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EOI DOCUMENT FOR
OPENING OF JAN AUSHADHI GENERIC DRUG
STORES AT HOSPITALS ATTACHED TO
GOVT.MEDICAL COLLEGES IN THE STATE OF
MAHARASHTRA
Directorate, Medical Education & Research
Govt. Dental College & Hospital Building,St. George"s Hospital
Compund Mumbai - 400 001
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EOI DOCUMENT FOR
Opening of Jan Aushadhi Generic Drug Stores at Hospitals attached to
Govt. Medical Colleges in the state of Maharashtra
Index
Section Details
Pages
Section 1 Notice inviting EOI
3 - 4
Section 2 Proposal Submission Form
5 - 6
Section 3 Instructions to the Bidders
7 - 12
Section 4 General Terms & Conditions
13 - 17
Section 5 Form
18
Form I Details of Bidder
19
Form II Form for Audited Statements
20
Form III Tripartite Agreement Format
21 - 25
Form IV Authorization letter Format
26
Form V Power of Attorney
27
Form VI Declaration of Certificates Submitted
28
Form VII Information on Litigation, Blacklisting, Expelling of Agency
Abandonment of Work
29
Annexure- A
List of Govt. Medical Colleges and Hospitals 30
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SECTION - 1
NOTICE INVITING EOI
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No.DMER/G-2/E- tender Notice/Jan Aushadi / / 2016, Date :- 5 JAN, 2016
E- TENDER NOTICE
1) On behalf of Governor of Maharashtra State, Director, Directorate of Medical Education &
Research, Mumbai (DMER) invites the Expression of Interest by e-tendering process in one envelope
system for starting ''Jan Aushdi'' Shops for all the hospitals and medical colleges under DMER, The
details are as under .
1 Release of Tender Documents 08/01/2016
2 Download and Preparation 08/01/2016 10.00 am to 28/01/2016 up to 5.00pm
3 Closing of Bid 28/01/2016 at 5.00 pm to 8.00pm
4 Date & time for submission of Tender 28/01/2016 at 8.00pm to 30/01/2016 up to 5.00pm
5 Opening of Technical Bid (Envelop No.1) 01/02/2016 at 11.00 am
2) For detail information, the interested bidders may visit the website http://dmer.maharashtra. etenders.in, http://maharashtra.govt.in
3) The interested bidders will have to pay fee as Rs.1058/- for online submission of bid per submission. The non refundable tender fee Rs.2000/- (Rs. Two Thousand Only) will be paid online on or before 28/01/2016 up to 5.00 pm .
4) Time schedule of e-tender is available on the website http://dmer.maharashtra.etenders.in, http://maharashtra.govt.in
5) The Director, Directorate of Medical Education & Research reserves the right to make changes in terms & conditions & schedule of tender as per need and also reserves the right to reject the tender without assigning any reason. Web site: http://dmer.maharashtra.etenders.in Email:[email protected] Contact No. DMER- 22621988, 22617295
Contact No. Mr. Sandip - 9167969615
Help Line No. : 020 - 2531 5555
Sd/-
Director, Medical Education & Research, Mumbai
Sr. No Name of the Tender
01 EXPRESSION OF INTEREST FOR STARTING "JAN AUSHADI" SHOPS
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SECTION - 2
PROPOSAL SUBMISSION FORM
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PROPOSAL SUBMISSION FORM
LETTER OF BID
To,
Director
Department of Medical Education & Research
4th Floor, Govt. Dental College and Hospital Building,
St. George"Hospital Compund
Mumbai 400001
Ref: Invitation for bid No----------------------------------------
We, the undersigned, declare and accept that :
1. We have examined and have no reservations to the Bidding Documents, Including addenda
issued in accordance with instructions to bidders
2. We offer to execute in conformity with the bidding Documents for Opening of Jan Aushadhi
Generic Drug Stores at all Hospitals attached to Govt. Medical Colleges in Maharashtra State
as mention in Annexure -A
3. Our bid shall be valid for a period of 120 days from the date fixed for the bid submission
deadline in accordance with the bidding documents and it shall remain binding upon us and
maybe accepted at any tine before the expiration of that period
4.If our bid is accepted we commit to submit s performance security in accordance with the
Bidding Documents
5. We also declare that Government of India or any other Government Body has not declared
us ineligible or black listed us on charges of engaging in corrupt fraudulent collusive or
coercive practices
6. We also accept all the terms and conditions of this bidding document and undertake to
abide by them, including the condition that the tendering authority is not bound to accept
highest ranked bid/lowest bid or any other bid that it may receive
7. The authority teservers the right to accpet or reject any or all the bids without assigning any
teason and the decision of the authority shall be final and binding.
Yours Sincerely,
Authorized Signatory
Full Name and Designation
(Note : Authorized person shall attach a copy of Authorization for signing on behalf of
biding company)
(To be printed on Bidder's letterhead)
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SECTION -3
INSTRUCTIONS TO THE BIDDERS
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INSTRUCTIONS TO THE BIDDERS
1.1 For the EOI/Bidding/Tender Document Purposes DMER Government of Maharashtra,
Mumbai shall be referred to as "Client and the Bidder/Successful Bidder shall be referred to as
Contractor and/or Bidder or Interchangeably
1.2 The EOI/tender shall be prepared & submitted using Digital Signature Certificate issued
by Govt. approved Certifying Authority on above mentioned e-tendering portal of department
in stipulated time given for each stage in EOI Schedule. Proposal will be opened online on
above mentioned e-tendering Portal on the day mentioned in EOI Schedule
1.3 The EOI document may also be downloaded from the office website
http://dmer.maharashtra.etender.in only after the bidders have deposited the cash receipt paid
towards the cost of blank tender form.
1.4 While all efforts have been made to avoid errors in the drafting of the tender documents
the bidder is advised to check the same carefully No Claim on account of any errors detected
in the tender documents shall be entertained.
1.5 Each page of the EOI Documents must be stamped and signed by the authorized person
or persons submitting the EOI in token of his/their having acquainted himself/themselves and
accepted the entire EOI documents including various conditions of contract. Any Bid with any
of the Document not so signed is liable to be rejected at the discretion of the Client.
The tender shall be prepared and submitted using Digital Signature Certificate issued by Govt.
approved certifying authority on above mentioned e-tendering portal of the Department in
stipulated time given for each stage in EOI schedule Technical bid will be opened online on
above mentioned e-tendering portal on day mentioned in EOI schedule
1.6 The Person signing the EOI document on behalf of the bidder shall attach the copy of the
authorization letter/power of Attorney as the proof authorization for signing on behalf of the
bidder.
1.7 All bidders are hereby explicitly informed that conditional offer or offers with deviations
form the conditions of contract, the bids not meeting the minimum eligibility criteria, proposal
bids not accompanied with supportive documents, or any other requirements, stipulated in the
EOI shall be summarily rejected
1.8 The Bidding Institution should be a Society/Institute registered under Bombay pubic Trust
Act 1950 and Society registration Act 1960 rule (21) or Cooperative Society must be
registered under proper act on or before year 2010
1.9 The Parties to the Bid shall be the "Bidder (to whom the work allotment will be
recommended to the Government of India) and the DMER Government of Maharashtra
Mumbai
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1.10 For all purposes to the contract including arbitration there under the address of the bidder
mentioned in the bid shall be final unless the bidder notifies a change of address by a separate
letter sent by registered post with acknowledgement due to the DMER Government of
Maharashtra Mumbai. The bidder shall solely be responsible for the consequences of any
omission or error to notify change of adders in the aforesaid manner.
1.11 The requirements of establishment of JAS may increase of decrease at the sole discretion
of the competent authority of the Client
2 MINIMUM EIGBILITY CRITERIA
The following shall be the minimum technical eligibility criteria for selection of
agency for JAS:
1. To Participate is this EOI, NGO/Institutions/Co. operative Societies are eligible.
2. The agency must be registered to concerned authority of Govt. of Maharashtra before
2010 and should be approved by Government .
3. There should not any legal case filed against the agency and the case should not pending .
4. The annual reports of the agency should be audited by competent authority for last three
years.
5. The preference shall be given to those who have experience in medical field and also have
experience of running state/centered Govt. schemes.
6. The agency should be ready to work is any Medical College and Hospital controlled by the
Dept. of Medical Education.
7. The agency must be ready to comply the Terms and conditions of BPPI and also should be
ready to fulfill the Terms and Conditions of State/Centered Government in future . In
this regards the bidder should give the undertaking
8. As per the conditions is general administration department circular No shakaja
1098/Ad.No55/22 dated 27.10.1998 there is restriction regarding utilization of space in
Government office premises by individuals/Institutions other than Government offices .
The bidders should note that the subject to approval by Government to the relaxation
to above condition the space shall be mode available in Mumbai region
9. Society/Institute must be registered under Bombay public Trust Act 1950 and Society
registration Act 1960 rule (21) or Cooperative Society must be registered under proper act on
or before year 2010.
10. Institute/Society must have own byelaws containing aim to facilitate or help poor and
needy patients in medical terms.
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2.1 Documents supporting the Minimum Eligibility Criteria
Following document in support of minimum eligibility criteria should be submitted
along with the EOI:
a. Society/Institute Registration Certificate under Bombay public Trust Act 1950 and Society
registration Act 1960 rule (21) or Cooperative Society must be registered under proper act on
or before year 2000.
b. Institute/Society by-laws containing aim to facilitate or help poor and needy patients in
medical terms.
c. Document supporting Society/Institute's claim of having experience of coordinating
schemes run by State Government/Central Govt.
d. The undertaking by the agency regarding readiness to work in all Medical Colleges and
Hospitals in all parts of Maharashtra state .
e. Audited statements of the Society /Institution /Cooperative for the last three preceding
years.(F.Y.2012-13,2013-14,2014-15)
3. VALIDITY OF BIDS
3.1 Bids/EOI shall remain valid open for acceptance for a period of 120 days from the last
date of submission of EOI.
3.2 In case client calls the bidder for negotiation then this shall not amount to cancellation or
Withdrawal or original offer which shall be binding on the bidder.
3.3 The Client may request for extension of validity of bids for another period of 60 days
without any modifications and without giving any reasons thereof.
4 PREPARATION OF BIDS
4.1 Language: EOI/Bids and all accompanying documents shall be in English or in Marathi
4.2 EOI Proposal : EOI should be prepared as per the instruction given in the EOI Document
along with all required information, documents in support of minimum legibility criteria
Document comprising the Bid:
a. Proposal Bid submission form duly signed and printed on Company's letterhead.
b. Signed and Stamped EOI document.
c. All attested supporting document in proof of having fully adhered to minimum eligibility
criteria as specified.
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5. SUBMISSION OF EOI
The EOI shall be prepared and submitted using Digital Signature Certificate issued by Govt.
approved certifying authority on above mentioned e- tendering portal of the Department in
stipulated time given for each stage in EOI schedule. EOI proposal will be opened online on
above mentioned e-tendering portal on day mentioned in EOI schedule. .
6.BID OPENING PROCEDURE
6.1 The EOI shall be opened in the Committee/meeting Room of the Director , Directorate of
Medical Education & Research, Mumbai as per the schedule by the Committee authorized by
the Director, Directorate of Medical Education & Research, Mumbai.
6.2 After opening of the EOI proposal, they shall be evaluated later to ensure that the bidder
meet the minimum eligibility criteria as specified in the EOI Document.
6.3 EOI shall be declared as valid or invalid on the preliminary scrutiny i.e. verification and
evaluation of the Minimum Eligibility Criteria by the Tender opening Committee. However,
detailed evaluation shall be done only in respect of valid bid
6.5 The date fixed for opening of bids, if subsequently declared as holiday by the Government
, the revised schedule will be notified . However in absence of such notification, the EOI will
be opened on next working date, time and venue remaining unaltered
7. CLARIFCATION ON TECHNICAL BID EVALUATION
7.1 The EOI proposal shall be evaluated based on the available documents submitted by the
bidder. To assist in the examination, evaluation, and comparison of the bids, and qualification
of the bidders, the Client may, at its discretion, ask any bidder for a clarification of its bid.
Any Clarification submitted by a bidder that is not in response to a request by the Client shall
not be considered . The Clients request for Clarification and the response shall be in writing
7.2 If a bidder does not provide clarifications of its by the date and time set in the Clients
request for clarification its bid may be rejected
7.3 Client also reserves right to seek confirmation/clarification from the issuer agency, on the
supporting documents submitted by the bidder
8. RIGHT OF ACCPETANCE:
8.1 The Client reserves all rights to reject any bid including of those who fail to comply with
the instructions without assigning any reason whatsoever and does not bind itself to accept
lowest or any specific bids. The decision of the Client in this regard shall be final and binding.
8.2 Any failure on the part of the bidder to observe the prescribed procedure and any attempt
to canvas for the work shall render the bidders bids liable for rejection
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8.3 The Client may terminate the Contract if it is found that the Contractor is blacklisted on
previous occasions by any of the Government Department /Institutions/Local
bodies/Municipalities /public Sector undertaking etc.
9. NOTIFICATION OF SELECTION BY ISSUANCE OF LETTER OF
RECOMMENDATION
9.1 After determining the successful evaluated EOI, Client issue a letter of Acceptance(LoA)
in duplicate , who will return one copy to Client duly acknowledged accepted and signed by
the authorized signatory,wihtin Three (3) days of receipt of the same by him.
9.2 The issuance of the letter of Acceptance to the bidder shall constitute an integral part and
it will be a binding to the contract.
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SECTION - 4
GENERAL TERMS & CONDITIONS
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SECTION - 4
GENERAL TERMS & CONDITIONS
The Jan Aushadhi scheme launched by the Department of Pharmaceuticals, Ministry of
Chemicals and Fertilizers, Govt. of India aims to make available quality generic medicines at
affordable prices to all through special outlet known as Jan Aushadhi store opened/to be
opened in each district of all the States. The new business plan approved by the Department of
Pharmaceuticals in August, 2013 brought out it no. of changes to make the campaign a real
success.
The General Terms & Conditions are as follows:
1. Authority to provide the minimum space conforming to standards as approved by BPPI in
the Hospital premises i.e. 120 sq. ft. The location of the store should be at such a place which
is easily accessible to the OPD patients, preferably at the entry of the hospital & given to the
agency free of cost.
2. The operating agency should have:-
(a) Sale license from the competent authority (Retail drug license in the name of the JAS and
/or Tin No); and
(b) Proof of securing a pharmacist with computer knowledge (name of the pharmacist,
Registration with the State Council etc to be furnished).
3. Before the JAS starts functioning and BPPI makes arrangements to supply medicines to
JAS, a tripartite agreement as per the format in Form III need to be entered into between
BPPI, Health Department of the State and the operating agency
4. A margin of 16% for the JAS on the sale price of JAS is built in the MRP of each drug. In
addition, the JAS are eligible for one time financial assistance up to Rs. 2.00 lakh (two lacs)
as establishment cost and up to Rs. 50,000/- as one time start up cost for purchase of computer
hardware etc. to be released by BPPI directly to the operating agency nominated by the State
Government, generally on re-imbursement basis supported by bills of actual
purchases/establishment.
5. BPPI will ensure timely supply of quality generic medicines etc. to the Jan Aushadhi Stores
through Super Stockist/C& Agent/central warehouse.
6. The list of medicines along with their MRPs is available on the website of the BPPI i.e.
janaushadhi.gov.in. The list may undergo change depending upon demand received from the
Jan Aushadhi Stores for new medicines.
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7. Other requirements :
(a) The store should have sufficient furniture like:
Racks to store the medicines, counter for issue of bills and medicines to patients, office tables,
computer table and chair/stools etc for working of staff.
(b) There should be minimum two display boards [one horizontal and second vertical]
over the store following the language, logo, design & the color combination as provided by
BPPI.
(c) There should be a Computer, Printer and Internet & Telephone connection with the
following minimum configuration so that web based Soft-ware can be loaded:
Minimum configuration of the PC is as follows:- a. Pentium IV/Dual Core Processor, b. 1
GB RAM (2 GB Recommended), c. 80GB HDD, d. TVSE MSP 240/250 series 80 column
Dot matrix printer (Recommended), e. 500 VA UPS
Software requirements:- a. Windows XP/ Vista /Windows 7 (32 bit)/Windows 8 Operating
System – Windows 7 (32 bit) is recommended, b. Anti-virus software, c. Internet connection –
512kbps
The above said specification is minimum requirement for BPPI web based software. JAS may
install computer with higher/latest specifications
d) There should be a Refrigerator in the store for storage of medicines at the
required temperature as per Drugs and Cosmetic Act.
(e) The operating agency will recruit the staff for running the store as per the
requirement at their own cost.
(f) All billings should be done using software provided by BPPI. No medicine can be
sold in JAS without using the software provided by BPPI.
(g) Medicines sourced and supplied only by BPPI, will be allowed to be sold through
stores. The list of medicines will be dynamic and may be altered after approval from the
competent authority.
(h) It shall be the responsibility of the operating entity to obtain drug license and
other permissions to run a drug store. Compliance to all statutory requirements for storage of
drugs shall be ensured by the operating agency.
(i) The operating agency should be willing to run the stores from 8.00 AM to 8.0 PM
or round the clock, if required.
(j) The operating entity shall furnish the store as far as possible as per the
design/layout provided by the BPPI.
(k) Supplies of medicines to JAS stores will be made as per the following
arrangements:
- JAS opened by State Government identified operating agencies: Credit facility not
exceeding 60 days from the date of dispatch of medicines.
-
8) This tender is mainly for establishment of opening of Jan Aushadhi Generic Drug Stores at 4
Government Colleges and Hospitals in Maharashtra State.
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9) As per the conditions is general administration department crueler No 1098/Ad.No55/22
dated 27.10.1998 there is restriction regarding utilization of space is Government office
premises by individuals/Institutions other than Government offices .
The bidders should note that the subject to approval by Government to the relaxation
to above condition the space shall be mode available in Mumbai region
Roles and Responsibilities of Nominated Agency :
1. It would ensure that the Jan Aushadhi Generic Drug Store is opened in the selected
hospitals/Medical Colleges, as decided by the State Government.
2. It will fully furnish the Jan Aushadhi Stores, as may be required to run a medical
store with computer and internet facility etc. and follow the designs and layout and the logo
etc. as per specifications provided by the Bureau of Pharma Public Sector Undertakings of
India (BPPI)
3. It will be responsible for running and managing the Jan Aushadhi Stores during
hospital timings and thereafter, round the clock, if required.
4. It will use the premises solely for the purpose for which it has been allotted and for
no other purpose and shall not part with the premises, sub-let the premises to anyone directly
or indirectly.
5. It will keep the premises in hygienic and functional condition.
6. It will obtain the Retail/whole sale Drug License/Sale Tax/VAT numbers from the
competent authority to run the stores having a pharmacist and other qualified staff. The first
party would provide necessary assistance as may be necessary to obtain the required Drug
License/Sale Tax Number.
7. It will procure the generic medicines directly from the C&F agent/Super Stockist
appointed by BPPI.
8. It will ensure that the supply of the medicines made by the Central Warehouse/C&F
agent/Super Stockist, the receipts of the medicines in the relevant form(s) is/are sent to the
Central Warehouse/C&F agent/Super Stockist as promptly as possible.
9. It will sell the unbranded generic drugs manufactured by the CPSUs or other
manufacturer as may be supplied or permitted by BPPI as per the Jan Aushadhi Scheme of the
Department of Pharmaceuticals, Govt. of India (GOI).
10. It will not use the Jan Aushadhi Store for sale of any unauthorized or illegal or
extraneous/obnoxious/banned drugs which are spurious, soiled, damaged, post-dated or
expired or adopt any unfair means to boost the sale.
11. It will issue computer generated receipts, for each sale which will include name of
medicine(s), pack and quantity, batch No., date of manufacturing and expiry, sale price, taxes,
if any, as per normal procedure.
12. It will release the payments to the C&F agent/Super Stockist on regular basis
without any default. In case of any default in payment beyond the credit period of sixty days
from the date of supply of medicines, the nominated agency will be liable to pay the penal
interest of 12% per annum for the defaulted amount.
13. It will pay service taxes and other central and local taxes from time to time being
imposed or assessed on the premises by the competent authority.
14. It will permit access to the BPPI, State and Central Govt. through its authorized
person(s)/party at all reasonable times for the purpose of inspecting the premises and
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also the stock where the trade or business of the store being carried therein. Such party
or its agents are authorized to seize any unauthorized items being sold in the store without any
valid permission or sanction of law.
15. It will abide by directions issued by the Govt. of -------------------- from time to
time for proper maintenance of the premises and for running of the stores, besides observing
the relevant laws such as drug laws, labour laws, shop and establishment registration etc., as
applicable.
16. It shall indemnify the central warehouse/C& agent/Super Stockist against all losses
and damages caused or sustained to the central warehouse/C& agent/Super Stockist due to any
default, negligence, breach of any of the terms and conditions by it.
17. It will sell the medicine in the normal course till the date of expiry. However, the
Nominated Agency may return to the respective stockist, the medicine which are not moving
or has shelf-life of 3 months or less, failing which the liability to compensate the value of such
medicines to the central warehouse/C& agent/Super Stockist will rest on the agency.
18. It will regularly submit the reports and returns as the case may be called for by the
BPPI and CPSUs, as the case may be.
19. Further operational issues, arising from time to time, will be decided with mutual
consent of all the concerned parties.
20. The performance of the NGO/Institute/Cooperative institute selected to run the
Generic Medicine shop will be assessed every two years. A committee formulated under the
chairmanship of the concerned Dean, Government Medical College and it's affiliated
Hospital will assess in this regard and report to the Directorate According to the report, the
Director will recommend the further extension of the institute to the Government of
Maharashtra.
21. The agency selected by the Govt. for sale of generic Medicines cannot sale medicines and
surgical items other than the generic medicines approved/authorized by Central Govt/State
Govt. If found selling such items the approval of the agency by Govt. shall be cancelled.
22. The agency is bound to implement the Directions/Orders/Terms and Conditions issued
in future form time to time by the Central Government/Government of Maharashtra
/Directorate of Medical & Research /Food & Drugs Administration Department
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SECTION - 5
FORMS
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FORM - I
DETAILS OF THE BIDDER
1 Name of Agency
2 Nature of the Agency
(NGO/Charitable trust/society
3 Authorized Representative
Nam
Designation
4 Communication Address
5 Contact Details
Phone
Fax
6 Name of the contact person
Designation
Phone
Fax
Undertaking:
I have/we have gone through the terms and conditions as mentioned in the guidelines
for opening of Jan Aushadhi store and agree to abide by the same.
I/We hereby declare that all the information as mentioned above is true to the best of
my knowledge.
Date: Signature of the Authorized Signatory
Place:
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FORM -II
FORM FOR AUDITED STATEMENTS
Description Financial Years
2012-13 2013-14 2014-15
Annual Turnover
Net Worth
Current Assets
Current Liabilities
Total Revenues
Profit Before Taxes
Profit After Taxes
(Note: Please attach documentary evidence for the same i.e.CA Certificate and
Audited balance sheets)
Authorized Signatory / C. A.
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FORM -III
(TRIPARTITE AGREEMENT FORMAT )
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
GOVERNMENT OF Maharashtra
DEPARTMENT OF Medical Education and Drugs
AND
-----------------------------------------------------------
(Nominated Agency)
AND
BUREAU OF PHARMA PUBLIC SECTOR UNDERTAKINGS OF INDIA
(BPPI)
SET UP UNDER THE DEPARTMENT OF PHARMACEUTICALS
MINISTRY OF CHEMICALS & FERTILIZERS
GOVERNMENT OF INDIA
ON……….. 2015
AT The State Government of -------------------------, DEPARTMENT OF ------------------------------
------------------------------------------------- and the -------------------------(Nominated
Agency)and the Bureau of Pharma Public Sector Undertakings of India (BPPI) set up under
Department of Pharmaceuticals (DoP), Ministry of Chemicals and Fertilizers, Government of
India, herein after referred to as the parties.
RECOGNISING that the State Government of -------------------------, Department of Health,
Medical Education & Family Welfare is the Nodal Department in the Government of ----------
--------------- (herein after referred to as the First Party of MOU) for providing co-operation to
Bureau of Pharma Public Sector Undertakings of India (BPPI) in the implementation of the
Jan Aushadhi Scheme in the State of ----------------, besides issuing guidelines to the Govt.
Doctors in the
hospitals for prescribing medicines based on Generic names and educating general public
about the advantages of Jan Aushadhi campaign.
RECOGNISING that the ------------------------- (Nominated Agency), will be the Nodal
Agency as decided by the State Government (herein after referred to as the Second Party of
MOU) which will be responsible for establishing, managing and successfully running the Jan
Aushadhi Generic Drug Stores for making available quality generic medicines at affordable
prices for all.
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RECOGNISING that the Bureau of Pharma Public Sector Undertakings of India (BPPI)
under Department of Pharmaceuticals (DoP) Government of India, (herein after referred to as
the Third Party of MOU) is responsible for facilitating the required supply of affordable
quality generic (unbranded) medicines etc. through central warehouse/C& agent/Super
Stockist of BPPI, to the Jan Aushadhi Generic Drug Stores to be managed by the ---------------
---------- (Nominated Agency) with appropriate margins and with the credit facilities for the
products upto 60 days from the date of supply.
ALL THE ABOVE PARTIES HAVE REACHED THE FOLLOWING
UNDERSTANDING AS OUTLINED IN THE BELOW MENTIONED ARTICLES:
ARTICLE-I The scheme titled as ‘Jan Aushadhi Scheme’, a public welfare programme in the area of
health care initiated by the Department of Pharmaceuticals (DoP), Ministry of Chemicals &
Fertilizers, Government of India being implemented by the agencies such as Bureau of
Pharma Public Sector Undertakings of India (BPPI), Central Pharma Public Sector
Undertakings (CPSUs) is supported by the DEPARTMENT OF ------------------------------------
-------------------------------------------, Government of ------------------------- through which the -
------------------------ (Nominated Agency) will be establishing, running and managing the Jan
Aushadhi Generic Drug Stores for making available quality generic medicines at affordable
prices for all. The opening of Jan Aushadhi Generic Drug Stores under the Jan Aushadhi
Scheme will be done by the ------------------------- (Nominated Agency) in a manner as may be
decided in consultation with the State Government and the Bureau of Pharma Public Sector
Undertakings of India (BPPI). In the first instance, the Jan Aushadhi Generic Drug Stores will
be opened in every District Hospital premises
or at any suitable location provided by the DEPARTMENT OF ------------------------------------
-------------------------------------------, Government of ------------------------- and spread in to
block level etc. as may be decided by the State Government.
Roles and responsibilities of the State Govt. 1. The State Government will extend its support and co-operation to ---------------------
---- (Nominated Agency) and BPPI in the opening up of Jan Aushadhi Stores and
implementation of Jan Aushadhi Scheme.
2. The Chief Medical Officer of the District/Medical Superintendent of the Zonal
Hospital will provide the space free of charge in the premises of District Hospital or at any
other suitable location as may be decided by the State Government for running of Jan
Aushadhi Generic Drug Stores by ------------------------- (Nominated Agency)
3. It will issue suitable guidelines to ensure that the Government Doctors in the
hospitals prescribe unbranded generic medicines and also to educate and popularize, amongst
the general public, the advantages of the Jan Aushadhi campaign.
ARTICLE - II The ------------------------- ((Nominated Agency)) will be responsible for establishing,
managing and successfully running the Jan Aushadhi Generic Drug Stores for making
available quality generic medicines at affordable prices for all. The -------------------------
(Nominated Agency) will own and manage the system including making necessary provision
for maintenance and recurring expenditure from its own resources for running the Jan
Aushadhi Generic Drug Stores, out of the margin built in the MRPs of the medicines.
Roles and responsibilities of (Nominated Agency)
1. It would ensure that the Jan Aushadhi Generic Drug Store is opened in the selected
hospitals/Medical Colleges, as decided by the State Government.
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2. It will fully furnish the Jan Aushadhi Stores, as may be required to run a medical
store with computer and internet facility etc. and follow the designs and layout and the logo
etc. as per specifications provided by the Bureau of Pharma Public Sector Undertakings of
India (BPPI)
3. It will be responsible for running and managing the Jan Aushadhi Stores during
hospital timings and thereafter, round the clock, if required.
4. It will use the premises solely for the purpose for which it has been allotted and for
no other purpose and shall not part with the premises, sub-let the premises to anyone directly
or indirectly.
5. It will keep the premises in hygienic and functional condition.
6. It will obtain the Retail/whole sale Drug License/Sale Tax/VAT numbers from the
competent authority to run the stores having a pharmacist and other qualified staff. The first
party would provide necessary assistance as may be necessary to obtain the required Drug
License/Sale Tax Number.
7. It will procure the generic medicines directly from the C&F agent/Super Stockist
appointed by BPPI.
8. It will ensure that the supply of the medicines made by the Central Warehouse/C&F
agent/Super Stockist, the receipts of the medicines in the relevant form(s) is/are sent to the
Central Warehouse/C&F agent/Super Stockist as promptly as possible.
9. It will sell the unbranded generic drugs manufactured by the CPSUs or other
manufacturer as may be supplied or permitted by BPPI as per the Jan Aushadhi Scheme of the
Department of Pharmaceuticals, Govt. of India (GOI).
10. It will not use the Jan Aushadhi Store for sale of any unauthorized or illegal or
extraneous/obnoxious/banned drugs which are spurious, soiled, damaged, post-dated or
expired or adopt any unfair means to boost the sale.
11. It will issue computer generated receipts, for each sale which will include name of
medicine(s), pack and quantity, batch No., date of manufacturing and expiry, sale price, taxes,
if any, as per normal procedure.
12. It will release the payments to the C&F agent/Super Stockist on regular basis
without any default. In case of any default in payment beyond the credit period of sixty days
from the date of supply of medicines, the nominated agency will be liable to pay the penal
interest of 12% per annum for the defaulted amount.
13. It will pay service taxes and other central and local taxes from time to time being
imposed or assessed on the premises by the competent authority.
14. It will permit access to the BPPI, State and Central Govt. through its authorized
person(s)/party at all reasonable times for the purpose of inspecting the premises and
also the stock where the trade or business of the store being carried therein. Such party
or its agents are authorized to seize any unauthorized items being sold in the store without any
valid permission or sanction of law.
15. It will abide by directions issued by the Govt. of -------------------- from time to
time for proper maintenance of the premises and for running of the stores, besides observing
the relevant laws such as drug laws, labour laws, shop and establishment registration etc., as
applicable.
16. It shall indemnify the central warehouse/C& agent/Super Stockist against all losses
and damages caused or sustained to the central warehouse/C& agent/Super Stockist due to any
default, negligence, breach of any of the terms and conditions by it.
17. It will sell the medicine in the normal course till the date of expiry. However, the -
24
------------------------(Nominated Agency)may return to the respective stockist, the medicine
which are not moving or has shelf-life of 3 months or less, failing which the liability to
compensate the value of such medicines to the central warehouse/C& agent/Super Stockist
will rest on the agency.
18. It will regularly submit the reports and returns as the case may be called for by the
BPPI and CPSUs, as the case may be.
19. Further operational issues, arising from time to time, will be decided with mutual
consent of all the concerned parties.
ARTICLE – III
The Bureau of Pharma Public Sector Undertakings of India (BPPI) set up under the
Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, Govt. of India will be
responsible for facilitating the supply of affordable quality generic (unbranded) medicines
required in health care, through central warehouse/C&F Agent/Super Stockist to the Jan
Aushadhi Generic Drug Stores to be managed by the ------------------------- (Nominated
Agency) with appropriate margins and with the credit facilities for the products up to 60 days
from the date of supply.
Functions and responsibility of the BPPI.
1. For proper implementation of the scheme, BPPI would render all required assistance
to the ------------------------- (Nominated Agency) for running the drug stores for furthering
the objective of the Jan Aushadhi Programme.
2. BPPI shall also facilitate the supply of affordable quality generic (unbranded)
medicines etc. through central warehouse/C& agent/Super Stockist to Jan Aushadhi Generic
Drug Stores with appropriate margins and credit facilities for the products upto 60 days from
the date of supply.
3. The BPPI shall reserve right to modify, impose or relax any clause to these terms
and conditions, as the case may be.
4. In order to promote the campaign and to incentivize the operating agencies i.e. the -
------------------------ (Nominated Agency), BPPI will provide one-time financial assistance to
the extent of Rs.2.00 lakh per store generally on reimbursement basis to meet the expenditure
incurred to create infrastructural facilities and the start up cost up to Rs. 50,000/- for purchase
of computer hardware etc. out of the funds made available by the Department of
Pharmaceuticals. Once the space is identified and the agency to run and manage the store is
conveyed by the State Government, BPPI may release the funds in advance to the nominated
agency as per the above norms to facilitate smooth opening of the stores. The assets so created
out of the financial assistance provided by BPPI shall be the sole property of BPPI.
Arbitration Any dispute arising out of this understanding at any stage shall be referred to the Arbitrator to
be mutually decided between all the three parties whose decision shall be final and binding
on all the parties. The Arbitration proceedings shall be conducted as per the rules of
Arbitration and Conciliation Act, 1996.
ARTICLE IV The contact persons for three parties:
For the first party, the contact person is DEPARTMENT OF ----------------------------------------
---------------------------------------, Government of -------------------------.
For the second party, the contact person is Head/In-charge of the -------------------------
(Nominated Agency)
For the third party, the contact person is General Manager, BPPI, IDPL Corporate office,
IDPL Complex, Dundahera, Gurgaon (Haryana)-122016.
25
ARTICLE V IN WITNESS THEREOF, the undersigned being duly authorized thereto by the respective
parties have hereto signed this MOU
Signed at …………….. on this.…………., 2014 in three originals each in English.
(…………………..)
Department of ……
……………………
Govt.of………….
(Shri…………………)
Head/In-Charge of
(Nominated Agency )
(……………………)
General Manager
Bureau of Pharma public Sector
Undertaking of India (BPPI)
In presence of
(………………….) (………………….) (………………….)
26
FORM-IV
AUTHORIZATION LETTER FORMAT
No-------- Date---------
To,
Director,
Directorate of Medical Education & Research
Mumbai.
Dear Sir,
Tender Reference No_____________
We_______________who are established and reputable Service provider located at
_____________do hereby authorize Mr._________________________to sign,offer negotiate
and conclude the contract with you against the above invitation for tender offer.
Specimen Signature Of Mr._____________is as below
Verified By : Mr_____________________(Director/Owner of the Company)
Yours Faithfully
for and on behalf of M/s____________________
Director /Owner.
(Note : This letter of authority should be on the letterhead of the tenderer and should be signed
by a competent person of the tenderer )
27
FORM-V
POWER OF ATTORNY
To,
Director,
Directorate of Medical Education & Research
Mumbai.
Tender Reference No______________________________
I/We_______________________who is /are established and
reputable service Providers do herby authorize
Mr._________________________________________________________(Name and
Designation) to offer, negotiate and conclude the contract with your against the above the
EOI.
Yours faithfully
Name:
For and on behalf of M/S
(Note: This letter of authority should be on the letter head of the Agency and should be
signed by a competent person of the Agency.)
28
FORM-VI
DECLARATION OF CERTIIFICATES SUBMISSION
I__________________________________________age_____yrs. residing at _______
_________________________ in capacity of M/s____________________hereby solemnly
affirm that M/s._____________________has submitted the following certificates along with
Tender Form.
1.
2.
3
4.
5
6
7
8
9
10
Whatever stated above is true & correct to the best of my knowledge & belief
Date (Signature and Stamp of the Authorized Signatory)
This EOI document contains from 1 to______ pages.
(Signature & Stamp of the Bidder)
29
FORM-VII
INFORMATION ON LITIGATION,BLACKLISTING EXPELLING OF
AGENCY ABANDONMENT OF WORK
Sr.No Particulars Yes/No
(if Yes give detail)
1. Is the vendor involved in any arbitration/ litigation
regarding any contract ?
2. Is the vendor been debarred /expelled by any
government agency in the past?
3. Is the vendor failed to complete any contract with
government in the past?
(Note : In case of any of the above information provided by the bidder is found
later to be incorrect, the EOI/bid shall be summarily rejected at any point of
time)
Signature and Stamp of the Bidder
30
Annexure- A
List of Government Medical Hospital
Sr.no. List of Government Medical Hospital
1 Govt. Medical College and Hospital, Akola
2 Swami Ramanand Teerth Rural Hospital, Ambajogai
3 Govt. Medical College and Hospital, Aurangabad
4 Govt. Cancer Hospital, Aurngabad
5 Govt. Hospital, Dhule
6 Chhatrapati Pramila Raje Hospital, Kolhapur
7 Govt. Hospital, Latur
8 Govt. Hospital, Miraj
9 Sir J. J. Group of Hospitals, Mumbai
10 St. Georges Hospital, Mumbai
11 Gokuldas Tejpal Hospital, Mumbai
12 Pestanji Kama and Albles Hospital, Mumbai
13 Govt. Medical College and Hospital Nagpur
14 Indira Gandhi Govt. Medical College and Hospital, Nagpur
15 Dr. Babasaheb Ambedkar Hospital and Research Center, Nagpur
16 Shri Guru Govind Singhji Memorial Hospital, Nanded
17 Sasoon General Hospital, Pune
18 General Hospital, Sangli
19 Shri Shivaji Maharaj General Hospital, Sholapur 20 Shri. Vasantrao Naik Government Medical College and Hospital
Yavatmal
31