LAST DATE FOR RECEIPT OF TENDER: UPTO 2.30 PM

Transcription

1 qissued to M/s. Sl.No. NOT TRANSFERABLE Ref.No: 8F/RC-714/4907/ Lucknow : Dt OFFICE OF THE DIRECTOR GENERAL MEDICAL & HEALTH U.P LUCKNOW ( C.M.S.D. Section) Directorate of Medical & Health Services U.P, Swasthya Bhawan Kaisarbagh, opposite High Court, Lucknow Phone & Fax : Website: cmsd809@rediffmail.com TENDER FOR THE RATE CONTRACT OF IV FLUIDS/MEDICINES TO THE VARIOUS HOSPITALS OF DEPARTMENT OF MEDICAL AND HEALTH UTTAR PRADESH FOR THE PERIOD UPTO ONE YEAR FROM DATE OF NOTIFICATION OF RATE CONTRACT LAST DATE FOR RECEIPT OF TENDER: UPTO 2.30 PM Directorate of Medical & Health Services U.P, Swasthya Bhawan Kaisarbagh, opposite High Court, Lucknow Website: cmsd809@rediffmail.com Phone & Fax :

2 TENDER FOR THE RATE CONTRACT OF DRUGS AND MEDICINES TO THE VARIOUS HOSPITALS OF DEPARTMENT OF MEDICAL AND HEALTH UTTAR PRADESH FOR THE PERIOD LAST DATE FOR RECEIPT OF TENDER: UPTO 2:30 PM TENDER REFERENCE : Ref.No: 8F/RC-714/4907 Lucknow Dt DATE OF COMMENCEMENT OF SALE OF TENDER DOCUMENT LAST DATE FOR SALE OF TENDER DOCUMENT : : LAST DATE SUBMISSION OF SAMPLE : UPTO 5.00 PM LAST DATE AND TIME FOR RECEIPT OF TENDER : UPTO 2.30 PM TIME AND DATE OF OPENING OF TENDER : AT 3.00PM. PLACE OF OPENING OF TENDER : OFFICE OF THE DIRECTOR GENERAL MEDICAL & HEALTH U.P LUCKNOW ( C.M.S.D. Section) ADDRESS FOR COMMUNCATION : Directorate of Medical & Health Services U.P, Swasthya Bhawan Kaisarbagh, opposite High Court, Lucknow Phone & Fax : COST OF TENDER DOCUMENT : Rs.1125/- (Inclusive of Tax) NON REFUNDABLE payable in favour of Director CMSD & payable at Lucknow through Demand Daft issued by a Nationalized 2

3 Bank in India CONTENTS Sl. No Descriptions Page No. 1 Invitation For bid &last date of tender with validity of bid 2 Eligibility Criteria 3 General Conditions 4 Technical Bid Cover A 5 Price Bid Cover B 6 Opening of Cover A and Cover B of Tender 7 Earnest Money Deposit 8 EMD Exemption to Small Scale Industries 9 Other Conditions 10 Acceptance of Tender 11 Security Deposit 12 Agreement 13 Supply Conditions 14 Logograms 15 Packing 16 Quality Testing 17 Payment Provisions 18 Deduction in Payments 19 Quality Control and other penalties 20 Purchase Policy 21 Blacklisting Procedure 22 Saving Clause 23 Jurisdiction 24 Special Terms & Conditions 25 Schedule of requirement/item List 26 Annexure-I (Check List) 27 Annexure-II (Declaration Form) IIa, IIb & IIc 28 Annexure-IIIa (Declaration Form) 29 Annexure-IIIb Under taking (In 20 Rupees Stamp paper) 30 Annexure-IV (Proforma for Performance Statement) 31 Annexure-V (Annual Turnover Statement) 32 Annexure-VI (Details of require Drugs and Medicines) 33 Annexure-VII (Registration Proforma) 34 Annexure-VIIIa, VIIIb & VIIIc (Agreement and Authorization) 35 Annexure-IX (Details of Manufacturing Unit) 3

4 36 Annexure-X (Procedure for Blacklisting) 37 Annexure-XI (Bank Guarantee for Security) 38 Annexure-XII Sales Tax/Trade tax Clearance Certificate (Issued by the concerned department). 39 Annexure-XIII (Break up Details of Landed Price) 40 Annexure-XIV (Excise Free Certificate) 41 Annexure-XVa & XVb (List of Quoated Items) Tender Notice Rate Contract of Medicines 4

5 OFFICE OF THE DIRECTOR GENERAL MEDICAL & HEALTH U.P. LUCKNOW ( C.M.S.D. Section) TENDER FOR THE RATE CONTRACT OF DRUGS AND MEDICINES TO THE VARIOUS HOSPITALS OF DEPARTMENT OF MEDICAL AND HEALTH UTTAR PRADESH A INTRODUCTION 1. SCOPE OF BID Directorate General of Medical & Health Services, U.P on behalf of Governor of Uttar Pradesh (hereinafter referred to as Purchaser ), invites bids for the rate contract medicines as specified in the Schedule of Requirements. 2. FRAUD AND CORRUPTION 2.1 It is required that the Purchasers as well as Bidders/Suppliers/Contractors observe the highest standard of ethics during the procurement and execution of Contracts. In pursuance of this policy, the Purchaser: (a) (b) Defines, for the purposes of this provision, the terms set forth below as follows: (i) Corrupt practice means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in Contract execution; and (ii) Fraudulent practice means a misrepresentation of facts and / or concealment of fact in order to influence a procurement process or the execution of a Contract to the detriment of the Purchaser; it includes collusive practices among bidders (prior to or after bid submission) designed to establish bid prices at artificial, noncompetitive levels and to deprive the Purchaser of the benefits of free and open competition. Will declare a firm ineligible and debar the firm, either indefinitely or for a stated period of time, to be awarded a Contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract. In such cases, appropriate legal action as per court of law shall be initiated for which the concerned bidder shall be solely responsible. TERMS AND CONDITIONS - The Director General Medical & Health, Directorate of Medical & Health Swasthya Bhawan, Lucknow ( herein after referred as Tender Inviting Authority unless the context otherwise requires ) invites TENDER FOR THE RATE CONTRACT OF DRUGS AND MEDICINES TO DEPARTMENT OF MEDICAL & HEALTH SERVICES, UTTAR PRADESH FOR THE PERIOD OF ONE YEAR FROM DATE OF NOTIFICATION OF RATE CONTRACT. 5

6 1. LAST DATE FOR RECEIPT OF TENDERS. Sealed Tenders [in two separate covers {Technical bid (Cover A ) and Price Bid (Cover B )}] will be received till up to 2:30 P.M. by the DIRECTOR GENERAL MEDICAL & HEALTH U.P. LUCKNOW for the supply of Drugs and Medicines to MEDICAL & HEALTH Department, U.P. FOR THE PERIOD OF ONE YEAR FROM DATE OF NOTIFICATION OF RATE CONTRACT. Validity of Bid: The bid will be valid for a period of 120 days from the date of opening of Cover B (Price Bid) and prior to the expiration of the bid validity the Tender Inviting Authority may request the tenderers to extend the bid validity for another period of 30 days. The tenderer may refuse extension of bid validity without forfeiting the Earnest Money deposit. 2. ELIGIBILITY CRITERIA (a) Tenderer shall be a manufacturer having valid manufacturing license or direct importer holding valid import license. (Distributors / Suppliers / Agents / Sister Concerns / Associate Company/ Division/ Institutions are not eligible to participate in the Tenders). (b) The bidder must have minimum annual turnover of Rs. 01 (One crore) in each year of last three consecutive , & consecutive financial years since current financial year. Audit report of CA must be annexed. (c) (i) The Tenderer should have experience of three years in manufacturing & sale. The certificate duly certified State Drug Controlling Authority of the concerned state where the firm exists is mandatory to submit along with the bid. (ii) Tenderer should have permission to manufacture the item /drug quoted as per specification in the tender from the competent authority. (d) Tender should not be submitted for the product / products for which the concern / company has been blacklisted / debarred either by Director General Medical & Health U.P or by any other State / central government s organization. Failing which or submitting fake documents will lead to forfeit of EMD and Security deposit and ensue legal proceedings against the firm. (e) The manufacturer must have to submit Production Certificate of the quoted product issued by Drug Controller/Licensing authority. (f) The firms should have to supply medicines at District Head Quarters through depot situated in U.P. State. So Depot License is necessary. (g) Tenderer should have under revised schedule M G.M.P./ W.H.O. G.M.P. and G.L.P. Certificate. (h) Tenderer should have a valid FFS Certificate if they are Tendering for Eye & Ear drop / I.V. Fluids. 3. GENERAL CONDITIONS. 6

7 On behalf of Hon ble Governor Uttar Pradesh tenders are invited for medicines Rate Contract for a period up-to one year from date of notification of rate contract. The tenderer must be noted that:- 1. All the entries in the tender should be filled by typing. 2. In financial bid of tenders, rate must be quoted according to the packing only as per the requirement of the tender. 3. The rate must be filled as actual cost and excise duty must be separate as per establishment of the firm in its State. If excise duty is nil or any other exemptions are given then it must be supported by certificate from excise department. 4. The evaluation will be done on Landed Price of Drug which will include the basic price of drug + excise duty + Tax. 5. Supply should be same according to the sample deposited at the time of tender. and must contain at least 95% bio availability of the drug. 6. The firm should provide an affidavit on stamp paper Rs. 100/- duly notarized that the quoted rates are not higher than the existing L-1 contract of rate of E.S.I, D.P.C.O., D.G.S. & D. as well as Whole sale, market rates. 7. It should be clearly mentioned on affidavit as in clause 3.6, that the Firm has not supplied the item quoted lower than rates submitted in this tender in U.P. State. The coated Medicines are not found Spurious/Sub-Standard in India for last three years. 8. Medicines under rate contracts have to be supplied at district Head Quarters without any additional charges (F.O.R. destination). 9. Firms should give an affidavit that there is no Court Case/ Vigilance Case/CBI Case pending against the firm. All the documents given in the tender are true. If found false/fake the person who is giving affidavit is fully responsible Any action taken against person/firms will have to be be accepted by the firm..(court case means criminal case against firm/board of director/directors/principle stock holder as per relevant laws.) 10. Shelf Life: - The date of manufacture and batch number will have to be marked of labels affixed to the packing of each article at the time of supplies. Supplies shall be made of the latest batch and with date of expiry clearly mentioned on label and in any case on the date of supply remaining shelf life should not be less than 75% and should be within six months of manufacturing. 11. Firms must be registered with DGS&D, NSIC, DISPS Kanpur if taking EMD relaxation. 12. As per the letter No. 4196/SPS dated of Department of Industries, SSI (Small Scale Industries) with up to date Registration Certificate of General Manager District Industries, will also be eligible. 13. Tenderer firms with minimum turnover of Rs. 1 crore have to be registered with the department. Registration fee is Rs. 7000/-. The registration may be renewed after every 3 years with renewal fee of Rs. 5000/-. Proforma for registration is enclosed as enclosure No.VII for non registered firms and for firms who s registration needs renewal. 14. Conditions/Annexure related to Quantity Contract will not be applicable in this Rate Contract Tender Form. 15. The person/authorized officer who is filling tender for the manufacturer must be duly authorized by board of directors of the manufacturing firm with his name, address, and mobile number and photograph duly attested. One copy of authorization must be attached with technical bid and the other copy must be present with the person as his identity card (Annex-VIII b & VIIIc). 4 PREPARATION OF BID: Quotations must be sent in three parts. (i) (ii) (iii) Earnest money Technical Bid Financial Bid 7

8 Earnest money (COVER-A) Technical Bid (COVER - B) D G (M&H) U.P. R.C. Bid Document of Drug The documents as per the tender notice except the rate shall be kept in the envelop of Technical Bid. The papers concerning the technical bid shall be prepared in duplicate shall be kept in the separate envelops marked Technical Bid Original copy and Technical Bid Duplicate copy respectively both the envelops shall be properly sealed and tender number, date & name of tendering firm shall be written on the envelop and shall be signed by the authorized signatory of the tendering firm. Rates shall not be mentioned in the technical bid. If the tender mentions the rates in the Technical bid, the tender of such Tenderers shall be cancelled. Financial Bid (COVER - C) Financial bid shall be submitted on the prescribed Proforma in duplicate. The original copy of the financial bid shall be kept in a properly sealed envelop. The papers concerning the shall be prepared in duplicate and a soft copy in C.D. shall be kept in the separate envelops marked Financial Bid original copy shall be written in the envelop along with tender number, date and name of tendering firm and signed by authorized signatory of the firm, similarly the duplicate copy of the financial bid shall be kept in a separate properly sealed envelop. Financial bid duplicate copy shall be written on the envelop along with tender number, date name of the manufacturing firm and shall be signed by the authorized signatory. The two properly sealed envelop of Technical bid clearly mentioning Original & Duplicate plus two properly sealed envelop of Financial Bid clearly mentioning original and duplicate copy shall be kept in a separate properly sealed bid envelop Tender No., Date, Name of Tendering Firm, Date of opening of tender shall be written on this envelop and signed by the authorized signatory of the firm date and the envelop must be super scribed. 4.1 The tenderer should furnish the following in a separate cover here after called All annexure and Check list sheet is mandatory to fill & the documents of Technical bid should be arranged in accordance to check list. Earnest money (COVER-A) Earnest Money Deposit, will be deposited as per under clause (7 & 8), in the form of FDR/TDR/BANK GAURANTEE pledged to DIRECTOR GENERAL MEDICAL & HEALTH SERVICES, U.P LUCKNOW payable at LUCKNOW. Also the Bank Draft of Rs should be enclosed in the envelop. Technical Bid "Cover B": (a) Documentary evidence for the constitution of the company /concern such as Memorandum and Articles of Association, with details of the Name, Address, Bank Account No., Telephone Number, Fax Number, address of the firm and of the Director General / Partners / Proprietor. 8

9 (b) The tenderer should furnish attested photocopy of License for the product duly approved by the Licensing authority for each and every product quoted as per specification in the tender. The license must have been duly renewed up-to date and the items quoted shall be clearly highlighted in the license. (c) Attested photocopy of import license if the product is imported. The license must have been renewed up to date. A copy of a valid license for the sale of Drugs imported by the firms issued by the licensing authority shall be enclosed. (d) The instruments such as power of attorney, resolution of board etc., authorizing an officer of the tenderer should be enclosed with the tender and such Authorized Officer of the Tenderer should sign the tender documents. (e) The person/authorized officer who is filling tender for the manufacturer must be duly authorized by board of directors of the manufacturing firm with his name, address, and mobile number and photograph duly attested. One copy of authorization must be attached with technical bid and the other copy must be present with the person as his identity card(annex-viiic). Only this authorized officer of the manufacturing firm will be allowed to transact the business with the Tender Inviting Authority. Annex-VIIIa, VIIIb & VIIIc (f) Market Standing Certificate issued by the Licensing Authority as a Manufacturer for each drug quoted for the last 3 years (Certificate should be enclosed with list of items). In case of direct importer, evidence for importing the said items for the last three years should be submitted. (g) True copy of record of manufacture / import to establish 3 years market standing as in Annex-IV. (h) Non-conviction Certificate issued by the Drugs Controller of the state certifying that the drugs quoted (along with list of items) have not be cancelled for last three years. (i) Current Good Manufacturing Practices Certificate (GMP) as per revised Schedule- M /WHO GMP and GLP (for manufacturers only) issued by the Licensing Authority. (j) Firms should give an affidavit that company is not blacklisted and there is no Court Case/ Vigilance Case/CBI Case pending against the firm. All the documents given in the tender are true. If found false/fake the person who is giving affidavit is fully responsible. Any action taken against person/firms will be accepted..(court case means criminal case against firm/board of director/directors/principle stock holder as per relevant laws.) (k) Annual turnover statement for LAST 3 years i.e., in the format given in Annex-V certified by the Chartered Accountant. (l) Copies of balance Sheet and Profit and Loss Account for last three years and certified by the Auditor. (m) Latest Sales Tax Clearance certificate. (n) Undertaking (as in the Proforma given in Annex-IIb & IIc) for embossment of logo on strip of tablets, capsules, on vials, Ampoules, bottles, tubes etc. as the case may be, and for supply of tablets/capsules in strips as per conditions specified at Clause 14 herein, notarized by the Notary Public. 9

10 (o) Details of Manufacturing Unit in Annex-IX. 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 drugs (Employee Name, Qualification, Experience) as endorsed in license. (r) The list of items quoted with details as shown in Annex XVa & XVb (Annex-XVb should not be enclosed in the Technical Bid as it contain rates) (s) The tender document should be signed by the tenderer in all pages with office seal. (t) A Checklist (Annex-I) for the list of documents enclosed with their page number. The documents should be serially arranged as per this Annex-I and should be securely tied or bound. The above documents should be sealed in a separate Cover one for technical bid and other for financial bid(duplicate copies) First cover to be Super scribed as "TECHNICAL BID - COVER A - TENDER FOR THE SUPPLY OF DRUGS AND MEDICINES TO DIRECTOR GENERAL MEDICAL & HEALTH SERVICES, U.P. LUCKNOW FOR THE PERIOD OF ONE YEAR FROM DATE OF NOTIFICATION OF RATE CONTRACT DUE ON AT 3.00.P.M. AND ADDRESSED TO THE DIRECTOR GENERAL, MEDICAL & HEALTH SERVICES, U.P. LUCKNOW. 5. (1). PRICE BID - COVER C Cover C contains Price Bid of the Tenderer as per following: (i) Bid should be type written and every correction and interlineations in the bid should be attested with full signature by the tenderer, failing which the bid will be ineligible. (ii) Each page of the price bid should be duly signed by the tenderer affixing the office seal. (iii) The tenderer shall fill up the rate in the Annex-XIII for items quoted duly signed by Competent Authority and also in the Compact Disc (CD) and such filled up Annex-XIII along with the Compact Disc (CD) (Soft Copy) should also be entered clearly in the Compact Disc (CD) as EXCEL sheet version 2003 & as per the instructions given along with the tender. (iv) Rate must be quoted F.O.R. destination to the various District Hospitals in U.P. Rates must be quoted strictly as per Proforma Annex-XIII enclosed for tendering quotations. Trade Tax and excise duty, if any, must be shown separately, if it is directly leviable on the item, the excise duty charge on the raw materials direct or indirect shall not be payable. The supplying firm will be required to give a certificate to the Concerning Authority at the time of receive of the payment that the amount claimed by them as sales Tax and excise duty has already been paid by them to the government. When Sales Tax or Excise Duty is not 10

11 leviable, it should be clearly mentioned in financial Bid of the tender and certificates from relevant authority must be attached. (v) The rate quoted in column 9 of Annex-XIII should be for a unit packing and as per given specification. The tenderer is not permitted to change / alter specification or unit size given in the tender list of items. If the rates are quoted for packing other than asked for then the financial bid of that drug will be disqualified as no interpolation for reaching the asked unit price are allowed and the decision will have to be accepted by the manufacturing firm. (vi) The tenderer is required to furnish the break up details of landed price in as per Proforma of Annex-XIII only. (vii) The rates quoted in 9 of Annex-XIII are final. (viii) The details of rates and manufacturing capacity given in Annex-XIII should also be entered clearly in the Compact Disc (CD) as EXCEL sheet version 2003 & as per the instructions 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 17.5). (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 Tender. (xii) The bidder who has quoted excise NIL in Annex-XIII and the item is found excisable later on, on award of contract, will be eligible for payment only on production of invoices drawn as per Central Excise Rules and the case will be referred to excise department for necessary action. 5. (2). The tenderers shall submit duly signed Annex-XIII and soft copy of Annex-XIII (Compact Disc (CD)) in a sealed cover Superscribed as PRICE BID COVER C - TENDER No-RC-714/4907 Dated FOR THE SUPPLY OF DRUGS AND MEDICINES TO DIRECTOR GENERAL MEDICAL & HEALTH SERVICES, U.P. LUCKNOW FOR THE PERIOD OF ONE YEAR FROM DATE OF NOTIFICATION OF RATE CONTRACT DUE ON AT P.M. The "Cover C" should also be addressed to the DIRECTOR GENERAL MEDICAL & HEALTH SERVICES, U.P. LUCKNOW 5 (A). Three separately sealed covers {Earnest Money (Cover A ) and {Technical bid (Cover B ) {Refer ClauseNo.4.2} and Price Bid (Cover C )} { Refer clause 5.(2) } shall be placed in a cover which shall 11

12 be sealed and Super scribed as TENDER FOR THE SUPPLY OF DRUGS AND MEDICINES TO DIRECTOR GENERAL MEDICAL & HEALTH SERVICES, U.P. LUCKNOW FOR THE PERIOD OF ONE YEAR FROM DATE OF NOTIFICATION OF RATE CONTRACT DUE ON AT 3.00.P.M. and addressed to DIRECTOR GENERAL MEDICAL & HEALTH SERVICES, U.P. LUCKNOW which shall be submitted with in the date and time as specified earlier. 6. OPENING OF COVER B AND COVER C OF TENDER (a) All tenderers are entitled to be present at the date and time for opening of Technical Bid - Cover B of the tender submitted by them. (b) Tenderers who will be found eligible on satisfying the criteria for technical evaluation and inspection will be invited to be present at the date and time for opening of Price Bid - Cover C of the tender. 7. EARNEST MONEY DEPOSIT fufonk izi= ds lkfk bz0,e0mh0 #i;s 5000@& gksxh o #0 50]000@& ¼#i;s ipkl gtkj½ dh vuszlv euh tks,qmhvkj vfkok csad xkjuvh ds #i esa gksxh dks fufonk izi=ksa ds lkfk tek fd;k tkuk vfuok;z gksxka cxsj vuszlv euh ds dksbz fufonk Lohdkj ugh gksxha 8. EARNEST MONEY DEPOSIT RELAXATION (A) The all units who are entitled for relaxation of EMD will be required to execute proper undertaking to the effect that in the event of non fulfillment or non observance of the any of the condition stipulated in the contract, the SSI unit shall pay penalty, & amount equivalent to the EMD or an amount equal to the actual loss incurred by the tenderer consequent on such beach of contract whichever is less. (B). (i) The tenders submitted without sufficient EMD will be 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 C (Price Bid) unless extended as mentioned in clause 1(b) which ever is earlier. (iv) The Earnest Money Deposit of the Tender will be forfeited without further notice, if it is found that the manufacturing unit does not comply with GMP and GLP. (v) The earnest money will be forfeited and other penal actions will be taken, if it is found that any violation of tender condition have been committed. (vi) 12

13 9. OTHER CONDITIONS 1.a The details of packing requirements of drugs/medicines etc., are shown in Annex-VI. 1.b 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 of drugs. The tenderers should quote the rates for the generic products. 3. Only Basic Rates, Excise Duty, VAT/C.S.T., and Landed price for F.O.R destination have to be given, separately on door delivery basis according to the unit ordered. Re-tender for the supply of drugs, medicines, etc. 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. 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 the tenderer. 5. 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 of drug policy of Government of U.P issued by GO no. 835/five (14)04, dated 16 Jun, 2012 can be seen on website// 6. The rates quoted and accepted will be binding on the tenderer during validity of the bid and any increase in the price will not be entertained till the completion of this tender period. 7. No tenderer shall be allowed at any time on any ground whatsoever 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 opening of technical bid. Cross Conditions such as SUBJECT TO AVAILABILITY SUPPLIES WILL BE MADE AS AND WHEN SUPPLIES ARE RECEIVED etc., will not be considered under any circumstances and the tenders of those who have given such conditions shall be treated as incomplete and Tender will be summarily rejected. 8. The drug formulation like injection, oral drugs and tablets, rates should be quoted only for the composition stated in the tender. Blood products should be supplied only after getting HIV and Hepatitis-B screening certificate. A copy of these Certificates should be sent with every consignment and every invoice. 9. Supplies should be made directly by the bidder and not through any other agency. 13

14 10. 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. 11. Any representations by the firm will be accepted within 5 days from date of opening of financial bid only. 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. Tender Inviting Authority reserves the right to accept the tender or to reject the tender for the supply of all items of drugs or for any one or more of the items of drugs tendered for in a tender without assigning any reason. 3. 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. 4. The acceptance of the tenders will be communicated to the successful tenderers in writing. 11. SECURITY DEPOSIT The Successful tenderer shall be required to pay Security Deposit as detailed below: The Security Deposit should be paid upfront in respect of each contract on or before the due date fixed by Tender Inviting Authority in the form of Bank Guarantee of any Nationalized /Scheduled bank in favor of the Director General MEDICAL & HEALTH SERVICES U.P. LUCKNOW. The firms with L-1 will have to deposit Security Money at the rate of Rs. 50,000/- per Item. The above security will be deposited by the selected bidder in form of Bank Guarantee of any Nationalized / Scheduled bank in the favour of Director General Medical & Health Services, U.P. 12. AGREEMENT (a) Security deposited in the shape of Bank guarantee agreement will be prepared on Non Judicial paper of Rs. 125/- (only Performa of bank guarantee is enclosed here with as Annex-XI) with such modification if in which Government Convener U.P. may make any amendments in the agreement in form or the conditions of contract, shall be binding on the Tenderer. If so required by the Director, the successful Tenderer will have to pay the requisite conveyance fee. 14

15 (b) 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. 13. SUPPLY CONDITIONS & DELEVERY SCHEDULE 1. Purchase orders will be placed on the successful tenderer at the discretion of the Peripheral Officers all hospital of U.P. The tenderer shall furnish the delivery schedule immediately on receipt of an order. 2. The Drugs and medicines supplied by the successful tenderer shall be of the best quality and shall comply with the specifications, stipulations and conditions specified in the Annexure. 3. Delevery Schedule: The supply of the Drugs should be completed within 30 days from the date of receiving of the purchase order. DPICS software has been launched and purchase order will be given by this software alone, which will automatically be seen by the firm immediately. In case for any reason the order is not placed through DPICS software of CMSD then order has to be given electronically directly to the manufacturer by at address of manufacturer mentioned in rate contract and the sending authority will ensure that bounce back has been checked. A onetime grace of maximum 15 days can be allowed in special circumstances by Indenting Authority on submission of proper documentary proof for supply of medicine after that the medicine will be considered as non supplied. 4. However Indenting Authority may accept the supplies up to 60 th day, with liquidated damages at the rate SPEICIFIED IN clause 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 medicines and Drugs (covered in SCHEDULE P of Drugs and Cosmetics Act) should have a maximum potency throughout the shelf life period as prescribed in the Drugs and Cosmetics Act 1940 and rules there under. All other items of drugs and medicines should have self life as mentioned clause The tenderer must submit a Test Analysis report from N.A.B.L. certified Laboratory for every batch of drug along with invoice. The authority may take the sample at local level and get them tested at any point of time. 7. If the tenderer fails to execute the supply within the stipulated time, the Indenting Authority is at liberty to make alternative purchase of the items of drugs and medicines for which the Purchase orders have been placed, according to provisions available in drug procurement policy of the state at the risk and at the cost of the supplier and in such cases the Indenting Authority 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 tenderer as specified at clause 19/10. Apart from risk / alternate purchase action, the tenderer shall also suffer forfeiture of the Security Deposit and shall invite 15

16 other penal action like blacklisting / disqualification from participating in present and future tenders of Tender Inviting Authority clause under sec 20 annexure X. 9. It shall be the responsibility of the tenderer for any shortages / damage at the time of receipt in Hospitals. Tender Inviting Authority is not responsible for the stock of drug received, for which no order is placed. 10. The tenderer shall take back Drugs, which are not utilized by the Indenting Authority within the shelf life period based on mutual agreement. 11. If at any time the tenderer has, in the opinion of the Indenting Authority, 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, the time for making supply may be extended by the Indenting Authority at its discretion for such period as may be considered reasonable. The exceptional causes does not include the scarcity of raw material, power cut, labour disputes. 12. 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 in any trade or business or transactions nor 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 with out the prior consent in writing of the Tender Inviting Authority. 14. LOGOGRAMS It will be compulsory for the firm to print UPGS Not For Sale on the strips foil and Labels of Amp., Vials, Bottles, Phials, Boxes and outer cartons, in distinct color preferably red on yellow background (Annex-IIa, IIb & IIc). 15. PACKING 1. The Drugs and medicines shall be supplied in good package and the package shall carry the logograms specified in Annex-II. 2. The cap of bottles preparations should not carry the name of the supplier. 3. The labels in the case of injectable should clearly indicate whether the preparations are meant for IV, IM, SC, etc. 5. The capsule shall have the name of the drug, in addition to the logo. 6. It should be ensured that only first hand fresh packaging material of uniform size including bottle and vial is used for packing. 7. All primary packing containers should be strictly conforming to the specification included in the relevant pharmacopoeia. 16

17 8. Packing should be able to prevent damage or deterioration during transit. 9. In the event of items of drugs supplied found to be not as per specifications in respect of their packing, the Indenting Authority is at liberty to make alternative purchase of the items of drugs and medicines for which the Purchase orders have been placed, according to provisions available in drug procurement policy of the state at the risk and the cost of the supplier and in such cases the tender inviting authority has every right to recover the cost and impose penalty as mentioned in Clause QUALITY TESTING 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 as decided by the Tender Inviting Authority. Handling and testing charges will be deducted by Tender Inviting Authority for the above purpose, as specified in Clause The Drugs shall have the active ingredients at the maximum permissible level throughout the shelf life period of the drug. The samples will be drawn periodically throughout the shelf life period. The supplies will be deemed to be completed only upon receipt of the quality certificates from the NABL approved laboratories. Samples which do not meet quality requirements shall render the relevant batches liable to be rejected. If sample is declared to be Not of Standard Quality or spurious or adulterated or mis-branded, such batch/batches will be deemed to be rejected goods. 3. In the event of the samples of Drugs and medicines supplied failing quality tests or found to be not as per specifications the Indenting Authority is at liberty to make alternative purchase of the items of drugs and medicines for which the Purchase orders have been placed, according to provisions available in drug procurement policy of the state and the risk and cost of the supplier and in such cases the tender inviting authority has every right to recover the cost and impose penalty as mentioned in Clause The supplier shall furnish to the purchaser the Evidence of bioavailability and/or bio-equivalence for certain critical drugs will be supplied by the Supplier upon request. 5. The supplier shall furnish Evidence of basis for expiration dating and other stability data concerning the commercial final package will be supplied by the Supplier upon request by the Purchaser. 17. PAYMENT PROVISIONS 1. No advance payments towards costs of drugs, medicines etc., will be made to the tenderer. 2. Payments towards the supply of drugs, medicines, will be made strictly as per rules of the Indenting Authority. All payments shall be made by way of NEFT drawn in favour of the manufacturing firm only after submission of testing reports of NABL certified lab by the consignee within 30 days. Firm will have to give a discount of half percent in case the payment is made within 30 days. 17

18 Provisions for electronic transfer of funds are in place and hence payment through NEFT should be made on priority and first supplied first payment basis to the firms. The (CRN) Credit note number of NEFT receipt must be made known to the firm. The TIN number should also be made known to the firm if any VAT deduction has been made along with VAT deduction certificate. The Payment should be made in the manufacturing firm s Bank Account no. which was provided by the firm & mentioned in tender and notified in Rate contract. 3. All bills/ Invoices should be raised in triplicate and in the case of excisable Drugs and Medicines the bills should be drawn as per Central Excise Rules in the name of Consignee with a copy to indenter Director CMSD Lucknow. 4. 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. 5. (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 price structure of the Drugs 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 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 currency of contract, when the excise duty is chargeable on goods manufactured. 18. DEDUCTION IN PAYMENTS: 1. If the supply reaches the concerned consignee/ hospitals as mentioned in the consignee list between 5 PM of the 30th day and 5 PM of 60 th day from the date of purchase order, a liquidated damages will be levied at@ 0.5% per day for delayed supply up-to a maximum of 15%, irrespective of the Indenting Authority having actually suffered any damage/loss or not, on account of delay in effecting supply. 3. If there is any unexecuted orders after 5 PM of 60 th day from the date of purchase order, the order shall stand cancelled automatically after levying 20% on the value unexecuted order and such penalty is recoverable from any amount payable to the supplier. 18

19 4. Indenting Authority has every right to receive supply even after expiry of 60 days from the date of Purchase order and in such case; liquidated damages will be levied at 0.5% per day but subject to maximum of 20% of value of delayed supply. 5. If the supply is received in damaged condition it shall not be accepted. In 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 and with prescribed packing specification. If there is any deviation in these Tender conditions a separate damages will be 2% irrespective of the Indenting Authority 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 apart from blacklisting the supplier and will be debarred from bidding for a period of three years. 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. The stock shall be taken back at the expense of the tenderer. Tender Inviting Authority has the right to destroy such NOT OF STANDARD DRUGS if the tenderer does not take back the goods within the stipulated time. Tender Inviting Authority will arrange to destroy the NOT OF STANDARD drugs 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 drugs rejected till such destruction. 3. If any items of Drugs / Medicines supplied by the tenderer have been partially or wholly used or consumed after supply and are subsequently found to be in bad odour, unsound, inferior in quality or description or otherwise faulty or unfit for consumption, 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 Items of drugs found to be of NOT OF STANDARD QUALITY whether consumed or not consumed and the Indenting Authority is entitled to deduct the cost of such batch of drugs from the any amount payable to the tenderer. On the basis of nature of failure, the product /supplier will be moved for Black Listing. 19

20 4. For supply of drugs of NOT OF STANDARD QUALITY the Director of Drugs Control will be informed for initiating necessary action on the tenderer and that product shall be blacklisted and no further supplies accepted from him till he is legally discharged. The tenderer shall also not be eligible to participate in tenders of Tender Inviting Authority for supply of such Drugs for a period of five subsequent years. 5. The tenderer shall furnish the source of procurement of raw materials utilized in the formulations if required by Indenting Authority. Indenting Authority 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 drugs, medicines etc., shall be final and binding. 7. Tender Inviting Authority will be at liberty to terminate without assigning any reasons there of 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 three years. 10. In the event of making ALTERNATIVE PURCAHSE, as specified in Clause 13.8, Clause 15.9 and in Clause 16.3 the supplier will be imposed penalty apart from forfeiture of Security Deposit. The excess expenditure over and above contracted prices incurred by the Indenting Authority 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. 20. BLACKLISTING PROCEDURE: The procedure of the MEDICAL & HEALTH U.P. LUCKNOW for blacklisting is in Annexure-X. This procedure is in addition to and not in derogation of the terms and conditions of the tender documents. 21. JURISDICTION 20

21 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 Lucknow only. 22. FORCE MAJEURE 22.1 If, at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (hereinafter referred to as events) provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of the Purchaser as to whether the deliveries have been so resumed or not shall be final and conclusive. Further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may, at its option, terminate the contract Provided, also that if the contract is terminated under this clause, the Purchaser shall be at liberty to take over from the Supplier at a price to be fixed by the purchaser, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in course of manufacture which may be in possession of the Supplier at the time of such termination or such portion thereof as the purchaser may deem fit, except such materials, bought out components and stores as the Supplier may with the concurrence of the purchaser elect to retain. 23. TERMINATION FOR DEFAULT 23.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the supplier, terminate this contract in whole or in part a) if the supplier fails to deliver any or all of the goods within the time period(s) specified in the contract, or any extension thereof granted by the purchaser pursuant to GCC Clause19; b) if the supplier fails to perform any other obligation(s) under the Contract; and c) if the supplier, in either of the above circumstances, does not remedy his failure within a period of 15 days (or such longer period as the purchaser may authorize in writing) after receipt of the default notice from the purchaser. d) If the Supplier, in the judgment of the Purchaser, has engaged in corrupt and fraudulent practices in competing for executing the Contract, pursuant to ITB Clause In the event the purchaser terminates the contract in whole or in part pursuant to GCC Clause 22.1 the purchaser may procure, 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 cost for such similar goods. However the supplier shall continue the performance of the contract to the extent not terminated. 23.3In the event, any sums found due to the Purchaser / Government under or by virtue of the fulfillment of contractual obligations, these shall be recoverable from the Supplier and his / its properties, movable and immovable, under the provisions of the Revenue Recovery Act, for the time being in force as tough as they are arrears of land revenue or in any manner and within such time as the Purchaser / Government may deem fit. Any sum of money due and payable to the Supplier from Government / Purchaser may be adjusted against sum of money due to the Supplier under any other contract. 24. TERMINATION FOR INSOLVENCY The Purchaser may at any time terminate the Contract by giving written notice to the Supplier, without compensation to the supplier. If the supplier becomes bankrupt or otherwise insolvent as declared by the competent court 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. 21