Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director...

30
Page 1 of 30 ESIC e-Tender enquiry form for Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic)& Dressings and Consumables for the ESI Dispensaries /Hospitals, located at Delhi/New Delhi and NOIDA/Greater NOIDA e-Tender enquiry form (Free of cost) CENTRAL STORES, DIRECTORATE (MEDICAL) DELHI ESI DISPENSARY COMPLEX, TILAK VIHAR, NEW DELHI-110018 Phone No.28335358 & 28335360, Fax 28335357 LAST DATE OF SUBMISSION OF ONLINE e-TENDER:- 04.04.2018

Transcript of Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director...

Page 1: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 1 of 30

ESIC e-Tender enquiry form for Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic)amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA

e-Tender enquiry form (Free of cost)

CENTRAL STORES DIRECTORATE (MEDICAL) DELHI ESI DISPENSARY COMPLEX TILAK VIHAR NEW DELHI-110018

Phone No28335358 amp 28335360 Fax 28335357 LAST DATE OF SUBMISSION OF ONLINE e-TENDER- 04042018

Page 2 of 30

IMPORTANT INSTRUCTIONS FOR BIDDERS REGARDING ONLINE PAYMENT

All bidderscontractors are required to procure class IIIB digital Signature Certificate (DSC) with both DSC components ie signing and encryption to participate in the E-tenders Bidders should get registered at httpsesictenderseprocin Bidders should add the below mentioned sites under Internet Explorer rarr Tools rarr Internet Options rarr Security rarr Trusted Sites rarr Sites of Internet Explorer httpsesictenderseprocin httpswwwtpsl-indiain httpswww4jpg-onlinecom Also Bidders need to select ldquoUse TLS 11 and Use TLS 12rdquo under Internet Explorer rarr Tools rarr Internet Options rarr Advanced Tab rarr Security Bidder needs to submit Bid processing Fee charges of Rs2495-(Non Refundable) in favour of MS C1 India Pvt Ltd Payable at New Delhi via Online Payment Modes such as Debit Card Credit Card or NetBanking for participating in the tender Bidders can contact our Helpdesk at httpsesictenderseprocinhtmlSupportasp

Page 3 of 30

CONTENTS

Sr

No

Headings Page No

1 Date sheet 4

2 e-Tender enquiry 1-30

3 Instruction to bidders 6-8

4 Terms and Conditions of Contract 9-18

5 e-Price Bid (Annexure-P) 19

6 Contract form 20-21

7 Undertaking of the firm(Annexure-A) 22-24

8 Mandate form(Annexure-B) 25

10 Bank Guarantee Form For Performance Security(Annexure-C) 26

11 Highest Discount Certificate (Annexure-D) 27

12 Undertaking (Annexure-E) 28

13 Undertaking (Annexure- F) 29

14 Checklist of the documents(Annexure-G) 30

Central Stores contact No 28335358 amp 28335360 Fax 28335357

Page 4 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS e-Tender Date Sheet

Sr

No

Details Dates amp time

1 Period of availability of e-Tender Enquiry

document on ESIC website-

wwwesicnicin and wwwdmdesicnicin

CPP Portal- wwweprocuregovin and ESIC

e-Procurement portal-

httpsesictenderseprocin

06032018 to 04042018 up to 1100AM

2 Pre-bid meeting 20032018 at 1100AM at Conference hall

Directorate (Medical) Delhi Tilak Vihar

New Delhi ndash 110018

3 Last date of Manual and online Technical

Bid submission

04042018 up to 1100AM

4(i) Opening of online technical Bid and

manual technical Bid cover

04042018 at 1130AM at Conference hall

Directorate (Medical) Delhi Tilak Vihar

New Delhi ndash 110018

4(ii) Result of Technical Bid Will be communicated over Phone Email SMS

to the bidders

4(iii) Representation wrt Technical Bid result Will be accepted only within 3 working days of

the declaration of result

5 Opening of Online Price Bid at 1100AM at Conference hall Directorate

(Medical) Delhi Tilak Vihar New Delhi ndash

110018 and information will be communicated

to technically eligible bidders over Phone

Email SMS

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 However the bid shall be accepted at the site of ESIC e-Procurement portal - httpsesictenderseprocin as per the original schedule without extension All bidders are requested to check further notifications updates if any on ESIC website - wwwesicnicin wwwdmdesicnicin amp ESIC e-Procurement portal - httpsesictenderseprocin

Page 5 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS e-Tender Enquiry

EMPLOYEE STATE INSURANCE CORPORATION RoomNo58CentralStoresDirectorate(Medical)DelhiTilakViharNew Delhi-110018

Subject Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA valid for two(02) years from the date of finalization Dear SirMadam

1 e-Tender is hereby invited by Manager Stores Central Store on behalf of Director(Medical)Delhi under two bid system for formation of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA for items(Drugs (Allopathic) amp Dressings and Consumables) which are not available or not supplied under DGESIC Rate contract or Director(Medical)Delhi ESIC Rate Contract through e-procurement portal of ESIC - httpsesictenderseprocin for a period of Two years along with hard copy of following documents in a sealed envelope superscribed as e- Tender No DMU-1655 RC Local Chemist 2017CS

11 EMD as specified in Instruction to bidders 12 Affidavits as per clause 1 of Tender document under Instruction to bidders

2 e-Tender Enquiry Form may be viewed online or downloaded by the bidders from the website ndash wwwesicnicin amp wwwdmdesicnicin wwweprocuregovin and httpsesictenderseprocin 21 It is mandatory for all bidders to have valid Class III B Digital Signature Certificate (both with signing and encryption component) from any certifying agency as per Information Technology (IT) Act 2000 for submitting e-bid at the ESIC e-procurement Portal httpsesictenderseprocin Bidders can contact helpdesk at httpsesictenders eprocinhtmlsupportasp

22 Bidders should get registered at httpsesictenderseprocin

23 Notwithstanding this evaluation amp finalization of Rate Contract will be based on e- bid submitteduploaded by the tenderer It will be the sole responsibility of the tenderer to scan and upload clear and legible documents for assessment failing which the tender will be liable for rejection

Page 6 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

I Instruction to Bidders 1 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

documents connected with the bidding process 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 partnershipagreement or a power of attorney

iii) Constituted Attorney of the firm if it is a company NB 11 In case of (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 affidavit on stamped paper of all the partners admitting execution of the partnership of the general power of attorney should be furnished

12 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 documents must be signed by every partner of the firm

13 A person signing the documents in the bidding process 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 14 Each and every page of the document uploadedsubmitted in the bidding process should be signed and stamped by the authorized signatory of the firm

2 The tender will be rejected if- (a) A firm submits conditional tender (b) No below desired discount are quoted in commercial bid separately for Branded and

Generic itemsrdquo (c) All the documents uploadedsubmitted are not complete (d) Providing incorrectfalse information

3 Bid should submit as follows 31 Technical bid 311 Technical bid (Hard copy) should also be submitted as A single sealed envelope superscribed with the e- Tender DMU-1655 RC Local Chemist 2017CS for day to day supply of Drugs (Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores Central Stores Tilak Vihar New Delhindash110018 on or before 1100 AM on 04042018 Containing- (i) Original Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) as EMD in Favour of ESIC Fund Account No1 payable at New Delhi (EMD Cover) (ii) Affidavits as per clause 1 of Tender document

Page 7 of 30

32 Technical bid online should contain scanned copies of following documents- 321 Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) submitted as EMD 322 Affidavits as per clause 1 of Tender document 323 Covering letter clearly indicating the list of enclosures 324 GST registration certificate 325 Valid retail license issued by Drug Controller Authority of the state for running the chemist shop for categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories 326 ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017 327 Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order(DPCO) against the firm during the last 03 (Three)years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority 328 The tenderer should give a declaration that heshe has not been blacklisted debarred by any organization during the last 03 (Three) years 329 Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie 2014-2015 2015-16 and 2016-17) duly audited by Chartered Accountant 3210 Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A 3211 Mandate form as per Annexure-B 3212 Highest Discount Certificate as per Annexure-D 3213 Undertaking as per Annexure-E 3214 Undertaking as per Annexure-F (if applicable) 4 Price Bid- Online 41 Price bid for discount on Branded and Generic items as per table-I of Annexure-P 42 Price should be filled online Online Price Bid of only those bidders who are found technically eligible will be opened 5 Pre-bid meeting 51 In order to clarify doubts of the prospective bidders if any a Pre-bid meeting will be held at Conference hall Directorate (Medical) Delhi Tilak Vihar New Delhi ndash 110018 at 1100 AM on 20032018 52 The objectives of this Pre-bid meeting inter alia are to answer the clarificationsquestions queries 6 Withdrawal of tenders along with the earnest money will be allowed before the date of opening of tenders 61 After opening of tenders - 611 Withdrawal of the complete tender can be allowed but in such cases the earnest money shall be forfeited in full 612 No changealteration in rate or other terms in the tender will be permitted under any circumstances

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

7 Director (Medical) Delhi reserves the right to accept or reject any or all the tenders at any stage without assigning any reason thereof Director(Medical)Delhi

Page 9 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

II Terms and Condition of Contract

1 This rate enquiry is for the purpose of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at Delhi New Delhi NOIDA and Greater NOIDA

11 The discount quoted and accepted by the Director Medical Delhi ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract

12 The bidder should read carefully the terms and conditions and should quote only if he fulfills conditions laid down in terms amp conditions of the Rate Contract and for which they have valid authorization on the date of the tender supported by documentary evidence

13 The bidder should quoteoffer one discount for each item SrNo without any variation for different areas or any escalation clause Discount offered should be given both in words and in figures

14 If the bidder quotes NILZERO discount in price bid for the quoted item the bid of the firm for that particular item shall be treated as unresponsive and shall not be considered

2 Validity of Bids The quotations shall remain open for acceptance for 180 days (One Hundred eighty days) from the date of opening of tenders If required this office may ask for extension of validity of bid for a reasonable period On failure to do so bidder may have to forfeit the bid security (earnest money deposit)

3 Eligibility Criteria for Bidders Firms to be eligible should fulfill the following conditions- 31 The Bidderfirm should be continuously in this business for the last three years 32 Bidder(s) participating in Tender must have annual turnover of Rs30000000- (Rupees Three crore) or above during last three consecutive Financial years (ie2014-152015-16 and 2016-17) in the same field 33 Bidder(s) participating in Tender should not be blacklistedderegistered and should not have been Blacklistedderegistered by any other Govt institution Organization during the last three years for supplying sub- standard medicinesOther items or on any other grounds 34 Bidder(s) participating in Tender should not have been convicted by any court of law in any matter related to supplying sub- standard medicinesOther items or on any other grounds 35 Family members of officersofficials working in ESICRetired from ESIC can take part in this tender enquiry subject to submission of declaration in this regard 36 Bidder(s) participating in Tender should not be convicted in an offence under the prevention of Corruption Act1988 37 Bidder(s) participating in Tender 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 38 Bidder(s) participating in Tender must have valid retail license issued by Drug Controller Authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories

Page 10 of 30

39 Bidder(s) participating in Tender must submit ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (three) years 4 Bid Security (Earnest Money Deposit) 41 The tenderer shall have to deposit Bid securityEarnest Money of Rs1000000-(Ten lakh) either through Bankerrsquos cheque or Demand Draft only in favour of ESIC fund Account No1 Payable at New Delhi failing which the tender is liable to be rejected out rightly Scanned copy of the same to be uploaded 42 In the event of withdrawalrevocation or submission of false informationdocument of tender before the date specified for acceptance the Earnest Money shall stand forfeited 43 The EMD deposited with earlier tenders will not be adjusted against this tender Tenders without EMD will not be entertained 44 ESI Corporation will not pay any interest on Earnest Money Deposit which would stand credited to the ESI Corporation Account 45 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract 46 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender 5 Performance Security 51 Director (Medical)Delhi ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects 52 In case selected performance security of Rs 2500000-(Rupees Twenty Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi ESI Corporation within the stipulated period as and when informed 53 Performance security of the contractor will be forfeited if the contractor withdraws or amends without prior consent or impairs or derogates from the tender in any respect within the period of validity of rate contract or if it comes to notice that information documents furnished are incorrect false misleading or forged without prejudice to other right of the purchaser 54 The performance security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period) 55 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract 6 Acceptance of the Tender 61 Director (Medical) Delhi does not pledge himself to accept the highest discount offered by any bidder and reserves the right of acceptingrejecting the whole or any part of the tender without assigning any reason 62 Offer of Acceptance by the purchaser will be communicated by a letter after completion of formalities required for the formal acceptance of tender amp will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately 63 The bidder whose tender is accepted will then send Contract Form in the prescribed format (as per performa communicated by Director (Medical) Delhi ESI Corporation on a notarized stamp

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 2: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 2 of 30

IMPORTANT INSTRUCTIONS FOR BIDDERS REGARDING ONLINE PAYMENT

All bidderscontractors are required to procure class IIIB digital Signature Certificate (DSC) with both DSC components ie signing and encryption to participate in the E-tenders Bidders should get registered at httpsesictenderseprocin Bidders should add the below mentioned sites under Internet Explorer rarr Tools rarr Internet Options rarr Security rarr Trusted Sites rarr Sites of Internet Explorer httpsesictenderseprocin httpswwwtpsl-indiain httpswww4jpg-onlinecom Also Bidders need to select ldquoUse TLS 11 and Use TLS 12rdquo under Internet Explorer rarr Tools rarr Internet Options rarr Advanced Tab rarr Security Bidder needs to submit Bid processing Fee charges of Rs2495-(Non Refundable) in favour of MS C1 India Pvt Ltd Payable at New Delhi via Online Payment Modes such as Debit Card Credit Card or NetBanking for participating in the tender Bidders can contact our Helpdesk at httpsesictenderseprocinhtmlSupportasp

Page 3 of 30

CONTENTS

Sr

No

Headings Page No

1 Date sheet 4

2 e-Tender enquiry 1-30

3 Instruction to bidders 6-8

4 Terms and Conditions of Contract 9-18

5 e-Price Bid (Annexure-P) 19

6 Contract form 20-21

7 Undertaking of the firm(Annexure-A) 22-24

8 Mandate form(Annexure-B) 25

10 Bank Guarantee Form For Performance Security(Annexure-C) 26

11 Highest Discount Certificate (Annexure-D) 27

12 Undertaking (Annexure-E) 28

13 Undertaking (Annexure- F) 29

14 Checklist of the documents(Annexure-G) 30

Central Stores contact No 28335358 amp 28335360 Fax 28335357

Page 4 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS e-Tender Date Sheet

Sr

No

Details Dates amp time

1 Period of availability of e-Tender Enquiry

document on ESIC website-

wwwesicnicin and wwwdmdesicnicin

CPP Portal- wwweprocuregovin and ESIC

e-Procurement portal-

httpsesictenderseprocin

06032018 to 04042018 up to 1100AM

2 Pre-bid meeting 20032018 at 1100AM at Conference hall

Directorate (Medical) Delhi Tilak Vihar

New Delhi ndash 110018

3 Last date of Manual and online Technical

Bid submission

04042018 up to 1100AM

4(i) Opening of online technical Bid and

manual technical Bid cover

04042018 at 1130AM at Conference hall

Directorate (Medical) Delhi Tilak Vihar

New Delhi ndash 110018

4(ii) Result of Technical Bid Will be communicated over Phone Email SMS

to the bidders

4(iii) Representation wrt Technical Bid result Will be accepted only within 3 working days of

the declaration of result

5 Opening of Online Price Bid at 1100AM at Conference hall Directorate

(Medical) Delhi Tilak Vihar New Delhi ndash

110018 and information will be communicated

to technically eligible bidders over Phone

Email SMS

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 However the bid shall be accepted at the site of ESIC e-Procurement portal - httpsesictenderseprocin as per the original schedule without extension All bidders are requested to check further notifications updates if any on ESIC website - wwwesicnicin wwwdmdesicnicin amp ESIC e-Procurement portal - httpsesictenderseprocin

Page 5 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS e-Tender Enquiry

EMPLOYEE STATE INSURANCE CORPORATION RoomNo58CentralStoresDirectorate(Medical)DelhiTilakViharNew Delhi-110018

Subject Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA valid for two(02) years from the date of finalization Dear SirMadam

1 e-Tender is hereby invited by Manager Stores Central Store on behalf of Director(Medical)Delhi under two bid system for formation of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA for items(Drugs (Allopathic) amp Dressings and Consumables) which are not available or not supplied under DGESIC Rate contract or Director(Medical)Delhi ESIC Rate Contract through e-procurement portal of ESIC - httpsesictenderseprocin for a period of Two years along with hard copy of following documents in a sealed envelope superscribed as e- Tender No DMU-1655 RC Local Chemist 2017CS

11 EMD as specified in Instruction to bidders 12 Affidavits as per clause 1 of Tender document under Instruction to bidders

2 e-Tender Enquiry Form may be viewed online or downloaded by the bidders from the website ndash wwwesicnicin amp wwwdmdesicnicin wwweprocuregovin and httpsesictenderseprocin 21 It is mandatory for all bidders to have valid Class III B Digital Signature Certificate (both with signing and encryption component) from any certifying agency as per Information Technology (IT) Act 2000 for submitting e-bid at the ESIC e-procurement Portal httpsesictenderseprocin Bidders can contact helpdesk at httpsesictenders eprocinhtmlsupportasp

22 Bidders should get registered at httpsesictenderseprocin

23 Notwithstanding this evaluation amp finalization of Rate Contract will be based on e- bid submitteduploaded by the tenderer It will be the sole responsibility of the tenderer to scan and upload clear and legible documents for assessment failing which the tender will be liable for rejection

Page 6 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

I Instruction to Bidders 1 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

documents connected with the bidding process 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 partnershipagreement or a power of attorney

iii) Constituted Attorney of the firm if it is a company NB 11 In case of (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 affidavit on stamped paper of all the partners admitting execution of the partnership of the general power of attorney should be furnished

12 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 documents must be signed by every partner of the firm

13 A person signing the documents in the bidding process 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 14 Each and every page of the document uploadedsubmitted in the bidding process should be signed and stamped by the authorized signatory of the firm

2 The tender will be rejected if- (a) A firm submits conditional tender (b) No below desired discount are quoted in commercial bid separately for Branded and

Generic itemsrdquo (c) All the documents uploadedsubmitted are not complete (d) Providing incorrectfalse information

3 Bid should submit as follows 31 Technical bid 311 Technical bid (Hard copy) should also be submitted as A single sealed envelope superscribed with the e- Tender DMU-1655 RC Local Chemist 2017CS for day to day supply of Drugs (Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores Central Stores Tilak Vihar New Delhindash110018 on or before 1100 AM on 04042018 Containing- (i) Original Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) as EMD in Favour of ESIC Fund Account No1 payable at New Delhi (EMD Cover) (ii) Affidavits as per clause 1 of Tender document

Page 7 of 30

32 Technical bid online should contain scanned copies of following documents- 321 Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) submitted as EMD 322 Affidavits as per clause 1 of Tender document 323 Covering letter clearly indicating the list of enclosures 324 GST registration certificate 325 Valid retail license issued by Drug Controller Authority of the state for running the chemist shop for categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories 326 ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017 327 Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order(DPCO) against the firm during the last 03 (Three)years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority 328 The tenderer should give a declaration that heshe has not been blacklisted debarred by any organization during the last 03 (Three) years 329 Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie 2014-2015 2015-16 and 2016-17) duly audited by Chartered Accountant 3210 Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A 3211 Mandate form as per Annexure-B 3212 Highest Discount Certificate as per Annexure-D 3213 Undertaking as per Annexure-E 3214 Undertaking as per Annexure-F (if applicable) 4 Price Bid- Online 41 Price bid for discount on Branded and Generic items as per table-I of Annexure-P 42 Price should be filled online Online Price Bid of only those bidders who are found technically eligible will be opened 5 Pre-bid meeting 51 In order to clarify doubts of the prospective bidders if any a Pre-bid meeting will be held at Conference hall Directorate (Medical) Delhi Tilak Vihar New Delhi ndash 110018 at 1100 AM on 20032018 52 The objectives of this Pre-bid meeting inter alia are to answer the clarificationsquestions queries 6 Withdrawal of tenders along with the earnest money will be allowed before the date of opening of tenders 61 After opening of tenders - 611 Withdrawal of the complete tender can be allowed but in such cases the earnest money shall be forfeited in full 612 No changealteration in rate or other terms in the tender will be permitted under any circumstances

Page 8 of 30

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

7 Director (Medical) Delhi reserves the right to accept or reject any or all the tenders at any stage without assigning any reason thereof Director(Medical)Delhi

Page 9 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

II Terms and Condition of Contract

1 This rate enquiry is for the purpose of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at Delhi New Delhi NOIDA and Greater NOIDA

11 The discount quoted and accepted by the Director Medical Delhi ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract

12 The bidder should read carefully the terms and conditions and should quote only if he fulfills conditions laid down in terms amp conditions of the Rate Contract and for which they have valid authorization on the date of the tender supported by documentary evidence

13 The bidder should quoteoffer one discount for each item SrNo without any variation for different areas or any escalation clause Discount offered should be given both in words and in figures

14 If the bidder quotes NILZERO discount in price bid for the quoted item the bid of the firm for that particular item shall be treated as unresponsive and shall not be considered

2 Validity of Bids The quotations shall remain open for acceptance for 180 days (One Hundred eighty days) from the date of opening of tenders If required this office may ask for extension of validity of bid for a reasonable period On failure to do so bidder may have to forfeit the bid security (earnest money deposit)

3 Eligibility Criteria for Bidders Firms to be eligible should fulfill the following conditions- 31 The Bidderfirm should be continuously in this business for the last three years 32 Bidder(s) participating in Tender must have annual turnover of Rs30000000- (Rupees Three crore) or above during last three consecutive Financial years (ie2014-152015-16 and 2016-17) in the same field 33 Bidder(s) participating in Tender should not be blacklistedderegistered and should not have been Blacklistedderegistered by any other Govt institution Organization during the last three years for supplying sub- standard medicinesOther items or on any other grounds 34 Bidder(s) participating in Tender should not have been convicted by any court of law in any matter related to supplying sub- standard medicinesOther items or on any other grounds 35 Family members of officersofficials working in ESICRetired from ESIC can take part in this tender enquiry subject to submission of declaration in this regard 36 Bidder(s) participating in Tender should not be convicted in an offence under the prevention of Corruption Act1988 37 Bidder(s) participating in Tender 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 38 Bidder(s) participating in Tender must have valid retail license issued by Drug Controller Authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories

Page 10 of 30

39 Bidder(s) participating in Tender must submit ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (three) years 4 Bid Security (Earnest Money Deposit) 41 The tenderer shall have to deposit Bid securityEarnest Money of Rs1000000-(Ten lakh) either through Bankerrsquos cheque or Demand Draft only in favour of ESIC fund Account No1 Payable at New Delhi failing which the tender is liable to be rejected out rightly Scanned copy of the same to be uploaded 42 In the event of withdrawalrevocation or submission of false informationdocument of tender before the date specified for acceptance the Earnest Money shall stand forfeited 43 The EMD deposited with earlier tenders will not be adjusted against this tender Tenders without EMD will not be entertained 44 ESI Corporation will not pay any interest on Earnest Money Deposit which would stand credited to the ESI Corporation Account 45 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract 46 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender 5 Performance Security 51 Director (Medical)Delhi ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects 52 In case selected performance security of Rs 2500000-(Rupees Twenty Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi ESI Corporation within the stipulated period as and when informed 53 Performance security of the contractor will be forfeited if the contractor withdraws or amends without prior consent or impairs or derogates from the tender in any respect within the period of validity of rate contract or if it comes to notice that information documents furnished are incorrect false misleading or forged without prejudice to other right of the purchaser 54 The performance security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period) 55 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract 6 Acceptance of the Tender 61 Director (Medical) Delhi does not pledge himself to accept the highest discount offered by any bidder and reserves the right of acceptingrejecting the whole or any part of the tender without assigning any reason 62 Offer of Acceptance by the purchaser will be communicated by a letter after completion of formalities required for the formal acceptance of tender amp will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately 63 The bidder whose tender is accepted will then send Contract Form in the prescribed format (as per performa communicated by Director (Medical) Delhi ESI Corporation on a notarized stamp

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 3: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 3 of 30

CONTENTS

Sr

No

Headings Page No

1 Date sheet 4

2 e-Tender enquiry 1-30

3 Instruction to bidders 6-8

4 Terms and Conditions of Contract 9-18

5 e-Price Bid (Annexure-P) 19

6 Contract form 20-21

7 Undertaking of the firm(Annexure-A) 22-24

8 Mandate form(Annexure-B) 25

10 Bank Guarantee Form For Performance Security(Annexure-C) 26

11 Highest Discount Certificate (Annexure-D) 27

12 Undertaking (Annexure-E) 28

13 Undertaking (Annexure- F) 29

14 Checklist of the documents(Annexure-G) 30

Central Stores contact No 28335358 amp 28335360 Fax 28335357

Page 4 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS e-Tender Date Sheet

Sr

No

Details Dates amp time

1 Period of availability of e-Tender Enquiry

document on ESIC website-

wwwesicnicin and wwwdmdesicnicin

CPP Portal- wwweprocuregovin and ESIC

e-Procurement portal-

httpsesictenderseprocin

06032018 to 04042018 up to 1100AM

2 Pre-bid meeting 20032018 at 1100AM at Conference hall

Directorate (Medical) Delhi Tilak Vihar

New Delhi ndash 110018

3 Last date of Manual and online Technical

Bid submission

04042018 up to 1100AM

4(i) Opening of online technical Bid and

manual technical Bid cover

04042018 at 1130AM at Conference hall

Directorate (Medical) Delhi Tilak Vihar

New Delhi ndash 110018

4(ii) Result of Technical Bid Will be communicated over Phone Email SMS

to the bidders

4(iii) Representation wrt Technical Bid result Will be accepted only within 3 working days of

the declaration of result

5 Opening of Online Price Bid at 1100AM at Conference hall Directorate

(Medical) Delhi Tilak Vihar New Delhi ndash

110018 and information will be communicated

to technically eligible bidders over Phone

Email SMS

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 However the bid shall be accepted at the site of ESIC e-Procurement portal - httpsesictenderseprocin as per the original schedule without extension All bidders are requested to check further notifications updates if any on ESIC website - wwwesicnicin wwwdmdesicnicin amp ESIC e-Procurement portal - httpsesictenderseprocin

Page 5 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS e-Tender Enquiry

EMPLOYEE STATE INSURANCE CORPORATION RoomNo58CentralStoresDirectorate(Medical)DelhiTilakViharNew Delhi-110018

Subject Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA valid for two(02) years from the date of finalization Dear SirMadam

1 e-Tender is hereby invited by Manager Stores Central Store on behalf of Director(Medical)Delhi under two bid system for formation of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA for items(Drugs (Allopathic) amp Dressings and Consumables) which are not available or not supplied under DGESIC Rate contract or Director(Medical)Delhi ESIC Rate Contract through e-procurement portal of ESIC - httpsesictenderseprocin for a period of Two years along with hard copy of following documents in a sealed envelope superscribed as e- Tender No DMU-1655 RC Local Chemist 2017CS

11 EMD as specified in Instruction to bidders 12 Affidavits as per clause 1 of Tender document under Instruction to bidders

2 e-Tender Enquiry Form may be viewed online or downloaded by the bidders from the website ndash wwwesicnicin amp wwwdmdesicnicin wwweprocuregovin and httpsesictenderseprocin 21 It is mandatory for all bidders to have valid Class III B Digital Signature Certificate (both with signing and encryption component) from any certifying agency as per Information Technology (IT) Act 2000 for submitting e-bid at the ESIC e-procurement Portal httpsesictenderseprocin Bidders can contact helpdesk at httpsesictenders eprocinhtmlsupportasp

22 Bidders should get registered at httpsesictenderseprocin

23 Notwithstanding this evaluation amp finalization of Rate Contract will be based on e- bid submitteduploaded by the tenderer It will be the sole responsibility of the tenderer to scan and upload clear and legible documents for assessment failing which the tender will be liable for rejection

Page 6 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

I Instruction to Bidders 1 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

documents connected with the bidding process 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 partnershipagreement or a power of attorney

iii) Constituted Attorney of the firm if it is a company NB 11 In case of (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 affidavit on stamped paper of all the partners admitting execution of the partnership of the general power of attorney should be furnished

12 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 documents must be signed by every partner of the firm

13 A person signing the documents in the bidding process 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 14 Each and every page of the document uploadedsubmitted in the bidding process should be signed and stamped by the authorized signatory of the firm

2 The tender will be rejected if- (a) A firm submits conditional tender (b) No below desired discount are quoted in commercial bid separately for Branded and

Generic itemsrdquo (c) All the documents uploadedsubmitted are not complete (d) Providing incorrectfalse information

3 Bid should submit as follows 31 Technical bid 311 Technical bid (Hard copy) should also be submitted as A single sealed envelope superscribed with the e- Tender DMU-1655 RC Local Chemist 2017CS for day to day supply of Drugs (Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores Central Stores Tilak Vihar New Delhindash110018 on or before 1100 AM on 04042018 Containing- (i) Original Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) as EMD in Favour of ESIC Fund Account No1 payable at New Delhi (EMD Cover) (ii) Affidavits as per clause 1 of Tender document

Page 7 of 30

32 Technical bid online should contain scanned copies of following documents- 321 Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) submitted as EMD 322 Affidavits as per clause 1 of Tender document 323 Covering letter clearly indicating the list of enclosures 324 GST registration certificate 325 Valid retail license issued by Drug Controller Authority of the state for running the chemist shop for categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories 326 ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017 327 Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order(DPCO) against the firm during the last 03 (Three)years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority 328 The tenderer should give a declaration that heshe has not been blacklisted debarred by any organization during the last 03 (Three) years 329 Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie 2014-2015 2015-16 and 2016-17) duly audited by Chartered Accountant 3210 Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A 3211 Mandate form as per Annexure-B 3212 Highest Discount Certificate as per Annexure-D 3213 Undertaking as per Annexure-E 3214 Undertaking as per Annexure-F (if applicable) 4 Price Bid- Online 41 Price bid for discount on Branded and Generic items as per table-I of Annexure-P 42 Price should be filled online Online Price Bid of only those bidders who are found technically eligible will be opened 5 Pre-bid meeting 51 In order to clarify doubts of the prospective bidders if any a Pre-bid meeting will be held at Conference hall Directorate (Medical) Delhi Tilak Vihar New Delhi ndash 110018 at 1100 AM on 20032018 52 The objectives of this Pre-bid meeting inter alia are to answer the clarificationsquestions queries 6 Withdrawal of tenders along with the earnest money will be allowed before the date of opening of tenders 61 After opening of tenders - 611 Withdrawal of the complete tender can be allowed but in such cases the earnest money shall be forfeited in full 612 No changealteration in rate or other terms in the tender will be permitted under any circumstances

Page 8 of 30

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

7 Director (Medical) Delhi reserves the right to accept or reject any or all the tenders at any stage without assigning any reason thereof Director(Medical)Delhi

Page 9 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

II Terms and Condition of Contract

1 This rate enquiry is for the purpose of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at Delhi New Delhi NOIDA and Greater NOIDA

11 The discount quoted and accepted by the Director Medical Delhi ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract

12 The bidder should read carefully the terms and conditions and should quote only if he fulfills conditions laid down in terms amp conditions of the Rate Contract and for which they have valid authorization on the date of the tender supported by documentary evidence

13 The bidder should quoteoffer one discount for each item SrNo without any variation for different areas or any escalation clause Discount offered should be given both in words and in figures

14 If the bidder quotes NILZERO discount in price bid for the quoted item the bid of the firm for that particular item shall be treated as unresponsive and shall not be considered

2 Validity of Bids The quotations shall remain open for acceptance for 180 days (One Hundred eighty days) from the date of opening of tenders If required this office may ask for extension of validity of bid for a reasonable period On failure to do so bidder may have to forfeit the bid security (earnest money deposit)

3 Eligibility Criteria for Bidders Firms to be eligible should fulfill the following conditions- 31 The Bidderfirm should be continuously in this business for the last three years 32 Bidder(s) participating in Tender must have annual turnover of Rs30000000- (Rupees Three crore) or above during last three consecutive Financial years (ie2014-152015-16 and 2016-17) in the same field 33 Bidder(s) participating in Tender should not be blacklistedderegistered and should not have been Blacklistedderegistered by any other Govt institution Organization during the last three years for supplying sub- standard medicinesOther items or on any other grounds 34 Bidder(s) participating in Tender should not have been convicted by any court of law in any matter related to supplying sub- standard medicinesOther items or on any other grounds 35 Family members of officersofficials working in ESICRetired from ESIC can take part in this tender enquiry subject to submission of declaration in this regard 36 Bidder(s) participating in Tender should not be convicted in an offence under the prevention of Corruption Act1988 37 Bidder(s) participating in Tender 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 38 Bidder(s) participating in Tender must have valid retail license issued by Drug Controller Authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories

Page 10 of 30

39 Bidder(s) participating in Tender must submit ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (three) years 4 Bid Security (Earnest Money Deposit) 41 The tenderer shall have to deposit Bid securityEarnest Money of Rs1000000-(Ten lakh) either through Bankerrsquos cheque or Demand Draft only in favour of ESIC fund Account No1 Payable at New Delhi failing which the tender is liable to be rejected out rightly Scanned copy of the same to be uploaded 42 In the event of withdrawalrevocation or submission of false informationdocument of tender before the date specified for acceptance the Earnest Money shall stand forfeited 43 The EMD deposited with earlier tenders will not be adjusted against this tender Tenders without EMD will not be entertained 44 ESI Corporation will not pay any interest on Earnest Money Deposit which would stand credited to the ESI Corporation Account 45 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract 46 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender 5 Performance Security 51 Director (Medical)Delhi ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects 52 In case selected performance security of Rs 2500000-(Rupees Twenty Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi ESI Corporation within the stipulated period as and when informed 53 Performance security of the contractor will be forfeited if the contractor withdraws or amends without prior consent or impairs or derogates from the tender in any respect within the period of validity of rate contract or if it comes to notice that information documents furnished are incorrect false misleading or forged without prejudice to other right of the purchaser 54 The performance security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period) 55 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract 6 Acceptance of the Tender 61 Director (Medical) Delhi does not pledge himself to accept the highest discount offered by any bidder and reserves the right of acceptingrejecting the whole or any part of the tender without assigning any reason 62 Offer of Acceptance by the purchaser will be communicated by a letter after completion of formalities required for the formal acceptance of tender amp will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately 63 The bidder whose tender is accepted will then send Contract Form in the prescribed format (as per performa communicated by Director (Medical) Delhi ESI Corporation on a notarized stamp

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 4: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 4 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS e-Tender Date Sheet

Sr

No

Details Dates amp time

1 Period of availability of e-Tender Enquiry

document on ESIC website-

wwwesicnicin and wwwdmdesicnicin

CPP Portal- wwweprocuregovin and ESIC

e-Procurement portal-

httpsesictenderseprocin

06032018 to 04042018 up to 1100AM

2 Pre-bid meeting 20032018 at 1100AM at Conference hall

Directorate (Medical) Delhi Tilak Vihar

New Delhi ndash 110018

3 Last date of Manual and online Technical

Bid submission

04042018 up to 1100AM

4(i) Opening of online technical Bid and

manual technical Bid cover

04042018 at 1130AM at Conference hall

Directorate (Medical) Delhi Tilak Vihar

New Delhi ndash 110018

4(ii) Result of Technical Bid Will be communicated over Phone Email SMS

to the bidders

4(iii) Representation wrt Technical Bid result Will be accepted only within 3 working days of

the declaration of result

5 Opening of Online Price Bid at 1100AM at Conference hall Directorate

(Medical) Delhi Tilak Vihar New Delhi ndash

110018 and information will be communicated

to technically eligible bidders over Phone

Email SMS

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 However the bid shall be accepted at the site of ESIC e-Procurement portal - httpsesictenderseprocin as per the original schedule without extension All bidders are requested to check further notifications updates if any on ESIC website - wwwesicnicin wwwdmdesicnicin amp ESIC e-Procurement portal - httpsesictenderseprocin

Page 5 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS e-Tender Enquiry

EMPLOYEE STATE INSURANCE CORPORATION RoomNo58CentralStoresDirectorate(Medical)DelhiTilakViharNew Delhi-110018

Subject Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA valid for two(02) years from the date of finalization Dear SirMadam

1 e-Tender is hereby invited by Manager Stores Central Store on behalf of Director(Medical)Delhi under two bid system for formation of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA for items(Drugs (Allopathic) amp Dressings and Consumables) which are not available or not supplied under DGESIC Rate contract or Director(Medical)Delhi ESIC Rate Contract through e-procurement portal of ESIC - httpsesictenderseprocin for a period of Two years along with hard copy of following documents in a sealed envelope superscribed as e- Tender No DMU-1655 RC Local Chemist 2017CS

11 EMD as specified in Instruction to bidders 12 Affidavits as per clause 1 of Tender document under Instruction to bidders

2 e-Tender Enquiry Form may be viewed online or downloaded by the bidders from the website ndash wwwesicnicin amp wwwdmdesicnicin wwweprocuregovin and httpsesictenderseprocin 21 It is mandatory for all bidders to have valid Class III B Digital Signature Certificate (both with signing and encryption component) from any certifying agency as per Information Technology (IT) Act 2000 for submitting e-bid at the ESIC e-procurement Portal httpsesictenderseprocin Bidders can contact helpdesk at httpsesictenders eprocinhtmlsupportasp

22 Bidders should get registered at httpsesictenderseprocin

23 Notwithstanding this evaluation amp finalization of Rate Contract will be based on e- bid submitteduploaded by the tenderer It will be the sole responsibility of the tenderer to scan and upload clear and legible documents for assessment failing which the tender will be liable for rejection

Page 6 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

I Instruction to Bidders 1 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

documents connected with the bidding process 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 partnershipagreement or a power of attorney

iii) Constituted Attorney of the firm if it is a company NB 11 In case of (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 affidavit on stamped paper of all the partners admitting execution of the partnership of the general power of attorney should be furnished

12 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 documents must be signed by every partner of the firm

13 A person signing the documents in the bidding process 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 14 Each and every page of the document uploadedsubmitted in the bidding process should be signed and stamped by the authorized signatory of the firm

2 The tender will be rejected if- (a) A firm submits conditional tender (b) No below desired discount are quoted in commercial bid separately for Branded and

Generic itemsrdquo (c) All the documents uploadedsubmitted are not complete (d) Providing incorrectfalse information

3 Bid should submit as follows 31 Technical bid 311 Technical bid (Hard copy) should also be submitted as A single sealed envelope superscribed with the e- Tender DMU-1655 RC Local Chemist 2017CS for day to day supply of Drugs (Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores Central Stores Tilak Vihar New Delhindash110018 on or before 1100 AM on 04042018 Containing- (i) Original Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) as EMD in Favour of ESIC Fund Account No1 payable at New Delhi (EMD Cover) (ii) Affidavits as per clause 1 of Tender document

Page 7 of 30

32 Technical bid online should contain scanned copies of following documents- 321 Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) submitted as EMD 322 Affidavits as per clause 1 of Tender document 323 Covering letter clearly indicating the list of enclosures 324 GST registration certificate 325 Valid retail license issued by Drug Controller Authority of the state for running the chemist shop for categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories 326 ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017 327 Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order(DPCO) against the firm during the last 03 (Three)years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority 328 The tenderer should give a declaration that heshe has not been blacklisted debarred by any organization during the last 03 (Three) years 329 Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie 2014-2015 2015-16 and 2016-17) duly audited by Chartered Accountant 3210 Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A 3211 Mandate form as per Annexure-B 3212 Highest Discount Certificate as per Annexure-D 3213 Undertaking as per Annexure-E 3214 Undertaking as per Annexure-F (if applicable) 4 Price Bid- Online 41 Price bid for discount on Branded and Generic items as per table-I of Annexure-P 42 Price should be filled online Online Price Bid of only those bidders who are found technically eligible will be opened 5 Pre-bid meeting 51 In order to clarify doubts of the prospective bidders if any a Pre-bid meeting will be held at Conference hall Directorate (Medical) Delhi Tilak Vihar New Delhi ndash 110018 at 1100 AM on 20032018 52 The objectives of this Pre-bid meeting inter alia are to answer the clarificationsquestions queries 6 Withdrawal of tenders along with the earnest money will be allowed before the date of opening of tenders 61 After opening of tenders - 611 Withdrawal of the complete tender can be allowed but in such cases the earnest money shall be forfeited in full 612 No changealteration in rate or other terms in the tender will be permitted under any circumstances

Page 8 of 30

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

7 Director (Medical) Delhi reserves the right to accept or reject any or all the tenders at any stage without assigning any reason thereof Director(Medical)Delhi

Page 9 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

II Terms and Condition of Contract

1 This rate enquiry is for the purpose of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at Delhi New Delhi NOIDA and Greater NOIDA

11 The discount quoted and accepted by the Director Medical Delhi ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract

12 The bidder should read carefully the terms and conditions and should quote only if he fulfills conditions laid down in terms amp conditions of the Rate Contract and for which they have valid authorization on the date of the tender supported by documentary evidence

13 The bidder should quoteoffer one discount for each item SrNo without any variation for different areas or any escalation clause Discount offered should be given both in words and in figures

14 If the bidder quotes NILZERO discount in price bid for the quoted item the bid of the firm for that particular item shall be treated as unresponsive and shall not be considered

2 Validity of Bids The quotations shall remain open for acceptance for 180 days (One Hundred eighty days) from the date of opening of tenders If required this office may ask for extension of validity of bid for a reasonable period On failure to do so bidder may have to forfeit the bid security (earnest money deposit)

3 Eligibility Criteria for Bidders Firms to be eligible should fulfill the following conditions- 31 The Bidderfirm should be continuously in this business for the last three years 32 Bidder(s) participating in Tender must have annual turnover of Rs30000000- (Rupees Three crore) or above during last three consecutive Financial years (ie2014-152015-16 and 2016-17) in the same field 33 Bidder(s) participating in Tender should not be blacklistedderegistered and should not have been Blacklistedderegistered by any other Govt institution Organization during the last three years for supplying sub- standard medicinesOther items or on any other grounds 34 Bidder(s) participating in Tender should not have been convicted by any court of law in any matter related to supplying sub- standard medicinesOther items or on any other grounds 35 Family members of officersofficials working in ESICRetired from ESIC can take part in this tender enquiry subject to submission of declaration in this regard 36 Bidder(s) participating in Tender should not be convicted in an offence under the prevention of Corruption Act1988 37 Bidder(s) participating in Tender 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 38 Bidder(s) participating in Tender must have valid retail license issued by Drug Controller Authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories

Page 10 of 30

39 Bidder(s) participating in Tender must submit ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (three) years 4 Bid Security (Earnest Money Deposit) 41 The tenderer shall have to deposit Bid securityEarnest Money of Rs1000000-(Ten lakh) either through Bankerrsquos cheque or Demand Draft only in favour of ESIC fund Account No1 Payable at New Delhi failing which the tender is liable to be rejected out rightly Scanned copy of the same to be uploaded 42 In the event of withdrawalrevocation or submission of false informationdocument of tender before the date specified for acceptance the Earnest Money shall stand forfeited 43 The EMD deposited with earlier tenders will not be adjusted against this tender Tenders without EMD will not be entertained 44 ESI Corporation will not pay any interest on Earnest Money Deposit which would stand credited to the ESI Corporation Account 45 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract 46 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender 5 Performance Security 51 Director (Medical)Delhi ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects 52 In case selected performance security of Rs 2500000-(Rupees Twenty Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi ESI Corporation within the stipulated period as and when informed 53 Performance security of the contractor will be forfeited if the contractor withdraws or amends without prior consent or impairs or derogates from the tender in any respect within the period of validity of rate contract or if it comes to notice that information documents furnished are incorrect false misleading or forged without prejudice to other right of the purchaser 54 The performance security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period) 55 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract 6 Acceptance of the Tender 61 Director (Medical) Delhi does not pledge himself to accept the highest discount offered by any bidder and reserves the right of acceptingrejecting the whole or any part of the tender without assigning any reason 62 Offer of Acceptance by the purchaser will be communicated by a letter after completion of formalities required for the formal acceptance of tender amp will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately 63 The bidder whose tender is accepted will then send Contract Form in the prescribed format (as per performa communicated by Director (Medical) Delhi ESI Corporation on a notarized stamp

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 5: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 5 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS e-Tender Enquiry

EMPLOYEE STATE INSURANCE CORPORATION RoomNo58CentralStoresDirectorate(Medical)DelhiTilakViharNew Delhi-110018

Subject Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA valid for two(02) years from the date of finalization Dear SirMadam

1 e-Tender is hereby invited by Manager Stores Central Store on behalf of Director(Medical)Delhi under two bid system for formation of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA for items(Drugs (Allopathic) amp Dressings and Consumables) which are not available or not supplied under DGESIC Rate contract or Director(Medical)Delhi ESIC Rate Contract through e-procurement portal of ESIC - httpsesictenderseprocin for a period of Two years along with hard copy of following documents in a sealed envelope superscribed as e- Tender No DMU-1655 RC Local Chemist 2017CS

11 EMD as specified in Instruction to bidders 12 Affidavits as per clause 1 of Tender document under Instruction to bidders

2 e-Tender Enquiry Form may be viewed online or downloaded by the bidders from the website ndash wwwesicnicin amp wwwdmdesicnicin wwweprocuregovin and httpsesictenderseprocin 21 It is mandatory for all bidders to have valid Class III B Digital Signature Certificate (both with signing and encryption component) from any certifying agency as per Information Technology (IT) Act 2000 for submitting e-bid at the ESIC e-procurement Portal httpsesictenderseprocin Bidders can contact helpdesk at httpsesictenders eprocinhtmlsupportasp

22 Bidders should get registered at httpsesictenderseprocin

23 Notwithstanding this evaluation amp finalization of Rate Contract will be based on e- bid submitteduploaded by the tenderer It will be the sole responsibility of the tenderer to scan and upload clear and legible documents for assessment failing which the tender will be liable for rejection

Page 6 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

I Instruction to Bidders 1 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

documents connected with the bidding process 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 partnershipagreement or a power of attorney

iii) Constituted Attorney of the firm if it is a company NB 11 In case of (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 affidavit on stamped paper of all the partners admitting execution of the partnership of the general power of attorney should be furnished

12 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 documents must be signed by every partner of the firm

13 A person signing the documents in the bidding process 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 14 Each and every page of the document uploadedsubmitted in the bidding process should be signed and stamped by the authorized signatory of the firm

2 The tender will be rejected if- (a) A firm submits conditional tender (b) No below desired discount are quoted in commercial bid separately for Branded and

Generic itemsrdquo (c) All the documents uploadedsubmitted are not complete (d) Providing incorrectfalse information

3 Bid should submit as follows 31 Technical bid 311 Technical bid (Hard copy) should also be submitted as A single sealed envelope superscribed with the e- Tender DMU-1655 RC Local Chemist 2017CS for day to day supply of Drugs (Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores Central Stores Tilak Vihar New Delhindash110018 on or before 1100 AM on 04042018 Containing- (i) Original Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) as EMD in Favour of ESIC Fund Account No1 payable at New Delhi (EMD Cover) (ii) Affidavits as per clause 1 of Tender document

Page 7 of 30

32 Technical bid online should contain scanned copies of following documents- 321 Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) submitted as EMD 322 Affidavits as per clause 1 of Tender document 323 Covering letter clearly indicating the list of enclosures 324 GST registration certificate 325 Valid retail license issued by Drug Controller Authority of the state for running the chemist shop for categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories 326 ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017 327 Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order(DPCO) against the firm during the last 03 (Three)years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority 328 The tenderer should give a declaration that heshe has not been blacklisted debarred by any organization during the last 03 (Three) years 329 Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie 2014-2015 2015-16 and 2016-17) duly audited by Chartered Accountant 3210 Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A 3211 Mandate form as per Annexure-B 3212 Highest Discount Certificate as per Annexure-D 3213 Undertaking as per Annexure-E 3214 Undertaking as per Annexure-F (if applicable) 4 Price Bid- Online 41 Price bid for discount on Branded and Generic items as per table-I of Annexure-P 42 Price should be filled online Online Price Bid of only those bidders who are found technically eligible will be opened 5 Pre-bid meeting 51 In order to clarify doubts of the prospective bidders if any a Pre-bid meeting will be held at Conference hall Directorate (Medical) Delhi Tilak Vihar New Delhi ndash 110018 at 1100 AM on 20032018 52 The objectives of this Pre-bid meeting inter alia are to answer the clarificationsquestions queries 6 Withdrawal of tenders along with the earnest money will be allowed before the date of opening of tenders 61 After opening of tenders - 611 Withdrawal of the complete tender can be allowed but in such cases the earnest money shall be forfeited in full 612 No changealteration in rate or other terms in the tender will be permitted under any circumstances

Page 8 of 30

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

7 Director (Medical) Delhi reserves the right to accept or reject any or all the tenders at any stage without assigning any reason thereof Director(Medical)Delhi

Page 9 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

II Terms and Condition of Contract

1 This rate enquiry is for the purpose of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at Delhi New Delhi NOIDA and Greater NOIDA

11 The discount quoted and accepted by the Director Medical Delhi ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract

12 The bidder should read carefully the terms and conditions and should quote only if he fulfills conditions laid down in terms amp conditions of the Rate Contract and for which they have valid authorization on the date of the tender supported by documentary evidence

13 The bidder should quoteoffer one discount for each item SrNo without any variation for different areas or any escalation clause Discount offered should be given both in words and in figures

14 If the bidder quotes NILZERO discount in price bid for the quoted item the bid of the firm for that particular item shall be treated as unresponsive and shall not be considered

2 Validity of Bids The quotations shall remain open for acceptance for 180 days (One Hundred eighty days) from the date of opening of tenders If required this office may ask for extension of validity of bid for a reasonable period On failure to do so bidder may have to forfeit the bid security (earnest money deposit)

3 Eligibility Criteria for Bidders Firms to be eligible should fulfill the following conditions- 31 The Bidderfirm should be continuously in this business for the last three years 32 Bidder(s) participating in Tender must have annual turnover of Rs30000000- (Rupees Three crore) or above during last three consecutive Financial years (ie2014-152015-16 and 2016-17) in the same field 33 Bidder(s) participating in Tender should not be blacklistedderegistered and should not have been Blacklistedderegistered by any other Govt institution Organization during the last three years for supplying sub- standard medicinesOther items or on any other grounds 34 Bidder(s) participating in Tender should not have been convicted by any court of law in any matter related to supplying sub- standard medicinesOther items or on any other grounds 35 Family members of officersofficials working in ESICRetired from ESIC can take part in this tender enquiry subject to submission of declaration in this regard 36 Bidder(s) participating in Tender should not be convicted in an offence under the prevention of Corruption Act1988 37 Bidder(s) participating in Tender 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 38 Bidder(s) participating in Tender must have valid retail license issued by Drug Controller Authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories

Page 10 of 30

39 Bidder(s) participating in Tender must submit ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (three) years 4 Bid Security (Earnest Money Deposit) 41 The tenderer shall have to deposit Bid securityEarnest Money of Rs1000000-(Ten lakh) either through Bankerrsquos cheque or Demand Draft only in favour of ESIC fund Account No1 Payable at New Delhi failing which the tender is liable to be rejected out rightly Scanned copy of the same to be uploaded 42 In the event of withdrawalrevocation or submission of false informationdocument of tender before the date specified for acceptance the Earnest Money shall stand forfeited 43 The EMD deposited with earlier tenders will not be adjusted against this tender Tenders without EMD will not be entertained 44 ESI Corporation will not pay any interest on Earnest Money Deposit which would stand credited to the ESI Corporation Account 45 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract 46 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender 5 Performance Security 51 Director (Medical)Delhi ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects 52 In case selected performance security of Rs 2500000-(Rupees Twenty Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi ESI Corporation within the stipulated period as and when informed 53 Performance security of the contractor will be forfeited if the contractor withdraws or amends without prior consent or impairs or derogates from the tender in any respect within the period of validity of rate contract or if it comes to notice that information documents furnished are incorrect false misleading or forged without prejudice to other right of the purchaser 54 The performance security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period) 55 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract 6 Acceptance of the Tender 61 Director (Medical) Delhi does not pledge himself to accept the highest discount offered by any bidder and reserves the right of acceptingrejecting the whole or any part of the tender without assigning any reason 62 Offer of Acceptance by the purchaser will be communicated by a letter after completion of formalities required for the formal acceptance of tender amp will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately 63 The bidder whose tender is accepted will then send Contract Form in the prescribed format (as per performa communicated by Director (Medical) Delhi ESI Corporation on a notarized stamp

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 6: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 6 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

I Instruction to Bidders 1 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

documents connected with the bidding process 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 partnershipagreement or a power of attorney

iii) Constituted Attorney of the firm if it is a company NB 11 In case of (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 affidavit on stamped paper of all the partners admitting execution of the partnership of the general power of attorney should be furnished

12 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 documents must be signed by every partner of the firm

13 A person signing the documents in the bidding process 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 14 Each and every page of the document uploadedsubmitted in the bidding process should be signed and stamped by the authorized signatory of the firm

2 The tender will be rejected if- (a) A firm submits conditional tender (b) No below desired discount are quoted in commercial bid separately for Branded and

Generic itemsrdquo (c) All the documents uploadedsubmitted are not complete (d) Providing incorrectfalse information

3 Bid should submit as follows 31 Technical bid 311 Technical bid (Hard copy) should also be submitted as A single sealed envelope superscribed with the e- Tender DMU-1655 RC Local Chemist 2017CS for day to day supply of Drugs (Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores Central Stores Tilak Vihar New Delhindash110018 on or before 1100 AM on 04042018 Containing- (i) Original Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) as EMD in Favour of ESIC Fund Account No1 payable at New Delhi (EMD Cover) (ii) Affidavits as per clause 1 of Tender document

Page 7 of 30

32 Technical bid online should contain scanned copies of following documents- 321 Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) submitted as EMD 322 Affidavits as per clause 1 of Tender document 323 Covering letter clearly indicating the list of enclosures 324 GST registration certificate 325 Valid retail license issued by Drug Controller Authority of the state for running the chemist shop for categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories 326 ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017 327 Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order(DPCO) against the firm during the last 03 (Three)years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority 328 The tenderer should give a declaration that heshe has not been blacklisted debarred by any organization during the last 03 (Three) years 329 Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie 2014-2015 2015-16 and 2016-17) duly audited by Chartered Accountant 3210 Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A 3211 Mandate form as per Annexure-B 3212 Highest Discount Certificate as per Annexure-D 3213 Undertaking as per Annexure-E 3214 Undertaking as per Annexure-F (if applicable) 4 Price Bid- Online 41 Price bid for discount on Branded and Generic items as per table-I of Annexure-P 42 Price should be filled online Online Price Bid of only those bidders who are found technically eligible will be opened 5 Pre-bid meeting 51 In order to clarify doubts of the prospective bidders if any a Pre-bid meeting will be held at Conference hall Directorate (Medical) Delhi Tilak Vihar New Delhi ndash 110018 at 1100 AM on 20032018 52 The objectives of this Pre-bid meeting inter alia are to answer the clarificationsquestions queries 6 Withdrawal of tenders along with the earnest money will be allowed before the date of opening of tenders 61 After opening of tenders - 611 Withdrawal of the complete tender can be allowed but in such cases the earnest money shall be forfeited in full 612 No changealteration in rate or other terms in the tender will be permitted under any circumstances

Page 8 of 30

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

7 Director (Medical) Delhi reserves the right to accept or reject any or all the tenders at any stage without assigning any reason thereof Director(Medical)Delhi

Page 9 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

II Terms and Condition of Contract

1 This rate enquiry is for the purpose of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at Delhi New Delhi NOIDA and Greater NOIDA

11 The discount quoted and accepted by the Director Medical Delhi ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract

12 The bidder should read carefully the terms and conditions and should quote only if he fulfills conditions laid down in terms amp conditions of the Rate Contract and for which they have valid authorization on the date of the tender supported by documentary evidence

13 The bidder should quoteoffer one discount for each item SrNo without any variation for different areas or any escalation clause Discount offered should be given both in words and in figures

14 If the bidder quotes NILZERO discount in price bid for the quoted item the bid of the firm for that particular item shall be treated as unresponsive and shall not be considered

2 Validity of Bids The quotations shall remain open for acceptance for 180 days (One Hundred eighty days) from the date of opening of tenders If required this office may ask for extension of validity of bid for a reasonable period On failure to do so bidder may have to forfeit the bid security (earnest money deposit)

3 Eligibility Criteria for Bidders Firms to be eligible should fulfill the following conditions- 31 The Bidderfirm should be continuously in this business for the last three years 32 Bidder(s) participating in Tender must have annual turnover of Rs30000000- (Rupees Three crore) or above during last three consecutive Financial years (ie2014-152015-16 and 2016-17) in the same field 33 Bidder(s) participating in Tender should not be blacklistedderegistered and should not have been Blacklistedderegistered by any other Govt institution Organization during the last three years for supplying sub- standard medicinesOther items or on any other grounds 34 Bidder(s) participating in Tender should not have been convicted by any court of law in any matter related to supplying sub- standard medicinesOther items or on any other grounds 35 Family members of officersofficials working in ESICRetired from ESIC can take part in this tender enquiry subject to submission of declaration in this regard 36 Bidder(s) participating in Tender should not be convicted in an offence under the prevention of Corruption Act1988 37 Bidder(s) participating in Tender 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 38 Bidder(s) participating in Tender must have valid retail license issued by Drug Controller Authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories

Page 10 of 30

39 Bidder(s) participating in Tender must submit ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (three) years 4 Bid Security (Earnest Money Deposit) 41 The tenderer shall have to deposit Bid securityEarnest Money of Rs1000000-(Ten lakh) either through Bankerrsquos cheque or Demand Draft only in favour of ESIC fund Account No1 Payable at New Delhi failing which the tender is liable to be rejected out rightly Scanned copy of the same to be uploaded 42 In the event of withdrawalrevocation or submission of false informationdocument of tender before the date specified for acceptance the Earnest Money shall stand forfeited 43 The EMD deposited with earlier tenders will not be adjusted against this tender Tenders without EMD will not be entertained 44 ESI Corporation will not pay any interest on Earnest Money Deposit which would stand credited to the ESI Corporation Account 45 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract 46 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender 5 Performance Security 51 Director (Medical)Delhi ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects 52 In case selected performance security of Rs 2500000-(Rupees Twenty Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi ESI Corporation within the stipulated period as and when informed 53 Performance security of the contractor will be forfeited if the contractor withdraws or amends without prior consent or impairs or derogates from the tender in any respect within the period of validity of rate contract or if it comes to notice that information documents furnished are incorrect false misleading or forged without prejudice to other right of the purchaser 54 The performance security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period) 55 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract 6 Acceptance of the Tender 61 Director (Medical) Delhi does not pledge himself to accept the highest discount offered by any bidder and reserves the right of acceptingrejecting the whole or any part of the tender without assigning any reason 62 Offer of Acceptance by the purchaser will be communicated by a letter after completion of formalities required for the formal acceptance of tender amp will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately 63 The bidder whose tender is accepted will then send Contract Form in the prescribed format (as per performa communicated by Director (Medical) Delhi ESI Corporation on a notarized stamp

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 7: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 7 of 30

32 Technical bid online should contain scanned copies of following documents- 321 Demand DraftBankerrsquos Cheque of Rs-1000000-(Rupees Ten Lakh) submitted as EMD 322 Affidavits as per clause 1 of Tender document 323 Covering letter clearly indicating the list of enclosures 324 GST registration certificate 325 Valid retail license issued by Drug Controller Authority of the state for running the chemist shop for categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories 326 ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017 327 Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order(DPCO) against the firm during the last 03 (Three)years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority 328 The tenderer should give a declaration that heshe has not been blacklisted debarred by any organization during the last 03 (Three) years 329 Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie 2014-2015 2015-16 and 2016-17) duly audited by Chartered Accountant 3210 Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A 3211 Mandate form as per Annexure-B 3212 Highest Discount Certificate as per Annexure-D 3213 Undertaking as per Annexure-E 3214 Undertaking as per Annexure-F (if applicable) 4 Price Bid- Online 41 Price bid for discount on Branded and Generic items as per table-I of Annexure-P 42 Price should be filled online Online Price Bid of only those bidders who are found technically eligible will be opened 5 Pre-bid meeting 51 In order to clarify doubts of the prospective bidders if any a Pre-bid meeting will be held at Conference hall Directorate (Medical) Delhi Tilak Vihar New Delhi ndash 110018 at 1100 AM on 20032018 52 The objectives of this Pre-bid meeting inter alia are to answer the clarificationsquestions queries 6 Withdrawal of tenders along with the earnest money will be allowed before the date of opening of tenders 61 After opening of tenders - 611 Withdrawal of the complete tender can be allowed but in such cases the earnest money shall be forfeited in full 612 No changealteration in rate or other terms in the tender will be permitted under any circumstances

Page 8 of 30

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

7 Director (Medical) Delhi reserves the right to accept or reject any or all the tenders at any stage without assigning any reason thereof Director(Medical)Delhi

Page 9 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

II Terms and Condition of Contract

1 This rate enquiry is for the purpose of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at Delhi New Delhi NOIDA and Greater NOIDA

11 The discount quoted and accepted by the Director Medical Delhi ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract

12 The bidder should read carefully the terms and conditions and should quote only if he fulfills conditions laid down in terms amp conditions of the Rate Contract and for which they have valid authorization on the date of the tender supported by documentary evidence

13 The bidder should quoteoffer one discount for each item SrNo without any variation for different areas or any escalation clause Discount offered should be given both in words and in figures

14 If the bidder quotes NILZERO discount in price bid for the quoted item the bid of the firm for that particular item shall be treated as unresponsive and shall not be considered

2 Validity of Bids The quotations shall remain open for acceptance for 180 days (One Hundred eighty days) from the date of opening of tenders If required this office may ask for extension of validity of bid for a reasonable period On failure to do so bidder may have to forfeit the bid security (earnest money deposit)

3 Eligibility Criteria for Bidders Firms to be eligible should fulfill the following conditions- 31 The Bidderfirm should be continuously in this business for the last three years 32 Bidder(s) participating in Tender must have annual turnover of Rs30000000- (Rupees Three crore) or above during last three consecutive Financial years (ie2014-152015-16 and 2016-17) in the same field 33 Bidder(s) participating in Tender should not be blacklistedderegistered and should not have been Blacklistedderegistered by any other Govt institution Organization during the last three years for supplying sub- standard medicinesOther items or on any other grounds 34 Bidder(s) participating in Tender should not have been convicted by any court of law in any matter related to supplying sub- standard medicinesOther items or on any other grounds 35 Family members of officersofficials working in ESICRetired from ESIC can take part in this tender enquiry subject to submission of declaration in this regard 36 Bidder(s) participating in Tender should not be convicted in an offence under the prevention of Corruption Act1988 37 Bidder(s) participating in Tender 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 38 Bidder(s) participating in Tender must have valid retail license issued by Drug Controller Authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories

Page 10 of 30

39 Bidder(s) participating in Tender must submit ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (three) years 4 Bid Security (Earnest Money Deposit) 41 The tenderer shall have to deposit Bid securityEarnest Money of Rs1000000-(Ten lakh) either through Bankerrsquos cheque or Demand Draft only in favour of ESIC fund Account No1 Payable at New Delhi failing which the tender is liable to be rejected out rightly Scanned copy of the same to be uploaded 42 In the event of withdrawalrevocation or submission of false informationdocument of tender before the date specified for acceptance the Earnest Money shall stand forfeited 43 The EMD deposited with earlier tenders will not be adjusted against this tender Tenders without EMD will not be entertained 44 ESI Corporation will not pay any interest on Earnest Money Deposit which would stand credited to the ESI Corporation Account 45 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract 46 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender 5 Performance Security 51 Director (Medical)Delhi ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects 52 In case selected performance security of Rs 2500000-(Rupees Twenty Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi ESI Corporation within the stipulated period as and when informed 53 Performance security of the contractor will be forfeited if the contractor withdraws or amends without prior consent or impairs or derogates from the tender in any respect within the period of validity of rate contract or if it comes to notice that information documents furnished are incorrect false misleading or forged without prejudice to other right of the purchaser 54 The performance security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period) 55 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract 6 Acceptance of the Tender 61 Director (Medical) Delhi does not pledge himself to accept the highest discount offered by any bidder and reserves the right of acceptingrejecting the whole or any part of the tender without assigning any reason 62 Offer of Acceptance by the purchaser will be communicated by a letter after completion of formalities required for the formal acceptance of tender amp will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately 63 The bidder whose tender is accepted will then send Contract Form in the prescribed format (as per performa communicated by Director (Medical) Delhi ESI Corporation on a notarized stamp

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 8: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 8 of 30

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

7 Director (Medical) Delhi reserves the right to accept or reject any or all the tenders at any stage without assigning any reason thereof Director(Medical)Delhi

Page 9 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

II Terms and Condition of Contract

1 This rate enquiry is for the purpose of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at Delhi New Delhi NOIDA and Greater NOIDA

11 The discount quoted and accepted by the Director Medical Delhi ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract

12 The bidder should read carefully the terms and conditions and should quote only if he fulfills conditions laid down in terms amp conditions of the Rate Contract and for which they have valid authorization on the date of the tender supported by documentary evidence

13 The bidder should quoteoffer one discount for each item SrNo without any variation for different areas or any escalation clause Discount offered should be given both in words and in figures

14 If the bidder quotes NILZERO discount in price bid for the quoted item the bid of the firm for that particular item shall be treated as unresponsive and shall not be considered

2 Validity of Bids The quotations shall remain open for acceptance for 180 days (One Hundred eighty days) from the date of opening of tenders If required this office may ask for extension of validity of bid for a reasonable period On failure to do so bidder may have to forfeit the bid security (earnest money deposit)

3 Eligibility Criteria for Bidders Firms to be eligible should fulfill the following conditions- 31 The Bidderfirm should be continuously in this business for the last three years 32 Bidder(s) participating in Tender must have annual turnover of Rs30000000- (Rupees Three crore) or above during last three consecutive Financial years (ie2014-152015-16 and 2016-17) in the same field 33 Bidder(s) participating in Tender should not be blacklistedderegistered and should not have been Blacklistedderegistered by any other Govt institution Organization during the last three years for supplying sub- standard medicinesOther items or on any other grounds 34 Bidder(s) participating in Tender should not have been convicted by any court of law in any matter related to supplying sub- standard medicinesOther items or on any other grounds 35 Family members of officersofficials working in ESICRetired from ESIC can take part in this tender enquiry subject to submission of declaration in this regard 36 Bidder(s) participating in Tender should not be convicted in an offence under the prevention of Corruption Act1988 37 Bidder(s) participating in Tender 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 38 Bidder(s) participating in Tender must have valid retail license issued by Drug Controller Authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories

Page 10 of 30

39 Bidder(s) participating in Tender must submit ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (three) years 4 Bid Security (Earnest Money Deposit) 41 The tenderer shall have to deposit Bid securityEarnest Money of Rs1000000-(Ten lakh) either through Bankerrsquos cheque or Demand Draft only in favour of ESIC fund Account No1 Payable at New Delhi failing which the tender is liable to be rejected out rightly Scanned copy of the same to be uploaded 42 In the event of withdrawalrevocation or submission of false informationdocument of tender before the date specified for acceptance the Earnest Money shall stand forfeited 43 The EMD deposited with earlier tenders will not be adjusted against this tender Tenders without EMD will not be entertained 44 ESI Corporation will not pay any interest on Earnest Money Deposit which would stand credited to the ESI Corporation Account 45 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract 46 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender 5 Performance Security 51 Director (Medical)Delhi ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects 52 In case selected performance security of Rs 2500000-(Rupees Twenty Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi ESI Corporation within the stipulated period as and when informed 53 Performance security of the contractor will be forfeited if the contractor withdraws or amends without prior consent or impairs or derogates from the tender in any respect within the period of validity of rate contract or if it comes to notice that information documents furnished are incorrect false misleading or forged without prejudice to other right of the purchaser 54 The performance security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period) 55 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract 6 Acceptance of the Tender 61 Director (Medical) Delhi does not pledge himself to accept the highest discount offered by any bidder and reserves the right of acceptingrejecting the whole or any part of the tender without assigning any reason 62 Offer of Acceptance by the purchaser will be communicated by a letter after completion of formalities required for the formal acceptance of tender amp will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately 63 The bidder whose tender is accepted will then send Contract Form in the prescribed format (as per performa communicated by Director (Medical) Delhi ESI Corporation on a notarized stamp

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 9: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 9 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

II Terms and Condition of Contract

1 This rate enquiry is for the purpose of Empanelment of Authorized Local Chemist for day to day supply of Drugs(Allopathic) amp Dressings and Consumables for the ESI Dispensaries Hospitals located at Delhi New Delhi NOIDA and Greater NOIDA

11 The discount quoted and accepted by the Director Medical Delhi ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract

12 The bidder should read carefully the terms and conditions and should quote only if he fulfills conditions laid down in terms amp conditions of the Rate Contract and for which they have valid authorization on the date of the tender supported by documentary evidence

13 The bidder should quoteoffer one discount for each item SrNo without any variation for different areas or any escalation clause Discount offered should be given both in words and in figures

14 If the bidder quotes NILZERO discount in price bid for the quoted item the bid of the firm for that particular item shall be treated as unresponsive and shall not be considered

2 Validity of Bids The quotations shall remain open for acceptance for 180 days (One Hundred eighty days) from the date of opening of tenders If required this office may ask for extension of validity of bid for a reasonable period On failure to do so bidder may have to forfeit the bid security (earnest money deposit)

3 Eligibility Criteria for Bidders Firms to be eligible should fulfill the following conditions- 31 The Bidderfirm should be continuously in this business for the last three years 32 Bidder(s) participating in Tender must have annual turnover of Rs30000000- (Rupees Three crore) or above during last three consecutive Financial years (ie2014-152015-16 and 2016-17) in the same field 33 Bidder(s) participating in Tender should not be blacklistedderegistered and should not have been Blacklistedderegistered by any other Govt institution Organization during the last three years for supplying sub- standard medicinesOther items or on any other grounds 34 Bidder(s) participating in Tender should not have been convicted by any court of law in any matter related to supplying sub- standard medicinesOther items or on any other grounds 35 Family members of officersofficials working in ESICRetired from ESIC can take part in this tender enquiry subject to submission of declaration in this regard 36 Bidder(s) participating in Tender should not be convicted in an offence under the prevention of Corruption Act1988 37 Bidder(s) participating in Tender 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 38 Bidder(s) participating in Tender must have valid retail license issued by Drug Controller Authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940 as on the date of bid opening above for various categories

Page 10 of 30

39 Bidder(s) participating in Tender must submit ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (three) years 4 Bid Security (Earnest Money Deposit) 41 The tenderer shall have to deposit Bid securityEarnest Money of Rs1000000-(Ten lakh) either through Bankerrsquos cheque or Demand Draft only in favour of ESIC fund Account No1 Payable at New Delhi failing which the tender is liable to be rejected out rightly Scanned copy of the same to be uploaded 42 In the event of withdrawalrevocation or submission of false informationdocument of tender before the date specified for acceptance the Earnest Money shall stand forfeited 43 The EMD deposited with earlier tenders will not be adjusted against this tender Tenders without EMD will not be entertained 44 ESI Corporation will not pay any interest on Earnest Money Deposit which would stand credited to the ESI Corporation Account 45 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract 46 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender 5 Performance Security 51 Director (Medical)Delhi ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects 52 In case selected performance security of Rs 2500000-(Rupees Twenty Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi ESI Corporation within the stipulated period as and when informed 53 Performance security of the contractor will be forfeited if the contractor withdraws or amends without prior consent or impairs or derogates from the tender in any respect within the period of validity of rate contract or if it comes to notice that information documents furnished are incorrect false misleading or forged without prejudice to other right of the purchaser 54 The performance security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period) 55 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract 6 Acceptance of the Tender 61 Director (Medical) Delhi does not pledge himself to accept the highest discount offered by any bidder and reserves the right of acceptingrejecting the whole or any part of the tender without assigning any reason 62 Offer of Acceptance by the purchaser will be communicated by a letter after completion of formalities required for the formal acceptance of tender amp will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately 63 The bidder whose tender is accepted will then send Contract Form in the prescribed format (as per performa communicated by Director (Medical) Delhi ESI Corporation on a notarized stamp

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 10: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 10 of 30

39 Bidder(s) participating in Tender must submit ldquoNo Conviction Certificaterdquo attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (three) years 4 Bid Security (Earnest Money Deposit) 41 The tenderer shall have to deposit Bid securityEarnest Money of Rs1000000-(Ten lakh) either through Bankerrsquos cheque or Demand Draft only in favour of ESIC fund Account No1 Payable at New Delhi failing which the tender is liable to be rejected out rightly Scanned copy of the same to be uploaded 42 In the event of withdrawalrevocation or submission of false informationdocument of tender before the date specified for acceptance the Earnest Money shall stand forfeited 43 The EMD deposited with earlier tenders will not be adjusted against this tender Tenders without EMD will not be entertained 44 ESI Corporation will not pay any interest on Earnest Money Deposit which would stand credited to the ESI Corporation Account 45 EMD of unsuccessful tenderer (s) will be returned without any interest after the finalization of contract 46 EMD of successful tenderer will be returned without any interest after deposition of requisite Security Deposit after finalization of tender 5 Performance Security 51 Director (Medical)Delhi ESI Corporation may at his discretion call upon the successful bidders to deposit a sum as a security for the due performance of the agreement in all respects 52 In case selected performance security of Rs 2500000-(Rupees Twenty Five lakh only) in the form of Bank Guarantee issued by any Nationalized Bank will have to be deposited in the prescribed format in favor of Director (Medical) Delhi ESI Corporation within the stipulated period as and when informed 53 Performance security of the contractor will be forfeited if the contractor withdraws or amends without prior consent or impairs or derogates from the tender in any respect within the period of validity of rate contract or if it comes to notice that information documents furnished are incorrect false misleading or forged without prejudice to other right of the purchaser 54 The performance security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period) 55 Performance Security deposit of successful tenderer will be returned without any interest on receipt of satisfactory performance report from user departments after the expiry of rate contract 6 Acceptance of the Tender 61 Director (Medical) Delhi does not pledge himself to accept the highest discount offered by any bidder and reserves the right of acceptingrejecting the whole or any part of the tender without assigning any reason 62 Offer of Acceptance by the purchaser will be communicated by a letter after completion of formalities required for the formal acceptance of tender amp will be forwarded to tenderer as soon as possible and the instruction contained in the communication should be acted upon immediately 63 The bidder whose tender is accepted will then send Contract Form in the prescribed format (as per performa communicated by Director (Medical) Delhi ESI Corporation on a notarized stamp

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 11: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 11 of 30

paper of Rs100- to Director (Medical) Delhi ESI Corporation conveying his agreement and acceptance of the terms and conditions as part of Memorandum of understanding(MOU) The acceptance of this letter by Director (Medical) Delhi ESI Corporation will conclude the contract and will be enforceable in law 64 Letter of acceptance of highest discount shall be taken from all technically qualified bidders before the allocation of units by Director(Medical)Delhi The decision of Director(Medical)Delhi in this regard shall be final and binding 65 The premises of the bidder can be inspected by a team of officers nominated by Director (Medical) Delhi for physical verification of a) location of shop b) Verification of Original Documents and c) availability of cold chain (refrigerator and power back up system etc) at any time during the whole tendering process as well as during the whole period of contract In case the team is not satisfied with the veracity of the claim of the bidder and if it is found that statutory requirements are not complied with the contract may be cancelled even after the award also The decision of Director(Medical)Delhi will be final in this regard

7 The Director (Medial) Delhi Employees State Insurance Corporation New Delhi reserves the right to reject any or all offers including the highest discount offer at any stage without assigning any reasons whatsoever

8 Director (Medical) Delhi reserves the right to appoint any number of Local chemists separately for different areas of DelhiNew Delhi Noida Director (Medical) Delhi also reserves the right to allocatereallocate the dispensarieshospitals existing now under the ESIC or that may be set up during the period of the contract

9 Director (Medical) Delhi or its authorized heads reserves the right to decide which Local chemists shall normally serve which dispensaryhospital Without prejudice to this any emergency purchase can be preferred from any of the Local Chemist irrespective of such allotment of dispensaries and Hospitals to each Local chemist for purchase of normal supplies The decision of D(M)D shall be final and binding on all Empaneled Chemists and they will submit an undertaking to this effect that they will not represent against the decision of D(M)D in any forum

10 Firms debarred by the ESI Corporation for participation in ESI Rate Contract will not be considered for award of Rate Contract till the period of debarring and need not apply

11 Non submission of any desired information in e-Tender will make the bidder Non-Qualified for the said e- Tender

12 Not following all the terms amp conditions of e-Tender Enquiry furnishing wrong information and false documents will make the tenderer ineligible and liable to be debarred blacklisted from participation in future ESIC Rate Contracts for two years along with forfeiting the earnest moneyPerformance Security 13 The past performance of the tenderer will be taken into consideration for award of a new contract

14 Tenderer 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 15 In case of any attempt of cartelization by bidder(s) with a view to hike up the prices and or influencepressurize the buyer in any manner with regard to preparation of Rate Contract or any other procedure related to procurement thereafter bid(s) of said bidder(s) may be rejected and the bidder(s) may be blacklisted for a minimum period of Two yearsany other action deemed fit by Competent authority may be taken 16 The Bidder if selected will have to supply Drugs (Allopathic) amp Dressings and Consumables directly to the unit(s) allotted

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 12: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 12 of 30

17 After the finalization of Rate contract by the Director (Medical) Delhi ESI Corporation indents for supply will be placed to empaneled chemist by the Medical SuperintendentsHeads of ESI Corporation run hospitalsHeads of ESI scheme as per Schedule attached who for the purpose of this Rate Contract shall be designated as Direct Demanding Officer and will exercise the powers of Director Medical Delhi ESI Corporation in all in all matters connected with the execution of supplies andor wherever specifically provided in the terms and conditions of the Rate Contract The Direct Demanding Officer can also designate any of his subordinate Officer as Direct Demanding Officer (DDO) to operate this contract The empaneled chemist shall make necessary arrangement for generating online indent and acceptance of supplies by the unit within six month of award of contract 18 Indents 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)

19 No guarantee can be given as to the minimum quantity which will be drawn against this contract but the contractor will supply quantity as may be ordered by the Direct Demanding Officers during the currency of the contract 20 Price Offer 201 The quoted offer should include all taxes including GST surcharge and other taxes as stipulated in the schedule and no packing and delivery charges will be given separately 202 The highest discount offered for Branded medicines on Maximum Retail Price (MRP)(inclusive of all taxes) and Generic medicine on Maximum Retail Price(MRP)(inclusive of all taxes) in the Bid by eligible bidders will become the ESIC discount for Branded medicine and Generic medicine amp shall be intimated to all the technically approved tenderers by a letter of offer This offer should be accepted by the tenderer to be able to qualify further in tender process 203 If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment 204 D(M)D reserves the right to accept any discount other than the highest discount in case the Competent Authority identifies an attempt of cartelization or monopolization by one or more tenderers The same will apply in case the highest discount quoting firm and counter-offer accepting firms isare found to be incapable of making satisfactory supplies (as deduced from annual turnover of the firm and the number of dispensaries and hospitals to be allotted) 21 Price bid of only those bidders who are found responsive in the technical bid will be opened 22 The acceptance of tender will normally be on the basis of maximum discount offered by the local Chemist on MRP ie Maximum Retail Price which is printed on the packingflaps bottles The Chemist will be paid on MRP minus discount and no GSTOther Tax Octroi or any other levytax will be paid separately which has to be borne by the Chemist Tampering on the printed MRP of the manufacturer by the local chemist by use of stickers or any other means will not be accepted 23 Separate discounts should be quoted for generic amp branded drugs Minimum discount offered on Branded Medicines should not be less than 20 on MRP and Minimum discount offered on Generic Medicines should not be less than 60 on MRP Tenderer must quote their offers both for generic amp branded drugs otherwise their offer will not be accepted and their tender will be rejected out rightly The maximum Discount offered by the individual bidder (A total of discount of Branded drugs and Generic Drugs) will be the basis for consideration of award of contract empanelment and counter offer will be given to other bidder for acceptance

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 13: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 13 of 30

24 Items like Bandage Gauze Cotton Disposable Syringe sticking plaster etc will be treated as generic and discount will be applied accordingly except imported surgical consumables which will be treated as Branded and discount will be applied accordingly 25 Packing Supplies are required to be made in original packing of manufacturer and only in Available packing approximately nearest to the total quantity demanded for any particular medicinedrugs on any particular day by each dispensary for one or more patients unless otherwise stipulated 26 All containers are required to be secured with pilfer-proof seals to ensure genuineness of the products Packed 27 Life period(Shelf life) 271 The items supplied should be of latest batch (as quoted for Rate Contract) and date of manufacturing should be mentioned clearly on it 272 The shelf life of drugsitems supplied should not have passed more than half of shelf life from the date of manufacturing at the time of supply 28 Quality Controls a) If any storestores supplied against this Rate Contract are found to be not of standard quality on test analysis from approved laboratory and or on inspection by competent authority the contractor will be liable to replace the entire quantity or make full payment of entire consignment against the particular invoice irrespective of fact that part or whole of the supplied stores may have been consumed b) If the product is found to be ldquoNot of standard qualityldquo the cost of testing will be recovered from the supplier c) If the firm fails to replace the batch declared to be not of standard quality or fails to make payment in lieu of that the firm is liable to be debarred for two years in respect of the one or more or all the items in the Rate Contract of the Corporation d) If any due or payment that have arisen to the ESIC from the contractor the dues will be deducted either from EMD (during the processing of tender)incoming bill(s) of the firm or Performance security (during the currency of the contract) 29 The contractor should also give a guarantee that the product supplied having a particular life period to provide safeguard against losses on account of deterioration within their stated period of life The contractor seller hereby declare that the goodsstores articles sold to the buyer under this contract shall be of best quality and shall be strictly in accordance with the specifications and particulars contained mentioned in the description clauses hereof and the contractorseller hereby guarantees that the said goods storesarticles would continue to conforms to their description specification as stated in the contract and that notwithstanding the fact that the purchaser (inspector) may have inspected andor approved the said goods stores articles If the same be discovered not to conform to the description and quality aforesaid or have deteriorated the decision of the purchaser in that behalf will be final and conclusive The purchaser will be entitled to reject said goodsstoresarticles or such portion thereof as may be discovered not to conform to the said description and quality Such rejection of the goods articlesstores will be at the sellers risk and all the provisions herein contained relating to rejection of goods etc or such portion thereof if is rejected by the purchaser otherwise the contractor seller shall pay to the purchaser such damages as may arise by reason of the breach of conditions herein contained Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwiserdquo

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 14: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 14 of 30

30 The price charged for the stores supplied under the agreement or the rate quoted by him for supply of Medicines to the Corporation whichever is lower shall in no event exceed the lowest price at which the contractor 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 contractor 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 (Medical) Delhi ESI Corporation and chief Direct Demanding Officers and the price payable under the agreement for the stores supplied after the date of its coming into force will be the reduced price The approved price in Rate Contract shall stand correspondingly reduced 31 The discount must be quoted FOR Destination per unit as shown in the schedule annexed and should be inclusive of GST packing and forwarding 32 The purchaser will not pay separately for transit insurance and the contractor will be responsible for delivery of items covered by the supply order in good condition at the specified destination on time and for this purpose freight insurance octroi etc if any will have to be borne by the supplier

33(a) Delivery of supplies- The delivery of supplies will be made on SAME DAY as the collection of the Indents or at the latest by the next day without fail at the premises of the dispensaries hospitals indenting the supplies as directed On no account should there be delay or refusal by local chemist in which case the dispensarieshospitals would make alternative procurement at the Tendererrsquos risk and expense Normally price of generic medicines is less than the same branded medicine However if rate of any generic medicine is more than its branded counterpart the branded version will be supplied Tenderer will agree to do marking of all supplies with the stamp ldquo ESI SUPPLY NOT FOR SALErdquo 33(b)IMO In-Charge shall decide the nature of medicine supplied by the empanelled Chemist whether Branded or Generic and decision of the concerned IMO In-Charge shall be final 34 The successful bidders shall maintain stocks at the stationstations indicated by him and shall make deliveries against supply orders for such stocks as and when required 35 Collection of indent for supply 351 Indents on the basis of which supplies are to be made should be collected by the chemist or his representative every working day(Monday to Saturday) The chemist Chemists representative will sign in the Indent Issue Register in the main store of the dispensary Hospitals as proof of having attended the dispensaryHospital The time and place of collection of indent will be decided with the local chemist mutually by the IMO In-charge or any other person as may be approved from time to time 352 In case of urgent need Local chemist will supply the drugs to dispensarieshospitals on supplementary indent to the representative of dispensaryhospital who will deliver the indent and collect the medicines personally from the shop of Local Chemist 353 The IMO ICs of dispensaries Medical Superintendent of hospitals will fill all the four copies of the medicines cum indent form in single stroke and will retain one copy for office use and send three copies to local chemist who after filling the remaining required columns in the medicines cum indent form will return two copies along with medicines to the IMO IC of DispensariesMedical Superintendent of the Hospitals At the end of the fortnight Local Chemist will submit all the copies for payment to IMO ICMedical Superintendent along with summary of medicines cum indent form in a serially numbered printed invoice One copy will be retained by the Local Chemist for his office use

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 15: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 15 of 30

36 Presentation of Bill The Contractor shall present his bill for monthly supply within ten days of the closing of respective month 361 The bill shall be in the printed and serially numbered Invoices Credit bill with the name and address of the Chemist and GST Number printed thereon 362 The bill shall show the summary of the total amount for each day for the net amount claimed and supported by the acknowledged first copy of the indent with all the column duly filled in 363 The purchaser reserves the right to demand the original purchase invoice of the Local Chemist of the batches of generic and branded medicines supplied for verification of the Net Trade Price claimed by the contractor 37Payment- The Contractor shall claim payments once a Month Payments of the bills prescribed in complete forms and in time will normally be arranged in 6 to 8 weeks from the date of presentations However no claim shall be made by the contractor against the ESI Corporation in respect of interest or damage in case the payment is delayed for any reason beyond the control of ESI Corporation 38 Subletting of contract The Contractor shall not sublet transfer or assign the contract or any part thereof In the event of the contractor contravening this condition the Director(Medical) Delhi will be entitled to place the contract elsewhere on the contractors account at his risk and the contractor shall be liable for any loss or damage to the Director(Medical)Delhi may sustain in consequence of arising out of such replacing of the contract 39 Rate Revision Successful bidders shall not be entitled to any rate revision of price for any reason except that allowed by Government of India except downward revision 40 Recovery of sums due 401 Whenever any claim for the payment of a sum of money arises out of or under this contract against the contractor the purchaser shall be entitled to recover such sum by appropriating in part or whole the security deposited by the contractor if a security money is taken against the contract 402 In the event of the security money being insufficient then the balance or the total sum to be recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to contractor under this or any other contract with the purchaser 403 Should this sum not be sufficient to cover the full amount recoverable the contractor shall pay to the purchaser on demand the remaining balance due 404 Any dues or payments that have arisen to the corporation from the contractor for which no specific time limit has been laid down in the terms and conditions shall be payable by the contractor within such time limit as may be prescribed in the letterorder addressed to the contractors 41 Fraud amp Corruption 411 The bidder supplier contractor and the consultants observe the highest standard of ethics during the procurement amp execution of such contracts in pursuit of this 4111 Defines for the purposes of this provision the terms set forth below as follow- 41111 ldquoCorrupt Practicerdquo means the offering giving receiving or soliciting directly or Indirectly of anything of value to influence the action of public official in the

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 16: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 16 of 30

procurement process or in contract execution 41112 ldquoFraudulent Practicerdquo means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract 41113 ldquoCollusive Practicerdquo means a scheme or arrangement between two or more bidders with or without the knowledge of the purchaser designed to establish bid prices at artificial non -competitive levels 41114 ldquoCoercive Practicesrdquo means harming or threatening to harm directly or indirectly Person or their property to influence their participation in the procurement process or affix to execution of a contract 41115 Will reject a proposal for award if it determines that the bidder recommended

for award has directly or through an agent engaged in corrupt fraudulent collusive coercive practices in competing for the contract in question

42 Insolvency and Breach of Contract 421 The Director (Medical) DelhiMedical Superintendent may at any time by notice in writing summarily terminate the contract without Compensation to the contractor in any of the following contingencies that is to say- 4211 if the contractor being an individual or if firm any partner in the contractors firm shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act or 4212 If the contractor being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager or 4213 If the contractor commits any breach of this contract not herein specifically provided for in the tender document Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the contractor shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased 43 Arbitration 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 the sole arbitration of the Director (Medical) Delhi Employees State Insurance Corporation or some other person appointed by him There shall be no objection that the arbitrator is a Government Corporation servant and that he had to deal with matters to which contract relates or that in the course of his duties as Govt Corporation servant he had expressed views on all or any of the arbitration dispute or differences The award of the arbitrator shall be final and binding on the parties to this contract

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 17: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 17 of 30

It is term of this contract 431 If the arbitrator be the Director Medical Employees State Insurance Corporation

4311 In the event of his being transferred or vacating his office by resignation or otherwise It shall be lawful for his successor-in-office either to proceed with the reference himself or to appoint another person as arbitrator or

4312 In the event of his becoming unable to act for any reason it shall be lawful for the Director Medical Employees State Insurance Corporation to appoint another person as arbitrator

432 If the arbitrator be a person appointed by the Director Medical Employees State Insurance Corporation

4321 In the event of his delaying neglecting or refusing to act being unable to act for any reason it shall be lawful for the Director Medical ESIC either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator

433 It is further a terms of this contract that no person other than the Director Medical ESIC or the person appointed by him should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitrator at all 434 Upon every such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator 435 Subject as aforesaid the Arbitration Act 1940 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause 436 Work under the contract at 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 437 The venue of the arbitration shall be DelhiNew Delhi 438 In this clause the expression the Director Medical ESIC means the Director (Medical) Delhi ESIC for the time being and includes if there be no Director (Medical)Delhi of ESIC the officer who is for the time being the Administrative head of the Directorate(Medical)Delhi Employees State Insurance Corporation whether in addition or otherwise 439 For the purpose of the contract including proceedings thereunder the Director (Medical)Delhi ESIC shall be entitled to exercise all the rights and powers of the purchaser 4310 All the disputes relating to the Rate Contract shall be subject to the territorial jurisdiction of Delhi Courts 44 All the disputes relating to this tender enquiry and Rate Contract shall be subject to the territorial jurisdiction of Courts at DelhiNew Delhi only 45 Tenderer will be liable for cancellation of the contract for any misleading information found at any time during the currency of the contract 46 Validity of the Rate Contract is Two years from the date of finalization of the contract but incase of exigencies period can be extended further for a period of one year as desired by Director (Medical) Delhi In case of extreme exigencies the rate contract may further be extended for a period of one year more by mutual consent with both the parties 47 It may be noted that If the above instructions are not adhered to by the tenderer the quotation may summarily be rejected and the Corporation will not be liable to answer for the same

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 18: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 18 of 30

48 Force Majeure If at any time during the applicability of Rate Contract the bidder fails to discharge its Obligation due to force majeure(natural disaster or act of God etc) he will promptly notify the Director(Medical) Delhi or its representative about the happening of such an event The Director (Medical)Delhi or its representative is solely entitled to terminate the ordercontract in respect of such performance of the bidder(s) obligations if he so desires The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist 49 It may be noted that no correspondence shall be entertained between bidder and Director (Medical)Delhi till the tender is finalized However the bidder has to provide necessary information if called upon by Director(Medical)Delhi to do so at any stage 50 It may also be noted that the unsuccessful tenderer will not be informed of the result of his tender 51 It is the sole responsibility of the tenderer to submit the tender both Online amp Manually( as specified) All documents as listed above should be clear amp legible duly attested notarized properly indexed amp serially page numbered All documents should be duly signed digitally for online submission and manually for hard copy by the authorized signatory Copies to be uploaded and submitted online should be in proper resolution 52 Director(Medical)Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract with one or more chemist 53 Appointed chemist shall attend the meeting with Director(Medical)Delhi as and when called for 54 The above said instructions should be followed strictly failing which the tender will be summarily rejected 55 The tenderer who submits false forged or fabricated documents or conceals facts with intent to win over the tender EMDperformance security of such tenderer will be forfeited and firm will be liable for blacklisting in addition to legal action as deemed fit 56 The D(M)D reserves the right to cancel the awardcontract at any time during the currency of

contract without assigning any reason thereof

Director(Medical)Delhi

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 19: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 19 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure rdquoPrdquo

III PRICE BID

Table-I

1 2 3 4 5

Sr

No

Item

No

Item

name

Discount offered in figure (in ) Discount offered in words (in )

1 1 Branded

Medicine

2 2 Generic

Medicine

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 20: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 20 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

(ONLY TO BE FILLED BY THE SUCCESSFUL BIDDER AT THE TIME OF AWARD OF CONTRACT)

IVCONTRACT FORM AGREEMENT

(on stamp paper of Rs100-) BETWEEN DIRECTOR (MEDICAL) DELHI ESIC AND MS_____________________________________ This agreement is made on the th day of between the Director (Medical) Delhi ESI Corporation New Delhi having its office at ESI Dispensary Complex Tilak Vihar Near works department Opp Police Chowki New Delhi 110018(herein after called ESIC which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the First party AND MS_____________________________________________________________________________ Address__________________________________________________________________________ ________________________________________________________________________________

(herein after called the Authorized Empaneled Chemist as the second party to supply of Drugs (Allopathic)Dressings and Consumables at approved rates for a period of two years ( No Tax(OCTROI CSTGST or any other levies will be paid) (__________ ndash __________) unless short closed before that by Director (Medical) Delhi at his discretion on the following terms amp conditions 1 Second party will maintain sufficient stock of the Medicines at all times during the contract period for uninterrupted supply to user unit(s) 2 The second party shall ensure that supplies of Medicines as and when required to be made in original packing of manufacturer 3 The second party shall know that in case of failure or refusal by second party to supply the Medicines to the allotted unit(s) during the contract period the contract is liable to be cancelled at his risk and cost and any extra cost involved in arranging supplies from alternative source will be recovered from his subsequentpending billssecurity deposit Irregular suppliesfailure to fulfill the terms of contract may entail for closure of contract and for forfeit of Security Deposit 4 The second party shall abide by all the terms amp conditions mentioned in Tender documents of the Tender No- DMU-1655RC Local Chemist2017CS opened on __________

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 21: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 21 of 30

Signature of the 1st party Signature of second party his representative In the presence of In the presence of Signature of the witness Signature of the witness

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 22: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 22 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure- ldquo Ardquo

Undertaking of the firm (On Non-Judicial Stamp Paper of Rs100-)

From- Name of the firmCompany Address for correspondence

Telephone No

Working Fax No

E-mail address

Details of Person responsible for conduct of business

(Name Mobile No amp e-mail address)

To Director (Medical) Delhi Directorate (Medical) Delhi ESI Dispensary Complex Tilak Vihar New Delhi-110018 Sub Empanelment of Authorized Local Chemist for day to day supply of Drugs (Allopathic) Dressings and Consumables for the ESI Dispensaries Hospitals located at DelhiNew Delhi and NOIDAGreater NOIDA at the offered discount to Director (Medical) Delhi ESI Corporation for a period of two(02) years w e f date of finalization of Tender Sir IWeamare authorized signatories of Ms________________________ I we hereby undertake as follows-

1 Iwe hereby undertake to supply MedicinesDrugs(Allopathic) Dressings and Consumables to ESI dispensaries hospitals located in DelhiNew Delhi and NoidaGreater Noida as indicated in the Tender document or to such dispensarieshospitals you may specify in the acceptance of tender for a period of two(02) years from the date of signing of agreement at the rates quoted by meus and in the packing specified in the prescribed tender form which is submitted herewith according to the instructions and the terms and conditions The duration of the said contract may be extended on the same terms and conditions amp rates if the Director (Medical)Delhi so desires

2 IWe hereby undertake that IWe have understood the instructions to the tenders and conditions of contract in the schedule to the tender form and accept them

3 IWe hereby undertake that IWe amare fully aware of the nature of stores required and myour offer is to supply stores strictly in accordance with the requirements

4 IWe hereby undertake that IWe amare agree to arrange supplies in accordance with the Nomenclature specifications and packages given in the schedule to tenders 5 IWe a hereby undertake that IWe amare agree to arrange the supplies of life articles as

stipulated in the schedule to the tender 6 IWe hereby undertake that IWe amare agree that the supply of aforesaid and will comply with

the provisions of Drugs and Cosmetics Act 1940 and rules made hereunder

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 23: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 23 of 30

7 IWe hereby undertake that IWe amare agree to abide by the Terms amp conditions and the schedule of tender and also undertake not to represent against the decision of Director(Medical)Delhi to any authority inside or outside the ESI Corporation

8 IWe hereby undertake that IWe amare agree to abide that under any circumstances if my our license for executing business is cancelled suspended by any authority of State Govt my contract with ESI Corporation will be terminated automatically and my security will be forfeited

9 Iwe hereby undertake that the rates offered in percentage against each item by meus in the tender are inclusive of all taxes for FOR destination and inclusive of all packing charges freight charges and duties payable during the contract period

10 Iwe hereby undertake that Iwe have submit the necessary documents as required are enclosed herewith in the order in which they are mentioned

11 Iwe understand that security deposit submitted on entering into contract is likely to be forfeited in the event of lapse on myour part to comply with the terms and conditions of the tender and also on the supplyingitems of sub-standard quality or if proven to have followed unscrupulous practices apart from the liability of penal action for violating the law of the land 12 Iwe have carefully read and understood the terms and conditions to avoid any error omission Iwe shall abide by these conditions Iwe will follow them very scrupulously Any conditional acceptance shall make my tender liable for rejection 13 IWe hereby undertake that Myour firm is not blacklistedderegistered currently and has not been Blacklistedderegistered by any other Govt institution Organization during the last five years for supplying sub- standard medicinesOther items or on any other grounds IWe further

stated and undertake that IWe have not been convicted by any court of law in any matter related to supplying sub- standard MedicinesOther items or on any other grounds

14 IWe hereby undertake that Myour firm is not convicted in an offence under the prevention of Corruption Act1988 15 IWe hereby undertake that Myour firm is not 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 16 IWe hereby undertake that My firm have enough stock of Items to supply during the currency of the contract 17 Iwe also undertake cognizance of the fact that failure to furnish the information called for by the Director (Medical) Delhi or to comply with any requirements laid down under the conditions will be considered as disqualification and the tender by rejection on that account 18 Iwe hereby undertake to abide by the instructions issued by the Director (Medical) Delhi from time to time 19 Iwe hereby undertake that in case of my supply declared substandard by any approved agency Iwe amare liable for appropriate action 20 Iwe hereby undertake that the discount offered by meus are not lower than the discount quoted by meus to any Govt Institutionagency within Delhi New Delhi and Noida during the contract period 21 Iwe hereby undertake that if at any time during the currency of the contract Iwe reduce the sale price or sell or offer to sell such stores as are covered under the contract to any govt

organization in DelhiNew Delhi NOIDA at a price lower than the price chargeable under the contract Iwe shall forthwith notify such reduction or sale or offer of sale to Director(Medical) DelhiDirector(Medical) NOIDA Medical Superintendent and the price payable under the

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 24: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 24 of 30

contract for the store supplied after the date of coming into force of such deduction or sale or offer shall stand correspondingly reduced IWe further undertake that in case of any down- ward revision 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 two years along with forfeiting the Performance security

22 IWe hereby undertake that our firm company has experience of last three financial years for the item(s) quoted in e-Tender 23 IWe hereby undertake that IWe have Valid License for the items quoted in e-tender 24 Iwe hereby undertake to abide by the terms and conditions of the contract modified from time to time and Iwe have signed all the papers of terms and conditions 25 IWe hereby undertake that IWe have carefully perused the Terms and Conditions of the Rate Contract and accept the same 26 IWe hereby undertake that our firmcompany has successfully executed all the Rate Contract(s) Tender(s) awarded to myour firmcompany by Govt Organization(s)institution(s) during last three years ie wef April 2014 to March 2015 April 2015 to March 2016 April 2016 to March 2017 and till date 27 IWe hereby undertake that I have declared that myour family members isare working in ESI Corporation(if applicable) Annexure F 28 Iwe hereby undertake that if at any time any information is found to be false myour tender contract is liable to be rejected at any stage by Director(Medical)Delhi without assigning any reason 29 Iwe undertake that the decision regarding the allotment of DispensariesHospitals to each Local Chemist for purchase of supplies shall be final and will be binding to meus and Iwe shall not represent against the decision of D(M)D in any forum

Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory) Verification The undertaking given above is true to my knowledge and belief and signed in presence of me on th day of _________ month of the Year ________ (Signature of Notary with Full Name date and stamp)

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 25: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 25 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoBrdquo

Mandate form

Beneficiaryrsquos customerrsquos option to receive payment through e-payment

1 Beneficiary name

2 Beneficiary address

3 Beneficiary account no

4 Account type (SB Account

current account for cash credit)

with code 101113

5 9 digit code number of the Bank amp branch

appearing on the MICR cheque issued by

6 Bank name

7 Bank name Address Telephone no

8 IFSC (Indian financial service code)

9 Photocopy of cancelled cheque to confirm

correctness of IFSC code and account no

Given in C amp H

I hereby declare that the particulars given above are correct and complete If the transaction is delayed

or not effected at all for reason of incomplete or incorrect information given by me as above I would not

hold the user institution responsible

Dated ___________ (___________________________)

Signature of the beneficiarycustomer

Certified that the particulates furnished above are correct as per our records

Bankrsquos stamp

Date________________

(___________________________)

Signature of the authorizedofficial

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 26: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 26 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoCrdquo

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY

(At the time of award of contract)

To

Director (Medical) Delhi

ESI CORPORATION

WHEREAS____________________________________________(Name and address of the supplier)(Hereinafter called the supplier) has undertaken in pursuance of contract No DMU-1655 RC Local Chemist 2017CS Dated ________to supply Drugs(Allopathic) amp Dressings and Consumables (herein after called ldquoThe contractrdquo)

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a

bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as

security for compliance with obligations in accordance with the contract

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

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you on behalf of the

supplier up to a total of Rs2500000-(Twenty Five Lakh )and we undertake to pay you upon your first

written demand declaring the supplier to be in default under control and without cavil or argument any

sum or sums within the limits of (amount of guarantee)as aforesaid without your needing to prove or to

show grounds or reasons for your demand or the sum specified therein

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

with the demand

We further agree that no change or addition to or other modification of the terms of the contract to be

performed there under or of any of the contract documents which may be made between you and the

supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of

any such change addition or modification

This guarantee shall be valid up to 36 (Thirty Six) months from the date of award of Rate contract ie up

to __________________(indicate date)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Signature with date of the authorized officer of the bank)

helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

(Name amp designation of officer)

Seal Name amp Address of the bank and address of the branch

along with e-mail address of the issuing officer

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 27: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 27 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoDrdquo

Highest Discount Certificate

(On letter head of the firm)

We hereby undertake that discount offered by meus in the ESIC Rate Contract for day to day supply of Drugs (Allopathic) amp Dressings and Consumables are the highest discount rates offered to any Government organization Institution(for Branded and Generic Medicines) and no other Government organizationInstitution has been offered discount higher than those being offered herein We further undertake that in case there is any downward revision of prices 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 two years along with forfeiting the earnest moneysecurity deposit

For and behalf of the firm

(Firm Name amp Address)

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 28: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 28 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoErdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that

1 MyOur firm is in the business of Local trade of drugs for the last three consecutive years as on date of opening of the tender holding valid retail license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 as on the date of bid opening above for various categories The firm will further ensure that our licenses remain valid till the end of Contract

2 MyOur firm iswere neither penalized by any State Govt agency for any illegal activity nor my license issued by Drug control authority of the state for running the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp cosmetic act 1940 arewere suspendedcancelled OR my premises were sealed during the last three years

3 No case is pending against the Firm under the above mentioned Acts after the issuance of NO CONVICTION CERTIFICATE and till 30062017

4 The firm has not been blacklisted by any organization during the last three years 5 The firm has experience of supplying medicines(Allopathic) to CGHSESICDefensePSUsother

autonomous Government organizations for at least one year in the last three consecutive years

If above information is found incorrectfalse at any time the tender is liable to be rejected Yours faithfully

(Signature of tenderer with stamp) (Authorized Signatory)

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 29: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 29 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

Annexure ldquoFrdquo

UNDERTAKING

(On Non-Judicial Stamp Paper of Rs100-)

IWe undersigned is are authorized signatorysignatories of the firm Ms ________________________________________________________________________ Address ________________________________________________________________________ do hereby undertake that- 1 The following (name of the official post held and place of posting) is workingretired from ESI Corporation 2 In case of working of above official He is not a shareholderhaving partnership in the firm If above information is found incorrectfalse at any time during the processingcompletion of the tender

the bid of myour firm shall be liable to be rejected

(Signature of tenderer with stamp) (Authorized Signatory)

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)

Page 30: Page 1 of 30 · Delhi/New Delhi and NOIDA/Greater NOIDA duly completed and Addressed to Director (Medical)Delhi should be dropped in the tender box kept in office of Manager Stores,

Page 30 of 30

Name of the e-Tender DMU-1655 RC Local Chemist 2017CS

AnnexurerdquoGrdquo

CHECK LIST OF THE DOCUMENTS [ONLINEHARD COPY WHICHEVER APPLICABLE]

1) Hard Copy of Original Demand Draft Bankerrsquos Cheque of Rupees 1000000-(Rupees Ten Lakh) as EMD Scanned copy of EMD also to be uploaded in technical bid

2) Hard Copy of Affidavits as per clause 1 under Instruction to bidders Copy of EMD also to be uploaded in technical bid Scanned copy of Affidavits as per clause 1 also to be uploaded in technical bid

3) Scanned copy of Covering letter clearly indicating the list of enclosures 4) Scanned copy of GST registration certificate 5) Scanned copy of Valid retail license issued by Drug Controller Authority of the state for running

the chemist shop for various categories of Allopathic drugs as applicable under the provisions of Drug amp Cosmetic Act 1940

6) Scanned copy of No Conviction Certificate attested by a Gazetted officerPublic notary issued from State Drug Controller that there is no case pending under the Drugs and Cosmetic Act and Rules there under against the firm during the last 03 (Three)years ldquoNo convictionrdquo certificate must be issued after 30062017

7) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- that till date no case is pending against the firm under Drugs and Cosmetic Act and Rules there under as well as under Drug Price Control Order (DPCO) against the firm during the last 03 (three) years till 30062017The undertaking must be after the issuance of the ldquoNo Conviction Certificaterdquo from statutory authority

8) Scanned copy of the tenderer giving a declaration that heshe has not been blacklisteddebarred by any organization during the last 03 (three) years

9) Scanned copy of Financial report (Balance sheet profit amp loss account clearly indicating the turnover of Rupees Three Crore or above) of last three Financial years (ie2014-20152015-16 and 2016-17)duly audited by Chartered Accountant

10) Scanned copy of Undertaking on a Non Judicial Stamp paper of Rs 100- of the firm as per Annexure- A

11) Scanned copy of Mandate form as per Annexure-B 12) Scanned copy of Highest Discount Certificate as per Annexure-D 13) Scanned copy of Undertaking as per Annexure-E 14) Scanned copy of Undertaking as per Annexure-F(if applicable) 15) Price bid as per TABLE-I in Annexure-P (To be filled online) 16) Scanned copyHard Copy of any other document as required 17) Annexure C (Scanned Copy)