EMPLOYEES' STATE INSURANCE CORPORATION AYUSH Division, Room No. 315, Panchdeep Bhawan, C.I.G. ROAD, NEW DELHI Website:

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1 R.C No: Homoeo -1 Online and Downloaded EMPLOYEES' STATE INSURANCE CORPORATION AYUSH Division, Room No. 315, Panchdeep Bhawan, C.I.G. ROAD, NEW DELHI Website: e-tender enquiry No.U-16/13/6/3/2016-AYUSH-Homoeo-RC-1 Dated: 24/08/2018 On behalf of the Director General, Dy. Medical Commissioner (AYUSH) invites online tenders for DG ESIC Rate Contract No. Homoeo -1 for supply of Homoeopathic Drugs for use in ESI institutions all over India, through e-procurement portal of ESIC - along with hard copy of the following documents in a sealed envelope superscribed as e- Tender Enquiry No. U-16/13/6/3/2016-AYUSH-Homoeo-RC-1 SUMMARY OF DG ESIC RATE CONTRACT NO. HOMOEO - 1 I. It is proposed to enter into a Running Rate Contract with Homoeopathic Pharmaceutical firms which fulfill the eligibility criteria approved by ESI Corporation for supply of Homoeopathic drugs enumerated in the Drug schedules annexed (Annexure B-I - Classical Drugs & Annexure B-II - Drugs as per Disease & Symptoms Category.) The eligibility criteria have been given in the terms and conditions. Firms intending to participate in the rate contract should first ensure that they fulfill all the eligibility criteria as prescribed under the enclosed terms and conditions; otherwise the tenders will be summarily rejected. II. The Rate Contract will be governed by the terms and conditions enclosed with this Tender Enquiry and no modifications / alterations etc. are allowed in any case. If any modification / alteration is proposed or any other condition advanced by the tenderer, it shall be ignored and the tenderer will be bound by the terms of tender notwithstanding any modification/alteration etc. proposed by them. III. Tenderer is therefore advised to tender rate quotations only if the terms and conditions as prescribed by Corporation are acceptable to them in its entirety and they fulfill all the eligibility criteria. IV. To participate in e-tender, tenderer should register at and Bidder needs to submit Bid Processing Fee charges of Rs. 2495/- (non-refundable) in favour of M/s. C1 India Pvt. Ltd., payable at New Delhi via Online Payment Modes such as Debit Card, Credit Card or Net Banking for participating in the Tender. The tenderers should complete all stages of online bid submission through e-procurement portal of ESIC i.e. Tenderers should not wait for the last date. They are requested to complete the process of online bid submission well before the closing date, in order to safeguard their own interest. It is mandatory for all tenderers to have valid Class III B Digital Signature Certificate (both with signing and encryption component) from any certifying agency as per Information Technology (IT) Act, 2000 for submitting e-bid at the ESIC e-procurement Portal ( V. Evaluation & finalization of Rate Contract will be based on e- bid submitted by the bidder. It is the sole responsibility of the bidder to scan and upload clear and legible documents for the purpose of evaluation. Any deficiency in the document submitted by the Page 1 of 39

2 bidder shall lead to disqualification/rejection of the bidder and shall be the sole responsibility of the bidder. VI. a) Pharmaceutical firms (except MSE firms) should have a minimum annual turnover of Rs.1.00 Crore (Rupees One Crore only) for Homoeopathic formulations in each of the last three preceding financial years i.e , & to be eligible for participation in ESI Rate Contract. b) MSE Firms should have a minimum annual turnover of Rs.50 Lakhs (Rupees Fifty Lakhs only) for Homoeopathic formulations in each of the last three preceding years i.e , & to be eligible for participation in ESIC Rate Contract. c) MSE Firms should have valid MSE Registration Certificate along with latest Renewal certificate. d) Startup Firms of Homoeopathic drug manufacturing companies of Indian Origin should have minimum annual turnover of 25 lakh for the last one financial year. The startup firms must be established in last 3 years. VII. Tenderers should submit the following It is mandatory for all Bidder/Tenderers to submit one sealed envelope containing a) Original Demand Draft of Rs.1,00,000/- (Rs. One lakh only as EMD or a Valid Registration Certificate along with latest renewal certificate as a Micro and Small Enterprise or as Startup Firm. Single sealed envelope superscribed with the e-tender No, Date & Time of the opening of the Tender. The above documents should be placed in one sealed envelope superscribed e-tender no. U-16/13/6/3/2016-AYUSH-Homoeo-RC-1 FOR SUPPLY OF HOMOEOPAHTIC DRUGS due on 08/10/2018 at A.M. and addressed to Dy. Medical Commissioner (AYUSH) & should be handed over personally to DMC (AYUSH) Office under receipt at Room No. 315, 3 rd floor, ESIC Hqrs. Office, Panchdeep Bhawan, CIG Road, New Delhi on or before 08/10/2018 at AM. Complete address of the Tenderer should also be mentioned on the envelope. Micro and Small Enterprise or Startup Firm should also superscribe the Tender as MSE Firm or Startup Firm VIII. Online Technical Bid The bidder should upload all the certificates / documents for the items tendered online in Technical Bid. The tenderer should ensure and submit the following certificates/documents for the drugs tendered online in Technical Bid. The tender shall be liable to be rejected if complete documents/certificates/annexure are not uploaded or EMD is not submitted in time. Page 2 of 39

3 a) Firm should have a valid drug manufacturing license from the State Drug Controller / State Licensing Authority for the drug/drugs quoted and must submit an attested copy of the same. b) Valid GMP Certificate as per Schedule M1 of the Drugs and Cosmetics Act, 1940, Rules, 1945 and thereafter in force. c) Drug number/code as per tender enquiry should be clearly marked and highlighted with fluorescent marker pen in the GMP, Drug License, Manufacturing and Marketing Certificate documents uploaded. d) Firm should submit a Non-conviction certificate issued by the State Drug Controller / State Licensing Authority, to the effect that the manufacturer has not been convicted under the Drugs and Cosmetics Act, 1940 and rules there under during the preceding three years for any of the drugs, for which the tenderer has quoted price and that no case / proceedings is pending against the manufacturer in any Court of Law in India under the Drugs and Cosmetics Act. Non-Conviction Certificate must have been issued on or after 31/03/2018 from the Drug Controller of the concerned State/State Licensing Authority. e) The list of items for which the offer is being made should be given as per the format given in Annexure-A. All the columns of Annexure-A should be properly filled up and no column should be left blank. f) Manufacturing and marketing certificate for the last three years from the State Drug Controller/State Licensing Authority in the prescribed proforma (Annexure- B-I & B-II, copy of which is enclosed) for the drug/drugs quoted. The Certificate should have been issued recently (not more than one year old). The certificate is to be signed by Drug Controller of the State/State Licensing Authority. g) Each and every paper/page of the tender documents should be serially numbered and duly signed by the tenderer in accordance with the provision contained in clause 19 of the Terms & Conditions. A proper catalogue/checklist must be enclosed in chronological order with page number. (Reference checklist page no. 28 to 29). h) Tender may also be rejected, if it is not uploaded by the date and time prescribed for acceptance and any of the documents listed is either not uploaded or uploaded but it is not in proper format/properly attested/not signed by authorized/ competent officer. Tender is also likely to be rejected if instructions for filling up the tender/submission of quotations annexed herewith, are not fully & properly adhered to. i) In order to indicate that the tenderer is accepting the Terms & Conditions in toto, the tenderer should upload a copy of the Terms & Conditions with signature and seal of authorized signatory of the tenderer at the bottom of each page, besides submitting Annexure-C duly filled-in. Page 3 of 39

4 IX. Price Bid Online The Tenderer should fill Annexure 'P' online giving the rates of the various drugs (Price Bid). Online Price Bid of only those tenderers, whose tenders are found technically eligible, will be opened. X. Online Technical Bid and sealed enveloped will be opened on 08/10/2018 at AM at Conference Room, the 5 th Floor, ESI Corporation Headquarters Office, C.I.G. Marg, New Delhi in the presence of representatives of firms having an authority letter for representation from the firm along with their identity proof. NOTE: - If any representative of the Pharmaceutical firms / bidders fails to present and / or is absent from the bid meeting, their presence will not be marked later in any circumstances. The absence of any representatives of the Pharmaceutical firms / bidders shall be the sole responsibility of the firm. The bid meeting will be conducted by the ESIC in the manner and procedure as prescribed and a certificate will be obtained from all the participant / representatives of the Pharmaceutical firms / bidders attending the bid meeting w.r.t. the same. If the date of opening of tender is a declared public holiday, the tender shall be opened on the next working day at same venue and time. 1) It is responsibility of bidders to check further notifications / updates/corrigendum if any on ESIC website - & ESIC e-procurement portal - 2) After uploading all the documents/ certificates/ Annexure/ Affidavits etc online bidder should check by downloading themselves to see if documents are uploaded correctly and they are legible to read. The samples of drugs in duplicate (properly labeled) should be handed over personally to DMC (AYUSH) office under receipt on or before 08/10/2018 till AM (Last date of submission of tender). Last date of Online Bid submission: 08/10/2018, up to AM No tender/bid shall be accepted after the prescribed date and time i.e. 08/10/2018, up to 11.00AM Yours faithfully, Dy. Medical Commissioner (AYUSH) Page 4 of 39

5 e-tender SCHEDULE e-tender No: U-16/13/6/3/2016-AYUSH-Homoeo-RC-1 Date: 24/08/2018 FOR SUPPLY OF HOMOEOPATHIC DRUGS S.No. Details Dates & time 1. Period of availability of e-tender Enquiry document on ESIC website- 24/08/2018 to 08/10/2018 upto AM CPP Portal- and ESIC e-procurement portal Pre-bid meeting Date 12/09/2018 at AM in Conference Room, 5 th Floor, ESIC Hqrs. Office, Panchdeep Bhawan, C.I.G. Road, New Delhi Last date of Online Bid and manual documents submission 08/10/2018 upto A.M. 4. Opening of Online Technical Bid and Sealed envelope 08/10/2018 at A.M. At Conference Room, 5 th Floor, ESIC Hqrs. Office, Panchdeep Bhawan, C.I.G. Road, New Delhi Opening of Price Bid Will be communicated over Phone/ /SMS to the tenderers, who are found technically eligible. 6. Validity of offer 180 days from the last date of submission of e-tender. If the date of Opening of tenders is a declared public holiday, the tenders shall be opened on the next working day at the same venue and time. All tenderers are requested to check further notifications / updates, if any, on ESIC Websitewww.esic.nic.in & ESIC e-procurement portal - It is mandatory for all tenderers to submit online tender within the stipulated time, failing which the tender will be summarily rejected. Pre-bid meeting: The objectives of this Pre-bid meeting inter-alia are to provide clarifications/answer to queries/ questions, if any, related to e- Tendering of this tender. It is requested to send Queries/doubts for Pre-bid meeting on address dmc-ismhq@esic.in three days before the schedule date. So that solutions & clarifications can be prepared timely. Page 5 of 39

6 EMPLPOYEES STATE INSURANCE CORPORATION AYUSH Division, Room No. 315, 3 rd Floor, HQRS. OFFICE, PANCHDEEP BHAWAN C.I.G. ROAD, NEW DELHI TERMS AND CONDITIONS FOR GOVERNING DG ESIC HOMOEO-1 RATE CONTRACT 1. This rate enquiry is for the purpose of executing, Rate Contract for supply of Homoeopathic drugs in ESI Hospitals/Dispensaries and other medical institutions run by the ESI Corporation within the country. The rates quoted and accepted by the Director General, ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract. 2. The quotations shall remain open for acceptance for 180 days (One hundred Eighty days) from the date of opening of tenders. 3. The Director General, Employees' State Insurance Corporation, New Delhi reserves the right to reject any or all offers including the lowest quotation without assigning any reasons whatsoever. The Director General, ESI Corporation, New Delhi will also have the authority to accept tenderers offer in respect of any one or more of the items for which tenderers may have quoted and the Director General s decision in this respect shall be final. 4. The Director General, ESI Corporation reserves the rights to invite in his/her sole discretion separate quotations to effect purchases outside this contract in the event of any urgent demand arising in a locality, where no stocks are held or otherwise. 5. Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and they need not apply. 6. Furnishing of wrong information and false documents will make the Bidder / Tenderer ineligible and liable to be debarred / blacklisted from participation in ESI Rate Contracts. 7. The past performance of the Bidder / Tenderer will be taken into consideration for award of a new Rate Contract. 8. Tenderer will have to furnish documents in support of the information given in the tender. Original documents shall be submitted for verification as and when required. 9. The Tenderer should submit an affidavit on Stamp Paper, stating that the drugs, which are being quoted, are not banned under Section 26 (A) of Drugs & Cosmetics Act. Page 6 of 39

7 10. In case of any attempt for cartelization by tenderers with a view to hike up the prices, all bids will be rejected and the Bidder / Tenderer (s) will be blacklisted. 11. Validity of the Rate Contract is two years from the date of finalization of the contract, but in case of exigencies, period can be extended further by one year on the same rate, terms & conditions by mutual consent of both parties. 12. Quotation shall be strictly according to the required specifications and individual drug license must be furnished in case of drugs as per Disease / Symptoms Category. The name of the manufacturer and brand name should also be written. 13. Book reference (H.P.I i.e. Homoeopathic Pharmacopeia of India /Other authoritative Homoeopathic Texts) should be clearly mentioned against each drug quoted in case of Classical drug. Book reference (H.P.I/Other authoritative Homeopathic text) may be mentioned for the ingredients in case of drugs as per Disease / Symptoms Category. 14. The bidder, if selected, will have to supply drugs & dressings directly to the ESIC/ESIS. 15. Rates for only such items, which can be supplied immediately on demand or latest within six weeks of the placing of supply order through out of the period of contract as indicated above, may be quoted. 16. NOC for facility regarding import license for raw materials etc., will not be given by the ESIC/ESIS. 17. A copy of recent GST clearance Certificate duly attested should be attached with the tender. 18. ELIGIBILITY CRITERIA: Firms to be eligible should fulfill the following conditions. a) Firm should have a valid drug manufacturing license from the State Drug Controller/ State Licensing Authority for the drug / drugs quoted and must submit an attested copy of the same. Bidders who are marketing the drug but not manufacturing will not be considered eligible. If above terms and conditions are not fulfilled tender will be liable for the cancellation. b) Firm should submit a Non-Conviction certificate issued by the State Drug Controller/ State Licensing Authority, to the effect that the manufacturer has not been convicted Page 7 of 39

8 under the Drugs and Cosmetics Act, 1940 and Rules, 1945 and there-under during the preceding three years for any of the drugs for which the firm has quoted price and that no case / proceedings is pending against the manufacturer in any Court of Law in India under the Drugs & Cosmetics Act. Non-Conviction Certificate must have been issued on or after 31/03/2018 from the Drug Controller of the concerned State /State Licensing authority. c) Firms must have GMP certificate i.e., Good Manufacturing Practices Certificate issued by State Drug Control Authorities as per Schedule M1 of the Drugs & Cosmetics Act 1940 And Rules, 1945 and thereafter in force. d) A certificate from the State Drug Controller/ State Licensing Authority concerned (should not have been issued more than a year ago) that the firm has been manufacturing and marketing the product / products for which the firm has quoted the price, for the last three years. Firm should have completed three years experience of marketing and manufacturing of the quoted drugs as on date of opening of the tender. e) In case of narcotics, the firm will have to submit the narcotic license issued by the licensing authorities. f) In case of proprietary drugs, Participating Pharmaceutical firm will submits valid certificate to this effect from the State Drug Controller/State Licensing Authority else bidder s claim will not be considered. g) Participating Pharmaceutical firm will indicate the assessed manufacturing/production capacity for each item quoted by him. Firms will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract. h) The Participating Pharmaceutical firm shall submit an unconditional undertaking to supply drugs of standard quality as prescribed under the provisions of Drug and Cosmetic Act, 1940 (as amended). The bidder shall also undertake not to supply items / drugs not of standard, Grossly sub-standard and Spurious and adulterated drugs as per the guidelines issued by the Drug Controller of India/State Licensing authority from time to time. Page 8 of 39

9 i) The Participating Pharmaceutical firm / stores should be complying with the provisions of the Drugs and Cosmetics Act, 1940 and the Rules 1945 made thereunder as amended upto date and Drug Price Control order. j) The supplying firm should also give a Guarantee bond on affidavit of Rs 50/- (Rupees Fifty Only) duly signed by the Notary (Annexure T) as stated below. The supplying firm hereby declare that the goods/stores/articles sold to the buyer under this contract shall be of best quality and workmanship and shall be strictly in accordance with the specifications and particulars contained/mentioned in the description clauses hereof and the Pharmaceutical firm/bidder/seller hereby guarantees that the said goods/stores/articles would continue to conform to their description/ specification and provisions of law as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected and/or approved the said drugs/items/articles. If the same be discovered not in conformation to the description and quality of aforesaid or have deteriorated, the decision of the ESIC in that behalf will be final and conclusive. The ESIC will be entitled to reject said goods/stores/articles or such portion thereof as may be discovered not in conformation to the said description and quality. Such rejection of the drugs/items/articles will be at the seller's risk and all the provisions herein contained relating to rejection of drugs/items/articles etc., or such portion thereof if is rejected by the ESIC otherwise the supplying firm shall pay to the ESIC such damages as may arise by reason of the breach of conditions herein contained. Nothing herein contained shall prejudice any other right of the ESIC in that behalf under this contract or otherwise. k) Company/Authorised Signatory has to submit Employer Code No. & copy of last three contributions towards ESI in case factory is covered under ESI Act. OR Company/Authorised Signatory has to submit an affidavit giving address of Manufacturing unit with a declaration that this factory / manufacturing unit is outside the implemented area / notified area by ESI Corporation OR Company /Authorised Signatory have to submit a certificate from the Regional Director that the factory is not coverable under ESI Act, in case the factory is within the notified area. Page 9 of 39

10 19. GENERAL INSTRUCTIONS a. Signing of the tender: The tender is liable to be rejected if complete information is not given therein or if the particulars and date (if any) asked for in the schedule to the tender are not filled in. Individual signing the tenders or other documents connected with the contract must specify whether he signs as i) A sole proprietor of the pharmaceutical firm or constituted attorney of such sole proprietor. ii) A partner of the pharmaceutical firm, if it be a partnership firm in which case he must have authority to refer to arbitration disputes concerning the business of the partnership/agreement or a power of attorney. iii) Authorised Attorney of the pharmaceutical firm if it is a company. b. Any concealment, misrepresentation on the part of the pharmaceutical firm shall warrant strict action which may extend to cancellation of the tender or subsequent award. Such cancellation shall be at the sole risk of the firm / individual signing the tender or submitting any other document. c. In case of 19 (a) (ii) a copy of partnership agreement attested by a Notary Public should be furnished unless the same has been previously furnished to the Corporation, or an affidavit on stamped paper by all the partners admitting execution of the partnership of the general power of attorney should be furnished. d. In the case of partnership firms, where no authority to refer disputes concerning the business of the partnership has been conferred on any partner, the tender and all other related documents must be signed by each partner of the pharmaceutical firm. e. A person signing the tender form or any documents forming part of the contract on behalf of another shall be deemed to warrant that he has authority to sign the same and, if on enquiry it appears that the person so signing had no authority to do so, the purchaser may without prejudice to other civil and criminal remedy cancel the contract and hold the signatory liable for all costs and damages. f. If you are indicating 'No Tax' while quoting rate for any drug, upload a copy of certificate issued from the concerned GST authority in support of Tax Exemption granted for the drug. The certificate should clearly show whether tax exemption is granted for particular drugs or for all the drugs manufactured by the firm. Page 10 of 39

11 g. The tender will be rejected if: i. A pharmaceutical firm submits conditional tender. ii. "No tax" quotations are not supported by a proof. iii. All the papers are not complete. iv. More than one type of rates are quoted for one product. v. Sealed envelope containing EMD and labels is not sealed properly. vi. If it is not legible and cuttings/over writings are not attested by the authorised signatory along with seal. vii. The rates quoted are not found both in figures and words. The unit for which rate is quoted should be clearly specified. h. Each page of photocopy of various papers/certificates attached should be attested by Notary Public General or State Government, Gazetted Officer. i. It is mandatory for all bidders to submit the tender online through e-procurement portal of esic- The terms & conditions of the present e-tender Enquiry Form for Rate Contract are binding upon the Pharmaceutical firms / Bidders. The submissions of the online tender and the tender under sealed envelope respectively shall construe a concluded agreement for the purpose of invocation and enforcement of the terms & conditions of the online tender. 20. Terms & Conditions for Micro & Small Enterprises (MSE) & Startup Firms of Indian Origin: a) MSE Firms must have a valid MSE Registration Certificate along with latest Renewal Certificate with any of the following National Small Industries Corporation (NSIC) District Industries Centre Khadi & Village Industries Commission Khadi & Village Industries Board Coir Board Directorate of Handicraft & Handloom Any other body specified by Ministry of MSME. b) Participating MSE Firms are exempted from payment of Earnest Money Deposit. However, Rs. 1,00,000/- (Rupees One Lac only) will have to be deposited by each successful tenderer before the award of Rate contract to ensure due performance of the contract and to cover liquidity charges/ risk purchase, if any. Page 11 of 39

12 c) MSE firms should have a minimum annual turnover of Rs Lakhs (Rupees Fifty Lakhs only) for Homoeopathic drugs in each of the last three preceding years i.e , & to be eligible for participation in ESI Rate Contract. d) In case of more than one such MSE, the supply shall be shared proportionately (to tendered quantity). e) In tender, participating Micro, Small & Medium Enterprises quoting price within price band of L1 + 15% shall also be allowed to supply a portion of requirement by bringing down their price to L1 price in a situation where L1 price is from someone other than Micro and Small Enterprise and such Micro and Small Enterprise shall be allowed to supply upto 20% of the total tendered value. f) Out of 20 % target of annual procurement from Micro and Small Enterprises, a sub-target of 20% (4% out of 20%) will be earmarked for Micro and Small Enterprises owned by Scheduled Caste or Scheduled Tribe entrepreneurs. g) Further, in event of failure of such Micro and Small Enterprises to participate in tender process or meet tender requirements and L1 price, the 4% sub-target of procurement, earmarked for Micro and small Enterprises owned by SC/ST entrepreneurs, shall be met from other MSE units. h) Start up Firms of Homoeopathic Drug Manufacturing sector of Indian Origin participating in e-tender process must have been established in last 3 year & they should submit Valid Registration Certificate from competent authority/ministry. 21. TURNOVER CRITERIA: a) Pharmaceutical firms, other than MSEs, quoting for drugs should have a minimum annual turnover of Rs Crore only (Rupees One Crore only) for Homoeopathic formulations in each of the last three preceding financial years i.e., , & to be eligible for participation in ESIC Rate Contract. b) Participating MSE firms should have a minimum annual turnover of Rs Lakhs (Rupees Fifty Lakhs only) for Homoeopathic drugs in each of the last three preceding years i.e , & to be eligible for participation in ESI Rate Contract. Page 12 of 39

13 c) All Firms will have to submit online audited financial statements for the above three years (i.e , & ) in support of annual turnover & Certificate by Chartered Accountant giving sales turnover in respect of Homoeopathic drugs only, for last three years. Turnover should be in respect of firm submitting the tender. Group turnover will not be considered for determining the eligibility and such tenders will be rejected summarily. d) Start up Firms of Homoeopathic Drug Manufacturing sector of Indian Origin should have minimum annual turnover of Rs Lakhs (Rupees Twenty- Five Lakhs only) in the last financial year. 22. EARNEST MONEY DEPOSIT: a) The bidder must submit Earnest Money Deposit (EMD) of Rs 1,00,000 (Rs One Lakh Only) along with this tender by means of Demand Draft in favour of ESIC FUND ACCOUNT NO 1, New Delhi. Bank guarantee/ Cheques / FDRs will not be accepted in any case. b) Participating MSE & Startup Firms are exempted from payment of Earnest Money Deposit (EMD). c) The validity of the Earnest Money Deposit should be 60 Days from the opening date of the tender. d) The EMD of the unsuccessful bidders will be refunded to them after the award of the contract. e) In case bidder withdraws his bid within its validity or fails to deposit performance security within the specified time after award of contract, the Earnest Money will be forfeited and the bidder will be debarred/ de-registered for a period of five years. f) Earnest Money Deposit (EMD) deposited earlier will not be adjusted against this tender. The tenders submitted without earnest money deposit will be summarily rejected. g) E.S.I. Corporation will not pay any interest on deposited EMD and would be stand credited to the E.S.I. Corporation Account. 23. PERFORMANCE SECURITY: a) All Successful bidders including MSE/ Startup Firms will have to deposit the Performance Security of Rs 1,00,000 (Rupees One Lakh Only) in the form of Bank Guarantee of Scheduled Commercial Bank or Fix Deposit Receipt from Govt. Recognized Commercial Bank. Page 13 of 39

14 b) Director General, ESI Corporation will be at liberty to apportion any amount due and payable by the bidder to ESIC in respect of Non-supply / Non- Performance/ risk purchase by the ESIC/ against drugs of Not of Standard Quality or any other amount which becomes payable by the bidder in favour of ESIC by virtue of the terms and conditions agreed herein and recover the same from the Performance Security. No appeal shall lie with any authority against the decision taken by him in pursuance of this clause. c) EMD of the successful bidder can be adjusted as part of performance security. d) E.S.I. Corporation will not pay any interest on Performance Security deposit. 24. MARKING / LABELLING: Each packing shall be marked with nomenclature of the drug and shall be labeled in accordance with the requirement of the Drugs and Cosmetics Act, 1940 and Rules 1945 made there-under. 25. PACKING: a) Participating Pharmaceutical firms must quote for the packing specified against each item in the schedule annexed to the Rate Enquiry Form, as any other packing may not be accepted. Rate should be quoted strictly for the same pack as per specification given in the tender enquiry. b) Where no size/quantity of pack is specified, tenderers may quote for standard packs available in the market. c) All labels of cartons, bottles, jars, tubes, tins, containers etc., should be emboldened/imprinted/stamped with the letters "ESI Supply not to be sold". d) Loose supplies/damaged packing/tampered or damaged labeled supplies shall not be accepted under any circumstances. e) Rates should be quoted for packing size as given in Drug schedule of tender enquiry. f) Supplies to be made in Proper Boxes. g) Liquid orals to be supplied in glass bottles / plastic bottles conforming Drugs & Cosmetics Act and Homoeopathic Pharmacopoeia of India. h) It should be ensured that only first use packaging material, of uniform size including bottles is used for making supplies on the basis of ESI Rate Contract. i) All primary packing containers should be strictly conforming to the specification included in the relevant pharmacopoeia. j) Packing should be able to prevent damage or deterioration during transit. k) All containers i.e., bottles, tins, cartons, etc., are required to be secured with pilfer proof seal to ensure genuineness of the product packed and other correctness of contents. No butter paper is to be used for packing or sealing. Page 14 of 39

15 SPECIAL INSTRUCTIONS FOR MAKING PILLS/TABLETS: l) No extraneous matter i.e. gums or other material shall be used in the preparation of pills/tablets other than actually prescribed ingredients. m) The labels of all the drugs to be supplied must be written in Hindi or in English. The printing of labels of each approved drug must be different in color and design, to the possible extent. 26. SHELF LIFE AS ON DATE: 27. SAMPLES: a) For Drugs having shelf life of two years or less: As on date of delivery, Drug supplied should not be older than one fourth (1/4) of its shelf life from the date of manufacture. b) For Drugs having shelf life more than two years: As on date of delivery, Drug supplied should not be older than one sixth (1/6) of its shelf life from the date of manufacturing. c) All Drug Preparations supplied should comply with shelf life period as per guidelines of H.P.I. d) The manufacturing date, expiry date, Batch No. and main composition must be written clearly on each bottle, packets, phials etc., in respect of each lot offered by the firm against the contract. The batch number and manufacturing date must be incorporated on bottle, packets and phials and it should be same as on outer cover (carton). a) Samples of Classical Homeopathic drugs and Homeopathic Drugs as per the Disease / Symptoms Category should be submitted in two separate boxes properly labeled as "Samples for Classical Homoeopathic drugs" and Samples for Homoeopathic Drugs as per the Disease / Symptoms Category. b) Two samples of each drug of Classical Homeopathic drugs and as per the Disease / Symptoms Category must be furnished promptly by the stipulated date. Failure to do so, it shall entail quotation being disqualified. c) Sample should be in the form of pack as specified in tender enquiry, otherwise the quotation against that particular drug is liable to be rejected. d) The firm will be required to submit one set of two samples free of cost of the approved drugs bearing same batch number, which have been approved by ESIC, to all the Purchasing authorities throughout India within one month of communication of approval otherwise supply order may not be placed. e) Firms may take back their samples of unapproved drugs within 10 days from the issue of the Rate contract; otherwise the same will be destroyed by the ESIC. Page 15 of 39

16 28. TESTING OF DRUGS: a) Approved Rate Contract Holder should submit a Test Report of particular batch of drugs supplied under DG ESIC RC Homoeo-1. Tested by the Government/ Government approved Laboratories (as per list circulated from ESIC HQs/ Hospitals/ State Govt. from time to time) along with each supply. b) Additional testing of drugs will be undertaken from Govt./Govt. approved laboratories at any time during the shelf life or whenever any defect is noticed. c) The report of the Govt./Govt. approved laboratory shall be accepted by the firm. In case the same is disputed by the firm giving reasons, the report of the Homeopathy Pharmacopoeia Laboratory/any other Central Drug Laboratory only will be accepted as final and the same should be submitted within three months, from the date, the disputed test report is communicated to the firm. For this, the firm should approach the concerned Drug Control Authorities for getting the drugs tested as per procedure from the designated Central Drug Laboratory. d) Drug Selection Committee can also adopt i) Organoleptic methods i.e., taste, color, consistency, shape, size, packing, weight, hardness, brittleness, fineness as per ingredients and composition of drugs etc. ii) Testing Reports of Quality of drugs as decided by the Committee will be the criteria for selection and the same shall be final. 29. QUALITY CONTROL: I. The stores offered should comply with the provisions of the Drugs and Cosmetics Act, 1940 and the Rules made there under as and Drug Price Control order. II. If any drugs supplied against this Rate Contract are found to be not of standard quality on inspection by Competent Authority, the pharmaceutical firm will be liable to replace the entire quantity and the cost of testing will be recovered from the supplier. III. If any store/stores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and / or on inspection by competent authority, The Firm/Bidder will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed & the cost of testing will be recovered from the supplier. IV. The classification of defects into different categories is as per the guidelines issued by the Drug Controller of India & action will be taken by ESIC for each category of defects, described as under: Page 16 of 39

17 A. FOR CATEGORY A DEFECT (Spurious / Adulterated Drugs)- If any item / Batch of the item declared Not of Standard quality (NSQ) under Category A, in Homoeo-1 DGESIC Rate Contract/s. Recall of the NSQ item immediately from all ESIC/ ESIS User Units. Recoveries to be initiated by the DDO s wherever payment had been made already. Forfeiture of Performance Security from the respective DGESIC Rate Contract. Debarring of the Rate Contract holder / Pharmaceutical firm from current and all future DGESIC Rate Contract for a period of five (5) years. Rate Contract Holder/ Pharmaceutical firm will be liable to pay damages/ compensation (if any) to individual/ individuals arising due to consumption of item declared NSQ and in case of any adverse reaction reported in the Hospital during administration of the drug. B. FOR CATEGORY B DEFECT (Grossly Substandard Drugs) i. If single Item/ Batch of item is declared NSQ under Category B in Homoeo-1 DGESIC Rate Contract/s. Recall of the NSQ item immediately from all ESIC/ ESIS User Units. Recoveries to be initiated by the DDO s wherever payment had been made already. Forfeiture of Performance Security from the respective DGESIC Rate Contract. Rate Contract Holder/ Pharmaceutical firm will be debarred for further supply of the said NSQ item in the currency of the Rate contract. Rate Contract Holder/ Pharmaceutical firm will be liable to pay damages/ compensation (if any) to individual/individuals arising due to consumption of item declared NSQ and in case of any adverse reaction reported in the Hospital during administration of the drugs. ii. If more than one Item/ Batch of item belonging to any individual pharmaceutical firm is declared NSQ under Category B within a year in Homoeo-1 DGESIC Rate Contract. Recall of the NSQ item immediately from all ESIC/ ESIS User Units. Recoveries to be initiated by the DDO s wherever payment had been made already. Forfeiture of Performance Security from the respective DGESIC Rate Contract. Rate Contract Holder/ Pharmaceutical firm will be debarred for further supply of the said NSQ item in the currency of the Rate contract. Debarring of Rate Contract Holder/ Pharmaceutical firm immediately from current and all future DGESIC Rate Contracts for a period of three years. Rate Contract Holder/ Pharmaceutical firm will be liable to pay damages/ compensation (if any) to individual/ individuals arising due to Page 17 of 39

18 consumption of item declared NSQ and in case of any adverse reaction reported in the Hospital during administration of the drugs. C. FOR CATEGORY C DEFECT (Minor Defects) i. If single item/ Batch of item is declared NSQ under Category C in Homoeo-1 DGESIC Rate Contract/s. Recall of the NSQ item immediately from all ESIC/ ESIS User Units. Recoveries to be initiated by the DDO s wherever payment had been made already 30. PURCHASE ORDER: Forfeiture of Performance Security from the respective DGESIC Rate Contract. Rate Contract Holder/ Pharmaceutical firm will be debarred for further supply of the said NSQ item in the currency of the Rate contract. Rate Contract Holder/ Pharmaceutical firm will be liable to pay damages/ compensation (if any) to individual/ individuals arising due to consumption of item declared NSQ and in case of any adverse reaction reported in the Hospital during administration of the drugs. ii. If more than one item/ Batch of item belonging to any individual pharmaceutical firm is declared NSQ under Category C within a year in Homoeo-1 DGESIC Rate Contract. Recall of the NSQ item immediately from all ESIC/ ESIS User Units. Recoveries to be initiated by the DDO s wherever payment had been made already. Forfeiture of Performance Security from the respective DGESIC Rate Contract. Rate Contract Holder/ Pharmaceutical firm will be debarred for further supply of the said NSQ item in the currency of the Rate contract. Debarring of Rate Contract Holder/ Pharmaceutical firm immediately from current and all future DGESIC Rate Contracts for a period of three years. Rate Contract Holder/ Pharmaceutical firm will be liable to pay damages/ compensation (if any) to individual/ individuals arising due to consumption of item declared NSQ and in case of any adverse reaction reported in the Hospital during administration of the drugs. a) After the quotations have been accepted by the Director General, ESI Corporation, purchase orders will be placed by the Director Medical Delhi/MS of ESIC/ESIS hospitals/directors of ESI Scheme of various States, who for the purpose of this Rate Contract, shall be designated as Chief Direct Demanding Officer and will exercise the powers of Director General, ESI Corporation in all matters connected Page 18 of 39

19 with the execution of supplies and/or wherever specifically provided in the terms and conditions of the Rate Contract. The Chief Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract. b) Purchase orders will be placed from time to time during the currency of the contract in which the exact quantities required on each occasion together with the date of delivery shall be specified by the Direct Demanding Officers. c) No guarantee can be given as to the minimum quantity which will be drawn against this contract but the pharmaceutical firm will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract. d) Purchase orders against the contract will be accepted as long as these reach the pharmaceutical firm on or before last date of the currency of the contract. Purchase orders received during the closing days should be complied with in due course, in accordance with the contract, even though in some cases owing to contract having expired, supplies are to be executed after the expiry of the last date of contract. 31. (i) DELIVERY PERIOD OF THE PURCHASE ORDER: a) DDOs will send scanned copy of the Purchase order through followed by Registered Post b) Delivery Period will be of six weeks from the date of receiving of the purchase order sent by and the pharmaceutical firm shall, execute the order within stipulated time. c) During transit pharmaceutical firm should maintain the recommended temperature of the drug (wherever indicated), otherwise if on checking it is found that temperature has not been maintained, supply against the said order is liable to be rejected and cancelled. It will be counted as a non-supply. d) In case of failure to supply, the Corporation reserves the right to purchase the stocks from other sources as risk purchase, i.e. purchase from any other pharmaceutical firm or firms, in the rate contract or from outside the contract at the discretion of the Direct Demanding Officer concerned at a competitive rate. e) ESIC has the right to reject the Drugs/Items/Goods which don t conform to the specification. Page 19 of 39

20 f) In all contracts for items/ drugs, which are branded with 'ESI SUPPLY' mark including rejected items/ drugs, it would be a condition that such items/ drugs will not be sold to the public/open market. g) The approved firm shall be liable to supply the drugs to all the States from where the orders are placed. 31. (ii) RECEIPT OF SUPPLY 1) Medicines supplied by the tenderers would be received by the designated person of the ESIC at the premises/site of the ESIC or any other place as instructed by the ESIC in this regard. Based on the purchase order, the designated person of the premises would receive the physical supply of the medicines along with following documents: a) Supply Bills b) Transport Receipt 2) Upon receipt of above documents along with medicines, the designated person at the premises would conduct inspection of the supply required on a specified Performa. The designated person would also check the date of supply order and date of delivery and take appropriate action. 32. PENALTY FOR NON-SUPPLY/ LATE SUPPLY: a) If the pharmaceutical firm fails to execute the supply order within the stipulated period of six weeks, a penalty of two (2) per cent of the value of the order calculated at the contract rate per week or a part of a week will be levied. The maximum penalty for late supply shall not exceed 10% of the total value of the order/orders. A pharmaceutical firm can seek extension of the delivery period with the prior consent of the Director Demanding Officers, if it is not in a position to execute the order in time. Such extension is permissible for a maximum period of 5 weeks only but penalty will be levied. That extension of delivery period cannot be claimed as a matter of right but will be at the discretion of concerned Officer. b) If the items/ drugs are not supplied by the schedule date (as indicated above or by the extended date) full or in part, the order in respect of the quantity Page 20 of 39

21 not supplied is liable to be cancelled at the risk and expense of pharmaceutical firm. The extra expenditure involved in procuring supplies from elsewhere will, in that case, is recoverable from the pharmaceutical firm, in full at discretion of Direct Demanding Officers. The recoveries thus due will be deducted from any sum payable by the Direct Demanding Officer or which at any time thereafter may become payable under this contract or any other contract placed with bidder by the Direct Demanding Officers. He will be deemed to be exercising the powers of Director General, ESI Corporation in case any such contingency arises. Apart from risk purchase action, the bidder's the Performance security deposit may be forfeited and shall invite other penal action like debarring from participating in ESI Corporation Rate Contract present and future for a period of not less than two years. c) If the pharmaceutical firm fails to execute the supply order three times at any location of ESIC / ESIS in any part of the country during the period of rate contract, it shall be debarred for the next five years with effect from the last failure and forfeiting of Performance Security for that drug. 33. QUOTING OF PRICE: a. The price charged for the stores supplied under the agreement or the rate quoted by bidder for supply of drugs to the DG-ESIC RC Homoeo-1, whichever is lower, shall in no event exceed the lowest price at which the bidder sells the stores of identical description to any other person(s) during the said period of agreement. If at any time during the said period, the bidder reduces the sales price of such stores or sells such stores to any other person at a price lower than the price chargeable under the agreement, he shall forthwith notify such reduction in sale price to the Director General, E.S.I. Corporation and Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming in to force will be the reduced price. The approved price in Rate Contract shall stand correspondingly reduced. The preference in the Rate contract will not be changed till any further fresh instructions. b. The price must be quoted F.O.R Destination per unit as shown in the schedule annexed and should be exclusive of GST but inclusive of all charges for packing and forwarding. Page 21 of 39

22 c. GST, if extra, where legally leviable and intended to be claimed, should be distinctly shown separately along with the price quoted. Where this is not done, no claim of GST taxes will be admitted at any later stage and on any ground whatsoever. d. The ESIC will not pay separately for transit insurance and the bidder will be responsible for delivery of items covered by the supply order in good condition at the specified destination and for this purpose freight, insurance, octroi etc., if any, will have to be borne by the bidder. e. The consignee will, as soon as possible, but not later than 30 days of the date of arrival of stores at destination, notify the pharmaceutical firm, of any loss damage to the stores that may have occurred during the transit. 34. PAYMENT: a. Payment for the supply will be made within 4 to 6 weeks (after receipt and acceptance of the drugs/items) directly by the Direct Demanding Officers or through nominees to whom bills are submitted. Notwithstanding any omission or shortcoming in the supply order it is incumbent upon the pharmaceutical firm/bidder to supply the items as per the specifications of the relevant rate contract. b. No Claim for the payment from the Bidder/Firm shall be entertained after the lapse of years of arises of claim. c. Any dues or payments that have arisen to the Corporation from the pharmaceutical firm for which no specific time limit has been laid down in the terms and conditions shall be payable by the pharmaceutical firm within such time limit as may be prescribed in the letters/orders addressed to the pharmaceutical firms. d. Any payments that have been demanded as per the provisions of above clause c or under any other clause shall be payable within the time laid down, On failure to do so: i. The pharmaceutical firm shall be liable to be debarred for supplying items/ drugs etc. to the Corporation for a period not exceeding five years. ii. The pharmaceutical firm is liable to be prosecuted in court of law. Page 22 of 39