Chhattisgarh, Raipur - health.cgeprocure... - e-procurement

Directorate of Ayurved, Yoga & Naturopathy, Unani,Siddha and Homeopathy(AYUSH)Chhattisgarh,Behind, Mantralaya, RaipurTENDER NOTICETENDER FOR SUPPLY OF DRUGS, MEDICINES & CONSUMABLESOn Line Tenders are invited on behalf of Government of Chhattisgarh bythe 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 Certificateand Non Conviction Certificate etc. for the supply of Drugs, Medicines & Consumablesfor use in the Govt. AYUSH institutions in the State of Chhattisgarh, for a period of oneyear on Rate Contract basis. Direct Importers holding a valid Import License andexperience in the field for a minimum period of 3 years are also eligible to participate inthis tender.Tender documents of the items will be available online to download fromthe website http://health.cgeprocurement.gov.in upto 28.11.2011 till 17.30 hrs. Biddercan submit his bid by paying Rs. 1100/- as online bid submission fees. List of modes formaking online payment for the submission of the bids is available at the website.Interested bidders can view the list of payment modes from websitehttp://cgeprocurement.gov.in.DirectorAyurved, Yoga & Naturopathy, Unani,Siddha and Homeopathy (AYUSH)ChhattisgarhAYUSH/ Drugs, Medicines & Consumables /Tender/2011-12Not Transferable2

Directorate of Ayurved, Yoga & Naturopathy, Unani,Siddha and Homeopathy(AYUSH)Chhattisgarh, RaipurBehind, Mantralaya, RaipurTERMS & CONDITIONS OF TENDER FOR THE SUPPLY OFDRUGS, MEDICINES & CONSUMABLESTODIRECTORATE OF AYUSHINSTITUTIONS UNDER HIS ADMINISTRATIVE CONTROLCHHATTISGARH(FOR A PERIOD OF ONE YEAR FROM THE DATE OF AWARD OF R/C.)*****3

INSTRUCTIONS TO TENDERERS1. Tenders are being invited for the supply of Drugs, Medicines & Consumables as per Schedule ofRequirement Annexure-VIII are meant for concluding Rate Contract for a period of one year from theDATE OF AWARD OF CONTRACT (ACCEPTANCE OF THE TENDER). The Rate Contract periodmay, 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 turnoverof annual Rs 50 Lakh for out of State units & Rs. 25 Lakh for units located in Chhattisgarh State duringthe last three financial years, will be eligible for participation in the tender. The certificate of annualturnover should be issued by sales tax authority/CA.b) Direct importers holding valid import license whose annual turnover is more than Rs. 50 Lakh duringthe last financial years are also eligible to participate in the tender. The certificate of annual turnovershould be issued by Sale's Tax Authorities.3 Online prequalification bid will be opened in the presence of bidder.COVER-APRE-QUALIFICATION, TECHNICAL & COMMERCIAL BID.3.1 The tenderer should upload scan copy of documents & certificates online for the itemstendered, arranged serially as per the tender terms & conditions.a) Check List as per Annexure I The documents should be properly numbered & serially arranged as perCheck List. Only those documents which are required by the purchaser should be attached.b) Earnest Money Deposit in the form of an FDR for Rs. 2,70,000/- (Rs. Two Lac Seventy Thousandsonly) from any scheduled bank favouring Director Ayurved, Yoga & Naturopathy, Unani, Siddha andHomoeopathy (AYUSH),Chhattisgarh, Raipur. Local manufacturing Units of Chhattisgarh will beexempted from paying EMD on submission of competency certificate from District Trade and IndustryCenter (DTIC). EMD should be submitted in a closed envelop as per tender schedule.c) Attested photocopy of License for the products duly approved by the Licensing authority must beenclosed for each and every product quoted in the tender. The license must have been duly renewed upto date & valid for complete Rate Contract period & supplies being made against it. The items quotedshall be clearly marked.d) Attested photocopy of valid import license issued by Licensing Authority if it is an imported item. Thelicense must have been renewed up to date inline with (b) above.e) Valid Good Manufacturing Practices Certificate issued by the Licensing Authority.f) List of past supplies with performance certificate from at least 2 end users in Government/Semi-Government departments. (Annexure VI)5

g) In case the bidder is an authorized dealer, should submit the original letter of authorization.h) If the bidder is an authorized dealer, he should submit the license for sell, stock & exhibit for sale ordistribution of drugs.i) Manufacturing units of out of State should have minimum turn over of Rs 50 Lakh and 25 Lakh forunits located in Chhattisgarh State during last three financial year .j) Copies of balance Sheet and Profit and Loss Account for three years i.e. 2008-2009, and 2009-2010 &2010-2011. certified by the Chartered Accountant.k) Valid Sales Tax Clearance certificate issued by Sales Tax Authorities.l) Documents, if any, to show that the manufacturing unit has been recognized, by ISO Certificate etc., (formanufacturers only.)m) Notarized undertaking (in the proforma given in Annexure III) for printing the label of pack as perinstruction given in Annexure II.n) The declaration form in Annexure IV signed by the tenderer and notarized.o) List of items required by the purchaser is attached as per Annexure VIII.Tenderers are required to submit details of items quoted by them (without indication of prices) as per(Annexure VII)p) Details of manufacturing unit as per Annexure V.q) Non-conviction Certificate issued by Licensing Authority after the date of issue of tender.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 itemsquoted are actually manufactured.3.1.2 Directorate of Ayurved, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH), Chhattisgarhreserves the right to reject the tender of blacklisted companies and of those companies whose pastperformance with Directorate of AYUSH Chhattisgarh was poor due to delayed and erratic supplies,frequent product failures etc.COVER-BPRICE BID3.2 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 theL-1 rate.3.2.2 The rate quoted in price column should be for the unit and specification given. The tenderer is strictlyprohibited to change/alter specification or unit size quoted .3.2.3 Each page of the documents should be authenticated by the tenderer with seal.6

Online Tenders will be opened at the Directorate of AYUSH, Chhattisgarh, Raipur at the above addressas per tender schedule in the presence of the Tenderers/Senior responsible Officers/ representative of thecompany who choose to be present.Online price bid of only those companies who satisfy the standard criteria laid down by the Directorateof AYUSH, Chhattisgarh on the basis of the details furnished by the tenderer in pre qualification bidwill be opened on notified date separately for public opening.DirectorAyurved, Yoga & Naturopathy, Unani,Siddha and Homeopathy (AYUSH)Chhattisgarh, Raipur7

TERMS & CONDITIONS OF TENDER1. LANGUAGEThe tender should be submitted in English.2. GENERAL CONDITIONS2.1 Only the manufacturing company/Authorized agents for the tender/Direct importers shall qualify to participate inthe tender.2.2 Only those manufacturing units/ authorized dealer of original company which have minimum turnoverof annual Rs 50 Lakh for out of State units & Rs. 25 Lakh for units located in Chhattisgarh State duringthe last three financial years, will be eligible for participation in the tender.2.3 Valid Sales Tax certificate must be enclosed.3. EARNEST MONEY DEPOSIT3.1 The Earnest Money Deposit referred to at Para 3.1(b) of Instructions to tenderers shall be Rs. 2,70,000/-(Rs. Two Lac Seventy Thousand only) in the form of FDR from any scheduled bank favoring Directorof AYUSH, Chhattisgarh, Raipur. EMD in the form of CHEQUE/ CASH/ POSTAL/BANK Guaranteeorder will not be accepted. But for Public Sector Under taking unit Bank Guarantee may also beaccepted .3.2 Deposit in any other form, which may have been made earlier or any payment pending with thepurchaser will not be adjusted towards this earnest money deposit.3.3 The Earnest Money Deposit of unsuccessful Tenderer will be returned .4. SECURITY DEPOSIT4.1 The tenderer whose offer is accepted on being informed should execute an agreement with DirectorAYUSH 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 of3 months beyond validity of Rate Contract. The Earnest Money may also be converted as a SecurityDeposit. The difference of amount between EMD and Security Deposit will be deposited within 15 daysfrom 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 formof FDR from any scheduled Bank only, drawn in favour of the Director, Ayurved, Yoga & Naturopathy,Unani, Siddha and Homoeopathy (AYUSH), Chhattisgarh, Raipur5. AGREEMENT5.1 The tenderer whose tender is accepted shall execute an agreement on a non-judicial stamp paper of valueof 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. Thespecimen form of agreement is as given inANNEXURE IX.8

5.2 The Security Deposit furnished by such tenderer in respect of his tender will be returned to himwithin 3 months after completion of Rate Contract period or the extended period if any, on satisfaction ofthe Director AYUSH, Chhattisgarh that all the supply orders against Rate Contract have been executedsatisfactorily.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 unsuccessfultenderers it will be returned.5.3.1 EXPIRY DATEAll products must indicate the date of manufacturing and expiry. All products must arrive at thepurchaser’s point with a remaining shelf life of at least 80% (eighty percent) of the total stipulated shelflife of the product, failing which consignees will have right of rejection within 60 days of supply. Undersuch condition it will be expected from the manufacturer to take back the rejected articles within 15 daysand returned the money if paid.7. PRICES AND OTHER CONDITIONS7.1 The details of the required Drugs, Medicines & Consumables, are shown in Annexure VIII. TheQuantity mentioned is only the tentative requirement and may increase or decrease as per the decision ofthe Director AYUSH, Chhattisgarh, Raipur. The rates quoted should not vary with the quantum of theorder or the destination, slab discount and discount for early delivery offered will not be taken forranking.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 eachof 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 MARKETRATES” shall be accepted and no tender in which the rate is quoted for a unit other than the one askedfor shall be considered. No handling, clearing or transportation charges etc. will be paid extra. Thedeliveries 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 theCentral/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 controlledprice or MRP as the case may be. This discretion will be exercised without prejudice to any other actionthat may be taken against the tenderer.7.5 As per Store Purchase rules of Government of Chhattisgarh 10% price preference will be given tostate’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 Periodand 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 broughtdown by any law or Act of the Central or State Government, or by the tenderer himself, or if thetenderer is an authorized dealer, then either the tenderer or the manufacturer whose authorized dealer isthe 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 applicable9

on the contracted rate from the same date. The Director AYUSH, Chhattisgarh, Raipur is empowered tounilaterally effect such reduction as is necessary in rates in case the tenderer fails to notify or fails toagree for such reduction of rates. In case of any enhancement in Excise Duty due to statutory act of theGovernment after the date of submission of tenders and during the contract period, the quantum ofadditional excise duty so levied will be allowed to be charged extra as separate item without any changein price structure of the drugs, medicines & consumables approved under the tender. For claiming theadditional cost on account of the increase in Excise Duty, the tenderer should produce a letter from theconcerned 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 itmay be accepted.NOTE:(i) No tenderer should quote for a product for which the company has been blacklisted either by DirectorAYUSH, Chhattisgarh or by any other State/ Central Government organization.(ii)Also no company, which has been, blacklisted by Director AYUSH, Chhattisgarh or by any otherState/ 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 ormodification in the rates quoted by him. Clerical error, typographical error etc., committed by thetenderers 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 ARERECEIVED.” etc. will not be considered under any circumstances and the tenders of those who havegiven such conditions shall be treated as incomplete and for that reason shall be summarily rejected.8. PACKING INSTRUCTIONThe 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 isused for making supplies.b) All primary packing containers should be strictly conforming to the specification included in therelevant pharmacopoeia.c) Packing should be able to prevent damage or deterioration during transit.9. QUALITY TESTING AND INSPECTION9.1 The purchaser reserves right to select from each batch at random of the consignment received either atthe time of receiving the goods or at any time during the shelf life of the product for test and analysis atany laboratory approved under the Drugs and Cosmetic act and Rules not with standing the routinesampling 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 fortesting 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.9.3 The Drugs, Medicines & Consumables shall have the active ingredients at the maximum permissible levelthroughout the shelf life period of the drug.10

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 underthe existing laws and the entire stock should be taken back by the tenderer within a period of 15 days ofthe receipt of the letter from Directororate of Ayurved, Yoga & Naturopathy, Unani, Siddha andHomoeopathy (AYUSH), Chhattisgarh, Raipur. The stock shall be taken back at the expense of thetenderer. 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 backthe good within the stipulated time. The Drug Controller will be informed for initiating necessary actionon the tenderer and that product shall be blacklisted and no further supplies accepted from him till he islegally 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 ofsuch 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 asto 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, suchbatch/batches will be deemed to be rejected goods. If any drug supplied by the tenderer is partially orwholly 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 costof such Drugs, Medicines & Consumables will be recovered from the tenderer, if the payment had alreadybeen 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 ifdesired by Director (AYUSH), Chhattisgarh, Raipur. Director (AYUSH), Chhattisgarh, Raipur reservesthe right to cancel the purchase orders if the source of supply is not furnished.x. VALIDITY OF RATE CONTRACTThe Rate quoted shall be normally valid for 12 months from the date of award of Rate Contract. RateContract may be extend for a further period on mutually agreed terms.xi.TENDER EVALUATION13 The evaluation of the tender in cover-A and B (Technical and Commercial bid) will be done by thepurchase Committee to provisionally assign the item-wise selection in the order of preference as under.First Preference-L- ISecond Preference -L- IIThird Preference-L- IIIThe purchaser may execute parallel Rate Contract with L-II & L-III Contractors to ensure uninterruptedsupplies of Drugs, Medicines & Consumables at the L-1 Rate . If the contract holders fails to execute thepurchase order within the mutually agreed delivery period, the order will be cancelled at firm's risk andcost and thereafter, the purchaser shall opt for other contractors in the order of priority and the differenceof cost will be recovered from the defaulting contractors and purchaser may short close the contract ofthe defaulting contractors.12. STAGGERED SUPPLYThe contractor should accept the supply orders issued by end users listed inAnnexure-VIII for any item for staggered supply, with stipulated time schedules for supplies if sodesired by the purchaser and only to such specified quantity as per the schedule specified in the supply11

order and submit separate bills for payment for each supplies to the centralized payment agency atRaipur.13. ORDERS AND DELIVERY SCHEDULES13.1 The purchaser does not guarantee the quantity, which will be ordered. The quantity mentioned inAnnexure-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 isbound 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 theRate 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, DeputyDirector Govt. Ayurvedic College Hospital & District Aurvedic Officers of Districts are only authorizedto operate Rate Contracts and sign supply orders. They should compulsorily send a copy of the supplyorders placed, to the Directorate of Ayurved, Yoga & Naturopathy, Unani, Siddha and Homoeopathy(AYUSH).15. DELIVERY15.1 Delivery schedule should conform to the normal schedule indicated in Rate contract or as per the supplyorder placed.15.2 However, the contractor is permitted to supply the ordered quantity in phases not exceeding two asmutually operated with direct demanding officer.16. ACCEPTANCE OF TENDER AND SUPPLY CONDITIONS16.1. Director AYUSH, Chhattisgarh, Raipur reserves the right to reject the tenders or to accept the tendersfor the supply of all articles or for any one or more of the articles tendered for in a tender withoutassigning any reason.16.2. The Director AYUSH, Chhattisgarh, Raipur will be at liberty to terminate without assigning anyreasons thereof the contract either wholly or in part, on one month’s notice. The tenderer will not beentitled 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.16.5 It shall be the responsibility of the tenderer for any shortages/damages at the time of receipt inwarehouse and Director AYUSH, Chhattisgarh, Raipur is not responsible for the stock of drug received,for which no order has been placed.12

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 contractorand 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 thetender in installments, as may be stipulated in the supply order. The supplied medicines and drugsshould have a minimum potency period of the maximum period as prescribed in the Drugs andCosmetics 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 inspectthe factories of those companies who have quoted for the tender, before accepting the rate quoted bythem or before releasing any order(s) or at any point of time during the continuance of tender and hasalso the right to reject the tender or terminate/ cancel the orders issued or not, based on facts brought outduring such inspections.16.9 The tenderer must submit a Test Analysis report from a Government approved laboratory for everybatch of drug along with invoice.17. REPLACEMENT OF ITEMS17.1 Items supplied in damaged or soiled condition or found “Not in conformity” with the acceptedspecification, will not be accepted and should be replaced at no extra cost to the Government WITHIN30 DAYS FROM THE DATE OF RECEIPT OF INTIMATION, failing which, 2% penalty will belevied 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 toproceed 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 tospecified product/ products, and period for breach of any of the terms and conditions of the tender. SuchBLACKLISTED CONTRACTOR AND HIS ESTABLISHMENT will not be eligible to participate inany of the Departmental tenders for notified period.19. TERMINATION OF CONTRACT UNDER SPECIAL CIRCUMSTANCESThe 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. ARBITRATIONSecretary (Health) will be the final authority to listen or appoint any Arbitrator not below the rank ofDy. Secretary to the Govt. of Chhattisgarh from Government /Semi Government/Judiciary to resolveany dispute of contract provisions of Arbitration & Reconciliation Act 96 will be applicable and place ofJurisdiction will be Raipur.21. SAVING CLAUSE PROTECTION OF ACTION TAKEN IN GOOD FAITHNo suit, prosecution or any legal proceedings shall lie against the purchaser or any person for anythingwhich is done in good faith or intended to be done in pursuance of this tender.13

22. PAYMENT PROVISIONS22.1 Payment against supply order will be made either on a centralized basis by the paying authority ofAYUSH Raipur or as per instruction of DIRECTOR AYUSH through Principal, Govt. AyurvedicCollege Raipur, Dy.Director Ayurvedic College Hospital Raipur / District Ayurvedic Officer of thedistricts etc. indicated in supply order.22.2 No advance payments towards costs of Drugs, Medicines & Consumables etc. will be made to thetenderer. 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 ofthe Government of Chhattisgarh.22.4 No claims shall lie against the Director AYUSH, Chhattisgarh, Raipur in respect of interest on EarnestMoney 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 thespecified quantity to the specified warehouse. If there is any deviation in these tender conditions aseparate 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 freeof cost within 60 days, even if it has already been issued. If the supplier fails or refuse to replace, thesupplier 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 theparticular batch will be returned to the supplier and value equal to the quantity returned will berecovered.23. PENALTIES23.1 Purchaser reserves a right to impose liquidated damages and denial clauses for delayed supplies on ratecontract holding firms, in case the original delivery period may be once extended for certain period inthe 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 withinthe time specified, or withdraws his tender after the intimation of the acceptance of his tender has beensent to him, or owing to any other reason, he is unable to undertake the contract, his contract will becancelled and the Earnest Money deposited by him along with his tender shall stand forfeited by theDirector AYUSH, Chhattisgarh, Raipur and he will also be liable for all damages sustained by theDirector 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 ultimatelypaid for the procurement of the articles concerned. Such damages shall be assessed by the DirectorAYUSH, Chhattisgarh, Raipur, whose decision will be final in the matter.14

23.3 If any article or thing supplied by the tenderer have been partially or wholly used or consumed aftersupply and is subsequently found to be in bad order, unsound, inferior in quality or description or areotherwise faulty or unfit for consumption, then the contract price or prices of such articles or things willbe recovered from the tenderer, if payment had already been made to him. Otherwise the tenderer willnot be entitled to any payment whatsoever for such article. For infringement of the stipulations of thecontract 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 thetenderer from his properties, as per rules.23.4. Non performance of contract provisions will disqualify a firm to participate in the tender for the nextfive years.23.5 In the event of tendered supplies failing quality tests, contract with the tenderer will be suspendedand purchases made from alternative suppliers. Such firms may be black listed for five years beginningfrom the year following the one in which defective supplies were detected. The tenderer shall be also beliable 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 befinal 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 CONDITIONS24.1 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 legiblyhand 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

CHECK LISTANNEXURE IRef Clause No. 3.1(a)COVER- A.1. EMD in the form of FDR shall be kept in anenvelop .PageNo.YesNo2. Photocopy of DTIC (District Trade & IndustryCentre Certificate).PageNo.YesNo3. Authorisation certificatee (If the tenderrer isnot the manufacturer)PageNo.YesNo4. Duly attested photocopy of license forproduct approved by licensing authority.5. Duly attested license for sale, stock andexibit for sale or distribution.(If the tenderrer isauthorized dealer)6. Duly attested photocopy of Import License, ifimportedPageNo.7. Good Manufacturing Practices certificate PageNo.YesYesNoNo8. Annual turnover statement for 3 years BYSales Tax Authorities/CAPageNo.YesNo9. Copies of balance sheet & profit lossAccount for three years by CAPageNo.YesNo10.Valid Sales Tax, VAT Clearance CertificatePageNo.YesNo11. ISO Certificate (Manufacturer only) PageNo.12. Annexure-II & Annexure-III PageNo.13. Annexure-IV (Declaration form) PageNo.14. Annexure-V (Details of Manufacturing unit)YesYesYesNoNoNo15. Performance Certificate by atleast two endusers of govt./semi government institutions(Annexure VI)PageNo.YesNo16. Non-conviction Certificate issued byLicensing Authority after the date of issue oftender.PageNo.YesNo17. List of items quoted (without indication ofprices.) Annexure VIIPageNo.YesNo16

ANNEXURE -IIRef Clause No. 3.1(m)PACKING INSTRUCTIONLiquids & semisolid preparations should be in glass bottles with pilfer-proof caps & other preparationsshould be in plastic jars.the label of the packs should be over printed in red colour with the words “For ChhattisgarhGovernment 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 1945Signature of the TendererName in capital letters with designation17

DECLARATIONANNEXURE-IIIRef Clause No. 3.1(m)I do hereby declare that I will supply the Drugs, Medicines & Consumables as per theinstructions given in this regard in Annexure II .Attested by Notary Public.Signature of the TendererName in capital letters with designation18

ANNEXURE-IVRef Clause No. 3.1(n)DECLARATION FORMI/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 thetender period of one year, from the date of award of Rate Contract and abide by all conditions set forth in thetender paper.I/We further declare that I/We possess valid drug manufacturing License bearingNo.____________________________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 “ForChhattisgarh Govt. Supply - Not For Sale” in red colour ink.Signature of the bidderDate:Name of theFirm and address:Attested by Public Notary19

ANNEXURE –VRef Clause No. 3.1(p)DETAILS OF MANUFACTURING UNITName 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 yearPowderLiquidsOilsOthersName & 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 actuallymanufactured.20

PROFORMA FOR PERFORMANCE STATEMENT(From atleast two end users of government/semi government institutions ithin last three years)Annexure – VIRef Clause No. 3.1(f)Name of the Firm:__________________________________________Orderplaced by(full addressofPurchaser)OrderNo.anddateDescriptionand quantityof orderedDrugs,Medicines &ConsumablesValueoforderUnitTotalDelivery periodAs perOriginalcontractActualRemarksindicatingreasons for latedelivery, if anyWas the supply ofDrugs, Medicines &Consumablessatisfactory?(attach acertificate from thePurchaser/Consigneeof government/semigovernmentinstitutions)Signature and seal of the Bidder __________________________________________________________________________________________Affidavit before Executive Magistrate/Notary Public:-21

ANNEXURE-VIIRef Clause No. 3.1(o)Proforma for list of items quoted(Without indication of prices )S.No. Ref. No. Name of item Manufacturer Pack Size Packing Detail123Signature and seal of the tenderer__________________________________________________________________________________________22

S.No.LIST OF DRUGS, MEDICINES & CONSUMABLES FORTENDERName of Drugs, Medicine &ConsumablesSpecificationPackingANNEXURE –VIIIApro.TotalQuantity/Pack1 Surgical cotton roll - 200gm 994272 Surgical cotton roll - 500gm 184733 Roll Bandage 5 cm x 3mt per dozzen dozzen 101154 Roll Bandage 7.5cm x 3mt per dozzen dozzen 103875 Roll Bandage 10cm x 3mt per dozzen dozzen 93216 Roll Bandage 5 cm x 5mt per dozzen dozzen 85837 Roll Bandage 7.5cm x 5mt per dozzen dozzen 97088 Roll Bandage 10cm x 5mt per dozzen dozzen 90589 Adhesive Plaster 2.5 cm x 1mt, per dozzen dozzen 660110 Adhesive Plaster 7.5cm x 5 mt, per dozzen dozzen 653311 Adhesive Plaster 10cm x 5mt per dozzen dozzen 656112 Povidone-Iodine I.P. 5% w/v solution 400ml 7639013 Povidone-Iodine I.P.Ointment 10gm 13192614 Povidone-Iodine I.P.Ointment 20gm 3543615 Povidone-Iodine I.P.Ointment 400 gm 3792616 Boric Powder (Boric Acid) I.P. 400 gm 7054617 Savlon or other(Chlorhexidine gluconate 7.5% v/v,Strong cetrimide 16%w/v, Isopropylalcohol 6.8% v/v)400 ml3539918 Cresol solution IP 50% v/v 400 ml19 Surgical Spirit 70% alcohol Isopropyl alcohol v/v 400 ml 213461336120 Hydrogen peroxide IP 3% Solution 400 ml 2334921 Acriflavin Crystal / Powder 20gm 1380922 Acriflavin Crystal / Powder 100gm 1090323 Acriflavin Crystal / Powder 400gm 974224Tincture Iodine(Weak Iodine Solution)I.P. 66, Alcohol 45-48%25 Turpentine Liniment I.P. 66, 20ml400ml1375475710226 Turpentine Liniment I.P. 66, 200ml 5358327 Turpentine Liniment I.P. 66, 400ml 1728928 TurpentineOil I.P./B.P. 400ml 25206Potassium7145929I.P.400gmPermanganate(KMNO 4)30 Glycerin I.P. 200gm 8382331 Glycerin I.P. 400gm 7888232 Nitrofurazone Cream USP 2mg per gram 10gm 4236433 Nitrofurazone Cream USP 2mg per gram 400gm 3290434 White Petrolium Jelly I.P. 400 gm 2679423

ANNEXURE-IXRef Clause No. 5.1Proforma(Agreement for R/C)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 itemsspecified 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 thetender document of following description and specification at the rate specified against each on Rate Contractbasis for a period 24 months from the date of award of Rate Contract, under the Terms and Conditions ofstipulated in the Tender Notification.In consideration of the payments to be made by the purchaser as hereafter mentioned, the supply contractorhereby agrees with the purchaser to provide the said materials in conformity in all respects with the terms andconditions 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 inaccordance with the stipulated terms and conditions of the Tender Notification, which includes the descriptionsand 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 thedestination specified in the supply order in such specified quantity as may be specified by the Purchaser, as perthe 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 theterms and conditions of the Notification, tender which includes the specification and descriptions of the item/s andpenal 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) & sealAddress:(Only for successful tenderers on receiving of supply orders)24

INFORMATION & INSTRUCTIONS TO THE BIDDERS FORe-PROCUREMENT SYSTEMSpecial conditions and Instructions for e-Procurement System as given in the subsequent pages willover-rule the conditions stated in the Tender document wherever relevant and applicable.1. Enrollment/Registration & Empanelment of the Contractors/Bidders on Government ofChhattisgarh’s e-Procurement Portal.In order to participate in the tenders floated using the e-Procurement System, all contractors/bidders arerequired 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 Userhas 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 FromService Provider of the e-Procurement system: “Wipro Limited in consortium with the M/sNexTenders (India) Pvt. Ltd.”3. Obtaining a Digital Certificate:The bids submitted online should be signed electronically with a Digital Certificate to establish the identity ofthe 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 byGazetted 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 SignatureCertificate from the Controller of Certifying Authorities website (www.cca.gov.in) or the Service Providerof 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. ComPh. 0771-4079400Important Note: Submission of Bids for a particular tender shall be done only using the digital certificate. Incase, during the process of a particular tender, the user loses his Digital Certificate (i.e. due to virusattack, hardware problem, operating system problem etc.) he may not be able to submit the bid online.25

Hence the users are advised to back up the certificate and keep the copies at safe places under propersecurity to be used in case of emergencies. Neither the Purchaser/ Government of Chhattisgarh, northe 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 electronictendering will be considered equivalent to no-objection certificate/power of attorney to that user. Thefirm has to authorize a specific individual via an authorization certificate signed by all partners to usethe digital certificate as per Indian IT Act 2000. Unless the certificate is revoked, it shall be assumed torepresent adequate authority of the user to bid on behalf of the firm for Water Resources Departmenttenders as per Information Technology Act 2000. The digital signature of this authorized user will bebinding on the firm, it shall be the responsibility of management/partners of the registered form toinform the Certifying Authority or Sub-Certifying Authority, if the authorized user changes, and apply fora 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, theauthorization 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 theelectronic payments gateway service as mentioned on the home page of http://cgeprocurement.gov.inArrangements have been made for Contractors/Bidders to make payments online via Credit Card/Cash Cards/Internet Banking. The different modes of electronic payments accepted onthe 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 paymentmodes mentioned in Point No.4 above. In Online Tendering, the “Application Form” for the issue ofTender Documents shall not be required.”The suppliers shall submit the bids by making online payment of Bid Document fees using the service of thesecure electronic payments gateway, and print out the system generated receipt of their referencewhich 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 givenunder “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)26

6. Tender Download: Eligible/Interested Bidders can download the Tender Document online.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 thenotice. 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 theContractors/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 theiruser Public-Key) online using their digital certificate after the generation of Super-Hash within the dateand time as stated in the tender schedule (Key Dates). The electronic bids of only those suppliers whohave submitted their bid seals (hashes) within the stipulated time, as per the tender time schedule (KeyDates), shall be accepted by the system. A supplier who does not submit his bid seal (hash) within thestipulated time shall not be allowed to submit his bid.10. Submission of Samples Security Deposit: The Suppliers will also submit their Security Deposit andsamples as usual in a sealed physical “Cover-A” and the same should reach the stipulated departmentoffice as stated in the Tender Document, in person. The Supplier shall also upload scanned copy ofSecurity Deposit instrument along with other details during online bidding.11. Opening of Tender Documents: The authority receiving the bids or his duly authorized officer shallfirst open the “Envelope A” of all the contractors/Bidders and check for the validity of SD anddocuments 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 notbe 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 bidsubmission.12. Fill Negotiated Rates: As per the department’s terms and conditions, the Successful bidder mayhave to fill in Negotiated Rates if so Intimated or required during this process. In case of no negotiationor 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 sideof tasks and responsibilities to submit their bids, as the system is time and date locked.27