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x

E-TENDER ENQUIRY

DOCUMENT

FOR

FOR EMPANELMENT OF

LOCAL CHEMIST(S)

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Tender Enquiry No: 799-U-16/A/local chemist/2021-22 Date: 04/11/2020

E- Tenders in two bid system through E- procurement solution are invited by the Dean, ESIC

Medical College Hospital Sanathnagar, Hyderabad from the registered, reputed and licensed

Local Chemists, who are having permanent place of business in twin cities (Hyderabad /

Secunderabad) for the local purchase of Drugs, required by the ESIC Hospital for the patients.

Detailed information regarding the items, application / tender forms, EMD details, specifications,

terms and conditions can be downloaded from the following websites: www.esic.nic.in /

https://eprocure.gov.in

All the bidders are requested to participate the tenders online through the website https://esictenders.eproc.in/EMD should be submitted by the bidder in the form of online and the same should reach this office before the closing time of the tender. No need of submitting the hard copy of the bid.

EMD

Bidder has to submit the Earnest Money Deposit (EMD) by Online Payment as mentioned below Click on onlinesbi.com →click on SB collect→select state as Telangana → select type of corporate/institution as Hospital→select Hospital name as ESIC Medical College Hospital→ select payment category which ever applicable (tenders EMD-SD)and make payment accordingly

The receipt of online EMD payment should reach this office either by hand or through register post/courier/Speed post before the closing time of the tender.

Please mention the tender enquiry number on the envelope and e – tender for suppluy of drugs

All tenders must be accompanied by EMD as 2% of quoted value. Bids without EMD and Undertaking letter shall be rejected.

No need of submitting the hard copy of the bid. Except SB collect paid receipt and declaration.

For all practical purposes, the e-tender shall be considered for evaluation.

Any corrigendum to this tender will be notified through the aforesaid websites only. The

undersigned reserves the right to accept or reject any or all the bids without assigning any reason

at any stage.

The Dean,

Esic medical college and hospital,

Sanathnagar, Hyderabad .

http://www.esic.nic.in/https://eprocure.gov.in/

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E-TENDER NOTICE No.53/ 2021-22

Sub: Invitation of e-Tender for supply of drugs – Reg.

The Dean, ESIC Medical College& Hospital, Sanathnagar,Hyderabad-38, invites e- tender in

Double Bid system from the registered, reputed and licensed Local Chemists, with permanent

place of business in twin cities (Hyderabad / Secunderabad) for the local purchase of Drugs,

required by the ESIC Hospital for the patients.

.

Bidders are requested to submit the requisite information / documents as per the following

annexure :-

Enclosures:-

Annexure – I (Compulsory documents or check list)

Annexure – II (Forwarding of EMD or tender documents)

Annexure – III (Instructions for E-tendering)

Annexure – IV (General conditions of contract)

Annexure – V (Tender Terms and Conditions)

Annexure – VI (Company Profile)

Annexure –VII (Mandate Form)

Annexure – VIII (Declaration Form)

Annexure – IX (Request for refund of EMD)

Annexure – X (Price Bid)

For DEAN.

Read all the pages of tender document and agree to signature of all papers of tender document

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The schedule for different activities is as below:

S.No Details Date and Time / Other details

1. Date of availability of E-tender document 4.00 PM ,04.11.2020 onwards

2. Date of pre bid meeting At 02.30 PM on 11.11.2020

3. Last date, time and submission of online EMD 4.00 PM on 25.11.2020

4. Date and Time for Opening of Technical Bids 4.00 PM on 26.11.2020

5. EMD amount 2% on Estimated value

6. Security Deposit 5% of Expected cost

7. Expected value of tender Rs. 2,50,00,000/-

8. Validity of offer 365 days from the last date of

submission of e-tender

If the date of opening of tender happens to be a holiday, the tender will be opened on the next

working day.

Receipt of EMD to be submitted / dropped on or before the date and time mentioned above, in

the tender box /kept at the MS Office, ESIC Medical College & Hospital, Sanathnagar,

Hyderabad.

For Dean

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ANNEXURE – I

COMPULSORY DOCUMENTS (OR) CHECK LIST

1. Compulsory documents for Technical Bid :

S.No. Title Status

(Fill Yes

or No)

Page No. (all

documents to be

serially numbered by

the bidder)

1 Have you enclosed EMD of required

amount for the quoted schedules?

Please mention value of EMD &Date of

issue from Bank.

2 Have you Submitted tender document

downloaded from ESIC website and signed

in all pages?

3 Have you submitted the below documents

As per the annexures

1. Company profile 2. Mandate form 3. Refund for EMD, Pre-receipt

4 Have you submitted Valid drug license for

retail chemists as per Drugs & Cosmetics

Act.

5 Non Conviction Certificate from State Drug

Controller that there is no case pending

under the drugs & cosmetics Act and Rules

there under as well as under Drug Price

Control Order against the firm during the

last 5 years.

No Conviction Certificate should be of the

Latest year

6 Quoted rates as per Format given ( all

Column must be filled )

7 PAN Number of the firm/Partner/ owner as

the case may be

8 GST Registration certificate and valid trade

license

9 Have you furnished IT Return, Balance

Sheet and Profit & Loss Account for last

three years prior to the date of Tender

opening i.e. Financial Years 2020-19,

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2019-18, 2018-17

10 Have you accepted all terms and conditions

of Tender document?

11 Purchase Order copies in the bidder’s name

as an empanelled local chemist for supply

of drugs to Government /private Hospitals

and Undertaking of Firm on Letter Head

that Tenderer is in business from Last 3

years.

12 Satisfactory /Performance Certificate from

the users for the supply of drugs to the

hospital of central govt/state

govt/PSU/autonomous bodies /local bodies

ect. for last three year

13 Undertaking / Certificate that the quoted

items are not supplied at a rate, lower than

quoted here in last 3 months to any other

organization/institution

14 Undertaking that firm is not Blacklisted by

Any Govt./ institution and No vigilance

case ..

15. Narcotic drugs license issued by Govt. of

India.

2. Compulsory documents for Price Bid : (Fill Yes or No)

1 Price Bid for the quoted items

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ANNEXURE - II

TENDER FOR THE EMPANELMENT OF LOCAL CHEMIST FOR PROCUREMENT

OF DRUGS AS REQUIRED BY ESIC MEDICAL COLLEGE & HOSPITAL,

SANATHNAGAR, HYDERABAD

To

The Dean,

ESIC Medical College& Hospital,

Sanathnagar,

Hyderabad-38.

Sir,

Sub: Forwarding of EMD for tender for empanelment of local chemist - Reg.

* * *

We have pleasure in submitting our tender for __________________________ (Name of

the tender regarding)

We bind ourselves to the conditions prescribed in the Tender Notification.

We agree to have the Earnest Money forfeited in case of failure in full or part to undertake the

contract upon the acceptance of this tender.

OFFICE SEAL: SIGNATURE:

DESIGNATION:

NAME &ADDRESS:

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ANNEXURE – III

Instructions for Online Bid Submission (Department User may attach this Document as an Annexure in

their Tender Document which provides complete Instructions for on line Bid submission for Bidders)

The bidders are required to submit soft copies of their bids electronically on the CPP Portal, using valid Digital

Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP

Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP

Portal.

More information useful for submitting online bids on the CPP Portal may be obtained at:

https://etenders.gov.in/eprocure/app.

REGISTRATION

1) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal (URL:

https://etenders.gov.in/eprocure/app ) by clicking on the link “Online bidder Enrollment” on the CPP Portal

which is free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique username and assign a

password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as part of the registration

process. These would be used for any communication from the CPP Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (Class III

Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify /

nCode / eMudhra etc.), with their profile.

5) Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure

that they do not lend their DSC’s to others which may lead to misuse.

6) Bidder then logs in to the site through the secured log-in by entering their user ID / password and the

password of the DSC / e-Token.

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ANNEXURE-IV

GENERAL TERMS AND CONDITION CONTRACT

1. Definitions:-

In the interpretation of the contract and the general and /or special condition governing it,

unless the context otherwise requires:-

(a) The term 'Contract shall mean the invitation to tender, the instructions to Tenderer

acceptance of the tender schedule, particulars" here in after defined and those general

and special conditions that may be added.

(b) The term "Contractor" shall mean the person, firm or Company with whom the order for

drug testing is placed and shall deem to include the contractor's successor (approved by

the purchaser) representatives, heirs, executors and administrators unless excluded by the

contract.

(c) 'Contract price' shall mean the price of drugs accepted or the prices calculated in

accordance with the prices accepted by or on behalf or of the purchaser.

(d) The term "delivery" shall mean delivery of items by the dates specified in the acceptance

of tender of drug supply

(e) The term "Corporation" shall means the Employees State Insurance Corporation.

(f) The term Dean means, ESIC Medical College Hospital, Hyderabad and any other officer

authorized for the time being in the administration of ESI Corporation and any other

officer

(g) Authorized for the time being to execute contract relating to the empanelment of local

chemist on behalf of the purchaser. The term “Purchaser” shall mean purchaser or

purchasers named in the schedule to tender, his or their successors or assignees.

2. Authority of person signing document:

A person signing the tender Form or any documents forming part of the contract on behalf of

another shall be deemed to warranty, that he has authority to bind such other and if, on

enquiry, it appears that the person so, signing had no authority to do so, the Dean, ESIC

Medical College Hospital, Sanathnagar, Hyderabad may without prejudice to other Civil and

criminal remedies cancel contract and held the signatory liable for all cost and damages.

3. Responsibility for Executing Contract

The Contractor is to be entirely responsible for the execution of the contract in all respects in

accordance with the Terms and conditions as specified in the acceptance of tender and the

schedule annexed there-to.

4. Subletting of Contract:

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The Contractor shall not sublet, transfer or assign the contract or any part thereof without the

written permission of the Dean. In the event of the contractor contravening this condition the

Dean, be entitled to place the contract elsewhere on the contractors account at his risk and the

contractor shall be liable for any loss or damage with the Dean ESIC Hospital, may sustain in

consequence of arising out of such replacing of the contract.

5. Earnest Money:

The Tenderer shall have to deposit Earnest Money Rs …. Lakh AS PER TERMS AND

CONDITION OF TENDER IN THE EVENT OF WITHDRAWAL/REVOCATION OF

TENDER BEFORE THE DATE SPECIFIED FOR ACCEPTANCE, THE EARNEST

MONEY SHALL STAND FORFEITED.

6. Security Deposit:

In case selected, EMD will be kept as security deposit. Performance security is required to

protect the purchaser against the risk of the contractor’s conduct which would warrant the

forfeiture of the performance security. Performance security of the contractor will be

forfeited, if the contractor withdraws or amends without prior consent or impairs or derogates

from the tender in any respect with the period validity of rate contract or if it comes to notice

that information documents furnished is incorrect, false, misleading or forged without

prejudice to other right of the purchaser. The performance security will also be forfeited

without prejudice to other right of the purchaser if it fails to furnish the required performance

with in the specified period (validity period).

7. Recovery of sums due:

Whenever any claim for the payment of a sum of money arises out of or under this contract

against the contractor the purchaser shall be entitled to recover of such sum by appropriating,

in part or whole the security/earnest money deposited by the contractor, if security/earnest

money is taken against the contract. In the event of the security/earnest money being

insufficient or if no security/earnest money has been deposited by the contractor, then the

balance or the total sum to be recoverable, as the case may be shall be deducted from any

sum then due or which at any time thereafter may become due to contractor under this or any

other contract with the purchaser. Should this sum not be sufficient to cover the full amount

recoverable, the contractor shall pay to the purchaser on demand the remaining balance due.

8. Insolvency and Breach of Contract:

The Dean may at any time by notice in writing summarily terminate the contract without

compensation to the contractor in any of the following contingencies, that is to say:-

i. If the contractor being an individual or if firm, any partner in the contractor's firm,shall at

any time be adjudged insolvent or shall have a receiving order or orders for

administration of his estate made against him or shall take any proceedings for

liquidation or composition under any insolvency Act for the time being in force or shall

make any conveyance or assignment of this effects or enter into any arrangements or

composition with his creditors or suspend payment or if the firm be dissolved under

Partnership Act, or

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ii. If the contractor being a company shall pass a resolution or the courts shall make an order

for the liquidation of the affairs or a receiver or Manager on behalf of the debenture

holder shall be appointed or circumstances shall have arisen which entitled the court or

debenture holders to appoint a receiver or Manager, or

iii. If the contractor commits any breach of this contract not herein specifically provided for:

Provided always that such determination shall not prejudice any right of action or remedy

which shall have accrued or shall accrue thereafter to the purchaser and provided also that the

contractor shall be liable to pay the purchaser for any extra expenditure he is thereby put to

but shall not be entitled to any gain on repurchased.

9. Arbitration:-

In the event of any question, dispute or difference arising under these conditions or any

special conditions of contract, or in connection with this contract, except as to any matter the

decision of which is specially provided for by these the special conditions the same shall be

referred to the sole arbitration of the Dean or some other person appointed by him. It will be

no objection that the arbitrator is a Government servant, that he had to deal with the matter to

which the contract relates for that is the course of his duties as a Government Servant he had

expressed views on all or any of the arbitration dispute or difference. The award of the

arbitrator shall be final and binding on the parties to the contract. It is a term of the contract:-

A. If the arbitrator be the Dean:

i. In the event of his being transferred or vacating his office by resignation or otherwise, it

shall be lawful or his successor in-office either to proceed with the reference himself or to

appoint another person as arbitrator: or

ii. (ii)In the event of his becoming unable to act, for any reason it shall be lawful for the

Dean to appoint another person as arbitrator.

B. If the arbitrator be a person appointed by the Dean:

In the event of his dying, neglecting or refusing to act, being unable to act, for any

reasons shall be lawful for the Dean either to proceed with the reference himself or to

appoint another person as arbitrator in place of the outgoing arbitrator. It is further a term

of this contract that no person other than the Director General, Employees" State

Insurance Corporation or the person appointed by him should act as arbitrator and that, if

for any reason that is not possible, the matter is not to be referred to arbitrator at all. Upon

every and such reference, the assessment of the costs incidental to the reference and

award respectively shall be in the discretion of the arbitrator.

Subject as aforesaid the Arbitrator Act, 1940 and the rules there under and any statutory

modifications thereof for the time being in force shall be deemed to apply to the arbitrator

Proceedings under this clause. Work under the contract shall, if reasonable possible

continue during the arbitration proceeding and no payment due to payable by the

purchaser shall be withheld on account of proceedings:-

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The venue of arbitration shall be Hyderabad In this clause the expression," the Director

General, Employees' State Insurance Corporation” means the Dean, ESIC Medical

College Hospital, Sanathnagar, Hyderabad for the time being and includes, is there be no

Dean, the officer who is for the time being the administrative head of the Employees'

State Insurance Corporation, whether in addition or otherwise.

For the purpose of the contract including arbitrator proceedings there under, the Dean,

ESIC Medical College Hospital, Sanathnagar, Hyderabad shall be entitled to exercise all

the rights and Powers of the purchaser.

10. Fraud & Corruption

The bidder, supplier, contractor and the consultants observe the highest standard of ethics

during the procurement & execution of such contracts in pursuit of this:

A. Defines, for the purposes of this provision, the terms set forth below as follow:-

i. “Corrupt Practice” means the offering, giving, receiving or soliciting directly or

ii. Indirectly of anything of value to influence the action of public official in the

procurement process or in contract execution.

iii. “Fraudulent Practice” means a misrepresentation or omission of facts in order to

influence a procurement process or the execution of a contract.

iv. “Collusive Practice” means a scheme or arrangement between two or more bidders, with

or without the knowledge of the borrower, designed to establish bid prices at artificial,

non-competitive levels; and

v. “Coercive Practices” means harming or threatening to harm, directly or indirectly, person

or their property to influence their participation in the procurement process or affix to

execution of a contract.

B. Will reject a proposal for award if it determines that the bidder recommended for award has,

directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive practices in

competing for the contract in question.

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ANNEXURE V

Tender Terms and Conditions

The ESIC Medical College Hospital, Sanathnagar, Hyderabad-500038 is a 470 bedded

government hospital with 10 OTs and 8 ICU’s with average bed occupancy of arround 100%

and with all the facilities.

The hospital has to purchase drugs which are not available in the hospital and urgently required

for the patients on daily basis. The local chemist empanelment is done for the same urgent

procurement.

Following are the tender terms and conditions for such empanelment of local chemist:-

1. PREPARATION OF TENDER:

a. The Tender form containing the Terms and Conditions and the Schedule should be uploaded after filling up the form and signing in full on each page, whether you are

quoting for any item or not, falling which the tender will be liable for rejection. If any

item in the schedule is not being tendered for the corresponding space against the item

should be defaced by some such words as ‘not quoting’.

b. In the event of the space on the Schedule form being insufficient for the required purpose additional pages may be added. Each such additional page must be numbered

consecutively bear the Tender Number and be fully signed by you. In such cases,

reference to the additional pages must be made in the Tender form.

c. If any modification of the Schedule is considered necessary, you should communicate the same by means of separate letter sent with the Tender.

2. SIGNING OF TENDER:

1. The tender is liable to be ignored if complete information is not given therein or if the

particulars and date (if any) asked for in the tender are not fully filled in.

2. Individuals signing tender or other documents connected with the contract must specify:-

i. Whether signing as a ‘Sole Proprietor’ of the firm or his Attorney. ii. Whether signing as a ‘Registered Active Partner’ of the firm or his Attorney?

iii. Whether signing for the firm ‘Per Procreation’? In the case of companies and firms registered under the Indian Partnership Act, the capacity in

which signing e.g. Secretary, Manager and Partner etc. or their attorney and produce copy of

documents, empowering him to do so, if called upon to do so.

NOTE: In case of unregistered firms, all the members or all attorneys duly authorized by all of

them or the Manager of the firm should sign the tender and subsequent documents.

3. DELIVERY OF TENDER:

There is no need to submit hard copy of tender document. Except paid receipt of EMD and

undertaking.

4. PERIOD FOR WHICH THE OFFER WILL REMAIN OPEN: a. All the tenders shall remain valid for acceptance for a period of 180 days from the date of

opening of the tender or for such period as stated in Special Terms & Conditions. For this

purpose the tender documents will be kept in the custody of the concerned department or

any other safe place which the Dean deemed fit.

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b. Quotations qualified by such vague and indefinite expressions such as ‘subjects to immediate acceptance’ subject to prior sale etc. will not be considered.

5. OPENING OF TENDER:

All tenderers and/or their representative, if they should desire, may be present at the opening

of the tender at the time and date as specified in the schedule.

6. VALIDITY OF TENDER: The tender shall be valid for ONE YEAR from the date of award of the tender unless short

closed before that by the Dean. However, the Dean on his discretion can also extend the

period for further one year on the same terms & conditions depending on the performance.

7. ACCEPTANCE OF TENDER (PRICES) : Criteria for acceptance and awarding the tender will be on fulfillment of technical conditions as

well as offering of the maximum discounts on the items by the local chemist. Anti cancer

drugs: not less than 35% Non anti cancer drugs: not less than 45%

The acceptance of the tender will be based on the maximum discount offered by the local

chemist.

Rates /Discount to be quoted as a whole number & not in Decimals / Range / Fractions. The

chemist will be paid on M.R.P. i.e. Maximum Retail Price (which is printed on the

packing/flaps/bottles) less discounts and no Sales Tax / GST, Octroi or other levy/tax will be

paid which has to be borne by the chemist. Tampering on the printed MRP of the manufacturer

by the local chemist by use of stickers or any other means will not be accepted.

8. DELIVERY TIME:

a. The delivery of the stores/execution of work/providing the services etc. is required within a period as specified below and at the place mentioned therein. After the due period if the

supply is made in 24 hours to 48 hours the penalty will be levied at the rate 2% on the

invoice. Supplies made 48 hours after the due date the penalty will be levied at the rate

5% on the invoice.

b. The time for and the date of delivery of the stores stipulated in the schedule shall be

deemed to be the essence of contract and delivery must be completed no later than the date(s)

specified.

c. But if the delay shall have arisen from any cause, such as strikes, lockouts, fire accidents,

riot etc., which the Dean, ESIC Medical College Hospital, Hyderabad, if consider as

reasonable ground for further time, may allow such additional time required for delivery of

store depending on circumstances of the case.

9. INSPECTION OF THE SERVICES & ITEM STOCKS IN HAND AT TENDERER’S

PREMISES:

The tenderer shall whenever call upon to do so, give full information with reference to

the services in hand and shall also permit the Dean or any other officer nominated by him

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to inspect the premises of the tenderer at all reasonable times and shall give full

assistance and information as may be required by him in connection with the contract.

10. INSPECTION OF THE ITEMS SUPPLIED TO THE MEDICAL STORE:

Supplies shall be accepted / work shall be certified as completed subject to inspection by the

Dean, ESIC Medical College Hospital, Hyderabad or his/her assigned representative. Any

defect found in the materials / work done will render the supplies / work open to rejection

and decision of the Dean shall be final and legally binding. The rejected stock shall be

returned to the suppliers at their risk and costs.

11. RESPONSIBILITY FOR EXECUTING CONTRACT:

a. The contractor is to be entirely responsible for the execution of the contract in all respects

in accordance with the terms and conditions as specified in the acceptance of tender.

b. The contractor shall not sublet transfer or assign the contract or any part thereof without

the written permission of the Dean. In the event of the contractor contravening this

condition, the Dean shall be entitled to place the contract elsewhere on the contractors

account at his own risk and the contractor shall be liable for any loss or damage which

the Dean, ESIC Medical College Hospital, Hyderabad may sustain in consequence or

arising out of such replacing of the contract.

c. The contractor will maintain sufficient stock of the standard quality of medicines at all

times to avoid inconvenience to ESIC Beneficiaries. The local chemist (contractor) will

also maintain sufficient stock of medicines of the reputed / leading manufacturers of

drugs and a list of such drugs along with names of manufacturer may be enclosed with

the tender.

d. Local Chemist (contractor) will indicate Batch number, Name of manufacturer & Expiry

date on indents at the time of supplying the drugs at ESIC Medical College Hospital,

Hyderabad

e. Indents are to be accepted on either sides, only after duly countersigned by the M.S. /

D.M.S / Store I/C of the hospital.

12. EARNEST MONEY DEPOSIT (EMD):

a. The tender shall have to deposit an amount of 2% of tender value by way of online payment through SBI portal as given in instruction.

b. In the event of the withdrawal/revocation of tenders before the date specified for acceptance, the earnest money shall stand forfeited.

c. In the event of acceptance of the tender the earnest money may be adjusted towards the amount of security required to be deposited by the contractor.

d. In terms of Clause mentioned below, the earnest money however, be returned without interest to the tenderer whose tender is not accepted.

e. Earnest money should be taken back by tenderer within 2 months from date of opening of tender.

13. SECURITY DEPOSIT:

On acceptance of the tender, contractor shall within the period specified by the Dean, deposit

as security, a sum equivalent to 5% of total tender value. The Hospital authority shall be

entitled to forfeit the Security Deposit or any part thereof without prejudice to any other

remedies provided in the contract or available under the law. The security shall be in the

form of online payment through SBI portal as given in instruction.

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a. If the contractor fails in fulfilling above-mentioned terms and conditions, such failures will constitute a breach of the contract and the Dean shall be entitled to make other

arrangements at the risk and expense of the contractor.

b. On due performance and completion of the contract in all respects, the Security Deposit will be returned to the contractor without any interest on presentation of Satisfactory

Performance Report from the user unit. Security Deposit will be forfeited in cases of

Unsatisfactory Performance Report. Security deposit should be taken back by tenderer

after 2 months from the date of completion of contract.

14. RECOVERY OF SUMS DUES:

Whenever any claim for the payment of a sum of money arises out of or under this

contract against the contractor (local chemist) the purchaser shall be entitled to recover

such sum by appropriating in part or whole the security/earnest money deposited by the

contractor. When the balance or the total sum to be recoverable as the case may be shall

be deducted from any sum then due or which at any time thereafter may become due to

recoverable under this or any other contract with the purchaser. Should this sum not be

sufficient to cover the full amount recoverable the contractor shall pay to the purchaser

on demand the remaining balance due.

15. DOCUMENTS REQUIRED:

The contractor (local chemist) will have to submit the following documents along with the

tender.

i. Valid drug license for retail chemists as per Drugs & Cosmetics Act. ii. No conviction Certificate from State Drug Controller that there is no case pending under

the drugs & cosmetics Act and Rules there under as well as under Drug Price Control

Order against the firm during the last 5 years. No Conviction Certificate should be of the

recent calendar year.

iii. Valid Trade License. iv. GST registration certificate. v. Mandate Form for e-payment purposes.

vi. Audited Annual Turnover of Rs. 60 Lacs or more duly certified by Chartered Accountant along with profit & loss account and income & expenditure statement of the firm for the

last three years.

16. ACCEPTANCE:

Acceptance and signing of contract with in 10 days or with in the period of if and as

extended by the purchaser of receipt of the contract form .The finalization of tender the

Local chemist will be communicated by a letter of offer. In case of local chemist is

willing to accept the offer he has to submit the letter of acceptance and enter into the

agreement on a Non-Judicial stamp paper of Rs 100/- with the ESIC as per terms and

conditions of the contract.

17. RESERVATIONS: The Dean reserves the right to reject any or all tender without assigning any reason

whatsoever and can award full contract to any successful agency(ies) at its directions and

this will be binding on the tenderer. Dean, ESIC Medical College Hospital, Hyderabad

reserves the right to enter into parallel contract simultaneously or at any time during the

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period of this contract with one or more chemists for one and the same medicines or for

different medicines. The purchaser i.e. Dean, ESIC Medical College Hospital, Hyderabad

reserves the right to appoint any number of local chemists separately.

18. INSTRUCTIONS FOR INDENT COLLECTION AND SUPPLY OF ITEMS:

a. The approved tenderer and/or their authorized representative(s) will visit the Medical Store section of this hospital daily on working days between 09:00AM to 01:00PM from

Monday to Friday and between 10:00AM to 12:00PM on Saturday to collect the order of

local purchase if any and a soft copy of order may be mailed . The chemist/chemist's

representative will sign in the Purchase Order Register in the medical store of the hospital

as a proof of having attended the hospital. On Sundays /Holidays and beyond normal

working hours, emergency orders may be placed by the Casualty Medical Officer under

his name and seal.

b. After obtaining the order as specified in clause above, the approved tenderer and/or their authorized representative(s) shall supply the materials as per order to the Medical Store

Section of this hospital on the next day by 09:00AM to 01:00PM from Monday to Friday

and 10:00AM to 12:00 PM on Saturday.

c. In case of the order placed by the store on Saturday the supply shall be made on the next working day and for “Emergency Orders” supply will be made to the wards / Casualty as

mentioned in the requisition written.

d. In emergency and exceptional situations, items supplied outside office hours will be received by the officials of the Casualty department (For this purpose a separate register

will be maintained in the Casualty dept.) but the tenderer will ensure that the Challan /

Indent is reverified in the Medical Store department on the immediate next working day.

e. The tenderer or his representative should be available / approachable for 24 hours over phone for supply of all items. In case of any emergency requirements, if the order is

placed for any item at any time, the requisitioned item shall have to be supplied

immediately. The contact telephone number, mobile number, Fax or E-Mail must be

provided to the hospital authority for such purpose.

f. During normal office hours, the Medical Store Section will receive the drugs, etc. and will verify the “Maximum Retail Price” and other particulars and certify on the

Challans/Indents as well as bills.

g. The medicines/ drugs to be supplied will be of standard quality. In case, it is found that any particular medicine has expired, or is substandard or spurious, the Local Chemist will

be liable to be black-listed for a period of five (5) years for future participation in any

ESIC tenderer. Besides any other legal action as deemed fit will be taken. If for any

unavoidable reason beyond your control, it is not possible for local chemist to

immediately supply the medicines and the hospital is compelled to procure the same from

other local chemist, extra expenditure on this account will be recovered from subsequent

bill(S) / security deposit. Under no circumstances the indented medicines would have to

be substituted in case the indent is of Brand item.

h. Against each item, the “Maximum Retail Price” (M.R.P.), selling price, taxes claimed, etc. must be clearly mentioned along with the Batch/Lot No., Manufacturing Date, Expiry

Date, in daily Challans /Indent and the bills submitted fortnightly.

i. All the Challans/Indent as well as bills are to be submitted strictly in triplicate. Bill should be pre-receipted with application of revenue stamp wherever necessary. Care

18

should be taken submit the Challans/Indents and bills duly completed and without any

errors to prevent rejections/cancellation/delay in their processing of bills.

j. All items / drugs / must have sufficient useful shelf life for use in hand before it is supplied to this hospital.

k. All the items must be marked stating “ESIC SUPPLYNOT FOR SALE” by the tenderer.

19. PRESENTATION OF BILLS: The Contractor shall present his bills for each fortnights supply within five(5) days of the

closing of each respective fortnight (1st - 15th by 20th of that month) (16th – 31st by 5th of

next month)

a. The Bill shall be in the printed and serially numbered invoices, credit bill with the name and address of the Chemist and GST (goods and service tax)registration number printed

thereon.

b. The bill shall show the summary of the total amount for each day for the net amount claimed supported by a copy of acknowledged copy of the GRN cum Delivery

Challan/Indent with all the column duly filled in.

c. The contractor shall present separate bill for each category and there should be only one bill for each purchase order.

d. The purchaser reserves right also to demand in any case, the original of the suppliers invoices for verification of the Net Trade Price claimed by the contractor.

20. PAYMENT OF BILLS: The mode of payment will be “e-payment” only. The contractor shall claim payments twice a

month. Payment of the bills prescribed in complete forms and in time will normally be

arranged within 45 days from the date of presentation. However, no claim shall be made by

the contractor against the ESI Corporation in respect of interest or damage in case the

payment is delayed for any reason beyond the control of the ESI Corporation.

21. PENALTY CLAUSE : b. Recovery of sum due : Whenever any claim for the recovery arises against local chemist

such recovery will appropriated in part or whole from the subsequest bill payment or

security deposit.

c. Penalty structure : After the due period if the supply is made in 24 hours to 48 hours the penalty will be levied at the rate 2% on the invoice. Supplies made 48 hours after the due

date the penalty will be levied at the rate 5% on the invoice.

22. RISK PURCHASE: In case of failure to supply any or all items as per requisition / purchase order / specification /

prescribed brand of item or failure to turn up to collect the orders from the hospital, it shall

be treated as 'non-compliance' and 'breach of contract' and the order in part shall be arranged

from alternative source(s) at the discretion of the hospital authority and the difference in

prices will be realized from the tenderer with whom the contract is made by way his

subsequent / pending bills or security deposit.

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23. NARCOTIC DRUGS LICENSE bidder must have the narcotic drug license to supply the narcotic drugs to our organization, incase of not having narcotic drugs license bid may be

considered as null or not valid or rejected.

20

ANNEXURE – VI

COMPANY PROFILE

1. Name of the firm 2. Full Address: 3. Telegraphic Address/E-mail Id: 4. Telephone No. 5. Telex/Fax No. 6. Date of Establishment of firm: 7. Is Your Firm registered under

1. The Factories Act

2. Companies Act

3. Any other Act

8. Name & address of your Bankers. Stating the name in which the Account stands

(Please give Account details)

9. Are you on the list of approved Contractors of any other authority?

(if so please give details)

10. Give details of any Govt. contract Executed during the last 12 months

11. Any other information which you Consider necessary to furnish

DATE SIGNATURE:

NAME & ADDRESS:

21

Annexure – VII

MANDATE FORM

BENEFICIARY’S OPTION TO RECEIVE PAYMENT THROUGH e-PAYMENT

1. Beneficiary Name

2. Beneficiary Address

3. Beneficiary Account No.

4. Account Type (S.B. Account/Current Account For Cash Credit) With Code 10/11/13

5. Nine (9) Digit Code Number Of The Bank & Branch Appearing On The MICR cheque

issued By Bank Name

6. Bank

a) Name

b) Address

c) Telephone No.

7. IFSC (Indian Fianancial System Code)

8. Photocopy Of Cancelled Cheque To Confirm Correctness Of IFS Code And Account No.

Given In C & H

I, hereby, declare that the particulars given above are correct and complete. If the transaction is

delayed or not effected at all for reason of incompletle on incorrect information given by me as

above, i would not hold the user institution responsible.

Date:-

Signature of Customer or Beneficiary

22

ANNEXURE – VIII

UNDERTAKING

(on Non Judicial Stamo Paper of Rs.100)

a. I, the undersigned certify, that I have gone through the terms and conditions mentioned in

the tender document and undertake to comply with them.

b. The rates quoted by me are valid and binding upon me for the entire period of contract

and it is certified that the rates quoted are the lowest quoted by me for any other

institution/ hospital in India.

c. The earnest money of Rs. to be deposited by me has been enclosed herewith vide online

receipt …………drawn on bank, Branch.

d. I/ We give the rights to Dean to forfeit the Security money deposited by me/us if any

delay occur on my/agent's part for failure to supply the drugs dressing etc. within the

appointed time or the items of desired quality.

e. There is no vigilance/ CBl case or court case pending against the firm.

f. No conviction has been done by the State Drug Controller and there is no case pending

under the drugs & cosmetics Act and Rules as well as under Drug Price Control Order

against the firm.

g. The firm is in the business of Local trade of drugs for the last three consecutive years as

on date of opening of the tender, holding valid retail license issued by Drug control

authority of the state for running the chemist shop for various categories of Allopathic

drugs as applicable under the provisions of Drug & Cosmetic Act 1940 as on the date of

bid opening above, for various categories. The firm will further ensure that our licenses

remain valid till the end of Contract.

h. I hereby undertake to supply the items as per directions given in the tender document /

supply order within stipulated period.

i. I hereby certify that none of my family member(s) is/are employed in ESIC as per details given in tender document. In case at any stage, it is found that the information given by

me is false/incorrect, ESIC Medical College Hospital, Sanathnagar, Hyderabad shall have

the absolute right to take any action as deemed fit/without any prior intimation to me.

j. I or WE would not involve or include in any corrupt or mal practice .

DATE: SIGNATURE OF THE TENDERER

PLACE: FULL NAME:

DESIGNATION :

23

UNDERTAKING

(On Non Judicial Stamp Paper of Rs 100)

We hereby undertake that rates offered by us, will be within the price ceiling fixed by National

Pharmaceuticals Pricing Authority (NPPA), Ministry of Chemical & Fertilizers. We further

undertake that in case there is any down-ward revision by the NPPA, same will be passed on to

the ESI Corporation from the effective date during the currency of the contract and in case of

failure to do so we are liable to be debarred from future ESIC Tender Inquiry for a further period

of two years along with recovery of excess payment made due to reduced rate.

For and on behalf of the firm

Firms Name & Address

24

ANNEXURE – IX

From

__________________

__________________

__________________

__________________

To

The Dean, M.S Office,

ESIC Medical College & Hospital

Sanathnagar,

Hyderabad-38.

Sub: Request for refund of EMD Amount – reg.

* * *

With reference to your advertisement dated __________________, we have submitted tender for

____________ (local purchase of drugs). In case we are not the successful bidder, we request

you to kindly refund the EMD amount of Rs._______. The Cheque may be kindly be drawn in

favour of ___________________

Beneficiary’s Name :

Account No. :

A/C Savings Current :

IFSC Code No. :

Bank Name :

Branch Name & Address :

Yours faithfully,

(SIGNATURE & SEAL)

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PRE-RECEIPT

Received an amount of Rs…………………………… vide cheque No..........................

dated.................. from ESI Corporation towards refund of EMD amount.

Revenue Stamp

(SIGNATURE & SEAL)

26

Annexure -X

PRICE BID FOR LOCAL PURCHASE OF DRUGS.

The tenderer shall quote the percentage of maximum discount, which shall be on Maximum

Retail Price printed on the packing/flaps/bottles (Refer Terms &conditions in ANNEXURE IV,

V):

S.No Item % Discount On

MRP in Figures

% Discount On MRP in

Words

1. Non anti cancer drugs

2. Anti Cancer drugs

Date:

Place:

Signature of the tenderer:

Full Name:

Designation: (Office seal of the tenderer)

EMD