Disclaimer RFP - IDBI Bank...(a) The supplier /stockist/ chemist / Pharma Companies and their...

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IDBI Bank Limited

Regd. Off. IDBI Tower, WTC Complex, Cuffe Parade, Mumbai – 400 005.

Disclaimer

The information contained in this Request for Proposal (RFP) document or

information provided subsequently to the bidder(s) or applicants whether verbally or

in documentary form, by or on behalf of IDBI Bank Limited (IDBI Bank/Bank), is

provided to the bidder(s) on the terms and conditions set out in this RFP document

and all other terms and conditions, subject to which such information is provided.

This RFP document is not an agreement and is neither an offer nor an invitation to

offer by IDBI Bank. This RFP is to invite proposals from applicants who are qualified

to submit the bids (“Bidders”). The purpose of this RFP is to provide the Bidder(s)

with information and to assist them in formulation of their proposals (Bids). This RFP

does not claim to contain all the information, which each Bidder may require. Each

Bidder should, at its own costs without any right to claim reimbursement, conduct its

own investigations, analysis and should check the accuracy, reliability and

completeness of the information in this RFP and wherever felt necessary obtain

independent advice. IDBI Bank makes no representation or warranty and shall incur

no liability under any law, statute, rules or regulations as to the accuracy, reliability or

completeness of this RFP.

The information contained in this RFP document is selective and is subject to update,

expansion, revision and amendment. IDBI Bank does not undertake to provide any

Bidder with access to any additional information or to update the information in this

RFP document or to correct any inaccuracies if any therein, which may become

apparent. IDBI Bank reserves the right of discretion to change, modify, add to or alter

any or all of the provisions of this RFP and/or the bidding process, without assigning

any reasons whatsoever. Such change will be intimated or made accessible to all

Bidders or can be accessed in website of IDBI Bank. Any information contained in

this RFP document will be superseded by any later written information on the same

subject made available/accessible to Bidder(s) by IDBI Bank.

IDBI Bank also does not accept liability of any nature whether resulting from

negligence or otherwise howsoever caused arising from reliance of any Bidder upon

the statements contained in this RFP.

IDBI Bank reserves the right to reject any or all the Bids received in response to this

RFP at any stage without assigning any reason whatsoever and without being liable

for any loss/injury that Bidder might suffer due to such reason. The decision of IDBI

Bank shall be final, conclusive and binding on all the Bidders/parties directly or

indirectly connected with the bidding process.

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REQUEST FOR PROPOSAL (RFP)

NOTICE FOR EMPANELMENT OF SUPPLIERS / STOCKISTS / CHEMISTS

/ PHARMA COMPANIES & THEIR DEALERS FOR SUPPLY OF DRUGS &

MEDICINES TO THE DISPENSARIES OF IDBI BANK, MUMBAI

RFP No: MED/CHEM/1/2017, Dated, February 23, 2017

IDBI Bank Limited, Corporate Centre, Mumbai intends to prepare a panel of suppliers /

stockists / chemists / Pharma Companies and their Dealers for supply of medicines to its 6

dispensaries at Mumbai. The panel will be valid for a period of three years i.e. From April

01, 2017 to March 31, 2020 subject to satisfactory performance.

The interested suppliers / stockists / chemists / Pharma Companies and their Dealers who

fulfil the eligibility criteria and agree to the terms and conditions mentioned in the Request

for Proposal (RFP) Document may apply in the prescribed form to the Deputy General

Manager, IDBI Bank Ltd. IDBI Tower, WTC Complex, Cuffe Parade, Mumbai. The Bank

reserves the right to accept or reject any or all of the application received without assigning

any reasons.

Detailed terms and conditions and the Request for Proposal document are available in the

Tenders Section of the Bank‟s website www.idbi.com

BID DATES

1. Date of commencement of Bidding Process

(Posting of RFP Document on Web Site /

Publication of Tender)

Date: 01 MARCH 2017

Time: 10.00 hours

2. Pre-Bid Meeting for clarification, if any

Date: 10 MARCH 2017

Time: 15.00 hours

3. Last Date and Time for Bid Submission Date: 21 MARCH 2017

Time: 15.00 hours

4. Date and Time of Technical Bid Opening Date: 21MARCH 2017

Time: 15.30 hours

5. Venue of opening of Bids IDBI Bank Limited, IDBI Tower, 4th

Floor Conference Room, Admin.,

WTC Complex, Cuffe Parade,

Mumbai 400 005

6. Date and Time of Commercial Bid Opening. Date: 27 MARCH 2017

Time: 15.00 hours

7. Address for communication ( Bank )

IDBI Bank Limited, IDBI Tower,

10th Floor, Accounts Payable Unit,

WTC Complex, Cuffe Parade,

Mumbai 400 005

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1. OVERVIEW

IDBI Bank Limited (“IDBI Bank/IDBI”) is a company incorporated and registered under

Companies Act, 1956 (1 of 1956) and a banking company under section 5 (c) of the Banking

Regulation Act, 1949 (10 of 1949). IDBI Bank is also a scheduled bank as notified by the

Reserve Bank of India (RBI) under the Reserve Bank of India Act, 1934 which categorizes

IDBI Bank under a new sub group of “other public sector bank”. IDBI Bank is engaged in

conducting banking business and providing finance to industries and other category of

customers. IDBI Bank with its Registered Office at "IDBI TOWER", WTC Complex, Cuffe

Parade, Mumbai has a pan-India presence.

2. PURPOSE

2.1. IDBI Bank intends to prepare a panel of suppliers / stockists / chemists for annual

supply of medicines to the Bank‟s 6 dispensaries at Mumbai located at Cuffe Parade

(Corporate Centre), Prabhadevi, Juhu, Malad, Goregaon and Ghatkopar.

2.2. The purpose behind this RFP is to invite detailed technical and financial proposal

from such suppliers / stockist / chemist who are interested in inclusion in the panel for supply

of medicines to IDBI Bank.

3. INVITATION

3.1. The Bidders desirous to provide the above services to IDBI Bank as per terms and

condition in the RFP are invited to submit their technical and financial proposal as stated in

this RFP. The criteria and the actual process of evaluation of the responses to this RFP and

subsequent selection of the successful bidder will be as mentioned in this RFP and any

modification or changes to the terms and conditions mentioned in this RFP will be entirely at

discretion of the Bank. This RFP seeks proposal from Bidders who have the necessary

experience, capability and expertise to supply medicines to the Bank‟s dispensaries as per

Bank‟s requirement outlined in this RFP.

3.2. This RFP is not an offer by IDBI Bank, but an invitation to receive responses from the

eligible Bidders. No contractual obligation whatsoever shall arise from the RFP process

unless and until a formal contract is signed and executed by duly authorized official(s) of

IDBI Bank with a selected Bidder.

4. ELIGIBILITY CRITERIA

(a) The supplier /stockist/ chemist / Pharma Companies and their Dealers must hold valid

licenses as on the date of application in specified forms (Form 20, 20-B, 21, 21-B and21-

C for various categories of allopathic drugs issued by the Drug Control Authority of the

State under the provisions of Drugs and Cosmetics Act, 1940 as applicable and any other

law in force. They must hold all other licenses, clearances and permissions as may be

necessary to carry out the trade of dealing with / selling of medicines. The empanelled

suppliers / stockists /chemists will further ensure and undertake that their licenses remain

valid till the end of the contract period.

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(b) The bidder must not have been convicted by the State Drugs Authorities and no case

should be pending under the Drugs and Cosmetics Act, 1940 and the Rules thereunder.

(c) The bidder should have an annual minimum turnover of Rs.75 Lakh for each of the last

three years.

(d) The bidder should have undertaken a similar business arrangement i.e. empanelment for

supply of medicines with at least one Govt/Semi Govt/Public Sector organization during

the last two years.

(e) The bidder should agree to supply all the medicines and consumables that the Bank

indents irrespective of the brands or manufacturers. Failure to do so after execution of the

purchase contract as described elsewhere in the document will result in automatic

forfeiture of the Performance Guarantee.

(f) The bidder should not have been debarred/black-listed by any Govt./Semi-Govt./Public

Sector Organization.

(g) The shop/establishment of the chemist should be situated in the same city/town where

empanelment is being sought.

(h) VAT clearance certificate should be available with the chemist.

(i) The bidder should have a computerized billing system.

5. TERMS AND CONDITIONS

5.1. The scope of work/service expected from the selected bidder is to provide the

following services to the Bank. The selected Bidder / Bidders has to supply medicines

ordered / indented with him to Bank‟s dispensaries, Corporate Centre Mumbai or any other

dispensary in Mumbai to which the indent pertains. To provide the said service, the Bidder

should have the following facilities and capabilities dedicated to the Bank:

(i) Dedicated contact point through telephone (more than one line).

(ii) Two dedicated representatives for handling orders / indent of medicines and

supplying required medicines.

(iii) The request / indent / order for supply of medicines would be through telephone, fax,

email or any other mode of communication acceptable to the Bank.

(iv) All request / order for supply of medicines as per the arrangement proposed herein

will be routed through Bank‟s Dispensary at Corporate Centre, Cuffe Parade, Mumbai

400 005.

(v) A dedicated representative to take care of the bills regarding the supply of medicines.

All the bills to be submitted along with the supply of medicines. Payment will be

made within 20 days of bill submission.

(vi) Delivery of medicines should be made at the Bank‟s Dispensary at Corporate Centre

or any other dispensary in Mumbai / Navi Mumbai to which the indent pertains as

soon as possible but not later than three working days.

(vii) The Bank reserves the rights to empanel more than one supplier / stockist / chemist or

authorised dealer of pharmaceutical company or pharmaceutical company itself which

supplies medicines directly to the dispensary or purchase Generic medicines only to

provide the services as above.

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5.2 The supply of medicines are mainly intended for Bank‟s Dispensary at Corporate Centre of

the Bank. However, the Bank is entitled to avail the said service for any other dispensary in

Mumbai / Navi Mumbai of the Bank as per the sole discretion of the Bank.

5.3 The selected bidder will not have any monopoly for supplying medicines to the Bank.

The Bank will be entitled to avail the same or similar service from any other supplier /

stockist / chemist or authorised dealer of the pharmaceutical company or pharmaceutical

company itself which supplies medicines directly to the dispensary.

5.4. The Bank will be entitled to engage more than one service provider based on the exercise

herein.

5.5 The Bank would requests 'Request for Quotation' (RFQ) i.e. Price Bid for supply of

medicines from the empanelled suppliers / stockists / chemists / Pharma Companies and their

Dealers once every year on the basis of an indicative list specifying broad requirements as per

Annexure –III expected during the year(for this year along with this RFP). Please refer Form-

I (Format of Price Bid) and Form-II for special terms and conditions. The Bank will enter

into an annual purchase contract with one or more supplier / stockist/ chemists who offer the

highest discount on each of these medicines. The supplier / stockist /chemists will supply the

medicines/drugs at the agreed discount in the stipulated time and at the specified place on the

basis of the Indents issued from time to time by the office of the Bank to which the supplier /

stockist/ chemist is attached during the year. It may be noted that the Bank is not bound to

procure all its requirements of medicines only from the supplier / stockist /chemist offering

the highest discount. The Bank also reserves the right to split/divide its purchases among two

or more chemists. The Bank also reserves the right accept any or reject any or all of the offers

that it may receive without giving any reasons.

5.6 Language of Bid: All bids and supporting documentation shall be submitted in

English.

5..7 IDBI Bank reserves the right to accept or reject any or all Bids without assigning any

reason thereof and Bank‟s decision in this regard will be treated as final. Bids may be

accepted or rejected in total or any part or items thereof. No contractual obligation

whatsoever shall arise from the RFP process unless and until a formal contract is signed and

executed by duly authorized officials of the Bank and the Bidder. However, until a formal

contract is prepared and executed, this RFP together with Bank‟s written acceptance &

notification of award shall constitute a binding contract with the agency.

5.8 Any Bid not containing sufficient information, in the opinion of IDBI Bank, to permit a

thorough analysis may be rejected.

5.9 The Bank shall have the right to reject the bids not submitted in the prescribed format or

incomplete in any manner.

5.10 The Bank is not responsible for non-receipt of bids within the specified date and time

due to any reason including postal delays or holidays.

5.11 The Bank also reserves the right to alter/ modify any/ some/ all of the requirements, as it

may deem necessary, and notify the same on its website www.idbi.com before the last date

for submission of response under this RFP. The Bidders should be agreeable for the same.

5.12 Bids not conforming to the requirements of the RFP may not be considered by IDBI

Bank. However, IDBI Bank reserves the right, at any time, to waive any of the requirements

of the RFP, if in the sole discretion of the Bank, the best interest of Bank be served by such

waiver.

http://www.idbi.com/

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5.13 Bidders who do not meet the technical criteria stipulated by the Bank will not be

considered for further evaluation.

5.14 IDBI Bank shall have the right to cancel the RFP process at any time prior to award of

contract, without thereby incurring any liabilities to the affected Bidder(s). Reasons for

cancellation, as determined by IDBI Bank in its sole discretion include but are not limited to,

the following:

(i) Services Contemplated are no longer required

(ii) Scope of work were not adequately or clearly defined due to unforeseen

circumstance and/or factors and/or new developments

(iii) Proposed prices are unacceptable to the Work

(iv) The Proposal is not in the best interest of IDBI Bank

(v) Any other reason

5.15. Pre-bid meeting, if any, will be held to brief the intending bidders about the

requirements of the Bank and to furnish clarifications on any points / queries received from

them. No separate communication will be sent for this meeting.

5.16. IDBI Bank reserves the right to verify the validity of bid information and to reject any

bid where the contents appear to be incorrect, inaccurate or inappropriate at any time during

the process of RFP or even after award of contract.

5.17. IDBI Bank reserves the right to re-negotiate the prices in the event of changes in the

market conditions and/or technology etc.

5.18. All pages of RFP should be stamped and signed by Authorized Signatory of the Bidder.

5.19. Bank may choose to take an undertaking from supplier / stockist / chemist employees to

maintain the confidentiality of the Bank‟s information/documents etc. Bank may seek details

/ confirmation on background verification of supplier / stockist / chemist‟s employees

worked/working on Bank‟s project as may have been undertaken / executed by the supplier /

stockist / chemist. They should be agreeable for any such undertaking/verification.

5.20. Any effort on the part of bidder to influence bid evaluation process or award of

contract may result in the rejection of the bid.

6. PRICING

In response to the Bank‟s RFQ, the supplier / stockist / chemist should quote rates as

applicable to Govt. Hospitals/ Institutions in respect of all items of supplies to be made under

the Contract irrespective of their brands or manufacturers. It should be noted that liability to

pay any duties, levies or taxes leviable under the law would be that of the supplier / stockist /

chemist. The chemist will also have to bear all the expenses etc. connected with proper

packaging, carting, transportation etc. in connection with supply to any place specified by the

Bank. The Bank will pay only the quoted rates. The quoted offer shall remain valid for the

entire duration of the contract.

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7. EARNEST MONEY DEPOSIT (EMD) AND PERFORMANCE BANK

GUARANTEE – Annexure - IV

7.1. The Bidder should submit an EMD of Rs.30,000 (Rupees Thirty Thousand only) as

Bid Security. EMD may be remitted by NEFT to IDBI Bank – IFSC Code IBKL0000126 –

A/C.NO.09837000010185 – APU Clearing Suspense A/C.

The EMD may be forfeited in the event of withdrawal of bid during the period of bid validity

or if successful bidder fails to sign the contract in accordance with the terms and conditions

and other requirements specified in RFP or any act of bidder not in line with contract

obligations.

7.2. EMD NEFT Receipt should be kept in the envelope containing technical Bid. Any bid

not accompanied with the requisite EMD shall be treated as non-responsive and is liable to be

rejected.

7.3. The EMD of the unsuccessful bidders will be returned within 30 days. Successful

Bidder‟s EMD will be returned upon the bidder signing the contract and submitting the

required Performance Bank Guarantee for an amount of Rs.1.00 lakh, valid for 18 months

issued by a Scheduled bank in favour of IDBI Bank, Mumbai. No claim shall be made against

the Bank Guarantee against the Bank in respect of interest if any due on the performance

security.

The Performance Bank Guarantee should remain valid up to six months beyond the validity

of the contract.

The amount of performance security shall be liable to be forfeited if the medicines supplied

by the Bidder against the indents placed on them in pursuance of this contract are

subsequently found as having been stolen or are not conforming to quality. The performance

security is also liable to be forfeited if the empanelled Bidder:

i) Fails to adhere to the terms of the RFP and the Contract or

ii) Supplies any sub-standard, spurious drugs or substitute medicines.

iii) Delays in making the supplies.

iv) Over charges.

7.4. No interest is payable on the amount of EMD.

7.5. If EMD is forfeited for any reason, the concerned bidder will be debarred from further

participation in future RFPs floated by the Bank as per sole discretion of the Bank.

8. PERIOD OF CONTRACT

a) The period of the empanelment shall be for a period of three years subject to

satisfactory performance. The Bank would enter into contract with the selected

Bidder(s) for the supply of medicines for a period of one year.

b) The contract will be renewed every year after reviewing the performance of the

successful bidders and inviting fresh price bids from the prequalified bidders..

c) In respect of the annual purchase contract, supply orders will be placed against the

contract up to the last date of the contract. Orders received even on the closing

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date should be honoured in accordance with the terms of contract even though the

last date of the contract may have expired on the date of supply of medicines.

9. COST OF BIDDING DOCUMENT

The Bidder shall bear all costs associated with the preparation and submission of its bid

including cost of presentation(s), etc. Bank will not be responsible or liable for these costs,

regardless of the conduct or outcome of the bidding process.

10.1 CONTENT OF BIDDING DOCUMENT

10.1.1 The biding document provides overview of the requirements, bidding procedures and

contract terms. It includes Introduction, Instructions to Bidder, Terms & Conditions of

Contract, Functional Requirement Specifications (FRS), Eligibility Criteria, Technical Bid

and Financial Bid. The Bidder must conduct its own investigation and analysis regarding any

information contained in this RFP document, its meaning and impact of that information.

10.1.2 While IDBI Bank has made considerable effort to ensure that accurate information is

contained in this RFP and supplied solely as guidelines for Bidders, the Bidder(s) are

expected to examine all instructions, statements, terms and specifications in the bidding

document. Failure to furnish all information required by the bidding documents or

submission of bid not responsive to the bidding documents in every respect will be at the

Bidder‟s risk and may result in rejection of its bid.. Furthermore, during the RFP process,

IDBI Bank has disclosed or will disclose in the RFP and corrigendum/addenda, available

information relevant to the Scope of Work to the extent, detail, and accuracy allowed by

prevailing circumstances. Nothing in this RFP or any addenda is intended to relieve Bidders

from forming their own opinions and conclusions in respect of the matters addresses in this

RFP or any addenda.

10.2 CLARIFICATIONS & AMENDMENTS

10.2.1. If deemed necessary the Bank may seek clarifications on any aspect from the bidder.

However that would not entitle the bidder to change or cause any change in the substances of

the bid already submitted or the price quoted. The bidder may be asked to give presentation

for the purpose of clarification of the bid.

10.2.2At any time prior to the deadline for submission of bids, IDBI Bank may modify the

bidding document by amendment.

10.2.3Any clarification issued by IDBI Bank will be in the form of an addendum/

corrigendum and will be available in IDBI Bank‟s website. The amendment, if any to the

RFP will be binding on all bidders. IDBI Bank, at its discretion may extend the deadline for

submission of bids in order to allow prospective bidders a reasonable time to take the

amendment into account.

10.3 BIDDING PROCESS

10.1 The bids shall be submitted in two separate sealed envelopes, one containing

Technical Bid and other Financial Bid, both to be submitted together in one envelope.

All details with the relevant information / documents / acceptance of all terms and conditions

strictly as described in this RFP will have to be submitted. In the first stage, only

TECHNICAL BID will be opened and evaluated. Bidders satisfying eligibility criteria and

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agree to comply with all terms and conditions specified in this document will be evaluated for

technical specifications. Those bids that have complied to Technical bids shall be qualified

for commercial bid opening and further RFP process.

10.4. PROCEDURE FOR APPLICATION: All pages of documents must be signed with seal at the bottom and sent together with duly

filled in application form attaching all specified documents. Eligible suppliers / stockists /

chemists / Pharma Companies and their Dealers may submit applications in closed and sealed

envelopes superscribed as "Application for Empanelment of Suppliers / Stockists / Chemists

/ Pharma Companies and their Dealers for Supply of Medicines" accompanied by the copies

of documents as indicated at Schedule – I, of the RFP. Applications should be addressed to

the Deputy General Manager, IDBI Bank Limited, Accounts Payable Unit, Medical Section,

Corporate Centre, Mumbai-400 005, under whose jurisdiction the shop/establishment of the

bidder falls.

The bidder will be responsible to ensure that his application is deposited in the above

mentioned tender box on or before the due date and time. The Bank is not responsible for

non-receipt of applications within the specified date and time due to any reasons including

postal delays or delay in transit. All costs in connection with preparation of the RPF

document shall be borne by the applicant.

11. PREPARATION AND SUBMISSION OF BIDS

11.1. Bid shall be submitted in separate sealed envelopes, duly super scribed as below:

i) Part –I – Technical bid for empanelment of suppliers / stockist / chemist / Pharma

Companies and their Dealers for supply of medicines for the Bank‟s Dispensaries,

Corporate Centre, Mumbai.

ii) Part-II- Price/Financial bid for empanelment of suppliers / stockist / chemist / Pharma

Companies and their Dealers for supply of medicines for the Bank‟s Dispensaries,

Corporate Centre, Mumbai.

11.2 PART- I: TECHNICAL BID SHALL CONTAIN THE FOLLOWING:

i. Bid Covering Letter. Part I / F-I

ii. Bid Submission. Part I / F-II

iii. Documents relating to supplier/stockist/chemist/Pharma Companies and their

Dealers eligibility criteria- Part-I/F-III.

iv. Self-attested true copies of the supporting documents in respect of the above,

wherever applicable as per the RFP.

v. Duly countersigned Schedule-1, confirming the eligibility criteria along with

documents.

vi. EMD of Rs.30,000 only by way of NEFT credit to IDBI Bank A/c.

vii. Annexure -1 Application

11.3. PART-II –PRICE BID

Part-II Form-I, the price bid/commercial quote shall contain rate for each medicine

mentioned in the list along with the per cent of discount offered per medicine to the Bank.

Price bid strictly as per the stipulated format duly filled, signed and stamped on each page

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may be submitted in a separate sealed envelope super scribing as above and written therein

“„Price-bid‟ –Do Not Open”. Any correction in the bid should be duly authenticated under

full signature and seal of the firms /companies authorised signatory. The cover containing

technical bid and price bid should be put in another sealed cover, super scribed “RFP

for empanelment of suppliers / stockist / chemist / Pharma Companies and their Dealers

for supply of drugs and medicines”.

12. REVEALING OF PRICES

The rates and/or prices in any form or for any reasons should not be disclosed in the technical

or other parts of the bid except in the financial bid, failure to do so will make the bid liable to

be rejected. Before opening of financial bid, if price revision is envisaged by the Bank,

revised commercial bid may be required to be submitted in a separate sealed envelope.

13. PRE-BID MEETING

IDBI Bank may, at its sole discretion, organize a pre-bid meeting, to resolve any queries,

bidder may have. Any further information will be provided to all bidders on IDBI Bank

website as corrigendum or through e-mails to those who attend the pre bid meeting. The date

for Pre-bid meeting is as mentioned in the Bid Dates at the beginning of this document. Any

change in the date of pre-bid meeting will be posted on the IDBI Bank web site.

14. VALIDITY OF BIDS

Bid shall remain valid for 180 days from the last date for submission of bids mentioned at the

clause Bid Dates. A bid valid for shorter period is liable to be rejected. The bidder may

require to give consent for the extension of the period of validity of the bid beyond initial 180

days, if so desired by the Bank in writing or by fax. Refusal to grant such consent would

result in rejection of bid without forfeiture of the EMD. However any extension of validity of

bids will not entitle the bidder to revise/modify the bid document.

15. BID INTEGRITY

Wilful misrepresentation of any fact within the Bid will lead to the cancellation of the

contract without prejudice to other actions that Bank may take. All the submission, including

any accompanying documents, will become property of IDBI Bank. The bidders shall be

deemed to license, and grant all rights to IDBI Bank, to reproduce the whole or any portion of

their solution for the purpose of evaluation, to disclose the contents of submission to other

bidders and to disclose and/or use the contents of submission as the basis for RFP process.

16. FORMAT AND SIGNING OF BID

16.1 The bidder should prepare and submit the bid documents strictly as per the requirements

mentioned in this RFP.

16.2 All pages of the Bid document should be serially numbered and shall be signed by the

authorized person(s) only. The person(s) signing the bid shall sign all pages of the bid and

rubber stamp should be affixed on each page except for an un-amended printed literature.

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16.3 Any erasures or overwriting shall be valid only if the person(s) signing the bid counter

sign(s) them.

17. LAST DATE OF RECEIPT OF BIDS

The bid documents should be dropped in the tender box kept on the 10th

floor, APU -

Medical Section, IDBI Bank Ltd, Head Office, IDBI Tower, WTC Complex, Cuffe Parade,

Mumbai – 400 005 before the last date and time mentioned in the Bid Dates at the beginning

of this RFP.

In the event of the target date for the receipt of bids being declared as holiday for the Bank,

the bids will be received till the target time on the next working day. The bank may at its

discretion extend the bid submission date. In such case, the modified target date & time will

be notified on the web site of the Bank.

18. LATE SUBMISSION OF BIDS

Any bid received by the Bank after target date and time prescribed date and time at Bid dates

will be rejected and /or returned unopened to the bidder. Bidders are advised to ensure that

the submission of bids are made well within the time specified for the same as any delay will

be at the risk and responsibility of the person(s) who make such delayed submission

19. MODIFICATION AND WITHDRAWAL OF BIDS

No bid may be modified or withdrawn in the interval between the deadline for submission of

bids and the expiration of period of bid validity.

20. OPENING AND EVALUATION OF BIDS

20.1 Opening of Technical Bid

20.1.1. All the Bids will be opened at the date, time & location mentioned under the clause

Bid Dates or any subsequent date and time advised by the Bank. Representatives of Bidder

may be present during opening of Technical Bid. However, Technical Bids would be opened

even in the absence of any or all of the bidders representatives.

20.2 Evaluation Process

20.2.1 Technical Evaluation: The bids will be examined by the Bank to determine whether

they are complete and whether the required bid security and other details/documents have

been furnished /submitted. Bid determined as not substantially responsive will be summarily

rejected. The Bank may at its discretion waive any minor non conformity or irregularity

which does not constitute a material deviation or all for the immediate rectification of such

minor discrepancy and the decision of the Bank whether any deviation is material or not shall

be final & binding to all. The bids will be subjected to detailed scrutiny based on the claims

in the bid submissions and supporting documents vis-à-vis the requirement as per the RFP.

The Bank also reserve the right to make any personal inspection of the office of the bidder,

directly collect the feedbacks from other customers of the bidder and make such other

evaluation and inspection for the purpose of Technical Evaluation of the bidders. Those who

fulfil the technical qualifications will be considered as technically qualified and eligible for

commercial evaluation.

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20.3 Commercial Evaluation:

20.3.1 The Financial Bid of those bidders who are technically qualified will be opened at the

date, time & locations mentioned under the clause Bid Dates. Representatives of those

Bidders who technically qualify may be present during opening of Commercial Bid. However

Bids would be opened even in the absence of any or all of such bidder‟s representatives.

20.3.2. Price bid evaluation will be done on the basis of the following parameters:

i) The bidder has to quote the rates for each medicine mentioned in the list separately.

ii) The bidders have to quote the percentage of discounts that will be offered to the Bank

on each medicine ordered along with the MRP and rate.

iii) The Bank reserves the right to empanel more than two supplier/stockist/chemist/

Pharma Companies and their Dealers, if it is found to be appropriate.

iv) The Bank will buy the medicines from the empanelled bidders who quote lowest rate

i.e. highest discount and that bidder or those bidders will be treated as L1 bidder. If

more than two bidders offer same lowest rate and discount they will be treated as L1

bidder.

21. AWARD & SIGNING OF CONTRACT

21.1. IDBI Bank will notify successful bidders in writing that its bid has been accepted. The

Selected bidder has to return the duplicate copy to the Bank within 2 working days duly

Accepted, Stamped and Signed by Authorized Signatory in token of acceptance.

21.2. The successful bidder shall be required to enter into a contract/MOU with the Bank in

the format as laid down in Annexure V, within 15 days of the award of the tender or within

such extended period as may be decided by the Bank along with the letter of acceptance and

other terms and conditions as may be determined by the Bank to be necessary for the due

performance of the work in accordance with the Bid and acceptance thereof.

21. A. Right to accept/reject any or all applications: Applications received after the due date and time or incomplete in any respect are liable to be

rejected. The Bank reserves the right to accept or reject any or all of the applications in full or

part without assigning any reasons. Any condition put forth by the Bidders, non-conforming

to the Bid requirements shall not be entertained at all and such Bid shall be rejected

forthwith. The Bank reserves the right to scrap the panel at any time, without assigning any

reasons thereof. The Bank's decision in this regard shall be binding and final. The DGM,

APU Medical Section, Corporate Centre, has the right to modify/alter any requirements in

this document at his discretion in the interest of the Bank as deemed appropriate. His decision

in this regard shall be final.

21. B. Notification of acceptance: The DGM, APU-Medical Section, Corporate Centre will communicate acceptance of the

application by a letter.

22. CORRUPT, FRAUDULENT OR UNETHICAL PRACTICES

22.1 The Bank requires that the Bidder observes the highest standards of ethics during the

procurement and execution of contract for supply of medicines. The medicines/drugs to be

supplied will be of standard quality. In pursuance thereof, the terms are set forth as follows:

13

a) The Bidder shall not resort to offering, giving, receiving or soliciting of any thing of

value to influence the action of any official of the Bank in the empanelment process

or in contract execution.

b) The Bidder shall not resort to misrepresentation of facts in order to influence the

empanelment process or execution of a contract to the detriment of the Bank.

c) The Bank will declare a Bidder ineligible, either indefinitely or for a specified period

of time, for award of the contract, if at any time, it determines that the chemist has

engaged in corrupt and fraudulent practices in executing the contract.

d) The Bank may, without prejudice to any other remedy for breach of contract, at its

sole discretion, terminate the contract in whole or part in respect of any chemist for

any of the following reasons:

(i) supply of sub-standard/ spurious/ substitute medicines,

(ii) delay in supply/ refusal to supply/ non-supply of medicines,

(iii) over charging in the bill,

(iv) in case it is found that any particular medicine‟s date is expired or is near the date

of expiry

(v) if the chemist fails to perform any other obligation(s) under the contract

(vi) in the judgement of the Bank has engaged in corrupt or fraudulent practices.

e) If any such case indicated in (d) above is noticed during subsequent scrutiny after or

before the payment, then the chemist shall refund the disputed/excess amount already

paid by the Bank, replace the medicines in question. The Bank may stop payments

due or recover the cost of such supplies from the amounts due to the chemist.

23. CANCELLATION OF CONTRACT

The Bank shall have the right to cancel the contract with the selected bidder at any time

during the contract period, by giving a written notice of at least 1 (one) month, for any valid

reason, including but not limited to the following reasons:

(i) Excessive delay in execution of orders placed by the Bank.

(ii) Discrepancies / deviations in the agreed processes and/or products.

(iii) Violation of terms & conditions stipulated in this RFP.

(iv) Unsatisfactory or inefficient service to the Bank.

(v) The termination or cancellation of the contract under any of the circumstances

mentioned in the RFP or otherwise will not entitle the service provider to claim any

compensation or damage from the Bank. However, on termination, Bank will pay to

the service provider all the amount due as on the contract for the services already

provided to the Bank before such termination.

24. DELAYS IN PROVIDING THE SERVICE.

24.1. The efficient and timely rendering of services in accordance with the terms &

conditions specified in the RFP is important. Any delay in performing the obligation /defect

14

in performance by the service provider may result in imposition of liquidated damages,

forfeiting of EMD and/or termination of contract.

25. LIQUIDATED DAMAGES

25.1. If the selected Bidder fails to perform services within stipulated time schedule or any

loss is suffered by the Bank due to acts attributable to the Bidder/Service Provider, the Bank

shall have the right to claim liquidated damages of Rs.50,000/- (Rupees Fifty Thousand only)

per week or part thereof, subject to a maximum of 10% of contract value as Liquidated

Damages for non-performance / delayed performance, without prejudice to its other remedies

under the contract including termination of the Contract.

26. FORCE MAJEURE

26.1. Any failure or delay by Bidder or Bank in performance of its obligation, to the extent

due to any failure or delay caused by fire, flood, earthquake or similar elements of nature, or

acts of God, war, terrorism, riots, civil disorders, rebellions or revolutions, acts of

government authorities or other events beyond the reasonable control of non-performing

Party, is not a default or a ground for termination.

26.2. If Force Majeure situation arises the agency shall promptly notify Bank in writing of

such conditions and the cause thereof. Unless otherwise agreed by IDBI Bank in writing, the

agency shall continue to perform its obligations under the contract as far as is reasonably

practical, and shall seek all reasonable alternative means for performance not prevented by

the Force Majeure event.

27. INDEMNITY

The supplier / stockist / chemist / Pharma Companies and their Dealers shall indemnify the

Bank against all actions, suits, claims and demands brought or made against the Bank in

respect of anything done or committed to be done by the bidder in execution of or in

connection with the work of this contract and against any loss or damage to the Bank in

consequence to any action or suit being brought against the bidder for anything done or

committed to be done in the execution of this contract.

28. TAXES AND DUTIES

28.1. The Agency shall be entirely responsible for all taxes, duties, license fees, other taxes,

etc.,

29. INDENT FOR AND DELIVERY OF SUPPLIES:

a) On receipt of indent for supply from the Bank, the delivery of supplies in full shall be

made at the premises of the Bank's dispensary to which the indent pertains, during the

working hours of the dispensary as soon as possible but not later than three working days.

b) In case of indent for specific brand of medicines, the brand shall not be substituted. In

other cases medicines confirming to Schedule M specifications of the Central Drugs Standard

Control Organization shall be supplied.

15

c) Supplies are required to be made in original packing of manufacturer. The packing should

approximately be nearest to the total quantity indented of any particular medicine/drug.

d) Every medicine has its own shelf-life period mentioned on the label of medicine. The shelf

life of medicines supplied should not have passed more than half of its shelf life at time of

supply.

e) The Bidder will indicate batch number, name of manufacturer, date of expiry in the indent

at the time of supplying the medicines/drugs to the concerned dispensaries.

f) The Bidder should not stop the supplies of the medicines/drugs without giving 30 days

written notice.

30.1 PRESENTATION OF BILLS:

a) The supplier / stockist / chemist shall present the bill to respective office for the supplies

made. The bill should clearly indicate the details of the supplies made such as name of the

item, quantity, rate, discount amount, name of manufacturer, batch no., date of manufacture,

expiry date, indent no. with date etc. and any other information required by the Bank.

b) The bill shall be supported by the original indent along with the certificate from the

authorised official of the Bank in charge of the dispensary under his/her signature, with date,

seal of the office for receipt of the items indented.

c) Incomplete bills not accompanied by any of the particulars mentioned in (a) & (b) above

will not be entertained.

30.2 PAYMENT:

Payment of the bills presented will normally be arranged within 20 working days from the

date of presentation of the bill. However, the supplier / stockist / chemist shall make no claim

from the Bank in respect of interest or damages in case the payment is delayed for any

reasons. The payment has to be through ECS for which chemist should give requisite details

of Bank address, account no: etc.

16

Schedule I

ELIGIBILITY CRITERIA

Bidders have to fulfil the following eligibility criteria. If the Bid is not accompanied by all

the required documents supporting eligibility criteria, the same would be rejected. Bidder has

to countersign a copy of these eligibility criteria, confirming their edibility as per these

criteria and to be submitted along with the Bid submission:

1. ELIGIBILITY CRITERIA /PRE –QUALIFICATION

(a) The supplier /stockist/ chemist / pharma companies and their dealers must hold valid

licenses as on the date of application in specified forms (Form 20, 20-B, 21, 21-B and21-

C for various categories of allopathic drugs issued by the Drug Control Authority of the

State under the provisions of Drugs and Cosmetics Act, 1940 as applicable and any other

law in force. They must hold all other licenses, clearances and permissions as may be

necessary to carry out the trade of dealing with / selling of medicines. The empanelled

suppliers / stockists /chemists will further ensure and undertake that their licenses remain

valid till the end of the contact period.

(b) The suppliers / stockists / chemist / pharma companies and their dealers must not have

been convicted by the State Drugs Authorities and no case should be pending under the

drugs and Cosmetics Act and Rules.

(c) The suppliers / stockists / chemist / pharma companies and their dealers should have an

annual minimum turnover as specified in Part-1 / F-IV for last three years.

(d) The bidder should have undertaken a similar business arrangement i.e. empanelment for

supply of medicines with at least one Govt/Semi Govt/Public Sector organization during

the last two years.

(e) The suppliers / stockists / chemist / pharma companies and their dealers should agree to

supply all the medicines and consumables that the Bank indents irrespective of the brands

or manufacturers. Failure to do so after execution of the purchase contract as described

elsewhere in the document will result in automatic forfeiture of the Performance

Guarantee.

(f) The bidder should not have been debarred/black-listed by any Govt./Semi-Govt./Public

Sector Organization.

(g) The shop/establishment of the chemist should be situated in the same city/town where

empanelment is being sought.

(h) VAT clearance certificate should be available with the chemist.

(i) The bidder should have a computerized billing system.

Documentary evidence must be furnished against each of the above criteria along with an

index. All documents must be signed by the authorized signatory of the bidder. Relevant

portions, in the documents submitted in pursuance of eligibility criteria, should be

highlighted.

17

2. DOCUMENTS ESTABLISHING ELIGIBILITY:

The following documents should be submitted along with the application.

a) Self attested copies of valid licenses held by the chemist as on the date of application.

b) Copy of No Conviction Certificate from State Drugs Controller that no case is pending

against the firm under the Drugs and Cosmetics Act and Rules made there under as well

as under the Drugs (Price Control) Order, 1995 issued from time to time. An affidavit to

the affect is acceptable in lieu thereof.

d) Copies of the balance sheets for the last three financial years, duly certified by a

Chartered Accountant

e) Client report from one client as specified in para (I d) as per format in Annexure II.

e) Copy of Sales Tax registration.

f) Copy of VAT registration certificate.

g) A copy of PAN allotted to the chemist.

Signature

Seal of Company

(Signature and seal of company to be put on each page)

18

3. SCOPE OF WORK AND TERMS & CONDITIONS

1. DELIVERY OF SUPPLIES

The delivery of supplies in full shall be made within the time and place specified in the

respective Purchase Order (PO).

2. NON SUBSTITUTION / CONFIRMATION WITH SCHEDULE M

In case of indent for specific brand of medicines, the brand shall not be substituted. In all

other cases, medicines confirming to schedule M specifications only shall be supplied.

3. PACKED SUPPLIES

Supplies are required to be made in original packaging of manufacturer. The packing should

approximately be nearest to the total quantity demanded of any particular medicine/drug in

the P.O.

4. LIFE PERIOD OF MEDICINES SUPPLIED

Every medicine has its own shelf-life period mentioned on the label of medicine. The shelf

life of medicines supplied should not have passed more than half of its shelf life at the time of

supply.

5. PERFORMANCE SECURITY

The amount of Performance Security shall be liable to be forfeited if the medicines supplied

by the authorized Chemist against the POs placed on them in pursuance of this contract are

subsequently found as having been stolen from anywhere or are not conforming to quality.

The Performance Security is also liable to be forfeited if the authorized chemist:

i. Fails to adhere to the terms of the Contract or

ii. Supplies any sub-standard, spurious drugs or the substitute medicines.

iii.Delays supplies.

iv.Over charges.

The Chemist should not stop the supplies of the medicines/drugs without giving 30 days

notice.

6. DEDUCTIONS FOR DELAY/DEFAULT

6.1 In case of indent for specific brand of medicines, the same shall not be substituted. If

any such case is noticed during subsequent scrutiny after or before the payment, then chemist

will be penalized for Rs. 1000 + cost of the specific brand of medicines for each such default.

19

6.2 The delivery of supplies in full will be made on the next working day at the opening

hours of Bank's dispensary, at the premises of the dispensaries to which indenting the

supplies or in case of emergency at the residence of the patients as directed by the Bank. In

the event of non-supply of indented medicines in time as aforesaid, Rs. 500/- will be

deducted from the bill of the Chemists for each day or part thereof of delay in respect of each

item.

7. TERMINATION FOR DEFAULT

The Bank may, without prejudice to any other remedy for breach of contract, by written

notice of default sent to the bidder terminate the Contract in whole or part.

a. If the bidder fails to provide any or all of the services within the period(s) specified in the

Contract.

b. If the bidder fails to perform any other obligation(s) under the Contract.

c. If the bidder, in the judgment of the Bank has engaged in corrupt or fraudulent practices in

competing for or in executing the Contract.

8. RESERVATION OF RIGHT FOR APPOINTMENT OF MORE SUPPLIER /

STOCKIST / CHEMIST

The Chief Medical Officer reserves the right to enter into annual contracts with any number

of supplier /stockist / chemist. The Chief Medical Officer also reserves the right to allocate,

reallocate the dispensaries, existing and new ones that may be set up during the Currency of

the contract. The Chief Medical Officer also reserves the right to decide which supplier shall

normally serve which dispensary. Without prejudice to the right, emergency purchases can

be preferred from any of the empanelled supplier irrespective of such allotment of dispensary

to each Authorized Chemists for purchase of normal supplies.

9. SUPPLY OF MEDICINES

9.1 Sufficient stock of standard quality of medicines at all times will have to be maintained

by the supplier /stockist / chemist, to avoid inconvenience to the Bank's beneficiaries.

9.2 In case of failure or refusal on supplier /stockist / chemist's part to supply the medicines to

the purchaser/beneficiaries within the time as provided in the respective PO, the contract is

liable to be terminated/cancelled at supplier /stockist / chemist‟s risk and cost. Any extra cost

involved in arranging supply from alternative source will be recovered from the supplier

/stockist / chemist .

9.3 The chemist will indicate batch number, name of manufacturer date of expiry in the

indents at the time of supplying the medicines/drugs to the concerned Dispensaries.

9.4 a. The medicines/drugs to be supplied will be of standard quality. In case it is found that

any particular medicine's date is expired or is near the date of expiry, found not of standard

quality, substandard or spurious, supplier /stockist / chemist‟s (Appointed Authorized

supplier /stockist / chemist ) firm will be liable to be debarred for a period of 3 years besides

20

other legal action that may be initiated. In case the supplier /stockist / chemist fails to supply

indented drugs/medicines, the Bank will be entitled to procure the same from other supplier

/stockist / chemist and the supplier /stockist / chemist will be liable to reimburse in full the

price paid by the Bank. However, the supplier /stockist / chemistwill be allowed to claim

what would be payable to him for the medicines as per the agreed terms and conditions.

b. In case of indent for specific brand of medicines, the same shall not be substituted. If

any such case is noticed during subsequent scrutiny after or before the payment, then

chemist/stockist/distributor will be penalized for Rs. 1000 + cost of the specific brand of

medicines for each such default.

9.5 Indented medicines for the beneficiaries shall be supplied in individual packets by the

designated chemist /stockist /distributor.

10. INDEMNITY

The bidder shall indemnify the Bank against all actions, suits, claims and demands brought or

made against it in respect of anything done or committed to be done by the bidder in

execution of or in connection with the work of this contract and against any loss or damage to

the Bank in consequence to any action or suit being brought against the bidder for anything

done or committed to be done in the execution of this contract. The bidder will abide by the

job safety measures prevalent in India and will free the Bank from all demands or

responsibilities arising from accidents or loss of life, the cause of which is the bidder's

negligence. The bidder will pay all indemnities arising from such incidents without any extra

cost to Bank and will not hold the Bank responsible or obligated. The Bank may at its

discretion and entirely at the cost of the bidder defend such suit, either jointly with the bidder

or single in case the latter chooses not to defend the case.

21

Part I / F-I

Bid Covering Letter: To be submitted by the bidder along with Bid documents

To

The Deputy General Manager,

APU - Medical Section,

IDBI Bank Ltd,

Corporate Centre,

IDBI Tower, WTC Complex,

Cuffe Parade,

Mumbai – 400 005

Sir,

Our Bid for _____________________________

We submit our Bid Document herewith. We understand that:

1. The Bank is not bound to accept the lowest or any bid received by the Bank, and the Bank is

entitled to reject all or any bid without assigning any reason or giving any explanation whatsoever.

2. Bank may follow close or open bidding process; open or limited tender as per requirement of the

Bank.

3. If our Bid is accepted, we undertake to enter into and execute at our cost, when called upon by the

Bank to do so, a contract in the prescribed form.

4. If our Bid is accepted, we are to be jointly and severally responsible for the due performance of the

contract.

5. You may accept or entrust the entire work to one agency or divide the work to more than one

agency without assigning any reason or giving any explanation whatsoever.

6. Agency means the bidder who is decided and declared so after examination of commercial bids.

7. The name(s) of successful bidder to whom the contract is finally awarded after the completion of

commercial bid shall be communicated to successful bidder(s).

8. We agree to be bound by the terms and conditions of RFP and all applicable CVC guidelines/

instructions applicable in the matter.

9. We agree to maintain absolute confidentiality in respect of any details of the Bank or its

constituents or employees passed to us during the bidding process or contractual period.

Yours faithfully,

For:

Signature:

22

Name:

Part-1 / F -II

BID SUBMISSION FORM

To



IDBI Bank Ltd,

Corporate Centre,


Cuffe Parade,

Mumbai – 400 005

Dear Sir,

After examining the RFP Documents including all terms and conditions, annexure and

schedules therein the receipt of which are hereby duly acknowledged, we, the undersigned,

pleased to offer to execute the whole of the Job and in conformity with, the said Bid

Documents.

We confirm that this bid is valid for a period of 170 days from the last date fixed for

submission of bid in the RFP, and it shall remain binding upon us and may be accepted by

any time before the expiration of that period.

Until a final Agreement is prepared and executed, the bid together with your written

acceptance thereof in your notification of award shall constitute a binding Agreement

between us.

We understand that Bid Document is not exhaustive and any action and activity not

mentioned in Bid Documents but may be inferred to be included to meet the intend of the Bid

Documents shall be deemed to be mentioned in Bid Documents unless otherwise specifically

excluded and we confirm to perform for fulfilment of Agreement and completeness of the

Service in all respects within the time frame and agreed price.

We understand that you are not bound to accept the lowest priced or any bid that you may

receive.

We also confirm that as per the applicable law, we are authorised and competent to provide

the service sought by the Bank in bid documents.

SIGNATURE OF AUTHORISED PERSON WITH SEAL

DATE:

Duly authorized to sign bid for and on behalf of

(SIGNATURE OF WITNESS)

WITNESS NAME:

ADDRESS:

23

Part 1 / F - III

DOCUMENTS RELATING TO SUPPLIER / STOCKIST / CHEMIST’S ELIGIBILITY

CRITERIA

A. SUPPLIER/STOCKIST/CHEMIST IS REQUESTED TO FILL THIS CHECK LIST AND

ENSURE THAT ALL DETAILS/ DOCUMENTS HAVE BEEN FURNISHED ALONG WITH

HIS OFFER.

Documents required (Agency to

indicate)Yes/No

1. Documents to establish that the supplier / stockist / chemist should

have been in the business and other documents as per para 5 and

Eligibility criteria (a)

2. Under taking to be submitted onsupplier / stockist / chemist‟s letter

head that company has not been blacklisted by any PSU/ Govt. / Bank.

3. Certificate from one company with whom empanelled for good

track record

B. ANNUAL TURNOVER STATEMENT

The supplier / stockist / chemist shall indicate here the turnover from business of medicine supply for 3 years based

on the audited balance sheets Copy of Audited balance sheet .Turnover required for eligibility is Rs.75 lakh

THREE FINANCIAL YEARS TOTAL ANNUAL TURNOVER (IN RS.)and

turnover required for eligibility

2013 – 2014 /

2014 – 2015 /

2015 – 2016 /

C. SERVICE TAX REGISTRATION DETAILS

Service Tax Registration Number

Place & Registration Authority

D. VAT REGISTRATION DETAILS

Registration Number

Registration Authority

E. EMD DETAILS

Bank Draft/Bankers Cheque No.

Dated

Drawn on

PAN No. of the agency/ company

PART – II

24

COMMERCIAL / PRICE BID – TO BE SUBMITTED IN A SEPARATE SEALED

COVER.

FORM I

PRICE BID

From:

Name & Address

With Phone/fax & mobile no.

To



IDBI Bank Ltd,

Corporate Centre,


Cuffe Parade,

Mumbai – 400 005

Dear Sir/Madam,

Having fully read and understood, the terms, conditions and other details mentioned in the

Bank's RFP document dated . I/We hereby offer to supply medicines/drugs to the

Bank's dispensaries located at Mumbai at the rate given below:

1) Medicine-wise discount quoted on the Printed Retail Price offered on all items of supply-

a) AS MENTIONED AGAINST EACH MEDICINE IN LIST OF MEDICINE ENCLOSED

(In percentage term-in-figures)

2) I undertake to bear packing, cartage and transportation expenses and also bear all taxes,

VAT/Sales Tax/Levy/Cess/Octroi etc. as required or may be required under law, on aforesaid

supplies. Purchaser (the Bank) will pay only the Printed Retail Price less the above quoted

discount. I will not charge any such taxes from the purchaser (the Bank).

3) I also undertake to keep the above quoted rate of discount on the Printed Retail Price on all

items of supplies valid till duration of this contract.

4) I also undertake that all the medicines shall be provided as per indent/ PO and no

"substitute medicines" will be supplied.

Signature

Name:

Address with Stamp

25

Annexure I

IDBI BANK

APPLICATION FORM FOR EMPANELMENT OF SUPPLIER /

STOCKIST/CHEMIST FOR SUPPLYOF DRUGS & MEDICINES

S.No.

Item

Details

1. Name of supplier/ stockist / chemist

2. Constitution (Company / partnership/

proprietorship)

3. Details of Registration (Registering

Authority; Registration No. & Date)

4. Year of commencement of business

and number of years in operation

5. Sale Tax No.

6. PAN Number

7. Whether Manufacturer / authorized

distributor / dealer

8. Name(s) and address of the Proprietor

/ partner/ director / official with

designation authorized to make

commitment to the Bank

9. Telephone No.

Mobile No.

e-mail / Fax no.

10. Mailing Address

11. Whether the supplier /stockist /

chemist holds valid licence(s) on the

date of application for various

categories of allopathic drugs issued

by the Drug Control Authority of the

State under the provisions of Drugs

and Cosmetics Act, 1940 Please give

details of licenses.

12. Whether the supplier /stockist /chemist

has been convicted by the State Drugs

Controller or any case is pending

against the chemist under the Drugs

and Cosmetics Act and Rules made

26

thereunder as well as

under the Drugs Price Control Order

issued from time to time?

13. Whether VAT clearance certificate is

available with the supplier

/stockist/chemist

14. Whether the billing system is

computerized?

15. Agreement to best price norm (refer

para 34)

16. Names of the Government/ Public

Sector/ Corporate clients of the

supplier /stockist /chemist for bulk

supply of medicines.

Also give contact person's name and

telephone numbers.

17. Name and address of Principal Banker.

Please also give phone numbers

17. CONTACT PERSON

PARTICULARS

1.Name of the supplier / stockist /

chemist

2.Name of Contact Person

3.Mailing address with Pin Code

4.Telephone number and Fax Number

5. Mobile Number

6. e-mail

Declaration

I have read and understood the tender notice issued by IDBI Bank, containing the eligibility

criteria and the terms and conditions for empanelment supplier/ stockist / chemist for supply

of drugs and medicines. I fully accept the terms and conditions thereof. I also understand that

the Bank reserves the right to accept any or reject any or all of the applications, without

assigning any reasons.

Name:

Designation:

Signature

Date:

27

Annexure II

PROFORMA OF CLIENT'S CERTIFICATE REGARDING PERFORMANCE (can

be filed and printed separately)

Name & address of the client:

Details of works executed by Shri /

M/s_______________________________________

(name of chemist)

1. Name of work with brief particulars:

2. Agreement No. and date :

3. Agreement amount (approximates are also acceptable):

4. Details of penalties levied (indicate amount) if any for non-performance or non-

adherence to terms:

5. Name, address, telephone number and e-mail id of the authority under whom supply

executed

Name &Designation:

Telephone nos. :

E-mail:

6. Comments on the capabilities of the chemist:

a. Technical proficiency:

b. Financial soundness

c. Adherence to timelines:

d. Quality of work:

e. General behaviour:

The undersigned is competent to issue this certificate.

"Countersigned"

Signature

Name & Designation

Office seal

Contact number/s

28

ANNEXURE III

Medicine Tender form 2017 Sr.

No.

Name of Drug Strength/

Power

Name of the

Manufacturer

Packing Rate Exclusive

of any taxes

(Rs)

Tablets / Capsules

1 Aceclo plus 100/500 Aristo 15 tab .

2 Alerid –D 10-May Cipla 10 tab

3 Alex cough Lozenge 5 mg Glenmark 10 tab

4 Allegra 120 120 mg Aventis 10 tab

5 Allegra 180 180 mg Aventis 10 tab

6 Alprax 0.25 Torrent 15 tab

7 Alprax 0.5 Torrent 15 tab

8 Asthalin 2 2 mg Cipla 30 tab

9 Aten 25 25 mg Cadila zydus 14 tab

10 Aten 50 50 mg Cadila zydus 14 tab

11 Atarax 10 mg Unichem 15 tab

12 Atorec 5 5 mg Emcure 15 tab





17 A to Z Alekm 15 tab

18 Azitheral 250 mg Alembic 6 tab

19 Azitheral 500 mg Alembic 3 tab

20 Aztor 5 mg Sun Pharma 10 tab





25 Avil 25 25 mg Aventis 15 tab

26 Betatrop 50/20 Sun Pharma 10 tab

27 Banocide forte 100 GSK (Glaxo) 30 tab

28 Becosule Pfizer 20 cap

29 Bromaxin IPCA 10 tab

30 Buscogast (Hyoscine Butylbromide)

10 mg Boehringer Ingelheim

10 tab

31 Caldikind Plus Mankind 10 cap

32 Calpol 500 500 mg GSK (Glaxo) 15 tab

33 Cardace 2.5 2.5 mg Aventis 10 tab

34 Cardace 5 5 mg Aventis 10 tab

35 Cardace H 5 mg Aventis 10 tab

36 Cardarone 100 mg Sanofi 10 tab

37 Cetzine 10 mg GSK (Glaxo) 10 tab

38 Chymoral forte Torrent Pharma 20 tab

39 Ciprolet 250 250 mg Dr Reddy's 10 tab

29


No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

40 Ciprolet DS 500 500 mg Dr Reddy's 10 tab

41 Clavam 625 mg Alkem 10 tab

42 Clinicab 10 mg Akumentis 10 tab

43 Clopivas 75 75 mg Cipla 15 tab

44 Clopivas AP 75 75 mg Cipla 15 tab

45 Clopivas AP 150 150 mg Cipla 15 tab

46 Concor 5 mg Merck 10 tab

47 Concor AM 5 mg Merck 10 tab

48 Combiflam Aventis 20 tab

49 Cyclopam Indoco 10 tab

50 Cremalax Abbott 10 tab

51 Crocin advance GSK (Glaxo) 15 tab

52 Daonil 5 Emcure 30 tab

53 Darunavir 600mg cipla 60 tab

54 Depin 5 5 mg Cadila zydus 50 cap

55 Deriphyllin 100 100mg German Rem. 10 tab

56 Deriphyllin Ret. 150mg German Rem. 30 tab

57 Dexorange Franco India 30 cap

58 Digene Abbott 15 tab

59 Distaclor CD 375 375 mg Invida 10 tab

60 Domstal 10 mg Torrent Pharma 10 tab

61 Dolutegravir 50 mg Emcure 30 tab

62 Doxy 1 100 mg USV 10 cap

63 Droxyl 250 DT Torrent Pharma 10 tab

64 Duovir-E Cipla 3 tab

65 Dynaglipt 20 mg Mankind 10 tab

66 Ecosprin 75 75 mg USV 14 tab

67 Ecosprin 150 150 mg USV 14 tab

68 Ecosprin AV 75/10 75 mg USV 15 tab

69 Ecosprin AV 150/10 150 mg USV 15 tab

70 Enam 2.5 2.5 mg Dr. Reddy 15 tab

71 Enam 5 5 mg Dr. Reddy 15 tab

72 Enuff 100 mg 100 MG Hetro 10 cap

73 Enzoflam Alkem 10 tab

74 Evion forte Merk 10 cap

75 Famtac 20 20 mg Nicholas 14 tab

76 Folvite 5 mg Wyeth 45 tab

77 Forocart Rotacaps 200 mcg Cipla 30 cap

78 Foxstat 40 40 mg Franco India 10 tab

79 Galvus 50 mg Novartis 14 tab

80 Galvus met 50/500 Novartis 10 tab

81 Ganaton 50 mg Abbott 10 tab

82 Ganaton Plus Abbott 10 tab

83 Glimestar 2 2 mg Mankind 10 tab

84 Glimestar 1 1 mg Mankind 10 tab

85 Glimestar M1 500/1 mg Mankind 10 tab

30


No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

86 Glix 80 80 mg indi pharma 30 tab

87 Glizid M 80 / 500 Panacea 15 tab

88 Glucored forte 5/500 Sun 10 tab

89 Glyciphage 500 mg Franco India 20 tab

90 Glyciphage 850 mg Franco India 10 tab

91 Glyciphage SR 1000 mg Franco India 10 tab

92 Glyciphage SR 500 mg Franco India 10 tab

93 Glyciphage G2 500/2 mg Franco India 10 tab

94 Glynace 5 mg USV 10 tab

95 Isentress 400 mg MSD 60 tab

96 Januvia 100 100 MSD 7 tab

97 Januvia 50 50 MSD 7 tab

98 Lamivir 150 mg Cipla 10 tab

99 Lanol ER 650 Hetro 10 tab

100 Lanoxin 0.25 mg GSK 10 tab

101 Lanzol 15 15 Cipla 10 tab

102 Lariago DS 500 mg IPCA Lab 5 tab

103 Lasix 40 mg Aventis 15 tab

104 Lecope 5 mg Mankind 10 tab

105 Limcee 500 mg Abbott 15 tab

106 Lipril 2.5 mg Lupin 15 tab

107 Lipril 5 mg Lupin 15 tab

108 LMX 250 mg Cadila Pharma 10 cap

109 Lopamide 2 mg Torrent 10 tab

110 Losar 25 mg Unichem 15 tab

111 Losar 50 mg Unichem 15 tab

112 Losar H 50/12.5 Unichem 15 tab

113 Losar A 50/5 Unichem 10 tab

114 Lopimune 200/50 Cipla 60 tab

115 Meftal 500 mg Blue cross 10 tab

116 Metrogyl 400 mg JB Chem 15 tab

117 Minipress XL 2.5 mg Pfizer 30 cap

118 Montek 10 mg Sun 10 tab

119 Montek LC Sun 10 tab

120 Moxikind CV 625 Mankind 10 tab

121 Myospaz Win Medicare 10 tab

122 Myospaz Forte 500/50/325 Win Medicare 10 tab

123 Neurobion Forte E.Merck 15 tab

124 Neurokind LC Mankind 15 cap

125 Neurokind plus Mankind 10 cap

126 Nebicard 5 mg Torrent 10 tab

127 Nebicard H 5/12.5 mg Torrent 10 tab

128 Nicardia Retard 20 mg JB Chem 15 tab

129 Norflox 400 400 mg Cipla 10 tab

130 Norflox TZ 400/600 Cipla 10 tab

131 Novomax LB 500 Cipla 10 tab

31


No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

132 Novomox kid DT 125 mg Cipla 15 tab

133 Novomox DT 250 mg Cipla 15 tab

134 Nutriolin B plus Cipla 15 cap

135 Mega 3 Dr. Reddy 30 cap

136 Omez 20 mg Dr. Reddy 15 cap

137 Omez D SR 20 mg Dr. Reddy 15 cap

138 Ondem MD 8.mg Bergen/ Alkem 10 tab

139 Ornof Aristo 10 tab

140 Orofor XT Emcure 30 tab

141 Osteofos 35 mg Cipla 4 tab

142 Ostocalcium 100 mg GSK (Glaxo) 60 tab

143 Pan 40 40 mg Alkem 15 tab

144 Pan D. 40/10 Alkem 10 cap

145 Pankreoflat Solvey 10 tab

146 Pause MF 500/250 Emcure 10 tab

147 Phenergan 10 mg Abbott 10 tab

148 Phexin 250mg GSK (Glaxo) 10 cap

149 Phexin 500mg GSK (Glaxo) 10 cap

150 Phexin kid 125 mg GSK (Glaxo) 10 tab

151 Picnovit Sun 10 tab

152 Pinom 20 mg Lupin 10 tab

153 Pinom 40 ,mg Lupin 10 tab

154 Pinom 20+ 5 AM Lupin 10 tab

155 Pinom 20+12.5 H Lupin 10 tab

156 Pioz 7.5 mg USV 10 tab

157 Prolomet 25 mg SUN 10 tab

158 Prolomet 50 mg SUN 10 tab

159 Pioz 15 mg USV 10 tab

160 Rablet 20 20 mg Lupin 10 tab

161 Rinifol Elan 10 cap

162 Ritomune 100 mg cipla 60 cap

163 Rocaltrol Roche 10 Cap

164 Rosuvas 5 mg SUN 10 tab




169 Rosuvas F 10/160 SUN 10 tab

170 Rosuvas F 20/160 SUN 10 tab

171 Rosuva Gold SUN 10 tab

172 S.Numlo 2.5 2.5 mg Emcure 10 tab

173 Shelcal 250 250 mg Torrent 30 tab

174 Shelcal 500 500 mg Torrent 15 tab

175 Solvin Decongestant IPCA 15 tab

176 Sorbitrate 5 mg Abbott 50 tab

177 Stamlo 2.5 2.5 mg Dr. Reddy's Lab. 15 tab

178 Stamlo 5 5 mg Dr. Reddy's Lab. 15 tab

32


No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

179 Stamlo Beta 5/50mg Dr. Reddy's Lab. 15 tab

180 Stugeron 25 mg Johnson &John 25 tab

181 Tarivid 400 mg Aventis 5 tab

182 Telma 20 mg Glenmark 15 tab



189 Telma -H 40/12.5 Glenmark 15 tab

190 Telma AM 40+5 Glenmark 15 tab

191 Telma -H 80/12.5 Glenmark 15 tab

192 Terbiforce Mankind 7 tab

193 Triplecal USV 10 cap

194 Thyronorm 12.5 mcg 12.5 mcg Abbott 100 tab

195 Thyronorm 25 mcg 25 mcg Abbott 100 tab




199 Thyrox 200 mcg 200 mcg Macleods 100 tab

200 Tiniba 300 mg 300 mg Cadila Healthcare

10 tab

201 TG TOR F 160 10/160 Unichem 10 tab

202 Udiliv 300 300 mg Abbott 10 tab

203 Ultracet semi Johnson &John 10 tab

204 Urimax 0.4 0.4 mg Cipla 15 cap

205 Vertin 8 8 mg Solvey 10 tab

206 Viraday Cipla 30 tab

207 Voglistar MD (0.2) 0.2 mg Mankind 30 tab

208 Voglistar MD (0.3) 0.3 mg Mankind 30 tab

209 Valiphage 0.3 M 0.3+500 Franco India 10 tab

210 Wikory Alembic 10 tab

211 Wysolan 5 mg Wyeth 15 tab

212 Wysolan 10 mg Wyeth 15 tab

213 Zady (Azithromycin ) 250 Mankind 6 tab

214 Zady (Azithromycin ) 500 Mankind 3 tab

215 Zifi DT 100 mg FDC 10 tab

216 Zifi LBX 200 mg FDC 10 tab

217 Zinetac 150 mg GSK (Glaxo) 30 tab

218 Zocon 150 mg FDC 1 tab

219 Zyloric 100 mg GSK (Glaxo) 10 tab

220 Zental 400 mg GSK (Glaxo) 1 tab

Ointments

1 Betnovate 20 gm GSK (Glaxo) 20 gm

2 Betnovate C 30 gm GSK (Glaxo) 30 gm

3 Betnovate N 20 gm GSK (Glaxo) 20 gm

4 Candid 20 gm Glenmark 20 gm

5 Candid B 20 gm Glenmark 20 gm

33


No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

6 Dipsalic 30 gm Fulford 30 gm

7 Nobel Gel 10 gm Mankind 10 gm

8 Proctocedyl BD 20 gm Rossel 20 gm

9 Silverex 10 gm Crossland 10 gm

10 Soframycin 100 gm Aventis 100 gm

11 Surfaz SN 10 gm Franco India 10 gm

12 Terbinaforce plus 15 gm Mankind 15 gm

13 T-Bact Glaxo 5 gm

14 Thrombophob Oint 20 gm Zydus 20 gm

15 Volini Gel 15 gm Ranbaxy 15 gm

16 White Petrolium Jelly 1 kg Kim chemical 1 kg

17 Wokadine 125 gm Wockhardt 125 gm

18 Zole 15 gm rexel 15 gm

19 Zole F 15 gm rexel 15 gm

Sr.

No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

INJECTIONS

1 Adrenalin amp 1 ml Per Ampoule

2 Acknil 2 ml Therapeutic Ltd.

Per Ampoule

3 Atropin amp 1 ml Per Ampoule

4 Avil amp 2 ml Aventis Per Ampoule

5 Cyclopam amp 2 ml Indoco Per Ampoule

6 Decdan 2 ml Per Ampoule

7 Deriphyllin 2 ml German R. Per Ampoule

8 Dextrose 10 ml Per Ampoule

10 Humalog kwik pen 3 ml Eli Lilly 5 X 3 ml pen

11 Humalog cartiges 3ml Eli Lilly 5X 3ml cartriges

12 Huminsulin 30/70 Lilly 5X 3 ml Cartridges

13 H.Insugen R 100 iu/ml 10 ml Bicon 1 vial

14 H.Mixtard 30/70 10 ml Novo (Abboot) 1 vial

15 H.Mixtard / Actrapid 40 10 ml Novo (Abboot) 1 vial

16 H.Lantus Solostar Pen Avetis 3ml X 1 pen

17 H.Lantus 100 unites/ml 3ml Sanofi 5X 3ml cartriges

18 Lamevir flexen Pen Novo (Abbott) 5X 3ml cartriges

19 Lasix amp 2 ml Aventis Ampoule

20 Mixtard 30 flexpen Flexpen Novo (Abbott) 5X3 ml pen box

21 Mixtard 30 HM penfill Penfill Novo (Abbott) 5X 3 ml penfill

22 NovoMix 30 flexpen Flexpen Novo (Abbott) 5X 3 ml penfill

23 Novelet Acrapid flexpen

Flexpen Novo (Abbott) 5X3 ml pen box

24 Novorapid pen 100iu/ml Novo (Abbott) 5X 3 ml pen

25 Oral Polio Serum insti./ Bio - Medical

1 Vial

34


No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

26 Ondem Alkem Per Ampoule

27 Perinorm IPCA Per Ampoule

28 Phenargan amp Nicholas Piramal

Per Ampoule

30 Rantac amp JB Chem Per Ampoule

31 T.T. amp Serum/Biov 10 Ampoule

32 Voveran 3 cc Novartis Per Ampoule

Sr.

No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

Syrup / Expectorant

1 Allex sugar free Glenmark 100 ml

2 Augmentin Duo 30 ml GSK (Glaxo) 30 ml

3 Asthalin 100 ml Cipla 100 ml

4 Azee 100 mg 15 ml Cipla 15 ml

5 Bro-zedex S/F 100 ml Wockhardt 100 ml

6 Calpol 250 mg 60 ml GSK (Glaxo) 60 ml

7 Cetizine 60 ml. Glaxo 60 ml.

8 Citralka 100 ml Park Devis 100 ml

9 Combiflam 60 ml Aventis 60 ml

10 Coscopin Paed. 50 ml Bio-E 50 ml

11 Cremaffin Liq. 200 ml Abbott 200 ml

12 Cyclopam 30 ml Indoco 30 ml

13 Digene 200 ml Abbott 200 ml

14 Dilosyn Expectorent 115 ml GSK (Glaxo) 115 ml

15 Domstal 30 ml Torrent Pharma 30 ml

16 Duphalac 100 ml Solvey 100 ml

17 Flagyl 60 ml Sanofi 60 ml

18 Grilinctus 100 ml Franco India 100 ml

19 Lezyncet 30 ml Unichem 30 ml

20 Meftal P 30 ml Blue cross 60 ml

21 Nivaquin P 60 ml R & P / Nicholas 60 ml

22 Nutrolin B 60 ml Cipla 60 ml

23 OFM 30 ML Lekar / jb 30 ml

24 Piriton expct CS 100 ml GSK (Glaxo) 100 ml

25 Phenargan 100 ml R & P/ Nicholas Piramal

100 ml

26 Phexin 250 30 ml GSK (Glaxo) 30 ml

27 Tixylix cough syrup 60 ml Abbott 60 ml

28 T-minic 60 ml Novartis 60 ml

29 Ulgel A Syrup Alembic 200 ml

30 Wikoryl 60 ml Alembic 60 ml

31 Zental 10 ml GSK (Glaxo) 10 ml

32 Zifi 50 mg 30 ml FDC 30 ml

35

Sr.

No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

DROPS /GELS /POWDER

1 Albucid eye 10 ml Allergan 10 ML

2 Anbuta drop 50 ml NATEL NEUTRATEC

50 ml

3 Caldikind Granules 1X 8 Sachet Mankind 1X 8 Sachet

4 Candid ear drop 10 ml Glenmark 10 ml

5 Candid powder 50 gm Glenmark 50 gm

6 Chloro.Applicap 50 cap Park Davis 50 cap

7 Cifran eye drop Ranbaxy 5 ml

8 Electral Sachet sachet FDC 4.4 sachet

9 Enterogermina 5 ml Sanofi 5 ml X 10 pack

10 Gentycin eye Allergan 10 ml

11 Metrogyl DG oral gel 20 gm Unique 10 gm

12 Moisol eye drop 5 ml FDC 5 ml

13 Mosi eye drop 5 ml FDC 5 ml

14 Mosi eye oint 5 GM FDC 5 GM

15 Nebasulf / Betadine 10 mg Pfizer / WIN 10 gm

16 Orahelp gel Mankind 10 gm

17 Orasep gel 15 ml Elan pharma 15 ml

18 Otrivin Nasal adult 10 ml Novartis 10 ml

19 Otrivin Nasal Paed 10 ml Novartis 10 ml

20 Otogesic Ear Johnson 5 ml

21 Pyrimon eye 5 ml FDC 5 ml

22 Waxolve ear 10 ml Bell Pharma 10 ml

23 Winolap Sun Pharma 5 ml

24 Zoxan Eye Drop 5 ml FDC 5 ml

Sr.

No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

MISCELLANEOUS

1 Bandages 2” 5 x 3 x 30 Soft touch

2 Bandages 3 ” 7.5 x 3x30

3 Betadine Solution 100 ml Win-medicare100 ml

5 Clinical Spirit 400 ml 400 ml bottle

6 Cotton Jaycot / docs 500 gm

7 D. Syringe 2ml with needle BD 2ml with needle

8 D.Syringe 5ml with needle BD 5ml with needle

9 D.Insulin syringes 31 G

6 mm/U-40 BD 31 G/10 pack

10 Dispe.needle BD/Romsons 26 GX1.5'

11 Dettol Liquid Reckit benckiser 500 ml

13 Gauze swab 10X10X8X4 Soft touch 4 pcs pkt

14 Gloves (Nulify) 7½ 71/2inch Nulife 2 pcs pkt

15 Gloves (Plastic) 25 pieces

16 Hydrogen Peroxide 400 ml Leo 400 ml

17 Lactobacil Plus Swiss/MSD 1 G. sachet

18 Latex Exam.Gloves Nulife/ MRK Healthcare

100 piecs

36


No.


Power

Name of the

Manufacturer


of any taxes

(Rs)

19 Micropore with cutter 2.5 CM X 12 Micropore 2.5 CM

20 Micropore with cutter 5.00 CM X 6 Micropore 5 CM

21 Micropore without cutter

2.5 CM X 12 Micropore 2.5 CM

22 Novofine needle 31G 100 pkt Novo (Torrent) 100

23 Plastic Dubbi small 1X60 nos 1 pkt

24 Savlon Jaycot / docs 1 lit

25 Spinal Needle 18 nos BD per piece

26 Sterlized wound dressing cotton roll 5 CM

27 Sterile gloves 6 ½ 1 Nulife/ MRK Healthcare

per piece

28 Tr.Benzoin 450 450 ml

29 Thermometer Flat type Hicks ( Oval) 1 piece

30 Winscrub hand sanitizer

500 ml Win-medicare 450 ml

Please put signature and seal on all pages

Please mention rate exclusive of taxes (not to mention VAT or any taxes)

taxes should mentioned separately in bill

37

ANNEXURE - IV

PERFORMANCE BANK GUARANTEE

To



IDBI Bank Ltd,

Corporate Centre,


Cuffe Parade,

Mumbai – 400 005

Dear Sir,

PERFORMANCE BANK GUARANTEE - FOR SUPPLY OF MEDICINES AND

ALLIED SERVICES

WHEREAS M/s. (name of supplier), a company registered under the Companies Act, 1956,

having its registered and corporate office at (address of the Supplier), (hereinafter referred to

as "our constituent" which expression, unless excluded or repugnant to the context or

meaning thereof, includes its successors and assigns), entered into a Memorandum of

Agreement dated …………….. (hereinafter, referred to as "the said Agreement") with you

(IDBI Bank, Corporate Centre, Accounts Payable Unit, Medical Section, Cuffe Parade,

Mumbai 400021) for supply of medicines to the Bank's Medical Dept. as detailed in the said

Agreement.

We are aware of the fact that in terms of para 6 of the said Agreement, our constituent is

required to furnish a Bank Guarantee for an amount Rs. _____________ (in words and

figures), as per the said Agreement, as security against breach/default/non-performance of the

said Agreement by our Constituent. In consideration of the fact that our constituent is our

valued customer and the fact that he has entered into the said Agreement with you, we (name

and address of the bank), have agreed to issue this Performance Bank Guarantee.

Therefore, we (name and address of the Bank) hereby unconditionally and irrevocably

guarantee you as under:

I. In the event of our constituent committing any breach/default of the said Agreement,

including inability of the solution provided to attain the performance criteria stipulated in the

Agreement, which breach/default has not been rectified within a period of thirty (30) days

after receipt of written notice from you, we hereby agree to pay you forthwith on demand

such sum/s not exceeding the sum of Rs. ____________ (in words and figures) without any

demur.

II. Notwithstanding anything to the contrary, as contained in the said Agreement, we agree

that your decision as to whether our constituent has made any such default/s / breach/es, as

aforesaid and the amount or amounts to which you are entitled by reasons thereof, subject to

the terms and conditions of the said Agreement, will be binding on us and we shall not be

38

entitled to ask you to establish your claim or claims under this Performance Bank Guarantee,

but will pay the same forthwith on your demand without any protest or demur.

III. This Performance Bank Guarantee shall remain valid up to six months beyond validity

of the contract subject to the terms and conditions in the said Agreement.

IV. We bind ourselves to pay the above said amount at any point of time commencing from

the date of execution of the guarantee until it is released/invoked by you pursuant to the

provisions of the said agreement.

V. We further agree that the termination of the said Agreement, for reasons solely

attributable to our constituent, virtually empowers you to demand for the payment of the

above said amount under this Guarantee and we have an obligation to honour the same

without demur.

VI. In order to give full effect to the Guarantee contained herein, we (name and address of

the bank), agree that you shall be entitled to act as if we were your principal debtors in

respect of your claims against our constituent. We hereby expressly waive all our rights of

surety ship and other rights, if any, which are in any way inconsistent with any of the

provisions of this Performance Bank Guarantee.

VII. We confirm that this Performance Bank Guarantee will cover your claim/s against our

constituent made in accordance with this Guarantee from time to time, arising out of or in

relation to the said Agreement and in respect of which your claim is lodged with us on or

before the date of expiry of this Performance Guarantee, irrespective of your entitlement to

other claims, rights and relief, as provided in the said Agreement.

VIII. Any notice by way of demand or otherwise hereunder may be sent by special courier,

telex, fax, registered post or other electronic media to our address, as aforesaid and if sent by

post, it shall be deemed to have been given to us after the expiry of 48 hours when the same

has been posted.

IX. If it is necessary to extend this Guarantee on account of any reason whatsoever, we

undertake to extend the period of this Guarantee on the request of our constituent under

intimation to you (IDBI Bank)

X. This Performance Bank Guarantee shall not be affected by any change in the constitution

of our constituent nor shall it be affected by any change in our constitution or by any

amalgamation or absorption thereof or therewith or reconstruction or winding up, but will

ensure to the benefit of you and be available to and be enforceable by you. Notwithstanding

anything contained hereinabove, our liability under this Performance Guarantee is restricted

to Rs. __________ (in words and figures) and shall continue to exist, subject to the terms and

conditions contained herein, unless a written claim is lodged on us on or before the aforesaid

date of expiry of this guarantee.

XI. We hereby confirm that we have the power/s to issue this Guarantee in your favour under

the Memorandum and Articles of Association/Constitution of our Bank and the undersigned

is/are the recipient of authority by express delegation of power/s and has/have full power/s to

execute this Guarantee under the Power of Attorney issued by the Bank in his/their favour.

39

XII. We further agree that the exercise of any of your rights against our constituent to enforce

or forbear to enforce or any other indulgence of facility, extended to our constituent to carry

out the contractual obligations as per the said Agreement, would not release our liability

under this Guarantee and that your right against us shall remain in full force and effect,

notwithstanding any arrangement that may be entered into between you and our constituent,

during the entire currency of this Guarantee.

XIII. Notwithstanding anything contained herein :

Our liability under this Performance Bank Guarantee shall not exceed Rs. ________ (in

words and figure)

This Performance Bank Guarantee shall be valid only up to __________ (date) and we are

liable to pay the guaranteed amount or part thereof under this Performance Bank Guarantee

only and only if we receive a written claim or demand on or before (date).

This Performance Bank Guarantee must be returned to the bank upon its expiry. If the

Performance Bank Guarantee is not received by the Bank within the above-mentioned period,

subject to the terms and conditions contained herein, it shall be deemed to be automatically

cancelled.

Dated ………………. this ………………….. day …………..201

Yours faithfully,

For and on behalf of the Bank

(Signature)

Designation

Address of the Bank

40

ANNEXURE V

CONTRACT FORM

THIS AGREEMENT made at………………… the ………day of …………………….

2017.

Between

IDBI BANK LIMITED, a company registered under the Companies Act, 1956 (1 of 1956)

and a banking company within the meaning of Section 5 (c) of the Banking Regulation Act,

1949 (10 of 1949) and having its registered office at IDBI Tower, WTC Complex, Cuffe

Parade, Mumbai – 400 005 (hereinafter called “IDBI Bank” which expression shall unless it

be repugnant to the subject, context or meaning thereof shall be deemed to mean and include

its successors and assigns) of the ONE PART

And

………………… (Name of Successful Bidder) of ………………… (please specify the

registered office of the Successful Bidder) (hereinafter called “Successful Bidder” which

expression shall unless it be repugnant to the subject, context or meaning thereof shall be

deemed to mean and include its successors and permitted assigns) of the OTHER PART;

IDBI Bank and Successful Bidder are hereinafter collectively referred to as "Parties"

and individually as Party

WHEREAS IDBI Bank vide its RFP No. [] dated [] (RFP) had invited Bids from

the eligible Bidders for empanelment of suppliers/stockists/chemists for supply of drugs and

medicines to the dispensaries of IDBI Bank ( hereinafter referred to as “the Services”).

WHEREAS the Successful Bidder has represented that it is

supplier/stockists/chemists and is in the business of supplying the medicines and drugs and

has all the requisite skills, expertise, experience and necessary facilities for

providing/rendering/delivering the aforesaid Services to IDBI Bank.

WHEREAS IDBI Bank relying upon the representations and warranties made by the

Successful Bidder has accepted its Bid for rendering/delivering the Services for the sum of

[] (Contract Price in Words and Figures) (hereinafter called “the Contract Price”). In the

said premises, the Parties hereby enter into this Agreement to provide the Services, on the

terms and conditions appearing hereinafter

NOW THIS AGREEEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND

BETWEEN THE PARTIES HERETO AS FOLLOWS: In consideration of the payment of the Contract Price in accordance and subject to terms and

conditions contained in RFP by IDBI Bank to the Successful Bidder, the Successful Bidder hereby

agrees and covenants with IDBI Bank to provide/render/deliver the Services and to remedy defects, if

any therein, strictly in conformity in all respects with the provisions of the Contract and the RFP.

1. Definitions and Interpretation

In this Agreement words and expressions not specifically defined shall have the same meanings as

are respectively assigned to them in the RFP.

41

2.Scope Of Work And Terms & Conditions

2.1. Delivery Of Supplies

The Successful Bidder shall make the delivery of supplies in full within the time and place

specified in the respective Purchase Order (PO).

2.2. Non Substitution / Confirmation With Schedule M

The Successful Bidder shall not substitute the brand of medicines, in case the indent is for the

pecific brand of medicines. In all other cases, the Successful Bidder shall only supply the

medicines confirming to the specifications in schedule M.

2.3. Packed Supplies

The Successul Bidder shall ensure that the supplies are made in original packaging of the

manufacturer. The packing should approximately be nearest to the total quantity demanded of

any particular medicine/drug in the PO.

2.4. Life Period Of Medicines Supplied

The Parties are aware that every medicine has its own shelf-life period mentioned on the label of

medicine. The Successful Bidder shall ensure that the shelf life of medicines supplied should not

have passed more than half of its shelf life at the time of supply.

2.5. Performance Security

The Successful Bidder shall furnish Performance Bank Guarantee for an amount of

Rs.___________ to IDBI Bank. The Succesful Bidder agree and confirm that the performance

bank guarantee shall be invoked if the medicines supplied by the Successful Bidder against the

POs placed on them in pursuance of this contract are subsequently found as having been stolen

from anywhere or are not conforming to quality. The Performance Bank Guarantee is also liable

to be forfeited if the authorized chemist:

i. Fails to adhere to the terms of the Contract or

ii. Supplies any sub-standard, spurious drugs or the substitute medicines.

iii.Delays supplies.

iv.Over charges.

The Successful Bidder agrees that it shall not stop the supplies of the medicines/drugs without

giving 30 days notice to IDBI Bank.

2.6. Deductions For Delay/Default

2.6.1 The Successful Bidder shall not substitute a brand if the indent made by IDBI Bank is for

specific brand of medicines. The Successful Bidder agrees that, if any such case is noticed during

subsequent scrutiny after or before the payment, then IDBI Bank shall be entitled to penalise the

Successful Bidder with Rs. 1000/- together with the cost of the specific brand of medicines for

each such default.

2.6.2 The Successful Bidder agrees to make the delivery of supplies in full on the next working

day at the opening hours of IDBI Bank's dispensary, or at the premises of the dispensaries to

which indenting the supplies or in case of emergency at the residence of the patients as directed

42

by IDBI Bank. In the event of non-supply of indented medicines in time as aforesaid, Rs. 500/-

IDBI Bank will be entitled to deduct from the bill of the Successful Bidder for each day or part

thereof of delay in respect of each item.

2.7. Termination For Default

IDBI Bank may, without prejudice to any other remedy for breach of contract, by written

notice of default sent to the Successful bidder terminate the Contract in whole or part if

(i) the Successful Bidder fails to provide any or all of the Services within the

period(s) specified in the Contract.

(ii) If the Successful Bidder fails to perform any other obligation(s) under the Contract.

(iii) If the Successful Bidder, in the judgment of IDBI Bank has engaged in

corrupt or fraudulent practices in completing for or in executing the

Contract.

2.8. Reservation Of Right For Appointment Of More Supplier / Stockist / Chemist

IDBI Bank reserves the right to enter into annual contracts with any number of supplier /stockist /

chemist. IDBI Bank also reserves the right to allocate, reallocate the dispensaries, existing and new

ones that may be set up during the currency of the contract. IDBI Bank also reserves the right to

decide which supplier shall normally serve which dispensary. Without prejudice to the right,

emergency purchases can be preferred from any of the empanelled supplier irrespective of such

allotment of dispensary to each authorized chemists for purchase of normal supplies.

2.9. Supply Of Medicines

2.9.1 The Successful Bidder shall maintain sufficient stock of standard quality of

medicines at all times, to avoid inconvenience to IDBI Bank's beneficiaries. In case of

failure or refusal on Successful Bidder‟s part to supply the medicines to IDBI Bank

within the time as provided in the respective PO, the contract is liable to be

terminated/cancelled at Successful Bidder‟s risk and cost. IDBI Bank shall be entitled to

recover from the Successful Bidder any extra cost involved in arranging supply medicines

from alternative sources.

2.9.2 The Successful Bidder shall indicate batch number, name of manufacturer date of expiry in the

indents at the time of supplying the medicines/drugs to the concerned Dispensaries/IDBI Bank.

2.9.3 The Successful Bidder shall ensure that the medicines/drugs to be supplied will be of standard

quality. In case it is found that any particular medicine's date is expired or is near the date of expiry,

found not of standard quality, substandard or spurious, Successful Bidder/its firm will be liable to be

debarred for a period of 3 years besides other legal action that may be initiated. In case the Successful

Bidder fails to supply indented drugs/medicines, IDBI Bank will be entitled to procure the same

from other supplier /stockist / chemist and the Successful Bidder will be liable to reimburse in full the

price paid by IDBI Bank. The Successful Bidder will be allowed to claim what would be payable to

him for the medicines supplied by him as per the agreed terms and conditions.

2.9.4. The Successful Bidder shall supply the indented medicines for the beneficiaries in individual

packets.

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2.10. Indemnity

The Successful Bidder shall indemnify IDBI Bank against all actions, suits, claims and demands

brought or made against it in respect of anything done or committed to be done by the Successful

Bidder in execution of or in connection with the work of this contract and against any loss or damage

to IDBI Bank in consequence to any action or suit being brought against the Successful Bidder for

anything done or committed to be done in the execution of this contract. The Successful Bidder will

abide by the job safety measures prevalent in India and will free IDBI Bank from all demands or

responsibilities arising from accidents or loss of life, the cause of which is the Successful Bidder's

negligence. The Successful Bidder will pay all indemnities arising from such incidents without any

extra cost to IDBI Bank and will not hold IDBI Bank responsible or obligated. IDBI Bank may at its

discretion and entirely at the cost of the Successful Bidder defend such suit, either jointly with the

Successful Bidder or single in case the latter chooses not to defend the case.

2.11.Payment and Payment Terms

2.11.2 IDBI Bank hereby agrees and covenants to pay the Successful Bidder in

consideration of the Service(s) and the remedying of defects, if any 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.

2.11.3. Payment will be made after deducting tax deductible at source as per applicable

tax laws.

2.11.4. The Payment shall be subject to deduction of penalties if any, levied on the

Successful Bidder by IDBI Bank in accordance with the provisions of this

Agreement and the RFP.

2.11.5. Notwithstanding anything contained in this Agreement or the RFP where the

Successful Bidder is liable to pay any amount to IDBI Bank, on account of

penalties under this agreement or invocation of indemnity by IDBI Bank, for third

party claims, or for any other reason, IDBI Bank shall without prejudice to its other

rights be within rights to adjust such amounts from the Contract Price payable to

the Service Provider and raise a demand on the Service Provider for the balance

amount if any and the Service Provider shall pay such amount to the Bank within

10 working days of receipt of such demand.

3. Representation And Warranties

3.1 Each Party has all requisite power and authority to enter into and perform its

obligations under this Agreement and has taken all actions, obtained all regulatory,

corporate and contractual authorizations to validly enter into this Agreement and

perform all its obligations under this Agreement.

3.2.The execution and delivery of, or the performance of obligations under this Agreement

do not violate or conflict with any statute, rule, regulation, directive, other law,

judgment, order, decree or award applicable to either Party, or any agreement, contract,

promise, covenant, undertaking, representation or warranty, applicable to or made by

either Party.

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3.3.Neither the execution of this Agreement, nor the performance of obligations agreed

hereunder, shall conflict with, or result in a breach of, or constitute a default under its

respective memorandum of association, articles of association, or any law, rule,

regulation or any directive or order of any government authority or of any agreement

to which it is a party or is subject;

3.4.There is no conflict of interest of the Parties with regard to the subject matter of this

Agreement.

4. Entire Agreement

This agreement, and the RFP together with all Annexure, and Schedules as amended from time to

time, and the other related documents shall be deemed to form and be read and construed as part of

these presents. This agreement supersedes any prior contract, understanding or representation of the

Parties on the subject matter.

5. Amendment, Assignment

This Agreement may be amended or modified only with the mutual written consent of the

parties. Neither this Agreement nor any right granted hereunder shall be assignable or

otherwise transferable.

6. Governing Law and Jurisdiction: The provisions of this Agreement shall be governed

by the laws of India. The disputes, if any, arising out of this Agreement shall be submitted

to the jurisdiction of the courts/tribunals in Mumbai.

7. Waiver: No failure or delay by either party in exercising any right, power or privilege

under this Agreement will operate as a waiver, nor will any single or partial exercise

preclude any other or further exercise of any right, power or privilege under this

Agreement.

8. Notices

Any notices or communication required or to be given under this Agreement shall be in

writing and given by sending it by recognized courier with acknowledgment of receipt

requested to the addresses stated in the description of Parties, or such other addresses as

the Parties may notify to each other in writing, in the event of any change

IN WITNESS WHEREOF the parties hereto have caused these presents to be executed on

the day, month and year first above written.

Signed and Delivered by

the withinnamed

Signature :

Name :

Date :- ..........................

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IN THE PRESENCE OF

1. Signature

Name :- .......................

Address :- .......................

..................................

2. Signature

Name :- .......................

Address : .......................

..................................

Signed and Delivered by ......... .........................

the withinnamed

M/s. ..................................

..................................

Date :- .......................

IN THE PRESENCE OF :

1. Signature 2. Signature

Name :- ...................... Name : ……………………….

Address :- ...................... Address : ……………………

.................................. ………………………..

Disclaimer RFP - IDBI Bank...(a) The supplier /stockist/ chemist / Pharma Companies and their...

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