FOR SUPPLY OF SURGICAL CONSUMABLES, READYMADE CLOTH …apmsidc.ap.nic.in/ftp/Final Tender document...
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GOVERNMENT OF ANDHRA PRADESH
* * * * *
Web site: https://tender.apeprocurement.gov.in
TENDER DOCUMENT (e – Procurement)
FOR
THE FINALIZATION OF RATE CONTRACT
FOR SUPPLY OF SURGICAL CONSUMABLES, READYMADE CLOTH ITEMS FROM
MANUFACTURES / AUTHORIZED DISTRIBUTORS / DIRECT IMPORTERS
FOR THE PERIOD 2018-2020
to CENTRAL MEDICINE STORES (CMS)
(LOCATED IN ALL 13 DISTRICTS IN THE STATE OF ANDHRA PRADESH)
Tender Notice No: 29(18-19)/APMSIDC/Medicine Wing/2018-20,
Dt: 08.10.2018
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Implementing Agency:
ANDHRA PRADESH MEDICAL SERVICES & INFRASTRUCTURE DEVELOPMENT CORPORATION (APMSIDC)
(Formerly APHMHIDC)
(AN ENTERPRISE OF GOVT. OF A.P.)
APMSIDC, Plot No.9, Survey No.49, IT Park, Mangalagiri,
Guntur District – 522 503.
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SECTION - I: INVITATION FOR BIDS (IFB)
GOVERNMENT OF ANDHRA PRADESH
ANDHRA PRADESH MEDICAL SERVICES & INFRASTRUCTURE DEVELOPMENT CORPORATION (APMSIDC)
Tender Notice No. 29(18-19)/APMSIDC/Medicine Wing/2018-20,
Dt: 08.10.2018
Bids are invited on the e-procurement platform from the manufacturers
who have quality certification or direct importers or authorized distributors
who have GST Registration in Andhra Pradesh Only to enter into a Rate
Contract (R.C) for 2018-20 for supply of surgical consumables to all the
Central Medicines Stores (13) located in all the District Head Quarters in
the State of A.P. The details of bidding conditions and other terms can be
downloaded from the electronic procurement platform of Government of
Andhra Pradesh i.e. https://tender.apeprocurement.gov.in
Bidders would be required to register on the e-procurement market
place “www.apeprocurement.gov.in” and submit their bids online.
1. a). The bidders should have a minimum annual turnover during
last three financial years (2014-15, 2015-16 and 2016-17) of Rs.1
crore for each year for MSMEs of A.P. and not less than Rs. 2 Crores
for all the other bidders, in each year. The evidence of Turnover
should be supported by a certificate from a Chartered Account.
b). In case of authorized distributors, the above turnover shall be
Rs.10 Lakhs per annum.
2. The Bidder who participates in the tender should upload the following
scanned Certificates/documents Online.
i) Tender Processing Fee of Rs.5,625/- in the shape of Bank Draft
drawn in favour of Managing Director, APMSIDC, Mangalagiri
(Scanned Copy).
ii) Valid manufacturing license/Licenses for manufacturing the
products issued by concerned authorities.
iii) Valid import license if the product is imported.(Under Form – 10 in
case of items notified as drugs)Valid Product license (For items
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notified as Drugs it is from DCA/DCG(I) and for Non Drug items it is
from concerned statutory Departments).
iv) Valid licenses for distribution of products ( in case of authorized
distributors wherever applicable) (For items notified as Drugs it is
from DCA and for Non Drug items it is from concerned statutory
Departments).
v) Valid Authorization as per law from the manufacturer if the bid is
quoted by distributor.
vi) Annual turnover certificate (Consolidated report) issued by a Charted Accountant
vii) The Earnest Money Deposit (EMD) is for Rs.3.00 lakhs to each firm.
The Earnest Money Deposit shall be paid in the form of Demand
Draft drawn in favour of Managing Director, APMSIDC, Mangalagiri, Guntur district along with bids.
viii) a). Non Conviction Certificate (NCC) stating that the firm has not
been convicted during the last 3 years issued on or after
30-06-2018 by DCA should be submitted for products notified as drugs.
b). In case of authorized distributors, NCC should be submitted for distributor as well as for the manufacturing company in case of
drugs only.
c). NCC shall contain the Drug License number in case of drug
related products and GST license number for other items.
ix) Notarized affidavit on Rs.100/- Non-Judicial Stamp paper should be
submitted for the gap period from to date of issue of NCC to bid
submission date, given by the Proprietor/Managing Partner/
Managing director/ Director who is authorized by the board of
directors as per the existing provisions of the companies act of the
bidding firm stating that their firm has not been convicted during
the period from the date of issue of NCC to the date of bid uploading
and will submit the certificate to that effect from the concerned
issuing authority in case their firm qualifies in the bid and enters
into agreement with the corporation for supply of products on rate
contract.
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x) Scanned copy of Notarized affidavit on Rs.100/- Non-Judicial Stamp
paper given by the Proprietor/Managing Partner/ Managing
director/ Director who is authorized by the board of directors as per
the existing provisions of the companies act of the bidding firm
stating that their firm/bided products has not been blacklisted by
any procuring agency in the country in terms of quality issues and
submission of fabricated/forged documents/default supplies. If the
declaration is proved to as false the firm shall pay Rs.1,00,000/-
(Rupees one lakh only) as penalty to APMSIDC in addition to legal
action for cheating/misleading the corporation. If stood L1 and the
firm or any product of the firm is blacklisted by any of the other
procurement agencies during the period of rate of contract , the
same shall be intimated to APMSIDC immediately failing which the
penal actions mentioned in this paragraph shall be binding.
xii) scanned copy of a notarized affidavit on Rs.100/ -non judicial stamp
paper given by the proprietor /managing partner / managing
director / director who is authorized by the board of directors of the
company as per the existing provisions of the companies act stating
that “Any document submitted by the firm either in Online or Offline
for the tender ,if found to be Forged / Fabricated/ Erroneous / False
, the Firm will be liable for blacklisting along with forfeiture of EMD.
If the firm is exempted from EMD the amount equivalent to the same
will be paid by the firm as penalty to APMSIDC, in addition to this
the APMSIDC can initiate legal action as per law”.
xiii) Valid GMP certificate as per the provisions of Schedule “M” issued
by the concerned D.C.A. and for importers WHO GMP certificate or a
certificate which is on par with the provisions of WHO GMP issued
by the concerned licensing authority of the imported country in case
of products notified as drugs. The certificate should be valid as on
the date of participating in the bid. (If GMP / WHO GMP validity
period is not mentioned in the certificate, it is treated as one year
validity for GMP and 2 years validity for WHO GMP from the date of
issue of certificate).
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xiv). Scanned copy of List of Directors downloaded from the Ministry of
company affairs website on the date of uploading the bid documents
xv) Authorization of a senior responsible Person of the company with
an authority to transact business as per the provisions of Companies
Act.
xvi) Performance statement giving the details of past performance of the
bidder on the items quoted (as per Section – XI).
xvii) Check list along with page number for each page.
3. Documents to be submitted in offline:-
All the documents uploaded in the online shall be submitted in the
offline. Technical evaluation will be done with the documents uploaded in
the online only. In addition to these documents the following documents shall also be submitted in the offline
a) Demand draft in respect of Tender processing fee i.e. Rs 5,625/- b) Demand draft in respect of Earnest Money Deposit (EMD) i.e.
Rs 3, 00,000/- c) Audited Balance sheets of the last three financial years, 2014-15 ,
2015-16 and 2016-17 issued by Chartered Accountant.
d) Memorandum and Articles of Association of the company/ Copy of Registered Partnership deed of the firm duly attested by a Gazetted
officer only. e). Self declaration of production capacity of each section for
two months on single shift basis for each product. If the production
capacity is lower than the requirement then the extra requirement shall be procured from other bid participants who has the production capacity if the L1 price is matched by the firm.
f). Self declaration of Batch size for each quoted product. g). Copy of any document issued by State / Central Government towards
proof as proprietor/managing Partner/Managing Director of the bidding firm duly attested by Gazetted Officer.
All the above documents should reach physically to APMSIDC on or before
26.11.2018 at: 5:00 PM and Cover should be super scribed with Tender Notice
Number.
4. The rate quoted per unit should be inclusive of all taxes, all other levies and
duties etc., packing, forwarding to Free On Road (FOR) destination at various
locations in
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A.P., India including Insurance, Storage, Transportation Loading, Unloading,
License fee, Octroi, Road permits etc. The Basic Price Should include all levies
and duties etc., packing, forwarding to Free On Road destination at various
locations in A.P., India including Insurance, Storage, Transportation Loadings,
Unloading, License fee, Octroi, Road permits etc. If there is any variation in the
GST during the contract period, the same will be taken into account and the
rates will be revised accordingly.
5. The Participant Bidders have to submit their bids online at
https://tender.apeprocurement.gov.in
6. The Bidders have to scan the above particulars and submit online at
https://tender.apeprocurement.gov.in on 23.11.2018 by 5.00 P.M.
Indian Standard Time (IST).
7. All the bidders should quote their rate in Indian Currency only.
8. Details of the Tenders Scheduled are as follows:
i. Downloading of tender document: From 14.11.2018 to 23.11.2018
at 12:00 PM.
ii. Due date for Receipt of „Online‟ tenders: 23.11.2018 up to 5.00 P.M.
iii. Due date for receipt of „Hard Copies : 26.11.2018 up to 5.00 P.M.
iv. Time and date of opening of „Online‟ technical bids. 23.11.2018 at
5.01 P.M.
v. Tender sample submission: Samples shall be submitted by all bidders
along with the offline documents. i.e. on or before 26.11.2018 up to
5:00 P.M.
vi. The details of tender conditions are attached for guidance for quoting the
rate.
9). Objections:
Any objections on the documents of other bidders shall be accepted up to
5:30 P.M. of 23.11.2018. After that no objections shall be accepted by the
corporation.
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SECTION - II : INSTRUCTIONS TO BIDDERS
A. Introduction
1. Source of funds:
The funds are made available by the State Government of Andhra Pradesh
through its regular budgetary provisions towards the procurement of the
surgical items and other goods processed under this tender notification.
2. Eligible Bidder
2.1 This invitation for Bids is open to all the eligible manufacturers, authorized
Distributors, and the direct importers holding valid import license, who fulfill the
eligibility criteria mentioned in the Clause 13 and who meet pre-qualification
criteria mentioned in the Section VI. Loan Licensees and Third Party
licensees are not eligible to participate in the Bidding.
3. Eligible Goods and services
3.1 All surgical items to be supplied under the contract shall have their origin in
eligible source country.
3.2 The origin of goods and services is distinct from the nationality of the bidder.
4. Cost of bidding
4.1 The Bidder shall bear all costs associated with the preparation and
submission of its bid, and the Managing Director, APMSIDC, Mangalagiri here in
after referred to as " the purchaser", will in no case be responsible or liable for
these costs, regardless of the conduct or outcome of the bidding process.
B. The Bidding Documents
5. Content of Bidding Documents
5.1 In addition to the Invitation for Bids, the bidding documents include:
(a) Instruction to Bidders; (b) General conditions of contract; (c) Special conditions of contract;
(d) Schedule of requirements; (e) Technical specifications;
(f) Bid form;
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(g) Commercial bid with price schedules; (h) Bid security form; (i) Performance security form.
(j) Performance statement form. (k) Declaration Form (l) Check List of the documents to be uploaded on e-platform
5.2 The bidder is expected to examine all instructions, forms, terms and
specifications in the bidding documents. Failure to furnish all information
required by the bidding documents or submission of a bid not substantially
responsive to the bidding documents in every respect will be at the bidders
risk and may result in rejection of its bid.
6. Clarification of bidding documents (Pre-bid Meeting):
6.1 With a view to obtain maximum number of competitive bids and to make the
procurement process more transparent by widely addressing all the concerns
of the prospective bidders and also to obtain their feedback on the tender.
7. Amendment of bidding documents
7.1 At any time prior to the deadline for submission of bids, the purchaser
may, for any reason, whether at its own initiative or in response to a
clarification requested by prospective bidder, modify the bidding
documents by amendment.
7.2 There will not be any individual communication in respect of general
notices and amendments etc. The amendment will be notified online on
the procurement website.
7.3 In order to afford prospective Bidders reasonable time in which to take the
amendment into account in preparing their bid, the purchaser may, at its
discretion, extend the deadline for the submission of bids.
C. Preparation of Bids
8. Language of Bid.
8.1. The Bid prepared by the Bidder and all correspondence and documents
relating to the bid exchanged by the bidder and the purchaser, shall be
written in the English language, provided that any printed literature
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furnished by the Bidder may be written in another language so long as
accompanied by an English translation of its pertinent passages in which
case, for purposes of interpretation of the bid, the English translation shall
govern.
9. Documents comprising the bid
9.1 The bid prepared by the bidder shall comprise the following separate components:
Part A: Technical Bid:
(a) A Bid form completed in accordance with clause 10
(b) Documentary evidence established in accordance with clause 13 that the bidder is eligible to bid and is qualified to perform the contract if its bid is accepted.
(c) Documentary evidence to establish that the surgical items and other
goods to be supplied by the Bidder are eligible goods and services confirm to the Bidding documents; and
(d) Bid security furnished in accordance with clause 15.
Part B: The Commercial Bid completed in accordance with clauses 11 and 12.
10. Bid Form
10.1 The Bidder shall complete the bid form provided in the bidding documents,
indicating for the surgical items to be supplied, and brief description of the
surgical items, their country of origin and quantity and other declaration
statements (Bid form as per Section –VII (A).
11. Bid prices.
11.1 The Bidder shall indicate on the appropriate price schedule, made
available in the e-procurement platform (a model format is also attached to
these documents), the unit prices and total bid prices of the surgical items
it proposes to supply under the rate contract, for each item separately.
Model Price Bid format available on the e-procurement platform is as per
Section –VII (B). The bids shall be submitted for the full quantity indicated
against each item.
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11.2. The price of the surgical items as delivered, to include all duties and sales
and other taxes including local transportation and all incidental charges
associated with the contract.
11.3 The Bidder's separation of the price components in accordance with Para
11.2 above will be solely for the purpose of facilitating the comparison of
bids by the purchaser and will not in any way limit the purchaser's right
to contract on any of the terms offered.
11.4 The price quoted by the Bidder shall be fixed during the Bidder's
performance of the contract and not subject to variation on any account,
except for the changes due to the changes made in the Tax structure by
the Government by statute. A bid submitted with an adjustable price
quotation will be treated as non-responsive and rejected.
11.5 The price quoted by the Bidders shall not in any case, exceed the controlled
price, if any fixed by Central / State Government and the maximum retail
price [MRP]. Further a Supplier found being supplied similar items to any
other agency / State in the country during the validity of the contract with
the APMSIDC, at a rate lower than the rate at which they supplied under
this tender, the difference amount is liable to be recovered. The Bidders
indulging in these types of activities will be “blacklisted” for a period of 2
years, immediately succeeding the RC year.
11.6 The APMSIDC at its discretion, will exercise, the right to revise the price at
any stage so as to confirm 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 Bidder.
12. Bid currencies.
12.1 Prices shall be quoted in Indian Rupees. Bids quoted in other currency will
be rejected.
13. Documents Establishing the Eligibility and Qualifications.
13.1 Pursuant to clause 9, the bidder shall furnish, as part of its technical bid,
documents establishing the bidder‟s eligibility and qualifications.
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13.2 The documentary evidence of the Bidder's eligibility to bid and have
qualification to perform the contract shall establish to the purchaser‟s
satisfaction that the bidder, at the time of submission of the bid, is an
eligible and qualified bidder as defined under clause 2. In this regard the
Bidder should furnish the following:
(i) The details of legal status, place of registration and principle place of business of the company or firm or partnership etc.
(ii) The details of past performance of the bidder on specified item offered in the
bid and details of current contracts in hand and other commitments
(suggested proforma given in Section XI);
(iii) The Copies of GST registration and Valid PAN/TIN details.
(iv) The details in compliance to the Qualification Criteria (Section VI).
13.3 The check list for the details of all the eligibility documents to be uploaded
(to be submitted) is given at Section- XIII
14. Documents Establishing Goods Eligibility and conformity to bidding documents.
14.1 Pursuant to clause 9 the bidder shall furnish, as part of its bid,
documents establishing the eligibility and conformity to the bidding
document of all goods and services which the bidder proposes to supply
under the contract.
14.2 The documentary evidence of the goods and services eligibility shall
consist and of statement in the price schedule on the country of origin of
the goods and services offered which shall be confirmed by a certificate of
origin at the time of shipment.
14.3 The documentary evidence of the goods and services conformity to the
bidding Documents may be in the form of literature, drawings and data,
and shall furnish:
(a) A detailed description of the goods essential technical and
performance characteristics of the goods.
(b) A clause by clause commentary on the purchaser technical
specifications demonstrating the goods and services substantial
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responsiveness to those specifications or statement of deviations
and exceptions of the Technical specifications.
14.4 For purpose of the commentary to be furnished pursuant to clause 14.3
above, the bidder shall note that standards for workmanship, material and
goods, and references to brand names or catalogue numbers designated
by the purchaser in its technical specifications are intended to be
descriptive only and not restrictive. The bidder may substitute alternative
standards, brand name and / or catalogue numbers in its bid, provided
that it demonstrates to the purchasers satisfaction that the substitutes are
substantially equivalent or superior to those designated in the Technical
specifications.
15. Earnest Money Deposit (EMD). 15.1 Pursuant to Clause 9, unless exempted, the Bidder shall furnish, as part
of it bid, the Earnest Money Deposit (EMD) for the amounts specified in the Section I.
15.2 The Earnest Money Deposit (EMD).is required to protect the purchaser
against risk of bidders conduct which would warrant the security
forfeiture, pursuant to clause 15.7 15.3 The Earnest Money Deposit (EMD).shall be in Indian Rupees and in the
form of a Demand Draft/Pay Order in favour of Managing Director, APMSIDC, payable at Mangalagiri, Guntur District.
15.4 Any bid not secured in accordance with Para 15.1 and 15.3 above will be rejected by the purchaser as non-responsive during the evaluation of the bid..
15.5 Unsuccessful Bidder‟s Earnest Money Deposit (EMD). will be discharged/
returned as promptly as possible after entering into agreement with the L1
firm.
15.6 The successful Bidder‟s Earnest Money Deposit (EMD) will be discharged
upon the Bidders executing the contract, pursuant to clause 32 and furnishing the performance security pursuant to clause 33.
15.7 The Earnest Money Deposit (EMD) shall be forfeited;
(a) If a Bidder withdraws its bid after submitting the bid online and during the period of bid validity as specified by the Bidder on the Bid form ; or
(b) In case of successful Bidder, if the Bidder fails;
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(i) to sign the contract in accordance with clause 32 or
(ii) to furnish performance security in accordance with clause 33.
(c) If the Bidder does not accept the corrected amount the Bid will be
rejected, and the Bid security may be forfeited.
16. Period of validity of Bids.
16.1 Bids shall remain valid up to180 days after completion of the commercial
bid evaluation by the purchaser pursuant to Clause 19.1. A bid valid for
shorter period may be rejected by the purchaser as non-responsive.
16.2 In exceptional circumstances, the Purchaser may solicit the Bidders
consent to an extension of the period of validity. The request and the
responses thereto shall be made in writing (or by e- mail). The bid security
provided under clause 15 shall also be suitably extended. A bidder may
refuse the request without forfeiting its bid security.
17. Format and signing of Bid.
17.1 The bid shall be typed or written in indelible ink and shall be signed by the
Bidder or a person or persons duly authorized as per law to bind the
bidder to the contract. All pages of the bid, except for un-amended printed
literature, shall be initialed by the person or persons signing the bid.
17.2 The bid shall contain no interlineations, erasures or overwriting except as
necessary to correct errors and made by the bidder in which case such
corrections shall be initialed by the person or persons signing the bid.
D. Submission of Bids
18. Sealing and Marking of bids.
18.1 The bids shall be uploaded (submitted) electronically, as described in the
Invitation for Bids (Section –I). The hard copies of the bids in sealed covers
must be received by the Purchaser at the address specified above on or
before the due date of submission of bids (Section –I).
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18.2 The Bids shall be addressed to the purchaser at the following address:
The Managing Director, APMSIDC, Plot No.9, Survey No.49, IT Park,
Mangalagiri, Guntur District – 522 503
18.3 The Bids shall bear the name of the invitation for bids (IFB) and Number
and also the words "Do not open before 23.11.2018 up to 5.00 P.M”.
The envelopes shall indicate the name and address of the Bidder to enable
the bid to be returned unopened in case it declared “late".
18.4 If the envelope is not sealed and marked as required by Para 18.2 and
18.3 above, the purchaser will assume no responsibility for the bids
misplacement or premature opening.
19. Deadline, for submission of bids.
19.1 The Bids (both electronic and hard copies) must be received by the
purchaser, no later than the time and dates specified in the Invitation for
Bids (Section I). In the event of the specified date for the submission of
Bids being declared a holiday for the purchaser, the Bids will be received
up to the appointed time on the next working day.
19.2 The purchaser may, at its discretion, extend this deadline for submission
of bids by amending the bid documents in accordance with clause 7, in
which case all rights and obligations of the purchaser and bidders
previously subject to the deadline will thereafter be subject to the deadline
as extended.
20. Late Bids.
20.1 Any bid received by the purchaser after the deadline for submission of bids
prescribed by the purchaser, pursuant to clause 19, will be rejected and/
or returned unopened to the Bidder.
21. Modification and Withdrawal of Bids.
21.1 No bid may be modified subsequent to the deadline for submission of bids.
No bid may be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified
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by the Bidder on the Bid form. Withdrawal of bid during this interval shall
result in the Bidders forfeiture of its bid security , pursuant to Clause
15.7.
21.2 If any bidder withdraws his bid after the closing date of the tender and
also during the tender process, the EMD will be forfeited
E. Bid Opening and Evaluation
22. Opening of Bids by Purchaser
22.1 The Purchaser or its authorized representative will download the technical
bids on the date specified in the Section I (Invitation for Bids).
22.2 Technical Evaluation Committee headed by DME can evaluate the Bid
documents of the firms.
22.3 The Financial Bids of the technically responsive bidder would be
downloaded subsequently from the e-platform, once the technical
evaluation is completed.
23. Clarification of Bids.
23.1 To assist in the examination, evaluation and comparison of bids the
purchaser may at his discretion, ask the Bidder for clarification of his bid.
The request for clarification and the response shall be in writing and no
change in price or substance of the bid shall be sought, offered or
permitted.
24. Technical Evaluation (Preliminary Examination and Pre-Qualification)
The procurement process consists of three stages: 1) Technical Bid
Evaluation 2) Sample evaluation and 3) Commercial Bid Evaluation.
The first two stages are part of the Technical Evaluation and last is the
part of Commercial Evaluation, to be taken up for the technically eligible
and qualified bidders.
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24.1 As part of the Technical Bid Evaluation, the purchaser will examine the
bids to determine whether they are complete, whether required documents
have been furnished, and whether the bids are generally in order.
24.2 At this stage, the purchaser will determine the responsiveness of each bid
to the bidding documents. The purchaser‟s determination of bids
responsiveness is to be based on the contents of the bid itself without
recourse to extrinsic evidence. However, the disqualification of the bids
could be based on any extrinsic evidence brought to the notice of the
Purchaser any time till the signing of Contract, by treating that the Bidder
had concealed the information by not disclosing it to the Purchaser.
24.3 Further the purchaser will determine to his satisfaction whether the
Bidder is qualified to satisfactorily perform the contract. The determination
will take into account the Bidder's financial, technical and production
capabilities. It will be based upon an examination of the documentary
evidence of the Bidder‟s qualifications submitted by the Bidder pursuant
to clause 13 as well as such other information as the purchaser deems
necessary and appropriate.
24.4 The Purchaser may further take up Factory Inspections by technical
teams, with main objective to confirm that the firms are fully complying
with the good manufacturing practices and following standard operating
procedures.
24.5 The Purchaser may waive any minor informality or non-conformity or
irregularity in a bid which does not constitute a material deviation,
provided such a waiver does not prejudice or affect the relative ranking of
any bidder.
24.6 An affirmative determination at these two stages will be prerequisite for
the opening of the financial bids. A negative determination will result in
rejection of the Bidder‟s bid.
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25. Opening of Commercial Bids:
25.1 Following the technical evaluation, the commercial bids (price bids) of all
the eligible and qualified bidders will be opened and downloaded from the
e-procurement platform. The commercial details are visible to all the
qualified bidders.
25.2 The reasons for the disqualification and non-responsiveness to the bid
conditions are also available to the technically rejected bids.
26. Evaluation and comparison of Bids. (Commercial evaluation)
26.1 The Purchaser will evaluate and compare bids previously determined to be
responsive and qualified for the contract, pursuant to clause 24, for each
item separately.
26.2 The purchaser‟s evaluation of a bid will take into account; the bid price,
which to include all costs as well as duties and taxes paid or payable and
cost of inland transportation, and other costs incidental to the delivery of
goods to their final destination
26.3 All the price bids without any unacceptable conditions will be considered
by the Corporation for finalizing the Rate Contract. Price Bids without
mentioning the units / strength or with altered unit / strength shall be
treated as non-responsive and rejected.
26.4 All the accepted bids from the bidders will be ranked, on the ascending
order of the prices offered.
27. Contacting the Purchaser.
27.1 Subject to clause 23, no Bidder shall contact the purchaser on any matter
relating to the bid, from the time of the bid opening to the time, the
contract is awarded.
27.2 Any effort by a Bidder to influence the Purchaser in the purchaser's bid
evaluation, bid comparison or contract award decisions may result in
rejection of the Bidders bid.
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F. Award of Contract
28. Award Criteria
29.1 After the conclusion of Commercial Bid evaluation, all the lowest bids are
considered for negotiation and rate arrived after negotiation is declared as
„L1 rate‟ and the bidder/s offering the L1 rate for an item or items of
surgical items for which the tender has been invited shall be called as „L1
Bidder/s‟. A provisional rate contract list will be published with the lowest
negotiated rates (L1 rate), on the website and may also be placed on the
Notice Board of the Corporation.
29. Purchaser‟s right to vary quantities
29.1 The purchaser reserves the right, at the time of award of contract/during
the period of contract, to increase or decrease to any extent of the quantity
of goods specified in the schedule of requirements without any change in
price or other terms and conditions.
30. Purchaser‟s right to accept any Bid and to reject any or all Bids.
30.1 The purchaser reserves the right to accept or reject any bid and to annul
the bidding process and reject all bids at any time prior to award of
contract, without there by incurring any liabilities to the affected Bidder or
Bidders or any obligation to inform the affected Bidder or Bidders on the
grounds for the Purchaser's action.
30.2. Further it informed that the lowest price offered is not the sole criteria for
selecting the supplier / product. The two bid system, followed in the tender
has been designed to make the tender process more scientific and
transparent, and to eliminate those suppliers/products which do not
match the eligibility criteria, product specification and manufacturing
process requirements, and manufacturing with proper licenses.
31. Notification of Award.
31.1 Prior to the expiry of the period of the bid validity, the purchaser will notify
all the successful bidders including the „L1 Bidders‟ in writing, duly
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confirming that their bids have been accepted for placing on the Rate
Contract.
31.2 Upon the successful bidders furnishing of performance security, pursuant
to clause 33, the purchaser will promptly notify each unsuccessful Bidder
and will discharge their bid security, pursuant to clause 15.
32. Signing of contract
32.1 On receipt of the notification of award the successful Bidders shall sign the
contract, without any delay and within 15 days of the notification of the
award (contract form at Section -IX). Once the „L1 Bidders‟ sign the
contract and furnish requisite performance security, and then onwards
they will be called „L1 Suppliers‟.
33. Performance security
33.1 Within 15 days of the receipt of notification of award from the purchaser,
the successful Bidder shall furnish the performance security in accordance
with the conditions of contract, in the performance security form provided in
the Bidding documents or another form acceptable to the purchaser and
signs the agreement (Section –X)
33.2 Failure of the successful Bidder to comply with the requirement of clause
32 and clause 33.1 shall constitute sufficient grounds for the annulment of
the award and forfeiture of the bid security, in which event the purchaser
may make the award to the next lowest evaluated bidder or call for new bids.
34. Purchase orders
34.1 The „L1 Supplier/s is/are entitled to be placed the purchase orders for the
surgical items up to the bid quantity and if there are more than one „L1
supplier‟, the purchase orders will be placed among them in equal
proportions. Any time during the period of Rate Contract, a purchase order
is placed even exceeding the bid quantity, the Supplier shall accept and
fulfill all the contractual obligations.
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34.2
If the successful bidder fails to execute the agreement and / or deposit the
required security within the time specified or withdraws his bid after the
intimation of the acceptance of his bid has been sent to him or other
reasons, he is unable to undertake the contract, his contract will be
cancelled and the Earnest Money Deposit shall stand forfeited to the
Andhra Pradesh Medical Services & infrastructure Development
Corporation and he will also be liable for all damages sustained by the
Managing Director, Andhra Pradesh Medical Services & infrastructure
Development Corporation,
If the bidder by any reasons of breach, such as failure to supply/delayed
supply, including the liability 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 accessed by the Managing
Director, Andhra Pradesh Medical Services & infrastructure Development
Corporation whose decision is final in the matter.
If the successful bidder fails to supply the total quantity of the product in
the purchase order, 10% of unexecuted quantity value will be levied as
penalty in addition to withholding the value of the unexecuted quantity
from the pending bills for payment till the procurement of the of the
executed quantity is completed either from the successful bidder or from
the open source as decided by the corporation.
If any articles or things supplied by the bidder have been partially or
wholly used or consumed after supply and are subsequently found to be in
bad order, unsound, inferior in quality or description or are otherwise
faulty or unfit for use, then the contract price or prices of such articles or
things will be recovered from the bidder, if payment had already been
made to him. Otherwise the bidder 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 Managing Director, Andhra Pradesh Medical Services & infrastructure
Development Corporation and the bidder shall be liable for all the losses
sustained by the Andhra Pradesh Medical Services & infrastructure
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Development Corporation in consequence of the termination which may be
recovered personally from the bidder from his properties, as per rules.
In the event of supplies declared as NSQ, contract with the bidder will be
suspended and purchases made from alternative suppliers. Such Firm
may be black listed for three (3) years beginning from the year following
the one in which defective supplies was detected. The bidder shall also be
liable for action under criminal law and the matter shall be notified to the
concerned Licensing authority of the Drugs Control Administration.
In all the above conditions, the decision of the Managing Director, Andhra
Pradesh Medical Services & Infrastructure Development Corporation shall
be final and binding.
In the event of any dispute arising out of the bids such dispute would be
subject to the jurisdiction of the Civil Courts within the city of Mangalagiri,
Guntur dt./Guntur.
If any „Supplier/s‟ has not accepted the purchase order placed either up
to the bid quantity or more than the bid quantity as the case may be, or
failed to supply the required surgical items i.e., initial 50% and balance
50% quantities within the time permitted with liquidated damages as the
case may be, the Corporation will cancel the purchase orders for the
„unexecuted‟ part. For this the Corporation will place purchase orders with
the L2 firm or with other lowest bidder. If no listed bidder accepts to
supply the product, the corporation will have the right to purchase from
the open market as situation demands. The corporation recovers the cost
difference i.e. the cost difference between rate contract agreement rate and
the procured rate from the L1 firm/firms.
35. Fraud and corruption
It is the Purchaser‟s policy that requires that the bidders, suppliers and
contractors observe the highest standard of ethics during the procurement
and execution of such contracts. In pursuance of this policy, the Purchaser:
(a) Defines, for the purposes of this provision, the terms set forth below as follows:
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(i) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
(ii) “fraudulent practice” is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit or to avoid an
obligation;
(iii) “Collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including influencing improperly
the actions of another party;
(iv) “Coercive practice” is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
(v) “obstructive practice” is deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation or making false
statements to investigators in order to materially impede a investigation into
allegations of a corrupt, fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the investigation or from pursuing the
investigation
(b). will reject proposal for award if it determines that the bidder considered
for award has, directly or through an agent, engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices in competing for the contract in
question;
(c). Will cancel the contract if the purchaser determines at any time that the
bidder, supplier and contractors engaged in corrupt, fraudulent, collusive, or
coercive practices.
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(d). will sanction a firm or individual, including declaring ineligible, either
indefinitely or for a stated period of time, to be awarded a contract if it at any
time determines that the firm has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive or obstructive practices in competing
for, or in executing, a contract; and
(e). Will have the right to inspect the accounts and records of the bidders,
supplier, and contractors and to have them audited by auditors appointed by
the Purchaser
Section III: General Conditions Of Contract
1. Definitions
1.1 In this contract, the following terms shall be interpreted as indicated;
(a) "The contract or rate contract" means the agreement entered into
between the purchaser and the supplier, as recorded in the contract
form signed by the parties, including all the attachments and
appendices thereto and all documents incorporated by references
therein.
(b) “The contract Price" means the price payable to the supplier under
the contract for the full and proper performance of its contractual
obligations.
(c) “The goods" means the surgical items and / or other materials which
the Supplier is required to supply to the Purchaser under the
contract.
(d) "Services" means services ancillary to the supply of the goods, such
as transportation, insurance and any other incidental services, and
other obligations of the supplier covered under the contract.
(e) "The Purchaser or Corporation" means the APMSIDC, the
purchasing agency
(f) "The L1 Supplier" or “Matched L1 Supplier” means the individual or
firm supplying the goods under this contract.
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(g) “The Government” means the Government of Andhra Pradesh or its
authorized representatives
(h) “The Project Site”, where applicable means the place or places
named in Schedule of Requirements
(i) “Day” means calendar day.
2. Application
2.1. These General conditions shall apply to the extent that they are not
superseded by provisions in other parts of the contract.
3. Standards
3.1 The Goods supplied under this contract shall conform to the standards
mentioned in the Technical specifications and when no applicable
standard is mentioned the authoritative standard appropriate to the goods
country of origin shall be followed and such standard shall be the latest
issued by the concerned institution
4. Use of contract documents and Information
4.1. The supplier shall not without the purchaser‟s prior written consent,
disclose the contract or any provision thereof or any specification, plan,
drawing, pattern, sample or information furnished by or on behalf of the
purchaser in connection therewith to any person other than a person
employed by the supplier in performance of the contract. Disclosure to any
such employed person shall be made in confidence and shall extend only
so far as may be necessary for purposes of such performance.
4.2. The supplier shall not, without the purchasers prior written consent make
use of any document or information enumerated in Para 5.1 except for
purposes of performing the contract.
4.3. Any document other than the contract itself enumerated in Para 5.1 shall
remain the property of the purchaser and shall be returned (in all copies)
to the purchaser on completion of the suppliers performance under the
contract if so required by the purchaser.
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5. Patent Rights 5.1 The supplier shall indemnify the purchaser against all third party claims
of infringement of patent, trademark for industrial design rights arising
from use of the goods or any part thereof in India.
6. Performance Security
6.1 Within 15 days after the supplier‟s receipt of notification of award of the
contract, the supplier shall furnish performance security to the purchaser
for the amount specified in the special conditions of contract.
6.2 The proceeds of the performance security shall be payable to the
purchaser as compensation for any loss resulting from the supplier‟s
failure to complete its obligations under the contract.
6.3 The performance security shall be denominated in Indian Rupees and
shall be in the form of a Demand Draft in favour of Managing Director,
APMSIDC, Guntur.
6.4 The performance security will be discharged by the Purchaser and
returned to the supplier not later than 60 days following the date of
completion of the supplier‟s performance obligations, including any
warranty obligations.
7. Inspections and Tests.
7.1. The purchaser or his representatives shall have the right to inspect and /
or to test the surgical items to confirm their conformity to the contract.
The special conditions of contract and / or the technical specifications
shall specify what inspections and tests the purchaser requires and where
they are to be conducted. The purchaser shall notify the supplier in
writing of the identity of any representatives retained for these purposes.
7.2. The inspections and tests may be conducted in the premises of the
supplier (s) at point of delivery and/or at the goods final destination.
Where conducted on the premises of the supplier(s) all reasonable facilities
and assistance including access to the production data, manufacturing
process, and quality control methods adopted etc., for the manufacture of
the items offered, shall be furnished to the inspectors at no charge to the
purchaser.
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7.3. Should any inspected or tested surgical items fail to conform to the
specifications and quality standards the purchaser may reject them and
the supplier shall replace the rejected surgical items, free of cost to the
purchaser.
7.4. The purchasers right to inspect ,test and where necessary reject the goods
after the goods arrival at site and shall in no way be limited or waived by
reason of the goods having previously been inspected, tested and passed
by the purchaser or its representative prior to the goods shipment from the
country of origin.
7.5. Nothing in clause 7 shall in any way release the Supplier from any
warranty or other obligations under this contract.
7.6 . Inspection of the firms
Whenever corporation feels that it is necessary to inspect the
firm and its manufacturing facility either by MD or any
person/committee nominated by MD, the bidder shall provide all data,
documentation and information without cost. If any adverse report is
received in such inspection, APMSIDC will issue show cause notice to
the firm. If the reply is found not satisfactory, the APMSIDC shall have
the right to reject the bid or terminate/ cancel the orders already
issued or not to issue any further order.
The tenderer, whose manufacturing unit is found to be not complying
with GMP/ISO/BIS during inspection, will be levied with a fine of
Rs.50,000/- or the expenditure incurred by the APMSIDC in
conducting such inspection whichever is higher. This fine amount
shall be deducted from the EMD deposited by the bidder or from any
other amount payable to them in any nature. The amount shall be
deducted without any notice. In case of deficit, legal action will be
taken against the bidder for recovery as per law.
7.7 The supplier should give the batch size for each of the product quoted
and when the supplies are effected the size of the batch mentioned in
the quality analytical report or the Batch size submitted by the
supplier ,whichever is higher will be considered for calculating the
cost of Quality Assurance tests. The excess batches supplied will be
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charged at the double the cost of Quality assurance test charged by
the empanelled laboratories.
8. Packing 8.1 The supplier shall provide such packing of the goods as is required to
prevent their damage or deterioration during transit to their final
destination as indicated in the contract. The packing shall be sufficient to
withstand, without limitation, rough handling during transit and exposure
to extreme temperatures, salt and precipitation during transit and open
storage. Packing case size and weights shall take into consideration where
appropriated the remoteness of the Goods final destination and the
absence of heavy handling facilities at all points in transit.
8.2 The packing, marking and documentation within and outside the packages
shall comply strictly with such special requirements, as shall be provided
for in the contract and subject to clause 18 and any subsequent
instructions ordered by the purchaser.
9. Delivery and Documents
9.1 Delivery of the Goods shall be made by the Supplier in accordance with
the terms specified by the purchaser in the Notification of Award. The
Documents needed for the processing of the payment are given in the
Clause 6 of SCC.
10. Insurance
10.1 The goods supplied under the contract shall be fully insured in Indian
Rupees against the loss or damage incidental to manufacture,
transportation, storage and delivery in the manner specified in the special
conditions of contract.
11. Transportation
11.1 The supplier is required to deliver the goods to the destinations specified
in the contract and the cost thereof shall be included in the contract price.
11.2 The transportation of the Goods after the delivery at the final destination
shall be the responsibility of the Purchaser.
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12. Incidental services.
12.1 The supplier is required to provide the all the incidental services as
required and specified under the Technical Specifications, if any.
13. Warranty
13.1 The Supplier warrants that all the Goods are new, unused, and of the
most recent or current models, and that they incorporate all recent
improvements in design and materials, unless provided otherwise in the
Contract. The supplier further warrants that the goods supplied under this
contract shall have no defect arising from design materials or workmanship
(except insofar as the design or material is required by the purchasers
specifications) or from any act or omission the supplied goods in conditions
obtaining in the country of final destination.
13.2 The purchaser shall promptly notify the supplier in writing of any claims
arising under this warranty.
14. Payment
14.1 The method and conditions of payment to be made to supplier under
the contract shall be specified in the special conditions
14.2 a) The Suppliers request (s) for payment shall be made to the
purchaser in writing accompanied by an invoice describing as appropriate
the goods delivered and the services performed and by shipping
document, submitted pursuant to clause 10, and upon fulfillment of
other obligations stipulated in the contract.
b) The in house quality report with batch size or any document
showing the batch size of the product shall be submitted
14.3 Payments will be made at the earliest possible time after receipt of
material at Central Drug. Stores and proper documents as per tender
conditions in the O/o APMSIDC , Mangalagiri, Guntur District.
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14.4 Payment shall be made in Indian Rupees.
14.5 Suppliers have to submit invoices in the following manner .
i) In case of PO whose value is less than 20 Lakhs the supplier
shall submit the bill after completion of supply of 95% of the
indented quantity.
ii) If the PO value is above 20 lakhs , bills can be submitted in
two stages. Ist invoice after supplying at least 75% of indented
quantity in all districts and 2nd invoice after supplying 95% of
the indented quantity.
Note :- In the case of 14.5 (ii) 50% of the value of the indented quantity will be paid after completion of supply of 75% of the indented quantity in all district central drug stores in the state.
The balance amount will be paid after completion of supply of at least 95% of the indented quantity.
15. Prices
15.1 Prices charged by the supplier for goods delivered and services performed
under the contract shall not with the exception of any price adjustments
authorized by the special conditions of contract, vary from the prices quoted
by the supplier in its bid.
16. Change Orders
16.1 The Purchaser may at any time by written orders given to the Supplier
pursuant to clause 31, make changes within the general scope of the
contract in any one or more of the following;
(a) The quantity to be delivered; or
(b) the place of delivery
16.2 Any claims by the supplier for adjustment under this clause must be
asserted within thirty (30) days from the date of the Suppliers receipt of the
purchasers change order.
17. Contract Amendments
17.1 Subject to clause 18, no variation or a modification of the terms of the
contract shall be made except by written amendment signed by the parties.
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18. Assignment
18.1 The Supplier shall not assign in whole or in part its obligations to
perform under the Contract to any agency, except with the Purchaser‟s
prior written consent.
19. Delays in the suppliers performance and „Not of Standard Quality‟
supplies
19.1. As explained in the Section I, the quality of items procured and
timely supplies without default are being given paramount importance
by the Corporation. The Corporation will be dealing with defaulters in
these fronts with a firm hand, which may lead to cancellation of
orders, black listing, imposing of penalties and recovery of damages
etc.
19.2. The Corporation takes up the quality testing of the Supplied surgical
items as per the „Procedure for NSQ (Not of Standard Quality), as
explained in the Section V (Technical Specification).
19.3. Delivery of the surgical items against each Purchase Order placed
shall be made by the Supplier in accordance with the terms of
contract and should start within 30 days i.e.50% of the quantity being
supplied with 30 days from the date of the receipt of the Purchase
Order and complete the balance 50% supplies within 60 days from
that date.
19.4. The permitted delay, with imposition of liquidated damages, in the
execution of any Purchase Order placed is 15 days for both 50% initial
supply part or for the balance 50% part.
19.5. If any „Supplier/s‟ has not accepted the purchase order placed up to
the bid quantity; or failed to supply the required surgical items i.e.,
initial 50% and balance 50% quantities within the time permitted with
liquidated damages as the case may be, the Corporation will cancel
the purchase orders of the unexecuted‟ quantity and impose suitable
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„unexecuted penalties‟ as per the SCC. Supply shall be considered
complete only upon receipt of at least 95% of the ordered quantity at
each of the 13 district warehouses and uploading of the required
documents in e-Aushadhi software. The date of actual receipt of the
goods or the date of uploading of the required documents whichever is
later shall be considered as date of receipt of the material.
20. Liquidated Damages and Black-listing
20.1 The Corporation will impose suitable penalties in the form of Liquidated
damages for the delays in the supplies as described in the Special
Conditions of the Contract
20.2 In case of complaints on the quality of the products supplied, bills will be
withheld till receipt of Satisfactory Test reports and in the event of supplies
fail quality tests, contract with the bidder for that item will be suspended
and purchases will be made from alternative supplier:
Further If one item of any Supplier is found „Not of Standard Quality‟
during the Rate Contract (RC) period, then that particular item will be
blacklisted for remainder of the current RC period.
In all the above case, the bidder will also be liable for imposition of
penalties and action under criminal law If any surgical items supplied by
the Rate Contractor have been partially or wholly used after supply and
are subsequently found to be of „Not of Standard Quality‟, inferior in
quality or description or otherwise faulty or unfit for usage,then the
contract price of such surgical items will be recovered from the future
payments due, if payment had already been made.
20.3 The decision of the Managing Director, APMSIDC, or any officer authorized
by him in respect of the quality of the supplied surgical items and other
goods etc., shall be final and binding.
20.4 The Corporation may blacklist, any of the Rate Contract Supplier who
itself or its product under the RC is found placed on the black-list for any
reason by any other State / Central government's department or
organization or any procuring agency in India during the period of Rate
Contract
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20.5 If the supply is received in damaged condition in respect of primary
packing, it shall not be accepted. In case of any acceptable deficiencies or
damages in the secondary or tertiary packing, marking and
documentation, the supply will be accepted only after levying penalty @
2% on the total value of supply to that destination.
21. Cancellation of Purchase Orders and Risk Purchases
21.1 In the event of any default under the Contract, where the purchaser
cancels a purchase order, or terminates the contract in whole or in part, or
blacklists the Supplier, the purchaser take up Risk Purchases to ensure
continuity in the Surgical items supplies, upon such terms and in such
manner as it deems appropriate, Goods similar to those undelivered, and the
supplier shall be liable to the purchaser for any excess costs for such similar
surgical items and Corporation impose penalties as mentioned in other parts
of this document.
21.2 If any rate contract holder fails to supply the surgical within the within
stipulated period from the date of receipt of purchase order, the purchase
order deemed to be cancelled and no stocks will be accepted for any reason
after completion of the supply period.
21.3 The firm will be deemed as an “Undependable supplier” and further order
will not be placed on him during the rest of the rate contract period. In
considering the period of delay public holiday falling after the stipulated
period of the purchase order receipt date will be excluded.
21.4 If the firm declared as “undependable supplier” for 2 products in the
same tender then the firm will be blacklisted for three consecutive years.
21.5 The products declared as Not of Standard quality will not be returned to
the firm ,but the amount of the entire supplied NSQ batche/s will be
deducted from the bills amount payable to the firm or from PSD of the firm.
21.6 An intimation either through mail/SMS of the firm which was submitted
by the firm at the time of participation in tender in the form of a letter/SMS
will be sent to the firm regarding the products that are going to be expired
within 6 months to replace the quantity with fresh batch within three weeks
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from the date of such intimation. If the firm fails to replace with fresh batch
stock within the stipulated period of time given by APMSIDC, the value of
expired goods will be deducted from the bill amount payable to the firm and
PSD of the firm. If the amount is more than the PSD or bills pending for
payment the same will be recovered from the firm as per the existing
provisions of Revenue recoveries Act.
22. Force Majeure
22.1 Notwithstanding the provisions of clauses 22, 23, 24, the supplier shall
not be liable for forfeiture of its performance security or liquidated damages
or termination for default, if and to the extent that, its delay in performance
or other failure to perform its obligations under the contract is the result of
an event of Force Majeure.
22.2. For purposes of this clause “Force Majeure" means an event beyond the
control of the supplier and not involving the suppliers fault or negligence
and not fore-see-able. Such events may include but are not limited to, acts
of the purchaser either in its sovereign or contractual capacity, wars or
revolutions, floods, epidemics, quarantine restrictions and freight
embargoes.
22.3. If a force majeure situation arises, the supplier shall promptly notify the
purchaser in writing of such conditions with documentary evidence and
the cause thereof. Unless otherwise directed by the purchaser in writing
the supplier shall continue to perform its obligations under the contract as
far as is reasonably practical and shall seek all reasonable alternative
means for performance not prevented by the force majeure event.
23. Termination for Insolvency.
23.1 The purchaser may at any time terminate the contract by giving written
notice to the supplier, if the supplier becomes bankrupt or otherwise
insolvent, provided that such termination will not prejudice or affect any
right of action or remedy which has accrued or will accrue thereafter to the
purchaser.
24. Termination for convenience.
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24.1 The purchaser may by written notice sent to the supplier terminate the
contract, in whole or in part at any time for its convenience. The notice of
termination shall specify that termination is for the purchaser‟s convenience
the extent to which performance of work under the contract is terminated
and the date upon which such termination becomes effective.
25. Resolution of Disputes
25.1 The purchaser and the supplier shall make every effort to resolve amicably
by direct informal negotiation any disagreement or dispute arising between
them under or in connection with the contract.
25.2 If after thirty (30) days from the commencement of such informal
negotiations the purchaser and the supplier have been unable to resolve
amicably contract dispute, either party may require that the dispute be
referred for resolution to the formal mechanisms specified in the special
conditions of contract. These mechanisms may include but are not limited to
conciliation, mediation by third party justification in an agreed national or
international forum and / or international arbitration. The mechanism shall
be specified in the special conditions of contract.
26. Governing Language
26.1 The contract shall be written in English language, as specified by the
purchaser in the instructions to bidders. Subject to clause 30, English
language version of the contract shall govern.
27. Applicable law
The contract shall be interpreted in accordance with the laws of the union
of India and the legal jurisdiction is Hyderabad.
28. Notices
28.1. Any notices given by one party to the other pursuant to the contract shall
be sent in writing or e-mail and confirmed to the address specified for that
purpose in the special conditions of the contract. A notice shall be effective
when delivered or on the notices effective date, whichever is later.
29. Taxes and duties
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29.1. Suppliers shall be entirely responsible for all Central or State or any other
taxes, duties, license fees, etc. incurred until delivery of the contracted
goods to the purchaser.
29.2. The rates quoted by the bidder shall be deemed to be inclusive of the sales
and other taxes that the bidder will have to pay for the performance of this
contract. The statutory changes in the taxes and duties during the
validity of the Contract are applicable, provided the bidder clearly provides
the break-up of the price components and taxes at the time of bid
submission as per Clause 11 of ITB
Section IV: Special Conditions of the Contract (SCC)
1. The following special conditions of contract shall supplement the general
Conditions of contract. Whenever there is conflict, the provisions herein
shall prevail over those of the general conditions of contract the
corresponding clause number of the general conditions in parentheses.
2. Definitions (Clause I)
(a) The Purchaser is ; Managing Director, APMSIDC, APMSIDC, Plot No.9, Survey No.49,
IT Park, Mangalagiri, Guntur District – 522503
(b) The Supplier is ----------------------------
3. Performance security (Clause 6)
3.1. .Performance security is 5% of the contract value, subject to a maximum
of Rs. 10, 00,000/- (rupees ten lakhs only) of each item approved and the
performance security shall be valid up to 60 days after the date of
completion of Rate Contract.
3.2. Add clause 7.5 to the GCC as the following:
In the event of any contract amendment, the supplier shall within 7 days
of receipt of such amendment furnish the amendment to the performance
security rendering the same valid for the duration of the contract, as
amended for further period of 60 days thereafter.
4. Inspection and Tests (clause 7)
36
The APMSIDC is keen on buying quality surgical items. The surgical items
purchased will be subjected to rigorous quality control by getting them
tested in independent and reputed accredited laboratories.
The following inspection procedures and tests are required by the
Purchaser:
4.1 A) The Supplier shall get each surgical items inspected and tested by its
in-house Quality Control Wing at the manufacturing premises only and
provide a Certificate of Analysis that the surgical items conforms to all
specifications contained in the contract.
B) Every non-drug item shall be labeled with batch / lot number ,
Manufacturing date and expiry date (if any). These items shall be supplied
with quality control report.
4.2. The Purchaser or its representative may inspect and/or test any or all the
surgical items to confirm their conformity to the Contract specifications,
prior to dispatch from the manufacturer‟s premises. Such inspection and
clearance will not prejudice the right of the consignee to inspect and test
the surgical items on receipt at destination.
4.3. Whenever corporation feels that it is necessary to inspect the firm and its
manufacturing facility by MD or any other person /committee nominated
by MD, the bidder shall provide all dat, documentation and information
without cost.If any adverse report is received in such inspection ,
APMSIDC will issue show cause notice to the firm. If reply is found not
satisfactory, the APMSIDC shall have to reject the bid or terminate /
cancel the orders already issued or not to issue any further order.The
Tenderer , whose manufacturing unit is found to be not complying with
GMP during the inspection , will be levied with a fine of Rs.50,000/- or the
expenditure incurred by the APMSIDC in conducting such inspection
whichever is higher. This fine amount shall be deducted from the EMD
deposited by the bidder of from any other amount shall be deducted from
the EMD deposited by the bidder or from any other amount payable to
them in any nature. The amount shall be deducted without any notice. In
37
case of deficit, legal action will be taken against the bidder for recovery as
per law.
4.4. However, on arrival of the surgical items at destinations, the purchaser or
its representative shall have the right to inspect and/or test any or all the
surgical items to confirm their conformity to the contract.
4.5. If the supplied item (s) or its performance is not as per specified
conditions, the supplier shall replace the items to the satisfaction of the
purchaser‟s representative.
5. Packing (Clause 8)
Apart from the general requirements, other technical details of individual
packing requirements are given in the Section V: Technical Specifications.
6. Delivery and Documents (Clause 9)
The following documents are required towards the proof of the delivery and
quality of the supplied surgical items:
(i) Three copies of the Supplier invoice showing product‟s description,
quantity, Unit Price, total amount, Lot/Batch No: and Date
Manufacture and Expiry wherever applicable
(ii) Material Receipt Certificate from the Consignee
(iii) Quality Control Certificate containing the Batch Size from the
Internal Quality Control Wing of the manufacturer
(iv) Quality Test Certificate from a Laboratory (i.e. the test report basing
on which the product is permitted for sale or distribution in the
country by the Government of India) in case of imported item or
Inspection Certificate issued by the nominated inspection agency .
7. Insurance (Clause 10)
38
For delivery of goods at site, the insurance shall be obtained by the
Supplier at his cost for an amount equal to 110% of the value of the goods
from "warehouse to warehouse" on "All Risks" basis including war Risks
and Strike clauses period in the joint names of purchaser and supplier.
8. Incidental Services (Clause 12)
No additional services are required to be provided over the services already
covered under clause 12 of GCC.
9. Payment (Clause 16)
9.1 Payment for goods and services shall be made in Indian Rupees as
follows: 100 % of the Contract Value of the Supply part, after the deduction
of statutory taxes, will be paid to the Supplier upon submission of the
documents described at Clause 6 of SCC, i.e., after completion of all the
performance obligations
10. Prices (Clause 15)
Substitute Clause 15.1 of the GCC by the following:
Prices payable to the Supplier as stated in the Contract shall not be
subject to adjustment during performance of the Contract.
11. Liquidated Damages (Clause 20)
11.1.Liquidated Damages for delays
Subject to clause 20 of GCC, the Purchaser shall, without prejudice to its
other remedies under the Contract, deduct the following as:
Liquidated damages, a sum equivalent to 0.5 percent (0.5%) of the
delivered price of the delayed Goods for each day up to a maximum
of 15 days. i.e. from 61st day to 75th day.
At the request of the firm/supplier in writing before expiry of 75th
day from the approval date of purchase order to the Managing
Director of APMSIDC, the delivery time may be extended up to 105
days at his/her discretion with a penalty of 1% per day on the
delivered price of the delayed Goods. i.e. from 76th day to 105th day.
39
If no permission is obtained and more than one purchase order is
not supplied in the stipulated period of supply then the firm will be
declared as undependable supplier for the products for which the
supplies are not executed.
12. Resolution of Disputes (Clause 25)
Add as Clauses 25.3 and 25.4 of the GCC the following:
1) The dispute resolution mechanism to be applied pursuant to clause 25
of the General Conditions shall be as follows:
(a) In the case of dispute or difference arising between the Purchaser and a
Supplier relating to any matter arising out of or connected with this
agreement, such dispute or difference shall be referred to the award of
two Arbitrators, one Arbitrator to be nominated by the Purchaser and the
other to be nominated by the Supplier or in the case of the said
Arbitrators not agreeing, then at the award of an Umpire to be appointed
by the Arbitrators in writing before proceeding with the reference, and in
case the Arbitrators cannot agree to the Umpire, he may be nominated
by the Arbitration committee of the Indian Council of Arbitration, India.
(b) The award of the Arbitrators, and in the event of their not agreeing, of the
Umpire appointed by them or by the Arbitration Council of India, India,
shall be final and binding on the parties.
(c) The Indian Arbitration Act 1996, the rules there under and any
statutory modification or re-enactments thereof, shall apply to the
arbitration proceedings.
2) The venue of arbitration shall be the place from where the Contract is
issued.
13. Notices (Clause 28)
40
For the purpose of all notices, the following shall be the address of the
purchaser and supplier.
Purchaser: The Managing Director, APMSIDC, Plot No.9, Survey No.49,
IT Park, Mangalagiri, Guntur District – 522 503.
Supplier: (To be filled in at the time of Contract Signature)
14. Actions against the misconduct of the Supplier
14.1. A Supplier found being supplied or offered similar items of similar
quantities to any other similar Organization or Department or Agency or
State in the country during the validity of the contract with the APMSIDC,
at a rate lower than the rate at which they supplied under this tender, the
difference amount is liable to be recovered apart from blacklisting the firm
for a minimum period of 2 years. In all these issues the decision of the
Managing Director, APMSIDC will be final.
14.2. The Supplier should furnish an undertaking on a stamped paper
(Annexure-XIII) that they will remit the differential cost, if they quote lower
rate than the rate quoted to the APMSIDC to any other agency or
department or state, during the period of contract
14.3. If the bidder fails to demonstrate on asked to do so, of the products quoted
with their bid, without any valid or convincing reason to the satisfaction of
the Purchaser, the bids for other items offered against the bid notice will
not be considered and he may be debarred for a certain period as decided
by the Purchaser.
15. Procedure for Blacklisting
15.1. For blacklisting a product or firm, for defaulted Supply or for supply of Not
of Standard quality product or for withdrawal from the tender etc as noted
in the tender, a registered show-cause notice shall be issued to the
bidder/supplier calling for explanation within 7 days from the date of
receipt of notice.
15.2. On receipt of the explanation from the bidder/supplier, the Managing
Director, APMSIDC may take appropriate action on merits of the case and
41
may impose blacklisting of the particular product(s)/supplier by passing
appropriate orders, before arranging a hearing with the defaulter
16. Appeals
16.1 A supplier/firm who‟s product or the supplier/firm, itself have been
blacklisted by the corporation which is displayed in the corporation
website i.e.://msidc.ap.nic.in// may within 15 days from the date of
display, appeal to the state Government i.e. Special Chief Secretary/
Principal Secretary to State Govt., who deals the subject of APMSIDC
activities in HM&FW dept. A.P.
16.2 The State Government after such enquiry into the matter, as is considered
necessary and after giving the said supplier an opportunity for
representing his views, may pass such order in relation thereto as it thinks
fit.
42
SECTION - V
Item List
Item Code
Name of the Item
Specification Unit Probable required Quantity Per Year
10340 Non Pneumatic Anti Shock Garments (NASG)
This compression garment is made from neoprene, a stretchable material. That recoils and applies pressure through the skin. It feels like a tight diving wet-suit to wear and consists of five segments that compress the legs (Segments 1, 2 and 3), the pelvis (Segment 4) and the abdomen (Segment 5). The abdominal segment includes a foam compression ball that presses on the area of the uterus. The segments are held in place by Velcro. It is a very promising, potentially life-saving technique for low-resource settings. Preliminary pre and post-intervention trails have shown that the NAGS significantly reduces shock, blood loss the need for emergency hysterectomy, and maternal mortality and severe morbidity associated with PPH and other causes of obstetric hemorrhage. Randomized controlled trails by the world Health Organization. Each NASG can be used 50-100 times.
Each 1000
10341 Safe Delivery And Surgical Kits
As per Specifications mentioned at page No 43 and 44.
Each 250000
10342 Triple Layer Surgical Mask
Tie on Mask of Non-woven, Hypoallergenic 3 ply construction with filter in between offering above 99 percent standard with 4 tie strings.
Each 20000
10326 mdc
N-95 Respirator Mask
N-95 Face Respirator Mask : Filter efficiency of 95 percentage or more against particulate aerosols. The mask should be provided with expiration valve. It should be disposable and to be able to fit for wide range of face sizes. It should accompany with certification from NIOSH or any other internationally accepted certification.
Each 50000
43
44
45
Annexure I to Section V
Technical Requirements
1) Intellectual Property Rights: The Supplier shall indemnify the APMSIDC
against all third party claims of infringement of any patent, trademark, copyright
or industrial design and other intellectual property rights arising from use of the
surgical items supplied.
2). Logograms: Bids for the supply of surgical items shall be considered only if
the Bidder gives an undertaking in his Bid that the supply will be prepared and
packed with the logogram printed as per the design provided by the Corporation.
3) Packaging: The boxes shall be packed in weather resistant triple walled
insulated 5-ply cartons. Each ply having strength of minimum 150 gsm. It
should be fabricated from virgin quality „A‟ grade material. The overall dimension
of the carton should be such that the product does not get damaged during
transportation and storage.
4) Quality Testing
a) Samples of surgical items supplied under the Contract will be subjected to
quality tests. As soon as the material is received at Central Medicines
Stores, the samples will be drawn by the Corporation staff. Each batch
Samples shall be taken from each consignment and tested for quality in a
time bound manner. APMSIDC may also draw samples from the peripheral
units wherever the surgical items are supplied and get them tested in
empanelled laboratories.
b) The Drug related surgical item samples will be sent to the Government
approved and/or empanelled analytical testing laboratories for their
quality as per Standards prescribed by the Drugs and Cosmetics Act,1940
and rules,1945.
c) Whenever a particular item is declared as “Not of Standard Quality” (NSQ)
or Sub-standard by the above laboratories then that item of the RC approved
firm will be black listed against the firm.
46
d) All the NSQ products either drug related items or non-drug related items will
not be returned to the company but will be destroyed, and the amount will
be deducted from the company bills. No purchase orders will be placed for
the „‟C”
i) In case of complaints, bills will be withheld till receipt of analytical
report. Further action will be taken on the basis of report.
ii) On physical verification by the District level inspection team, if any
item is suspected to be of „Not of Standard Quality‟, bills will be
withheld until receipt of analysis reports as standard quality.
1. The decision of the Managing Director, APMSIDC, or any officer
authorized by him as to the quality of the supplied Surgical items,
surgical items etc., shall be final and binding.
5. The packaging and labeling standards for drug related items should comply
with the related provisions of Drugs and Cosmetics Act, 1940 and rules
thereof and also with requirements of Good Manufacturing Practices as per
revised Schedule M of Drugs and Cosmetics rules,1945.
6. The product must comply with general requirements of the item as the
applicable standards of the country of the manufacture and in respect of
drug related items as per the Indian Pharmacopeias (IP). In case the product
is not included in I.P. but is official in B.P. or U.S.P. it should comply with
requirements given in those pharmacopeias.
7. The packaging components should also conform to the specifications
suitable for use in the prevailing climatic conditions. All the packaging
should be properly sealed and tamper-proof. Pharmaceuticals requiring
special storage requirements must specifically indicate on the label and
containers and be shipped in special conditions to ensure the stability and
the integrity of the surgical items.
8. Bar-coding requirements: Incorporation of barcodes (1D or 2 D)
encoding unique product identification code (GTIN), Batch Number,
47
Expiry Date and Serial Number of the Secondary pack on each of the
secondary Level packaging and incorporation of barcodes (1 D or 2D )
encoding unique product identification code (GTIN), Batch Number,
Expiry Date and Serial Number of the Tertiary pack (shipper/carton) on
each of the Tertiary Level packaging.
48
ANNEXURE II to Section V
Schedule for Packaging of Surgical items
I .General Specifications:
1) No corrugated package should weight more than 15 kgs (i.e. Product +
inner carton + corrugated box).
2) All Corrugated boxes should be of „A‟ grade paper i.e., Virgin.
3) All items should be packed only in first hand box only.
FLUTE:
4) The corrugated boxes should be of narrow flute.
JOINT:
5) Every box should be preferably single joint and not more than two joints.
STITCHING:
6) Every box should be stitched using pairs of metal pins with an interval of
two inches between each pair. The boxes should be stitched and not
jointed using calico at the corners.
FLAP:
7) The flaps should uniformly meet but should not over lap each other.
The flap when turned by 45-60o should not crack
8) Every box should be sealed with gum tape running along the top and lower
opening.
CARRY STRAP:
9) Every box should be strapped with two parallel nylon carry straps. (They
should not intersect).
LABEL:
10) Every corrugated box should carry a large label clearly indicating
that the product is for A.P. G“ovt. Supply – Not for Sale”. The lower one
third of the large label will indicate in bold the value of the product
11) The product label on the carton should be large at least 15 cm x 10
cm dimension. It should carry the correct technical name, strength or the
product, date of manufacturing, date of expiry, quantity packed and net
weight of the box.
12) No box should contain mixed products or mixed batches of the same
product.
49
SECTION - VI
QUALIFICATION CRITERIA
(Referred to in clause 13.2 of ITB)
I. Terms of Qualification:
(a) The bidder should have a minimum annual turnover of Rs.1 Crore for
manufacturers and Rs.10 Lakhs for authorized distributors in any of
the last three years i.e., 2014-15 ,2015-16 and 2016-17.
(b) The Bidder shall be a manufacturer having valid manufacturing license for the
item quoted as per the specification and/or as a direct importer, holding valid import
license.
(c) The Bidder must have necessary quality certifications for both processes
and products such as IS 9001 (Quality Management System for
Organization) and relevant Indian or International Standard Certifications
for Products.
II. Terms of Disqualification:
1. The Bidders who has withdrawn their bids in any of the previous
tenders of APMSIDC
2. The bidder who is placed on the black-list by either APMSIDC or by any other
State / Central government's department or organization for the product
offered with his bid in the last 3 years
3. The bidder who is placed on the black-list by either APMSIDC or by any other
State / Central government's department or organization in the last 3 years
4. The bidder who is currently blacklisted / debarred either by APMSIDC or by
any State Government or Central Government Department or Organization .
- In all the above cases, the disqualification cut-off date will be till the contract is
signed.
III. Not with standing anything stated above, the purchaser reserves the right to
assess the Bidders capabilities and capacity to perform the contract should
circumstances warrant such an assessment in the overall interest of the
purchaser deciding on award.
50
SECTION – VII (A): BID FORM
(As per Clause 10 of Section –II)
(Name and Address of Purchaser)
Date_______________
To Contract No.________
The Managing Director, APMSIDC, Mangalagiri.
Gentlemen:
Having examined the Bidding Documents including Addenda No. ____________
the receipt of which is hereby duly acknowledged, we, the under-signed, offer to
supply and deliver ___________________________________________ (Description of
Surgical items) in conformity with the said Bidding Documents through the Rate
Contract (2016-2018) for the sum as given in the Price Bid (electronically) or
such other sums as may be ascertained in accordance with the schedule of
prices furnished and made part of this bid.
We undertake, if our bid is accepted and upon placed with a Purchase Order for
the Supply of the items approved, to commence delivery within __ (Number) days
and to complete delivery of all the surgical items as specified in the Purchase
Order within __ (Number) days calculated from the date of receipt of your valid
Purchase Orders issued time to time during the validity of the Rate Contract
period.
If our bid is accepted we will obtain the guarantee of a bank in a sum not
exceeding 10% of the Contract price for the due performance of the Contract
We agree to abide by this bid for a period of _____(Number) days from the date
fixed for bid opening under Clause 22 of the Instruction to Bidders and shall
remain binding upon us and may be accepted at any time before the expiration
of that period.
We undertake that, in competing for (and, if the award is made to us, in
executing) the above contract, we will strictly observe the laws against fraud and
corruption in India like “ The Prevention of Corruption Act 1988”
51
Until a formal contract is prepared and executed, this bid, together with your
written acceptance thereof and your notification of award shall constitute a
binding contract between us.
We understand that you are not bound to accept the lowest or any bid you may receive.
Dated this _______________ day of ______________________
Signature: ________________ (in the Capacity of) : ________________
Duly Authorized to sign bid for and on behalf of
52
Section VII (B)- Model PRICE Schedules (available on e-procurement Platform
(As per Clause 11 of Section –II)
00
53
SECTION – IX : CONTRACT FORM
(As per Clause 34 of Section –II)
1 THIS AGREEMENT made the ______________ day of ___________________
Between _________________________________ )Name of Purchaser) of
_________________________ (Country of Purchaser) (hereinafter "the purchaser") of
one part and ____________________________________________(Name of the Supplier)
of _____________________________ (City and Country of Supplier) (hereinafter "the
Supplier") of the other part.
WHEREAS the Purchaser is desirous that certain Goods and ancillary services
should be provided by the supplier, viz, ___________________________ (Brief
description of Goods and Services) and has accepted a bid by the supply of
Goods and services in the sum of ____________________________________________
(Contract price in Words and Figures) (hereinafter "the Contract Price").
NOW THIC AGREEMENT WITNESSETH AS FOLLOWS:
In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the conditions of Contract referred to:
2. The following documents shall be deemed to form and be read and
construed as part of this Agreement, viz.:
(a) The Technical and Price bid of the Supplier
(b) The approved Technical Specifications,
(c) The General Conditions of Contract,
(d) The Special Conditions of Contract, and
(e) The Purchaser's Notification of Award.
3. In consideration of the payments to be made by the purchaser to the
Supplier as hereinafter mentioned, the Supplier hereby covenants with the
Purchaser to provide the Goods and Services and to remedy defects
therein in conformity in all respects with the provision of the Contract.
54
4. The Purchaser hereby covenants to pay the Supplier in consideration of
the provision of the Goods and Services and the remedying of defects
therein, the Contract price or such other sum as may become payable
under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
Brief particulars of goods and services which shall be supplied/provided by the Supplier are as under.
SL NO. BRIEF DESCRIPTION
TO GOODS &
SERVICES
QUANTITY TO BE
SUPPLIED
UNIT
PRICE
DELIVERY TERMS
TOTAL VALUE:
DELIVERY SCHEDULE:
Period of Delivery: To complete the supply of the surgical items at the Central
Medicine Stores as per the consignee list, within 60 days from the date of receipt
of a valid Purchase Order (P.O), given time to time during the validity of the RC.
Further, the Supplier will be required to supply 50% of P.O quantity within 30
days, and balance 50% within 60 days.
IN WITNESS whereof the parties here to have caused this Agreement to be
executed in accordance with their respective laws the day and year first above
written.
Signed, Sealed and Delivered by the
Said ____________________________________________ (For the Purchaser)
in the presence of ___________________________________
Signed, sealed and Delivered by the
Said ___________________________________________ (For the supplier)
In the presence of ________________________________
55
SECTION - X : PERFORMANCE SECURITY FORM
(As per Clause 35 of Section –II)
To
The Managing Director
APMSIDC,
Managalagiri.
WHEREAS _____________________ (Name of the Supplier) hereinafter called "the
Supplier" has undertaken, in pursuance of Contract No. ___________ dated
____________ to supply ___________________ (Description of Goods and Services)
hereinafter called “the Contract".
AND WHEREAS it has been stipulated by you in the said contract that the
Supplier shall furnish you with a Bank Guarantee by a recognized bank for the
sum specified therein as security for compliance with the Supplier‟s performance
obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Supplier a Guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to
you, on behalf of the Supplier, up to a total of __________________________________
(Amount of the Guarantee in Words and Figures) and we under take to pay you,
upon your first written demand declaring the Supplier to be in default under
the Contract and without cavil or argument, any sum or sums within the limit of
_______________ (Amount of Guarantee) as aforesaid, without your needing to
prove or to show grounds or reasons for your demand or the sum specified
therein.
This guarantee is valid until the ______________ day of _________________.
Signature and seal of Guarantors
_____________________________
Date ________________________
Address_____________________
56
SECTION XI
(As per Clause 13.2(v) of Section –II)
PROFORMA FOR PAST PERFORMANCE (for a period of last three years)
Bid No. _________ Date of Opening ______________ Time ____________ Hours
Name of the Firm ____________________________________________________
-----------------------------------------------------------------------------------------------
Name of the Year No. of Units Name and full
Product manufactured/ address of the
Imported Indian Govt. Institution
To which Supplied
-----------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------
Signature of the Authorized Signatory
Name and Address:
Duly Certified by the Chartered Accountant
57
SECTION – XII
scanned copy of a notarized affidavit on Rs.100 / - non judicial
stamp paper given by the proprietor / managing partner / Managing
Director / director who is authorized by the board of directors of the
company as per the existing provisions of the companies act stating that
“ Any document submitted by the firm either in Online or
Offline for the tender ,if found to be Forged / Fabricated / Erroneous /
False , the Firm will be liable for blacklisting along with forfeiture of EMD,
if the firm is exempted from EMD the amount equivalent to the same will
be paid by the firm as penalty to APMSIDC, in addition to this the APMSIDC
can initiate legal action as per law”.
58
SECTION XIII
DECLARATION FORM
(As per Clause 19.2 of Section –IV)
We ………………………………………………………………………….. Having
Our ………………………………….. office at ……………………………. read and
understood the terms and conditions contained in the bidding documents under
this notification for bid and offer our bids unconditional, to the extent not stated
at any other part of our bid.
We hereby accept to supply the surgical items at the accepted rates quoted
by us in the Bid document or the negotiated rates for the selected item or any
matching price as proposed by the APMSIDC. If we quote a rate lower than the
rate quoted to the APMSIDC, to any other agency / State in the country during
the validity of the Rate Contract for similar size and similar quality of the item,
we will remit the differential cost to the APMSIDC.
We fully understood the Bid prices clause and its associated clauses in the
Bidding document and fully agree with the APMSIDC on these issues
unconditional and are bound to pass on the price reduction benefits to the
APMSIDC, if any, during the validity of the Contract'.
We agree to the Purchaser and Bid Inviting Authority terms in respect of
forfeiture of the Bid Security, Performance Security Deposit, actions initiated
against fraudulent and corrupt practices including blacklisting.
Signature :
Date :
Name of the Firm and address :
59
SECTION: XIV
Documents to be uploaded on e-platform as part of the Technical Bid
(a) Copy of Earnest Money Deposit
(b) Details of Processing Fee
(c) Authorization letter nominating a responsible person of the tenderer to
transact the business with the Tender Inviting Authority.
(d) Bid Form
(e) Copy of Registration Certificate (Registration as Manufacturer or
Direct Importer). The details containing the name and address of the
premises where the items quoted are actually manufactured.
(f) Attested photocopy of valid License issued by the Licensing authority for
each and every product quoted as per specification in the tender. The
license must have been duly renewed up to date and the items quoted
shall be clearly highlighted in the license.
(g) Attested photocopy of valid import license if the product is imported. The
license must have been renewed up to date. A copy of a valid license for
the sale of surgical items imported by the firms issued by the licensing
authority shall be enclosed.
(h) Declaration Form by the Bidder (Section XII)
(i) Copy of the VAT/Sales Tax Registration and Details of IT- PAN / TIN
copies (Enclose as Annexure – II)
(j) Declaration Statement agreeing for embossment of logo on Supplied
items (enclose as Annexure III)
(k) List of items quoted in duplicate (The name & code of the items quoted
alone should be furnished and the rates of those items should not be
indicated in this list) (enclose as Annexure IV)
(l) Performance statement giving the details of past performance of the bidder
on the items quoted (as per Section – XI).
(m) Annual turnover statement for last 3 financial years ((2014-15, 2015-16
and 2016-17,) certified by the Auditor.
60
(n) NCC certificate issued on or after 01-1.2017 should be submitted.
For drug related products it should be from DCA
(o) Self declaration of production capacity of each section for two
months on single shift basis for each product.
(p) Valid proof of complying with GMP with Schedule „M‟ from concerned
D.C.A. and WHO GMP by licensing authorities for importers as on
the date of tendering for drug related products.
II. Financial (Price) Bid in the format available with the e-procurement
platform
Notes to Bidders
1. Please note that the Bidder runs the risk of his bid being rejected if the bid
contains any conditions.
2. All the documents to be numbered and indexed for facilitating for proper
scrutiny. All the statements copies of the certificates, documents etc.,
enclosed to the technical bid shall be given page numbers on the right corner
of each certificate
3. The scanned documents shall be legible, failing which they will not be
considered.
4. Sign on all statements, documents, certificates uploaded owning
responsibility for their correctness / authenticity.
5. The tenderer is subjected to be black listed and the EMD forfeited if he is
found to have misled or furnished false information in the forms /
statements / certificates submitted in proof of qualification requirements or
record of performance (Please see Corrupt and Fraudulent Practices Clause)
61
Annexure I to SECTION XIV
Details of the Bidder (Manufacturer or Importer)
1 Name of the Bidder and Full Address
2 PAN Number
3 Phone Nos.
4 Fax Nos.
5 e-mail Id of the Authorized contact person
6 Date of Inception
7 Manufacturing License No. and Date if any
8 MSME registered or other
9 Issued by
10 Quality Certifications, if any
11 RTGS (Real Time Gross Settlement System) A/C No.
12 Details of Installed Capacity of the items offered
1. The Installed capacity of the individual Surgical Item to be provided for 60
days and one year separately
2.. The details of manufacturing unit shall be for the premises where items are
actually manufactured
Signature of the Authorized Signatory:
Date :
Name of the
Firm and address :
62
Annexure -III
Logogram:
A.P. GOVT.
SUPPLY
NOT FOR SALE
----------------------------------------- Surgical and Consumables