TENDER DOCUMENT. CSIR-NEIST, Jorhat, Assam

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TENDER DOCUMENT for FOR EMPANELMENT OF CHEMIST SHOPS FOR SUPPLY OF MEDICINES TO THE PENSIONERS of CSIR-NEIST, Jorhat, Assam ºÉÒ.BºÉ.+É<Ç.+É -=ké ú-{éú ÉÇ Ê ÉYÉÉxÉ iéléé ÉÉètÉäÊMÉEòÒ ºÉƺlÉÉxÉ CSIR-NORTH-EAST INSTITUTE OF SCIENCE AND TECHNOLOGY (( ÉèYÉÉÊxÉEò iéléé +ÉètÉäÊMÉEò +xéöºéævééxé {ÉÊ ú¹én/council of Scientific & Industrial Research) JORHAT 785006, ASSAM, INDIA Website: www.neist.res.in An ISO 9001:2008 Certified Connecting Science & Technology for Brighter Tomorrow VV É±É ÉÊ É¹ªÉ Eäò ʱÉB Ê ÉYÉÉxÉ B ÉÆ ÉÉètÉäÊMÉEòÒ EòÉ ºÉ Éx ÉªÉ ½þ É Ê½þxnùÒ Éå ÊEòªÉä MɪÉä {ÉjÉÉSÉÉ ú EòÉ º ÉÉMÉiÉ Eò úiéä ½éþ

INDEX S.No. CONTENTS Page-no. 1. Instruction to the Bidder: Technical Bid, Price Bid 1-2 2. General Conditions of the Tender 3. Chemist obligations 4. Special Conditions of the Contract 5. Penalties /Liabilities 2-6 6. Commencement and Termination 7. Arbitration 8. Price Bid Form: Annexure- B 7 9. Declaration by bidder Form: Annexure- C 8 10 Details of Information to be provided by the bidder 9 11 Details of E-payment 10 12 Declaration regarding participation of near relatives of employee 11

स.एस.आई.आर उ र प व व न तथ ग गक स थ थ न, ज रह ह ट : असम CSIR-NORTH EAST INSTITUTE OF SCIENCE AND TECHNOLOGY,JORHAT: ASSAM TENDER FOR EMPANELMENT OF CHEMIST SHOPS CSIR-NEIST, Jorhat provides comprehensive medical facilities to its pensioners. As a part of this Scheme, the CSIR- NEIST aspires to provide timely medicines /drugs to the beneficiaries. With this objective, Sealed tenders in two bid system from Chemists & Druggists having Annual turnover of atleast Rs. 25,00,000/- (Twenty Five Lakhs only) for empanelment of their shops for the purpose of providing Allopathic medicines to CSIR-NEIST pensioners, their family members on credit basis on the production of prescription prescribed by Medical Officer, CSIR-NEIST Clinical Centre, Jorhat. 1. The bidder must submit their bid in two parts as mentioned below: Part 1 :- Called Technical Bid containing :- (A) Earnest Money : The bidders are required to submit their EMD amount of Rs. 1,00,000/- (Rupees One Lakh only) through a Demand Draft /Bankers cheque issued in the name of Director, CSIR-NEIST payable at Jorhat as Earnest Money. The demand draft /Bankers Cheque must be issued by a Scheduled Bank. (B) Documents establishing Bidders eligibility (Technical Bid). The following documents should be enclosed while submitting the tender. a) EMD/ Demand Draft for Rs. 1, 00,000/- (Rupees One Lakh only) b) Demand Draft/Bankers Cheque of Rs. 200/- towards cost of tender if Tender is downloaded from website or Cash receipt/challan if purchased directly from office. c) Duly attested copies of valid Licences held by the bidder as on the date of Bid opening in specified appropriate forms (Form 20, 20-B, 21, 21-B and 21-C) for various categories of allopathic drugs issued by the Drug Control Authority of the State under the provisions of Drugs and Cosmetics Act, 1940. The successful Bidders will ensure that their licences remain valid till the end of the contract period. d) Copy of Declaration of bidder as per Annexure C has to be signed. e) If the bidder is a Partnership concern, Copy of the Partnership Deed duly attested by a notary public and an affidavit to the effect that all the partners admit execution of the partnership and the General Power of Attorney may be furnished. In case of partnership firm, where no authority to refer disputes concerning the business or the partnership has been conferred on any partner, the Tender and all other related documents must be signed by each partner of the firm. f) VAT/Sales Tax registration and clearance certificate. - 1 -

g) No conviction certificate from State Drugs Controller that no case is pending against the bidder under the Drugs and Cosmetics Act and Rules made there under as well as under the Drugs Price Control Order issued from time to time. h) Copies of the audited balance sheets for the last two financial years to establish the turnover of the bidder. i) Copy of Drug Licences for the last two years. j) Copy of license of the pharmacist of the pharmacy. k) Details of Inputs / Information to be provided by the Bidder l) Declaration of participation of near relatives of CSIR NEIST employee in the tender/execution of works as per given format PPaarrtt 22 : --- Called CCoommeerrcci iiaal ll BBi iidd which shall contain:- a) Duly filled prescribed Bid form (Price Bid as per Annexure B) containing the discount Offered on MRP. Note: Bids quoting less than 5 % discount shall not be considered. b) Details of E-payment as per given format 2. GENERAL CONDITIONS OF THE TENDER: 1) The Chemist shop should be in existence for the last two years (Copies of licences held during the last two years should be attached with the tender). 2) The Chemist must hold a valid wholesale or retail License issued by Drug Controlling Authority of the State for sale of allopathic medicines as applicable under the Rules of Union and State. 3) The Annual turnover of the Chemist/Druggist should not be less than Rs. 25,00,000.00 (Rupees Twenty Five Lakhs) per annum during the last two financial years. - 2 -

4) The Chemist/Druggist should possess PAN & TIN Nos. and also communication facilities such as telephone/mobile phone etc. for the purpose of communication and availability of medicines at the shop. 5) The shop should be easily accessible to the pensioners. 6) The Chemist can visit CSIR Dispensary to acquaint itself the procedure and requirement of medicines. 7) The Chemist / Druggist should quote uniform discount in percentage terms on the Maximum Retail Price (MRP) (inclusive of all taxes) printed on the strip/ Bottle/ unit packed, in respect of all items of medicines to be provided under the Contract, the quoted offer shall be on the MRP inclusive of all taxes and shall remain firm and fixed for the entire duration of the contract. 8) The Chemist shall not impose any condition or make any changes, additions, alternation and modifications in the Tender document except offering the maximum discount on MRP of the drugs and taxes, if any, in figures and words in the Annexure-A of the tender document. 9) The award letter shall be treated as cancelled if the successful Chemist/Druggist fails to give his acceptance within seven days from the date of receipt of award letter or refuse fails to provide medicines, the Earnest Money deposited by the Chemist/Druggist with the Tender shall be forfeited. 10) Successful Chemist/Druggist will execute an Agreement on a Non-Judicial Stamp paper worth Rs. 100/- within five days from the date of acceptance of award failing which the award letter shall be treated as cancelled without making any reference to the Chemist/Druggist. 11) In the event of loss or damage, if any, sustained by CSIR-NEIST due to negligence on the part of the Chemist, the loss or damage sustained shall be recovered from the Performance Security Money of the contractor. The Tender document shall be made part of the Agreement to be executed on award of work. 12) The entire Tender document must be signed by the Proprietor/Owner/Authorized Representative of the Chemist and also affixed seal of the Firm on each and every page of the tender document. No power of attorney shall be entertained. 13) In case the date of opening is declared a holiday, the date of opening shall be automatically extended to the next working day. 14) The tender shall be liable for rejection if the Chemist submits incomplete Tender or fails to fulfil any terms and conditions of the tender. - 3 -

15) It will be presumed that the Chemist has considered all terms and conditions of the Tender at the time of submitting the tender. No verbal or written inquires shall be entertained in respect of accepting or rejection of the Tender. 16) Any action on the part of the Chemist to influence any officer of CSIR-NEIST or canvassing in any form shall make his tender liable to rejection. 17) If at the later stage, it is found that the documents and certificates submitted by the Chemist are forged or have been manipulated, the work awarded to the Chemist shall be cancelled and EMD / Performance Security Money deposited by the Chemist shall also be forfeited. 18) Incomplete, late, delayed and conditional tenders will not be entertained. 19) Tender shall be valid for acceptance for a period of 90 days from the date of opening of tender and shall be further extendable by another 30 days at the request of CSIR-NEIST. 20) The Chemist should have not been convicted by the State Drugs Controlling Authorities and no case is pending against the Chemist under the Drugs and Cosmetics Act, 1940. 21) The successful Chemists will ensure that their licences shall remain valid till the end of the contract period. 22) The Chemist who has been awarded the contract shall observe highest standards of ethics during the period of contract period. 23) The Director, CSIR-NEIST shall reject the tender if it determines that the Chemist recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question. 24) The Director, CSIR-NEIST, Jorhat reserves the right to accept the tender in part or reject any or all the tenders without assigning any reason thereof. 25) The Director, CSIR-NEIST, Jorhat shall reserves the right to empanel more than one chemist, if the participated Chemists are ready to offer the same discount which has been offered by the highest discounter for the convenience of the pensioners. 26) The duration of the contract shall be initially for a period of one year which may be extended or curtailed at the discretion of the Director, CSIR-NEIST, Jorhat. - 4 -

27) The Earnest Money shall be forfeited if the Chemist/Druggist withdraws its tender during the period of validity of the tender or in case of successful Chemist/Druggist, if the Chemist/Druggist fails to sign the contract in accordance with the terms and conditions of the tender. 28) A person signing the Tender document or any documents related to tender forming part of the tender shall be deemed that he has authority to sign the tender document and his acts shall be bind on another person. If on enquiry, it appears that the person who has signed the tender document has no authority to do so, the CSIR-NEIST without prejudice to other Civil and Criminal remedies shall cancel the contract and hold that signatory responsible for all costs arising thereof. 29) The Director, CSIR-NEIST, Jorhat will declare a Chemist/Druggist ineligible for participating in any tender of CSIR NEIST either indefinitely or for a specified period of time for award of the contract if at any time it determines that the firm has engaged in corrupt and fraudulent practices in competing for or in executing the contract. 30) The premises of the Chemist can be inspected by a team of Doctors /Officers from CSIR NEIST to determine the eligibility criteria such as (a) physical verification of location of the shop regarding ease of access and the distance from CSIR-NEIST Clinical Centre (b) verification of original documents (c) availability of proper cold-chain which would be a refrigerator and power back up system and (d) presence of retail outlet (e) assess availability of stock of medicines both physical and financial etc. and if the team is not satisfied with the veracity of the claims of the tenderer, the tender will be rejected. 31) The Chemist who have been awarded the contract shall attend the meetings fixed by the Local Advisory Committee of CSIR-NEIST as and when called for Those Chemists, whose contracts had been terminated by CSIR-NEIST during the last three years on charges of substitution of medicines, over charging, misbehaviour with CSIR-NEIST beneficiaries /officers, non-adherence to the terms and conditions of contract, etc., shall not be considered for empanelment. The successful Bidder s Earnest Money will be discharged upon the Bidder executing the Contract and furnishing the Performance Security. Unsuccessful Bidder's Earnest Money will be discharged / returned within 30 days after the expiration of the period of tender offer validity prescribed by the CSIR-NEIST. 32) The tenderer shall not be permitted to tender for works in the concerned unit of CSIR in which a relative is posted. He shall also intimate the names of persons who are working with him in any capacity or subsequently employed by him and who relatives are as mentioned above. NOTE: A person shall be deemed to be a relative of another if, and only if, (a) they are members of Hindu undivided family; or (b) they are husband and wife; or (c) the one is related to the other in the following manner: Father (including Step father), Mother (including Step mother), Son (including step son), Sons wife, Daughter, son's wife, Daughter's husband, Brother (including step brother), Sister (including step sister). 3. Chemist s Obligations : 1) The Chemist shall provide allopathic medicines to CSIR-NEIST pensioners, their dependent family members on credit basis on production of prescription prescribed by Medical Officer, CSIR-NEIST, Jorhat and the same shall be reimbursed by CSIR-NEIST to the Chemist on production of bill enclosing therewith cash memos (printed) of the medicines provided to the pensioners and their dependent family members. - 5 -

2) The Chemist shall provide medicines of latest batch and the expiry date should not be less than six months from the date of supply. 3) The Chemist shall generate computerized bill showing name of the medicine, batch no., MRP and net cost of the medicine after allowing discount as agreed. The Chemist will submit fortnightly/monthly bill attaching therewith cash memo and the prescription prescribed by the Medical Officer to CSIR-NEIST Clinical Centre for verification and the Medical Officer shall verify the bill and submit the same to Bill Section of CSIR-NEIST for payment. 4) The Chemist shall record a certificate on the bill that the prices charged on the medicines are not more than the MRP printed on the strip/bottle etc. and the discount has been given as per agreement. 5) The Chemist shall provide the medicines as prescribed by the Medical Officer, CSIR-NEIST Clinical Centre and no short/part supply of medicines shall be acceptable. 6) The Chemist shall provide the medicines in original packing of manufacturer. 7) The Chemist shall not provide substitute medicines unless it is permitted by Medical Officer of CSIR-NEIST in writing. 8) The Chemist shall keep the medicines such as Insulin, Rabipur etc. in the refrigerator and shall provide them on the recommendation of M.O., CSIR-NEIST Clinical Centre without breaking their cold- chain. 9) The Chemist shall not provide cut strips and loose medicines without showing their batch number and expiry date. 10) The Chemist shall provide all the medicines prescribed by the Medical Officer, CSIR-NEIST Clinical Centre on the same day. Delay in delivery beyond 24hrs, the medicines shall be procured from open market and the difference of actual price and the discounted price shall be charged from the Chemist. 11) The Chemist shall maintain sufficient stock of standard quality of medicines at all times to avoid inconvenience to the pensioners and their dependent family members. 4. Special conditions of Contract : 1) Time is essence in the contract for providing the medicines to the pensioners of CSIR-NEIST and their family members and the Chemist shall provide the medicines on the same day to avoid inconvenience to the patients. - 6 -

2) The Chemist shall provide the medicines directly to Pensioner of CSIR-NEIST and their dependant family members on the basis of medicine prescription prescribed by the Medical Officer, CSIR-NEIST,Jorhat. 3) The CSIR-NEIST Clinical Centre is open on all working days from Monday to Friday (from 7:30 AM to 6:00 PM) and on Saturday/Sunday (from 7:30 AM to 11:30 AM). 4) The bill raised by the Chemist shall be paid on fortnightly/monthly basis on the basis of certificates recorded by Medical Officer, CSIR-NEIST and the payment of the bills shall be paid through online E- payment mode/rtgs. The Chemist shall furnish the name and address of Bank, Account Details, nature of Account, IFSC Code etc. for crediting the payment in the Bank Account of the Chemist. 5) The amount of EMD of the successful bidders shall be converted into the security deposit as performance security. 5. PENALITIES / LIABILITIES: 1) That the contractor shall be responsible for faithful compliance of the terms and conditions of this contract. In the event of any breach of the agreement, the same may be terminated and the security deposit will be forfeited and further the work may be got done from another agency at the Chemist s risk and cost. 2) That if the contractor violates any of the terms and conditions of this contract or commits any fault or his services are not to the entire satisfaction of the officer authorized by the Director, CSIR-NEIST in his behalf, a penalty leading to a deduction up to a maximum of 10% of the total amount of bill for a particular month will be imposed. 3) The performance security money so deposited shall be liable to be forfeited or appropriated in the event of unsatisfactory performance of the Chemist and/or loss/damage if any, sustained by the CSIR-NEIST on account of the failure or negligence or in the event of breach of the agreement by the Chemist. 6. COMMENCEMENT & TERMINATION : 1) The contract shall come into force with effect from the date of signing of agreement and shall remain in force for a period of one year. The period of contract may be extended for further another one year on the same terms and conditions as are mutually agreed upon. 2) The contract may be terminated on any one of the following contingencies; a) On the expiry of the contract period as stated above; b) Provides sub-standard, spurious drugs or substitute medicines; c) Delays in providing the medicines; d) Engaged in corrupt and fraudulent practices including sub- contracting; e) Commits breach of any of the terms and conditions of the contract and - 7 -

f) One month s prior notice to the Chemist. 3) The Chemist shall not stop providing the medicines without giving one month prior notice. 4) During the notice period, the Chemist shall keep on providing the medicines as before till the expiry of the notice period. 5) Any notice given by one party to the other party in pursuant to this Contract shall be sent to either party in writing by registered post or by facsimile and confirmed by original copy to be sent by post to the Party s address. 7. ARBITRATION : 1) In the event of any question, dispute /difference arising under the agreement or in connection herewith (except as to matters the decision of which is specially provided under this agreement) the same shall be referred to the sole arbitration to Director General, Council of Scientific & Industrial Research or his nominee. 2) The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred is being transferred or vacating his office of resigning or refusing to work of neglecting his work or being unable to act for any reason whatsoever, the Director General, CSIR shall appoint another person to act as arbitrator in place of the outgoing arbitrator in accordance with the terms of this agreement and the persons so appointed shall be entitle to proceed with the reference from the stage at which it was left by his processor. 3) The expression Director General, CSIR shall mean and include acting / officiating Director General. 4) The Arbitrator may give interim award(s) and/or directions, as may be required. 5) Subject to the aforesaid provisions, the arbitration & Condition Act, 1996 and the rules made hereunder and any modification thereof from time to time being in force shall be deemed to apply to the arbitration proceedings under this clause. - 8 -

स.एस.आई.आर उ र प व व न तथ ग गक स थ थ न, ज रह ह ट : असम CSIR-NORTH EAST INSTITUTE OF SCIENCE AND TECHNOLOGY,JORHAT: ASSAM ANNEXURE B EMPANELMENT OF CHEMIST PPRR IICCEE BID From: Complete address of the bidder with Phone/ Fax & Mobile No. To: The Director, CSIR-NEIST, Jorhat-785006(Assam) Dear Sir, I / We hereby offer to provide the medicines /drugs to CSIR-NEIST Pensioners, their dependent family members on credit basis at the following discounted price on all items of medicines/drugs: 1) Uniform Discount on the Printed MRP (Maximum Retail Price) over and above the minimum prescribed limit of 5%: a) Percentage discount (in Figures): b) Percentage discount (in Words) : 2) I also undertake to give above quoted discount on all the items of medicines/drugs at Printed MRP on the strips/bottle, injection etc. 3) I also undertake to provide the medicines in time and no substitute medicines will be supplied. Signature Name Rubber Stamp. - 1 -

स.एस.आई.आर उ र प व व न तथ ग गक स थ थ न, ज रह ह ट : असम CSIR-NORTH EAST INSTITUTE OF SCIENCE AND TECHNOLOGY,JORHAT: ASSAM ANNEXURE C DECLARATION BY THE CHEMIST... From: Complete address of the bidder with Phone/ Fax, Mobile No & E-mail Address. To: The Director, CSIR-NEIST,Jorhat-785006 (Assam) Dear Sir, 1) I / We hereby offer to supply medicines/drugs to CSIR NEIST Dispensary, Jorhat as indicated in the Bid notice or to such Wellness Centres/hospitals/ units, you may specify in the acceptance of Bid at the rate given in Price Bid attached and agree to hold this offer open till. I / we shall be bound by a communication of acceptance dispatched within the prescribed time. 2) I / we have understood the Instructions to the Bidders and Conditions of Contract and fully accept them. 3) I / we are fully aware of the nature of medicines/drugs required and my / our offer is to supply the medicines/drugs strictly in accordance with the requirements of CSIR NEIST dispensary. 4) I / we agree to arrange supplies of standard quality medicines / drugs in accordance with the nomenclature, specifications and packages given in the local purchase indents. 5) I / we agree that the supply of aforesaid will comply with provisions of Drugs & Cosmetics Act, 1940 and rules made there under. 6) My / our firm has not been convicted by the State Drugs Authorities and no case is pending under the Drugs and Cosmetics Act and Rules. - 2 -

SIGNATURE OF WITNESS NAME ADDRESS: DATE: SIGNATURE OF BIDDER NAME ADDRESS: DATE: स.एस.आई.आर उ र प व व न तथ ग गक स थ थ न, ज रह ह ट : असम CSIR-NORTH EAST INSTITUTE OF SCIENCE AND TECHNOLOGY,JORHAT: ASSAM Details of Inputs / Information to be provided by the Bidder =============================== Sl. No. Items Information /inputs to be filled by the Bidder (if required separate sheets may be enclosed) 01. Name & Address of the Pharmacy/Medical shop with : telephone number, fax, mobile number, email address 02. Type of organization: Whether proprietorship, partnership,private limited, limited company: (copy of proof of ownership to be enclosed) 03. Shops & Estt.Registration No. (copy to be enclosed) 04. Year of establishment of the Pharmacy /Medical shop 05. Pharmacist License no. 06. Name of Agency s 2 largest clients, to whom Agency provides similar Services. 07. Drug License No. date & validity of License issued by the Drug Control Authority of the State (copy to be enclosed) 08. Income tax returns for the last three financial years with PAN No. 09 Income Tax Permanent Account No. (Attach documentary Proof) 10. Audited Balance Sheet for the last 2 years 11. VAT Clearance certificate - 3 -

12. Infrastructure and Financial Status with annual turnover (Attach separate sheet) 13. Change of the firm name at any time. If so, when and reason thereof 14. Dispute, if any Undertaking: I hereby certify that all the information furnished above is true to my knowledge. I have no objection to CSIR-NEISTJorhat verifying any or all the information furnished in this document with the concerned authorities, if necessary. I also certify that, I have understood all the terms and conditions indicated in the tender document and hereby accept the same completely. Signature of the authorized signatory of the Pharmacy Official seal/ stamp: Date: Place: स.एस.आई.आर उ र प व व न तथ ग गक स थ थ न, ज रह ह ट : असम CSIR-NORTH EAST INSTITUTE OF SCIENCE AND TECHNOLOGY,JORHAT: ASSAM Details of E-Payment Form All payments to Contractors/Bidders will be made by e-payment mode namely Electronic Clearance System (ECS) / National Electronic Fund Transfer (NEFT) / Real Time Gross Settlement (RTGS) / Net Banking by direct credit to their account. As State Bank of India (SBI) is the Banker for Council of Scientific & Industrial Research (CSIR) and CSIR- NORTH EAST INSTITUTE OF SCIENCE AND TECHNOLOGY (CSIR-NEIST) it would be convenient for the Institute to make e-payment through this bank. Therefore, all the Contractors/Bidders are required to furnish all relevant details of their bank account along with the bid documents. 1. Name & Address of the Party: 2. Core Banking Account No.: 3. Type of account: 4. Name & Address of the Bank: - 4 -

5. Branch Code: 6. IFSC Code: 7. MICR Code: (To be signed by the Owner / Proprietor / Partner of the firm Only with Stamp / Seal) स.एस.आई.आर उ र प व व न तथ ग गक स थ थ न, ज रह ह ट : असम CSIR-NORTH EAST INSTITUTE OF SCIENCE AND TECHNOLOGY,JORHAT: ASSAM Participation of near relatives of employee in the tender/execution of works I, S/o Resident of hereby certify that none of my relative (s) as mentioned in Clause No. 323 of General Condition of the tender document is/are employed in CSIR-NEIST, as per details given in tender document. In case at any stage, if it is found that the information given by me is false/incorrect, CSIR-NEIST shall have the absolute right to take any action as deemed fit without any prior intimation to me. - 5 - SIGNATURE AND STAMP OF THE TENDERER