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HEALTH DEPARTMENT,
ZILLA PARISHAD THANE, MAHARASHTRA STATE

Website:- http://www.mahatenders.gov.in

Tender for supply of Medicine (Injection & Tablets)


(For Rate fixation- Upto 31/03/2024)

E Tender Ref.No. 6 :- TZP/HD/STR/WS/457/ 2022-23

Date: - 26/08/2022

1
HEALTH DEPARTMENT,

ZILLA PARISHAD, THANE (MAHARASHTRA STATE)

E -Tender No.6 :- TZP/HD/STR/WS/ 457 /2022-23, Date:- 26/08/2022

District Health Officer, Zilla Parishad Thane invites online E-TENDER in two envelope Systim
from the Manufacturers/ Authorized Distributors/ Stockiest & whole seller for the supply of
Medicines, Consumables and Essential medicines.

Interested E ligible Tenderers may obtain further information of specifications,

Required quantities and other terms and conditions applicable for procurement of As per
attached List from

The E- tendering website --http://www.mahatenders.gov.in

TENDER SCHEDULE
All bid related activities (Process) like Tender Document Download, Bid Preparation and
Hash submission, bid submission and submission of EMD and other documents will be
governed by the time schedule given under Key Dates below:

Date of commencement of sale of : Date: - 26/08/2022 at 17:00 Hrs.


Tender document/Download

Last date for sale of tender document : Date: - 12/09/2022 up to 17:00 Hrs.
Closing of Bid : Date: - 12/09/2022 (17:00 Hrs.)
Time for submission of tender : Date: - 26/08/2022 (17:00 Hrs) to
Date: - 12/09/2022(Up to 17:00 Hrs.).
Date and time of Tender opening : Date: - 13/09/2022 At 17:00 Hrs.

A complete set of tender documents may be purchased by interested eligible tenderer upon
online payment of non-refundable tender fees as above. Bidder has to be pay EMD by online
payment as above through gateway according to time schedule of e- tender procedure.

The tenders shall be rejected summarily upon failure to follow procedure prescribed in
the Tender document. The conditional tender is liable to be rejected.

Chief Executive Officer, Zilla Parishad Thane. Reserves the right to increase or decrease the
quantity to be purchased and also reserves the right to cancel or revise or any of the all the
tenders or part of tenders without giving any reasons there to.

Address For Communication -District Health Office, Alpabachat Bhawan, Opp. Prabhat Gold Cenema
Station Road Thane (W).400601 Ph.No.022/25455205,25369682
E-Mail ID - dhothanestore@gmail.com.
thanedhozp@gmail.com

District Health Officer Chief Executive Officer,


Zilla Parishad Thane. Zilla Parishad Thane.

2
CONTENTS

Clause No. Tender Clause Page No.

1 Introduction 4
2 Eligibility criteria for this tender 5
3 Quality testing requirement 5
4 Labeling 5
5 Cost of bidding 6
6 Clarification of tender document 6
7 Amendment of tender 6
8 Submission of tender 6
9 Deadline for submission of tender 8
10 Opening of tender 8
11 Period of validity of tender 8
12 Earnest money deposit 8
13 Prices 9
14 Evaluation of tenders 9
15 Post qualification 10
16 Security deposit & contract Agreement 10
17 Award of contract 10
18 Period of Contract 10
19 Delivery period & Place of delivery 10
20 Liquidated damages 11
21 Default clause/cancellation on failure to supply 11
22 Govt.GR 1/12/2016 appicable 11
23 Confidentiality 11
24 Waranty 11
25 Payment 12
26 Corrupt or Fraudulent practices 12
27 Settlement of Disputes 12
28 Annexure -
Performa Annexure 1 – Tender Submission Letter 14
Annexure 2 – Proforma for Annual Turnover 15
Annexure 3 – DETAILS OF MANUCFACTURE & 16
DISTRIBUTOR UNIT
Mandatory Performa-1 Documents Submitted in Envelope 17
No.1
Mandatory Performa-2 Documents Submitted in Envelope 18 to 21
No.1
Bank guarantee form for performance security 22
Format of contract agreement 23 to 24
List Of Medicine with specification 25 to 30

3
TERMS AND CONDITIONS

1 Introduction.

1.1 The Chief Executive Officer, Zilla Parishad Thane, here in after referred to as a
“Purchaser “ invites online tender in two Envelope systems for supply of drugs and
Consumables. For use in Government Health Facilities to the Primary Health Centre in
Thane District.

1.2 Interested eligible Tenderer may obtain further information of specification,


required quantities and other terms and conditions applicable for procurement of item
from Government of Maharashtra E-tendering website http://www.mahatenders.gov.in

1.3 All tender related activities (Process) like Tender Document Download, Tender
Preparation and Hash submission, Tender submission and submission of EMD and other
documents will be governed by the time schedule.

1.4 All activities of this tender are carried out online on Website
http://www.mahatenders.gov.in,
The tender document is uploaded / Released on Government of Maharashtra, (GOM)

E-tendering website http://www.mahatenders.gov.in, and has to be downloaded as well as


filledup and submitted online only.

1.5 The quantities mentioned in the Tender are only approximate estimated quantities. The
Chief Executive Officer, Zilla Parishad Thane reserve the right to increase /decrease or
Cancelled the quantities to be purchased without assigning any reason there of.

1.6 If any tenderer wishes to lodge any complaint against the other tenderer regarding
submission of false documents, information etc. The tenderer has to submit the
complaint before price bid opening along with deposit of Rs.50,000 (Rupees Fifty
Thousand only ) in the form of Demand Draft drawn in favour of Chief Accounts and
Finance Officer Zilla Parishad Thane. Payable at Thane in terms of deposit. This i s s u e
w i l l submit to Chief Executive Officer, Zilla Parishad, Thane Along with facts. The amount
so deposited shall be refunded if after scrutiny the complaint is found to be true by the
Chief Executive Officer Zilla Parishad Thane. However, if the c o m p l a i n t found t o b e false
and mollified the deposit will be forfeited. No interest shall be paid against this deposit.
Any complaint received after price bid opening will not be entertained.

1.7 Chief Executive Officer Zilla Parishad Thane reserves the right to cancel the tender process in
technical problem.

1.8 Order will be placed to subject of requirement of Medicine and availability of funds.

1.9 Medicine and consumable should be transported Door dilevary at Thane Drugs warehous

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2. Eligibility Criteria for this Tender:
2.1 The minimum average annual turnover of the bidder shall be Rs. 1 5 0 lakhs for the period
of Past three years i.e. 2019-20 , 2020-21 & 2021-22
2.2 Tenderer shall produce Certificate from Chartered Accountant for Annual turnover of past
3 years of 2019-20, 2020-21 & 2021-22 years in the format given in Annexure - 2.

2.3 Tenderer must have authority letter of manufacturer to coat the Medicine and consumable
items.

2.4 The Tenderer should be either Manufacturer or Distributor/stockiest/whole seller having


relevant Drug License as per Drugs and Cosmetics Act, 1940 and such a license should be valid
as on the date of Tender submission. Loan Licensee/third party licensee not allowed.

2.5 Tenderer should submit drug wise WHO-GMP certificate or under schedule -M for coated
items valid at the time and date of bid submission, issued by competent authority of Food &
Drugs Department (to the principal manufacturer) and should be enclosed with the bid. For
consumable and equipment material should submit ISI /CE/ISO/BIS etc certificate. Bid without
Above certificate shall be rejected.

2.6 The Tenderer and tenderer’s principal manufacturer, if tenderer is authorized


distributor/stockiest/whole seller should not be blacklisted either by the Tender Inviting
Authority or by any State Government or by Government of India. An affidavit on Rs. 100/-
stamp paper by the tenderer should be submitted in this regard certifying that the tenderer or its
Principal manufacturer (if applicable) is eligible to participate in the bid process.

2.7 No guarantee is given for issue of order of total quantity mentioned in the tender document.
The bidder has to supply quantity as may be ordered by the Direct Demanding Officers during
the currency of the contract.

2.8 After Placement of order if supplier fail to supply material within specified time
period legal action will be taken on supplier.

3 Quality Testing Requirements:


(a) The medicines including its packing (packaging), to be supplied, shall be of the best quality
& WHO-GMP / COPP certified and shall comply with the specifications given in the Tender
Document.

(b) Medicine should be supplied with its batch wise quality certificate, complying all the
applicable tests as per relevant pharmacopeia.

(c) If any of the drug, supplied by the tenderer, found to be ‘Not of Standard Quality’ after
the delivery but before the expiry of drugs (Short expiry drug should not be accepted
within one year), the tenderer should supply the whole batch quantity again irrespective of
Consumption of that particular batch quantity. The balance stock, if any, should be taken
back within 7 days by the supplier at his/her own cost otherwise the authority will destroy
it and no claim in this regard shall be entertained.

4. Labeling: –
The word “For use of Goverment Not for sale” should be printed Or Stamped on each box /
unit pack.

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5. Cost of bidding
The tenderer shall bear all costs associated with the preparation and submission of
their online tenders and the Purchaser will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the tendering process.

6.. Clarification of tender document


A prospective tenderer requiring any clarification of the tender document shall contact the
Purchaser by Letter or e-mail in 7 days prior of the last date & time of closing sale of tender. Email
dhothanestore@gmail.com for tendering process related and queries can be sent. Prospective
tenderers requiring any clarification after the last date will not be entertained

7. Amendment of tender

Document-
7.1 At any time prior to the deadline for Sale of tender, the Purchaser may amend the
tender documents by issuing Agenda / Corrigendum.

7.2 Any addendum/corrigendum as well as clarification thus issued shall be a part of the
Tender documents and it will be assumed that the information contained in the
amendment will have been taken into account by the Tenderer in its tender.

7.3 Information about those who have purchased the tender documents will be placed on

Website.

7.4 To give prospective Tenderer reasonable time in which to take the amendment into
account in preparing their tenders, the Purchaser shall extend, at its discretion, the
deadline for submission of tenders, in which case, the Purchaser will notify all tenderer by
placing it on website of the extended deadline and will be binding on them.

8. Submission of tenders:
Tender should be submitted on or before last date of submission. Tender should be
submitted through website http://www.mahatenders.gov.in

Online only in two envelopes i.e. Technical Bid in envelop no.1 & Commercial bid in
Envelop no. 2. The EMD as required in the tender documents should invariably be
submitted online only.

8.1 Late tender offers:

Late tender fee, EMD, or other papers to be submitted on or before sale close of
tender on any count shall be rejected summarily. Delay due to Post or any other reason (
for example: electricity/internet etc ) will not be condoned.

8.2 Envelope No. 1 (Technical Bid):

Technical offer must be submitted online at http://www.mahatenders.gov.in as per


the instructions on the portal. The tenderer must upload the following documents as
per e- tendering process. FOLLOWING DOCUMENTS ARE MANDATORY & SHOULD
BE ENCLOSED IN SEQUENCE & ORDER

(Technical Bid): Technical offer must be submitted.

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The tenderer must submit the following documents along with the tender.

(1) Tender Submission Letter as per Annexure-1 with sign & stamp of firm.

(2) If Tenderer is manufacturer then he should submit self attested photocopy of factory
license or Manufacturing license issued by respective State Government.

(3) If Tenderer is distributor then he should submit original authorization letter of


manufacturer addresses to District Health Officer,Zilla Parishad Thane.
Copy of drug license issued by FDA and supplier shop establishment Registration
certificate duly renewed

( 4) Drug License for manufacturing / stockist, selling and distribution (whichever

appropriate) of the Medicine quoted duly approved by the Licensing authority for

each schedule of product quoted as per specification in the tender.

(5) Market standing of the product coated for last three year certified by CA / FDA.

(6)Tenderer should submit WHO - GMP certificate or under schedule M item wise approved
product list (COPP) valid at the time and date of bid submission, issued by competent
authority of Food & Drugs department to the principal manufacturer.

(7) Annual turnover statement for last 3 years 2019-20 , 2020-21 & 2021-22 in the format
Given in Annexure -2 certified by the Chartered Accountant.

(8) GST Registration certificate and GST Payment Challan Copy for the month of

March 2022

(9) Self attested Pan Card photo copy and Income tax Return Certificate for financial year

2021-22 and Assessment year 2022-23.

(10) Online Tender fee slip Rs. 17,000 /-

(11) Online Tender EMD slip .Rs 6,00,000 /-

(12) Affidavit on non-judicial stamp paper of Rs.100/- regarding misconduct, or

Blacklisted/debarred for the quoted product by Public Health Department, Govt. of

Maharashtra or by any local authority and other State Government /

Central Government’s organizations on the date of submission tender document for

the quoted item.

(13)Also Affidavit on non-judicial stamp paper of Rs. 1 00/- regarding rates coated drug

Should not more than MRP / DPCO / NPPA.

(14). Tenderer should produce his Valid Non-Convection Certificate issued by FDA
(should not be old than 1 year from date of sale period)

(15) If manufacturer is small scale industries then relevant certificate must be uploaded.

(16) Other relevant documents required as per tender terms & conditions.

8.3 Envelope No. 2 (Price bid):

All Commercial offers must be submitted online at http://www.mahatenders.gov.in

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(a) as per the instructions on the portal.

(b) Medicine Rates should be quoted in the BOQ only Basic rate include door delivery
charges. ( Rate Quoted Per Unit ). Tenderers are strictly prohibited to change / alter
specifications or unit size while quoting.

9. Deadline for submission of tenders


9.1 For Submission of tender, Tenderers must complete the online bid submission stage as per
online schedule of the tender.

9.2 The Purchaser may, at his discretion, extend the deadline for the submission of tenders by
amending the tender document in which case all rights and obligations of the Purchaser
and Tenderer previously subject to the deadline will thereafter be subject to the deadline
as extended.

9.3 Offers not submitted online will not be entertained

10. Opening of tender


On the date and time specified in the tender notice following procedure will be
adopted for opening of tender for which tenderer is free to attend himself or depute
an authorized officer as his representative.

10.1 Opening of Envelope No.1 (Technical bid)


Envelope No.1 (Technical bid) of the tenderer will be opened in the presence of
Tender opening authority and in the presence / Absence of tenderer / their
Representatives through e-tendering procedure.
10.2 Opening of Envelope No.2

This envelope shall be opened as per e-tendering procedure after opening of


Envelope No.1 (Technical bid). Likely date & time of price bid opening will be
forth working day after completion of technical scrutiny.

11. Period of Validity of tenders:


The tenders shall remain valid for a period of 120 days after the date of opening
of Envelope No. 2. A bid valid for a shorter period shall be rejected.

12. Earnest Money Deposit:


12.1 All tenders must be accompanied with Earnest Money Deposit Of Rs. 6,00,000 /-
(EMD online) and Tender Fee Rs 17000/-(Online) After Financial Evalution L1 Tenderer
Shoud be submited Additional EMD as per office requirment .

12.2 The EMD shall be submitted online.

12.3 The tenders submitted without EMD will be summarily rejected.

12.4 Unsuccessful tenderer’s EMD will be discharged / returned w i t h i n a period of 30


days after award of contract to the successful bidder.

12.5 Tenderer shall not be entitled for any interest on EMD / Security deposit.

12.6 The successful tenderer’s EMD will be discharged after signing the Contract and

Submitting the security deposit as stipulated.

12.7 The EMD shall be forfeited:

a) Tenderer fails to accept the purchase order.

b) If a Tenderer withdraws its tender during the period of bid validity as specified in
the Tender.
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c) In case of a successful Tender, if the tenderer fails:

(i) To sign the Contract in accordance with terms and conditions or

(ii)To furnish security deposit as per tender.

12.8 As per Gov. GR Dated 1.12.2016 Manufacturing Firms who registered for offered product
with Directorate General of Supplies & Disposal (D.G.S. & D), Maharashtra Small Scale Industries
(M.S.M.E) & National Small Scale Industries Corporation (N.S.I.C) will be granted exemption from
payment of EMD in respect of tender item as specified in the technical specifications is mentioned
in the registration certificate & E M part II which has been produced for exemption.

13. Prices:
13.1 The prices quoted and accepted will be binding on the tenderer and valid for a period t i l l
31/03/2024 Month from the date of signing the contract and any increase in price will
not be entertained during the contract period.Loose medicines will not be accepted

13.2 Rates should be quoted without include Transport etc) Indian Rupees only for each of the
required item separately on door delivery basis according to the unit asked for strictly
in the BOQ. Tender for the supply of item quoted in the bid with conditions like ‘AT
CURRENT MARKET RATES’ shall not be accepted. The Purchaser shall not be
responsible for damages, handling, clearing, transport charges etc. will not be paid. The
deliveries should be made as stipulated in the purchase order placed with successful
tenderer. Conditional tenders are not accepted and liable for rejection.

13.3 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 morally and statutorily bound to inform the Purchaser
immediately about such reduction i n the contracted prices.The Purchaser is
empowered t o reduce the rates accordingly.

14. Evaluation of tenders:


14.1 After opening of Envelope No. 1 (Technical bid), on the scheduled date, time and venue,

the Purchaser shall examine the contents of the tenders received online through e-
tendering process along with all prescribed mandatory documents.

14.2 The Purchaser shall scrutinize the documents mentioned above for its eligibility, validity,
applicability, compliance and substantiation including post qualification criteria
stipulated in tender document.

14.3 The Purchaser shall also analyse that there is no collusive or fraudulent practice involved
in the entire tendering process amongst all the tenders received.

14.4 The technical scrutiny shall be on the basis of submitted substantiation documents.

14.5 Any tender during the evaluation process do not meet the tender conditions laid down in
the tender document will be declared as not acceptable and such tenders shall not
be considered for further evaluation.

14.6 Tenders which are in full conformity with tender requirements and conditions shall be
declared as Eligible Tender for opening Envelop no. 2.
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15. Post Qualification:
The Purchaser will further evaluate the Tenderer’s financial and technical capabilities
based on the documentary evidence and information submitted by the Tenderer as well
as other information the Purchaser deems necessary and appropriate.

16. Security Deposit & Contract Agreement


16.1 The successful tenderer shall furnish the security deposit to the Purchaser within 10 days
from the date of communication of Acceptance of Tender for an amount of 3% of
the contract value and contract of agreement of tender as per terms and condition on
non- judicial stamp paper of Rs. 100/- to this office.

16.2 The Security Deposit should be in the form of unconditional irrevocable Bank Guarantee
pledged to Tender Inviting Authority valid for 12 months from the date of signing of the
agreement in favour of the “Chief Accounts and Finance Officer, Zill Parishad Thane , payable
at Thane . On security deposit no interest paid to tenderer.

16.3 The Security Deposit will be discharged by the Purchaser and returned to the Supplier after
365 days, following the date of completion of the Supplier’s performance obligations under
the contract.

16.4 The security deposit shall be forfeited as a compensation for any loss resulting from the
failure to perform the obligations under the contract or in the event of termination of the
contract or in any event as the Purchaser thinks fit and proper.

17. Award of contract:


17.1 The Purchaser will award the contract to the successful tenderer whose tender has been
determined to be substantially responsive and has been determined as lowest evaluated
tender, provided further that the tender is determined to be qualified to perform
the contract satisfactorily. The Purchaser will place supply orders on staggered basis,
if necessary, during the contract period to the lowest evaluated responsive tenderer and
will be governed by all the terms and conditions stipulated in the tender document.

17.2 The Purchaser reserves the right to increase or decrease the quantity to be purchased
and also reserves the right to cancel or revise or any of the all the tenders or part of
tenders without giving any reasons thereto with no cost to the Purchaser.

18. Period of Contract:


The period of Rate ( contract )will be valid till upto 31/03/2024 from the date of
execution of the contract,rate will be fixed , order will be given as per budget
availability , Administration Approval, Technical sanction from various scheme’s
Dpdc, Nhm,state budget, ZP cess etc .However Prior to the expiration of the Rate
contact validity the Purchaser may request the tenderer to extend the rate
contract validity for the period as required by the Purchaser.

19. Delivery Period & Place of delivery:


The Medicines should be delivered 30 days from the date of receipt of supply order to
the consignee on office day during 10 AM to 6.00 PM. Supplied drug/consumable have a
sufficient self life. The consignees may be t h e District Health Office, Zilha Parishad
Thane, in the supply order on door delivery.Or Block level selected Primary health
centers in the district as per quantity indicated in the supply order on door delivery
basis.

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20. Liquidated damages:
If the Supplier fails to deliver any or all of the goods within the period(s) specified
in the Contract, the Purchaser shall, without prejudice to its other remedies under the
Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to
0.5% of the delivered price of the delayed goods for each week or part thereof of delay
until actual delivery, up to a maximum deduction of 5 %. Once the maximum is reached,
the Purchaser may consider for termination of the Contract

21. Default Clause / Cancellation on failure to supply:


If the supplier fails to commence delivery as scheduled or to deliver the
quantities ordered to him within the delivery period stipulated in the contract, it shall
be discretion of the purchaser either. (a) to extend the delivery period or (b) to cancel
the contract in whole or in part for the unsupplied quantities without any show cause
notice. In the event of extension, liquidated damages, will be applicable. If the
purchaser decides to cancel the contract, the mode of repurchase will be at the
discretion of the purchaser. The supplier shall be liable to pay any loss by way of
extra expenditure or other incidental expenses, which the purchaser may sustain on
account of such repurchase at the risk and cost of the supplier. In addition to action
above, the purchaser may debar the defaulting supplier from future orders, for
maximum period of 3 years. In any case the supplier will stand debarred for future
contracts for the period till extra expenditure on account of cancellation and
repurchase in terms of action above is paid by the supplier or recovered From his bill
for supplied goods against any orders with the purchaser or his authorized consultants
/ agents.

22. Govt. G.R.:


The Govt. Orders issued by industries department G.R. dated:- 01.12.2016 & Public
Health Department, Rural Development Govt. of Maharashtra time to time will be
applicable to this tender.

23. Confidentiality:
Information relating to the examination, clarification, evaluation, and comparison of
tenders, and recommendations for the award of a Contract shall not be disclosed to
tenderer or any other persons not officially concerned with such process until the
notification of Contract award is made.

23.1 Any effort by the tenderer to influence the Purchaser in the Purchaser’s bid
Evaluation, bid comparison, or contract award decisions may result in the rejection of
the Tenderer’s bid.

23.2 Tenderer should submit experience certificate or proof of supply of Medicines/goods in


Govt. Institute

24. Warranty: (for Expiry)


24.1 All Goods manufacturing date must not be more than 6 month from the date supply.

24.2 The Supplier should submit the written warranty that all goods supplied under the

Contract will have at least 3/4th of shelf life at the time of supply.

24.3 The supplier shall, within the period of 15 days replace the defective goods without
cost to purchaser; the supplier will be entitled to remove, at his own risk and cost.

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25. Payment
25.1 The 100% Payment shall be made upon submission of following documents:
(i) T r i p l i c a t e copies of supplier's invoice.
(ii) S a t i s f a c t o r y M e d i c i n e analysis report /In case of vaccine (central drug
laboratories kasauli) batch wise.
25.2 The purchaser shall have every right to deduct the pending dues on account of loss,
Compensation, or any remedial action in monetary terms from the said payment. The
supplier shall not agitate the said issue in future.

25.3 The Order Supply will be issued in the name of L1 Tenderer and after supplying the
medicine or consumables the bill should be produced only of L1 tenderer. Any Sub-
distributor or any other authorize person will not be entertained for raising the bill. All
Govt. Taxes will be deducted while making the payment.

26. Corrupt or Fraudulent Practices


26.1 The Purchaser as well as Tenderer shall observe the highest standard of ethics
during the procurement and execution of such contracts.

26.2 “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.

26.3 Fraudulent practice” means a misrepresentation or omission of facts in order to


Influence a procurement process or the execution of a contract to the detriment
of purchaser and includes collusive practice among Tenderer (prior to or after
tender submission) designed to establish tender prices at artificial non-competitive
levels and to deprive the Purchaser of the benefits of free and open competition.

26.4 “Collusive practice” means a scheme or arrangement between two or more


tenderer, with or without the knowledge of the Purchaser, designed to establish
tender prices at artificial, non competitive level; and.

26.5 “Coercive practice” means harming or threatening to harm, directly or


indirectly, persons or their property to influence their participation in the
procurement process or effect the execution of the contract.

26.6 “The Purchaser will reject a tender for award if it determines that the tenderer
recommended for award has directly or through an agent engaged in corrupt
or fraudulent practices in competing for the contract in question;.

26.7 The Purchaser will declare a firm or individual as ineligible, either indefinitely or
for a stated period of time, to be awarded a contract if it at any time determines
that they have, directly or through an agent, engaged in corrupt, fraudulent,
collusive or coercive practices in competing for, or in executing, a contract

27. Settlement of Disputes


27. 1 Resolution of dispute:

In the event of any question, dispute or differences in respect of contract or terms and
conditions of the contract or interpretation of the terms and conditions or part of the
terms and conditions of the contract arises, the parties may mutually settle the dispute
amicably.

27.2 Arbitration:

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In the event of failure to settle the dispute amicably between the parties, the same
shall be referred to the sole arbitrator Government of Maharashtra. The award passed
by the sole Arbitrator shall be final and binding on the parties. The arbitration
proceedings shall be carried out as per the Indian Arbitration and Conciliation Act, 1996
and the rules made hereunder.

27.3 Governing Language:

English language version of the contract shall govern its interpretation.

27.4 Applicable Laws:

The contract shall be governed in accordance with the law prevailing in India, Act,
Rules, Amendments and orders made thereon from time to time.

27.5 Indemnification

The contractor shall indemnify the purchaser against all actions, suit, claims and demand or
in respect of anything done or omitted to be done by contractor in connection with the
contract and against any losses or damages to the purchaser in consequence of any action
or suit being brought against the contractor for anything done or omitted to be done by
the contractor in the execution of the contract.

27.6. Jurisdiction

If any of the tender list items are supplied through Haffkine Procrument Cell ,
then the supply quantity of the mentioned items may be decrease Or that
particular supply order will not be given.

All the suits arising out of the contract shall be instituted in the court of competent
jurisdiction situated in Thane, M a h a r a s h t r a St a t e only and not elsewhere.

27.7 Saving clause

No suits, prosecution or any legal proceedings shall lie against the Chief Executive Officer,
Zilha Parishad, Thane or any person for anything that is done in good faith or intended to be
done in pursuance of tender.

Total Terms & conditions- 1 to 27.

District Health Officer, Cheif Executive Officer,


Zilla Parishad Thane. Zilla Parishad Thane.

13
ANNEXURE -1

Tender Submission Letter

To,

Cheif Executive Officer,

Zilla Parishad Thane

400601

Dear Sir

Having examined the tender document, the receipt of which is hereby acknowledged,
we the undersigned, offer to supply and deliver the goods under the above-named Contract
in full conformity with the said tender document and our financial offer in the Price schedule
submitted in Envelop No. 2 which is made part of this tender.

We undertake, if our tender is accepted, to deliver the goods in accordance with the
delivery schedule specified in the tender document.

If our tender is accepted, we undertake to submit the security deposit in the form, in the
amounts, and within the times specified in the tender document.

We agree to abide by this tender, for the Tender Validity Period specified in the tender
document and it shall remain binding upon us and may be accepted by you at any time before the
expiration of that period.

Until the formal final Contract is prepared and executed between us, this tender
together with your written acceptance of the tender and your Acceptance of Tender shall
constitute a binding Contract between us. We understand that you are not bound to accept the
lowest or any tender you may receive.

Signed:

In the capacity of

Date:

Duly authorized to sign this bid for and on behalf of

Signature & stamp of tender

14
ANNEXURE -2

ANNUAL TURN OVER STATEMEMT F0R THREE YEARS

Year - 2019-20, 2020-21 & 2021-22

The Annual Turnover of M/s for the past

Three years are given below and certified that the statement is true and correct.

Sr. No. Year Turnover


(Average)
Rs.
1 2019-2020

2 2020-2021

3 2021-2022

Total Average Turnover Rs.

Date: - Seal

Signature of Auditor/

Chartered Accountant

Name (in capital letters)

15
ANNEXURE -3
DETAILS OF MANUCFACTURE & DISTRIBUTOR UNIT

(Supplier to Submit their Own Information)

1. Name of the Tenderer :

2. Full Address :

3. Phone Nos :

4. Fax No :

5. Email ID :

6. Date of Inception:

7. Licence No & Date :

8. Issued by :

9. Valid up to:

10. RTGS (Real Time Gross Settlement) System or Core Banking A/C

No.

Name & Designation of authorized signatory:

Specimen Signature of authorized signatory:

Note : The Details of manufacture & distributor unit shall be for the premises where item
quoted are actually manufactured.

16
Mandatory Proforma No-1
Self attested Documents Submitted in Envelope No.1 (Online)

Sr.No Documents Submitted Yes/No

1 Annexure - 1 :- (Tender Submission Letter ) duly signed and stamped


2 If Tenderer is Authorized distributor :- Original authorization letter of
manufacturer addresses to District Health Officer, Zilla Parishad Thane, Copy
of Drug License issued by FDA and shop establishment registration certificate
duly renewed.
3 Self attested copy of relevant drug License for manufacturing/stocking,
selling and distribution (whichever appropriate) of the product quoted duly
approved by the Licensing authority for each schedule of product quoted as
per specification in the tender.
4 WHO-GMP certificate with COPP or schedule M valid at the time and date
of bid submission, issued by competent authority of Food & Drugs
department to the principal manufacturer,
5 Annexure -2 :- Annual turnover statement for last 3 years 2019-20 & 2020-
21 & 2021-22 in the format given in Annexure -2 certified by the Chartered
Accountant,
6 Self attested copy of GST NO Registration Certificate.
7 Latest Self attested copy of GST Payment challan & GSTR Copy

8 Self attested copy of PAN Card.


9 Online Tender fee & EMD slip
10 Affidavit on non-judicial stamp paper of Rs.100/- regarding the firm has not
been found guilty of malpractice, misconduct, or blacklisted/debarred
either by Public Health Department, Govt. of Maharashtra or by any local
authority and other State
11 Affidavit on non-judicial stamp paper of Rs.100/- regarding rates coated
should not more than MRP / DPCO / NPPA.
12 Non conviction certificate of manufacturer issued by FDA.

13 Additional Information Related to Tender

Date: - Signature & Stamp of Tenderer

17
Mandatory Proforma No-2
Documents Submitted in Envelope No.1 (Online)

Self Attested Documents Submitted


(WHO - GMP certificate with COPP in respect of all quoted items valid at the time and date of bid
submission, issued by competent authority of Food & Drugs department to the principal
manufacturer)
Name of Manufacture to be Valid WHO-GMP
filled (As per Specification) Certificate with
Sr
Name of medicine item list OR
No
Copp As On Date
YES/NO
1 Adrenaline Inj 1 mg 1 ml Amp
Aminophylline Inj 25 mg/ml 10
2
ml
3 Ampicillin Inj 1 gm Vial

4 Atropine Inj 0.6 mg/ml 1 ml

Anti Rabies Vaccine IM (Human


5
Tissue culture) 0.5 ml

Anti Rabies Vaccine ID (Human


6
Tissue culture) 0.5 ml
Rabies immunoglobin - Anti
7
Rabies Serum Inj 2 ml
Antiscorpion Venum Serum Inj
8
10 ml
9 B complex Inj 10 ml vial

10 Cefotoxime Inj 1 gm Vial

11 Dexamethasone Inj 4 mg 2 ml

12 Diazepam Inj 5 mg 2 ml Amp


Diclofenac Sodium Inj 25 mg/ml
13
3 ml Amp
Hydrocortisone Sodium
14
Succinate Inj 100 mg Vial
Magenesium sulphate Inj 50 %
15
w/v - 2 ml
Pheniramine Maleate Inj
16
22.75mg/2ml
17 Oxytocin Inj 5 IU 1 ml
Tetanus Toxoid& 40 Adsorbed&
18
41 I.P.
Vitamin K Inj (Menadione)
19
l0mg/ml Inj 1 ml amp [ 209.1 ]
Lignocaine HCI I.P Inj 2 % 30 ml
20
Vial
21 Gentamycine Inj 40 mg/ml 2 ml

22 Neostigmine Inj 0.5 mg 1 ml Amp

Promethazine Inj 25 mg/ml 2 ml


23
Amp

24 Pentazocine Inj 30 mg 1 ml Amp

18
Name of Manufacture to be Valid WHO-GMP
filled (As per Specification Certificate with
Sr
Name of medicine list) item list OR
No
Copp As On Date
YES/NO
25 Pentaprazole 40 mg 10 ml
Sodium bicarbonate Inj 7.5 % 10
26
ml
27 Tramadol Inj 50 mg 2 ml Amp

28 Cefotoxime Inj 500 mg Vial


Ondansetron Inj 2 mg/ml 2 ml
29
Amp
Paracetamol Inj 150 mg/ml 2 ml
30
Amp
31 Ranitidine Inj 25 mg 2 ml Amp
Cefoperazone and Sulbactum for
32
Inj 500 mg+ 500 mg Vial
Calcium Gluconate Inj 100 mg/ml
33
10 ml
34 Frusemide Inj 10 mg/ml 2 ml
Etophylin + Theophylline Inj 2
35
ml
Methyl Ergometrine Inj 0.2
36
mg/ml 1 ml
37 Frusemide Inj 10 mg/ml 2 ml
Iron Sucrose Inj 50 mg in 2.5ml
38
Amp (Parenteral Iron)
Ciprofloxacin I.V Inj 200 mg 100
39
ml Bottle
Metronidazole I.V Inj 500 mg 100
40
ml Bottle

41 Ringer Lactate I.V 500 ml Bottle

I.V. Sodium Chloride (Normal


42
saline) 0.9% 500 ml Bottle

I.V. Sodium Chloride (Normal


43
saline) 0.9% 100 ml Bottle

I.V. Dextrose with Normal Saline


44
500 ml bottle

45 Dextrose I.V 5 % 500 ml Bottle

46 Amlodepine Tab 5 mg

47 Azithromycin Tab 500 mg


Amoxycillin + Clavulanic acid Tab
48
500 mg +125 mg

Cotrimoxazole SS (Trimethoprim
49 + Sulphamethoxazole) Tab 80 mg
+ 400 mg

Trimethoprim +
50
Sulphamethoxazole Paed Tab

51 Diazepam Tab 5 mg

19
Name of Manufacture to be Valid WHO-GMP
filled (As per Specification) Certificate with
Sr
Name of medicine item list OR
No
Copp As On Date
YES/NO
Dicyclomine Hydrochloride Tab
52
10 mg
53 Furazolidone Tab 100 mg

54 Glimiperide Tab 2 mg

55 Hydrochlorothiazide Tab 25 mg

56 Metformin Tab 500 mg


Norflox + Tinidazole Tab 400 mg
57
+ 600 mg
58 Ciprofloxacin Tab 500 mg
Ciprofloxacin 500 mg +
59
Metronidazole 500 mg
60 Metronidazole Tab 400 mg

61 Paracetamol Tab 500 mg

62 Ranitidine Tab 150 mg

63 Salbutamol Tab 4 mg

64 Pantoprazole Tab 40 mg

65 Tab. Telmisartan 40mg

66 Tab. Chlorthalidone 6.25mg

67 Tab. Enalapril 5 mg
Cetrizine Hydrochloride Tab 10
68
mg
Dicyclomine Hydrochloride Tab
69
10 mg
70 Ondansetron Tab 4 mg

71 Tab Isosorbide Dinitrate 10 mg

72 Tab Atenelol 50 mg

73 Tab Bisacodyl 10 mg
Tab Chlorpheniramine Maleate 4
74
mg
75 Tab Ibuprofen 400

76 Tab Amoxycillin DT 125 mg

77 Tab Ofloxacin 200 mg

78 Tab Chloroquine base 250 mg

79 Tab.Pramaquine 7.5 mg

80 Tab Calcium Carbonate+ vit D3

81 Tab Labetalol 100 mg

82 Tab. Etophyllin + Theophyillin SR

83 Tab Misoprostol 200 mcg

20
Name of Manufacture to be Valid WHO-GMP
filled (As per Specification ) Certificate with
Sr
Name of medicine item list OR
No
Copp As On Date
YES/NO
84 Tab Methyl Dopa 250 mg
Tab Ascorbic acid (Vitamin C)
85
500 mg
86 Tab Cefuroxime DT 125 mg
Erythromycin Stearate Tab 500
87
mg
88 Cap Amoxycillin 500 mg

89 Cap Itraconazole 100 mg

90 Cap Omeprazole 20 mg
Cap Nifedipine Cap (Liquid) 10
91
mg
92 Cap Ampicillin 250

93 Cap Doxycycline 100 mg

Cap Ferrous Sulphate 150 mg.


94 Folic acid 0.5 mg. (sustain
Realese )

95 Cap Amoxycillin 250 mg

Date: - Signature & Stamp of Tenderer

21
BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

To ,
Chief Executive Officer,

Zilla Parishad Thane.

WHEREAS _____________________________ (Name and address of the supplier) (Hereinafter called


“the supplier”) has undertaken, in pursuance of contract no________________________ dated
_____________ to supply (description of goods and services) (herein after called “the contract”).

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

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

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

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

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

This guarantee shall be valid up to 12 (Twelve) months from the date of Notification of Award i.e. up
to ----------- (indicate date)

…………………………….

(Signature with date of the authorized officer of the Bank) ………………………………………………………….

Name and designation of the officer


………………………………………………………….

Seal, name & address of the Bank and address of the Branch

22
Format of Contract Agreement

THIS AGREEMENT made the........... Day of ........................., 2022 between ___________________


_____________________________ (hereinafter "the Purchaser") of the one part and M/s ______
______________________________ (hereinafter called "the Supplier") of the other part:

WHEREAS the Purchaser is desirous that certain Goods and ancillary services viz. Supply of Drugs and consumables
in the tender reference No. …………….. /2022-23 Dated ………..and has accepted a bid by the Supplier for the supply
of those goods and services for the sum of Rs. ________ /- (Rupees __________________________________ only)
(hereinafter called "the Contract Price").

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned
to them in the Conditions of Contract referred to, and they shall be deemed to form and be read and construed
as part of this agreement.

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

a) The Letter of Acceptance issued by the purchaser.


b) The Notice Inviting Tender
c) The supplier’s bid including enclosures, annexure, etc.
d) The Terms and Conditions of the Contract
e) The Schedule of Requirement
f) The Technical Specification
g) Any other document listed in the supplier’s bid and replies to queries, clarifications issued by the
purchaser, such confirmations given by the bidder which are acceptable to the purchaser and the
entire Addendum issued as forming part of the contract.

3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter


mentioned, the Supplier hereby covenants with the Purchaser to provide, the goods and services and
to remedy defects therein in conformity in all respects with the provisions of the Contract.

4. The purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods and
services and the remedying of defects therein, the Contract Price or such other sum as may become
payable under the provisions of the Contract at the times and in the manner prescribed by the
Contract.
Brief particulars of the goods and services which shall be supplied / provided by the Supplier
are as under.

Sr.No Brief Description of Name of Tender Unit Price GST in % Total value
Drugs manufacturer Qty. in (Rs.) inclusive of all
Nos. taxes

23
DELIVERY SCHEDULE: -

Supply shall complete within 30 days from the date of purchase order

IN WITNESS where of the parties here to have caused this Agreement to be executed in accordance with their
respective laws the day and year first above written.

Signed, Sealed and Delivered by the

Said District Health Officer, Zilla Parishad Thane (on behalf of CEO) (For the Purchaser)

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

Signature

Name

Address

Witness 1. 2.

Signed, Sealed and Delivered by the

Said _____________________________________________ (For the Supplier)

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

Signature

Name

Address

Witness 1. 2.

24

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