri, Guntur dt./guntur. If any Supplier/s has not accepted the purchase order placed either up to the bid quantity or more than the bid quantity as the case may be, or failed to supply the required surgical items i.e., initial 50% and balance 50% quantities within the time permitted with liquidated damages as the case may be, the Corporation will cancel the purchase orders for the unexecuted part. For this the Corporation will place purchase orders with the L2 firm or with other lowest bidder. If no listed bidder accepts to supply the product, the corporation will have the right to purchase from the open market as situation demands. The corporation recovers the cost difference i.e. the cost difference between rate contract agreement rate and the procured rate from the L1 firm/firms. 35. Fraud and corruption It is the Purchaser s policy that requires that the bidders, suppliers and contractors observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Purchaser: 19

20 (a) Defines, for the purposes of this provision, the terms set forth below as follows: (i) Corrupt practice is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) fraudulent practice is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) Collusive practice is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; (iv) Coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; (v) obstructive practice is deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation (b). will reject proposal for award if it determines that the bidder considered for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question; (c). Will cancel the contract if the purchaser determines at any time that the bidder, supplier and contractors engaged in corrupt, fraudulent, collusive, or coercive practices. (d). will sanction a firm or individual, including declaring ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a contract; and 20

21 (e). Will have the right to inspect the accounts and records of the bidders, supplier, and contractors and to have them audited by auditors appointed by the Purchaser 1. Definitions Section III: General Conditions Of Contract 1.1 In this contract, the following terms shall be interpreted as indicated; (a) (b) (c) (d) (e) (f) (g) (h) (i) "The contract or rate contract" means the agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all the attachments and appendices thereto and all documents incorporated by references therein. The contract Price" means the price payable to the supplier under the contract for the full and proper performance of its contractual obligations. The goods" means the surgical items and / or other materials which the Supplier is required to supply to the Purchaser under the contract. "Services" means services ancillary to the supply of the goods, such as transportation, insurance and any other incidental services, and other obligations of the supplier covered under the contract. "The Purchaser or Corporation" means the APMSIDC, the purchasing agency "The L1 Supplier" or Matched L1 Supplier means the individual or firm supplying the goods under this contract. The Government means the Government of Andhra Pradesh or its authorized representatives The Project Site, where applicable means the place or places named in Schedule of Requirements Day means calendar day. 2. Application 2.1. These General conditions shall apply to the extent that they are not superseded by provisions in other parts of the contract. 3. Standards 3.1 The Goods supplied under this contract shall conform to the standards 21

22 mentioned in the Technical specifications and when no applicable standard is mentioned the authoritative standard appropriate to the goods country of origin shall be followed and such standard shall be the latest issued by the concerned institution 4. Use of contract documents and Information 4.1. The supplier shall not without the purchaser s prior written consent, disclose the contract or any provision thereof or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the purchaser in connection therewith to any person other than a person employed by the supplier in performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance The supplier shall not, without the purchasers prior written consent make use of any document or information enumerated in Para 5.1 except for purposes of performing the contract Any document other than the contract itself enumerated in Para 5.1 shall remain the property of the purchaser and shall be returned (in all copies) to the purchaser on completion of the suppliers performance under the contract if so required by the purchaser. 5. Patent Rights 5.1 The supplier shall indemnify the purchaser against all third party claims of infringement of patent, trademark for industrial design rights arising from use of the goods or any part thereof in India. 6. Performance Security 6.1 Within 15 days after the supplier s receipt of notification of award of the contract, the supplier shall furnish performance security to the purchaser for the amount specified in the special conditions of contract. 6.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier s failure to complete its obligations under the contract. 6.3 The performance security shall be denominated in Indian Rupees and shall be in 22

23 the form of a Demand Draft in favour of Managing Director, APMSIDC, Guntur. 6.4 The performance security will be discharged by the Purchaser and returned to the supplier not later than 60 days following the date of completion of the supplier s performance obligations, including any warranty obligations. 7. Inspections and Tests The purchaser or his representatives shall have the right to inspect and / or to test the surgical items to confirm their conformity to the contract. The special conditions of contract and / or the technical specifications shall specify what inspections and tests the purchaser requires and where they are to be conducted. The purchaser shall notify the supplier in writing of the identity of any representatives retained for these purposes The inspections and tests may be conducted in the premises of the supplier (s) at point of delivery and/or at the goods final destination. Where conducted on the premises of the supplier(s) all reasonable facilities and assistance including access to the production data, manufacturing process, and quality control methods adopted etc., for the manufacture of the items offered, shall be furnished to the inspectors at no charge to the purchaser Should any inspected or tested surgical items fail to conform to the specifications and quality standards the purchaser may reject them and the supplier shall replace the rejected surgical items, free of cost to the purchaser The purchasers right to inspect,test and where necessary reject the goods after the goods arrival at site and shall in no way be limited or waived by reason of the goods having previously been inspected, tested and passed by the purchaser or its representative prior to the goods shipment from the country of origin Nothing in clause 7 shall in any way release the Supplier from any warranty or other obligations under this contract Inspection of the firms Whenever corporation feels that it is necessary to inspect the firm and its manufacturing facility either by MD or any person/committee nominated by MD, the bidder shall provide all data, documentation and information without cost. If any adverse report is received in such 23

24 inspection, APMSIDC will issue show cause notice to the firm. If the reply is found not satisfactory, the APMSIDC shall have the right to reject the bid or terminate/ cancel the orders already issued or not to issue any further order. The tenderer, whose manufacturing unit is found to be not complying with GMP/ISO/BIS during inspection, will be levied with a fine of Rs.50,000/- or the expenditure incurred by the APMSIDC in conducting such inspection whichever is higher. This fine amount shall be deducted from the EMD deposited by the bidder or from any other amount payable to them in any nature. The amount shall be deducted without any notice. In case of deficit, legal action will be taken against the bidder for recovery as per law. 7.7 The supplier should give the batch size for each of the product quoted and when the supplies are effected the size of the batch mentioned in the quality analytical report or the Batch size submitted by the supplier,whichever is higher will be considered for calculating the cost of Quality Assurance tests. The excess batches supplied will be charged at the double the cost of Quality assurance test charged by the empanelled laboratories. 8. Packing 8.1 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit and open storage. Packing case size and weights shall take into consideration where appropriated the remoteness of the Goods final destination and the absence of heavy handling facilities at all points in transit. 8.2 The packing, marking and documentation within and outside the packages shall comply strictly with such special requirements, as shall be provided for in the contract and subject to clause 18 and any subsequent instructions ordered by the purchaser. 24

25 9. Delivery and Documents 9.1 Delivery of the Goods shall be made by the Supplier in accordance with the terms specified by the purchaser in the Notification of Award. The Documents needed for the processing of the payment are given in the Clause 6 of SCC 10. Insurance 10.1 The goods supplied under the contract shall be fully insured in Indian Rupees against the loss or damage incidental to manufacture, transportation, storage and delivery in the manner specified in the special conditions of contract. 11. Transportation 11.1 The supplier is required to deliver the goods to the destinations specified in the contract and the cost thereof shall be included in the contract price The transportation of the Goods after the delivery at the final destination shall be the responsibility of the Purchaser. 12. Incidental services The supplier is required to provide the all the incidental services as required and specified under the Technical Specifications, if any. 13. Warranty 13.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or current models, and that they incorporate all recent improvements in design and materials, unless provided otherwise in the Contract. The supplier further warrants that the goods supplied under this contract shall have no defect arising from design materials or workmanship (except insofar as the design or material is required by the purchasers specifications) or from any act or omission the supplied goods in conditions obtaining in the country of final destination The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty. 25

26 14. Payment 14.1 The method and conditions of payment to be made to supplier under the contract shall be specified in the special conditions 14.2 a) The Suppliers request (s) for payment shall be made to the purchaser in writing accompanied by an invoice describing as appropriate the goods delivered and the services performed and by shipping document, submitted pursuant to clause 10, and upon fulfillment of other obligations stipulated in the contract. b) The in house quality report with batch size or any document showing the batch size of the product shall be submitted 14.3 Payments will be made at the earliest possible time after receipt of material at Central Drug. Stores and proper documents as per tender conditions in the O/o APMSIDC, Mangalagiri, Guntur District Payment shall be made in Indian Rupees Suppliers have to submit invoices in the following manner. i) In case of PO whose value is less than 20 Lakhs the supplier shall submit the bill after completion of supply of 95% of the indented quantity. ii) If the PO value is above 20 lakhs, bills can be submitted in two stages. Ist invoice after supplying at least 75% of indented quantity in all districts the indented quantity. and 2 nd invoice after supplying 95% of Note :- In the case of 14.5 (ii) 50% of the value of the indented quantity will be paid after completion of supply of 75% of the indented quantity in all district central drug stores in the state. The balance amount will be paid after completion of supply of at least 95% of the indented quantity. 26

27 15. Prices 15.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not with the exception of any price adjustments authorized by the special conditions of contract, vary from the prices quoted by the supplier in its bid. 16. Change Orders 16.1 The Purchaser may at any time by written orders given to the Supplier pursuant to clause 31, make changes within the general scope of the contract in any one or more of the following; (a) (b) The quantity to be delivered; or the place of delivery 16.2 Any claims by the supplier for adjustment under this clause must be asserted within thirty (30) days from the date of the Suppliers receipt of the purchasers change order. 17. Contract Amendments 17.1 Subject to clause 18, no variation or a modification of the terms of the contract shall be made except by written amendment signed by the parties. 18. Assignment 18.1 The Supplier shall not assign in whole or in part its obligations to perform under the Contract to any agency, except with the Purchaser s prior written consent. 19. Delays in the suppliers performance and Not of Standard Quality supplies As explained in the Section I, the quality of items procured and timely supplies without default are being given paramount importance by the Corporation. The Corporation will be dealing with defaulters in these fronts with a firm hand, which may lead to cancellation of orders, black listing, imposing of penalties and recovery of damages etc The Corporation takes up the quality testing of the Supplied surgical items as per the Procedure for NSQ (Not of Standard Quality), as explained in the Section V (Technical Specification). 27

28 19.3. Delivery of the surgical items against each Purchase Order placed shall be made by the Supplier in accordance with the terms of contract and should start within 30 days i.e.50% of the quantity being supplied with 30 days from the date of the receipt of the Purchase Order and complete the balance 50% supplies within 60 days from that date The permitted delay, with imposition of liquidated damages, in the execution of any Purchase Order placed is 15 days for both 50% initial supply part or for the balance 50% part If any Supplier/s has not accepted the purchase order placed up to the bid quantity; or failed to supply the required surgical items i.e., initial 50% and balance 50% quantities within the time permitted with liquidated damages as the case may be, the Corporation will cancel the purchase orders of the unexecuted quantity and impose suitable unexecuted penalties as per the SCC. Supply shall be considered complete only upon receipt of at least 95% of the ordered quantity at each of the 13 district warehouses and uploading of the required documents in e-aushadhi software. The date of actual receipt of the goods or the date of uploading of the required documents whichever is later shall be considered as date of receipt of the material. 20. Liquidated Damages and Black-listing 20.1 The Corporation will impose suitable penalties in the form of Liquidated damages for the delays in the supplies as described in the Special Conditions of the Contract 20.2 In case of complaints on the quality of the products supplied, bills will be withheld till receipt of Satisfactory Test reports and in the event of supplies fail quality tests, contract with the bidder for that item will be suspended and purchases will be made from alternative supplier: Further If one item of any Supplier is found Not of Standard Quality during the Rate Contract (RC) period, then that particular item will be blacklisted for remainder of the current RC period. In all the above case, the bidder will also be liable for imposition of penalties and action under criminal law 28

29 If any surgical items supplied by the Rate Contractor have been partially or wholly used after supply and are subsequently found to be of Not of Standard Quality, inferior in quality or description or otherwise faulty or unfit for usage, then the contract price of such surgical items will be recovered from the future payments due, if payment had already been made 20.3 The decision of the Managing Director, APMSIDC, or any officer authorized by him in respect of the quality of the supplied surgical items and other goods etc., shall be final and binding The Corporation may blacklist, any of the Rate Contract Supplier who itself or its product under the RC is found placed on the black-list for any reason by any other State / Central government's department or organization or any procuring agency in India during the period of Rate Contract 20.5 If the supply is received in damaged condition in respect of primary packing, it shall not be accepted. In case of any acceptable deficiencies or damages in the secondary or tertiary packing, marking and documentation, the supply will be accepted only after levying 2% on the total value of supply to that destination. 21. Cancellation of Purchase Orders and Risk Purchases 21.1 In the event of any default under the Contract, where the purchaser cancels a purchase order, or terminates the contract in whole or in part, or blacklists the Supplier, the purchaser take up Risk Purchases to ensure continuity in the Surgical items supplies, upon such terms and in such manner as it deems appropriate, Goods similar to those undelivered, and the supplier shall be liable to the purchaser for any excess costs for such similar surgical items and Corporation impose penalties as mentioned in other parts of this document If any rate contract holder fails to supply the surgical within the within stipulated period from the date of receipt of purchase order, the purchase order deemed to be cancelled and no stocks will be accepted for any reason after completion of the supply period The firm will be deemed as an Undependable supplier and further order will not be placed on him during the rest of the rate contract period. In considering the period of delay public holiday falling after the stipulated period of the purchase order receipt date will be excluded. 29

30 21.4 If the firm declared as undependable supplier for 2 products in the same tender then the firm will be blacklisted for three consecutive years The products declared as Not of Standard quality will not be returned to the firm,but the amount of the entire supplied NSQ batche/s will be deducted from the bills amount payable to the firm or from PSD of the firm An intimation either through mail/sms of the firm which was submitted by the firm at the time of participation in tender in the form of a letter/sms will be sent to the firm regarding the products that are going to be expired within 6 months to replace the quantity with fresh batch within three weeks from the date of such intimation. If the firm fails to replace with fresh batch stock within the stipulated period of time given by APMSIDC, the value of expired goods will be deducted from the bill amount payable to the firm and PSD of the firm. If the amount is more than the PSD or bills pending for payment the same will be recovered from the firm as per the existing provisions of Revenue recoveries Act. 22. Force Majeure 22.1 Notwithstanding the provisions of clauses 22, 23, 24, the supplier shall not be liable for forfeiture of its performance security or liquidated damages or termination for default, if and to the extent that, its delay in performance or other failure to perform its obligations under the contract is the result of an event of Force Majeure For purposes of this clause Force Majeure" means an event beyond the control of the supplier and not involving the suppliers fault or negligence and not fore-see-able. Such events may include but are not limited to, acts of the purchaser either in its sovereign or contractual capacity, wars or revolutions, floods, epidemics, quarantine restrictions and freight embargoes If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such conditions with documentary evidence and the cause thereof. Unless otherwise directed by the purchaser in writing the supplier shall continue to perform its obligations under the contract as far as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the force majeure event. 30

31 23. Termination for Insolvency The purchaser may at any time terminate the contract by giving written notice to the supplier, if the supplier becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser. 24. Termination for convenience The purchaser may by written notice sent to the supplier terminate the contract, in whole or in part at any time for its convenience. The notice of termination shall specify that termination is for the purchaser s convenience the extent to which performance of work under the contract is terminated and the date upon which such termination becomes effective. 25. Resolution of Disputes 25.1 The purchaser and the supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the contract If after thirty (30) days from the commencement of such informal negotiations the purchaser and the supplier have been unable to resolve amicably contract dispute, either party may require that the dispute be referred for resolution to the formal mechanisms specified in the special conditions of contract. These mechanisms may include but are not limited to conciliation, mediation by third party justification in an agreed national or international forum and / or international arbitration. The mechanism shall be specified in the special conditions of contract. 26. Governing Language 26.1 The contract shall be written in English language, as specified by the purchaser in the instructions to bidders. Subject to clause 30, English language version of the contract shall govern. 27. Applicable law The contract shall be interpreted in accordance with the laws of the union of India and the legal jurisdiction is Hyderabad 31

32 28. Notices Any notices given by one party to the other pursuant to the contract shall be sent in writing or and confirmed to the address specified for that purpose in the special conditions of the contract. A notice shall be effective when delivered or on the notices effective date, whichever is later. 29. Taxes and duties Suppliers shall be entirely responsible for all Central or State or any other taxes, duties, license fees, etc. incurred until delivery of the contracted goods to the purchaser The rates quoted by the bidder shall be deemed to be inclusive of the sales and other taxes that the bidder will have to pay for the performance of this contract. The statutory changes in the taxes and duties during the validity of the Contract are applicable, provided the bidder clearly provides the break-up of the price components and taxes at the time of bid submission as per Clause 11 of ITB Section IV: Special Conditions of the Contract (SCC) 1. The following special conditions of contract shall supplement the general Conditions of contract. Whenever there is conflict, the provisions herein shall prevail over those of the general conditions of contract the corresponding clause number of the general conditions in parentheses. 2. Definitions (Clause I) (a) The Purchaser is ; Managing Director, APMSIDC, APMSIDC, Plot No.9, Survey No.49, IT Park, Mangalagiri, Guntur District (b) The Supplier is Performance security (Clause 6) 3.1..Performance security is 5% of the contract value, subject to a maximum of Rs. 10, 00,000/- (rupees ten lakhs only) of each item approved and the performance security shall be valid up to 60 days after the date of completion of Rate Contract 32

33 3.2. Add clause 7.5 to the GCC as the following: In the event of any contract amendment, the supplier shall within 7 days of receipt of such amendment furnish the amendment to the performance security rendering the same valid for the duration of the contract, as amended for further period of 60 days thereafter. 4. Inspection and Tests (clause 7) The APMSIDC is keen on buying quality surgical items. The surgical items purchased will be subjected to rigorous quality control by getting them tested in independent and reputed accredited laboratories. The following inspection procedures and tests are required by the Purchaser: 4.1 A) The Supplier shall get each surgical items inspected and tested by its in-house Quality Control Wing at the manufacturing premises only and provide a Certificate of Analysis that the surgical items conforms to all specifications contained in the contract. B) Every non-drug item shall be labeled with batch / lot number, Manufacturing date and expiry date (if any). These items shall be supplied with quality control report The Purchaser or its representative may inspect and/or test any or all the surgical items to confirm their conformity to the Contract specifications, prior to dispatch from the manufacturer s premises. Such inspection and clearance will not prejudice the right of the consignee to inspect and test the surgical items on receipt at destination Whenever corporation feels that it is necessary to inspect the firm and its manufacturing facility by MD or any other person /committee nominated by MD, the bidder shall provide all dat, documentation and information without cost.if any adverse report is received in such inspection, APMSIDC will issue show cause notice to the firm. If reply is found not satisfactory, the APMSIDC shall have to reject the bid or terminate / cancel the orders already issued or not to issue any further order.the Tenderer, whose manufacturing unit is found to be not complying with GMP during the inspection, will be levied with a fine of Rs.50,000/- or the expenditure incurred by the APMSIDC in conducting such inspection whichever is higher. This fine amount shall be deducted from the EMD deposited by the bidder of from any other amount shall be deducted from the EMD deposited by the bidder or from any other amount payable to them in any nature. The amount shall be deducted 33

34 without any notice. In case of deficit, legal action will be taken against the bidder for recovery as per law However, on arrival of the surgical items at destinations, the purchaser or its representative shall have the right to inspect and/or test any or all the surgical items to confirm their conformity to the contract If the supplied item (s) or its performance is not as per specified conditions, the supplier shall replace the items to the satisfaction of the purchaser s representative. 5. Packing (Clause 8) Apart from the general requirements, other technical details of individual packing requirements are given in the Section V: Technical Specifications. 6. Delivery and Documents (Clause 9) The following documents are required towards the proof of the delivery and quality of the supplied surgical items: (i) (ii) (iii) (iv) Three copies of the Supplier invoice showing product s description, quantity, Unit Price, total amount, Lot/Batch No: and Date Manufacture and Expiry wherever applicable Material Receipt Certificate from the Consignee Quality Control Certificate containing the Batch Size from the Internal Quality Control Wing of the manufacturer Quality Test Certificate from a Laboratory (i.e. the test report basing on which the product is permitted for sale or distribution in the country by the Government of India) in case of imported item or Inspection Certificate issued by the nominated inspection agency. 7. Insurance (Clause 10) For delivery of goods at site, the insurance shall be obtained by the Supplier at his cost for an amount equal to 110% of the value of the goods from "warehouse to warehouse" on "All Risks" basis including war Risks and Strike clauses period in the joint names of purchaser and supplier. 34

35 8. Incidental Services (Clause 12) No additional services are required to be provided over the services already covered under clause 12 of GCC. 9. Payment (Clause 16) 9.1 Payment for goods and services shall be made in Indian Rupees as follows: 100 % of the Contract Value of the Supply part, after the deduction of statutory taxes, will be paid to the Supplier upon submission of the documents described at Clause 6 of SCC, i.e., after completion of all the performance obligations 10. Prices (Clause 15) Substitute Clause 15.1 of the GCC by the following: Prices payable to the Supplier as stated in the Contract shall not be subject to adjustment during performance of the Contract. 11. Liquidated Damages (Clause 20) 11.1.Liquidated Damages for delays Subject to clause 20 of GCC, the Purchaser shall, without prejudice to its other remedies under the Contract, deduct the following as: Liquidated damages, a sum equivalent to 0.5 percent (0.5%) of the delivered price of the delayed Goods for each day up to a maximum of 15 days. i.e. from 61 st day to 75 th day. At the request of the firm/supplier in writing before expiry of 75 th day from the approval date of purchase order to the Managing Director of APMSIDC, the delivery time may be extended up to 105 days at his/her discretion with a penalty of 1% per day on the delivered price of the delayed Goods. i.e. from 76 th day to 105 th day. If no permission is obtained and more than one purchase order is not supplied in the stipulated period of supply then the firm will be declared as undependable supplier for the products for which the supplies are not executed. 35

36 12. Resolution of Disputes (Clause 25) Add as Clauses 25.3 and 25.4 of the GCC the following: 1) The dispute resolution mechanism to be applied pursuant to clause 25 of the General Conditions shall be as follows: (a) In the case of dispute or difference arising between the Purchaser and a Supplier relating to any matter arising out of or connected with this agreement, such dispute or difference shall be referred to the award of two Arbitrators, one Arbitrator to be nominated by the Purchaser and the other to be nominated by the Supplier or in the case of the said Arbitrators not agreeing, then at the award of an Umpire to be appointed by the Arbitrators in writing before proceeding with the reference, and in case the Arbitrators cannot agree to the Umpire, he may be nominated by the Arbitration committee of the Indian Council of Arbitration, India. (c) The award of the Arbitrators, and in the event of their not agreeing, of the Umpire appointed by them or by the Arbitration Council of India, India, shall be final and binding on the parties. (d) The Indian Arbitration Act 1996, the rules there under and any statutory modification or re-enactments thereof, shall apply to the arbitration proceedings. 2) The venue of arbitration shall be the place from where the Contract is issued. 13. Notices (Clause 28) For the purpose of all notices, the following shall be the address of the purchaser and supplier. Purchaser: The Managing Director, APMSIDC, Plot No.9, Survey No.49, IT Park, Mangalagiri, Guntur District Supplier: (To be filled in at the time of Contract Signature) 14. Actions against the misconduct of the Supplier A Supplier found being supplied or offered similar items of similar quantities to any other similar Organization or Department or Agency or State in the country during the validity of the contract with the APMSIDC, at a rate lower than the rate at which they supplied under this tender, the difference amount is liable to be recovered apart from 36

37 blacklisting the firm for a minimum period of 2 years. In all these issues the decision of the Managing Director, APMSIDC will be final The Supplier should furnish an undertaking on a stamped paper (Annexure-XIII) that they will remit the differential cost, if they quote lower rate than the rate quoted to the APMSIDC to any other agency or department or state, during the period of contract If the bidder fails to demonstrate on asked to do so, of the products quoted with their bid, without any valid or convincing reason to the satisfaction of the Purchaser, the bids for other items offered against the bid notice will not be considered and he may be debarred for a certain period as decided by the Purchaser. 15. Procedure for Blacklisting For blacklisting a product or firm, for defaulted Supply or for supply of Not of Standard quality product or for withdrawal from the tender etc as noted in the tender, a registered show-cause notice shall be issued to the bidder/supplier calling for explanation within 7 days from the date of receipt of notice On receipt of the explanation from the bidder/supplier, the Managing Director, APMSIDC may take appropriate action on merits of the case and may impose blacklisting of the particular product(s)/supplier by passing appropriate orders, before arranging a hearing with the defaulter 16. Appeals 16.1 A supplier/firm who s product or the supplier/firm, itself have been blacklisted by the corporation which is displayed in the corporation website i.e.://msidc.ap.nic.in// may within 15 days from the date of display, appeal to the state Government i.e. Special Chief Secretary/ Principal Secretary to State Govt., who deals the subject of APMSIDC activities in HM&FW dept. A.P The State Government after such enquiry into the matter, as is considered necessary and after giving the said supplier an opportunity for representing his views, may pass such order in relation thereto as it thinks fit. 37

38 S.No SECTION - V: Schedule of Requirements List of Surgical items, Specifications, Description and Quantities Required Item Code s urg surg surg surg surg Item Name Specification Description Auto Disable Re-use prevention Syringes Sterile 1cc 26G Auto Disable Re-use prevention Syringes Sterile 2cc 23G Auto Disable Re-use prevention Syringes Sterile 2cc 24G Auto Disable Re-use prevention Syringes Sterile 2.5cc 23G Auto Disable Re-use prevention Syringes Sterile 2.5cc 24G RUP syringes for therapeutic injections (ISO 7886 Part 4 Sterile hypodermic syringes for single use: Part 4: Syringes with reuse prevention feature). RUP syringes for therapeutic injections (ISO 7886 Part 4 Sterile hypodermic syringes for single use: Part 4: Syringes with reuse prevention feature). RUP syringes for therapeutic injections (ISO 7886 Part 4 Sterile hypodermic syringes for single use: Part 4: Syringes with reuse prevention feature). RUP syringes for therapeutic injections (ISO 7886 Part 4 Sterile hypodermic syringes for single use: Part 4: Syringes with reuse prevention feature). RUP syringes for therapeutic injections (ISO 7886 Part 4 Sterile hypodermic syringes for single use: Part 4: Syringes with reuse prevention feature). Probable Tender Qty per one financial year Each Each Each Each Each

39 surg Auto Disable Re-use prevention Syringes Sterile 3cc 23G RUP syringes for therapeutic injections (ISO 7886 Part 4 Sterile hypodermic syringes for single use: Part 4: Syringes with reuse prevention feature). Each surg surg surg Auto Disable Re-use prevention Syringes Sterile 3cc 24G Auto Disable Re-use prevention Syringes Sterile 5cc 23G Auto Disable Re-use prevention Syringes Sterile 5cc 24G RUP syringes for therapeutic injections (ISO 7886 Part 4 Sterile hypodermic syringes for single use: Part 4: Syringes with reuse prevention feature). RUP syringes for therapeutic injections (ISO 7886 Part 4 Sterile hypodermic syringes for single use: Part 4: Syringes with reuse prevention feature). RUP syringes for therapeutic injections (ISO 7886 Part 4 Sterile hypodermic syringes for single use: Part 4: Syringes with reuse prevention feature). Each Each Each

40 Annexure I to Section V Technical Requirements 1) Intellectual Property Rights: The Supplier shall indemnify the APMSIDC against all third party claims of infringement of any patent, trademark, copyright or industrial design and other intellectual property rights arising from use of the surgical items supplied. 2). Logograms: Bids for the supply of surgical items shall be considered only if the Bidder gives an undertaking in his Bid that the supply will be prepared and packed with the logogram printed as per the design provided by the Corporation. 3) Packaging: The boxes shall be packed in weather resistant triple walled insulated 5-ply cartons. Each ply having strength of minimum 150 gsm. It should be fabricated from virgin quality A grade material. The overall dimension of the carton should be such that the product does not get damaged during transportation and storage. 4) Quality Testing a) Samples of surgical items supplied under the Contract will be subjected to quality tests. As soon as the material is received at Central Medicines Stores, the samples will be drawn by the Corporation staff. Each batch Samples shall be taken from each consignment and tested for quality in a time bound manner. APMSIDC may also draw samples from the peripheral units wherever the surgical items are supplied and get them tested in empanelled laboratories. b) The Drug related surgical item samples will be sent to the Government approved and/or empanelled analytical testing laboratories for their quality as per Standards prescribed by the Drugs and Cosmetics Act,1940 and rules,1945. c) Whenever a particular item is declared as Not of Standard Quality (NSQ) or Substandard by the above laboratories then that item of the RC approved firm will be black listed against the firm. d) All the NSQ products either drug related items or non-drug related items will not be returned to the company but will be destroyed, and the amount will be deducted from the company bills. No purchase orders will be placed for the C i) In case of complaints, bills will be withheld till receipt of analytical report. Further action will be taken on the basis of report. 40

41 ii) On physical verification by the District level inspection team, if any item is suspected to be of Not of Standard Quality, bills will be withheld until receipt of analysis reports as standard quality. 1. The decision of the Managing Director, APMSIDC, or any officer authorized by him as to the quality of the supplied Surgical items, surgical items etc., shall be final and binding. 5. The packaging and labeling standards for drug related items should comply with the related provisions of Drugs and Cosmetics Act, 1940 and rules thereof and also with requirements of Good Manufacturing Practices as per revised Schedule M of Drugs and Cosmetics rules, The product must comply with general requirements of the item as the applicable standards of the country of the manufacture and in respect of drug related items as per the Indian Pharmacopeias (IP). In case the product is not included in I.P. but is official in B.P. or U.S.P. it should comply with requirements given in those pharmacopeias. 7. The packaging components should also conform to the specifications suitable for use in the prevailing climatic conditions. All the packaging should be properly sealed and tamper-proof. Pharmaceuticals requiring special storage requirements must specifically indicate on the label and containers and be shipped in special conditions to ensure the stability and the integrity of the surgical items. 8. Bar-coding requirements: Incorporation of barcodes (1D or 2 D) encoding unique product identification code (GTIN), Batch Number, Expiry Date and Serial Number of the Secondary pack on each of the secondary Level packaging and incorporation of barcodes (1 D or 2D ) encoding unique product identification code (GTIN), Batch Number, Expiry Date and Serial Number of the Tertiary pack (shipper/carton) on each of the Tertiary Level packaging. 41

42 ANNEXURE II to Section V Schedule for Packaging of Surgical items I.General Specifications: 1) No corrugated package should weight more than 15 kgs (i.e. Product + inner carton + corrugated box). 2) All Corrugated boxes should be of A grade paper i.e., Virgin. 3) All items should be packed only in first hand box only. FLUTE: 4) The corrugated boxes should be of narrow flute. JOINT: 5) Every box should be preferably single joint and not more than two joints. STITCHING: 6) Every box should be stitched using pairs of metal pins with an interval of two inches between each pair. The boxes should be stitched and not jointed using calico at the corners. FLAP: 7) The flaps should uniformly meet but should not over lap each other. The flap when turned by o should not crack 8) Every box should be sealed with gum tape running along the top and lower opening. CARRY STRAP: 9) Every box should be strapped with two parallel nylon carry straps. (They should not intersect). LABEL: 10) Every corrugated box should carry a large label clearly indicating that the product is for A.P. G ovt. Supply Not for Sale. The lower one third of the large label will indicate in bold the value of the product 11) The product label on the carton should be large at least 15 cm x 10 cm dimension. It should carry the correct technical name, strength or the product, date of manufacturing, date of expiry, quantity packed and net weight of the box. 12) No box should contain mixed products or mixed batches of the same product. 42

43 SECTION - VI QUALIFICATION CRITERIA (Referred to in clause 13.2 of ITB) I. Terms of Qualification: (a) The bidder should have a minimum annual turnover of Rs.1 Crore for manufacturers and Rs.10 Lakhs for authorized distributors in any of the last three years i.e., , and (b) (c) The Bidder shall be a manufacturer having valid manufacturing license for the item quoted as per the specification and/or as a direct importer, holding valid import license. The Bidder must have necessary quality certifications for both processes and products such as IS 9001 (Quality Management System for Organization) and relevant Indian or International Standard Certifications for Products. II. Terms of Disqualification: 1. The Bidders who has withdrawn their bids in any of the previous tenders of APMSIDC 2. The bidder who is placed on the black-list by either APMSIDC or by any other State / Central government's department or organization for the product offered with his bid in the last 3 years 3. The bidder who is placed on the black-list by either APMSIDC or by any other State / Central government's department or organization in the last 3 years 4. The bidder who is currently blacklisted / debarred either by APMSIDC or by any State Government or Central Government Department or Organization. - In all the above cases, the disqualification cut-off date will be till the contract is signed. III. Not with standing anything stated above, the purchaser reserves the right to assess the Bidders capabilities and capacity to perform the contract should circumstances warrant such an assessment in the overall interest of the purchaser deciding on award. 43

44 SECTION VII (A): BID FORM (As per Clause 10 of Section II) (Name and Address of Purchaser) Date To The Managing Director, APMSIDC, Hyderabad. Contract No. Gentlemen: Having examined the Bidding Documents including Addenda No. the receipt of which is hereby duly acknowledged, we, the under-signed, offer to supply and deliver (Description of Surgical items) in conformity with the said Bidding Documents through the Rate Contract ( ) for the sum as given in the Price Bid (electronically) or such other sums as may be ascertained in accordance with the schedule of prices furnished and made part of this bid. We undertake, if our bid is accepted and upon placed with a Purchase Order for the Supply of the items approved, to commence delivery within (Number) days and to complete delivery of all the surgical items as specified in the Purchase Order within (Number) days calculated from the date of receipt of your valid Purchase Orders issued time to time during the validity of the Rate Contract period. If our bid is accepted we will obtain the guarantee of a bank in a sum not exceeding 10% of the Contract price for the due performance of the Contract We agree to abide by this bid for a period of (Number) days from the date fixed for bid opening under Clause 22 of the Instruction to Bidders and shall remain binding upon us and may be accepted at any time before the expiration of that period. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in India like The Prevention of Corruption Act 1988 Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and your notification of award shall constitute a binding contract between us. 44

45 We understand that you are not bound to accept the lowest or any bid you may receive. Dated this day of Signature: (in the Capacity of) : Duly Authorized to sign bid for and on behalf of 45

46 Section VII (B)- Model PRICE Schedules (available on e-procurement Platform (As per Clause 11 of Section II) 00 46