Department of Family Welfare

SUPPLY AND SOCIAL MARKETING (SSM) DIVISION

Department of Family Welfare

For Special attention of bidders

“ These tender documents are being put on website for information for the purpose of bidding. All interested bidders need to obtain the hard copy of the bid document from the Ministry of Health & Family Welfare, Department of Family Welfare, after depositing a bank draft of Rs. 5000.00 in each case. (This price is subject to upward revision from time to time).”

Contd……

Ø It should be noted that this WEB PAGE is intended to apprise the prospective bidders in general about the salient features of the tender documents of Department of Family Welfare. The relevant details/guidance for the purpose of submitting the offers for a particular item will be available in tender documents purchased /obtained (as the case may be) from Department of Family Welfare.

Ø Department of Family Welfare reserves all rights on the contents of the tender documents, which are subject to change without any prior notice.

Ø It may also be noted that ‘qualification criteria’ shown in the tender notice of the items is broad based and may vary from item to item in one or more aspects compared to those in tender documents. The ‘qualification criteria’ shown in the tender document of the individual item shall only be authentic and applicable for evaluation of bids.

Ø The tender documents for advertised tenders are priced. The cost fixed for the advertised tenders during 2002-03 was Rs. 5000.00 per set for each item(subject to change in future). The suppliers interested to participate for such tenders, are advised to purchase them from the Officer concerned (shown in the tender notice) of SSM Division, Department of Family Welfare only. The offers are to be submitted on these prescribed forms only along with the original fee coupon to prove their authenticity.

SSM DIVISION *

DEPARTMENT OF FAMILY WELFARE

v SCOPE OF PROCUREMENT

v MODE OF PROCUREMENT AND IT’S GENESIS

v LIST OF ITEMS & MODE OF THEIR PROCUREMENT

v PROCUREMENT PROCESS

v QUALIFICATION CRITERIA

v TENDER NOTICES FOR THE ITEMS PROCURED DURING 2002-03.

v MODEL TENDER DOCUMENTS

v LIST OF BANNED FIRMS

* SUPPLY & SOCIAL MARKETING DIVISION

SCOPE OF PROCUREMENT

The Supply & Social Marketing (SSM) Division of Department of Family Welfare procures Contraceptives/ Equipment, Vaccines and RCH Drug Kits/Equipment etc. under the National Family Welfare Programme of Government of India.

A. CONTRACEPTIVES/ EQUIPMENT & VACCINES

This Division concludes annual rate contracts for Contraceptives (Cu-T, Condom, Oral Contraceptive Pills, Tubal rings)/ Equipment (NSV Instruments), Vaccines (DT, DPT, TT, OPV, BCG, Measles Vaccines.) and places supply orders against them during the year.

The demand is published through invitation of bids in the prominent national dailies, in order to give wide publicity of requirement of items among the trade.

B. RCH DRUG KITS/EQUIPMENTS ETC.

As far as RCH drugs and other items financed through World Bank are concerned, these are procured through two National Procurement Support Agencies (NPSAs) namely M/s Hindustan Latex Limited, Thiruvananthapuram and M/s Hospital Services Consultation Services Corporation (India) Ltd. Noida (UP). The standard Bidding Procedure approved by World Bank is followed by NPSAs. The demand is published through invitation of bids in the prominent national dailies, in order to give wide publicity of requirement of items among the trade.

2. The names and other details of nodal officers in the NPSAs are given below:-

General Manager (Procurement)

M/s Hindustan Latex Limited,

K-39, Lajpat Nagar-II, New Delhi-110024

Phone: 6915142 Telefax: 6915143

Chief General Manager (BU-P)

M/s Hospital Services Consultancy Corporation (India)Ltd.

E-6-A, Sector-1,

Noida, U.P.-201301

Phone 4533009 Telefax: 4533001

MODE OF PROCUREMENT AND IT’S GENESIS

Prior to 1993-94, the Rate Contracts for the items required by the Department of Family Welfare were concluded by DGS&D. After decentralization of certain purchase functions of the DGS&D (under the administrative control of Deptt. of Supply), the work for Rate Contracts was undertaken in the Department of Family Welfare. The procedure prevailing in the DGS&D was adopted with suitable modification, in order to make them legally tenable and compatible for use by this department.

2. Following are the categories of methods of purchase as prescribed in DGS&D Manual:

i) Advertised Tender Enquiry – Generally used for common use items which have large number of established suppliers all over the country.

ii) Global Tender Enquiry – For imported stores where wider competition is considered necessary and the stores are indigenously not available.

iii) Limited Tender Enquiry – When the sources of supply are definitely known and possibility of fresh source beyond those being tapped is remote.

iv) Single Tender Enquiry – To be adopted in case of stores where it is to the knowledge of purchaser that only a particular firm is the manufacturer of the store demanded.

3. The Tender Enquiries as discussed above can further be categories in the following two groups:

i. Single Bid System :- Adopted where the items are established with regard to the specifications and quality aspect.

ii. Two Bid system :- Adopted where the item is either developmental in the country and the quality aspect cannot be taken for granted without prior technical evaluation or belong to sensitive and critical in nature.

4. The items procured by Department of Family Welfare are delicate and sensitive to the human body. The established suppliers of these items are known, therefore the third system of limited tender was adopted for procurement of the items with the exception of Measles vaccine and BCG Vaccine that have single manufacturer in the country. For these two items the Single Tender system is adopted. It is worthwhile to mention that there is no bar for new entrants to participate in the limited tenders for those who come up with a request having requisite qualification to prove that they may be technically eligible for participation in the tender process.

5. There is no supplier for Levonorgestrel I.P. & Ethinyloestradiol I.P. (Raw material for Oral Contraceptive Pills) within the country thus a Global Tender is floated.

PROCUREMENT PROCESS

Procurement process of these items commences in the following order of events;

1. Issue of tender notice in prominent national dailies in order to give vide publicity of requirement of items among the trade circle for Advertised/Global tenders.

2. Sale or issue of tender documents to the interested bidders for advertised or limited / single tender enquiry respectively, as the case may be.

3. Submission of tenders.

4. Opening of tenders in presence of authorized representatives of bidders on the scheduled date & time indicated in the tender documents.

5. Evaluation of tenders and consideration of proposals for approval by Purchase Committee of Department of Family Welfare, for cases of less than Rs.10 Cr. in value.

6. Approval on the recommendations of Purchase Advisory Committee by Union Minister for Health and Family Welfare, for cases above Rs.10 Crore.

7. Placement of orders on successful t enderers.

TENDER NOTICES FOR ITEMS

TENDER NOTICES CATEGORY A.

No. S.12011/ 96 /2001-Supply

Govt. of India

Ministry of Health & Family Welfare

Department of Family Welfare

Nirman Bhawan, New Delhi-110011

Dated

TENDER NOTICE

Offers in sealed covers are invited for and on behalf of the President of India to enter in to a Rate Contract for the supply during the year 2002-03 of following items on the terms and conditions given in the schedule to tender. Briefly, the particulars are as under:-

1. Description of stores

1.	Oral Polio Vaccine vial of 20 dose each
2.	Diptheria Pertusis Tetanus Toxiod (DPT) vial of 10 dose each
3.	Tetanus Toxoid (TT) vial of 10 dose each
4.	Diptheria Tetanus Vaccine (DT) vial of 10 dose each
5.	Indigenously manufactured Measles Vaccine Morbilorum Vivum in 5 dose each

2. Technical Specifications

The detailed Technical Specifications are given in the tender documents.

3. Qualification Criteria for eligibility of firms

a) Only domestic primary manufacturers are eligible to participate in the tender. ( Primary manufacturer is a manufacturer that performs all the manufacturing and processing operations needed to produce goods in their appropriate dosages form, including processing, blending, formulating, filling, packing, labeling and quality testing)

b) The bidder should have 2 years manufacturing and marketing experience of substantial quantities for the products required in the tender enquiry duly supported by the documentary evidence and attested by their Chartered Accountant.

c) The production capacity of the tenderer should be at least 10% of the requirements of the preceding year ( * ). This should be supported by a certificate from State Drug Authorities.

d) The bidder must possess GMP certificate for the manufacturing facility for two years or more, which should be valid on the date of tender opening.

e) Bidder should not have been convicted. This should be supported by a certificate from the State Drug Authorities.

* Last years indicative figures of procurement may be given for individual items in respective tender enquiry.

Note : GOI reserves the right to increase or decrease the requirements, which is dependent on requirements and resources. Hence no commitments on this account what so ever on the part of the purchaser.

4. Income Tax clearance Certificate, valid on the date of tender opening should be submitted with the tender.

5. Purchase Preference to Central Public Sector Units will be available as per directives of Department of Public Enterprises.

6. Last 3 years balance sheet duly attested by the Chartered Accountant of the firm,should be submitted along with the tender.

7. The details of invitation to tender are given in the tender forms which can be obtained on payment of Rs 5000/- by demand draft drawn in favour of Secretary (FW) payable at New Delhi from;

Room No. 502 -A Wing

Department of Family Welfare

Nirman Bhawan, New Delhi-110011

8. Procedure for submission of offers.

The procedure to be followed is given in detail in the tender documents.

i) The sale of tender forms shall close at (Time) on (Date).

ii) Completed tenders on forms should be put in the tender box by (Time) Date Offer received after (Time) Date shall not be considered at all. The tender will be opened on (Time) Date

TENDER NOTICES CATEGORY B.

No. S.12011/ 96 /2001-Supply

Govt. of India

Ministry of Health & Family Welfare

Department of Family Welfare

Nirman Bhawan, New Delhi-110011

Dated

TENDER NOTICE

1. Description of stores

i) Intra Uterine Device (Copper-T 200B)

ii) Oral Contraceptive Pills

iii) Condoms

2. Technical Specifications

The detailed Technical Specifications are given in the tender documents.

3. Qualification Criteria for eligibility of firms

a) Only domestic primary manufacturers are eligible to participate in the tender.(Primary manufacturer is a manufacturer that performs all the manufacturing and processing operations needed to produce goods in their appropriate dosages form, including processing, blending, formulating, filling, packing, labeling and quality testing).

c) The production capacity of the tenderer should be at least 10% of the requirements of the preceding year ( * ). This should be supported by a certificate from State Drug Authorities.

d) The bidder must posses GMP certificate for the manufacturing facility for two years or more, which should be valid on the date of tender opening.

e) Bidder should not have been convicted. This should be supported by a certificate from the State Drug Authorities.

Note : GOI reserves the right to increase or decrease the requirements, which is dependent on requirements and resources. Hence no commitments on this account what so ever on the part of the purchaser.

4. Income Tax clearance Certificate, valid on the date of tender opening should be submitted with the tender.

5. Purchase Preference to Central Public Sector Units will be available as per directives of Department of Public Enterprises.

6. Last 3 years balance sheet duly attested by the Chartered Accountant of the firm, should be submitted along with the tender.

7. The details of invitation to tender are given in the tender forms which can be obtained on payment of Rs 5000/- by demand draft drawn in favour of Secretary (FW) payable at New Delhi from;

Room No. 502 - A Wing

Department of Family Welfare

Nirman Bhawan, New Delhi-110011

8. Procedure for submission of offers.

The procedure to be followed is given in detail in the tender documents.

i) The sale of tender forms shall close at (Time) on (Date).

ii) Completed tenders on forms should be put in the tender box by (Time) – (Date). Offer received after (Time) shall not be considered at all. The tender will be opened on (Time).

S.12012/67/2000-Supply

Government of India

Ministry of Health & Family Welfare

Department of Family Welfare

Nirman Bhavan, New Delhi-110011.

Dated the

GLOBAL TENDER NOTICE

Offers in sealed covers are invited for and on behalf of the President of India for the supply of Levo Norgestrel and Ethinyloestradiol on the terms and conditions given in the schedule to tender. Briefly, the particulars are as under:-

1. Description and quantity

1. Levonorgestrel as per I.P. -500 kgs.

2. Ethinyloestradiol as per I.P. -100 kgs

The above drugs shall have a minimum shelf life of 5 years.

1.2 Delivery Period

The suppliers are required to indicate the monthly supplies they can make.

2. Eligibility of firms

The tenderers should satisfy the following criteria:

For manufacturers not located in India.

The manufacturer should hold valid Drug Licence for the manufacture of Drugs from the Licencing Authority of the country in which the manufacturer is located.

3. Tender Samples.

3.1 Tenderers should submit tender samples for Levonorgestrel and Ethinyloestradiol along with their offers.

3.2 Offers of firms who meet the qualification criteria and whose tender sample is acceptable shall only be considered.

4. Procedure for submission of offers

The offers are to be submitted in two parts i.e. Part A containing the Technical and commercial offer along with tender sample and Part B containing the Price offer. The procedure to be following is given in detail in the tender documents.

5. Completed tenders on forms should be put in the tender box by (Time) – (Date) . Offer received after (Time) – (Date) shall not be considered.

TENDER NOTICES CATEGORY C& D.

No. S.12011/ 96 /2001-Supply

Govt. of India

Ministry of Health & Family Welfare

Department of Family Welfare

Nirman Bhawan, New Delhi-110011

Dated

TENDER NOTICE

1. Description of stores

i) Tubal Rings

ii) No Scalpel Vasectomy Instruments (NSV).

2. Technical Specifications

The detailed Technical Specifications are given in the tender documents.

3. Qualification Criteria for eligibility of firms

a) Only domestic primary manufacturers are eligible to participate in the tender. (Primary manufacturer is a manufacturer that performs all the manufacturing and processing operations needed to produce goods in their appropriate dosages form, including processing, blending, formulating, filling, packing, labeling and quality testing).

c) The production capacity of the tenderer should be at least 10% of the requirements of the preceding year ( ). This should be supported by a certificate from State Drug Authorities.

d) The bidder must posses GMP certificate for the manufacturing facility for two years or more, which should be valid on the date of tender opening.

e) Bidder should not have been convicted. This should be supported by a certificate from the State Drug Authorities.

4. Income Tax clearance Certificate, valid on the date of tender opening should be submitted with the tender.

5. Purchase Preference to Central Public Sector Units will be available as per directives of Department of Public Enterprises.

6. Last 3 years balance sheet duly attested by the Chartered Accountant of the firm should be submitted along with the tender.

7. On the date of opening, the firm should be registered for the manufacture of Surgical Instruments with DGS&D or NSIC or State Director of Industries.

8. Tender samples

Along with their offer, tenderer should submit duly sealed tender samples comprising of one set of each of the two items mentioned in the tender enquiry.

9. The details of invitation to tender are given in the tender forms which can be obtained on payment of Rs 5000/- by demand draft drawn in favour of Secretary (FW) payable at New Delhi from;

Room No. 502- A Wing

Department of Family Welfare

Nirman Bhawan, New Delhi-110011

10. Procedure for submission of offers.

The procedure to be followed is given in detail in the tender documents.

i) The sale of tender forms shall close at (Time) on (Date).

ii) Completed tenders forms should be put in the tender box by (Time) – (Date). Offer received after (Time) – (Date) shall not be considered at all. The tenders will be opened on (Time) – (Date).

MODEL TENDER DOCUMENT

CONDITIONS OF CONTRACT

The Rate Contracts concluded, as a consequence of the above tender process will be governed by the terms & conditions contained in the following documents;

· Invitation for Bids Form - DGS&D 241-A.

· Schedule of requirement - Form DGS&D 242

· Standard DGS&D General Conditions of Contract DGS&D – 68 (Revised) amended up to date & 69 with Forms 68-A, 69-A, List No.1, 6, and 9.

· Special Conditions of Contract, if any, for individual items.

· Additional Conditions of Contract

· Technical Specifications

· Tender Notice (for advertised tenders only)

GENERAL CONDITIONS GOVERNING RATE CONTRACTs:

“ This Rate Contract and Supply Orders placed against the Rate Contract shall be governed by the General Conditions of the Contract as contained in Form No. DGS&D-68 (Revised) as amended up to date, Special Conditions governing Rate Contract contained in Form No. DGS&D-69 and Instructions to Tenderers quoting against Tender Enquiries issued by the DGS&D contained in Form No. DGS&D-229; and also the conditions set out herein, unless otherwise stated in Special Conditions of Contract if any, The rate contract and the supply orders shall be issued for and on behalf of President of India.”

SAMPLE DOCUMENT FOR TWO-BID SYSTEM

INSTRUCTIONS FOR FILLING THE TENDER

The tender consists of two parts. Part A consists of technical and commercial terms and conditions and part B form for submitting the price offered by the tenderer. The part A and part B of the offer must be sealed in separate covers and covers clearly marked as ‘part A containing the techno-commercial bid’ and part B containing the price bid’, respectively. The two covers then must be enclosed in one cover and sealed again, and the name and address of the tenderer, the tender No. and the date and time opening must be clearly marked on the cover and put in the tender box, before the due date and time i.e (Time) – (Date). The purchaser shall open the cover containing the Technical and Commercial offer (part A) on the due date and time for opening i.e. (Time) – (Date).

Evaluation of offers.

The Technical and Commercial offer of the firms contained in part A shall be first evaluated. The offers from only those tenderers

a) Who satisfy the eligibility criteria given in the tender form and

b) Whose Tender Samples, are found to conform to the tender enquiry specifications and

c) Who have submitted certificate from the Drugs Authority that the material used for the manufacture of the tubal rings is of medical grade as specified in IS 13009 : 1990. (For Tubal Rings only).

shall only qualify for further consideration. Tenderer not satisfying anyone or more conditions mentioned above shall not quality for further consideration. The envelops containing prices (Part B) of only those firms who become qualified for further consideration as above shall be opened, after giving suitable notice to such qualifying tenderers.

Part A

(The forms contained herein give the details of the terms and conditions of this invitation to tender/bid and should be filled and signed and enclosed in a sealed envelope and it must be clearly and boldly mentioned on the envelope that it contains the techno- commercial tender/bid. The envelope should also clearly mention the tender No and the date and time of opening. The failure of the tenderer to comply with these requirement may result in a mix-up with the price bid and in that event the offer shall be liable to be ignored summarily).

Government of India

Ministry of Health and Family Welfare,

Room No.503 “A” Wing,

Nirman Bhavan, New Delhi-110011.

Dated

DGS&D-242

Schedule to Tender No.

Time and date of receipt of Tender---------------11.00 A.M on____________.

Time and date of opening of tecno-commercial bid----11.30 AM on_______

Time and date of opening of price bid-------------- Will be informed later on

Tender shall remain valid for acceptance ____________.

Item No. Description of stores Unit

1. Specifications :

2. Negotiations: Subject to the provisions of Purchase preference policy of the Govt. of India applicable for public sector undertaking of Govt. of India, the purchaser will not hold any negotiation with tenderers except with the lowest tenderer, if considered necessary. Hence all the tenderers are required to quote their most competitive rates.

3. Places of delivery:-

The tenderer shall be responsible to arrange safe delivery of the required quantity of stocks at the placed to be mentioned in the supply order. The places of delivery are spread all over India. THE RATES QUOTED BY THE TENDERER IN PART B OF THE TENDER SHOULD INCLUDE ALL COSTS FOR DELILVERY UP TO THE DESTINATION.

4. Quantity: This tender enquiry is for entering into rate contract with the suppliers for the period ___________-. There is no commitment on the part of the purchaser for buying any specific quantity. However, the quantities for which orders are placed during the currency of the contract must be supplied by the successful tenderers.

5. Tender Samples

Tenderers are requested to submit 150 pairs of Tubal rings alongwith 75 cms of tubing material used for the manufacture of tubal rings, duly sealed alongwith their tender (For tubal rings only).

Signature of the tenderer

Name in Block Letters and the capacity in which the tender is signed.

Address in full:

QUALIFICATION CRITERIA **

a) Only domestic primary manufacturers are eligible to participate in the tender (Primary manufacturer is a manufacturer that performs all the manufacturing and processing operations needed to produce goods in their appropriate dosages form, including processing, blending, formulating, filling, packing, labeling and quality testing)

c) The production capacity of the tenderer should be at least 10% of the requirements of the preceding year ( * ). This should be supported by a certificate from State Drug Authorities.

d) The bidder must possess GMP certificate for the manufacturing facility for two years or more, which should be valid on the date of tender opening.

e) Bidder should not have been convicted. This should be supported by a certificate from the State Drug Authorities.

* Last years indicative figures of procurement may be given for individual items in respective tender enquiry.

** Qualification criteria shown is generalised and may vary from item to item, in one or many aspects in Tender Documents of individual item.

Note : Government of India reserves the right to increase or decrease the requirements, which is dependent on requirements and resources. Hence no commitments on this account what so ever on the part of the purchaser.

IN ADDITION TO THE GENERAL CONDITIONS OF CONTRACT GIVEN IN FORM DGS&D –68 (REVISED) AND DGS&D-69 (REVISED) , THE FOLLOWING SPECIAL CONDITIONS OF CONTRACT SHALL BE APPLICABLE, AND WOULD HAVE AN OVER-RIODING EFFECT OVER THE GENERAL CONDITONS, IN CASE OF ANY CONFLECT BETWEEN THE TWO.

1. Tenderers should furnish performance statement alongwith quotations. The cut off date for the performance is _________. They are requested to enclose one copy of consolidated drawl statement with their quotation as on the cut-off date duly certified by the inspector/their chartered Accountant.

2. PERFORMANCE CRITERIA:

1.1 firms holding the rate contracts will be considered for the fresh R/C., if otherwise eligible, against the tender inquiry only if their performance against the current R/C held by them is considered satisfactory. For this purpose, the purchaser expects that the contractor should have supplied on or before _____, minimum 85% of the stores which were due to be supplied by him up to ______ as per original delivery period agreed upon against the current R/C.

2.2. In addition to above, firms who held R/C immediately preceding to the current one should not have a backlog exceeding 5% of the total quantities ordered against such previous R/C on ______.

2.3 It is further expected that there will be no backlog in respect of earlier contracts to the ones referred above.

2.4 Firms not satisfying the criteria mentioned above may not qualify for the award of the R/C. the purchaser however reserves the right to consider also firms who have executed supplies even to a lower extent.

3. INSPECTION:

3.1 Every single batch proposed to be supplied against the tender should be tested at an approved laboratory and cleared by the Inspecting Officer after inspection.

3.2 Life at the time of inspection:

at the time of offering for inspection , the stocks offered for inspection should not have crossed more than1/6^th of the total life, and should have a total shelf life not less than _____years from the date of manufacturer./ The firms should not tender any stock older than 1/6^th of total life for inspection without the prior approval of Department of Family Welfare. While giving such approval , the Department of Family Welfare will have the right to impose any condition which may be necessary to safeguard Government interest.

3.3 Inspection authority: Drugs Controller General of India.

3.4 Inspecting Officer :

To be specified in the order. However, the Assistant Director General, Medical Store Depot of the area concerned, or the District Health/Family Welfare Officer of the district the district Immunisation Officer is generally authorised to carry out the inspection.

3.5 Pre-inspection by the suppliers:

Manufacturers/contractors should satisfy themselves that the stores are in accordance with the terms of the contract and fully conform to the required specifications before tendering them for inspection to the inspection has not been carried out, or on examination of any sample from any portion of the consignment if the materials are not found to fully conform to the particulars governing the supply, the entire consignment shall be rejected.

A declaration by the contractor that necessary pre-inspection has been Carried out on the stores tendered for inspection will be submitted along with the challan. Test protocols for tests carried out will be submitted along with the offer for inspection.

4. Warranty:

If at any time during the shelf life of the stores, the samples drawn from the batches in stock are declared not conforming to specifications, the Purchaser shall stop the use of the quantity in stock and thee supplier shall replace within a period of 2 months the quantity remaining unused.

The above Warranty will also apply to replacement batches.

If the supplier fails to replace the quantity within two months on being called upon to do so, action in terms of Default Clause shall be taken against the supplier.

5. Packing and marking:

The stores should be packed as per details given in Annexure A.

Each vial will have the following printed in indelible ink across each label

‘CGS Not for Sale’.

The packing will also be marked as under

i) Nomenclature of the stores.

ii) Manufacturers name and address and Licence No.

iii) Date of manufacture, Expiry and Batch No.

iv) Quantity contained therein.

v) Inspection Note No. and Date.

vi) Any other particulars required under the Drugs and Cosmetics Act of India and the Rules framed there under.

6. Tender validity:

6.1 Tenderers should note the period for which the offers should remain open for acceptance. The offers of those firms who have not kept the validity open till the period stipulated in the tender enquiry, will be treated unresponsive and will be ignored without making any back reference. Discounts given by the firms for any shorter validity than required in the tender document will not be considered and the offers will be considered for rates for full validity only.

6.2 Tenderers may note that in the absence of mention of the date up to which the offer has been kept valid, it will be deemed to be valid for the period specified in the schedule to tender enquiry.

6.3 If the date upto which the offer is to remain valid for acceptance is or is declared a closed holiday for Government Offices, the offer shall remain open for acceptance till the next working day.

7.2. Vague offer :

Offers qualified by vague and indefinite expressions such as subject to acceptance or subject to the prior sale, will not be considered and will be summarily ignored.

8. Telegraphic/Letter-head offers:

Telegraphic or offers on letter-head shall be summarily ignored.

9. Payment terms:

i) The payment of full 100% of price of the stores of each consignment thereof will be made after receipt and acceptance of the stores by the consignee in good condition. Bills are to be supported with inspection note issued by the Inspector and consignee’s Receipt Certificate on copy No 1,2 & 5 of the Inspection Note.

ii) 98% of the price of the stores of each consignment thereof shall be paid on proof of despatch to the consignee or delivery to an interim consignee, if any and on production of a valid Inspection Note issued by the Inspector . A Photostat copy of Railway receipt duly attested by the contractor, postal receipts bill of lading or consignment note under which the goods charged for in the bill are despatched by rail, post, sea or air respectively and copy of the letter with which such receipt, postal receipt, bill of lading or consignment note is forwarded to the consignee shall be furnished with the bill.

iii) In the case of local delivery and in case of stores dispatched by road advance 98% payment may be allowed on proof of inspection and delivery to the consignee, the proof of delivery being a provisional certificate from the consignee on copy No 1 of the Inspection Note. The balance 2 % will be payable on final acceptance by the consignee on copy No 2 & 5 of the inspection note as recorded in his final receipt certificate.

10. PERIOD OF THE RATE CONTRACT:

(i) the period of the Rate Contract shall be __________to _________ or one year from date of concluding of Rate Contract. The tenderers are requested to quote for supply against the orders placed during the validity of the rate contract.

(ii) Delivery Schedule

Tenderers should indicate monthly rate of supply against the R.C.

11. The purchaser:

‘ The President of India ’

12. DRAWALS:

The combined estimated drawls are excpected to be Rs. _______ crores approximately this is only an estimate, and implies no commitment whatsoever on the part of the purchaser.

13. The purchaser reserves the right to enter into parallel rate contracts with one or more Tenderers or to place adhoc contracts simultaneously, or at any time during the currency of the rate contract, with one or more suppliers.

14. Cancellation on failure to supply/Default clause:

(i) If the supplier fails to commence deliveries as scheduled or to deliver the quantities ordered on 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 9for the unsupplied quantities) without any show-cause notice. In the vent of extension, liquidated damage, will be applicable.

(ii) If the purchaser decides to cancel the contract, the mode of repurchase will be at the desecration of the Purchaser. The supplier shall be liable to 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.

(iii) In addition to action in sub-para (ii) above, the purchaser may debar the defaulting supplier from future orders for a maximum period of three years. In any case, the supplier will stand debarred for future contracts for the period till the extra expenditure on account of cancellation and repurchase in terms of actions at (ii) above is paid by the supplier or recovered from his bills for supply against any of the orders with the purchaser or his authorised consultants/agents.

15. Liquidated damages:

If the supplier fails to deliver any or all of the goods within the time period (s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as agreed liquidated damages and not by way of penalty, a sum equivalent to 0.5% of the delivered price of the delayed goods or unperformed services for each week of

delay until actual delivery or performance, upto a maximum deduction of 10% of the delayed goods or services at contract price. The purchaser may consider termination of the contract without any further notice if deliveries do not start till 2 weeks after scheduled commencement of deliveries.

16. PURCHASE PREFERENCE:

The policy of purchase preference to Central Public Sector Undertakings, as prescribed by the Govt. of India from time to time will be applicable.

17, The contract shall be governed by the Arbitration clause –24 of DGS&D-68(Revised) amended upto date. The nominee of the Secretary (FW) shall be the Arbitrator. The court of law located in Delhi shall alone have the jurisdiction to decide the case in the event of any disputes, if the tenderer does not agree to the Arbitration clause.

18. THE FOLLOWING DOCUMNTS SHOULD BE ENCLOSED ALONG WITH THE OFFERS. IF ANY OF THE DOCUMENTS ARE NOT ENCLOSED WITH THE OFFER, THE OFFER WILL BE LIABLE TO BE IGNORED WITHOUT FURTHR REFERENCE TO THE TENDERER.

a. Valid Income Tax Clearance Certificate, the date of issue of which should not be earlier than one year from the date of opening.

b. Drug License for manufacture and sale of the item which should be two years old on date of Tender opening. The foreign manufacturers should furnish such License issued by their respective National Drugs Licensing Authority.

c. Each page of this tender should be signed and returned in token of acceptance of the terms and conditions of the tender enquiry by the Authorised signatory of the company.

d. The firms should have two years marketing and manufacturing experience of the item on the date of tender opening.

19. Negotiation:

The purchaser will not hold any negotiation with tenderers except with the lowest tenderer, if considered necessary. Hence all the tenderers are required to quote their most competitive rates.

20.. Purchase Preference:

Purchase Preference will be allowed to PSUs subject to the provisions of Purchase preference policy of the Govt. of India applicable for public sector undertaking of Govt. of India.

Signature of the tenderer.

Government of India

Ministry of Health & Family Welfare

Department of Family Welfare

(SSM Division)

Nirman Bhavan, New Delhi-110011.

Dated .

Tender Enquiry No.S.12011/ /2002-Supply/RC

Dear Sir,

On behalf of the President of India, I invite you to tender for supply of stores detailed in this schedule attached to the tender form enclosed.

2. The conditions of contract which will govern any contract made are contained in pamphlet No.DGS&D 1001 “ General terms and conditions of contract governing Rate Contract”. as amended upto date and those contained in the Phamphlet No.DGS&D-229 containing the various instructions to tenders quoting against the tender enquiries issued by the DGS&D subject to the following:

Para(1) of Form DGS&D-68 (Revised) may be substituted by the following:

i) “Secretary” means the Secretary of M/O Health & FW or the Department of F.W. and includes an Additional Secretary, Joint Secretary or Dy. Secretary in this Ministry or Department and any other officer who is authorised for the time being to execute relevant contract relating to purchase and supply of stores on behalf of the purchaser.

3. The above price pamphlets and the list of corrections thereto can be obtained on payment from the undermentioned officers

a) DGS&D, New Delhi and its Regional Offices at Mumbai, Madras, Calcutta.

4. If you are in a position to quote for supply in accordance with the requirements stated in the attached schedule DGS&D form 242, form DGS&D 68 A and 69 A attached herewith should be duly filled in signed and returned to this office. You must also furnish with your tender all the information called for as indicated in pamphlet No. DGS&D 229 mentioned in para 2 above. A list of questions which should be answered is attached, which should also be returned with the tender, failing which your tender will be liable to be ignored and not considered.

This tender is not transferable.

Yours faithfully,

Dy. Director (S)

For and on behalf of the PRESIDENT OF INDIA

SAMPLE DOCUMENT FOR SINGLE BID SYSTEM

Government of India

Ministry of Health & Family Welfare

Department of Family Welfare

Nirman Bhawan, New Delhi

TENDER ENQUIRY NO. S.12011/ /2001-SUPPLY/

TIME AND DATE OF RECEIPT OF TENDERS – By 11.00 AM on

TIME AND DATE OF OPENING OF TENDERS – By 11.30 A.M on ___

THE TENDER SHALL REMAIN OPEN FOR ACCEPTANCE– ______

Description of stores

Unit

Rate in Figures & words

terms of delivery

2. Sales Tax

Is Sales Tax extra ?

If yes, indicate the quantum of Sales Tax or Excise Duty applicable.

3. Specification- As per Annexure – A (will attached separately in each item along with tender documents)

4. Life – (will be indicated in the tender document of each item separately)

5. Qualification Criteria for eligibility of firms*

a) Only domestic primary manufacturers are eligible to participate in the tender. (Primary manufacturer is a manufacturer that performs all the manufacturing and processing operations needed to produce goods in their appropriate dosages form, including processing, blending, formulating, filling, packing, labeling and quality testing).

c) The production capacity of the tenderer should be at least 10% of the requirements of the preceding year ( ). This should be supported by a certificate from State Drug Authorities.

d) The bidder must posses GMP certificate for the manufacturing facility for two years or more, which should be valid on the date of tender opening.

e) Bidder should not have been convicted. This should be supported by a certificate from the State Drug Authorities.

f) Income Tax clearance Certificate, valid on the date of tender opening should be submitted with the tender.

g) Purchase Preference to Central Public Sector Units will be available as per directives of Department of Public Enterprises.

h) Last 3 years balance sheet duly attested by the Chartered Accountant of the firm should be submitted along with the tender.

i) On the date of opening, the firm should be registered for the manufacture of Surgical Instruments with DGS&D or NSIC or State Director of Industries in the case of instruments only

* Qualification criteria shown is generalised and may vary from item to item, in one or many aspects in Tender Documents of individual item.

Signature of the tenders

Name in Block letters and the capacity in which the tender is signed.

Address in full.

NOTICE OF BANNING BUISINESS DEALINGS WITH M/s RBDF, NEW DELHI

No.S.12012/19/99-Supply

Government of India

Ministry of Health & Family Welfare

Department of Family Welfare

Nirman Bhavan, New Delhi-110011.

Dated the 21^st Aug., 2000.

OFFICE MEMORANDUM

Subject: Banning of business dealing with M/s Reliance Bulk Drugs & Formulation Ltd.

The undersigned is directed to say that the Ministry of Health & Family Welfare had engaged M/s RITES for procurement of drugs in Kit A and Kit B during 1997-98. One of the items in the Drug Kit A was Vitamin A Solution conforming to the under mentioned specifications:

One ml should contain 1 lakh IU which is equivalent to 1.09.500 IU/gram.

2. M/s Reliance Bulk Drugs and Formulation Ltd. (RBDF) having their registered office at Plot No.9 Barotiwala Industrial Area, District solan, Himachal Pradesh and Corporate Office at Flat No.31 (307. Satkar Building, 78-79 Nehru Place, New Delhi were awarded contract for the supply of 17362 units to Tamil Nadu. Each Unit was to contain 6 bottles of 100 ml. It was stipulated that before supply, the stores were to be inspected by designated inspector and after satisfactory test results, the Inspection Notes signifying acceptance of the quantities were to be issued. As per the terms of the contract, payment was to be made on production of receipt from the consignee on the back of the inspection Notes.

3. In compliance with the above procedure, Inspection Notes were issued to M/s RBDF Ltd. to despatch the quantities to consignees mentioned in the Inspection Notes. M/s RBDF Ltd. claimed payment by producing receipts on the back of Inspection Notes. It was subsequently informed by consignees that the receipts on the back of Inspection Notes are not signed by them or any of their officers. It was also informed that by the consignees that instead of batches accepted by the inspection officer, 17362 units of other batches had been supplied. The batches supplied in the 17362 units had 1 lakh units in 5 ml. Thus M/s RBDF supplied stocks other than those contracted and of lesser concentration.

4. Furnishing forged Inspection Notes and supplying Vitamin A Solution not as per the specifications is considered a serious violation of the contract/agreement and therefore. M/s RBDF Ltd. committed a breach of trust. M/s RBDF Ltd., were served a Show Cause Notice dated 27.7.99 as to why business dealing may not be banned with them for the wrongful acts on their part and thus defeating a social cause and damaging the public interest.

5. Thereafter, opportunities were given to M/s RBDF Ltd. by way of personal hearing on 3^rd Nov.1999 which was attended by the representative of M/s RBDF Ltd. alongwith their legal advisor.

The reply of M/s RBDF’s contained in letters dated 24.8.1999 and 9.11.1999 of their advocate, has been carefully examined. The following conclusions have been arrived at

i) Charge No.1 – M/s RBDF Ltd. resorted to production of forged Inspectio0n Notes/supply receipts which convey that they have supplied every thing and obtain payments for the same

The contention made in letter dated 24.8.99 by M/s RBDF’s advocate that it was the responsibility of transporter to deliver the consignment at the destination and receive acknowledgement is not acceptable because in terms of clause 8 of General Condition of Contract given in the invitation to bid it is the responsibility of the supplier to arrange delivery of goods to consignees in accordance with the schedule of Requirements.

The contention made in letter dated 9.11.99 of the advocate of RBDF that the inspection notes have been signed by the consignees representatives is also not acceptable because the consignees have confirmed that the signature on the receipt part of Inspection Note do not belong to their office or any staff member. Copy of such inspection notes on which the consignees have categorically stated that the signature on the receipt part of inspection Note do not belong to their office or any staff member were sent to RBDF alongwith the Show Cause Notice dated 27.7.98.

Contd…

ii) Charge No.2 Out of the total quantity supplied, 7130 units were of lesser concentration i.e. 1.00 lakh IUs per 5 ml instead of 1.00 lakh IUs per 1 ml and therefore, not of contracted concentration.

The contention of the advocate of RBDF made in letter dated 24.8.99 that due to chaos created by the transporter they erroneously despatched batches containing 1 lakh units per 5 ml is not acceptable as M/s RBDF are experienced and they should have been more careful in making correct supply.

The charges are proved and it has therefore been decided to ban business dealing with M/s RBDF Ltd. for a period of five years with effect from the date of issue of these orders.

Yours faithfully,

Sd/xxx

Director (SSM)

The Managing Director

Reliance Bulk Drugs & Formulation Ltd.,

Plot No 9, Barotiwala Indl Area

Distt. Solan, H.P.

Copy to :

1. The Managing Director, Reliance Bulk Drugs & Formulation Ltd., Plot No 378, Indl Area, Phase I, Panchkula-134109 (Haryana).

2. The Managing Director, Reliance Bulk Drugs & Formulation Ltd., Flat No 37, (307) Satkar Building, 78-79, Nehru Place, New Delhi.

3. RITES, New Delhi House, Barakhamba Road, New Delhi-110001.

4. Chief Vigilance Officer, Department of Family Welfare

5. Chief Vigilance Officer, Department of Health

6. Chief Vigilance Officer, Indian System of Medicines.

7. Chief Vigilance Officer, Department of Supply.

8. Chairman and Managing Director, M/s Hospital Services Consultancy Corporation Ltd., E-6, Sector 1, Noida U.P.

9. Chairman and Managing Director, M/s Hindustan Latex Ltd., Poojappura, Thiruvananthapuram. Kerala.

Sd/xxx

Director (SSM)