EVENT DATE TIME. Published Date hr Prebid conference hr Tender document download start date/time: 03.2.

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1 INSTITUTE OF LIVER & BILIARY SCIENCES (An Autonomous Society under Govt. of NCT of Delhi) D-1, VASANT KUNJ, NEW DELHI Ph , Ext:- 5042; Fax , Web. OPEN TENDER ENQUIRY NO: ILBS/2014/NIC/PII/004 GOODS: Tender for procurement of Drugs and Medicines. OPEN E TENDER ID NO: 2014_ILBS_50987_1 TENDER DOCUMENT NO: F5.4(231)12-13/ILBS/PUR/7857 EVENT DATE TIME Published Date hr Prebid conference hr Tender document download start date/time: hr Tender document download end date/time hr Last date and time for receipt of bids: hr Date and time for opening prequalification hr bid Date and time for opening technical bid Will be intimated later - Validity of tenders: 365 days from date of opening and extendable for another one year. 1. On behalf of the Director, ILBS, being a hospital run on C M the purchaser, E- Tenders are invited from established, reputed and experienced manufacturers or their representatives, agents, distributors (both institutional and corporate) for supply of Drugs and Medicines as per the enclosed technical specification(annexure-b-ii)strictly subjected to the terms and conditions of the contract notified in the tender document available on the official ILBS website and for use in the Institute of Liver & Biliary Sciences,D-1,Vasant Kunj, New Delhi The Bidder registered on the tender site will be eligible for e-tender. The desirous non registered bidders can get themselves registered by using the option available on tender site Then the Digital Signature registration need to be done with the e-token, after logging into the site. The e-token may be obtained from one of the authorized Certifying Authorities such as SIFY/TCS / ncode. 3. The Bidder must read the prescribed terms & conditions and accept the same to proceed further to submit the bids. 4. After downloading / getting the tender schedules, the Bidder should go through them carefully and then submit the documents as asked, otherwise, the bid will be rejected. 1

2 5. Bidder must unconditionally accept all terms and conditions stipulated in the original/downloaded tender document and submit/upload the entire signed and stamped document. 6. The bidder has to submit the tender document online well in advance before the prescribed time to avoid any delay or problem during the submission process. 7. All documents submitted should be self-attested with signature and seal of the bidder. 8. In case the date of opening of tenders is declared a holiday for unexpected reasons, the tenders shall be opened same time on the next working day. 9. All pages of the bid documents including all enclosures should be numbered (except printed leaflets/catalogue) and document must be duly filled in, signed and stamped by the bidder or his authorized representative. Offers received without signature and seal on all pages are liable to be rejected 10. Bidders are requested to visit the tender site once again before due date of submission for any probable corrigendum which could be uploaded subsequently against this tender. Dr. S.A Francis DHO (M-II) 2

3 PART I INSTRUCTIONS TO BE NOTED CAREFULLY BY THE BIDDERS : 1. Desirous Bidder will submit the technical and price bid in the standard format prescribed in the tender document displayed at Scanned copies of relevant documents, certificates should be uploaded in in support of their technical bids. Bidder will sign on all statements, documents and certificates uploaded by him owning responsibility for their correctness/authenticity. 2. All the relevant confirmatory/corroborative/supportive documents/certificates etc referred to in the eligibility and technical bids by the Bidder should be uploaded as well as provided for reference during the bid evaluation by the Institute. Non-submission of these supporting documents/certificates/material etc. by the Bidder shall make the bids liable to be rejected by the Institute. 3. Bid Security (EMD) of Rs. 25,000/- only in the form of a Demand Draft / Pay Order/ BG / FDR favoring, Director, ILBS and duly discharged in his favour in advance. Scanned copy of the Bid Security is to be uploaded along with the bid and the original Bid Security sent to O/O the DHO(M-II), ILBS, Vasant Kunj, so as to reach before the closing of the bid. In case of non submission of bid security, the tender would be rejected without assigning any reason whatsoever unless the Bidder has uploaded valid exemption certificate as per Sub-Clause (v) to Clause (B) in Part-II of this document. The bid security should remain valid for a period of 45 days beyond the bid validity period. 4. One bidder can quote maximum three brands against each generic item. 5. In case Bidder is quoting prices for more than one Principal Company/ Manufacturer, he must upload copy of valid authorizations in respect of each Principal Company(ies)/ Manufacturer(s) separately for this purpose. The Bidder should upload Eligibility Bid, Technical Bid and Price Bid in prescribed E- Tender format. 6. Performance security: The successful bidder shall furnish Performance Security equal to Rs. 25,000/- if the estimated annual procurement value is up to Rs.10, 00,000 and equal to Rs. 50,000/- if the estimated annual procurement value is more than Rs.10,00,000, to ensure due performance of the contract within twenty-one (21) days from the date of receipt of communication from the Institute informing acceptance of Bid and amount of Performance Security to be furnished in form of Demand Draft / Pay Order/ BG / FDR favoring, Director, ILBS. Performance Security shall remain valid for a period of sixty days beyond the date of completion of all contractual obligations of Annual Rate Contract. 7. Pre Bid Conference will be conducted on 29 January 2014, 1130 hrs in Multi Purpose Hall, Upper Basement, ILBS, New Delhi. 3

4 8. The Institute may, for any reason, whether at its own initiative or in response to feedback received from prospective Bidder(s), may modify the bid documents including scope of supplies, terms and conditions etc. by amendments, if considered appropriate, at any time before due date of receipt. Bidders are requested to see the tender site once again before due date of submission for any probable corrigendum which could be uploaded subsequently against this tender. 9. Principal Companies/ Manufacturers having quality /safety certification of international standards like US-FDA, CEE, WHO- GMP, DGQA etc. shall be considered for eligibility. However, decision of the Director, ILBS regarding acceptance or rejection of any or all bid(s) shall be final and binding on the bidders. 10. The Director, ILBS has absolute right and competent to reject, withdraw/ revoke/ cancel whole or any part of tender at any stage without assigning any reasons. 11. The Institute, at its discretions, reserves the right to enter into Annual Rate Contract with one or more bidders in respect of any or all items i.e. Drugs and Medicines, for which bids has been invited. In such case a rational balance of quantity and cost of product (s) quoted by those firms meeting the eligibility criteria shall be the basis of awarding the contract. 12. The Annual Rate Contract will be governed by the Terms & Conditions laid down in Tender Document and the Annexure appended to it and as mentioned elsewhere in the Tender Document. 13. The Bidder shall have to furnish samples and/or verification of the information given in the tender as and when required. 14. The validity of the tendered rate/ offered rate/ quoted rate would be 1 yrs from the date of floating of tender. 15. If you fulfill the requisite criteria, you are invited to participate in our tendering process as per the schedule. 16. All pages of the bid document including all enclosures should be numbered(except printed leaflets/catalogue) and must be duly filled in, signed and stamped by the bidder or his authorized representative. Offers received without signature and seal on all pages are liable to be rejected. 17. Bidders are requested to visit the tender site once again before due date of submission for any probable corrigendum which could be uploaded subsequently against this tender. 4 Dr. S.A. Francis D HO (M-II)

5 PART-II (A) GENERAL CONDITIONS OF TENDER The E-Tender is being invited pursuant to the Policy for Procurement of Drugs and Medicines the Institute, which is available on of The Bidder is expected to read understand and abide by the same before uploading the tender. i. In case of any conflict between the terms of tender document a ii. iii. iv. It shall be presumed that the terms & conditions mentioned in the tender document have been read understood and duly accepted entirely. The Bidder shall have no right to modify/ alter/ amend/ delete/add any terms/ conditions mentioned in tender document and such bid will be not be acceptable and will be ignored. Tender forms are not transferable. Only the original/downloaded complete tender form must be signed & stamped, and uploaded. Each page of the tender should be numbered and signed by the Bidder with the seal of the firm. v. Telegraphic/ Telex/ Fax and letterhead quotations are not acceptable and will be ignored. vi. vii. viii. ix. Furnishing of wrong information and false documents will make the Bidder ineligible for bidding and liable to be debarred / blacklisted from participation in Tender Inquiries/Open Tenders/Annual Rate Contracts by Institute and/or other Delhi G The past performance of the Bidder will be taken into consideration for award of Annual Rate Contract. The Bidder will have to furnish documents in support of the information given in the tender. Original documents shall be checked for verification as and when required. In case of any attempt for cartelization by bidders with a view to hike up the prices, all bids will be summarily rejected and the bidders are likely to be blacklisted as well. x. The Director, ILBS has absolute right and competence to reject any bid without assigning any reason. xi. xii. xiii. If any required information/documents are not supplied and/or incomplete information is supplied and /or tender document is found to be incomplete, then the bid of the concerned Bidder will be rejected and shall not be considered. No representation in this regard will be entertained. The decision of the Institute regarding approval of rates and samples of different categories of items will be final and binding on all bidders. Correspondence: No further correspondence shall be entertained after opening of the Tenders. 5

6 (B) Bid Security (EMD):- i. E B EMD of Rs.25000/- only in the form of a Demand Draft/ Pay Order/BG/FDR favoring the Director, ILBS and duly discharged in his favour in advance. Bid Security is to be scanned and uploaded along with the Pre Qualification Bid and the original Bid Security sent to O/o the DHO (M-II), ILBS, Vasant Kunj, so as to reach before the closing of the bid. ii. iii. iv. The Bid Security shall be valid and remain deposited with the Purchaser for the period of forty five days beyond the final bid validity period. In case of non submission of Bid Security, the tender would be rejected without assigning any reason whatsoever unless the Bidder has uploaded valid exemption certificate as per sub-clause (v) given below. No interest shall be payable by the Purchaser on the Bid Security. v. Exemption: Firms may be exempted from payment of Bid Security, if they are registered with NSIC and Govt. of India/ State Government Undertakings subject to submission of such valid exemption certificate. vi. vii. viii. Bid Security shall be refunded immediately to the unsuccessful bidders on finalization of the tender. The Bid Security is liable to be forfeited if the Bidder withdraws or impairs or derogates the bid in any respect within the period of validity of this offer. If the successful Bidder fails to furnish the Performance Security (as required under Rule 158, General Financial Rules, 2005) then the Bid Security (EMD) shall be liable to be forfeited. (C) Performance Security:- i. The successful bidder shall furnish Performance Security equal to Rs. 25,000/- if the estimated annual procurement value is up to Rs.10, 00,000 and equal to Rs. 50,000/- if the estimated annual procurement value is more than Rs.10,00,000, to ensure due performance of the contract within twenty-one (21) days from the date of receipt of communication from the Institute informing acceptance of Bid and amount of Performance Security to be furnished. ii. iii. iv. The Performance Security shall remain valid for a period of sixty days beyond the date of completion of all contractual obligations of Annual Rate Contract. Performance Security may be furnished in the form of an account payee Demand Draft, FDR from a commercial bank, Bank Guarantee from a commercial bank in an acceptable form safe guarding the interest in all respects. The Performance Security as mentioned in sub-para (i) above shall be released on satisfactory completion of all contractual liabilities. 6

7 (D) Pre-Qualification Bid (PQB) (hard copies to be submitted in a sealed envelope in the O/O the HO(M) The following documents in the similar order, in addition to uploading the bid on the e-tendering module (website) must also be submitted in Original form so as to reach the Office of the DHO (M-II), ILBS, Vasant Kunj, New Delhi, before the last date and time of the closing of the bid subject to the condition that the scanned copies of the same have also been uploaded in e-tender by the bidder within the due date and time indicated in the e-tender:- i. Covering letter clearly indicating the list of enclosures as mentioned in Annexure - A of the tender document. ii. Original/downloaded tender document duly filled in, signed and stamped by the bidder or authorized representative of the bidder on all pages. iii. iv. Bid Security (EMD) in original (Annexure A-III). Pre-receipted acknowledgement for the refund of Bid Security as per the format mentioned in Annexure - A-V. v. All pages of the General Information of the Bidder duly signed by the bidder or authorized representative of the bidder in the Proforma and format as given in ANNEXURE-A-I vi. vii. viii. ix. Latest /Valid Authorizations from the Principal Company(ies) /Manufacturer (s) to the bidder for its brands/products; Attested Copy of Income Tax Return for the last one year, PAN No., and VAT Registration Certificate of the bidder as per Annexure-A-IV; Undertaking on Non-Judicial stamp paper of Rs. 50/- duly notarized and signed by the bidder or authorized representative of the bidder for accepting the Terms and Conditions of the Tender document and to comply with them as per ANNEXURE A- II Financial Aspects details as mentioned in Annexure A-VI (E) TECHNICAL BID O O DHO(M-II) The following documents as mentioned in Annexure -B, in additions to uploading the bid on the e-tendering module (website) must also be submitted in Original form so as to reach the Office of the DHO (M-II), ILBS, Vasant Kunj, New Delhi, before the last date and time of the closing of the bid subject to the condition that the scanned copies of the same have also been uploaded in e-tender by the bidder within the due date and time indicated in the e-tender:- a) One bidder can quote maximum three brands against each generic item. b) Reference of the technical specifications of the products offered along with accessories, if any; c) Applicable technical documents like literature, catalogues etc. d) Compliance statement with respect to the required specifications of the indenting Department. e) Copy of certificate from the DCGI or State Drug Controller/US FDA/CE certification/quality Certificates from SDC/FDA appd labs of manufacturing/marketing valid for quoted products with list of approved items license no. and date. 7

8 f) Copy of Wholesale Licence from DCGI/ State Drug Controller/ Import Licesnse in case of product comes under drugs/ cosmetics act. g) Technical Bid as per Annexure B-II in Excel format only P format) else the bid is liable to be rejected. h) Any other document as required. i. The specifications of items quoted by the Bidder should conform to the required specifications. ii. The Bidder shall bid only for those items which could be supplied by him within the delivery period as stipulated in sub-clause (1) to Clause (A) in Part IV of this document. iii. The Institute may also ask for submission of sample during the process of technical evaluation by Technical Evaluation Committee (TEC) of the Institute if considered necessary and the Bidder shall have to submit the same within the given time free of cost on returnable basis. iv. Inspection:- The Director, ILBS, reserves the right for Inspection of the facilities of the Principal Companies/ Manufacturers participating in the tenders at the time of finalization of the tender or even thereafter during the currency of Annual Rate Contract, if any, by officer(s) deputed by the Director, ILBS. They can carry out inspection for assessing the capacity/capability/eligibility of the firm to make supplies as per requirements of the Institute and also to ensure that good manufacturing practices are being followed by manufacturer. The decision of the Director, ILBS shall be final in this regard. v. Only the technically responsive bids shall qualify for opening of the Price Bid. 8

9 (F) PRICE BID i. The Bidder must quote as per the E-Price Bid format.( No hard copies shall be entertained) ii. Prices are to be quoted only in Indian Rupees. Price shall be quoted on F.O.R., ILBS basis PER UNIT (single pcs) and inclusive of all applicable taxes except VAT which shall be quoted extra in relevant column. Total Price i.e. price plus applicable VAT should not exceed MRP or price notified by NPPA. Moreover, the bidder shall have an option to quote for upto three brands of different principal companies/manufacturers per item, subject to availability of valid authorization from the concerned principal company/manufacturer In case of liquids/syrup etc. uniform unit eg. Per ml. etc in case of different size packs may kindly be clarified. iii. No conditional offer will be accepted. iv. VAT/Sales Tax, if extra, where legally leviable and intended to be claimed, should be distinctly shown separately and would be payable separately only on submission of TAX Invoice. Where this is not done, no claim of VAT/Sales Tax will be admitted at any later stage on any ground. v. MRP of each item should be mentioned/ listed along with prices quoted for ILBS in the Price Bid. vi. In case of imported items where MRP is not indicated, the Bidder will have to furnish rate list, in original, of the Principal firm/ Manufacturers vii. The quoted price should be up to three (3) decimal points (i.e..000). The quoted items, the price of which is regulated by NPPA, should be as per the approved rate by the NPPA. Viii. The Performa and format for Price Bid along with instructions and special terms and conditions are attached in ANNEXURE-C (excel sheet uploaded at e-tender website). Noncompliance to the same format may make the bid liable to be rejected. Financial Bid as per Annexure C in Excel format only P -tender website. The Items quoted in Technical Bid against each line number of excel sheet shall match exactly the same line numbers with Financial bid, non compliance to the format may make the bid liable to be rejected. 9

10 (G) Annual Rate Contract(ARC) i. The Institute shall enter into Annual Rate Contract for supply of Drugs and Medicines, with successful Bidder(s) for a period of one year from the date of award. ii. Annual Rate Contract shall be extendable for one more year on the same terms and conditions subject to satisfactory performance, rate reasonability and mutual consent. iii. The Annual Rate Contract will be governed by the Terms & Conditions laid down in Tender Document, Annexure appended to it and as mentioned elsewhere in the Tender Document. iv. The Institute, at its discretion, reserves the right to enter into Annual Rate Contract with one or more bidders in respect of any or all items i.e. Drugs & Medicines for which bids have been invited. v. In case of entering into Annual Rate Contract with one or more Bidders in respect of any or all items, a rational balance of quantity and cost of product (s) quoted by those Bidders meeting the eligibility criteria shall be the basis of awarding the contract. vi. The bidder shall be required to obtain continuous feedback from the Institute about the slow moving/non moving products and status of expiry and arrange for replacing such items (stocks), as per directions of the Department and within prescribed period but in all cases six months before the expiry date. vii. Fall Clause:- If at any time the Bidder/Supplier reduces the sale price to sell the Drugs and Medicines covered under this tender enquiry, to any organization (including the purchaser of any hospital/department of the Govt. of N. C. T. of Delhi) at a price lower than the price quoted under this contract, he shall forthwith pass on such reduction to the purchaser and the price payable under this tender for the Drugs and Medicines being supplied after the date of coming into force of such reduction, the price of Drugs and Medicines shall stand correspondingly reduced. viii. The purchaser may The Purchaser may terminate the Contract, by not less than thirty(30) ten notice of termination to the Bidder/ Supplier, to be given after the occurrence of any of the events specified in paragraphs (a) to (d) of this Clause and sixty e) below : a) if the Bidder/ Supplier does not remedy a failure in the performance of their obligations under the Contract, within two (02) days after being notified or within any further period as the Purchaser may have subsequently approved in writing; b) if the Bidder/ Supplier becomes insolvent or bankrupt; c) if as a result of Force Majeure, the Bidder/ Supplier is unable to perform a material portion of the Services for a period of not less than thirty (30) days; or d) if the Bidder/ Supplier, in the judgment of the Purchaser has engaged in corrupt or fraudulent practices in competing or in executing the Contract. For the purpose of this clause: i. C P anything of value to influence the action of a public official in the selection process or in contract execution. ii. F P influence a selection process or the execution of a contract to the detriment of the Purchaser. e) If the Purchaser, at its sole discretion, decides to terminate this Contract. 10

11 ix. The Bidder will intimate the DHO (M-II), Institute of Liver & Biliary Sciences, D-1, Vasant Kunj, New Delhi of reduced rates immediately and will charge reduced rates instead of rates quoted. In other case the Bidder will be required to furnish a certificate on x. The Institute is at liberty to procure such of the high value items as may be required by it from time to time on Consignment/Utilization basis from the bidder at the RC approved Rates. xi. Marking:- Each packing shall be marked with nomenclature of the items and shall be labeled in accordance with the requirement of the Drugs and Cosmetics Act, 1940 and the rules made there under. xii. The Institute will not own the responsibility of (a) Issuance of road permit or concessional forms; (b) Clearance of consignment from road, rail, air transport, etc. xiii. In case any discrepancy arose in the Bill due to miscalculation etc., the Bidder shall be liable to pay back the excess amount on this account, even after completion of the Contract period. xiv. The Director-ILBS, New Delhi has the full and exclusive descrition to cancel the Purchase order at any time without assigning any reasons. xv. The Principal Company shall give the batch report of its stores supplied in ILBS as and when asked for, within three (3) days of receipt of such requests. (H) Shelf Life of Drugs and Medicines :- i. The Bidder should also indicate the shelf life of the stores offered. The Bidder should also note that the stores offered for inspection against the Purchase order, if any, placed by the purchaser should not have passed more than 1/4th of its useful life from the date of manufacture. ii. Loss or premature deterioration due to biological and/ or other factors during life span of stores shall have to be made good by the Bidder free of cost. iii. Shelf life on the day of inspection should be as follows:- a. -One year: - > 2 months from the date of mfg should not have passed. b. -18 months: - > 3 months -doc. -24 months: ->6 months from the date of mfg should not have passed. d. -36 months: - >9 months -doe. -48 months: - >12 months -do- (I) Replacement of rejected material:- i. If any store/stores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and / or on inspection by Competent Authority, the Bidder/supplier will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed. The seller will indemnify all the 11

12 losses or damages and legal consequences or costs arising out of use of such substandard supply. ii. The bidder shall remove and replace the supply upon rejection, within the stipulated delivery period free of cost. In case of failure to do so, the rejected supply can be disposed off by the Director-ILBS, New Delhi, in his own way and discretion and he shall not be responsible, in any way, for doing so and in such event ILBS shall be entitled to recover the cost from the bidder. iii. If the firm fails to replace the batch declared to be 'not of standard quality' or fails to make payment in lieu of that, the contract of the firm is liable to be cancelled and the firm may be debarred for two years for making supplies to the Institute, in respect of one or more or all the items in the Rate Contract of the ILBS. (J) Delivery of Stores & Penalty Clause: - The delivery of stores must be completed within stipulated delivery period as mentioned in Annual Rate Contract and Purchase Order issued there under. In case of failure to provide replacement of rejected supply within the stipulated delivery period for the supply or, the supply is less than 95% of the PO value of the supply, in respect of that supply order will be considered as incomplete. (a) For delayed supply A penalty of 1% of the balance value of Supply Order per week will be imposed subject to a maximum of 5 % of the balance value of that Purchase Order. (b) For Non-Supply: (i) The Purchaser may procure the stores on risk purchase basis. (c) For delay in providing replacement:- In case the firm fails to provide free replacement of any quantity deteriorated in potency, strength etc., before the date of expiry marked on the labels a penalty of 1% of the total value of such quantity of such stores per week will be imposed subject to a maximum of 5 % of the total value along-with recovery of the cost of such store. (K) Risk Purchase: In case the firm fails to supply the stores against the Purchase order within the stipulated time period, ILBS reserves the right to purchase the stores from other sources as risk purchase, i.e. purchase from any other firm or firms, in the rate contract or from outside the contract at the discretion of the Director, ILBS at the market rate and the difference in cost, if any, shall be recovered from concerned Rate Contract holder. In case any such contingency arises, apart from risk purchase, other penal actions like debarring from participating in future tenders floated by ILBS/ other Delhi Government hospitals/ Departments, closure of further business etc. could be initiated. (L) Disputes: - Judicial jurisdiction for all disputes arising out of this tender / contract shall be Delhi courts only. (M) Arbitration: - All Disputes and differences arising out of, or in any way, concerning Annual Rate Contract (Except those the decision whereof is otherwise hereinbefore provided for) shall be, referred for sole arbitration by an Arbitrator to be appointed by the Director, ILBS. The award of the arbitrator so appointed shall be final and binding on both the parties. 12

13 PART - III I. PROCESSING OF THE E-TENDER (A) PROCESSING OF TENDER AFTER SUBMISSION: i. The tender evaluation shall involve the following three steps:- (B) Tender Opening: i. The uploaded E-Tenders shall be opened on line at the scheduled time and date. ii. Hard copies of Eligibility Bid documents along with Bid Security and Technical Bid Documents in separate are required to be submitted in the O/O DHO(M-II), ILBS by the Last date and time for receipt of bids, invariably. (C) Eligibility Evaluation: - i. The eligibility of the Bidder(s) shall be examined by the Bid Evaluation Committee with regard to documents provided/information uploaded. a. Bidders found to be Eligible on examination of information uploaded shall be considered for next stage and the Date and time will be informed telephonically and/or through , to Eligible bidders only. b. In case of non submission of bid security in original, the tender would be rejected without assigning any reason whatsoever unless the Bidder has uploaded valid exemption certificate as per clause B (v) of Part II. (D) Technical Evaluation: - i. The technical bid shall be opened online at the scheduled time and date. All statements, documents, certificates, etc, uploaded by the Bidder will be downloaded for technical evaluation. ii. The eligibility of the Technical Bid shall be examined by the Technical Evaluation Committee with regards to quoted items. iii. The technical bid shall be examined, on the basis of information/documents uploaded by the Bidder with the Technical bid and professional recommendations of the Technical Evaluation Committee (TEC). iv. Committee shall recommend the original research molecules or first approved generic launched in India (Q1) and all other technically responsive bidders of drugs and medicine for opening of the financial bids. Decision of the Committee in this regard shall be binding and final. v. T TEC T of any of the following conditions:- a. Not meeting specifications b. On the basis of past Clinical experience c. Previous poor performance d. New item sample not provided, despite demand. e. Sample found not acceptable due to any reason f. Any other reason 13

14 vi. The bid shall qualify for the price bid evaluation in respect of those items which are considered technically responsive by TEC. (E) Price Bid Evaluation: - i. The E- Price Bid (Annexure-C) shall be opened on a specified date and time in the similar manner as mentioned in above Para (D)(i). No hard copies shall be entertained. ii. Price bid of only those items shall be considered for price comparision which shall be found to be technically responsive by TEC. iii. The date and time of E-Price Bid opening shall be intimated to all technically responsive bidders on their official Fax no &/or as mentioned in the uploaded bid. No communication in this regard shall be sent to unresponsive bidder (s). iv. The Evaluation Committee reserves the right to make the prices equivalent for different Bids of a product in case required on account of some variation in unit quoted and if deemed appropriate for the purpose of comparison between prices of different bids. Strict compliance to prescribed format is required to minimize such situation. Such correction for making different bids equivalent shall be made on final price quoted (including all taxes and VAT wherever applicable). v. Shortlisted Bidders may be issued award of tender or called for Price Negotiation, if deemed appropriate. vi. The issuance of award of tender for the annual rate contract would only mention the final negotiated price for the successfully quoted items without the quantity of products needed. vii. Purchase order: Shall be based on Annual Rate Contract mentioned in award of tender throughout the currency of the contract. Each time a Purchase order is placed by ILBS, it shall not have detailed conditions of award of tender documents attached with it. However, all the terms & conditions of the contract during its currency shall be deemed to be active for all Purchase orders shall form integral part of purchase order. 14

15 II. METHOD OF EVALUATION The bid shall be assessed as per following system: 1) Grading of Tendered Product: At technical evaluation stage, for each category of tendered item shall be selected and only these shall qualify for price bid opening. 2) Once the price bid is opened; L1 vendor shall be called for negotiations. The final negotiated price of L1 shall be counter offered to the L2 bidder if so desired by CA. However revised rate of L2 shall not be intimates to L1 vender for giving counter offer. L1 shall be specifically informed that it may, if it so desires, reduce its price further and send its revised offer accordingly as above. The Bidder who accepts the counter offer rate or a rate lower than that shall be awarded parallel rate contracts. If L1 lowers its rate in its revised offer, same shall also be accepted with effect from that date and its rate contract amended accordingly. I. SELECTION OF PRODUCT FOR ANNUAL RATE CONTRACT SHALL BE BASED ON FOLLOWING MATCHING i) If L2 does not agree to match the final negotiated price of L1 a. L1: 100% of first order b. L2 as on requirement basis from the subsequent order only on the specific recommendations of the user dept. ii) If L2 agrees to match the final negotiated price of L1 a. L1: 60% of first order b. L2: 40% of first order Subject to recommendations of the user consultants. 3) Subsequently, efforts shall be made to maintain the same ratio in further procurement processes. 4) However, in case L1 fails to supply certain Drugs and Medicines under RC which are somehow urgently needed by the Institute, in such emergent situations and subject to explicit approval from the Higher Authorities, the Institute shall requisition their purchase from L2 or local purchase of the same item from the other sources at reasonable rates and the difference in cost, if any, shall have to be borne by L1 RC holder. 15

16 PART IV A) DELIVERY PERIOD 1) Complete stores shall be delivered immediately within 07 days for Indian items and 30 days for imported items (In case item is strictly being ordered to foreign company by the dealer) after receipt of order. The successful Bidder shall maintain stocks and shall make deliveries against Purchase orders for such stocks, as and when required within 07 days. 2) If the successful Bidder fails to execute the Purchase order within the stipulated period or to provide replacement of rejected supply within the stipulated delivery period for the supply or the supply is less than 95% of the PO value of the supply, penalty of One (1) per cent of the balance value of the order calculated at the contract rate per week or a part of a week will be levied. The maximum penalty for late supply shall, however, not exceed 5% of the balance value of the order/orders. 3) A successful Bidder can extend the delivery period with the written approval of the Director or person authorized, if he is not in a position to execute the order in time. Such extension is permissible for a maximum period of 4 weeks with due justification and with penalty as prescribed for late delivery. 4) Risk Purchase: In case the firm fails to supply the stores against the Purchase order within the stipulated time period, ILBS reserves the right to purchase the stores from other sources as risk purchase, i.e. purchase from any other firm or firms, in the rate contract or from outside the contract at the discretion of the Director, ILBS at a competitive rate and the difference in cost, if any, shall be recovered from concerned Rate Contract holder. 5) In case any such contingency arises, apart from risk purchase action, other penal actions like debarring from participating in future tenders floated by ILBS/ other Delhi Government hospitals/ Departments, closure of further business etc. could be initiated. 16

17 B) PACKING 1) Tendering firms must mention/quote for the packing if specified against item asked for in the tender in ANNEXURE- C 2) Loose supplies/damaged packing/tempered or damaged labeled supplies shall not be accepted under any circumstances. 3) Supplies to be made in proper boxes. 4) Liquid orals to be supplied only in glass bottles / plastic bottles conforming to IP / Drugs & Cosmetics Act. 5) It should be ensured that only first use packaging material, of uniform size including Bottles and vials is used for making supplies. 6) All primary packing containers should be strictly conforming to the specification included in the relevant pharmacopoeia. 7) Packing should be able to prevent damage or deterioration during transit. C) PAYMENT TERMS 1) Payment of purchase value to the Bidder/Supplier shall be made within 30 days from the submission of the bill, subject to recovery of penalty, LD, if any, after receipt of stores in good & satisfactory condition and the pre-receipted bills are to be submitted in triplicate with necessary information. 2) Bill should be submitted with the concerned stores department before 1.00 p.m. otherwise bill will be deemed to be submitted on the next working day. 3) Payment from ILBS shall be made by electronic fund transfer to the Bidder account by NEFT or RTGS for which purpose Bidders are expected to submit their complete bank details as per sl no. 9 of Annexure A-1. 4) Disputed amount on which clarification is required may be held up till the time matter is sorted out. However, the balance amount shall be released by due date. 5) Payment will be released after due completion of supplies against the order. In case of part supplies, payment shall not be released unless the order is short-closed by the competent authority. 6) In case of items being procured on consignment basis, payment shall be released within earlier. 17

18 ANNEXURE-A Hard copies (original or attested) in respect to all the documents shall be submitted for examination of eligibility bid. ELIGIBILITY NORMS Compliance Report (Yes/No) 1. Covering letter clearly indicating the list of enclosures 2 Original/downloaded tender document duly filled in, signed and stamped by the bidder or authorized representative of the bidder. 3 Bid Security (EMD) 4. Pre-receipted acknowledgement for the refund of Bid Security as per Annexure A-V. 5. General Information of the Bidder duly signed by the bidder or authorized representative of the bidder in the Proforma and format as given in ANNEXURE- A-I 6. Latest /Valid Authorizations from the Principal Company(ies) /Manufacturer (s) to the bidder for its brands/products; 7. Declaration in Annexure A-IV along with attested Copies of following i) Income Tax Return for the last one year, ii) PAN No., iii) VAT Registration Certificate 8. Undertaking on Non-Judicial stamp paper of Rs. 50/- duly notarized and signed by the bidder or authorized representative of the bidder for accepting the Terms and Conditions of the Tender document and to comply with them as per ANNEXURE A II 9. Financial Aspects as per ANNEXURE A VI 18

19 ANNEXURE-A-I GENERAL INFORMATION OF THE BIDDER (To be uploaded in PQB and Original to be sent to the Office of the DHO (M), ILBS, Vasant Kunj, New Delhi, so as to reach before the last date and time of the closing of the bid ) Open E-Tender enquiry No: Tender Document ID No Due for opening on: Name of the Tender 1. Name of the Bidder : 2. Status of the Bidder : (Proprietorship/Partnership/Company) 3. Full Postal Address : 4. Telephone No. : 5. Mobile No. : 6. Fax No. : 7. Address : 8. For exemption from uploading EMD for : Bidders registered under Micro, Small & Medium Enterprises Act 2006, give Registration No. and Certificate specifying monetary limit and enclose a self attested photocopy thereof. 9. Details of the Banker of the Bidder: i) Name of Bank : ii) Address of the Branch: iii) Phone No. : iv) IFS Code: v) Bank A/c No. : vi) Type of A/c: 10. Names of Principal Company (ies)/ Manufacturer (s). (attach addition sheet if required) i ii Signature of witness Full Name of Witness Address of Witness Signature of Bidder Status:- Proprietor/ Partner /Constituted Attorney Name (In CAPITAL LETTERS) Address 19

20 ANNEXURE- A-II DULY NOTARISED UNDERTAKING ON STAMP PAPER (RS. 50/-) Tender No. Due for opening on: Name of the Bidder I W M 1. I/ we am/are the (Manufacturers / Authorized Agents / Distributors above mentioned tender document including amendment/ corrigendum (if any) the receipt of which is hereby confirmed. We have carefully perused the Terms and Conditions of the Tender and subsequent Annual Rate Contract to be entered into, in case of being declared successful, and accept the same and undertake to comply with them. 2. I/we hereby bind myself/ourselves to the Director, ILBS, New Delhi to supply the various items for Director, ILBS, New Delhi for or on behalf of my/our Principal Company(ies)/ Manufacturer(s) during the period under Annual Rate Contract commencing for one year from the date of award of tender. The exclusive showing the rates quoted by me/us for the items tendered for are specified against each. It is certified that rate quoted are lowest quoted for any institution in India. 3. The article shall be of the best quality and kind as per specifications and requirements of the institution. The decision of the Director, ILBS, as regards to the quality and kind of article shall be final and binding on me/us. 4. Bid Security (EMD) of Rs.25000/- is required to be deposited in form of Bank Draft/DD/ Pay Order/BG is attached herewith. 5. I/we shall have no objection to the forfeiture of the Bid Security deposited by me/us, by the Director, ILBS, if I/We withdraws or impairs or derogates the bid in any respect within the period of validity of this offer. 6. I/we shall submit Performance Security equal to Rs. 25,000/- upto estimated annual procurement value of Rs.10,00,000 and equal to Rs. 50,000/- if the estimated annual procurement value is more then Rs.10,00,000, to ensure due performance of the contract within twenty-one (21) days from the date of receipt of communication from the Institute informing acceptance of Bid and amount of Performance Security to be furnished. 7. I/we agree for the all clauses and payment terms and conditions of this tender enquiry. In case 20

21 any condition put forth by us is against the terms and conditions of tender, the same shall be treated as to be having no affect whatsoever and that the tender terms and conditions shall only prevail upon such conditions, if any. 8. I/we shall have no objection to the forfeiture of the Performance Security deposited by me/us, by the Director, ILBS, in case of my/our failure to supply the stores within stipulated time period and ILBS reserves the right to purchase the stocks from other sources as risk purchase, i.e. purchase from any other firm or firms, in the rate contract or from outside the contract at the discretion of the Director, ILBS at a competitive rate and the difference in cost, if any, shall be recovered from me/us. 9. There is no vigilance / CBI case or court case pending against the our firm or any of the partners/directors of the firm. 10. I/we hereby undertake to supply the items during the validity of the tender as per direction given in supply order within the stipulated period. 11. I/we hereby undertake to pay penalty as per terms & conditions for delayed supplies. 12. I/ we understand that the Director, ILBS, New Delhi has the right to accept or reject any or all the tenders without assigning any reason. 13. I/we agree to accept the amount of the bill to be paid by the purchaser after completion of all codal formalities and should any amount of the bill found by the audit office or the Institute to have been over-paid, the amount so found shall be refunded be me/us at the future point of time whenever demanded. 14. It is certified that the rate quoted by me are not higher than the M.R.P/ Prevailing market rate. If it is found false, the firm may be penalized or blacklisted. 15. I/We hereby certify that rates offered by us in the bid are within the price ceiling fixed by National Pharmaceuticals Pricing Authority, Ministry of Chemical & Fertilizers. I/We further undertake that in case there is any down-ward/ upward revision by the NPPA, same will be passed on to the ILBS from the effective date during the currency of the contract and in case of failure to do so I/we shall be liable to be debarred from future ILBS Tender Enquiry for a further period of two years along-with other appropriate action. 16. I/we understand all the terms & conditions of Tender Document, Annexures appended to it including the Agreement and as mentioned elsewhere in the Document and bind myself/ourselves to abide by them. 17. The tender document has been downloaded from the official website i.e. and/or tender website for bidding purpose is a true copy of the original. SIGNATURES OF THE BIDDER WITH STAMP & DATE 21

22 ANNEXURE-A-III Bid Security (EMD) Tender No. Due for opening on: Name of the Bidder Bid Security (EMD) as required by this Tender Enquiry (T/E No. ) is being submitted in the form of Demand Draft/ pay order/fdr/bank Guarantee in original favoring The Director, ILBS and duly discharged in his favour in advance. Details of Demand Draft/Pay order/fdr/bank Guarantee attached: No. Dated Drawn on (Bank) Amount Signature of the Bidder Name & Address with stamp 22

23 ANNEXURE- A IV Income Tax Return & PAN Number Tender No: Due for opening on: Name of the Bidder Copies of Income Tax Return, PAN Number and VAT Registration Certificate as required by this Tender Enquiry (T/E No. ) are being submitted along with this tender as per details given below. Sl. No. Description Remarks i. Copies of Income Tax Return for the Assessment Years (for at least last one year) ii. iii. Copy of Permanent Account Number Copy of VAT/Sales Tax Registration Number Signature of the Bidder Name & Address with stamp 23

24 Annexure A-V Pre Receipt Bid Security (EMD) Bid Security (EMD) as required by this Tender Enquiry (T/E No. ) is received from Director, ILBS back in form of Demand Draft/Pay order/fdr/bank Guarantee. Signature of the Bidder Name & Address with stamp 24

25 Annexure A-VI FINANCIAL ASPECTS: 1. Turnover of the Bidder. Furnish attested copies of Balance Sheet/Profit & Loss account of the firm issued by Banker/ Chartered Accountant, for the preceding one financial year. (Rs. In Lacs) 2. Facilities available from bank: (a) Over draft facilities: (b) Over draft facilities against hypothecation: (c) Others : 3. Names & Addresses of the Bankers of the Bidder 4.Furnish the following information with documents (a) Income Tax PAN : (b) Central Sales Tax Reg No. : (c) VAT Reg No/ TIN : (d) Service tax registration No. 5.. Name & address of the Distributor/ Dealer, if any, located in Delhi NCR. 25

26 Annexure B TECHNICAL ASPECT (compliance sheet) S.No Evaluation Parameter Compliance Report (Yes/No) 1 Product as per required specification Reference of the technical specifications of the products offered along with accessories, if any; 2 Applicable technical documents like literature, catalogues etc. 3 Compliance statement with respect to the required specifications of the indenting Department. 4 Copy of certificate from the DCGI or State Drug Controller/US FDA/CE certification/quality Certificates from SDC/FDA appd labs of manufacturing/marketing valid for quoted products with list of approved items license no. and date. 5 Copy of Wholesale Licence from DCGI/ State Drug Controller/ Import Licesnse in case of product comes under drugs/ cosmetics act. 26

27 MANUFACTURING & MARKETING CERTIFICATE Annexure B-I This is to certify that M/s. are holding valid manufacturing licenses No. dated of the State and they are manufacturing the I The products are as follows:- DETAILS OF MANUFACTURING & MARKETING STATUS OF ITEMS QUOTED: TYPE OF LICENSE S. NO. DESCRIPTION OF THE PRODUCT AND BRAND NAME, IF ANY MANUFACTURED BY MARKETED BY SELF MFG./ LOAN LICENCE / 3RD PARTY PHARMACOPOEAL SPECIFICATION & STRENGTH if any REMARKS So on Note: 1. This certificate is to be signed by the Drug Controller of State if applicable. Certificate issued by Inspector of Drugs/Drug Inspector will not be accepted unless their authorization by the State Drug Controller to this effect is supported by documentary proof. 2. Validity for marketing and/or manufacturing certificate as on the date of opening of the tender. Dated: Signature and seal of Drug Controller of the State 27

28 Annexure B-II LIST OF TENDERED ITEMS (Drugs and Medicines ) TECHNICAL BID Details specified by the purchaser in the lists of requirements. Information to be uploaded by the bidder in the e-tender module in respect of the fields relevant to the items mentioned in the list of items as per excel format (.xls) provided at website as additional document. Annexure C The Financial Bid is to be uploaded at NIC website in the excel sheet attached with a name (.xls) 28

29 Annexure BII Tender Name Tender ID and ref No Name of the Bidder / Agency Address of the Bidder / Agency Sl. Ite N m o. Co de Item name and Descripti on Descripti on Accounti ng Unit Brand ( One Bidder can quote maxim um three brands against each serial No. ) Brand 1 Brand 2 Brand 3 Nam e of the quot ed Bran d Name of the parent compa ny of the Brand Annexure BII Bidde r's / Agenc y Name (This will be auto updat ed from Cell C3) Mention Q1 If quoted Research Molecules/F irst Generic Remar ks (If any) 29