Final

`25,000+ vat @ 4%
KERALA MEDICAL SERVICES CORPORATION LTD

(A Government of Kerala Undertaking)
Thycaud P.O, Thiruvananthapuram, Kerala 695 014
TENDER DOCUMENT
FOR THE SUPPLY OF
DRUGS (CATEGORY I)
(for the period from
01-04-2011 to 31-03-2012)
Name of Tenderer Address Signature of Tenderer : : :
Last date and time for the receipt of Tender : Date of opening of technical bid :
11.00 AM: 28-01-2011 12.00 PM: 28-01-2011
NOT TRANSFERABLE
Ref : 009-I/DRG/KMSCL/2011-12 dt : 31-12-2010

For details;
www.kmscl.kerala.gov.in
Email: kmscltvm@gmail.com
TABLE OF CONTENTS
SL. No.
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.
DESCRIPTION Section I Section II 2.1 2.2 2.3 Section III 3.1 3.2 Section IV 4.2 Section V 5.1 5.2 5.3 5.4 Section VI 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 Introduction Scope and Description of Tender Definitions Scope Brief Description Tender Schedule Tender Details Important dates Details of Drugs Tendered Schedule of Requirements Specific Conditions of Contract Time Limits Prescribed Pre-qualification Conditions of the Tenders Price Preference Vendor Rating General Conditions of Contract Contents of the Tender Document Responsibility of verification of contents of tender document Tender Document Guidelines for preparation of Tender Earnest Money Deposit (EMD) Period of Validity of Tender Pre-tender Meeting Amendment of Tender Documents Tendering System Contents of the Technical Bid Cover A Content of Price Bid Cover B Method of Submission of Tender Deadline for Submission of Tender Modification and Withdrawal of Bids Opening of Tender Evaluation of Tender
PAGE No. 1 4 4 7 8 12 12 12 13 26 27 27 30 32 32 35 35 35 35 36 37 38 39 40 40 43 45 47 47 47 48 49
KMSCL : Tender for the supply of drugs (category I) for the year 2011-12
SL. No.
33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58.
DESCRIPTION 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 6.37 6.38 6.39 6.40 6.41 Annexure I Clarification of Bids Inspection of Production Facilities Acceptance / Rejection of Tenders Other Terms and Conditions Notices Award of Contract Notification of Award / Offer Letter Signing of Contract Performance Security Purchase Policy Supply Conditions Logograms Packing Quality Testing, Quality Control Deduction and Penalties Payment Provisions Deduction in Payments & Penalties Saving Clause Applicable Law & Jurisdiction of Courts Corrupt or Fraudulent Practices Force Majeure Resolution of Disputes General / Miscellaneous Clauses Procedure for Blacklisting Provisions for Appeal Termination of Contract Format of Bank Guarantee of Earnest Money Deposit Form or Certificate of Sales Tax Verification to be Produced by an Applicant from the Contract or other Patronage at the Disposal of the Govt of Kerala Declaration Declaration for Compliance of cGMP
PAGE No. 50 50 52 53 53 54 54 54 55 56 58 62 63 64 68 70 71 71 72 73 74 74 75 75 75 76 78
59.
Annexure II
60. 61.
Annexure III Enclosure to Annexure III
80 81
SL. No.
63. 64. 65. 66.
DESCRIPTION
62. Annexure IIIA Undertaking
PAGE No. 88 89 90 91 92 94 95
Annexure IV Annexure V Annexure VI Enclosure I to Annexure VI Enclosure II to Annexure VI Enclosure III to Annexure VI Annexure VII Annexure VIII Annexure IX Annexure X Annexure XI Annexure XII Appendix I Appendix II Appendix III Appendix IV
Proforma for Performance Statement Annual Turn Over Statement Declaration Design for Logogram Specimen Label for Outer Carton Bar Coding Details Details of Manufacturing Unit Check List Price Bid Agreement
67.
68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78.
Format of Bank Guarantee for Security Deposit Packing Specification G.O(P) No.1/2009/SPD dated 08.01.2009 Addresses of the warehouses of KMSCL List of drugs reserved for procurement from M/s KSDPL Vendor rating list
96 98 102 103 106 108 112 116 117 119
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. The procurement of drugs & supplies is undertaken on the basis of consolidated indents raised by the Director of Medical Education & Director of Health Services. Corporation has procured drugs & supplies worth ` 150.17 Crores in 2008-09, `147.29 Crores in 200910 and will be procuring drugs & supplies worth around ` 180 Crores for 2010-11. In order to accommodate the growing demands of new generation medicine, Corporation has revised the list of essential drugs and supplies for the procurement of 2011-12 in consultation with the user institutions. To make the tender process more efficient, precise and transparent in this tender, it has been decided to float separate tenders from this year for drugs, surgical sutures, medical devices, blood diagnostics kits and reagents, x-ray films & accessories, disinfectants & chemicals and consumables as the eligibility criteria for all these categories are varying widely. Of course, this mammoth task could be achieved only with the active participation and support of the manufacturers and suppliers. In this tender, the lowest price is not the sole criteria for selecting the supplier/product. The two bid system, followed in the tender has been designed to make the tender process more scientific and transparent and to eliminate those suppliers/products which do not match the eligibility criteria, product specifications and production process. It may be noted that the inspections of the factory facilities of all those firms qualifying in the technical bids, whose facilities has not been inspected during the past three years, will be conducted by a team of experts in GMP norms, constituted by the Government. The main
1.2.
1.3.
1.4.
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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. 1.5. In order to assure the quality of the drugs supplied by the firms during the course of the tender period, multiple samples of the same batch will be forwarded to different empanelled laboratories. Instead of the present system of picking up samples from the lot of drug received in the first Warehouse, samples of the same batch from the subsequently received lots will also be collected, pooled and a representative portion will be forwarded to a second or third lab for testing, depending on the quantity and date of receipt of the lots. Quality Assurance wing will be started in the Corporation, for the implementation of a system of double coding of samples for evaluation. Samples will first be assigned a secret code number after hiding the identity of the manufacturer and the batch number as done earlier in the Quality Control wing. The coded sample will then be transferred to the QA section from where it will be forwarded to any one of the empanelled laboratories with a fresh code number. Manual of standards set for testing each drug in the Essential Drug List is available in the Website of the Corporation. Tests/analysis will be carried out as per the Manual. Apart from the tests mentioned in the official monographs additional tests like friability and hardness of the tablets, leak test for primary packing of the products etc will be conducted for ensuring the quality of the item during transportation and storage. Amendments in the terms and conditions of the tender documents may be resorted to on the basis of expert advice to see that only quality products qualify for the final round of selection. Since the drugs 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 drugs are procured and supplied. The tender documents are prepared after assessing the market and the practices followed by other state and Central governments to meet such objectives. The procurement, thus consists of three major process such as Technical Bid Evaluation, Factory Inspection and Price Bid Evaluation. The endeavor of the Corporation will be to include as many tenderers as possible by giving them the maximum
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1.6.
1.7.
permissible time for them to rectify their defects in submission of documents so as to obtain maximum competitive offers in the final stage of price bid evaluation. 1.8. Every paisa spend by the Corporation is public money and hence accountable. Therefore, qualities of the items throughout its shelf life period and timely supply without default are being given paramount importance. Corporation will be dealing with defaulters in these fronts with a firm hand, which may lead to black listing/debarring and recovery of damages. We request our valuable suppliers to avoid such unpleasant situations. Utmost transparency has to be maintained in the procurements of the corporation made with the public money. All decisions will be published from time to time on our website www.kmscl.kerala.gov.in. The Corporation will not wait for the mandatory 30 days period to provide any information under Right to Information Act and will provide the information within the minimum possible time. The Corporation will uphold the fundamental right to be heard enshrined under the Constitution of India and will take harsh decisions only after providing opportunity for hearing/submission of facts. Tenderers could prefer appeal to the Government against all decisions of the Corporation. Looking forward for a long standing relation with you. Best Wishes,
1.9.
31.12.2010.
Sd/BIJU PRABHAKAR IAS Managing Director, KMSCL & Tender Inviting Authority
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SECTION II
SCOPE AND DESCRIPTION OF TENDER

2.1
2.1.1
General Definitions 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 is the Managing Director of the KMSCL,

who on behalf of the User Institution/Government or the funding agencies invites and finalize tenders and ensure supply of the drugs 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 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 change in the unit price and other terms & conditions quoted by the tenderer.
2.1.5
User Institutions - are the departments, health care institutions, Local

self Government Institutions etc under the Government of Kerala 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 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 tenderers will be prevented from
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participating in the future tenders of Tender Inviting Authority for a period of 1 to 5 years, the period being decided on the basis of number of violations in the tender conditions and the loss/hardship caused to the Tender Inviting Authority/ on account of such violations. 2.1.8 2.1.9
Drug - means and includes, for the purpose of this tender, all the
items mentioned in Section-IV of this tender document.
Factory Inspection - means the process of inspecting the premises,

manufacturing equipments, personnel, product and marketing documentation, in-house quality control, in-house 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. Photographs of the key manufacturing areas taken during the inspection will be published in the official website of the corporation.
2.1.10
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. This will be minuted on the spot. However, if balance documents/ clarifications are not submitted within the specified deadline, the bid will be rejected.
2.1.11
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 prequalification 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.
2.1.12 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. 2.1.13
Matched L1 rate - means the rates of the tenderer or tenderers who

have consented, in writing, to match the L1 rate for the particular
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Drugs and agreed to abide by the terms and conditions of tender documents. 2.1.14
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.
2.1.15
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 and recovered from any amount due and payable to the supplier.
2.1.16
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 designated destination mentioned in the Schedule accompanying the purchase order.
2.1.17
Schedule - means the schedule annexed to the Purchase Order

issued by the Tender Inviting Authority, consisting of the quantity of Drugs required, cost of unit of Drugs, generic name and code of the Drugs, destination, etc.
2.1.18
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.
2.1.19
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.
2.1.20
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.
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2.1.21
Dual coding - The process of coding, adapted by the Tender Inviting

Authority for the samples drawn for analysis. Each sample received from the warehouses are coded at the quality control wing by defacing all the identification details like name &address of the manufacturer, batch no etc and handed over to the quality assurance wing after assigning a code number. The QA wing will assign another code to this sample, after hiding the code of the QC wing, which will then be sent to an empanelled lab selected in random by the EDP system, identifiable only by the QA head.
2.1.22 Empanelled laboratory - Drug testing laboratories situated throughout the country approved by the concerned directors of drugs control, 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. 2.1.23
Appellate Laboratory - Government Drugs Testing Laboratory

Thiruvananthapuram will be the Appellate Laboratory of the tender inviting authority. Drugs when reported as Not of Standard Quality by two empanelled laboratories will be retested at the appellate laboratory for confirmatory analysis. In case of a challenge regarding a test result where the parameters declared to be non complying or are not consistent in the analytical reports of different laboratories, the decision of Government Drugs Testing Laboratory Thiruvananthapuram will be confirmatory after reanalysis. The report of the appellate laboratory will be final and conclusive.
2.2
2.2.1
Scope
The tender is invited for the supply of the drugs, 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 be one stop point for all institutions for obtaining quality drugs 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 tenderers are supplying the drugs 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.
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2.2.2
Rate Contract: This tender is also a Rate Contract. The tenderers are expected to quote their best rates for the drugs, the specifications, quantity are mentioned in Section IV of this tender document. The bid (rate contract) will be valid for a period of 120 days from the date of opening of Cover B (Price Bid) and prior to the expiration of the bid validity the Tender Inviting Authority may request the tenderer to extend the bid validity for another period of 30 days. The tenderer may refuse extension of bid validity without forfeiting the Earnest Money deposit. The rate contractors can withdraw at any point of time, after the minimum price firmness period of 120 days, but not after accepting the offer letter or entering into agreement with KMSCL.
2.2.3
2.3
2.3.1
Brief Description:
A two bid system consisting of technical bid and price bid - is adopted in the invitation of tenders. Those tenderers who are eligible as per prequalification criteria and who had submitted the requisite information as needed in the technical bid document and qualifying in the inspection of the production facilities under this tender to the satisfaction of the Tender Inviting Authority will only be eligible for opening of price bids. (The standard inspection report format for the inspection of the manufacturing facilities is available in the website) 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 III on 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 the advertisement 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 delay. Alternatively, the tender document can be downloaded from the KMSCL website www.kmscl.kerala.gov.in PROVIDED a demand draft/ bankers cheque for `.25,000+ vat @ 4% 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 will be rejected summarily. After the opening of the price bid, the cost of the tender document will be calculated on the basis of the Government order, G.O.(P) No. 1/2009/SPD dated 08-01-2009 (Appendix-I)and the excess amount remitted will be refunded, if
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2.3.2.
2.3.3.
needed. The refund will not be applicable to those tenderers whose technical bids are 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. 009- I/DRG/KMSCL/2011-12 DATED 30-12-2010 FOR THE SUPPLY OF DRUGS (CATEGORYI) or PRICE BID COVER B - TENDER NO. 009-I/DRG/KMSCL/ 2011-12 DATED 30-12-2010 FOR THE SUPPLY OF DRUGS (CATEGORYI) 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. 009-I/DRG/
KMSCL/2011-12 DATED (CATEGORYI). 30-12-2010 FOR SUPPLY OF DRUGS
2.3.5.
All tenders 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, IF NOT EXEMPTED shall be equal to 1% of the total aggregate value of items tendered for, subject to a minimum of `.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 4 months from the date of submission of tender. State Micro, Small and Medium Enterprises registered with Government of Kerala are exempted from remittance of Earnest Money Deposit, provided valid registration certificate from the competent authority is submitted Those firms which have failed in the previous inspection conducted by KMSCL during the years 2008-09,2009-10 and 2010-11will be required to remit `.1,00,000 extra as inspection fee for covering the travel and accommodation expenses of the inspection team. A pre-tender meeting will be convened to clarify the doubts of the prospective tenders. The corporation may or may not amend the terms and conditions as well as technical specifications of the tender document after the pre-tender meeting on the basis of feedback obtained during such meeting with a view to obtain maximum number of competitive bids. Also At any time prior to the date of submission 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 prospective tenderers who have received the tender document will be notified of the amendment and that will be binding on them. In order to provide reasonable time to take the amendment
2.3.6.
2.3.7
2.3.8.
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into account in preparing their bid, Tender Inviting Authority may, at his discretion, extend the date and time for submission of tenders. 2.3.9. There will not be any individual communication in respect of general notices, amendments, etc. The prospective offers 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 Authoritys website and such contents of the notices will be binding on the tenderers.
2.3.10. Tenders will be opened in the presence of tenderers / 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: kmscltvm@gmail.com 2.3.12. The date of opening of technical bid is only published in advance. The date of opening of price bid will be decided after inspection / obtaining clarification(s), if any, from those who qualify in the technical bid and shall be informed to the qualified tenderers from time to time. 2.3.13. Minor infirmities in the submission of documents will be allowed to be rectified so as to ensure qualification of maximum number of competitive offers to the final round. 2.3.14. A preliminary examination of the technical bids will be conducted on the dates of opening of the technical bids. All the tenderers will be permitted to rectify the minor infirmities noted / submit the additional documents / clarifications called for. The Price bids of the short-listed technically qualified tenderer(s) will be opened only after the inspection of the factory facilities of those tenderers whose premises were not inspected by KMSCL during the past three years. The
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short-listing of the tenderer(s) will be carried out on the basis of the technical evaluation and inspection. The evaluation of the tender, clarification of bids, inspection of production facilities, acceptance/rejection of tenders etc will be strictly as per the conditions in section VI of this tender document. 2.3.15. Failure to supply quality drugs as per the prevailing official standards, defaulted supply, supply of drugs in violation of the tender conditions will lead to blacklisting/debarring of the tenderers, but after issuing due notice and provide opportunity for being heard. 2.3.16. The decision to impose penalties and finally to black list the defaulting firm will be final and shall be binding on all tenderers participating in this tender. However there will be provision for appeal before the Government against the decisions of the Tender Inviting Authority. 2.3.17. Interested eligible tenderers may obtain further information from the head office of the Tender Inviting Authority.
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SECTION III
TENDER SCHEDULE
3.1.
1. 2.
Tender Details
Tender No. Cost of tender Document Earnest Money Deposit Validity of EMD Security Deposit Validity of Performance Security Inspection fee
009-I/DRG/KMSCL/2011-12 `. 25,000+ vat @ 4% (as per G.O(P) No. 1/2009/SPD dated 0801-2009)(refer clause 2.3.3 & 6.10.1.2)
3. 4. 5. 6. 7.
Equal to 1% of the total aggregate value of items tendered for, subject to a minimum of `.30,000/30th April ,2011 10% of the total value(including taxes)of the awarded products 15 months from the date of execution of agreement
`.1,00,000 /-
(those firms which have failed to qualif y in the previous factory inspection conduct ed by KMSCL)
3.2.
Sl. No.
Important dates
Particulars Date and time Venue
1 2. 3. 4. 5.
Date and time of commencement of sale of tender document Date and time of Pretender meeting Last date and time of sale of tender document Last date and time of receipt of tender Date and time of opening of the Technical bid Date of opening of the price bid
01-01-2011 (during office hours) 11-01-2011. 11AM 27-01-2011. 5PM 28-01-2011.11AM 28-01-2011.12AM To be informed to the qualified tenderers qualifying in the technical bid and inspection of production facilities
Head Office, KMSCL.
6.
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SECTION IV
DETAILS OF DRUGS TENDERED

4.1 List of Drugs Tendered
SL NO 1 2 3 4 5 DRUG CODE DRUG NAME STRENGTH UNIT APPROX. PACKING PER TENDER CARTON QUANTITY SPECIFICATION 10,51,880 30,53,600 2,94,826 19,69,230 1,00,994 100X10X10 100X60ml 100X10X10 40X50X3ml 100X10X10
D01002* PARACETAMOL TAB I.P. D01003* PARACETAMOL SYRUP IP D01004* DICLOFENAC SODIUM TAB I.P. DICLOFENAC SODIUM INJ D01005* AMP.IP D01006 IBUPROFEN TAB I.P. (FILM COATED) PETHIDINE HYDROCHLORIDE INJ I.P PENTAZOCINE LACTATE INJ. I.P.
500 mg. 125mg/5ml 50 mg. 25 mg/ml 200mg
10X10 60ml bot. 10X10 3 ml amp 10X10 2 ml AMP 1ml Amp. 2ml Amp. 1 ml Amp 10X10 10X10 10X10 10X10 10X10 10 X 10 10X10 10 X 10 Tube 1 No 1 No 2 ml Amp 1 ml amp 10 x 10
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
D01007 D01008
50 mg/ml 30 mg/ml 150mg/2ml 50MG/ML 100MG 100 MG 500 MG 500 MG 400 mg 5mg 300 mg. 100mg 30gm 50mg 125mg 50mg/ml 15 mg 10 mg
60,498 2,07,351 42,44,040 9,35,177 20,678 2,689 44,611 1,787 78,104 46,586 5,649 90,811 11,02,472 60,117 1,09,187 33,244 75,722 9,995
-40X50X1ml 40X50X2ml 40X50X1ml 100X10X10 100X10X10
D01009* PARACETAMOL INJ. D01011* D01012 D01013 D01014 D01015 D01016 D01017 TRAMADOL INJ. TRAMADOL TAB ALLOPURINOL TAB I.P. MEFENAMIC ACID TAB SULFASALAZINE TAB BP IBUPROFEN TAB I.P. (FILM COATED) TAB. SERATIOPEPTIDASE
200X10X10 100X10X10 100X10X10 100X10X10 25 Nos 10 Nos 10 Nos 25 Nos 25 Nos 100X10X10
D01018 ACETYLSALICYLIC ACID TAB IP D01019 TAB. ACECOFENAC D01020* DICLOFENAC GEL D01021 D01022 D01023 D01024 D01025 DICLOFENAC SUPPOSITORY PARACETAMOL SUPPOSITORY INJ. FENTANYL CITRATE INJ. KETEROLAC TAB. KETEROLAC
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24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53
D02001
CO-TRIMOXAZOLE TAB IP
160MG+ 800MG 40Mg+ 200mg 125 mg 250 mg 500 mg 250 mg 250 mg 500 mg 10 lakhs units 250mg 500 mg 2 mg/ml 80 mg/2ml 100 mg 250 mg 400 mg 200 mg 2 mg/ml 250 mg 750 mg 250MG/ ML 125 mg/5ml 200 mg 400 mg 5 mg/ml 1gm 500MG 500MG 250 MG 500 MG
10X10 50 ml Susp. 10X10 10X10 10X10 10x10 10X10 Vial Vial Vial 10X10 100ml IV IM/IV VIAL 10X10 10X10 10 X10 10X10 100ml bot Vial Vial Vial 2ml 30 ml Bot 10X10 10X10 100ml bot Vial VIAL IM/IV VIAL 10 x10 10 x10
23,718 5,42,195 1,39,851 4,10,897 2,17,191 1,07,293 1,38,548 42,52,595 35,43,275 12,84,495 74,936 9,93,926 27,26,570 66,996 45,955 24,143 21,880 1,51,990 1,44,790 5,16,005 8,45,640 10,96,718 13,458 30,216 18,40,724 46,34,595 35,312 1,55,220 26,206 23,095
100X10X10 100X50ml 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 20X25 vial 20X25 vial 20X25 vial 100X10X10 50X100ml 40X50X2ml 100X10X10 100X10X10 100X10X10 100X10X10 50X100ml 20X25 vial 20X25 vial 20X25 vial 100X30ml 100X10X10 100X10X10 50X100ml 20X25 vial 20X25 vial 20X25 vial 100X10X10 100X10X10
COTRIMOXAZOLE ORAL D02002* SUSP.I.P. D02003 D02004 D02005 D02006 AMOXYCILLIN DISPERSIBLE TAB IP AMOXYCILLIN CAPSULES IP AMOXYCILLIN CAPSULES IP CLOXACILLIN CAPSULES I.P
D02007 AMPICILLIN CAPSULES I.P. D02008* AMPICILLIN INJ. I.P. D02009* BENZYL PENCILLIN INJ. I.P. D02010* CEFOTAXIME SODIUM INJ. I.P. D02011 CIPROFLOXACIN TAB I.P. D02012* CIPROFLOXACIN INJ. I.P. D02013* GENTAMICIN INJ. I.P. D02014 DOXYCYCLINE CAP I.P. D02015 D02016 D02017 ERYTHROMYCIN STEARATE TAB I.P. NORFLOXACIN TAB I.P. OFLOXACIN TAB
D02018 OFLOXACIN INJ. D02019 CEFUROXIME INJ. IP D02020* CEFUROXIME INJ.IP D02021* AMIKACIN SULPHATE INJ IP CEPHALEXIN ORAL D02022* SUSPENSION (DRY) IP D02023 METRONIDAZOLE TAB IP D02024 METRONIDAZOLE TAB IP D02025* METRONIDAZOLE INJ IP. D02026* CEFOTAXIME INJ IP D02027 D02029 D02030 D02031 VANCOMYCIN HYDROCHLOIDE INJ CLOXACILLIN INJ I.P AZITHROMYCIN TAB AZITHROMYCIN TAB
Page | 14
54 55 56
D02032* AMOXYCILLIN DRY SYRUP D02034* INJ. CEFTRIAXONE D02035 TAB. CEFADROXYL TAB. AMOXICILLIN 500 MG + CLAVULANIC ACID 125 MG INJ. CEFOPERAZONE 500 MG + SALBACTUM 500 MG INJ. CEFTRIAXONE 1GM + SALBACTUM 0.5 GM INJ. PIPERACILLINE 4GM + TAZOBACTUM 500 MG TAB. COTRIMOXAZOLE CAP. AMPICILLIN INJ. CEFTRIAXONE WITH SULBACTAM TAB AMOXYCILLIN DISPERSIBLE INJ.CEFTAZIDIME INJ. AMOXYCILLIN WITH CLAVULANIC ACID
125 MG/5ML 1gm 500mg
60 ML BOTTLE Vial 10 X 10
12,70,085 5,35,080 27,356
50X60ml bottle 50X60ml bottle 100X10X10
57
D02036
625mg
10 X 10
34,649
100X10X10
58 59 60 61 62 63 64 65 66 67 68 69 70
D02037 D02038 D02039 D02040 D02041 D02042 D02044 D02045 D02046
1gm 1.5gm 4.5gm 80mg + 400mg 500mg 1gm+0.5 gm 250 mg 500 mg 250mg + 50 mg 50.6 mg+ 169.4 mg 23 mg+ 77 mg 25mg/ml 4 mg 2mg Salbutamol / 5 ml
Vial Vial Vial 10 x 10 10 x10 Vial 10 x 10 Vial Vial 2 ml Amp. 10 X 10 10ml Amp 10X10
82,635 1,32,415 72,185 27,862 75,203 1,55,920 1,43,789 71,635 94,260 36,87,640 7,41,480 86,157 1,10,924
20X25 vial 20X25 vial -100X10X10 100X10X10 25 Nos 100X10X10 --40X50X2ml 200X10X10 20X25X10ml 200X10X10
THEOPHYLLINE AND D03001* ETOPHYLLINE INJ. THEOPHYLLINE AND D03002* ETOPHYLLINE TAB D03003 D03004 AMINOPHYLLINE INJ I.P. SALBUTAMOL SULPHATE TAB. I.P.
71
D03005* SALBUTAMOL SYRUP IP SALBUTAMOL NEBULISER SOLUTION BP TERBUTALINE INJ I.P EXPECTORANT MIXTURE CONCENTRATED* KETAMINE INJ I.P. LIGNOCAINE HCL GEL I.P. LIGNOCAINE HCL INJ. I.P.
100 ml
11,89,175
50X100ml 10X10X10ml bottle 40X25X1ml -20X25X10ml 10X10X30gm 20X10X30ml
72 73 74 75 76 77
D03006 D03007 D03009 D04001 D04003 D04004
5mg/ml. 0.5 MG/ML NULL 50 mg/ml 2% 2% w/v
10ml. 1ml AMP 500 ml Bottle 10 ml Vial Tube 30 gm. 30 ml Vial
4,43,158 54,806 2,72,932 8,497 68,180 1,18,374
Page | 15
78 79 80 81 82 83 84
D04005 D04007 D04008 D04009 D04010 D04011 D04012
LIGNOCAINE HCL INJ 5% (HEAVY) I.P. ATROPINE INJ. I.P. NEOSTIGMINE METHYL SULPHATE INJ I.P. PANCURONIUM BROMIDE INJ. B.P. PROPOFOL INJ.BP PROPOFOL INJ.BP SODIUM BICARBONATE INJ. STERILE SUCCINYL CHOLINE CHLORIDE INJ. I.P. THIOPENTONE SODIUM INJ I.P. BUPIVACAINE IN DEXTROSE INJ INJ.LIGNOCAINE 2% WITH ADRENALINE INJ.GLYCOPYRROLATE VECURONIUM BROMIDE INJ VECURONIUM BROMIDE INJ ISOFLURANE INJ.ATRACURIUM BESILATE
5% 0.6mg/ml 0.5 mg/ml 2mg/ml 1% W/V 1% w/v 7.5% w/v
2 ML AMP 1 ml Amp 1 ml Amp 2ml Amp. 20ml Amp 50ml Vial 10ml Amp 10ml Vial Vial 4 ml Amp 30 ML 1ML AMP VIAL VIAL Bottle 2.5ml amp 2 ml Vial
7,404 3,02,981 61,612 3,070 22,374 11,325 1,05,066
20X10X30ml 40X25X1ml ----25X10X10ml
85 86 87 88 89 90 91 92 93 94
D04013 D04014 D04017 D04018 D04019 D04020 D04021 D04022 D04023
50 mg/ml 0.5 Gram 0.50% 1:200000 0.2MG/ML 4MG 10 MG 100ml 10mg/ml 4 mg/ml
11,370 21,185 41,130 53,301 53,145 33,445 8,525 4,350 16,015 26,98,908
---20X10X30ml -----40X50X2ml
D05001* DEXAMETHASONE SODIUM I.P. HYDROCORTISONE SODIUM D05002* SUCCINATE INJ.IP D05003 DEXAMETHASONE TAB IP
95 96 97 98 99 100
100 mg 0.5 mg 4MG/ML 1mg/ml 2 mg 25 mg 10 mg/ml
Vial 10X10 1ml AMP 1 ml Amp 10X10 10X10 1 ml Amp
5,92,491 58,818 6,35,035 1,85,701 3,85,969 1,98,110 6,30,415
40X25 100X10X10 40X25X1ml 40X25X1ml 200X10X10 200X10X10 40X50X1ml
BETAMETHASONE SODIUM INJ D05004* IP D05005 D05006 D05007 ADRENALINE BITARTRATE INJ. I.P. CHLORPHENIRAMINE MALEATE TAB IP PHENIRAMINE MALEATE TAB
CHLORPHENIRAMINE 101 D05008* MALEATE INJ.IP
Page | 16
102 D05009* PROMETHAZINE INJ. I.P. 103 D05010 CETIRIZINE TAB 104 D05011 PREDNISOLONE TAB IP
25 mg/ml 10 mg 10 mg
2ml Amp 10X10 10x10
6,71,530 1,25,669 82,805
40X50X1ml 200X10X10 200X10X10
105
D05012
METHYL PREDNISOLONE SODIUM SUCCINATE INJ I.P.
500 mg
VIAL
46,169
--
106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128
D05013 D05015 D05016 D06001 D06002 D06003 D06004 D06007 D06009 D06010 D07001 D07002 D07003 D07004 D07005 D07006 D07007 D07008 D07009 D07010 D07011 D08001 D08003
METHYL PREDNISOLONE SODIUM SUCCINATE INJ I.P. TAB.PROMETHAZINE TAB.FLUNARIZINE ATROPINE SULPHATE INJ. ACTIVATED CHARCOAL POWDER IP NALOXONE INJ BP PRALIDOXIME INJ I.P. N-ACETYL CYSTEINE INJ BP DIMERCAPROL INJ IP SODIUM CALCIUM EDETATE INJ BP PHENOBARBITONE TAB I.P. PHENOBARBITONE TAB I.P. PHENOBARBITONE SODIUM INJ IP PHENYTOIN SODIUM TAB IP CARBAMAZEPINE TAB IP SODIUM VALPROATE TAB I.P. DIAZEPAM INJ. I.P. PHENYTOIN SODIUM INJ. IP CLOBAZAM TAB SODIUM VALPORATE TAB IP INJ.MIDAZOLAM ALBENDAZOLE TAB DIETHYL CARBAMAZINE TAB IP
40 MG/ML 10 mg 5 Mg 0.6mg/ml 50GM 400 mcg/ml 1 Gram 200 mg/ml 50mg/ml 200mg/ml 30 mg 60 mg 200mg/ml 100 mg 200 mg 200 mg 5 mg/ml 50 mg/ml 5 mg 500MG 1 mg/ml 400 mg 100 mg
1 ml Amp 10 x 10 10 x 10 100ml Packet 1 ml Amp Vial 2 ml Amp 2 ml Amp 5ml Amp 10X10 10X10 1 ml Amp 10X10 10X10 10X10 2ml Amp. 2 ml Amp 10X10 10X10 5 ml Vial 3X1 10 X10
5,117 6,708 7,059 26,250 2,260 1,215 1,113 5,382 12 15 18,428 12,373 6,174 29,066 30,126 40,458 65,969 1,70,865 6,372 43,079 40,863 2,97,691 17,875
---50X100ml ------200X10X10 200X10X10 -200X10X10 100X10X10 100X10X10 40X50X2ml 40X50X2ml 100X10X10 100X10X10 -50X50X3 100X10X10
Page | 17
129 D08007* CLOTRIMAZOLE CREAM I.P. 130 131 132 133 134 135 136 137 138 139 140 D08008 D08009 D08010 D08013 D08014 D08015 D08017 D09001 D09002 D09003 D11001 CLOTRIMAZOLE VAGINAL TAB IP CHLOROQUINE PHOSPHATE I.P. TAB QUININE INJ ARTEMETHER INJ TAB.FLUCONAZOLE ALBENDAZOLE SUSPENSION PYRANTEL PAMOATE SUSP ACYCLOVIR INJ IP ACYCLOVIR TAB IP ACYCLOVIR CREAM BP TRIHEXYPHENIDYL TAB IP CARBIDOPA 10MG+LEVIDOPA 100MG TAB IP DONEPEZIL TAB MEMANTINE TAB CYANOCOBALAMIN INJ IP FOLIC ACID TAB IP HEPARIN SODIUM INJ.IP LOW MOLECULAR WT HEPARIN INJ. PHYTOMENADIONE (VITAMIN K1) HYDROXYETHYL STARCH IV INFUSION DEXTRAN 40 WITH SODIUM CHLORIDE 0.9% IP GELATIN POLYMER ELECTROLYTE INJ (0.63 G NITROGEN) FAT EMULSION IV PROTAMINE SULPHATE INJ IP TAB TRANEXAMIC ACID INJ.TRANEXAMIC ACID INJ.MENADIONE
2% w/w 200 mg 250 mg 300 mg/ml 80 mg/ml 150 MG 200 mg/5ml 250 mg/5 ml 250 mg 200 mg 5% w/w 2MG 10MG/ 100MG 5 mg 5 mg
5gm Tube 3 Tab 10X10 2 ml Amp 1 ml Amp 10 X10 10 ml Bottle 5 ml Vial 10X10 5gm Tube 10X10
19,86,615 1,35,497 7,472 645 1,065 19,395 2,81,595 1,02,545 40,662 30,246 38,465 56,890
25X10X5gm 10X10X3 -------100X10X10 -200X10X10
141 142 143 144 145 146 147 148 149
D11002 D11003 D11004 D12001 D12002 D12003 D12004 D12005 D12006
10X10 10 X10 10 X10
1,839 403 132 37,863 42,359 1,54,337 62,520 57,628 22,419
---40X50X2ml 200X10X10 20X50X5ml -40X50X1ml 24X500ml
2ML 100MCG/ml AMP 5 mg 10X10 5000 I U/ml 5 ml Vial 20MG/0.2ml 10 mg/ml 6% 500 ml Infusion VIAL 1 ml Amp 500 ml
150
D12007
Bottle
8,291
--
151 152 153 154 155 156
D12008 D12009 D12012 D12014 D12015 D12016
500 ml 30% 10 mg/ml 500 mg 500mg/5ml 5mg/ml
Bottle 300 ml 5 ml Amp 10 x10 5ml amp 1 ml Amp
941 3,393 4,835 9,412 16,187 5,655
-------
Page | 18
157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188
D13001 D13002 D13003 D13004 D13005 D13006 D13007 D13008 D13009 D13011 D13012 D13013 D13014 D13015 D13016 D13017 D13019 D13020 D13021 D13023 D13024 D13025 D13028 D13029 D13030 D13031 D13032 D13033 D13034 D14001 D14005 D14007
ISOSORBIDE DINITRATE TAB I.P. ISOSORBIDE DINITRATE TAB I.P. ISOSORBIDE 5 MONONITRATE TAB DILTIAZEM TAB I.P. NIFEDIPINE TAB IP NIFEDIPINE SOFT GELATIN CAP VERAPAMIL TAB I.P. ATENOLOL TAB ENALAPRIL MALEATE TAB LOSARTAN POTASSIUM AMLODIPINE TAB ATORVASTATIN DIGOXIN TAB IP DIGOXIN INJ IP DOPAMINE HCL USP INJ. DOBUTAMINE HCL INJ. METOPROLOL INJ BP METOPROLOL TAB IP NICOTINIC ACID TAB I.P. CLOPIDOGREL TAB ACETYLSALICYLIC ACID TAB IP SODIUM NITROPRUSSIDE INJ. NITROGLYCERIN INJ PROPRANOLOL TAB PROPRANOLOL TAB AMLODIPINE TAB ENALAPRIL MALEATE TAB METOPROLOL TAB IP TAB.NIFEDIPINE RETARD SILVER SULFADIAZINE CREAM IP WHITFIELD OINTMENT IP GLYCERINE MAGSULF B.P.C.
5 mg 10 mg 20mg 30 mg 10 mg 5 mg 40 MG 50 mg 2.5 mg 25 mg 2.5 mg 10 mg 0.25 mg 0.5mg/2 ml 40 mg/ml 50 mg/ml 5 MG/ML 25MG 100MG 75 MG 75MG 50MG 25 MG/5ML 20 MG 40 MG 5 mg 5 MG 50 MG 20 mg 1% w/w 15 gm NULL 5%w/w
10X10 10X10 10X10 10X10 10X10 10X10 10x10 10X14 10X10 10X10 10X10 10X10 10X10 2 ml 5 ml 5 ml Amp I ML AMP 10X10 10x10 10X10 10X14 Vial AMP 10 X10 10 X10 10 X10 10 X10 10 X10 10 x 10 100gm Tube 500 Gram Bottle 25gm TUBE
43,860 80,792 5,063 3,814 58,218 16,066 1,608 1,06,657 69,142 58,214 90,186 1,16,899 5,185 1,189 46,464 11,106 1,786 24,560 2,924 57,619 50,517 882 7,571 4,223 4,887 1,01,197 63,433 19,095 50,645 1,05,305 4,04,187 48,111 5,54,823
100X10X10 100X10X10 --100X10X10 100X10X10 -200X14X10 200X10X10 200X10X10 200X10X10 200X10X10 --40X25X5ml 40X25X5ml 40X25X1ml 100X10X10 -100X10X10 100X10X10 ----200X10X10 200X10X10 100X10X10 -20X10X100gm 25X10X15gm 30X500gm 25X10X25gm
POVIDONE IODINE OINTMENT 189 D14008* IP
Page | 19
BETAMETHASONE VALERATE 190 D14009* CREAM IP 191 192 193 194 195 196 197 198 199 200 D14010 D14011 D14015 D14016 D14017 D14022 D14023 D14024 D14025 D14026 GAMABENZENEHEXA CHLORIDE SOLUTION POVIDONE IODINE IP 5% W/V WHITE SOFT PARAFFIN IP PURIFIED TALC GENTIAN VIOLET PAINT BPC CHLORHEXIDINE MOUTH WASH SISOMICIN CREAM LIQUID PARAFFIN I.P SALICYLIC ACID OINTMENT BENZYL BENZOATE APPLICATION I.P
1%w/w 1%w/v 500ml 1 KG 500 Gm 500 ML null 0.1 % w/w 100 ml bottle 10 % w/w, 25% w/v, 100 ml 100 ml 500gm 0.3%w/v 0.3% W/V 0.5%w/v 1%w/v 0.1%w/v 10ML 0.1% w/v 0.65 %w/v 0.5% w/v 0.3% v/v 5 IU/ml 200mcg/ ml
5 gm Tube 100ml Bottle Bottle JAR Packet Bottle 60ml bottle 20 gm tube CAN 20gm tube 100 ml bottle bottle bottle bottle 5ml/Bot 5 gm Tube 5ml/Bot 5ml/Bot 5ml/Bot Bottle 10 ml Bottle 15ml Bot 5 ml 5 ml bottle 1ml Amp 1ml Amp
6,20,426 52,123 2,24,536 9,241 2,807 8,507 81,791 1,03,319 1,62,943 1,29,765 38,071 29,16,130 5,38,124 8,096 11,46,935 2,28,814 22,287 7,472 91,005 81,160 5,22,675 14,70,235 1,58,922 1,50,670 5,79,920 1,37,755
25X10X5gm 50X100ml 20X500ml --30X500ml -25 Nos ------20X10X5ml 20X10X5gm --20X10X5ml 14X25X10ml 12X50X10ml 60X50X15ml --40X25X1ml 12X50X1ml
201 D14027* TURPENTINE LINIMENT I.P 202 D14028* CALAMINE LOTION I.P 203 D14029 GLYCERINE I.P CIPROFLOXACIN EYE/EAR 204 D15002* DROPS 205 206 207 208 209 D15003 D15005 D15006 D15007 D15008 CIPROFLOXACIN EYE OINTMENT TIMOLOL MALEATE EYE DROPS IP TROPICAMIDE EYE DROPS IP BETAMETHASONE EYE DROPS IP SODIUM BICARBONATE EAR DROPS BPC
XYLOMETAZOLINE NASAL 210 D15009* DROPS I.P. 211 D15011* SALINE NASAL DROPS 212 213 D15012 D15013 FRAMYCETIN EYE/EAR DROPS TOBRAMYCIN EYE DROPS
214 D16001* OXYTOCIN INJ. I.P. 215 D16004 METHYLERGOMETRIN MALEATE INJ.IP
Page | 20
216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252
D16006 D16007 D16009 D17001 D17002 D17003 D17004 D17005 D17006 D17007 D17008 D17009 D17010 D17012 D17013 D17014 D17015 D17016 D17017 D17019 D17020 D17021 D17022 D17023 D17024 D17025 D17026 D17027 D17028 D17029 D17030 D17031 D17032 D17033 D17034 D17035 D17036
POVIDONE IODINE VAGINAL PESSARIES MAGNESIUM SULPHATE INJ. BP CLOMIPHENE CITRATE TAB DIAZEPAM TAB IP CHLORPROMAZINE TAB I.P. CHLORPROMAZINE TAB I.P. IMIPRAMINE TAB I.P. AMITRIPTYLINE TAB I.P. NITRAZEPAM TAB I.P. ALPRAZOLAM TAB FLUOXETINE CAP. CHLORDIAZEPOXIDE TAB IP HALOPERIDOL TAB IP HALOPERIDOL INJ IP FLUFENAZINE DECONATE INJ IP CLOZAPINE TAB CLOZAPINE TAB OLANZEPINE TAB RISPERIDONE TAB SERTRALINE TAB OLANZAPINE TAB TAB.QUETIAPINE TAB.QUETIAPINE TAB.ARIPIPRAZOLE TAB.ARIPIPRAZOLE LITHIUM CARBONATE TAB IP LITHIUM CARBONATE TAB IP TAB.DOTHEIPIN TAB.DOTHEIPIN ESCITALOPRAM TAB TAB.MIRTAZEPIN TAB.VENLAFAXINE TAB.VENLAFAXINE TAB.LORAZEPAM INJ.LORAZEPAM CINNARIZINE TAB CAP.FLUOXETINE
200 mg 500mg/ml 50MG 5mg 50mg 100MG 25mg 25mg 5mg 0.5mg 10mg 10 MG 5 mg 5MG/ML 25MG/ 1ML 25MG 100mg 10 mg 2 mg 50 mg 5 MG 25 mg 50 mg 10 mg 15 mg 300 MG 400 MG SR 25 mg 75 mg 10 mg 15 mg 37.5 mg 75 mg 2MG 2 MG 25 mg 20 mg
10 2ml Amp 10X10 10x10 10x10 10X10 10x10 10x10 10x10 10x10 10x10 10x10 10x10 1ml AMP 1ML Amp 10X10 10X10 10X10 10X10 10x10 10 X10 10 X10 10 X10 10 X10 10 X10 10 X10 10 X10 10 X10 10 X10 10 X10 10 X10 10 X10 10 X10 10 X10 2ML AMP 10 X10 10 x10
11,052 23,543 2,446 13,000 9,767 10,918 2,641 12,368 5,380 12,380 3,225 4,042 15,199 86,570 22,895 20,308 24,649 8,068 37,207 5,473 6,081 1,025 1,428 158 83 16,843 4,457 546 347 2,653 197 439 391 6,347 31,407 26,389 2,236
-20X50X2ml -100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 --100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 100X10X10 -100X10X10 100X10X10
Page | 21
253 254 255 256 257 258
D17037 D17038 D17039 D17040 D17041 D17042
TAB.RISPERIDONE TAB.CLONAZEPAM TAB.CLONAZEPAM TAB.PROCHLORPERAZINE INJ.PROCHLORPERAZINE TAB.LORAZEPAM
1 mg 0.5 mg 0.25 mg 5 mg 12.5mg/ml 1 mg 0.9%w/v
10 x 10 10 x 10 10 x 10 10 x 10 1 ml amp 10 x 10 500ml Bot 500ml Bottle 500ml Bot 500ml Bot 25ml Amp 25ml Amp Bottle Bottle Bottle 100 ml Bot Amp 10ml Amp 1 lit bottle 10x10 2ml Amp 10x10
2,069 6,728 2,635 20,012 56,381 2,130 34,58,411
100X10X10 100X10X10 100X10X10 100X10X10 -100X10X10 24X500ml
259 D18001* SODIUM CHLORIDE INJ. I.P SODIUM CHLORIDE 0.9% & 260 D18002* DEXTROSE 5% W/V I.P. 261 D18003* DEXTROSE INJ I.P. 262 263 264 265 266 D18004 D18005 D18006 D18007 D18008 DEXTROSE INJ I.P. DEXTROSE INJ I.P. DEXTROSE INJ I.P. ELECTROLYTE P INJECTION (PAEDIATRIC) ELECTROLYTE M INJ. (MAINTENANCE)
NULL 5% 10% 50% 25% 500ml 500ml 500ml 20%w/v 10 ml 10% w/v 0.9 % w/v 40mg 10mg/ml 25mg
16,75,082 7,72,992 89,353 33,464 2,20,630 1,42,441 6,201 20,36,127 4,14,088 71,24,114 28,979 8,281 10,640 13,64,528 9,539
24X500ml 24X500ml 24X500ml 24X500ml 24X500ml 24X500ml 24X500ml 24X500ml -10X50X10ml --200X10X10 40X50X2ml --
267 D18009* RINGERS LACTATE INJ I.P. 268 D18010 MANNITOL INJECTION I.P.
STERILE WATER FOR 269 D18011* INJECTION I.P. 270 271 272 D18012 D18013 D19001 POTTASIUM CHLORIDE INJ I.P. SODIUM CHLORIDE IRRIGATION SOLUTION FRUSEMIDE TAB I.P.
273 D19002* FRUSEMIDE INJ I.P. 274 D19003 SPIRONOLACTONE TAB IP
275
D19005
TAB. HYDROCHLOROTHIAZIDE
25 mg 50mg /2ml 150mg 500 mg 20mg
276 D20001* RANITIDINE HCL INJ I.P. 277 D20002* RANITIDINE HCL TAB I.P. 278 279 D20003 D20004 ALUMINIUM HYDROXIDE TAB IP OMEPRAZOLE CAP
10 x 10 2ml Amp 10x10 10x10 10x10
5,710 28,05,883 5,33,576 2,15,389 1,38,985
-40X50X2ml 100X10X10 100X10X10 100X10X10
Page | 22
280 D20005* METOCLOPRAMIDE INJ.IP 281 282 283 D20006 D20007 D20008 METOCLOPRAMIDE TAB.IP DOMPERIDONE TAB IP DICYCLOMINE HCL TAB IP
5mg/ml 10mg 10 mg 10 mg 10mg/ml
2ml Amp 10x10 10x10 10x10 2ml Amp
5,23,292 11,031 87,948 32,386 5,16,331
40X50X2ml 100X10X10 100X10X10 100X10X10 40X50X2ml
284 D20009* DICYCLOMINE HCL INJ IP
ORS POWDER I.P.(SODIUM CHLORIDE2.6G,DEXTROSE(ANHYDROUS)13.5G,POTASSIUM CHLORIDE285 D20011* 1.5G,SODIUM CITRATE-2.9G) 286 D20012 BISACODYL TAB IP MIXTURE CARMINATIVE CONCENTRATE(EACH 10ML,CONTAINS:WEAK GINGER TINCTURE BP/IP0.625ML,AROMATIC SPIRIT OF AMMONIA IP0.625ML,PEPPERMINT SPIRIT BP-0.25ML,CHLOROFORM IP0.019ML,SODIUM BICARBONATE IP-0.275 GM,COMPOUND CARDAMOM TINCTURE IP-3.0ML,AQUA Q.S10.00 ONDANSETRON INJ SYRUP LACTULOSE INJ .PANTOPRAZOLE TAB. ALUMINIUM HYDROXIDE + MAGNESIUM CARBONATE + METHYL POLY SILOXANE TAB. PANTOPRAZOLE TAB.RABEPRAZOLE BISACODYL SUPPOSITORY(PAEDIATRIC) BISACODYL SUPPOSITORY(ADULT) DICYCLOMINE ORAL SOLUTION GLIBENCLAMIDE TABIP GLIBENCLAMIDE TAB IP METFORMIN TAB IP
20.5GM 5mg
Packet 10x10
9,06,061 36,621
25 sachet in polythene bags and 20 such bags per carton 100X10X10
287 288 289 290
D20013 D20014 D20015 D20018
500ml 2MG/ML 667MG/ ML 40mg 325 mg+ 50 mg + 40 mg 20 mg 20 mg
Bottle. 2 ml Amp 100ML 10 ml Vial
1,04,972 4,74,718 82,146 3,25,252
24X500ml 40X50X2ml ---
291 292 293
D20019 D20020 D20021
10 x 10 10 x 10 10 x 10
67,147 75,697 57,847
----
294 295 296 297 298 299
D20022 D20023 D20024 D21001 D21002 D21003
5 mg 10 mg 10 mg/ 5ml, 5mg 2.5mg 500mg
5 x 10 5 x 10 30 ml bottle 10x10 10x10 10x10
6,650 6,196 52,155 1,61,575 44,741 1,41,535
---100X10X10 100X10X10 100X10X10
Page | 23
300
D21004
GLIPIZIDE TAB IP ANTI SNAKE VENOM (FREEZE DRIED) POLYVALENT
5mg
10x10
45,320
100X10X10
301
D21012
10ml
302 303 304
D21019 D21027 D21028
THYROXINE SODIUM TAB IP TAB PIOGLITAZONE TAB. GLIMEPIRIDE
100 mcg 15 mg 1 mg
Vial 100 per amber color bottle 10 X 10 10 X 10
12,074
--
19,664 22,918 34,846
----
VITAMIN B COMPLEX TAB NFI (STRONG) NICTONAMIDE IP 20 MG, PYRIDOXINE HCL IP 2 MG, RIBOFLAVIN IP 2 MG, 305 D22002* THIAMINE HCL IP 5 MG 306 D22003 CALCIUM GLUCONATE INJ I.P.
NULL 10%w/v
10X10 10ml
8,19,392 63,907
200X10X10 25X10X10ml
307 308 309 310 311 312 313 314 315 316
D22004 D22005 D22006 D22009 D22010 D22011 D22012 D23001 D23003 D24003
MULTI VITAMIN NFI TAB(EACH TABLET CONTAINING VITAMIN A-2500 IU,VITAMIN-D 200 IU,VITAMIN-B1 2MG,VITAMINB2 2MG VITAMIN B6 0.5 MG,CALCIUM PANTOTHENATE1MG,NIACINAMIDE25MG,VITAMIN-C 50MG,FOLIC ACID-0.2 MG) VITAMIN A&D CAPSULE (SOFT GELATIN) FERROUS SULPHATE TAB INJ.B COMPLEX WITH 100 MG OF THIAMINE ZOLDRONIC ACID INJ INJ. MECOBALAMIN TAB. CALCIUM CARBONATE IOHEXOL INJ LIQUID BARIUM SUSPENSION CYCLOPHOSPHAMIDE INJ IP
NULL 6000/1000 IU 200 mg 3 ML 4 mg 500mcg/1ml 500 mg 350mg/ml 1 lit 200MG
10X10 10X10 10X10 AMP Vial 1ml Amp 10 x10 50ml 1 No VIAL
3,97,149 1,49,929 3,14,190 1,54,945 1,040 16,810 1,80,941 14,420 1,115 13,050
200X10X10 100X10X10 100X10X10 20X25X3ml ---20X10X50ml ---
Page | 24
317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350
D24004 D24009 D24010 D24012 D24013 D24014 D24015 D24017 D24018 D24019 D24021 D24023 D24024 D24027 D24028 D24029 D24030 D24031 D24033 D24034 D24035 D24036 D24037 D24038 D24039 D24040 D24041 D24042 D24043 D24044 D24045 D24046 D24048 D24050
CYCLOPHOSPHAMIDE INJ IP INJ.BLEOMYCIN INJ METHOTREXATE IP INJ.CISPLASTIN IP INJ.CISPLASTIN IP INJ.ETOPOSIDE IP INJ.LEUCOVORIN CALCIUM INJ.PACLITAXEL WITH CODAN SET INJ.PACLITAXEL WITH CODAN SET INJ.PACLITAXEL INJ.CYTOSINE ARABINOSIDE HYDROXY UREA CAP / TAB DOXURUBICIN HCL INJ IP TAMOXIFEN TAB IP 5 FLUROURACIL INJ 5 FLUROURACIL INJ TAB.MELPHALAN TAB.MELPHALAN INJ.EPIRUBICINE INJ.EPIRUBICINE CAP.TEMOZOLAMIDE CARBOPALTIN INJ CARBOPLATIN INJ IFOSFAMIDE WITH MESNA INJ GEMCITABINE INJ GEMCITABINE INJ OXALIPLATIN INJ OXALIPLATIN INJ TAB LETROZOLE INJ.DOCETAXEL INJ.DOCETAXEL INJ.MITOXANTRONE CAP.TEMAZOLOMIDE TAB METHOTREXATE
500MG 15 Mg/IU 50 gm/2ML 50 MG/ 50 ML 10 MG/ 10 ML 100 MG 50 MG/ 5ML 100 MG/ 16.67ML 260MG/ 43.34 ML 30MG/ 5ML 100 MG 500 MG 50 mg 10 mg 250 MG/5 ML 500 MG/10 ML 2 mg 5 mg 10 mg 50 mg 100 mg 150 mg 450 mg 1gm/200 mg 200 mg 1000 mg 50 mg 100 mg 2.5 mg 20 mg 80 mg 20mg/10 ml 250 mg 2.5mg
VIAL Vial VIAL Vial Vial Vial Vial Vial Vial Vial VIAL 10X10 Vial 10X10 0 0 10 X10 10 X10 Vial Vial 10 X10 Vial Vial Vial Vial Vial Vial Vial 10 X10 0.5 ml Vial 2 ml Vial Vial 10x10 10X10
13,890 685 8,330 20,900 18,000 13,360 12,480 8,210 5,950 1,760 2,760 1,247 12,400 3,890 14,650 22,150 104 114 1,820 1,780 71 2,800 1,830 1,850 1,900 2,000 1,530 1,280 53,853 30,760 1,100 285 38 1,216
-----------------------------------
Page | 25
351 352 353 354
D25001 D25002 D25004 D26001
CHLORHEXIDINE/CETRIMIDE SOLUTION SURGICAL SPIRIT POVIDONE IODINE SCRUB BENEDICTS REAGENT
7.5%/15% W/V 70% v/v 7.50% 500ML BOTTLE
1Litre Bottle. 500ml Bot 500ml Bot NULL
20,845 1,49,354 31,308 13,647
-20X500ml 20X500ml 20X500ml
*PLEASE REFER CLAUSE 6.26.6 4.2. 4.2.1 Schedule of Requirements The schedule of requirements showing the quantity of drugs in every location will be given along with the purchase orders to the successful tenderers. The drugs 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. Details 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 drugs to the warehouses mentioned in the purchase order. Address of the new warehouses will be published in the official website from time to time.
Page | 26
SECTION V
SPECIFIC CONDITIONS OF CONTRACT 5.1. Time Limits prescribed

Activity : Time Limit
Sl.No 5.1.1.
5.1.2.
Submission of Performance Security and entering into contract Schedule of purchase order and Supply
15 days from the date of issuance of Offer Letter. Immediately on finalization of the rate contract, the first set purchase orders for half the offered quantity will be placed to each supplier. The schedule of supply will be as follows. No of days from Minimum % Penalty Purchase Order of the for ordered default quantity to supply be supplied to each warehouse th 45 Day 25% 0.5% per 60th Day 40% day of th the 75 Day 60% delayed 100th Day 80% th supply 120 Day 100% upto a From 121st Day Balance max of to 150th Day quantity if 15% any @ 20% of the value of unexecut ed quantity nd rd 2 and 3 set of purchase orders will issued in August and November .The schedule of supply will be as follows 35th day 50% 0.5% per th 70 Day 100% day of the 151st day Cancellation of purchase order
Page | 27
Sl.No
Activity
: From 71 st day to 100th Day
Time Limit Balance quantity if any delayed supply upto a max of 15% @ 20% of the value of unexecuted quantity
101st day
Cancellation of purchase order
5.1.3.
5.1.4.
Submission of delivery schedule or request for rescheduling of purchase orders Time for making payments by Tender Inviting Authority
15 days from the date of purchase order (Rescheduling is applicable only in cases where the ordered quantity exceeds the production capacity as declared by the tenderer in the tender) For suppliers in the vendor rating category of A, B & C, the payment will be as detailed in Clause 5.4. For all other suppliers in the vendor rating category of D, within 30 days from the date of completion of 70% of the quantity scheduled, submission of proper documents and the drug is declared as standard quality by Quality Control wing. Domestic MSME are categorized under B in the first instance and payments, within 15 days from the date of completion of 50% of the ordered quantity, submission of proper documents and the drug is declared as standard quality by Quality Control wing. The payment terms will vary if their rating is lowered on the basis of the performance of the supplier during the currency of contract. The 1st set of purchase orders will be cancelled under the following conditions
5.1.5.
Cancellation schedule of
Page | 28
Sl.No
Activity
Time Limit 1 If the tenderers has not started the supply at the point of delivery as noted in the schedule on or before 5 PM of the 45th day ( ie. 0% supply). Unexecuted fine will be levied @ 20% of the value of the total purchase order quantity. 2 If the supply is less than 20% of the ordered quantity at 5 PM of the 60th day. Unexecuted fine will be levied @ 20% of the value of unexecuted quantity. 3 If the supply is less than 30% of the ordered quantity at 5 PM of the 75th day. Unexecuted fine will be levied @ 20% of the value of unexecuted quantity. 4 If the supply is less than ordered quantity at 5 PM day. Unexecuted fine will 20% of the value of quantity. 5 If the supply is less than ordered quantity at 5 PM day. Unexecuted fine will 20% of the value of quantity. 40% of the of the 100th be levied @ unexecuted 50% of the of the 120th be levied @ unexecuted
purchase orders
6 If the supply is less than 100% of the ordered quantity at 5 PM of the 150th day. Unexecuted fine will be levied @ 20% of the value of unexecuted quantity. The 2nd and 3rd set of purchase orders will be cancelled under the following conditions 1 If the tenderers has not started the supply at the point of delivery as noted in the schedule on or before 5 PM of the 35th day ( ie. 0% supply). Unexecuted fine will be levied @ 20% of the value of unexecuted quantity.
Page | 29
Sl.No
Activity
Time Limit 2 If the supply is less than 50% of the ordered quantity at 5 PM of the 70th day. Unexecuted fine will be levied @ 20% of the value of unexecuted quantity. 3 If the supply is less than 100% of the ordered quantity at 5 PM of the 100th day. Unexecuted fine will be levied @ 20% of the value of unexecuted quantity.
5.1.6.
Release of EMD
:
For unsuccessful bidders: Within 30 days from the date of Publication final L1 rate list. For successful bidders: Upon the tenderers signing the contract and furnishing the performance security. The EMD of the successful tenderer can be adjusted towards the security deposit payable. Within 90 days from the last date of the rate contract.
5.1.7.
Release of Security Deposit
5.2.
5.2.1
Pre-qualification Conditions of the Tenderers Tenderer shall be a manufacturer having original valid drug manufacturing license issued within the country or direct importer holding valid import license. Loan Licensees / Distributors / Suppliers / Agents are not eligible to participate in the Tender. Average Annual turnover in the last three years i.e. 2007-2008, 2008-2009 and 2009-2010 shall not be less than `.20 crores and the annual turnover for the year 2009-2010 alone should also not be less than `.20 crores. In case of Micro, small and medium enterprises (here in after referred as MSME) located in Kerala State, the average annual turnover for 2007-08, 2008-09 & 2009-10 shall not be less than `.50 Lakhs. The tenderer shall submit proof of the same (notary attested audited copy of audited accounts, balance sheet, annual report etc.). Tenderer should have at least 3 years Market Standing as a manufacturer / importer for each drug quoted in the tender. ( i.e , 3 years should be completed from the date of issue of the product
5.2.2
5.2.3
Page | 30
permit of each drug 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 drug in a year for the last 3 consecutive years in respect of which the tenderer shall furnish the batch manufacturing records with test reports maintained as per Schedule U of the Drugs & Cosmetics Act and copies of the supply orders along with invoices of the supplies of the same 5 batches. 5.2.4 Tender should not be submitted for the product / products which has been blacklisted by KMSCL or blacklisted/debarred by any other State / Central Governments organization. Concern / Company which has been blacklisted by Tender Inviting Authority or blacklisted/debarred by any State Government or Central Government Organization should not participate in the tender during the period of blacklisting. Not withstanding anything contained in any other clause in this bid document, or anything contained in any previous tender contract, agreement, instrument or any other legal document, no concern/company/supplier/manufacturer who had entered into a contract for supply for any particular drug/medicine/ product with KMSCL during the year 2010-2011 shall be eligible in this tender in respect of the same drug/medicine/product if the said concern/ company/supplier/manufacturer had failed to execute at least 50% in each of the three or more consecutive purchase orders placed to them as on the date of opening of the price bids of this tender. Tender should not be submitted for any product manufactured and supplied by the concern / company to KMSCL, in any of the previous tenders, if any two batches of that product supplied, when subjected to quality analysis at Government Drugs Testing Laboratory, Thiruvananthapuram either by the KMSCL or by the Drugs Control authority, failed in test for ASSAY, or if any three batches of that product failed in quality test in any other parameters mentioned in Pharmacopoeia other than ASSAY content. Concern/company who has withdrawn after participating in any of the previous tenders 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. Tenderers who 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
Page | 31
5.2.5
5.2.6
5.2.7
5.2.8
5.2.9
document and also the EMD as DD or Bank Guarantee in the prescribed format/Bankers cheque. 5.2.10 Those firms which have failed in any of the previous inspection conducted by KMSCL and failed to qualify in such inspections without submitting inspection fee for `.1,00,000/-extra for covering the travel and accommodation expenses of the inspection team as part of the technical bid.
5.3. 5.3.1
Price Preference Price preference not exceeding 10 percent for Domestic MSME and for State / Central Public Sector Undertakings shall be available only for products manufactured by them within the State of Kerala. The price preference so granted will be subject to the decision of the Honble High Court of Kerala in the pending writ appeal(s). For the purpose of granting price preference to those firms as noted in clause 5.3.1 above, those rates (Basic price) less than 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. MSME units in Kerala 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 Basic price of Non-SSI unit = X. X+ Basic price of Non SSI unit, should be less than or equal to the Basic price of SSI unit. eg: If the Basic price of Non SSI unit is ` 100/-, the Basic price of SSI unit should be less than or equal to ` 110.00.
5.3.2
5.3.3.
The tendered quantity of 50 items of drugs as given in Appendix-III is only thirty five percent of the actual requirement. The balance sixty five percent is reserved to be procured from M/s Kerala State Drugs & Pharmaceuticals Limited. In case, if M/s KSDPL is unable to supply the full or partial quantity reserved to them, the successful L1bidder shall be willing to supply that quantity of the item at his quoted rate. Vendor Rating: Past performance parameters like quality of the product supplied, timely delivery, feedback from user institutions shall be considered for rating the tenderers. Certain relaxations will be permitted to the suppliers in the higher ratings. For the purpose of the rating, the
5.4
5.4.1.
Page | 32
performance of the suppliers in the previous contract and the current running contract up to the date of publication of this tender notification shall be considered.
Rating (Grade)
Criteria No complaints received from user institutions. No batch declared as Not of Standard Quality in both the contracts. Have supplied at least 90% of all the awarded products within stipulated period in both the contracts. No complaints received from user institutions in both the contracts. No batch declared as Not of Standard Quality in both the contracts.
Permitted Relaxations
80% Payment immediately on receipt of MRC and required documents.
Have supplied at least 70% of all the awarded products within stipulated period in both the contracts. (MSME located in Kerala State with only one batch each declared as NSQ will be put under this category) No complaints received from user institutions in both the contracts. Only one batch, from all the batches of all the products supplied is declared as Not
80% Payment immediately on receipt of MRC for 40% of ordered quantity and along with required documents.
80% Payment immediately on receipt of MRC for 55% of ordered quantity and along with required documents and
Page | 33
of Standard Quality in each contract. Have supplied at least 70% of all the awarded products within stipulated period I both the contracts. D All other suppliers & tenderers including new participants.
satisfactory quality control report.
No relaxation from any of the tender conditions.
5.4.2.
Rating List of all the suppliers as per the past contract and the running contract of the Tender Inviting Authority is given in appendix IV. Any change in the above criteria during the course of tender process or during the contract period will alter the rating of the supplier accordingly. In cases where the tender rating falls to a lower level, permitted relaxations will cease to exist The ratings of the suppliers shall be published on the website of the corporation from time to time.
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SECTION VI
GENERAL CONDITIONS OF CONTRACT

6.1 Contents of the Tender Document: This Tender Document contains the following: 6.1.1 6.1.2 6.1.3 6.1.4 6.1.5 6.1.6 6.1.7 6.1.8 6.2 6.2.1 Introduction (Section I) Scope and Description of Contract (Section II) Tender Schedule (Section III) Details of Drugs tendered (Section IV) Specific Conditions of Contract (Section V) General Conditions of Contract (Section VI) Appendixes - documents supplied by the tender inviting authority Annexure formats for submission of tenders by the tenderers. Responsibility of verification of contents of tender document: 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. 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 tenderers risk and may result in the rejection of the bids, without any further notice. Tender Document The specifications and terms and conditions governing the supply of drugs are contained in this Tender Document The tender document can be downloaded from website www.kmscl.kerala.gov.in. The tenderers shall attach a separate Demand Draft as Cost of tender document (mentioned in Section III) as per schedule of any Nationalized/scheduled Bank in favour of the
6.2.2
6.3 6.3.1 6.3.2
Page | 35
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 6.4 6.4.1 The tender is also available for purchase from the head office of the Tender Inviting Authority on submission of the prescribed price. Guidelines for preparation of Tender The tenderer 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. It is compulsory to provide a check list as per Annexure VIII 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. Language of Bid:- The Bid prepared by the tenderer and all correspondence and documents relating to the bid exchanged by the tenderer and the Tender Inviting Authority, shall be in English language. Supporting documents furnished by the tenderer 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. 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 tenderer. The documentary evidence (other than those regarding supply and past performance) submitted along with the Tender shall be produced duly attested by the tenderer 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. In the event of documentary proof as required being not enclosed, the Tender shall be liable to be rejected. All pages of the bid, shall be signed by the authorized person or persons signing the bid along with the stamp of the tenderer. A copy of the complete tender document duly signed on every page by the tenderer or the authorized representative shall be enclosed as
Page | 36
6.4.2
6.4.3
6.4.4
6.4.5
6.4.6
6.4.7
part of the technical bid as a proof of having read and accepted the terms and conditions of the tender document. 6.4.8 The tender shall be typewritten or written in indelible ink and shall be signed by the tenderer or person(s) duly authorized to bind the tenderer 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. An offer submitted in vague/ambiguous financial terms and the like, shall be termed as non-responsive and shall be summarily rejected. A prospective tenderer requiring any clarification of the tender documents may notify the Tender Inviting Authority in writing by email or fax at the Tender Inviting Authoritys 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. Clarifications to specific requests shall be responded through e-mail and general clarifications, affecting all the tenderers shall be published in the official website of the Tender Inviting Authority. However it shall be the duty of the prospective tenderer to ensure that the clarifications sought for has been properly received in time by the Tender Inviting Authority. Earnest Money Deposit (EMD): 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. Cheque, Cash payment, Money Order, Fixed deposit etc will not be accepted as EMD and in such cases the tender offer will be rejected. 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. 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 I) and shall valid for the period indicated in Section III; Bank
Page | 37
6.4.9 6.4.10
6.4.11
6.5 6.5.1
6.5.2 6.5.3
6.5.4
Guarantee in any other format will not be acceptable and render the bid non-responsive. 6.5.5 EMD of unsuccessful tenderers will be discharged/returned as promptly as possible as but not later than 30 days after publishing of the final L1 rate list by the Tender Inviting Authority. The successful tenderer's EMD will be discharged upon the tenderers signing the contract and furnishing the performance security. The EMD of the successful tenderer can be adjusted towards the security deposit payable. No interest will be paid for the EMD submitted. The EMD will be forfeited, if a tenderer; Misrepresents facts or submit false/fake documents during the tender process If the tenderer willfully violates any terms and conditions of the tender documents If the tenderer withdraws its bid after the opening of technical bid; A successful tenderer, fails to sign the contract after issuance of offer letter Fails to furnish performance security after issuance of offer letter. 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 `.1,00,000/- will be forfeited from the EMD and the balance amount will be refunded. In case where the EMD of the rejected firm is `.1,00,000/- or less, the entire amount will be forfeited. Period of Validity of Tender The tender must remain valid for minimum 120 days from the date of opening of price bid. A bid valid for a shorter period shall be rejected by the Tender Inviting Authority as non-responsive. Prior to the expiration of the bid validity the Tender Inviting Authority may request the tenderer to extend the bid validity for another period of 30 days. The tenderer may refuse extension of bid validity without forfeiting the Earnest Money deposit. The tenderer who has extended the bid validity is not required or permitted to modify its bid.
6.5.6
6.5.7 6.5.8 6.5.8.1 6.5.8.2 6.5.8.3 6.5.8.4 6.5.8.5 6.5.9
6.6 6.6.1
6.6.2
6.6.3
Page | 38
6.6.4
The successful tenderer upon entering into a rate contract can withdraw from the contract at any point of time after 120 days of price firmness, but not after the execution of agreement or issuance of Supply order for any of the agreed items. 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 tenderer as per the procedure detailed in clause 6.39, for a period of 3 years, 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 drug for a period of 3 year. Pre Tender Meeting Date of pre-tender meeting is mentioned in Section III. 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 tenderers, as part of ensuing transparency in the tender process. It is an opportunity for the prospective tenderer to obtain all the details about the tendered items, conditions governing the tenders and also to get the explanation of any ambiguous condition that may be present in the tender document. 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. All prospective tenderers who have purchased the tender document or remitted `.1000/- (non-refundable) as registration fee for the pretender 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. Failure to attend the pre-tender meeting will not be a disqualification, but a loss of opportunity for the prospective tenderers to understand the tender conditions. Filled up Tenders will be accepted only after the date of pretender meeting.
6.6.5
6.7 6.7.1 6.7.2
6.7.3
6.7.4
6.7.5
6.7.6
6.7.7
Page | 39
6.8. 6.8.1
Amendment of tender documents: At any time prior to the dead line for submission of Tender, the Tender Inviting Authority may, for any reason, modify the tender document by amendment. The amendment shall be notified by fax/email to all prospective tenderers who have purchased the tender document, for which the email, fax no of the purchaser of the tender document shall be submitted to the tender inviting authority and such amendments shall be binding on them thereafter. The Tender Inviting Authority shall not be responsible for failure to inform the prospective tenderers because of technical issues, wrong fax number or email ID etc. 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. Tendering System The tenders/Bids are to be submitted in two Parts i.e. Cover A & Cover B Cover A titled as TECHNICAL BID shall contain the complete technical details of the firm and the documents to prove the competency of the tenderer. Apart from the documents and signed 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 tenderer for supplying drugs meeting the quality standards and technical specification to the satisfaction of the Tender Inviting Authority and the user institution. Cover - B titled as PRICE BID shall contain only the Price Bid Form duly filled in the prescribed Performa (Annexure-IX). Price Bid not submitted in the prescribed performa will not be considered for evaluation 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. 009-I/DRG/KMSCL/2011-12 DATED 31-122010 FOR SUPPLY OF DRUGS (CATEGORYI) or PRICE BID COVER B - TENDER NO. 009-I/DRG/KMSCL/ 2011-12 DATED 31-12-2010 FOR SUPPLY OF DRUGS (CATEGORYI) as the case may be. Both the sealed covers shall be enclosed in another sealed (third) cover which should also be super scribed as
6.8.2.
6.8.3.
6.9 6.9.1 6.9.2
6.9.3
6.9.4
Page | 40
TENDER NO. 009-I/DRG/ KMSCL/2011-12 DATED 31-12-2010 FOR SUPPLY OF DRUGS (CATEGORY-I) 6.9.5 Every cover shall also indicate the name and address of the tenderer. 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 State 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 tenderer to enable the Tender Inviting Authority to return the same unopened to the tenderer in the event it arrives later than the stipulated time and date or is declared invalid otherwise. 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. The details of the required drugs 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 reserving certain items fully or partially for a PSU. The rates quoted should not vary with the quantum of the order or the destination. Tender has been called for in the generic names of drugs. The tenderers should quote the rates for the generic products. The composition and strength of each product should be as per details given in Section IV. Any variation found will result in the rejection of the tender. Rates (inclusive of Sales Tax, Excise Duty, Customs duty, transportation, insurance, and any incidental charges) should be quoted for each of the required drugs separately on door delivery basis according to the unit ordered. Tender for the supply of drugs with cross conditions like AT CURRENT MARKET RATES shall not be accepted. Handling, clearing, transport charges etc., will not
6.9.6
6.9.8
6.9.9
6.9.10
6.9.11
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be paid. The delivery should be made as stipulated in the purchase order placed with successful tenderers. 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 tenderer. The price quoted by the tenderers 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 tenderer. To ensure sustained supply without any interruption the Tender Inviting Authority, reserves the right to split orders for supplying the requirements among more than one tenderers, provided the rates and other conditions of supply are equal. The rates quoted and accepted will be binding on the tenderer during validity of the bid and any increase in the price will not be entertained till the completion of this tender period. No tenderer 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 tenderers in the Bids shall not be entertained after submission of the tenders. 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 tenders of those who have given such conditions shall be treated as incomplete and Tender will be summarily rejected. Supplies should be made directly by the bidder and not through any other agency and the invoice should be in the name of the tenderer. The tenderer shall allow inspection of the factory at any time by a team of Experts/Officials of the Tender Inviting Authority. The tenderer 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
6.9.13
6.9.14
6.9.15
6.9.16
6.9.17 6.9.18
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areas shall be permitted to be taken, which shall be published in the official website of the Corporation. 6.9.19 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. Contents of the Technical Bid - Cover A The tenderer should furnish the following in a separate cover hereafter called "Cover A".
6.10 6.10.1
6.10.1.1 Earnest Money Deposit, IF NOT EXEMPTED, shall be equal to 1% of the total aggregate value of items tendered for, subject to a minimum of `.30,000/- in the form of Demand Draft favouring Managing Director, Kerala Medical Services Corporation Ltd., payable at Thiruvananthapuram / Bank Guarantee (as per format attached in Annexure-I) for a period of 4 months from the date of submission of tender. State Micro, Small and Medium Enterprises registered with Government of Kerala are exempted from remittance of Earnest Money Deposit, provided valid registration certificate from the competent authority is submitted. 6.10.1.2 Demand draft/ bankers cheque for `. 25,000+ vat @ 4% favoring Managing Director, Kerala Medical Services Corporation Ltd., payable at Thiruvananthapuram as cost of the tender document, if the tender document is downloaded. After the opening of the price bid, the cost of the tender document will be calculated on the basis of the Government order, G.O.(P) No. 1/2009/SPD dated 08-01-2009 (Appendix-I)and the excess amount remitted will be refunded. The refund will not be applicable to those tenderers whose technical bids are rejected. 6.10.1.3 Documentary evidence for the constitution of the company /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. 6.10.1.4 Notary attested photocopy of License along with the product permit for the product(s), duly approved by the Licensing authority for each and every product(s) quoted. The license must have been duly
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renewed upto date and the items quoted along with specifications shall be clearly highlighted in the product permit. 6.10.1.5 Notary attested photocopies of current and previous import licenses (to prove 3 year market standing) in Form 10, if the product(s) is imported. The current license must have been renewed up to date. 6.10.1.6 Notary attested copies of current and previous import registration certificates (to prove 3 year market standing) of product (s) issued by CDSCO in Form 41, if the product(s) is imported. 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. 6.10.1.8 The instruments such as power of attorney, resolution of board etc., authorizing an officer of the tenderer should be enclosed with the tender and such Authorized officer of the tenderer 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. 6.10.1.9 Authorization letter nominating a responsible officer of the tenderer to transact the business with the Tender Inviting Authority. Liaison agents, commission agents, sales organizers etc. who are not employees of the tenderer are not permitted. 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 3 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 3 years. 6.10.1.11 Sales Tax Clearance certificate, as on 31.03.2010 (as per form attached in Annexure-II). 6.10.1.12 Current Good Manufacturing Practices Certificate (cGMP) as per revised Schedule-M (for manufacturers only) / WHO standards issued by the Licensing Authority. The tenderer shall also furnish a notarized affidavit in the format given in Annexure-III and Enclosures to Annexure III declaring that the tenderer complies the requirements of cGMP (as per revised Schedule-M). 6.10.1.13 Notary attested copy of record of manufacture of at least 5 commercial batches per year for the last 3 years (maintained as per Schedule U of the Drugs & Cosmetics Rules, 1945) along with notary attested copies of Supply order and invoices thereof, as mentioned in clause.5.2.4. The tenderer should also furnish the
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details in the performa for Performance Statement given in Annexure-IV. 6.10.1.14 Annual turnover statement for 3 years i.e., 2007-2008, 2008-2009 and 2009-2010 in the format given in Annexure-V certified by the Auditor. 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 6.10.1.16 Notary attested copies of audited balance Sheet and Profit and Loss Account for three years i.e. 2007-2008, 2008-2009 and 20092010. 6.10.1.17 Declaration (as in the Performa 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 SupplyNot 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. 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. 6.10.1.19 Documents, if any, to show that the manufacturing unit / importer has been recognized, by WHO, UNICEF, ISO Certificate etc. 6.10.1.20 Details of technical personnel employed in the manufacture and testing of drugs (Employee Name, Qualification, Experience) as endorsed in license. 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). 6.10.1.22 The tender document signed by the tenderer in all pages with office seal. 6.10.1.23 A Checklist (Annexure-VIII) for the list of documents enclosed with their page number. The documents should be serially arranged as per Annexure-VIII 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. 6.11 6.11.1 Content of price bid - COVERB Only the Price Bids of those firms qualified in the detailed scrutiny and evaluation of the Technical bid and successful inspection
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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. The tenderer 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 tenderer, 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 tenderer affixing the office seal. 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., The rate quoted in column 10/11 of Annexure-IX should be for a unit and given specification. The tenderer is not permitted to change / alter specification or unit size given in the Annexure IX. The landed price in column 10/11 of Annexure IX shall only be considered for bid ranking and for calculation of price preference to the Domestic MSME. 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. 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). 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. 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.
6.11.3
6.11.4
6.11.5
6.11.6
6.11.7
6.11.8
6.11.9
6.11.10
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6.12 6.12.1
Method of Submission of tender 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. Tender sent by telex or fax or email is void. Deadline for submission of tender. Tenders 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). 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. 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. 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 tenderers previously subjected to the deadline shall thereafter be subjected to the same deadline so extended. Modification and Withdrawal of Bids The tenderer 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. The tender modification or withdrawal notice shall be signed by the tenderer or his/her authorized representative, who have 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. No bid may be withdrawn in the interval after the opening of technical bids and the expiration of the period of bid validity
6.12.2 6.13 6.13.1
6.13.2
6.13.3
6.13.4
6.14 6.14.1
6.14.2
6.14.3
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specified in the tender document. Withdrawal of a bid during this interval will result in the forfeiture of its EMD and shall lead to black listing of the tenderer for a period of 3 years immediately succeeding the tender year as per the procedure detailed in clause 6.39 and the tender shall be ineligible to participate in any of the tenders of the Tender Inviting Authority for a period of 3 years.
6.15
Opening of Tender 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 tenderers or his/her representative who choose to attend at the respective time and place mentioned in Section III. The tenderers or representatives present for the opening of the envelopes shall sign registers evidencing their attendances. 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. The tenderers 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. 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 offerers to the final round. The tenderer 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. 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. The date and time will be published on the website along with list of list of eligible bidders. Scanned copies of the key documents such as drug license , GMP certificate, market standing certificate, non-conviction certificate,
6.15.1
6.15.2 6.15.3
6.15.4
6.15.5
6.15.6
6.15.7
6.15.8
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annual turnover statement etc submitted by the offerers as part of the technical bid and the price bid will 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 6.16.1 Evaluation of Tender The commercial terms and documents submitted as part of the technical bids shall be scrutinized by a Bid Evaluation Committee constituted by the Tender Inviting Authority. Originals of Sales Tax Clearance Certificate, Non Conviction Certificate, and Market Standing Certificate should be produced at the time of evaluation of tender which shall be verified and returned back. The findings of the Bid Evaluation Committee on whether the tenders are responsive or non-responsive or requiring clarifications will be published on the website. 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. The check list for inspection is published in the website of the Corporation. 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. 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. The price bids will be scrutinized by a Bid Evaluation Committee constituted by the Tender Inviting Authority. 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. 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
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6.16.2
6.16.3
6.16.4
6.16.5
6.16.6
6.16.7 6.16.8
6.16.9
bidder will be published in the website and the Notice Board of the Corporation. 6.16.10 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. All the other bidders in the provisional rate list will be permitted to match their offered rate with the final L1 rate published. A tenderer, 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. The Tender Inviting Authoritys 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. 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 tenderer 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 tenderers. Clarification of Bids During evaluation of bids, the Tender Inviting Authority may, at its discretion, give opportunity to the tenderer(s) for clarification of points raised by the bid evaluation committee on its bids submitted. The request for clarification and the response shall be in writing, either through email or fax or by post. Inspection of Production Facilities. In pursuance to clause 6.16.4 inspection of the production facilities will be, 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 All the expenses incurred for the inspection will be borne by the Tender Inviting Authority. For those manufacturing facilities of tenderers, who have failed to qualify in the inspections conducted by
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6.16.11 6.16.12
6.16.13
6.16.14
6.17 6.17.1
6.17.2 6.18 6.18.1
6.18.2
the Corporation during 2008-09, 2009-10 and 2010-11, fresh inspections will be conducted only upon remittance of ` 1 lakh as part of the Technical Bid as Inspection Fee 6.18.3 All the manufacturing sections (tablets, capsules, injectables, liquids etc.) in the unit including the quality control section will be subjected to rigorous inspection/auditing, irrespective of the items quoted. ie if the manufacturer has quoted only for certain items of tablets in the tender but is having the production of injectables/liquids/capsules etc. all the sections will be subjected to inspection. The tenderer 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. As part of transparency policy no official of the Corporation will be accompanying the Inspection team. 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 tenderer at their site and shall only be published on the website later. Entry to all the areas of production including sterile products manufacturing/filling areas shall be facilitated. 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. 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 to the tenderer in fulfilling the supply
6.18.4 6.18.5
6.18.6
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schedule and manufacturing capacity as submitted in Annexure IV as part of the technical bid. 6.18.7 Control samples maintained for the batches for which the batch manufacturing records has been submitted will be cross 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. Copy of one full set of the technical bid should be made available at the time of inspection 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. Key manufacturing areas will be photographed by the inspection team, which will be published along with the inspection report in the official website of the Corporation as part of transparency and cross verification. Denial of permission for photographing will result in the rejection of tender offer. 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. Acceptance /Rejection of tenders: It is also not necessary that that the offer of the firm quoting the lowest rates shall be accepted. Usually the lowest offers of tenderers 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 State / Central public sector undertakings for products manufactured by them within the State of Kerala. 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 of drugs or for any one or more of the items of drugs in a tender even after it is awarded to the successful tenderer in the event the firm deviates from the agreed terms and conditions. Price Bids without mentioning the units / strength or with altered unit / strength shall be treated as non-responsive and rejected. Tender Inviting Authority, or his authorized representative(s) has the right to inspect the factories of tenderers, before releasing any
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6.18.8 6.18.9
6.18.10
6.18.11
6.19 6.19.1
6.19.2
6.19.3 6.19.4
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. 6.19.5 6.20 6.20.1 The acceptance of the tenders will be communicated to the successful tenderers in writing. Other terms and Conditions The tenderer shall be responsible for payment of any charges due to any statutory authorities such as Income Tax, Sales Tax, Customs Duties etc. In the event, if it found that there is some statutory deduction to be made at the source, the Tender Inviting Authority will have the authority to do so. Notices The Tender Inviting Authority shall publish the following information on its website at the appropriate time as part of ensuring transparency in the tender process;
6.21 6.21.1
6.21.1.1 The tender notices, documents, corrigendum, addendum etc if any.. 6.21.1.2 Amendments to the tender conditions, if any, especially after the pre-tender meeting 6.21.1.3 Results of the responsiveness of the technical bids and minor infirmities/clarifications sought. 6.21.1.4 List of tenderers qualified for Inspection of manufacturing facilities and list of tenderers exempted from such inspection due to the fact that such facility was inspected during the previous years. 6.21.1.5 Results of the Inspection of manufacturing facilities and the list of qualified and disqualified firms with reasons for disqualifications 6.21.1.6 Photographs of key areas of the manufacturing facilities inspected 6.21.1.7 List of tenderers qualified for price bid opening and reasons for rejection of unqualified tenderers. 6.21.1.8 Provisional drug wise rate list with the bid ranking status. 6.21.1.9 Provisional L1 rate list for negotiation. 6.21.1.10 Final Rate Contract list 6.21.1.11 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, whichever is later.
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6.22 6.22.1
Award of Contract Criteria:-The contract will be awarded to the lowest evaluated responsive tenderer qualifying to the final round after scrutiny of the technical bids and inspection of factory premises, i.e. after price bid opening. Variation of Quantities during Currency of Contract:-At the time of awarding the contract, the Tender Inviting Authority reserves the right to increase or decrease by up to twenty five (25) per cent, the quantity of goods mentioned under clause. 4.1, without any change in the unit price and other terms & conditions quoted by the tenderer. Notification of Award/Offer Letter Before expiry of the tender validity period, the Tender Inviting Authority will notify the successful tenderer(s) in writing, by registered / speed post or by fax or by email (to be confirmed by registered / speed post immediately afterwards) that its tender for drug(s), which have been selected by the Tender Inviting Authority, has been accepted, also briefly indicating there in the essential details like description, specification and quantity of the goods & services and corresponding prices accepted. This notification is undertaken by issuing an Offer Letter by the Tender Inviting Authority. The successful tenderer, upon receipt of the Offer Letter, shall furnish the required performance security and submit an agreement in the prescribed format as given in Annexure-X within 15 days, failing which the EMD will forfeited and the award will be cancelled. The Notification of Award shall constitute the conclusion of the Contract. Signing of Contract The successful tenderer shall execute an agreement on a nonjudicial Kerala stamp paper of value of `.100/- (stamp duty to be paid by the tenderer) within 15 days from the date of the intimation from Tender Inviting Authority informing that his tender has been accepted. The Specimen format of agreement is available in Annexure-X. If the successful tenderer 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
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6.22.2
6.23. 6.23.1
6.23.2
6.23.3 6.24. 6. 24.1
6. 24.2
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 blacklisted as per the procedure detailed in clause 6.39, for a period of three years immediately succeeding the tender year and the tenderer will be ineligible to participate in any of the tenders of the Tender Inviting Authority for a period of three years. 6. 24.3 Non performance of any of the contract provisions will disqualify a firm to participate in the tender for a maximum period of three years. The tenderer 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. Tender Inviting Authority will be at liberty to terminate without assigning any reasons thereof the contract either wholly or in part on 30 days notice. The tenderer will not be entitled for any compensation whatsoever in respect of such termination. 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 tenderer shall be liable for all losses sustained by the Tender Inviting Authority, in consequence of the termination which may be recovered personally from the tenderer or from his properties, as per rules. All notices or communications relating to arising out of this agreement or any of the terms there of shall be considered duly served on or given to the tenderer if delivered to him or left at the premises, places of business or abode. Performance Security There will be a performance security deposit amounting to 10 % of the total value of the awarded drugs including taxes, which shall be submitted by the successful tenderer to the Tender Inviting Authority within 15 days from the date of issuance of offer letter. 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.
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6. 24.4
6. 24.5
6. 24.6
6. 24.7
6.25 6.25.1
6.25.2
6.25.3
Failure of the successful tenderer in providing performance security mentioned above and/or in executing the agreement in time shall make the tenderer liable for forfeiture of its EMD and blacklisting of the firm for 3 years. The Performance security 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 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. In the event of any failure /default/deviations from the tender agreement of the successful tenderer with or without any quantifiable loss to the Tender Inviting Authority, the amount of the performance security is liable to be forfeited. Tender Inviting Authority will release the Performance Security without any interest to the successful tenderer on completion of the successful tenderers all contractual obligations. The Bank Guarantee submitted in place of EMD/Security deposit shall be in the prescribed formats as in Annexures to this document. Bank Guarantee in no other form will be accepted and will lead to rejection of tenders. Purchase Policy After the conclusion of Price Bid opening (Cover B), the lowest offer of the tenderer is considered for negotiation and rate arrived after negotiation is declared as L1 rate and the tenderer offering the L1 rate for an item or items of Drugs for which the tender has been invited shall be called as L1 tenderer. The L1 tenderer shall execute necessary agreement as specified in the Tender Document on depositing the required amount as Performance Security and on execution of the agreement such tenderer shall be eligible for the placement of Purchase Orders for the item or items of Drugs quoted. If two or more than two tenderers is declared as L1 tenderer for the same item of Drugs and such tenderers shall execute necessary agreement as specified in the Tender Document on depositing the required amount as Performance Security and on execution of the agreement such tenderer is eligible for the placement of Purchase Orders for the item or items of Drugs quoted by them.
6.25.4
6.25.5
6.25.6
6.25.7
6.26 6.26.1
6.26.2
6.26.3
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6.26.4
KMSCL will inform the L1 rate to the other tenderers who were eligible for Price (Cover B) Bid opening, inviting their consent to match L1 rate for the item of the Drugs quoted by them and the tenderer who has given consent, in writing, will be considered as Matched L1. The tender consent for matching L-1 rate shall furnish the breakup details of Price (L-1 Rate) in Format in Annexure-X. The L1 supplier is entitled to be placed the Purchase Orders for the item of Drugs and if there are more than one L1 supplier, the Purchase Orders for the requirement of Drugs will be placed among them in equal proportions, Provided that no L1 tenderer is entitled to be placed Purchase Orders exceeding the production capacity indicated by the supplier in the agreement executed by them. For items with asterix(*) marks in section IV where the quantum of requirement of the drug is more than 5 lakh units, except in cases of items where there are joint Ll suppliers KMSCL will place purchase orders to both L1 bidder and matched L2 bidder on a proportion of 70:30%. In case L2 bidder has not matched his rate with the L1 rate, then the share of the order (30%) will be placed to the next matched bidder according to the bid ranking status. In case the L1 tenderer is unable to supply the 70% quantity as revealed from his own submission of tender documents or during the inspection of the manufacturing facilities, the Tender Inviting Authority at its discretion will re-fix the ratio of supply. The supplier, on receipt of the purchase order deems that the purchase order exceeds the production capacity declared in the agreement and the delay would occur in executing the order, shall inform the KMSCL immediately without loss of time and the Purchase Order shall be returned within 15 days from the date of the order, failing which the supplier is stopped from disputing the imposition of liquidated damages, fine etc for the delayed supply. In such cases where the L1 supplier has limited production capacity, the balance tendered quantity will be placed to the next matched bidder according to the bid ranking status. If the L1 supplier has failed to supply the required Drugs 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 tenderer has executed necessary agreement indicating the production capacity as specified in the Tender Document on depositing the required amount as Performance Security.
6.26.5
6.26.6
6.26.7
6.26.8
6.26.9
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6.26.10
The Matched L1 supplier, on placement of Purchase Order, will be deemed as L1 rate supplier for the purpose of the tender and all provisions of the tender documents applicable to L1 rate tenderer will apply mutatis mutandis to the Matched L1 supplier. The supplier shall start supply the Drugs required by KMSCL at the destination mentioned in the schedule, within the period stipulated in the Purchase Order. The Drugs 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. The supplier shall, after supply of Drugs at the specified destinations, submit Invoice (Original), and other relevant documents etc., at the Head Office, KMSCL claiming payment for the supply made. The supplier shall supply the Drugs at the specified destination and submit the copy of invoice, copy of the Purchase order, Test Report, Delivery Chelan and other relevant documents at the destinations. The supplier shall take utmost care in supplying the quality Drugs and ensure that the batch number mentioned in the packages of the Drugs tally 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 Drugs is mentioned in the invoice. Any variation will delay the payment for the supply. It is the duty of the supplier to supply Drugs 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., 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. This purchase policy is in addition to, not in derogation of the Tender document and agreement executed by the supplier. Supply Conditions Purchase orders will be placed on the successful tenderer based on the existing stock, availability of funds, directions of the Government
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6.26.11
6.26.12
6.26.13
6.26.14
6.26.15
6.26.16
6.26.17
6.26.18 6.27. 6.27.1
and/or at the discretion of the Tender Inviting Authority. The tenderer shall furnish the delivery schedule within 15 days from the date of purchase order. Rescheduling is applicable only in cases where the ordered quantity exceeds the production capacity as declared by the tenderer in the tender 6.27.2 The Drugs supplied by the successful tenderer 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. Immediately on finalization of the rate contract, the first set purchase orders for half the offered quantity will be placed to each supplier. The schedule of supply will be as follows. No of days from Purchase Order 45th Day 60th Day 75th Day 100th Day 120th Day From 121st Day to 150th Day 151st day Minimum % of the ordered quantity to be supplied to each warehouse 25% 40% 60% 80% 100% Balance quantity if any @0.5% per day of the delayed supply upto a max of 15% Penalty for default supply
6.27.3
Cancellation of @ 20% of the value of the purchase order unexecuted quantity nd rd 2 and 3 set of purchase orders will issued in August and November .The schedule of supply will be as follows 35th day 50% @ 0.5% per day of the delayed supply up to a max 70th Day 100% of 15% From 71 st Balance quantity if day to 100th any Day 101st day Cancellation of @ 20% of the value of the purchase order unexecuted quantity 6.27.4. The 1st set of purchase orders will be cancelled under the following conditions
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1 If the tenderers has not started the supply at the point of delivery as noted in the schedule on or before 5 PM of the 45th day ( ie. 0% supply). Unexecuted fine will be levied @ 20% of the value of the unexecuted quantity. 2 If the supply is less than 20% of the ordered quantity at 5 PM of the 60th day. Unexecuted fine will be levied @ 20% of the value of the unexecuted quantity. 3 If the supply is less than 30% of the ordered quantity at 5 PM of the 75 th day. Unexecuted fine will be levied @ 20% of the value of the unexecuted quantity. 4 If the supply is less than 40% of the ordered quantity at 5 PM of the 100 th day. Unexecuted fine will be levied @ 20% of the value of the unexecuted quantity. 5 If the supply is less than 50% of the ordered quantity at 5 PM of the 120th day. Unexecuted fine will be levied @ 20% of the value of the unexecuted quantity. 6 If the supply is less than 100% of the ordered quantity at 5 PM of the 150 th day. Unexecuted fine will be levied @ 20% of the value of the unexecuted quantity. 6.27.5 The 2nd and 3rd set of purchase orders will be cancelled under the following conditions
1 If the tenderers has not started the supply at the point of delivery as noted in the schedule on or before 5 PM of the 35 th day (ie. 0% supply). Unexecuted fine will be levied @ 20% of the value of the unexecuted quantity. 2 If the supply is less than 50% of the ordered quantity at 5 PM of the 70th day. Unexecuted fine will be levied @ 20% of the value of the unexecuted quantity. 3 If the supply is less than 100% of the ordered quantity at 5 PM of the 100th day. Unexecuted fine will be levied @ 20% of the value of the unexecuted quantity. 6.27.6 All supplies will be scheduled for the period from the date of acceptance till the completion of the tender in installments, as may be stipulated in the Purchase Order. The supplied Drugs and Medicines (covered in SCHEDULE P of Drugs and Cosmetics Rules, 1945) should have a shelf life period as prescribed in the schedule
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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 have Standard Quality & maximum potency throughout the shelf life as prescribed in the official monograph and should have minimum 75% shelf life from the date of manufacture when supplied to the corporation. It is also requested that the successful tenderers 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. 6.27.7 6.27.8 The tenderer must submit test analysis report from a Government approved Laboratory for every batch of Drug along with invoice. Tenderer 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 tenderer has not started the supply at the point of delivery as noted in the schedule noted above , the purchase orders will be cancelled and the Tender Inviting Authority is at liberty to make alternative purchase of the items of drugs for which the Purchase orders have been placed from any other sources or from the open market or from any other tenderer 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. Apart from risk / alternate purchase action, the tenderer shall also suffer forfeiture of the Security Deposit and shall invite other penal action like blacklisting / disqualification from participating in present and future tenders of Tender Inviting Authority. It shall be the responsibility of the tenderer for the occurrence of 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 supplier 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. The tenderer may be required to take back drugs and medicines, which are not utilized by the Tender Inviting Authority within the shelf life period based on mutual agreement.
6.27.9
6.27.10
6.27.11
6.27.12 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 will be blacklisted as
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per the procedure detailed in clause 6.39, 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 drug for a period of one year. 6.27.13 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 as per the procedure detailed in clause 6.39, for a period of 1 year. Immediately succeeding the tender year and the firm will be ineligible to participate in any of the tenders of the Tender Inviting Authority, in addition to other penalties like forfeiture of security deposit, fines, etc. 6.28. 6.28.1 Logograms Logogram means, wherever the context occurs, the design as specified in enclosure-I to Annexure-VI. The name of the drug shall be mentioned in English. Tenders for the supply for Drugs shall be considered only if the tenderer 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. The Drugs & medicines 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. Vials, Ampoules and bottles containing items tendered for should also carry the logogram. Supply of Drugs 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 6.32.5. If the supplier, in spite of the warnings, continue to supply drugs 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. The offers of the tenderers who are not willing to agree to conditions above will be summarily rejected.
6.28.2
6.28.3
6.28.4 6.28.5
6.28.6
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6.29 6.29.1.
Packing The Drugs 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 drugs and medicines shall also be supplied with bar coding conditions. (For details visit website www.gs1india.org) 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. The packing in each carton shall be strictly as per the specification mentioned in Annexure-XII. Suppliers 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. The labels of two or more drugs 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 drugs. Similarly if the Tender Inviting Authority informs that the labels of a relatively new supplier resembles same or another drug of another supplier, the suppliers shall change their labels immediately. The cap of vials preparations should not carry the name of the supplier. The labels in the case of injectables should clearly indicate that the preparation is meant for IM, IV, ID, SC etc. It should be ensured that only first hand fresh packaging material of uniform size including, vials, ampoules etc are used for Packing. All primary packing containers should be strictly conforming to the specification included in the relevant pharmacopoeia. Packing should be able to prevent damage or deterioration during transit and storage in the humid conditions of the Kerala. The Tender Inviting Authority shall arrange for the re- packing of drugs, 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 defaulted supplier. In the event of items of drugs and medicines supplied found to be not as per specifications in respect of their packing, the Tender
6.29.2
6.29.3
6.29.4
6.29.5 6.29.6 6.29.7 6.29.8 6.29.9
6.29.10
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Inviting Authority is at liberty to make alternative purchase of the items of drugs and medicines for which the Purchase orders have been placed from any other sources or from the open market or from any other tenderer 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. 6.29.11 The packings/labels of two different products of a supplier should be clearly distinct from each other. Supply of products with packings/ labels of same design, colour, font size etc 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 6.30.1 Quality Testing, Quality Control Deduction and Penalties All the Drugs and Medicines supplied by the Supplier shall be subjected to rigorous Analytical Testing for their quality at the empanelled labs. Samples of each batch of each product supplied will be drawn at the points of supply or distribution / storage and send by the Tender Inviting Authority to one/two/three different Analytical Laboratories empanelled by him at his discretion, for testing after dual coding as mentioned in clause 2.1.17. Samples of the same batch will again be drawn from every subsequent consignment which will be continued till the last received consignment. The samples thus received in the head office at intervals of 15 days will be pooled and representative samples will be drawn and subjected to analysis as per the procedures adapted in the first received consignment. Apart from this the samples will be drawn at random at any time from the warehouse stock/institution stock and subjected to analysis. Parameters of testing will be as per the QUALITY CONTROL MANNUAL as mentioned in clause 2.1.16. 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. Statistical quality control method will be adopted for deciding the acceptability or rejection of a batch of drug. The interpretation
6.30.2
6.30.3.
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method for analyzing the reports received from the different empanelled laboratories will be as follows;
Case -1: Where the sample has been forwarded only to one lab: Lab result Condition-I Condition-II Pass Fail Conclusion Pass Fail Action Release of the batch for use Freeze the stock for confirmatory analysis (referred to Case-4)
Case -2: Where the sample has been forwarded to two labs: Lab result Conclusion Action Lab-1 Lab-2 Release of the batch for Condition-III Pass Pass Pass use Freeze the stock for Condition-IV Pass Fail Fail confirmatory analysis (referred to Case-4) Freeze the stock for Condition-V Fail Fail Fail confirmatory analysis (referred to Case-5) Case -3: Where the sample has been forwarded to three labs : Lab result Lab-2 Lab-3 PASS PASS Conclusion PASS Action
Lab-1 Condition-VI PASS
Release of the batch for use Freeze the stock for Condition-VII PASS PASS FAIL FAIL confirmatory analysis (referred to Case-4) Freeze the stock for ConditionPASS FAIL FAIL FAIL confirmatory analysis VIII (referred to Case-4) NSQ confirmedCondition-IX FAIL FAIL FAIL FAIL reject the batch* * If the failed parameters are different, the batch will be tested again at the appellate lab for confirmatory analysis. Case -4: Where the failed batch of sample s in condition II, IV, VII & VIII have been forwarded to three labs for retesting: Lab result Lab-1 Lab-2 Lab-3 Condition-X PASS PASS PASS Conclusion PASS Action Release of the batch for use
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Freeze the stock for confirmatory Condition-XI PASS PASS FAIL FAIL analysis (referred to Case-5) Freeze the stock for confirmatory Condition-XII PASS FAIL FAIL FAIL analysis (referred to Case-5) NSQ confirmedCondition-XII FAIL FAIL FAIL FAIL reject the batch* * If the failed parameters are different, the batch will be tested again at the appellate lab for confirmatory analysis. Case -5: Where the samples in condition V,XI & XII has been forwarded to DTL for confirmatory analysis Lab result ConditionXIII ConditionXIV 6.30.4. Pass Fail Conclusion Pass Action Release of the batch for use NSQ Fail batch confirmed-reject the
In case of any complaint received from the institutions, public, doctors, medias etc, the available stock will be frozen, payment will be with held and samples will be drawn from the point of complaint and tested as per the procedure adapted in case -4. If there is no sufficient quantity for testing, the batch will be tested only at the appellate laboratory where the result will be final. If a sample is declared as not of standard quality by the Tender Inviting Authority based on the inference arrived at Clause 6.30.3. the stock of such batch shall be considered as confiscated goods and deemed to be rejected. The tenderer will be liable for appropriate action as per the tender conditions and the matter will be reported to the Drugs Controller of the state for legal actions 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.
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6.30.6.
In the event of the samples of Drug supplied is rejected as mentioned in Clause 6.30.3 the Tender Inviting Authority is at liberty to make alternative purchase of the items of drugs for which the Purchase orders will be placed from any other sources or from the open market or from any other tenderer 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 as mentioned in Clause 6.32.8. The Drugs shall be of standard quality throughout the shelf life period of the drug. The samples will be drawn for quality testing periodically throughout the shelf life period either on complaint or suo motto. In such cases the procedures followed in clauses 6.30.1 to 6.30.4 above will be adopted. The Tender Inviting Authority has the right to exempt certain Drugs 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 Drugs will be drawn for analysis only if deemed necessary. 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 of 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 tenders of the Tender Inviting Authority for a period of 3 years. In respect of the firm supplying more than one item during the contract period if more than 50% of the items are blacklisted based on the above process, then the firm will be blacklisted for a period of 3 years as per the procedure detailed in clause 6.39. In the case of any sample even in one batch is declared as 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. 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.
6.30.7.
6.30.8.
6.30.9
6.30.10
6.30.11
6.30.12
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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. The tenderer 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. The decision of the Tender Inviting Authority or any Officer authorized by him as to the quality of the supplied drugs, medicines etc., shall be final and binding. 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. In such cases, the manufacturer shall be solely responsible for any adverse reaction that happens upon the usage of the drug as per the provisions of Drugs & Cosmetics Act, 1940. Payment Provisions No advance payments towards costs of drugs will be made to the supplier. Payments towards the supply of drugs will be made strictly as per terms and conditions laid down in the tender document and the decisions of the Tender Inviting Authority. 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 in respect of invoices submitted to it on 10th of every month. All the communication in this regard shall be in writing and the Tender Inviting Authority discourages the visits, phone calls etc as part of transparency policy. All bills/ Invoices should be raised in triplicate and in the case of excisable Drugs and Medicines; the bills should be drawn as per Central Excise Rules in the name of Managing Director, Kerala Medical Services Corporation Ltd., Thiruvananthapuram. While the
6.30.14
6.30.15
6.30.16
6.31 6.31.1 6.31.2
6.31.3
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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 considered only after supply of 70% of the quantity scheduled, PROVIDED reports of Standard Quality on samples testing received from Government Analyst or Approved Laboratories of Tender Inviting Authority. Payment for the suppliers in the vendor rating category of A, B &C will be as detailed in clause 5.4. For domestic MSME, within 15 days from the date of completion of 50% of the ordered quantity, submission of proper documents and the drug is declared as standard quality by Quality Control wing. 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 tenderer himself, the tenderer 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 is necessary in rates in case the tenderer fails to notify or fails to agree for such reduction of rates. In case of any enhancement in Excise Duty due to notification of the Government after the date of submission of tenders and during the tender period, the quantum of additional excise duty so levied will be allowed to be charged extra as a separate item without any change in price structure of the Drugs approved under the tender. For claiming the additional cost on account of the increase in Excise Duty, the tenderer 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. 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
6.31.5
6.31.6
6.31.7
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currency of contract, when the excise duty is chargeable on goods manufactured. 6.32 6.32.1 6.32.2 6.32.3 Deduction in Payments & Penalties In all supplies, 1.5% of the supply value shall be deducted towards handling & testing charges. All supply should be made within the stipulated time and as per the scheduled quantity as mentioned in clause 6.27.3. If the supply reaches the District Drug Warehouses beyond the stipulated time as mentioned in clause 6.27.3, 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. Purchase orders will be cancelled under the conditions mentioned in clauses 6.27.4 and 6.27.5 after levying penalties at the rates mentioned therein and such penalty is recoverable from any amount payable to the supplier. 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 20 percent. 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. All the tenderers 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 6.29.9. In the event of making ALTERNATIVE PURCHASE, as specified in Clauses 6.27.9, 6.29.9, 6.30.6, and 6.32.7, the supplier will be imposed penalty apart from forfeiture of Security Deposit. 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 tenderer
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6.32.4.
6.32.5.
6.32.6
6.32.7
6.32.8
who has quoted higher rates and other losses sustained in the process, shall be recovered from the Security Deposit 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 6.33 6.33.1 In all the above conditions, the decision of the Tender Inviting Authority shall be final and binding. Saving Clause 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 tender. Applicable Law & Jurisdiction of Courts The contract shall be governed by and interpreted in accordance with the laws of India for the time being in force. Any tenderer who having accepted the Tender Terms and Conditions of previous tenders 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 tenders offered by such concerns for a period of two years from the date of the breach/violation of the aforesaid conditions. Any tenderer 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 Secretary to Government on the Appeal will be final and binding. 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 tenderers 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
6.34 6.34.1 6.34.2
6.34.3
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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 tenderer 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 tenders of the Corporation for a period of two 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. Corrupt or Fraudulent Practices It is required by all concerned namely the tenderers/ Successful tenderers 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
6.35.1
6.35.1.1 Corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution; and 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 tenderers (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; 6.35.2 Government/ Tender Inviting Authority will reject a proposal for award if it determines that the Tenderer 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.
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6.35.3
No tenderer 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. Any such effort by a tenderer to influence the Tender Inviting Authority in the Tender Inviting Authoritys bid evaluation committee, bid comparison or contract award decisions may result in rejection of the tenderers bid. 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 tenderers bid. Force Majeure For purposes of this clause, Force Majeure means an event beyond the control of the successful tenderer and not involving the successful tenderers 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. If a Force Majeure situation arises, the successful tenderer 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.
6.35.4
6.36 6.36.1
6.36.2
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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 tenderer accordingly and subsequent actions taken on similar lines described in above sub-paragraphs. Resolution of disputes If dispute or difference of any kind shall arise between the Tender Inviting Authority and the successful tenderer in connection with or relating to the contract, the parties shall make every effort to resolve the same amicably by mutual consultations. 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 tenderer 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. In the case of a dispute or difference arising between the Tender Inviting Authority and a domestic Successful tenderer 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. Venue of Arbitration: The venue of arbitration shall be the place from where the contract has been issued, i.e., Thiruvananthapuram, India. General/ Miscellaneous Clauses Nothing contained in this Contract shall be constructed as establishing or creating between the parties, i.e. the Successful tenderer on the one side and the Tender Inviting Authority on the other side, a relationship of master and servant or principal and agent. Any failure on the part of any Party to exercise right or power under this Contract shall not operate as waiver thereof. he Successful tenderer 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 tenderer.
6.37 6.37.1
6.37.2
6.37.3
6.37.4
6.38. 6.38.1
6 38.2 6.38.3
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6.38.4
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 for defaulted supply/Supply of not of standard quality/withdrawal from the tender etc as noted in the tender, a registered notice shall be issued to the firm/supplier calling for explanation within 7 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 tenderer, terminate the contract in whole or in part, if the successful tenderer 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 tenderer shall be liable to the Tender Inviting Authority for the extra expenditure, if any, incurred by the Tender Inviting Authority for arranging such procurement. Unless otherwise instructed by the Tender Inviting Authority, the successful tenderer shall continue to perform the contract to the extent not terminated. Termination for insolvency: If the successful tenderer 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 tenderer without any compensation,
6.41.3
6.41.4
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whatsoever, to the successful tenderer, 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 Authoritys) convenience, by serving written notice on the successful tenderer 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 tenderers 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)
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`25,000+ vat @ 4%

KERALA MEDICAL SERVICES CORPORATION LTD

11.00 AM: 28-01-2011 12.00 PM: 28-01-2011

Ref : 009-I/DRG/KMSCL/2011-12 dt : 31-12-2010

Annexure III Enclosure to Annexure III

62. Annexure IIIA Undertaking

96 98 102 103 106 108 112 116 117 119

SCOPE AND DESCRIPTION OF TENDER

General Definitions Government means Government of Kerala, represented by the

Tender Inviting Authority is the Managing Director of the KMSCL,

Tender document - means the document published by the tender

Tendered quantity means the approximate quantity of items

User Institutions - are the departments, health care institutions, Local

Funding agencies are usually departments like Directorate of Health

Blacklisting/ debarring the event occurring by the operation of the

Factory Inspection - means the process of inspecting the premises,

Minor Infirmities - means minor discrepancies like non submission of

Matched L1 rate - means the rates of the tenderer or tenderers who

Liquidated Damage/LD means penal charges levied by the Tender

Unexecuted fine - is the fine imposed for the default committed by

Purchase Order - means the order issued by the Tender Inviting

Schedule - means the schedule annexed to the Purchase Order

Supplier - is a firm fulfilling the pre-qualification criteria laid down in

Domestic Micro Small and Medium Enterprises - means industrial

Quality Control Manual - The manual published by the Tender

Dual coding - The process of coding, adapted by the Tender Inviting

Appellate Laboratory - Government Drugs Testing Laboratory

Head Office, KMSCL.

DETAILS OF DRUGS TENDERED

500 mg. 125mg/5ml 50 mg. 25 mg/ml 200mg

-40X50X1ml 40X50X2ml 40X50X1ml 100X10X10 100X10X10

125 MG/5ML 1gm 500mg

12,70,085 5,35,080 27,356

50X60ml bottle 50X60ml bottle 100X10X10

D02037 D02038 D02039 D02040 D02041 D02042 D02044 D02045 D02046

50X100ml 10X10X10ml bottle 40X25X1ml -20X25X10ml 10X10X30gm 20X10X30ml

D03006 D03007 D03009 D04001 D04003 D04004

5mg/ml. 0.5 MG/ML NULL 50 mg/ml 2% 2% w/v

10ml. 1ml AMP 500 ml Bottle 10 ml Vial Tube 30 gm. 30 ml Vial

4,43,158 54,806 2,72,932 8,497 68,180 1,18,374

D04005 D04007 D04008 D04009 D04010 D04011 D04012

5% 0.6mg/ml 0.5 mg/ml 2mg/ml 1% W/V 1% w/v 7.5% w/v

7,404 3,02,981 61,612 3,070 22,374 11,325 1,05,066

20X10X30ml 40X25X1ml ----25X10X10ml

D04013 D04014 D04017 D04018 D04019 D04020 D04021 D04022 D04023

100 mg 0.5 mg 4MG/ML 1mg/ml 2 mg 25 mg 10 mg/ml

Vial 10X10 1ml AMP 1 ml Amp 10X10 10X10 1 ml Amp

5,92,491 58,818 6,35,035 1,85,701 3,85,969 1,98,110 6,30,415

40X25 100X10X10 40X25X1ml 40X25X1ml 200X10X10 200X10X10 40X50X1ml

CHLORPHENIRAMINE 101 D05008* MALEATE INJ.IP

2ml Amp 10X10 10x10

6,71,530 1,25,669 82,805

40X50X1ml 200X10X10 200X10X10

METHYL PREDNISOLONE SODIUM SUCCINATE INJ I.P.

25X10X5gm 10X10X3 -------100X10X10 -200X10X10

141 142 143 144 145 146 147 148 149

D11002 D11003 D11004 D12001 D12002 D12003 D12004 D12005 D12006

10X10 10 X10 10 X10

1,839 403 132 37,863 42,359 1,54,337 62,520 57,628 22,419

---40X50X2ml 200X10X10 20X50X5ml -40X50X1ml 24X500ml

151 152 153 154 155 156

D12008 D12009 D12012 D12014 D12015 D12016

500 ml 30% 10 mg/ml 500 mg 500mg/5ml 5mg/ml