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ESIC e-TENDER ENQUIRY FORM FOR RATE CONTRACT FOR SUPPLY OF

SURGICAL SUTURES

e-Tender Enquiry Form – Free of cost

CONTENTS Tender Letter

Terms & Conditions with Annexure Check List of the Documents

Item Schedule

EMPLOYEES‟ STATE INSURANCE CORPORATION ROOM NO. 312 & 314 HQRS. OFFICE, PANCHDEEP BHAWAN

C.I.G. ROAD, NEW DELHI – 110 002 LAST DATE OF SUBMISSION OF ONLINE & MANUAL BID (EMD Envelope): 27th April 2018 till 10:00 AM. For any further clarifications/queries for e-Procurement Portal, please contact at: Email id for Support / Helpdesk - https://esictenders.eproc.in/hlml/Support.asp

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EMPLOYEES' STATE INSURANCE CORPORATION ESIC Hqrs, Panchdeep Bhawan, C.I.G. ROAD, NEW DELHI

e-Tender Enquiry No.U-25/12/Surgical Sutures/2018-Med.V Dated: ________ On behalf of the Director General, Dy. Medical Commissioner (RC) invites online e-Tender Enquiry No. U-25/12/ Surgical Sutures /2018-Med.V for DG ESIC Rate Contract for supply of Surgical Sutures, for use of ESI institutions all over India, through e-procurement portal of ESIC - https://esictenders.eproc.in SUMMARY OF DG-ESIC RATE CONTRACT

I. It is proposed to enter into a Running Rate Contract with bidder(s)/ firm(s) which fulfill the

eligibility criteria approved by ESI Corporation for supply of Surgical Sutures/ items enumerated in the schedule annexed. The eligibility criteria have been given in the terms and conditions. Bidder(s)/ Firm(s) intending to participate in the rate contract should first ensure that they fulfill all the eligibility criteria as prescribed under the terms and conditions, otherwise the tenders will be summarily rejected.

II. The Rate Contract will be governed by the terms and conditions enclosed with this Tender Enquiry and no modifications / alterations etc. are allowed in any case. If any modification / alteration is proposed or any other condition advanced by the bidder, it shall be ignored and the bid will be disqualified.

III. Bidder is therefore advised to tender rate quotations only if the terms and conditions as prescribed by Corporation are acceptable to them in its entirety and they fulfill all the eligibility criteria.

IV. To participate in e-tender, bidder should register at https://esictenders.eproc.in and send Bid Processing Fee via online payment mode to the Service Provider at the earliest to ensure timely registration and bid submission. The bidder(s) should complete all stages of online bid submission through e-procurement portal of ESIC i.e. https://esictenders.eproc.in. Bidders should not wait for the last date. They are requested to complete the process of online bid submission well before the closing, in order to safeguard their own interest.

V. Evaluation & finalization of Rate Contract will be based on e- bid submitted by the bidder. It is the sole responsibility of the bidder to scan and upload clear and legible documents for the purpose of evaluation. Any deficiency in the document submitted by the bidder shall lead to disqualification of the bidder and shall be the sole responsibility of the bidder.

www.esic.nic.in

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VI. A SINGLE SEALED ENVELOPE :

The bidder should put a separate sealed envelope in tender box containing 1) Original Demand Draft(s) of EMD‟s. A single sealed envelope superscribed with the e-Tender for supply of Surgical Sutures duly completed and addressed to Dy. Medical Commissioner (R.C.) should be dropped in the tender box kept in R.C. Cell, Room No. 312, III Floor, ESIC Hqrs. Office, Panchdeep Bhawan, C.I.G. Road, New Delhi – 110002 on or before 10.00 A.M. on 27th April 2018.

VII. ONLINE TECHNICAL BID: The bidder should upload all the certificates / documents for the items tendered online in Technical Bid. The tender shall be liable to be rejected if complete documents/certificates/annexure are not uploaded or EMD is not submitted in time

VIII. Online Technical Bid and a single sealed envelope will be opened on 27th April 2018 at

10:30 AM at the Vth Floor, Committee Room, Hqrs. Office, ESI Corp., C.I.G. Road, New Delhi – 110002 in presence of representatives of the bidder(s)/ firms having an authority letter(on letterhead of the firm) for representation from the firm along with their identity proof in support.

IX. If any representative of the bidder(s)/firm(s) fails to present and / or is absent from the bid meeting, their presence will not be marked later in any circumstances. The absence of any representative of the bidder(s)/firm(s) shall be the sole responsibility of the firm.

X. The bid meeting will be conducted by the ESIC in the manner and procedure as prescribed and a certificate will be obtained from all the participant(s) / representative(s) of the bidder(s)/firm(s) attending the bid meeting w.r.t. the same.

XI. If the date of opening of tender is declared a public holiday, the tenders shall be opened on the next working day at the same venue and time.

XII. Technical Evaluation:- Technical evaluation of bid will be evaluated in two stages. (i) Technical evaluation on the basis of documents to examine the eligibility and other prescribed conditions. (ii) Evaluation/Examination/Testing of samples of items quoted in tender. Sample(s) not found technically fit in such evaluation will be declared rejected/non-responsive for that quoted item.

XIII. PRICE BID ONLINE : The Bidder has to fill Annexure 'P' online. Online Price Bid of only those bidder(s) who are found technically eligible will be opened. The communication through email will be sent to the technically eligible bidder(s).

NOTE:- 1) It is sole responsibility of participating bidder to check further notification(s) / update(s)/

corrigendum(s), if any on ESIC website - www.esic.nic.in & ESIC e-Procurement portal -https://esictenders.eproc.in

2) After uploading all the documents/ certificates/ Annexure(s)/ Affidavits etc online, the participating bidder should check by downloading themselves to see if documents are uploaded correctly and they are legible to read.

Dy. Medical Commissioner (RC)

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Important Instructions for Bidders regarding Online Payment All bidders/firms are required to procure Class-IIIB Digital Signature Certificate (DSC) with Both DSC Components i.e. Signing & Encryption to participate in the E-Tenders. Bidders should get Registered at https://esictenders.eproc.in. Bidders should add the below mentioned sites under Internet Explorer Tools Internet Options Security Trusted Sites Sites of Internet Explorer Trusted Sites https://esictenders.eproc.in https://www.tpsl-india.in https://www4.ipg-online.com Also, Bidders need to select “Use TLS 1.1 and Use TLS 1.2” under Internet Explorer Tools Internet Options Advanced Security. Bidder needs to submit Bid Processing Fee charges of Rs. 2495/- (non-refundable) in favour of M/s. C1 India Pvt. Ltd., payable at New Delhi via Online Payment Modes such as Debit Card, Credit Card or Net Banking for participating in the Tender.

Bidders can contact Helpdesk at: https://esictenders.eproc.in/html/Support.asp

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e-TENDER SCHEDULE SNo. Details Dates & time 1. Period of availability of e-Tender Enquiry

document on ESIC website- www.esic.nic.in and ESIC e-Procurement portal- https://esictenders.eproc.in

26.03.2018 to 27.04.2018 upto 10:00 AM

2. Last date of Online Technical Bid & Manual Bid(EMD) submission

27.04.2018 upto 10:00 AM

3. Pre-bid Meeting 09.04.2018 at 11:00 AM at Vth Floor Conference Room, ESIC Hqrs Office, Panchdeep Bhawan, C.I.G. Road, New Delhi – 110002.

4. Opening of Online Technical Bid & Manual Bid(EMD Envelope)

27.04.2018 at 10.30 AM at Vth Floor Conference Room, ESIC Hqrs Office, Panchdeep Bhawan, C.I.G. Road,New Delhi – 110002.

5. Opening of Price Bid Will be communicated over Email to the bidders who are found technically eligible

6. Validity of offer 180 days from the last date of submission of e-Tender

If the date of opening of tenders is declared a public holiday, the tenders shall be opened on the next

working day at the same venue and time.

Pre-bid Meeting The objective of the pre-bid meeting is to answer the doubts/queries related to the provision of this e-tendering. It is requested to send Queries/doubts for Pre-bid meeting on e-mail address dmc-rc@esic.nic.in three days before the schedule date. So that solutions & clarifications can be prepared timely.

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Earnest Money Deposit a) The bidder must submit Earnest Money Deposit (EMD) along with this tender by means of

Demand Draft in favour of ESIC FUND ACCOUNT NO 1, New Delhi. Bank guarantee/ Cheques / FDRs will not be accepted in any case. b) *EMD for a bidder quoting number of items up to 10(TEN) is Rs.200000/-(Rupees Two

Lakh). *EMD for a bidder quoting number of items more than 10 but up to 30 is Rs.600000/-(Rupees Six Lakh). *EMD for a bidder quoting number of items more than 30 but up to 50 is Rs.1000000/-(Rupees ten Lakh) *EMD for a bidder quoting number of items more than 50 is Rs. 2000000/-(Rupees Twenty Lakh) *Minimum EMD is 2 Lakh even if one item is quoted.

c) Please fill Annexure EMD. d) Participating MSE Firms (having valid registration certificate as on date/date of

opening of the tender) are exempted from payment of Earnest Money Deposit (EMD). e) The validity of the Demand Draft/Banker‟s cheque submitted for Earnest Money

Deposit should be 60 Days from the opening date of the tender. f) In case the bidder is unsuccessful/Bid of the bidder is not selected, the EMD which is

credited in ESIC account, will be refunded to the unsuccessful bidder within one month after the award of the contract.

g) In case the bidder is successful/Bid of the bidder is selected, the EMD which is credited in ESIC account, will be refunded to the successful bidder after they submit requisite performance security.

h) In case bidder withdraws his bid within its validity or fails to deposit performance security within the specified time after award of contract, the Earnest Money will be forfeited and the bidder will be debarred/ de-registered for a period of three years.

i) Earnest Money Deposit (EMD) deposited earlier will not be adjusted against this tender. The bids submitted without earnest money deposit will be summarily rejected.

j) E.S.I. Corporation will not pay any interest on deposited EMD and would be stand credited to the E.S.I. Corporation Account.

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TERMS AND CONDITIONS FOR GOVERNING THE

RATE CONTRACT

1. This rate enquiry is for the purpose of executing Rate Contract for supply of Surgical

Sutures in ESI Hospitals/Dispensaries and other medical institutions run by the ESI

Corporation and ESIS PAN India. The rates quoted and accepted by the Director General, ESI

Corporation shall be valid for the quantities that may be purchased from time to time during

the course of the contract.

2. The quotations shall remain open for acceptance for 180 days (One hundred Eighty days)

from the date of opening of tenders.

3. The Director General, Employees' State Insurance Corporation, New Delhi reserves the right

to reject any or all offers including the lowest quotation without assigning any reasons

whatsoever. The Director General, ESI Corporation, New Delhi will also have the authority to

accept bidder's offer in respect of any one or more of the items for which bidders may have

quoted and his decision in this respect shall be final.

4. The Director General, ESI Corporation reserves the rights to invite separate quotations in his

sole discretion, to effect purchases outside this contract in the event of any urgent demand

arising in a locality where no stocks are held or otherwise.

5. ESIC will be entitled to proceed against the participating bidder/ firm before the court of law

or otherwise to protect its rights and remedies available under law.

6. The past performance of the bidder will be taken into consideration for award of a new Rate

Contract.

7. Bidder will have to furnish documents in support of the information given in the tender.

Original documents shall be submitted for verification as and when required

8. The bid submitted by bidder(s)/firm(s) debarred by the ESI Corporation/any other Govt.

Institution for participation in ESI Rate Contract/any other Govt. Institution will not be

considered for award of Rate Contract till the period of debarring and they need not to apply.

9. In case of any attempt for cartelization by bidder with a view to hike up the prices, all bids

will be rejected and the bidders will be debarred for three years.

10. The bidder, if selected, will have to supply Surgical Sutures directly to the ESIC/ESIS

preferably through their registered office/C&F Depot/ C&F Agent/Authorized Dealer.

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11. Validity of the Rate Contract is two years from the date of finalization of the contract, but in

case of exigencies, period can be extended.

12. Rates for only such items, which can be supplied immediately on demand or latest within six

weeks of the placing of supply order through out of the period of contract as indicated above,

may be quoted

13. NOC for facility regarding import license for raw materials etc., will not be given by the

ESIC/ESIS.

14. ELIGIBILITY CRITERIA

A. Bidder shall be a manufacturer (holding valid manufacturing & marketing license) /direct

importer (holding valid import & sales license) issued by the State/Central Drug Controller

for all the items quoted and must submit an attested copy of the same. For the items other

than those defined as ‘drugs’ in the Drugs & Cosmetics Act 1940, the bidders shall possess

valid manufacturing/Import license(s) granted by appropriate authorities, local bodies,

industrial department etc. as applicable.

Distributors/agents/contract manufacturers are not eligible to participate in the tender. If

the item offered is planned to be manufactured in more than one factory, the drug

licenses/licenses of all such manufacturing units shall invariably be submitted. Bidders

should not offer products that are manufactured in factories, who were blacklisted by the

Corporation/any other State/Central Government agencies organizations or whose licenses

were suspended/cancelled or who have been convicted or against whom prosecution actions

are pending.

If above terms and conditions are not fulfilled tender will be liable for the cancellation.

(i) Participating bidder/ firm should not be blacklisted/deregistered and should not have been Blacklisted/deregistered by any other Govt. institution/ Organization during the last Three years for manufacturing/Importing/supplying sub- standard Suture Material /Other items or on any other grounds (an affidavit duly notarized on stamp paper worth of Rs. 100/- in clear and unambiguous language must be submitted). (ii)Participating bidder/ firm should not be convicted in an offence under the prevention of Corruption Act,1988. Participating bidder/ firm should not be convicted in an offence under the Indian Penal Code or any other law for the time being in force, for any cause of life or property or causing a threat to public health as part of execution of a public procurement contract (an affidavit duly notarized on stamp paper worth of Rs. 100/- in clear and unambiguous language must be submitted).

(iii) Participating bidder/ firm should not have been convicted by any court of law in any

matter related to manufacturing/importing/supplying sub- standard Suture Material/Other

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items or on any other grounds. Participating bidder/ firm should submit a non-conviction

certificate issued by the State/Central Drug Controller, to the effect that the

manufacturer/importer has not been convicted under the Drugs and Cosmetics Act, 1940 and

rules there under during the preceding three years, for any of the item for which it has quoted

price. Non-Conviction Certificate must have been issued on or after 30.09.2017 from the

Drug Controller of the concerned State.

B. Participating bidder/firm must have a valid Registration Certificate issued by Directorate

General of Quality Assurance (DGQA) Ministry of Defence, Govt. of India for manufacture and

supply of items for Defence, for the item(s) quoted in above said tender.

Or Participating bidder/firm must have WHO-GMP certificate i.e., Good Manufacturing

Practices (GMP) Certificate in accordance with the WHO recommendations issued by

Central / State Drug Control Authorities/ FDA for each of the item quoted. If it is found

subsequently that the WHO-GMP certificate has not been issued in accordance with

the guidelines issued in this regard by the Drug Controller General of India (which

includes joint inspection of the manufacturing unit by central and state drug control

authorities), the certificate as well as the tender are liable to be rejected.

Or GMP (Good Manufacturing Practice) Certificate as per the revised Schedule „M‟ of the Drugs

& Cosmetics Rules issued by Central / State Drug Controller/ FDA for the item(s) quoted.

C. The Participating bidder/ firm must have in house testing facilities and valid Good Laboratory

Practice (GLP Certificate) as per schedule „L1‟ of the Drugs & Cosmetics Rules issued by

Central / State Drug Controller / FDA for the quoted Items (as applicable).

D. A certificate from the State Drug Controller concerned (should not have been issued more than

six months from the opening of tender) that the Participating bidder/ firm has been

manufacturing/ importing the product(s) for which the bidder has quoted the price for the last

three preceding years except for new item(s). However for startup firm of Indian origin, the

above said certificate, issued from State Drug Controller concerned for manufacturing and sales

the product(s) for the last financial year i.e.2016-17 will be acceptable for participation in ESI

Tender Enquiry.

E. The Participating bidder/firm shall submit an unconditional undertaking to supply Surgical

Sutures of standard quality as prescribed under the provisions of Drug and Cosmetic Act, 1940

(as amended). The bidder shall also undertake not to supply items “Not of standard”, “Grossly

sub-standard” and “Spurious and adulterated” as per the guidelines issued by the Drug Controller

of India from time to time.

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F. In case of newly introduced item(s), the Participating bidder/firm will submit valid certificate

from the Drug Controller General of India in support of the claim and valid Drug license from the

concerned Licensing Authority.

G. In case of proprietary item(s), Participating bidder/ firm will submit valid certificate to this

effect from the State Drug Controller/Licensing Authority, else bidder‟s claim will not be

considered.

H. For the item(s) which are being imported, the Participating bidder/firm will submit valid

import license issued by Drug Controller General of India.

I. The bidder must quote items which are either marked ISI/European CE/US FDA.For such

items, the bidder will be eligible if it possesses and submits valid ISI/European CE/US FDA

certificate/license issued by Bureau of Indian Standards/ European CE/US FDA for the last three

preceding years.

J. For the item(s) quoted in the tender enquiry, Participating bidder/ firm will have to submit:

i) Original Label of all quoted items.

ii) Literature/Brochures/Catalogue of all quoted items

K. Participating bidder/ firm will have to submit the samples on demand. Every sample must be

superscribed with the name of the bidder/firm, Tender No., Item No. in a separate envelope duly

sealed and stamped by the bidder. If bidder fails to submit the samples within the period

specified, the bid of the firm for that item(s) will be summarily rejected.

L. Participating bidder/ firm should submit an undertaking on an affidavit of Rs. 50/- (Rupees Fifty

only) stating that they will comply with all the statues & legislation regarding manufacturing,

import, sale and supply of items in India and in particular the following Acts/Enactments viz., the

Drugs and Cosmetics Act, 1940, The Drugs and Cosmetics Rules, 1945 (as amended), The

Legal Metrology Act, 2009, The Drugs (Control) Act, 1950, The Indian Statistical Institute Act,

1959, The Central Excise Act, 1944 etc.

M. The participating bidder/ firm should submit a guarantee bond on a affidavit of Rs. 50/-

(Rupees Fifty only) duly signed by the Notary (Annexure T) as under:-

a. “The bidder/firm hereby declare that the items sold to the ESIC under this

contract shall be of best quality and workmanship and shall be strictly in

accordance with the specifications and particulars contained/mentioned in

the description clauses hereof and the bidder/firm hereby guarantees that

the said item(s) would continue to conforms to their description/

specification and the provisions of law as stated in the contract and that

notwithstanding the fact that the purchaser (inspector) may have inspected

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and/or approved the said item(s). If the same be discovered not to conform to

the description and quality aforesaid or have deteriorated, the decision of the

ESIC in that behalf will be final and conclusive. ESIC will be entitled to

reject said item(s) or such portion thereof as may be discovered not to

conform to the said description and quality in the manner as prescribed.

Such rejection of the item(s) will be at the seller's risk and all the provisions

herein contained relating to rejection of item(s) etc. or such portion thereof if

is rejected by the purchaser. Nothing herein contained shall prejudice any

other right of ESIC in that behalf under this contract or otherwise”.

N. Company/Authorised Signatory has to submit Employer Code No. & copy of last three

contributions towards ESI in case factory is covered under ESI Act.

OR

Company /Authorised Signatory has to submit an affidavit giving address of Manufacturing

unit with a declaration that this factory / manufacturing unit is outside the implemented area /

notified area by ESI Corporation

OR

Company /Authorised Signatory has to submit a certificate from the Regional Director that

the factory is not coverable under ESI Act, in case the factory is within the notified area.

O. The list of items for which the offer is being made should be given as per the format given in

Annexure-A. All the columns of Annexure-A should be properly filled up and no column should

be left blank.

P. Each and every page of the tender and Annexure if any, should be signed by the authorised

signatory of the bidder/ firm. The specimen signature of the authorized signatory should be

submitted to the Corporation along with the tender.

Q. Information as per the proforma enclosed (Annexure-E) should be submitted with the tender.

Furnishing of wrong information and false documents will make the bidder ineligible and liable

to be debarred / blacklisted from participation in ESI Rate Contracts.

R. Non submission of Annexure “G”, Annexure “H”, not following all the terms & conditions of

Tender Enquiry, furnishing wrong information and false documents will make the bidder

ineligible and liable to be debarred / blacklisted from participation in future ESI Rate Contracts

for Three years along with forfeiture of the earnest money.

S. The Bidder should submit an affidavit on Stamp Paper, stating that the item(s), which are being

quoted, are not banned under Section 26 (A) of Drugs & Cosmetics Act. Or any other provision

of law prevailing in India.

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T. All the Annexure‟s (A, P and Detail of Licences) are to be properly filled and Annexure‟s (B, C,

D, E, G,H,L, T, TO and EMD) to be uploaded, otherwise tender will liable to be rejected.

15. Terms & Conditions for Micro & Small Enterprises (MSE) firms quoting items reserved for exclusive procurement from them as per Govt. Circular No. 21(1)/2011-MA dated 25.04.2012 and 21(15)/2012-MA dated 24.05.2012 A. MSE Firms must have a valid registration certificate with any of the following:

District Industries Centre Khadi & Village Industries Commission Khadi & Village Industries Board Coir Board National Small Industries Corporation Directorate of Handicraft & Handloom Any other Body Specified by Ministry of MSME, Govt. of India.

B. In tender, for general category of item - eligible Micro and Small Enterprises quoting

price within price band of L1 + 15% shall also be allowed to supply a portion of requirement by bringing down their price to L1 price in a situation where L1 price is from someone other than a Micro and Small Enterprise and such Micro and Small Enterprise shall be allowed to supply upto 20% of the total tendered value.

C. Out of 20% target of annual procurement from Micro and Small Enterprises, a sub-target

of 20% (4% out of 20%) shall be earmarked for eligible Micro and Small Enterprises

owned by Scheduled Caste or Scheduled Tribe entrepreneurs.

D. Further in event of failure of such Micro and Small Enterprises to participate in tender

process or meet tender requirements and L1 price, 4% sub-target of procurement

earmarked for Micro and Small Enterprises owned by SC/ST entrepreneurs shall be met

from other eligible MSE units.

16. Terms & Conditions for Startup Companies of Indian Origin as defined by Department

of Industrial policy and Promotion

Startup Company/firm of Indian Origin having a valid registration certificate can participate

in the bidding process. Registration certificate of the Startup Company/firm shall be prior to

the financial year 2016-17.

17. TURNOVER CRITERIA (a) Turnover for schedule Item(s)

* Participating bidder/ firm should have minimum annual turnover of Rs. 10 crores each of the last three preceding financial years (2014-15, 2015-16, 2016-17), if the bidder has quoted bids for the items up to 10 in numbers in the tender. * Participating bidder/ firm should have minimum annual turnover of Rs. 15 crores each of the last three preceding financial years (2014-15, 2015-16, 2016-17), if the bidder has quoted bids for more than 10 but up to 30 numbers of items in the tender.

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* Participating bidder/ firm should have minimum annual turnover of Rs. 25 crores each of the last three preceding financial years (2014-15, 2015-16, 2016-17), if the bidder has quoted bids for more than 30 but up to 50 numbers of items in the tender. * Participating bidder/ firm should have minimum annual turnover of Rs. 50 crores each of the last three preceding financial years (2014-15, 2015-16, 2016-17), if the bidder has quoted bids for more than 50 numbers of items in the tender.

(ii) Participating Bidder(s)/ Firm(s) will have to submit audited financial statement

by registered Chartered Accountant for last three preceding financial years (i.e.

2014-15, 2015-16 and 2016-17) in support of the annual turnover.

(iii) Fifty Percent or more of the annual turnover shall be from the trading of the

item in open market i.e exclusive of supply to ESI/ Government Departments/third

party. A certificate from the Chartered Accountant with reference to sale in the open

market should be submitted.

(iv)Group turnover (other than Surgical Sutures) will not be considered for

determining the eligibility of the bidder and such tenders will be rejected summarily.

(v) Please fill Annexure TO.

b) Turnover For MSE Firms

Participating MSE firms quoting for items them shall have to fulfill the turnover criteria as

defined for non MSE vendors specified in 17 (a).

c) Turnover for Startup Company(s)/firm of Indian Origin

Participating Startup firm/company should have a minimum annual turnover of Rs. Ten Crores for the last financial year i.e.2016-17 to be eligible for participation in ESIC Tender Enquiry.

18. Undertaking For Performance

The participating Bidder/firm shall furnish an undertaking with respect to timely and efficient supply of the quoted item(s) as per the tender in all the locations where ESIC / ESIS Hospital and State ESI Directorates are located, through their Registered Office/C&F Depot/C&F Agent/Authorized Dealer. Participating bidder/firm would submit in the tender the List of the Reg.Office/C&F Depot/ C&F Agent/Authorized Dealer address, email ID & Telephone number located in the

State(s) along with the name of the person Incharge, as per Annexure L.Aforesaid person Incharge will also be responsible for managing the supply in the stipulated time at the ESI location under its jurisdiction and other matters, if any. In normal circumstances, the bidder(s) shall not be allow to change C&F Agent/Authorized Dealer during the currency of the Rate Contract. However in extreme exigency ,on the request of selected bidder the C&F Agent/Authorized Dealer may be allowed to change, if Director General, ESI Corporation permits/approve. 19. Performance Security

All Successful bidders including MSE /Start up bidder(s) for L-1 (1st Preference ) or L-2/L- 3 (2nd Preference/3rd Preference) will have to deposit the performance Security in the form of

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Performance Bank Guarantee of Scheduled Commercial Bank. a) Performance security for a bidder having selected item at L-1 (1st Preference ) will be as follows:- (i) Rs. 500000/-(Rupees Five Lakh), for items selected up to 10 in numbers. (ii)Rs.1500000/-(Rupees Fifteen Lakh), for items selected more than 10 but up to 30 in numbers. (iii)Rs.3000000/-(Rupees Thirty Lakh), for items selected more than 30 but up to 50 in numbers. (iv) Rs.5000000/-(Rupees Fifty Lakh), for items selected more than 50 in numbers. b) Performance security for a bidder having selected item at L-2/L-3 (2nd Preference/3rd Preference) only will be Rs.500000/-(Rupees Five Lakh),in case any item of the bidder is not selected for L-1 (1st Preference ). c) However the bidder having selected item(s) at L-1 (1st Preference ) need not to submit any separate performance security for item at L-2/L-3 (2nd Preference/3rd Preference). d) Director General, ESI Corporation will be at liberty to apportion any amount due and payable by the bidder to ESIC in respect of Non Supply / Non Performance/ Risk Purchase by the ESIC/ against item(s) of “Not of Standard Quality” or any other amount which becomes payable by the bidder in favour of ESIC by virtue of the terms and conditions agreed herein and recover the same from the Performance Security. No appeal shall lie with any authority against the decision taken by him in pursuance of this clause. e) EMD of the successful bidder will not be adjusted as part of performance security.

20. MARKING/LABELLING:

Each packing shall be printed with nomenclature of the item and shall be labelled in

accordance with the requirement of the Drugs and Cosmetics Act, 1940 and the rules made

there under. Packing & packaging of the each Item must comply with the procedure provided

under the Legal Metrology Act, 2009 and rules made there under.

21. PACKING:

a) Participating bidder/ firm must quote for the packing specified against each item in the

schedule annexed the rate enquiry, as any other packing may not be accepted.

b) Where the size/quantity of the pack is not specified in tender enquiry, bidders may quote

for standard packs available in the market.

c) It should be ensured that all labels of cartons, item(s), phoils, etc., should be

stamped "For ESI supply, Not to be sold" with non washable/indelible ink

clearly.Any consignment without such stamping will not be considered valid and will

be rejected.

d) Loose supplies/damaged packing/tempered or damaged labeled supplies shall not be

accepted under any circumstances.

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e) Participating bidder(s)/firm(s) shall quote the net price per unit for the item(s)

quoted in the tender in detail under a tabular format. Rates quoted for any other

packing will not be accepted and the same shall result in rejection of the bid

submitted by the bidder.

f) Supplies to be made in proper packing in boxes conforming to IP / Drugs & Cosmetics

Act etc.

g) It should be ensured that only first use packaging material of uniform size should be

used for making supplies on the basis of ESI Rate Contract.

h) All primary packing containers should be strictly conforming to the specifications

described/ mentioned in the relevant pharmacopoeia/ Drugs & Cosmetics Act.

i) Packing should be able to prevent damage or deterioration during transit.

j) All containers are required to be secured with pilfer-proof seals to ensure genuineness of

the products packed and the correctness of the contents.

22. SHELF LIFE AS ON DATE

a. For item(s) having shelf life of Two years or less: As on the date of delivery, item should not be older than one fourth(1/4) of its shelf life from the date of manufacture.

b. For item(s) having shelf life more than Two years: As on the date of delivery, item should not be older than one sixth (1/6) of its shelf life from the date of manufacture.

c. For Imported Items: As on the date of delivery, item should have a minimum 50% of its shelf life from the date of manufacture.

23. TESTING OF ITEMS

a. Regular and random testing of item(s) will also be undertaken by ESI from Govt./Govt.

approved laboratories at the time of supply and at any time during the shelf life or

whenever any defect is noticed.

The Director General, ESI Corporation shall be at liberty to undertake regular and random

testing of the item(s) supplied by the RC holder at regular interval to maintain and ensure

the quality of item(s) supplied.

b. The report of the Govt./Govt. approved laboratory shall be accepted by the RC holder

firm. In case the same is disputed by the RC holder firm, the report of the Appellate

Laboratory only will be accepted as final. However the same should be submitted within

three months, from the date of communication of the disputed test report to the RC holder

firm. For this, the RC holder firm should approach the concerned Drug Control

Authorities for getting the items tested, as per procedure, from the Appellate Laboratory.

16

24. Quality Control i) The stores offered should comply with the provisions of the Drugs and Cosmetics Act,

1940 and the Rules made there under . ii) While quoting against items with ISI/European CE/US FDA Mark, it should be ensured

by the bidder/firm that ISI/European CE/US FDA code number is/are indicated on quotation and at the time of making of the supplies, it should be ensure by the RC holder that the items supplied has ISI/ European CE/US FDA Mark as well as Code Number, as is the statutory requirement of the Bureau of Indian Standards /European/American Standards. The attested copy of the valid ISI Marking/ European Marking/American Marking license, issued by concerned statutory body should be enclosed alongwith the quotation.

iii) If any item supplied against this Rate Contract are found to be not of standard quality on inspection by Competent Authority, the RC holder firm will be liable to replace the entire quantity and the cost of testing will be recovered from the supplier.

iv) If at any stage, the quality of articles is found of poor quality/different technical specification, the supplied item shall be rejected and no payment shall be made for this rejected item supplied. The rejected items must be removed by the firm within Two weeks of date of intimation of rejection at their own cost. In case rejected items are not removed; it will be destroyed at the risk, responsibility & cost of the Firm.

v) If single item/ Batch of item is declared NSQ under DGESIC Rate Contract/s. Recall of the NSQ item immediately from all ESIC/ ESIS User Units. Replacement of

the qty of NSQ item to ESIC/ ESIS User Units by RC holder. Recovery to be initiated by the DDO‟s wherever payment had been made already.

Rate Contract Holder/ firm will be debarred for further supply of the said NSQ item in the currency of the Rate contract.

Rate Contract Holder/firm will be liable to pay damages/ compensation (if any) to individual/ individuals arising due to consumption of item declared NSQ and in case of any adverse reaction reported in the Hospital during administration of the item(s).

vi) If more than one item/ Batch of item belonging to any individual Bidder/firm is

declared NSQ within a year in DGESIC Rate Contract.

Recall of the NSQ item immediately from all ESIC/ ESIS User Units. Replacement of

the qty of NSQ item to ESIC/ ESIS User Units by RC holder. Recoveries to be initiated by the DDO‟s wherever payment had been made already.

Rate Contract Holder/ firm will be debarred for further supply of the said NSQ item in the currency of the Rate contract.

Debarring of Rate Contract Holder/firm immediately from current and all future DGESIC Rate Contracts for a period of three years

Rate Contract Holder/ firm will be liable to pay damages/ compensation (if any) to individual/ individuals arising due to consumption of item declared NSQ and in case of any adverse reaction reported in the Hospital during administration of the item(s).

17

Forfeiture of performance security of the Rate Contract holder in respective DGESIC Rate Contract.

25. Purchase Order a) After the quotations have been accepted by the Director General, ESI Corporation,

purchase orders will be placed by the Director Medical Delhi/MS of ESIC/ESIS

hospitals/Directors of ESI Scheme of various States as per Schedule attached, who for the

purpose of this Rate Contract, shall be designated as Chief Direct Demanding Officer and

will exercise the powers of Director General, ESI Corporation in all matters connected

with the execution of supplies and/or wherever specifically provided in the terms and

conditions of the Rate Contract. The Chief Direct Demanding Officer can also designate

any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this

contract.

b) Purchase order(s) will be placed from time to time during the currency of the contract in

which the exact quantities required on each occasion together with the date of delivery

shall be specified by the Direct Demanding Officer(s).

c) No guarantee can be given as to the minimum quantity which will be drawn against this

contract but the RC holder firm will supply quantity as may be ordered by the Direct

Demanding Officer(s) during the currency of the contract.

d) Purchase order(s) against the contract will be accepted as long as these reach the RC

Holder/ firm on or before last date of the currency of the contract. Purchase order(s)

received during the closing days should be complied with in due course, in accordance

with the contract, even though in some cases owing to contract having expired, supplies

are to be executed after the expiry of the last date of contract.

e) The ESI Corporation has the right to purchase the contracted items from other

tenderer/manufacturer/supplier/market if needed and the firm shall not object or claim to

make the purchase from him/her only.

26. Delivery Period of the Purchase Order a) DDOs will send scanned copy of the Purchase order(s) through an email followed by

Registered AD post.

b) Delivery Period will be of six weeks from the date of receiving of the purchase order

by RC holder and the RC holder/ firm shall, execute the purchase order within

stipulated time.

18

c) During transit RC Holder/ firm should maintain the recommended temperature of

the item(s) (wherever indicated), otherwise if on checking it is found that

temperature has not been maintained, supply against the said order is liable to be

rejected and cancelled. It will be counted as a non-supply.

d) In case of failure to supply, the Corporation reserves the right to purchase the stocks from

other sources as risk purchase, i.e. purchase from any other RC Holder/firm or firms, in

the rate contract or from outside the contract at the discretion of the Direct Demanding

Officer concerned at a competitive rate.

e) In all contracts, for the items which are labelled with 'ESI SUPPLY' mark, including

rejected items, it is a condition of the contract that such items will not be sold by the RC

Holder to the public / open market.

f) In case the ESIC decides to cancel the contract, the mode of repurchase will be at the

discretion of the ESIC only.

27. Penalty for non supply/late supply a) If the RC Holder/firm fails to execute the supply order within the stipulated period of six

weeks, a penalty of two (2) per cent of the value of the order calculated at the contract rate

per week or a part of a week will be levied. The maximum penalty for late supply shall

not exceed 10% of the total value of the order/orders. The RC Holder/firm can seek

extension of the delivery period with the prior consent of the concerned Director

Demanding Officer(s), if it is not in a position to execute the order in time. Such extension

is permissible for a maximum period of 5 weeks only, but penalty will be levied. The

extension of delivery period cannot be claimed as a matter of right but will be at the

discretion of concerned Director Demanding Officer.

b) If the items are not supplied by the schedule date (as indicated above or by the

extended date) full or in part, the order in respect of the quantity not supplied is

liable to be cancelled at the risk and expense of RC Holder/firm. The extra

expenditure involved in procuring supplies from elsewhere will, in that case, be

recoverable from the RC Holder/firm, in full at discretion of Direct Demanding

Officer(s). The recoveries thus due will be deducted from any sum payable by the

Direct Demanding Officer or which at any time thereafter may become payable

under this contract or any other contract placed with bidder by the Direct

Demanding Officers. He will be deemed to be exercising the powers of Director

General, ESI Corporation in case any such contingency arises. Apart from risk

purchase action, the bidder's the Performance security deposit may be forfeited and

19

shall invite other penal action like debarring from participating in ESI Corporation

Rate Contract present and future for a period of not less than Three years.

c) If the RC Holder/firm fails to execute the supply order three times at any location of

ESIC / ESIS in any part of the country during the period of rate contract, it shall be

debarred for the next Three years with effect from the last failure and forfeiting of

Performance Security.

28. Quoting Of Price a. The price charged for the stores supplied under the agreement or the rate quoted by bidder

for supply of item(s) to the DG-ESIC, whichever is lower, shall in no event exceed the

lowest price at which the bidder sells the stores of identical description to any other

person(s) during the said period of agreement. If at any time during the said period, the

bidder reduces the sales price of such stores or sells such stores to any other person at a

price lower than the price chargeable under the agreement, he shall forthwith notify such

reduction in sale price to the Director General, E.S.I. Corporation and Direct Demanding

Officers and the price payable under the agreement for the stores supplied after the date of

its coming in to force will be the reduced price. The approved price in Rate Contract

shall stand correspondingly reduced. The preference in the Rate contract will not be

changed till any further fresh instructions.

b. The price must be quoted F.O.R Destination per unit as shown in the schedule annexed

and should be exclusive of GST Tax but inclusive of all charges for packing and

forwarding.

c. GST Taxes, if extra, where legally leviable and intended to be claimed, should be

distinctly shown separately alongwith the price quoted. Where this is not done, no claim

of GST taxes will be admitted at any later stage and on any ground whatsoever.

d. The purchaser will not pay separately for transit insurance and the bidder will be

responsible for delivery of items covered by the supply order in good condition at the

specified destination and for this purpose freight, insurance, octroi etc., if any, will have to

be borne by the bidder.

e. The consignee will, as soon as possible, but not later than 30 days of the date of arrival of

stores at destination, notify the RC Holder/firm, of any loss damage to the stores, that may

have occurred during the transit.

29. Payment a. Payment for the supply will be made within 4 to 6 weeks (after receipt and acceptance of the

items) directly by the Direct Demanding Officer(s) or through nominees to whom bills are

20

submitted. Notwithstanding any omission or shortcoming in the supply order it is incumbent

upon the RC Holder/ firm to supply the items as per the specifications of the relevant rate

contract.

b. Any dues or payments that have arisen to the Corporation from the RC Holder /firm for which

no specific time limit has been laid down in the terms and conditions shall be payable by the

bidder/firm within such time limit as may be prescribed in the letters/orders addressed to the

RC Holder /firm.

c. Any payments that have been demanded as per the provisions of above clause b or under any

other clause shall be payable within the time laid down. On failure to do so: -

i) The RC Holder /firm shall be liable to be debarred for supplying items etc. to the

Corporation for a period not exceeding three years.

ii) The RC Holder /firm is liable to be prosecuted in court of law.

30. ARBITRATION a. In the event of any dispute or difference arising under these conditions or any special

conditions or contract or in connection with this contract, except as to any matters the decision on which is specially provided for by these or special conditions the same shall be referred to a sole arbitrator duly appointed as per the provisions of The Arbitration & Conciliation Act, 1996 (As amended in the year 2016) and the Rules made thereunder and for the time being in-force shall apply to the arbitration proceeding under this clause.The venue of the Arbitration will be Delhi only. The Arbitration will be conducted in English Language. The award of the Arbitral Tribunal shall be final, conclusive and binding on the parties to the agreement.

b. Work under the contract shall, if reasonably possible, continue during the arbitration

proceedings and no payment due to or payable by the purchaser shall be with-held, on

account of such proceedings.

c. Notwithstanding any omission or shortcoming in the supply order it is incumbent upon

the RC Holder /firm to supply the items as per the specifications of the relevant rate

contract.

31. JURISDICTION

All the disputes relating to this tender enquiry and Rate Contract shall be subject to the

territorial jurisdiction of Courts at Delhi only.

32. GOVERNING LAWS

The contract shall be governed in accordance with the law prevailing in India, Act, Rules,

Amendments and orders made thereon from time to time.

33. INDEMNIFICATION

The RC holder/Tenderer shall indemnify the purchaser against all actions,suit,claims and

demand or in respect of anything done or omitted by RC holder/Tenderer in connection with

21

the contract and against any losses or damages to the purchaser/ESIC in consequence of any

action or suit being brought against the RC holder/Tenderer.

34. SAVING CLAUSE

In case this contract or any portion thereof shall be invalidated on any ground by any court of

competent jurisdiction, no suits, no prosecution or any legal proceedings shall lie against the

officials of ESIC and or any person associated with the ESIC for anything that is done in

good faith or intended to be done in pursuance of tender.

35. RATE REVISION

Successful bidders shall not be entitled to any rate revision for any reason except that allowed

by Government of India.

36. INSPECTION The Director General, ESI Corporation, reserve the right for Inspection of the Bidder(s)/

firm(s) participating in the tender, by the officer(s) appointed. They can carry out inspection

for assessing the quality /capacity/capability/eligibility of the Bidder/ firm to make supplies

on the basis of ESI Rate Contract and to ensure that the provisions of the Drugs and Cosmetic

Act, 1940 and the good manufacturing practices are being followed by firm. The decision of

the Director General shall be final in this regard.

37. PHARMACOPOEIA SPECIFICATION

IP/BP/USP etc. should be clearly mentioned against each item/constituent of the formulation

quoted as per the provisions of Drug and Cosmetics Act.

38. GENERAL INSTRUCTIONS

a. Signing of the tender: The tender is liable to be rejected if complete information is not given therein or if the

particulars and date (if any) asked for in the schedule to the tender are not filled in.

Individual signing the tenders or other documents connected with the contract must

specify whether he signs as:-

i) A sole proprietor of the firm or constituted attorney of such sole proprietor.

ii) A partner of the firm, if it be a partnership firm in which case he must have

authority to refer to arbitration disputes concerning the business of the

partnership/agreement or a power of attorney.

iii) Authorised Attorney of the firm if it is a company.

22

b. Any concealment, misrepresentation on the part of the firm shall warrant strict action

which may extend to cancellation of the tender or subsequent award. Such cancellation

shall be at the sole risk of the firm / individual signing the tender or submitting any other

document. c. In case of 34( a) (ii) a copy of partnership agreement attested by a Notary Public should

be furnished unless the same has been previously furnished to the Corporation, or an

affidavit on stamped paper by all the partners admitting execution of the partnership of the

general power of attorney should be furnished.

d. In the case of partnership firms, where no authority to refer disputes concerning the

business of the partnership has been conferred on any partner, the tender and all other

related documents must be signed by each partner of the firm.

e. A person signing the tender form or any documents forming part of the contract on behalf

of another shall be deemed to warrant that he has authority to sign the same and, if on

enquiry it appears that the person so signing had no authority to do so, the purchaser may

without prejudice to other civil and criminal remedy cancel the contract and hold the

signatory liable for all costs and damages.

f. The tender will be rejected if:-

i. The bidder/ firm submits conditional tender.

ii. "No tax" quotations are not supported by a proof.

iii. All the papers are not complete.

iv. More than one type of rates is quoted for one product.

v. Sealed envelope containing Manual Bid (EMD) is not sealed properly.

vi. If it is not legible and cuttings/over writings are not attested by the authorised

signatory alongwith seal.

vii. The rates quoted are not found both in figures and words. The unit for which rate

is quoted should be clearly specified.

viii. If a firm quotes NIL charges/consideration, the bid shall be treated as unresponsive and will not be considered.

g. Each page of photocopy of various papers/certificates attached/uploaded should be self

attested by authorised signatory.

h. It is mandatory for all bidders to submit the tender online through e-procurement portal

of esic-https://esic.eproc.in. The terms & conditions of the present e-Tender Enquiry

Form for Rate Contract are binding upon the firms / Bidders. The submissions of the

online tender and the tender(EMD) under sealed envelope respectively shall construe a

23

concluded agreement for the purpose of invocation and enforcement of the terms &

conditions of the online tender.

39. The sealed envelope of Manual Bid containing EMD as calculated of the quoted item(s) should

be addressed to:

Dy. Medical Commissioner (R.C.) ESI Corporation, New Delhi-110002.

Such sealed cover should be delivered by the specific time and date.

A sealed cover containing EMD and Online Technical Bid will be opened

manually/online on the specified date and time. Online Price Bid of only those

bidders, who are found technically eligible will be opened. The date and time of

opening of the price bid in respect of bidders who fulfill eligibility criteria will be

intimated to such bidders.

40. Withdrawal of Bid:

i. Once a tender is submitted, it will be responsibility of the tenderer not to

escape half way directly or indirectly by way of raising any problem.

ii. withdrawal of tender along with the earnest money will be allowed before the

date of opening of tenders.

41. After opening of tenders: -

a) withdrawal of the complete tender can be allowed but in such cases, the earnest money shall be

forfeited in full;

b) no change/alteration in rate or other terms & conditions in the tender will be permitted under any

circumstances;

c) Partial withdrawal (in respect of one or more items quoted) will not be allowed under any

circumstances.

42. No claim for the payment from RC Holder/Firm shall be entertained after the lapse of three years of

arising of the claim.

43. FORCE MAJEURE:

i. For purposes of this contract, force majeure means at any time during subsistence of contract an event beyond the control of the supplier and not involving the suppliers fault or negligence and not foreseeable. Such event may include, but are not limited to, acts of the purchaser either in its sovereign or contractual capacity ,war or revolutions, fires ,floods, epidemics, quarantine restrictions and freight embargoes.

ii. If a force majeure situation arises the supplier shall promptly but not later than 30 days notify the purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing ,the

24

supplier 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. Force Majeure will be accepted on adequate proof thereof. iii. if contingency continues beyond 30 days,both parties will discuss and decide the course of action to be adopted.Even otherwise ,if the contingency continues beyond 60 days then the purchaser may consider for termination of the contract on equitable terms.

Dy. Medical Commissioner (RC)

25

Annexure A

Item Name and

Description of the

product Packing

Offered

Drug

License

No. and

Date of

issue

for the

product

Date of

Mfg. of

1st

batch

of the

product

S. No. in

Annexure

B/Page

No.

Brand

Name, if

any

Was the firm debarred

in the past for the item

if so, period of

debarring

Manufactured by

Marketed

by

Type of Drug License

Self mfg. / loan

license / 3rd party Remarks (Put NA if Not Applicable)

26

DETAILS OF LICENSES

For Indigenous Items`

Details of

License (s)

for quoted

Items

Minimum 1 rows entry required. Number of Rows To Add:

S.

No.

Item

No.

Drug License Site GMP GLP No

Conviction

Proprietary

Certificate

New item

Certificate

Num

ber

Valid

Upto

Page

No.

Valid

Upto

Page

No.

Valid

Upto

Page

No.

Date

of

Issue

Page

No.

Number Date

of

Issue

Number Date

of

issue

For Imported Items

Details of

License(s)

for

Imported

Items

Minimum 1 rows entry required. Number of Rows To Add:

S.

No.

Item

No. Import License Form

10

Country

of

Origin

COPP Form 20B/21B Form 41 No

Conviction

Proprietary

Certificate

New item

Certificate

Number Valid

Upto

Page

No.

Valid

Upto

Number Date of

Issue

Valid

Upto

Page

No.

Number Valid

Upto

Page

No.

Date

of

Issue

Page

No.

Number Date

of

Issue

Number Date

of

issue

27

ANNEXURE B

MANUFACTURING & MARKETING CERTIFICATE

This is to certify that M/S_________________________ is holding valid manufacturing licenses No.______________________________ date____ of the State and they are manufacturing the following products since the last three years. It is further certified that the following products are also being marketed for the last three years.

The products are as follows:-

S.No. Item No. Item Name and description

1

2

3

Note :

1. This certificate is to be signed by the Drug Controller of State. Certificate issued by Inspector of Drugs/Drug Inspector will not be accepted unless their authorization by the State Drug Controller to this effect is supported by documentary proof.

2. Firm should have three completed years experience of manufacturing and marketing as on date

of opening of the tender.

Dated:

Signature and seal of

Drug Controller of the State

28

Annexure 'C'

TO BE FILLED IN BY BIDDER AND RETURNED WITH THE TENDER (On the letter head of the bidder/firm)

To,

Dy. Medical Commissioner (R.C.), Room No. 312 & 314, III Floor, Hqrs. Office, ESI Corporation, Panchdeep Bhawan

C.I.G. Road, New Delhi – 110 002

Dear Sir / Madam,

We return herewith your e-Tender Enquiry No. U-25/12/ Surgical Sutures /2018-Med.V for supply of Surgical Sutures dated: ___________ with our quotation against respective items. We have carefully perused the Terms and Conditions of the tender enquiry and accept the same.

For and on behalf of the firm (Firms Name & Address)

(Signature of Authorized signatory) WITNESS: Signed in my presence:

Name: Designation: Seal:

Notary Public/Gazetted Officer ( Name & Complete Address)

29

Annexure - 'D'

PRODUCTION CERTIFICATE

Indicate details of production of the items quoted, for the last three preceding years duly certified by the concerned State Drug Controller. S. No. Item No. Item Name &

Description Date of issue of Mfg. License for the product

Date of marketing the 1st batch

1. 2. 3. 4. 5. 6. ACTUAL PRODUCTION DETAILS Year – 2014-15 Year 2015-16 Year 2016-17 Remarks Batch No. Batch size Batch No. Batch

size Batch No.

Batch size

Signature of the Manufacturer

Signature of the State Drug Controller along with address & Seal.

Note: Firm will have to produce documentary evidence in respect of production as and when

asked for.

30

Annexure -E

Proforma to be filled in by the Tenderer.

I GENERAL INFORMATION

a) Name of the firm:

b) (Information must be correct): - Address for correspondence: Telephone No.: Working Fax No (Must be provided).: Mobile No. E-mail address for all Correspondences including placing of Supply order :

c) Whether the firm is Indian / Multi-national.

d) Whether small/medium/ Large scale company.

e) Whether Firm registered as Micro & Small Enterprises Firm under the Ministry of Micro Small and Medium enterprises

f) Whether Firm registered as Startup enterprise

g) Person responsible for conduct of business

h) Particulars of Licenses held under Drugs & Cosmetics Act & the details. (If the license is under renewal, certificate from the Drug Controller that the license is under renewal and deemed to be enforced should be enclosed.

i) Procurement agency with which registered and the agencies to whom Item(s) quoted supplied during last one year.

j) i.) Has the firm ever been convicted, if yes give details.

ii.) Any case pending in Court with details.

k) Has the firm ever been black listed/debarred by any procurement agency. If yes, details thereof.

l) Has the firm ever been debarred/black listed for supply of Suture Materials by ESI Corporation: if yes, give details

31

II TECHNICAL

a) Equipments for material handling, manufacturing and quality control of Sutures/items.

b) Specialised testing facilities such as Microbiological testing and biological testing;

c) Details of Technical Staff: i.) Manufacturing Staff: ii.) Quality Control Staff:

d) Has the firm carried out stability study for Sutures/items quoted: e) Is the firm basic manufacturer of the Sutures/items quoted, if yes, details: f) Sutures/items declared sub-standard/recalled during the last three years. Give

details with reasons and the remedial action taken:

III FINANCIAL

a) Annual Turn-over for formulations during the last three years (year wise) (Must be filled)

i. 2014-15 : _________ ii. 2015-16 : _________ iii. 2016-17 : _________

b) Name & Address of the Bankers to the firm ______________________ _________________________________________________________

_________________________________________________________

c) GSTIN No. NOTE: The bidder will submit an undertaking of GST ACT compliance on

a non-judicial stamp paper of Rs. 50/-. ESIC will not hold any responsibility including impact on price due to non-compliance of GST Act.

DECLARATION I__________________________________ proprietor/partner/director of M/s. __________________________________ hereby declare that the information given in this form is true and correct to the best of my knowledge and belief.

Signature: Name: Designation: Seal:

WARNING: If information furnished in this form is subsequently found to be incorrect the tenderer will be black listed.

32

Annexure(G)

UNDERTAKING

We hereby undertake that rates offered by us in the DG-ESIC Rate Contracts for Surgical

Sutures are within the price ceiling. We further undertake that in case there is any down-ward

revision by the NPPA or by any other means , same will be passed on to the ESI Corporation from

the effective date during the currency of the contract and in case of failure to do so we are liable to

be debarred from future ESIC Tender Enquiry for a further period of three years along with

forfeiting the performance security..

For and behalf of the firm

(Firm Name & Address)

33

Annexure (H)

UNDERTAKING

Lowest Rate Certificate

(On letter head of the firm)

We hereby undertake that rates offered by me/us in the DGESIC Rate Contract for Surgical Sutures are the lowest rates offered to any Government organization/Institution, and no other Government organization/Institution has been offered rates lower than those being offered herein. We further undertake that in case there is any down-ward revision, the same will be passed on to the ESI Corporation from the effective date during the currency of the contract and in case of failure to do so we are liable to be debarred from future ESIC Tender Enquiry for a further period of three years along with forfeiting the earnest money/security deposit.

For and behalf of the firm

(Firm Name & Address)

34

Annexure “L”

* Participating bidder/firm should have at least one Registered Office/C&F Depot/C&F Agent/Authorized Dealer in each zone.

S.No.

Zones States Postal Address of Registered Office/C&FDepot/C&F Agent/Authorized Dealer in State

Person authorised to handle the

Regd. office /C&F Depot/C&F

Agent/Authorized Dealer along

with telephone No.

Email ID of the person incharge

01 Zone 1 Delhi, Haryana,Himachal Pradesh, Punjab,Rajasthan

02 Zone 2 Bihar, Jharkhand, Odisha,West Bengal ,Assam

03 Zone 3 Goa, Gujarat,Maharashtra

04 Zone 4 Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana

05 Zone 5 Chhattisgarh,Madhya Pradesh, Uttarakhand ,Uttar Pradesh

35

Annexure - P

PRICE BID

S.

No

Item

No.

Item Name

& Description

Unit Net Rates /

Unit **

offered

(in figures)

Net Rates

offered/

Unit

(in words )

Applicable

GST

Brand

Name

Is Price

Notified by

NPPA, if yes,

Order No. &

Ceiling Price

*Retail

Sale

Price

1. 2. 3. 4. 7. 8. 9. 10. 11. 12.

1. AA AAA 1 Foil 2.6666

Upto Four

decimal

places

Rs. Two and

paise Six Six

Six Six only

1

* “Retail Sale Price” means the retail price displayed by the manufacturer under the provisions of the Drug (Prices Control) Order, 1995.

For Column No 9- Please enter 0 or 1

0 for NO GST

1 for GST as applicable

NOTE: ** Rate(s) shall be quoted for 1Unit of item (Foil/Reel/Piece etc.).

36

Annexure T

Guarantee bond on a affidavit of Rs. 50/- (Rupees Fifty only) duly signed by the

Notary

“The bidder/ firm hereby declare that the Suture(s)/item(s) sold to the ESIC under this contract

shall be of best quality and workmanship and shall be strictly in accordance with the specifications

and particulars contained/mentioned in the description clauses hereof and the firm/bidder hereby

guarantees that the said Suture Materials/items would continue to conforms to their description/

specification and the provisions of law as stated in the contract and that notwithstanding the fact

that the purchaser (inspector) may have inspected and/or approved the said Suture Materials

/items. If the same be discovered not to conform to the description and quality aforesaid or have

deteriorated, the decision of the ESIC in that behalf will be final and conclusive. ESIC will be

entitled to reject said Suture Materials /items or such portion thereof as may be discovered not to

conform to the said description and quality in the manner as prescribed. Such rejection of the

Suture Materials /items will be at the seller's risk and all the provisions herein contained relating

to rejection of Suture Materials /items etc. or such portion thereof if is rejected by the purchaser.

Nothing herein contained shall prejudice any other right of ESIC in that behalf under this contract

or otherwise”.

Signature:

Name: Designation:

Seal

37

Annexure EMD

Earnest Money Deposit Details Number of items

quoted EMD

(in Rs.) DD /BC detail(s)

Signature: Name: Designation:

Seal

38

Annexure TO Turnover Criteria as per clause 17 of the tender

Description of Turnover

F.Y. 2014-15 F.Y. 2015-16 F.Y. 2016-17

Total Turnover

Less Sale from ESI/ Govt Departments

Less

Sale from 3rd Party Sale

Net Eligible (Balance Turnover ) from Open Market in (Rs.)

Net Eligible (Balance Turnover) from Open Market in percentage (%)

Signature :

Name :

Designation :

Seal

39

**CHECK LIST OF THE DOCUMENTS ONLINE: 1. Earnest Money Deposit as calculated in the form of Demand Draft. MSE firms are exempted

from submitting EMD subject to submission of valid MSE Certificate from appropriate authority (as per S. No. 26 of Check List).

2. Forwarding letter of the bidder/ firm. 3. List of items quoted as per Annexure „A‟ (without rates) to be filled. 4. Three years‟ Manufacturing & Marketing Experience certificate duly signed by the State Drug

Controller in prescribed format i.e. Annexure-B (should not have been issued more than six months from the opening of tender)

5. Certificate of acceptance of Terms and Conditions in Annexure „C‟. 6. Production certificate for the last three preceding years in respect of Items quoted as per

Annexure „D‟. For Imported items- i) Form 10 , ii) form 41. 7. Information as per prescribed proforma (Annexure „E‟). 8. Undertaking as per Annexure-„G‟. 9. Undertaking as per Annexure-„H‟. 10. Audited financial statement (Balance Sheet and Profit & Loss Account Statement) in respect

of annual turnover. (Only relevant documents are to be uploaded). Fifty Percent or more of the annual turnover shall be from the trading of the items in open market i.e exclusive of supply to ESI/ Government Departments/Third Party. A certificate from the Chartered Accountant with reference to sale in the open market should be uploaded.

11. a. Attested photocopy of DGQA Registration Certificate.(As applicable) b. Attested photocopy of valid WHO-GMP Certificate.(As applicable) c. Attested photocopy of valid GMP Certificate as per the revised Schedule „M‟ of the Drugs

& Cosmetics Rules. (As applicable ) d. COPP for Imported Items for quoted items(if applicable)

12. Attested photocopy of valid GLP Certificate as per schedule „L1‟ of the Drugs & Cosmetics Act, 1940 & Rules thereunder for the quoted items.

13. Attested photocopy of Drug Manufacturing License with the list of products approved. 14. Certificate of approval of Drug Controller General of India for new item(s) (if applicable). 15. Certificate of sole manufacturer/ Proprietary of product from State Drugs Controller. 16. Valid import license – Form 10 & Form 41 (if applicable ) 17. An affidavit duly notarized on stamp paper worth of Rs. 100/- in clear and unambiguous

language regarding Terms and condition 14A (i) of Tender Enquiry. 18. An affidavit duly notarized on stamp paper worth of Rs. 100/- in clear and unambiguous

language regarding Terms and condition 14A (ii) of Tender Enquiry. 19. Non-Conviction Certificate for last three continuous years. Non-Conviction Certificate must

have been issued on or after 30.09.2017 from the Drug Controller of the concerned State. 20. Copy of the recent GST Certificate along with affidavit The bidder will submit an

undertaking of GST ACT compliance on a non-judicial stamp paper of Rs. 50/-. ESIC

40

will not hold any responsibility including impact on price due to non-compliance of GST Act.

21. Attested photocopy of valid ISI/European CE/US FDA license /Certificate (in case of items where “ISI/European CE/US FDA Mark” is asked for ).

22. iii. Affidavit as per clause 14(L) of Terms & Conditions. iv. Affidavit on Stamp Paper as per clause 14(S) of Terms & Conditions. v. Affidavit – as per annexure T.

23. Scanned copy of self attested Original Label of all the products quoted. 24. Scanned copy of self attested Literature/Brochures/Catalogue of all quoted items 25. Company/Authorized Signatory to submit Employer Code No. & copy of last three

contributions towards ESI in case factory is covered under ESI Act. OR

Company/Authorized Signatory to submit an Affidavit giving address of Manufacturing unit with a declaration that this factory / manufacturing unit is outside the implemented area / notified area by ESI Corporation.

OR Company / Authorized Signatory to submit a certificate from the Regional Director that the

factory is not coverable under ESI Act, in case the factory is within the covered / notified area. 26. Certificate of Registration of the company as Micro and Small enterprises under the Ministry

of Micro Small and Medium enterprises from appropriate authority. (if applicable ) 27. Letter of authorization to sign and submit the tender along with specimen signature of the

authorized signatory. 28. Annexure “L” are to be uploaded. 29. Annexure „P‟ & Detail of licenses are to be filled. Annexure EMD & TO are to be uploaded. 30. Undertaking as per clause 14(E) of Terms & Conditions. 31. Copy of any other document as required. Note: It is the sole responsibility of the bidder to submit the Bid online & manually(only EMD) as

listed. All documents as listed above should be clear & legible, duly attested / notarized, properly indexed & serially page numbered. All documents should be duly signed digitally for online submission by the authorized signatory. Copies to be uploaded and submitted online should be in proper resolution.

The above said instructions should be followed strictly, failing which the tender will be

summarily rejected. The bidder who submits false, forged or fabricated documents or conceals facts with intent

to win over the tender, EMD of such bidder will be forfeited and bidder/ firm will be liable for blacklisting in addition to legal action as deemed fit.