Directorate of Ayurved, Yoga & Naturopathy, Unani, Siddha - health ...

Directorate of
Ayurved, Yoga & Naturopathy, Unani,
Siddha and Homeopathy (AYUSH)
Chhattisgarh, Raipur
*****
Tender Document
*****
for the Supply of
DRUGS, MEDICINES & CONSUMABLES
&
Instructions to Bidders Submitting
Tenders
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Directorate of Ayurved, Yoga & Naturopathy, Unani,
Siddha and Homeopathy(AYUSH)
Chhattisgarh,
Behind, Mantralaya, Raipur
TENDER NOTICE
TENDER FOR SUPPLY OF DRUGS, MEDICINES & CONSUMABLES
On Line Tenders are invited on behalf of Government of Chhattisgarh by
the Director, Ayurved, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH)
Chhattisgarh, Raipur, from licensed Drugs, Medicines & Consumables manufacturers/
authorized dealer of original company holding Good Manufacturing Practice Certificate,
Good Market standing and Non Conviction Certificates for last 3 years for the supply of
Drugs, Medicines & Consumables for use in the Govt. AYUSH institutions in the State of
Chhattisgarh, for a period of one year on Rate Contract basis. Direct Importers holding a
valid Import License and experience in the field for a minimum period of 3 years are also
eligible to participate in this tender.
Tender documents of the items will be available online to download from
the website http://health.cgeprocurement.gov.in upto 23/07/2011 till 17.30 hrs. Bidder
can submit his bid by paying Rs. 1100 as online bid submission fees. List of modes for
making online payment for the submission of the bids is available at the website.
Interested bidders can view the list of payment modes from website
http://cgeprocurement.gov.in.
Director
Ayurved, Yoga & Naturopathy, Unani,
Siddha and Homeopathy (AYUSH)
Chhattisgarh
AYUSH/ Drugs, Medicines & Consumables /Tender/2011-12
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Not Transferable
Directorate of Ayurved, Yoga & Naturopathy, Unani,
Unani, Siddha and Homeopathy(AYUSH)
Chhattisgarh, Raipur
Behind, Mantralaya, Raipur
TERMS & CONDITIONS OF TENDER FOR THE SUPPLY OF
DRUGS, MEDICINES & CONSUMABLES
TO
DIRECTORATE OF AYUSH
INSTITUTIONS UNDER HIS ADMINISTRATIVE CONTROL
CHHATTISGARH
(FOR A PERIOD OF ONE YEAR FROM THE DATE OF AWARD OF R/C.)
*****
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TABLE OF CONTENTS
PAGE NO
CHAPTER 1.
INSTRUCTIONS TO TENDERERS
CHAPTER 2.
TERMS & CONDITIONS OF TENDER
CHAPTER 3.
ANNEXURES
(i) MARKET STANDING CERTIFICATE (PROFORMA -Annexure I 16
FOR PERFORMANCE STATEMENT)
(for a period of last three years)
(ii) PACKING INSTRUCTION -Annexure II 17
(iii) DECLARATION -Annexure III 18
(iv) DECLARATION FORM -Annexure IV 19
(v) DETAILS OF MANUFACTURING UNIT -Annexure V 20
(vi) CHECK LIST -Annexure VI 21
(vii) AGREEMENT FOR R/C -Annexure VII 22
(viii) LIST OF DRUGS, MEDICINES & CONSUMABLES -Annexure VIII 24
(ix) INFORMATION & INSTRUCTIONS TO THE - 25-27
BIDDERS FOR e-PROCUREMENT SYSTEM
(x) PRICE BID - 28-29
*****
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INSTRUCTIONS TO TENDERERS
1. Tenders are being invited for the supply of Drugs, Medicines & Consumables as per
Schedule of Requirement Annexure-VIII are meant for concluding Rate Contract for
a period of one year from the DATE OF AWARD OF CONTRACT
(ACCEPTANCE OF THE TENDER). The Rate Contract period may, however, be
extended for a further period on mutually agreed terms.
2. a) Only those manufacturing units/ authorized dealer of original company which
have minimum turnover of annual Rs 50 Lakh for out of State units & Rs. 25 Lakh
for units located in Chhattisgarh State during the last three financial years, will be
eligible for participation in the tender. The certificate of annual turnover should be
issued by sales tax authority/CA.
b) Direct importers holding valid import license whose annual turnover is more than
Rs. 50 Lakh during the last financial years are also eligible to participate in the
tender. The certificate of annual turnover should be issued by Sale's Tax Authorities.
3 Online prequalification bid will be opened in the presence of bidder.
COVER-A
PRE-QUALIFICATION, TECHNICAL & COMMERCIAL BID.
3.1 The tenderer should upload scan copy of documents & certificates online for the
items tendered, arranged serially as per the tender terms & conditions.
a) Earnest Money Deposit in the form of an FDR for Rs. 2,70,000/- (Rs. Two lac
seventy thousend only) from any scheduled bank favoring Director Ayurved, Yoga &
Naturopathy, Unani, Siddha and Homoeopathy (AYUSH),Chhattisgarh, Raipur.
Local manufacturing Units of Chhattisgarh will be exempted from paying EMD on
submission of competency certificate from District Trade and Industry Center
(DTIC). EMD should be submitted in a closed envelop as per tender schedule.
b) Attested photocopy of License for the products duly approved by the Licensing
authority must be enclosed for each and every product quoted in the tender. The
license must have been duly renewed up to date & valid for complete Rate Contract
period & supplies being made against it. The items quoted shall be clearly marked.
c) Attested photocopy of valid import license issued by Licensing Authority if it is an
imported item. The license must have been renewed up to date inline with (b) above.
d) Market Standing Certificate (issued by the Licensing Authority) (as per Annexure I)
as a Manufacturer with at least three years continuous manufacturing License i.e.
2008-2009, and 2009-2010 & 2010-2011 in respect of items covered by Drugs and
Cosmetics act, 1940 and rules there under for each drug quoted. In case of direct
importer, evidence for possessing and actually importing the said items for the last
three financial years.
e) Valid Good Manufacturing Practices Certificate for each product/products issued by
the Licensing Authority .
f) Performance certificate of bidder from users in govt./semi govt. department is
mandatory. Also submit the license for sell, stock & exhibit for sale or distribution of
drugs.
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g) In case the bidder is an authorized dealer, should submit the original letter of
authorization.
h) Manufacturing units of out of State should have minimum turnover of Rs 50 Lakh
and 25 Lakh for units located in Chhattisgarh State during last three financial year
.
i) Copies of balance Sheet and Profit and Loss Account for three years i.e. 2008-2009,
and 2009-2010 & 2010-2011. certified by the Auditor.
j) Valid Sales Tax Clearance certificate issued by Sales Tax Authorities.
k) Documents, if any, to show that the manufacturing unit has been recognized, by ISO
Certificate etc., (for manufacturers only.)
l) Notarized undertaking (in the proforma given in Annexure III) for printing the label
of pack as per instruction given in Annexure II.
m) The declaration form in Annexure IV signed by the tenderer and notarized.
n) Details of technical personnel involved in the manufacture and testing of drugs.
o) List of plant and machineries.
p) True copies of record of manufacture for the drugs quoted to establish their 3 years
market standing for the drug.
q) List of items quoted (The name of the drugs, medicines & consumables quoted alone should
be furnished and the rates of those drugs, medicines & consumables should not be indicated
in this list). as per Annexure VIII List of quoted items must be submitted online showing
following particulars.
S.No. Ref. No. Name of item Manufacturer Pack Size Packing Detail
r) Details of manufacturing unit as per Annexure V.
s) Non-conviction Certificate issued by F.D.A.
t) Check list as per Annexure VI .
3.1.1 (a) Forwarding letter of the firm.
(b) Earnest Money Deposit.
(c) The documents / certificates should be under the name and address of the
premises where items quoted are actually manufactured.
(d) The tenderer shall submit a checklist for the list of documents enclosed. The
documents shall be serially arranged and shall be tied or bound in duplicate.
3.1.2 Directorate of Ayurved, Yoga & Naturopathy, Unani, Siddha and Homeopathy
(AYUSH), Chhattisgarh reserves the right to reject the tender of blacklisted
companies and of those companies whose past performance with Directorate of
AYUSH Chhattisgarh was poor due to delayed and erratic supplies, frequent product
failures etc.
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COVER-B
PRICE BID
3.2 Tenderer should submit terms & conditions and prices Online.
3.2.1 The unit price on FOR Destination inclusive of all duties & taxes will be the criteria
for determining the L-1 rate.
3.2.2 The rate quoted in price column should be for the unit and specification given. The
tenderer is strictly prohibited to change/alter specification or unit size quoted .
3.2.3 Each page of the documents should be authenticated by the tenderer with seal.
Online Tenders will be opened at the Directorate of AYUSH, Chhattisgarh, Raipur
at the above address as per tender schedule in the presence of the Tenderers/Senior
responsible Officers/ representative of the company who choose to be present.
Online price bid of only those companies who satisfy the standard criteria laid down
by the Directorate of AYUSH, Chhattisgarh on the basis of the details furnished by
the tenderer in pre qualification bid will be opened on notified date separately for
public opening.
Director
Ayurved, Yoga & Naturopathy, Unani,
Siddha and Homeopathy (AYUSH)
Chhattisgarh, Raipur
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TERMS & CONDITIONS OF TENDER
1. LANGUAGE
The tender should be submitted in English.
2. GENERAL CONDITIONS
2.1 Only the manufacturing company/Authorized agents for the tender/Direct importers shall
qualify to participate in the tender.
2.2 The Total turn over for past 3 years should not be less than Rs. 50 lacs.
2.3 Valid Sales Tax certificate must be enclosed.
3. EARNEST MONEY DEPOSIT
3.1 The Earnest Money Deposit referred to at Para 3.1(a) of Instructions to tenderers
shall be Rs. 2,70,000/- (Rs. Two lac seventy thousend only) in the form of FDR from
any scheduled bank favoring Directorate of AYUSH, Chhattisgarh, Raipur. EMD in
the form of CHEQUE/ CASH/ POSTAL/BANK Guarantee order will not be
accepted. But for Public Sector Under taking unit Bank Guarantee may also be
accepted .
3.2 Deposit in any other form, which may have been made earlier or any payment
pending with the purchaser will not be adjusted towards this earnest money deposit.
3.3 The Earnest Money Deposit of unsuccessful Tenderer will be returned .
4. SECURITY DEPOSIT
4..1 The tenderer whose offer is accepted on being informed should execute an agreement
with Director AYUSH Raipur on Stamp paper of the value of Rs. 100/-, in duplicate,
after submission of security deposit.
4..2 The Successful tenderer shall be required to pay 5% security deposit of the order placed for the
period of 3 months beyond validity of Rate Contract. The Earnest Money may also be converted as a
Security Deposit. The difference of amount between EMD and Security Deposit will be deposited
within 15 days from the date of receipt of intimation of the acceptance of offer.
4..3 The Security Deposit should be paid in respect of each contract on or before the due date fixed, in the
form of FDR from any scheduled Bank only, drawn in favour of the Director, Ayurved, Yoga &
Naturopathy, Unani, Siddha and Homoeopathy (AYUSH), Chhattisgarh, Raipur
5. AGREEMENT
5.1 The tenderer whose tender is accepted shall execute an agreement on a non-judicial
stamp paper of value of Rs. 100/- (stamp duty to be paid by the tenderer) with the
Director AYUSH, Chhattisgarh, Raipur, within 15 days from the date of receipt of
the intimation by him that his tender has been accepted. The specimen form of
agreement is as given in ANNEXURE VII.
5.2 The Security Deposit furnished by such tenderer in respect of his tender will be
returned to him within 3 months after completion of Rate Contract period or the
extended period if any, on satisfaction of the Director AYUSH, Chhattisgarh that all
the supply orders against Rate Contract have been executed satisfactorily.
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5.3 In the case of successful tenderers, the Earnest Money Deposit may, at the discretion
Of Director AYUSH, Chhattisgarh, Raipur, be adjusted towards the Security Deposit
payable by him, and for unsuccessful tenderers it will be returned.
6. EXPIRY DATE
All products must indicate the date of manufacturing and expiry. All products must
arrive at the purchaser’s point with a remaining shelf life of at least 80% (eighty
percent) of the total stipulated shelf life of the product, failing which consignees will
have right of rejection within 60 days of supply. Under such condition it will be
expected from the manufacturer to take back the rejected articles within 15 days and
returned the money if paid.
7. PRICES AND OTHER CONDITIONS
7.1 The details of the required Drugs, Medicines & Consumables, are shown in
Annexure VIII. The Quantity mentioned is only the tentative requirement and may
increase or decrease as per the decision of the Director AYUSH, Chhattisgarh,
Raipur. The rates quoted should not vary with the quantum of the order or the
destination, slab discount and discount for early delivery offered will not be taken for
ranking.
7.2 Rates to be quoted inclusive of Excise Duty, Sales Tax , Vat (if applicable),
transportation, insurance, and any incidental charges on F.O.R. destination basis (in
Chhattisgarh State), should be quoted for each of the required drugs, medicines etc.,
with cost break up.
7.3 No tender for the supply of drugs, medicines, etc. with conditions like ‘AT
CURRENT MARKET RATES” shall be accepted and no tender in which the rate is
quoted for a unit other than the one asked for shall be considered. No handling,
clearing or transportation charges etc. will be paid extra. The deliveries should be
made as stipulated in the supply order placed with successful tenderers.
7.4 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).
The Director AYUSH, Chhattisgarh, at his 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.
7.5 As per Store Purchase rules of Government of Chhattisgarh 10% price preference
will be given to state’s SSI Units, provided those units should fulfill all terms and
conditions of the tender.
7.6 The rates quoted and accepted will be binding on the tenderer for the stipulated Rate
Contract Period and on no account will any increase in the price be entertained till
the completion of this period.
7.7 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, or if the tenderer is an authorized dealer, then either the
tenderer or the manufacturer whose authorized dealer is the tenderer, shall be morally
and statutorily bound to inform the Director AYUSH, Chhattisgarh, Raipur
immediately about such reduction in the contracted prices and the reduction shall be
applicable on the contracted rate from the same date. The Director AYUSH,
Chhattisgarh, Raipur is empowered to unilaterally effect such reduction as is
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necessary in rates in case the tenderer fails to notify or fails to agree for such
reduction of rates. In case of any enhancement in Excise Duty due to statutory act of
the Government after the date of submission of tenders and during the contract
period, the quantum of additional excise duty so levied will be allowed to be charged
extra as separate item without any change in price structure of the drugs, medicines &
consumables 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 indicating the commitment for the supply made to The
Director AYUSH, Chhattisgarh. For this purpose tenderer must quote quantum of
excise duty so included in their prices.
7.8 If the purchaser receives single offer for any of the product and feels the price to be
reasonable, then it may be accepted.
NOTE:
(i) No tenderer should quote for a product for which the company has been
blacklisted either by Director AYUSH, Chhattisgarh or by any other State/ Central
Government organization.
(ii)Also no company, which has been, blacklisted by Director AYUSH, Chhattisgarh
or by any other State/ Central Government organization should participate in the
tender during the period of blacklisting.
(iii) No tenderer shall be allowed at any time on any ground whatsoever to claim
revision of or modification in the rates quoted by him. Clerical error, typographical
error etc., committed by the tenderers in the tender forms shall not be considered
after opening of the tenders. 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 for that reason shall be
summarily rejected.
8. PACKING INSTRUCTION
The Drugs, Medicines & Consumables shall be supplied in the packaging specified for
the drug as per “Drug & Cosmetic Act” as per the Annexure II & IIA, respectively.
The Drugs, Medicines & Consumables may be supplied with bar coding.
8.1 a) It should be ensured that only first use packaging material of uniform size including
bottle/ plastic jar is used for making supplies.
b) All primary packing containers should be strictly conforming to the specification
included in the relevant pharmacopoeia.
c) Packing should be able to prevent damage or deterioration during transit.
9. QUALITY TESTING AND INSPECTION
9.1 The purchaser reserves right to select from each batch at random of the consignment
received either at the time of receiving the goods or at any time during the shelf life of
the product for test and analysis at any laboratory approved under the Drugs and
Cosmetic act and Rules notwithstanding the routine sampling that may be carried out
by the Drugs and Regulatory authorities.
9.2 The samples may be sent to Laboratories approved under the Drugs and Cosmetic act
and Rules for testing as decided by the Director Ayurved, Yoga & Naturopathy,
Unani, Siddha and Homoeopathy (AYUSH), Chhattisgarh, Raipur. Handling and
testing charges will be deducted by Director (AYUSH), Chhattisgarh, Raipur for the
above purpose.
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9.3 The Drugs, Medicines & Consumables shall have the active ingredients at the maximum
permissible level throughout the shelf life period of the drug.
9.4 Samples which do not meet quality requirements shall render the relevant batches
liable to be rejected. 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
should be taken back by the tenderer within a period of 15 days of the receipt of the
letter from Directorate of Ayurved, Yoga & Naturopathy, Unani, Siddha and
Homoeopathy (AYUSH), Chhattisgarh, Raipur. The stock shall be taken back at the
expense of the tenderer. Directorate of Ayurved, Yoga & Naturopathy, Unani, Siddha
and Homoeopathy (AYUSH), Chhattisgarh, Raipur has the right to destroy such
substandard goods if the tenderer does not take back the good within the stipulated
time. The Drug Controller 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 cleared. The tenderer shall also not be eligible to participate in
Directorate of Ayurved, Yoga & Naturopathy, Unani, Siddha and Homoeopathy
(AYUSH), Chhattisgarh, Raipur tenders for supply of such Drugs, Medicines &
Consumables for a period of five subsequent years.
9.5 The tenderer should clearly understand that the decision of the Director Ayurved,
Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH), Chhattisgarh,
Raipur or any Officer authorized by him as to the quality of the supplied drugs,
medicines etc., shall be final and binding.
9.6 If the 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. If any drug
supplied by the tenderer is partially or wholly used or consumed after supply and is
subsequently found to be not as per specifications, unsound, inferior in quality or
description or are otherwise faulty or unfit for consumption, then the cost of such
Drugs, Medicines & Consumables will be recovered from the tenderer, if the payment
had already been made, in addition to penalty for the entire batch.
9.7 The tenderer shall furnish the source of procurement of raw materials utilized in the
formulations if desired by Director (AYUSH), Chhattisgarh, Raipur. Director
(AYUSH), Chhattisgarh, Raipur reserves the right to cancel the purchase orders if the
source of supply is not furnished.
10 VALIDITY OF RATE CONTRACT
The Rate quoted shall be normally valid for 12 months from the date of award of
Rate Contract. Rate Contract may be extend for a further period on mutually agreed
terms.
11 TENDER EVALUATION
The evaluation of the tender in cover-A and B (Technical and Commercial bid)
opened by the Tender opening Committee will be done by the Therapeutic cum
Experts Committee to provisionally assign the item-wise selection in the order of
preference as under.
First Preference
-L- I
Second Preference -L- II
Third Preference
-L- III
The purchaser may execute parallel Rate Contract with L-II & L-III Contractors to
ensure uninterrupted supplies of Drugs, Medicines & Consumables at the L-1 Rate . If
the contract holders fails to execute the purchase order within the mutually agreed
delivery period, the order will be cancelled at firm's risk and cost and thereafter, the
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purchaser shall opt for other contractors in the order of priority and the difference of
cost will be recovered from the defaulting contractors and purchaser may short close
the contract of the defaulting contractors.
12. STAGGERED SUPPLY
The contractor should accept the supply orders issued by end users listed in
Annexure-VIII for any item for staggered supply, with stipulated time schedules for
supplies if so desired by the purchaser and only to such specified quantity as per the
schedule specified in the supply order and submit separate bills for payment for each
supplies to the centralized payment agency at Raipur.
13. ORDERS AND DELIVERY SCHEDULES
13.1 The purchaser does not guarantee the quantity, which will be ordered. The quantity
mentioned in Annexure-VIII are tentative and no claim for release of order can be
entertained.
13.2 The purchaser reserves the right to order for only such quantity as may be necessary
and the bidder is bound to supply the ordered quantity only. Quantities supplied in
excess will not be paid for.
13.3 Supply orders will be released by Director AYUSH/Direct Demanding Officer
(DDO) directly on the Rate Contract holder.
14. ORDER PLACING AUTHORITY (DIRECT DEMANDING OFFICERS)
The purchaser viz. Directorate of Ayurved, Yoga & Naturopathy, Unani, Siddha and
Homoeopathy(AYUSH), Raipur and the direct demanding officers i.e. Principal
Govt. Aurvedic College, Deputy Director Govt. Ayurvedic College Hospital &
District Aurvedic Officers of Districts are only authorized to operate Rate Contracts
and sign supply orders. They should compulsorily send a copy of the supply orders
placed, to the Directorate of Ayurved, Yoga & Naturopathy, Unani, Siddha and
Homoeopathy (AYUSH).
15. DELIVERY
15.1 Delivery schedule should conform to the normal schedule indicated in Rate contract
or as per the supply order placed.
15.2 However, the contractor is permitted to supply the ordered quantity in phases not
exceeding two as mutually operated with direct demanding officer.
16. ACCEPTANCE OF TENDER AND SUPPLY CONDITIONS
16.1. Director AYUSH, Chhattisgarh, Raipur reserves the right to reject the tenders or to
accept the tenders for the supply of all articles or for any one or more of the articles
tendered for in a tender without assigning any reason.
16.2. The Director AYUSH, Chhattisgarh, Raipur will be at liberty to terminate without
assigning any reasons thereof the contract either wholly or in part, on one month’s
notice. The tenderer will not be entitled for any compensation whatsoever in respect
of such termination.
16.3 The acceptance of the tenders shall be communicated to the tenderers in writing.
16.4 The tenderer shall furnish the delivery schedule immediately on receipt of an order.
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16.5 It shall be the responsibility of the tenderer for any shortages/damages at the time of
receipt in warehouse and Director AYUSH, Chhattisgarh, Raipur is not responsible
for the stock of drug received, for which no order has been placed.
16.6 If the contractor fails to execute the supply within the stipulated time, the Director
AYUSH, Chhattisgarh, Raipur is empowered to make emergency purchases at the
risk & cost of the contractor and claim the difference in total cost from the tenderer in
addition to other penal clauses.
16.7 All the 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 supply order.
The supplied medicines and drugs should have a minimum potency period of the
maximum period as prescribed in the Drugs and Cosmetics Act 1940 and rules there
under on the date of supply.
16.8 The Director AYUSH, Chhattisgarh, Raipur or his authorized representative(s) has
the right to inspect the factories of those companies who have quoted for the tender,
before accepting the rate quoted by them or before releasing any order(s) or at any
point of time during the continuance of tender and has also the right to reject the
tender or terminate/ cancel the orders issued or not, based on facts brought out during
such inspections.
16.9 The tenderer must submit a Test Analysis report from a Government approved
laboratory for every batch of drug along with invoice.
17. REPLACEMENT OF ITEMS
17.1 Items supplied in damaged or soiled condition or found “Not in conformity” with the
accepted specification, will not be accepted and should be replaced at no extra cost to
the Government WITHIN 30 DAYS FROM THE DATE OF RECEIPT OF
INTIMATION, failing which, 2% penalty will be levied for the belated supplies
made within another 30 days.
17.2 The replacements are not effected even within the above penal period, the purchaser
will be free to proceed with the purchase from alternate sources as per clause 16.6.
18. BLACK-LISTING OF DEFAULTING CONTRACTORS:
The purchaser reserves the right to BLACK-LIST any contractor either in whole or in
part limiting to specified product/ products, and period for breach of any of the terms
and conditions of the tender. Such BLACKLISTED CONTRACTOR AND HIS
ESTABLISHMENT will not be eligible to participate in any of the Departmental
tenders for notified period.
19. TERMINATION OF CONTRACT UNDER SPECIAL CIRCUMSTANCES
The purchaser may without prejudice to any other remedy for breach of terms and
conditions of tender, by written notice of one month, terminate the contract either in
whole or part, stating reasons thereof.
20. ARBITRATION
Secretary (Health) will be the final authority to listen or appoint any Arbitrator not
below the rank of Dy. Secretary to the Govt. of Chhattisgarh from Government /Semi
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Government/Judiciary to resolve any dispute of contract provisions of Arbitration &
Reconciliation Act 96 will be applicable and place of Jurisdiction will be Raipur.
21. SAVING CLAUSE PROTECTION OF ACTION TAKEN IN GOOD FAITH
No suit, prosecution or any legal proceedings shall lie against the purchaser or any
person for anything which is done in good faith or intended to be done in pursuance
of this tender.
22. PAYMENT PROVISIONS
22.1 Payment against supply order will be made either on a centralized basis by the
paying authority of AYUSH Raipur or as per instruction of DIRECTOR AYUSH
through Principal, Govt. Ayurvedic College Raipur, Dy.Director Ayurvedic College
Hospital Raipur / District Ayurvedic Officer of the districts etc. indicated in supply
order.
22.2 No advance payments towards costs of Drugs, Medicines & Consumables etc. will be
made to the tenderer. 100% payment will be made only after the supplies are
effected as per the supply order.
22.3 Payments towards the supply of Drugs, Medicines & Consumables, will be made
strictly as per rules of the Government of Chhattisgarh.
22.4 No claims shall lie against the Director AYUSH, Chhattisgarh, Raipur in respect of
interest on Earnest Money Deposit or on Security Deposit.
22.5 In all supplies actual testing charges will be deducted from the supplier.
22.6 If the supply received in damaged condition it shall not be accepted.
QUALITY CONTROL DEDUCTION :
22.7 All the tenderers are required to supply the product with prescribed specification,
etc., and also the specified quantity to the specified warehouse. If there is any
deviation in these tender conditions a separate fine will be levied.
22.7.1 If the product failed in quality test, the total value of supply of that particular batch
will be replaced free of cost within 60 days, even if it has already been issued. If the
supplier fails or refuse to replace, the supplier will be moved for Black Listing.
22.7.2 If there is any complaint about the quality/potency etc. of the product, the remaining
quantity in the particular batch will be returned to the supplier and value equal to the
quantity returned will be recovered.
23. PENALTIES
23.1 Purchaser reserves a right to impose liquidated damages and denial clauses for
delayed supplies on rate contract holding firms, in case the original delivery period
may be once extended for certain period in the interest of supplier. Under this
situation liquidated damages will be imposed @ 2% per month. During the extended
delivery period no increase in prices will be allowed due to increase in duties & taxes
and cost of raw material what so ever.
23.2 If the successful tenderer fails to execute the agreement and /or to deposit the
required security 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
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eason, he is unable to undertake the contract, his contract will be cancelled and the
Earnest Money deposited by him along with his tender shall stand forfeited by the
Director AYUSH, Chhattisgarh, Raipur and he will also be liable for all damages
sustained by the Director AYUSH, Chhattisgarh, Raipur by reasons of breach, such
as failure to supply/delayed supply, including the liabilities to pay any difference
between the prices accepted by him and those ultimately paid for the procurement of
the articles concerned.Such damages shall be assessed by the Director AYUSH,
Chhattisgarh, Raipur, whose decision will be final in the matter.
23.3 If any article or thing supplied by the tenderer have been partially or wholly
used or consumed after supply and is subsequently found to be in bad order,
unsound, inferior in quality or description or are 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. Otherwise
the tenderer will not be entitled to any payment whatsoever for such article. For
infringement of the stipulations of the contract or for other justifiable reasons, the
contract may be terminated by the Director AYUSH, Chhattisgarh, Raipur.The
tenderer shall be liable for all losses sustained by the Director AYUSH, Chhattisgarh,
Raipur, in consequence of the termination which may be recovered personally from
the tenderer from his properties, as per rules.
23.4. Non performance of contract provisions will disqualify a firm to participate in the
tender for the next five years.
23.5 In the event of tendered supplies failing quality tests, contract with the tenderer
will be suspended and purchases made from alternative suppliers. Such firms may
be black listed for five years beginning from the year following the one in which
defective supplies were detected. The tenderer shall be also be liable for action under
criminal law and the matter shall be notified to the Drug controller.
23.6 In all the above conditions, the decision of the Director AYUSH,Chhattsigarh ,
Raipur shall be final and binding.
23.7 In the event of any dispute arising out of the tender such dispute would be
subject to Arbitration / the jurisdiction of the Civil Court within the city of Raipur.
24. SPECIAL CONDITIONS
24.1 All supplies should accompany original delivery note or invoices and the test reports.
24.2 Photocopies/ fax copies of the delivery note or the invoice will not be accepted.
24.3 Good Non-Absorbable paper should be used for the delivery note and the invoices.
24.4 The matter pertaining to the supplies should be either printed or typewritten or legibly
hand written on the delivery challan or the invoice.
24.5 The delivery challan or the invoice should not contain any matter on its reverse side.
24.6 The label of the item supplied under the contract shall not carry the M.R.P.
***
15

ANNEXURE-I
Ref. Clause –3.1(d)
MARKET STANDING CERTIFICATE
(PROFORMA FOR PERFORMANCE STATEMENT)
(for a period of last three years)
(2008-2009, 2009-2010, 2010-2011)
Name of the Firm:
__________________________________________
Order
placed by
(full address
of
Purchaser)
Order
No.
and
date
Description
and quantity
of ordered
Drugs,
Medicines &
Consumabl
es
Value
of
order
Unit
Total
Delivery period
As per
Original
contract
Actu
al
Remarks Was the supply of
indicating Drugs, Medicines &
reasons for late Consumables
delivery, if any satisfactory(attach a
certificate from the
Purchaser/Consignee)
Signature and seal of the Bidder ______________________________
______________________________
______________________________
Affidavit before Executive Magistrate/Notary Public:-
16

ANNEXURE -II
Ref. Clause No. 3.1 (l)
PACKING INSTRUCTION
Liquids & semisolid preparations should be in glass bottles with pilfer-proof caps &
other preparations should be in plastic jars.
the label of the packs should be over printed in red colour with the words “For
Chhattisgarh Government Supplies-Not for sale”. On the Carton /bottle labels/jar
labels as the case may be.
Packing will be as per Drug & Cosmetic act 1940 Rules 1945
Signature of the Tenderer
Name in capital letters with designation
17

DECLARATION
ANNEXURE-III
Ref. Clause No. 3.1(l)
I do hereby declare that I will supply the Drugs, Medicines & Consumables
as per the instructions given in this regard in Annexure II .
Attested by Notary Public.
Signature of the Tenderer
Name in capital letters with designation
18

ANNEXURE-IV
Ref. Clause No. 3.1(m)
DECLARATION FORM
I/We ____________________________________________________________ having
our office at ___________________________________________________________
do declare that I/We have carefully read all the conditions of tender sent to me/us by the
Director AYUSH, Chhattisgarh, Raipur, for the tenders floated by him, for the supply of
Drugs, Medicines & Consumables, for the tender period of one year, from the date of award
of Rate Contract and abide by all conditions set forth in the tender paper.
I/We further declare that I/We possess valid drug manufacturing License bearing
No.____________________________valid up to_________________________________
I/We _________________________________________________do hereby declare that I
will supply the Drugs, Medicines & Consumables as per the declaration given in Annexure
III. Printing in bold letters “For Chhattisgarh Govt. Supply - Not For Sale” in red colour
ink.
Signature of the bidder
Date:
Name of the
Firm and address:
Attested by Public Notary
19

ANNEXURE -V
Ref. Clause No. 3.1(r)
DETAILS OF MANUFACTURING UNIT
Name of the Tenderer & Full Address ............................................................
………............................................................
Phone Nos. .............................................................
Fax .............................................................
E-Mail .............................................................
Date of Inception .............................................................
License No. & Date ..............................................................
Issued by .............................................................
Valid up to .............................................................
Details of installed Production Capacity.
Details of Installed Production Capacity for 60 days/ 1 year
Powder
Liquids
Oils
Others
Name & designation of the authorised signatory :
Specimen signature of the authorised signatory :
*The details of manufacturing unit shall be for the premises where items quoted are
actually manufactured.
20

ANNEXURE VI
Ref. Clause No. 3.1(t)
CHECK LIST
COVER- A.
1. EMD in the form of FDR shall be kept in an
envelop .
Page
No.
Yes
No
2. Photocopy of DTIC (District Trade & Industry
Centre Certificate).
Page
No.
Yes
No
3. Duly attested photocopy of license for
product approved by licensing authority.
Page
No.
Yes
No
4. Duly attested photocopy of Import License, if
imported
Page
No.
Yes
No
5. Market Standing Certificate issued by the
Licensing Authority (Annexure I).
Page
No.
Yes
No
6. Good Manufacturing Practices certificate Page
No.
Yes
No
7. Annual turnover statement for 3 years BY
Sales Tax Authorities/CA
Page
No.
Yes
No
8. Copies of balance sheet & profit loss
Account for three years by CA
Page
No.
Yes
No
9.Valid Sales Tax, VAT Clearance Certificate
Page
No.
Yes
No
10. ISO Certificate (Manufacturer only) Page
No.
11. Annexure-II & Annexure-III Page
No.
12. Annexure-IV Page
No.
13. Annexure-V
Yes
Yes
Yes
No
No
No
14. Technical personnel involved in the
manufacture and testing of drugs.
Page
No.
Yes
No
15. Agreement Annexure-VII Page
No.
16. Non-conviction Certificate issued by F.D.A. Page
No.
Yes
Yes
No
No
17. List of items quoted.(without indication of
prices)
Page
No.
Yes
No
18. Check List as per Annexure-VI Page
No.
Yes
No
21

AGREEMENT FOR R/C
ANNEXURE-VII
Ref. Clause No.5.1
This agreement made on this day the (the ___ day of ___Two thousand and___) between
Shri/Smt ……………………………… the of M/s………………………………….herein
after called the “supply Contractor” and the Director, AYUSH, Chhattisgarh, Raipur herein
after called the “Purchaser.”
Whereas the Purchaser is desirous that the Drugs, Medicines & Consumables and certain
Miscellaneous items specified in the Tender document here under should be provided by the
“supply contractor” named above as L-1, L-2, L-3 contractor by accepting the bid offered by
the supply contractor in response to the Notification No. Dated for supply of the
Drugs, Medicines & Consumables and certain Miscellaneous items specified in the tender
document of following description and specification at the rate specified against each on
Rate Contract basis for a period 24 months from the date of award of Rate Contract, under
the Terms and Conditions of stipulated in the Tender Notification.
In consideration of the payments to be made by the purchaser as hereafter mentioned, the
supply contractor hereby agrees with the purchaser to provide the said materials in
conformity in all respects with the terms and conditions of the Tender Notification. Which
includes the descriptions and specifications of the material.
The purchaser hereby agrees to pay the supply contractor in consideration of the satisfactory
supplies made in accordance with the stipulated terms and conditions of the Tender
Notification, which includes the descriptions and specifications of the material.
Particulars of the material, which shall be supplied by the supplier, are as per
Annexure-VIII.
The supply contractor on his part has hereby agrees to supply the said scheduled item to the
Purchaser at the destination specified in the supply order in such specified quantity as may be
specified by the Purchaser, as per the terms and conditions of the tender and the notification
at the price per unit pack stated above.
The supply contractor hereby declares that he/she has read or got the same read out for
him/her understood the terms and conditions of the Notification, tender which includes the
specification and descriptions of the item/s and penal clauses in case of default or violation
of the contract and agrees to abide by the same in all respect.
In witness thereof the ‘supply contractor has hereby affixed his signature and seal before the
witness:
Place:__________________
Date: __________________
Witness;
1. __________________
(Name of the witness)
Address:
2. __________________ Signature of the supply contractor
(Name of the witness)
& seal
Address:
22

LIST OF DRUGS, MEDICINES &
CONSUMABLES
AND
APPROX QUANTITY REQUIRED
FOR RATE CONTRACT
23

LIST OF DRUGS, MEDICINES & CONSUMABLES FOR TENDER
Ref.No.
Name of Drugs, Medicine &
Consumables
Specification
ANNEXURE -VIII
Ref. Clause No. 3.1(q)
Apro.Total
Packing Quantity/Pack
1 Surgical cotton roll - 200gm 99427
2 Surgical cotton roll - 500gm 18473
3 Roll Bandage 5 cm x 3mt per dozzen dozzen 10115
4 Roll Bandage 7.5cm x 3mt per dozzen dozzen 10387
5 Roll Bandage 10cm x 3mt per dozzen dozzen 9321
6 Roll Bandage 5 cm x 5mt per dozzen dozzen 8583
7 Roll Bandage 7.5cm x 5mt per dozzen dozzen 9708
8 Roll Bandage 10cm x 5mt per dozzen dozzen 9058
9 Adhesive Plaster 2.5 cm x 1mt, per dozzen dozzen 6601
10 Adhesive Plaster 7.5cm x 5 mt, per dozzen dozzen 6533
11 Adhesive Plaster 10cm x 5mt per dozzen dozzen 6561
12 Povidone-Iodine I.P. 5% w/v solution 400ml 76390
13 Povidone-Iodine I.P.Ointment 10gm 131926
14 Povidone-Iodine I.P.Ointment 20gm 35436
15 Povidone-Iodine I.P.Ointment 400 gm 37926
16 Boric Powder (Boric Acid) I.P. 400 gm 70546
17 Savlon or other
(Chlorhexidine gluconate 7.5% v/v,
Strong cetrimide 16%w/v, Isopropyl
alcohol 6.8% v/v)
400 ml
35399
18 Cresol solution IP 50% v/v 400 ml 13361
19 Surgical Spirit 70% alcohol Isopropyl alcohol v/v 400 ml 21346
20 Hydrogen peroxide IP 3% Solution 400 ml 23349
21 Acriflavin Crystal / Powder 20gm 13809
22 Acriflavin Crystal / Powder 100gm 10903
23 Acriflavin Crystal / Powder 400gm 9742
24
Tincture Iodine
(Weak Iodine Solution)
I.P. 66, Alcohol 45-48%
400ml
25 Turpentine Liniment I.P. 66, 20ml
137547
57102
26 Turpentine Liniment I.P. 66, 200ml 53583
27 Turpentine Liniment I.P. 66, 400ml 17289
28 TurpentineOil I.P./B.P. 400ml 25206
Potassium
71459
29
I.P.
400gm
Permanganate(KMNO 4 )
30 Glycerin I.P. 200gm 83823
31 Glycerin I.P. 400gm 78882
32 Nitrofurazone Cream USP 2mg per gram 10gm 42364
33 Nitrofurazone Cream USP 2mg per gram 400gm 32904
34 White Petrolium Jelly I.P. 400 gm 26794
24

INFORMATION & INSTRUCTIONS TO THE BIDDERS FOR
e-PROCUREMENT SYSTEM
Annexure - O
Special conditions and Instructions for e-Procurement System as given in the subsequent pages will overrule
the conditions stated in the Tender document wherever relevant and applicable.
1. Enrollment/Registration & Empanelment of the Contractors/Bidders on Government of Chhattisgarh’s
e-Procurement Portal.
In order to participate in the tenders floated using the e-Procurement System, all contractors/bidders are required to
get enrolled on the e-Procurement portal (http:cgeprocurement.gov.in)
2. Set-up of Machine:
In order to operate on the e-Procurement System, setting of User’s Machine is required. For which the User has to
install some utilities in his machine as per the instructions in Help Manual for Machine Setup (Available for
download on the e-Procurement Portal). The copy of the same may be obtained From Service Provider of the
e-Procurement system: “Wipro Limited in consortium with the M/s NexTenders (India) Pvt. Ltd.”
3. Obtaining a Digital Certificate:
The bids submitted online should be signed electronically with a Digital Certificate to establish the identity of the
bidder bidding online. These Digital Certificates are issued by an approved certifying authority, authorized by
the Controller of Certifying Authorities, Government of India.
A Digital Certificate is issued upon receipt of mandatory identity proofs and verification letters attested by Gazetted
Officer. Only upon the receipt of the required documents, a digital certificate can be issued.
The registered contractors may obtain the information required to issuance of a class II Digital Signature Certificate
from the Controller of Certifying Authorities website (www.cca.gov.in) or the Service Provider of e-Procurement
system for Government of Chhattisgarh at :
NexTenders (I) Pvt. Ltd,
“Saket” B-31,
opp. Gulab Industries ,Shailendra Nagar Raipur, C.G.
e-Mail: raipur@nextenders. Com
Ph. 0771-4079400
Important Note: Submission of Bids for a particular tender shall be done only using the digital certificate. In case,
during the process of a particular tender, the user loses his Digital Certificate (i.e. due to virus attack, hardware
problem, operating system problem etc.) he may not be able to submit the bid online. Hence the users are
advised to back up the certificate and keep the copies at safe places under proper security to be used in case
25

of emergencies. Neither the Purchaser/ Government of Chhattisgarh, nor the Application Service Provider shall
be responsible for any such loss of Digital Signature Certificate.
In case of online tendering, the digital certificate issued to the authorized user of a firm and used for electronic
tendering will be considered equivalent to no-objection certificate/power of attorney to that user. The firm has
to authorize a specific individual via an authorization certificate signed by all partners to use the digital
certificate as per Indian IT Act 2000. Unless the certificate is revoked, it shall be assumed to represent
adequate authority of the user to bid on behalf of the firm for Water Resources Department tenders as per
Information Technology Act 2000. The digital signature of this authorized user will be binding on the firm, it
shall be the responsibility of management/partners of the registered form to inform the Certifying Authority or
Sub-Certifying Authority, if the authorized user changes, and apply for a fresh digital certificate and issue a
fresh ‘authorization certificate’ for the new user.
The same procedure holds true for the authorized users in a Private/Public company. In this case, the authorization
certificate will have to be signed by the directors of the company.
4. Opening of an Electronic Payment Account:
For submitting the bids online, the contractors/bidders are required to make online payment using the electronic
payments gateway service as mentioned on the home page of http://cgeprocurement.gov.in
Arrangements have been made for Contractors/Bidders to make payments online via Credit Card/Cash Cards/Internet
Banking. The different modes of electronic payments accepted on
the e-Procurement System is available and can be viewed online on the e-Procurement Website
(httip://cgeprocurement.gov.in)
5. Payments for submission of bids online:
The Tender Documents may be downloaded free of cost from online eGPS by eligible Contractors/Bidders. The
Contractors/Bidders are required to make the payment for bid submission through online payment modes
mentioned in Point No.4 above. In Online Tendering, the “Application Form” for the issue of Tender Documents
shall not be required.”
The suppliers shall submit the bids by making online payment of Bid Document fees using the service of the secure
electronic payments gateway, and print out the system generated receipt of their reference which can be
produced whenever required.
The secure electronic payments gateway is an online interface between Contractors/Bidders and Credit Card/Online
payment authorization network.
Submission of Bids, Security Deposit and other Documents will be governed by the time schedules given under “Key
Dates” on the online e-Procurement System Portal for the particular Bid.
(Please refer to the Help Manual for viewing of New Tenders online on the e-Procurement Portal)
6. Tender Download: Eligible/Interested Bidders can download the Tender Document online.
26

7. Submission of Bid Seal (Hash): The online submission of bids will be preceded by submission of the
“digitally signed bid seal (hash)” as stated in the tender time schedule (Key Dates) published in the notice. The
contractors cannot change any bid data after the generation of bid seal (Hash).
8. Generation of Super-Hash: After the time of submission of Bid Seal (Hash) by the Contractors/Bidders has
lapsed, the bid round will be closed and a “digitally signed tender Super-Hash” which will be prepared by
concerned Departmental Official. This is equivalent to sealing the tender box.
9. Submission of Actual Online Bids: Suppliers have to submit and sign their encrypted bids (by their user
Public-Key) online using their digital certificate after the generation of Super-Hash within the date and time as
stated in the tender schedule (Key Dates). The electronic bids of only those suppliers who have submitted their
bid seals (hashes) within the stipulated time, as per the tender time schedule (Key Dates), shall be accepted
by the system. A supplier who does not submit his bid seal (hash) within the stipulated time shall not be
allowed to submit his bid.
10. Submission of Security Deposit: The Suppliers will also submit their Security Deposit as usual in a sealed
physical “Cover-A” and the same should reach the stipulated department office as stated in the Tender
Document, in person. The Supplier shall also upload scanned copy of Security Deposit instrument along with
other details during online bidding.
11. Opening of Tender Documents: The authority receiving the bids or his duly authorized officer shall first open
the “Envelope A” of all the contractors/Bidders and check for the validity of SD and documents submitted in the
“Envelope-A”, as required by Directorate of AYUSH Chhattisgarh. In case, the requirements are incomplete,
the Technical Proposal of the concerned supplier received shall not be opened.
The authority shall then open the bids submitted by the suppliers online through the e-Procurement website. The
official shall match the hash of each bid with the hash submitted by the contractors prior to bid submission.
12. Fill Negotiated Rates: As per the department’s terms and conditions, the Successful bidder may have to
fill in Negotiated Rates if so Intimated or required during this process. In case of no negotiation or no change in
rates successful bidders need to complete the Fill Negotiated Rates Stage.
Key Dates: The bidders/ suppliers are strictly advised to follow the tender schedule (Key Dates) for their side of tasks
and responsibilities to submit their bids, as the system is time and date locked.
27