You are on page 1of 74

Issued to M/s.

_________________________________________

NOT TRANSFERABLE

Ref. No: 006/DRUGS/RE-TENDER/KMSCL/2009 DATED 16-10-2009

KERALA MEDICAL SERVICES CORPORATION LIMITED


(A Government of Kerala Undertaking)
Thiruvananthapuram.
Tele Fax:0471- 4015522 Phone:0471- 2337353
www.arogyakeralam.gov.in

RE-
RE-TENDER FOR THE SUPPLY
SUPPLY OF DRUGS AND
SUPPLIES TO KERALA MEDICAL
MEDICAL SERVICES
CORPORATION LIMITED

FOR THE PERIOD FROM 16-10-2009-31.03.2010

LAST DATE FOR RECEIPT OF TENDER: 06-11-2009 at 11.00 AM


CONTENTS

Sl. Descriptions Page No.


No.
1 Last Date for receipt of Tender 2

2 Eligibility Criteria 2

3 General Conditions 3

4 Technical Bid – Cover “A” 4

5 Price Bid – Cover “B” 6

6 Opening of Cover “A” and Cover “B” of Tender 8

7 Earnest Money Deposit 9

8 EMD Refund 9

9 Other Conditions 9

10 Acceptance of Tender 10

11 Security Deposit 11

12 Agreement 12

13 Supply Conditions 12

14 Logograms 14

15 Packing 15

16 Quality Testing, Quality Control Deduction and 15


Penalties
17 Payment Provisions 17

18 Deduction in Payments 18

20 Purchase Policy 19

21 Blacklisting Procedure 19

22 Saving Clause 19

23 Jurisdiction 19
24 Annexure-I (Sales Tax Clearance Certificate) 20

25 Annexure-II (Declaration Form) & Enclosure I & II 22-24

26 Annexure-III (Declaration Form) & Enclosure 25-33

27 Annexure III A (Undertaking) 34

28 Annexure-IV (Proforma for Performance Certificate) 35

29 Annexure-V (Annual Turnover Statement) 36

30 Annexure-VI (Details of required Drugs) 37-38

31 Annexure-VII (Packing Specification) 39-42

32 Annexure-VIII (Agreement) 43-52

33 Annexure-IX (Details of Manufacturing Unit) 53-54

34 Annexure-X (Procedure for Blacklisting) 55-57

35 Annexure-XI (Purchase Policy) 58-61

36 Annexure-XII (Check List) 62-63

37 Annexure-XIII (The Landed Price) 64-67

38 Annexure-XIV (Break up Details of Landed Price) 68


KERALA MEDICAL SERVICES CORPORATION LTD.,
THIRUVANANTHAPURAM, KERALA

INVITATION FOR BIDS (IFB)

Date : 16-10-2009
IFB No. : 006/DRUGS/RE-TENDER/KMSCL/2009

1. Kerala Medical Services Corporation Ltd. on behalf of Department of Health &


Family Welfare, Government of Kerala intends to procure the drugs and
supplies for the period upto 31-03-2010 listed in the bid document.
2. Interested bidders shall obtain further information and get the bid document
from the Office of the Managing Director, Kerala Medical Services Corporation
Ltd. The bid document may be obtained from the office between 11.00 AM and
5.00 PM on all working days either in person or by post. The bid document is
also available at the website www.arogyakeralam.gov.in

i. Date of commencement of sale


of tender document : 16-10-2009

ii. Last date for sale of Tender document : 05-11-2009 at 5.00 PM


iii. Last date and time for receipt of tender : 06-11-2009 at 11.00.A.M.
iv. Time and date of opening of tender : 06-11-2009 at 11.30.AM.
v. Place of opening of tender : Kerala Medical Services
Corporation Ltd.,
Thiruvananthapuram.

vi. Address for communication : Kerala Medical Services


Corporation Ltd., State
Health&Family Welfare
Institute Compound, Near W &
C Hospital, Thycaud,
Thiruvananthapuram.-14
Telefax : 0471- 4015522

3. The completed bid for submission of the tender is to be received at the office
of the Managing Director, Kerala Medical Services Corporation Ltd.,
Thiruvananthapuram.

4. In the event of the date specified for bid receipt and opening being declared as
a closed holiday for purchaser’s office, the due date for submission of bids and
opening of bids will be the following working day at the appointed times.

5. Cost of the Tender Document : Rs.5,625/- (Inclusive of Tax)

Sd/-
Dr.DINESH ARORA,IAS,
Managing Director,
Kerala Medical Services Corporation Ltd.,
Thiruvananthapuram.

1
KERALA MEDICAL SERVICES CORPORATION LIMITED

RE-TENDER FOR THE SUPPLY OF DRUGS AND SUPPLIES TO KERALA


MEDICAL SERVICES CORPORATION LIMITED FOR THE PERIOD FROM
16-10-2009-31.03.2010

The Managing Director, Kerala Medical Services Corporation Limited,


Thiruvananthapuram, (hereinafter referred as Tender Inviting Authority unless the
context otherwise requires) invites TENDER FOR THE SUPPLY OF DRUGS AND
SUPPLIES TO KERALA MEDICAL SERVICES CORPORATION LIMITED FOR THE
PERIOD FROM 16-10-2009-31.03.2010.

1. LAST DATE FOR RECEIPT OF TENDERS.

(a) Sealed Tenders [in two separate covers {Technical bid (Cover “A”) and
Price Bid (Cover “B”)}] will be received till 11.00.A.M. on 06.11.2009 by
the Managing Director, Kerala Medical Services Corporation Limited
(KMSCL), Trivandrum, for the supply of Drugs to Kerala Medical Services
Corporation Limited for the period from 16.10.2009 – 31.03.2010.

(b) The bid will be valid for a period of 90 days from the date of opening of
Cover B (Price Bid) and prior to the expiration of the bid validity the
Tender Inviting Authority may request the tenderer to extend the bid
validity for another period of 30 days. The tenderer may refuse extension
of bid validity without forfeiting the Earnest Money deposit.

2. ELIGIBILITY CRITERIA

(a) Tenderer shall be a manufacturer having original valid manufacturing


license or direct importer holding valid import license. Loan Licensees /
Distributors / Suppliers / Agents are not eligible to participate in the
Tender.

(b) Average Annual turnover in the last three years i.e.2006-2007, 2007-
2008 and 2008-09 shall not be less than Rs.5 crores and the annual
turnover for the year 2008-2009 alone should also not be less than Rs.5
crores. In case of Kerala State SSI units, the average annual turnover for
2006-2007, 2007-2008 and 2008-09 shall not be less than Rs.50 Lakhs.
In the case of surgicals, consumables and diagnostic reagents, average
annual turnover in the last three years i.e. 2006-2007, 2007-2008 and
2008-09 shall not be less than Rs.2 crores. The production capacity of
the bidders should be at least 10% of the quantity of the item procured by
any Government / Agency in the preceeding year or quantity to be
procured in the current year. Bidders shall submit a ‘capacity certificate’
along with other supporting document to prove that they have
successfully supplied at least 10% of the annual offtake of each product
required by the Corporation under the current contract. Product-wise
turnover of the preceeding year also should be submitted.

(c) Tenderer should have atleast 3 years Market Standing as a


manufacturer / importer for each drug quoted in the tender.

2
(d) Tender should not be submitted for the product / products for which the
concern / company has been blacklisted by KMSCL or
blacklisted/debarred by any other State / Central Government’s
organization.

(e) Concern / Company which has been blacklisted by Tender Inviting


Authority or blacklisted/debarred by any State Government or Central
Government Organization should not participate in the tender during
the period of blacklisting.

(f) Notwithstanding anything contained in any other clause in this bid


document, or anything contained in any previous tender contract,
agreement, instrument or any other legal document, no concern /
company / supplier / manufacturer who had entered into a contract
for supply for any particular drug/medicine/product with KMSCL as the
eligible L1 bidder during the year 2008-09, 2009-10 shall be eligible to
participate in this tender in respect of the same drug/ medicine/ product
if the said concern/ company /supplier/manufacturer had failed to
execute purchase orders for the scheduled quantity(TENDERED
QUANTITY) for the said drug/medicine/product for any reason
whatsoever including on claim for revision of prices, shortage of raw
materials and increase in manufacturing cost. Provided this condition
shall not apply to those firms from whom KMSCL has procured drug /
medicine/product who has consented to supply such drug /medicine/
product without entering into a contract, agreement, instrument or any
legal document at the prices offered by them in that tender.

(g) Tender should not be submitted for any product


manufactured and supplied by the concern / company to KMSCL, in
any of the previous tenders, if any two batches of that product supplied,
when subjected to quality analysis at an empanelled lab and
Government Drugs Testing Laboratory, Thiruvananthapuram either by
the KMSCL or by the Drugs Control authority, failed in test for ASSAY,
or if any three batches of that product failed in quality test in any other
parameters mentioned in Pharmacoepia other than ASSAY content.

(h) Concern/company who have withdrawn after participating in any of the


previous tenders of KMSCL are not eligible to participate in this tender.

3. GENERAL CONDITIONS.

(i) Price preference not exceeding 5 percent for domestic small scale
industrial units and for State / Central public sector undertakings shall
be available only for products manufactured by them within the State of
Kerala.

Note: ‘Domestic Small Scale Industrial Unit’ means an industrial unit in


which the investment in fixed assets in plant and machinery, whether
held in ownership or on lease or by hire purchase, does not exceed
rupees five hundred Lakhs, or any amount as may be prescribed from
time to time and which manufactures the goods within the state and
registered with the competent authority of the Industries and
Commerce Department of Govt. of Kerala.’

3
(ii) (a) A complete set of tender documents may be purchased by any
interested eligible person on an application in writing and upon payment
of a non refundable fee as indicated in the advertisement in the form of
Demand draft drawn in favour of Kerala Medical Services Corporation
Limited payable at Thiruvananthapuram.
(b) Alternatively, the re-tender document can be downloaded from
the KMSCL website www.arogyakeralam.gov.in PROVIDED a demand
draft/ banker’s cheque for Rs.5625/- (Rupees Five thousand Six hundred
and twenty five only) favoring Managing Director, Kerala Medical
Services Corporation Ltd., payable at Thiruvananthapuram should be
enclosed with the Technical Bid (Cover “A”) (Refer Clause 4) of the
tender document, failing which the tender will be rejected summarily.
(iii) Tender document may be purchased from the office of Tender Inviting
Authority between 10.00 A.M. to 5.00 P.M. on or before 05. 11. 2009 on
all working days either in person or by post. Tender Inviting Authority will
not be responsible in any way for postal delay.
(iv) All tenders must be accompanied with Earnest Money Deposit as
specified in clause 4(a) of the Tender document, IF NOT EXEMPTED.

(v) Tenders will be opened in the presence of tenderers / or their employee


(photo identification cards issued by the company/concern stating his /her
designation should be produced) who choose to attend on the specified
date and time.
(vi) (a) At any time prior to the date of submission of Tender, Tender
Inviting Authority may, for any reason, or as per directions of the
Government, modify the condition in Tender documents by an
amendment. All prospective tenderers who have received the tender
document will be notified of the amendment and that will be binding
on them. In order to provide reasonable time to take the amendment
into account in preparing their bid, Tender Inviting Authority MAY,
at his discretion, extend the date and time for submission of
tenders.
(b) Any person who has downloaded the tender document shall
watch for amendment, if any, in the website of KMSCL and KMSCL will
not issue separate communication to them.

(vii) Interested eligible tenderers may obtain further information from the
office of the Tender Inviting Authority.

4 TECHNICAL BID - COVER “A”


(1) The tenderer should furnish the following in a separate cover hereafter
called "Cover A".
(a) Earnest Money Deposit, IF NOT EXEMPTED, shall be equal to 1 % of the
total aggregate value of item/s of drugs tendered for, subject to a minimum of
Rs 30,000/-. The Earnest Money Deposit shall be paid in the form of Demand
Draft favouring the Managing Director, Kerala Medical Services Corporation
Limited payable at Thiruvananthapuram/ Bank Guarantee for a period of 4
months from the date of submission of tender. This should be enclosed with the
tender in Cover- A. Earnest Money Deposit in the form of cheque/Cash/Postal
order will not be accepted. Earnest Money Deposit will not earn interest. State
SSIs registered with Government of Kerala are exempted from remittance of
Earnest Money Deposit, provided valid SSI registration certificate from the
competent authority is submitted. Non submission of the Earnest Money
Deposit along with the Technical Bid will result in the rejection of the
tender offer

4
b) Documentary evidence for the constitution of the company /concern such
as Memorandum and Articles of Association, Partnership deed (Notary
attested copy) etc. with details of the Name, Address, Telephone
Number, Fax Number, e-mail address of the firm and of the Managing
Director / Partners / Proprietor.

(c) Notary attested photocopy of Licence for the product duly approved by
the Licencing authority for each and every product quoted. The licence
must have been duly renewed upto date and the items quoted shall be
clearly highlighted in the licence.

(d) Notary attested photocopy of import licence if the product is imported.


The licence must have been renewed up to date. A notary attested copy
of a valid licence for the sale of Drugs imported by the firms issued by the
licencing authority shall be enclosed.
(e) The instruments such as power of attorney, resolution of board etc.,
authorizing an officer of the tenderer should be enclosed with the tender
and such Authorized officer of the Tenderer should sign the tender
documents. The signature and photograph of the authorized officer on
the power of attorney/resolution should be attested by the
company/concern director/ managing partner/ proprietor

(f) Authorization letter nominating a responsible officer of the tenderer to


transact the business with the Tender Inviting Authority. Liaison agents,
commission agents, sales organizers etc. who are not employees of
the tenderer are NOT permitted.
(g) Market Standing Certificate issued by the Licensing Authority as a
Manufacturer for each drug quoted (Certificate should be enclosed with
list of items). In case of direct importers, notary attested copy of the
import permission issued to the importer by the DCGI proving the
marketing of the product should be submitted (Refer sub clause c of
clause 2, eligibility criteria for Market standing). The direct importers shall
submit the name of the countries where the product is exported by the
manufacturer for the last 3 years and also the notary attested copy of the
bill of lading of last three years for the products quoted.

(h) Notary attested copy of record of manufacture (maintained as per


schedule U of the Drugs & Cosmetics Rules, 1945) / import to establish
market standing. The tenderer should also furnish the details in the
format given in Annexure-IV
(i) Non-conviction Certificate issued by the Drugs Controller of the state
(latest) certifying that the manufacturer has not been convicted under
the provisions of the Drugs & Cosmetics Act 1940, by any court of law
for manufacturing and selling the Drugs quoted, in contravention to the
above Act and Rules (along with list of items).

(j) Current Good manufacturing practices Certificate (cGMP) as per


revised Schedule-‘M’ (for manufacturers only) / WHO standards issued
by the Licencing Authority. The tenderer shall also furnish a notarized
affidavit in the format given in Annexure-III declaring that the tenderer
complies the requirements of cGMP (as per revised Schedule-‘M’).

(k) Annual turnover statement for 3 years i.e., 2006-2007, 2007-2008 and
2008-2009 in the format given in Annexure-V certified by the Auditor.

5
(l) Copies of balance Sheet and Profit and Loss Account for three years
i.e. 2006-2007, 2007-2008 and 2008-2009 and certified by the Auditor.

(m) Sales Tax Clearance certificate, as on 31.03.2009 (as per form


attached in Annexure-I).

(n) Undertaking (as in the Performa given in Annexure-II) for printing/


embossment of logo of the corporation and Printing of the words “Kerala
Government Supply- Not for Sale” on the labels and on all the packings
of the products, as per conditions specified at Clause 14 herein,
notarized by the Notary Public.

(o) Details of Manufacturing Unit in Annexure-IX. The details containing


the name and address of the premises where the items quoted are
actually manufactured.

(p) Documents, if any, to show that the manufacturing unit / importer has
been recognized, by WHO, UNICEF, ISO Certificate etc.,

(q) Details of technical personnel employed in the manufacture and testing


of drugs (Employee Name, Qualification, Experience) as endorsed in
license.

(r) List of items quoted (The name & Drug code of the Items quoted alone
should be furnished and the rates of those items should not be
indicated in this list).

(s) The tender document should be signed by the tenderer in all pages
with office seal.

(t) A Checklist (Annexure-XII) for the list of documents enclosed with their
page number. The documents should be serially arranged as per this
Annexure-XII and should be securely tied or bound.

(2) The above documents should be sealed in a separate Cover


Superscribed as "TECHNICAL BID - COVER “A” – RE-TENDER FOR
THE SUPPLY OF DRUGS AND SUPPLIES TO KERALA MEDICAL
SERVICES CORPORATION LIMITED FOR THE PERIOD FROM
16.10.2009-31.03.2010 DUE ON 06.11.2009 at 11.00 AM AND
ADDRESSED TO THE MANAGING DIRECTOR, KERALA MEDICAL
SERVICES CORPORATION LIMITED, THIRUVANANTHAPURAM”.

5. (1). PRICE BID - COVER ”B”

Cover “B” contains Price Bid of the Tenderer.

(i) Bid should be typewritten and every correction and interlineations in the
bid should be attested with full signature by the tenderer, failing which the
bid will be ineligible. Corrections done with correction fluid should also be
duly attested.
(ii) Each page of the price bid should be duly signed by the tenderer
affixing the office seal.

6
(iii) (a) The tenderer shall fill up the rate in the Annexure-XIII and
Annexure-XIV for item/s quoted and also in the Compact Disc (CD)
(sold with tender document) and such filled up Annexure-XIII and
Annexure-XIV along with the Compact Disc (CD) (Soft Copy) should
be submitted.

(b) The tenderers who have downloaded Tender document, shall


also download and copy the EXE (Executable) file in the Compact Disc
(CD). Such Compact Disc (CD) may be used for quoting the rate in soft
copy.

(iv) The rate quoted per unit or landed price in Annexure-XIII shall be
inclusive of sales tax, Excise duty or Customs duty as the case may be
and freight, Insurance etc.,
(v) The rate quoted in column 8 of Annexure-XIII should be for a unit and
given specification. The tenderer is not permitted to change / alter
specification or unit size given in the Annexure XIII.

(vi) The tenderer is required to furnish the break up details of landed price in
Annexure-XIV.

(vii) The rate quoted in column 8 of Annexure-XIII and in column 9 of


Annexure-XIV should be one and the same.

(viii) The details of rates and manufacturing capacity given in Annexure-XIII


should also be entered clearly in the Compact Disc (CD) as per the
instructions given along with the tender.

(ix) The bidder shall necessarily quote the excise duty or customs duty
applicable and when the item is excisable or imported as the case may
be.

(x) The bidder shall specifically mention “ EXEMPTED “ when the item is
excisable but exempted for time being based on turn over or for any
other grounds by the notification issued by the Government of India (Also
refer clause 17(6)).

(xi) The bidder once quoted the excise rate is not permitted to change the
rate/amount unless such change is supported by the notification issued
by the Government of India or by the order of the court, after submission
of Tender.

(xii) The bidder who has quoted excise “NIL ” in ANNEXURE-XIV and the
item is excisable, on award of contract, will be eligible for payment only
on production of invoices drawn as per Central Excise Rules.

(xiii) For items with asterix marks in Annexure VI, tenderers shall furnish
samples free of cost. The items submitted as samples should be of the
same specifications for which the tender has been quoted. Any
deviations from this will result in rejection of the sample. The supplies
should confirm to the approved samples.

7
(a) Five sets of the samples fitting the description in the tender should
be submitted.
(b) The type and nature of the tests is the prerogative of the Experts of
KMSCL. The samples will be evaluation by the technical committee
consisting of experts in the relevant field appointed by the tender
inviting authority. The evaluation report of the samples submitted by
the technical committee shall be final and binding on the tenderer
and shall not be disputed.
(c) The samples submitted should be tagged individually with a label in
the format given below. The particulars on the tag should be
furnished in indelible ink securely fastened to the sample. In case of
sterile items, the labels should be fastened in such a manner such
that sterility will not be lost.

KMSCL TENDER2009- 2010

Tender Code No :
Name of the Item :
No of Unit submitted :
Name of the Tenderer :
Date :

(d) The samples shall be submitted within three days of the date
of opening of cover ‘ A’. The samples will not be accepted
before / at the time of the cover ‘A’ opening.

5. (2). The tenderers shall submit duly signed Annexure-XIII and Annexure-XIV and
soft copy of Annexure-XIII and Annexure-XIV (Compact Disc (CD)) in a sealed
cover Superscribed as “PRICE BID COVER “B” – RE-TENDER FOR THE
SUPPLY OF DRUGS AND SUPPLIES TO KERALA MEDICAL SERVICES
CORPORATION LIMITED FOR THE PERIOD FROM 16.10.2009-31.03.2010
DUE ON 06.11.2009 at 11.00 AM AND ADDRESSED TO THE MANAGING
DIRECTOR, KERALA MEDICAL SERVICES CORPORATION LIMITED,
THIRUVANANTHAPURAM”.
5 (3). Two separately sealed covers {Technical bid (Cover “A”) {Refer Clause No.4.2}
and Price Bid (Cover “B”)} { Refer clause 5.(2) } shall be placed in a cover which
shall be sealed and Superscribed as “RE-TENDER FOR THE SUPPLY OF
DRUGS AND SUPPLIES TO KERALA MEDICAL SERVICES CORPORATION
LIMITED FOR THE PERIOD FROM 16.10.2009-31.03.2010 DUE ON
06.11.2009 at 11.00 AM AND ADDRESSED TO THE MANAGING DIRECTOR,
KERALA MEDICAL SERVICES CORPORATION LIMITED,
THIRUVANANTHAPURAM”. which shall be submitted with in the date and time
as specified in Clause 1(a).
5 (4). If the last date for submission of Tender is declared holiday, the tender can be
submitted in the next working day upto 11.00 A.M.

6. OPENING OF COVER “A” AND COVER “B” OF TENDER

(a) All tenderers are entitled to be present at the date and time for opening
of Technical Bid - Cover “A” of the tender submitted by them. No
agents or other representatives are permitted to be present.
(b) Tenderers who were found eligible on satisfying the criteria for
technical evaluation and inspection can only be invited to be present at
the date and time for opening of Price Bid - Cover “B” of the tender.

8
7. EARNEST MONEY DEPOSIT

The Earnest Money Deposit referred to at Clause 4(a) shall be equal to 1


% of the total aggregate value of item/s of drugs tendered for, subject to a
minimum of Rs 30,000/-. The Earnest Money Deposit shall be paid in the
form of Demand Draft favouring the Managing Director, Kerala Medical
Services Corporation Limited payable at Thiruvananthapuram/ Bank
Guarantee for a period of 4 months from the date of submission of tender.
This should be enclosed with the tender in Cover- A. Earnest Money Deposit
in the form of cheque/Cash/Postal order will not be accepted. Earnest
Money Deposit will not earn interest. State SSIs registered with Government
of Kerala are exempted from remittance of Earnest Money Deposit, provided
valid SSI registration certificate from the competent authority is submitted.
Non submission of the Earnest Money Deposit along with the Technical
Bid will result in the rejection of the tender offer.

8. EARNEST MONEY DEPOSIT REFUND.


(i) The Earnest Money Deposit of the successful tenderer will be refunded
after finalization of the tender or may, at the discretion of Tender
Inviting Authority, be adjusted towards the Security Deposit payable by
him.
(ii) The Earnest Money Deposit will be refunded to the non-successful
tenderers after finalization of Tender within 4 months from the date of
opening of Cover “B” (Price Bid) unless extended as mentioned in
clause 1(b) which ever is earlier.
(iii) The Earnest Money Deposit of the Tender will be forfeited without
further notice, if it is found that the manufacturing unit does not comply
with cGMP but furnished an affidavit as in Annexure-III.

9. OTHER CONDITIONS
1. The details of the required drugs, medicines, etc., are shown in
Annexure-VI. Quantity mentioned is only the tentative requirement
and may increase or decrease as per the decision of the Tender
Inviting Authority especially in relation to any Government
directions reserving certain items fully or partially for a PSU. The
rates quoted should not vary with the quantum of the order or the
destination.
2. Tender has been called for in the generic names of drugs. The
tenderers should quote the rates for the generic products. The
composition and strength of each product should be as per details
given in Annexure-VI. Any variation found will result in the rejection of
the tender.
3. Rates (inclusive of Sales Tax, Excise Duty, Customs duty,
transportation, insurance, and any incidental charges) should be
quoted for each of the required drugs, medicines etc., separately on
door delivery basis according to the unit ordered. Tender for the supply
of drugs, medicines, etc. with cross conditions like “AT CURRENT
MARKET RATES” shall not be accepted. Handling, clearing, transport
charges etc., will not be paid. The delivery should be made as
stipulated in the purchase order placed with successful tenderers.
4. Each bid must contain not only the unit rate but also the total value of
each item quoted for supply in the respective columns. The aggregate
value of all the items quoted in the tender shall also be furnished.

9
5. The price quoted by the tenderers shall not, in any case exceed the
controlled price, if any, fixed by the Central/State Government and the
Maximum Retail Price (MRP). Tender Inviting Authority at its discretion,
will exercise, the right to revise the price at any stage so as to conform
to the controlled price or MRP as the case may be. This discretion will
be exercised without prejudice to any other action that may be taken
against the tenderer.

6. To ensure sustained supply without any interruption the Tender


Inviting Authority, reserves the right to split orders for supplying
the requirements among more than one tenderers, provided the
rates and other conditions of supply are equal.

7. The rates quoted and accepted will be binding on the tenderer during
validity of the bid and any increase in the price will not be entertained till
the completion of this tender period.

8. No tenderer shall be allowed at any time on any ground whatsoever to


claim revision or modification in the rates quoted by him.
Representation to make correction in the tender documents on the
ground of Clerical error, typographical error, etc., committed by the
tenderers in the Bids shall not be entertained after submission of the
tenders. Cross Conditions such as “SUBJECT TO AVAILABILITY”
“SUPPLIES WILL BE MADE AS AND WHEN SUPPLIES ARE
RECEIVED” etc., will not be considered under any circumstances and
the tenders of those who have given such conditions shall be treated as
incomplete and Tender will be summarily rejected.

9. Rates should be quoted only for the composition stated in the tender.

10. Supplies should be made directly by the bidder and not through any
other agency and the invoice should be in the name of the tenderer.

11. The tenderer shall allow inspection of the factory at any time by a
team of Experts/Officials of the Tender Inviting Authority. The tenderer
shall extend all facilities to the team to enable to inspect the
manufacturing process, quality control measures adopted etc., in the
manufacture of the items.

12. Complaints by suppliers should be submitted to the Managing


Director in writing. The complaints by the supplier will not be
entertained unless it is submitted within 7 days after the supplier
became aware of circumstances / should have become aware of
circumstances.

10. ACCEPTANCE OF TENDER

1. Tenders will be evaluated with reference to various criteria and one of


such criteria is that the rate per unit (landed price) for determining the
L1 rate (Lowest rate).

10
2. The evaluation and comparison shall include 5% price preference for
domestic small scale industrial units and State / Central public sector
undertakings for products manufactured by them within the State of
Kerala.

3. Tender Inviting Authority reserves the right to accept the tender or to


reject the tender for the supply of all items of drugs or for any one or
more of the items of drugs tendered for in a tender without assigning
any reason.
4. Tender Inviting Authority, or his authorized representative(s) has the
right to inspect the factories of tenderers, before, accepting the rate
quoted by them or before releasing any purchase order(s) or at any
point of time during the continuance of tender and also has the right to
reject the tender or terminate / cancel the purchase orders issued and
or not to reorder, based on adverse reports brought out during such
inspections.
5. The acceptance of the tenders will be communicated to the successful
tenderers in writing.

11. SECURITY DEPOSIT

The Successful tenderer shall be required to pay Security Deposit as


detailed below:

(a) Total value of contract undertaken Rs.5,000/-


upto Rs.1 lakhs
(b) Total value of contract undertaken Rs.25,000/-
Exceeding
Rs.1 lakhs and upto Rs.5 lakhs
(c) Total value of contract undertaken Rs.50,000/-
Exceeding
Rs.5 lakhs and upto Rs.10 lakhs
(d) Total value of contract undertaken Rs.1,00,000/-
Exceeding
Rs.10 lakhs and up to Rs.20 lakhs
(e) Total value of contract undertaken Rs.2,50,000/-
Exceeding
Rs.20 lakhs and up to Rs.50 lakhs
(f) Total value of contract undertaken Rs.5,00,000/-
Exceeding
Rs.50 lakhs and upto Rs.1.00 Crores
(g) Total Value of contract undertaken Rs.5.00 Lakhs Plus @
Exceeding Rs.1.00 Crores 2% of the order value
over and above
Rs.1.00 Crores.

The Security Deposit should be paid upfront in respect of each


contract on or before the due date fixed by Tender Inviting Authority in
the form of Demand Draft drawn in favour of the Managing Director,
Kerala Medical Services Corporation Limited payable at
Thiruvananthapuram/ Bank Guarantee for a period of 15 months from the
date of execution of the agreement.

11
12. AGREEMENT

(a) The successful tenderer shall execute an agreement on a non-judicial


Kerala stamp paper of value of Rs.100/- (stamp duty to be paid by the
tenderer) within 15 days from the date of the intimation from Tender
Inviting Authority informing that his tender has been accepted. The
Specimen form of agreement is available in Annexure-VIII and also
available in the KMSCL Website (www.arogyakeralam.gov.in).

(b) If the successful tenderer fails to execute the agreement and / or to


deposit the required security deposit within the time specified or
withdraws his tender after the intimation of the acceptance of his tender
has been sent to him or owing to any other reasons, he is unable to
undertake the contract, his contract will be cancelled and the Earnest
Money Deposit deposited by him along with his tender shall stand
forfeited by the Tender Inviting Authority and he will also be liable for all
damages sustained by the Tender Inviting Authority apart from
blacklisting the supplier for a period of three years.

(c) Non performance of any of the contract provisions will disqualify a


firm to participate in the tender for a maximum period of three
years.

(d) The tenderer shall not, at any time, assign, sub-let or make over the
contract or the benefit thereof or any part thereof to any person or
persons what so ever.

(e) Tender Inviting Authority will be at liberty to terminate without assigning


any reasons thereof the contract either wholly or in part on 30 days
notice. The tenderer will not be entitled for any compensation
whatsoever in respect of such termination.

(f) For infringement of the stipulations of the contract or for other justifiable
reasons, the contract may be terminated by the Tender Inviting
Authority, and the tenderer shall be liable for all losses sustained by the
Tender Inviting Authority, in consequence of the termination which may
be recovered personally from the tenderer or from his properties, as per
rules.

(g) All notices or communications relating to arising out of this


agreement or any of the terms there of shall be considered duly
served on or given to the tenderer if delivered to him or left at the
premises, places of business or abode.

13. SUPPLY CONDITIONS


1. Purchase orders will be placed on the successful tenderer at the
discretion of the Tender Inviting Authority. The tenderer shall furnish
the delivery schedule immediately on receipt of an order.

2. The Drugs and medicines supplied by the successful tenderer shall be


of the best quality and shall comply with the specifications, stipulations
and conditions specified in the Annexure.

12
3. At least 25% of the supply should be started within 30 days from the
date of purchase order and should be completed within 60 days from
the date of purchase order.
th
4. However Tender Inviting Authority may accept the supplies upto 90
day, with liquidated damages at the rate specified in Clause 18.2.

5. All supplies will be scheduled for the period from the date of
acceptance till the completion of the tender in installments, as may be
stipulated in the Purchase Order. The supplied medicines and Drugs
(covered in SCHEDULE P of Drugs and Cosmetics Rules, 1945) should
have a Standard Quality, maximum potency throughout the shelf life
period as prescribed in the Drugs and Cosmetics Act, 1940 and Rules
there under and in respect of all other items of drugs, a period of
minimum 2 years from the date of manufacture. All items of Drugs and
supplies should have minimum 75% shelf life from the date of
manufacture when supplied to the corporation. During transportation,
cold chain norms shall be strictly followed for those drugs requiring
special storage conditions as stipulated in the official monograph.
Documentary evidence to prove that supply is made as per the
prescribed cold chain norms is to be produced during each supply at
the point of delivery. Drugs supplied without following the above
conditions will be rejected.

6. The tenderer must submit test analysis report from a Government


approved Laboratory for every batch of Drug along with invoice.

7. Tenderer shall supply the product, at District Drugs Warehouse of The


Kerala Medical Service Corporation Limited Located at various places
in Kerala and / or the places/ points specified in purchase order, by
door delivery within 30 days from the date of manufacture of that
product. In case, the product received after 30 days from date of
manufacture and the product not consumed before its expiry date the
supplier shall be permitted to replace the expired quantity with fresh
stock of long shelf life, other wise the expired product will be returned to
the supplier and the value equal to the cost of expired quantity will be
recovered.

8. If the tenderer fails to execute the supply within the stipulated time, the
Tender Inviting Authority is at liberty to make alternative purchase of
the items of drugs and medicines for which the Purchase orders have
been placed from any other sources or from the open market or from
any other tenderer who might have quoted higher rates at the risk and
the cost of the supplier and in such cases the Tender Inviting Authority
has every right to recover the cost and impose penalty as mentioned in
Clause 18.7.
th
9. The order stands cancelled at the end of 90 day after levying penalty
on the value of unexecuted order. Penalties shall also thereafter apply
to the tenderer as specified at Clause 18.3. Apart from risk / alternate
purchase action, the tenderer shall also suffer forfeiture of the Security
Deposit and shall invite other penal action like blacklisting /
disqualification from participating in present and future tenders of
Tender Inviting Authority.

13
10. It shall be the responsibility of the tenderer for any shortages/damage
at the time of receipt in Warehouse. Tender Inviting Authority is not
responsible for the stock of drug received, for which no order is placed.

11. The tenderer shall take back Drugs and medicines, which are not
utilized by the Tender Inviting Authority within the shelf life period based
on mutual agreement.

12. If at any time the tenderer has, in the opinion of the Tender Inviting
Authority, delayed in making any supply by reason of any riots, mutinies,
wars, fire, storm, tempest or other exceptional cause on a specific
request made by the tenderer, the time for making supply may be
extended by the Tender Inviting Authority at its discretion for such period
as may be considered reasonable. The exceptional causes does not
include the scarcity of raw material, power cut, labour disputes.

13. The supplier shall not be in any way interested in or concerned directly
or indirectly with, any of the officers, subordinates or servants of the
Tender Inviting Authority in any trade or business or transactions nor
shall the supplier give or pay promise to give or pay any such officers,
subordinates or servants directly or indirectly any money or fee or other
considerations under designation of “Custom” or otherwise, nor shall
the supplier permit any person or persons whom so ever to interfere in
the management or performance hereof under the power of attorney or
otherwise with out the prior consent in writing of the Tender Inviting
Authority.

14. LOGOGRAMS

Logogram means, wherever the context occurs, the design as specified in


Annexure-II. The name of the drug shall be mentioned in English.

1. Tenders for the supply for Drugs and supplies etc shall be considered
only if the tenderer gives undertaking in his tender that the supply will
be prepared and packed with the logogram either printed or
embossed., as per the design enclosed as per Annexure-II.

2. The Drugs & medicines quoted have to be supplied in standard packing


with logogram and shall also conform to Schedule P1 of the Drugs &
Cosmetics Rules, 1945 wherever it applies. Affixing of stickers shall not
be accepted.

3. Vials, Ampoules and bottles containing items tendered for should also
carry the logogram.

4. Supply of Drugs, medicines, without the logogram will be treated as


breach of the terms of agreement and liquidated damages will be
deducted from bills payable as per condition in Clause 18(6).

5. Tenderers who are not willing to agree to conditions above will be


summarily rejected.

14
15. PACKING

1. The Drugs and medicines shall be supplied in the package specified in


Annexure-VI and Annexure-VII and the package shall carry the
logograms as specified in Annexure-II.
2. The packing in each carton shall be strictly as per the specification
mentioned in Annexure-VII. Failure to comply with this shall lead to non-
acceptance of the goods besides imposition of penalties.
3. The cap of bottles preparations should not carry the name of the
supplier.
4. The labels in the case of injectable should clearly indicate the route of
administration of the preparation.
5. Capsule should have the name of the drug in addition to the logo.
6. It should be ensured that only first hand fresh packaging material of
uniform size including bottles, vials, ampoules etc are used for
Packing.
7. All primary packing containers should be strictly conforming to the
specification included in the relevant pharmacopoeia.
8. Packing should be able to prevent damage or deterioration during
transit.
9. In the event of items of drugs and medicines supplied found to be not
as per specifications in respect of their packing, the Tender Inviting
Authority is at liberty to make alternative purchase of the items of
drugs and medicines for which the Purchase orders have been placed
from any other sources or from the open market or from any other
tenderer who might have quoted higher rates at the risk and the cost of
the supplier and in such cases the Tender Inviting Authority has every
right to recover the cost and impose penalty as mentioned in Clause
18. 7

16. QUALITY TESTING, QUALITY CONTROL DEDUCTION AND PENALTIES

(1) All the Drugs and Medicines supplied by the Supplier shall be
subjected to rigorous Analytical Testing for their quality. Samples of each
batch of each product supplied will be drawn at the points of supply or
distribution / storage and send by the Purchaser to different Analytical
Laboratories empanelled by him at his discretion for testing. The expenditure
towards the Handling and Testing of such samples will be borne by the
Supplier at the rates fixed by the Purchaser as specified in Clause 18.1.

However, in case of reported emergency situations, based on the provisions of


the Drugs and Cosmetics Act and Rules, the Tender Inviting Authority, in
public interest, has the right to release a batch for distribution prior to the
receipt of the test report from the laboratory, based on the test report
submitted by the supplier. In such cases, the manufacturer shall be solely
responsible for any adverse reaction that happens upon the usage of the drug
as per the provisions of Drugs & Cosmetics Act, 1940.

(2) The sample drawn for analysis as per the sub clause (1) above passes quality
test in all respects, KMSCL will instruct its Warehouses to issue such items of
drugs to various hospitals / Institutions.

15
(3) If the sample fails in quality test and report is received certifying that sample is
NOT OF STANDARD QUALITY, one more sample shall be drawn from the
same batch and shall be sent to Government Drug Testing Laboratory
(appellate laboratory) for quality testing.

(4) If such sample passes the quality test, the drugs representing the sample shall
be qualified for issue to various Directorates / Institutions.

(5) If such sample fails the quality test and on receipt of report from the
Government laboratory, the stock of such batch shall be considered as
confiscated goods and deemed to be rejected. The tenderer will be liable for
appropriate action under the Drugs & Cosmetics Act & Rules. In such cases,
Tender Inviting Authority shall collect demurrage charges calculated at the rate
of 2% per month on the value of the drugs rejected till such time the
proceedings of disposal of drugs declared so is completed. The Tender Inviting
Authority, at his discretion may terminate the Contract and in case of such
termination, the Supplier shall be liable for all losses sustained by the Tender
Inviting Authority in consequence of such termination, which may be recovered
from the Security Deposit made by the Supplier and / or any other money due
or becoming due to him. In the event of such amounts being insufficient, the
balance may be recovered personally from the Supplier or from his properties
as per the provisions of Law.

(6) In the event of the samples of Drugs and medicines supplied failing quality
tests or found to be not as per specifications, the Tender Inviting Authority is at
liberty to make alternative purchase of the items of drugs and medicines for
which the Purchase orders will be placed from any other sources or from the
open market or from any other tenderer who might have quoted higher rates at
the risk and the cost of the supplier and in such cases the Tender Inviting
Authority has every right to recover the cost and to impose penalty as
mentioned in Clause 18.7.

(7) If any articles or things supplied by the Supplier have been partially or wholly
used or consumed after supply and are subsequently found to be in bad odour,
unsound, inferior in quality or description or are otherwise faulty or unfit for
consumption, then the contract price or prices of such articles or things will be
recovered from the Supplier, if payment had already been made to him.
Otherwise the Supplier will not be entitled to any payment whatsoever for
such article. For infringement of the stipulations of the contract or for other
justifiable reasons, the contract may be terminated by the Managing
Director, Kerala Medical Services Corporation Limited and the Supplier shall
be liable for all losses sustained by the Tender Inviting Authority in
consequence of the termination which may be recovered personally from the
tender or from his properties, as per rules. In case of a dispute, the report of
the Government Drug Testing Laboratory will be final and conclusive.

(8) The Drugs and medicines shall be of standard quality throughout the shelf life
period of the drug. The samples will be drawn for quality testing periodically
throughout the shelf life period either on complaint or suo motto. In such cases
the procedures adapted in sub clause (1) to (7) above will be followed.
Samples which do not meet quality requirements shall render the relevant
batches liable to be rejected.

16
(9) The Tender Inviting Authority has the right to exempt certain Drugs/supplies
from Quality testing for technical reasons as advised by the quality control
wing. In such cases, the test reports of either the manufacturer/or his contract
laboratory or from the concerned government Drugs testing laboratory will be
final. Batches of such Drugs will be drawn for analysis only if deemed
necessary.

(10) During the contract period if two batches of a particular item supplied by the
firm fails in ASSAY content, or three batches of a particular item fails in quality
test (ASSAY Content, description test and other parameters mentioned in
pharmacopoeia), then that particular product of that firm will be blacklisted as
detailed in Annexure X to Clause 20.

(11) In respect of the firm supplying more than one items during the contract period
if more than 50% of the items are blacklisted based on the above process,
then the firm will be blacklisted as detailed in Annexure X to Clause 20.

(l2) In the case of any sample even in one batch is declared as spurious or
adulterated or misbranded by the Government Analyst, the company will be
blacklisted as per the provisions in Annexure X to Clause 20.

(l3) The supplier shall furnish to the Tender Inviting Authority the evidence of bio-
availability and/or bio-equivalence for certain critical Drugs upon request by the
purchaser.

(14) The supplier shall furnish evidence of basis for expiration dating and
other stability data of Drugs upon request by the Tender Inviting
Authority.

(15) The tenderer shall furnish the source of procurement of raw materials utilized
in the formulations if required by Tender Inviting Authority. Tender Inviting
Authority reserves the right to cancel the purchase orders, if the source of
supply is not furnished.

(16) The decision of the Tender Inviting Authority or any Officer authorized by him
as to the quality of the supplied drugs, medicines etc., shall be final and
binding.

17. PAYMENT PROVISIONS

1. No advance payments towards costs of drugs, medicines etc., will be


made to the tenderer.

2. Payments towards the supply of drugs, medicines, will be made strictly


as per rules of the Tender Inviting Authority. All payments will be made
by way of Cheque drawn in favour of the tenderer and by crossed
Cheque only.

17
3. All bills/ Invoices should be raised in triplicate and in the case of
excisable Drugs and Medicines, the bills should be drawn as per
Central Excise Rules in the name of Managing Director, Kerala Medical
Services Corporation Ltd., Thiruvananthapuram. While the original
invoice along with the test report is to be submitted to the
Headquarters, duplicate and triplicate copies along with test reports are
to be submitted at the District Drug Warehouses along with the supply.
If there is more than one point of delivery in a particular district, the
invoices should be submitted to the district Warehouse while
delivery chalans are to be submitted to each point of delivery by the
supplier/ transporter. In this instance, a copy of the delivery chalan is to
be submitted to the District Drug Warehouse. No payment will be
effected if the above provisions are not complied with

4. Payments for supply will be considered only after supply of 70% of


items of Drugs/ medicines ordered in the Purchase Order PROVIDED
reports of Standard Quality on samples testing received from
Government Analyst or Approved Laboratories of Tender Inviting
Authority.

5. If at any time during the period of contract, the price of tendered items
is reduced or brought down by any law or Act of the Central or State
Government or by the tenderer himself, the tenderer shall be bound to
inform Tender Inviting Authority immediately about such reduction in
the contracted prices. Tender Inviting Authority is empowered to
unilaterally effect such reduction as is necessary in rates in case the
tenderer fails to notify or fails to agree for such reduction of rates.

6.(a) In case of any enhancement in Excise Duty due to notification of the


Government after the date of submission of tenders and during the
tender period, the quantum of additional excise duty so levied will be
allowed to be charged extra as a separate item without any change in
price structure of the Drugs approved under the tender. For claiming
the additional cost on account of the increase in Excise Duty, the
tenderer should produce a letter from the concerned Excise authorities
for having paid additional Excise Duty on the goods supplied to Tender
Inviting Authority and also must claim the same in the invoice
separately.

(b) In case of successful bidder has been enjoying excise duty exemption
on any criteria of Turnover etc., such bidder will not be allowed to claim
excise duty at later point of time, during the currency of contract, when
the excise duty is chargeable on goods manufactured.

18. DEDUCTION IN PAYMENTS & PENALTIES

1. In all supplies, 1.5% of the supply value shall be deducted towards


handling & testing charges.
2. If the supply reaches the District Drug Warehouse between 5 PM of the
60th day and 5 PM of 90th day from the date of purchase order, a
liquidated damages will be levied at 0.5% per day for delayed supply up
to a maximum of 15%, irrespective of the Tender Inviting Authority
having actually suffered any damage/loss or not, on account of delay in
effecting supply.

18
3. If there is any unexecuted orders after 5 PM of 90th day from the date
of purchase order, the order shall stand cancelled automatically
after levying penalty @ 20% on the value of unexecuted order and
such penalty is recoverable from any amount payable to the supplier.

4. However, the Tender Inviting Authority has every right to receive supply
even after expiry of 90 days from the date of Purchase order and in such
case, liquidated damages will be levied at 0.5% per day of the value
of the delayed supply.

5. If the supply is received in damaged condition it shall not be accepted.


In case of damage in the packing, the supply will be accepted only after
levying penalty on the total value of supply to that destination.

6. All the tenderers are required to supply the product with logogram and
with prescribed packing specification. If there is any deviation in these
Tender conditions a separate damages will be levied @ 2%
irrespective of the Tender Inviting Authority having actually suffered any
damage/loss or not, without prejudice the rights of alternative purchase
specified in Clause No.15.9.

7. In the event of making ALTERNATIVE PURCHASE, as specified in


Clause 13.8, Clause 15.9 and in Clause 16.6, the supplier will be
imposed penalty apart from forfeiture of Security Deposit. The excess
expenditure over and above contracted prices incurred by the Tender
Inviting Authority in making such purchases from any other sources or
in the open market or from any other tenderer who has quoted higher
rates and other losses sustained in the process, shall be recovered
from the Security Deposit or from any other money due and become
due to the supplier and in the event of such amount being insufficient,
the balance will be recovered personally from the supplier.

8. In all the above conditions, the decision of the Tender Inviting Authority,
shall be final and binding.

19. PURCHASE POLICY


The purchase policy of the Kerala Medical Services Corporation Limited is in
Annexure-XI. This policy is in addition to and not in derogation of the terms
and conditions of the tender documents.
20. BLACKLISTING PROCEDURE
The procedure of the Kerala Medical Services Corporation Limited for
blacklisting is in Annexure-X. This procedure is in addition to and not in
derogation of the terms and conditions of the tender documents.
21. SAVING CLAUSE
No suit, prosecution or any legal proceedings shall lie against Tender Inviting
Authority or any person for anything that is done in good faith or intended to be
done in pursuance of tender.
22. JURISDICTION
In the event of any dispute arising out of the tender such dispute would be
subject to the jurisdiction of the Civil Court within the city of
Thiruvananthapuram only.

19
ANNEXURE-I
Ref. Clause No. 4.(1) (m)

FORM OR CERTIFICATE OF SALES TAX VERIFICATION TO BE


PRODUCED BY AN APPLICANT FROM THE CONTRACT OR OTHER
PATRONAGE AT THE DISPOSAL OF THE GOVERNMENT OF
KERALA.

(To be filled up by the applicant)

01. Name or style in which the applicant is assessed or assessable to Sales


Tax Addresses or assessment.

02. a. Name and address of all companies, firms or associations or


persons in which the applicant is interested in his individual or
fiduciary capacity.

b. Places of business of the applicant (All places of business should


be mentioned).

03. The Districts, Taluks and divisions in which the applicant is assessed to
Sales Tax (All the places of business should be furnished).

04. a. Total contract amount or value of patronage received in the


preceding three years.

2006 - 2007
2007 - 2008
2008 - 2009

b. Particulars of Sales - Tax for the preceding three years.

Year Total T.O. Total Tax Total Tax Balance Reasons


be assessed assessed paid Rs. due Rs. for balance
Rs. Rs. Rs.

2006-2007

2007-2008

2008-2009

20
c. If there has been no assessment in any year, whether returns were
submitted any, if there were, the division in which the returns were
sent.

d. Whether any penal action or proceeding for the recovery of Sales


Tax is pending.

e. The name and address of Branches if any:

I declare that the above information is correct and complete to the best of
my knowledge and belief.

Signature of applicant:
Address:
Date:

(To be filled up by the Assessing authority)

In my opinion, the applicant mentioned above has been/ has not been/ doing everything
possible to pay the tax demands promptly and regularly and to facilitate the completion of
pending proceedings.

Date Seal : Deputy / Asst. Commercial Tax - Officer


Deputy Asst.

NOTE: A separate certificate should be obtained in respect of each of the place of


business of the applicant from the Deputy Commercial Tax Officer or Assistant
Commercial Tax Officer having jurisdiction over that place.

21
ANNEXURE-II
Ref. Clause No. 4(1)(n)

DECLARATION

I do hereby declare that I will supply the Drugs and Medicines as per the designs
given in enclosures to this Annexure and as per the instructions given in this regard.

Signature of the Tenderer


Name in capital letters with Designation

Attested by Notary Public.

22
ENCLOSURE-I TO ANNEXURE-II
REFER CLAUSE No. 4.1(n) and clause 14
DESIGN FOR LOGOGRAM

TABLETS & CAPSULES


The logogram as shown above and the words “Kerala Government Supply – Not for
Sale” should be printed in the strip packing for tablets, capsules, their secondary
packing and outer cartons etc.
In all tablets & capsules, the letters ‘K G’ should be embossed as shown below.
Capsules Tablet

INJECTIONS
Injection in ampoule form should be supplied in Double constructed neck ampoules and
the vials should be supplied with aluminum seals. The labels of the primary, secondary
and outer cartons etc. shall bear the words "KERALA Govt. Supply - Not for sale",
and above logogram overprinted, which will distinguish from the normal trade packing.
The labels of the large volume parenterals and their outer cartons should bear
the words “KERALA Government Supplies – Not for Sale” and the logogram above.
LIQUIDS
Liquid preparations should be in glass/ PET bottles with pilfer-proof caps bearing the
above logograms.
The top of the cap and the label to be affixed on the containers should bear a distinct
colour different from the colour of the label of the trade packs and they should be
overprinted in red colour with the words “KERALA Government Supplies – Not for
Sale” and the logogram above. The secondary packing if any and the outer cartons
should shall also bear the above logogram and the wordings.
SURGICAL CONSUMABLES AND DISPOSABLES
The primary, secondary packing and outer cartons of Surgical Consumables and
disposables shall bear the above logograms and the words “Kerala Government
Supplies – Not for Sale” overprinted in red colour.
IMPORTED DRUGS/ PRODUCTS
In case of imported Drugs/ products the above logograms and wordings should be
printed in indelible ink either on the label borne by the container of the Drug/ product
or on a label or wrapper affixed to any package in which the container is issued.

23
ENCLOSURE-II TO ANNEXURE-II

SPECIMEN LABEL FOR


OUTER CARTON

KERALA GOVT. SUPPLY


NOT FOR SALE

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
xxxxxxxx (Product Name)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
EXP. DATE: ……….

Batch. : …………… Quantity Packed: …………..


Mfg Date: …………… Net Weight: ..……………….

Manufactured by: ……….

24
ANNEXURE-III
Ref. Clause No. 4(1) (j)

DECLARATION

I/We M/s._____________________ represented by its Proprietor /


Managing Partner / Managing Director having its Registered Office at
________________________________________________and its Factory
Premises at ____________________________________________________ do
hereby declare that I/We have carefully read all the conditions of tender IFB No.
006/DRUGS/RE-TENDER/KMSCL/2009 DATED 16-10-2009 for supply of Drugs

and Medicines for the period from 16.10.2009 to 31.03.2010 floated by the Kerala
Medical Services Corporation Ltd., Thiruvananthapuram and accepts all
conditions of Tender.
I/We declare that we posses the valid licence and GMP Certificate as per
revised Schedule-‘M’ issued by the Competent Authority and complies and
continue to comply with the conditions laid in Schedule M of Drugs & Cosmetics
Act, 1940 and the Rules made there under. I/We furnish the particulars in this
regard in enclosure to this declaration.
I/We agree that the Tender Inviting Authority forfeiting the Earnest Money
Deposit and or Security Deposit and blacklisting me/us if, any information
furnished by us proved to be false at the time of inspection and not complying the
conditions as per Schedule M of the said Act.

Signature :
Seal
Name & Address :
To be attested by the Notary.

25
Enclosure to Annexure – III Clause 4(1) (j)

DECLARATION FOR COMPLIANCE OF cG.M.P

01. Name and Address of the Firm :

02. Name of Proprietor / Partner / Director :

03. Name and Designation of Person Present :

04. GMP Certificate As per Revised Schedule “M”

05. Details of Licenses Held With Validity :

06. Number of Workers Employed : Ladies :


Gents :

07. Whether Workers Provided with Uniform : Yes / No

08. Whether Medical Examination done


for the Workers : Yes / No

09. Hygienic Condition

(I) Surrounding : Satisfactory / Not Satisfactory

(II) Production Areas : Satisfactory / Not Satisfactory

(III) Other Areas : Satisfactory / Not Satisfactory

10. Provision for Disposal of Waste : Yes / No

11. Heating System : Yes / No

12. Whether Benches provided in all : Yes / No


Working Area

26
13. Water Supply

(A) Source :

(B) Storage Condition : Satisfactory / Not Satisfactory

(C) Testing
(With reference to Pathogenic Organisms) : Yes / No

(D) Cleaning Schedule in Water Supply


System with Proper Records : Yes / No

(E) Type of Machinery installed as to


Semi-automatic or Fully Automatic plant for
water purification system along with cost and
whether this is working, and if so the flow rate
of Pharmaceutical water to meet the
requirements of preparation :

14. Air handling system along with list of machine


and cost of the unit, separately for sterile and
non sterile preparation :

15. Whether the pollution control clearance is valid for


Air and Water and if so the period upto which valid
(copy of the certificate to be enclosed) :

16. Raw Material Storage Area


(I) Quarantine : Provided / Not Provided

(II) Passed Materials : Provided / Not Provided

(III) Rejected Materials : Provided / Not Provided

17. Finished Product Storage Area

(I ) Quarantine : Provided / Not Provided

(II) Released Material : Provided / Not Provided

18. Details of Technical Staff

Name Qualification Experience

For Manufacturing :

For Testing :

27
19. Testing Facilities (List of Equipments to be furnished separately in the
format to meet the bench mark vide Annexure)

Chemical Method : Yes / No

Instrumental : Yes / No
(Type of Instrument provided as indicated
in Annexure)

Biological : Yes / No

Micro Biological : Yes / No

Animal Testing : Yes / No

20. Remarks

(A) Whether Products Quoted to KMSCL


are Endorsed in the Licence : Yes / No

(B) Whether the drugs quoted to


KMSCL have been Manufactured
Earlier (Last 3 Years) : Yes / No

If Yes, Details Like

Sl.No Date of Name of the Drug Batch No. Batch Size Date of
Manufacture Release

(C) Production Capacity (Section Wise)

28
PRODUCTION CAPACITY:
Tablet Section

Type of Equipments No. of Production No. of shift Production


Equipments Capacity of all the Capacity
Equipments in allotted for
column 2 KMSCL
per shift
(1) (2) (3) (4) (5)

Planatery mixer
Fluidized bed drier
Tray drier
Mechanical shifter
Multi mill
Tablet compression
machine
1) With ________
number of station
2) With _________
number of station
3) With _________
number of station
4) With _________
number of station
Coating pan.
Blister Packing
machine
Strip packing machine

Capsule Section
Type of Equipments No. of Production No of shift Production
Equipments Capacity of all the Capacity
Equipments in allotted for
column 2 KMSCL
per shift
(1) (2) (3) (4) (5)

Double cone blender


Automatic capsule
filling machine
Semi automatic
Capsule filling machine
Hand filling machine
Blister packing
machine
Strip packing machine

29
Parenteral Section

Type of Equipments No. of Production No of shift Production


Equipments Capacity of all the Capacity
Equipments in allotted for
column 2 KMSCL
per shift
(1) (2) (3) (4) (5)

Small volume
Parenteral
Mixing Vessel
Laminar Flow unit
Filtration unit
Ampoule filling
machine
(with No of head)
Vial filling
Machine
(with No of head)
Vial sealing machine
Powder filling machine
Autoclave for terminal
Sterilization
Ampoule labeling
machine
Vials labeling machine

30
(D) Any, Not Of Standard Quality : Yes / No
Reports Of Product Quoted/
Approved By KMSCL
(If Not, Nil Statement)

(E) Any Prosecution After : Yes / No


Submission of Tender Documents.
(If Not, Nil Statement)

(F) Chances Of Cross Contamination : Yes / No


at Raw Materials/In Process/
Finished Product Stages And Steps/
Facilities

(G) Validation of Equipments done : Yes / No

(H) Cleaning Schedule


(I) For Premises :

(II) For Equipments :

(I) Adverse Reaction, If Any and :


Reported
Sl.
No. Description Remarks

1 Whether any drug(s) manufactured by the


tenderer has / have been recalled during
last five years? If yes given details

2 What are the results of investigations on


the recalled drug(s)?

3 What action have been taken to prevent


recurrence of recall of drug(s) on that
particular account?

(J) Complaints Received If Any :


and Steps taken.

31
Sl. No. Description Remarks

1 Whether any drug(s) manufactured by the


tenderer has / have been recalled during
last five years? If yes given details

2 What are the results of investigations on


the recalled drug(s)?

3 What action have been taken to prevent


recurrence of recall of drug(s) on that
particular account?

Signature and Seal of


Proprietor / Partner / Director
To be attested by the Notary.

32
Annexure
Instruments Provided in the Quality Control Lab

Sl. Name of the Instruments No. of Cost of Whether it is in


Instruments Instruments working
condition

(1) (2) (3) (4) (5)

1 Analytical Balance
2 Infra Red Spectrometer
3 Karl Fisher Tritator
4 Melting Point
5 Brookfield Viscometer
6 Polarimeter
7 Autoclave
8 Refractometer
9 Sampling Booth
10 UV-Vis Spectrometer
11 HPLC
12 Muffle Furnace
13 Fuming Cupboard
14 Micrometer
15 Dissolution Tester
16 Disintegration Tester
17 Friability Tester
18 Vernier Calipers
19 IR Balance
20 Hardness Tester
21 Leak Test Apparatus
22 Laminar Air Flow
23 BOD Incubator
24 Vacuum oven
25 Bulk Density Apparatus
26 Water Activity Meter
27 Anaerobic System
28 Gas Chromatograph
29 LAL Kit
30 Sterility Test Kit
31 Particle Counter
32 Air Sampler
33 Flame Photometer
34 Tap Density Tester
33

ANNEXURE-III-A
Ref. Clause No. 4(1) (h)

UNDERTAKING

I __________________, S/o _________________, Proprietor / Partner / Managing


Director of ______________________________________ (Proprietary Concern / Firm
/ Company Ltd.) execute this Undertaking for myself and on behalf of
________________________ (Proprietary Concern / Firm / Company Ltd.).

2. Whereas, KMSCL (Tender Inviting Authority) has invited re-tender for supply of
drugs & medicines for the period from 16-10-2009 to 31-03-2010 and in pursuant to the
conditions in the tender documents, M/s._____________________________________
is exempted from payment of Earnest Money Deposit.

3. And Whereas, in pursuant to the conditions in Clause Nos. 8 (iii) of the tender, the
Earnest Money Deposit can be forfeited by the Tender Inviting Authority in case of
violation of any of the conditions and for non-performance of the obligation under
tender document.

M/s __________________________________
for Self and Firm / Company Ltd.

Witness:-

(1)

(2)

34
ANNEXURE-IV
Ref. Clause No. 4(1) (h)

PROFORMA FOR PERFORMANCE STATEMENT


(FOR A PERIOD OF LAST 3 YEARS)

Name of firm

No. of batches
Name and full
Sl. manufactured / Batch
Name of the product Year address of the
imported & No.
purchaser
supplied.
1 2 3 4 5 6

Signature and seal of the Tenderer

35
Annexure-V
Ref. Clause. 4(1) (k)

ANNUAL TURN OVER STATEMENT

The Annual Turnover of

M/s____________________________________________ for the past three years are

given below and certified that the statement is true and correct.

______________________________________________________________________
__
Sl. No. Year Turnover in Lakhs (Rs)
______________________________________________________________________
__

1 2006 - 2007 -

2 2007 - 2008 -

3 2008 - 2009 -
______________________________________________________________________

Total - Rs. ____________________ Lakhs.


______________________________________________________________________

Average turnover per annual - Rs.______________________Lakhs.

Date:

Seal: Signature of Auditor/


Chartered Accountant
(Name in Capitals)

36
KERALA MEDICAL SERVICES CORPORATION LIMITED Annexure-VI
TRIVANDRUM Ref. Clause 9.1
RE-TENDER FOR THE SUPPLY OF DRUGS AND MEDICINES FOR THE PERIOD FROM 16.10.20009 TO 31.03.2010

Approx.
Sl. Drug
Name of the Drug Strength Unit Tender Qty in
No. Code.
Units
1 D06002 ACTIVATED CHARCOAL POWDER IP 50GM Packet 215
2 D10003 DAPSONE TAB IP 50mg 10x10 527
3 D11002 CARBIDOPA 10MG+LEVIDOPA 100MG TAB IP 10MG+ 100MG 10X10 93
4 D13019 METOPROLOL INJ BP 5 MG/ML I ML AMP 3065
5 D16002 PROSTOGLANDINE INJ. 250mcg/ml 1ml Amp 9908
6 D16005 NYSTATIN VAGINAL PESSARIES 100000 iu 10 1000
7 D24006 CAP. CYCLOSPORIN USP 25 mg 50 caps 254
8 D24025 Interferon Alpha - 2A Inj 3 MIU Vial 600
ANTI A MONOCLONAL I gM TITRE VALUE 512
9 D26002* 10ML
(Minimum) 6185
10 D26006* MALARIA ANTIGEN DETECTING CARD TEST 1 Unit 99911
11 D26007* ANTI H LECTIN 5 ML 238
ANTI HUMAN SERUM (LISS COOMBS FOR GEL
12 D26011* 1 TEST
TECHNOLOGY) 48514
13 D26013 * Leptospira 1g M Capture Elisa( 96 xT) 1 TEST 14347
14 D26014 * Dengue 1g M Capture Elisa (Zero type 1,2,3,4) 1TEST 9328
15
D26019 * HIV 1&2 ANTIBODY SCREENING – EIA VISUAL ASSAY 1 TEST
33470
16 D26020 * ANTI HUMAN GLOBULIN POLY SPECIFIC 5ML vial 391
FOURTH GENERATION ELISA KIT FOR DETECTION
17 D26024 * 1 TEST
OR P24 ANTIGEN AND ANTIBODY TO HIV 1+2
33492
LEPTOSPIRA LATEX AGGLUTINATION TEST KIT
18 D26025* 1 TEST
(RAPID METHOD) 570
DENQUE LATEX AGGLUTINATION TEST KIT (RAPID
19 D26026* 1 TEST
METHOD) 567
20 D26027* HAV Ig M RAPID VISUAL EIA KIT 1 TEST 850
21 S27014 * BP BLADE – 10 Box of 100 1 Pack 1215
22 S27018* BP BLADE – 21 Box of 100 1 Pack 2218

* Refer sub clause (xiii) of clause 5 (1) PRICE BID COVER B 37


KERALA MEDICAL SERVICES CORPORATION LIMITED Annexure-VI
TRIVANDRUM Ref. Clause 9.1
RE-TENDER FOR THE SUPPLY OF DRUGS AND MEDICINES FOR THE PERIOD FROM 16-10-2009-31.03.2010

Sl. Drug Approx.


Name of the Drug Strength Unit Tender Qty
No. Code.
in Units
23 S27080* SCALP VEIN SET 18 G 1 Unit 1 No 15500
24 S27081* SCALP VEIN SET 20 G 1 Unit 1 No 47388
25 S27082* SCALP VEIN SET 22 G 1 Unit 1 No 227695
26 S27083* SCALP VEIN SET 24 G 1 Unit 1 No 159288
27 S27095* URINE COLLECTING BAG WITH VALVE OUTLET 2 LITRE 1 No
594577
28 S27113* CAT GUT CHROMIC 3-0 1/2 12MM Needle Reverse Cut 76 Cm Box of I2
828
29 S27116* CATGUT No.1 with Needle Box of I2 2700
30 S27117* CATGUT No.1/0 with Needle Box of I2 3530
31 S27118* CATGUT PLAIN BP 1-0 152 Cm Box of 12 190
32 S27119* CATGUT PLAIN BP, 2-0 152 Cm Box of 12 145
33 S27120* CATGUT ATROMATIC No.1, RB, 63 mm 1569
34 S27121* CATGUT ATROMATIC 1-0, RB, 63 mm 289
35 S27122* CATGUT CHROMIC 1-0, RB, 3/8 Circle, 76 cm, 45 mm 228
36 S27145* SURGICAL SILK 1/2 Circle Tapercut 17mm 4-0 Box of 12
350
37 S27150* SUTURE PACK SILK No 1 Box of 12 1170
38 S27151* SUTURE PACK SILK No 1-0 Box of 12 920
39 S27152* SUTURE PACK SILK No 2 Box of 12 590
40 S27153* SUTURE PACK SILK No 2-0 Box of 12 1077
41 S27154* SUTURE PACK SILK No 3-0 Box of 12 1100
42 S27155* POLYGLYCOLIC ACID No. 1, 1/2 Circle, 40MM, 90 cm Box of 12 3640
43 S27157* POLYGLYCOLIC ACID 1-0, Round Body, 1/2 Circle, 40 mm, 150 cm Box of 12 3100
44 S27165* Virgin Silk 8/0 3/8 Circle Micro Point Spatulated 6mm Needle Box of 12 1550
45 D21020 I.V. GAMAGLOBULIN 2.5 Mg Vial 10000
46 D21018 INSULIN SYRINGE WITH FIXED NEEDLE(29 G) 1No 450000
* Refer sub clause (xiii) of clause 5 (1) PRICE BID COVER B 38
ANNEXURE-VII
Clause 15.1 &15. 2

I. SCHEDULE FOR PACKAGING OF DRUGS AND MEDICINES


GENERAL SPECIFICATIONS
1. No corrugate package should weigh more than 15 kgs (ie., product + inner
carton + corrugated box).

2. All Corrugated boxes should be of `A' grade paper ie., Virgin.

3. All items should be packed only in first hand boxes only.

FLUTE:
4. The corrugated boxes should be of narrow flute.

JOINT:
5. Every box should be preferably single joint and not more than two joints.

STITCHING:
6. Every box should be stitched using pairs of metal pins with an interval of
two inches between each pair. The boxes should be stitched and not joined
using calico at the corners.

FLAP:
7. The flaps should uniformly meet but should not over lap each other. The flap
when turned by 45 - 60° should not crack.

TAPE:
8. Every box should be sealed with gum tape running along the top and
lower opening.

CARRY STRAP:
9. Every box should be strapped with two parallel nylon carry straps (they
should intersect).

LABEL:
10. Every corrugated box should carry a large outer label clearly indicating
that the product is for "Kerala Govt. Supply - Not For Sale". The lower
one third of the large label should indicate in bold, the value of the product
as depicted in Annexure III of this document.

11. The product label on the cartoon should be large at least 15cms x 10cms
dimension. It should carry the correct technical name, strength or the
product, date of manufacturing, date of expiry, quantity packed and net
weight of the box.

39
OTHERS:

12. No box should contain mixed products or mixed batches of the same
product.

II. SPECIFICATION FOR CORRUGATED BOXES HOLDING TABLETS /


CAPSULES / PESSARIES

(1) The box should not weigh more than 7-8 kgs. The grammage of outer
box should be 150 gsm and inside partition / lining should be 120 gsm.

(2) The box should be of 5 ply with Bursting strength of 9 Kg/ Cm2

III. SPECIFICATION FOR LARGE VOLUME BOTTLE i.e., ABOVE 120 AND
BELOW 1 LIT.

(1) All these bottles should be packed only in single row with partition
between each and also with top and bottom pad of 3 ply.
(2) Grammage : Outer box should be 150 gsm inside
partition / lining should be
120 gsm
(3) Ply : 7 Ply.
(4) Bursting Strength : Not less than 12 Kg/Cm2

IV. SPECIFICATIONS FOR IV FLUIDS


(1) Each corrugated box may carry a maximum of only 24 bottles of 500ml in
a single row or 50 bottles of 100ml in two rows with individual sealed
polythane cover and centre partitionpad, top, bottom pads of 3 ply

(2) Grammage : Outer box should be 150gsm inside partition/ lining


should be 120gsm.

(3) Ply : 5 or 7

40
V. SPECIFICATIONS FOR LIQUID ORALS

50ml to 120 ml bottles.

(1) 100 bottles of 50ml or 60ml may be packed in a single corrugated in 2


rows with top, bottom and centre pad of 3 ply.

50 bottles of 100 ml - 120 ml may be packed in a similar manner in a


single corrugated box.

(2) If the bottles are not packed in individual carton, 3 ply partition
should be provided between each bottle. The measuring device
should be packed individually.

(3) Grammage : Outer box should be 150gsm inside


partition / lining should be
120gsm

(4) Ply : 7 ply

(5) Bursting Strength : Not less than 12 Kg/Cm2

(6) In case the box is heavier than 7 Kg but less than 10 kg, the grammage
may be 150 gsm (outer 150 gsm and others 120 gsm) 5 ply and bursting
strength should not be less than 9 Kg/Cm2.

VI. SPECIFICATIONS FOR OINTMENT / CREAM / GELS PACKED IN


TUBES:

(1) No corrugate box should weigh more than 7-8 Kgs.

(2) Every Ointment tube should be individually packed in cartoon and then
packed in 20's in a grey board box, which may be packed in a corrugated box.

(3) Grammage : Outer box should be 150gsm inside


partition / lining should be 120gsm
.
VII. INJECTABLE (IN VIALS AND AMPOULES)

(1) Vials may be packed in corrugated boxes weighing up to 15 Kgs.


Ampoules should be packed in C.B weighing not more than 8 kgs.

(2) C.B. for vials should be of 150 Gsm (outer box should be 150 gsm and
inside partition / lining should be 120 gsm) and 7 ply, while C.B. for
ampoules should be of 150 Gsm (outer box should be 150 gsm and inside
partition / lining should be 120 gsm) and 5 ply.

41
(3) Bursting strength for CB boxes for

a. Vials : Note less than 13 Kg/Cm2


b. Amp : Note less than 9 Kg/Cm2

(4) In the case of 10 ml Ampoules 100 or 50 ampoules may be packed in a


grey board box. Multiples of grey board boxes packedin CB. In case of
ampoules larger than 10 ml only 25 ampoules may be packed in a grey
board box with partition.

(5) If the vial is packed in individual cartoon, there is no necessity for grey
board box packing. The individual cartoon may be packed as such in the
CB with centre pad.

(6) In case of ampoules every grey board box should carry 5 amps.
Cutters placed in a polythene bag.

VIII. SPECIFICATIONS FOR ORS

(1) The sachets should be of Aluminiun foil laminated with glass or heat
sealable plastic film, Outer paper may contain label information.

(2) 50 sachets may be placed in board boxes and 10 grey board boxes

in a C.B.
(3) Grammage :Outer box should be 150 gsm
inside partition / lining should be
120 gsm.
(4) Ply : 5
(5) Bursting Strength : Not less than 9 Kg/Cm2

IX. SPECIFICATIONS FOR ANTISEPTIC & DISINFECTANT FLUIDS


(1) Not more than 5 litres can may be packed in a single C.B
(2) Grammage : Outer box should be 150 gsm
inside partition / lining should be
120 gsm.
(3) Ply : 7 Ply
(4) Bursting Strength : Not less than 12 Kg/Cm2

42
(ANNEXURE-VIII
Ref. Clause No.12(a)

AGREEMENT

This Deed of Agreement is made on this_________________ day of


_____________2009 by M/s______________________________________________
represented by its Proprietor/Managing partner/ Managing Director having its
Registered Office at________________________________________________ and its
Factory Premises at ______________________________________________________
(hereinafter referred to as "Supplier" which term shall include its successors,
representatives, heirs, executors and administrators unless excluded by the Contract) on
one part and Kerala Medical Services Corporation Ltd., represented by its Managing
Director having its Registered Office at Thiruvananthapuram (here in after referred to
as "The Purchaser" which term shall include its successors, representatives, executors
assigns and administrators unless excluded by the Contract) on the other part.
Where as the Supplier has agreed to supply to the Purchaser, the
Drugs and Medicines with specifications mentioned in the Schedule attached here to at
the prices noted there in and in the manner and under the terms and conditions here
in after mentioned and where as the Supplier has deposited with the
Purchaser a sum of Rs_____________________________________________ (Rupees
______________________________________________________________________
only) as Security Deposit for the due and faithful performance of this Agreement,
to be forfeited in the event of the Supplier failing duly and faithfully to perform it.
Now these presents witness that for carrying out the said Agreement in this behalf into
execution the Supplier and the Purchaser do hereby mutually covenant, declare,
contract and agree each of them with the other of them in the manner following, that is
to say,
01. The term "Agreement", wherever used in this connection, shall mean and
include the terms and conditions contained in the invitation to tender
floated by the Purchaser for the supply of Drugs and Medicines to it for the
period from 16.10.2009 - 31.03.2010, the instructions to tenderers, the
conditions of tender, acceptance of tender, particulars hereinafter defined and
those general and special conditions that may be added from time to time.
43
02. (a) The Agreement is for the supply by the Supplier to the Purchaser of the
Drugs and Medicines specified in the Schedule attached hereto at the
prices noted against each therein on the terms and conditions set forth in
the Agreement.
(b) This Agreement shall be deemed to have come into force with effect
from the 1st April 2009 and it shall remain in force for a period of upto
31st March 2010 that date with effect from.
(c) The Tender quantity noted against each item in the Schedule attached
hereto indicates only the probable total requirements of the Purchaser in
respect of each item for the Agreement Period of 12 months indicated
in Clause (b) above. This quantity may increase or decrease at the
discretion of the Purchaser. The Supplier shall make supplies of the
Drugs and Medicines on the basis of the Purchase Orders placed on him
from time to time by the Purchaser specifying the quantities required to
be supplied at the specific District Drugs Warehouse

QUALITY OF THE DRUGS AND MEDICINES TO BE SUPPLIED :

SHELF LIFE OF DRUGS AND MEDICINES TO BE SUPPLIED :

03. (a) The Drugs and Medicines supplied by the supplier shall have
shelf lifes as given below:

(i) In respect of each of the items covered in Schedule 'P' of the


Drugs and Cosmetics Act 1940, the maximum permissible life
period specified in the said Schedule of the said Act.

(ii) In respect of all other items, a period of minimum 2 years from


the date of manufacture.

04. (a) The Drugs and Medicines supplied by the Supplier shall be of the best
quality and shall comply with the specifications, stipulations specified in
the Schedule attached hereto and read with the Conditions of Tender.

(b) In respect of any case, where a sample of the product to be supplied by


the Supplier has been examined and approved by the Purchaser, the
supplies must be equal in all respects to the sample approved by the
Purchaser.

(c) If the shelf life of the drug supplied is less than the period that prescribed
in the tender condition, then the supplier shall take back the stock so
supplied at his cost.

44
PACKAGING SPECIFICATIONS:

05. (a) The stipulations pertaining to Packaging as detailed for each item in
Annexures read with Clause 15 of the "Conditions of Tender" shall be
strictly adhered to by the Supplier.

(b) Final packing shall be done in corrugated Fiber Board Boxes conforming
to the specifications laid down in Annexure VII of the "Conditions of
Tender" with suitable cushioning and lining, strong enough to bear the
rail, road and air transit hazards.
(c) Case wood packing, if used for final packing, shall be of ISI Standard
with suitable preservatives, if these are made of non-coniferous timber.

(d) The packing shall be subject to the approval of the Purchaser.

(e) Goods supplied without conforming to the packaging specifications


noted herein and in the Conditions of Tender, shall be liable to be
rejected by the Purchaser. The Purchaser shall also have the right to
reject any goods whose packaging is in a damaged condition at the time
of delivery.

PLACE AND TIME OF SUPPLY:

06.(a) The supply should be started within 30 days and completed within 60
days from the date of the Purchase Order. The supplies should be made
at the District Drug Warehouses of the KERALA Medical Services
Corporation Limited located at various places in KERALA and / or the
places / points specified in the Purchase Order, by door delivery within
the stipulated time. If, even after 60 days, no supply is received,
emergency order will be made at the risk and cost of the Supplier.
(Penalties shall also be charged on the Supplier as specified in Clause
18.7 of the "Conditions of Tender". Cold chain system of transportation
and storage of vaccines should be ensured till supply at the point of
delivery.
(b) If supplies are not fully completed in 60 days from the date of the
Purchase Order, the provision of clause 18.2 and 18.3 of Tender
conditions will come into force. The Supplier shall suffer forfeiture of
the Earnest Money Deposit / Security Deposit too. The Supplier should
supply the drugs at the Warehouse specified in the Purchase Order
and if the drugs supplied at a Warehouse other than those specified in the
Purchase Order, transport charges will be recovered from the supplier.

(c) If the supplier fails to execute at least 50% of the quantity mentioned in
single Purchase order and such part supply continues for three
consecutive Purchase orders, then the supplier will be ineligible to
participate in any of the tenders for particular items of drugs / medicines
for a period of one year immediately succeeding year in which supplier
has placed Purchase order.
45
QUALITY TESTING:

07 (a) All the Drugs and Medicines supplied by the Supplier shall be
subjected to rigorous Analytical Testing for their quality. Samples of each
batch of each product supplied will be drawn at the points of supply or
distribution / storage and send by the Purchaser to different Analytical
Laboratories selected by him at his discretion for testing. The samples will be
drawn periodically through out the shelf life period. The expenditure towards
the Handling and Testing of such samples will be borne by the Supplier at the
rates fixed by the Purchaser.

(b) If any articles or things supplied by the Supplier have been partially or wholly
used or consumed after supply and are subsequently found to be in bad odour,
unsound, inferior in quality or description or are otherwise faulty or unfit for
consumption, then the contract price or prices of such articles or things will be
recovered from the Supplier, if payment had already been made to him.
Otherwise the Supplier will not be entitled to any payment whatsoever for such
article. For infringement of the stipulations of the contract or for other justifiable
reasons, the contract may be terminated by the Managing Director, Kerala
Medical Services Corporation Limited and the Supplier shall be liable for all
losses sustained by the Purchaser in consequence of the termination which may
be recovered personally from the tender or from his properties, as per rules.

(c) The Supplier shall furnish the source of procurement of raw materials utilized in
the formulations as required by Purchaser. Purchaser reserves the right to cancel
the Purchase Orders, if the source of supply is not furnished.

(d) (i) During the contract period if two batches of a particular


item supplied by the firm fails in ASSAY content then that product of that
particular firm will be blacklisted.

(ii) During the contract period if three batches of the particular item supplied
by the firm fails in quality test in any parameters other than ASSAY content,
mentioned in pharmacopoeia then that product of that particular firm will be
blacklisted.

(iii) In respect of the firm supplying more than one item during the contract
period if more that 50% of the items are blacklisted based on the above process,
then the Firm will be blacklisted.

(iv) In case of any sample in even one batch declared as spurious or


adulterated or misbranded by the Government Analyst, the company will be
blacklisted.

46
REJECTION OF STOCK WHICH FAILS IN QUALITY TESTING:
08. If such sample fails the quality test and on receipt of report from the
Government laboratory, the stock of such batch shall be considered as
confiscated goods and deemed to be rejected. The tenderer will be liable for
appropriate action under the Drugs & Cosmetics Act & Rules. In such cases,
Tender Inviting Authority shall collect demurrage charges calculated at the rate
of 2% per month on the value of the drugs rejected till such time the proceedings
of disposal of drugs declared so is completed. The Tender Inviting Authority, at
his discretion may terminate the Contract and in case of such of termination, the
Supplier shall be liable for all losses sustained by the Tender Inviting Authority
in consequence of such termination, which may be recovered from the Security
Deposit made by the Supplier and / or any other money due or becoming due to
him. In the event of such amounts being insufficient, the balance may be
recovered personally from the Supplier or from his properties as per the
provisions of Law.
INSPECTION OF THE SUPPLIER'S FACTORY:
09. In respect of the items mentioned in the Schedule, the Supplier shall allow
inspection of his factory at any time during the continuance of the Tender period
by a team of Experts / Officials whom the Purchaser may depute for the purpose.
The Supplier shall extend all facilities to the team to enable them to inspect the
manufacturing processes, quality control measures adopted, etc., in the
manufacture of the Contracted items. The Purchaser is free to terminate the
Contract and / or take penal action against the Supplier as per the provisions of
the "Conditions of Tender" on the basis of the results of such inspections.
DIFFERENCES IN COST TO BE RECOVERED FROM SECURITY DEPOSIT
OR AMOUNTS DUE
10. In the event of

(i) The samples of Drugs and Medicines supplied, failing quality tests, or
(ii) The Supplier failing to effect supplies within the time period stipulated in
Paragraph 6 of this Agreement, or
(iii) The stocks supplied being found to be not as per specifications stipulated
in the Schedule attached hereto or in the Tender, in respect of either the
products themselves or their packaging.

The purchaser will be free to make alternative purchases of the Drugs and
Medicines in question from any other source or in the open market or from any
other Tenderer who might have quoted higher rates at the risk and cost of the
Supplier, in addition to levying other penalties specified in "Conditions of
Tender" and forfeiting the Security Deposit made by the Supplier. The excess
expenditure over and above the contracted prices incurred by the Purchaser in
making such purchases from any other source or in the open market or from any
other Tenderer who has quoted higher rates, and other losses, if any, sustained in
the process by the Purchaser shall be recovered from the Security Deposit of the
Supplier or from any money due or becoming due to him and in the event of
such amounts being insufficient, the balance will be recovered personally from
the Supplier as per law.
47
ACCEPTANCE OF DELAYED SUPPLIES AND LEVY OF LIQUIDATED
DAMAGES THEREFORE

11. In all cases where the Supplier fails to complete the supplies of any of the Drugs
and Medicines ordered by the Purchaser within the time specified in Paragraph 6
herein, the Supplier shall be liable to pay to the Purchaser, as and by way of
Liquidated Damages, 0.5% (half percent) of the value of the delayed
supplies for each day of delay in effecting the supply as per condition of Tender.
The levy of such liquidated damages by the Purchaser shall be made irrespective
of the Purchaser having actually suffered any damages / losses or not, on
account of the delay in effecting supplies by the Supplier.

DELAYS IN EFFECTING SUPPLIES DUE TO CIRCUMSTANCES BEYOND


THE CONTROL OF THE SUPPLIER

12. If, at any time during the continuance of this Agreement, the Supplier has, in
the opinion of the Purchaser, delayed in making any supply ordered, by the
reasons of any riots, mutinies, wars, fire, storm, tempest or other exceptional
cause, on a specific request made by the Supplier, the time for effecting
delivery may be extended by the Purchaser surely at his discretion for such
period as may be considered reasonable by the Purchaser. No further
representation from the Supplier will be entertained on this account.

RECOVERY OF MONEY DUE TO THE PURCHASER FROM THE SUPPLIER

13. All expenses, damages and other money payable to the Purchaser by the
Supplier under any provisions of this Agreement may be recovered from the
amounts due or subsequently becoming due from the Purchaser to the Supplier
under this or any other Agreement. In case such amount are insufficient to fully
cover such expenses, damages or other money payable, it shall be lawful for the
Purchaser to recover the balance amount from the Security Deposit of the
Supplier and in case such Security Deposit is insufficient, then it shall also be
lawful for the Purchaser to recover the residue of the said expenses, damages
and money, if necessary, by resorting to legal proceedings against the
Supplier.
AMOUNT OF SECURITY DEPOSIT TO BE MADE BY THE SUPPLIER

14. The Supplier shall deposit with the Purchaser an amount of Rs______________
(as in Tender condition) as Security Deposit as specified in Clause 11 of the
Conditions of Tender for due and faithful performance of the provisions of
this Agreement. Such Security Deposit made by the Supplier is liable to be
forfeited by the Purchaser in the event of the Supplier failing duly and faithfully
to perform any one or more or any part of any one of the said provisions. The
amount of Security Deposit shall be remitted by the Supplier to the Purchaser
by way of a Demand Draft favouring the Managing Director, Kerala Medical
Service Corporation Limited payable at Thiruvananthapuram/Bank Guarantee
for a period of 15 months from the date of execution of the agreement. The
payment for the supplies made by the Supplier will be paid to him only after he
has remitted the required amount of Security Deposit.

48
SUBMISSION OF BILLS FOR SUPPLIES MADE

15. (a) No advance payment towards the cost of Drugs and Medicines
will be made to the Supplier. Payment of cost of the supplies will be
made by the Purchaser based on the reports of Quality Testing and
"Materials Received Certificates" from the designated authorities at the
points of supply as mentioned in the Purchase Order.

(b) All bills / invoices should be raised in triplicate in the name of the
Managing Director, KERALA Medical Services Corporation Limited.
All payments shall be made by way of cheques drawn in favour of the
Supplier and Crossed Account Payee only.

ASSIGNMENT OF CONTRACT PROHIBITED

16. The Supplier shall not, at any time, assign, sub-let or make over the present
Contract or the benefits thereof or any part thereof, to any person or persons
whomsoever.

TERMINATION OF CONTRACT ON BREACH OF CONDITION

17. (a) In case the Supplier fails or neglects or refuses to faithfully perform
any of the Covenants on his part herein contained, it shall be
lawful for the Purchaser to forfeit the amount deposited by the
Supplier as Security Deposit and cancel the Contract.

(b) In case the Supplier fails, neglects, or refuses to observe, perform, fulfill
and keep, all or any one or more or any part of any one of the Covenants,
stipulations and provisions herein contained, it shall be lawful for the
Purchaser on any such failure, neglect or refusal, to put an end to this
Agreement and thereupon every article, cause and thing herein contained
on the part of the Purchaser shall cease and be void, and in case of any
damage, loss, expense, differences in cost or other money than or at any
time during the continuance of this Agreement becoming due or owing
by the Supplier to the Purchaser, it will be opened for the Purchaser to
recover from the Supplier, all such damages, losses, expenses,
differences in cost or other money from out of any money for the time
being payable to the Supplier under this and / or any other Contract
and in case such last mentioned money are insufficient to cover all
such damages, losses, expenses, differences in cost and other money
as aforesaid, it shall be lawful for the Purchaser to appropriate the
Security Deposit made by the Supplier as hereinbefore mentioned
to reimburse all such damages, losses, expenses, differences in
cost and other money as the Purchaser shall have sustained, incurred or
been put to by reason of the Supplier having been guilty of any
such failure, negligence or refusal as aforesaid or other breach in the
performance of this Contract.

49
(c) If at any time during the course of the Contract, it is found that any
information furnished by the Supplier to the Purchaser, either in
his Tender or otherwise, is false, the Purchaser may put an end to the
Contract/ Agreement wholly or in part and thereupon the provisions
of Clause (a) above shall apply.
18. The Purchaser reserves the right to terminate without assigning any reasons
therefore the Contract /Agreement either wholly or in part without any notice to
the Supplier. The Supplier will not be entitled for any compensation whatsoever
in respect of such termination of the Contract / Agreement by the Purchaser.

NOTICES ETC. IN WRITING

19. All Certificates or Notices or orders for time or for extra, varied or altered
supplies which are to be the subject of extra or varied charges whether so
described in the Agreement or not, shall be in writing, and unless in writing,
shall not be valid, binding or be of any effect whatsoever.

SUPPLIERS NOT TO HAVE ANY INTEREST IN THE OFFICERS


CONCERNED AND SUBORDINATES

20. The Supplier shall not be in any way interested in or concerned directly or
indirectly with, any of the Officers, Subordinates or Servants of the Purchaser. In
any trade, business or transactions nor shall the Supplier give or pay or
promise to give or pay any such Officer, Subordinate or Servant directly or
indirectly any money or fee or other consideration under designation of
"Custom" or otherwise; nor shall the Supplier permit any person or persons
whomsoever to interfere in the management or performance hereof under
power of attorney or otherwise without the consent in writing of the Purchaser
obtained in first hand.

BANKRUPTCY OF THE SUPPLIER

21. In case the Supplier at any time during the continuance of the Contract becomes
bankrupt or insolvent or commits any act of bankruptcy or insolvency under the
provisions of any law in that behalf for the time being in force, or should
compound with his creditors, it shall be lawful for the Purchaser to put an end
to the Agreement, and thereupon every article, clause and thing herein
contained to be operative on the part of the Purchaser, shall cease and be
void and the Purchaser shall have all the rights and remedies given to him
under the preceding clauses.

SERVING OF NOTICES ON SUPPLIER

22. All notices or communications relating to or arising out of this Agreement or


any of the terms thereof shall be considered duly served on or given to the
Supplier if delivered to him or left at his premises, place of business or
abode.

50
23. And it is hereby agreed and declared between the parties hereto that in case
any question of dispute arises touching the construction or wording of any clause
herein contained on the rights, duties, liabilities of the parties hereto or any
other way, touching or arising out of the presents, the decision of the
Managing Director, Kerala Medical Services Corporation Limited, in the matter
shall be final and binding.

24. In the event of any disputes between the parties, the disputes would be subject to
the jurisdiction of the Civil Courts within the City of Thiruvananthapuram only.
In witness whereof the Supplier and the Managing Director, Purchaser,
Thiruvananthapuram, acting for and on behalf of the Kerala Medical
Services Corporation Limited, the Purchaser, have set their hands the day,
month and year first above written.

SUPPLIER MANAGING DIRECTOR


KERALA MEDICAL SERVICES
CORPORATION LIMITED
Witness Witness
1.
2.

51
SCHEDULE

(Selected L1 items)

Sl. Drug Name of the Drug Unit L1 Rate Tender Value


Code (Rs.P) Quantity

(Matched L1 items)

Sl. Drug Name of the Drug Unit Quoted Matched Rate


Code Rate

Date: Sd/-
Supplier

52
ANNEXURE - IX
Ref. Clause No. 4(1) (o)

DETAILS OF MANUFACTURING UNIT

Name of the Tenderer & Full Address :

PAN Number :

Phone Nos. :

Fax :

E-Mail :

Date of Inception :

Licence No. & Date :

Issued by :

Valid up to :

53
Details of Installed Production Capacity for 60 days / 1 year
(In Terms of Unit Packs)

Tablets
General

Beta-Lactum

Capsules

General

Beta-Lactum

Injections

Ampoules :

Vials :

I V Fluids

Sterile Powder :

Liquids
Suspension :

Syrups :

Drops :

Ointment :

Powders :

Anticeptics/ Disinfectants :

Name & designation of the authorised signatory :

Specimen signature of the authorized Signatory :

*The details of manufacturing unit shall be for the premises where items quoted are
actually manufactured

54
ANNEXURE - X
Ref. Clause No. 20
PROCEDURE FOR BLACK LISTING

BLACKLISTING OF PRODUCT / TENDER, IF ANY WITHDRAWAL OF


TENDERER
1. The Successful tenderers fail to execute the agreement, to perform the obligations
under the tender conditions and commits default in the performance of the
contract, such tenderers will be blacklisted for a period of 3 years.

2. The tenderers who have withdrawn after participating in the tender will be
ineligible to participate for a period of 3 years.

3. Non performance of any of the contract provisions will disqualify a firm to


participate in the tender for a maximum period of three years.

BLACKLISTING FOR QUALITY FAILURE.


4. Each and every batch of drugs / medicines supplied by the suppliers shall be
subjected to quality test by the laboratories empanelled by the Corporation.

5. The samples are collected from the Warehouses from each batch of supply of the
same drugs and after eliminating the common batch, samples shall be taken in
random, decoded and to be sent to the empanelled testing laboratories for testing
the quality of drugs.

6. If such sample passes quality test in all respects, KMSCL will instruct its
Warehouses to issue such items of drugs to various hospitals / Institutions.

7. If the sample fails in quality test and report is received certifying that sample is
NOT OF STANDARD QUALITY, one more sample shall be drawn from the
same batch and to be sent to Government Laboratory for quality testing.

8. (a) If such sample passes the quality test, the drugs representing the sample
shall be qualified for issue to various Directorates / Institutions.
(b) If such sample fails the quality test and on receipt of report from the
Government laboratory, the particular batch is not qualified for issue and
the supplier shall be informed and the drugs will be deemed as
confiscated goods as per the Drugs & Cosmetics Act 1940 and other
consequences would follow as per the conditions in the Tender
documents.

9. If two batches of particular items supplied by the supplier fail in test for ASSAY
content during the tender period, the particular item of the drug supplied by the
supplier shall be blacklisted, after observing the procedure laid down in Para 13
(a) below.

55
10. If three batches of particular item supplied by the supplier fails in quality test in
parameters (description test and other parameters mentioned in Pharmacopoeia
other than ASSAY) during the tender period, then the particular item of the firm
shall be blacklisted after observing the procedure laid down in Para 13(a) below.

11. When on complaint from Drug Inspector during their Test of field sample, that
the particular drug has been reported to be of NOT OF STANDARD
QUALITY, the issue of available stock of the items will be stopped. Available
stock of the product in hospitals will be retrieved. The particular batch of the
drug is deemed as confiscated good as per Drugs & Cosmetics Act, 1940 and
other consequence would be followed as per Drugs & Cosmetics Act, 1940 by
the concerned authority. In such cases the provisions of clause 16 (5) (6) & (7)
of the tender document shall also be applicable.

12. (a) In case of any sample in even one batch declared as spurious or
adulterated or misbranded by the Government Analyst, the company
shall be blacklisted, after observing the procedure laid down in Para 13
(a) below.
(b) If the supplier supplied more than one item and 50% of such items
during relevant tender period, fail, then the supplier shall be blacklisted,
after observing the procedure laid down Para 12 (a) above.

13. (a) On receipt of report from Govt. Analyst / Drug Testing Laboratory
informing that particular Item / Drug is NOT OF STANDARD
QUALITY, a notice shall be issued to the supplier calling for
explanation within 7 days from the date of notice. On receipt of
explanation from the supplier, the Managing Director, KMSCL may take
appropriate action on merits of the case and impose penalty including the
blacklisting of the particular item of the product / supplier.

(b) If the particular item of the drug has been black listed for the reasons
stated in clause 9 & 10 according to the procedure stated above, the
supplier/s is/are not eligible for participating any of the tenders for the
particular item floated by KMSCL for a period of 3 years immediately
succeeding the period in which supplies were made to KMSCL.

(c) The supplier/s blacklisted for the reasons stated in 12(a) & (b) according
to the procedure stated above are not eligible for participating in any of
the tenders floated by KMSCL for a period of three years immediately
succeeding the period in which supplies were made to KMSCL.

BLACKLISTING FOR NON-SUPPLY:

14. The supplier shall start to supply within 30 days from the date of Purchase Order
and shall complete the supplies within 60 days from the date of Purchase Order as
stated in Tender condition.

56
15. KMSCL will be at liberty to accept the supply made belatedly as per the terms
and conditions of the tender document on imposing the Liquidated damages at
the rate stipulated in conditions of the tender documents.
16.(a) If the suppliers/s fail/s to execute the Purchase order and informs KMSCL about
their inability to execute the order due to act of vis-majeure, then the Managing
Director, KMSCL may pass appropriate order on merits of case.
(EXPLANATION : Increase in the cost of raw materials, Power failure, Labour
strike, Lay off, Closure of the factory would not be considered as act of
vis-majeure.)

(b) If the supplier fails to execute at least 50% of the quantity mentioned in single
Purchase order and such part supply continues for three consecutive Purchase
orders, then the supplier will be ineligible to participate in any of the tenders for
particular items of drugs / medicines for a period of one year immediately
succeeding year in which supplier has placed Purchase order.

Provided that before issue of orders the procedure laid down Para 13(a), as
applicable shall be observed.

The black listing of particular item of the drug/medicine or the supplier is


with out prejudice to the other penalty stipulated in the conditions of
Tender Documents.

PROVISIONS FOR APPEAL

17. A supplier whose product / firm have been blacklisted by the Tender Inviting
Authority may, within 15 days from the date of receipt of such order, appeal to the
State Government. The State Government after such enquiry into the matter, as is
considered necessary and after giving the said supplier an opportunity for
representing his views , may pass such order in relation thereto as it thinks fit.

57
ANNEXURE – XI
Ref. Clause No. 19

PURCHASE POLICY

DEFINITIONS:-

1. Drugs / Medicines means and includes, for the purpose of this Drug Policy
Medicines, Surgical, Sutures and Veterinary items.

2. L1 rate means the rate declared by KMSCL for Drugs / Medicines for the
period mentioned in the tender documents and whose rate has been
considered as L1rate.

3. Matched L1 means the tenderer or tenderers who have consented, in


writing, to match the L1 rate for the particular Drugs / Medicines and
agreed to abide by the terms and conditions of tender documents.

4. LD means liquidated damages levied by the KMSCL for the delay in


supply of the Drugs / Medicines after the expiry of 60 days from the date
of order at the rate mentioned in the tender conditions.

5. Unexecuted fine is the fine imposed for the default committed by the
supplier in supplying the required quantity of Drugs / Medicines as per
the Purchase Order and recovered from any amount due and payable to
the supplier.

6. Purchase Order means the order issued by KMSCL to the supplier


informing to supply the required quantity of the Drugs / Medicines at the
predetermined price and directing the supplier to supply at the designated
destination mentioned in the Schedule accompanying the purchase order.

7. Schedule means the schedule annexed to the Purchase Order issued by


KMSCL, consisting of the quantity of Drugs / Medicines required, cost
of unit of Drugs / Medicines, generic name and code of the Drugs /
Medicines, destination, etc.,.

8. Supplier is a person with whom the Purchase Order is placed and who
has agreed to supply the Drugs / Medicines on abiding by the terms and
conditions of tender document.

ARTICLE 1.

After the conclusion of Price Bid opening (Cover B), the lowest offer of the
tenderer is considered for negotiation and rate arrived after negotiation is
declared as L1 rate and L1 supplier for an item or items of Drugs / Medicines for
which the tender has been invited.

58
ARTICLE 2.

The tenderer who has been declared as L1 supplier shall execute necessary
agreement as specified in the Tender Document on depositing the required
amount as Performance Security and on execution of the agreement such
tenderer is eligible for the placement of Purchase Orders for the item or items of
Drugs / Medicines quoted by him.

ARTICLE 3.

If two or more than two tenderers declared as L1 suppliers for the same item of
Drugs / Medicines, and such tenderers shall execute necessary agreement as
specified in the Tender Document on depositing the required amount as
Performance Security and on execution of the agreement such tenderer is
eligible for the placement of Purchase Orders for the item or items of Drugs /
Medicines quoted by them.

ARTICLE 4.

KMSCL will inform the L1 rate to the other tenderers who were eligible for
Price (Cover B) Bid opening, inviting their consent to match L1 rate for the item
of the Drugs / Medicines quoted by them and the tenderer who has given
consent, in writing, will be considered as Matched L1.

The tender consent for matching L-1 rate shall furnish the breakup details of
Price (L-1 Rate) in Format in Annexure-XIV.

ARTICLE 5.

(a) The L1 supplier is entitled to be placed the Purchase Orders for the item
of Drugs / Medicines and if there are more than one L1 supplier, the
Purchase Orders for the requirement of Drugs / Medicines will be placed
among them in equal proportions, Provided that no L1 supplier is
entitled to be placed Purchase Orders exceeding the production capacity
indicated by the supplier in the agreement executed by them.

(b) The supplier, on receipt of the purchase order deems that the purchase
order exceeds the production capacity declared in the agreement and the
delay would occur in executing the order, shall inform the KMSCL
immediately with out loss of time and the Purchase Order shall be
returned with in 10 days from the date of the order, failing which the
supplier is stopped from disputing the imposition of liquidated damages,
fine for the delayed supply.

59
ARTICLE 6.
(a) If the L1 supplier has failed to supply the required Drugs / Medicines
with in the stipulated time or with in the time extended as the case may
be, KMSCL will cancel the purchase orders pending unexecuted and on
cancellation,
(b) KMSCL will place Purchase Orders with the Matched L1 for purchase of
the Drugs / Medicines, Provided such Matched L1 rate tenderer shall
execute necessary agreement indicating the production capacity as
specified in the Tender Document on depositing the required amount as
Performance Security and on execution of the agreement such tenderer is
eligible for the placement of Purchase Orders for the item or items of
Drugs / Medicines quoted by them.
ARTICLE 7.
Subject to Article 6 of this policy, While KMSCL has chosen to place Purchase
Orders with the Matched L1 supplier and there are more than one such Matched
L1 supplier, then the Purchase Orders for the requirement of Drugs / Medicines
will be placed among them in equal proportions, Provided that no Matched L1
supplier is entitled to be placed Purchase Orders exceeding the production
capacity.
ARTICLE 8.
The Matched L1 supplier, on placement of Purchase Order, will be deemed as L1
rate supplier for the purpose of the tender and all provisions of the tender
documents applicable to L1 rate tenderer will apply mutatis mutantis to the
Matched L1 supplier.
ARTICLE 9.
(a) The supplier shall start supply the Drugs / Medicines required by
KMSCL at the destination mentioned in the schedule, within the period
stipulated in the Purchase Order.
(b) The Drugs / Medicines supplied in excess of the ordered quantity shall
not be accepted and the supplier shall take back the excess at their cost.
KMSCL will not be responsible for the loss to the supplier and will not
entertain any demand/claim.
ARTICLE 10.
(a) The supplier shall, after supply of Drugs / Medicines at the specified
destinations, submit Excise Invoice (Original), Test Report and other
relevant documents etc., at the Head Office, KMSCL claiming payment
for the supply made.
(b) The supplier shall supply the Drugs / Medicines at the specified
destination and submit the copy of excise invoice, copy of the Purchase
order, Delivery Chalan and other relevant documents at the destinations.
ARTICLE 11.
The supplier shall take utmost care in supplying the quality Drugs / Medicines and
ensure that the batch number mentioned in the packages of the Drugs / Medicines
tally with the batch number mentioned in the Invoice produced to KMSCL for
payment. Also the supplier shall ensure the quantity relevant to the Batch Number
of the Drugs / Medicines is mentioned in the invoice. Any variation will delay the
payment for the supply.

60
ARTICLE 12.
It is the duty of the supplier to supply Drugs / Medicines to the destinations
mentioned in the Purchase Order and supply shall conform to the condition
mentioned in the provisions of tender documents, viz., logogram, 'Kerala
Government supply - not for sale' etc.,
ARTICLE 13.

Subject to Article 11 of this Policy, KMSCL will process the invoices submitted
by the supplier and the payments against supply will be made, with in 30 days
from the date the Drugs / Medicines supplied has been declared of STANDARD
QUALITY by the Empanelled laboratory of KMSCL and the supplier has
supplied at least 70% of the quantity ordered.
ARTICLE 14.
If the supplier fails to supply the Drugs / Medicines for the three Purchase
Orders, at any point of time, either fully or partly, with in the stipulated time,
KMSCL is at liberty to place Purchase Orders with the other tenderers ( in
ascending order, viz., L2,L3 and so on ) at the price offered by them and in such
cases the supplier is liable to indemnify KMSCL, WITH OUT ANY DEMUR,
for the difference in cost incurred by KMSCL and the KMSCL is entitled to
recover the difference in cost from the amount due/payable to the supplier.
ARTICLE 15.
Notwithstanding any thing contained in Article 14, the supplier, after
committing the default in supply either partly or fully, can inform KMSCL its
willingness to execute the Purchase Order during the tender period but Article
16 will be applied to the Purchase Orders placed with the other tenderers and
KMSCL may consider the willingness of the supplier on merit.
ARTICLE 16.
Subject to the provisions in the Tender Document, KMSCL will levy Liquidated
Damages, Unexecuted Fine and other levy.
ARTICLE 17.

Subject to the conditions mentioned in the Purchase Order, Tender Document,


Agreement executed by the supplier and this Policy, the Supplier is entitled for
the payment against supply. In case of any discrepancy in levy of LD, Penalty,
Unexecuted Fine, Short Passing of Bills, such discrepancy shall be intimated
with in 15 days from the date of receipt of payment, failing which KMSCL will
not entertain any claim thereafter.

This purchase policy is in addition to, not in derogation of the Tender document
and agreement executed by the supplier.

61
CHECK LIST ANNEXURE – XII Ref. Clause. 4(t)
COVER - A.
1. Checklist – Annexure XII 1 Yes No

2. EMD in the form of DD shall be kept in an Yes No


envelop. Valid SSI certificat for exemption

3. Documentary evidence for the constitutions Yes No


of the company / concern

4. Duly attested photocopy of Licence for the Yes No


product duly approved by the Licencing
authority for each and every product quoted.

5. Duly attested photocopy of Import Licence, Yes No


if imported,copy of original import permit to prove
3 year market standing from Drugs Controller
General India and copies of bill of lading for last
3years.

6. The instruments such as power of attorney, Yes No


resolution of board etc.,

7. Authorization letter nominating a responsible Yes No


person of the tenderer to transact the business with
the Tender inviting Authority.

8. Market Standing Certificate issued Yes No


by the Licensing Authority

9. Notarized copy of record of manufacture / import Yes No


to establish 3 years market standing.

10. Non Conviction Certificate issued by the Yes No


Drugs Controller

11. Good Manufacturing Practices Certificate Yes No


62
12. Annual Turnover Statement for 3 Years Yes No
(Annexure-V)

13. Copies of balance sheet & profit loss Yes No


account for three years

14. Annexure-I Yes No


(Sales Tax clearance certificate)

15. Annexure-II Yes No


(Undertaking for embossment of logo)

16. Declaration Form in Annexure-III Yes No

17. Proforma for Performance Statement Yes No


(Annexure-IV)

18. Details of Manufacturing Unit in Yes No


Annexure-IX

19. WHO, UNICEF, ISO certificates if any Yes No

20. Details of Technical personnel Yes No


employed in the manufacture and testing

21. List of items quoted without rates. Yes No

22. The Tender document signed by the Yes No


tenderer in all pages with office seal.

Place : Signature :
Date : Name in Capital Letters :
Designation :

63
KERALA MEDICAL SERVICES CORPORATION LIMITED ANNEXURE - XIII
TRIVANDRUM Ref-clause.5
RE-TENDER FOR THE AND MEDICINES FOR THE PERIOD FROM 16.10.2009 TO 31.03.2010
Drug code. Name of the item Strength Unit Quantity Manufacturing Rate per Unit * † Total
No. (1) (2) (3) (4) of Supply Capacity (Landed Price) Value
In Units [(5) X (8)]
(5) (8) In figures
60 1 Year In figure In Words
Days (7) (9)
(6)
Rs. P.
D06002 ACTIVATED CHARCOAL POWDER IP 50GM Packet
D10003 DAPSONE TAB IP 50mg 10x10
CARBIDOPA 10MG+LEVIDOPA 100MG
D11002 10MG+ 100MG 10X10
TAB IP
D13019 METOPROLOL INJ BP 5 MG/ML I ML AMP
D16002 PROSTOGLANDINE INJ. 250mcg/ml 1ml Amp
D16005 NYSTATIN VAGINAL PESSARIES 100000 iu 10
D24006 CAP. CYCLOSPORIN USP 25 mg 50 caps
D24025 Interferon Alpha - 2A Inj 3 MIU Vial
ANTI A MONOCLONAL I gM TITRE VALUE
D26002* 10ML
512 (Minimum)
MALARIA ANTIGEN DETECTING CARD
D26006* 1 Unit
TEST
D26007* ANTI H LECTIN 5 ML
ANTI HUMAN SERUM (LISS COOMBS FOR
D26011* 1 TEST
GEL TECHNOLOGY)
D26013 * Leptospira 1g M Capture Elisa( 96 xT) 1 TEST

* The rate quoted at column 8 should be inclusive of all cost.


† In case of discrepancy between the prices quoted in words and in figures, lower of the two will be considered.

Place : Signature :
Name in Capital Letters :
Date : Designation :

64
KERALA MEDICAL SERVICES CORPORATION LIMITED, TRIVANDRUM
ANNEXURE - XIII
Ref-clause.5
RE-TENDER FOR THE AND MEDICINES FOR THE PERIOD FROM 16.10.2009 TO 31.03.2010

Drug code. Name of the item Strength (3) Unit Quantity Manufacturing Rate per Unit * † Total
No. (1) (2) (4) of Supply Capacity (Landed Price) Value
In Units (8) [(5) X (8)]
(5) In figures
60 1 Year In figure In Words (9)
Days (7)
(6)
Rs. P.
D26014 * Dengue 1g M Capture Elisa (Zero type 1,2,3,4) 1TEST
HIV 1&2 ANTIBODY SCREENING – EIA
D26019 * 1 TEST
VISUAL ASSAY
D26020 * ANTI HUMAN GLOBULIN POLY SPECIFIC 5ML vial
FOURTH GENERATION ELISA KIT FOR
D26024 * DETECTION OR P24 ANTIGEN AND 1 TEST
ANTIBODY TO HIV 1+2
LEPTOSPIRA LATEX AGGLUTINATION TEST
D26025* 1 TEST
KIT (RAPID METHOD)
DENQUE LATEX AGGLUTINATION TEST KIT
D26026* 1 TEST
(RAPID METHOD)
D26027* HAV Ig M RAPID VISUAL EIA KIT 1 TEST
S27014 * BP BLADE – 10 Box of 100 1 Pack
S27018* BP BLADE – 21 Box of 100 1 Pack
S27080* SCALP VEIN SET 18 G 1 Unit 1 No
S27081* SCALP VEIN SET 20 G 1 Unit 1 No

* The rate quoted at column 8 should be inclusive of all cost.


† In case of discrepancy between the prices quoted in words and in figures, lower of the two will be considered.

Place : Signature :
Name in Capital Letters :
Date : Designation :

65
KERALA MEDICAL SERVICES CORPORATION LIMITED ANNEXURE - XIII
TRIVANDRUM Ref-clause.5
RE-TENDER FOR THE AND MEDICINES FOR THE PERIOD FROM 16.10.2009 TO 31.03.2010

Drug code. Name of the item Strength Unit Quantity Manufacturing Rate per Unit * † Total
No. (2) (3) (4) of Supply Capacity (Landed Price)(8) Value
(1) In Units [(5) X (8)]
(5) In figures
60 1 Year In figure In Words
Days (7) (9)
(6)
Rs. P.
S27082* SCALP VEIN SET 22 G 1 Unit 1 No
S27083* SCALP VEIN SET 24 G 1 Unit 1 No
S27095* URINE COLLECTING BAG WITH VALVE OUTLET 2 LITRE 1 No
CAT GUT CHROMIC 3-0 1/2 12MM Needle Reverse
S27113* Box of I2
Cut 76 Cm
S27116* CATGUT No.1 with Needle Box of I2
S27117* CATGUT No.1/0 with Needle Box of I2
S27118* CATGUT PLAIN BP 1-0 152 Cm Box of 12
S27119* CATGUT PLAIN BP, 2-0 152 Cm Box of 12
S27120* CATGUT ATROMATIC No.1, RB, 63 mm
S27121* CATGUT ATROMATIC 1-0, RB, 63 mm
S27122* CATGUT CHROMIC 1-0, RB, 3/8 Circle, 76 cm, 45 mm
S27145* SURGICAL SILK 1/2 Circle Tapercut 17mm 4-0 Box of 12
S27150* SUTURE PACK SILK No 1 Box of 12
* The rate quoted at column 8 should be inclusive of all cost.
† In case of discrepancy between the prices quoted in words and in figures, lower of the two will be considered.
Place : Signature :
Name in Capital Letters :
Date : Designation :

66
KERALA MEDICAL SERVICES CORPORATION LIMITED ANNEXURE - XIII
TRIVANDRUM Ref-clause.5
RE-TENDER FOR THE AND MEDICINES FOR THE PERIOD FROM 16.10.2009 TO 31.03.2010

Drug code. Name of the item Strength Unit Quantity Manufacturing Rate per Unit * † Total
No. (2) (3) (4) of Supply Capacity (Landed Price)(8) Value
(1) In Units [(5) X (8)]
(5) In figures
60 1 Year In figure In Words
Days (7) (9)
(6)
Rs. P.
S27151* SUTURE PACK SILK No 1-0 Box of 12
S27152* SUTURE PACK SILK No 2 Box of 12
S27153* SUTURE PACK SILK No 2-0 Box of 12
S27154* SUTURE PACK SILK No 3-0 Box of 12
S27155* POLYGLYCOLIC ACID No. 1, 1/2 Circle, 40MM, 90 cm Box of 12
POLYGLYCOLIC ACID 1-0, Round Body, 1/2 Circle, 40
Box of 12
S27157* mm, 150 cm
Virgin Silk 8/0 3/8 Circle Micro Point Spatulated 6mm
Box of 12
S27165* Needle
D21020 I.V. GAMAGLOBULIN 2.5 Mg Vial
D21018 INSULIN SYRINGE WITH FIXED NEEDLE(29 G) 1No

* The rate quoted at column 8 should be inclusive of all cost.


† In case of discrepancy between the prices quoted in words and in figures, lower of the two will be considered.
Place : Signature :
Name in Capital Letters :
Date : Designation :

67
KERALA MEDICAL SERVICES CORPORATION LIMITED, TRIVANDRUM
RE-TENDER FOR THE AND MEDICINES FOR THE PERIOD FROM 16.10.2009 TO 31.03.2010
Annexure-XIV
Ref. Clause 5
Break up of Landed price per unit
Basic Total
Price landed
Inclusive Freight Price
Tender of Packing & Excise Insurance Sales Tax (4+5+6
code. Name of the Drug Incidental Forwarding Duty Charges Applicable +7+8)
No. Strength Services Charges
(1) (2) (3) (4) (5) (6) (7) (8) (9)
ACTIVATED CHARCOAL POWDER
D06002 50GM
IP
D10003 DAPSONE TAB IP 50mg
CARBIDOPA 10MG+LEVIDOPA 10MG+
D11002
100MG TAB IP 100MG
D13019 METOPROLOL INJ BP 5 MG/ML
D16002 PROSTOGLANDINE INJ. 250mcg/ml
D16005 NYSTATIN VAGINAL PESSARIES 100000 iu
D24006 CAP. CYCLOSPORIN USP 25 mg
D24025 Interferon Alpha - 2A Inj 3 MIU
ANTI A MONOCLONAL I gM TITRE
D26002* 10ML
VALUE 512 (Minimum)
MALARIA ANTIGEN DETECTING
D26006* 1 Unit
CARD TEST
D26007* ANTI H LECTIN 5 ML
ANTI HUMAN SERUM (LISS
D26011* 1 TEST
COOMBS FOR GEL TECHNOLOGY)
D26013 Leptospira 1g M Capture Elisa( 96
1 TEST
* xT)
Note: The firms shall indicate the break up prices at Column 4 to 8 and 9 separately and wording like
“Included” shall not be substituted for the same. 68
KERALA MEDICAL SERVICES CORPORATION LIMITED, TRIVANDRUM
RE-TENDER FOR THE AND MEDICINES FOR THE PERIOD FROM 16.10.2009 TO 31.03.2010
Annexure-XIV Ref. Clause 5
Break up of Landed price per unit
Basic Total
Price Freight landed
Inclusive Insuranc Price
Tender of Packing & Excise e Sales Tax (4+5+6
code. Name of the Drug Incidental Forwarding Duty Charges Applicable +7+8)
No. (2) Strength Services Charges
(1) (3) (4) (5) (6) (7) (8) (9)
D26014
Dengue 1g M Capture Elisa (Zero type 1,2,3,4) 1TEST
*
D26019 HIV 1&2 ANTIBODY SCREENING – EIA VISUAL
1 TEST
* ASSAY
D26020 ANTI HUMAN GLOBULIN POLY SPECIFIC 5ML
*
FOURTH GENERATION ELISA KIT FOR
D26024
DETECTION OR P24 ANTIGEN AND ANTIBODY TO 1 TEST
*
HIV 1+2
LEPTOSPIRA LATEX AGGLUTINATION TEST KIT
D26025* 1 TEST
(RAPID METHOD)
DENQUE LATEX AGGLUTINATION TEST KIT
D26026* 1 TEST
(RAPID METHOD)
D26027* HAV Ig M RAPID VISUAL EIA KIT 1 TEST
S27014
BP BLADE – 10 Box of 100
*
S27018* BP BLADE – 21 Box of 100

S27080* SCALP VEIN SET 18 G 1 Unit

S27081* SCALP VEIN SET 20 G 1 Unit

Note: The firms shall indicate the break up prices at Column 4 to 8 and 9 separately and wording like
“Included” shall not be substituted for the same.

69
KERALA MEDICAL SERVICES CORPORATION LIMITED, TRIVANDRUM
RE-TENDER FOR THE AND MEDICINES FOR THE PERIOD FROM 16.10.2009 TO 31.03.2010

Annexure-XIV
Ref. Clause 5
Break up of Landed price per unit
Basic Total
Price landed
Inclusive Freight Price
Tender of Packing & Excise Insurance Sales Tax (4+5+6
code. Incidental Forwarding Duty Charges Applicable +7+8)
No. Name of the Drug Strength Services Charges
(1) (2) (3) (4) (5) (6) (7) (8) (9)
S27082* SCALP VEIN SET 22 G 1 Unit
S27083* SCALP VEIN SET 24 G 1 Unit
S27095* URINE COLLECTING BAG WITH VALVE OUTLET 2 LITRE
CAT GUT CHROMIC 3-0 1/2 12MM Needle Reverse Cut
S27113*
76 Cm
S27116* CATGUT No.1 with Needle
S27117* CATGUT No.1/0 with Needle
S27118* CATGUT PLAIN BP 1-0 152 Cm
S27119* CATGUT PLAIN BP, 2-0 152 Cm
S27120* CATGUT ATROMATIC No.1, RB, 63 mm
S27121* CATGUT ATROMATIC 1-0, RB, 63 mm
S27122* CATGUT CHROMIC 1-0, RB, 3/8 Circle, 76 cm, 45 mm
S27145* SURGICAL SILK 1/2 Circle Tapercut 17mm 4-0
S27150* SUTURE PACK SILK No 1

Note: The firms shall indicate the break up prices at Column 4 to 8 and 9 separately and wording like
“Included” shall not be substituted for the same.

70
KERALA MEDICAL SERVICES CORPORATION LIMITED, TRIVANDRUM
RE-TENDER FOR THE AND MEDICINES FOR THE PERIOD FROM 16.10.2009 TO 31.03.2010

Annexure-XIV
Ref. Clause 5
Break up of Landed price per unit
Basic Total
Price landed
Inclusive Freight Price
Tender of Packing & Excise Insurance Sales Tax (4+5+6
code. Incidental Forwarding Duty Charges Applicable +7+8)
No. Name of the Drug Strength Services Charges
(1) (2) (3) (4) (5) (6) (7) (8) (9)
S27151* SUTURE PACK SILK No 1-0
S27152* SUTURE PACK SILK No 2
S27153* SUTURE PACK SILK No 2-0
S27154* SUTURE PACK SILK No 3-0
S27155* POLYGLYCOLIC ACID No. 1, 1/2 Circle, 40MM, 90 cm
POLYGLYCOLIC ACID 1-0, Round Body, 1/2 Circle, 40
S27157* mm, 150 cm
Virgin Silk 8/0 3/8 Circle Micro Point Spatulated 6mm
S27165* Needle
D21020 I.V. GAMAGLOBULIN 2.5 Mg
D21018 INSULIN SYRINGE WITH FIXED NEEDLE(29 G)

Note: The firms shall indicate the break up prices at Column 4 to 8 and 9 separately and wording like
“Included” shall not be substituted for the same.

71

Related Interests