consumables (category – v)kmscl.kerala.gov.in/media/category v tender - final.pdfkmscl : tender...

KERALA MEDICAL SERVICES CORPORATION LTD (A Government of Kerala Undertaking)

Thycaud P.O, Thiruvananthapuram, Kerala 695 014

TENDER DOCUMENT

FOR THE SUPPLY OF

(for the period 2012-13)

Name of Tenderer : Address : Signature of Tenderer :

Last date and time for the receipt of Tender : 3.00 PM :08-02-2012 Date of opening of technical bid : 2.00 PM :09-02-2012

NOT TRANSFERABLE

Ref :KMSCL/DRGED(V)/RC/2012/001 DATED 10.01.2012

For details;

www.kmscl.kerala.gov.in Email: [email protected]

CONSUMABLES (CATEGORY – V)

KMSCL : Tender for the supply of consumables (category V) for the year 2012-13

TABLE OF CONTENTS

SL. No. DESCRIPTION

PAGE No.

1. Section I Introduction 1

2. Section II Scope and Description of Tender 4

3. 2.1 General Definitions 4

4. 2.2 Scope 8

5. 2.3 Brief Description 8

6. Section III Tender Schedule 12

7. 3.1 Tender Details 12

8. 3.2 Important dates 12

9. Section IV Details of Consumables Tendered 13

10. 4.1 List of Consumables tendered 13

11. 4.2 Schedule of Requirements 14

12. Section V Specific Conditions of Contract 16

13. 5.1 Time Limits Prescribed 16

14. 5.2 Eligibility criteria for participating in the tender

18

15. 5.3 Price Preference 19

16. Section VI General Conditions of Contract 21

17. 6.1 Contents of the Tender Document 21

18. 6.2 Responsibility of verification of contents of tender document

21

19. 6.3 Tender Document 21

20. 6.4 Guidelines for preparation of Tender 22

21. 6.5 Earnest Money Deposit (EMD) 23

22. 6.6 Period of Validity of Tender 25

23. 6.7 Pre-tender Meeting 25

24. 6.8 Amendment of Tender Documents 26

25. 6.9 Tendering System 26

26. 6.10 Contents of the Technical Bid – Cover ‘A’ 29

27. 6.11 Content of Price Bid – Cover ‘B’ 32

28. 6.12 Method of Submission of Tender 33

29. 6.13 Deadline for Submission of Tender 33

30. 6.14 Modification and Withdrawal of Bids 34

31. 6.15 Opening of Tender 34

32. 6.16 Evaluation of Tender 35

33. 6.17 Clarification of Bids 39


SL. No. DESCRIPTION

PAGE No.

34. 6.18 Inspection of Production Facilities 39

35. 6.19 Acceptance / Rejection of Tenders 41

36. 6.20 Other Terms and Conditions 42

37. 6.21 Notices 42

38. 6.22 Award of Contract 43

39. 6.23 Notification of Award / Offer Letter 43

40. 6.24 Signing of Contract 43

41. 6.25 Security Deposit 45

42. 6.26 Purchase Policy 46

43. 6.27 Supply Conditions 48

44. 6.28 Logograms 50

45. 6.29 Packing 51

46. 6.30 Quality Testing, Quality Control Deduction and Penalties

52

47. 6.31 Payment Provisions 55

48. 6.32 Deduction in Payments & Penalties 56

49. 6.33 Saving Clause 58

50. 6.34 Applicable Law & Jurisdiction of Courts 58

51. 6.35 Corrupt or Fraudulent Practices 59

52. 6.36 Force Majeure 60

53. 6.37 Resolution of Disputes 61

54. 6.38 General / Miscellaneous Clauses 62

55. 6.39 Procedure for Blacklisting 62

56. 6.40 Provisions for Appeal 62

57. 6.41 Termination of Contract 62

58. Annexure I Check List 64

59. Annexure II Form or Certificate of Sales Tax Verification to be Produced by an Applicant

67

60. Annexure III Declaration 69

61. Enclosure to Annexure III Declaration for Compliance of cGMP

70

62. Annexure IIIA Undertaking 77

63. Annexure IIIB Declaration 78

64. Annexure IV Proforma for Performance Statement 79


SL. No. DESCRIPTION

PAGE No.

65. Annexure V Annual Turn Over Statement 80

66. Annexure VI Declaration 81

67. Enclosure I

to Annexure VI

Design for Logogram 82

68. Enclosure II

to Annexure VI

Specimen Label for Outer Carton 83

69. Enclosure III

to Annexure VI

Bar Coding Details 84

70. Annexure VII Details of Manufacturing Unit 85

71. Annexure VIII Format of Bank Guarantee of Earnest Money Deposit

86

72. Annexure IX Price Bid 88

73. Annexure X Agreement 89

74. Annexure XI Format of Bank Guarantee for Security Deposit

92

75. Annexure XII Packing Specification 94 76. Annexure XIII Performance Bank Guarantee 96

77. Annexure XIV Statement of Monthly Product Mix and Assured Supply Schedule offered

98

78. Appendix I Copy of G.O. (P) No.1/2009/SPD/Dated 08.01.2009

99

79. Appendix II Addresses of the warehouses of KMSCL 103

KMSCL : Tender for the supply of Consumables (Category V) for the year 2012-13 Page | 1

SECTION I

INTRODUCTION

1.1. The Kerala Medical Services Corporation Limited - KMSCL is a fully owned company of Government of Kerala set up in 2007 and is operational with effect from 1st April 2008 for providing various services to the health care institutions under the Department of Health and Family Welfare. One of the key objectives of the KMSCL is to act as the central procurement agency for all essential drugs and equipments for the health care institutions (hereinafter referred to as user institutions) under the department. The Corporation has also been entrusted with the setting up and running of all kinds of Modern Medical and Paramedical or medical based ancillary facilities such as hospitals, pathological labs, diagnostic centres, x-ray/scanning facilities.

1.2. The Corporation will be procuring drugs & supplies worth around `Rs.200 Crores for 2012-13. The Corporation has taken into consideration most of the suggestions put forward by the suppliers in the Supplier’s Meet – 2011 held on 10th November at Hotel Mascot, Thiruvananthapuram, with a view to ensure maximum participation in its tenders and to ensure that competitive prices are obtained.

1.3. Some major changes are brought into this year tender document, especially in the pre-qualification on the basis of manufacturing capacity. The Corporation faced shortage and delays in the supply of items during the current year. Some of the bidders bagged orders for more than their installed capacity, which resulted in short/delayed supply. In the existing system, there is a high level of uncertainty on the product mix for supply to be obtained by a bidder. In the new tender system, a new concept called ‘Monthly Product Mix and Assured Supply Schedule (MPMASS)’ is introduced to remove this uncertainty.

1.4. The Corporation is introducing a new web based solution for its administration called TASK (Total Automation Solution for KMSCL). The suppliers can access their details on the web and will receive constant alerts. The dispatch details will have to be keyed into the system every time a consignment is dispatched. Through the system the receipt of goods (GRN) at the individual warehouses will be intimated to the supplier.


1.5. It may be noted that the inspections of the factory facilities of prospective bidders, whose facilities has not been inspected during the past three years, will be conducted by a team of technical experts for conformance of GMP norms. The main objective of the factory inspection is to confirm that the firms are fully complying with the good manufacturing practices and standard operating procedures adapted by it during the validity of the GMP certificate issued to them. Report of non compliance of GMP norms specified under Schedule M of the Drugs and Cosmetics Rules will lead to the disqualification of the firm, even if the firms are holding valid cGMP certificates issued by the Drugs Control Administration of the respective State. The factories of those bidders who are in the supply list of prestigious institutions namely AIIMS, PGI-Chandigarh, JIPMER, SGIPS LUCKNOW, NIMHANS, SreeChithra Institute of Medical Sciences, RCC and MCC will be exempted from factory inspection. Factories approved by USFDA or having WHO – GMP / ISO certification will also be exempted from factory inspection.

1.6. Since the items procured are meant for dealing with precious human life in Government hospitals, depended by the poor and downtrodden of the society, it is our endeavor to ensure that only quality items are procured and supplied. In order to ensure the quality of the items supplied by the firms during the course of the tender period, multiple samples of the same batch will be forwarded to different empanelled laboratories. There will also be in-house quality inspection at all warehouses. The Corporation attaches paramount importance to the quality of drugs supplied and will not compromise. However, in order to eliminate the delays in payments, the test results from empanelled lab will be taken as final and only disputed cases,will be referred to Drug Testing Laboratory of the Government for confirmation. The Corporation is also taking away the minimum quantity of supply for making a supplier eligible for payment. The invoices will be honored as soon as the QC results are obtained.

1.7. The suppliers will be required to replace the NSQ products with the standard quality products. Apart from the tests mentioned in the official monographs, additional tests like primary packing of the products, will be conducted for ensuring the quality of the item during transportation and storage.

1.8. Amendments in the terms and conditions of the tender documents may be resorted to before the opening of technical bid on the basis of feedbacks


obtained from pre-tender meeting and expert advice on the feedback to see that only bidders offering quality products and MPMASS qualify for the final round of selection.

1.9. Every paisa spend by the Corporation is public money and hence accountable. All decisions will be published from time to time on our website www.kmscl.kerala.gov.in. Bidders could prefer appeal to the Government against all decisions of the Corporation.

Looking forward for a long standing relation with you.

Best Wishes,

10.01.2012.

Sd/- BIJU PRABHAKAR IAS

Managing Director, KMSCL & Tender Inviting Authority


SECTION II

2. SCOPE AND DESCRIPTION OF TENDER

2.1. General Definitions

2.1.1. Government means - Government of Kerala, represented by the Secretary to Health & Family Welfare, who is also the Chairman of the Board of Directors of KMSCL.

2.1.2. Tender Inviting Authority (TIA) - is the Managing Director of the KMSCL, who on behalf of the User Institution/Government or the funding agencies invites and finalize bidders and ensure supply of the items, procured under this tender document.

2.1.3. Tender document - means the document published by the tender inviting authority containing the data identifying the article to be purchased, the quantity and delivery, and which includes designs, specifications, quality requirements and general conditions which will govern the contract resulting from acceptance of a bid.

2.1.4. Tendered quantity – means the approximate quantity of items intended by the user institutions as mentioned in section IV of the tender document, in respect of which the rates has to be quoted. Tender Inviting Authority reserves the right to increase or decrease the tendered quantity by up to twenty five (25) per cent on the basis of directions of the government, fund availability etc or otherwise, the quantity of goods mentioned under clause. 4.1, without any increase in the unit price and other terms & conditions quoted by the bidder.

2.1.5. User Institutions - are government departments, health care institutions autonomous bodies, Local self-Government Institutions etc for which the drugs under this tender is procured.

2.1.6. Funding agencies - are usually departments like Directorate of Health Services, Directorate of Medical Education, Departments of Ayurveda, Homoeo, Department of Social Welfare etc, and Missions/organizations like National Rural Health Mission (NRHM), Institute of Family Health & Welfare, registered societies etc funded by the Government of Kerala, Government of India, UN organizations, World Bank, Government assisted organizations etc that provide funds for the procurement of


drugs on behalf of whom the tender is invited by the Tender Inviting Authority.

2.1.7. Blacklisting/ debarring – the event occurring by the operation of the conditions under which the bidders will be prevented from participating in the future bids of Tender Inviting Authority for a period upto 3 years, the period being decided on the basis of number/nature of violations in the tender conditions and the loss/hardship caused/likely to be caused to the Tender Inviting Authority on account of such violations, generally confined to the supply of substandard drugs / products and fraudulent practices.

2.1.8. Drug - means and includes, substances defined as drugs in the Drugs and Cosmetics act 1940.

2.1.9. Monthly Product Mix & Assured Supply Schedule (MPMASS) - is the combination of products that are offered by a prospective bidder and that could be supplied by him / her within a period of 30 days, the monthly assured supply being 15% of the tendered quantity of that item, when offered as a product mix. Any quantity offered less than 15% will be disqualified if there are minimum 3 prospective offers for an item. In case of lesser number of competitors ( normally 3), the bidder offering less than 15% quantity may also be qualified on the basis of the highest to lowest quantity offered, but not those who offer less than 7.5% of Tendered quantity.

2.1.10. Assuring Bidder – means the prospective supplier assuring minimum 15%of the tendered quantity of an item in a period of 30 days a mix of products.

2.1.11. FactoryInspection - means the process of inspecting the premises, equipments, personnel, product and marketing documentation, quality control, process validation etc. for ascertaining the eligibility of a bidder/ supplier in the tender/ rate contract. Inspection will be conducted by a team of officers of the user institutions/ funding agencies whose report will be final and conclusive.

2.1.12. Minor Infirmities - means minor discrepancies like non submission of audited reports, income tax clearance, license/certificate etc and clarifications on minor issues in the tender (which may not lead to disqualification of bidder) are noted. The bid opening officials, subject to such authority given to them, may allow the bidder additional time to


submit the balance document/ clarifications provided it does not constitute any material deviation and financial impact and, also, does not prejudice or affect the ranking order of the bidder. However, if balance documents/ clarifications are not submitted within the specified deadline, the bid will be rejected.

2.1.13. Major infirmities – means major discrepancies in the bid offer wherein the key basic requirements are not complied with which may lead to disqualification of offer like unsigned bid, price bid without rates, bid validity shorter than the required period, bids not meeting the pre-qualification criteria, non submission of requisite EMD (where earnest money is prescribed), late bids, where report of inspection of the production facilities/products are not satisfactory and bid offers with cross conditions other than the prescribed tender conditions.

2.1.14. L1 rate - means the lowest rate declared by the Tender Inviting Authority for Drugs for the period mentioned in this tender document and whose rate has been considered as L1 rate.

2.1.15. Matched L1 rate - means the rates of the bidder or bidders who have consented, in writing, to match the L1 rate for the particular Drugs and agreed to abide by the terms and conditions of tender documents.

2.1.16. Liquidated Damage/LD – means penal charges levied by the Tender Inviting Authority for the delay in supply of the Drugs after the expiry of stipulated period mentioned in the supply conditions of the tender at the rate mentioned therein, subject to a maximum of 10% of defaulted value.

2.1.17. Risk & Cost Value – is the additional cost incurred by the TIA in making alternate purchases of the quantity defaulted by the supplier from other sources at a higher cost.

2.1.18. Unexecuted fine - is the fine imposed for the default committed by the supplier in supplying the required quantity of Drugs as per the Purchase Order if the defaulted quantity from a supplier is not procured through alternate sources.

2.1.19. Purchase Order - means the order issued by the Tender Inviting Authority to the supplier informing to supply the required quantity of the Drugs at the contract price and directing the supplier to supply at the various designated destinations mentioned in the Supply Schedule accompanying the purchase order.


2.1.20. Supply Schedule – means the schedule for supply of product as per the MPMASS given by the supplier or finalized at the technical bid evaluation stage and which shall be adhered to for supply as per clause 5.1.3 unless altered with mutual consent on the basis of the movement / consumption of products, exigencies and other reasons suiting the requirements of TIA and not suiting to the requirements of the supplier

2.1.21. Supplier - is a firm fulfilling the pre-qualification criteria laid down in the tender document with whom the Purchase Order is placed on being qualified and who is abiding the terms and conditions of tender document.

2.1.22. ‘Domestic Micro, Small and Medium Enterprises’ - means industrial units as classified in clause 7(1) of chapter III of the Micro, Small and Medium Enterprises Development Act, 2006 which manufactures the goods within the state and registered with the competent authority of the Industries and Commerce Department of Govt. of Kerala.

2.1.23. Quality Control Manual - The manual published by the Tender Inviting Authority in the official website www.kmscl.kerala.gov.in, prescribing the parameters of testing of all the drugs, medical devices, sutures, blood diagnostic kits, consumables, disinfectants& chemicals etc procured by the Tender Inviting Authority.Certain additional tests (other than those prescribed in the official monographs like packing integrity test, leak test, hardness test etc) are included in the quality control manual, considering the climatic conditions and high degree of quality standards demanded by the user institutions. A drug supplied to KMSCL has to pass all the parameters prescribed in the manual during the test at the empanelled laboratories, failing which it will be rejected.

2.1.24. Empanelled laboratory - Drug testing laboratories approved under the drugs and cosmetics act, selected by the Tender inviting Authority either through open tender process or by expression of interest or otherwise for the purpose of conducting analytical testing of drugs listed in section IV supplied by the suppliers, batch wise.

2.1.25. Appellate Laboratory - Government Drugs Testing Laboratory Thiruvananthapuram will be the Appellate Laboratory of the tender inviting authority for settling and deciding the disputes relating to the quality of drugs. The report of the appellate laboratory will be final and conclusive for the purpose of this tender.


2.2. Scope

2.2.1. The tender is invited for the supply of the items, the details of which are mentioned in Section-IV, needed for the Government institutions under the department of Health & Family Welfare, Government of Kerala. The Kerala Medical Services Corporation Ltd represented by the Managing Director (hereinafter called as the Tender Inviting Authority) is acting as the central procurement agency. The main objective is to obtain bulk discount through central procurement and to act as one stop point for all institutions for obtaining quality items procured under this tender. For this, the Corporation, on behalf of the Department of Health and Family Welfare will undertake and oversee the procurement process, ensure that the successful bidders are supplying the items properly at the locations/institutions specified during the agreed period of contract to the satisfaction of the Tender Inviting Authority as well as the user institution.

2.2.2. Bid Validity: The bidders are expected to quote their best rates for the items, the specifications and quantity are mentioned in Section IV of this tender document. The bid will be valid for a period of 180 days from the date of opening of Cover A (Technical Bid) and prior to the expiration of the bid validity the Tender Inviting Authority may request the bidders to extend the bid validity for another period of 30 days. The bidders may refuse extension of bid validity without forfeiting the Earnest Money deposit.

2.2.3. The bidders cannot withdraw their bid within the minimum price firmness period of 180 days.

2.3. Brief Description:

2.3.1. A two bid system – consisting of technical bid and price bid - is adopted in the invitation of bids. Those bidders who meet the pre qualification criteria set out in this tender document will only be eligible for opening of price bids.

2.3.2. A complete set of tender documents may be purchased from the office of Tender Inviting Authority between 10.00 A.M. to 5.00 P.M. on the dates prescribed in the tender schedule in Section IIIon all working days either in person or by post by any interested eligible person on an application in writing and upon payment of fee as indicated in clause6.3.3 in the form of Demand draft drawn in favour of Kerala Medical Services Corporation


Limited payable at Thiruvananthapuram. Tender Inviting Authority will not be responsible in any way for postal delays.

2.3.3. Alternatively, the tender document can be downloaded from the KMSCL website www.kmscl.kerala.gov.inprovided a Demand Draft or banker’s cheque for the rates shown under clause 6.3.3 favoring Managing Director, Kerala Medical Services Corporation Ltd., payable at Thiruvananthapuram should be enclosed with the Technical Bid (Cover “A”) (Refer Clause 6.10) of the tender document, failing which the tender is liable to be rejected summarily. After the opening of the price bid, if the tender cost remitted is found to be insufficient, then the bid is liable to get rejected.

2.3.4. The tender offers, duly filled, shall be submitted in two separate sealed covers separately for technical and price bids respectively. Such covers shall be super scribed as “TECHNICAL BID – COVER ‘A’ - TENDER.NO. KMSCL/DRGED (V) /RC/2012/001 DATED 10-01-12. FOR THE SUPPLY OF CONSUMABLES (CATEGORY–V)” or “PRICE BID – COVER ‘B’ - TENDER.NO. KMSCL/DRGED(V)/RC /2012 /001 DATED 10-01-12. FOR THE SUPPLY OF CONSUMABLES (CATEGORY–V)” as the case may be. Both the sealed covers shall be enclosed in another sealed (third) cover which should also be super scribed as TENDER.NO. KMSCL/DRGED(V)/RC/2012/001 DATED 10-01-12. FOR THE SUPPLY OF CONSUMABLES (CATEGORY-V)”

2.3.5. All bids must be accompanied with Earnest Money Deposit as specified in clause 6.10.1.1 of the Tender document, IF NOT EXEMPTED. Earnest Money Deposit,IFNOT EXEMPTED shall be equal to 1% of the total aggregate value of items tendered for, subject to a minimum of Rs.30,000/-, in the form of Demand Draft favouring Managing Director, Kerala Medical Services Corporation Ltd., payable at Thiruvananthapuram / Bank Guarantee valid for a period of 180 days from the date of opening of the technical bid. State Micro, Small and Medium Enterprises registered with Government of Kerala and State PSU’s are exempted from remittance of Earnest Money Deposit for products manufactured within Kerala. Domestic MSME's shall furnish valid registration certificate from the competent authority.

2.3.6. Those firms which have failed in the previous inspection conducted by KMSCL will be required to remit Rs.50,000/- extra as non-fundable


inspection fee failing which the offerer’s manufacturing facilities will not be inspected, and therefore, not qualified in the technical bid.

2.3.7. A pre-tender meeting will be convened to clarify the doubts of the prospective bidders. The corporation may amend the terms and conditions as well as technical specifications of the tender document after the pre-tender meeting on the basis of feedbacks obtained during such meeting with a view to obtain maximum number of competitive bids and as part of transparency.

2.3.8. Also at any time prior to the last date of sale of Tender, Tender Inviting Authority may, for any reason, or as per directions of the Government, modify the condition in Tender documents by an amendment. All amendments will be notified through the corporation’s website www.kmscl.kerala.gov.in and shall be binding on the prospective bidders. In order to provide reasonable time to take the amendment into account in preparing their bid, Tender Inviting Authority may, at his discretion, extend the date and time for submission of tender.

2.3.9. There will not be any individual communication in respect of general notices, amendments, etc. The prospective bidders are advised to check for updates in our website www.kmscl.kerala.gov.in on a day to day basis till the tender process is concluded. Individual communications will only be issued in exceptional cases, at the discretion of the Tender Inviting Authority. All notices/information will also be disseminated through the Tender Inviting Authority’s website and such contents of the notices will be binding on the bidders.

2.3.10. Tender will be opened in the presence of bidders / or their employee (photo identification cards issued by the company/concern stating his /her designation should be produced) who choose to attend on the specified date and time.

2.3.11. The Tenders should be prepared and submitted as per the tender formats only prescribed in the tender document and should be addressed to:

The Managing Director Kerala Medical Services Corporation Ltd Thycaud.P.O., Thiruvananthapuram -695014 Kerala State Phone : 2337354/53, Tele Fax: 0471-4015522, Email: [email protected]


2.3.12. The date of opening of technical bid will only be published in advance. The date of opening of price bid will be notified subsequently after the pre-qualification of the bidders.

2.3.13. The Price bids of the short-listed technically qualified bidders(s) will be opened only after the evaluation of samples and inspection of the factory facilities of those bidders whose premises were not inspected by KMSCL during the past three years or exempted under various provisions of this tender document. The short-listing of the bidders(s) will be carried out on the basis of the technical evaluation, sample evaluation and factory inspection. The evaluation of the tender, clarification of bids, inspection of production facilities, acceptance/rejection of bidders etc will be strictly as per the conditions in section VI of this tender document.

2.3.14. Supply of items in contravention of the Drugs and Cosmetic Act and supply of drugs in violation of the tender conditions will lead to blacklisting/debarring of the bidders with prior notice.

2.3.15. Appeals against the orders of the Tender Inviting Authority may be made to the government within 15 days of communication.

2.3.16. Bidders may obtain further information from the head office of the Tender Inviting Authority.


SECTION III

3. TENDER SCHEDULE

3.1. Tender Details

1. Tender No. KMSCL/DRGED (V) /RC /2012 /001

2. Cost of tender Document

As per clause 6.3.3

3. Earnest Money Deposit Equal to 1% of the total aggregate value of items tendered for, subject to a minimum of Rs.30000/-.

4. Validity of EMD 180 days from the date of opening of technical bid.

5. Security Deposit 5% of the total value(including taxes)of the LOI

6. Validity of Security Deposit /Performance Security

15 months from the date of execution of agreement or 3 months after successful completion of supply whichever is later.

7. Inspection fee

`.Rs.50,000 /- (only for those firms which have failed to qualify in the previous factory inspection conducted by KMSCL)

3.2. Important dates

Sl. No.

Particulars Date and time Venue

1. Date and time of commencement of sale of tender document

12-01-2012 (during office hours)

Head Office,

KMSCL.

2. Date and time of Pre-tender meeting

19-01-2012 (10:30 am)

3. Last date and time of sale of tender document

06-02-2012, 12.00 noon

4. Last date and time of receipt of tender

08-02-2012 03.00 pm

5. Last date and time of receipt of Samples for evaluation

08-02-2012 04.00 pm

6. Date and time of opening of the Technical bid

09-02-2012 2.00pm

7 Date of opening of the price bid

To be informed to the qualified bidders qualifying in the technical bid, sample evaluation and inspection of production facilities


SECTION IV

4. DETAILS OF CONSUMABLES TENDERED

4.1. List of Consumables Tendered

Sl. No

Drug Code Drug Name Strength Unit Tender Qty

1 S27231 Absorbent Cotton Gauze Sch.F(II) 50 cmX7.5m Packet 14,00,000

2 S27007 Absorbent Cotton Wool IP 500 gm Net Packet 4,50,000

3 S27007/12 Absorbent Cotton Wool IP 200 gm Net Packet 2,00,000

4 *S27002 Adhesive Tape U.S.P 10 cm x 5 mtr Roll 3,78,800

5 *S27099 Disposable Surgeon’s Cap – Female 1 No 1 Unit 11,18,100

6 *S27098 Disposable Surgeon’s Cap – Male 1 No 1 Unit 7,40,800

7 *S27100 Disposable Surgeon’s Mask (Double

Layer) 1 No 1 Unit 56,54,600

8 *S27195 Disposable Surgeon’s Mask (Triple Layer) 1 No 1 Unit 8,85,900

9 *S27219 ECG Electrodes 1 No 1 Unit 3,60,800

10 *S27194 ECG Gel 250 gm Bottle 32,100

11 *S27086 Gloves Surgical Rubber (ISI) 6.5” Pair 74,01,900

12 *S27088 Gloves Surgical Rubber (ISI) 7.5” Pair 45,74,400

13 *S27085 Gloves Surgical Rubber (ISI) 6” Pair 8,10,800

14 *S27087 Gloves Surgical Rubber (ISI) 7” Pair 80,76,200

15 *S27199 Gloves Surgical Rubber -Sterile (ISI) 7.5 Pair 6,64,000

16 *S27196 Gloves Surgical Rubber -Sterile (ISI) 6 Pair 1,82,500

17 *S27198 Gloves Surgical Rubber -Sterile (ISI) 7 Pair 12,03,100


Sl. No Drug Code Drug Name Strength Unit Tender Qty

18 *S27197 Gloves Surgical Rubber -Sterile (ISI) 6.5 Pair 10,27,000

19 *S27173

Haemostatic Gelatine Sponge with uniform porosity in Hollow Cylindrical Shape for Rectal

Procedures

1 No 1 Unit 4,400

20 *S27004 Hypo Allergic Acrylic Paper Tape 5 cm x 9 .1 mtr Roll 80,900

21 *S27003 Hypo Allergic Acrylic Paper Tape 2.5cm x 9.1 mtr

Roll 88,100

22 *S27005 Hypo Allergic Acrylic Paper Tape 7.5cm x 9.1

mtr Roll 45,800

23 *S27172 Non Adherent Sterile Rayon

Dressing Impregnated With 10% Povidone Iodine

10x10 cm 1 No 15,500

24 S27230 Plaster of Paris Bandage B.P 10 cm x 2.7 m,

Roll 90,600

25 S27001 Plaster of Paris Bandages B.P 15cm x 2.7mtr Roll 9,06,300

26 *S27101 Polyurethane Nasogastric Feeding Tube

15(CH/FR) 100 cm 1 No 4,100

27 *S27075 Rubber Sheet Mackintosh 1 mtr 1 No 76,900

*Please refer Clause 6.16.5

4.2. Schedule of Requirements

4.2.1. The schedule of requirements showing the quantity of items in every location will be given along with the purchase orders to the successful bidders (called the suppliers). The items are to be delivered at district drug warehouses of KMSCL located at various places in Kerala and/or the places /points specified in purchase order, by door delivery. Locations of the present district drug warehouses are mentioned in Appendix II. It may be noted that KMSCL is in the pursuit of increasing the number of warehouses and the successful supplier has to supply the items to the warehouses mentioned in the purchase orders issued from time to time. Address of the new warehouses will also be available in the official website. It is the responsibility of the supplier to ensure


proper storage and transport of the materials during the transport so as to preserve their properties.

4.2.2. Notification of Dispatch: The supplier shall adhere to the schedule given in clause 5.1.2 & 5.13. On dispatch of the materials, the supplier shall enter the details in TASK so that the warehouse managers will get an intimation of the delivery and can make arrangements for the receipt of the materials.


SECTION V

5. SPECIFIC CONDITIONS OF CONTRACT

5.1. Time Limits prescribed

Sl.No Activity : Time Limit

5.1.1.

Submission of Performance Security and entering into contract

: 15 days from the date of issue of Letter of Intent.

5.1.2

Schedule of dispatch details

0th day : Letter of Intent (LOI)

Within15 days : Agreement and Purchase order

Within 25 day : Tentative dispatch schedule

Within 35 day :

Confirmed dispatch schedule. If the confirmed dispatch schedule is not received on or before 35th day, the purchase order is liable to be cancelled and arrangement for alternate purchases will be done.

5.1.3 Schedule of purchase order and Supply

:

Immediately on finalization of the rate contract, the first set of purchase orders for 75% of the tendered quantity will be placed. If the quantity offered / given in the LOI is relatively small for the supplier to execute, the purchase order will be issued for the 100% tendered quantity. The schedule of supply will be as follows.

No of days from Purchase Order

Minimum % of the ordered quantity to be supplied.

Penalty for default supply

Within 60 days 40%

As specified in Clause

5.1.6

Within 90 days 70%

Within120 days

100%

135th day Automatic Cancellation of purchase order

Schedule of supply for the subsequent PO:


Remaining 25%

Within 35th day

50% As specified in Clause 5.1.6

Within 70th day

100%

85th day Cancellation of purchase order

5.1.4. Payments against supplies

:

95% Payments against invoices will be made on acceptance of the goods after quality checks and balance 5% on furnishing a performance guarantee for 5% contract value for the period mentioned in clause 3.1.6

5.1.5. Cancellation schedule of purchase orders

: The 1st set of purchase orders is liable to be cancelled under the following conditions

1If the supply is less than 30% of the ordered quantity at 5PM of the 60th day

2If the supply is less than 60% of the ordered quantity at 5 PM of the 90th day

3If the supply is less than 90% of the ordered quantity at 5 PM of the 120th day

4If the supply is not completed at 5pm of the 135th day

The second set of Purchase Orders is liable to be cancelled under the following conditions

1 If the supply is less than 40% of the ordered quantity at 5 PM of the 35th day

2 If the supply is less than 90% of the ordered quantity at 5 PM of the 70th day

3 If the supply is not completed at 5 PM of the 85th day.

5.1.6. Penal provisions for supply inefficiency

1 Delayed supply

A penalty of 0.5% per day of the delayed supply upto a maximum of 10%

2 Unexecuted Supply

Procedure for alternate supply as mentioned in Clause 6.27.7. If alternate supply is not possible then a maximum of 10% of the value of the unexecuted quantity will be levied.


5.1.7. Release of EMD

1 Unsuccessful bidders

Within 30days from the date of publication of the L1 bidder

2 Successful bidder

Upon the bidder signing the contract and furnishing the performance security. The EMD of the successful bidder can be adjusted towards the security deposit if the same is furnished as Demand Draft.

5.1.8. Release of security deposit

Within 90 days from the last date / successful completion of the contract.

5.2. Eligibility criteria for participating in the tender

5.2.1. Bidder shall be a manufacturer having original valid drug manufacturing license issued within the country for those items which are drugs as defined in Drugs and Cosmetics Act 1940 or direct importer holding valid import license.

5.2.2. Average Annual turnover in the last three years shall not be less than Rs.1 crores. In case of Micro, small and medium enterprises (here in after referred as MSME) located in Kerala State, the average annual turnover for the last three year shall not be less than Rs.50 Lakhs. The bidder shall submit proof of the same (notary attested audited copy of audited accounts, balance sheet, annual report etc.).

5.2.3. Bidder should have at least 2 years Market Standing as a manufacturer / importer for each item quoted in the tender. (i.e. 2 years should be completed from the date of sale of first batch of each item as on the date of notification of this tender).The bidder should also have manufactured and supplied at least 5 commercial batches of the tendered item in a year for the last 2 consecutive years in respect of which the bidder shall furnish the statements of all batches manufactured year wise in the format given as Annexure IV. Existing suppliers (for the rate contract 2011-12) to the Corporation need not furnish details of manufacture in respect of the item concerned.

5.2.4. The bidder should hold valid GMP certificate and non-conviction certificate for drugs offered.


5.2.5. Tender should not be submitted for the product / products which have been blacklisted by KMSCL. Tender should not be submitted for the product / products which has been blacklisted/debarred by any other State / Central Government’s organization for reason of quality non compliances, GMP non-compliances, major violation of the Drugs and Cosmetics Act. Concern / Company which has been blacklisted by Tender Inviting Authority or blacklisted/debarred by any State Government or Central Government Organization for the above reasons should not participate in the tender during the period of blacklisting.

5.2.6. Bidder should not be a supplier of the Corporation whose 2 or more purchase orders have been cancelled during 2011-12.

5.2.7. Tender should not be submitted for any product manufactured and supplied by the concern / company to KMSCL, in any of the previous bids, if any three batches of that product supplied, when subjected had failed in quality analysis at empanelled laboratories of the TIA.

5.2.8. Concern/company who has withdrawn after participating in any of the previous bids of KMSCL is not eligible to participate in this tender. Concern/company, having entered into a contract after agreeing to the terms and conditions of the tender floated by KMSCL during the past years, but willfully violated such terms and conditions are also not eligible to participate in the tender during the last three years.

5.2.9. Bidders should submit all the necessary documents as prescribed for inclusion in the technical bid under clause.6.10 without any ambiguity, errors etc and who submit the requisite cost of the tender document and also the EMD as DD or Bank Guarantee in the prescribed format/Bankers cheque.

5.2.10. Those firms which were disqualified after factory inspection during the last 2 years will not be eligible for participation in this tender without remittance of Rs.50,000/- as inspection fees.

5.3. Price Preference

5.3.1. Price preference not exceeding 10 % for Domestic MSME and 15% for State Public Sector Undertakings shall be available only for products manufactured by them within the State of Kerala.

5.3.2. For the purpose of granting price preference to those firms as noted in clause 5.3.1 above, those rates (Landed price exclusive of sales tax) less than or equal to 10% above the L1 rate alone will be considered. Price


bids of MSME units located in Kerala quoting more than 10% above L1 rate will not be considered for L1 ranking under any circumstances. Domestic MSME units will also be invited for negotiation, once they are declared as L1 bidder.

The LI ranking with 10% price preference will be calculated as follows :-

10% of Landed price (exclusive of sales tax) of Non-SSI unit = X.

X+ Landed price (exclusive of sales tax) of Non SSI unit, should be less than or equal to the Landed price (exclusive of sales tax) of SSI unit.

eg:- If the Landed price (exclusive of sales tax) of Non SSI unit is Rs.100/-, the Landed price (exclusive of sales tax) of SSI unit should be less than or equal to Rs110.00.


SECTION VI

6. GENERAL CONDITIONS OF CONTRACT

6.1. Contents of the Tender Document:

This ‘Tender Document’ contains the following:

6.1.1 Introduction (Section I)

6.1.2 Scope and Description of Contract (Section II)

6.1.3 Tender Schedule (Section III)

6.1.4 Details of Consumables tendered (Section IV)

6.1.5 Specific Conditions of Contract (Section V)

6.1.6 General Conditions of Contract (Section VI)

6.1.7 Appendices - documents supplied by the tender inviting authority

6.1.8 Annexure – formats for submission of bids by the bidders.

6.2. Responsibility of verification of contents of tender document:

6.2.1. Purchasers of the tender form shall examine all instructions, forms, terms and specifications in the Tender Document and verify that all the contents mentioned under clause 6.1, are contained in the ‘Tender Document’.

6.2.2. Failure to furnish any information required by the tender documents and submission of an offer not substantially responsive to it in every respect shall be at the bidder’s risk and may result in the rejection of the bids, without any further notice.

6.3. Tender Document

6.3.1. The specifications and terms and conditions governing the supply of items are contained in this “Tender Document”

6.3.2. The tender document can be downloaded from website www.kmscl.kerala.gov.in. The bidders shall attach a separate Demand Draft as Cost of tender document (mentioned in Section III) of any Nationalized/scheduled Bank in favour of the Managing Director, Kerala Medical Services Corporation Ltd payable at Thiruvananthapuram, along with the Technical Bid towards the cost of tender document in addition to separate Demand Draft towards EMD, failing which the offer will be rejected.


6.3.3. The tender is also available for purchase from the head office of the Tender Inviting Authority on submission of the prescribed price.

Estimated Cost of materials for which tender invited

(Rs)

Original Copy each (Rs)

Original Copy each with Vat

& cess (Rs)

Duplicate Copy each

Upto 50000 300.00 312.00

50% of the cost of the original, rounded to the nearest multiple of 100 + vat + cess

Above 50,000 upto 10Lakh 1500.00 1561.00

Above 10 Lakh upto 25 Lakh 3750 3902

Above 25 Lakh upto 50 Lakh 7500 7803

Above 50 Lakh Upto 75 Lakh 11250 11705

Above 75 Lakh Upto 1 Crore 15000 15606

Above 1 CroreUpto 1.25 Crore 18750 19508

Above 1.25 Crores to 1.5 Crore 22500 23409

Above 1.5 Crore 25000 26010

6.4. Guidelines for preparation of Tender

6.4.1. The bidder shall bear all costs associated with the preparation and submission of its bid and Kerala Medical Services Corporation Ltd., Thiruvananthapuram, hereinafter referred to as “Tender Inviting Authority”, will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

6.4.2. It is compulsory to provide a check list as per Annexure I as facing sheet for the technical bid/offers submitted so as to enable the Tender Inviting Authority to prima facie verify the compliance of submission of requisite documents at the time of opening of technical bids.

6.4.3. Language of Bid: - The Bid prepared by the bidder and all correspondence and documents relating to the bid exchanged by the bidder and the Tender Inviting Authority, shall be in English language. Supporting documents furnished by the bidder may be written in another language provided they are accompanied by an authenticated accurate translation of the relevant passages in the English language in which case, for purposes of interpretation of the Bid, the English translation shall govern.

6.4.4. The tender once submitted will not be altered in any case and should not have any scope of ambiguity, cutting or overwriting. In case of overwriting /cutting if any, it must be authenticated with signature of the bidder.


6.4.5. The documentary evidence (other than those regarding supply and past performance) submitted along with the Tender shall be produced duly attested by the bidder on every page and serially numbered. Any interlineations, erasures or over writing shall be valid only if they are initialed by the person(s) signing the offer.

6.4.6. The bidder shall furnish a declaration as in Annexure-III-B of having read and accepted the contents of the tender document in full.

6.4.7. The tender shall be typewritten or written in indelible ink and shall be signed by the bidder or person(s) duly authorized to bind the bidder to the Contract with Tender Inviting Authority. The letter of authorization, to the satisfaction of the Tender Inviting Authority, shall be submitted as by written power-of-attorney accompanying the bid/resolution of the board of directors etc.

6.4.8. An offer submitted in vague/ambiguous financial terms and the like, shall be termed as non-responsive and shall be summarily rejected.

6.4.9. A prospective bidder requiring any clarification of the tender documents may notify the Tender Inviting Authority in writing by email or fax at the Tender Inviting Authority’s mailing address/fax number indicated in this tender document. The Tender Inviting Authority will respond to any request for clarification of the tender Documents which it receives before 5 days prior to the deadline for submission of bids.

6.4.10. Clarifications to specific requests shall be responded through e-mail and general clarifications, affecting all the bidders shall be published in the official website of the Tender Inviting Authority. However it shall be the duty of the prospective bidder to ensure that the clarifications sought for has been properly received in time by the Tender Inviting Authority.

6.5. Earnest Money Deposit (EMD):

6.5.1. Non- submission of sufficient EMD as mentioned in Section III along with the Technical Bid shall be one of the primary reasons for rejection of the offer in the first round.

6.5.2. Cheque, Cash payment, Money Order, Fixed deposit etc will not be accepted as EMD and in such cases the tender offer will be rejected.

6.5.3. Public Sector Units within the State or State MSME registered with Govt. of Kerala are exempted from remittance of EMD subject to submission of valid documents.


6.5.4. The EMD shall be in one of the following forms:

A demand draft in favour of Managing Director, Kerala Medical Services Corporation Limited, payable at Thiruvananthapuram;

OR

A Bank Guarantee issued by a nationalized / scheduled bank located in India, in the form prescribed in the tender document (Annexure -VIII) and shall be valid for the period indicated in Section III; Bank Guarantee in any other format will not be acceptable and render the bid non-responsive.

6.5.5. EMD of unsuccessful bidders will be discharged/returned as promptly as possible after publishing of the final L1 rate list by the Tender Inviting Authority.

6.5.6. The successful bidder's EMD will be discharged upon the bidders signing the contract and furnishing the performance security. The EMD of the successful bidder if furnished as Demand Draft can be adjusted towards the security deposit payable.

6.5.7. No interest will be paid for the EMD submitted.

6.5.8. The EMD will be forfeited, if a bidder;

6.5.8.1. Misrepresents facts or submit false/fake documents during the tender process.

6.5.8.2. If the bidder willfully violates any terms and conditions of the tender documents

6.5.8.3. If the bidder withdraws its bid after the opening of technical bid;

6.5.8.4. A successful bidder fails to sign the contract after issuance of offer letter

6.5.8.5. Fails to furnish security deposit after issuance of offer letter.

6.5.9. If the tender offer is rejected on the basis of the non satisfactory inspection report of the production facilities of the firm, an amount equivalent to Rs.50,000/- will be forfeited from the EMD and the balance amount will be refunded. In case where the EMD of the rejected firm is Rs.50,000/- or less, the entire amount will be forfeited.


6.6. Period of Validity of Tender

6.6.1. The tender must remain valid for minimum 180 days from the date of opening of technical bid. A bid valid for a shorter period shall be rejected by theTender Inviting Authority as non-responsive.

6.6.2. Prior to the expiration of the bid validity the Tender Inviting Authority may request the bidder to extend the bid validity for another period of 30 days. The bidder may refuse extension of bid validity without forfeiting the Earnest Money deposit.

6.6.3. The bidder who has extended the bid validity is not required or permitted to modify its bid.

6.6.4. The bidders cannot withdraw their bid within the minimum price firmness period of 180 days.

6.6.5. Withdrawal or non-compliance of agreed terms and conditions after the execution of agreement will lead to invoking of penal provisions and may also lead to black listing/debarring of the successful bidder as per the procedure detailed in clause 6.39, for a period upto 3 years from the date of issue of order and the supplier will be ineligible to participate in any of the Tenders of the Tender Inviting Authority for the particular item for the period of debarring.

6.7. Pre-Tender Meeting

6.7.1. Date of pre-tender meeting is mentioned in Section III.

6.7.2. Pre-tender meeting is called by the Tender Inviting Authority to explain briefly about the requirements as well as the terms and conditions of the tender document and to get the views of the prospective bidders, as part of ensuring transparency in the tender process.

6.7.3. It is an opportunity for the prospective bidder to obtain all the details about the tendered items, conditions governing the bids and also to get the explanation of any ambiguous condition that may be present in the tender document.

6.7.4. It is also an opportunity for the Tender Inviting Authority to assess the market and obtain feedback on the technical specifications/features etc requested by the User Institution/funding agency, so as to make amendments in the tender document on the basis of expert advice.

6.7.5. All prospective bidders who have purchased the tender document or remitted Rs.500/- (non-refundable) as registration fee for the pre-tender


meeting on or before the scheduled date and time can attend. The registration fee can be adjusted with the tender document cost. The venue, date and time is indicated in Section-III.

6.7.6. Failure to attend the pre-tender meeting will not be a disqualification, but a loss of opportunity for the prospective bidders to understand the tender conditions.

6.7.7. Filled up Bids will be accepted only after the date of pre-tender meeting.

6.8. Amendment of tender documents:

6.8.1. Also at any time prior to the last date of sale of Tender, Tender Inviting Authority may, for any reason, or as per directions of the Government, modify the condition in Tender documents by an amendment. All amendments will be notified through the Corporation’s website. In order to provide reasonable time to take the amendment into account in preparing their bid, Tender Inviting Authority may, at his discretion, extend the date and time for submission of bids.

6.8.2. Purchasers of tender documents are requested to browse the website of the Tender Inviting Authority for information/general notices/amendments to tender document etc on a day to day basis till the tender is concluded.

6.9. Tendering System

6.9.1. The Bids are to be submitted in two Parts i.e. Cover - A & Cover- B.

6.9.2. Cover–A titled as TECHNICAL BID shall contain the complete technical details of the firm and the documents to prove the competency of the bidder. Apart from the documents and copy of the purchased tender document, the necessary enclosures should be submitted in this technical bid. In short, the technical bid should contain all the necessary documents to prove the technical competency and capability of the bidder for supplying items meeting the quality standards and technical specification to the satisfaction of the Tender Inviting Authority and the user institution. In addition to the above the bidder shall furnish MPMASS of the offered products in a separate sealed cover along with the technical bid.

6.9.3. Cover - B titled as PRICE BID shall contain only the ‘Price Bid Form’ duly filled in the prescribed proforma(Annexure-IX). Price Bid not


submitted in the prescribed proforma will not be considered for evaluation

6.9.4. The tender offers, duly filled, shall be submitted in two separate sealed covers separately for technical and price bids respectively. Such covers shall be super scribed as “TECHNICAL BID – COVER ‘A’ - TENDER.NO. KMSCL/DRGED (V) /RC /2012 /001 DATED 10-01-12. FOR THE SUPPLY OF CONSUMABLES (CATEGORY–V)” or “PRICE BID – COVER ‘B’ - TENDER.NO. KMSCL/DRGED (V) /RC /2012 /001 DATED 10-01-12. FOR THE SUPPLY OF CONSUMABLES (CATEGORY–V)” as the case may be. Both the sealed covers shall be enclosed in another sealed (third) cover which should also be super scribed as TENDER.NO. KMSCL/DRGED (V) /RC /2012 /001 DATED 10-01-12. FOR THE SUPPLY OF CONSUMABLES (CATEGORY–V)”

6.9.5. Every cover shall also indicate the name and address of the bidder.

6.9.6. A Third Cover, containing the above two sets of documents in separate covers shall be sealed and marked properly and shall be addressed to;

The Managing Director Kerala Medical Services Corporation Ltd Thycaud.P.O., Thiruvananthapuram -695014, Kerala

6.9.7. The outer (third) cover shall indicate the Tender No, last date & time of receiving the tender, the name and address of the bidder to enable the Tender Inviting Authority to return the same unopened to the bidder in the event it arrives later than the stipulated time and date or is declared invalid otherwise.

6.9.8. If the bids are not submitted as per the requirement of the above clauses, the Tender Inviting Authority shall assume no responsibility for the misplacement of bid offer or premature opening and consequential rejection.

6.9.9. The details of the required items are shown in Section IV. Quantity mentioned is only the tentative requirement and may increase or decrease as per the decision of the Tender Inviting Authority especially in relation to any Government directions. The rates quoted should not vary with the quantum of the order or the destination.


6.9.10. Tender has been called for in the generic names of items. The bidders should quote the rates for the generic. Where branded generic is offered the brand shall also be stated. In case of imported items in different brand names, all documents produced shall relate to the brand offered. The products offered shall comply with the tender specification given in Section IV. Any variation found will result in the rejection of the tender.

6.9.11. Rates (inclusive of Sales Tax, Excise Duty, Customs duty, transportation, insurance, and any incidental charges) should be quoted for each of the required items separately on door delivery basis according to the unit ordered. Tender for the supply of consumables with cross conditions like “AT CURRENT MARKET RATES” shall not be accepted. Handling, clearing, transport charges etc., will not be paid. The delivery should be made as stipulated in the purchase order placed with successful bidders.

6.9.12. Each bid must contain not only the unit rate but also the total value of each item quoted for supply in the respective columns. Tender Inviting Authority at its discretion, will exercise, the right to revise the price at any stage so as to conform 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.

6.9.13. The price quoted by the bidders shall not, in any case exceed the controlled price, if any, fixed by the Central/State Government and the Maximum Retail Price (MRP). Tender Inviting Authority at its discretion, will exercise, the right to revise the price at any stage so as to conform 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.

6.9.14. The rates quoted and accepted will be binding on the bidder during validity of the bid and any increase in the price will not be entertained till the completion of this tender period.

6.9.15. No bidder shall be allowed at any time on any ground whatsoever to claim revision or modification in the rates quoted by him. Representation to make correction in the tender documents on the ground of Clerical error, typographical error, etc., committed by the bidders in the Bids shall not be entertained after submission of the bidders. Cross Conditions such as “SUBJECT TO AVAILABILITY” “SUPPLIES WILL BE MADE AS AND WHEN SUPPLIES ARE


RECEIVED” etc., will not be considered under any circumstances and the bidders of those who have given such conditions shall be treated as incomplete and Tender will be summarily rejected.

6.9.16. Supplies should be made directly by the bidder and not through any other agency and the invoice should be in the name of the bidder.

6.9.17. The bidder shall allow inspection of the factory at any time by a team of Experts/Officials of the Tender Inviting Authority. The bidder shall extend all facilities to the team to enable to inspect the manufacturing process, quality control measures adopted etc., in the manufacture of the items. Photographs of the key manufacturing areas shall be permitted to be taken, but will not be published as last year in the website due to misuse by competitors.

6.9.18. Complaints by suppliers should be submitted to the Managing Director in writing. The complaints by the supplier will not be entertained unless it is submitted within 7 days after the supplier became aware of circumstances / should have become aware of circumstances.

6.10. Contents of the Technical Bid - Cover “A”

6.10.1. The bidder should furnish the following in a separate cover hereafter called "Cover A".

Sl:No: Documents to be submitted Format

prescribed 6.10.1.1 Earnest Money Deposit,IFNOT EXEMPTED shall be equal to

1% of the total aggregate value of items tendered for, subject to a minimum of Rs.30,000/- in the form of Demand Draft favouring Managing Director, Kerala Medical Services Corporation Ltd., payable at Thiruvananthapuram / Bank Guarantee for a period of 180 days from the date of opening of the technical bid. State Micro, Small and Medium Enterprises registered with Government of Kerala and PSU’s of Government of Kerala are exempted from remittance of Earnest Money Deposit. Domestic MSME's shall furnish valid registration certificate from the competent authority.

Demand Draft / Bank Guarantee

6.10.1.2 Demand draft/ banker’s cheque for the cost of tender document as prescribedfavoring Managing Director, Kerala Medical Services Corporation Ltd., payable at Thiruvananthapuram as cost of the tender document, if the tender document is downloaded

Demand Draft

6.10.1.3 Documentary evidence for the constitution of the company Scanned copy in


/concern such as Memorandum and Articles of Association, along with notary attested copies of Form 32 whenever there is a change of Directors, Latest Partnership deed (Notary attested copy) etc. with details of the Name, Address, Telephone Number, Fax Number, e-mail address of the firm and of the Managing Director / Partners / Proprietor.

DVD / Hard Copy

6.10.1.4 Notary attested photocopy of License/Certificate of renewal/current validity certificate along with the product permit for the product(s), duly approved by the Licensing authority for all product(s) quoted. Items quoted along with specifications shall be clearly highlighted in the product permit.

DVD / Hard Copy

6.10.1.5 Notary attested photocopies of valid import licenses (to prove 2 year market standing) in Form 10, if the product(s) is imported.

DVD / Hard Copy

6.10.1.6 Notary attested copies of valid import registration certificates (to prove 2 year market standing) of product (s) issued by CDSCO in Form 41, if the product(s) is imported

DVD / Hard Copy

6.10.1.7 Notary attested copy of valid license for the sale of Drugs imported by the firms issued by the licensing authority shall be enclosed, if the product(s) is imported

DVD / Hard Copy

6.10.1.8 The instruments such as power of attorney, resolution of board etc., authorizing an officer of the bidder should be enclosed with the tender and such Authorized officer of the bidder should sign the tender documents. The signature and photograph of the authorized officer on the power of attorney/resolution should be attested by the company/concern director/ managing partner/ proprietor

Hard Copy

6.10.1.9 Authorization letter nominating a responsible officer of the bidder to transact the business with the Tender Inviting Authority. Liaison agents, commission agents, sales organizers etc. who are not employees of the bidder are not permitted

Hard Copy

6.10.1.10 Market Standing Certificate issued by the Licensing Authority as a Manufacturer for each drug quoted (Certificate should be enclosed with list of items). In case of imported products the bill of lading for the last 2 consecutive years for each product offered. The direct importers shall also submit the name of the countries where the product is exported by the manufacturer for the last 2 years

DVD / Hard Copy

6.10.1.11 Sales Tax Clearance certificate, as on 31.03.2011 (as per form attached in Annexure-II)

DVD / Hard Copy

6.10.1.12 Notary attested copy of Current Good Manufacturing DVD / Hard


Practices Certificate (cGMP) as per revised Schedule-‘M’ (for manufacturers only) / WHO standards issued by the Licensing Authority. The bidder shall also furnish a notarized affidavit in the format given in Annexure-III and Enclosures to Annexure III declaring that the bidder complies the requirements of cGMP (as per revised Schedule-‘M’)

Copy

6.10.1.13 Notary attested statement of manufacture of item offered in the last 2 years shall be furnished. The bidder should also furnish the details in the proforma for Performance Statement given in Annexure-IV

DVD / Hard Copy

6.10.1.14 Annual turnover statement for last 3 years i.e in the format given in Annexure-V certified by the Auditor

DVD / Hard Copy

6.10.1.15 Non-conviction Certificate issued by the Drugs Controller of the state (latest) certifying that the manufacturer/importer has not been convicted under the provisions of the Drugs & Cosmetics Act 1940, by any court of law in contravention to the above Act and Rules

DVD / Hard Copy

6.10.1.16 Notary attested copies of audited balance Sheet and Profit and Loss Account for last three years

Hard Copy

6.10.1.17 Declaration (as in the Proforma given in Annexure-VI) for printing/ embossment of logo of the corporation as given in Enclosure I to Annexure VI and Printing of the words “Kerala Government Supply- Not for Sale” on the labels and on all the packing of the products as given in Enclosure II to Annexure VI and as per conditions specified at Clause 6.28.2 herein, notarized by the Notary Public

Hard Copy

6.10.1.18 Details of Manufacturing Unit in Annexure-VII. The details containing the name and address of the premises where the items quoted are actually manufactured

Hard Copy

6.10.1.19 Documents, if any, to show that the manufacturing unit / importer have been recognized, by WHO, ISO Certificate etc

DVD / Hard Copy

6.10.1.20 Details of technical personnel employed in the manufacture and testing of drugs (Employee Name, Qualification, and Experience) as endorsed in license

DVD / Hard Copy

6.10.1.21 Two copies of List of items quoted (The Name, Drug Code, Strength and unit pack details of the Items quoted alone should be furnished and the rates of those items should not be indicated in this list)

Hard Copy

6.10.1.22 The bidder should furnish the declaration as per Annexure III B as a proof of having read and accepted the tender document in full.

Hard Copy


6.10.1.23 A Checklist (Annexure-I) for the list of documents enclosed with their page number. The documents should be serially arranged as per Annexure-I and should be securely tied or bound. Non submission of any of the documents will result in rejection of the bid offer of the item quoted.

Hard Copy

6.10.1.24 The MPMASS of the offered products furnished in proforma given in Annexure-XIV and enclosed in a separate sealed cover.

DVD (Excel & PDF) / Hard

Copy

6.11. Content of price bid - COVER”B”

6.11.1. Only the Price Bids of those firms qualified in the detailed scrutiny and evaluation of the Technical bid, sample evaluation and successful factory inspection conducted by the Technical Committee / Tender Inviting Authority shall be opened in the second round.

6.11.2. The price bid shall be submitted in the format given in this document as Price Bid Form (Annexure IX) The Price bids submitted in any other formats will be treated as non-responsive and not considered for tabulation and comparison.

6.11.3. The bidder shall fill up the rate in the Annexure-IX or item/s quoted and such filled up Annexure-IX should be submitted. Bid should be either typewritten or written in indelible ink and every correction and interlineations in the bid should be attested with full signature by the bidder, failing which the bid will be ineligible. Corrections done with correction fluid should also be duly attested. Each page of the price bid should be duly signed by the bidder affixing the office seal.

6.11.4. The rate quoted per unit or landed price in Annexure-IX shall be inclusive of sales tax, Excise duty or Customs duty as the case may be and freight, Insurance etc.,

6.11.5. The rate quoted in column 11/12 of Annexure-IX should be for a unit and given specification. The bidder is not permitted to change / alter specification or unit size given in the Annexure IX.

Note :- The certificate of GMP, non-conviction, market standing etc produced shall be either for production before KMSCL or in general terms as to whomsoever concerned and shall be current one.


6.11.6. The landed price in column 11/12 of Annexure IX shall only be considered for bid ranking and for calculation of price preference to the Domestic MSME.

6.11.7. The bidder shall necessarily quote the excise duty or customs duty applicable and when the item is excisable or imported as the case may be.

6.11.8. The bidder shall specifically mention "EXEMPTED" when the item is excisable but exempted for time being based on turn over or for any other grounds by the notification issued by the Government of India (Also refer clause 6.31.6).

6.11.9. The bidder once quoted the excise rate is not permitted to change the rate/amount unless such change is supported by the notification issued by the Government of India or by the order of the court, after submission of Tender.

6.11.10. The bidder who has quoted excise “NIL” and the item is excisable, on award of contract, will be eligible for payment only on production of invoices drawn as per Central Excise Rules.

6.12. Method of Submission of tender

6.12.1. The Tender shall be sent by registered post or by courier to the above address or dropped in a box specifically kept at the Head Office of Kerala Medical Services Corporation Ltd at Thycaud, Thiruvananthapuram -14.

6.12.2. Tender sent by telex or fax or email is void.

6.13. Deadline for submission of tender.

6.13.1. Bids must be received in the office of the Tender Inviting Authority at the address mentioned in Clause 6.9.6 not later than the time and date specified in the Tender Schedule (Section III).

6.13.2. In the event of the specified date for submission of tender being declared holiday, the tender shall be received up to the appointed time on the next working day.

6.13.3. If the Tender is sent by Registered post or by Courier, it should reach the above office on or before the time and date stipulated for the receipt of Tender. The Tender Inviting Authority shall not be held liable for the delay in transit where the Tender is sent by post or courier.


6.13.4. The Tender Inviting Authority may, at its discretion, extend the deadline for submission of Tender by amending the Tender Document, in which case, all rights and obligations of the Tender Inviting Authority and the bidders previously subjected to the deadline shall thereafter be subjected to the same deadline so extended.

6.14. Modification and Withdrawal of Bids

6.14.1. The bidder may modify or withdraw its bid after the bid submission, provided that written notice of the modification or withdrawal is received by the Tender Inviting Authority before the date opening of technical bids.

6.14.2. The tender modification or withdrawal notice shall be signed by the bidder or his/her authorized representative, who has signed the original tender documents. A withdrawal notice may also be sent by fax or email but should necessarily be followed by a signed confirmation copy to be received at the head office of the Tender Inviting Authority before the date of opening of the technical bids.

6.14.3. No bid will be allowed to withdrawn in the interval after the opening of technical bids and the expiration of the period of bid validity specified in the tender document. Withdrawal of a bid during this interval will result in the forfeiture of its EMD and may lead to black listing of the bidder for a period upto 3 years from the date of issue of such order and the bidder shall be ineligible to participate in any of the bids of the Tender Inviting Authority for that period.

6.15 Opening of Tender

6.15.1 The opening of the technical bid and the price bid shall be done by the Tender Inviting Authority or his authorized representative in the presence of the prospective bidders or his/her representative who choose to attend at the respective time and place mentioned in Section III.

6.15.2 The bidders or representatives present for the opening of the envelopes shall sign registers evidencing their attendances.

6.15.3 In the event of the specified date for opening of Tender being declared holiday, the Tender shall be opened at the appointed time and venue on the next working day.


6.15.4 The bidder’s names, the presence or absence of the requisite EMD and such other details as the Tender Inviting Authority may consider appropriate, shall be announced at the time of opening of the Tender.

6.15.5 In the event of the tender and claims in the covers are materially missing or of substantial error or unqualified for want of required qualifications, shall stand disqualified and rejected. However, minor infirmities in the submission of documents will be allowed to be rectified so as to ensure qualification of maximum number of competitive bidders to the final round.

6.15.6 The bidder shall be responsible for properly super scribing and sealing the envelopes and the Tender Inviting Authority shall not be held liable for accidental opening of the envelopes before the time appointed for opening of the envelopes.

6.15.7 The date and time of opening of Price Bids will be announced only after the opening of the Technical Bid and the conclusion of Inspection of manufacturing facilities and sample evaluation. The date and time will be published on the website along with list of list of eligible bidders.

6.15.8 Scanned copies of the key documents such as drug license, GMP certificate, market standing certificate, non-conviction certificateetc submitted by the bidders as part of the technical bid and the price bid may be published in the website of the Tender Inviting Authority immediately after opening of the bids as part of transparency policy of the Corporation.

6.16 Evaluation of Tender

6.16.1 Before starting the scrutiny of the technical bid documents, the following iteration shall be done to evaluate and arrive at this MPMASS.

6.16.1.1 The product mix offered by every prospective bidder for an item along with assured monthly quantity offered shall be published.

6.16.1.2 Every prospective bidder will be given an opportunity to submit another sealed cover offering again a revised MPMASS for products that are offered originally and whose price bid have already been submitted. At this stage, the Tender Inviting Authority will discuss and encourage prospective bidders to limit the number of items in the product mix so that they can manufacture lesser number of products in larger quantity without waste of time for clearing / other procedure for product change.


This MPMASS will be evaluated during the factory inspection, if conducted or the tender inviting authority may at its discretions conduct the factory inspection to verify whether the manufacturing units offered for the products have the capacity.

6.16.2 The tender inviting authority after this counseling with the prospective bidder shall publish the final MPMASS -, which shall be binding to all bidders and the technical bid and price bid of such product with finalized MPMASS will only be considered. Products offered less than 7.5%of the tendered quantity will be disqualified normally at this stage.

6.16.3 Originals of Sales Tax Clearance Certificate, Non Conviction Certificate, and Market Standing Certificate should be produced at the time of evaluation of tender for verification and return.

6.16.4 The findings of the Bid Evaluation Committee on whether the bids are responsive or non-responsive or requiring clarifications will be published on the website.

6.16.5 For items with asterix (*) marks in Section IV, bidders shall furnish 10 sample units free of cost. The items submitted as samples should be of the same specifications for which the tender has been quoted. Any deviations from this will result in rejection of the sample. Out of the 10 samples submitted, 7 units shall be blinded samples (only the tender code No, name of the item, drug code as in tender document shall be printed on the label) and 3 units shall be with all the prescribed label claims (sales pack) with additional details like Tender code No & Drug Code. The blinded samples will be handed over to the technical evaluation committee, for evaluation. The decision of the technical committee on acceptance/rejection of the sample will be final and shall not been disputed.

Note :- This is a win-win situation for both the tender inviting authority and the prospective bidders. The supplier will not be thrust up on more than what they can manufacture. The wastage due to product change will be minimized resulting in more effective use of plant & machinery. The economics of scale due to bulk order for raw materials, packing materials etc are also advantages. On the other hand, the Tender Inviting Authority will get more competitive offers, more or less evenly distributed for more number of products. Sometimes, this process may have to be undertaken even after the technical bid evaluation, but before price bid opening.


6.16.6 The samples for evaluation shall be submitted in a separate sealed cover superscripted byTENDER.NO. KMSCL/DRGED (V) /RC /2012 /001 DATED 10-01-12. FOR THE SUPPLY OF CONSUMABLES (CATEGORY–V)”only and no other identity marks, address etc shall be shown anywhere on the cover. The details of samples such as drug code, drug name, specification, name of the manufacturer, number of units submitted etc must be mentioned preferably on the letter head of the firm and to be kept inside the cover.

6.16.7 Those bidders who are the current supplier to premier health care institutions like AIIMS, PGI Chandigarh, JIPMER, SGIPS LUCKNOW, NIMHANS, SreeChithra Institute of Medical Science, RCC and MCC are exempted from the submission of samples for evaluation in respect of the products supplied to these institutions. Factories approved by USFDA, having WHO – GMP / ISO certification will also be exempted from sample evaluation in respect of products / facilities for which they hold such approval. Such bidder should produce relevant documents such as copies of Purchase orders for the respective products, USFDA approval, and WHO-GMP / ISO certificate.

6.16.8 Those suppliers of the Corporation for the year 2011-12 with satisfactory track record need not submit samples for evaluation for that product.

6.16.9 The successful bidders who were exempted from the submission of samples shall, on demand, furnish sufficient number of the samples of products supplied to such institution. The items supplying to the Corporation should conform to the samples submitted.

6.16.10 The inspection of the production facilities of those firms which has not been inspected during the past years and that of the new participants shall be conducted as detailed in clause 6.18 .by a team of experts.

6.16.11 The list of eligible bidders and their accepted products / rejected bidders as per the findings of the decisions of the Bid evaluation Committee / Inspection team will be published in the notice board and website of the Tender Inviting Authority, inviting complaints / suggestions from the bidders / public.


6.16.12 The complaints / suggestions received will be scrutinized by the bid evaluation committee and their findings along with the provisional list of eligible bidders qualified for price bid opening along with the date of opening of the price bids will be published in the notice board and website.

6.16.13 The price bids will be scrutinized by a Bid Evaluation Committee constituted by the Tender Inviting Authority.

6.16.14 The provisional drug wise rate list of all the accepted products of the eligible bidders and list of rejected bidders will be published in the notice board and website of the Tender Inviting Authority inviting complaints / suggestions from the bidders / public.

6.16.15 The complaints / suggestions received will be scrutinized by the bid evaluation committee and their findings along with the provisional rank list (L1, L2, and L3) and the date of negotiation with the L1 bidder will be published in the website and the Notice Board of the Corporation.

6.16.16 Negotiation with the L1 bidders will be conducted and final L1 rate contract list will be published, in the website and the Notice Board of the Corporation.

6.16.17 All the other bidders in the provisional rate list will be permitted to match their offered rate with the final L1 rate published.

6.16.18 A bidder, at any stage of tender process or thereafter, in the event of being found after verification by the Tender Inviting Authority, to indulge in concealment or misrepresentation of facts, in respect of the claims of the offer, shall be debarred/black listed for a period as decided by the Tender Inviting Authority.

6.16.19 The Tender Inviting Authority’s decisions on the tender submitted shall be based on the decisions taken by the various technical committees and otherwise as per the clauses as mentioned above.

6.16.20 Arithmetical errors shall be rectified on the following basis: If there occurs a discrepancy between words and figures, the amount in words shall prevail and the offer shall stand corrected to that effect. If the bidder does not accept the correction of errors, his offer shall be rejected. The Tender Inviting Authority may waive any minor infirmity


or non-conformity or irregularity in an offer, which does not constitute a material deviation, provided that the same shall not prejudicially affect the interest of the other bidders.

6.17 Clarification of Bids

6.17.1 During evaluation of bids, the Tender Inviting Authority may, at its discretion, give opportunity to the bidder(s) for clarification of points raised by the bid evaluation committee on its bids submitted.

6.17.2 The request for clarification and the response shall be in writing, either through email or fax or by post.

6.18 Inspection of Manufacturing Facilities.

6.18.1 In pursuance to clause 6.16.11 inspection of multiple locations / all locations of the production facilities will be done, by different teams consisting of experts from the User Institutions / funding agencies / Drugs Control Department / College of Pharmaceutical Sciences. Specialists may also be co-opted into the team as deemed fit by the Tender Inviting Authority

6.18.2 All the expenses incurred for the inspection will be borne by the Tender Inviting Authority. For those manufacturing facilities of bidders, who have failed to qualify in the inspections conducted by the Corporation, fresh inspections will be conducted only upon remittance of `Rs.50,000 as part of the Technical Bid as Inspection Fee

6.18.3 All parts of the manufacturing units including the quality control section will be subjected to rigorous inspection/auditing, irrespective of the items quoted. The bidder will have to provide necessary arrangements for the conduct of inspection of all the sections and failure to co-operate with the inspection of the different facilities or in providing information as per the details in the standard inspection report format, published in the website, will lead to disqualification. However, undue demands, beyond the scope of the standard inspection report format etc made by the members of the Inspection team shall be immediately notified to the Tender Inviting Authority by the manufacturer by fax, so that the disputes could be resolved before the Inspection Team leaves the


manufacturing facilities. The decisions of the Inspection team will not be communicated to the bidder at their site and shall only be published on the website later.

6.18.4 Entry to all the areas of production including sterile products manufacturing/filling areas shall be facilitated.

6.18.5 The availability of plant &machinery, technical experts, analytical facilities of quality control lab etc as claimed in the technical bids along with the compliance of standard operating procedures adapted for the production of quality assured products, and in case of drugs, all other parameters mentioned in the schedule M of the Drugs and Cosmetics Act shall be evaluated by the team for considering the eligibility of the firm. Claim of holding the valid GMP certification/valid license will not be accepted for eligibility, if the procedures are not followed as stipulated in the schedule M of the Drugs and Cosmetics Rules, or if the available plant/ machinery are not in working condition at the time of inspection. Tender offer will be rejected in such cases.

6.18.6 Minimum Production capacity to meet the demand of the tendered quantity with respect to available production facilities will be criteria for determining the acceptance/rejection of the firm. The Inspection team shall also verify the ability of the bidder in fulfilling the supply schedule and manufacturing capacity as submitted in Annexure IV as part of the technical bid.

6.18.7 Control samples and batch manufacturing records for the products offered will be checked during inspection. Failure to produce any one batch of the control samples will result in the rejection of that product from the tender offer.

6.18.8 Copy of one full set of the technical bid should be made available at the time of inspection

6.18.9 Originals of all the documents submitted in the technical bids, should be produced for verification by the inspection team. Failure to produce any of the original documents will result in the rejection of the tender offer.


6.18.10 Key manufacturing areas will be photographed by the inspection team, as part of transparency and cross verification. Denial of permission for photographing may result in the rejection of tender offer.

6.18.11 Failure to observe any of the conditions of the licenses issued under the Drugs and Cosmetics Act, by the manufacturer, if reported by the inspection team will result in the rejection of the tender offer.

6.18.12 The corporation may at its discretion exempt those suppliers who are the current supplier to premier health care institutions like AIIMS,PGI Chandigarh, JIPMER, SGIPS LUCKNOW, NIMHANS, SreeChithra Institute of Medical Science, RCC and MCC, from the prequalification criteria of factory inspection in respect of the products supplied to these institutions. Factories approved by USFDA having WHO – GMP / ISO certification will also be exempted from factory inspection in respect of products / facilities for which they hold such approval. Such bidder should produce relevant documents such as copies of PO for the respective products, USFDA approval, and WHO-GMP / ISO certificate.

6.19 Acceptance /Rejection of bidders:

6.19.1 Price is not the sole criteria for selection of bidders and items. Where verifications revealed that the bidder is not in a position to supply the minimum quantity offered /stipulated, the bid will be rejected. Bidders shall be in a position to supply at least 15% of the tendered quantity per month as a product mix to meet the delivery schedule prescribed.

6.19.2 The tender document attaches prime importance to the following factors before looking at the prices of the products offered

6.19.2.1 Quality of the product supplied.

6.19.2.2 Manufacturing capacity of the bidder when offered as product mix.

6.19.2.3 The competency of the bidder to supply the products.

6.19.3 Proper packing, transport and other factors that could affect the quality and shelf life of the items would also be considered. Usually the lowest offers of bidders qualified for the price bid opening shall be accepted, unless one sided conditions unacceptable to the Tender Inviting


Authority are provided in such price bid. The evaluation and comparison shall include 10% price preference for domestic MSME and 15% for state public sector undertakings.

6.19.4 At any point of time, the Tender Inviting Authority reserves the right to cancel or modify the supply order for the supply of all items or for any one or more of the items in a tender even after it is awarded to the successful bidder for breach of terms and conditions of the agreement.

6.19.5 Price Bids without mentioning the units / strength or with altered unit / strength shall be treated as non-responsive and rejected.

6.19.6 Tender Inviting Authority, or his authorized representative(s) has the right to inspect the factories of bidders, before releasing any purchase order(s) or at any point of time during the continuance of tender and also has the right to reject the tender or terminate / cancel the purchase orders issued and or not to re-order, based on adverse reports brought out during such inspections.

6.19.7 The acceptance of the bidders will be communicated to the successful bidders in writing.

6.20 Other terms and Conditions

6.20.1 The bidder will be responsible for making all statutory payments such as Income Tax, Sales Tax, Customs/Excise Duties etc. if it found that some statutory deduction is to be made at the source, the Tender Inviting Authority will have the authority to do so.

6.21 Notices

6.21.1 The Tender Inviting Authority will publish the following information on its website at the appropriate time as part of ensuring transparency in the tender process;

6.21.2 The tender notices, documents, corrigendum, addendum etc if any.

6.21.3 Amendments to the tender conditions, if any, especially after the pre-tender meeting

6.21.4 The original MPMASS and revised MPMASS offered.


6.21.5 Results of the responsiveness of the technical bids and minor infirmities/clarifications sought.

6.21.6 List of bidders whose manufacturing facilities are to be inspected and list of bidders exempted from such inspection.

6.21.7 Results of the Inspection of manufacturing facilities and the list of qualified and disqualified firms with reasons for disqualifications

6.21.8 List of bidders qualified for price bid opening and reasons for rejection of unqualified bidders.

6.21.9 Provisional drug wise rate list with the bid ranking status.

6.21.10 Provisional L1 rate list for negotiation.

6.21.11 Final Rate Contract list

6.21.12 The effective date of a notice shall be either the date when delivered to the recipient or the effective date specifically mentioned in the notice.

6.22 Award of Contract

6.22.1 Criteria:-The contract will be awarded to the lowest evaluated responsive bidder qualifying to the final round after scrutiny of the technical bids, sample evaluation and inspection of factory premises, i.e. after price bid opening.

6.22.2 Variation of Quantities during Currency of Contract:- The Tender Inviting Authority reserves the right to increase or decrease the quantity of goods mentioned under clause. 4.1, normally by 25% without any increase in the unit price and other terms & conditions quoted by the bidder.

6.23 Notification of Award/Offer Letter

6.23.1 Before expiry of the tender validity period, the Tender Inviting Authority shall issue Letter of intent / Purchase Order in respect of the item selected.Communication by email will be deemed as valid communication of the order.

6.24 Signing of Contract


6.24.1 The successful bidder, upon receipt of the Letter of intent / Purchase Order, shall communicate the acceptance of the order in the copy of the order and furnish the required performance security and also submit an agreement in the prescribed format as given in Annexure-X within 15 days, failing which the EMD will be forfeited and the award will be cancelled. The agreement specified shall be on a non-judicial Kerala stamp paper of value of Rs.100/- (stamp duty to be paid by the bidder).

6.24.2 If the successful bidder fails to execute the agreement and / or to deposit the required security deposit within the time specified or withdraws his tender after the intimation of the acceptance of his tender has been sent to him or owing to any other reasons, he is unable to undertake the contract, his contract will be cancelled and the Earnest Money Deposit deposited by him along with his tender shall stand forfeited by the Tender Inviting Authority and supplier shall also be liable to be blacklisted, for a period upto three years immediately succeeding the tender year and the bidders will be ineligible to participate in any of the bids of the Tender Inviting Authority during the said period.

6.24.3 Non compliances in any of the contract provisions will disqualify the bidder to participate in any tender floated by KMSCL for a maximum period upto 3years.

6.24.4 The bidder shall not, at any time, assign, sub-let or make over the contract or the benefit thereof or any part thereof to any person or persons what so ever.

6.24.5 Tender Inviting Authority will be at liberty to terminate the contract either wholly or in part on 15 days notice. The bidder will not be entitled for any compensation whatsoever in respect of such termination.

6.24.6 For infringement of the stipulations of the contract or for other justifiable reasons, the contract may be terminated by the Tender Inviting Authority, and the bidder shall be liable for all losses sustained by the Tender Inviting Authority, in consequence of the termination which may be recovered personally from the bidder or from his properties, as per rules.


6.24.7 All notices or communications relating to or arising out of this agreement or any of the terms there of shall be considered duly served on or given to the bidder if delivered to him or left at the premises, places of business or abode.

6.25 Security Deposit

6.25.1 There will be a Security Deposit amounting to 5 % of the total value of the awarded items as Letter Of Intent including taxes, which shall be submitted by the successful bidder to the Tender Inviting Authority within 15 days from the date of issuance of offer letter.

6.25.2 The Security Deposit should be paid upfront along with each contract on or before the due date fixed in the offer letter by Tender Inviting Authority in the form of Demand Draft drawn in favour of the Managing Director, Kerala Medical Services Corporation Limited payable at Thiruvananthapuram / Bank Guarantee in the format as given in Annexure XI for a period of 15 months from the date of execution of the agreement or three months after successful completion of the contract whichever is later

6.25.3 Failure of the successful bidder in providing Security Deposit mentioned above and/or in executing the agreement in time shall make the bidder liable for forfeiture of its EMD and blacklisting of the firm up to 3 years.

6.25.2 The Security Deposit shall be denominated in Indian Rupees or in the currency of the contract and it shall be in any one of the forms namely Account Payee Demand Draft or Bank Guarantee issued by a Scheduled / Nationalized bank in India, in the prescribed form as in Annexure XI provided in this document endorsed in favour of the Tender Inviting Authority valid for a period of 15 months from the date of execution of the agreement or three months after successful completion of the contract whichever is later

6.25.3 In the event of any failure /default/deviations from the tender agreement of the successful bidder with or without any quantifiable loss to the Tender Inviting Authority, the amount of the Security Deposit is liable to be forfeited.

6.25.4 Tender Inviting Authority will release the Performance Security without any interest to the successful bidder on completion of the successful bidders all contractual obligations.


6.25.5 The Bank Guarantee submitted in place of EMD/Security deposit / performance Bank Guarantee shall be in the prescribed formats as in Annexure to this document. Bank Guarantee in no other form will be accepted and will be liable for rejection of bidders.

6.26 Purchase Policy

6.26.1 After the conclusion of Price Bid opening (Cover B), the lowest offer of the bidder is considered for negotiation and rate arrived after negotiation is declared as L1 rate and the bidder offering the L1 rate for an item or items of Drugs for which the tender has been invited shall be called as L1 bidder.

6.26.2 The L1 bidder shall execute necessary agreement as specified in the Tender Document on depositing the required amount as Security Deposit and on execution of the agreement such bidder shall be eligible for the placement of Purchase Orders for the items quoted.

6.26.3 If two or more bidders are declared as L1 bidder for the same item, such bidders shall execute necessary agreement as specified in the Tender Document on depositing the required amount as Security Deposit and on execution of the agreement such bidder is eligible for the placement of Purchase Orders for the items quoted by them.

6.26.4 KMSCL will inform the L1 rate to the other bidders who were eligible for Price (Cover B) Bid opening, inviting their consent to match L1 rate for the item quoted by them and the bidder who has given consent, in writing, will be considered as Matched L1. The bidders consent for matching L-1 rate shall furnish the breakup details of Price (L-1 Rate) in Format in Annexure-X.

6.26.5 The L1 supplier is entitled to be placed the Purchase Orders for the items and if there are more than one L1 supplier, the Purchase Orders for the requirement of items will be placed among them in equal proportions, Provided that no L1 bidder is entitled to be placed Purchase Orders exceeding the production capacity indicated by the supplier in the agreement executed by them.

6.26.6 The quantity of items to be ordered with the L1 bidders, including MSME’s and State PSU’s will be decided considering their MPMASS. The Corporation reserves the right to split the order with two or more suppliers willing to match with L1 rate considering the quantity tendered, offered quantity, MPMASS given by the bidders. The division


will be according to the bid ranking status. If there are more than one L1 bidder, then the quantity will be divided equally. If L2 matches with L1 then the quantity will be ordered in the ratio 70:30. In case of bulk quantity, If L2 & L3 matches with L1 then the ratio will be 50:30:20. In case L2 / L3 bidder has not matched with the L1 rate then the share of the order will be given to the next matched bidder according to the bid ranking status.

6.26.7 If the L1 supplier has failed to supply the required items within the stipulated time or within the time extended as the case may be, KMSCL will cancel the purchase orders pending unexecuted. On such cancellation, KMSCL will place Purchase Orders with the Matched L1 bidder as per the bid ranking status, provided such Matched L1 bidder has executed necessary agreement indicating the production capacity as specified in the Tender Document on depositing the required amount as Security Deposit.If there is no such matched L1 bidder, then the purchase

order will be issued to the next eligible bidder according to the bid ranking

status.

6.26.8 The Matched L1 supplier, on placement of Purchase Order, will be deemed as L1 rate supplier or matched L2 supplier for the purpose of the tender and all provisions of the tender documents applicable to L1 rate bidder will apply mutatismutandis to the Matched L1 supplier or matched L2 supplier.

6.26.9 The supplier shall start supply the items required by KMSCL at the destination mentioned in the schedule, within the period stipulated in the Purchase Order.

6.26.10 The items supplied in excess of the ordered quantity shall not be accepted and the supplier shall take back the excess at their cost. KMSCL will not be responsible for the loss to the supplier and will not entertain any demand/claim.

6.26.11 The supplier shall, after supply of items at the specified destinations, submit Invoice (Original), and other relevant documents etc., at the Head Office, KMSCL claiming payment for the supply made.

6.26.12 The supplier shall supply the items at the specified destination and submit the copy of invoice, copy of the Purchase order, Test Report, Delivery Challan and other relevant documents at the destinations.


6.26.13 The supplier shall take utmost care in supplying the quality items and ensure that the batch number mentioned in the packages of the itemstally with the batch number mentioned in the Invoice produced to KMSCL for payment. Also the supplier shall ensure the quantity relevant to the Batch Number of the items is mentioned in the invoice. Any variation will delay the payment for the supply.

6.26.14 It is the duty of the supplier to supply items to the destinations mentioned in the Purchase Order and supply shall conform to the condition mentioned in the provisions of tender documents, viz., logogram, 'Kerala Government supply - Not for sale' etc.,

6.26.15 Subject to the conditions mentioned in the Purchase Order, Tender Document, Agreement executed by the supplier and this Policy, the Supplier is entitled for the payment against supply. In case of any discrepancy in levy of LD, Penalty, Unexecuted Fine, Short Passing of Bills, such discrepancy shall be intimated within 15 days from the date of receipt of payment, failing which KMSCL will not entertain any claim thereafter.

6.26.16 This purchase policy is in addition to, not in derogation of the Tender document and agreement executed by the supplier.

6.27 Supply Conditions

6.27.1 Purchase orders will be placed on the successful bidder based on the existing stock, availability of funds, directions of the Government and/or at the discretion of the Tender Inviting Authority. The bidder shall furnish the delivery schedule as stipulated in Section V

6.27.2 The items supplied by the successful bidder shall be of the best quality and shall comply with the specifications, stipulations and conditions specified in Section IV. Drugs supplied in contravention to any of the provisions of the Drugs & Cosmetics Act and rules made there under will be rejected.

6.27.3 On finalization of the rate contract, the first set of purchase orders will be placed to each supplier. The schedule of supply will be as stipulated in Section V.

6.27.4 All supplies will be scheduled for the period from the date of acceptance till the completion of the tender in installments, as stipulated in the Purchase Order. The supplied Drugs and Medicines (covered in SCHEDULE P of Drugs and Cosmetics Rules, 1945) shall have a shelf


life period as prescribed in the schedule and in respect of all other items of drugs, a period of minimum 2 years from the date of manufacture. All items of Drugs supplied should retain prescribed Quality & maximum potency throughout the shelf life as specified in the official monograph and should have minimum 75% shelf life from the date of manufacture when supplied to the Corporation. It is imperative that the successful bidders shall supply the drugs in packages which can withstand the highly humid climatic conditions of the State. Drugs supplied without following the above conditions will be rejected.

6.27.5 The bidder shall submit the certificate of analysis with necessary protocols for every batch of drugs/ items.

6.27.6 Bidder shall supply the product, at Drugs Warehouses of the Kerala Medical Service Corporation Limited located at various places in Kerala and / or the places/ points specified in purchase orders, by door delivery. If the items are wrongly delivered to the warehouses, expenditure incurred by the Corporation towards transporting the same to the destination warehouse shall be recovered from the supplier.

6.27.7 In the case of failure to supply by the defaulty bidder the Tender Inviting Authority can procure the defaulted quantity from other bidder whom so ever agrees to supply within the prescribed time schedule at the risk and cost of the default bidder. If no other bidders are available or no other bidders are offering the defaulted quantity within the prescribed time schedule Tender Inviting Authority at its discretion may procure the defaulted quantity of materials from any other sources or from open market. If alternate supply is not possible, then a maximum penalty of 10% will be levied on the unexecuted value.

6.27.8 The bidder will be responsible for any shortages/damage at the time of receipt in Warehouse. Tender Inviting Authority is also not responsible for the excess quantity of drug received, for which no order is placed. In such cases, the bidder shall take back the excess quantity supplied at his own expenses within fifteen days from the date of such intimation from the tender inviting authority. Unclaimed excess supplies will be disposed off by the Tender Inviting Authority at its discretion and demurrage of Rs.100/- per box per day will be levied for the retained period.

6.27.9 The bidder may be required to take back the items, which are not utilized by the Tender Inviting Authority within the shelf life period based on mutual agreement.


6.27.10 If the supplier fails to execute at least 50% of the quantity mentioned in single Purchase order and such part supply continues for two consecutive Purchase orders, then the product is liable to be blacklisted for a period of one year immediately succeeding the tender year and the supplier will be ineligible to participate in any of the tenders of the Tender Inviting Authority for the particular item for a period of one year.

6.27.11 In respect of the firm supplying more than one item during the contract period and if more than 50% of the items are blacklisted based on the above process, then the firm will be blacklisted for a period of 1 year immediately succeeding the tender year and the firm will be ineligible to participate in any of the bidders of the Tender Inviting Authority, in addition to other penalties like forfeiture of security deposit, fines, etc.

6.28 Logograms

6.28.1 Logogram means, wherever the context occurs, the design as specified in enclosure-I to Annexure-VI. The name of the items shall be mentioned in English.

6.28.2 Bidders for the supply for Consumables shall be considered only if the bidder gives undertaking as in Annexure-VI in his tender that the supply will be prepared and packed with the logogram either printed or embossed. As per the design as specified in Enclosure-I to Annexure-VI.

6.28.3 The Drugs/ items quoted have to be supplied in standard packing with logogram and shall also conform to Schedule P1 of the Drugs & Cosmetics Rules, 1945 wherever it applies. Affixing of stickers shall not be accepted.

6.28.4 Supply of items without the logogram will be treated as breach of the terms of agreement and liquidated damages will be deducted from bills payable as per condition in Clause 6.32.7.If the supplier, in spite of the warnings, continue to supply items without the Logogram and/or “KERALA GOVERNMENT SUPPLY – NOT FOR SALE”, then such instances may lead to the cancellation of the agreement without further notice and may even lead to black listing of the firm.

6.28.5 The offers of the bidders who are not willing to agree to conditions above will be summarily rejected.


6.29 Packing

6.29.1 The items shall be supplied in the package specified in section-IV and Annexure-XII and the package shall carry the logograms and printings as specified in Enclosure I & II to Annexure-VI. The items shall also be supplied with bar coding conditions. (For details visit website www.gs1india.org)

6.29.2 2D bar coding as per GS1 standard should be done on tertiary and secondary packing of the supplies as per the specifications given in Enclosure - III to Annexure - VI. Supply of items without specified bar coding as per GS1 standards will not be accepted.

6.29.3 The packing in each carton shall be strictly as per the specification mentioned in Annexure-XII. Supplier shall follow the general requirement that the size of the labels indicating the name and other details of the drugs supplied shall not be less than 30% of the area of the side of the carton. Failure to comply with this shall lead to non-acceptance of the goods besides imposition of penalties,

6.29.4 The labels of two or more items supplied by the same supplier shall not be identical or resemble in any form especially in colour and markings leading to confusion in identifying the items. Similarly if the Tender Inviting Authority informs that the labels of a relatively new supplier resemble same or another items of another supplier, the suppliers shall change their labels immediately. For non-compliance of this provision even after the notice, the penalty of 1% of the total value of item(s) in question will be levied.

6.29.5 The cap of bottels preparations should not carry the name of the supplier.

6.29.6 It should be ensured that only first hand fresh packaging materials of uniform size are used for packing. Packing of recycled paper or packages of different products/companies are prohibited. The penal charges for usage of packets of other products shall be 2% of the total value of item (s) in question after notice.

6.29.7 All primary packing containers should be strictly conforming to the specification included in the relevant pharmacopoeia.

6.29.7.1 The secondary/tertiary packaging in master carton shall be in 5 ply carton cardboard box and not more than 15 kg.Where heavier packaging is required 7-ply cardboard shall be used.


Failure to comply with the packaging requirement would attract penalty @ 2% on the value.

6.29.8 Packing should be able to prevent damage or deterioration during transit and storage in the humid conditions of the Kerala. The tertiary carton of every dispatch should be minimum 5 ply cardboard in order to prevent damage during transit. The TIA shall arrange for the repacking of items, if it is found that the packing materials are damaged or deteriorated during storage in the warehouses or user institutions, and such additional cost shall be deducted from the amount payable to the default supplier.

6.29.9 In the event of item supplied is found to be not as per specifications in respect of their packing, the Tender Inviting Authority is at liberty to make alternative purchase of the items for which the purchase orders have been placed from any other sources or from the open market or from any other bidder who might have quoted higher rates at the risk and the cost of the supplier and in such cases the Tender Inviting Authority has every right to recover the cost and impose penalty as mentioned in Clause 6.32.8.

6.29.10 The packing’s/labels of two different products of a same supplier should be clearly distinct from each other. Supply of products with packings/ labels of same design, colouretc by which the products cannot be easily distinguishable will not be accepted. Affixing of labels of primary containers on the outer cartons will also result in the rejection of the consignment. This may result in the termination of the contract and blacklisting of the firm.

6.30 Quality Testing, Quality Control Deduction and Penalties

6.30.1 All the items supplied by the Supplier shall be subjected to rigorous Analytical Testing for their quality at the empanelled labs by the Tender Inviting Authority.Samples of each batch supplied will be drawn at the points of supply or distribution / storage and send by the Tender Inviting Authority to different Analytical Laboratories. Apart from this the samples will be drawn at random at any time from the warehouse stock/institution stock and subjected to visual inspection or analysis at empanelled laboratories.

6.30.2 Parameters of testing will be as per the QUALITY CONTROL MANNUAL. The samples shall pass all the parameters included in the


quality control manual, failing which the samples will be considered as not of standard quality. The expenditure towards the Handling and Testing of such samples will be borne by the Supplier at the rates fixed by the Purchaser as specified in Clause 6.32.1.

6.30.3 In case of any complaint received from the institutions, public, Doctors, medias etc, the available stock will be frozen, payment will be withheld and samples will be drawn from the point of complaint the batch will be tested at the appellate laboratory where the result will be final.

6.30.4 If a sample is declared as not of standard quality by the Tender Inviting Authority, the available stock of the batch will be frozen pending dispute. The bidder will be liable for appropriate action as per the tender conditions and the matter will be reported to the State Drugs Controller of the state for legalactions under the Drugs & Cosmetics Act & Rules. The Tender Inviting Authority, at his discretion may terminate the Contract and in case of such termination, the Supplier shall be liable for all losses sustained by the Tender Inviting Authority in consequence of such termination, which may be recovered from the Security Deposit made by the Supplier and / or any other money due or becoming due to him. In the event of such amounts being insufficient, the balance may be recovered from the Supplier or from his properties as per the provisions of Law.

6.30.5 In the event of the samples of item supplied is rejected,the Tender Inviting Authority is at liberty to make alternative purchase of the items for which the Purchase orders will be placed from any other sources or from the open market or from any other bidder who might have quoted higher rates at the risk and the cost of the supplier, and in such cases the Tender Inviting Authority has every right to recover the cost and to impose penalty.

6.30.6 The items shall be of standard quality throughout the shelf life period of the drug. Samples will be drawn for quality testing periodically throughout the shelf life period either on complaint or suo motto.

6.30.7 The Tender Inviting Authority has the right to exempt certain items from Quality testing for technical reasons as advised by the quality control wing. In such cases, the test reports of either the manufacturer/or his contract laboratory or from the concerned Government Drugs Testing Laboratory will be final. Batches of such itemswill be drawn for analysis only if deemed necessary.


6.30.8 During the contract period if any two batches of a particular item supplied by the firm fails in any of the quality test conducted either by the tender inviting authority or by the drugs inspector under the statutory provisions, then that particular product of that firm will be blacklisted for a period up to 3 years as per the procedure detailed in clause 6.39 and the product of the supplier will be ineligible to be offered in any of the bidders of the Tender Inviting Authority for a period of 3 years.

6.30.9 In respect of the bidder supplying more than one item during the contract period if more than 50% of the items supplied by the supplier are blacklisted based on the above process, and then the firm itself will be blacklisted for a period up to 3 years as per the procedure detailed in clause 6.39.

6.30.10 The unused portion of a batch of drug/item declared as NSQ by the empanelled lab, if undisputed, or by Drug Controller (no disputes allowed) should be taken back for replacement with a fresh batch of standard quality product for the total quantity as per the original batch supplied. Such NSQ drugs/ items taken back shall be destroyed as per the requirements of law and a certificate from the Pollution Control Board Authorities / Drug Controller of the respective State shall be produced that such drugs/items have been disposed off as per law, failing which the payment due to the supplier liable to be withheld.

6.30.11 In the case of any drug being spurious or adulterated or misbranded by the Government Analyst, the company will be blacklisted for a period of 5 years as per the procedure as detailed in clause 6.39.

6.30.12 The supplier shall furnish to the Tender Inviting Authority the evidence of bio-availability and/or bio-equivalence for certain critical Drugs upon request by the purchaser.

6.30.13 The supplier shall furnish evidence of basis for expiration dating and other stability data of Drugs upon request by the Tender Inviting Authority.

6.30.14 The bidder shall furnish the source of procurement of raw materials utilized in the formulations if required by Tender Inviting Authority. Tender Inviting Authority reserves the right to cancel the purchase orders, if the source of supply is not furnished.


6.30.15 The decision of the Tender Inviting Authority or any Officer authorized by him as to the quality of the supplied drugs/ items, shall be final and binding

6.30.16 However, in case of reported emergency situations, based on the provisions of the Drugs and Cosmetics Act and Rules, the Tender Inviting Authority, in public interest, has the right to release a batch for distribution prior to the receipt of the test report from the laboratory, based on the test report submitted by the supplier.

6.31 Payment Provisions

6.31.1 No advance payments towards costs of items will be made to the supplier.

6.31.2 95% payments towards the supply of items will be made strictly as per terms and conditions laid down in the tender document and the decisions of the Tender Inviting Authority. Payment of the balance 5% will be made only after 15 months from the date of execution of agreement or 3 months after satisfactory completion of supply, whichever is later, or 100% amount will be released on furnishing a performance guarantee as per Annexure –XIII, towards 5% of the contract value which will be released after the above said period. All payments will be made only by way of electronic fund transfer in favour of the supplier for which the bank details shall be furnished to the Tender Inviting Authority at the time of entering into agreement. The supplier shall desist from deputing their representatives to the head office of the Tender Inviting Authority for follow up for payments as the Corporation has a system of publishing the status of payments. All communications in this regard shall be in writing and the Tender Inviting Authority discourages the visits, phone calls etc as part of transparency policy.

6.31.3 All bills/ Invoices should be raised in triplicate and in the case of excisable items, the bills should be drawn as per Central Excise Rules in the name of Managing Director, Kerala Medical Services Corporation Ltd., Thiruvananthapuram. While the original invoice along with the test report is to be submitted to the Headquarters, duplicate and triplicate copies along with test reports are to be submitted at the District Drug Warehouses along with the supply. If there is more than one point of delivery in a particular district, the invoices should be submitted to the district Warehouse while delivery chalans are to be submitted to each


point of delivery by the supplier/ transporter. In this instance, a copy of the delivery chalan is to be submitted to the District Drug Warehouse. No payment will be effected if the above provisions are not complied with.

6.31.4 Payments for supply will be made as and when the item supplied is found to be of standard quality and accepted.

6.31.5 If at any time during the period of contract, the price of tendered items is reduced or brought down by any law or Act of the Central or State Government or by the bidder himself, the bidder shall be bound to inform Tender Inviting Authority immediately about such reduction in the contracted prices. Tender Inviting Authority is empowered to unilaterally effect such reduction as may be necessary in rates in case the bidder fails to notify or fails to agree for such reduction of rates.

6.31.6 In case of any enhancement in Excise Duty due to notification of the Government after the date of submission of bidders and during the tender period, the quantum of additional excise duty so levied will be allowed to be charged without any change in price structure of the items approved under the tender provided the supply is made on time. For claiming the additional cost on account of the increase in Excise Duty, the bidder should produce a letter from the concerned Excise authorities for having paid additional Excise Duty on the goods supplied to Tender Inviting Authority and also must claim the same in the invoice separately.

6.31.7 In case of successful bidder has been enjoying excise duty exemption on any criteria of Turnover etc., such bidder will not be allowed to claim excise duty at later point of time, during the currency of contract, when the excise duty is chargeable on goods manufactured.

6.32 Deduction in Payments & Penalties

6.32.1 In all supplies, 1.5% of the supply value shall be deducted towards handling & testing charges.

6.32.2 All supply should be made within the stipulated time and as per the scheduled quantity as mentioned in section V.

6.32.3 If the supply reaches the District Drug Warehouses beyond the stipulated time as mentioned in section V, liquidated damages will be levied at the rates mentioned therein for the delayed supplies, irrespective of the


tender inviting authority having actually suffered any damage/loss or not, on account of delay in effecting supply.

6.32.4 Purchase orders will be cancelled under the conditions mentioned in section V after levying penalties at the rates mentioned therein and such penalty is recoverable from any amount payable to the supplier.

6.32.5 However, the Tender Inviting Authority has every right to receive supply even after expiry of the scheduled date from the date of purchase order, at its discretion, considering the urgency of the essential drug for the User Institutions and in such case, liquidated damages will be levied at 0.5% per day of the value of the delayed supply subject to a maximum of 10% percent.

6.32.6 If the supply is received in damaged condition it shall not be accepted. In case of damage in the packing, the supply will be accepted only after levying penalty @ 2% on the total value of supply to that destination. Continuance of supply in damaged packages will lead to termination of contract.

6.32.7 All the bidders are required to supply the product with logogram and with prescribed packing specification. If there is any deviation in these Tender conditions a separate damages will be levied @ 2% irrespective of the Tender Inviting Authority having actually suffered any damage/loss or not, without prejudice the rights of alternative purchase specified in Clause 6.32.8

6.32.8 In the event of making ALTERNATIVE PURCHASE, The excess expenditure over and above contracted prices incurred by the Tender Inviting Authority in making such purchases from any other sources or in the open market or from any other bidder who has quoted higher rates and other losses sustained in the process, shall be recovered from the Security Deposit/ Performance Bank Guarantee or from any other money due and become due to the supplier and in the event of such amount being insufficient, the balance will be recovered personally from the supplier.

6.32.9 In all the above conditions, the decision of the Tender Inviting Authority shall be final and binding.


6.33 Saving Clause

6.33.1 No suit, prosecution or any legal proceedings shall lie against Tender Inviting Authority or any person for anything that is done in good faith or intended to be done in pursuance of this tender.

6.34 Applicable Law & Jurisdiction of Courts

6.34.1 The contract shall be governed by and interpreted in accordance with the laws of India for the time being in force.

6.34.2 Any bidder who have accepted the Tender Terms and Conditions of previous bids floated by the Corporation and given a declaration of acceptance but have subsequently violated any of the said Terms and Conditions and for which no other penalty is specified in the Tender Terms and Conditions will be deemed to have indulged in unacceptable/unfair tender practices. The Corporation will not consider bids offered by such concerns for a period upto two years from the date of the breach/violation of the aforesaid conditions. Any bidder aggrieved by any decision of the Corporation holding them guilty of unacceptable/unfair tendering practices can file an Appeal against the said decision to the Secretary to Government, Health Department, Govt. of Kerala who will consider and pass Orders on the Appeal after giving a reasonable opportunity of hearing to both sides. The decision of the Principal Secretary to Government on the Appeal will be final and binding.

6.34.3 Any and all disputes arising out of this tender will be subject only to the jurisdiction of courts of law / tribunals situated in Thiruvananthapuram City or normally having territorial jurisdiction over Thiruvananthapuram City only, or the High Court of Kerala as applicable. It is possible that jurisdiction to file disputes may be available before courts of law, including High Courts, or tribunals situated elsewhere. However, considering the limited resources of the Corporation, the bidders should specifically agree and covenant not to file any legal proceedings before any such courts of law/tribunals and should undertake and bind themselves to initiate and carry on legal proceedings in respect of this Tender exclusively before the courts of law/tribunals situated in or normally having territorial jurisdiction over Thiruvananthapuram City, or the High Court of Kerala as applicable. Any bidder who violates these


conditions will be held to have indulged in an unacceptable/unfair tendering practice and will be deemed ineligible to participate in any of the bids of the Corporation for a period of three years from the date of the breach/violation of the aforesaid conditions.

6.34.4 The suppliers are also required to abstain from printing the words “subject to jurisdiction of Delhi Courts only” etc on the invoices submitted, which may force the Tender Inviting Authority to entertain the payment only after the supplier undertakes in writing his/her agreeing to the conditions above in respect of the jurisdiction of the courts of Kerala.

6.35 Corrupt or Fraudulent Practices

6.35.1 It is required that all concerned namely the bidders/ Successful bidders etc to observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Tender Inviting Authority defines, for the purposes of this provision, the terms set forth below as follows:

6.35.1.1 “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of any person in the procurement process or in contract execution and related activities of the corporation.

6.35.1.2 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Tender Inviting Authority, and includes collusive practice among bidders (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the Tender Inviting Authority of the benefits of free and open competition. Suppression of facts such as blacklisting of the product/bidder elsewhere for reason of failure in quality / conviction under D&C act/declaration of more than 2 batches of the product quoted as NSQ in the current/previous years will be deemed as fraudulent practices. Making false/incorrect statements will also be treated as fraudulent practice.

6.35.2 Government/ Tender Inviting Authority will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;


will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract by the Tender Inviting Authority if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing the contract.

6.35.3 No bidder shall contact the Tender Inviting Authority or any of its officers or any officers of the Government on any matter relating to its bid, other than communications for clarifications and requirements under this tender in writing, with an intention to influence the members of various committees or officials of Tender Inviting Authority or any person associated with KMSCL. Any such effort by a bidder to influence the Tender Inviting Authority in the Tender Inviting Authority bid evaluation committee, bid comparison or contract award decisions may result in rejection of the bidder’s bid.

6.35.4 The supplier shall not be in any way interested in or concerned directly or indirectly with, any of the officers, subordinates or servants of the Tender Inviting Authority in any trade or business or transactions nor shall the supplier give or pay promise to give or pay any such officers, subordinates or servants directly or indirectly any money or fee or other considerations under designation of “Custom” or otherwise, nor shall the supplier permit any person or persons whom so ever to interfere in the management or performance hereof under the power of attorney or otherwise without the prior consent in writing of the Tender Inviting Authority. Any such effort by the supplier to influence the Tender Inviting Authority or its officers may result in rejection of the bidder’s bid.

6.36 Force Majeure

6.36.1 For purposes of this clause, Force Majeure means an event beyond the control of the successful bidder and not involving the successful bidder’s fault or negligence and which is not foreseeable and not brought about at the instance of , the party claiming to be affected by such event and which has caused the non – performance or delay in performance. Such events may include, but are not restricted to, acts of the Tender Inviting Authority either in its sovereign or contractual capacity, wars or revolutions, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes excluding by its employees, lockouts excluding by its management, and


freight embargoes. Scarcity of raw materials, and power cut are not considered as force majeure.

6.36.2 If a Force Majeure situation arises, the successful bidder shall promptly notify the Tender Inviting Authority in writing of such conditions and the cause thereof within twenty one days of occurrence of such event. The time for making supply may be extended by the Tender Inviting Authority at its discretion for such period as may be considered reasonable.

6.36.3 In case due to a Force Majeure event the Tender Inviting Authority is unable to fulfill its contractual commitment and responsibility, the Tender Inviting Authority will notify the successful bidder accordingly and subsequent actions taken on similar lines described in above sub-paragraphs.

6.37 Resolution of disputes

6.37.1 If dispute or difference of any kind shall arise between the Tender Inviting Authority and the successful bidder in connection with or relating to the contract, the parties shall make every effort to resolve the same amicably by mutual consultations.

6.37.2 If the parties fail to resolve their dispute or difference by such mutual consultation within twenty-one days of its occurrence, then, unless otherwise provided in the tender document, either the Tender Inviting Authority or the successful bidder may give notice to the other party of its intention to commence arbitration, as provided the applicable arbitration procedure will be as per the Arbitration and Conciliation Act, 1996 of India.

6.37.3 In the case of a dispute or difference arising between the Tender Inviting Authority and a domestic Successful bidder relating to any matter arising out of or connected with the contract, such dispute or difference shall be referred to the sole arbitration of Secretary to Health, Govt. of Kerala whose decision shall be final.

6.37.4 Venue of Arbitration: The venue of arbitration shall be the place from where the contract has been issued, i.e., Thiruvananthapuram, India.


6.38 General/ Miscellaneous Clauses

6.38.1 Any failure on the part of any Party to exercise right or power under this Contract shall not operate as waiver thereof.

6.38.2 The Successful bidder shall, at all times, indemnify and keep indemnified the Tender Inviting Authority any claims in respect of any damages or compensation payable in consequences of any accident or injury sustained or suffered by its employees or agents or by any other third party resulting from or by any action, omission or operation conducted by or on behalf of the successful bidder.

6.38.3 All claims regarding indemnity shall survive the termination or expiry of the contract.

6.39 Procedure for Blacklisting

6.39.1 For blacklisting a product/firm as noted in the tender, a registered notice shall be issued to the firm/supplier calling for explanation within 15 days from the date of receipt of notice. On receipt of the explanation from the firm/supplier, the Tender Inviting Authority and Managing Director, may take appropriate action on merits of the case and impose blacklisting of the particular product(s)/supplier by passing appropriate orders.

6.40 Provisions for Appeal

6.40.1 A supplier whose product / firm have been blacklisted by the Tender Inviting Authority may, within 15 days from the date of receipt of such order, appeal to the State Government. 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.

6.41 Termination of Contract

6.41.1 Termination for default:- The Tender Inviting Authority without prejudice to any other contractual rights and remedies available to it (the Tender Inviting Authority), may, by written notice of default sent to the successful bidder, terminate the contract in whole or in part, if the successful bidder fails to deliver any or all of the goods or fails to perform any other contractual obligation(s) within the time period specified in the contract, or within any extension thereof granted by the Tender Inviting Authority/User Institution.


6.41.2 In the event of the Tender Inviting Authority terminates the contract in whole or in part, the Tender Inviting Authority may procure goods and/or services similar to those cancelled, with such terms and conditions and in such manner as it deems fit and the successful bidder shall be liable to the Tender Inviting Authority for the extra expenditure, if any, incurred by the Tender Inviting Authority for arranging such procurement.

6.41.3 Unless otherwise instructed by the Tender Inviting Authority, the successful bidder shall continue to perform the contract to the extent not terminated.

6.41.4 Termination for insolvency: If the successful bidder becomes bankrupt or otherwise insolvent, the Tender Inviting Authority reserves the right to terminate the contract at any time, by serving written notice to the successful bidder without any compensation, whatsoever, to the successful bidder, subject to further condition that such termination will not prejudice or affect the rights and remedies which have accrued and / or will accrue thereafter to the Tender Inviting Authority.

6.41.5 Termination for convenience: - The Tender Inviting Authority reserves the right to terminate the contract, in whole or in part for its (Tender Inviting Authority’s) convenience, by serving written notice on the successful bidder at any time during the currency of the contract. The notice shall specify that the termination is for the convenience of the Tender Inviting Authority. The notice shall also indicate inter alia, the extent to which the successful bidder’s performance under the contract is terminated, and the date with effect from which such termination will become effective.

Sd/- BIJU PRABHAKAR IAS Managing Director, KMSCL & (Tender Inviting Authority)


CHECK LIST ANNEXURE –I

COVER- A. Page No

1. Checklist – Annexure I

1

2. EMD in the form of DD shall be kept in an envelope. Valid SSI certificate for exemption DD No/BG No. : Date : Bank &branch : Amount :

3. Inspection fee in the form of DD shall be kept in an

envelope (Applicable only to those firms whose offer has been rejected due to failure in Inspection in the previous years) DD No. : Date : Bank &branch : Amount :

4. Tender document cost in the form of DD shall be kept

in an envelope (applicable only to those firms who has downloaded the tender document) DD No. : Date : Bank &branch : Amount :

5. Copy of voucher receipt issued by KMSCL for the

remittance of the Tender document cost (applicable only to those firms who has purchased the Tender documents) Voucher No. Date :

6. Copy of voucher receipt issued by KMSCL for the remittance of fee for pre-bid meeting (applicable only to those firms who had participated in the pre-bid meeting) Voucher No. Date :

7. Documentary evidence for the constitutions

of the company / concern


8. Duly attested photocopy of License for the product duly approved by the Licensing Authority for each and every product quoted.

9. Duly attested photocopy of Import License,

if imported.

10. The instruments such as power of attorney,

resolution of board etc.,

11. Authorization letter nominating a responsible person

of the tenderer to transact the business with the Tender inviting Authority.

12. Market Standing Certificate issued

by the Licensing Authority

13. Notary attested copy of record of manufacture /

import to establish 2 years market standing.

14. Non Conviction Certificate issued by the

Drugs Controller

15. Good Manufacturing Practices Certificate

16. Annual Turnover Statement for 3 Years

(Annexure-V)

17. Copies of balance sheet & profit loss

account for three years

18. Annexure-II

(Sales Tax clearance certificate)

19. Annexure-VI

(Undertaking for embossment of logo)

20. Declaration Form in Annexure-III

21. Proforma for Performance Statement

(Annexure-IV)


22. Details of Manufacturing Unit in

Annexure-VII

23. Notary attested copy of the license for the use of

standard mark (IS) issued by Bureau of Indian Standards (BIS), in case of non drug products for which IS specification is insisted in Section IV

24. WHO, USFDA, ISO certificates if any

25. Details of Technical personnel

employed in the manufacture and testing

26. List of items quoted without rates(2 copies).

27. Statement of Monthly Product Mix and Assured Supply

Schedule as per Annexure XIV

28. The Tender document signed by the

bidder in all pages with office seal.

Place : Signature : Date : Name in Capital Letters :

Designation :


ANNEXURE-II

FORM OR CERTIFICATE OF SALES TAX VERIFICATION TO BE PRODUCED BY AN APPLICANT FROM THE CONTRACT OR OTHER

PATRONAGE AT THE DISPOSAL OF THE GOVERNMENT OF KERALA.

(To be filled up by the applicant)

01. Name or style in which the applicant is assessed or assessable to Sales

Tax Addresses or assessment.

02.a. Name and address of all companies, firms or associations or persons in which the applicant is interested in his individual or fiduciary capacity.

b. Places of business of the applicant (All places of business should be mentioned).

03. The Districts, Taluks and divisions in which the applicant is assessed to Sales Tax

(All the places of business should be furnished).

04. a. Total contract amount or value of patronage received in the preceding three years.

2008 - 2009 2009 - 2010 2010 - 2011 b. Particulars of Sales - Tax for the preceding three years.

Year Total T.O. be assessed

Rs.

Total Tax assessed

Rs.

Total Tax paid Rs.

Balance due Rs.

Reasons for balance Rs.

2008 - 2009 2009 - 2010 2010 - 2011


c. If there has been no assessment in any year, whether returns were submitted any, if there were, the division in which the returns were sent.

d. Whether any penal action or proceeding for the recovery of Sales Tax is pending.

e. The name and address of Branches if any:

I declare that the above information is correct and complete to the best of my

knowledge and belief.

Signature of applicant: Address: Date:

(To be filled up by the Assessing authority) In my opinion, the applicant mentioned above has been/ has not been/ doing everything possible to pay the tax demands promptly and regularly and to facilitate the completion of pending proceedings. Date Seal : Deputy / Asst. Commercial Tax - Officer Deputy Asst. Note :- A separate certificate should be obtained in respect of each of the place of business of the

applicant from the Deputy Commercial Tax Officer or Assistant Commercial Tax Officer having jurisdiction over that place.


ANNEXURE-III

DECLARATION

I/We M/s._____________________ represented by its Proprietor / Managing Partner / Managing Director having its Registered Office at ________________________________________________and its Factory Premises at ____________________________________________________ do hereby declare that I/We have carefully read all the conditions of tender

KMSCL/DRGED(V)/RC/2012/001 DATED 10.01.2012for supply of consumables for the period 2012-13 floated by the Kerala Medical Services Corporation Ltd., Thiruvananthapuram and accepts all conditions of Tender.

I/We declare that we possess the valid license and GMP Certificate as per revised Schedule-‘M’ issued by the Competent Authority and complies and continue to comply with the conditions laid in Schedule M of Drugs & Cosmetics Act, 1940 and the Rules made there under. I/We furnish the particulars in this regard in enclosure to this declaration.

I/We agree that the Tender Inviting Authority forfeiting the Earnest Money Deposit and or Security Deposit and blacklisting me/us if, any information furnished by us proved to be false at the time of inspection and not complying the conditions as per Schedule M of the said Act.

Signature : Seal Name & Address : To be attested by the Notary.


Enclosure to Annexure – III

DECLARATION FOR COMPLIANCE OF cG.M.P 01. Name and Address of the Firm : 02. Name of Proprietor / Partner / Director : 03. Name and Designation of Person Present : 04. GMP Certificate As per Revised Schedule “M” 05. Details of Licenses Held With Validity :

06. Number of Workers Employed : female : male : 07. Whether Workers Provided with Uniform : Yes / No 08. Whether Medical Examination done

for the Workers : Yes / No 09. Hygienic Condition

(I) Surrounding : Satisfactory / Not Satisfactory (II) Production Areas : Satisfactory / Not Satisfactory (III) Other Areas : Satisfactory / Not Satisfactory

10. Provision for Disposal of Waste : Yes / No 11. Heating System : Yes / No 12. Whether Benches provided in all : Yes / No

Working Area


13. Water Supply (A) Source : (B) Storage Condition : Satisfactory / Not Satisfactory (C) Testing

(With reference to Pathogenic Organisms) : Yes / No (D) Cleaning Schedule in Water Supply System with Proper Records : Yes / No (E) Type of Machinery installed as to

Semi-automatic or Fully Automatic plant for water purification system along with cost and whether this is working, and if so the flow rate of Pharmaceutical water to meet the requirements of preparation :

14. Air handling system along with list of machine

and cost of the unit, separately for sterile and non sterile preparation :

15. Whether the pollution control clearance is valid for

Air and Water and if so the period upto which valid (copy of the certificate to be enclosed) :

16. Raw Material Storage Area (I) Quarantine : Provided / Not Provided

(II) Passed Materials : Provided / Not Provided (III) Rejected Materials : Provided / Not Provided 17. Finished Product Storage Area

(I ) Quarantine : Provided / Not Provided

(II) Released Material : Provided / Not Provided


18. Details of Technical Staff Name Qualification Experience For Manufacturing : For Testing : 19. Testing Facilities (List of Equipments to be furnished separately in the format

to meet the bench mark vide Annexure) Chemical Method : Yes / No

Instrumental : Yes / No (Type of Instrument provided as indicated

in Annexure) Biological : Yes / No Micro Biological : Yes / No Animal Testing : Yes / No 20. Remarks (A) Whether Products Quoted to KMSCL

are Endorsed in the License : Yes / No (B) Whether the drugs quoted to

KMSCL have been Manufactured Earlier (Last 3 Years) : Yes / No

If Yes, Details Like

Sl.No Date of Manufacture Name of the Drug Batch No. Batch

Size Date of Release


C. PRODUCTION CAPACITY: Capsule Section

Type of Equipments

(1)

No. of Equipments

(2)

Production Capacity of all the

Equipments in column 2 per shift

(3)

No of shift

(4)

Production Capacity

allotted for KMSCL

(5)

Double cone blender

Automatic capsule filling machine

Semi automatic Capsule filling machine

Hand filling machine

Blister packing machine

Strip packing machine

Parenteral Section

Type of Equipments

(1)

No. of Equipments

(2)

Production Capacity of all

the Equipments in column 2

per shift (3)

No of shift

(4)

Production Capacity

allotted for KMSCL

(5)

Small volume Parenteral

Mixing Vessel Laminar Flow unit

Filtration unit Ampoule filling

machine (with No of head)

Vial filling


Type of Equipments

(1)

No. of Equipments

(2)

Production Capacity of all

the Equipments in column 2

per shift (3)

No of shift

(4)

Production Capacity

allotted for KMSCL

(5)

Machine (with No of head)

Vial sealing machine

Powder filling machine

Autoclave for terminal

Sterilization

Ampoule labeling machine

Vials labeling machine

(D) Any, Not Of Standard Quality : Yes / No Reports Of Product Quoted/ Approved By KMSCL (If Not, Nil Statement)

(E) Any Prosecution After : Yes / No

Submission of Tender Documents. (If Not, Nil Statement)

(F) Chances Of Cross Contamination : Yes / No at Raw Materials/In Process/ Finished Product Stages And Steps/

Facilities (G) Validation of Equipments done : Yes / No (H) Cleaning Schedule

(I) For Premises : (II) For Equipments :

(I) Adverse Reaction, If Any and : Reported


Sl. No. Description Remarks

1 Whether any drug(s) manufactured by the tenderer has / have been recalled during last five years? If yes given details

2 What are the results of investigations on the recalled drug(s)?

3 What action have been taken to prevent recurrence of recall of drug(s) on that particular account?

(J) Complaints Received If Any :

and Steps taken. Sl. No.

Description Remarks

1 Whether any drug(s) manufactured by the tenderer has / have been recalled during last five years? If yes given details

2 What are the results of investigations on the recalled drug(s)?

3 What action have been taken to prevent recurrence of recall of drug(s) on that particular account?

Signature and Seal of Proprietor / Partner / Director

To be attested by the Notary.


Instruments Provided in the Quality Control Lab

Sl.

(1)

Name of the Instruments

(2)

No. of Instruments

(3)

Cost of Instruments

(4)

Whether it is in

working condition

(5) 1 Analytical Balance 2 Infra Red Spectrometer 3 Karl Fisher Tritator 4 Melting Point 5 Brookfield Viscometer 6 Polarimeter 7 Autoclave 8 Refractometer 9 Sampling Booth 10 UV-Vis Spectrometer 11 HPLC 12 Muffle Furnace 13 Fuming Cupboard 14 Micrometer 15 Dissolution Tester 16 Disintegration Tester 17 Friability Tester 18 Vernier Calipers 19 IR Balance 20 Hardness Tester 21 Leak Test Apparatus 22 Laminar Air Flow 23 BOD Incubator 24 Vacuum oven 25 Bulk Density Apparatus 26 Water Activity Meter 27 Anaerobic System 28 Gas Chromatograph 29 LAL Kit 30 Sterility Test Kit 31 Particle Counter 32 Air Sampler 33 Flame Photometer 34 Tap Density Tester 35 Other equipments

Other details ( like ISO certification etc)


ANNEXURE-III-A

UNDERTAKING

I __________________, S/o _________________, Proprietor / Partner /

Managing Director of ______________________________________ (Proprietary Concern / Firm / Company Ltd.) execute this Undertaking for myself and on behalf of ________________________ (Proprietary Concern / Firm / Company Ltd.).

2. Whereas, KMSCL (Tender Inviting Authority) has invited tender for supply of consumables for the year 2012-13 and in pursuant to the conditions in the tender documents, M/s.______________________________________________ is exempted from payment of Earnest Money Deposit. 3. And Whereas, in pursuant to the conditions in Clause 6.5of the tender, the Earnest Money Deposit can be forfeited by the Tender Inviting Authority in case of violation of any of the conditions and for non-performance of the obligation under tender document.

Witness: - Signature: (1) Seal (2) Name & Address


ANNEXURE-III-B

DECLARATION

I/We M/s._____________________ represented by its Proprietor / Managing Partner / Managing Director having its Registered Office at ________________________________________________and its Factory Premises at ____________________________________________________ do hereby declare that I/We have carefully read all the conditions of tender

KMSCL/DRGED(V)/RC/2012/001 DATED 10.01.2012for supply of consumables for the period 2012-13 floated by the Kerala Medical Services Corporation Ltd., Thiruvananthapuram and accepts all conditions of Tender. Signature of the Tenderer

Name in capital letters with Designation Attested by Notary Public.


ANNEXURE-IV PROFORMA FOR PERFORMANCE STATEMENT

(ATTACH SEPARATE SHEET FOR EACH PRODUCT QUOTED)

Name of firm ……………………………………………………………………. Name of the product …………………………………….Drug code ………………… Tendered Quantity(in units)……………………… Offered Quantity (in units)………...

Production Capacity No. of days Quantity in tendered units 45 60 90 120 155 190 365

Product:

Production details for three years: Year: 2009-10/ 2010-11/ 2011 – 12

Furnish statement of all batches produced including rejected batches, if any

Sl.No

Batch Number Date

Batch size

(in terms of units)

Quantity sold

* Date / Month of

sales

Quantity returned/ rejected

Complaints/ Declared as NSQ after

sales etc., if any

Remarks

2009-10

2010-11

2011-12

* Date of sales of the 1st batch shall be 2 years prior to the date of notification of tender.

Certified true statement of productions

Signature and seal of the Bidder Attested by notary public


Annexure-V

ANNUAL TURN OVER STATEMENT The Annual Turnover of M/s______________________________________for

the past three years are given below and certified that the statement is true and

correct.

___________________________________________________________ Sl. No. Year Turnover in Lakhs (Rs)

____________________________________________________________

1 2008 - 2009 -

2 2009 - 2010 -

3 2010 - 2011 ___________________________________________________________

Total - Rs. ____________________ Lakhs.

____________________________________________________________ Average turnover per annual - Rs.______________________Lakhs. Date: Signature of Auditor/ Chartered Accountant

(Name in Capital)

Seal:


ANNEXURE-VI

DECLARATION I/We ….…………………………………………………………………… do

hereby declare that I /We will supply the items as per the designs given in enclosures to

this Annexure and as per the instructions given in this regard.

Signature of the Tenderer

Name in capital letters with Designation Attested by Notary Public.


ENCLOSURE-I TO ANNEXURE-VI

DESIGN FOR LOGOGRAM

SURGICAL CONSUMABLES AND DISPOSABLES The primary, secondary packing and outer cartons of Surgical Consumables and

disposables shall bear the above logograms and the words “Kerala Government

Supplies – Not for Sale” overprinted in red colour.

IMPORTED PRODUCTS

In case of imported products the above logograms and wordings should be printed in

indelible ink either on the label borne by the container of the product or on a label or

wrapper affixed to any package in which the container is issued.


ENCLOSURE-II TO ANNEXURE-VI

SPECIMEN LABEL FOR OUTER CARTON

KERALA GOVT. SUPPLY

NOT FOR SALE

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~xxxxxxxx (Product Name) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~EXP. DATE : ……….

Batch. : …………… Quantity Packed: ………….. Mfg Date: …………… Net Weight: ……………….

Manufactured by: ……….


ENCLOSURE-III TO ANNEXURE-VI

BAR CODING DETAILS

BOX NO :

PO NUMBER :

SUPPLIER CODE :

SUPPLIER NAME :

DRUG CODE :

DRUG NAME :

BATCH NO :

MFG DATE :

EXPIRY DATE :

BATCH QUANTITY :

INVOICE NO :

D C NO :


ANNEXURE – VII

DETAILS OF MANUFACTURING UNIT Name of the Tenderer & Full Address : PAN Number : Phone Nos. : Fax : E-Mail : Date of Inception : License No. & Date : Issued by : Valid up to :

Details of Installed Production Capacity for 60 days / 1 year (In Terms of Unit Packs)

Injections Ampoules : Vials : Sterile Powder :

* The details of manufacturing unit shall be for the premises where items quoted are actually manufactured


ANNEXURE-VIII

FORMAT OF BANK GUARANTEE OF EARNEST MONEY DEPOSIT To

The Kerala Medical Services Corporation Limited (Address)

WHEREAS _____________________________ (Name and address of the Company) (Hereinafter called “the bidder”) has undertaken, in pursuance of tender no________________________ dated _____________ (herein after called “the tender”) to participate in the tender of The Kerala Medical Services Corporation Limited, (address) with ……………………………. (description of goods and supplies).

AND WHEREAS it has been stipulated by you in the said tender that the bidder shall furnish you with a bank guarantee by a scheduled commercial bank recognised by you for the sum specified therein as Earnest Money Deposit for compliance with its obligations in accordance with the tender;

AND WHEREAS we have agreed to give the bidder ----------------- (name and address) such a bank guarantee;

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the bidder, up to a total amount of ________________________ (Amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the bidder to be in default under the tender conditions and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the bidder before presenting us with the demand.

We undertake to pay you any money so demanded notwithstanding any dispute or disputes raised by the bidder(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under these presents being absolute and unequivocal.

We agree that no change or addition to or other modification of the terms of the tender to be performed there under or of any of the tender documents which may be made between you and the supplier shall in any way release us from any


liability under this guarantee and we hereby waive notice of any such change, addition or modification.

No action, event, or condition that by any applicable law should operate to discharge us from liability, hereunder shall have any effect and we hereby waive any right we may have to apply such law, so that in all respects our liability hereunder shall be irrevocable and except as stated herein, unconditional in all respects.

This guarantee will not be discharged due to the change in the constitution of the Bank or the bidder(s).

We, ________________________________________ (indicate the name of bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent, in writing, of The Kerala Medical Services Corporation Limited.

This Guarantee will remain in force up to --------(Date). Unless a claim or a demand in writing is made against the bank in terms of this guarantee on or before the expiry of ------(Date) all your rights in the said guarantee shall be forfeited and we shall be relieved and discharged from all the liability there under irrespective of whether the original guarantee is received by us or not.

(Signature with date of the authorised officer of the Bank) …………………………………………………………. Name and designation of the officer …………………………………………………………. …………………………………………………………. Seal, name & address of the Bank and address of the Branch


KERALA MEDICAL SERVICES CORPORATION LIMITED, THIRUVANANTHAPURAM

Tender for the supply of Consumables for the period from 2012 to 2013

PRICE BID

ANNEXURE –IX

Drug code. No.

Name of the Drug

Strength Unit Quantity of Supply In Units

Basic Price Inclusive of Incidental Services

Packing &Forwar

ding Charges

Exci se Duty

Freight Insura

nce Charges

Sales Tax Applica

ble

Total landed Price (6+7+

8+9+10)

Total Value In figures

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) In figure

(11) In words

(12) (13)= (5*11)

Total value


ANNEXURE-X

AGREEMENT

THIS AGREEMENT made on this.............. day of ................, 2012 between................... Kerala Medical Services Corporation Ltd represented by its Managing Director having its registered office at Thiruvananthapuram (hereinafter “the Purchaser”) of one part and M/s. ………..................... (Name and Address of Supplier).................................... (hereinafter “the Supplier”) represented by ……………………… (Name of the Authorized Signatory and Designation), Aged …..... years, residing at ……………………………… (Full Residential Address of the Signatory) of the other part:

WHEREAS the Purchaser has invited tenders for the supply of items vide tender no………………………………….. dated ……… The supplier has submitted technical and price bids as contained in the tender document. The Purchaser has finalized the tender in favour of the Supplier for the supply of consumables specified in the schedule attached hereto at the prices noted against each item therein for a total cost of Rs. ………………… (Contract Price in Words and Figures) (hereinafter “the Contract Price”) on the terms and conditions set forth in the agreement.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the tender document referred to.

2. The following documents shall be deemed to form and be read and constructed as part of this Agreement, viz.:

(a) All the documents submitted by the tenderer as part of technical bid and price bid;

(b) The Schedule of Requirements;

(c) The Specifications and other quality parameters;

(d) The clarifications and amendments issued / received as part of the tender document

(d) The General Conditions of Contract;

(e) The Specific Conditions of Contract; and

(f) The Purchaser’s Offer Letter

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 supply consumables conforming in all respects with the provisions of the Contract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the tender, 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.

5. The Supplier has deposited with the Purchaser an amount of Rs…………….(as in Tender condition) as Security Deposit as specified in Clause 6.25 of the Conditions of Tender for due and faithful performance of the provisions of this Agreement. Such Security Deposit made by the Supplier is liable to be forfeited by the Purchaser in the event of the Supplier failing duly and faithfully to perform any one or more or any part of any one of the said provisions. The payment for the supplies made by the Supplier will be paid to him only after he has remitted the required amount of Security Deposit.

SCHEDULE

(Selected L1 items)

Sl.No Drug Code

Name of the Drug

Strength UnitL1

Rate (Rs.P)

Offered Quantity

Value

Total Value (Rs.)


(Matched L1 items)

Sl. No.

Drug Code

Name of the Drug

Strength

Unit Quoted

Rate Matched

Rate

IN WITNESS whereof the parties hereto 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) (Signature, Name,

Designation and Address with Office seal)

in the presence of ....................................................

1) (Signature, Name and Address of witness)

2) (Signature, Name and Address of witness)


ANNEXURE-XI

FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT

To

The Kerala Medical Services Corporation Limited (Address)

WHEREAS _____________________________ (Name and address of the supplier) (Hereinafter called “the supplier”) has undertaken, in pursuance of contract no________________________ dated ___________KMSCL/DRGED(V)/RC/2012/001 DATED 10.01.2012(herein after called “the contract”) to supply The Kerala Medical Services Corporation.

Limited, (address) with ……………………………. (description of goods and supplies).

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a bank guarantee by a scheduled commercial bank recognised by you for the sum specified therein as security for compliance with its obligations in accordance with the contract;

AND WHEREAS we have agreed to give the supplier such a bank guarantee;

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the supplier, up to a total amount of ________________________ (Amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the supplier to be in default under the contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the supplier before presenting us with the demand.

We undertake to pay you any money so demanded notwithstanding any dispute or disputes raised by the supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under these presents being absolute and unequivocal.

We agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between you and the supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification.


No action, event, or condition that by any applicable law should operate to discharge us from liability, hereunder shall have any effect and we hereby waive any right we may have to apply such law, so that in all respects our liability hereunder shall be irrevocable and except as stated herein, unconditional in all respects.

This guarantee will not be discharged due to the change in the constitution of the Bank or the Supplier(s).

We, ________________________________________ (indicate the name of bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent, in writing, of The Kerala Medical Services Corporation Limited.

This Guarantee will remain in force up to (Date). Unless a claim or a demand in writing is made against the bank in terms of this guarantee on or before the expiry of (Date) all your rights in the said guarantee shall be forfeited and we shall be relieved and discharged from all the liability there under irrespective of whether the original guarantee is received by us or not.

(Signature with date of the authorised officer of the Bank) …………………………………………………………. Name and designation of the officer …………………………………………………………. …………………………………………………………. Seal, name & address of the Bank and address of the Branch


ANNEXURE-XII

PACKING SPECIFICATION

I. SCHEDULE FOR PACKAGING- GENERAL SPECIFICATIONS

1. No corrugate package should weigh more than 15 kgs (ie. product + inner carton + corrugated box).

2. All Corrugated boxes should be of `A' grade paper ie. Virgin. 3. All items should be packed only in first hand boxes 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 joined 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 - 60 should not crack.

TAPE:

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 intersect).

LABEL:

10. Every corrugated box should carry a large outer label at least 15cms x 10cms dimension clearly indicating that the product is for "Kerala Govt. Supply - Not For Sale" and it should carry the correct technical name, strength or the product, date of manufacturing, date of expiry, quantity packed and net weight of the boxin bold letters as depicted in Enclosure II to Annexure VI of this document.

OTHERS: 11. No box should contain mixed products or mixed batches of the same

product. II. SPECIFICATIONS FOR GELS PACKED IN TUBES:


(1) No corrugate box should weigh more than 7-8 Kgs. (2) Every Ointment tube should be individually packed in cartoon and

then packed in 20's in a grey board box, which may be packed in a corrugated box.

(3) Grammage : Outer box should be 150gsm inside partition / lining should be 120gsm III.SPECIFICATIONS FOR ABSORBANT COTTON WOOL

1. Gunny bags are not permitted

2. Each bundle (plastic bag ) should not contain more than 70

units

IV.SPECIFICATIONS FOR ABSORBANT COTTON GUAZE

1. Gunny bags are not permitted.

2. Each bundle (plastic bag )should not contain not more than 150

Units.


ANNEXURE-XIII

PERFORMANCE BANK GUARANTEE

To

The Kerala Medical Services Corporation Ltd

(Address)

Dear sir,

Bank Guarantee No : ……………………..…………

Amount of Guarantee : …………………………….….

Guarantee cover from : …………………….………….

Last date for lodgement of claim : …………………….………….

This deed Guarantee executed by the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(hereinafter referred to as the “Bank”) in favour of the The Managing Director, Kerala Medical Services Corporation Ltd, Thiruvananthapuram (hereinafter referred to as “the Beneficiary”) for an amount not exceeding ` . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at the request of M/s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (hereinafter referred to as “ the Contractor”).

This guarantee is issued subject to the condition that the liability of the Bank under this Guarantee is limited to a maximum of Rs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and the guarantee shall remain in full force upto . . . . . . . . . . . . . . . and cannot be invoked otherwise than by a written demand or claim under this Guarantee served on the Bank on or before . . . . . . . . .

Whereas the beneficiary has placed an order with the contractor in terms of the Order No: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the supply of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as per order and whereas one of the conditions of the agreement made was that the Corporation should make 100% payment of the contract including Taxes,


Duties, Freight and Insurance against delivery of the items on submission of Performance Bank Guarantee equivalent to 5% contract value valid for 15 months from the date of execution of agreement or 3 months from the date of satisfactory completion of supply whichever is later.

In consideration of the beneficiary having agreed to pay to the contractor the payment as aforesaid in accordance with the terms of the agreement, we the . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby undertake that it will in the event of the Contractor, failing to deliver the materials in accordance with the conditions of the agreement, pay to the beneficiary on demand any sum or sums which may from time to time be demanded by the beneficiary after the date there of upto a maximum of Rs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . being the mount of 5% of the contract value which at the date of the demand by the beneficiary has been paid aforesaid and which has not under the terms of this or any undertaking been reimbursed.

This undertaking is not revocable by notice but will continue with full force until (a) payment has been made to the beneficiary by the Bank of aggregate amount payable hereunder or (b) delivery of all items of the contractor’s acceptance of Order No: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to the beneficiary in accordance with the conditions of the agreement whichever shall first occur.

Notwithstanding anything contained herein:

i) Our liability under this Bank Guarantee shall not exceed Rs. . . . . . . . . . . . . . . .

ii) The Bank Guarantee shall be valid upto . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii) We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before . . . . . . . . . . . . . . . . . . . . . .

Dated on this. . . . . day of . . . . . . . . . . . . . . . .

Witnesses:

1.

2


Annexure-XIV Statement of MonthlyProduct Mix and Assured Supply

Schedule Offered Name of the bidder. Date of Offer:

Round-1

Sl:

no:

Dru

g C

ode

Dru

g N

ame

Ten

dere

d Q

uant

ity

Stoc

k in

han

d -

(Ass

ured

Qty

fo

r K

MSC

L)

30 Days

Ass

ured

Offe

red

quan

tity

(as

per

Uni

ts u

nder

C

laus

e- 4

.1)

Ass

ured

Qty

(as

% o

f T

ende

red

Qty

)

1.

2.

3.

4.

5. Round-2-Revised Supply Schedule

(only if sufficient bidders with the required ASS is not available in the first round)

Sl:

no:

Dru

g C

ode

Dru

g N

ame

Ten

dere

d Q

uant

ity

Stoc

k in

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(Ass

ured

Qty

for

KM

SCL)

30 Days

Ass

ured

Offe

red

Qty

Ass

ured

Qty

(%

of t

ende

red

Qty

)

1.

2.

3.

4.

5.

Date- Signature


APPENDIX – I


APPENDIX – II

Sl. No. Warehouses

1. District Drug Warehouse, DMO Compound, Near Eye Hospital, Thiruvananthapuram-35 Phone: 0471 – 4015638, 5637 9496003900

2. District Drug Warehouse, NEAR NEW O P BUILDING, Medical College Campus, Medical College, Thiruvananthapuram.695069

3. District Drug Warehouse, Near Thevally Bridge, Thevally PO, Kollam.691009 Phone: 0474 – 2794807, Mob: 9496004500

4. District Drug Warehouse, Mullackal Road, Nannuvakadu, Pathanamthitta 689645 Phone: 0468 – 2329269 Mob: 9496004600

5. District Drug Warehouse, Near General Hospital, Iron Bridge PO, Alappuzha 688005. Phone: 0477-2252302, 9496004700

6. District Drug Warehouse (Annex), KSDP Warehouse, Alappuzha

7. District Drug Warehouse, Behind District Hospital, Chelliyozhukkam Road, Kottayam 686001. Ph: 0481-2562401, 9496004800

8. District Drug Warehouse (Annex), Building No. 672/XIV, Kottayam

9. District Drug Warehouse, Muttam PO, Thodupuzha, Idukki 685587. Phone: 0486-2256428, 9496004900

10. District Drug Warehouse, Painavu, Idukki 685587.

11. District Drug Warehouse, General Hospital Compound, Ernakulam 682011. Ph: 0484-2351860, 9496005400

12. District Drug Warehouse, High Road, Opp. Police Officer's Quarters, Thrissur-1. Ph: 0487-2423369, 9496005600

13. District Drug Warehouse, Near Railway Station Over Bridge, Tirur PO, Malappuram 676 101. Ph: 0494-2426759, 9496005800

14. District Drug Warehouse (Annex), Kerala State Warehousing Corpn, Building No. 18/346D, Manjieri, Malappuram

15. District Drug Warehouse, District Hospital Compound, Palakkad. Ph:0491-2533336, 9496006200

16. District Drug Warehouse (Annex), Kerala State Warehousing Corn, Building No. 13/687(1) & 13/687 (9), Palakkad

17. District Drug Warehouse, Malaparambu PO, Kozhikode 673009. Ph: 0495-2370735, 9496006400

18. District Drug Warehouse (Annex), Building No. 10/378, Kunnamangalam, Kozhikode

19. District Drug Warehouse, Near District Hospital, Mananthawadi PO, Wayanad 620645. Ph: 04935-244303, 9496006500

20. District Drug Warehouse, Near Palakkadan Swami Madam, Kakkad Road, Kannur. Ph: 0497-2705046, 9496006700

21. District Drug Warehouse, Near Old District Hospital, Kanhangad, Kasaragod 671315. Ph: 0467-2206464, 9496006900