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ESIC e-Tender enquiry form for Rate Contract for supply of Hearing Aids
e-Tender enquiry form (Free of cost)
CENTRAL STORES, DIRECTORATE (MEDICAL) DELHI ESI DISPENSARY COMPLEX, TILAK VIHAR, NEW DELHI-110018
Phone No.28335358 & 28335360, Fax 28335357
LAST DATE OF SUBMISSION OF ONLINE e-TENDER 18.08.2017
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IMPORTANT INSTRUCTIONS TO BIDDERS
All bidders/contractors are required to procure class IIIB digital Signature Certificate (DSC) with both DSC components i.e. signing and encryption to participate in the e-tenders. Bidders should get registered at https://esictenders.eproc.in. Bidder can contact our Helpdesk at https://esictenders.eproc.in/ html/support.asp Bidder needs to submit Bid processing fee charges of Rs.2495/-(Non Refundable) in the form of Demand Draft from any scheduled bank, in favour of M/S C1 India Pvt. Ltd. Payable at New Delhi for participating in the tender. Along with the demand draft, bidder needs to send a covering letter mentioning about the payment details, company name, address, payment towards ESIC Bid processing fees (mention the tender ID and Tender Title). The payment should reach at the below mentioned address, one day before the due date and time of Bid Submission: Kind Attention: Mr. Mohit Chaouhan M/s C1 India Pvt.Ltd. 301,Gulf Petro Chem Building, Ist Floor, Udyog Vihar,Phase-2,Gurgaon,Haryana-122015. Note: Payment will be approved only after physical receipt of Demand Draft.
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CONTENTS
Sr.
No.
Headings Page No.
1 Date sheet 4
2 e-Tender enquiry 5-6
3 Instruction to bidders 6-8
4 Conditions of Contract 9-18
5 Schedule of Requirement 19
6 Technical Bid(Annexure-S) 20
7 Price Bid(Annexure-P) 21
8 Contract form 22
10 Undertaking of the firm(Annexure-A) 23-25
11 Mandate form(Annexure-B) 26
12 Bank Guarantee Form For Performance Security(Annexure-C) 27
13 Lowest Rate Certificate (Annexure-D) 28
14 Authority letter(Annexure-E) 29
15 Checklist of the documents((Annexure-F)
30
16 Specifications & Allied Technical Details
(LIST OF ITEMS AND THEIR SPECIFICATIONS)
31-32
Helpdesk contact No. 28335358 & 28335360, Fax 28335357
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Name of the e-Tender : DMU-16/55/ RC/ Hearing Aids /2017/CS e-Tender Date Sheet
Sr.
No.
Details Dates & time
1. Period of availability of e-Tender Enquiry
document on ESIC website- www.esic.nic.in
and dmdesic.nic.in
CPP Portal- www.eprocuregov.in and ESIC
e-Procurement portal-
https://esictenders.eproc.in
21.07.2017 to 18.08.2017 up to 11.00AM
2. Pre-bid meeting 31.07.2017 at 11.00AM at Conference hall,
Directorate (Medical) Delhi, Tilak Vihar,
New Delhi – 110018
3. Last date of Manual and online Technical Bid
submission
18.08.2017 up to 11.00AM
4(i) Opening of online technical Bid and manual
technical Bid cover
18.08.2017 at 11.30AM at Conference hall,
Directorate (Medical) Delhi, Tilak Vihar,
New Delhi – 110018.
4(ii) Result of Technical Bid Will be communicated over Phone/ Email/ SMS to
the bidders.
4(iii) Representation w.r.t Technical Bid result Will be accepted only within 3 working days of the
declaration of result.
5. Opening of Online Price Bid at ____AM at Conference hall, Directorate
(Medical) Delhi, Tilak Vihar, New Delhi – 110018
and information will be communicated to
technically eligible bidders over Phone/ Email/
SMS.
6. Validity of offer 365 days from the last date of submission of e-
Tender
If the date of opening of tenders is declared a public holiday, the tenders shall be opened on the next working day at the same venue and time. However, the bid shall be accepted at the site of ESIC e-Procurement portal - https://esictenders.eproc.in as per the original schedule, without extension. All bidders are requested to check further notifications / updates if any on ESIC website - www.esic.nic.in, dmdesic.nic.in & ESIC e-Procurement portal - https://esictenders.eproc.in.
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e-Tender Enquiry No.DMU-16/55/ RC/ Hearing Aids/2017/CS
e-Tender Enquiry
EMPLOYEE STATE INSURANCE CORPORATION Room No.5,8,Central Stores, Directorate(Medical)Delhi, Tilak Vihar, New Delhi-110018 Subject: Formation of ESIC RATE CONTRACT for supply of Hearing Aids to beneficiaries as advised by ESI
Institutions of Delhi/New Delhi/Noida region valid for two years from the date of finalization.
Dear Sir/Madam
1. e- Tenders are hereby invited by Manager Stores, Central Store on behalf of Director(Medical)Delhi under two bid system for formation of ESIC Rate Contract for Supply of Hearing Aids through e-procurement portal of ESIC - https://esictenders.eproc.in as per specification detailed in (Annexure-S) for a period of Two years 2017-19 along with hard copy of the following documents in a sealed Envelope superscribed as e-Tender No. DMU-16/55/RC/Hearing Aids /2017/CS
1.1 EMD as specified in Instruction to bidders. 1.2 Affidavits as per clause 5 of Tender document.
2. e-Tender Enquiry Form may be viewed online or downloaded by the bidders from the website – http://esic.nic.in & www.dmdesic.nic.in , www.eprocuregov.in and https://esictenders.eproc.in . 2.1 It is mandatory for all bidders to have valid Class III B Digital Signature Certificate (both with signing and encryption component) from any certifying agency as per Information Technology (IT) Act, 2000 for submitting e-bid at the ESIC e-procurement Portal https://esictenders.eproc.in. Bidders can contact helpdesk at https://esictenders. eproc.in/html/support.asp
2.2 Bidders should get registered at https://esictenders.eproc.in.
2.3 Bidders needs to submit bid processing fees charges of Rs. 2495/- (non-refundable) in the form of Demand
Draft from any scheduled bank in favour of M/s C1 India Pvt.Ltd. payable at New Delhi for participation in the
e-Tender of Hearing Aids.
2.4 Along with the Demand Draft, Bidder needs to send a covering letter mentioning about the payment details,
company name, Address, Payment towards Bid Processing Fees(Mentioning the Tender ID and Tender Title).
2.5 The payment should reach at the below mentioned address, at least one day before the due date and time of
Bid Submission:
M/s C1 India Pvt.Ltd. 301,Gulf Petro Chem Building,Ist Floor, Udyog Vihar,Phase-2,Gurgaon,Haryana-122015
2.6 Tenderer’s ID / Profile will be activated for participation & bid submission only after the receipt of Demand Drafts for Bid Processing fees, failing which the tenderer will not be able to register & participate in the e-tender. It is in the interest of the tenderer to submit Bid Processing fees well before the last date of submission of the tender in order to ensure participation. All profile activations will be done on ESIC
working days during working hours. 2.7 Notwithstanding this, evaluation & finalization of Rate Contract will be based on e- bid submitted by the tenderer. It will be the sole responsibility of the tenderer to scan and upload clear and legible documents
for assessment failing which the tender will be liable for rejection. 3. It is proposed to enter into a Running Rate Contract with firms which fulfill the eligibility criteria approved by ESI Corporation for supply of Hearing Aids enumerated in the schedule annexed. The eligibility criteria have been given in the terms and conditions. Firms intending to participate in the Rate Contract should first
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ensure that they fulfill all the eligibility criteria as prescribed under the terms and conditions, otherwise the tenders will be summarily rejected. Tenderer should quote only for the items for which they fulfill all the eligibility criteria. 4. To participate in e-tender, tenderer should send the Annual Registration Charges & Bid Processing Fee in the form of Demand Drafts to the Service Provider at the earliest to ensure timely registration and bid submission. The bidders should complete all stages of online bid submission through e-procurement portal of ESIC i.e. https://esic.eproc.in. Bidders should not wait for the last date. They are requested to complete the process of online bid submission well before the closing, in order to safeguard their own interest.
I. Instruction to Bidders 5. Signing of the tender
The tender is liable to be rejected if complete information is not given therein or if the particulars and
date (if any) asked for in the schedule to the tender are not filled in. Individual signing the documents
connected with the bidding process must specify whether he signs as:-
i) A sole proprietor of the firm or constituted attorney of such sole proprietor. ii) A partner of the firm, if it be a partnership firm in which case he must have authority to refer to
arbitration disputes concerning the business of the partnership/agreement or a power of attorney.
iii) Constituted Attorney of the firm if it is a company. N.B. 5.1 In case of (ii) a copy of partnership agreement attested by a Notary Public should be furnished unless the
same has been previously furnished to the Corporation, or affidavit on stamped paper of all the partners admitting execution of the partnership of the general power of attorney should be furnished. 5.2 In the case of partnership firms, where no authority to refer disputes concerning the business of the partnership has been conferred on any partner, the documents must be signed by every partner of the firm.
5.3 A person signing the documents in the bidding process forming part of the contract on behalf of another shall be deemed to warrant that he has authority to sign the same and, if on enquiry it appears that the person so signing had no authority to do so, the purchaser may without prejudice to other civil and criminal remedy cancel the contract and hold the signatory liable for all costs and damages.
5.4 Each and every page of the document uploaded/submitted in the bidding process should be signed and stamped by the authorized signatory of the firm.
6. The tender will be rejected if:- (a) A firm submits conditional tender. (b) "No tax" quotations ,are not supported by a proof. (c) All the papers are not complete. (d) Providing incorrect/false information
7. The Item quoted will be rejected if: 7.1 More than one type of rates is quoted for one Item/More than one Manufacturer is quoted for one item/ More than one Brand quoted for one Item. 7.2 Any discrepancy in rate/pc or rate/pack of the item. 7.3 The quoted item is not as per specification required.
7.4 Discrepancy in Rate in words and figures. 8. Bid should submit as follows : 8.1 Technical bid 8.1.1 Technical bid (Hard copy) should be submitted as : A single sealed envelope superscribed with the e- Tender: DMU-16/55/RC/Hearing Aids/ 2017 /CS for supply of Hearing Aids addressed to D(M)D duly
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completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores, Central Stores, Tilak Vihar, New Delhi – 110 018 on or before 11:00 AM on 18.08.2017 containing:- (i) Original Demand Draft/Banker’s Cheque of Rs.-200000/-(Rupees Two Lakh) as EMD in Favour of ESIC Fund Account No.1 payable at New Delhi (EMD Cover). (ii) Affidavits as per clause 5 of Tender document. 8.2 Technical bid online should contain scanned copies of following documents:- 8.2.1 Covering letter clearly indicating the list of enclosures. 8.2.2 VAT/GST registration certificate. 8.2.3 Financial report (Balance sheet, profit & loss account Clearly indicating the turnover of Rupees One Crore or above) of last three Financial years (i.e.2013-14,2014-2015,2015-16)duly audited by Chartered Accountant. 8.2.4 Undertaking of the firm as per Annexure- A. 8.2.5 Mandate form as per Annexure-B. 8.2.6 Lowest Rate Certificate as per Annexure-D. 8.2.7 Notarized copy of Valid Import License for the imported items quoted in tender (if applicable). 8.2.8 Duly filled Technical bid for List of items quoted with specifications as per table –I (Annexure-S) (To be filled online). 8.2.9 Supportive documents (Catalogues/Detailed literature of quoted models). 8.2.10 Past performance of being in business of Hearing Aid in last three years(preferably of any Govt. Institution). 8.2.11 Authority letters of Manufacturer as per Annexure-E. 8.2.11.1 Bidder quoted in said tender if is a registered manufacturer, then he need not to upload authority letter for quoted item(s).However, In this case the Bidder must upload original Product Sheet/ Product List of the item(s) quoted in the tender for which manufacturing license were issued by Statutory body, along with copy of manufacturing license. The valid manufacturing license for the item(s) quoted should not be less than Three years old from the date of opening of tender. 8.2.11.2 Bidder quoted in said tender if is a registered Marketer/Distributor and quotes for indigenously manufactured items, then he should upload :- (i) Authority letter(s) issued in favour of bidder by Manufacturer as per Annexure-E. (ii) Product Sheet/Product List of the manufacturer for the quoted items in the tender for which manufacturing license was issued by concerned department to manufacturer. (iii) Valid manufacturing license for the item(s) quoted. 8.2.11.3 Bidder quoted in said tender if is a registered Marketer/Distributor and quotes for imported manufactured items, then he should upload :- (i) Authority letter(s) issued in favour of Indian marketer by Principle manufacturer of foreign origin. (ii) Authority letter(s) issued in favour of bidder by the Indian marketer. (iii) Product Sheet/Product List of the manufacturer for the quoted items in the tender for which manufacturing license was issued by concerned department to manufacturer. (iv) Valid manufacturing license for the item(s) quoted in tender of foreign principle manufacturer. (v) Import license of the marketer. * Please note that the manufacturing company or Marketing company cannot authorize a distributor for item of same brand to different distributors. In case it is found that manufacturing company or Marketing company has authorized more than one distributor for item of that brand , the item quoted by different distributors/Manufacturing company for that item will not be considered. * Please note that in case of 8.2.11.2 and 8.2.11.3 the responsive technical bidder will have to produce the original authorization letter at the time of submission of samples, if Director(Medical)Delhi, so desires.
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*It may also be noted that, sub-authorization by authorized distributor will not be accepted. Technical Bids without acceptable authority letter(s) and valid manufacturing License, shall not be considered. 8.3 Price Bid- Online 8.3.1 Price bid of quoted items as per table-II of Annexure-P . 8.3.1.1 Price should be filled online. Online Price Bid of only those bidders who are found technically eligible will be opened. * In case any discrepancy in Rate per pack/ Rates per Unit or Rate per Unit in words(Column No.8,9 and 10) are found, the item will not be considered. 9. Pre-bid meeting 9.1 In order to clarify doubts of the prospective bidders, if any, a Pre-bid meeting will be held at Conference hall, Directorate (Medical) Delhi, Tilak Vihar, New Delhi – 110018 at 11.00 AM on 31.07.2017. 9.2 The objectives of this Pre-bid meeting inter alia are, to answer the clarifications/questions/queries. 10. Withdrawal of tenders' along with the earnest money will be allowed before the date of opening of tenders. 10.1. After opening of tenders: - 10.1.1 Withdrawal of the complete tender can be allowed, but in such cases the earnest money shall be
forfeited in full; 10.1.2 No change/alteration in rate or other terms in the tender will be permitted under any circumstances; 10.1.3 Partial withdrawal (in respect of one or more items quoted) will not be allowed under any
circumstances. 11. Director(Medical)Delhi reserves the right to accept or reject any or all the tenders at any stage without assigning any reason thereof.
Director(Medical)Delhi
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e-Tender Enquiry No.DMU-16/55/ RC/ Hearing Aids/2017/CS
II. Condition of Contract
1. This rate enquiry is for the purpose of executing Rate Contract for supply of Hearing Aids in ESI Central Medical Stores Delhi/Hospitals in Delhi/New Delhi/Noida region. 1.1 The rates quoted and accepted by the Director Medical Delhi, ESI Corporation shall be valid for the
quantities that may be purchased from time to time during the course of the contract. 1.2 The tenderer should read carefully the terms and conditions and tenderer should quote for, those
items, only which qualify as per terms & conditions of the Rate Contract and for which they have valid authorization on the date of the tender supported by documentary evidence.
1.2.1 The Certificate as per enclosed proforma (Annexure-E 1.2.2 ) should have been issued not earlier than Three weeks from the date of opening of
tender. Items which do not qualify the eligibility criteria should not be quoted at all. 1.3 The tenderer should quote only one rate for each item Sr.No. without any variation for different
areas or any escalation clause. Rates quoted should be given both in words and in figures. 1.4 If tenderer is indicating 'No Tax' while quoting rate for any item, then a copy of certificate issued
from the concerned Sales Tax authority in support of Tax Exemption granted for the item should be enclosed. The certificate should clearly show whether tax exemption is granted for particular items or for all the items manufactured by the firm.
1.5 If the bidder quotes NIL/ZERO charges in price bid for the quoted item, the bid of the firm for that particular item shall be treated as unresponsive and shall not be considered.
2. Validity of Bids The quotations shall remain open for acceptance for 365 days (Three Hundred sixty five days) from the date of opening of tenders. If required this office may ask for extension of validity of bid for a reasonable period. On failure to do so, bidder may have to forfeit the bid security (earnest money deposit).
3. Eligibility Criteria for Bidders Firms to be eligible should fulfill the following conditions:- 3.1 The Bidder/firm should be continuously in this business for the last three years. 3.2 Bidder(s) participating in Tender must have annual turnover of Rs.10000000/- (Rupees One crore) or above during last three consecutive Financial years (i.e.2013-14,2014-15,2015-16). 3.3 Bidder(s) participating in Tender should not be blacklisted/deregistered and should not have been
Blacklisted/deregistered by any other Govt. institution/ Organization during the last five years for manufacturing/ supplying sub- standard Hearing Aids/Other items or on any other grounds. 3.4 Bidder(s) participating in Tender should not have been convicted by any court of law in any matter related to manufacturing/supplying sub- standard Hearing Aids /Other items or on any other grounds. 3.5 Bidder(s) participating in Tender must have Valid Import License for the imported items quoted in Tender. 3.6 Family members of officers/officials working in ESIC cannot take part in this tender enquiry. This will also apply to officers/officials who leave/retire from the services of ESI Corporation within 1(one) year of date of opening of tender. 3.7 Bidder(s) participating in Tender will have to provide warranty of three years for the item(s) quoted. 3.8 Bidder(s) participating in Tender will have to replace/repair the item free of cost during the warranty Period{03(Three) years period) of the supplied item. 3.9 Bidder(s) participating in Tender should not be convicted in an offence under the prevention of Corruption Act,1988. 3.10 Bidder(s) participating in Tender should not be convicted in an offence under the Indian Penal Code
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or any other law for the time being in force, for any cause of life or property or causing a threat to public health as part of execution of a public procurement contract. 3.11 Bidder(s) from startup companies of Indian Origin as defined by Department of Industrial Policy and Promotion may participate in the bidding process, provided they meets the quality and technical specifications. In such cases, criteria like prior turnover and prior experience may be relaxed. * Bidders are advised to quote strictly as per eligibility mentioned above. Failure to adhere to the same shall make the tender liable for rejection. 4. Bid Security (Earnest Money Deposit) 4.1 The tenderer shall have to deposit Bid security/Earnest Money of Rs.200000/-(Two lakh) either through Banker’s cheque or Demand Draft only in favour of "ESIC fund Account No.1" Payable at New Delhi , failing which the tender is liable to be rejected out rightly. Scanned copy of the same to be uploaded . 4.2 In the event of withdrawal/revocation or submission of false information/document of tender before the date specified for acceptance, the Earnest Money shall stand forfeited. 4.3 The EMD deposited with earlier tenders will not be adjusted against this tender. Tenders without EMD will not be entertained. 4.4 E.S.I. Corporation will not pay any interest on Earnest Money Deposit , which would stand credited to the E.S.I. Corporation Account. 4.5 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract. 4.6 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender. 5. Performance Security 5.1 Director (Medical)Delhi, ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects. 5.2 In case selected on 1st preference for any Item, security of Rs. 500000/-(Rupees Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi, ESI Corporation within the stipulated period as and when informed. 5.3 In case selected for 2nd or 3rd preference only security of Rs. 100000/-(Rupees One lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi, ESI Corporation within the stipulated period as and when informed. 5.4 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 within the period of validity of rate contract or if it comes to notice that information/ documents furnished are incorrect, false, misleading or forged without prejudice to other right of the purchaser. 5.5 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). 5.6 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract. 6. Quotations shall be strictly according to the required specifications. The relevant literature should be
furnished. The name of the manufacturer, and the brand name should also be stated. 7. Acceptance of the Tender 7.1 Director (Medical) Delhi does not pledge himself to accept the lowest of any tender and reserves the right of accepting/rejecting the whole or any part of the tender without assigning any reason. 7.2. Acceptance by the purchaser will be communicated by a letter of acceptance after completion of formalities required for the formal acceptance of tender & will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately.
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7.3 The purchaser shall communicate acceptance of the quotation if it is acceptable to him, by a letter. The formal acceptance of the tender will be forwarded to the successful tenderer as soon as possible. The instructions contained in the letter should be acted upon immediately by the tenderer. 7.4 The bidder, whose tender is accepted will then send Contract Form in the prescribed format (as
per Performa communicated by Director (Medical) Delhi, ESI Corporation on a notarized stamp paper of Rs.100/- to Director (Medical) Delhi, ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU). The acceptance of this letter by Director (Medical) Delhi ,ESI Corporation will conclude the contract and will be enforceable in law.
8. The Director (Medial) Delhi, Employees' State Insurance Corporation, New Delhi reserves the right to reject any or all offers including the lowest quotation at any stage without assigning any reasons whatsoever. The Director (Medial) Delhi, ESI Corporation, New Delhi will also have the authority to accept tenderer's offer in respect of any one or more of the items for which bidders may have quoted and his decision in this respect shall be final.
9. The Director (Medial) Delhi , ESI Corporation reserves the rights to invite in his sole discretion separate quotations to effect purchases outside this contract in the event of any urgent demand arising in a locality where no stocks are held or otherwise.
10. Samples 10.1 For the items quoted in the tender enquiry, bidder will have to submit/Demonstrate the samples on
demand. The Bidder shall also provide copy of literature of quoted model in the tender. 10.2 The samples of the quoted items/Demonstration of quoted items must be submitted/demonstrated
by eligible bidder as and when informed by Central Stores within the stipulated period, from the date of issue of letter.
* If bidder fails to submit/demonstrate the samples for the quoted item within the stipulated period, from the date of issue of letter, the tender for the quoted item shall be summarily rejected.
11. Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply.
12. Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e-Tender.
13. Not following all the terms & conditions of e-Tender Enquiry, furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred / blacklisted from participation in future ESI Rate Contracts for two years along with forfeiting the earnest money/Performance Security.
14. The past performance of the tenderer will be taken into consideration for award of a New Rate Contract. 15. Tenderer will have to furnish documents in support of the information given in the tender. Original documents shall be submitted for verification as and when required. 16. In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influence/ pressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter, bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two years/any other action deemed fit by Competent authority may be taken. 17. The tenderer, if selected, will have to supply Hearing Aids directly or through its authorized distributor to the ESIC Delhi/New Delhi/Noida region. In case supply are to be made through authorized distributor, authorization letter in this regard must be attached with the tender document for the currency of the contract. During the currency of the contract the successful bidder shall not be allowed to change distributor. However on request of selected tenderer the authorized distributor may be allowed to change in extreme exigency, if Director(Medical)Delhi permits/approve. 18. After the finalization of Rate contract by the Director (Medical) Delhi, ESI Corporation, supply orders will be placed by the Medical Superintendents/Heads of ESI Corporation run hospitals/Heads of ESI scheme
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Manager Store as per Schedule attached, who for the purpose of this Rate Contract, shall be designated as Chief Direct Demanding Officer and will exercise the powers of Director Medical Delhi, ESI Corporation in all matters connected with the execution of supplies and/or wherever specifically provided in the terms and conditions of the Rate Contract. The Chief Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract. 19. Supply orders will be placed from time to time during the currency of the contract in which the exact
quantities required on each occasion together with the date of delivery shall be specified by the Direct Demanding Officers.
20. Supply orders against the contract will be accepted as long as these reach the contractor on or before last date of the currency of the contract. Supply orders received during the closing days should be complied within due course, in accordance with the contract, even though in some cases owing to contract having expired, supplies are to be executed after the expiry of the last date of contract.
21. No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract.
22. Packing a) Tendering firms must quote for the packing specified against each item in the schedule annexed "To
the rate enquiry", as any other packing may not be accepted. b) Where no pack is specified, bidders may quote for standard packs available in the market. c) Loose supplies/damaged packing/tampered or damaged labeled supplies shall not be accepted under
any circumstances. d) Supplies to be made in proper boxes. e) Packing should be able to prevent damage or deterioration during transit.
23. All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed. 24. Life period(Shelf life) The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it.. 25. Quality Controls a) If any store/stores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and / or on inspection by competent authority, the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed. b) If the product is found to be “Not of standard quality“ ,the cost of testing will be recovered from the supplier. c) If the firm fails to replace the batch declared to be 'not of standard quality' or fails to make payment in lieu of that, the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation. d) If any due or payment that have arisen to the ESIC from the contractor ,the dues will be deducted either from EMD (during the processing of tender),incoming bill(s) of the firm or Performance security (during the currency of the contract) 26. The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life. The contractor/ seller hereby declare that the goods/stores/ articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained/ mentioned in the description clauses hereof and the contractor/seller hereby guarantees that the said goods/ stores/articles would continue to conforms to their description specification as
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stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected and/or approved the said goods/ stores/ articles. If the same be discovered not to conform to the description and quality aforesaid or have deteriorated, the decision of the purchaser in that behalf will be final and conclusive. The purchaser will be entitled to reject said goods/stores/articles or such portion thereof as may be discovered not to conform to the said description and quality. Such rejection of the goods/ articles/stores will be at the seller's risk and all the provisions herein contained relating to rejection of goods etc., or such portion thereof if is rejected by the purchaser otherwise the contractor / seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained. Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwise”. 27. The price charged for the stores supplied under the agreement or the rate quoted by him for supply of
Hearing Aids to the Corporation, whichever is lower, shall in no event exceed the lowest price at which the contractor sells the stores of identical description to any other person(s) during the said period of agreement. If at any time during the said period, the contractor reduces the sales price of such stores or sells such stores to any other person at a price lower than the price chargeable under the agreement, he shall forthwith notify such reduction in sale price to the Director (Medical) Delhi, E.S.I. Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price. The approved price in Rate Contract shall stand correspondingly reduced.
28. The price must be quoted F.O.R Destination per unit as shown in the schedule annexed and should be exclusive of Sales Tax but inclusive of all charges for packing and forwarding. All the transition loss whatsoever will be borne by the firm(any monetary limit is not acceptable).
29. Excise duty, Sales Tax and other Taxes if extra, where legally leviable and intended to be claimed, should be distinctly shown separately along with the price quoted. Where this is not done, no claim of excise duty, Sales Tax and/or other taxes will be admitted at any later stage on any ground.
30. The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc., if any, will have to be borne by the supplier.
31. Delivery Period: The successful bidders shall maintain stocks at the station/stations indicated by him and shall make deliveries against supply orders for such stocks, as and when, required. On receipt of an order from any Direct Demanding Officer, the successful tenderer shall, execute the order within 6 weeks from the actual date of dispatch by registered post. In case of failure to supply, the Corporation reserves the right to purchase the stocks from other sources as risk purchase, i.e. purchase from any other firm or firms, in the rate contract or from outside the contract at the discretion of the Direct Demanding Officer concerned at a competitive rate. 31.1 Delivery period will be Six weeks from the date of placement of Supply Order. 31.2 The cutoff date of delivery period shall be counted from the date of actual dispatch of supply orders to date of receipt of supplies at FOR destination. 31.3 A successful tenderer can extend the delivery period with the permission of chief Direct Demanding Officer, if he is not in a position to execute the order in time in case of some genuine reason. Such extension is permissible for a maximum period of 2 weeks and in this situation penalty will be levied as mentioned below. 31.4 The request for extension of DOD(Due Date of Delivery) should reach 10 days before actual DOD. 31.5 If the successful tenderer fails to execute the supply order within the stipulated period (6 weeks from the date of issue of supply order), penalty of 5% of the value of the order calculated at the contract rate per week or a part of a week will be levied. 31.6 The maximum penalty for late supply shall not exceed 10% of the total value of the order/orders.
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31.7 If the order is not supplied by the scheduled date (as per indicated above or by the extended date) then the items/goods will be procured from the next preference holder or elsewhere and the difference will be recovered from subsequent Bills/security money deposit from the supplier at L-1. 31.8 If part supply is done by the firm, risk purchase will be resorted to remaining quantity which has Not been supplied. The extra expenditure involved in procuring the supplies will be recovered in full from the firm at the discretion of the competent authority. The risk purchase so imposed will be payable by the firm or will be deducted from the incoming bill(s)/security money of the firm. 31.9 Apart from the risk purchase action, the firm’s performance security deposit may also be forfeited and other penal action like debarring the firm along with item(s) manufacturer/Marketer from participation in ESI Corporation rate contract present and future for a period of not less than three years for the said item(s)if Director(Medical)Delhi so desires. 31.10 Bidder should ensure that its Marketing/Manufacturing firm should have enough stock to supply during the currency of the contract. Failure to do so, for any reason whatsoever, will attract invocation of Risk Purchase and procurement of item from L-2 preference firm. After three such episodes during the currency of the rate contract, If any firm fails to execute the supply(s) three times, the firm along with its manufacturer/ Marketer may be debarred for the next three years for that item and or participating in ESIC Tender with effect from the last failure for the said item(s) OR any penal action deemed fit by Director(Medical)Delhi. 31.11 In case supply is declared substandard appropriate action that may include forfeiture of security, debarring from future participation in ESIC Tenders or Blacklisting may be invoked. 32. Notwithstanding any omission or shortcoming in the supply order it is incumbent upon the contractor/ seller to supply the items as per the specifications of the relevant rate contract. 33. Receipt of supplies: 33.1 Supplies will be accepted subject to inspection by Director (Medical) Delhi/Medical Superintendent E.S.I. Hospital concerned or his nominated officer in accordance with rules/procedures. 33.2 All supplies should be marked as “ESI Supply Not for Sale” without fail. 33.3 Any defect found in the material will render the supplies open to rejection and decision of the Director (Medical) Delhi/Medical Superintendent/Store Manager , will be final and legally binding. 33.4 Frequent lapses in this respect may result either to debar the bidder for supply of Hearing Aid etc. for a period of three years or Removal of name of the bidder from the approved list of suppliers OR any penal action deemed fit by Director(Medical)Delhi. 33.5 The supplier shall arrange to effect the free replacement of any quantity, which may deteriorate in strength etc., before the date of expiry marked on the labels OR as desired by Director(Medical)Delhi or its representative. 33.6 The rejected store will be returned to the suppliers at their risk and cost. 34. Inspection : The Director (Medical)Delhi, ESI Corporation, reserve the right for Inspection of the premises of the bidder participating in the tenders, by officers appointed by the Director Medical Delhi. They can also carry out inspection for assessing the capacity/capability/eligibility of the firm to make supplies on the basis of ESI Rate Contract and to ensure that good manufacturing practices are being followed by manufacturer. The decision of the Director Medical Delhi shall be final in this regard. 34.1 Inspection authority The Director (Medical)Delhi/Medical Superintendent or the officer nominated by him. 35. Inspection and rejection 35.1 To Reject stores submitted as not being in accordance with the particulars: Director (Medical )Delhi/Medical Superintendent or his officer may reject the whole consignment tendered for inspection if after inspection of such portion thereof as he may decide
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in his discretion, he is satisfied that the consignment is unsatisfactory. 35.2 If any stores are rejected as aforesaid than without prejudice to the foregoing provisioner, the Director(Medical) Delhi/Medical Superintendent shall be at liberty to :- 35.2.1 Allow the contractor to resubmit stores in replacement of those rejected within time specified by Director (Medical) Delhi/Medical Superintendent or the replacement without being entitled to any extra payment; or
35.2.2 Buy the quantity of the stores rejected or other of similar nature elsewhere at the risk and cost of a Contractor without affecting the contractor's liability as regards supply of any further consignments due under the contract; or 35.2.3 Terminate the contract and recover from the Contractor the loss, the Director
(Medical)Delhi/ Medical Superintendent thereby incurs. 36. Removal of Rejections 36.1 Any stores submitted for inspection and rejected by the Inspector must be removed by the contractor within fourteen days from the date of receipt of intimation of rejection and it shall be the duty of the contractor to remove them accordingly. Such rejected stores, shall lie at the contractor risk from the afore-mentioned time, the Director (Medical) Delhi /Medical Superintendent shall have the right either to return the rejected stores at the contractor's risk in such mode of transport as the Director(Medical)Delhi/Medical Superintendent may select or to dispose of such stores as he thinks fit at the contractor's risk and on his account and to retain such portion of the proceeds as may be necessary to cover any loss or expenses incurred by or on the behalf of the Director (Medical)Delhi/Medical Superintendent in connection with the said sale. Freight to destination shall be recoverable from the contractor at the Public Tariff Rate. 36.2 If the stores rejected are of such a nature that its return to the contractor or disposal by selling in the market may result in any fraudulent practices and prejudicial to the interest of the ESI Corporation then the Director (Medical) Delhi /Medical Superintendent shall have the right without prejudice to his rights to recover damages according to any other provision in this contract of dispose of such rejected stores by burning and the contractor in that event shall have no right to claim any cost thereof. 37. Payment: Payment for the supply will be made within 4 to 6 weeks (after receipt and acceptance of the goods) directly by the chief Direct Demanding Officers or through nominees to whom bills are submitted. Bills should be submitted within one(1) week of the receipt of goods to enable timely payment. 38. Any dues or payments that have arisen to the Corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letters/orders addressed to the contractors. 39. Any payments that have been demanded as per the provisions of clause 38 or under any other clause shall be payable within the time laid down. On failure to do so: - 39.1 The contractor shall be liable to be debarred for supplying Hearing Aids etc. to the Corporation for a period not exceeding three years. 39.2 The contractor is liable to be prosecuted in court of law. 40. Subletting of contract: The Contractor shall not sublet, transfer or assign the contract or any part thereof. In the event of the contractor contravening this condition the Director(Medical) Delhi, will 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 to the Director(Medical)Delhi, may sustain in consequence of arising out of such replacing of the contract. 41. Rate Revision : Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed
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by Government of India, except downward revision as mentioned in clause 27. 42. Recovery of sums due: 42.1 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 such sum by appropriating, in part or whole the security deposited by the contractor, if a security money is taken against the contract. 42.2 In the event of the security money being insufficient, 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. 42.3 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. 42.4 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letter/order addressed to the contractors. 43. Fraud & Corruption 43.1 The bidder, supplier, contractor and the consultants observe the highest standard of ethics during the
procurement & execution of such contracts in pursuit of this: 43.1.1 Defines, for the purposes of this provision, the terms set forth below as follow:- 43.1.1.1 “Corrupt Practice” means the offering, giving, receiving or soliciting directly or indirectly of anything of value to influence the action of public official in the procurement process or in contract execution. 43.1.1.2 “Fraudulent Practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract. 43.1.1.3 “Collusive Practice” means a scheme or arrangement between two or more bidders, with or without the knowledge of the purchaser, designed to establish bid prices at artificial, non -competitive levels; 43.1.1.4 “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. 43.1.1.5 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. 44. Insolvency and Breach of Contract: 44.1 The Director (Medical) Delhi/Medical Superintendent 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:- 44.1.1 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 44.1.2 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 44.1.3 If the contractor commits any breach of this contract not herein specifically provided for in
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the tender document. 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 incurred thereby put to but shall not be entitled to any gain on repurchased. 45. Arbitration In the event of any dispute or difference arising under these conditions or any special conditions or contract or in connection with this contract, except as to any matters the decision on which is specially provided for by these or special conditions the same shall be referred to the sole arbitration of the Director (Medical) Delhi , Employees' State Insurance Corporation or some other person appointed by him. There shall be no objection that the arbitrator is a Government/Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt./ Corporation servant he had expressed views on all or any of the arbitration dispute or differences. The award of the arbitrator shall be final and binding on the parties to this contract. It is term of this contract: 45.1. If the arbitrator be the Director Medical , Employees' State Insurance Corporation:
45.1.1 In the event of his being transferred or vacating his office by resignation or otherwise, it shall be lawful for his successor-in-office either to proceed with the reference himself, or to appoint another person as arbitrator; or
45.1.2 In the event of his becoming unable to act, for any reason, it shall be lawful for the Director Medical , Employees' State Insurance Corporation to appoint another person as arbitrator.
45.2 If the arbitrator be a person, appointed by the Director Medical , Employees' State Insurance Corporation:
45.2.1 In the event of his delaying neglecting or refusing to act, being unable to act, for any reason, it shall be lawful for the Director Medical , E.S.I.C. either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator.
45.3 It is further a terms of this contract that no person, other than the Director Medical , E.S.I.C. 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. 45.4 Upon every such reference, the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator. 45.5 Subject as aforesaid, the Arbitration Act, 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause. 45.6 Work under the contract at shall, if reasonably possible, continue during the arbitration proceedings and no payment due to or payable by the purchaser shall be with-held, on account of such proceedings. 45.7 The venue of the arbitration shall be Delhi/New Delhi. 45.8 In this clause the expression the Director Medical , E.S.I.C. means the Director (Medical) Delhi ESIC for the time being and includes, if there be no Director (Medical)Delhi of ESIC, the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi, Employees' State Insurance Corporation whether in addition or otherwise. 45.9 For the purpose of the contract including proceedings thereunder, the Director (Medical)Delhi, ESIC shall be entitled to exercise all the rights and powers of the purchaser. 45.10 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts. 46. All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at Delhi/New Delhi only.
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47. Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract. 48. Validity of the Rate Contract is two years from the date of finalization of the contract, but in case of exigencies, period can be extended further for a period of one year as desired by Director(Medical) Delhi. In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties. 49. It may be noted that If the above instructions are not adhered to by the tenderer, the quotation may summarily be rejected and the Corporation will not be liable to answer for the same. 50. Force Majeure: If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc.) he will promptly notify the Director (Medical) Delhi or its representative about the happening of such an event. The Director(Medical)Delhi or its representative is solely entitled to terminate the order/contract in respect of such performance of the bidders obligations if he so desires. The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. 51. It may be noted that, no correspondence shall be entertained between bidder and Director(Medical)Delhi till the tender is finalized. However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so , at any stage. 52. It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender. 53. It is the sole responsibility of the tenderer to submit the tender both Online & Manually( as specified). All documents as listed above should be clear & legible, duly attested / notarized, properly indexed & serially page numbered. All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory. Copies to be uploaded and submitted online should be in proper resolution. 54. The above said instructions should be followed strictly, failing which the tender will be summarily rejected. 55. The tenderer who submits false, forged or fabricated documents or conceals facts with intent to win over the tender, EMD/performance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit.
Director(Medical)Delhi
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Name of e-Tender:DMU-16/55/RC/Hearing Aids/2017/CS
IV. Schedule of Requirement
Central Store on behalf of Director(Medical)Delhi intends to procure Hearing Aids by framing ESIC Rate Contract for Supply of Hearing Aids through e-procurement portal of ESIC - https://esictenders.eproc.in for a period of Two years for the quantities that may be purchased from time to time during the course of the contract as per the requirement raised by the user units..
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Name of e-Tender: DMU-16/55/RC/Hearing Aids/2017/CS
Annexure ”S”
Technical Bid
(To be filled online) Table-I
1 2 3 4 5 6 7 8 9 10
Sr.
No.
Item
No.
Item
Name
Specifications Manufacturer Model Brand Authorized
Dealer
Packing Deviation from
required
specification(s)
if any
Please note that items quoted should be as per specifications given in IV , especially with regards to category/ Subcategory of hearing loss.
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Name of e-Tender: DMU -16/55/RC/Hearing Aids/2017/CS
Annexure ”P”
VI. PRICE BID
Table-II
1 2 3 4 5 6 7 8
Sr.
No.
Item
No.
Item name Manufacturer Model Brand Authorize
d Dealer
Packing
9 10 11
Rate per Unit
(in Rs.)
Rate per Unit in words
(in Rs.)
Tax in %
(including VAT/ST/CST/GST/Excise and others, if any)
For example:-
** Comparative Price evaluation of the above said Hearing Aids item(s) will be done on the basis of Rate per unit
(Column 9)
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Name of e-Tender: DMU -16/55/RC/Hearing Aids/2017/CS (ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)
VII.CONTRACT FORM AGREEMENT
(on stamp paper of Rs.100/- BETWEEN DIRECTOR (MEDICAL) DELHI, ESIC AND M/S_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi, ESI Corporation, New Delhi having its office at ESI Dispensary Complex, Tilak Vihar, Near works department Opp. Police Chowki, New Delhi 110018.(herein after called ESIC, which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the First party. AND M/S______________________________________________________________________________ Address____________________________________________________________________________ __________________________________________________________________________________ (herein after called the supplier of Hearing Aid as the second party to supply Hearing Aid at approved rates for a period of two years ( No sale tax, VAT, OCTROI, CST,GST or any other levies will be paid) (__________ – __________) ,unless short closed before that, by Director (Medical) Delhi at his discretion on the following terms & conditions.
1. Second party will maintain sufficient stock of the Hearing Aid(s) of selected model(s) at all times during
the contract period for uninterrupted supply to user unit(s).
2. The second party shall ensure that supplies of Hearing aid of selected model(s) is/ are required to be made
in original packing of manufacturer.
3. The second party shall know that ,in case of failure or refusal by second party to supply the Hearing aid
of selected model(s) to the unit(s) during the contract period, the contract is liable to be cancelled at his
risk and cost and any extra cost involved in arranging supplies from alternative source will be
recovered from his subsequent/pending bills/security deposit. Irregular supplies/failure to fulfill the
terms of contract may entail for closure of contract and for forfeit of Security Deposit.
4. The second party shall abide by all the terms & conditions mentioned in Tender documents of the Tender
No.:- DMU-16/55/RC/ Hearing Aid/2017/CS opened on __________.
Signature of the 1st party Signature of second party
/ his representative
In the presence of In the presence of
Signature of the witness Signature of the witness
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Name of e-Tender: DMU -16/55/RC/Hearing Aids/2017/CS
Annexure- “ A” Undertaking of the firm
(On Non-Judicial Stamp Paper of Rs.100/-)
From:- Name of the firm/Company: Address for correspondence:
Telephone No.:
Working Fax No.
E-mail address
Details of Person responsible for conduct of business
(Name, Mobile No. & e-mail address)
To Director (Medical) Delhi, Directorate (Medical) Delhi, ESI Dispensary Complex, Tilak Vihar, New Delhi-110018 Sub: Supply of Hearing Aids at the quoted rate to Director (Medical) Delhi, ESI Corporation for a period of Two years w. e. f. date of finalization of Tender. Sir, I/We/am/are authorized signatories of M/s.________________________ I/ we hereby undertake as follows:-
1. I/we hereby undertake to supply Hearing Aids in areas specified by the Director (Medical) Delhi, ESI Dispensary Complex, Tilak Vihar for a period of two years from the date of signing of agreement at the rates quoted by me/us and in the packing specified in the prescribed tender form, which is submitted herewith according to the instructions and the terms and conditions. The duration of the said contract may be extended on the same terms and conditions & rates if the Director (Medical)Delhi so desires. 2. I/we hereby undertake that the rates quoted against each item by me/us in the tender are FOR destination and inclusive of all packing charges, freight charges and duties payable during the contract period. However, ST/CST/VAT are mentioned separately against each item, wherever applicable. 3. I/we hereby undertake that I/we have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned. 4. I/we hereby undertake that I/We will submit the Samples of the quoted items at Central Store along with literature in the same serial order as quoted in tender for evaluation as and when directed by Director (Medical) Delhi. 5. I/we understand that security deposit submitted on entering into contract, is likely to be forfeited In the event of lapse on my/our part to comply with the terms and conditions of the tender and also on the supplying/items of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land. 6. I/we have carefully read and understood the terms and conditions to avoid any error, omission. I/we shall abide by these conditions. I/we will follow them very scrupulously. Any conditional acceptance shall make my tender liable for rejection.
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7. I/We hereby undertake that My/our firm is not blacklisted/deregistered currently and has not been Blacklisted/deregistered by any other Govt. institution/ Organization during the last five Years for manufacturing/supplying sub- standard Hearing Aid/Other items or on any other grounds. I/We further stated and undertake that I/We have not been convicted by any court of law in any matter related to manufacturing/supplying sub- standard Hearing Aid/Other items or on any other grounds.
8. I/We hereby undertake that My/our firm is not convicted in an offence under the prevention of Corruption Act,1988. 9. I/We hereby undertake that My/our firm is not convicted in an offence under the Indian Penal Code or any other law for the time being in force, for any cause of life or property or causing a threat to public health as part of execution of a public procurement contract. 10. I/We hereby undertake that My/our Marketing/Manufacturing firm have enough stock of Items quoted in Tender to supply during the currency of the contract. 11. I/we also undertake cognizance of the fact that failure to furnish the information called for by
the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account
12. I/we hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time. 13. I/we hereby undertake that ,in case of my supply declared substandard by any approved agency I/we
am/are liable for appropriate action. 14. I/we hereby undertake , that the rate quoted by me/us are not higher than the rate quoted by me/us
to any Govt. Institution/agency within Delhi, New Delhi and Noida during the contract period. 15. I/we hereby undertake that, if at any time during the currency of the contract, I/we reduce the sale
price or sell or offer to sell such stores, as are covered under the contract, to any govt. organization in Delhi/New Delhi/ Noida at a price lower than the price chargeable under the contract, I/we shall forthwith notify such reduction or sale or offer of sale to Director(Medical) Delhi/ Director(Medical) NOIDA / Medical Superintendent and the price payable under the contract for the store supplied after the date of coming into force of such deduction or sale or offer, shall stand correspondingly reduced. I/We further undertake that in case of any down-ward revision 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 Enquiry for a further period of two years along with forfeiting the Performance security.
16 . I/We hereby undertake that our firm /company has Manufacturing/Marketing experience of last three financial years for the item(s) quoted in e-Tender. 17. I/We hereby undertake that I/We have Valid License for the items quoted in e-tender. 18. I/We hereby undertake that we have submitted necessary proprietary certificate for each proprietary item quoted by me/us in the tender. 19. I/we hereby undertake to abide by the terms and conditions of the contract modified from time to
time and I/we have signed all the papers of terms and conditions. 20. I/We hereby undertake that I/We have carefully perused the Terms and Conditions of the Rate Contract and accept the same. 21. I/We hereby undertake that our firm /company has successfully executed all the Rate Contract/ Tender(s) awarded to my/our firm/company by Govt. organization(s)/institution(s) during last three years i.e. w.e.f. April 2014 to March 2015,April 2015 to March 2016 & April 2016 to March 2017 and till date. 22. I/We hereby undertake and declare that none of my/our family members is/are working in ESI Corporation, Nor I/our family members superannuated/left/retired from the services of ESI Corporation in the last 01(one) year from the date of opening of the tender. 23. I/We hereby undertake and declare that the item(s) quoted in e-tender holds a warranty of three
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Years. I/We further undertake and declare that I/We shall replace/repair the item free of cost during the warranty period of the supplied item. 24. I/We hereby undertake and declare that the I/we shall provide proper fitting of hearing aid/ear tip/ear mould as per demand without any extra cost. 25. I/We hereby undertake and declare that I/We shall provide programming and re-programming of digital programmable hearing aids free of cost for a period of minimum 5 years. 26. I/we hereby undertake that if at any time, any information is found to be false, my/our tender/ contract is liable to be rejected at any stage by Director(Medical)Delhi, without assigning any reason.
Yours faithfully
(Signature of tenderer with stamp) (Authorized Signatory)
Verification: The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________. (Signature of Notary
with Full Name, date and stamp)
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Name of e-Tender: DMU -16/55/RC/Hearing Aids/2017/CS
Annexure”B”
Mandate form
Beneficiary’s customer’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. 9 digit code number of the Bank & branch
appearing on the MICR cheque issued by
6. Bank name
7. Bank name , Address, Telephone no.
8. IFSC (Indian financial service code)
9. Photocopy of cancelled cheque to confirm
correctness of IFSC 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 incomplete or incorrect information given by me as above, I would not hold the user
institution responsible.
Dated ___________ (___________________________)
Signature of the beneficiary/customer
Certified that the particulates furnished above are correct as per our records.
Bank’s stamp
Date ________________ (___________________________)
Signature of the authorized/official
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Name of e-Tender: DMU -16/55/RC/Hearing Aids/2017/CS
Annexure”C”
BANK GUARANTEE FORM FOR PERFORMANCE SECURITY
(At the time of award of contract)
To
Director (Medical) Delhi
E.S.I CORPORATION
WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter
called the supplier) has undertaken, in pursuance of contract No. DMU-16/55/ RC/ Hearing Aids /2017/CS Dated
________to supply Hearing Aids (herein after 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 commercial bank recognized by you for the sum specified therein as security for
compliance with 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 Rs.500000/-(Five Lakh for L-1 preference)/Rs.100000/-(One Lakh for L-2/L-3 Preferences)( fill
whichever applicable)
,and we undertake to pay you , upon your first written demand declaring the supplier to be in default under
control 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 up to 36 (Thirty Six) months from the date of award of Rate contract i.e. up to
__________________(indicate date).
…………………………………………………………….
(Signature with date of the authorized officer of the bank)
………..…….…………………………………………………
(Name & designation of officer)
{(Seal ,Name & Address of the bank and address of the branch
along with e-mail address of the issuing officer}
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Name of e-Tender: DMU -16/55/RC/Hearing Aids/2017/CS
Annexure”D”
Lowest Rate Certificate
(On letter head of the firm)
We hereby undertake that rates offered by me/us in the ESIC Rate Contract for Hearing Aids are the lowest rates offered to any Government organization/Institution, and no other Government organization/Institution has been offered rates lower than those being offered herein. We further undertake that in case there is any down-ward revision, the 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 Enquiry for a further period of two years along with forfeiting the earnest money/security deposit.
For and behalf of the firm
(Firm Name & Address)
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Name of e-Tender: DMU -16/55/RC/Hearing Aids/2017/CS
Annexure”E”
Authority letter
(On Letter head of the Firm/ Company)
Date: ______________
(Authority letter to be issued by the manufacturer/Marketer for appointing Distributor/ Dealer/ Agent etc.) I/we the undersigned who is/are authorized signatory/signatories of the *manufacturing firm /marketing firm M/s._______________________________________________________________________________ Address ______________________________________________________________________________________ Do hereby Authorize M/s. _______________________________________________________________________ Address______________________________________________________________________________________ to supply items/drugs/collect the orders/raise the bills for the items *manufactured/marketed by me/us. I/we have not authorized any other Distributor/ Agents/Dealer etc. for this purpose. I/we have gone through all the terms and conditions of the tender and will be binding on me/us and also on the Distributor/Dealer/Agent M/S.______________________________________________________ appointed by me/us during the whole contract period including extension period of the said contract. Authorized signatory of the manufacturing firm/ company (Rubber stamp) *(Strike out whichever is not applicable)
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Name of e-Tender: DMU -16/55/RC/Hearing Aids/2017/CS
Annexure”F”
CHECK LIST OF THE DOCUMENTS [ONLINE/HARD COPY WHICHEVER APPLICABLE]:
1) Hard Copy of Original Demand Draft /Banker’s Cheque of Rupees 200000/-(Rupees Two Lakh) as EMD. 2) Hard Copy of Affidavits as per clause 5, NB.- 5.1 (if applicable) under Instruction to bidders. 3) Scanned copy of Covering letter clearly indicating the list of enclosures.
4) Scanned copy of VAT/GST registration certificate. 5) Scanned copy of Financial report (Balance sheet, profit & loss account Clearly indicating the turnover of Rupees One Crore or above) of last three Financial years (i.e.2013-14,2014-2015,2015-16)duly audited by Chartered Accountant. 6) Scanned copy of Undertaking of the firm as per Annexure- A. 7) Scanned copy of Mandate form as per Annexure-B. 8) Scanned copy of Lowest Rate Certificate as per Annexure-D. 9) Scanned Notarized copy of Valid Import License for the imported items quoted in tender (if applicable). 10) Scanned copy of Duly filled Technical bid for List of items quoted with specifications as per table – I (Annexure-S) ( Also To be filled online). 11) Scanned copy of Supportive documents (Catalogues/Detailed literature of quoted models). 12) Scanned copy of Past performance of being in business of Hearing Aid in last three years(preferably of any Govt. Institution). 13) Scanned copy of Authority letters of Manufacturer as per Annexure-E. 14) Price bid as per TABLE-II in Annexure-P (To be filled online). 15) Scanned copy/Hard Copy of any other document as required.
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Name of e-Tender: DMU-16/55/RC/Hearing Aids/2017/CS
Annexure ”S”
V. Specifications & Allied Technical Details
LIST OF ITEMS AND THEIR SPECIFICATIONS
Hearing Aids are to be quoted in following categories of Hearing Loss
1. Mild Hearing Loss
2. Moderate Hearing Loss
3. Severe to Profound Hearing Loss
1. For Mild Hearing Loss, quoted item should be for:-
A. Analogue (Body Worn)
B. Analogue (Behind the ear)
2. For Moderate Hearing Loss, quoted item should be for:-
A. Analogue (Body Worn)
B. Analogue (Behind the ear)
3. For Severe to Profound Hearing Loss, quoted item should be for:-
I. Analogue
A. Analogue (Body Worn)
B. Analogue (Behind the ear)
II. BTE Digital/Programmable
TERMS & CONDITIONS for the items quoted
i. Hearing Aid should be supplied with Hearing Analysis Report, accessories. ii. Provision of Custom made ear moulds & proper fitting, if required to be provided by the supplier. iii. Each hearing aid should be supplied with one compatible battery and One extra cord. iv. Each hearing aid box must contain compatible ear tips of different sizes and other accessories. v. One year guarantee will be given to customers against manufacturing defects. The manufacturers will make facilities available for repair/replacement of Hearing aids, including giving free service to customers during the period of repair under the guarantee. The implementing agencies will get this done on behalf of the consumers. Each Hearing Aid must be supplied with Guarantee Card with Dealers Stamp, address and contact Number(s). vi. The Hearing Aid should be IS/BIS/CE (European certification)/US FDA approved. a) Battery polarity marking on the battery compartment of the hearing aids should be indelible. b) Each hearing aid shall be indelibly and clearly marked with the following information: 1. Name and trade mark of the manufacturer. 2. Model and serial No. of the hearing aid 3. Class of hearing aid
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4. Marking of control setting should be done. vii. The random checking of hearing aids supplied by the manufacturer will be carried out and any manufacturer supplying hearing aids not adhering to tender specifications would be viewed seriously and necessary action will be taken. viii. The supplier has to agree to allow to physical inspection and checking for operation by consignee before acceptance and payment. The supplier will supply the hearing aid with proper labeling mentioning the name of the person for whom supply order is placed, along with insurance no. and name of the dispensary. ix. All the hearing aid(s) will bear an indelible stamp marked “ESIC” supply NOT FOR SALE. x. Proper fitting of hearing aid / Ear tips/ Ear moulds as per prescription is sole responsibility of the dealer without charging any extra cost and cost of ear mould (s)should be included in the quoted rates of hearing aid. xi. Programming and re-programming at later stage if required of the digital programmable Hearing Aids is the sole responsibility of the tenderer and the cost if any for Digital Hearing Aid Trial and programming/reprogramming should be included in the Quoted rates of the Digital Hearing Aid(s). xii. All the eligible Bidders have to physically demonstrate the quoted Model of hearing Aids before the Technical Evaluation Committee as and when asked for and the selected model will be retained during the currency of the Rate Contract . xiii. For items quoted under severe to Profound Hearing Loss, the number of items quoted for (I)Analogue and (II)BTE Digital/Programmable should be preferably similar in number in each category, with a maximum deviation of 10% in either category .
Recommended
