FOR SUPPLY OF SURGICAL CONSUMABLES, READYMADE CLOTH …

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GOVERNMENT OF ANDHRA PRADESH

* * * * *

Web site: https://tender.apeprocurement.gov.in

TENDER DOCUMENT (e – Procurement)

FOR

THE FINALIZATION OF RATE CONTRACT

FOR SUPPLY OF SURGICAL CONSUMABLES, READYMADE CLOTH ITEMS FROM

MANUFACTURES / AUTHORIZED DISTRIBUTORS / DIRECT IMPORTERS

FOR THE PERIOD 2018-2020

to CENTRAL MEDICINE STORES (CMS)

(LOCATED IN ALL 13 DISTRICTS IN THE STATE OF ANDHRA PRADESH)

Tender Notice No: 29(18-19)/APMSIDC/Medicine Wing/2018-20,

Dt: 08.10.2018

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Implementing Agency:

ANDHRA PRADESH MEDICAL SERVICES & INFRASTRUCTURE DEVELOPMENT CORPORATION (APMSIDC)

(Formerly APHMHIDC)

(AN ENTERPRISE OF GOVT. OF A.P.)

APMSIDC, Plot No.9, Survey No.49, IT Park, Mangalagiri,

Guntur District – 522 503.

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SECTION - I: INVITATION FOR BIDS (IFB)

GOVERNMENT OF ANDHRA PRADESH

ANDHRA PRADESH MEDICAL SERVICES & INFRASTRUCTURE DEVELOPMENT CORPORATION (APMSIDC)

Tender Notice No. 29(18-19)/APMSIDC/Medicine Wing/2018-20,

Dt: 08.10.2018

Bids are invited on the e-procurement platform from the manufacturers

who have quality certification or direct importers or authorized distributors

who have GST Registration in Andhra Pradesh Only to enter into a Rate

Contract (R.C) for 2018-20 for supply of surgical consumables to all the

Central Medicines Stores (13) located in all the District Head Quarters in

the State of A.P. The details of bidding conditions and other terms can be

downloaded from the electronic procurement platform of Government of

Andhra Pradesh i.e. https://tender.apeprocurement.gov.in

Bidders would be required to register on the e-procurement market

place “www.apeprocurement.gov.in” and submit their bids online.

1. a). The bidders should have a minimum annual turnover during

last three financial years (2014-15, 2015-16 and 2016-17) of Rs.1

crore for each year for MSMEs of A.P. and not less than Rs. 2 Crores

for all the other bidders, in each year. The evidence of Turnover

should be supported by a certificate from a Chartered Account.

b). In case of authorized distributors, the above turnover shall be

Rs.10 Lakhs per annum.

2. The Bidder who participates in the tender should upload the following

scanned Certificates/documents Online.

i) Tender Processing Fee of Rs.5,625/- in the shape of Bank Draft

drawn in favour of Managing Director, APMSIDC, Mangalagiri

(Scanned Copy).

ii) Valid manufacturing license/Licenses for manufacturing the

products issued by concerned authorities.

iii) Valid import license if the product is imported.(Under Form – 10 in

case of items notified as drugs)Valid Product license (For items

https://tender.apeprocurement.gov.in/

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notified as Drugs it is from DCA/DCG(I) and for Non Drug items it is

from concerned statutory Departments).

iv) Valid licenses for distribution of products ( in case of authorized

distributors wherever applicable) (For items notified as Drugs it is

from DCA and for Non Drug items it is from concerned statutory

Departments).

v) Valid Authorization as per law from the manufacturer if the bid is

quoted by distributor.

vi) Annual turnover certificate (Consolidated report) issued by a Charted Accountant

vii) The Earnest Money Deposit (EMD) is for Rs.3.00 lakhs to each firm.

The Earnest Money Deposit shall be paid in the form of Demand

Draft drawn in favour of Managing Director, APMSIDC, Mangalagiri, Guntur district along with bids.

viii) a). Non Conviction Certificate (NCC) stating that the firm has not

been convicted during the last 3 years issued on or after

30-06-2018 by DCA should be submitted for products notified as drugs.

b). In case of authorized distributors, NCC should be submitted for distributor as well as for the manufacturing company in case of

drugs only.

c). NCC shall contain the Drug License number in case of drug

related products and GST license number for other items.

ix) Notarized affidavit on Rs.100/- Non-Judicial Stamp paper should be

submitted for the gap period from to date of issue of NCC to bid

submission date, given by the Proprietor/Managing Partner/

Managing director/ Director who is authorized by the board of

directors as per the existing provisions of the companies act of the

bidding firm stating that their firm has not been convicted during

the period from the date of issue of NCC to the date of bid uploading

and will submit the certificate to that effect from the concerned

issuing authority in case their firm qualifies in the bid and enters

into agreement with the corporation for supply of products on rate

contract.

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x) Scanned copy of Notarized affidavit on Rs.100/- Non-Judicial Stamp

paper given by the Proprietor/Managing Partner/ Managing

director/ Director who is authorized by the board of directors as per

the existing provisions of the companies act of the bidding firm

stating that their firm/bided products has not been blacklisted by

any procuring agency in the country in terms of quality issues and

submission of fabricated/forged documents/default supplies. If the

declaration is proved to as false the firm shall pay Rs.1,00,000/-

(Rupees one lakh only) as penalty to APMSIDC in addition to legal

action for cheating/misleading the corporation. If stood L1 and the

firm or any product of the firm is blacklisted by any of the other

procurement agencies during the period of rate of contract , the

same shall be intimated to APMSIDC immediately failing which the

penal actions mentioned in this paragraph shall be binding.

xii) scanned copy of a notarized affidavit on Rs.100/ -non judicial stamp

paper given by the proprietor /managing partner / managing

director / director who is authorized by the board of directors of the

company as per the existing provisions of the companies act stating

that “Any document submitted by the firm either in Online or Offline

for the tender ,if found to be Forged / Fabricated/ Erroneous / False

, the Firm will be liable for blacklisting along with forfeiture of EMD.

If the firm is exempted from EMD the amount equivalent to the same

will be paid by the firm as penalty to APMSIDC, in addition to this

the APMSIDC can initiate legal action as per law”.

xiii) Valid GMP certificate as per the provisions of Schedule “M” issued

by the concerned D.C.A. and for importers WHO GMP certificate or a

certificate which is on par with the provisions of WHO GMP issued

by the concerned licensing authority of the imported country in case

of products notified as drugs. The certificate should be valid as on

the date of participating in the bid. (If GMP / WHO GMP validity

period is not mentioned in the certificate, it is treated as one year

validity for GMP and 2 years validity for WHO GMP from the date of

issue of certificate).

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xiv). Scanned copy of List of Directors downloaded from the Ministry of

company affairs website on the date of uploading the bid documents

xv) Authorization of a senior responsible Person of the company with

an authority to transact business as per the provisions of Companies

Act.

xvi) Performance statement giving the details of past performance of the

bidder on the items quoted (as per Section – XI).

xvii) Check list along with page number for each page.

3. Documents to be submitted in offline:-

All the documents uploaded in the online shall be submitted in the

offline. Technical evaluation will be done with the documents uploaded in

the online only. In addition to these documents the following documents shall also be submitted in the offline

a) Demand draft in respect of Tender processing fee i.e. Rs 5,625/- b) Demand draft in respect of Earnest Money Deposit (EMD) i.e.

Rs 3, 00,000/- c) Audited Balance sheets of the last three financial years, 2014-15 ,

2015-16 and 2016-17 issued by Chartered Accountant.

d) Memorandum and Articles of Association of the company/ Copy of Registered Partnership deed of the firm duly attested by a Gazetted

officer only. e). Self declaration of production capacity of each section for

two months on single shift basis for each product. If the production

capacity is lower than the requirement then the extra requirement shall be procured from other bid participants who has the production capacity if the L1 price is matched by the firm.

f). Self declaration of Batch size for each quoted product. g). Copy of any document issued by State / Central Government towards

proof as proprietor/managing Partner/Managing Director of the bidding firm duly attested by Gazetted Officer.

All the above documents should reach physically to APMSIDC on or before

26.11.2018 at: 5:00 PM and Cover should be super scribed with Tender Notice

Number.

4. The rate quoted per unit should be inclusive of all taxes, all other levies and

duties etc., packing, forwarding to Free On Road (FOR) destination at various

locations in

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A.P., India including Insurance, Storage, Transportation Loading, Unloading,

License fee, Octroi, Road permits etc. The Basic Price Should include all levies

and duties etc., packing, forwarding to Free On Road destination at various

locations in A.P., India including Insurance, Storage, Transportation Loadings,

Unloading, License fee, Octroi, Road permits etc. If there is any variation in the

GST during the contract period, the same will be taken into account and the

rates will be revised accordingly.

5. The Participant Bidders have to submit their bids online at

https://tender.apeprocurement.gov.in

6. The Bidders have to scan the above particulars and submit online at

https://tender.apeprocurement.gov.in on 23.11.2018 by 5.00 P.M.

Indian Standard Time (IST).

7. All the bidders should quote their rate in Indian Currency only.

8. Details of the Tenders Scheduled are as follows:

i. Downloading of tender document: From 14.11.2018 to 23.11.2018

at 12:00 PM.

ii. Due date for Receipt of „Online‟ tenders: 23.11.2018 up to 5.00 P.M.

iii. Due date for receipt of „Hard Copies : 26.11.2018 up to 5.00 P.M.

iv. Time and date of opening of „Online‟ technical bids. 23.11.2018 at

5.01 P.M.

v. Tender sample submission: Samples shall be submitted by all bidders

along with the offline documents. i.e. on or before 26.11.2018 up to

5:00 P.M.

vi. The details of tender conditions are attached for guidance for quoting the

rate.

9). Objections:

Any objections on the documents of other bidders shall be accepted up to

5:30 P.M. of 23.11.2018. After that no objections shall be accepted by the

corporation.

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SECTION - II : INSTRUCTIONS TO BIDDERS

A. Introduction

1. Source of funds:

The funds are made available by the State Government of Andhra Pradesh

through its regular budgetary provisions towards the procurement of the

surgical items and other goods processed under this tender notification.

2. Eligible Bidder

2.1 This invitation for Bids is open to all the eligible manufacturers, authorized

Distributors, and the direct importers holding valid import license, who fulfill the

eligibility criteria mentioned in the Clause 13 and who meet pre-qualification

criteria mentioned in the Section VI. Loan Licensees and Third Party

licensees are not eligible to participate in the Bidding.

3. Eligible Goods and services

3.1 All surgical items to be supplied under the contract shall have their origin in

eligible source country.

3.2 The origin of goods and services is distinct from the nationality of the bidder.

4. Cost of bidding

4.1 The Bidder shall bear all costs associated with the preparation and

submission of its bid, and the Managing Director, APMSIDC, Mangalagiri here in

after referred to as " the purchaser", will in no case be responsible or liable for

these costs, regardless of the conduct or outcome of the bidding process.

B. The Bidding Documents

5. Content of Bidding Documents

5.1 In addition to the Invitation for Bids, the bidding documents include:

(a) Instruction to Bidders; (b) General conditions of contract; (c) Special conditions of contract;

(d) Schedule of requirements; (e) Technical specifications;

(f) Bid form;

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(g) Commercial bid with price schedules; (h) Bid security form; (i) Performance security form.

(j) Performance statement form. (k) Declaration Form (l) Check List of the documents to be uploaded on e-platform

5.2 The bidder is expected to examine all instructions, forms, terms and

specifications in the bidding documents. Failure to furnish all information

required by the bidding documents or submission of a bid not substantially

responsive to the bidding documents in every respect will be at the bidders

risk and may result in rejection of its bid.

6. Clarification of bidding documents (Pre-bid Meeting):

6.1 With a view to obtain maximum number of competitive bids and to make the

procurement process more transparent by widely addressing all the concerns

of the prospective bidders and also to obtain their feedback on the tender.

7. Amendment of bidding documents

7.1 At any time prior to the deadline for submission of bids, the purchaser

may, for any reason, whether at its own initiative or in response to a

clarification requested by prospective bidder, modify the bidding

documents by amendment.

7.2 There will not be any individual communication in respect of general

notices and amendments etc. The amendment will be notified online on

the procurement website.

7.3 In order to afford prospective Bidders reasonable time in which to take the

amendment into account in preparing their bid, the purchaser may, at its

discretion, extend the deadline for the submission of bids.

C. Preparation of Bids

8. Language of Bid.

8.1. The Bid prepared by the Bidder and all correspondence and documents

relating to the bid exchanged by the bidder and the purchaser, shall be

written in the English language, provided that any printed literature

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furnished by the Bidder may be written in another language so long as

accompanied by an English translation of its pertinent passages in which

case, for purposes of interpretation of the bid, the English translation shall

govern.

9. Documents comprising the bid

9.1 The bid prepared by the bidder shall comprise the following separate components:

Part A: Technical Bid:

(a) A Bid form completed in accordance with clause 10

(b) Documentary evidence established in accordance with clause 13 that the bidder is eligible to bid and is qualified to perform the contract if its bid is accepted.

(c) Documentary evidence to establish that the surgical items and other

goods to be supplied by the Bidder are eligible goods and services confirm to the Bidding documents; and

(d) Bid security furnished in accordance with clause 15.

Part B: The Commercial Bid completed in accordance with clauses 11 and 12.

10. Bid Form

10.1 The Bidder shall complete the bid form provided in the bidding documents,

indicating for the surgical items to be supplied, and brief description of the

surgical items, their country of origin and quantity and other declaration

statements (Bid form as per Section –VII (A).

11. Bid prices.

11.1 The Bidder shall indicate on the appropriate price schedule, made

available in the e-procurement platform (a model format is also attached to

these documents), the unit prices and total bid prices of the surgical items

it proposes to supply under the rate contract, for each item separately.

Model Price Bid format available on the e-procurement platform is as per

Section –VII (B). The bids shall be submitted for the full quantity indicated

against each item.

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11.2. The price of the surgical items as delivered, to include all duties and sales

and other taxes including local transportation and all incidental charges

associated with the contract.

11.3 The Bidder's separation of the price components in accordance with Para

11.2 above will be solely for the purpose of facilitating the comparison of

bids by the purchaser and will not in any way limit the purchaser's right

to contract on any of the terms offered.

11.4 The price quoted by the Bidder shall be fixed during the Bidder's

performance of the contract and not subject to variation on any account,

except for the changes due to the changes made in the Tax structure by

the Government by statute. A bid submitted with an adjustable price

quotation will be treated as non-responsive and rejected.

11.5 The price quoted by the Bidders shall not in any case, exceed the controlled

price, if any fixed by Central / State Government and the maximum retail

price [MRP]. Further a Supplier found being supplied similar items to any

other agency / State in the country during the validity of the contract with

the APMSIDC, at a rate lower than the rate at which they supplied under

this tender, the difference amount is liable to be recovered. The Bidders

indulging in these types of activities will be “blacklisted” for a period of 2

years, immediately succeeding the RC year.

11.6 The APMSIDC at its discretion, will exercise, the right to revise the price at

any stage so as to confirm to the controlled price or MRP as the case may

be. This discretion will be exercised without prejudice to any other action

that may be taken against the Bidder.

12. Bid currencies.

12.1 Prices shall be quoted in Indian Rupees. Bids quoted in other currency will

be rejected.

13. Documents Establishing the Eligibility and Qualifications.

13.1 Pursuant to clause 9, the bidder shall furnish, as part of its technical bid,

documents establishing the bidder‟s eligibility and qualifications.

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13.2 The documentary evidence of the Bidder's eligibility to bid and have

qualification to perform the contract shall establish to the purchaser‟s

satisfaction that the bidder, at the time of submission of the bid, is an

eligible and qualified bidder as defined under clause 2. In this regard the

Bidder should furnish the following:

(i) The details of legal status, place of registration and principle place of business of the company or firm or partnership etc.

(ii) The details of past performance of the bidder on specified item offered in the

bid and details of current contracts in hand and other commitments

(suggested proforma given in Section XI);

(iii) The Copies of GST registration and Valid PAN/TIN details.

(iv) The details in compliance to the Qualification Criteria (Section VI).

13.3 The check list for the details of all the eligibility documents to be uploaded

(to be submitted) is given at Section- XIII

14. Documents Establishing Goods Eligibility and conformity to bidding documents.

14.1 Pursuant to clause 9 the bidder shall furnish, as part of its bid,

documents establishing the eligibility and conformity to the bidding

document of all goods and services which the bidder proposes to supply

under the contract.

14.2 The documentary evidence of the goods and services eligibility shall

consist and of statement in the price schedule on the country of origin of

the goods and services offered which shall be confirmed by a certificate of

origin at the time of shipment.

14.3 The documentary evidence of the goods and services conformity to the

bidding Documents may be in the form of literature, drawings and data,

and shall furnish:

(a) A detailed description of the goods essential technical and

performance characteristics of the goods.

(b) A clause by clause commentary on the purchaser technical

specifications demonstrating the goods and services substantial

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responsiveness to those specifications or statement of deviations

and exceptions of the Technical specifications.

14.4 For purpose of the commentary to be furnished pursuant to clause 14.3

above, the bidder shall note that standards for workmanship, material and

goods, and references to brand names or catalogue numbers designated

by the purchaser in its technical specifications are intended to be

descriptive only and not restrictive. The bidder may substitute alternative

standards, brand name and / or catalogue numbers in its bid, provided

that it demonstrates to the purchasers satisfaction that the substitutes are

substantially equivalent or superior to those designated in the Technical

specifications.

15. Earnest Money Deposit (EMD). 15.1 Pursuant to Clause 9, unless exempted, the Bidder shall furnish, as part

of it bid, the Earnest Money Deposit (EMD) for the amounts specified in the Section I.

15.2 The Earnest Money Deposit (EMD).is required to protect the purchaser

against risk of bidders conduct which would warrant the security

forfeiture, pursuant to clause 15.7 15.3 The Earnest Money Deposit (EMD).shall be in Indian Rupees and in the

form of a Demand Draft/Pay Order in favour of Managing Director, APMSIDC, payable at Mangalagiri, Guntur District.

15.4 Any bid not secured in accordance with Para 15.1 and 15.3 above will be rejected by the purchaser as non-responsive during the evaluation of the bid..

15.5 Unsuccessful Bidder‟s Earnest Money Deposit (EMD). will be discharged/

returned as promptly as possible after entering into agreement with the L1

firm.

15.6 The successful Bidder‟s Earnest Money Deposit (EMD) will be discharged

upon the Bidders executing the contract, pursuant to clause 32 and furnishing the performance security pursuant to clause 33.

15.7 The Earnest Money Deposit (EMD) shall be forfeited;

(a) If a Bidder withdraws its bid after submitting the bid online and during the period of bid validity as specified by the Bidder on the Bid form ; or

(b) In case of successful Bidder, if the Bidder fails;

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(i) to sign the contract in accordance with clause 32 or

(ii) to furnish performance security in accordance with clause 33.

(c) If the Bidder does not accept the corrected amount the Bid will be

rejected, and the Bid security may be forfeited.

16. Period of validity of Bids.

16.1 Bids shall remain valid up to180 days after completion of the commercial

bid evaluation by the purchaser pursuant to Clause 19.1. A bid valid for

shorter period may be rejected by the purchaser as non-responsive.

16.2 In exceptional circumstances, the Purchaser may solicit the Bidders

consent to an extension of the period of validity. The request and the

responses thereto shall be made in writing (or by e- mail). The bid security

provided under clause 15 shall also be suitably extended. A bidder may

refuse the request without forfeiting its bid security.

17. Format and signing of Bid.

17.1 The bid shall be typed or written in indelible ink and shall be signed by the

Bidder or a person or persons duly authorized as per law to bind the

bidder to the contract. All pages of the bid, except for un-amended printed

literature, shall be initialed by the person or persons signing the bid.

17.2 The bid shall contain no interlineations, erasures or overwriting except as

necessary to correct errors and made by the bidder in which case such

corrections shall be initialed by the person or persons signing the bid.

D. Submission of Bids

18. Sealing and Marking of bids.

18.1 The bids shall be uploaded (submitted) electronically, as described in the

Invitation for Bids (Section –I). The hard copies of the bids in sealed covers

must be received by the Purchaser at the address specified above on or

before the due date of submission of bids (Section –I).

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18.2 The Bids shall be addressed to the purchaser at the following address:

The Managing Director, APMSIDC, Plot No.9, Survey No.49, IT Park,

Mangalagiri, Guntur District – 522 503

18.3 The Bids shall bear the name of the invitation for bids (IFB) and Number

and also the words "Do not open before 23.11.2018 up to 5.00 P.M”.

The envelopes shall indicate the name and address of the Bidder to enable

the bid to be returned unopened in case it declared “late".

18.4 If the envelope is not sealed and marked as required by Para 18.2 and

18.3 above, the purchaser will assume no responsibility for the bids

misplacement or premature opening.

19. Deadline, for submission of bids.

19.1 The Bids (both electronic and hard copies) must be received by the

purchaser, no later than the time and dates specified in the Invitation for

Bids (Section I). In the event of the specified date for the submission of

Bids being declared a holiday for the purchaser, the Bids will be received

up to the appointed time on the next working day.

19.2 The purchaser may, at its discretion, extend this deadline for submission

of bids by amending the bid documents in accordance with clause 7, in

which case all rights and obligations of the purchaser and bidders

previously subject to the deadline will thereafter be subject to the deadline

as extended.

20. Late Bids.

20.1 Any bid received by the purchaser after the deadline for submission of bids

prescribed by the purchaser, pursuant to clause 19, will be rejected and/

or returned unopened to the Bidder.

21. Modification and Withdrawal of Bids.

21.1 No bid may be modified subsequent to the deadline for submission of bids.

No bid may be withdrawn in the interval between the deadline for

submission of bids and the expiration of the period of bid validity specified

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by the Bidder on the Bid form. Withdrawal of bid during this interval shall

result in the Bidders forfeiture of its bid security , pursuant to Clause

15.7.

21.2 If any bidder withdraws his bid after the closing date of the tender and

also during the tender process, the EMD will be forfeited

E. Bid Opening and Evaluation

22. Opening of Bids by Purchaser

22.1 The Purchaser or its authorized representative will download the technical

bids on the date specified in the Section I (Invitation for Bids).

22.2 Technical Evaluation Committee headed by DME can evaluate the Bid

documents of the firms.

22.3 The Financial Bids of the technically responsive bidder would be

downloaded subsequently from the e-platform, once the technical

evaluation is completed.

23. Clarification of Bids.

23.1 To assist in the examination, evaluation and comparison of bids the

purchaser may at his discretion, ask the Bidder for clarification of his bid.

The request for clarification and the response shall be in writing and no

change in price or substance of the bid shall be sought, offered or

permitted.

24. Technical Evaluation (Preliminary Examination and Pre-Qualification)

The procurement process consists of three stages: 1) Technical Bid

Evaluation 2) Sample evaluation and 3) Commercial Bid Evaluation.

The first two stages are part of the Technical Evaluation and last is the

part of Commercial Evaluation, to be taken up for the technically eligible

and qualified bidders.

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24.1 As part of the Technical Bid Evaluation, the purchaser will examine the

bids to determine whether they are complete, whether required documents

have been furnished, and whether the bids are generally in order.

24.2 At this stage, the purchaser will determine the responsiveness of each bid

to the bidding documents. The purchaser‟s determination of bids

responsiveness is to be based on the contents of the bid itself without

recourse to extrinsic evidence. However, the disqualification of the bids

could be based on any extrinsic evidence brought to the notice of the

Purchaser any time till the signing of Contract, by treating that the Bidder

had concealed the information by not disclosing it to the Purchaser.

24.3 Further the purchaser will determine to his satisfaction whether the

Bidder is qualified to satisfactorily perform the contract. The determination

will take into account the Bidder's financial, technical and production

capabilities. It will be based upon an examination of the documentary

evidence of the Bidder‟s qualifications submitted by the Bidder pursuant

to clause 13 as well as such other information as the purchaser deems

necessary and appropriate.

24.4 The Purchaser may further take up Factory Inspections by technical

teams, with main objective to confirm that the firms are fully complying

with the good manufacturing practices and following standard operating

procedures.

24.5 The Purchaser may waive any minor informality or non-conformity or

irregularity in a bid which does not constitute a material deviation,

provided such a waiver does not prejudice or affect the relative ranking of

any bidder.

24.6 An affirmative determination at these two stages will be prerequisite for

the opening of the financial bids. A negative determination will result in

rejection of the Bidder‟s bid.

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25. Opening of Commercial Bids:

25.1 Following the technical evaluation, the commercial bids (price bids) of all

the eligible and qualified bidders will be opened and downloaded from the

e-procurement platform. The commercial details are visible to all the

qualified bidders.

25.2 The reasons for the disqualification and non-responsiveness to the bid

conditions are also available to the technically rejected bids.

26. Evaluation and comparison of Bids. (Commercial evaluation)

26.1 The Purchaser will evaluate and compare bids previously determined to be

responsive and qualified for the contract, pursuant to clause 24, for each

item separately.

26.2 The purchaser‟s evaluation of a bid will take into account; the bid price,

which to include all costs as well as duties and taxes paid or payable and

cost of inland transportation, and other costs incidental to the delivery of

goods to their final destination

26.3 All the price bids without any unacceptable conditions will be considered

by the Corporation for finalizing the Rate Contract. Price Bids without

mentioning the units / strength or with altered unit / strength shall be

treated as non-responsive and rejected.

26.4 All the accepted bids from the bidders will be ranked, on the ascending

order of the prices offered.

27. Contacting the Purchaser.

27.1 Subject to clause 23, no Bidder shall contact the purchaser on any matter

relating to the bid, from the time of the bid opening to the time, the

contract is awarded.

27.2 Any effort by a Bidder to influence the Purchaser in the purchaser's bid

evaluation, bid comparison or contract award decisions may result in

rejection of the Bidders bid.

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F. Award of Contract

28. Award Criteria

29.1 After the conclusion of Commercial Bid evaluation, all the lowest bids are

considered for negotiation and rate arrived after negotiation is declared as

„L1 rate‟ and the bidder/s offering the L1 rate for an item or items of

surgical items for which the tender has been invited shall be called as „L1

Bidder/s‟. A provisional rate contract list will be published with the lowest

negotiated rates (L1 rate), on the website and may also be placed on the

Notice Board of the Corporation.

29. Purchaser‟s right to vary quantities

29.1 The purchaser reserves the right, at the time of award of contract/during

the period of contract, to increase or decrease to any extent of the quantity

of goods specified in the schedule of requirements without any change in

price or other terms and conditions.

30. Purchaser‟s right to accept any Bid and to reject any or all Bids.

30.1 The purchaser reserves the right to accept or reject any bid and to annul

the bidding process and reject all bids at any time prior to award of

contract, without there by incurring any liabilities to the affected Bidder or

Bidders or any obligation to inform the affected Bidder or Bidders on the

grounds for the Purchaser's action.

30.2. Further it informed that the lowest price offered is not the sole criteria for

selecting the supplier / product. The two bid system, followed in the tender

has been designed to make the tender process more scientific and

transparent, and to eliminate those suppliers/products which do not

match the eligibility criteria, product specification and manufacturing

process requirements, and manufacturing with proper licenses.

31. Notification of Award.

31.1 Prior to the expiry of the period of the bid validity, the purchaser will notify

all the successful bidders including the „L1 Bidders‟ in writing, duly

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confirming that their bids have been accepted for placing on the Rate

Contract.

31.2 Upon the successful bidders furnishing of performance security, pursuant

to clause 33, the purchaser will promptly notify each unsuccessful Bidder

and will discharge their bid security, pursuant to clause 15.

32. Signing of contract

32.1 On receipt of the notification of award the successful Bidders shall sign the

contract, without any delay and within 15 days of the notification of the

award (contract form at Section -IX). Once the „L1 Bidders‟ sign the

contract and furnish requisite performance security, and then onwards

they will be called „L1 Suppliers‟.

33. Performance security

33.1 Within 15 days of the receipt of notification of award from the purchaser,

the successful Bidder shall furnish the performance security in accordance

with the conditions of contract, in the performance security form provided in

the Bidding documents or another form acceptable to the purchaser and

signs the agreement (Section –X)

33.2 Failure of the successful Bidder to comply with the requirement of clause

32 and clause 33.1 shall constitute sufficient grounds for the annulment of

the award and forfeiture of the bid security, in which event the purchaser

may make the award to the next lowest evaluated bidder or call for new bids.

34. Purchase orders

34.1 The „L1 Supplier/s is/are entitled to be placed the purchase orders for the

surgical items up to the bid quantity and if there are more than one „L1

supplier‟, the purchase orders will be placed among them in equal

proportions. Any time during the period of Rate Contract, a purchase order

is placed even exceeding the bid quantity, the Supplier shall accept and

fulfill all the contractual obligations.

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34.2

If the successful bidder fails to execute the agreement and / or deposit the

required security within the time specified or withdraws his bid after the

intimation of the acceptance of his bid has been sent to him or other

reasons, he is unable to undertake the contract, his contract will be

cancelled and the Earnest Money Deposit shall stand forfeited to the

Andhra Pradesh Medical Services & infrastructure Development

Corporation and he will also be liable for all damages sustained by the

Managing Director, Andhra Pradesh Medical Services & infrastructure

Development Corporation,

If the bidder by any reasons of breach, such as failure to supply/delayed

supply, including the liability to pay any difference between the prices

accepted by him and those ultimately paid for the procurement of the

articles concerned. Such damages shall be accessed by the Managing

Director, Andhra Pradesh Medical Services & infrastructure Development

Corporation whose decision is final in the matter.

If the successful bidder fails to supply the total quantity of the product in

the purchase order, 10% of unexecuted quantity value will be levied as

penalty in addition to withholding the value of the unexecuted quantity

from the pending bills for payment till the procurement of the of the

executed quantity is completed either from the successful bidder or from

the open source as decided by the corporation.

If any articles or things supplied by the bidder have been partially or

wholly used or consumed after supply and are subsequently found to be in

bad order, unsound, inferior in quality or description or are otherwise

faulty or unfit for use, then the contract price or prices of such articles or

things will be recovered from the bidder, if payment had already been

made to him. Otherwise the bidder will not be entitled to any payment

whatsoever for such article. For infringement of the stipulations of the

contract or for other justifiable reasons, the contract may be terminated by

the Managing Director, Andhra Pradesh Medical Services & infrastructure

Development Corporation and the bidder shall be liable for all the losses

sustained by the Andhra Pradesh Medical Services & infrastructure

21

Development Corporation in consequence of the termination which may be

recovered personally from the bidder from his properties, as per rules.

In the event of supplies declared as NSQ, contract with the bidder will be

suspended and purchases made from alternative suppliers. Such Firm

may be black listed for three (3) years beginning from the year following

the one in which defective supplies was detected. The bidder shall also be

liable for action under criminal law and the matter shall be notified to the

concerned Licensing authority of the Drugs Control Administration.

In all the above conditions, the decision of the Managing Director, Andhra

Pradesh Medical Services & Infrastructure Development Corporation shall

be final and binding.

In the event of any dispute arising out of the bids such dispute would be

subject to the jurisdiction of the Civil Courts within the city of Mangalagiri,

Guntur dt./Guntur.

If any „Supplier/s‟ has not accepted the purchase order placed either up

to the bid quantity or more than the bid quantity as the case may be, or

failed to supply the required surgical items i.e., initial 50% and balance

50% quantities within the time permitted with liquidated damages as the

case may be, the Corporation will cancel the purchase orders for the

„unexecuted‟ part. For this the Corporation will place purchase orders with

the L2 firm or with other lowest bidder. If no listed bidder accepts to

supply the product, the corporation will have the right to purchase from

the open market as situation demands. The corporation recovers the cost

difference i.e. the cost difference between rate contract agreement rate and

the procured rate from the L1 firm/firms.

35. Fraud and corruption

It is the Purchaser‟s policy that requires that the bidders, suppliers and

contractors observe the highest standard of ethics during the procurement

and execution of such contracts. In pursuance of this policy, the Purchaser:

(a) Defines, for the purposes of this provision, the terms set forth below as follows:

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(i) “Corrupt practice” is the offering, giving, receiving or soliciting, directly or

indirectly, of anything of value to influence improperly the actions of another

party;

(ii) “fraudulent practice” is any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or attempts to

mislead, a party to obtain a financial or other benefit or to avoid an

obligation;

(iii) “Collusive practice” is an arrangement between two or more parties

designed to achieve an improper purpose, including influencing improperly

the actions of another party;

(iv) “Coercive practice” is impairing or harming, or threatening to impair or

harm, directly or indirectly, any party or the property of the party to

influence improperly the actions of a party;

(v) “obstructive practice” is deliberately destroying, falsifying, altering or

concealing of evidence material to the investigation or making false

statements to investigators in order to materially impede a investigation into

allegations of a corrupt, fraudulent, coercive or collusive practice; and/or

threatening, harassing or intimidating any party to prevent it from disclosing

its knowledge of matters relevant to the investigation or from pursuing the

investigation

(b). will reject proposal for award if it determines that the bidder considered

for award has, directly or through an agent, engaged in corrupt, fraudulent,

collusive, coercive or obstructive practices in competing for the contract in

question;

(c). Will cancel the contract if the purchaser determines at any time that the

bidder, supplier and contractors engaged in corrupt, fraudulent, collusive, or

coercive practices.

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(d). will sanction a firm or individual, including declaring ineligible, either

indefinitely or for a stated period of time, to be awarded a contract if it at any

time determines that the firm has, directly or through an agent, engaged in

corrupt, fraudulent, collusive, coercive or obstructive practices in competing

for, or in executing, a contract; and

(e). Will have the right to inspect the accounts and records of the bidders,

supplier, and contractors and to have them audited by auditors appointed by

the Purchaser

Section III: General Conditions Of Contract

1. Definitions

1.1 In this contract, the following terms shall be interpreted as indicated;

(a) "The contract or rate contract" means the agreement entered into

between the purchaser and the supplier, as recorded in the contract

form signed by the parties, including all the attachments and

appendices thereto and all documents incorporated by references

therein.

(b) “The contract Price" means the price payable to the supplier under

the contract for the full and proper performance of its contractual

obligations.

(c) “The goods" means the surgical items and / or other materials which

the Supplier is required to supply to the Purchaser under the

contract.

(d) "Services" means services ancillary to the supply of the goods, such

as transportation, insurance and any other incidental services, and

other obligations of the supplier covered under the contract.

(e) "The Purchaser or Corporation" means the APMSIDC, the

purchasing agency

(f) "The L1 Supplier" or “Matched L1 Supplier” means the individual or

firm supplying the goods under this contract.

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(g) “The Government” means the Government of Andhra Pradesh or its

authorized representatives

(h) “The Project Site”, where applicable means the place or places

named in Schedule of Requirements

(i) “Day” means calendar day.

2. Application

2.1. These General conditions shall apply to the extent that they are not

superseded by provisions in other parts of the contract.

3. Standards

3.1 The Goods supplied under this contract shall conform to the standards

mentioned in the Technical specifications and when no applicable

standard is mentioned the authoritative standard appropriate to the goods

country of origin shall be followed and such standard shall be the latest

issued by the concerned institution

4. Use of contract documents and Information

4.1. The supplier shall not without the purchaser‟s prior written consent,

disclose the contract or any provision thereof or any specification, plan,

drawing, pattern, sample or information furnished by or on behalf of the

purchaser in connection therewith to any person other than a person

employed by the supplier in performance of the contract. Disclosure to any

such employed person shall be made in confidence and shall extend only

so far as may be necessary for purposes of such performance.

4.2. The supplier shall not, without the purchasers prior written consent make

use of any document or information enumerated in Para 5.1 except for

purposes of performing the contract.

4.3. Any document other than the contract itself enumerated in Para 5.1 shall

remain the property of the purchaser and shall be returned (in all copies)

to the purchaser on completion of the suppliers performance under the

contract if so required by the purchaser.

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5. Patent Rights 5.1 The supplier shall indemnify the purchaser against all third party claims

of infringement of patent, trademark for industrial design rights arising

from use of the goods or any part thereof in India.

6. Performance Security

6.1 Within 15 days after the supplier‟s receipt of notification of award of the

contract, the supplier shall furnish performance security to the purchaser

for the amount specified in the special conditions of contract.

6.2 The proceeds of the performance security shall be payable to the

purchaser as compensation for any loss resulting from the supplier‟s

failure to complete its obligations under the contract.

6.3 The performance security shall be denominated in Indian Rupees and

shall be in the form of a Demand Draft in favour of Managing Director,

APMSIDC, Guntur.

6.4 The performance security will be discharged by the Purchaser and

returned to the supplier not later than 60 days following the date of

completion of the supplier‟s performance obligations, including any

warranty obligations.

7. Inspections and Tests.

7.1. The purchaser or his representatives shall have the right to inspect and /

or to test the surgical items to confirm their conformity to the contract.

The special conditions of contract and / or the technical specifications

shall specify what inspections and tests the purchaser requires and where

they are to be conducted. The purchaser shall notify the supplier in

writing of the identity of any representatives retained for these purposes.

7.2. The inspections and tests may be conducted in the premises of the

supplier (s) at point of delivery and/or at the goods final destination.

Where conducted on the premises of the supplier(s) all reasonable facilities

and assistance including access to the production data, manufacturing

process, and quality control methods adopted etc., for the manufacture of

the items offered, shall be furnished to the inspectors at no charge to the

purchaser.

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7.3. Should any inspected or tested surgical items fail to conform to the

specifications and quality standards the purchaser may reject them and

the supplier shall replace the rejected surgical items, free of cost to the

purchaser.

7.4. The purchasers right to inspect ,test and where necessary reject the goods

after the goods arrival at site and shall in no way be limited or waived by

reason of the goods having previously been inspected, tested and passed

by the purchaser or its representative prior to the goods shipment from the

country of origin.

7.5. Nothing in clause 7 shall in any way release the Supplier from any

warranty or other obligations under this contract.

7.6 . Inspection of the firms

Whenever corporation feels that it is necessary to inspect the

firm and its manufacturing facility either by MD or any

person/committee nominated by MD, the bidder shall provide all data,

documentation and information without cost. If any adverse report is

received in such inspection, APMSIDC will issue show cause notice to

the firm. If the reply is found not satisfactory, the APMSIDC shall have

the right to reject the bid or terminate/ cancel the orders already

issued or not to issue any further order.

The tenderer, whose manufacturing unit is found to be not complying

with GMP/ISO/BIS during inspection, will be levied with a fine of

Rs.50,000/- or the expenditure incurred by the APMSIDC in

conducting such inspection whichever is higher. This fine amount

shall be deducted from the EMD deposited by the bidder or from any

other amount payable to them in any nature. The amount shall be

deducted without any notice. In case of deficit, legal action will be

taken against the bidder for recovery as per law.

7.7 The supplier should give the batch size for each of the product quoted

and when the supplies are effected the size of the batch mentioned in

the quality analytical report or the Batch size submitted by the

supplier ,whichever is higher will be considered for calculating the

cost of Quality Assurance tests. The excess batches supplied will be

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charged at the double the cost of Quality assurance test charged by

the empanelled laboratories.

8. Packing 8.1 The supplier shall provide such packing of the goods as is required to

prevent their damage or deterioration during transit to their final

destination as indicated in the contract. The packing shall be sufficient to

withstand, without limitation, rough handling during transit and exposure

to extreme temperatures, salt and precipitation during transit and open

storage. Packing case size and weights shall take into consideration where

appropriated the remoteness of the Goods final destination and the

absence of heavy handling facilities at all points in transit.

8.2 The packing, marking and documentation within and outside the packages

shall comply strictly with such special requirements, as shall be provided

for in the contract and subject to clause 18 and any subsequent

instructions ordered by the purchaser.

9. Delivery and Documents

9.1 Delivery of the Goods shall be made by the Supplier in accordance with

the terms specified by the purchaser in the Notification of Award. The

Documents needed for the processing of the payment are given in the

Clause 6 of SCC.

10. Insurance

10.1 The goods supplied under the contract shall be fully insured in Indian

Rupees against the loss or damage incidental to manufacture,

transportation, storage and delivery in the manner specified in the special

conditions of contract.

11. Transportation

11.1 The supplier is required to deliver the goods to the destinations specified

in the contract and the cost thereof shall be included in the contract price.

11.2 The transportation of the Goods after the delivery at the final destination

shall be the responsibility of the Purchaser.

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12. Incidental services.

12.1 The supplier is required to provide the all the incidental services as

required and specified under the Technical Specifications, if any.

13. Warranty

13.1 The Supplier warrants that all the Goods are new, unused, and of the

most recent or current models, and that they incorporate all recent

improvements in design and materials, unless provided otherwise in the

Contract. The supplier further warrants that the goods supplied under this

contract shall have no defect arising from design materials or workmanship

(except insofar as the design or material is required by the purchasers

specifications) or from any act or omission the supplied goods in conditions

obtaining in the country of final destination.

13.2 The purchaser shall promptly notify the supplier in writing of any claims

arising under this warranty.

14. Payment

14.1 The method and conditions of payment to be made to supplier under

the contract shall be specified in the special conditions

14.2 a) The Suppliers request (s) for payment shall be made to the

purchaser in writing accompanied by an invoice describing as appropriate

the goods delivered and the services performed and by shipping

document, submitted pursuant to clause 10, and upon fulfillment of

other obligations stipulated in the contract.

b) The in house quality report with batch size or any document

showing the batch size of the product shall be submitted

14.3 Payments will be made at the earliest possible time after receipt of

material at Central Drug. Stores and proper documents as per tender

conditions in the O/o APMSIDC , Mangalagiri, Guntur District.

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14.4 Payment shall be made in Indian Rupees.

14.5 Suppliers have to submit invoices in the following manner .

i) In case of PO whose value is less than 20 Lakhs the supplier

shall submit the bill after completion of supply of 95% of the

indented quantity.

ii) If the PO value is above 20 lakhs , bills can be submitted in

two stages. Ist invoice after supplying at least 75% of indented

quantity in all districts and 2nd invoice after supplying 95% of

the indented quantity.

Note :- In the case of 14.5 (ii) 50% of the value of the indented quantity will be paid after completion of supply of 75% of the indented quantity in all district central drug stores in the state.

The balance amount will be paid after completion of supply of at least 95% of the indented quantity.

15. Prices

15.1 Prices charged by the supplier for goods delivered and services performed

under the contract shall not with the exception of any price adjustments

authorized by the special conditions of contract, vary from the prices quoted

by the supplier in its bid.

16. Change Orders

16.1 The Purchaser may at any time by written orders given to the Supplier

pursuant to clause 31, make changes within the general scope of the

contract in any one or more of the following;

(a) The quantity to be delivered; or

(b) the place of delivery

16.2 Any claims by the supplier for adjustment under this clause must be

asserted within thirty (30) days from the date of the Suppliers receipt of the

purchasers change order.

17. Contract Amendments

17.1 Subject to clause 18, no variation or a modification of the terms of the

contract shall be made except by written amendment signed by the parties.

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18. Assignment

18.1 The Supplier shall not assign in whole or in part its obligations to

perform under the Contract to any agency, except with the Purchaser‟s

prior written consent.

19. Delays in the suppliers performance and „Not of Standard Quality‟

supplies

19.1. As explained in the Section I, the quality of items procured and

timely supplies without default are being given paramount importance

by the Corporation. The Corporation will be dealing with defaulters in

these fronts with a firm hand, which may lead to cancellation of

orders, black listing, imposing of penalties and recovery of damages

etc.

19.2. The Corporation takes up the quality testing of the Supplied surgical

items as per the „Procedure for NSQ (Not of Standard Quality), as

explained in the Section V (Technical Specification).

19.3. Delivery of the surgical items against each Purchase Order placed

shall be made by the Supplier in accordance with the terms of

contract and should start within 30 days i.e.50% of the quantity being

supplied with 30 days from the date of the receipt of the Purchase

Order and complete the balance 50% supplies within 60 days from

that date.

19.4. The permitted delay, with imposition of liquidated damages, in the

execution of any Purchase Order placed is 15 days for both 50% initial

supply part or for the balance 50% part.

19.5. If any „Supplier/s‟ has not accepted the purchase order placed up to

the bid quantity; or failed to supply the required surgical items i.e.,

initial 50% and balance 50% quantities within the time permitted with

liquidated damages as the case may be, the Corporation will cancel

the purchase orders of the unexecuted‟ quantity and impose suitable

31

„unexecuted penalties‟ as per the SCC. Supply shall be considered

complete only upon receipt of at least 95% of the ordered quantity at

each of the 13 district warehouses and uploading of the required

documents in e-Aushadhi software. The date of actual receipt of the

goods or the date of uploading of the required documents whichever is

later shall be considered as date of receipt of the material.

20. Liquidated Damages and Black-listing

20.1 The Corporation will impose suitable penalties in the form of Liquidated

damages for the delays in the supplies as described in the Special

Conditions of the Contract

20.2 In case of complaints on the quality of the products supplied, bills will be

withheld till receipt of Satisfactory Test reports and in the event of supplies

fail quality tests, contract with the bidder for that item will be suspended

and purchases will be made from alternative supplier:

Further If one item of any Supplier is found „Not of Standard Quality‟

during the Rate Contract (RC) period, then that particular item will be

blacklisted for remainder of the current RC period.

In all the above case, the bidder will also be liable for imposition of

penalties and action under criminal law If any surgical items supplied by

the Rate Contractor have been partially or wholly used after supply and

are subsequently found to be of „Not of Standard Quality‟, inferior in

quality or description or otherwise faulty or unfit for usage,then the

contract price of such surgical items will be recovered from the future

payments due, if payment had already been made.

20.3 The decision of the Managing Director, APMSIDC, or any officer authorized

by him in respect of the quality of the supplied surgical items and other

goods etc., shall be final and binding.

20.4 The Corporation may blacklist, any of the Rate Contract Supplier who

itself or its product under the RC is found placed on the black-list for any

reason by any other State / Central government's department or

organization or any procuring agency in India during the period of Rate

Contract

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20.5 If the supply is received in damaged condition in respect of primary

packing, it shall not be accepted. In case of any acceptable deficiencies or

damages in the secondary or tertiary packing, marking and

documentation, the supply will be accepted only after levying penalty @

2% on the total value of supply to that destination.

21. Cancellation of Purchase Orders and Risk Purchases

21.1 In the event of any default under the Contract, where the purchaser

cancels a purchase order, or terminates the contract in whole or in part, or

blacklists the Supplier, the purchaser take up Risk Purchases to ensure

continuity in the Surgical items supplies, upon such terms and in such

manner as it deems appropriate, Goods similar to those undelivered, and the

supplier shall be liable to the purchaser for any excess costs for such similar

surgical items and Corporation impose penalties as mentioned in other parts

of this document.

21.2 If any rate contract holder fails to supply the surgical within the within

stipulated period from the date of receipt of purchase order, the purchase

order deemed to be cancelled and no stocks will be accepted for any reason

after completion of the supply period.

21.3 The firm will be deemed as an “Undependable supplier” and further order

will not be placed on him during the rest of the rate contract period. In

considering the period of delay public holiday falling after the stipulated

period of the purchase order receipt date will be excluded.

21.4 If the firm declared as “undependable supplier” for 2 products in the

same tender then the firm will be blacklisted for three consecutive years.

21.5 The products declared as Not of Standard quality will not be returned to

the firm ,but the amount of the entire supplied NSQ batche/s will be

deducted from the bills amount payable to the firm or from PSD of the firm.

21.6 An intimation either through mail/SMS of the firm which was submitted

by the firm at the time of participation in tender in the form of a letter/SMS

will be sent to the firm regarding the products that are going to be expired

within 6 months to replace the quantity with fresh batch within three weeks

33

from the date of such intimation. If the firm fails to replace with fresh batch

stock within the stipulated period of time given by APMSIDC, the value of

expired goods will be deducted from the bill amount payable to the firm and

PSD of the firm. If the amount is more than the PSD or bills pending for

payment the same will be recovered from the firm as per the existing

provisions of Revenue recoveries Act.

22. Force Majeure

22.1 Notwithstanding the provisions of clauses 22, 23, 24, the supplier shall

not be liable for forfeiture of its performance security or liquidated damages

or termination for default, if and to the extent that, its delay in performance

or other failure to perform its obligations under the contract is the result of

an event of Force Majeure.

22.2. For purposes of this clause “Force Majeure" means an event beyond the

control of the supplier and not involving the suppliers fault or negligence

and not fore-see-able. Such events may include but are not limited to, acts

of the purchaser either in its sovereign or contractual capacity, wars or

revolutions, floods, epidemics, quarantine restrictions and freight

embargoes.

22.3. If a force majeure situation arises, the supplier shall promptly notify the

purchaser in writing of such conditions with documentary evidence and

the cause thereof. Unless otherwise directed by the purchaser in writing

the supplier shall continue to perform its obligations under the contract as

far as is reasonably practical and shall seek all reasonable alternative

means for performance not prevented by the force majeure event.

23. Termination for Insolvency.

23.1 The purchaser may at any time terminate the contract by giving written

notice to the supplier, if the supplier becomes bankrupt or otherwise

insolvent, provided that such termination will not prejudice or affect any

right of action or remedy which has accrued or will accrue thereafter to the

purchaser.

24. Termination for convenience.

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24.1 The purchaser may by written notice sent to the supplier terminate the

contract, in whole or in part at any time for its convenience. The notice of

termination shall specify that termination is for the purchaser‟s convenience

the extent to which performance of work under the contract is terminated

and the date upon which such termination becomes effective.

25. Resolution of Disputes

25.1 The purchaser and the supplier shall make every effort to resolve amicably

by direct informal negotiation any disagreement or dispute arising between

them under or in connection with the contract.

25.2 If after thirty (30) days from the commencement of such informal

negotiations the purchaser and the supplier have been unable to resolve

amicably contract dispute, either party may require that the dispute be

referred for resolution to the formal mechanisms specified in the special

conditions of contract. These mechanisms may include but are not limited to

conciliation, mediation by third party justification in an agreed national or

international forum and / or international arbitration. The mechanism shall

be specified in the special conditions of contract.

26. Governing Language

26.1 The contract shall be written in English language, as specified by the

purchaser in the instructions to bidders. Subject to clause 30, English

language version of the contract shall govern.

27. Applicable law

The contract shall be interpreted in accordance with the laws of the union

of India and the legal jurisdiction is Hyderabad.

28. Notices

28.1. Any notices given by one party to the other pursuant to the contract shall

be sent in writing or e-mail and confirmed to the address specified for that

purpose in the special conditions of the contract. A notice shall be effective

when delivered or on the notices effective date, whichever is later.

29. Taxes and duties

35

29.1. Suppliers shall be entirely responsible for all Central or State or any other

taxes, duties, license fees, etc. incurred until delivery of the contracted

goods to the purchaser.

29.2. The rates quoted by the bidder shall be deemed to be inclusive of the sales

and other taxes that the bidder will have to pay for the performance of this

contract. The statutory changes in the taxes and duties during the

validity of the Contract are applicable, provided the bidder clearly provides

the break-up of the price components and taxes at the time of bid

submission as per Clause 11 of ITB

Section IV: Special Conditions of the Contract (SCC)

1. The following special conditions of contract shall supplement the general

Conditions of contract. Whenever there is conflict, the provisions herein

shall prevail over those of the general conditions of contract the

corresponding clause number of the general conditions in parentheses.

2. Definitions (Clause I)

(a) The Purchaser is ; Managing Director, APMSIDC, APMSIDC, Plot No.9, Survey No.49,

IT Park, Mangalagiri, Guntur District – 522503

(b) The Supplier is ----------------------------

3. Performance security (Clause 6)

3.1. .Performance security is 5% of the contract value, subject to a maximum

of Rs. 10, 00,000/- (rupees ten lakhs only) of each item approved and the

performance security shall be valid up to 60 days after the date of

completion of Rate Contract.

3.2. Add clause 7.5 to the GCC as the following:

In the event of any contract amendment, the supplier shall within 7 days

of receipt of such amendment furnish the amendment to the performance

security rendering the same valid for the duration of the contract, as

amended for further period of 60 days thereafter.

4. Inspection and Tests (clause 7)

36

The APMSIDC is keen on buying quality surgical items. The surgical items

purchased will be subjected to rigorous quality control by getting them

tested in independent and reputed accredited laboratories.

The following inspection procedures and tests are required by the

Purchaser:

4.1 A) The Supplier shall get each surgical items inspected and tested by its

in-house Quality Control Wing at the manufacturing premises only and

provide a Certificate of Analysis that the surgical items conforms to all

specifications contained in the contract.

B) Every non-drug item shall be labeled with batch / lot number ,

Manufacturing date and expiry date (if any). These items shall be supplied

with quality control report.

4.2. The Purchaser or its representative may inspect and/or test any or all the

surgical items to confirm their conformity to the Contract specifications,

prior to dispatch from the manufacturer‟s premises. Such inspection and

clearance will not prejudice the right of the consignee to inspect and test

the surgical items on receipt at destination.

4.3. Whenever corporation feels that it is necessary to inspect the firm and its

manufacturing facility by MD or any other person /committee nominated

by MD, the bidder shall provide all dat, documentation and information

without cost.If any adverse report is received in such inspection ,

APMSIDC will issue show cause notice to the firm. If reply is found not

satisfactory, the APMSIDC shall have to reject the bid or terminate /

cancel the orders already issued or not to issue any further order.The

Tenderer , whose manufacturing unit is found to be not complying with

GMP during the inspection , will be levied with a fine of Rs.50,000/- or the

expenditure incurred by the APMSIDC in conducting such inspection

whichever is higher. This fine amount shall be deducted from the EMD

deposited by the bidder of from any other amount shall be deducted from

the EMD deposited by the bidder or from any other amount payable to

them in any nature. The amount shall be deducted without any notice. In

37

case of deficit, legal action will be taken against the bidder for recovery as

per law.

4.4. However, on arrival of the surgical items at destinations, the purchaser or

its representative shall have the right to inspect and/or test any or all the

surgical items to confirm their conformity to the contract.

4.5. If the supplied item (s) or its performance is not as per specified

conditions, the supplier shall replace the items to the satisfaction of the

purchaser‟s representative.

5. Packing (Clause 8)

Apart from the general requirements, other technical details of individual

packing requirements are given in the Section V: Technical Specifications.

6. Delivery and Documents (Clause 9)

The following documents are required towards the proof of the delivery and

quality of the supplied surgical items:

(i) Three copies of the Supplier invoice showing product‟s description,

quantity, Unit Price, total amount, Lot/Batch No: and Date

Manufacture and Expiry wherever applicable

(ii) Material Receipt Certificate from the Consignee

(iii) Quality Control Certificate containing the Batch Size from the

Internal Quality Control Wing of the manufacturer

(iv) Quality Test Certificate from a Laboratory (i.e. the test report basing

on which the product is permitted for sale or distribution in the

country by the Government of India) in case of imported item or

Inspection Certificate issued by the nominated inspection agency .

7. Insurance (Clause 10)

38

For delivery of goods at site, the insurance shall be obtained by the

Supplier at his cost for an amount equal to 110% of the value of the goods

from "warehouse to warehouse" on "All Risks" basis including war Risks

and Strike clauses period in the joint names of purchaser and supplier.

8. Incidental Services (Clause 12)

No additional services are required to be provided over the services already

covered under clause 12 of GCC.

9. Payment (Clause 16)

9.1 Payment for goods and services shall be made in Indian Rupees as

follows: 100 % of the Contract Value of the Supply part, after the deduction

of statutory taxes, will be paid to the Supplier upon submission of the

documents described at Clause 6 of SCC, i.e., after completion of all the

performance obligations

10. Prices (Clause 15)

Substitute Clause 15.1 of the GCC by the following:

Prices payable to the Supplier as stated in the Contract shall not be

subject to adjustment during performance of the Contract.

11. Liquidated Damages (Clause 20)

11.1.Liquidated Damages for delays

Subject to clause 20 of GCC, the Purchaser shall, without prejudice to its

other remedies under the Contract, deduct the following as:

Liquidated damages, a sum equivalent to 0.5 percent (0.5%) of the

delivered price of the delayed Goods for each day up to a maximum

of 15 days. i.e. from 61st day to 75th day.

At the request of the firm/supplier in writing before expiry of 75th

day from the approval date of purchase order to the Managing

Director of APMSIDC, the delivery time may be extended up to 105

days at his/her discretion with a penalty of 1% per day on the

delivered price of the delayed Goods. i.e. from 76th day to 105th day.

39

If no permission is obtained and more than one purchase order is

not supplied in the stipulated period of supply then the firm will be

declared as undependable supplier for the products for which the

supplies are not executed.

12. Resolution of Disputes (Clause 25)

Add as Clauses 25.3 and 25.4 of the GCC the following:

1) The dispute resolution mechanism to be applied pursuant to clause 25

of the General Conditions shall be as follows:

(a) In the case of dispute or difference arising between the Purchaser and a

Supplier relating to any matter arising out of or connected with this

agreement, such dispute or difference shall be referred to the award of

two Arbitrators, one Arbitrator to be nominated by the Purchaser and the

other to be nominated by the Supplier or in the case of the said

Arbitrators not agreeing, then at the award of an Umpire to be appointed

by the Arbitrators in writing before proceeding with the reference, and in

case the Arbitrators cannot agree to the Umpire, he may be nominated

by the Arbitration committee of the Indian Council of Arbitration, India.

(b) The award of the Arbitrators, and in the event of their not agreeing, of the

Umpire appointed by them or by the Arbitration Council of India, India,

shall be final and binding on the parties.

(c) The Indian Arbitration Act 1996, the rules there under and any

statutory modification or re-enactments thereof, shall apply to the

arbitration proceedings.

2) The venue of arbitration shall be the place from where the Contract is

issued.

13. Notices (Clause 28)

40

For the purpose of all notices, the following shall be the address of the

purchaser and supplier.

Purchaser: The Managing Director, APMSIDC, Plot No.9, Survey No.49,

IT Park, Mangalagiri, Guntur District – 522 503.

Supplier: (To be filled in at the time of Contract Signature)

14. Actions against the misconduct of the Supplier

14.1. A Supplier found being supplied or offered similar items of similar

quantities to any other similar Organization or Department or Agency or

State in the country during the validity of the contract with the APMSIDC,

at a rate lower than the rate at which they supplied under this tender, the

difference amount is liable to be recovered apart from blacklisting the firm

for a minimum period of 2 years. In all these issues the decision of the

Managing Director, APMSIDC will be final.

14.2. The Supplier should furnish an undertaking on a stamped paper

(Annexure-XIII) that they will remit the differential cost, if they quote lower

rate than the rate quoted to the APMSIDC to any other agency or

department or state, during the period of contract

14.3. If the bidder fails to demonstrate on asked to do so, of the products quoted

with their bid, without any valid or convincing reason to the satisfaction of

the Purchaser, the bids for other items offered against the bid notice will

not be considered and he may be debarred for a certain period as decided

by the Purchaser.

15. Procedure for Blacklisting

15.1. For blacklisting a product or firm, for defaulted Supply or for supply of Not

of Standard quality product or for withdrawal from the tender etc as noted

in the tender, a registered show-cause notice shall be issued to the

bidder/supplier calling for explanation within 7 days from the date of

receipt of notice.

15.2. On receipt of the explanation from the bidder/supplier, the Managing

Director, APMSIDC may take appropriate action on merits of the case and

41

may impose blacklisting of the particular product(s)/supplier by passing

appropriate orders, before arranging a hearing with the defaulter

16. Appeals

16.1 A supplier/firm who‟s product or the supplier/firm, itself have been

blacklisted by the corporation which is displayed in the corporation

website i.e.://msidc.ap.nic.in// may within 15 days from the date of

display, appeal to the state Government i.e. Special Chief Secretary/

Principal Secretary to State Govt., who deals the subject of APMSIDC

activities in HM&FW dept. A.P.

16.2 The State Government after such enquiry into the matter, as is considered

necessary and after giving the said supplier an opportunity for

representing his views, may pass such order in relation thereto as it thinks

fit.

42

SECTION - V

Item List

Item Code

Name of the Item

Specification Unit Probable required Quantity Per Year

10340 Non Pneumatic Anti Shock Garments (NASG)

This compression garment is made from neoprene, a stretchable material. That recoils and applies pressure through the skin. It feels like a tight diving wet-suit to wear and consists of five segments that compress the legs (Segments 1, 2 and 3), the pelvis (Segment 4) and the abdomen (Segment 5). The abdominal segment includes a foam compression ball that presses on the area of the uterus. The segments are held in place by Velcro. It is a very promising, potentially life-saving technique for low-resource settings. Preliminary pre and post-intervention trails have shown that the NAGS significantly reduces shock, blood loss the need for emergency hysterectomy, and maternal mortality and severe morbidity associated with PPH and other causes of obstetric hemorrhage. Randomized controlled trails by the world Health Organization. Each NASG can be used 50-100 times.

Each 1000

10341 Safe Delivery And Surgical Kits

As per Specifications mentioned at page No 43 and 44.

Each 250000

10342 Triple Layer Surgical Mask

Tie on Mask of Non-woven, Hypoallergenic 3 ply construction with filter in between offering above 99 percent standard with 4 tie strings.

Each 20000

10326 mdc

N-95 Respirator Mask

N-95 Face Respirator Mask : Filter efficiency of 95 percentage or more against particulate aerosols. The mask should be provided with expiration valve. It should be disposable and to be able to fit for wide range of face sizes. It should accompany with certification from NIOSH or any other internationally accepted certification.

Each 50000

43

44

45

Annexure I to Section V

Technical Requirements

1) Intellectual Property Rights: The Supplier shall indemnify the APMSIDC

against all third party claims of infringement of any patent, trademark, copyright

or industrial design and other intellectual property rights arising from use of the

surgical items supplied.

2). Logograms: Bids for the supply of surgical items shall be considered only if

the Bidder gives an undertaking in his Bid that the supply will be prepared and

packed with the logogram printed as per the design provided by the Corporation.

3) Packaging: The boxes shall be packed in weather resistant triple walled

insulated 5-ply cartons. Each ply having strength of minimum 150 gsm. It

should be fabricated from virgin quality „A‟ grade material. The overall dimension

of the carton should be such that the product does not get damaged during

transportation and storage.

4) Quality Testing

a) Samples of surgical items supplied under the Contract will be subjected to

quality tests. As soon as the material is received at Central Medicines

Stores, the samples will be drawn by the Corporation staff. Each batch

Samples shall be taken from each consignment and tested for quality in a

time bound manner. APMSIDC may also draw samples from the peripheral

units wherever the surgical items are supplied and get them tested in

empanelled laboratories.

b) The Drug related surgical item samples will be sent to the Government

approved and/or empanelled analytical testing laboratories for their

quality as per Standards prescribed by the Drugs and Cosmetics Act,1940

and rules,1945.

c) Whenever a particular item is declared as “Not of Standard Quality” (NSQ)

or Sub-standard by the above laboratories then that item of the RC approved

firm will be black listed against the firm.

46

d) All the NSQ products either drug related items or non-drug related items will

not be returned to the company but will be destroyed, and the amount will

be deducted from the company bills. No purchase orders will be placed for

the „‟C”

i) In case of complaints, bills will be withheld till receipt of analytical

report. Further action will be taken on the basis of report.

ii) On physical verification by the District level inspection team, if any

item is suspected to be of „Not of Standard Quality‟, bills will be

withheld until receipt of analysis reports as standard quality.

1. The decision of the Managing Director, APMSIDC, or any officer

authorized by him as to the quality of the supplied Surgical items,

surgical items etc., shall be final and binding.

5. The packaging and labeling standards for drug related items should comply

with the related provisions of Drugs and Cosmetics Act, 1940 and rules

thereof and also with requirements of Good Manufacturing Practices as per

revised Schedule M of Drugs and Cosmetics rules,1945.

6. The product must comply with general requirements of the item as the

applicable standards of the country of the manufacture and in respect of

drug related items as per the Indian Pharmacopeias (IP). In case the product

is not included in I.P. but is official in B.P. or U.S.P. it should comply with

requirements given in those pharmacopeias.

7. The packaging components should also conform to the specifications

suitable for use in the prevailing climatic conditions. All the packaging

should be properly sealed and tamper-proof. Pharmaceuticals requiring

special storage requirements must specifically indicate on the label and

containers and be shipped in special conditions to ensure the stability and

the integrity of the surgical items.

8. Bar-coding requirements: Incorporation of barcodes (1D or 2 D)

encoding unique product identification code (GTIN), Batch Number,

47

Expiry Date and Serial Number of the Secondary pack on each of the

secondary Level packaging and incorporation of barcodes (1 D or 2D )

encoding unique product identification code (GTIN), Batch Number,

Expiry Date and Serial Number of the Tertiary pack (shipper/carton) on

each of the Tertiary Level packaging.

48

ANNEXURE II to Section V

Schedule for Packaging of Surgical items

I .General Specifications:

1) No corrugated package should weight more than 15 kgs (i.e. Product +

inner carton + corrugated box).

2) All Corrugated boxes should be of „A‟ grade paper i.e., Virgin.

3) All items should be packed only in first hand box only.

FLUTE:

4) The corrugated boxes should be of narrow flute.

JOINT:

5) Every box should be preferably single joint and not more than two joints.

STITCHING:

6) Every box should be stitched using pairs of metal pins with an interval of

two inches between each pair. The boxes should be stitched and not

jointed using calico at the corners.

FLAP:

7) The flaps should uniformly meet but should not over lap each other.

The flap when turned by 45-60o should not crack

8) Every box should be sealed with gum tape running along the top and lower

opening.

CARRY STRAP:

9) Every box should be strapped with two parallel nylon carry straps. (They

should not intersect).

LABEL:

10) Every corrugated box should carry a large label clearly indicating

that the product is for A.P. G“ovt. Supply – Not for Sale”. The lower one

third of the large label will indicate in bold the value of the product

11) The product label on the carton should be large at least 15 cm x 10

cm dimension. It should carry the correct technical name, strength or the

product, date of manufacturing, date of expiry, quantity packed and net

weight of the box.

12) No box should contain mixed products or mixed batches of the same

product.

49

SECTION - VI

QUALIFICATION CRITERIA

(Referred to in clause 13.2 of ITB)

I. Terms of Qualification:

(a) The bidder should have a minimum annual turnover of Rs.1 Crore for

manufacturers and Rs.10 Lakhs for authorized distributors in any of

the last three years i.e., 2014-15 ,2015-16 and 2016-17.

(b) The Bidder shall be a manufacturer having valid manufacturing license for the

item quoted as per the specification and/or as a direct importer, holding valid import

license.

(c) The Bidder must have necessary quality certifications for both processes

and products such as IS 9001 (Quality Management System for

Organization) and relevant Indian or International Standard Certifications

for Products.

II. Terms of Disqualification:

1. The Bidders who has withdrawn their bids in any of the previous

tenders of APMSIDC

2. The bidder who is placed on the black-list by either APMSIDC or by any other

State / Central government's department or organization for the product

offered with his bid in the last 3 years

3. The bidder who is placed on the black-list by either APMSIDC or by any other

State / Central government's department or organization in the last 3 years

4. The bidder who is currently blacklisted / debarred either by APMSIDC or by

any State Government or Central Government Department or Organization .

- In all the above cases, the disqualification cut-off date will be till the contract is

signed.

III. Not with standing anything stated above, the purchaser reserves the right to

assess the Bidders capabilities and capacity to perform the contract should

circumstances warrant such an assessment in the overall interest of the

purchaser deciding on award.

50

SECTION – VII (A): BID FORM

(As per Clause 10 of Section –II)

(Name and Address of Purchaser)

Date_______________

To Contract No.________

The Managing Director, APMSIDC, Mangalagiri.

Gentlemen:

Having examined the Bidding Documents including Addenda No. ____________

the receipt of which is hereby duly acknowledged, we, the under-signed, offer to

supply and deliver ___________________________________________ (Description of

Surgical items) in conformity with the said Bidding Documents through the Rate

Contract (2016-2018) for the sum as given in the Price Bid (electronically) or

such other sums as may be ascertained in accordance with the schedule of

prices furnished and made part of this bid.

We undertake, if our bid is accepted and upon placed with a Purchase Order for

the Supply of the items approved, to commence delivery within __ (Number) days

and to complete delivery of all the surgical items as specified in the Purchase

Order within __ (Number) days calculated from the date of receipt of your valid

Purchase Orders issued time to time during the validity of the Rate Contract

period.

If our bid is accepted we will obtain the guarantee of a bank in a sum not

exceeding 10% of the Contract price for the due performance of the Contract

We agree to abide by this bid for a period of _____(Number) days from the date

fixed for bid opening under Clause 22 of the Instruction to Bidders and shall

remain binding upon us and may be accepted at any time before the expiration

of that period.

We undertake that, in competing for (and, if the award is made to us, in

executing) the above contract, we will strictly observe the laws against fraud and

corruption in India like “ The Prevention of Corruption Act 1988”

51

Until a formal contract is prepared and executed, this bid, together with your

written acceptance thereof and your notification of award shall constitute a

binding contract between us.

We understand that you are not bound to accept the lowest or any bid you may receive.

Dated this _______________ day of ______________________

Signature: ________________ (in the Capacity of) : ________________

Duly Authorized to sign bid for and on behalf of

52

Section VII (B)- Model PRICE Schedules (available on e-procurement Platform


00

53

SECTION – IX : CONTRACT FORM


1 THIS AGREEMENT made the ______________ day of ___________________

Between _________________________________ )Name of Purchaser) of

_________________________ (Country of Purchaser) (hereinafter "the purchaser") of

one part and ____________________________________________(Name of the Supplier)

of _____________________________ (City and Country of Supplier) (hereinafter "the

Supplier") of the other part.

WHEREAS the Purchaser is desirous that certain Goods and ancillary services

should be provided by the supplier, viz, ___________________________ (Brief

description of Goods and Services) and has accepted a bid by the supply of

Goods and services in the sum of ____________________________________________

(Contract price in Words and Figures) (hereinafter "the Contract Price").

NOW THIC AGREEMENT WITNESSETH AS FOLLOWS:

In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the conditions of Contract referred to:

2. The following documents shall be deemed to form and be read and

construed as part of this Agreement, viz.:

(a) The Technical and Price bid of the Supplier

(b) The approved Technical Specifications,

(c) The General Conditions of Contract,

(d) The Special Conditions of Contract, and

(e) The Purchaser's Notification of Award.

3. In consideration of the payments to be made by the purchaser to the

Supplier as hereinafter mentioned, the Supplier hereby covenants with the

Purchaser to provide the Goods and Services and to remedy defects

therein in conformity in all respects with the provision of the Contract.

54

4. The Purchaser hereby covenants to pay the Supplier in consideration of

the provision of the Goods and Services and the remedying of defects

therein, the Contract price or such other sum as may become payable

under the provisions of the Contract at the times and in the manner

prescribed by the Contract.

Brief particulars of goods and services which shall be supplied/provided by the Supplier are as under.

SL NO. BRIEF DESCRIPTION

TO GOODS &

SERVICES

QUANTITY TO BE

SUPPLIED

UNIT

PRICE

DELIVERY TERMS

TOTAL VALUE:

DELIVERY SCHEDULE:

Period of Delivery: To complete the supply of the surgical items at the Central

Medicine Stores as per the consignee list, within 60 days from the date of receipt

of a valid Purchase Order (P.O), given time to time during the validity of the RC.

Further, the Supplier will be required to supply 50% of P.O quantity within 30

days, and balance 50% within 60 days.

IN WITNESS whereof the parties here to have caused this Agreement to be

executed in accordance with their respective laws the day and year first above

written.

Signed, Sealed and Delivered by the

Said ____________________________________________ (For the Purchaser)

in the presence of ___________________________________

Signed, sealed and Delivered by the

Said ___________________________________________ (For the supplier)

In the presence of ________________________________

55

SECTION - X : PERFORMANCE SECURITY FORM


To

The Managing Director

APMSIDC,

Managalagiri.

WHEREAS _____________________ (Name of the Supplier) hereinafter called "the

Supplier" has undertaken, in pursuance of Contract No. ___________ dated

____________ to supply ___________________ (Description of Goods and Services)

hereinafter called “the Contract".

AND WHEREAS it has been stipulated by you in the said contract that the

Supplier shall furnish you with a Bank Guarantee by a recognized bank for the

sum specified therein as security for compliance with the Supplier‟s performance

obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Supplier a Guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to

you, on behalf of the Supplier, up to a total of __________________________________

(Amount of the Guarantee in Words and Figures) and we under take to pay you,

upon your first written demand declaring the Supplier to be in default under

the Contract and without cavil or argument, any sum or sums within the limit of

_______________ (Amount of Guarantee) as aforesaid, without your needing to

prove or to show grounds or reasons for your demand or the sum specified

therein.

This guarantee is valid until the ______________ day of _________________.

Signature and seal of Guarantors

_____________________________

Date ________________________

Address_____________________

56

SECTION XI

(As per Clause 13.2(v) of Section –II)

PROFORMA FOR PAST PERFORMANCE (for a period of last three years)

Bid No. _________ Date of Opening ______________ Time ____________ Hours

Name of the Firm ____________________________________________________

-----------------------------------------------------------------------------------------------

Name of the Year No. of Units Name and full

Product manufactured/ address of the

Imported Indian Govt. Institution

To which Supplied

-----------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------

Signature of the Authorized Signatory

Name and Address:

Duly Certified by the Chartered Accountant

57

SECTION – XII

scanned copy of a notarized affidavit on Rs.100 / - non judicial

stamp paper given by the proprietor / managing partner / Managing

Director / director who is authorized by the board of directors of the

company as per the existing provisions of the companies act stating that

“ Any document submitted by the firm either in Online or

Offline for the tender ,if found to be Forged / Fabricated / Erroneous /

False , the Firm will be liable for blacklisting along with forfeiture of EMD,

if the firm is exempted from EMD the amount equivalent to the same will

be paid by the firm as penalty to APMSIDC, in addition to this the APMSIDC

can initiate legal action as per law”.

58

SECTION XIII

DECLARATION FORM

(As per Clause 19.2 of Section –IV)

We ………………………………………………………………………….. Having

Our ………………………………….. office at ……………………………. read and

understood the terms and conditions contained in the bidding documents under

this notification for bid and offer our bids unconditional, to the extent not stated

at any other part of our bid.

We hereby accept to supply the surgical items at the accepted rates quoted

by us in the Bid document or the negotiated rates for the selected item or any

matching price as proposed by the APMSIDC. If we quote a rate lower than the

rate quoted to the APMSIDC, to any other agency / State in the country during

the validity of the Rate Contract for similar size and similar quality of the item,

we will remit the differential cost to the APMSIDC.

We fully understood the Bid prices clause and its associated clauses in the

Bidding document and fully agree with the APMSIDC on these issues

unconditional and are bound to pass on the price reduction benefits to the

APMSIDC, if any, during the validity of the Contract'.

We agree to the Purchaser and Bid Inviting Authority terms in respect of

forfeiture of the Bid Security, Performance Security Deposit, actions initiated

against fraudulent and corrupt practices including blacklisting.

Signature :

Date :

Name of the Firm and address :

59

SECTION: XIV

Documents to be uploaded on e-platform as part of the Technical Bid

(a) Copy of Earnest Money Deposit

(b) Details of Processing Fee

(c) Authorization letter nominating a responsible person of the tenderer to

transact the business with the Tender Inviting Authority.

(d) Bid Form

(e) Copy of Registration Certificate (Registration as Manufacturer or

Direct Importer). The details containing the name and address of the

premises where the items quoted are actually manufactured.

(f) Attested photocopy of valid License issued by the Licensing authority for

each and every product quoted as per specification in the tender. The

license must have been duly renewed up to date and the items quoted

shall be clearly highlighted in the license.

(g) Attested photocopy of valid import license if the product is imported. The

license must have been renewed up to date. A copy of a valid license for

the sale of surgical items imported by the firms issued by the licensing

authority shall be enclosed.

(h) Declaration Form by the Bidder (Section XII)

(i) Copy of the VAT/Sales Tax Registration and Details of IT- PAN / TIN

copies (Enclose as Annexure – II)

(j) Declaration Statement agreeing for embossment of logo on Supplied

items (enclose as Annexure III)

(k) List of items quoted in duplicate (The name & code of the items quoted

alone should be furnished and the rates of those items should not be

indicated in this list) (enclose as Annexure IV)

(l) Performance statement giving the details of past performance of the bidder

on the items quoted (as per Section – XI).

(m) Annual turnover statement for last 3 financial years ((2014-15, 2015-16

and 2016-17,) certified by the Auditor.

60

(n) NCC certificate issued on or after 01-1.2017 should be submitted.

For drug related products it should be from DCA

(o) Self declaration of production capacity of each section for two

months on single shift basis for each product.

(p) Valid proof of complying with GMP with Schedule „M‟ from concerned

D.C.A. and WHO GMP by licensing authorities for importers as on

the date of tendering for drug related products.

II. Financial (Price) Bid in the format available with the e-procurement

platform

Notes to Bidders

1. Please note that the Bidder runs the risk of his bid being rejected if the bid

contains any conditions.

2. All the documents to be numbered and indexed for facilitating for proper

scrutiny. All the statements copies of the certificates, documents etc.,

enclosed to the technical bid shall be given page numbers on the right corner

of each certificate

3. The scanned documents shall be legible, failing which they will not be

considered.

4. Sign on all statements, documents, certificates uploaded owning

responsibility for their correctness / authenticity.

5. The tenderer is subjected to be black listed and the EMD forfeited if he is

found to have misled or furnished false information in the forms /

statements / certificates submitted in proof of qualification requirements or

record of performance (Please see Corrupt and Fraudulent Practices Clause)

61

Annexure I to SECTION XIV

Details of the Bidder (Manufacturer or Importer)

1 Name of the Bidder and Full Address

2 PAN Number

3 Phone Nos.

4 Fax Nos.

5 e-mail Id of the Authorized contact person

6 Date of Inception

7 Manufacturing License No. and Date if any

8 MSME registered or other

9 Issued by

10 Quality Certifications, if any

11 RTGS (Real Time Gross Settlement System) A/C No.

12 Details of Installed Capacity of the items offered

1. The Installed capacity of the individual Surgical Item to be provided for 60

days and one year separately

2.. The details of manufacturing unit shall be for the premises where items are

actually manufactured

Signature of the Authorized Signatory:

Date :

Name of the

Firm and address :

62

Annexure -III

Logogram:

A.P. GOVT.

SUPPLY

NOT FOR SALE

----------------------------------------- Surgical and Consumables