TENDER FOR FIXING RATE CONTRACT FOR THE SUPPLY OF SPECTACLES

Transcription

1 TAMILNADU MEDICAL SERVICES CORPORATION LIMITED (A Government of Tamilnadu Undertaking) 417, Pantheon Road, Egmore, Chennai Phone: , / Fax: Website: Ref.No: 226/EYE/NRHM/TNMSC/ENGG/2017, Dt TENDER FOR FIXING RATE CONTRACT FOR THE SUPPLY OF SPECTACLES LAST DATE FOR RECEIPT OF TENDER: up to PM NOT TRANSFERABLE

2 Telephones: / Fax enggenquiry@tnmsc.com; equipment@tnmsc.com; TENDER FOR FIXING RATE CONTRACT FOR THE SUPPLY OF SPECTACLES Tender Reference : 226/EYE/NRHM/TNMSC/ENGG /2017, Dt Date of commencement of Sale of tender document : Pre-bid meeting : at Noon Last date for sale of Tender document : Last date and time for Receipt of tender : upto PM Time and date of opening of tender : at PM Place of opening of Tender : Tamilnadu Medical Services Corporation Ltd., II Floor, 417, Pantheon Road, Egmore, Chennai Address For Communication : Tamilnadu Medical Services Corporation Ltd., II Floor, 417, Pantheon Road, Egmore, Chennai Cost of the Tender Document : Rs.5,725/- (Inclusive of Tax) 1

3 CONTENTS Sl. Descriptions Page No. 1. Last Date for receipt of Tender 4 2. Eligibility Criteria 5 3. General Conditions 6 4. Technical Bid Cover A 8 5. Price Bid Cover B Opening of Cover A and Cover B of Tender Earnest Money Deposit EMD Exemption to Small Scale Industries Other Condition Acceptance of Tender Security Deposit and Agreement Supply Conditions Logograms Packing Quality Testing & warranty Payment Provisions Deduction in Payments Quality Control and other penalties Blacklisting Procedure 32 2

4 Sl. Descriptions Page No. 20. Saving Clause Jurisdiction Annexure-I (Sales Tax Clearance Certificate) Annexure-II &III(Declaration Form) Annexure IV (Undertaking) Annexure-V (Proforma for Performance Certificate) Annexure-VI (Annual Turnover Statement) Annexure-VII (Details of require items) Annexure-VIII (Packing Specification) Annexure-IX (Agreement) Annexure-X (Details of Manufacturing Unit) Annexure-XI (Procedure for Blacklisting) Annexure-XII (List of items quoted) Annexure-XIII (Check List) Annexure-XIV(The Landed Price) Annexure-XV (Break up Details of Landed Price) 61 3

5 TAMILNADU MEDICAL SERVICES CORPORATION LIMITED TENDER FOR FIXING RATE CONTRACT FOR THE SUPPLY OF SPECTACLES The TNMSC, a Govt. of Tamilnadu undertaking involved in procuring quality directly from the manufacturers and importers through open tenders system and ensures timely supply of drugs and medicines to about 11,400 medical institutions all over Tamilnadu. The General Manager (Equipment), Tamilnadu Medical Services Corporation Limited, 2 nd Floor, No.417, Pantheon Road, Egmore, Chennai , (hereinafter referred as Tender Inviting Authority) inviting tender for Fixing Rate Contract for the supply of spectacles for a period of 2 years from the date of commencement of contract. 1. LAST DATE FOR RECEIPT OF TENDERS (a) Sealed Tenders [in two separate covers {Technical bid (Cover A ) and Price Bid (Cover B )}] will be received till on at PM. by the Tender Inviting Authority, Tamilnadu Medical Services Corporation Limited (TNMSC), 417, Pantheon Road, Egmore, Chennai , for tender for Fixing Rate Contract for the supply of spectacles for a period of 2 years from the date of commencement of contract. (b) The bid shall be valid for a period of 120 days from the date of opening of Cover-A (Technical Bid) and prior to the expiry of the bid validity, the Tender Inviting Authority may request the Tenderers to extend the bid 4

6 validity for further period as deemed fit. The tenderer may refuse extension of bid validity without forfeiting the Earnest Money deposit. 2. ELIGIBILITY CRITERIA (a) The GST registered bidders are only eligible to participate in the tender. (b) Tenderer shall be a manufacturer having valid appropriate manufacturing license or direct importer holding valid import license or distributors having valid distribution license, having valid agreement with manufacturer for supply of the items tendered and should have average manufacturing / supply capacity of Nos. of spectacles per month. If the bidder is going to import, it is the bidder s responsibility to assess the capacity of the manufacturer (s) and quote. Manufacturers of any one of the items namely glasses or frame are permitted to quote as manufacturers with proper tie up with the manufacturer of other items required for spectacles supported by documentary evidence for the tip up. (b) Average Annual turnover for the last 3 years i.e. ( to ) shall not be less than Rs.350 Lakhs in any one of the last three years. (c) Tenderer should at least have one year Market Standing as a manufacturer/importer for Spectacles quoted in the tender. (d) Tender should not be submitted for the product/products for which the concern/company has been blacklisted either by TNMSC or by any other State/central government s organization. (e) The Company/Firm which has been blacklisted either by Tender Inviting Authority or by any State Government or Central Government Organization should not participate in the tender during the period of 5

7 blacklisting. 3. GENERAL CONDITIONS. (i) Price preference not exceeding fifteen percent for domestic small scale industrial units and not exceeding ten percent for public sector undertaking of the Government of Tamilnadu will be allowed for items manufactured by them. Note: Domestic Small Scale Industrial Unit means an industrial unit in which the investment in fixed assets in plant and machinery, whether held in ownership or on lease or by hire purchase, does not exceed rupees five hundred Lakhs, or any amount as may be prescribed from time to time and which manufactures the goods within the state and registered with the Director of Industries and Commerce, Govt. of Tamilnadu. (ii) (a) A complete set of tender documents may be purchased by any interested eligible person on an application in writing and upon payment of a non refundable fee as indicated in the advertisement in the form of Demand draft drawn in favour of Tamilnadu Medical Services Corporation Limited payable at Chennai. (b) Alternatively, the tender document can be downloaded from the websites of and on free of cost. (iii) Tender document may be purchased from the office of Tender Inviting Authority between A.M. to 5.00 P.M. on or before on all working days either in person or by post. Tender Inviting Authority will not be responsible in any way for postal delay. 6

8 (iv) All tenders must be accompanied with Earnest Money Deposit as specified in Annexure-VII of the Tender document UNLESS EXEMPTED under clause (8) hereunder. (v) Tenders will be opened in the presence of tenderers/authorized representatives who chooses to attend on the specified date and time. (vi) (a) At any time prior to the date of submission of Tender, Tender Inviting Authority may, for any reason, whether on his own initiative or in response to a clarification requested by a prospective Tenderer, modify the condition in Tender documents by an amendment. All the prospective tenderers who have received the tender document will be notified of the amendment in writing and that will be binding on them. In order to provide reasonable time to take the amendment into account in preparing their bid, Tender Inviting Authority may at his discretion, extend the date and time for submission of tenders. (b) Any person who has downloaded the tender document should watch for amendment, if any, in the website of TNMSC and TNMSC will not issue separate communication to them. (vii) Interested eligible tenderers may obtain further information in this regard from the office of the Tender Inviting Authority. 4. TECHNICAL BID - COVER A 4.1 The tenderer should furnish the followings in a separate cover hereafter called "Cover A". (All the documents submitted should be signed and 7

9 sealed by the Tenderer in each page and Xerox copies of the documents should be attested by the Tenderer and also be notarized in each page) (a) Earnest Money Deposit, IF NOT EXEMPTED under clause (8), shall be as indicated in Annexure-VII of the tender document in the form of Demand Draft favoring Tamilnadu Medical Services Corporation Ltd., payable at Chennai. (b) Documentary evidence for the constitution of the company/concern such as Memorandum and Articles of Association, Partnership deed etc. with details of the Name, Address, Telephone Number, Fax Number, address of the firm and of the Managing Director/Partners/ Proprietor. (c) The tenderer should furnish attested photocopy of Licence for the product duly approved by the Licencing authority for the product quoted as per specification in the tender. The licence must have been duly renewed upto date and the items quoted shall be clearly highlighted in the licence. (d) Attested photocopy of import licence if the product is imported. The licence must have been renewed up to date. A copy of a valid licence for the sale of Spectacles imported by the firms issued by the licencing authority shall be enclosed. (e) The instruments such as power of attorney, resolution of board etc., authorizing an officer of the tenderer should be enclosed with the 8

10 tender duly signed by the Authorized signatory of the Company / Firm and such authorized officer of the tenderer should sign the tender documents. (f) Authorization letter nominating a responsible person of the tenderer to transact the business with the Tender Inviting Authority. (g) Manufacturer s Authorization letter in case the bidder is a non manufacturer. (h) True copy of record of manufacture/import to establish one year market standing as in Annexure-V. (i) Deleted. (j) Deleted. (k) Annual turnover statement for past three years in the format given in Annexure-VI certified by the Auditor. (l) Copies of balance Sheet and Profit and Loss Account for the year i.e to and certified by the Auditor. (m) Sales Tax Clearance certificate, as on (as per form attached in Annexure-I). (n) Undertaking (as in the proforma given in Annexure-II) for embossment of logo, as the case may be, as per conditions specified at Clause 13 herein, notarized by the Notary Public. 9

11 (o) Details of Manufacturing Unit in Annexure-X. The details containing the name and address of the premises where the items quoted are actually manufactured. (p) Documents, if any, to show that the manufacturing unit/importer has been recognized, by WHO, UNICEF, ISO Certificate etc., (q) Details of technical personnel employed in the manufacture and testing of Spectacles (Employee Name, Qualification, Experience) as endorsed in license. (r) List of items quoted in duplicate (The name of the Items quoted alone should be furnished and the rates of those items should not be indicated in this list), as shown in the Annexure-XII. (s) The tender document should be signed by the tenderer in all pages with office seal. (t) A Checklist (Annexure-XIII) for the list of documents enclosed with their page number. The documents should be serially arranged as per this Annexure-XIII and should be securely tied or bound. (u) The bidder should furnish the GST registration no. for supply and services and the code no. for the goods quoted The above documents should be sealed in a separate Cover Superscribed as "TECHNICAL BID - COVER A - TENDER FOR FIXING RATE CONTRACT FOR THE SUPPLY OF SPECTACLES DUE ON

12 AT PM AND ADDRESSED TO THE TENDER INVITING AUTHOURITY, TAMILNADU MEDICAL SERVICES CORPORATION LIMITED, EGMORE, CHENNAI PRICE BID - COVER B 5.1. Cover B contains Price Bid of the Tenderer. (i) Bid should be typewritten and every correction and interlineations in the bid should be attested with full signature by the tenderer, failing which the bid will be treated as ineligible. Corrections done with correction fluid should also be duly attested. (ii) Each page of the price bid should be duly signed by the tenderer affixing the office seal. (iii) The tenderer shall fill in the rate in the Annexure-X1V and Annexure-XV for item/s quoted and should be submitted. (iv) In determining the lowest evaluated price, (the rate quoted per unit or landed price in Annexure-XIV) the evaluation shall include all taxes and duties such as customs duty, excise duty, sales tax etc. subjected to the following: a) In a tender where all the Tenderers are from within the State of Tamilnadu, or where all the Tenderers are from outside the State of Tamilnadu, the sales tax shall be included for the evaluation of the price; and b) In a tender where the Tenderers are both from the State of Tamilnadu 11

13 as well as from outside the State of Tamilnadu, the sales tax under the Tamilnadu General Sales Tax Act, 1959 shall be excluded for the evaluation of the price. (v) The rate quoted in column 8 of Annexure-XIV should be for a unit and for the given specification. The tenderer is not permitted to change / alter specification or unit size given in the Annexure XIV. (vi) The tenderer is required to furnish the break up details of landed price in Annexure-XV. (vii) The rate quoted in column 8 of Annexure-XIV and in column 6 of Annexure-XV should be one and the same. (viii) The details of rates and manufacturing capacity given in Annexure-XIV should also be entered clearly given along with the tender. (ix) The bidder shall necessarily quote the excise duty or customs duty applicable and when the item is excisable or imported as the case may be. (x) The bidder shall specifically mention EXEMPTED when the item is excisable but exempted for time being based on turn over or for any other grounds by the notification issued by the Government of India (Also refer clause 16(6)). (xi) The bidder once quoted the excise rate is not permitted to change the rate/amount unless such change is supported by the notification issued by the Government of India or by the order of the court, after submission of 12

14 Tender. (xii) The bidder who has quoted excise NIL in ANNEXURE-XV and the item is excisable, on award of contract, will be eligible for payment only on production of invoices drawn as per Central Excise Rules The tenderers shall submit duly signed Annexure-XIV and Annexure-XV in a sealed cover Superscribed as PRICE BID COVER B - TENDER FOR FIXING RATE CONTRACT FOR THE SUPPLY OF SPECTACLES. The "Cover B" should also be addressed to the TENDER INVITING AUTHOURITY, TAMILNADU MEDICAL SERVICES CORPORATION LIMITED, EGMORE, CHENNAI Two separately sealed covers {Technical bid (Cover A ) {Refer Clause No.4.2} and Price Bid (Cover B )} { Refer clause 5.(2) } shall be placed in a cover which shall be sealed and Superscribed as TENDER FOR FIXING RATE CONTRACT FOR THE SUPPLY OF SPECTACLES DUE ON AT 03.00PM. and addressed to the TENDER INVITING AUTHOURITY, TAMILNADU MEDICAL SERVICES CORPORATION LIMITED, EGMORE, CHENNAI, which shall be submitted within the date and time as specified in Clause 1(a) If the last date for submission of Tender is declared holiday, the tenders can be submitted in the next working day up to PM. 13

15 6. OPENING OF COVER A AND COVER B OF TENDER (a) All the tenderers are entitled to be present at the date and time for opening of Technical Bid - Cover A of the tender submitted by them. (b) Tenderers, who were found eligible on satisfying the criteria for technical evaluation and inspection for the continuous compliance of GMP, will only be invited to be present at the date and time for opening of Price Bid - Cover B of the tender. 7. EARNEST MONEY DEPOSIT The Earnest Money Deposit referred to at Clause 4.1(a) UNLESS EXEMPTED under Clause 8, shall be for the amount as indicated in Annexure-VII of the tender documents. The Earnest Money Deposit shall be paid in the form of Demand Draft favoring Tamilnadu Medical Services Corporation Limited, Chennai. This should be enclosed with the tender in Cover A. Earnest Money Deposit in the form of Cheque /Cash /Postal order will not be accepted. Earnest Money Deposit will not earn interest. 8. EARNEST MONEY DEPOSIT EXEMPTION TO SMALL SCALE INDUSTRIES. (1) (i) Firms located within the state of Tamilnadu and registered with the Small Industries Corporation or holding Permanent Registration Certificate from the District Industries Centers of Directorate of Industries and Commerce, Govt. of Tamilnadu will be granted exemption from payment of Earnest Money Deposit in respect of items for which the Registration Certificate has to be produced. 14

16 (ii) The SSI Units will be required to execute proper notarized undertaking (as per Annexure-IV) to the effect that in the event of non fulfillment or non observance of any of the condition stipulated in the contract, the SSI Unit shall pay penalty, an amount equivalent to the Earnest Money Deposit or an amount equal to the actual loss incurred by the Tender Inviting Authority consequent on such breach of contract, whichever is less. (2). (i) The tenders submitted without sufficient EMD will be summarily rejected. (ii) The Earnest Money Deposit of the successful tenderer may, at the discretion of Tender Inviting Authority, be adjusted towards the Security Deposit payable by him. (iii) The Earnest Money Deposit will be refunded to the successful tenderers after finalization of Tender or within 4 months from the date of opening of Cover A (Technical Bid) unless extended as mentioned in clause 1(b) whichever is earlier. (iv) Deleted. 9. OTHER CONDITIONS 1. The specification of Spectacles and the quantity required are shown in Annexure-VII. The quantity mentioned is only the tentative requirement 15

17 and may increase or decrease as per the decision of Tender Inviting Authority. The rates quoted should not vary with the quantum of the order or the destination. 2. Tender has been called for in the generic names. The tenderers should quote the rates for the generic products. Any variation, if found, will result in to the rejection of the tender. 3. Rates (inclusive of Excise Duty, Customs duty, C.S.T., transportation, insurance, and any incidental charges, but exclusive of Tamilnadu General Sales Tax) should be quoted for the door delivery basis according to the unit ordered. Tender for the supply of Spectacles with cross conditions like AT CURRENT MARKET RATES shall not be accepted. Handling, clearing, transport charges etc., will not be paid. The delivery should be made as stipulated in the purchase order placed with successful tenderers. 4. Each bid must contain not only the unit rate but also the total value of each item quoted for supply in the respective columns. The aggregate value of all the items quoted in the tender shall also be furnished. 5. The price quoted by the tenderers shall not, in any case exceed the controlled price, if any, fixed by the Central/State Government and the Maximum Retail Price (MRP). Tender Inviting Authority at its discretion, will exercise, the right to revise the price at any stage so as to conform 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 16

18 the tenderer. 6. To ensure sustained supply without any interruption, the Tender Inviting Authority reserves the right to split orders for supplying the requirements among more than one Tenderers, pursuant to the provisions laid under the Tamilnadu Transparency in Tenders Act and Rules. 7. The rates quoted and accepted will be binding on the tenderer during validity period of the bid and any increase in the price will not be entertained till the completion of this tender period. 8. No tenderer shall be allowed at any time on any ground, whatsoever it may be, to claim revision or modification in the rates quoted by him. Representation to make correction in the tender documents on the ground of Clerical error, typographical error, etc., committed by the tenderers in the Bids shall not be entertained after submission of the tenders. Cross Conditions such as SUBJECT TO AVAILABILITY SUPPLIES WILL BE MADE AS AND WHEN SUPPLIES ARE RECEIVED etc., will not be entertained under any circumstances and the tenders of those who have given such conditions shall be treated as incomplete and accordingly the Tender will be summarily rejected. 9. For spectacles, rates should be quoted only for the specification stated in the tender. 10. Supplies should be made directly by the bidder and not through any other agency. 17

19 11. The tenderer shall allow inspection of the factory at any time by a team of Experts/Officials of the Tender Inviting Authority. The tenderer shall extend all facilities to the team to enable to inspect the manufacturing process, quality control measures adopted etc., in the manufacture of the items quoted. If Company/Firm does not allow for any such inspection their tenders will be rejected. 10. ACCEPTANCE OF TENDER 1. Tenders will be evaluated with reference to various criteria and one of such criteria is that the rate per unit (landed price) for determining the L1 rate (Lowest rate). 2. The evaluation and comparison shall include 15% price preference for domestic small-scale industrial units and 10% price preference for the Public Sector undertakings of the Government of Tamilnadu in respect of products and quantities manufactured by them. 3. Tender Inviting Authority reserves the right to accept or reject the tender for the supply Spectacles tendered for in a tender without assigning any reason. 4. Tender Inviting Authority, or his authorized representative(s) has the right to inspect the factories of tenderers, before, accepting the rate quoted by them or before releasing any purchase order(s) or at any point of time during the continuance of tender and also has the right to reject the tender or terminate / cancel the purchase orders issued and or not to reorder, based on adverse reports brought out during such inspections. 18

20 5. The acceptance of the tenders will be communicated to the successful tenderers in writing. 11. SECURITY DEPOSIT AND AGREEMENT 11.1 Security Deposit: On being informed about the acceptance of the tender and before signing the Agreement, the successful Tenderer shall pay the Security Deposit 5% of the contract value in the form of Demand Draft in favor of Tamilnadu Medical Services Corporation Limited/Purchaser or in the form of a bank guarantee from a nationalized bank in the prescribed format valid for the full contract period of 1 year pulse 60 days The successful Tenderer shall execute an agreement on a non-judicial stamp paper of value of Rs.100/- (stamp duty to be paid by the Tenderer) in the prescribed format within 15 days from the date of the intimation from Tender Inviting Authority informing that his tender has been accepted The Tenderer shall not, at any time, assign, sub-let or make over the contract or the benefit thereof or any part thereof to any person or persons what so ever All notices or communications relating to and arising out of this agreement or any of the terms thereof shall be considered duly served on or given to the Tenderer if delivered to him or left at the premises, places of business or abode If the successful Tenderer fails to execute the agreement and/or to deposit the required security deposit within the time specified or withdraws his 19

21 tender, after the intimation of the acceptance of his tender has been sent to him or owing to any other reasons, he is unable to undertake the contract, his contract will be cancelled and the Earnest Money Deposit deposited by him along with his tender shall stand forfeited by the Tender Inviting Authority and he will also be liable for all damages sustained by the Tender Inviting Authority apart from blacklisting the supplier. 12. SUPPLY CONDITIONS 1. Purchase orders along with the delivery destinations will be placed on the successful tenderer at the discretion of the Tender Inviting Authority/Purchaser. 2. The Spectacles supplied by the successful tenderer shall be of the best quality and shall comply with the specifications, stipulations and conditions specified in the Annexure-VII. 3. The supply should be started within 30 days from the date of indent and completed within 45 days from the date of each indent. 4. However Tender Inviting Authority/Purchaser may accept the supplies up to 60 th day, with liquidated damages at the rate SPEICIFIED IN clause

22 5. All supplies will be scheduled for the period from the date of acceptance till the completion of the tender in installments, as may be stipulated in the Purchase Order. The supplied Spectacles (covered in SCHEDULE P of Drug and Cosmetics Act) should have a maximum potency throughout the shelf life period as prescribed in the Drug and Cosmetics Act 1940 and rules there under or should have self life period of minimum 2 years from the date of manufacture. 6. The tenderer must submit a Test report from a Government approved laboratories for every batch of Spectacles along with invoice. 7. Tenderer shall supply the product, at various centres in all the districts of the state of Tamilnadu, within days from the date of placement of indent by the respective centre. 8. If the tenderer fails to execute the supply within the stipulated time, the Tender Inviting Authority/Purchaser is at liberty to make alternative purchase of the item of Spectacles for which the Purchase orders have been placed from any other sources or in the open market or from any other tenderer who might have quoted higher rates at the risk and the cost of the supplier and in such cases the tender inviting authority / Purchaser has every right to recover the cost and impose penalty as mentioned in Clause The order stands cancelled at the end of 60 th day after levying penalty on the value of unexecuted order. Penalties shall also thereafter apply to the 21

23 tenderer as specified at Clauses 18. Apart from risk/alternate purchase action, the tenderer shall also suffer forfeiture of the Security Deposit and shall invite other penal action like blacklisting/ disqualification from participating in present and future tenders of Tender Inviting Authority. 10. It shall be the responsibility of the tenderer for any shortages/damage at the time of receipt in District centres. Tender Inviting Authority/Purchaser is not responsible for the stock of spectacles received, for which no order is placed. 11. The tenderer shall take back the defective units and units rejected as not conforming to the tender specifications and return after rectification or replace with need one as and when the same is communicated by the purchaser / end user. 12. If at any time the tenderer has, in the opinion of the Tender Inviting Authority/Purchaser, delayed in making any supply by reason of any riots, mutinies, wars, fire, storm, tempest or other exceptional cause on a specific request made by the tenderer within 7 days from the date of such incident, the time for making supply may be extended by the Tender Inviting Authority/Purchaser at its discretion for such period as may be considered reasonable. The exceptional causes do not include the scarcity of raw material, power cut and labor disputes. 13. The supplier shall not be in any way interested in or concerned directly or indirectly with, any of the officers, subordinates or servants of the Tender Inviting Authority/Purchaser in any trade or business or transactions nor 22

24 shall the supplier give or pay promise to give or pay any such officers, subordinates or servants directly or indirectly any money or fee or other considerations under designation of Custom or otherwise, nor shall the supplier permit any person or persons whom so ever to interfere in the management or performance hereof under the power of attorney or otherwise without the prior consent in writing of the Tender Inviting Authority. 13. LOGOGRAMS Logogram means, wherever the context occurs, the design as specified in Annexure-II. The name of the Spectacles shall be mentioned in Tamil and English. 1. Tenders for the supply for Spectacles shall be considered only if the tenderer gives undertaking in his tender that the supply will be prepared and packed with the logogram of proportionate size, either printed or embossed as per the design at Annexure-II. 2. The Spectacles have to be supplied in standard packing with printed logogram of proportionate size and shall also conform to Schedule P1 of the Drugs & Cosmetics Act & Rules wherever it applies. Affixing of stickers and rubber stamps shall not be accepted. 3. Failure to supply Spectacles with the logogram of proportionate size will be treated as breach of the terms of agreement and liquidated damages will be deducted from bills payable as per condition in Clause 17(5). 23

25 Tenderers who are not willing to agree to conditions above will be summarily rejected. 14. PACKING 1. The Spectacles shall be supplied in the package specified in Annexure-VII and Annexure-VIII and the package shall carry the logograms of proportionate size specified in Annexure-II. The Spectacles may also be supplied with bar coding. 2. The packing in each carton shall be strictly as per the specification mentioned in Annexure-VIII. Failure to comply with this shall lead to non-acceptance of the goods besides imposition of penalties. 3. It should be ensured that only first hand fresh packaging material of uniform size is used for packing. 4. All primary packing containers should be strictly conforming to the standard specification. 5. Packing should be able to prevent damage or deterioration during transit. 6. In the event of items Spectacles supplied found to be not as per specifications in respect of their packing, the Tender Inviting Authority/Purchaser is at liberty to make alternative purchase of the items Spectacles for which the Purchase orders have been placed from any other sources or in the open market or from any other tenderer who might have quoted higher rates at the risk and the cost of the supplier and in such cases the tender inviting authority/purchaser has every right to 24

26 recover the cost and impose penalty as mentioned in Clause QUALITY TESTING & WARRANTY 1. Samples of supplies in each batch will be chosen at the point of supply or distribution/storage points for testing. The samples will be sent to different laboratories for testing/clinical trail as decided by the Tender Inviting Authority/Purchaser. Handling and testing charges will be deducted by Tender Inviting Authority/Purchaser for the above purpose, as specified in Clause The Spectacles supplied shall carry a warranty of at least 1 year from defects arising out of materials, workmanship etc. The supplies will be deemed to be completed only upon receipt of the quality certificates from the laboratories. Samples which do not meet quality requirements shall render the relevant batches liable to be rejected. If the sample is declared to be Not of Standard Quality such batch/batches will be deemed to be rejected goods. 3. In the event of the samples of spectacles supplied failing quality tests or found to be not as per specifications, the Tender Inviting Authority/purchaser is at liberty to make alternative purchase of the items spectacles for which the Purchase orders have been placed from any other sources or in the open market or from any other tenderer who might have quoted higher rates at the risk and the cost of the supplier and in such cases the tender inviting authority/purchaser has every right to recover the cost and impose penalty as mentioned in Clause

27 16. PAYMENT PROVISIONS 1. No advance payments towards costs of spectacles will be made to the tenderer. 2. Payments towards the supply of spectacles, will be made strictly as per rules of the Tender Inviting Authority/Purchaser. 3. All bills/invoices should be raised in triplicate and in the case of excisable item bills should be drawn as per Central Excise Rules in the name of Tamilnadu Medical Services Corporation Ltd., 417, Pantheon road, Egmore, Chennai or in the name of any other authority as may be designated. 4. Payments for supply will be considered only after supply of 70% of items of spectacles ordered in the Purchase Order PROVIDED reports of Standard Quality on samples testing received from the Approved Laboratories of Tender Inviting Authority/Purchaser. 5. If at any time during the period of contract, the price of tendered items is reduced or brought down by any law or Act of the Central or State Government or by the tenderer himself, the tenderer shall be bound to inform Tender Inviting Authority immediately about such reduction in the contracted prices. Tender Inviting Authority is empowered to unilaterally effect such reduction as is necessary in rates in case the tenderer fails to notify or fails to agree for such reduction of rates. 26

28 6. (a)in case of any enhancement in Excise Duty due to notification of the Government after the date of submission of tenders and during the tender period, the quantum of additional excise duty so levied will be allowed to be charged extra as a separate item without any change in the basic of the price structure price of the spectacles approved under the tender. For claiming the additional cost on account of the increase in Excise Duty, the tenderer should produce a letter from the concerned Excise authorities for having paid additional Excise Duty on the goods supplied to Tender Inviting Authority/ Purchaser and also must claim the same in the invoice separately. (b) In case of successful bidder has been enjoying excise duty exemption on any criteria of Turnover etc., such bidder will not be allowed to claim excise duty at later point of time, during the tenure of contract, when the excise duty is chargeable on goods manufactured 17. DEDUCTION IN PAYMENTS: 1. Deleted. 2. Deleted. 3. Deleted. 4. For supply against of each indent beyond 30 th day from the indent liquidated damages is leviable at 0.5% per day subject to a maximum of 10% of value of undelivered portion of the indent. 5. If the supply is received in damaged condition it shall not be accepted. In 27

29 case of damage in the packing, the supply will be accepted only after levying penalty on the total values of supply to that the destination place. 6. All the tenderers are required to supply the product with logogram of proportionate size and with prescribed packing specification. If there is any deviation in these Tender conditions a separate damages will be 2% irrespective of the Tender Inviting Authority / Purchaser having actually suffered any damage/loss or not, without prejudice the rights of alternative purchase specified in Clause No QUALITY CONTROL DEDUCTION & OTHER PENALTIES: 1. If the successful tenderer fails to execute the agreement and/or to deposit the required security deposit within the time specified or withdraws his tender after the intimation of the acceptance of his tender has been sent to him or owing to any other reasons, he is unable to undertake the contract, his contract will be cancelled and the Earnest Money Deposit deposited by him along with his tender shall stand forfeited by the Tender Inviting Authority and he will also be liable for all damages sustained by the Tender Inviting Authority/Purchaser apart from blacklisting the supplier for a period of one year. 2. If the samples do not conform to statutory standards, the tenderer will be liable for relevant action under the existing laws and the entire stock in such batch should be taken back by the tenderer within a period of 30 days of the receipt of the letter from Tender Inviting Authority/ Purchaser. The stock shall be taken back at the expense of the tenderer. 28

30 Tender Inviting Authority/Purchaser has the right to destroy such NOT OF STANDARD Quality goods if the tenderer does not take back the goods within the stipulated time. Tender Inviting Authority/ Purchaser will arrange to destroy the NOT OF STANDARD quality goods within 90 days after the expiry of 30 days mentioned above without further notice, and shall also collect demurrage charges calculated at the rate of 2% per week on the value of the Spectacles rejected till such destruction. 3. If any items supplied by the tenderer have been partially or wholly used after supply and are subsequently found to be of inferior in quality or description or otherwise faulty or unfit for use, then the contract price or prices of such articles or things will be recovered from the tenderer, if payment had already been made to him. In other words the tenderer will not be entitled to any payment whatsoever for the goods found to be of NOT OF STANDARD QUALITY whether used or not used and the Tender Inviting Authority/ Purchaser is entitled to deduct the cost of such batch of goods from the any amount payable to the tenderer. On the basis of nature of failure, the product/supplier will be moved for Black Listing. 4. For supply of NOT OF STANDARD QUALITY of goods to TNMSC, the product shall be blacklisted by TNMSC and no further supplies accepted from them till the firm is legally discharged. The tenderer shall also not be eligible to participate in tenders of Tender Inviting Authority for supply of such items for a period of five subsequent years. 5. The tenderer shall furnish the source of procurement of raw materials 29

31 utilized for the spectacles if required by Tender Inviting Authority. Tender Inviting Authority / Purchaser reserves the right to cancel the purchase orders, if the source of supply is not furnished. 6. The decision of the Tender Inviting Authority or any Officer authorized by him as to the quality of the supplied spectacles shall be final and binding. 7. Tender Inviting Authority will be at liberty to terminate without assigning any reasons thereof the contract either wholly or in part on 30 days notice. The tenderer will not be entitled for any compensation whatsoever in respect of such termination. 8. For infringement of the stipulations of the contract or for other justifiable reasons, the contract may be terminated by the Tender Inviting Authority, and the tenderer shall be liable for all losses sustained by the Tender Inviting Authority, in consequence of the termination which may be recovered personally from the tenderer or from his properties, as per rules. 9. Non performance of any of the contract provisions will disqualify a firm to participate in the tender for the next five years. 10. In the event of making ALTERNATIVE PURCAHSE, as specified in Clause 12.12, Clause 14.6 and in Clause 15.3 the supplier will be imposed penalty apart from forfeiture of Security Deposit. The excess expenditure over and above contracted prices incurred by the Tender Inviting 30

32 Authority / Purchaser in making such purchases from any other sources or in the open market or from any other tenderer who has quoted higher rates and other losses sustained in the process, shall be recovered from the Security Deposit or from any other money due and become due to the supplier and in the event of such amount being insufficient, the balance will be recovered personally from the supplier. 11. In all the above conditions, the decision of the Tender Inviting Authority, shall be final and binding. 19. BLACKLISTING PROCEDURE The procedure of the Tamilnadu Medical Services Corporation Limited for blacklisting is in Annexure-XI. This procedure is in addition to and not in derogation of the terms and conditions of the tender documents. 20. SAVING CLAUSE No suit, prosecution or any legal proceedings shall lie against Tender Inviting Authority or any person for anything that is done in good faith or intended to be done in pursuance of tender. 21. JURISDICTION In the event of any dispute arising out of the tender such dispute would be subject to the jurisdiction of the Civil Court within the city of Chennai only. 31

33 32

34 ANNEXURE-I Ref. Clause No. 4.1 (m) FORM OR CERTIFICATE OF SALES TAX VERIFICATION TO BE PRODUCED BY AN APPLICANT FROM THE CONTRACT OR OTHER PATRONAGE AT THE DISPOSAL OF THE GOVERNMENT OF TAMILNADU. (To be filled up by the applicant) 01. Name or style in which the applicant : is assessed or assessable to Sales Tax Addresses or assessment. 02. a. Name and address of all companies, : firms or associations or persons in which the applicant is interested in his individual or fiduciary capacity. b. Places of business of the applicant : (All places of business should be mentioned). 03. The Districts, taluks and divisions in : which the applicant is assessed to Sales Tax (All the places of business should be furnished). 33

35 04. a. Total contract amount or value of : patronage received in the preceding three years. Sl. No. Financial Year Turn over b. Particulars of Sales - Tax for the preceding three years. Year Total T.O. be assessed Rs. Total Tax assessed Rs. Total Tax paid Rs. Balance due Rs. Reasons for balance Rs c. If there has been no assessment in : any year, whether returns were submitted any, if there were, the division in which the returns were sent d. Whether any penal action or : proceeding for the recovery of Sales Tax is pending. e. The name and address of Branches : if any: 34

36 I declare that the above information is correct and complete to the best of my knowledge and belief. Signature of applicant: Address: Date: 35

37 (To be filled up by the Assessing authority) In my opinion, the applicant mentioned above has been/ has not been/ doing everything possible to pay the tax demands promptly and regularly and to facilitate the completion of pending proceedings. Date Seal : Deputy / Asst. Commercial Tax - Officer Deputy Asst. NOTE: A separate certificate should be obtained in respect of each of the place of business of the applicant from the Deputy Commercial Tax Officer or Assistant Commercial Tax Officer having jurisdiction over that place. 36

38 ANNEXURE-II Ref. Clause No DECLARATION I do hereby declare that I will supply the Spectacles as per the designs given in enclosures to this Annexure and as per the instructions given in this regard. Signature of the Tenderer Name in capital letters with Designation Attested by Notary Public. 37

39 ANNEXURE-III Ref. Clause No. 4.1 (n) & Clause No: 13 DESIGNS FOR LOGOGRAMS The Spectacles should be supplied with appropriate packing which contains the following logogram. 38

40 ANNEXURE-III SPECIMEN LABEL FOR OUTER CARTON TAMIL NADU GOVT. SUPPLY NOT FOR SALE ~~~~~~~~~~~~~~~~~~~~~ SPECTACLES ~~~~~~~~~~~~~~~~~~~~~ EXP. DATE: Batch. : Mfg Date: Manufactured by 39

41 ANNEXURE-IV Ref. Clause No. 8.1 (ii) NOTARISED UNDERTAKING (In 20- Rupees stamp paper) I, S/o, Proprietor / Partner / Managing Director of (Proprietary Concern / Firm / Company Ltd.) execute this Undertaking for myself and on behalf of (Proprietary Concern / Firm / Company Ltd.). 2. Whereas, TNMSC (Tender Inviting Authority) has invited Tender for Fixing One Year Rate Contract for the supply of Spectacles and in pursuant to the conditions in the tender documents. M/s (Proprietary Concern/ Firm / Company Ltd.), having its Office at is exempted from payment of Earnest Money Deposit as indicated in the Annexure-VII of tender document. 3. And whereas, in pursuant to the conditions in Clause Nos. 8.2(iv) of the tender, the Earnest Money Deposit can be forfeited by the Tender Inviting Authority in case of violation of any of the conditions and for non-performance of the obligation under tender document. 4. In consideration of exempting M/s. (Proprietary Concern/ Firm / Company Ltd.) from payment of Earnest Money Deposit as indicated in the Annexure-IX of tender document, I undertake to pay the said sum 40

42 without any demur on receipt of demand issued by the tender inviting authority. M/s for Self and Firm / Company Ltd. Signature and Seal Witness:- (1) (2) 41

43 ANNEXURE-V Ref. Clause No. 4.1 (h) PROFORMA FOR PERFORMANCE STATEMENT (FOR A PERIOD OF LAST 3 YEARS) Name of firm Sl. Name of the product Year Qty manufactured / imported & supplied. 1. Name and full address of the purchaser Signature and seal of the Tenderer 42

44 Annexure-VI Ref. Clause. 4.1 (k) ANNUAL TURN OVER STATEMENT The Annual Turnover of M/s for the 3 years are given below and certified that the statement is true and correct. Sl.No. Year Turnover in Lakhs (Rs) Total - Rs. Lakhs. Date: Seal: Signature of Auditor/ Chartered Accountant 43

45 ANNEXURE-VII Ref Clause No. 9.1 TENDER FOR FIXING RATE CONTRACT FOR THE SUPPLY OF SPECTACLES Sl. No. Name / Specification Unit Spectacles Frame of the spectacle : Made by stainless steel material of 1.8mm x 0.8mm (22% Nickel with Zinc copper coating), Rope included, Size 38, 40, 42, 44, 46, 48 or any size suitable to the particular student,. Colour Violet, Brown, Gold, Metallic and Copper In case of high refractive errors cellulose acetate frames may be used. It should also contain code number to identity the beneficiary. Temple: Made by cellulose Acetate material with full length thickness of 2.5mm (full length prevent skin allergies at both side) Tender Qty in Nos. (Tentative) EMD (Rs.P.) 1. Spring and screw: Made by stainless steel material. Pad arm and pipe: Made of German silver with high purity. Nose pad: With high purity silicone material to prevent skin allergies. Lens Plastic: made of optical quality resin lens with optical index. CR 39 (Hard core resilience) Fittings: Lens and frames are fitted by fully automatic machine to get correct optic centre to avoid prism effect. Spectacle Box : Made of high quality plastic with logos of Government of Tamil Nadu, DPH and NRHM logos printed on it. Cover Box : Label with details of the beneficiary should be printed on it. Should be supplied in a paper box with same printed with the details of identification of the beneficiaries along with instruction leaflet to children, in Tamil/English regarding proper usage of spectacles. Any manufacturing defect in frame within 6 months should be replaced at free of cost. Random samples collected from the beneficiaries may be sent for confirmation to an accredited lab by Science and Technology Department Government of India. The type and nature of test is the prerogative of the experts of Tamilnadu Medical Services Corporation /State Health Society. Nos. 1,67,063 of various sizes as required by the end user Rs.3,50,000/- By means of demand draft only 44

46 I.SCHEDULE FOR PACKAGING GENERAL SPECIFICATIONS ANNEXURE-VIII Ref. Clause No No corrugate package should weigh more than 15 kgs (ie., product + inner carton + corrugated box). 2. All Corrugated boxes should be of `A' grade paper ie., Virgin. 3. All items should be packed only in first hand boxes 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 joined using calico at the corners. FLAP: 7. The flaps should uniformly meet but should not over lap each other. The flap when turned by should not crack. TAPE: 8. Every box should be sealed with gum tape running along the top and lower opening. 45

47 CARRY STRAP: 9. Every box should be strapped with two parallel nylon carry straps (they should intersect). LABEL: 10. Every corrugated box should carry a large outer label clearly indicating that the product is for "Tamilnadu Govt. Supply - Not For Sale". The lower one third of the large label should indicate in bold, the value of the product as depicted in Enclosure-II to Annexure-II of this document. 11. The product label on the carton should be large atleast 15cms x 10cms 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. OTHERS: 12. No box should contain mixed products or mixed batches of the same product. 46

48 ANNEXURE-IX Ref. Clause No.11.2 AGREEMENT THIS AGREEMENT made the... day of..., Between... (Name of purchaser) of... (Country of Purchaser) (hereinafter "the Purchaser") of the one part and... (Name of Supplier) of... (City and Country of Supplier) (hereinafter called "the Supplier") of the other part : WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz;. Supply of Spectacles in the tender reference No (Brief Description of Goods and Services) and has accepted a bid by the Supplier for the supply of those goods and services for the sum of...(contract Price in Words and Figures) (hereinafter called "the Contract Price"). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS : 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz. : a. The Letter of Acceptance issued by the purchaser. b. The Notice Inviting Tender c. The supplier s bid including enclosures, annexures, etc. d. The Terms and Conditions of the Contract e. The Schedule of Requirement f. The Technical Specification g. Any other document listed in the supplier s bid and replies to queries, clarifications issued by the purchaser, such confirmations given by the bidder which are acceptable to the purchaser and all the Addendum issued as forming part of the contract. 3. In consideration of the payments to be made by the Purchaser to the Supplier as 47