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DRAFT TENDER BOOK
TERMS AND CONDITIONS FOR PARTICPATION IN THE TENDER FOR SUPPLY OF UNANI DRUGS/ MEDICINES FROM M/s INDIAN MEDICINE PHARMACEUTICAL CORPORATION LTD. (A CENTRAL PUBLIC SECTOR UNDERTAKING), PUBLIC SECTOR UNDERTAKINGS, PHARMACIES UNDER STATE GOVERNMENT AND CO-OPERATIVES FOR GOVERNMENT UNANI DISPENSARIES / AYUSH CLINICS (Unani) IN PHCs & CHCs FUNCTIONING IN THE STATE OF ODISHA OUT OF THE FUND OF NATIONAL AYUSH MISSION( NAM)/ CENTRALLY SPONSSERED SCHEME.
DRAFT TENDER FOR THE YEAR 2018-2019.
D I RECTORATE OF AYUSH
(Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy) Department of Health & Family Welfare, Govt. of Odisha
Heads of Department Building, 3rdFloor,(Annex building), Unit-5, Bhubaneswar-751001 Tel:0674-2394577, FAX: 06742391180, Email: [email protected]
Website: www.ayushodisha.nic.in
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DI RECTORATE OF AYUSH (Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy)
Department of Health & Family Welfare, Govt. of Odisha Heads of Department Building, 3rdFloor,(Annex building), Unit-5, Bhubaneswar-751001
Tel:0674-2394577, FAX: 06742391180, Email: [email protected] : www.ayushodisha.nic.in
NOTICE INVITING BID( TENDER)
Bid Ref. No. : / DAYUSH Date:
Sub : Notice inviting tender from M/s Indian Medicines Pharmaceutical Corporation Ltd.,( A Central Public Sector Undertaking), Public Sector Undertakings, Pharmacies under State Government and Co-operatives for supply of Unani drugs/medicine to Government Unani Dispensaries/Co-located Unani Clinics in PHCs & CHCs of the State..
Director, AYUSH-cum-Mission Director-National AYUSH Mission (NAM), Odisha, Bhubaneswar on behalf of Health & Family Welfare Department, Govt. of Odisha invites sealed tender from M/s Indian Medicines Pharmaceutical Corporation Ltd.( A Central Public Sector Undertaking), Public Sector Undertaking firms, Pharmacies under State Government and Co-operatives for supply of Unani drugs/medicines for Government Unani Dispensaries/Co-located Unani Clinics in PHCs & CHCs of the State. The details of tender particulars are as under: Sl. Particulars Date and time
1. Cost of tender document and mode of payment.
Rs. 5,000/- ( Rupees five thousand) only in shape of D.D/B.C in favour of the Director AYUSH-Cum-M.D NAM, Odisha, Bhubaneswar, Payable at Bhubaneswar
2. Date & time of release of bid in the web site of the Directorate 26.02.2019
3 Date & time of Pre-bid meeting 11.03.2019 at 11.30 A.M Venue : Conference Hall, Directorate of AYUSH, Odisha, Bhubaneswar
4. Last date and time for receipt of Tender Document & mode of submission of tender document
2 7 . 0 3 . 2 0 1 9 b y 5 P . M T h e t e n d e r d o c u m e n t t o b e s u b m i t t e d t h r o u g h R e g i s t e r e d P o s t / S p e e d P o s t / C o u r i e r t o D i r e c t o r o f A Y U S H - C u m - M . D N A M Heads of Department Building, 3rdFloor,(Annex building), Unit-5, Odisha, Bhubaneswar-751001
5. Date & time of the opening of the Technical bid of the tender Dt. Dt. 28.03.2019 at 11.30A.M
6 Date & time for opening of Price Bid of tender
To be informed in due course to the qualified bidders who will be qualified in the Technical bid
The detailed of bid documents with all information relating to the instructions to the bidder, conditions of contract, schedule of requirement, specification and allied technical details such as price schedule, contract forms and other terms and conditions of the tender is available in the websites: www.ayushodisha.nic.in
The Tender Inviting Authority reserves the right to accept / reject any or all the bids without assigning any reason thereof.
Director AYUSH-Cum-Mission Director, NAM, Odisha
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INDEX
Sl. Item Page no.
1. Notice inviting bid 02
2. Check list 04 - 05
3 General Instructions to the bidders, Eligibility criteria, etc. 06-10
5. Terms and conditions of the tender 10-13
6. Opening and evaluation of Technical and Price bid 13-14
7. Letter of Intent & Performance Security 14-15
8 Execution of Purchase Order and supply conditions 15-16
9 Quality Assurance 16-17
10 Packaging and labeling 17-18
11 Mode of payment 18
12 Legal clauses 18-19
13 Annexure-I to Annexure-VII 20-26
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Check List
Documents in technical bid
1. Hard copy of the downloaded Tender Book with seal and signature of the authorized signatory in each pages of the book.
2. Covering letter to the Tender Inviting Authority with a “Certificate of acceptance” of the Terms and conditions of Tender as per Format Annexure-III of the Tender Book.
3. Documentary proof in support of being a Central / State Public Sector Undertakings (PSU)/ State
Govt. Pharmacies and Co-operatives . 4. Demand Draft/ Bankers Cheque of Rs.5,000.00(Rupees Five thousand )towards cost of Tender Bookin
the form of Demand Draft / Bankers Cheque from any Nationalized bank in India. 5. Copy of G.S.T registration and return certificate 6. Copy of PAN Card 7. Copy of IT Returns of the financial years 2015-16, 2016-17 & 2017-18 8. A certificate from a Chartered Accountant (CA) mentioning that the firm having at least an average
annual turnover of Rs 2,37,450.00 (Rupees Two Lakhs Thirty Seven Thousand and Four Hundred Fifty) only per Annum during the past three financial years(2015-16,2016-17,2017-18).
9. Annual audit report, Balance sheet and Statement of Account of the bidder of the financial years 2015-16, 2016-17 & 2017-18.
10. EMD @ 3 % of Rs 17,810/- (Rupees Seventeen Thousand Eight Hundred and Ten) only in the form of Account Payee Demand Draft / Fixed Deposit Receipt /Bankers Cheque/ Bank Guarantee from any Nationalized bank in India as per the prescribed format annexed at Annexure-V of the Tender Book.
11. An Affidavit before Executive Magistrate/Notary Public of Rs.50/- only on Non-Judicial Stamp Paper to the effect that the rate approved for each item of medicine shall remain valid for a period of one year from the date of finalization of the tender or publication of next tender by the Tender Inviting Authority for similar items whichever is earlier. However, depending on requirement, the quoted price finalized in the tender may be extended further and shall remain valid beyond one year or till floating of next tender for similar items with mutual consent between both the successful bidder (L1 bidder) and the Tender Inviting Authority.
12. An undertaking to the effect that the bidder will not offer of the item of shorter validity period of rate finalized in the tender and in case the price of the finalized rate of the item falls, than the bidder will bound to supply the medicines in the lower rate.
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13. A copy of valid Drugs manufacturing license with minimum 3 years consecutive manufacturing experience as per point 23 of instruction to the bidder at eligibility criteria.
14. A copy of valid “Good Manufacturing Practice” (GMP) Certificate for the last 3 years for Unani Medicines. 15. Copy of proof of renewal Drugs manufacturing license/Free sale certificate from licensing authority. 16. Non-Conviction Certificate obtained from the licensing authority. 17. Declaration in Rs.50.00 (Rupees fifty) in a Non-Judicial Stamp paper that the license of the firm has not
been cancelled/suspended / black listed by any State/Central/Semi Govt. agencies. 18. A copy of records/order if the license of the firm has cancelled/suspended . 19. In case the owner of the firm/company earlier was convicted for contravening the Drug & Cosmetic Act
and Rules in the past, he shall have to furnish(i) the details of it (ii)furnish a certificate from the licensing authority that the firm has been exonerated or (iii) an affidavit duly Notarized in Rs.50/- Non-Judicial Stamp Paper to that effect to be submitted.
20. Approved copy of the list of Unani medicines issued by the licensing authority for manufacturing by the firm.
21. Undertaking in the letter pad of the bidder to the effect that it is the responsibility of the bidder for any damage arising because of delay in supply, non-supply and supply of poor quality.
22. Proof of the past experience in supply of Unani medicines to different State/ Central Govt. Agencies/Institutions etc.
Documents in Financial bid
1. Price schedule as per Annexure –IV of the Tender book.
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General Instructions to Bidders & eligibility criteria
1.Director of AYUSH-Cum-Mission Director-NAM, Odisha, Bhubaneswar is the Bid / Tender Inviting Authority who on behalf of the Government in Health & Family Welfare Department of Govt. of Odisha intends to procure Unani drugs/medicines for the Govt. Unani Dispensaries/AYUSH Clinics(Unani) in PHCs & CHCs of the State of Odisha during the financial year, 2018-19 and invites bids from the following Unani manufacturing units as mentioned at Point No.2.
2.M/s Indian Medicines Pharmaceutical Corporation Ltd.(A Central Public Sector Undertaking), reputed Public Sector Undertakings, Pharmacies under State Government and Co-operatives having valid Unani drug manufacturing license with own manufacturing units and having Good Manufacturing Practices (GMP) compliance for the last three years issued under the respective schedule of the Drugs & Cosmetic Act, 1940 and rules there under in force can only participate in the tender. No other bidder other than the above are eligible to participate in the bidding process.
3. Approximate quantity of Unani medicine to be procured through this tender and different supply destinations to whom the medicines will be supplied by the successful bidder has been reflected at Annexure-I and destinations points at Annexure –II respectively.
4.The intending bidder are required to download the bid from the website www.ayushodisha.nic.in of the
Directorate of AYUSH Odisha, Bhubaneswar , undertake necessary preparatory work and submit a hard copy of it and other documents with dated signature and seal of the authorized signatory in each & every page in the manner as mentioned in undergoing paras. The Tender should be submitted in the following address by Speed Post / Registered Post / Courier only before the closing date and time
for receipt of the bid, i.e 27.03.2019 by 5 P.M
D i rec t o r o f AYUSH-Cum-M iss i on D i rec to r , NAM, Od i sha Heads of Department Building, 3rdFloor,(Annex building), Unit-5, Bhubaneswar, Odisha, Pin-751001
Tel:0674-2394577, FAX: 0674-2391180.
Any tender received beyond the scheduled date and time will not be entertained and will be returned un opened to the sender by Regd. Post/Speed post .
5. The intending bidders are advised to visit the website www.ayushodisha.nic.in regularly to check for any amendment/corrigendum made subsequently in the tender document in order to avoid any lapses on their part prior to submission of tender. The Tender Inviting Authority shall
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in no case be held responsible for any such lapses /delay /omission on the part of the bidder while submitting the bid documents.
6. The bidder should submit a Forwarding letter to the Tender Inviting Authority with a “Certificate of acceptance” of the Terms and conditions of Tender as per Format Annexure-III of the Tender Book.
7. The bidder shall have to submit proof of being a Central / State PSU / Co-operative. 8. The bidder has to submit the cost of bid document of Rs.5,000/-(Rupees Five Thousand only) in
shape of Demand Draft/ Banker’s Cheque in favour of Director AYUSH-cum-Mission Director-NAM, Odisha, payable at Bhubaneswar in the Technical bid and non-submission of Bid Document Cost shall be one of the primary reasons for rejection of the offer in the first round of bidding process.
9. The bidder should have to submit the G.S.T Registration Certificate & G.S.T return of the firm in the Technical bid.
10. The bidder should have to submit the copy of PAN Card 11. The bidder should have to submit the copy of Income Tax return for the last three years i.e 2015-
16, 2016-17 & 2017-18 12. The bidders should have an average Annual Turnover for Rs 2,37,450.00 (Rupees Two Lakhs
Thirty Seven Thousand and Four Hundred Fifty) only per Annum for last three financial years i.e 2015-16, 2016-17 & 2017-18. Necessary certificate in this regard from a Chartered Accountant should be submitted by the bidder in the Technical bid of the tender.
13. The bidder should furnish the Annual Audit Report with balance sheet, Statement of Profit and Loss Account of the firm for the last three years i.e 2015-16, 2016-17 & 2017-18
14. The bidder has to submit bid security as Earnest Money Deposit ( E.M.D) amounting to Rs 17,810/- (Rupees Seventeen Thousand Eight Hundred and Ten) only in shape of Account Payee Demand Draft /Fixed Deposit Receipt /Banker’s Cheque/ Bank Guarantee from any Nationalized bank in India as per the prescribed format annexed at Annexure-V in favour of Director AYUSH-cum-Mission Director-NAM, Odisha, payable at Bhubaneswar in the Technical bid .
15. There will be a Pre-Bid meeting as per the scheduled date and time in the conference hall of the Directorate of AYUSH, Odisha, Bhubaneswar, which the intending bidders / authorized representative of the firms/bidders are advised to attend.
i) Pre-bid meeting will be convened as per the schedule to clarify the doubts of the prospective bidders and submission of suggestions, if any. The Tender Inviting Authority may or may not
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amend the terms and conditions as well as technical specifications of the bid document on the basis of feedback obtained during such meeting.
ii) Bidders are required to submit their queries and suggestions at least 48 hours before the date of pre-bid meeting in the email address [email protected]
iii) Response to Pre-bid queries and amendments, to the bid terms and conditions, if any shall be uploaded in the website of the Directorate of AYUSH www.ayushodisha.nic.in.
iv) The Pre-bid meeting is an opportunity for the prospective bidders to obtain all the details about the Bid items, conditions governing the bids and necessary clarification on the Bid document. Failure to attend the Pre-bid meeting will not be a disqualification, but a loss of opportunity for the prospective bidders to understand about the terms and conditions of the bid.
16. Two bid system of tendering shall be followed inviting Technical and Financial bid separately from the bidders and evaluation of the bids will be done separately. The bidders who qualify in the Technical bid shall be considered for opening and evaluation of financial bid.
17. The Technical bid & the Financial bid should be sealed by the bidder in separate cover and duly super scribed as the “ Technical bid “ & “Financial bid" respectively and both these sealed covers are to be put in a bigger cover which should also be sealed and duly super scribed on the top of the outside cover as :TENDER DOCUMENTS FOR SUPPLY OF UNANI DRUGS/MEDICINES OUT OF THE FUND OF NATIONAL AYUSH MISSION FOR THE YEAR 2018-19 BY PSUs/CO-OPERATIVES, ETC. BID REF. NO.2490/DAYUSH dt.25.02.2019
18. The name and address of the bidder should be written on the bottom of the left side of the outer
cover. 19. The successful bidders have to submit Performance Security Deposit @ 10% of the total
Purchase Order Value. 20. The successful bidder shall furnish an affidavit before the Executive Magistrate /Notary Public of
Rs.50/- (Rupees fifty ) only on Non-Judicial stamp paper to the Tender Inviting Authority to the effect that that the rate approved for each item of medicine shall remain valid for a period of one year from the date of finalization of tender in SLPC/DLPC as the case may be or floating of next tender by the Tender Inviting Authority for the similar items whichever is earlier.
21. However, depending on requirement, the quoted price finalized in the tender may be extended further and shall remain valid beyond one year or till floating of next tender for similar items with mutual consent between both the successful bidder (L1 bidder) and the Tender Inviting Authority.
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22. No offer of shorter validity period of rate finalized in the tender shall be considered. However, in the event of fall in price of the drugs, the supplier shall be bound to supply the drugs in the lower rate. An undertaking in this regard is required to be submitted by the bidders along with the Technical Bid of the tender document.
23. The bidder must have valid Drug License with minimum three years consecutive manufacturing experience for the Unani medicines mentioned in the Tender at Annexure-I of the tender Book. Relevant documents shall be submitted in the Technical bid of the tender.
24. The bidder must have valid Good Manufacturing Practice (G.M.P)Certificate for the last three years of the appropriate authority. Relevant document must be submitted in the Technical bid of the tender.
25. The Unani drugs /medicine manufacturing license and GMP compliance of the bidder should be valid at the time of the tender and should continue throughout the period of tender and till completion of all formalities laid down in the tender conditions. If the license expires during the process of tender, proof of renewal from the Licensing Authority/ Free Sale Certificate is mandatory and documents in that regard is to be submitted in the Technical bid of the tender.
26. The bidder should have own manufacturing unit/s, the proof of which be submitted in the Technical Bid.
27. The loan license manufacturers are not permitted to participate in the tender. 28. The manufacturing unit / company who are convicted / black listed / debarred / defaulter for any
items of Unani Drugs/medicine ordered either by the Tender Inviting Authority or by any State Government / Central Government / State Government agencies, etc. shall not be eligible to participate in the tender.
29. If the owner of a firm / company who has / have been convicted for contravening the Drugs &Cosmetic Act and Rules there under in the past, he shall have to furnish details of it and also have to furnish a certificate from the Licensing Authority that now the firm / company have been exonerated or an affidavit to that effect in Rs.50/- Non-Judicial Stamp Paper duly notarized shall have to be submitted by the firm / company in the Technical bid of the tender document.
30. The manufacturing unit / company participating in the tender shall produce non – conviction certificate issued by the Drugs Controller / Licensing Authority in the Technical bid of the tender.
31. If the manufacturing license of the firm / company were suspended or cancelled in the past, the detail documents in that regard have to be furnished in the Technical bid of the tender & if not, the bidder shall have to submit a declaration in Rs. 50/- (Rupees fifty) only in Non-Judicial stamp paper that the license of the firm has not been cancelled or suspended or black listed by any State /Central Government/ Semi Government agencies.
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32. The bidder should submit approved copy of the list of Unani medicines issued by the licensing authority for manufacture.
33. The bidder has to submit an undertaking in the letter head of the bidder to the effect that it is the responsibilities of the bidder for any damage arising because of delay in supply, non-supply and supply of poor quality.
34. The bidder should submit proof of past experience in supply of Unani medicines to different State/ Central Government agencies/institutions, etc.
35. The Tender Inviting Authority reserves the right to inspect or cause to inspect the manufacturing unit/s of the bidders to ascertain the manufacturing of the quoted items or Good Manufacturing Practice of the bidders.
TERMS AND CONDITIONS OF TENDER WITH SCHEDULE OF REQUIREMENT
1. Earnest Money Deposit
a) The bidder has to submit Earnest Money Deposit ( E.M.D) @ 3 % ( Three percent )amounting to Rs 17,810/- (Rupees Seventeen Thousand Eight Hundred and Ten) only in shape of Account Payee Demand Draft /Fixed Deposit Receipt /Banker’s Cheque/ Bank Guarantee from any Nationalized bank in India as per the prescribed format at Annexure-V in favour of Director AYUSH-cum-Mission Director, NAM, Odisha, payable at Bhubaneswar.
b) Earnest Money Deposit (EMD) of unsuccessful bidders shall be returned to them at the earliest after expiry of final bid validity period and latest by the 30th day after award of contract.
c) The EMD of the successful bidder will be returned upon the bidders signing the contract and furnishing the required Performance Security.
d) No interest will be paid for the EMD security. e) The EMD will be forfeited in the following cases:
• Misrepresents facts or submit fabricated / forged / tampered / altered / manipulated documents during verification of bidding process.
• Withdraws its bid after the opening of technical bid;
• A successful bidder, fails to sign the contract after issuance of Letter of Intent
• Fails to furnish Performance Security after issuance of Letter of Intent.
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2. Technical Bid The bidder shall submit the Technical bid in a separate envelop super-scribed as “Technical bid". The
list of documents as a part of the Technical Bid is mentioned below and should be arranged in the following order.
i. Hard copy of the downloaded Tender Book with seal and signature of the authorized signatory in each pages of the book.
ii. Covering letter to the Tender Inviting Authority with a “Certificate of acceptance” of the Terms and conditions of Tender as per Format Annexure-III of the Tender Book.
iii. Documentary proof in support of being a Central / State Public Sector Undertakings (PSU)/State
Govt. Pharmacies and Co-operatives . iv. Demand Draft/Bankers Cheque of Rs.5,000.00(Rupees Five thousand )towards cost of Tender
Bookin the form of Demand Draft / Bankers Cheque from any Nationalized bank in India. v. Copy of G.S.T registration and return certificate vi. Copy of PAN Card vii. Copy of IT Returns of the financial years 2015-16, 2016-17 & 2017-18 viii. A certificate from a Chartered Accountant (CA) mentioning that the firm having at least an average
annual turnover of Rs 2,37,450.00 (Rupees Two Lakhs Thirty Seven Thousand and Four Hundred Fifty) only per Annum during the past three financial years(2015-16,2016-17,2017-18).
ix. Annual audit report, Balance sheet and Statement of Account of the bidder of the financial years 2015-16, 2016-17 & 2017-18.
x. EMD of Rs 17,810/- (Rupees Seventeen Thousand Eight Hundred and Ten) only in the form of Account Payee Demand Draft / Fixed Deposit Receipt /Bankers Cheque/ Bank Guarantee from any Nationalized bank in India as per the prescribed format annexed at Annexure-V of the Tender Book.
xi. An Affidavit before Executive Magistrate/Notary Public of Rs.50/- only on Non-Judicial Stamp Paper to the effect that the rate approved for each item of medicine shall remain valid for a period of one year from the date of finalization of the tender or publication of next tender by the Tender Inviting Authority for similar items whichever is earlier. However, depending on requirement, the quoted price finalized in the tender may be extended further and shall remain valid beyond one year or till floating of next tender for similar items with mutual consent between both the successful bidder (L1 bidder) and the Tender Inviting Authority.
xii. An undertaking to the effect that the bidder will not offer of the item of shorter validity period of rate finalized in the tender and in case the price of the finalized rate of the item falls, than the bidder will
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bound to supply the medicines in the lower rate. xiii. A copy of valid Drugs manufacturing license . xiv. A copy of valid “Good Manufacturing Practice” (GMP) Certificate for the last 3 years for Unani
Medicines. xv. Copy of proof of renewal Drugs manufacturing license/Free sale certificate from licensing authority. xvi. Non-Conviction Certificate obtained from the licensing authority. xvii. Declaration in Rs.50.00 (Rupees fifty) in a Non-Judicial Stamp paper that the license of the firm has
not been cancelled/suspended / black listed by any State/Central/Semi Govt. agencies. xviii. A copy of records/order if the license of the firm has cancelled/suspended . xix. In case the owner of the firm/company earlier was convicted for contravening the Drug & Cosmetic
Act and Rules in the past, he shall have to furnish(i) the details of it (ii)furnish a certificate from the licensing authority that the firm has been exonerated or (iii) an affidavit duly Notarized in Rs.50/- Non-Judicial Stamp Paper to that effect to be submitted.
xx. Approved copy of the list of Unani medicines issued by the licensing authority for manufacturing by the firm.
xxi. Undertaking in the letter pad of the bidder to the effect that it is the responsibility of the bidder for any damage arising because of delay in supply, non-supply and supply of poor quality.
xxii. Proof of the past experience in supply of Unani medicines to different State/ Central Govt. Agencies/Institutions etc.
3. Financial BId i. The financial bid be submitted in a separate sealed envelope super - scribed as “Financial bid".
All the papers in the document should be signed by the authorized signatory of the firm with his office seal.
ii. The rates of the drugs / medicines to be quoted‘ on the base price per unit on each dispensing pack size’ as per Annexure-IV appended to the tender paper.
iii. All prices should be quoted in Indian Rupees only and the price can be mentioned only up to two digits after decimal Point. Further, the price should be quoted both in figure and words in English language only. In case of discrepancy between the price quoted in figure and the words, the amount quoted in words will be taken into consideration as the price quoted for that item.
iv. All prices should be inclusive of all taxes/accessories including packing, insurance. Freight/ transportation charges and duties payable during the contract period. All prices will be including delivery services (unloading and uploading) till FOR destination points. The percentage of GST should be shown separately as indicated in Annexure –IV.
v. The price to be quoted against each items of the Financial bid should be clear, computer typed
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and no over writing shall be accepted. Further, all the pages of the Price bid document shall be signed by the authorized signatory of the bidder with official seal.
vi. The price once quoted shall not be changed during the validity of the tender. 4. Mode of submission of Technical bid and Price bid.
The Technical bid & the Financial bid should be sealed by the bidder in separate covers and duly super scribed as the “ Technical bid “ & “Financial bid" respectively and both these sealed covers are to be put in a bigger cover which should also be sealed and duly super scribed on the top of the outside cover as :TENDER DOCUMENTS FOR SUPPLY OF UNANI
DRUGS/MEDICINES OUT OF THE FUND OF NATIONAL AYUSH MISSION FOR THE YEAR 2018-19 BY PSUs/CO-OPERATIVES, ETC. BID REF. NO.2490, dt.25.02.2019.
The name and address of the bidder should be written on the left bottom of the side of the outer cover.
5. Opening and Evaluation of the Technical Bid i. Opening of the Technical bid shall be made by a committee constituted for the purpose in the presence
of the bidder himself or his authorized representative in the Conference Hall of the Directorate of AYUSH-cum-M.D NAM, Odisha, Heads of Department (Annex Building), 3rd. Floor, Bhubaneswar-751001 on the scheduled date and time as mentioned in the tender. The authorized representative will have to produce the authorization letter of the concerned firm to the Chairman of the Committee at the time of attending the meeting. The absence of the bidder / authorized agent will not debar the committee to open and evaluate the Technical Bid on the schedule date and time.
ii. The Committee will examine the documents and other allied matters as per terms and conditions stipulated in the guidelines as well as in the tender and will segregate bidders into eligible and non - eligible category.
iii. The qualifying bidders in the Technical bid evaluation shall be informed in advance before opening of the price bid.
iv. In the event of the specified date for opening of bid being declared holiday, the Bid shall be opened at the appointed time and venue on the next working day.
v. The date and time of the Price Bid meeting will be announced only after the opening of the Technical Bid & Technical Evaluation.
6, Opening and Evaluation of the Price Bid i. Opening of the price bid shall be made by the committee constituted for the purpose in respect of
only for those firms who qualify in the detailed scrutiny and evaluation of the Technical bids.
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ii. The Committee for scrutiny of tender documents will evaluate the price bid of the successful bidders and also prepare the Price Comparative statement and select the L1 bidder for each item of medicine and to place it before Tender Inviting Authority.
iii. The absence of the bidder / authorized agent in the said occasion will not debar on the part of the committee to open and evaluate the Financial Bid on the schedule date and time.
iv. In case of a discrepancy arises between the price quoted in figure and the words, the committee will accept the amount quoted in words as the price of the bidder for that particular item (s) at the time of comparison.
7. Finalization of Tender, Notification of Award of Contract and Letter of Intent(LOI). i. The State Level Purchase Committee or the Directorate Level Purchase Committee, as the case may
be will finalize the tender process on the basis of the recommendation of the Committee for scrutiny of tender documents.
ii. The Tender Inviting Authority on the basis of the finalization of the L1 bidder will notify the successful bidder in writing by registered / speed post or by email that its bid for the items, which has been accepted by the SLPC/DLPC as the case may be. This notification will be undertaken by issuing a Letter of Intent (LOI) by the Tender Inviting Authority.
iii. The successful bidder(s), upon receipt of the LOI, shall deposit the prescribed Performance Security within 15 days and have to submit an agreement inRs.100/- Non-Judicial stamp paper failing which the EMD will be forfeited and the award will be cancelled. The format of the agreement is enclosed at
Annexure-vii, iv. The successful bidder shall furnish an undertaking that the rate approved for each item of medicine
shall remain valid for a period of one year from the date of finalization of tender in SLPC/DLPC as the case may be or floating of next tender by the Tender Inviting Authority for the similar items whichever is earlier.
v. However, depending on requirement with mutual consensus between both the successful bidder(L1) bidder and the Tender Inviting Authority, the quoted price finalized in the tender may be extended further and will remain valid for further procurement of similar items by Tender Inviting Authority beyond one year or till floating.
vi. No offer of shorter validity period of rate finalized shall be considered. However, in the event of fall in price of the drugs, the supplier shall be bound to supply the drugs in the lower rate. An undertaking in this regard is required to be submitted by the bidders along with the Technical Bid of the tender document.
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8.Performance Security:
i) Performance Security @ 10% of Purchase Order value to be deposited in favour of Director AYUSH-cum-Mission Director-NAM, Odisha payable at Bhubaneswar. Performance Security shall be accepted in the form of Account Payee Demand Draft / Fixed Deposit Receipt / Bank Guarantee from any
Nationalized bank in India as per the prescribed format annexed at Annexure--vi ii) The successful bidder shall deposit the Performance Security and execute the Contract with the
Tender Inviting Authority within 15 days from the date of issue of Letter of Intent iii) Failure of the successful bidder in providing Performance Security within the scheduled date shall
make the bidder liable for forfeiture of its EMD. iv) The Performance Security shall remain valid for a period of 60 days beyond the date of completion of
all contractual obligations of the supplier including warranty obligations. v) The Performance Security shall be returned to the bidder after completion of all the contractual
obligations without interest. 9. Execution of Purchase Order and supply conditions
i) The successful Bidder shall not assign either in whole or in part, its contractual duties, responsibilities and obligations to any other party to perform the contract on his behalf.
ii) The successful bidder shall not sub-contract the execution of the contract in any manner. iii) Soon after submission of Performance Security and contract agreement and the Tender Inviting
Authority will place Purchase Order to the respective successful bidder. iv) The bidder should start supply immediately to the respective supply destination/s of the State,the
list of which is annexed at Annexure –II. The exact quantity of medicine of each unit with destination, etc. will be mentioned in the Purchase Order.
v) The supplier will be allowed a maximum period of 90 days from the date of issue of Purchase Order to complete supply of all the indented items to the respective consignees. Thereafter, a maximum period of one month may be allowed for extension on written request with penalty of 0.5% per week or part thereof for the delayed supply and will be charged as Liquidated Damage up to a maximum of 5% on supplied value of particular supply destination and will be deducted from the payment.
vi) The supplying agency shall supply the medicines directly to the destinations as per indent placed in the Purchase Order with copy(s) of the Challan (in triplicate) along with batch wise testing reports from any Approved Drug Testing Laboratory / NABL Accredited Drug Testing Laboratory approved under Rule 160 A-J of the D&C Rules 1945. Copies of all those testing
16
reports shall also have to be submitted simultaneously to the Tender Inviting Authority for verification and record.
vii) The date of manufacture, the date of expiry of each batch of medicine shall be specified as per explained at Point NO.11 of the Terms and Conditions of Tender. The quantity supplied shall be in terms of the units mentioned in the Tender Document. The suppliers are cautioned that the variation in the description of product in the Invoice/ Analysis report and actual supplies will be considered as improper invoicing and will be dealt with accordingly.
viii. If the supplier fails to complete the supply within the extended period, i.e. within the period of Liquidated Damage, no further Purchase Order in respect of those items will be placed to the firm and the concerned firm will be blacklisted for subsequent 2 (two) financial years for that product only. In such case, the L2 firm will be invited for a negotiation for those product by a Committee. The report of the Committee will be placed before the DLPC/SLPC as the case may be for approval.
ix. The Tender Inviting Authority reserves the right to increase or decrease the quantity of medicines in the Purchase Order without any change in the unit price and other terms and conditions of the tender.
x. The Consignment of supply of medicine should be insured by the supplier for any transit loss. xi. The supplier shall also be responsible for short delivery and breakage during the transit.
xii. The Shelf Life of each medicine supplied should be as per the Drugs & Cosmetic Act, 1940 and Rules thereunder in force.
xiii. At least 5/6thof Shelf Life must be remaining on the date of delivery of the medicines. xiv. The Purchase Order for supply of drugs may be issued in a phased manner depending on
requirement of the Tender Inviting Authority.
10. Quality Assurance i. The supply of each drug / consumable must be in minimum batches and consumption of the items
will start only after Quality Clearance of the supplied items. ii. The batch wise quality testing report from an approved laboratory or any state recognized drug testing
laboratory, NABL accredited laboratory approved under Rule 160-A-J of the Drugs and Cosmetic Rules 1945 should be submitted by the supplier to the consignee along with the consignment of medicines. However, the requirement of limits of heavy metal for plant based ASU drugs as given in API volumes is mandatory but these tests are not required for Rasaushadhis as Minerals and metals which are the ingredients of such type of formulations, the heavy metals are in-built in these ingredients. Permissible limit of those heave metals (Mercury, Arsenic, Lead) are not applicable to all
17
such classical / generic Ayurvedic, Siddha, Unani formulations as defined in Section 3 (a) of Drugs and Cosmetics Act, 1940, where particular heavy metals are used as ingredients or in the processing of the formulations. It is clarified that permissible limits of those heavy metals will be applicable to the formulations for which the particular heavy metals are not used as ingredients or in the processing of the formulations.
iii. The samples of the supplied medicines shall be tested in the Government Approved laboratories/ SDTL/ any NABL accredited laboratory approved under Rule 160 A-J of the D&C Rules 1945.
iv. During statutory random sampling and on receipt of complaint from any source regarding quality of the medicines, testing of the drugs shall be undertaken in Government Approved Laboratory as per the provisions of the Drugs and Cosmetic Act 1940 & Rules made there under.
v. If any supplied drugs fails to meet the standard quality in testing/ analysis or on inspection by the competent authority, the firm shall be liable to replace the entire quantity of the drugs by the date to be fixed by the Tender Inviting Authority along with testing report observing all other terms and conditions of tender. In case, the said firm fails to replace whole quantity of drugs of the concerned batch, that will be treated as non-supply of drugs and the firm shall be liable to be penalized as per Point –Viii of Clause 9 of this tender paper i.e Execution of purchase order and supply condition.
11.Packaging and Labeling : i) The manner of labeling, standard of packing, sealing etc. indicating the self-life should be done
strictly as per Drugs & Cosmetics Act, 1940 & rules framed there under for the Unani drugs supplied as per purchase order
ii) All the packaging should be new. The supplier shall provide such packaging of the goods as is required to prevent their damage or deterioration during transit to their final destination and storage. The packaging shall be such that the medicines can withstand rough handling during transit and exposure to extreme temperature, salt and precipitation during transit and storage. All primary packaging containers, which come in contract with the drug content, should strictly protect the quality and integrity of the drugs.
iii) The packaging cartons must bear the name of the items, strength, total quantity, total weight, name of the manufacturer, Manufacturing License No, month of manufacturing and month of expiry as per the existing provisions of Drugs & Cosmetics Act & Rules.
a) Each Strip / Box / Carton / Bottle shall bear the seal of the manufacturer and Manufacturing License No, month of manufacturing, month of expiry, Batch No. and labeling of “ODISHA GOVT. SUPPLY - NOT FOR SALE” (in Bold. Capital letters and in Red colour).
b) Labeling and packing of medicines and medical consumables should be as per specification laid down under D&C Act, 1940 and Rules made there under and amended up to date.
18
c) The manner of labeling, standard of packing, sealing etc. indicating the self-life should be done strictly as per Drugs & Cosmetics Act, 1940 & rules framed there under for the Unani drugs supplied as per purchase order. The words “FOR EXTERNAL USE ONLY“ to be imprinted on the label it the medicine is for external application.
12.Mode of payment: i. No advance payments towards cost of items will be made to the bidder. Payments shall
be made by the Director AYUSH-cum-NAM, Odisha, Bhubaneswar only after receipt of quality clearance and Stock Entry certificate from the supply destinations.
ii. The original invoice submitted shall be in the name of the Tender Inviting Authority and the name of the consignee shall be mentioned in it.
iii. Where there is a statutory requirement for tax deduction at source, such deduction towards Income Tax /GST and other taxes as applicable will be made from the bills payable to the successful bidder at rates as notified from time to time.
iv. The supplier will provide the bank details as required in the prescribed format which will be provided with Purchase Order. The payment will be released to the Bank account of the supplier provided by him and no other mode of payment will be entertained
13. Corrupt or Fraudulent practice:
i) No bidder shall contact the Tender Inviting Authority or any of its officers or any officers of the Government on any matter relating to its bid, other than communications for clarifications and requirements under this bid in writing, with an intention to influence the members of various committees or officials of Tender Inviting Authority. Any such effort by a bidder to influence the Tender Inviting Authority in the Tender Inviting Authority’s bid evaluation committee, bid comparison or contract award decisions may result in rejection of the bid.
14. Force Majeure
i) For purposes of this clause, Force Majeure means an event beyond the control of the successful bidder and not involving the successful bidder’s fault or negligence and which is not foreseeable and not brought about at the instance of , the party claiming to be affected by such event and which has caused the non – performance or delay in performance. Such events may include, but are not restricted to, acts of the Tender Inviting Authority either in its sovereign or contractual capacity, wars or revolutions, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions,
19
epidemics, quarantine restrictions, strikes excluding by its employees , lockouts excluding by its management and freight embargoes.
ii) If a force majeure situation arises, the Tender Inviting authority is no way responsible for such situation and the successful bidder shall continue to perform its obligations under the contract.
15. Penalties:
If any information or documents furnished by the tenderer in the tender paper/during procurement process are found to be misleading or incorrect at any stage, the tender of the relevant items or whole tender of the tenderer shall be cancelled and the concerned firm shall be black listed for participating in tender for at least subsequent 2 tender of similar nature in coming years.
16. Resolution of dispute:
i) Any dispute arising out of the tender process will be brought to the notice of Government in Health & F.W. Department and decision of the State Government in this regard shall be final and binding.
ii. Further, if any legal complicacy arises, that shall be under the jurisdiction of the Hon’ble High Court of Odisha.
Director AYUSH-Cum-M.D-NAM, Odisha
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Annexure -I List of Unani Medicines with approximate quantity for procurement out of NAM funds in the Year 2018-19 from Government of India PSUs/ Pharmacies under State Government/ Co-operatives [for
Dispensaries / Co-located AYUSH Clinics (Unani)] Tender reference no. …………. Dt……………….
Sl. No.
Drug Code Name of Medicine Reference
Text Dispensing Pack Size Specification / Strength Approx. Quantity
Required in nos.
1 2 3 4 5 6 7
1 U01001 Arq-e-Ajeeb NFUM-I 05ml PET Bottle Oral Liquid 400
2 U01002 Arq-e-Ajwayin NFUM -I 200ml PET Bottle Oral Liquid 210
3 U02023 Habb-e- Mussafi-e- Khoon NFUM-III 30 pills container 250 mg pills 490
4 U02005 Habb-e- BawaseerDamiya NFUM-I 30 pills container 250 mg pills 400
5 U02029 Habb-e- Suranjan NFUM-I 30 pills container 1 gm pills 920
6 U02001 Habb-e-Asgand NFUM-V 30 pills container 500 mg pills 800
7 U02008 Habb-e-Hilteet NFUM-I 30 pills container 500 mg pills 920
8 U02015 Habb-e-KabidNaushadri NFUM-I 30 pills container 500 mg pills 920
9 U02024 Habb-e-Pechish NFUM-I 30 pills container 125 mg pills 800
10 U02030 Habb-e-Surfa NFUM-I 30 pills container 125 mg pills 800
11 U05009 Itrifal-e-Shahtra NFUM-I 100 gms container Semisolid paste 250
12 U05011 Itrifal-e-Zamani NFUM-I 100 gms container Semisolid paste 200
13 U06005 Jawarish-e- Jalinoos NFUM-I 100 gms container Semisolid paste 240
14 U06006 Jawarish-e- Kamooni NFUM-I 100 gms container Semisolid paste 230
15 U04004 Kushta-e- Gaodanti NFUM-I 10 gms container 60 mg pills (166 pills per
container) 490
16 U10024 Majoon-e- Supari Pak NFUM-I 100 gms container Semisolid paste 240
17 U13012 Raughan-e- Surkh NFUM-I 50ml PET Bottle Q.s for external use 600
18 U15004 Sharbat-e- BuzooriMotadil NFUM-I 200 ml PET Bottle Oral Liquid 250
19 U15011 Sharbat-e-Sadar NFUM-I 200 ml PET Bottle Oral Liquid 330
21
Annexure-II
LIST OF SUPPLY DESTINATIONS OF UNANI MEDICINES FOR THE DISPENSARIES,CO- LOCATED
UNANI PHCs & CHCs
Tender Reference No……………………. dt.
Sl. No.
Supply destination points
01 District Ayurvedic Medical Officer Balasore, At/Po-Naya Bazar(Behind Supply Office), Dist-Balasore,Pin-756001
02 District Ayurvedic Medical Officer, Eastern Circle, Bhubaneswar, Old Hospital Building, Unit-IV, Po-Madhusudan Nagar, Dist-Khordha
03 District Ayurvedic Medical Officer, Cuttack Circle, Cuttack, At-Roxy Hotel Lane, Badambadi, Po-Talatelenga Bazar, Dist-Cuttack
22
Annexure-III
SPECIMEN COPY
Render Reference NO.----------------------------dt. COVERING LETTER
From:
M/s……………………………….. …………………………………… To
The Director of AYUSH-cum-Mission Director, National AYUSH Mission,NAM, ODISHA, Bhubaneswar
Subject: Submission of tender for supply of Unani drugs/ medicines out of the fund of National AYUSH Mission(NAM) during the year 2018-19.
Sir,
1. I do hereby offer to supply the drugs as indicated in the Tender at Annexure-I out of the fund of National AYUSH Mission to Govt. of ODISHA.
2. I understood the tender Instructions, terms and Conditions laid down in the Tender Ref. No.----------------------- dt.---------------------- and accept the same.
3. I am fully aware of the nature of medicines required and as to supply medicines strictly in accordance with the requirement.
4. I agree to supply in accordance with the specifications given in the tender. 5. I enclosed herewith tender papers duly filled & signed with my designated seal. 6. I agree to supply the medicines in the approved rate & execute purchase order placed by
your good office within the stipulated period and time laid down in tender.
Yours faithfully,
Witness:-
(Signature of Tenderer)
Signature of witness Name in Block letters
Full Name: Designation and seal
Address:
Address :
Date:
Note: -please attach additional sheets if space left for filling the column is not sufficient.
23
Annexure - IV Price Bid of Unani Medicines for Year 2018-19 for Dispensaries / Co-located AYUSH
Clinics(Unani) Tender reference no. …………. Dt……………….
Sl. No.
Drug Code Name of Medicine Reference
Text Dispensing Pack
Size Specification /
Strength
Quoted base
price in Rs.
Numericals
Quoted base
price in words
CGST percentage (%)
SGST percenta
ge (%)
1 2 3 4 5 6 8 9 10 11
1 U01001 Arq-e-Ajeeb NFUM-I 05ml PET Bottle Oral Liquid
2 U01002 Arq-e-Ajwayin NFUM -I 200ml PET Bottle Oral Liquid
3 U02023 Habb-e- Mussafi-e- Khoon NFUM-III 30 pills container 250 mg pills
4 U02005 Habb-e- BawaseerDamiya NFUM-I 30 pills container 250 mg pills
5 U02029 Habb-e- Suranjan NFUM-I 30 pills container 1 gm pills
6 U02001 Habb-e-Asgand NFUM-V 30 pills container 500 mg pills
7 U02008 Habb-e-Hilteet NFUM-I 30 pills container 500 mg pills
8 U02015 Habb-e-KabidNaushadri NFUM-I 30 pills container 500 mg pills
9 U02024 Habb-e-Pechish NFUM-I 30 pills container 125 mg pills
10 U02030 Habb-e-Surfa NFUM-I 30 pills container 125 mg pills
11 U05009 Itrifal-e-Shahtra NFUM-I 100 gms container Semisolid paste
12 U05011 Itrifal-e-Zamani NFUM-I 100 gms container Semisolid paste
13 U06005 Jawarish-e- Jalinoos NFUM-I 100 gms container Semisolid paste
14 U06006 Jawarish-e- Kamooni NFUM-I 100 gms container Semisolid paste
15 U04004 Kushta-e- Gaodanti NFUM-I 10 gms container 60 mg pills (166
pills per container)
16 U10024 Majoon-e- Supari Pak NFUM-I 100 gms container Semisolid paste
17 U13012 Raughan-e- Surkh NFUM-I 50ml PET Bottle Q.s for external use
18 U15004 Sharbat-e- BuzooriMotadil NFUM-I 200 ml PET Bottle Oral Liquid
19 U15011 Sharbat-e-Sadar NFUM-I 200 ml PET Bottle Oral Liquid
24
Annexure -V
Tender Reference No.---------------------------------------------.dt.------------------------
Model Bank Guarantee Format for furnishing EMD [Ref. Para 21]
To The Director of AYUSH-cum-Mission Director, National AYUSH Mission, NAM, ODISHA, Bhubaneswar
Whereas……………………………………………………………………………..
(hereinafter called the “tenderer”) has submitted their offer dated………………… for the supply of …………………………. (hereinafter called “the “tender”) against the purchase’s tender Reference No…………………………
KNOW ALL MEN by these presents that WE…………………………. of ……………………………having our registered office at ……………………………………………… are bound unto……………………………………. (hereinafter called the “ Purchase”) in the sum of………………………….. for which payment will and truly to be made to the said Purchase, the Bank binds itself, its successors and assigns by these presents.
Sealed with the
Common Seal of the Bank this……………………. day of………………20…….
THE CONDITIONS OF THIS OBLIGATION ARE:
(1) If the tenderer withdraws or amends, impairs or derogates from the tender in any respect within the period of validity of this tender.
(2) If the tenderer having been notified of the acceptance of his tender by the Purchase during the period of its validity:-
a) If the tenderer fails to furnish the Performance Security for the due performance of the contract.
b) Fails or refuses to accept/execute the contract.
WE undertake to pay the Purchase up to the above amount upon receipt of its first written demand, without the Purchase having to substantiate its demand, provided that in its demand the Purchase will note that the amount claimed by it is due to it owing to the occurrence of one or both the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including -------------------------the period of tender validity and any demand in respect thereof should reach the Bank not later than the above date.
Our ____________________ branch at _________________ * (Name & Address of the __________* branch) is liable to pay the guaranteed amount depending on the filling of claim and any part thereof under this Bank Guarantee only and only if you serve upon us at our ____________* branch a written claim or demand and received by us at our _____________ * branch on or before Dt. _____________ otherwise bank shall be discharged of all liabilities under this guarantee thereafter.
…………………………………
(Signature of the authorized officer of the Bank) ………………………………………………………………
Name and designation of the officer ……………………………………………………………………………………………………
Seal, name & address of the Bank and address of the Branch * Preferably at the headquarters of the authority competent to sanction the expenditure for purchase of goods or at the concerned district headquarters or the State headquarters.
25
Annexure-VI Tender Reference NO.---------------------------------------dt.
Model Bank Guarantee Format for Performance Security [Ref. Para 22 (i)]
To
The Director of AYUSH-cum-Mission Director, National AYUSH Mission, NAM, ODISHA, Bhubaneswar
WHEREAS …………………………………………………… (name and address 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 scheduled Nationalized bank recognized by you for the sum specified therein as security for compliance with its obligations in accordance with the contract;
AND WHEREAS we have agreed to give the supplier such a bank guarantee;
NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the supplier, up to a total of ………………………………….........................................................................
(amount of he guarantee in words and figures), and we undertake 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 limits 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.
We hereby waive the necessity of your demanding the said debt from the supplier before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between you and the supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until the …………. day of ………….., 20……..
Our ____________________ branch at _________________ * (Name & Address of the __________* branch) is liable to pay the guaranteed amount depending on the filling of claim and any part thereof under this Bank Guarantee only and only if you serve upon us at our ____________* branch a written claim or demand and received by us at our _____________ * branch on or before Dt. _____________ otherwise bank shall be discharged of all liabilities under this guarantee thereafter.
………………………………… (Signature of the authorized officer of the Bank) ………………………………………………………………
Name and designation of the officer …………………………………………………
Seal, name & address of the Bank and address of the Branch
*Preferably at the headquarters of the authority competent to sanction the expenditure for purchase of goods or at the concerned district headquarters or the State headquarters.
26
Annexure-VII Tender Reference NO.---------------------------------------dt.
MODEL AGREEMENT FOR SUPPLY OF INDENTING GOODS TO DIFFERENT AYUSH INSTITUTIONS OF ODISHA
This agreement made this day of 20……..between M/s (herein after called as supplier) of the One Part.
AND The Director, AYUSH-Cum-M.D NAM ,Odisha, Bhubaneswar of other part . Whereas the other part wants to purchase the goods as specified in the Tender Reference NO.-----------------------dt.------------------- for their utilization in the Govt. Unani Dispensaries/ Hospitals/ Co-located AYUSH Clinics in the PHCs & CHCs of the State. NOW THESE PRESENT WITNESS AND IT IS HEREBY AGREED AS FOLLOWS.
1. That the time shall be the essence of contract and the supplier shall supply the goods as per the schedules completely, so as to make the delivery of the medicines to the supply destinations of the state on or before the date as per the Purchase orders placed in terms of the instructions laid down in the Tender Book and in the event of failure to comply the orders will entitle the Other part ( refer herein as Director AYUSH-Cum-M.D NAM, Odisha, Bhubaneswar ) to rescind the contract immediately.
2. That the goods shall be as per the specifications and price fixed in the approved list. Any deviation, if found to this effect will entitle the Director AYUSH Odisha, Bhubaneswar the indenting officers to refuse the consignment either whole or part thereof as the case may be.
3. That the goods shall be inspected at the respective indenting Pharmacies either by the other part (refer herein as Director AYUSH, Odisha, Bhubaneswar) or through his authorized Officers in presence of the supplier or his authorized agents as per the pre-specified scheduled date and time. In the event of non-compliance to the inspection as referred above, the decision taken thereof by the other part will be final and binding to the supplier.
4. The supplied consignments are to be supplied by the supplier at own cost by the supplier, duly and properly packed and maintained in hygienic points of view.
5. That the earnest money deposited by the supplier at the time of bidding tenders is subject to his performance in abiding the terms and conditions of the tender. Any departure /deviation in complying the terms and conditions will entitle for forfeitures of the earnest money as per the decision to be taken by the other part (refer herein as Director, AYUSH, Odisha, Bhubaneswar).
6. In witness of the parties here to have signed this deed this days of mentioned against the signature of each in presence of .
(Signature of the Supplier (Signature of Director, AYUSH or his duly authorized agent) or his duly authorized Officer) Witness. 1.
