Download as pdf or txt
Download as pdf or txt
You are on page 1of 85

GOVERNMENT OF TELANGANA

e - TENDER DOCUMENT
For The Procurement of
General Consumables, Specialty Consumables, Devices, Sutures
and miscellaneous items under Rate Contract for a period of Two
Years
From: Direct Manufacturers , Authorized Distributors&
Direct Importers.
Tender No: 5/2022/Surgical/MW/TSMSIDC, Dt.03.09.2022

TELANGANA STATE
MEDICAL SERVICES & INFRASTRUCTURE
DEVELOPMENT CORPORATION
( An Enterprise of Government of Telangana )
Hyderabad, TELANGANA - 500095
Phone : 040-40032555
Visit Us at : https://tender.telangana.gov.in
e - mail : md_msidc@telangana.gov.in
tsmsidcmd@gmail.com
gmdrugs-msidc@telangana.gov.in

Page:
TABLE OF CONTENTS
SL. PAGE
DESCRIPTION
No. No.
1. SECTION – I 5
2. 1. Introduction. 5
3. SECTION- II 8
4. 2. General Definitions/Explanations. 8
5. SECTION- III 11
6. 3. Tender Schedule. 11
7. 3.1. Schedule Of Dates For Tender Events. 11
8. SECTION- IV 12
9. 4. Material Required. 12
10. 4.2. Delivery Period. 12
11. SECTION- V 13
12. 5. Pre-Qualification Criteria. 13
13. 5.1. Eligibility. 13
14. 5.2. Proof Of Eligibility. 15
15. SECTION- VI 16
6. Statement Of Important Limits/Values Related 16
16.
To Bid.
17. SECTION- VII 17
18. 7. Bidding Procedure. 17
19. 7.1. Bid Submission. 17
20. 7.2. Pre- Qualification Bid Documents. 17
21. 7.3. Technical Bid. 17
22. 7.4. Financial Bid. 18
23. 7.5. Pre-Bid Meeting. 18
24. SECTION- VIII 18
25. 8. Bid Evaluation Procedure. 18
26. 8.1. Opening Of Bids. 18
27. 8.2. Objection By Bidders. 18
28. 8.3. Pre-Qualification Bid Evaluation. 18
29. 8.4. Technical Bid & Sample Evaluation. 18
30. 8.5. Financial Bid Evaluation. 19
31. SECTION- IX 19
32. 9.1. General Eligibility. 19
33. 9.2 . Bid Forms And Language Of Bid. 19
34. 9.3. Cost Of Bidding. 19
35. 9.4. Clarification Of Bidding Documents. 19
36. 9.5. Amendment Of Bidding Documents. 20
37. 9.6 . Period Of Validity Of Bids. 20
38. 9.7. Submission Of Bids. 20
39. 9.8. Deadline For Submission Of Bids And Hard Copies. 20
40. 9.9. Late Bids And Hard Copies. 21

Tender No.5/ 2022 Page: 2


41. 9.10. Modification And Withdrawal Of Bids. 21
42. 9.11. General Business Information. 21
43. 9.12. Bid Security I.E. Earnest Money Deposit (EMD). 21
44. 9.13. Preparation Of Pre-Qualification Bid. 22
45. 9.14. Preparation Of Technical Bid. 22
46. 9.15. Preparation Of Financial Bid. 22
47. SECTION- X 23
48. 10. Procedure For Opening And Evaluation Of Bids. 23
49. 10.1. Out Line Of Bid Opening Procedure. 23
50. 10.2.
General Guidelines For Bid Opening And 23
Evaluation.
51. 10.2.1. Opening Of Bids. 23
52. 10.2.2. Preliminary Examination Of Bids. 23
53. 10.2.3. Clarification Of Bids. 24
54. 10.2.4. Evaluation Of Pre - Qualification Bids. 24
55. 10.2.5. Evaluation Of Technical Bids. 24
56. 10.2.6. Evaluation Of Financial Bids. 24
57. 10.2.7. Evaluation And Comparison Of Financial Bids. 25
58. SECTION- XI 25
59. 11.1. Contacting TS MSIDC. 25
60. 11.2. TS MSIDC’s Right To Vary Quantities At The Time 25
Of Award.
61. 11.3. TS MSIDC’s Right To Accept Any Bid And To Reject 25
Any One Or All Bids.
62. 11.4. Notification Of Award. 25
63. 11.5. Signing Of Contract. 26
64. 11.6 Corrupt, Fraudulent And Unethical Practices. 27
65. 11.7 Anti-Corruption Guidelines with respective 28
procurement under WBG’S investment project
66. SECTION- XII 29
67. 12. General Conditions Of Proposed Contract (GCC). 29
68. 12.1. Application. 29
69. 12.2. Standards. 29
70. 12.3. Use Of Documents And Information. 30
71. 12.4. Performance Security. 30
72. 12.5. Inspection And Quality Test Certificate. 30
73. 12.6. Quality Testing Of Each Batch. 31
74. 12.7. Blacklisting Of Item. 31
75. 12.8. Blacklisting Of Firm. 32
76. 12.9. Suspension Of RC Item And further Procurement. 32
77. 12.10. Inspection Of Manufacturing Facility. 32
78.
79. SECTION- XIII 33
80. 13.A. Labeling & Packing. 33
81. 13.1. Accepted Deficiencies/ Damages & Penalty. 34
82. 13.2. Delivery Of Goods/Services. 35

Tender No.5/ 2022 Page: 3


83. 13.3. Insurance. 35
84. 13.4. Transportation. 35
85. 13.5. Payments & Deductions. 35
86. 13.6. Prices. 36
87. 13.7. Modified Orders. 37
88. 13.8. Contract Amendment. 37
89. 13.9. Assignment. 37
90. 13.10. Sub- Contracts. 37
91. 13.11. Liquidated Damages. 37
92. 13.12. Termination For Default. 38
93. 13.13. Force Majeure. 38
94. 13.14. Termination For Insolvency. 38
95. 13.15. Termination For Convenience. 38
96. 13.16. Resolution Of Disputes. 39
97. 13.17. Governing Language. 39
98. 13.18. Applicable Law. 39
99. 13.19. Notices. 39
100. 13.20. Taxes And Duties. 39
101. 13.21. Patent Rights. 40
102. 13.22. Saving Clause. 40
103. 13.23. Jurisdiction. 40
104. SECTION- XIV 40
105. 14. Special Conditions. 40
106. Annexure – 1A Addresses Of Central Medicine Stores. (Two Parts). 41
107. Annexure – 1B Packing Specifications. 42
108. Annexure – 1C Designs For Logogram on primary packing. 44
109. Annexure – 2C Labeling on Secondary & Tertiary packing. 45
110. Annexure – 1D Declaration of Responsibility. 49
111. Annexure – 2D Declaration Of Non – Conviction/Blacklist. 50
112. Annexure – 3D Declaration Of GMP. 51
113. Annexure – 4D Declaration Form Of Price. 52
114. Annexure – 5D Declaration To Submit Analytical Report With 53
Consignment.
115. Annexure – 6D Declaration For Maintaining Cold Chain. 54
116. Annexure – 7D Declaration To Print Logograms. 54
117. Annexure – 1F Form for Bid Security (Earnest Money Deposit) . 55
118. Annexure – 2F Form for Performance Security. 56
119. Annexure – 3F Form of Authorization . 57
120. Annexure – 4F Form of Nomination . 58
121. Annexure – 5F Form of Bid Letter. 59
122. Annexure – 6F Form for Contract. 60
123. Annexure – 7F Manufacturer Authorization 62
124. Form – P1 Details Of Bidding Firm. 63
125. Form – P2 Annual Turn Over Statement. 64

Tender No.5/ 2022 Page: 4


Past Performance For Last Three Financial 65
126. Form – P3
Years.
127. Form – P4 Installed Production Capacity For 30 Days. 66
128. Form – P5 Bank Details Of The Bidder. 67
129. Annexure – 7 Check List. 68
130. Annexure – 8 Model Price Bid Format . 72
131. Annexure – 9 Table of Requirement. 73
132. Annexure – 10 Page Number Details of Certain Online documents. 74
133. Annexure – 11 Details of the Quoted items 75
134. Annexure – 12 Declaration under section 194Q of Income Tax Act 1961 76
135. Annexure – 13 Undertaking to permit to inspect all accounts and to 77
refrain from fraud and corruption
SECTION – I
1. INTRODUCTION :

1.1. The Telangana State Medical Services & Infrastructure Development


Corporation is an Enterprise of the Government of Telangana for providing
various services to the health care institutions under the Department of
Health and Family Welfare, Government of Telangana. One of the key
objectives of the TSMSIDC is to act as the central procurement agency for all
Essential & Additional Surgical & Consumables, and Schemes items. This
tender is an e-tender and only on-line bid submission is possible. If your
firm is interested in participation, please visit e-tender portal
(https://tender.telangana.gov.in).
1.2. Bidders would be required to register on the e-Procurement Platform at
https://tender.telangana.gov.in and submit Bids Online. Offline bids shall
not be accepted. Bids submitted online and supported by offline documents
will ONLY be considered.
1.1. The Bid should be typewritten and every correction and interlineations in the
bid should be attested with full signature by the Bidder. Bidders need to
scan and upload all the “ Relevant Required Original Documents ” as per
the check list given in Annexure - 7. The attested copies of these uploaded
documents must be submitted offline to TS MSIDC on or before the date
indicated in bid document. Bidders should upload the documents in jpg /
PDF Format. Uploaded Documents should have Page Numbers.
1.3. Bidders must pay Bid processing fee (Non-refundable) as indicated in Bid
document to be paid either in the form of Demand Draft in favour of
Managing Director, TSMSIDC or by Online /NEFT/RTGS to TSMSIDC
Bank Account. In absence of such fee, bid will be treated as non- responsive
and accordingly rejected. Further , the bidder shall bear all costs associated
with the preparation and submission of bid , and the Managing Director TS
MSIDC , Hyderabad here in after referred as “ The Purchaser ” , will no case
be responsible or liable for these costs, regardless of the conduct or outcome
of the bidding process.
1.4. Bidder shall also pay a non-refundable transaction fee to M/s Telangana
State Technology Service, the service provider for e-Procurement Platform, as
per Government Orders from time to time.
1.5. Bidder should submit attested copies of documents related to the
instruments such as constitution of the company/ firm; Memorandum of

Tender No.5/ 2022 Page: 5


Association /Articles of Association , partnership deed , power of attorney ,
resolution of board etc., The merger/ amalgamation /transfer of business
/transfer of assets/share in sister concern /share in joint venture/spin off
etc. of a firm which affect the bid condition relating to “Turnover” in
preceding years. The eligibility of a bidder in such cases shall be ascertained
by the Technical Evaluation Committee on the basis of the above stated
agreement /BOD resolution /CA Certificate or any other supportive
document (s) annexed with the tender documents and the Decision of the
Technical Evaluation Committee shall be Final.
1.6. Any Change in the pattern of ownership of the bidder/supplier must be
notified to the Managing Director TS MSIDC forthwith along with necessary
documents.
1.7. Authorization Letters Nominating responsible persons on behalf of the
bidder to transact the business with the Tender Inviting Agency TS MSIDC
should be submitted in the Prescribed Formats. It should be duly signed by
the Authorized signatory of the Company/Firm and such Authorized
person’s Latest Photograph and Specimen signatures are to be provided .
Authorized person Preferably may be Exclusive for the Manufacturer/Direct
Importer or Authorized Distributor.
1.8. Bidders must sign all the documents, statements and certificates uploaded,
owning responsibility for their correctness and authenticity. The tender
document should be signed by the bidder in all pages with office seal and
should be “ Serially Numbered ”.
1.9. Purchaser shall not hold any risk and responsibility for loss of
data/files/documents/visibility/readability during uploading of the scanned
documents or any other problem encountered by bidder while submitting bid
online. The bidder is expected to examine all instructions, forms, terms and
specifications in the bidding documents. Failure to furnish all information
required by the bidding documents or submission of a bid not substantially
responsive to the bidding documents in every respect will be at the bidders
risk and may result in rejection of its bid.
1.10. Purchaser shall not be responsible for any postal delay or delay due to any
other reason in submitting hard copies.
1.11. There is a tendency among some bidders to submit bids deficit of some
documents. Bidders are cautioned that bids devoid of proper documents or
adequate information are liable to be rejected . Tender may be rejected if it is
not submitted by the date/time prescribed for acceptance and any of the
documents listed are either not attached or attached but they are not in
proper form/properly attested /not signed by authorized /competent person.
Tender is also likely to be rejected if instructions for filing up the tender
/submission of quotations annexed herewith, are not fully and properly
adhered to.
1.12. Bids of firms who have furnished all the required documents for each of the
product quoted, alone will be considered. A firm quoting for more than one
product and if the required/proper document is not furnished for any of the
product then offer of that product will be rejected. Utmost care should be
taken to see that all the required/proper documents are uploaded as there
will be no further chance for rectifying the defects/furnishing the missing
documents. However, the shortfall documents / missing documents
obtained prior to tender closing date / historical data etc, except Tender

Tender No.5/ 2022 Page: 6


Processing Fee and EMD will be accepted through offline within 2 days from
the date of intimation
1.13. Inspections of manufacturing units of bidders prior to acceptance of bid or
at any stage before or after award of contract will be at the discretion of the
Corporation. The track record of the bidder in the field of institution supplies
shall also be verified. Report of non compliance of GMP norms specified
under Schedule M of the Drugs and Cosmetics Rules in respect of
Drugs/Surgical Items as on the date of inspection will lead to the
disqualification of the firm, even if the firms are holding valid GMP
certificates.
1.14. A pre-bid meeting will be held at Hyderabad as scheduled in the tender
document to inform the requirements of the current year's tender.
1.15. Amendments in the terms and conditions of the Tender Documents may be
necessitated before the opening of Technical Bid on the basis of feedbacks
obtained from pre-tender meeting and on expert advice on the feedbacks.
1.16. All supplies shall be accompanied with the certificates of analysis from the
in-house testing laboratory or Drugs Control Authority approved laboratories
/NABL accredited drugs testing laboratory/Central Drug Testing Laboratory
in respect of every batch of drug/surgical supplied and Relevant Quality
Certificate in respect of Other materials and items supplied . Supplies devoid
of such reports will not be taken into stock and payments will not be made.
Suppliers will be required to take back the supplies and will be deemed as
defaulters in respect of the supply and shall be liable for penalties applicable
for non-supplies. It is the onus of the manufacturer and supplier of Drugs
/Surgical items under the Drugs and Cosmetics Act and Rules to produce
and supply drugs of Standard Quality and adopt suitable measures as
prescribed by the law to achieve the object. The suppliers will have the
obligation to incur the penalties as proposed in the tender, if the supplies
are found to be defective. The supplier may also be liable for criminal
procedures as may be initiated if Drugs/Surgical Items are supplied in
violation of any of the provisions of the Drug Laws. The bidder will also be
liable for disqualification from the tenders of the Corporation.
1.17. Short-supplies/ Delayed supplies etc. are matters that involve penalties and
payments will be delayed and reduced to the extent the penalties may
necessitate. Suppliers are therefore in their own interest, the interests of the
Corporation and the general interests of the Public are required to make
timely supplies complying with all specifications of Quality including
packaging and quantity.
1.18. Since the Drugs/Surgical procured are meant for treatment of precious
human life in Government hospitals, it is our endeavor to ensure that only
Quality Drugs/Surgical items are procured and supplied. In order to ensure
the Quality of the Drugs/Surgical items supplied by the firms during the
course of the tender period, multiple samples will be forwarded to Testing
laboratories. The Corporation would be getting the Drugs/Surgical items
/Other Materials and Items tested at random at different stages, at
discretion. The Corporation attaches paramount importance to the Quality of
all the items supplied and will not compromise.
1.19. If on testing in the laboratory or other verifications the Drug/Surgical or
other materials/items are found to be of inferior quality or not complying
with the parameters of quality including packaging or any of the provisions

Tender No.5/ 2022 Page: 7


of the law the Said Items supplied will be refused/rejected and the supplier
will be liable to repay the amount paid and make good, the other losses as
may be applicable.
1.20. Where any Drug/Surgical is found to be Not of Standard Quality or
Misbranded or Adulterated or Spurious or otherwise contravenes the
provisions of the Drugs and Cosmetics Act or Rules, & in case of other items
if are found to be deviating from the prescribed specifications, the payments
for the entire supply of the batch(s) concerned will be withheld or recovered.
However, if the Tender Inviting Authority finds the supplier to be an
unreliable party by virtue of the violations of the law or of the contract as the
case may be, the TIA may terminate the contract and also may black list the
supplier. The suppliers shall be solely responsible for ensuring the Quality of
the item even during transportation.
1.21. The packaging materials used for primary and secondary packaging shall be
of such nature that the quality of the drug/surgical contained is preserved
throughout its life period.
1.22. The storage requirements for Items falling under the definition “Drug”, stated
on the labels shall be in accordance with the provisions of the Drugs and
Cosmetics Rules Only .
1.23. Quality Assurance goes together with Quality Control and it is the onus of
the bidder to ensure not only proper Quality Control but also total Quality
Assurance.
1.24. The money spent by the Corporation is public money and hence accountable.
All decisions will be published from time to time on the website
https://tender.telangana.gov.in. Bidders could prefer appeal to the Government
against all decisions of the Corporation if aggrieved.
1.25. Source of funds- Govt. of Telangana budget allocations & NHM funds.
1.26. At any time prior to the date of submission of Tender, Tender Inviting
Authority may, for any reason, whether on its own initiative or in response to
a clarification requested by a prospective Tenderer, may modify the condition
in Tender documents by an amendment. All the prospective Tenderers who
have purchased the tender document will be notified of the amendment in
writing 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 discretion, extend the date and time for submission of
tenders.
1.27. The details of the required Surgical Items, etc., are shown in Annexure. The
tender quantity mentioned herein is not a fixed procurement quantity and it
is only a tentative requirement and may be increased or decreased by the
TSMSIDC, at its discretion, depending on the actual need. The Clause 7.5.3
of the Manual of Procurement of Goods, 2022 by the Ministry of Finance is
not applicable because it is a rate contract. Though the tentative quantity is
indicated in the agreement, the TSMSIDC, will confirm the actual
requirement then and there only through purchase order(s). The tenderers
shall supply the Surgical Item only on the basis of the purchase order issued
by the TSMSIDC. Any supply without a valid purchase order will not be
accepted by TSMSIDC, for payment and the TSMSIDC, shall not be
responsible for any loss on this account.

Tender No.5/ 2022 Page: 8


SECTION- II

2. GENERAL DEFINITIONS / EXPLANATIONS :

2.1 Government - means - Government of Telangana, represented by The


Principal Secretary., Health, Medical & Family Welfare, Telangana State.

2.2 Tender Inviting Agency (TIA) - is the Managing Director of the TSMSIDC, who
invites and finalizes bids and ensures supply of the drugs/surgical items
procured under this Tender Document. The term shall include such other
officials to whom any of the powers of the Managing Director are delegated.
2.3 Tender Document - means the document published by the Tender Inviting
Authority containing the data identifying the article to be purchased, the
quantity and delivery, and which includes designs, specifications, quality
requirements and general conditions which will govern the contract on
acceptance of a bid.
2.4 Rate Contract - means contract for the supply of an approximate quantity of
items at a specified price during a certain period.
2.5 e - tender - The process of notifying/ floating tender and pursuing actions of
tender opening online.
2.6 Tendered quantity - means the approximate quantity of items intended for
supply to the user institutions as mentioned in the Tender Document, in
respect of which the rates have to be quoted. Tender Inviting Agency reserves
the right to increase or decrease the tendered quantity on the basis of the
actual needs or as per the directions of the government, fund availability etc.
or otherwise, the quantity of goods without any increase in the unit price
and other terms & conditions quoted by the bidder.
2.7 Blacklisting/ debarring - the event occurring by the operation of the
conditions under which the bidders will be prevented from participating in
the future bids of Tender Inviting Agency for a period up to 3 years, the
period being decided on the basis of number /nature of violations in the
tender conditions and the loss/ hardship caused/ likely to be caused to the
Tender Inviting Agency, on account of such violations, generally relating to
supply of substandard, misbranded, adulterated or spurious Drugs
/Surgical/ Other Materials/ Items /Products manufactured/ imported in
contravention of any of the laws of the land or any of the Prescribed
Standards and for indulging in fraudulent practices or having indulged in
fraudulent practices at the time of making the bid or at any time during the
validity of the tender or the contract thereof. The term will include, among all
other things, making false/misleading declarations, statements, presenting
false/ misleading/ fabricated/ forged document(s),trying to influence/affect/
stall the tender/ procurement/ payment processes in any way, making
false/ baseless complaint about other bidders or bids or products or any
person/organization/related to the tender activities etc and such activities
as specified in this Tender Document. Blacklisting/debarring etc. by other
State /Central Government departments / agencies shall also be ground for
blacklisting by the TIA.

Tender No.5/ 2022 Page: 9


2.8 Drug / Surgical Item - means and includes, substances defined as “ Drug ”
in the Drugs and Cosmetics act 1940 including Medical Devices.
2.9 Factory Inspection - The factory premises and related facilities and
documents shall be open for inspection at the discretion of the TIA at any
stage after presentation of bid or award of contract.
2.10 Infirmities / Deviations - means non-compliance of any of the requirement
specified in the Tender Document.
2.11 L1 rate - means the lowest rate declared by the Tender Inviting Agency for
products mentioned in this Tender Document.
2.12 Matched L1 rate - means the rate of the bidder or bidders who have
consented, in writing, to match with the L1 rate for the particular product
and agreed to abide by the terms and conditions of the Tender Document.
2.13 Liquidated Damages - means penal charges levied by the Tender Inviting
Agency for the delay in supply of the products after the expiry of stipulated
period mentioned in the supply conditions of the tender at the rate
mentioned therein.
2.14 Risk & Cost Value - is the additional cost incurred by the TIA in making
alternate purchases of the quantity defaulted by the supplier from other
sources at a higher cost.
2.15 Penalty for Non-execution - is the fine imposed for the default committed by
the supplier in the form of short-supply or non-supply of the quantity of the
product ordered to the designated destination as per the Purchase Order.
2.16 Letter O f Intent / Notification of Award - is an intimation informing the
successful bidder, the approximate quantity for which the Tender is awarded
and requiring the bidder to execute agreement in the prescribed format
within a specified time.
2.17 Purchase Order ( PO ) - means the order issued by the Tender Inviting Agency
to the supplier informing to supply the required quantity of the
Drugs/Surgical Items or other Materials at the contract price and requiring
the supplier to supply at the various designated destinations mentioned in
the Supply Schedule accompanying the PO.
2.18 Supply Schedule - means the schedule for supply of product which shall be
adhered to, for supply unless altered with mutual consent on the basis of
the movement /consumption of products, exigencies and other reasons
suiting the requirements of TIA.
2.19 Basic unit - means the smallest unit of the drugs/surgical/other materials to
be made. (The rate to be quoted for the basic unit as prescribed in Annexure
- 9.)
2.20 Supplier - is a person/firm/company or other(s) to whom Purchase Order is
placed on fulfilling the qualification criteria and terms and conditions laid
down in the Tender Document.
2.21 Laboratory – Drug testing laboratory approved under the Drugs and
Cosmetics Act to test the Drugs/Surgical Items purchased by TSMSIDC,
selected by the Tender Inviting Agency either through open tender process or
by expression of interest or otherwise for the purpose of conducting
analytical testing of drugs supplied by the suppliers. /Any Other

Tender No.5/ 2022 Page: 10


Government Drugs Testing Laboratory or any Laboratory meant for testing
the other Purchased Materials, Items or Products.
2.22 Tender call or invitation for bids - means the detailed notification seeking
a set of solution(s), service(s), materials or any combination of them.
2.23 Specification - means the functional and technical specifications or
statement of work, as the case may be.
2.24 Bidder/ Tenderer - means any firm offering the solution(s), service(s) and/or
materials required in the tender call. The word vendor when used in the pre
- award period shall be synonymous with bidder and when used after award
of the contract shall mean the successful bidder with whom TS MSIDC signs
the contract for rendering of goods and services.
2.25 Pre- qualification and Technical bid - means that part of the offer, that
provides information to facilitate assessment by TS MSIDC, professional,
technical and financial standing of the bidder and conformity to
requirements.
2.26 Financial Bid - means that part of the offer, that provides price schedule
and total costs including taxes etc.
2.27 Three part Bid - means the pre-qualification bid, technical and financial
bids and their evaluation is sequential.
2.28 Two part Bid - means the Technical bid and Financial bids their evaluation
is sequential.
2.29 Goods/stores and services - mean the solution(s), service(s), materials or a
combination of them in the context of the tender call and specifications & all
the materials which the supplier is required to supply to the purchaser
under the contract.
2.30 Contract - means the agreement entered into between the TS MSIDC and
the vendor, as recorded in the contract form signed by the parties, including
all attachments and appendices thereto and all documents incorporated.
2.31 Contract price - means the price payable to the vendor under the contract
for the full and proper performance of its contractual obligations.
2.32 Day - means calendar day.
2.33 GCC - means the general conditions of contract contained in this section.
2.34 Incidental services or Services - means those services ancillary to the
supply of the goods, such as loading, unloading, transportation and
insurance.
2.35 Purchaser/ User - means TS MSIDC or ultimate recipient of goods and
services and also in relation to the word “ Purchaser ” as referred in the
Drugs & Cosmetics Act.
2.36 Project site - where applicable, means the place(s) where goods/services are
to be made available to user .
2.37 SCC - means the special conditions of contract if any as stated in tender.
2.38 Undependable Supplier - means any Supplier who do not accept the
purchase order or who delays the supply of required quantities beyond the
permitted delays under the contract.
2.39 Category A Surgical - means drugs specified in the annexure as category A,
includes drugs which do not require microbiological testing.

Tender No.5/ 2022 Page: 11


2.40 Category B Surgical - means drugs specified in the annexure as category B,
includes drugs which require microbiological testing.

SECTION- III
3. TENDER SCHEDULE :
3.1. Schedule Of Dates For Tender Events:

Sl. Particulars Date and time


1. Bid Calling Date 03.09.2022
2. Downloading of Bid document From:27.09.2022 from 5:01PM to
14.10.2022 Up to 3.00 PM
3. Pre-Bid Conference Date/Time 01.10.2022 at 11.30 A.M in the
Conference Hall, 2nd Floor, TSMSIDC,
4. Last Date/Time for seeking clarifications
Hyderabad

5. Bid Submission Closing Date/Time 14.10.2022 at 3.00 P.M


6. Bid Opening Date/Time 14.10.2022 at 3.01 P.M
7. Last Date and Time for submission of Hard
15.10.2022, 05.00 PM
copies at TS MSIDC Office
8. Last date for Raising Objections 15.10.2022, 03.00 PM
9. Bid Processing Fee Rs. 11,800/- to be to be paid either by
DD in favour of Managing Director,
TSMSIDC, Hyderabad or by Online
/NEFT/RTGS to TSMSIDC Bank
Account No:-142410100019139
IFSC Code :- UBIN0814245
Bank Name :- Union Bank,,
Sultanabazar, Hyd
DD is preferable
10. Reference No. T. No. 5/2022 /Surgical/ MW/
TSMSIDC , Dt.03.09.2022
**All Times Shown are as per (IST)
Note: **The Dates mentioned above may
change due to Unavoidable
Circumstances.
SECTION- IV
4. MATERIAL REQUIRED:

4.1. a. Bids are invited from the Direct Manufacturers or their Authorized
Distributors or Direct Importers to enter into Rate Contract (RC) with Telangana
State MSIDC for period of one year from the date of contract agreement entered for
supply of Drugs/Surgical Items and Other Materials/Items/Products as listed in
Annexure -9, to all the 10 Central Medicine Stores and the newly proposed 9 Sub
Depots spread over in Telangana State. (List of Stores attached as Annexure 1A two
parts).

Tender No.5/ 2022 Page: 12


b. The mentioned tender quantity is tentative. Purchase order will be placed
based on the actual requirement. The actual requirement may be increased or
decreased.

4.2. Delivery Period:


1. Bidder shall acknowledge Purchase Order and submit dated
acknowledgement letter in token of having received PO within 2 days of issue
date of Purchase Order. If no reply is received within 5 days, PO is deemed to
be accepted.

Category A
2. The supplier should initiate supply of the PO Quantity within 15 Days from
the PO Date for Category A (mentioned in annexure - Number of the annexure)
and 40 Days for Category B (mentioned in annexure - Number of the annexure).
The supplier should supply 100% of the order Quantity at the TSMSIDC Central
Medicine Stores located across the state as mentioned in purchase order
invariably as per the schedule.
Late supplies will be accepted as per clause 4.2.3
Avoiding supply to any of the Destination would be treated as Non – Execution
and penalty will be levied as per Clause 13.12.B

3. FOR CATEGORY “A”


(a) The supplier shall supply at least 50% of the ordered quantity within 30
days from the date of purchase order and the balance quantity within 50 days
from the date of purchase order at the destinations mentioned in the purchase
order. If the above day happened to be a holiday for TSMSIDC, the supply
should be completed by 5.00 PM on the next working day. If the Tenderer fails
to execute the supply within the stipulated time (30/50 days), the TSMSIDC,
without any notice/information is at its liberty to make alternative arrangement
for purchase of drugs and medicines for which the Purchase orders have been
placed, from any other sources or in the open market or from any other
Tenderer who might have quoted higher rates, at the risk and the cost of the
defaulted supplier and in such cases the TSMSIDC, has every right to recover
the cost and impose penalty as mentioned in Clause 13.1.
(b) The supplier may continue the supply of the unexecuted quantity after 50th
day upto 5 PM of 70th day, subject to levy of appropriate Liquidated Damages
as specified in clause 13.12 of the tender conditions.

4. FOR CATEGORY “B”


(a) The supplier shall supply at least 50% of the ordered quantity within 60
days from the date of purchase order and the balance quantity within 70 days
from the date of purchase order at the destinations mentioned in the purchase
order. If the above day happened to be a holiday for TSMSIDC, the supply
should be completed by 5.00 PM on the next working day. If the Tenderer fails
to execute the supply within the stipulated time (60 / 70 days), the TSMSIDC,
without any notice/information is at its liberty to make alternative arrangement

Tender No.5/ 2022 Page: 13


for purchase of Drug/Surgical for which the Purchase orders have been placed,
from any other sources or in the open market or from any other Tenderer who
might have quoted higher rates, at the risk and the cost of the defaulted
supplier and in such cases the TSMSIDC, has every right to recover the cost
and impose penalty as mentioned in Clause 13.1.
(b) The supplier may continue the supply of the unexecuted quantity after 70th
day upto 5 PM of 90th day, subject to levy of appropriate Liquidated Damages
as specified in clause 13.12 of the tender conditions.

5. If the Tenderer fails to execute the supply within the stipulated time (80 -
Category A/90 days - Category B), the TSMSIDC is empowered to make
emergency purchases from other participant firms or from open market at the
Risk of Bidder and claim the difference in total cost from the bidder in addition
to other penal action
Further, TSMSIDC, without any notice/information is at its liberty to make
alternative arrangement for purchase of Drug/ Surgical Items for which the
Purchase orders have been placed, from any other sources or in the open
market or from any other Tenderer who might have quoted higher rates, at the
risk and the cost of the defaulted supplier and in such cases the TSMSIDC Ltd.,
has every right to recover the cost and impose penalty as mentioned in Clause
13.12
6. All the supplies should be scheduled as per the schedule given in supply
order.
7. The bidder shall be responsible for any shortages or damages during
transportation till receipt of goods at Drug Stores.
8. TSMSIDC will not be responsible for receipt of any item for which no order is
placed or supply is received under a deemed cancelled purchase order.
9. Supplier shall complete the earliest pending purchase order before
commencing the supply of subsequent purchase orders.
10. Tenderer should supply the product, within 30 days (Category “A”) and 40
days (Category “B”) from the date of manufacture of that product. In case, the
product is received after 30 / 40 days from date of manufacture and the
product is not consumed before its expiry date, the supplier should replace the
short expiry/expired quantity with fresh stock of longer shelf life, otherwise the
expired product will be returned to the supplier and the value equal to the cost
of expired quantity will be recovered from any dues payable. The date of
manufacturing would be the date mentioned on the item, if this date is not
available, then it would be the date mentioned on the in house analysis report
submitted.
11. The Tenderer must submit an Analysis report from in-house testing
laboratory or Drugs Control Authority Approved Laboratories /NABL Accredited
Drugs Testing Laboratory/Central Drugs Laboratory for every batch of Items
along with an invoice. In case of failure on part of the supplier to furnish such a
report, the batch of items will be returned back to the suppliers and he is
bound to replenish the same with Govt. approved lab test report. The
Drug/Surgicals supplied by the successful Tenderer shall be of the best quality

Tender No.5/ 2022 Page: 14


and shall comply with the specifications, stipulations and conditions specified
in the tender.
12. FOR CATEGORY “A”
(i) The order stands cancelled at the end of the 70th day from the issue of the
purchase order after levying a penalty on the value of the unexecuted order as
specified under Clause 13.12. Further, the Tenderer shall also be liable to pay
other penalties as specified under Clause 13.1. However if such default occurs
for 3 or more purchase orders placed during the tender period, penal action like
blacklisting from participating in present and future tenders of TSMSIDC, may
be enforced by the TSMSIDC.
13. FOR CATEGORY “B”
(ii) The order stands cancelled at the end of the 90th day from the issue of the
purchase order after levying a penalty on the value of the unexecuted order as
specified under Liquidated Damages as specified in clause 13.12. Further, the
Tenderer shall also be liable to pay other penalties as specified under Clause
13.1. However if such default occurs for 3 or more purchase orders placed
during the tender period, penal action like blacklisting from participating in
present and future tenders of TSMSIDC, may be enforced by the TSMSIDC

SECTION- V

5. PRE-QUALIFICATION CRITERIA:

5.1. Eligibility:
1. a. The Bidder should be a Direct Manufacturer having valid manufacturing
license/Medical Devices Manufacturing License including product License
whichever is applicable issued by the Licensing authority concerned. If Bidder is
Authorized Distributor, the bidder should submit the valid manufacturing
license/Medical Devices Manufacturing License including product License
whichever is applicable for the principal manufacturer for which they are
authorized distributor should be submitted along with the bidder’s sale license,
issued by the Licensing authority concerned.
b. Direct importer holding valid import license of quoted Drugs/Surgical/ Materials
or Items or Products. Direct Manufacturer or their Authorized Distributors / Direct
Importer of medicines/surgical items should be in business of manufacture/Sale or
import as the case may be for a minimum period of Three years in India as on bid
calling date.
c. The Manufacturers for the products insecticides/ Larvicides should be
registered with Central Insecticide Board (CIB) for the their quoted products and
should submit the same along with Technical source and ISI registration. The
authorized Distributor for the said products should submit the CIB registration
along with Technical Source and ISI for the quoted product of the Manufacturer for
which they are authorized distributor should be submitted along with the bidder’s
sale license, issued by the Licensing authority concerned.
d. Bids are invited from Local SSIs and Handloom manufacturing units situated in
the state of Telangana on the e-procurement platform to enter into Rate Contract
(R.C) for 2019-21 for supply of RESERVED (6 items) SURGICAL CONSUMABLES to

Tender No.5/ 2022 Page: 15


10 Central Medicine Stores located in the District Head Quarters of Telangana
State. The firms engaged in trading or assembling are not allowed to participate.
2.Bidder (Manufacturer) must have their Own Manufacturing Units with valid
manufacturing license for each product or the Authorized Distributor should have
Authorization Certificate from the Manufacturer whose products are supplied who
in turn should posses manufacturing license for each product . Valid importer
license for each product, should be available with direct importers as on bid calling
date. If the product is imported, importer should have an import license .
3.Bidder supplying Drug /Surgical must comply with the provisions of Schedule
“M” and must have valid Good Manufacturing Practice (GMP) /WHO GMP
certificate/ Quality Management Systems (QMS) Certificate as on Bid calling date
from authorities concerned / ISO 13485 issued by Accredited authorities
concerned as per applicability to the product supplied. If Bidder is Authorized
Distributor, the bidder should submit the valid GMP/WHO GMP/QMS/ISO etc for
the principal manufacturer for which they are authorized distributor should be
submitted. Importers must have valid WHO GMP as on Bid calling date. If validity
of GMP /WHO GMP certificate is not mentioned on certificate, it shall be treated as
one year for GMP and two years for WHO GMP from the date of issue of certificate.
The Authorized Distributor should have above certificates from the Manufacturer
whose products he intends to supply.

4. Bidders Manufacturer should have sufficient equipment with sufficient capacity


to Manufacture/Produce the items in the prescribed time limit without delay.
5.Bidder must have Market Standing Certificate (With list of items) for any Two
year during last Three Financial Years of 2018-19, 2019-20 & 2020-21 issued
by concerned Licensing Authority of Drugs Control Department in case of
Drugs/Surgical Items or from CA in case of Importers as a Manufacturer /Importer
for each Drugs/Surgical Item /Material Item//Product quoted in the tender.
However , for “ New Drugs ” in accordance with Rule 122-E to the Drugs and
Cosmetics Rules, 1945 , in specific cases , on request with sufficient justification
and proofs , relaxation for requirement of 3 years period may be permitted.
(Deleted)

6.The bidder should have major past supplies under the relevant product/services
and satisfactory performance for the last Two financial years along with proofs.
Details of current contracts in hand and other commitments should be provided by
the bidder if asked by the Purchaser at the time of Awarding Purchase Order.
(Deleted)
7. The bidders participated for Insecticides should have supplied the quoted items
to Government/ Semi Government/Municipal Bodies at least 75% of Tender
quantity and should submit proofs against supplies.
8. The Bidder should have minimum Annual Turnover of Rs. 1.00 Crore for
MSMEs & SSI manufacturing units located in Telangana State and Rs.2.0 Crore
for other Bidders for an average of any continuous Three financial years of 2017-
18, 2018-19, 2019-2020 & 2020-21. If the bidder is authorize distributor, the
bidder should have minimum Annual turnover of Rs.50.00 Lakhs. Evidence of
turnover should be certified and authenticated from Chartered Accountant based
on the Balance sheets, Profit and loss Account of the Bidder . Turnover should be
Strictly in respect of Firm submitting the tender. Group Turnover will not be
considered for determining the eligibility and such tenders will be rejected

Tender No.5/ 2022 Page: 16


summarily. Audited balance sheets of 2017-18, 2018-19, 2018-19 & 2019-20 to be
submitted.

9. Manufacturers/Importers should not be Convicted in Last 3 Years and


the Certificate should not be older than 1 year at the time of tender
date which is issued by the concerned State / Central Drugs Control
Authorities. The Non Conviction certificate issued by DCA of any state
government for any tenders will be considered.

10. Following Are Not Eligible To Participate In Tender:

a.Bidders who have withdrawn their bids in any of the previous tenders of TS
MSIDC during last 3 years (from bid calling date).
b.Bidders who are convicted in last three years (from bid calling date).
c.Bidders convicted during bid processing (Finalization) period.
d.Bidders who are on black list of any Government or its agencies as on bid calling
date.
e.Bidders who are on black list of any Government or its agencies for any period
during the period from bid calling date to signing of contract.
f.Bidders who are declared Non Dependable by any Government or its agencies
during last 3 years (from bid calling date) and declaration is in force as on bid
calling date or at present (During the period from bid calling date to signing of
contract).
g.Bidders who are being prosecuted (on Trial) for offence with regard to any
particular product for which the TS MSIDC is inviting bids; bidder is Not Eligible
To Participate In Tender in respect of that particular Product.
h.Loan Licensees are not eligible to participate in the bidding.

5.2. Proof Of Eligibility To Be Submitted By Bidder :


1. Bidders should submit all the Documents enlisted in the Checklist along with
any documents sought in this tender as Relevant documents in support of claims
of the Bidder.

2.The Documents submitted should be Latest wherever specified.

3.The Documents submitted should be Self Attested wherever specified.

4.The Documents submitted should be Notarized on Judicial Stamped Paper


wherever specified.
5.In case the Documents are Other than in English Language , an Exact
Translation in English should be furnished.
6. In all the Documents submitted / filled up and signed by the Bidder , the
Company Seal Rubber Stamp Impression should be affixed.
7.All Uploaded documents should be Original/ legible / readable, if not tender may
be rejected.
8.The Bidder shall give an undertaking that all the statements made and submitted
by him are true to his knowledge and any information subsequently found

Tender No.5/ 2022 Page: 17


incorrect or false will mean automatic cancellation of the tender and the bidder will
be liable for penal action as the TS MSIDC feels deemed fit as per Law.
SECTION- VI
6. STATEMENT OF IMPORTANT LIMITS/VALUES RELATED TO BID : 6.
STATEMENT OF IMPORTANT LIMITS/VALUES RELATED TO BID :
Sl Item Description
5/2022/Surgical/MW/TSMSIDC,
1. Tender No.
Dt.03.09.2022
Rs. 1.00 Lakh. (One Lakh) However MSMEs
and SSI Units located in Telangana State are
exempted from payment of EMD subject to
2. Earnest Money Deposit production of MSME/SSI certificate from
Competent Authority.
To be paid in the form of DD/BG/online on e-
procurement platform
3. Bid Validity Period 90 Days from the bid opening date.
4. Variation in quantities As per Actual Requirement.
Period for furnishing Within 5 days from the Date of issue of
5.
Performance Security Notification of Award/ purchase order
6. Performance Security 3% of Contract Value (GOI OM – 9/4/2020 -
Value PPD )
Performance Security 60 days beyond the validity of contract
7. validity Period period

8. Liquidated Damages As per clause 13.12


As per clause 4
9. Delivery Period.

SECTION- VII
7. BIDDING PROCEDURE :
7.1. Bid Submission:
Bids shall be submitted online in the formats provided on e-Procurement Platform.
Original Scanned copies of required documents must also be uploaded to website.
Self Attested Hard copies of required documents shall be submitted offline to the
TS MSIDC office by the due date. Bids shall be submitted in three parts. Pre-
Qualification Bid, Technical Bid and Financial Bid.
7. 2. Pre- Qualification Bid Documents:
It shall include the following information about the firm and/or its proposal.
1. General information on the Bidder’s Company in Form P-1
2. Turn Over Details Form P-2
3. List of Major Past Supplies in Form P-3
4. Installed Production capacity for 30 Days Form P - 4
5. Bank Details of the Bidder Form P – 5
It shall include the submission of the following declarations mentioned as
Annexure 1D to 7D.
1.Declaration of responsibility.
2.Declaration Of Non – Conviction/Blacklist.
3.Declaration Of GMP if the quoted items are Drugs/Surgical.
4.Declaration Form Of Price.

Tender No.5/ 2022 Page: 18


5.Declaration To Submit Test /Analytical Report With Consignment.
6.Declaration For Maintaining Cold Chain.
7.Declaration To Print Logograms.
Where Forms are Prescribed, the Forms should be invariably be filled . Where
Forms are not prescribed, and bidder wants to provide additional information,
bidder can design his own formats to hold the information which Shall Be ‘ In
Addition ’ to the Prescribed Forms.

7.3. Technical Bid:


It shall include all the Documents mentioned in Checklist. Annexure – 7.

7.4. Financial Bid:


The financial bid should provide cost calculations corresponding to unit price of
each selected item of the schedule in the Annexure -8 provided on e-Procurement
Platform .

7.5. Pre-Bid Meeting:


All the prospective bidders can participate in the Pre Bid meeting to seek
clarifications on the bid, if any. Pre-Bid meeting shall be held on Pre Bid Meeting
Date at Conference Hall of O/o of TSMSIDC Head office, 2nd Floor Conference
Hall, Sultan Bazar, Koti, Hyderabad. The queries can also be sent to gmdrugs-
msidc@telangana.gov.in which must be received by TS MSIDC by last date and
time fixed for raising queries. Queries received after due date and time, shall Not be
considered.

SECTION- VIII
8. BID EVALUATION PROCEDURE:
If a vendor has any comment to offer about the procedural aspects of this tender, it
should be intimated to TS MSIDC during the pre-bid meeting. In case the schedule
or procedure of tender processing is revised, the same shall be communicated
online and revised schedule or procedure shall be binding on all.
8.1. Opening Of Bids:
Immediately after the closing time, the TS MSIDC person shall open the pre-
qualification bid, and list them for further evaluation. The Technical bids of only
those bidders who qualify in the pre-qualification bid will be opened. After
evaluation of technical bids, the financial bids of only those bidders who qualify in
technical evaluation will be opened.
8.2 Objection By Bidders:
If any Bidder has any objection on Bids, he should do so in writing by the last date
and time fixed for raising objections. False, Malafide, Vague and anonymous or
pseudonymous complaints are not entertained . Only participating bidder can file
the complaint with necessary proof and documentary evidence. After last date and
time, No Objections shall be entertained. If any Bidder wishes to lodge any
complaint against the other Bidder regarding submission of false documents,
information etc. The bidder has to submit the complaint before price bid opening.
The issue will be submitted to the Technical Evaluation Committee along with
facts presented. Any complaint received after price bid opening will not be
entertained.

8.3. Pre-Qualification Bid Evaluation:


The Pre-qualification bid documentation shall be evaluated, by officials of TS
MSIDC. Firstly, whether all the requirements are fulfilled & all requisite

Tender No.5/ 2022 Page: 19


documents furnished by the vendor are in accordance with the checklist and
requirement of TS MSIDC.
8.4. Technical Bid including Sample Evaluation:
Technical bid documentation shall be evaluated in two sub-steps, by Technical
Evaluation Committee . Firstly , the documentation furnished by the vendor are
thoroughly examined to see if the product/ services offered, technical base and
financial capacity and other vendor attributes claimed therein are consistent with
the needs of the TS MSIDC.
TS MSIDC requires the vendor(s) for additional information and also to produce
SAMPLES of items/products for each item/product. Verification of Samples &
“ Sample Evaluation ” , will be taken up. Sample should be submitted to this
office after communication from TSMSIDC.
Visit to vendor’s site and/or arrange discussions with their professional, technical
faculties to verify claims made in technical bid documentation may also be done.
8.5. Financial Bid Evaluation:
Final choice of firm to execute the project shall be made on the basis of conformity
to pre- qualification, technical specifications, appropriateness of the product
offered, capability of bidder to execute and service the contract and
appropriateness of financial offer from the point of view of cost-effectiveness.

SECTION- IX
9.1. GENERAL ELIGIBILITY :
1. Subject to Pre-Qualification conditions, this invitation for bids is open to all
firms both from within and outside India, who are eligible to do business in
India under relevant Indian laws as are in force as on bid closing date.
2. Bidders marked/considered by TS MSIDC to be ineligible to participate for
non-satisfactory past performance, corrupt, fraudulent or any other
unethical business practices shall not be eligible.
3. Breach of general or specific instructions for bidding, general and special
conditions of contract with TS MSIDC or any of its user organisations may
make a firm ineligible to participate in bidding process.
9.2 . Bid Forms And Language Of Bid:
1. Wherever a specific Form is prescribed in the bid document, the bidder shall
use the Form to provide relevant information. If the Form does not provide
sufficient space for any required information, space at the end of the Form or
additional sheets as addendums to the Forms shall be used to convey the
said information.
2. For all other cases where Forms are not Prescribed, the bidder shall design a
Form on their own to hold the required information.
3. Bids shall be prepared in English language only. All correspondence with
purchaser shall also be English language only. However any printed material
could be in any other language so long as accompanied by an Exact English
translation duly provided by the bidder. For the purpose of interpretation,
English translation shall prevail.
9.3. Cost Of Bidding:
1. The bidder shall bear all costs associated with the preparation and
submission of its bid, and TS MSIDC will in no case be responsible for those
costs, regardless of the conduct or outcome of the bidding process.
2. Bidder is expected to examine all instructions, forms, terms, and
specifications in the bidding documents. Failure to furnish all information
required by the bidding documents or to submit a bid not substantially

Tender No.5/ 2022 Page: 20


responsive to the bidding documents in every respect will be at the bidder’s
risk and may result in the rejection of its bid.

9.4. Clarification Of Bidding Documents:


1. A prospective vendor requiring any clarification of the bidding documents
may contact GM (Drugs) TS MSIDC. Written copies of the TS MSIDC
response (including an explanation of the query but without identifying the
source of inquiry) will be published online.
2. The concerned person will respond to any request for clarification of bidding
documents which it receives no later than bid clarification date mentioned in
the notice prior to deadline for submission of bids prescribed in the tender
notice. No clarification from any bidder shall be entertained after the close of
date and time for seeking clarification mentioned in tender call notice. It is
further clarified that TS MSIDC shall not entertain any correspondence
regarding delay or non receipt of clarification from TS MSIDC.

9.5. Amendment Of Bidding Documents:


1. At any time prior to the deadline for submission of bids, TS MSIDC, for any
reason, whether at its own initiative or in response to a clarification
requested by a prospective bidder, may modify the bidding documents by
amendment.
2. Amendments if any shall also be binding on all prospective bidders. Even
those who have already received/down loaded the bidding documents.
3. All the amendments (Corrigendum/Addendum/Corrections) will be notified
ONLINE ONLY.
4. In order to allow prospective bidders reasonable time to take the amendment
into account in preparing their bids, the TS MSIDC, at its discretion, may
extend the deadline for the submission of bids.
9.6 . Period Of Validity Of Bids:
1. Bids shall remain valid for the days or duration specified in the bid
document. A bid valid for a shorter period shall be rejected as non-
responsive.
2. In exceptional circumstances, the TS MSIDC may solicit the bidders' consent
to an extension of the period of validity. The request and the responses
thereto shall be made in writing. The bid security shall also be suitably
extended. However a bidder granting the request will not be permitted to
modify its bid.
9.7. Submission Of Bids:
1. The bidders shall seal the Pre-Qualification Bid, Technical Bid documents
submitted offline.
2. They shall be sealed in separate envelopes, duly marking the envelopes as
"Pre-qualification", “Technical bid”.
3. The envelopes shall then be sealed in an outer envelope. The inner and outer
envelopes shall:
a.Be addressed to the TS MSIDC at the address given in the tender call.

b.Bear the project name/title indicated in the tender call, and bear -
i.Pre-qualification bid.
ii.Technical bid.
4. The outer envelopes shall clearly indicate the name and address of the
bidder.

Tender No.5/ 2022 Page: 21


9.8. Deadline For Submission Of Bids And Hard Copies:
1. Bids must be received by the TS MSIDC contact person no later than the bid
submission date and time specified in the tender call notice.
2. In case of Online bids, Hard copies of required documents must be received
by the TS MSIDC contact person no later than the hard copies submission
date and time specified in the tender call notice.
3. The TS MSIDC may, at its discretion, extend this deadline for the
submission of bids/hard copies by amending the tender call, in which case
all rights and obligations of the TS MSIDC and bidders previously subject to
the deadline will thereafter be subject to the deadline as extended.

9.9. Late Bids And Hard Copies:


Any bid and or hard copies not received by the TS MSIDC by the deadline for
submission of bids/hard copies will be rejected and returned unopened to the
bidder.
9.10. Modification And Withdrawal Of Bids:
1. The bidder may modify or withdraw its bid after the bid's submission,
provided that written notice of the modification including substitution or
withdrawal of the bids, is received by the TS MSIDC prior to the deadline
prescribed for submission of bids.
2. The bidder's modification or withdrawal notice shall be prepared, sealed,
marked and dispatched in a manner similar to the original bid.
3. For Online bids, this process shall stand modified appropriately.
4. No bid can be modified subsequent to the deadline for submission of bids.
5. No bid can be withdrawn in the interval between the deadline for submission
of bids and the expiration of the period of bid validity. Withdrawal of a bid
during this interval will result in the forfeiture of Bid Security (EMD).
9.11. General Business Information:
The bidder shall furnish general business information to facilitate assessment of its
professional, technical and commercial capacity and reputation.
9.12. Bid Security / Earnest Money Deposit (EMD) :
9.12. Bid Security / Earnest Money Deposit (EMD) :
1. The bidder shall furnish, as part of its bid, a bid security for the amount
specified in the tender call notice.
2. The bid security is required by TS MSIDC to assure bidder's continued
interest till award of contract and to assure bidder's conduct in accordance with
bid conditions during the bid evaluation process.
3. The bid security shall be in Indian rupees and shall be through an
online on e-procurement platform against tender by Online mode /NEFT
/RTGS.
4. Bidders are advised to exercise NEFT /RTGS or any online mode of
payment option well before the last date and time of bid submission to avoid
any payment issues. The TSMSIDC / e-procurement system will not be
responsible for any e-payment failure.
5. Unsuccessful bidder's bid security will be discharged or returned as promptly
as possible but not later than thirty (30) days after the expiration of the period of
bid validity prescribed by TS MSIDC.

6. The successful bidder's bid security will be discharged, within 30 days from the
date of signing of contract, upon the bidder signing the contract, and furnishing
the performance security

Tender No.5/ 2022 Page: 22


7. The Earnest Money Deposit will be refunded to the bidders matched with L1 rate
within 30 days from the date of signing the contract agreement provided they
furnish the performance security.
8. The Earnest Money Deposit (EMD) will be forfeited, if the Tenderer withdraws his
bid either fully or partially during the validity of the tender / contract period.
9. The Earnest Money Deposit (EMD) will be forfeited, in case of the lowest /
matched bidder, fails to execute the contract agreement and / or deposit the
Performance Security within the stipulated time besides other actions.
10. The Earnest Money Deposit (EMD) will be forfeited if the bidder/successful
bidder misrepresents facts or submits false /fake documents during the tender
process.
11. The tender submitted without EMD will be summarily rejected.
12. EXEMPTION FROM PAYMENT OF EARNEST MONEY DEPOSIT TO DOMESTIC
ENTERPRISE
(i) Domestic Enterprises – Micro and Small Enterprise (MSME) as defined in the
Micro, Small, Medium Enterprise Development Act, 2006 (Central Act 27 of 2006),
which manufacturers or produces goods within the State and filed Part-II of the
Entrepreneurs Memorandum in the District Industries Centres or filed Udyog
Aadhaar portal are exempted from payment of EMD.
(ii) The Domestic Enterprise will be required to furnish a
notarized undertaking (as per Annexure-VI) to the effect that in
the event of nonfulfillment or non-observance of any of the
condition stipulated in the tender / contract, the Domestic
Enterprise shall pay a penalty, equivalent to the applicable
penalty / Earnest Money Deposit of the item(s) quoted
stipulated in the tender to offset the loss incurred by the
TSMSIDC

9.13. Preparation Of Pre-Qualification Bid:


It shall contain of the following parts:
1. General business information.
2. Turnover details.
3. Past performance details.
4. Declaration Form/s.
5. Financial Capacity of bidder.
6. Bid security (EMD).
7. Any other information required as per bid document.
9.14. Preparation Of Technical Bid:
It shall consist of the following parts.
1. Check List.
2. Documents to be scanned and uploaded as part of Bid.
3. Documents to be submitted in Hard Copy in Offline.
4. Any other technical information.

9.15. Preparation Of Financial Bid:


Overview Of Financial Bid:
The financial bid should provide cost calculations corresponding to each
component of the requirements.
1. Bid prices:
a. The bidder shall indicate the unit prices for the Unit indicated in Bid and the
total bid price of the goods it proposes to supply under the contract as per
Format. Price quoted for a Unit other than the Unit indicated in Bid, shall

Tender No.5/ 2022 Page: 23


not be considered and bid for that product shall be treated as non-
responsive.
b. The bidder shall indicate Prices inclusive of all taxes, duties, packing,
insurance, Loading/Unloading, road permit, transportation to
destination across Telangana State. In case of Importer, the bidder
clearly mention the basic price, custom duty and GST separately.
c. The Bidder shall submit price bid as Basic price and GST separately in
the price bid form provided on e-procurement platform. The price
quoted inclusive of all taxes (Composite price) will not be considered
and bid will be rejected.
d. Bidder’s separation of price components will be solely for the purpose of
facilitating the comparison of bids by TS MSIDC and will not in any way
limit the purchaser’s right to contract on any of the terms offered.
e. Prices quoted by the bidder shall be fixed during the bidder’s performance of
the contract and not subject to variation on any account unless otherwise
specified in the tender call. A bid submitted with an adjustable price
quotation will be treated as non responsive and will be rejected.
f. However variation in GST from the date of filing bid, during the period of
contract will be adjusted accordingly. Bidder must quote present GST which
has been taken into consideration in the Price quoted.
g. The prices quoted by bidder shall not be more than the controlled price fixed
if any by any of the competent authority for that product especially for
Drugs/Surgical under DPCO fixed by NPPA.
h. The prices quoted by bidder shall not be more than the MRP fixed for that
product.
i. The rate quoted Inclusive of GST should be for a unit size and for the given
specification. The rates quoted should be in rupees and paisa up to 2 digits.
j. The successful bidders should submit invoice up to two decimal digits in
paisa against the supplies.

2.Bid currency : Prices shall be quoted in Indian rupees.

SECTION- X
10.STANDARD PROCEDURE FOR OPENING AND EVALUATION OF BIDS:
10.1. Out Line Of Bid Opening Procedure:
a.The bid opening and evaluation process will be sequential in nature. It means
that bidder must qualify in a particular stage to make him eligible for evaluation in
next stage. Immediately after the closing time, the TS MSIDC shall open the Pre-
qualification bids and list them for further evaluation. The Technical and Financial
Bids shall remain sealed. Thereafter, Technical bids of qualified bidders will be
opened, keeping financial bid sealed. Finally financial bids of those bidders will be
opened who are qualified in technical evaluation.
b.In case of composite bid - technical and financial bids are combined together and
opened simultaneously. (Not followed in This Case).
d.The standard procedure, described here will stand appropriately modified, in view
of special procedures of bid evaluation as mentioned in tender call or elsewhere in
this bid document or as decided by TS MSIDC during the course of evaluation to
meet any Specific Situation or Need arising from time to time.

Tender No.5/ 2022 Page: 24


10.2. General Guidelines For Bid Opening And Evaluation: Generally bids will
be in three parts (Pre-qualification, Technical and Financial) or two parts (Technical
and Financial) or Composite Bid ( Technical and Financial Bid together) as
indicated in the tender call. For three part bids there will be three bid opening
events, in two part bid there will be two bid opening events and in case of
composite bids there will be only one bid opening event. But in all cases evaluation
will be sequential. Following guidelines will generally be followed by TS MSIDC
officers at each such event.
However TS MSIDC may deviate from these in specific circumstances, if it feels
that such deviations are unavoidable, or in case such deviations will improve the
speed of processing.
In this case the evaluation will be in three parts Viz. Pre-qualification, Technical
and Financial.
10.2.1. Opening Of Bids as a General Procedure:
a.Generally, bids will be opened in the presence of bidder’s representatives, who
choose to attend. The bidder representatives who are present shall sign a register
evidencing their attendance.
b.Generally, the bidders names, bid modifications or withdrawals, discounts, and
the presence or absence of requisite bid security and such other details as the
Tender inviting officer at his/her discretion, may consider appropriate, will be
announced at the opening. No bid shall be rejected at bid opening, except for late
bids, which shall be returned unopened.
c.Generally, bids that are not opened and read out at bid opening shall not be
considered further for evaluation, irrespective of the circumstances. Withdrawn
bids will be returned unopened to the bidders.
d.But, as this is Online bid, this process shall stand adopted / modified
appropriately .

10.2.2. Preliminary Examination Of Bids:


a.Preliminary scrutiny will be made to determine whether they are complete,
whether any computational errors have been made, whether required sureties have
been furnished, whether the documents have been properly signed, and whether
the bids are generally in order.

b.Arithmetical errors will be rectified on the following basis. If there is a


discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price and quantity shall prevail
and the total price shall be corrected accordingly. If the vendor does not accept the
correction of the errors, its bid will be rejected and its bid security may be forfeited.
If there is a discrepancy between words and figures, the text in words will prevail.

c.TS MSIDC may waive any minor informality, nonconformity or irregularity in a


bid which does not constitute a material deviation, provided such waiver does not
prejudice or affect the relative ranking of any bidder.

d.Prior to the detailed evaluation, TS MSIDC will determine the substantial


responsiveness of each bid to the bidding documents. For purposes of these
clauses, a substantially responsive bid is one which conforms to all the terms and
conditions of the bidding documents without material deviations.

Tender No.5/ 2022 Page: 25


e.If a bid is not substantially responsive, it will be rejected by the TS MSIDC and
may not subsequently be made responsive by the bidder by correction of the
nonconformity.
10.2.3. Clarification Of Bids:
During evaluation of the bids, TS MSIDC may, at its discretion, ask the bidder, in
writing, for Clarification of bid. However no change in price or substance of the bids
shall be sought, offered or permitted.
10.2.4. Evaluation Of Pre - Qualification Bids:
Pre - qualification bid documentation shall be evaluated as follows:
The documentation furnished by the vendor will be examined prima facie to see if
the technical skill base and financial capacity and other vendor attributes claimed
therein are consistent with the needs of the purchaser.
10.2.5. Evaluation Of Technical Bids:
Technical bid documentation shall be evaluated in two sub-steps.
a.Firstly, the documentation furnished by the vendor will be examined prima facie
to see if the offer made, technical skill base and financial capacity and other
vendor attributes claimed therein are consistent with the needs of the purchaser.
b.In the second step, TS MSIDC may ask vendor(s) for additional information, visit
to vendors site and/or arrange discussions with their professional, technical
faculties to verify claims made in technical bid documentation.

10.2.6. Evaluation Of Financial Bids:


Financial bids of those vendors who satisfy all phases of the pre-qualification,
technical bid and corresponding to chosen technical choices will only be opened.
All other financial bids will be ignored. TS MSIDC may at its discretion discuss with
vendor(s) available at this stage to clarify contents of financial offer.
a.However, Bidders may note that there will not be any post tender financial
negotiations.
b.However, price bids of the bidders may be compared with price finalized by other
Government agencies and in case bid price is higher, bidder may be asked to match
lower price.

10.2.7. Evaluation And Comparison Of Financial Bids:


a.Evaluation of financial bids will exclude and not take into account any offer not
asked for or not relevant to the present requirements of the user.
b.Evaluation of financial bid will take into account, in addition to the total bid price
one or more of the following factors (Viz .Inclusive of basic price and taxes.)etc.
c.Past track record of bidder in supply/ services.
d.Any other specific criteria indicated in the bid document and/or in the
specifications.
e.To ensure sustained supply without any interruption, the Tender Inviting
Authority TS MSIDC reserves the right to SPLIT Orders for supplying the
requirements among more than one bidders. TS MSIDC will inform L1 rate to
other eligible and qualified bidders and invite their consent to match L1 rate for
the item quoted by them . The bidders who have given consent in writing and
fulfil all contractual obligation with the corporation only will be considered as
matched L1 bidders. (Splitting will only be adopted in specific cases as per
discretion of the Managing Director TS MSIDC ex: in cases where L1 bidder has
no sufficient Batch Capacity to Manufacture/Produce and deliver Huge Goods in
Prescribed Time Limit.)

Tender No.5/ 2022 Page: 26


SECTION- XI
11.1. Contacting TS MSIDC:
a.Bidder shall not approach TS MSIDC officer(s) outside of office hours and / or
outside TS MSIDC office premises, from the time of the tender call notice to the
time the contract is awarded.
b.Any effort by a bidder to influence TS MSIDC officer(s) in the decisions on bid
evaluation, bid comparison or contract award may result in rejection of the bidder's
offer and bidder may also be marked as ineligible for future bids. If the bidder
wishes to bring additional information to the notice of the TS MSIDC, it should be
done so in writing only.
11.2. TS MSIDC’s Right To Vary Quantities At The Time Of Award:
This tender is for Rate Contract. Quantity indicated in bid is only indicative figure.
Actual requirement may go up or go down. Purchase orders will be placed from
time to time based on actual requirement at the rate finalized. The purchaser
reserves the right, at the time of award of contract/during the period of contract, to
increase or decrease to any extent of the quantity of goods specified in the schedule
of requirements without any change in price or other terms and conditions.
11.3. TS MSIDC’s Right To Accept Any Bid And To Reject Any One Or All Bids:
TS MSIDC reserves the right to accept or reject any bid or annul the entire bidding
process and reject all bids at any time prior to award of contract, without thereby
incurring any liability to the affected bidder(s) or any obligation to inform the
affected bidder(s) of the grounds /reasons for such decision. Further it informed
that the lowest price offered is not the sole criteria for selecting the supplier /
product. The bid system, followed in the tender has been designed to make the
tender process more scientific and transparent, and to eliminate those
suppliers/products which do not match the eligibility criteria, product specification
and manufacturing process requirements, and manufacturing with proper licenses.
11.4. Notification Of Award:
Prior to expiration of the period of bid validity, TS MSIDC will notify all the
successful bidders in writing, including “L1 Bidder” and notify the ranking status
of other bidders that their bid has been accepted for placing on the Rate Contract.
Upon the successful bidder's furnishing of performance security, TS MSIDC will
promptly notify each unsuccessful bidder and will discharge its bid security.

The TSMSIDC reserve the right where applicable to split the order with two or
more suppliers willing to match with L1 rate as per the tendered quantity,
criticality of the item and the past performance of the supplier. The division
will be according to the bid ranking status. Where other eligible bidder will be
match with L1 rate,the award will be as follows.
1. If L2 bidder matches with the lowest rate then the quantity will be
ordered in the ratio 70:30 between L1 & L2 bidders.
2. If L2 & L3 bidders match will match the lowest rate then the ratio will
be 60:20:20.
3. If all the participated bidders more than L3 match the lowest price,
then 40% will be placed on lowest and remaining 60% will be issued
equally to all other matching bidders, in case of bulk requirement and
immediate supply.

11.5. Signing Of Contract:


a.At the same time as the TS MSIDC notifies the successful bidder that its bid has
been accepted, the TS MSIDC will send the bidder the Contract Form provided
in the bidding documents, incorporating all agreements between the parties. On

Tender No.5/ 2022 Page: 27


receipt of the Contract Form, the successful bidder shall sign and date the
contract and return it to the TS MSIDC. ( The successful bidder shall execute an
agreement on a non –judicial stamp paper of value of INR 200/- (Stamp duty to be
paid by the bidder ) within 5 days from the date of intimation from procurement
agency of the decision to award the contract to the Bidder. The Specimen form of
agreement is available in Annexure- 6 F. Once the ‘L1 Bidders’ sign the contract
and furnish requisite performance security, and then onwards they will be called
‘L1 Suppliers’. The ‘Matched L1 Bidder/s’ will be placed on Stand-by and will be
considered as and when required under RC.
b.The Bidder 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 whatsoever.
c.All Notices or communications relating to and arising out of the agreement or any
of the terms thereof shall be considered duly served on or given to the Bidder if
delivered to him or left at the premises, places of business or abode as provided by
the bidder.
d. No Tenderer shall be allowed at any time and on any ground, whatsoever it may
be, to claim revision or modification in the rates quoted by them. 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 entertained under any circumstances and the tenders
of those who have mentioned such conditions shall be treated as incomplete and
accordingly the Tender will be summarily rejected.
e. A bidder who is found successful in more than one product; he will be intimated
through LOA / LOI to execute agreement for all the products / drugs / items. If
such bidder will not execute agreement for one or more items, in such situation a
penalty equal to minimum bid security i.e. Rs. 3.00 Lacs and in case of Local
MSME / SSI Rs. 50,000/- shall be imposed and the same will be deducted from
the payable bills product for which agreement is not executed shall be debarred
for a period of not less than 3 years, EMD to be forfeited and penalty of Rs.2
Lakhs per Item and need to give the agreement for rest of the items. If supplier
does not come to agreement for rest of the items, then the firm will be Debarred/
Blacklisted in addition to forfeiture of EMD.
11.6 Corrupt , Fraudulent And Unethical Practices:
TS MSIDC will reject a proposal for award and also may debar the bidder for future
tenders in TS MSIDC, if it determines that the bidder has engaged in corrupt,
fraudulent or unethical practices in competing for, or in executing a contract.
Here:
a. “Corrupt practice” : means the offering, giving, receiving or soliciting
directly or indirectly, of anything of value to influence the action of a public
official in the process of contract evaluation, finalization and or execution .
b. “Fraudulent practice” : means an act of omission or misrepresentation of
facts in order to influence a procurement process or the execution of a
contract to detriment of the purchaser, and includes collusive practice
among Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the Purchaser of the
benefits of free and open competition,
c. “Unethical practice” : means any activity on the part of bidder by which
bidder tries to circumvent tender process in any manner. Unsolicited offering
of discounts, reduction in financial bid amount, upward revision of quality of
goods etc. after opening of first bid will be treated as unethical practice.

Tender No.5/ 2022 Page: 28


d. “Collusive practice” : is an arrangement between two or more parties
designed to achieve an improper purpose, including influencing improperly
the actions of another party.
e. “Coercive practice” : is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party.
f. “Obstructive practice”: is deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation or making false
statements to investigators in order to materially impede a investigation into
allegations of a corrupt, fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the investigation or from pursuing the
investigation.

11.7:- Anti-Corruption Guidelines with respective procurement under WBG’S


investment project (it will be applicable to the procurement made Covid
purpose and expenditure booked to NHM fund) :-

“Fraud and Corruption: This Procurement is financed by the World Bank (the
"Bank "). The Bank requires compliance with the Bank's Anti-Corruption
Guidelines and its prevailing sanctions policies and procedures as set forth in the
WBG's Sanctions Framework, as set forth in following paragraphs. In further
pursuance of this policy, bidders shall permit and shall cause their agents (whether
declared or not), subcontractors, sub-consultants, service providers, suppliers, and
personnel, to permit the Bank to inspect all accounts, records and other
documents relating to any initial selection process, prequalification process, bid
submission, proposal submission, and contract performance (in the case of award),
and to have them audited by auditors appointed by the Bank.

1. Purpose
1.1 The Bank's Anti-Corruption Guidelines and this annexure apply with
respect to procurement under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank
financing); bidders, (applicants/proposers), consultants, contractors and
suppliers; any sub-contractors, sub-consultants, service providers or suppliers;
any agents (whether declared or not); and any of their personnel, observe the
highest standard of ethics during the procurement process, selection and
contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.
2.2 To this end, the Bank:-

a. Defines, for the purposes of this provision, the terms set forth below as
follows:
i. "corrupt practice" is the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence improperly the actions of
another party;
ii. "fraudulent practice " is any act or omission, including
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain financial or other benefit or to
avoid an obligation;

Tender No.5/ 2022 Page: 29


iii. "collusive practice" is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;

iv. "coercive practice" is impairing or harming, or threatening to impair or


harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
v. "obstructive practice " is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence
material to the investigation or making false statements to investigators in
order to materially impede a Bank investigation into allegations of a corrupt,
fraudulent, coercive, or collusive practice; and/or threatening, harassing, or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank's inspection
and audit rights provided for under paragraph 2.2 e. below.

b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants,
sub-contractors, service providers, suppliers and/ or their employees, has, directly
or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may
take other appropriate actions, including declaring misprocurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of any
part of the proceeds of the loan engaged in corrupt, fraudulent, collusive, coercive,
or obstructive practices during the procurement process, selection and/or
execution of the contract in question, without the Borrower having taken timely
and appropriate action satisfactory to the Bank to address such practices when
they occur, including by failing to inform the Bank in a timely manner at the time
they knew of the practices;
d. Pursuant to the Bank's Anti- Corruption Guidelines and in accordance with
the Bank's prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaring such firm or individual ineligible (i) to be awarded or otherwise benefit
from a Bank-financed contract, financially or in any other manner;[2] (ii) to be a
nominated[3] sub-contractor, consultant, manufacturer or supplier, or service
provider of an otherwise eligible firm being awarded a Bank-financed contract; and
(iii) to receive the proceeds of any loan made by the Bank or otherwise to
participate further in the preparation or implementation of any Bank-financed
project;
e. Requires that a clause be included in bidding/request for proposals
documents and in contracts financed by a Bank loan, requiring (i) bidders
(applicants/proposers),consultants, contractors, and suppliers, and their sub-
contractors, sub-consultants, service providers, suppliers, agents personnel, permit
the Bank to inspect[4] all accounts, records and other documents relating to the
procurement process, selection and/or contract execution, and to have them
audited by auditors appointed by the Bank. "

Tender No.5/ 2022 Page: 30


SECTION- XII
12. General Conditions Of Proposed Contract (GCC):
12.1. Application:
These general conditions shall apply to the extent that they are not superseded by
provisions of other parts of the contract.
12.2 Standards:
The goods supplied under this contract shall conform to the standards
/specification mentioned as the technical specifications in the bid document, and,
when no applicable standard is mentioned, the authoritative standards appropriate
to the goods’ country of origin shall apply. Such standard shall be the latest issued
by the concerned institution.

12.3.Use Of Documents And Information:


1.The bidder shall not, without prior written consent from TS MSIDC,
disclose/share/use the bid document, contract, or any provision thereof, or any
information furnished by or on behalf of the TS MSIDC in connection therewith, to
any person other than a person employed by the bidder in the performance of the
contract. Disclosure to any such employed person shall be made in confidence and
shall extend only so far as may be necessary for purposes of such performance.
2.The Bidder shall not, without prior written consent of TS MSIDC, make use of
any document or information made available for the project, except for purposes of
performing the Contract.
3.All documents ( including this bid document) issued by TS MSIDC, other than
the contract itself, shall remain the property of the TS MSIDC and shall be returned
(in all copies) to the TS MSIDC on completion of the bidder’s performance under the
contract if so required by the TS MSIDC.
12.4.Performance Security:
1.On receipt of notification of award, the Vendor shall furnish performance security
to TS MSIDC in accordance with bid document requirement. Performance security
is 5% of the contract value, subject to a maximum of Rs. 10,00,000/- (Rupees ten
lakhs only) . The performance security shall be valid up to 60 Days beyond contract
period. (Except in case of Near Expiry Drugs /Surgical , where issue of Expiry
Drugs/Surgical Clearance Certificate is pending. )

2.The proceeds of the performance security shall be payable to the TS MSIDC as


compensation for the supplier's failure to complete its obligations under the
contract.

3.The performance security shall be denominated in Indian rupees or in a freely


convertible currency acceptable to TS MSIDC and shall be in one of the following
forms:
Performance Security amount shall be furnished through Online / NEFT /
RTGS to TSMSIDC Account No.50100174798191, HDFC Bank, IFSC Code:
HDFC0001997 or in the form of Bank Guarantee from any Nationalized Bank
and BG should be in favour of Managing Director, TSMSIDC, Hyderabad. The
BG should be valid beyond 60 days of Rate Contract period.

4.The performance security will be discharged by the TS MSIDC and returned to


the Vendor not later than thirty (30) days following the date of completion of all
formalities under the contract.

Tender No.5/ 2022 Page: 31


5.In the event of any contract amendment, the vendor shall, within 7 days of
receipt of such amendment, furnish the amendment to the performance security,
rendering the same valid for the balance duration of the Contract, as amended for
further period of 60 days thereafter.
6. Non receipt of Performance security
Failure, on the part of successful bidder to submit Performance Security or sign the
contract, proposed in this document and as may be modified, elaborated or
amended through the award letter, shall constitute sufficient grounds for the
annulment of the notification of award and forfeiture of the bid security (EMD)and
the firm will also be liable to make for the damages/losses suffered by TSMSIDC,
apart from blacklisting and other penal actions.
In such an event the TSMSIDC may make the award to another bidder or call for
new bids.

12.5. Inspection And Quality Test Certificate:


1. The TS MSIDC is keen on buying quality surgical items & other Goods. The
surgical items /Other Goods purchased will be subjected to rigorous quality control
by getting them tested in independent and reputed accredited or Relevant
Government Laboratories. The purchaser or his representatives shall have the right
to inspect and / or to test the surgical items to confirm their conformity to the
contract. The technical specifications shall specify what inspections and tests the
purchaser requires and where they are to be conducted.
2.Samples of supplies made in each batch will be chosen at the point of storage or
distribution or any other point as per the discretion of TS MSIDC for testing. The
samples will be sent to different Laboratories either Government /Private or
Laboratories for testing or as decided by the TS MSIDC. The Purchaser or its
representative may inspect and /or test any or all the surgical items to confirm
their conformity to the contract specifications, prior to dispatch from the
manufacturer’s premises. Such inspection and clearance will not prejudice the
right of the consignee to inspect and test the surgical items on receipt at
destination.
3. The supplies will be deemed to be completed upon receipt of the Quality
certificates from the laboratories in all cases wherever tests are prescribed.

4. Samples, which do not meet quality requirements, shall render the relevant
batches liable to be rejected and no payment shall be payable for such supply. If
the samples do not conform to statutory standards, the bidder will be also liable for
action under the relevant existing laws in addition to action as per bid conditions.
Sub-standard goods shall be returned and such goods shall be replaced to the TS
MSIDC by fresh stocks. Penalty is as per clause 13.5.9.
The purchasers right to inspect, test and where necessary reject the goods after the
goods arrival at site and shall in no way be limited or waived by reason of the
goods having previously been inspected, tested and passed by the purchaser or its
representative prior to the goods shipment from the country of origin.
5. Where there are Visible and Obvious defects in the consignment , it shall be
rejected. TS MSIDC reserves the right to reject such Drugs/Surgical. TS MSIDC
also reserves the right to reject Drugs/Surgical based on the Reports from
Empanelled Laboratories or Govt. Analyst /Government Laboratories with the
applicable penal provisions. The bidder should clearly understand that the decision
of the Managing Director, Telangana State Medical Services & Infrastructure
Development Corporation or any officer authorized by him as to assess the quality
of the supplied drugs, medicines/Surgical items etc., shall be Final and Binding.

Tender No.5/ 2022 Page: 32


12.6. Quality Testing Of Each Batch:
Each and every batch of drugs / Surgical Consumable received from the firm may
be subjected to quality test whenever required. As soon as the supply is affected
in the Drug Stores, the samples will be drawn for Testing /Analysis. Samples from
each batch will be taken randomly and sent to the different Laboratories either
Government /Private or Laboratories for testing for their quality as per respective
standards/claimed standards. Analytical Procedures should be submitted to TS
MSIDC in case they are required for analysis. Supplier should submit the
Standard Quality Testing Protocol in Technical bid on demand by TSMSIDC.

12.7. Blacklisting Of Item:


Whenever a particular product of a particular batch is declared as “Not of Standard
Quality”( NSQ) by any of the laboratories, then that item of the RC of the approved
firm will be black listed against the firm for the period of 2 years. The amount for
that batch (even if it is already consumed) will be deducted from the performance
security or amount payable to bidder. No purchase orders will be placed for the
black listed item of the firm during the rate contract (RC) period.
In case a firm is supplying more than one product and one of the products is
declared as NSQ, in such case, in addition to the measure suggested above, 25% of
total bill amount submitted by the firm for other products also will be withheld for
a period of four months and payment will be made only after monitoring
satisfactory supply of all other products.

If the supplier challenges and request for retesting, the sample shall be tested at
Government Drugs Control Laboratory (DCL). The test report of DCL will be final
and will be binding on the supplier. The cost of such retesting shall be recovered
from the supplier.

12.8. Blacklisting Of Firm:


If two or more items of any firm (from same tender or any other tender) are black
listed, then the entire firm will be black listed by TS MSIDC and it will not be
allowed to participate in tender for 3 consecutive years from the date of passing of
order. Further if a supplier is found being supplied similar items to any other
agency/state in the country during the validity of the contract with the TS MSIDC ,
at a rate lower than the rate at which they supplied under this tender , the
difference amount is liable to be recovered. The bidders indulging in these types of
activities will be blacklisted for a period of 2 years , immediately succeeding the RC
year.

12.9. Suspension Of RC Item And Procurement From Open Market:


In the event that any of the supplied item fails the quality test, or if the supplied
surgical (s) or their performance is not as per specified conditions, the supplier
shall replace the surgical items to the satisfaction of the purchaser/purchaser’s
representative. Contract with the bidder for that item shall be suspended and if
bidder delays replacement ( Exceeding 1week time period amounts to delay),
purchases will be made from other sources at the cost of the bidder. Additional
amount payable if any in such cases shall be recoverable from the bidder in
addition to any other action against the bidder as per law.
12.10. Inspection Of Manufacturing Facility: Whenever TS MSIDC feels that it is
necessary to inspect the firm and its manufacturing facility, bidder shall provide all
cooperation, data, documents and information for undertaking such inspections at

Tender No.5/ 2022 Page: 33


no cost to TS MSIDC. The Managing Director TS MSIDC reserves the right for
inspection of the Manufacturing Firms/Importing Firms participating in the tender
, by himself or by Officers appointed by the Managing Director . The inspection can
be carried out for assessing the capacity /capability /eligibility of the firm to make
supplies to TS MSIDC and to ensure that Good Manufacturing practices are being
followed by the Manufacturer. The inspections and tests may be conducted in the
premises of the supplier (s) at point of delivery and/or at the goods final
destination. Where conducted on the premises of the supplier(s) all reasonable
facilities and assistance including access to the production data, manufacturing
process, and quality control methods adopted etc., for the manufacture of the items
offered, shall be furnished to the inspectors at no charge to the purchaser.
If any adverse report is received in such inspection, TS MSIDC shall have the right
to reject the bid or terminate / cancel the orders already issued or shall have the
right not to issue any further fresh order. The Decision of the Managing Director
TS MSIDC shall be FINAL in this regard. However before doing so, bidder shall be
given show cause notice and opportunity to explain. If the reply is not found
satisfactory, TS MSIDC shall have every right to reject the bid or terminate /cancel
the orders already issued & may not further issue any purchase orders. The bidder
, whose manufacturing unit is found to be not complying the GMP during
inspection, fine of Rs 50,000/-will be levied or the expenditure incurred by the
TSMSIDC in conducting such inspection whichever is Higher. This Penalty
amount will be deducted from the EMD deposited by the bidder or from any other
amount payable to the bidder . Further the matter, will be brought to the notice of
the concerned State Drugs Controller for appropriate action if the items are Drug
related. The Supplier after receiving purchase Order should inform the TS MSIDC
in advance all the proposed dates on which manufacture of the products is taken
up, to enable TS MSIDC to plan inspections when production is in progress.

SECTION- XIII
13.A. Labelling & Packing Conditions :
1.The bidder should ensure stability of the Items supplied in the packing supplied.
All the prescribed labeling conditions including storage directions. should be Clear
& Legible (Clearly Visible to Naked Eye ) .
The conditions of the Packing shall be in accordance with this section and also as
per Annexure 1B as applicable.
2. Labeling : The Labeling indications for Drug/Surgical Items shall be in
conformity to the requirements of the Drugs and Cosmetics Rules. Other
indications specified by TSMSIDC shall be in addition to the labeling requirements
prescribed by the Law and the DCGI instructions. If labeling is not done in
prescribed manner as per Law , the Drug will be considered as Misbranded Drug.
The labels of two or more drugs/ materials supplied by the same supplier shall not
be identical or resemble in any form especially in Colour and Markings leading to
confusion in identifying the items, hence suitable mechanisms should be adopted
by the Bidder to avoid the confusion problems.
3.Label shall be printed and shall appear in English Only Except : The Logogram
wherever Telugu is indicated along with other details in English.
4.The stereo printing of Batch. Number. , Manufacturing date, Expiry Date on the
labels of Drug/Surgical Items should be Clear, Legible and Conspicuous. The said
print should not Overlap or Mask any other printed label indications.
5.Labels of all the product/items supplied should be printed with Logograms as
indicated in Annexure -1C. There is no exception for printing of Logograms on
Labels. All items supplied should also carry the printed logogram of proportionate

Tender No.5/ 2022 Page: 34


size. Affixing of stickers and Rubber stamps as Logograms shall be not accepted for
indigenously manufactured drugs/drug related items ( Unless Prior Permission in
writing is obtained from the MD TS MSIDC).
6. Printing of Maximum Retail Price or Using Labels or packing materials which are
defaced in respect of the Maximum Retail Price are strictly Not Allowed.
7.The vendor shall provide such packing of the goods as is required to prevent their
damage or deterioration during transit to their final destination. The packing shall
be sufficient to withstand, without limitation, rough handling during transit and
shall be as per specifications specified. Packing of the goods is required to prevent
their damage or deterioration and exposure to extreme temperatures, salt and
precipitation during transit and open storage. Packing case size and weights shall
take into consideration where appropriated the remoteness of the Goods final
destination and the absence of heavy handling facilities at all points in transit.
8. Drugs / medicines/Surgical/Other Materials shall be supplied in the packaging
specified for the drug/surgical and carry the design and logograms given in
Annexure 1C. The Suppliers are also required to incorporate barcodes as per GS1
Standards on tertiary and secondary packaging level. At the time of supply, vendor
is required to submit valid GS1 registration certificate/document and barcode
verification report issued by GS1 India, not older than three months from the date
of issue (applicable for verification report only). Detailed bar coding specifications
are to be as per Annexure “ 2C ”- Not applicable
9.The labeling , packing, marking and documentation within and outside the
packages shall comply strictly as per relevant law in force in addition to special
requirements as shall be expressly provided for in the Annexure 1B, 1C & 2C and
in any subsequent instructions of the TS MSIDC.
10.If the supply is received in damaged condition in respect of primary packing, it
will not be accepted .
11.If any of the Labeling parameters are not conspicuous, legible, clearly visible
the supplies shall not be accepted.
12.The expiry dates printed on the Labels of products in cases of Drugs /Surgical
Items shall be in accordance with the Drugs and Cosmetics Act and Rules,.
Minimum expiry period for products with 3 years shelf life should not be less than
2 years of the shelf life as on the date on which the store receives the product. For
products with a shelf –life of less than 3 years, the remaining shelf-life upon arrival
at the stores must be at least 80%. Fails, to supply with the said shelf life, the
goods will be not accepted. However in the interest of public, goods will be
accepted at the discretion of Tender Inviting Authority at the penalty as
mentioned at 13.1
13.1. Acceptable Deficiencies/ Deviations /Damages and Penalty levied :
1. In case of any deficiencies or damages in the secondary or tertiary packing,
marking, documentation, or any of the labelling indications, or any of the Labelling
and Packing conditions stated in Para 13A., or in the event of items supplied are
found to be not as per specifications, the supplies will be “Automatically
Rejected”. The TSMSIDC will be at liberty to make alternative purchases of the
item for which the Purchase Orders have been placed from any other sources or
from the open market or from any other Bidder who might have quoted higher rates
at the risk and the cost of the Supplier. In such cases TS MSIDC has every right to

Tender No.5/ 2022 Page: 35


recover the cost and impose penalties. However, such stocks/goods may be
accepted in extraordinary circumstances and only in specific cases, if the public
interest in accepting such stocks overweighs in importance any such Rejection.
Discretion of Acceptance of such deficient goods lies with TSMSIDC (Provided
Goods Can Be Used Safely) in view of Necessity & in the interest of Public Health.
However, any acceptance of deficient goods would only be with regard to acceptable
deviations. Acceptance is levied with levying of a penalty of 2% on the total value of
such goods even for a single deviation of the prescribed specifications.
2. If the samples do not conform to statutory standards, the Tenderer will be liable
for relevant action under the existing laws and the entire stock in such batch has
to be taken back by the Tenderer within a period of 30 days of the receipt of the
letter from the TSMSIDC, Such stock shall be taken back at the expense of
the Tenderer. The TSMSIDC, has the right to destroy such “NOT OF
STANDARD QUALITY” if the Tenderer does not take back the goods
within the stipulated time. The TSMSIDC, will arrange to destroy the “NOT OF
STANDARD QUALITY” after the expiry of 30 days mentioned above
without further notice. The tenderer should not claim the quantity/ amount
for the rejected goods after this period. TSMSIDC, will incinerate these
rejected goods and incineration cost will be recovered from the supplier on the
basis of weight (in Kg) of rejected Not of Standard Quality (NSQ). TSMSIDC will
incinerate these items as per the Bio-Medical waste management rules in vogue.
The expenditure incurred for the process will be recovered in double from the
tenderer either from the performance security or from his personal properties.
3.If Bidder supplies the items in more number of Batches than prescribed as per
Purchase Order, then the total extra costs incurred by TS MSIDC in procuring the
samples from CMS , Sending them to Laboratories and the Testing Charges in all
will be deducted in Double the amount incurred by TSMSIDC for the above purpose
.
4. If any of the item supplied by the Tenderer 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 otherwise faulty or unfit for consumption, then
the contract price for the quantity not consumed and informed to take back, will be
recovered from the tenderer, if payment have already been made.
5. In other words the Tenderer will not be entitled for any payment whatsoever for
the items found to be of “NOT OF STANDARD QUALITY” which is not consumed
and informed to take back and the TSMSIDC is entitled to deduct the cost of such
batch of item from any amount payable to the Tenderer. On the basis of the nature
of failure, action will be initiated to blacklist the product/supplier.
6. For the supply of Adulterated/Spurious/Misbranded items to TSMSIDC, the
firm/company shall be blacklisted by TSMSIDC, and no further supplies shall
be accepted from the firm/company. The Tenderer shall also not be eligible to
participate in tenders of Tender Inviting Authority of TSMSIDC, for Supply of
Surgical items for a period of 3 years from the date of blacklisting.
7.In case of supply of NOT OF STANDARD QUALITY item(s) to TSMSIDC, the
product shall be blacklisted by TSMSIDC, and no further supplies shall be
accepted for that particular item(s). The Tenderer shall also not be eligible to
participate in tenders of TSMSIDC, for supply of such item for a period of 2 years

Tender No.5/ 2022 Page: 36


from the date of blacklisting. In addition, the Director of Drugs Control of the
concerned State will be informed for initiating necessary action on the Tenderer in
their state. Performance Security paid will also be forfeited without any Intimation.
8. In case of supply of admixed product(s) to TSMSIDC, the product(s) shall be
blacklisted by TSMSIDC, and no further supplies shall be accepted for the
particular item(s). The Tenderer shall also not be eligible to participate in
tenders of TSMSIDC, for supply of such item for a period of 2 years from the date of
blacklisting. In addition, the Director of Drugs Control of concerned State will be
informed for initiating necessary action on the Tenderer in their state. Performance
Security paid will also be forfeited without any intimation.
9. The Tenderer shall furnish the source of procurement of raw material utilized in
the formulations, if required by the TSMSIDC, The TSMSIDC, reserves the
right to cancel the purchase orders, if the source of supply is not furnished.
10. The decision of the TSMSIDC, or any officer authorized by him, as to the
quality of the supplied items etc., shall be final and binding.
11. The TSMSIDC, 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
besides forfeiture of Performance Security.
12. For infringement of the stipulations of the contract or for other justifiable
reasons, the contract may be terminated by the TSMSIDC, and the Tenderer shall
be liable to pay for all losses sustained by the TSMSIDC, in consequence of the
termination which may be recovered personally from the Tenderer or from his
properties, as per rules besides forfeiture of Performance Security.
13. Non-performance of any of the contract conditions and provisions will
disqualify a firm from participating in the tender for the next 2 years besides
forfeiture of Performance Security and non execution penalty.
14. In the event of making Alternative Purchase, as specified in Clause 13.12,
penalty will be imposed on the supplier. The excess expenditure over and above
contracted prices incurred by the TSMSIDC, 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
Performance Security or from any other money due and which becomes due to the
supplier and in the event of such amount being insufficient, the balance will be
recovered personally from the supplier as per rules.

15. If the samples have expired as per clause 4.2.10, the entire stock in such a
batch has to be taken back by the Tenderer within a period of 30 days of the
receipt of the letter from the TSMSIDC. Such stock shall be taken back at the
expense of the Tenderer. The TSMSIDC, has the right to destroy such EXPIRED
STOCK, if the Tenderer does not take back the goods within the stipulated time.
The TSMSIDC, will arrange to destroy the EXPIRED STOCK after the expiry of 30
days mentioned above without further notice. The tenderer should not claim the
quantity/ amount for the rejected goods after this period. TSMSIDC, will incinerate
these rejected goods and incineration cost will be recovered from the supplier on
the basis of weight (in Kg) of rejected Expired Item. TSMSIDC will incinerate these
items as per the Bio-Medical waste management rules in vogue. The expenditure

Tender No.5/ 2022 Page: 37


incurred for the process will be recovered in double the amount expended from the
tenderer either from the performance security or from his personal properties.

16. In all the above conditions, the decision of the TSMSIDC, shall be final and
binding.
13.2. Delivery of Goods/Services and Documents to be Submitted:
Delivery of the goods/services shall be made by the vendor in accordance with the
terms specified in the Table/Schedule of requirements/ in the Notification of
Award. The details of shipping and / or other documents to be furnished and
submitted by the vendor are specified below.

13.2.A.For Goods supplied from abroad:


a.Within 24 hours of shipment, the Vendor shall notify the TS MSIDC and the
Insurance Company by fax or email with full details of the shipment including
contract number, description of goods, quantity, the vessel, the bill of loading
number and date, port of loading, date of shipment, port of discharge, etc. The
Vendor shall post or fax or email the following documents to the TS MSIDC, with a
copy to the Insurance Company.
b. Four copies of Supplier’s invoice showing goods description, quantity, unit price
and total amount.
c.4 copies of packing list identifying contents of each package.
d.Insurance certificate; Manufacturer's/Supplier's certificate. Inspection
certificate, issued by the nominated inspection agency and the Supplier's
factory inspection report; and
e.Certificate of origin.
The above documents shall be received by the TS MSIDC at least one week before
arrival of Goods at the port or place of arrival.
13.2.B.For Goods from within India:
Upon delivery of the goods to the user, the vendor shall notify the TS MSIDC
and mail the following documents to the TS MSIDC:
1.Four copies of the Vendor invoice ( NOT Delivery Challans ) showing goods
description, quantity, unit price total amount and all other details as required
by various laws.
2.Delivery note, or acknowledgement of receipt of goods as per specifications
and in good condition from the User/Representative of User where goods are
scheduled to be delivered.
3.Manufacturer's certificate.
4.Factory Inspection Certificate.
5.Insurance policy.
6.Excise gate pass, Octroi receipts wherever applicable.
The above documents shall be received by the TS MSIDC before arrival of the
Goods (Except delivery note which is to be handed over to the user).
13.3.Insurance:
It is suggested that the goods supplied under the contract shall be fully insured in
a freely convertible currency against loss or damage incidental to manufacture or
acquisition, transportation, storage, and delivery up to user site. The insurance
should be for replacement value from “Warehouse to warehouse (final destination)”
on “All Risks”.
13.4. Transportation:
Transport of the goods to the project site(s) (All Medicine/Drug stores) shall be
arranged by the vendor at his cost.
13.5. Payments & Deductions:

Tender No.5/ 2022 Page: 38


1.The vendor's request(s) for payment shall be made to the TS MSIDC in writing,
accompanied by an invoice describing, as appropriate, the goods/service delivered/
performed.
2.Bidder can raise invoice(s) for each PO as follows:
a. If value of PO is below Rs.20.00 lakhs: One invoice only after
completing at least 95% of indented quantity.
b. If PO value is Rs.20.00 lakhs or more but below Rs.50.00 Lakhs:
Maximum Two invoices. First invoice after supplying at least 48% and
second invoice after at least 95% of indented quantity.
c. If PO value is more than Rs.50.00 lakhs: Maximum Three invoices.
First invoice after supplying at least 28%, second invoice after at least
58% and third after at least 95% of indented quantity.
d. Payments will be made as per the guidelines of Govt. of Telangana &
TSMSIDC.
e. Bills will be processed once the analytical reports are received
from the Empaneled Labs/DCL.

3.Tenderer can opt for a Fastrack payment schedule, wherein the payments against
supply will be processed within 30 days from the date the invoice has been
submitted to TSMSIDC. Provided the Analysis report submitted at the time of
delivery is from a Government Laboratory (DCL/ CDSCO).

4.Payments shall be made after submission of a valid invoice or claim by the


vendor. The vendor should submit the invoice or claim to the TSMSIDC not later
than 45 days after the Last day of Supply of goods. If delay occurs in submission of
claim, the TSMSIDC does not owe any responsibility whatsoever for delayed
payment.
5.The currency of payment will be Indian Rupees.
6.Bidders may note that taxes as applicable from time to time will be deducted at
source at the time of making payment.

13.6. Prices:
1. Prices charged by the Vendor for goods delivered and services performed
under the contract shall not vary from the prices quoted by the Vendor in its
bid and accepted by TS MSIDC, with the exception of any price adjustments
authorised in special conditions of contract or in the request for bid validity
extension, as the case may be.
2. The Bidder shall not charge a higher price to TSMSIDC than the price he
charges or quotes to any other Govt. organization or to a Private Agency
during the validity period of Rate Contract for a Similar Product. If it is found
that the firm has quoted a lower rate in another tender for another
organization in the country and that it has not passed on the benefit of the
lower rate to TSMSIDC, the differential amount will be deducted from the bills
of the Firm. Further such firms will be blacklisted for a period of 2 years.
3. The quantity mentioned in bid is only indicative and actual requirement may
go up or go down. The Rates shall not vary with the quantum indicated in
order during the RC period.
13.7. Modified Orders:
TS MSIDC may, at any time, by written order given to the Vendor, make changes
within the general scope of the Contract in any one or more of the following:
1. Specifications, where Goods to be supplied under the Contract are to
be specifically manufactured for the TS MSIDC.
2. The method of shipment or packing.

Tender No.5/ 2022 Page: 39


3. The place of delivery and/or the services to be provided by the Vendor.
If any such change causes an increase or decrease in the cost of, or the time
required for, the vendor's performance of any provisions under the contract, an
equitable adjustment by mutual agreement shall be made in the contract price or
delivery schedule, or both, and the contract shall accordingly be amended. Any
claims by the Vendor for adjustment under this clause must be asserted within
thirty (30) days from the date of the Vendor's receipt of the change order.
13.8. Contract Amendment:
No variation in or modification of the terms of the Contract shall be made except by
written amendment signed by the parties as already stated at clause 11.5.b.
13.9. Assignment:
The Vendor shall Not assign, in whole or in part, its obligations to perform under
this Contract, except with the prior written consent from TS MSIDC.

13.10. Delays in the supplier's performance:


1.Delivery of the Goods and performance of the services shall be made by the
Vendor in accordance with the time schedule specified by the TS MSIDC in the bid.
2.If at any time during performance of the Contract, the Vendor should encounter
conditions impending timely delivery of the goods and performance of services, the
Vendor shall promptly notify the TS MSIDC in writing of the fact of the delay, its
likely duration and its cause(s). As soon as practicable after receipt of the vendor's
notice, TS MSIDC shall evaluate the situation and may at its discretion extend the
Vendor's time for performance, with or without liquidated damages.
3.A Delay by the Vendor in the performance of its delivery obligations shall render
the vendor liable to the imposition of appropriate liquidated damages, unless an
extension of time is agreed upon by TS MSIDC without liquidated damages in
writing.
4.The quality of items procured and timely supplies without default are being given
paramount importance by the Corporation. The Corporation will be dealing with
defaulters in these fronts with a firm hand, which may lead to cancellation of
orders, black listing, imposing of penalties and recovery of damages etc.

13.12. Liquidated Damages:


A. If the Vendor fails to deliver any or all of the goods or perform the services within
the time period(s) specified in the Contract, the TS MSIDC shall, without prejudice
to its other remedies under the Contract, deduct from the Contract Price, as
liquidated damages, a sum equivalent to, as per the terms indicated in the bid
document, until actual delivery or performance, subject to maximum limit. Once
the maximum is reached, Purchase order/contract shall be deemed cancelled for
that item unless it is revived, on request from bidder, by TS MSIDC with or without
penalty

FOR CATEGORY “A”

If the supply reaches the designated places or District Drug Warehouse between
5 PM of the 50th day and 5 PM of 70th days from the date of issue of the purchase
order, a liquidated damages will be levied at 0.5% per day irrespective of the fact
that whether the TSMSIDC, has suffered any damage/loss or not, on account of
delay in supply. If the due day happens to be a holiday the supply will be accepted
on the next working day without any penalty.

Tender No.5/ 2022 Page: 40


FOR CATEGORY “B”

If the supply reaches the designated places or District Drug Warehouse between
5 PM of the 70th day and 5 PM of 90th days from the date of issue of the purchase
order, a liquidated damages will be levied at 0.5% per day irrespective of the fact
that whether the TSMSIDC, has suffered any damage/loss or not, on account of
delay in supply. If the due day happens to be a holiday the supply will be accepted
on the next working day without any penalty.

FOR CATEGORY “A”

If there are any unexecuted orders after 5 PM of 70th day /upto the date of delivery
extension granted whichever falls later (as the case may be), from the date of
purchase order, the order shall stand cancelled automatically after levying penalty
@ 10% on the value of non-executed order and such penalty is recoverable from
any amount payable to the supplier. In case of alternate purchase effected due to
non-execution, the differential cost incurred or the unexecuted fine whichever is
higher will be levied.

FOR CATEGORY “B”

If there are any unexecuted orders after 5 PM of 90th day /upto the date of delivery
extension granted whichever falls later (as the case may be), from the date of
purchase order, the order shall stand cancelled automatically after levying penalty
@ 10% on the value of unexecuted order and such penalty is recoverable from any
amount payable to the supplier. In case of alternate purchase effected due to
unexecution, the differential cost incurred or the unexecuted fine whichever is
higher will be levied.

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 to the
extent of damaged value of supply received at the destination place.

All the Tenderers are required to supply the product(s) with printed logogram of
appropriate size on the strips, blisters, vials, ampoules & bottles and with
prescribed packing specification. If there are any deviation in these Tender
conditions, action will be taken to blacklist the product and/or a separate damages
will be levied @ 2% of value of the defaulted quantity irrespective of the Tender
Inviting Authority having actually suffered any damage/loss or not, without
prejudice the rights of alternative purchase

B. Penalty for Non Execution will be @ 10% of the value of the unexecuted value of
the Purchase Order. (Excluding Liquidated Damages).

13.12. Termination for Default:


1. The TS MSIDC, without prejudice to any other remedy for breach of
Contract, by written notice of default sent to the Vendor, may terminate the
Contract in whole or in part:
a. If the Vendor fails to deliver any or all of the Goods/services within the time
period(s) specified in the contract, or within any extension of time thereof
granted by the TS MSIDC or
b. if the Vendor fails to perform any other obligation(s) under the Contract
or

Tender No.5/ 2022 Page: 41


c. if the Vendor, in the judgement of the TS MSIDC has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract.
2. In the event the TS MSIDC terminated the contract in whole or in part, TS
MSIDC may procure, upon such terms and in such manner as it deems
appropriate, goods or services similar to those undelivered, and the Vendor
shall be liable to the TS MSIDC for any excess costs for such similar
goods or services. However, the Vendor shall continue performance of the
contract to the extent not terminated.
13.13. Force majeure:
1. The Vendor shall not be liable for forfeiture of its performance security,
liquidated damages, or termination for default, if and to the extent that its
delay in performance or other failure to perform its obligations under the
Contract is the result of an event of Force Majeure.
2. For purposes of this clause, "Force Majeure" means an event beyond the
control of the Vendor and not involving the Supplier's fault or negligence
and not foreseeable. Such events may include, but are not restricted to,
acts of the TS MSIDC in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions and freight embargoes.
3. If a Force Majeure situation arises, the Vendor shall promptly notify the TS
MSIDC in writing of such condition and the cause thereof. Unless otherwise
directed by the TS MSIDC in writing, the Vendor shall continue to perform
its obligations under the Contract as far as is reasonably practical, and shall
seek all reasonable alternative means for performance not prevented by the
Force Majeure event.
13.14. Termination for Insolvency:

TS MSIDC, may at any time terminate the contract by giving 30 days written
notice to the Vendor if the Vendor becomes bankrupt or otherwise insolvent.
In this event, termination will be without compensation to the Vendor,
provided that such termination will not prejudice or affect any right of
action or remedy which has accrued or will accrue thereafter to the TS
MSIDC.
13.15. Termination for convenience:
1. TS MSIDC, may at any time by giving 30 days written notice to the Vendor,
terminate the Contract, in whole or in part, for its Convenience. The notice
of termination shall specify that termination is for the TS
MSIDC/Purchaser's convenience, specify the extent to which performance of
the Vendor under the Contract is terminated, and specify the date upon
which such termination becomes effective.
2. The goods that are complete and ready for shipment within thirty (30) days
after the vendor's receipt of notice of termination shall be accepted by the TS
MSIDC at the contract terms and prices.
3. The bidder will not be entitled for any compensation whatsoever in respect of
such termination.
13.16. Resolution of disputes:
1. The TS MSIDC and the Vendor shall make every effort to resolve
amicably by direct informal negotiation any disagreement or dispute arising
between them under or in connection with the contract.
2. If, after thirty (30) days from the commencement of such informal
negotiations, the TS MSIDC and the Vendor have been unable to resolve
amicably a contract dispute, either party may require that the dispute be
referred for resolution to the formal mechanisms specified here in. These

Tender No.5/ 2022 Page: 42


mechanisms may include, but are not restricted to, conciliation mediated by
a third party.
3. Reference to arbitration shall be a condition precedent to any other action at
law or in terms of the conditions of this document.
4. The dispute resolution mechanism shall be as follows:
a. In case of a dispute or difference arising between the TS MSIDC and
the Vendor relating to any matter arising out of or connected with this
agreement, such disputes or difference shall be settled in accordance
with the Arbitration and Conciliation Act, of India,2015.
b. Each party shall have the right to appoint one arbitrator and the third
arbitrator shall be appointed by Indian Council of Arbitration.
c. The Arbitration proceedings shall be conducted at Hyderabad in
English language.
d. The award given by arbitrators shall be final and binding on the
parties.
13.17. Governing language:
The contract shall be written in English. All correspondence and other documents
pertaining to the contract which are exchanged by the parties shall be written in
the same language.
13.18. Applicable law:
The contract shall be interpreted in accordance with Appropriate Indian Laws.
13.19. Notices:
1. Any notice given by one party to the other pursuant to this contract shall be
sent to the other party in writing or by email or facsimile and confirmed in
writing to the other party’s address.
2. A notice shall be effective when delivered or tendered to other party
whichever is earlier.
13.20. Taxes and Duties:
The vendor shall be entirely responsible for payment of all Central or State or any
other taxes, duties, license fee, Octroi, road permits etc. incurred until delivery of
the contracted Goods/services at the site of the user or as per the terms of tender
document /Purchase Order , if specifically mentioned. The rates quoted by the
bidder shall be deemed to be inclusive of the sales and other taxes that the bidder
will have to pay for the performance of this contract. The statutory changes in the
taxes and duties during the validity of the Contract are applicable, provided the
bidder clearly provides the break-up of the price components and taxes at the time
of bid submission.
13.21. Patent Rights:
The supplier shall indemnify the purchaser against all third party claims of
infringement of patent rights, trade mark, industrial design rights arising from the
use of the goods or part thereof.
13.22.Saving Clause:
No suit, prosecution or any legal proceedings shall lie against the Bid inviting
Authority or any person for anything that is done in good faith or intended to be
done in pursuance of the tender.
13.23. Jurisdiction:
In the event of any dispute arising out of the tender such dispute would subject to
the Jurisdiction of the Civil Court within the city of Hyderabad.

SECTION - XIV
14. Special conditions:

Tender No.5/ 2022 Page: 43


1. If the product is in BP/USP/EP/(IH) , at the time of granting product Licence by
the DCA and the product later incorporated in Indian Pharmacopeia , the product
then shall be supplied with IP specification only by Direct Manufacturers , except
by Direct Importers .

2.If the product is not in IP, the firms who are having product approval in BP/
USP/EP/IH are eligible to participate in the tender.
3. Minimum 50% of the quantity earmarked to be supplied to each Store
mentioned in PO and an overall supply of 80% of Purchase Order Quantity shall be
supplied Or else penalty of Non – execution as per clause 13.12.B attracts.

2.The supplier is required to Update information with regard to supply of Drugs


/Surgical Items /Execution of Supply on the “Supplier Inter Phase Desk” in the e-
aushadhi application.

3.Apart from the general requirements , other technical details of individual


packing requirement as mentioned against each item in Annexure 9 shall be
complied.

4.In case of any complaints are received on any item from end users, bills will be
withheld till receipt of analytical report . Further action will be taken on the basis
of report.

5.The products must comply with general requirements of the item as the
applicable standards of the country of the manufacture (ex: ISI etc.) while in
respect of Drug/Surgical related items as per the Indian Pharmacopeia (IP) . In case
the product is not included in IP but is official in BP or USP , it should comply with
requirements given in those pharmacopeia’s.
5. The expiry dates printed on the Labels of products shall be in
accordance with the Drugs and Cosmetics Act and Rules,
a) Minimum expiry period for products with 3 years shelf life should
not be less than 2 years of the shelf life as on the date on which
the store receives the product.
b) For products with a shelf –life of less than 3 years, the remaining
shelf-life upon arrival at the stores must be at least 80% or 2
years whichever is less.
c) The shelf life for Imported items should not less than 60% of
original total shelf life and the supplier shall provide proof of
documents for the items which imported.
d) Fails to supply with specified shelf life the goods will not be
accepted.
However in the interest of public, goods will be accepted at the
discretion of Tender Inviting Authority at the penalty as mentioned at
13.11 and it is not a right of the supplier.

7.The supplier should supply the ordered quantity as given in the


purchase order irrespective of batch sizes.

ANNEXURE – 1A
ADDRESSES OF TS MSIDC CENTRAL MEDICINE/DRUG STORES.(Part A)
Sl. District Name Complete Address E-mail ID Land Mobile

Tender No.5/ 2022 Page: 44


No line Number
. Number
Central Medicine Store,
TS MSIDC
1 ADILABAD
Opp: RIMS hospital, 08732- 8978680894
ADILABAD 504001. cdsadilabad@gmail.com
223602
Central Medicine Store,
TS MSIDC
2 HYDERABAD S.D.Eye Hospital Premises, 040- 8978680699
Mehdipatnam, hyderabaddrugs@gmail.com 23311097
HYDERABAD.
Central Medicine Store,
TS MSIDC 8978680903
3 KARIMNAGAR 0878-
DM& HO Campus, cdskarimnagar@rediffmail.com
KARIMNAGAR- 505001. 2250096
Central Medicinal Store,
TS MSIDC
4 KHAMMAM Government Hospital 8978680913
Compound, , cdskhammam@gmail.com
KHAMMAM. - 507 002
Central Medicinal Store,
TS MSIDC 8978680689
5 MAHBOOBNAGAR
Dist Hospital campus
08542-
cdsmahaboobnagar@gmail.com
247423
MAHABOOB NAGAR
Central Medicine Store,
TS MSIDC 8978680917
6 MEDAK Govt.District Hospital 08455-
cdssangareddy@gmail.com
Campus, 274409
SANGAREDDY – 502 001.
Central Medicine Store,
TS MSIDC
7 NALGONDA
Govt. Hospital Campus, 08682- 8978680686
NALGONDA-508001 cdsnalgonda@gmail.com
223713
Central Medicine Store,
TS MSIDC
8 NIZAMBAD Ganesh Nagar colony, 8978680890
Gangastan Phase – I, cdsnizamabad@gmail.com
NIZAMABAD
Central Medicine Store,
TS MSIDC
9 RANGAREDDY DM& HO Campus, 8978680682
040-
Shivarampally, cmsrangareddy@gmail.com
RANGA REDDY -500052 24013345
Central Medicine Store,
TS MSIDC 0870-
10 WARANGAL cdswarangal@gmail.com 8978680909
Govt TB Hospital Compound 2510710
HANAMKONDA -506001

ADDRESSES OF TS MSIDC SUB- STORES /DEPOTS. (Part B)


Sl. District Name Sub – Stores E-mail ID Land line Mobile
No At Number Number
.

Tender No.5/ 2022 Page: 45


1 ADILABAD Mancherial
2 KARIMNAGAR Jagityal
3 KHAMMAM Kothagudem
4 MAHBOOBNAGAR Wanaparthy
Data will be Provided Later along with Purchase
5 MEDAK Siddipet
Orders.
6 NALGONDA Suryapet
7 NIZAMBAD Banswada
8 RANGAREDDY Vikarabad
9 WARANGAL Mulugu

ANNEXURE – 1B

PACKING SPECIFICATIONS

GENERAL SPECIFICATION :

1. No corrugated package should weigh more than 15 kgs (ie. Product + inner
carton + corrugated box). Except in the following cases :
2. All Corrugated boxes should be of ‘A’ grade paper ie., Virgin.
3. All items should be packed only in first hand box only.
4. Flute :The corrugated boxes should be of narrow flute.
5. Joint : Every box should be preferably single joint and not more than two joint.
6. Stitching : 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
jointed using calico at the corners.
7. Flap : The flaps should uniformly meet but should not overlap each other. The
flap when turned by 45-60o should not crack.
8. Tape : Every box should be sealed with gum tape running along the top and
lower opening.
9. Carry strap: Every box should be strapped with minimum two parallel nylon
carry straps. (They should not intersect).
10.Label:Every corrugated box should carry a large label clearly indicating the
Parameters mentioned as Annexure – 2C in addition to any other parameters as
required to be printed by the Manufacturer. The lower one third of the large label
will indicate in bold the value of the product.
11.The product label on the carton should be large at least 15 CMS x 10 CMS
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.
OTHERS:
12.No box should contain mixed products or mixed batches of the same product.

Tender No.5/ 2022 Page: 46


13.All corrugated boxes containing glass items should be labeled “Fragile”.

Tender No.5/ 2022 Page: 47


ANNEXURE – 1C

DESIGNS FOR LOGOGRAMS TO BE PRINTED LEGIBLY


OVER LABELS OF PRIMARY PACKING.

OR

** The Logo is Combination of both the Circles and the words underneath the
circles. No short cutting of words to be adopted.

Tender No.5/ 2022 Page: 48


ANNEXURE – 2C

LABELLING FOR SECONDARY PACKING & OUTER CARTON:

TELANGANA STATE GOVERNMENT SUPPLY


NOT FOR SALE
and
Barcode Labeling: DELETED
1. Tertiary Packaging: Incorporation of barcode at tertiary level packaging
incorporating the following data attributes:
(a) Homogenous Packing Only (label with two barcodes)
Is defined as a package containing multiple units of the same (only one) product
packaging type. In case of homogeneous pack, two barcodes shall appear on the
label as illustrated below:
The first barcode shall encode:
• Product Identification code (GTIN-14) of the secondary (or primary if there
are is no secondary packaging) preceded by Application Identifier (02)
• Manufacturing Date in YYMMDD format preceded by Application
Identifier (11)
• Expiry Date in YYMMDD format preceded by Application Identifier (17)
• Count of secondary (or primary) within the logistic unit (tertiary pack)
preceded by Application Identifier (37)
• Batch/Lot Number (Maximum 4 Digit Numerical only) preceded by
Application Identifier (10)
The second barcode shall encode:
• SSCC to identify uniquely each tertiary level pack preceded by
Application Identifier (00)
It is mandatory to print data encoded in barcodes as human readable information.
Barcode Symbology: GS1-128
In case of GS1-128 barcode, the data encoded should not be more than 48
characters in a single barcode and length of a single barcode should not exceed
165mm. If it exceeds more than 48 characters or 165mm (including quiet zones)
then it should be split into two barcode labels.

1st Barcode

4”

2nd Barcode

6”

Minimum label size for tertiary pack - 6”x4”

(Schematic sample representation of Barcode on Tertiary Homogenous Pack)

In the pre - page Illustration the barcode encodes the following data:

Tender No.5/ 2022 Page: 49


Application Identifier to indicate the unique product code.
(02)
Brackets are not encoded in the barcode

Unique GTIN-14 for secondary packaging (or primary


18901117567891
packaging if there is no secondary)

Application Identifier to indicate the production date of the


(11)
product. Brackets are not encoded in the barcode

Manufacturing date in YYMMDD format ( 1st January 2013 in


130101
this case)

Application Identifier to indicate the expiry date of the


(17)
product. Brackets are not encoded in the barcode

Expiry date in YYMMDD format ( 1st January 2015 in this


150101
case)

Application Identifier to indicate the count of secondary (or


(37)
primary if there is no secondary) in the tertiary pack
Count of secondary (or primary if there is no secondary)
30 packaging inside the tertiary. This field can have maximum 5
numeric characters (variable length)
Application Identifier to indicate the batch number of the
(10)
product. Brackets are not encoded in the barcode

4256 Batch number / Lot number of the product. 4 digits deleted

Application Identifier to indicate the unique serial number


(00) of the tertiary pack. Brackets are not encoded in the
barcode

089011175678000018 18 digit numeric serial number of the tertiary pack

Structure of GTIN-14 for tertiary packaging:

18901117567899
Indicator Digit (Same GS1 Item Check
as the secondary Company Reference Digit
level of packaging) Prefix

2. Secondary Packaging: Incorporation of barcode at the secondary level


packaging incorporating the following data attributes
Incorporation of barcode at secondary level packaging incorporating the following
data attributes:
a. Unique product identification code (GTIN-14)
b. Manufacturing Date
c. Expiry Date
d. Batch No. (Restricted to maximum 4 digit numerical)
e. Unique Serial No. of the Secondary pack {Serialization}

Tender No.5/ 2022 Page: 50


It is mandatory to print data encoded in barcodes as human readable information.
The above data can be encoded using 2D or 1D barcodes by using GS1 Data Matrix
or GS1-128 barcode Symbology respectively as illustrated below.
In case of GS1-128 barcode, the data encoded should not be more than 48
characters in a single barcode. If it exceeds more than 48 characters then it should
be split into two barcode labels.

Schematic representation of Barcode on Secondary Pack:

GS1 Datamatrix
(01)18901117567891
(11)130101
(17)150101
(10) 4256
(21) mnop9876
GS1-128
OR

Sample picture of secondary pack:

In the pre-page Illustration the barcode encodes the following data:

Application Identifier to indicate the unique product


(01)
code. Brackets are not encoded in the barcode

18901117567891 GTIN-14 for secondary packaging

Application Identifier to indicate the production date of


(11)
the product. Brackets are not encoded in the barcode

Manufacturing date in YYMMDD format ( 1st January


130101
2013 in this case)

Tender No.5/ 2022 Page: 51


Application Identifier to indicate the expiry date of the
(17)
product. Brackets are not encoded in the barcode

Expiry date in YYMMDD format (1st Jan 2015 in this


150101
case)

Application Identifier to indicate the Batch number or


(10)
Lot number. Brackets are not encoded in the barcode

Batch number / Lot number of the product (This field


4256
can have maximum 4 Digit numerical only)- DELETED

Application Identifier to indicate the unique serial


(21)
number. Brackets are not encoded in the barcode

Unique serial number of the secondary pack (This field


mnop09876 is alpha numeric and of variable length field varying
from 1 to 20 digits)

Structure of GTIN-14 for secondary packaging:

18901117567891
Indicator Digit (For Company Item Check
the secondary level of Prefix Reference Digit
packaging)

Data Sharing:

Master Data: The supplier should share the GTIN data with TSMSIDC before
sending the supplies as part of the master data.
Format for Master Data Sharing:
Brand Generic Secondary No:of Tertiary No:of
Name Name GTIN Primary GTIN Secondary
Packs Packs

For further details on implementation of GS1 Standards as well as barcode


verification services, please contact the GS1 implementation service at the following
contacts: Mr. Hemanth Kumar, +91-80-23305553 / Email: hemanth@gs1india.org
/implementation@gs1india.org
Phone:+91-80-23305554 Website:http://gs1india.org

Tender No.5/ 2022 Page: 52


ANNEXURE – 1D
DECLARATION OF RESPONSIBLE PERSON
I, ____________________________________ s/o __________________________aged about
____________ years , resident of __________________________________ do hereby affirm
on Oath as Under.

That, I am Managing Director/Director / Proprietor /Managing Partner /Partner of


M/s ______________________________________________ on whose behalf a application
for grant of license to manufacture Drugs/Surgical Items/Other
Materials/Items/Products has been made to the concerned Licensing Authorities, .

In case of Products other than Drug/Surgical Items: That , I am responsible for


the day to day affairs and conduct of business of M/s
____________________________________________ and I may be held liable for any act
of omission or commission.

In case of Drug/Surgical Items : That , I am responsible for the day to day affairs
and conduct of business of M/s ____________________________________________ for
the purpose of Section 34 of the Drugs and Cosmetics Act, 1940 to which
M//s____________________________________________ and its Director /Partners etc.,
are held liable for any act of omission /commission punishable under the Drugs
and Cosmetics Act, 1940.

That , in the event of any change in the Constitution of the Company, I will inform
the TSMSIDC during the contract period. The following are the Directors
/Partners of the Company whose names and permanent addresses are given below.

Sl.No. Name S/o or D/o Age Residential


Address.

I, Sri/Smt. ________________________________________________do hereby declare on


Oath that the above contents are true to the best of my knowledge and belief and
nothing has been hidden.

DEPONENT

Attested by Public Notary


**Note : 1. Declaration to be invariably signed by Managing Director / Director
/ Proprietor / Managing Partner / Partner / Authorized Person
2. To be attested by Notary. ( On Rs.200/- Stamped Paper).
3. If Bidder is Authorized Distributor He should submit One Form filled
and signed as bidder and One form filled and signed by the
Manufacturer.

Tender No.5/ 2022 Page: 53


ANNEXURE – 2D
DECLARATION OF NON – CONVICTION/BLACKLIST

Sl. Parameter Details

1. Name and Address of the Firm

Has the Firm ever been convicted?


2.
If Yes, the Details may be furnished.
Are any Court Cases pending in the
3. Judicial Courts on the Firm .
If Yes the Details may be furnished.
Has the Firm ever been Debarred
/Blacklisted by any Procurement
4.
agency?
If Yes, the Details may be furnished.
Has the firm ever been Debarred
/Blacklisted for supply of products, by
5.
TSMSIDC or any Govt. Undertakings?
If Yes, the Details may be furnished.
Details of Drugs/Surgical Items
declared as Not of Standard Quality
pertaining to the Firm in the years
2016-17; 2017-18; 2018-19.
If Any with
6.
a.Name Of Drug/Surgical
b.Batch Number
c.Number Analytical Report in Form 13
or Form 2.
d.Name of Lab Declaring NSQ.

I, Sri/Smt. ________________________________________________do hereby declare on


Oath that the above contents are true to the best of my knowledge and belief and
nothing has been hidden.

DEPONENT

Attested by Public Notary


**Note : 1. Manufacturing site address to be mentioned invariably in
Annexure 2D
2. To be attested by Notary. ( On Rs.200/- Stamped Paper).
3. If Bidder is Authorized Distributor He should submit One Form filled
and signed as Bidder and One form filled and signed by the
Manufacturer.
4. Strike off whichever is not applicable.

Tender No.5/ 2022 Page: 54


ANNEXURE – 3D
DECLARATION OF GMP/WHO GMP IN CASE OF DRUG RELATED PRODUCTS
I / We, Managing Director/ Director/ Proprietor / Managing Partner / of
M/s_______________________________________________________________ having its
Registered Office/Place of business at _____________________________and its Factory
Premises at _____________________________do hereby declare that, I/We have
carefully read all the conditions of Tender Notice No. -----------------------, Dt.---------
for the procurement of Drugs/Surgical for the period of 2022-23 floated by the of
TSMSIDC and I/We do accept(s) all the terms and conditions of the Tender
document including amendments of the tender, if any, published by the
Corporation.
I/We declare that I/We possess the valid manufacturing/import license and
GMP Certificate as per revised Schedule-'M' issued by the Competent Authority and
comply and shall continue to comply with the conditions laid in Schedule M of
Drugs & Cosmetics Act 1940 and the Rules made there under. I/We do hereby
understand and agree that in the event of I/We failing to adhere to the GMP norms
at any stage when the contract is in operation, the bid will be rejected/contract will
be liable to be terminated and where the failure is observed after the conclusion of
the contract, we will be liable to be blacklisted according to the provisions of this
tender.
I/We declare that we possess all the legal license(s)/permits for manufacture
and supply of the material(s) bided; that we possess the necessary facilities for the
production, have adopted proper procedures for control of all activities to ensure
proper quality of the product(s) during its/their shelf-life and we shall maintain all
documents including raw data records. I/We understand and agree that in the
event of I/We failing to provide such facilities, adopt proper procedures or maintain
proper documents, we will be liable for all penal actions as well as actions such as
payment of penalties, rejection of bid, termination of contract and blacklisting.etc.

Signature of the Bidder :

Name in capital letters:


Designation :

M/s:

Company Seal

**Note : 1. If Bidder is Authorized Distributor He should submit this Form


filled and signed by the Manufacturer whose products he is intending to supply.

Tender No.5/ 2022 Page: 55


ANNEXURE – 4D
DECLARATION FORM OF PRICE
I/We M/s._____________________________________ represented by its Managing
Director/Director/ Proprietor / Managing Partner / having its Registered Office at
and its Factory Premises at
___________________________________________________read and understood the terms
and conditions contained in the bidding documents under this notification for bid
and offer our bids unconditional , to the extent not stated at any other part of our
bid.
We hereby accept to supply the Drugs/Surgical Items /Other Materials or
Products at the accepted (Price) rates quoted by us in the tender document against
the selected item or any matching price as accepted by the TSMSIDC. That the
price quoted by us shall not , in any case exceed the controlled price, if any, fixed
as per the Drugs Price Control Orders or any Order issue by concerned
Government.
We will NOT Quote or Supply the goods Similar to the ones offered under this
bid notification to any agency or organization in the country , at the rate lower
than the rate quoted in this present tender.
If we are found quoting Lower rate than the rate quoted to the TSMSIDC, to
any other agency in the country for supply of Similar Goods during the validity of
the present contract, we will remit the differential cost to the TSMSIDC,
Unconditionally and we are aware of the fact that in such cases bidder will be
blacklisted for a period of 2 years , immediately succeeding the Rate Contract Year.
Signature of the Bidder :

Name in capital letters:


Designation :

M/s:

Company Seal.

Tender No.5/ 2022 Page: 56


ANNEXURE – 5D
DECLARATION TO SUBMIT TEST / ANALYTICAL REPORT WITH
CONSIGNMENT
I/We, Managing Director/Director /Proprietor /Managing Partner/ of
M/s____________________________________________ having its Registered
Office/Place of business at _____________________________ do hereby declare that
I/We have carefully read all the conditions of Tender Notice No.
________________________________ Dated: ______________ for the procurement of
Drugs/supplies for the period of 2022-23 floated by the TSMSIDC and I/We declare
that I/We will furnish the Certificate of Test/Analysis of each batch of item tested
in House Laboratory /Drug Control Authority Approved lab/ Govt. Approved Lab /
State/Central Drug Testing Laboratory or any other approved acceptable by TS
MSIDC pertaining to the product supplied along with the consignment.

I/We do hereby understand and agree that in the event of failing to produce the
certificate or if the submitted Certificate is found to be forged / not genuine at any
stage, the contract will be liable to be terminated and where the failure is observed
after the conclusion of the contract, we are aware that we will be liable for being
blacklisted and other actions according to the provision of this tender.

I/we agree that Tender Inviting Authority has the liberty to reject the supplies, if
received without Test/Analytical report, and for the act of this omission we will be
liable for all penal actions such as termination of contract and being blacklisted

Signature of the Bidder :

Name in capital letters:


Designation :

M/s:

Company Seal.

Tender No.5/ 2022 Page: 57


ANNEXURE – 6D (WHEREVER APPLICABLE)
DECLARATION FOR MAINTAINING COLD CHAIN
I/We M/s._____________________________________represented by its Managing
Director/Director/ Proprietor / Managing Partner / having its Registered Office at
and its Factory Premises at ___________________________________________________do
hereby declare that I/We aware of the condition for maintaining the cold chain of
the drugs during transportation to whichever drugs applicable, till the drugs are
supplied to all the warehouses from leaving the Factory Premises as mentioned in
the Tender Notice No. Tender Notice No._______________________________:
dated.__________ floated by the TSMSIDC and accept the condition.
I/We agree that the Tender Inviting Authority has every right to reject the
consignment, forfeiting the Security Deposit and blacklisting me/us, if the
condition of cold chain transportation is not complied with respect to drugs
indicated to be “ STORED IN COLD PLACE ” as per Schedule P of the Drugs
and Cosmetics Act 1940.

Signature of the Bidder :

Name in capital letters:


Designation :

M/s:

Company Seal

ANNEXURE – 7D
DECLARATION TO PRINT LOGOGRAMS

I/We, ___________________________________________________________representing
M/s ___________________________________________________ do hereby declare that
I/We will supply the Drugs & Surgical/Other Materials /Supplies bearing the
Logograms; as per the designs/ specifications as specified as per Annexure 1C of
this Tender Document and as per any other Labeling specifications to be specified
to the Successful Bidders.
Signature of the Bidder :

Name in capital letters:


Designation :

M/s:

Company Seal

Tender No.5/ 2022 Page: 58


ANNEXURE – 1F (WHENEVER APPLICABLE)
BID SECURITY (EARNEST MONEY DEPOSIT) FORM
To,
The Managing Director,
TS MSIDC, Hyderabad
(To be issued by a bank scheduled in India and having at least one of its branch in
Hyderabad)

Whereas, ________________________________________ (here in after called "the


Bidder") has submitted its bid Dated : _____________for the execution of
______________________________(here in after called "the Bid").

KNOW ALL MEN by these presents that WE _________________________ of


__________________________________________having our registered office at
_____________________ (hereinafter called the "Bank") are bound unto the Telangana
State Medical Services and Infrastructure Development Corporation (hereinafter
called "The TS MSIDC") in the sum of ____________________ for which payment well
and truly to be made to the said TS MSIDC, the Bank binds itself, its successors
and assignees by these presents.

The conditions of this obligations are:


1. If the bidder withdraws its bid during the period of bid validity or
2. If the bidder, having been notified of the acceptance of its bid by the TS
MSIDC during the period of bid validity:
a. fails or refuses to execute the contract form if required; or
b. misrepresents facts or submits false/fake documents during the tender
process.
c. fails or refuses to furnish the performance security, in accordance with the
bid requirement;

We undertake to pay the TS MSIDC up to the above amount upon receipt of its first
written demand, without the TS MSIDC having to substantiate its demand,
provided that in its demand the TS MSIDC will note that the amount claimed by it
is due to it, owing to the occurrence of one or all of the conditions, specifying the
occurred condition or conditions.

This guarantee will remain in force up to and including 45 days after the period of
the bid validity, and any demand in respect thereof should reach the Bank not later
than the above date i.e. up to _______________(Date).

Place:
Signature of the Concerned
Bank Official :

Date: Bank Seal :

Tender No.5/ 2022 Page: 59


ANNEXURE -2F
PEFORMANCE SECURITY FORM
(To be issued by a bank scheduled in India and having branch in Hyderabad )

To,
Managing Director,
TS MSIDC, Hyderabad

WHEREAS ___________________________ (Name of Vendor) hereinafter called "the


Vendor" has undertaken, in pursuance of Notification of Award
Dated:___________), to supply __________________ called "the Contract". AND
WHEREAS it has been stipulated by you in the said Contract that the Vendor
shall furnish you with a Bank Guarantee by a recognised bank for the sum
specified therein as security for compliance with the Supplier's performance
obligations in accordance with the Contract.
WHEREAS we have agreed to give the Vendor a Guarantee.

THEREFORE WE, hereby affirm that we are Guarantors and responsible to you,
on behalf of the Vendor, up to a total of Rs. __________/-
(Rupees_____________________________________________________________) and we
undertake to pay you, upon your first written demand declaring the Vendor to be in
default under the Contract and without cavil or argument, any sum or sums
within the limit of Rs_____________/- (Amount of Guarantee) as aforesaid, without
your needing to prove or to show grounds or reasons for your demand or the sum
specified therein.

This guarantee is valid until the __________day of _______month_________. (Date)

Place: Signature of Guarantors


and seal.
Date:

Declaration by the Bidder : I declare that I will submit the Performance Security
Form in this Prescribed Format or as prescribed at the time of Award .

Signature of Bidder:

Company Seal:

Tender No.5/ 2022 Page: 60


ANNEXURE – 3F
AUTHORIZATION FORM

No._________________ Dated_____________________

To,
The Managing Director,
TS MSIDC, Hyderabad

Sir,
Bid Ref No.
:___________________________________________________________

We ___________________________________M/s
_________________________________________ do hereby authorize Mr.
___________________________( Name and Address of Representative) to submit bid,
and subsequently negotiate and sign the contract with you against the above
mentioned tender. He is authorized and has Authority to transact business with TS
MSIDC.
** That the Individual works/deals Exclusively for Our Firm in the capacity of
_________________________________.

The specimen signatures of Mr. _______________________________ are as shown


below.
The Passport Photographs of Mr. __________________________________is affixed .

Specimen signatures: Passport Photograph affixed.


1.

2.

Signature of the Manufacturer/Authorized


Distributor of the Manufacturer /Direct Importer.

Name in capital letters:


Designation :

M/s:

Firm/ Company Seal


Note : This letter of authority should be on the letterhead of the manufacturing
concern/Firm and should be signed by the person competent and having the power
of attorney to bind the Licensee.
** Strike whichever is not applicable.

For & On behalf of the Firm


(Firm Name & Full Address):

Tender No.5/ 2022 Page: 61


ANNEXURE – 4F
NOMINATION FORM
No._________________ Dated_____________________

To,
The Managing Director,
TS MSIDC, Hyderabad

Sir,
Bid Ref No.
:___________________________________________________________

We ___________________________________M/s
_________________________________________ do hereby nominate Mr.
___________________________( Name and Address of Representative) to deal with
you in matters of the tender in the absence of Authorized Person Mr.
_____________________________________________ & in all other matters where the
Authorized persons presence is not compulsory .
** That the Individual works/deals Exclusively for Our Firm. /or/ That the
Individual works/deals with ___________ (number ) Other Firms pertaining to this
tender and we have no objection.

The specimen signatures of Mr. _______________________________ are as shown


below.
The Passport Photographs of Mr. __________________________________is affixed .

Specimen signatures: Passport Photograph affixed.


1.

2.

Signature of the Manufacturer /Importer.


Or Authorized person as Declared in Annexure
3F

Name in capital letters:


Designation :

M/s:

Firm/ Company Seal

Note : This letter of authority should be on the letterhead of the manufacturing


concern/Firm and should be signed by the person competent and having the power
of attorney to bind the Licensee.
** Strike whichever is not applicable.

For & On behalf of the Firm


(Firm Name & Full Address):

Tender No.5/ 2022 Page: 62


ANNEXURE – 5F
BID LETTER FORM
From: Date:
Registered Name of Bidder:
Address of the bidder.:
To:
The Managing Director,
TS MSIDC.
DM&HS Office Campus, Sultan Bazaar
Hyderabad. 500 019.
Sir,
Having examined the bidding documents and amendments there on, we the
undersigned, offer to provide goods/services/execute the works in conformity with
the terms and conditions of the bidding document and amendments there on, for
the following project in response to your tender call No________,
Dated__________Project title: _____________________________________.
We undertake to provide goods/services/execute the above work or its part
assigned to us in conformity with the said bidding documents for an estimated sum
of Rs. ____________/-(Rupees _______________________________). (Total bid amount
in words and figures) which may vary in accordance with the schedule of prices
attached herewith and coverage options made by TS MSIDC or its user
organization.
If our bid is accepted, we undertake to; provide goods/services/execute the
work according to the time schedule specified in the bid document, obtain the
performance guarantee of a bank in accordance with bid requirements for the due
performance of the contract during its period, and agree to abide by the bid
conditions, including pre-bid meeting minutes if any, which remain binding upon
us during the entire bid validity period and bid may be accepted any time before
the expiration of that period.
We undertake that in competing for the (and if the award is made to us, in
execution) the contract, we will strictly observe the laws against fraud and
corruption in India like but not limited to “The Prevention of Corruption Act 1988”
We understand that until formal contract is signed and executed, this bid
and your notification of ward shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest or any bid you
may receive, nor to give any reason for the rejection of any bid and that you will not
defray any expenses incurred by us in bidding.
Signature of the Bidder :

Name in capital letters:


Designation :

M/s:

Company Seal.

Tender No.5/ 2022 Page: 63


ANNEXURE – 6F
CONTRACT FORM

THIS AGREEMENT made the ________ day of ______ month of _______Year.


Between the Telangana State Medical Services and Infrastructure Development
Corporation (hereinafter "the TS MSIDC") of one part and
__________________________ (Name of Vendor) of ____________________________ (City
and Country of Vendor) (hereinafter "the Vendor") of the other part:

WHEREAS the TS MSIDC is desirous that certain goods, solution, service


and materials, as described in the bid document and briefly outlined below, should
be provided by the Vendor.

Date of tender call:

Title of the project:

Brief outline of the work:

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

In this agreement words and expression shall have the same meanings as
are respectively assigned to them in the bid document referred to.

The following documents shall be deemed to form and be read and construed
as part of this Contract, viz.

1. Bid Document(s)
2. Pre - Bid Conference minutes if any,
3. Clarification on bid document issued if any,
4. TS MSIDC Notification of Award.
In case of conflict among documents mentioned above, the documents
mentioned above in reverse order will prevail over other documents.

In consideration of the payments to be made by the TS MSIDC to the


Vendor as hereinafter mentioned, the Vendor hereby covenants with the TS MSIDC
to provide the goods and services (solution, service and materials) and to remedy
defects therein in conformity, in all respects, with the provisions of the contract.

The TS MSIDC hereby covenants to pay the Vendor in consideration of the


provision of the goods and services and the remedying of defects therein, the
contract price or such other sum as may become payable under the provisions of
the contract at the times and in the manner prescribed by the contract.

Brief particulars of the goods and services which shall be supplied /


provided by the Vendor are as under:

Tender No.5/ 2022 Page: 64


Quantity
Sl. Unit Delivery
Solution, Service or to be Total Amount
No price Terms
Material Supplied

Delivery Schedule :
Period Of Delivery: To complete the supply of the surgical items at the Central
Medicine stores as per the consignee list, within 15 days from the date of receipt of
a valid Purchase Order (P.O) , given time to time during the validity of the Rate
Contract (RC) .

IN WITNESS whereof the parties hereto have caused this Agreement executed the
day and year above written.

Signed, and delivered by Signed, and delivered by

For the Vendor. For TS MSIDC


Vendor’s common seal: TS MSIDC common seal:

Place Place:
Date: Date:

In the presence of:

Witness 1:

Witness2:

Tender No.5/ 2022 Page: 65


Annexure -7F
Manufacturer Authorisation
(Should be given on the Letter Head of Principal Manufacturer)

We M/s ____________ who are established and reputable manufacturers of ________


having factories at _____________________________, do hereby authorize M/s
_____________, Office at ____________________, to bid, negotiate and conclude the
contract with TSMSIDC against the Tender Notice No. for the
above goods manufactured by us.

No company (or) firm (or) individual other than M/s ___________, Office at
________________________________, are authorized to bid, and conclude the contract for
the above goods manufactured by us against this tender.

Note: The letter of authority should be signed by a person competent and having the
power of attorney to bind the manufacturer.

Signature & Seal of Principal Manufacturer

Place: Bidder’s signature


Date: And seal.

Note: 1. Manufacturing Authorization should be given by the Principal Manufacturer on their


Letter Head.
2. A Manufacture can authorize to only one bidder for the item in the tender.

Tender No.5/ 2022 Page: 66


FORM – P 1
DETAILS OF BIDDING FIRM

Sl.No. PARAMETER DETAILS


1. Name of the Bidder

2. Registered Office Address

3. Factory Address **

4. IT PAN No.

5. Phone Numbers

6. Fax Number

7. e-mail

8. Date of Establishment
Whether bidder is Direct
Manufacturer / Direct Importer /
9.
Authorized Distributor, if yes
enclose relevant documents
Drug/Surgical Mfg License No. &
10
Issue Date with Validity Date
Drug/Surgical Import License No.
11
& Issue Date with Validity Date
Drug/Surgical Sale License No. &
12.
Issue Date with Validity Date
If the Items are Not Surgical/Drugs
13. then the Relevant Mfg. License No.
& Issue Date with Validity Date.
Details of factory premises
Name of the Person in-charge of
1.
Factory Premises
2. Phone Number

Signature of the Bidder :


Name in capital letters:
Designation :
M/s:

Company Seal

Note : For Sl. No. 3 ** a.The details of manufacturing unit shall be for the
premises where items quoted are actually manufactured .
b. Wherever Parameter is Not Applicable entry of NA may be made.

Tender No.5/ 2022 Page: 67


FORM – P 2
ANNUAL TURN OVER STATEMENT
(Certificate from Statutory Auditor/Chartered Accountant)

I hereby certify that M/s_____________________________________________(Name &


address________________________________________________________________) who is
a prospective bidder for the Tender Notice No._________________________,
Dt._____________ of TSMSIDC is having the following annual turnover and the
statement is true and correct.

A. Details of Annual Turnover for Last three financial Years.


Sl.
Financial Year Turnover (Rs. in Crores )
No.
1. 2017 – 2018
2. 2018 – 2019
3. 2019 -2020
4. 2020 -2021
Total (Rs.)
Average turnover per annum (Rs.)

B.Details of Net Worth of Bidder on last 31 st March:

Sl.
Financial Year (Rs. in Crores )
No.
1. Paid up Capital
2. Free Reserves
3. Total Net Worth

Signature of Auditor/ Chartered Accountant:


(Name in Capital) :
Name of firm:
Reg. No.:
Seal:

Date:

Place: Signature
( Bidder’s Name & Designation). Bidder’s Company Seal

Note : Group Turnover will not be considered.

Tender No.5/ 2022 Page: 68


FORM – P 3 (Deleted)
PAST PERFORMANCE FOR LAST FINANCIAL YEAR
( DETAILS OF SALES )
(Certificate from Statutory Auditor/Chartered Accountant)
Sl. Name and full Total Sale Value
No. No. of Batches address of
Product Manufactured/ Rs. in Lakhs
purchaser
name & Year
Imported/ (Details of 3
Batch No.,
Supplied. suppliers per
year)

PAST PERFORMANCE CERTIFICATE


This is to certify that_______________________________________________(Name of the

Bidder) is a Manufacturer/Authorized Distributor of the Manufacturer M/s

_________________/Direct Importer of the Drugs/Surgical Items/Materials/

Items/Products offered under the Bid. The Bidder had supplied the quantities

shown in the past performance statement furnished and had also completed the

respective supplies.

Signature of Statutory Auditor/ Chartered Accountant:


(Name in Capitals) :
Name of firm:
Reg. No.:
Seal:

Date:

Place: Signature
( Bidder’s Name & Designation). Bidder’s Company Seal
Note: Data of Institutions /Govt. Supplies may also be shown with identification.

Tender No.5/ 2022 Page: 69


FORM – P 4
INSTALLED BATCH CAPACITY & ( PRODUCTION CAPACITY FOR 30 DAYS.)

Details of Installed Product Wise


Production Capacity shelf Life
for 30 days on single
Drug/Surgical/
shift basis for each
Sl. Material/Item/ BATCH CAPACITY
product
No. Product/Each (Batch Size)
( In terms of Unit
section
Packs)
Formulation wise
wherever Applicable.
1.

2.

Details of factory premises

Name of the Person in-charge of


1. Factory Premises

Phone Number
2.
Nearest Landmark at Factory
3.
Name of Railway Station & City
4.
Name of Bus Stand & City
5.
Name of Airport and City
6.

Signature of the Bidder :

Name in capital letters:


Designation :

M/s:

Company Seal

Tender No.5/ 2022 Page: 70


FORM - P 5
BANK DETAILS OF THE BIDDER

Sl.
Parameter Details
No.
1. Bidding Firm’s Name
Postal Address of the Firm
with Telephone No.
2.
Fax No.
e- mail ID.
Name of the Managing
Director /Director /Proprietor
/Man aging Partner /Partner
3.
(Responsible Person)
Mobile No. /Phone No.
e-mail ID
Name of the Authorized
Company Official.
4.
Mobile No. /Phone No.
e-mail ID
5. Name of the Bank
Branch Name & Address
Branch Code
6.
Branch Telephone
Branch e- mail ID
Type of Account of the Bidder
7.
( Current/Savings)
Account no. of the bidder
8.
( as appears in cheque book)
9. IFS Code of the Bank
9 Digit MICR code number of
10.
the Bank & Branch

I/We hereby declare that the particulars given above are correct and complete.
Date:

Place: Company Seal Signature

( Name & Designation of Signatory)

Tender No.5/ 2022 Page: 71


ANNEXURE – 7
CHECKLIST

Tender Notice No 5/2022/Surgical/MW/TSMSIDC, Dt.03.09.2022


Sl. Page
DOCUMENTS TO BE SUBMITTED Yes No
No. 1to2
A. Documents to be Submitted ONLINE
for (Pre-Qualification)
1 Checklist Annexure -7 (This Form)
2 The Details of EMD submitted and copy of DD / online Transaction
counter foil containing the transaction number shall be scanned and
uploaded online on e-procurement platform or MSME/SSI certificate
of Telangana Firms. Failure to upload the copy of counter foil, the bid
will be treated as incomplete and rejected. No plea will be entertained in
this regard.
3 The Details of Tender Processing fee i.e. copy of DD /copy of
Online receipt counter file containing the UTR No/Ref No number shall
be scanned and uploaded online on e-procurement platform. Failure to
upload the copy of counterfoil, the bid will be treated as incomplete and
rejected. No plea will be entertained in this regard.
3a Transaction Fee Details copy of Online Transaction counter foil
containing the transaction number shall be scanned and uploaded online
on e-procurement platform. Failure to upload the copy of counterfoil,
the bid will be treated as incomplete and rejected. No plea will be
entertained in this regard
4 Annexure – 1D:Declaration of Responsible Person.
5 Annexure – 2D:Declaration Of Non – Conviction/Blacklist.
6 Annexure –3D:Declaration Of GMP /WHO GMP only for Drug
related Items.
7 Annexure – 4D:Declaration Form Of Price.
8 Annexure – 5D:Declaration To Submit Test/Analytical Report
With Consignment.
9 Annexure – 6D:Declaration For Maintaining Cold Chain.
10 Annexure – 7D:Declaration To Print Logograms.
11 Annexure –1F:Form for Bid Security (Earnest Money Deposit).
(Not Applicable)
12 Annexure –2F:Form for Performance Security.(Declaration only ).
(Applicable)
13 Annexure –3F:Form of Authorization .
14 Annexure –4F:Form of Nomination .
15 Annexure – 5F : Form of Bid Letter.
16 Annexure -7F Manufacturer Authorization
17 Form –P1:Details Of Bidding Firm.
18 Form –P2:Annual Turn Over Statement.
19 Form -P3:Past Performance
20 Form –P4: Batch Capacity & Installed Production Capacity and
product wise shelf Life as per Performa.
21 Valid Manufacturing License/ Medical Devices License /CIB

Tender No.5/ 2022 Page: 72


Registration and Source of Technical for Insecticides duly
approved by the Licensing Authority for each and every product
quoted as per specification in the Bid as on the bid calling date.
The entry of Product Name shall be clearly highlighted in the
license.
22 Details of Technical Personnel employed in the manufacturing
and testing of Drugs (Only for Drug related items).
(Employee Name, Designation, Qualification and Experience,
Date of appointment/approval) employed in the manufacture
and testing of drugs as endorsed in license.
23 Valid Good Manufacturing Practice (GMP) /WHO GMP
certificate/ Quality Management Systems (QMS) Certificate as on
Bid calling date from authorities concerned / ISO 13485 issued
by Accredited authorities concerned as per applicability to the
product supplied. If Bidder is Authorized Distributor, the bidder
should submit the valid GMP/WHO GMP/QMS/ISO etc for the
principal manufacturer for which they are authorized distributor
should be submitted. Importers must have valid WHO GMP as
on Bid calling date. If validity of GMP /WHO GMP certificate is
not mentioned on certificate, it shall be treated as one year for
GMP and two years for WHO GMP from the date of issue of
certificate. The Authorized Distributor should have above
certificates from the Manufacturer whose products he intends to
supply.
24 In respect of Drug related items ,Valid license for the sale of
Drugs imported by the firms issued by the State Licensing
Authority.
25 In respect of Drug related items which are imported , Valid
import license.
26 In case of imported Drug related items, WHO-GMP certificate or
certificate which is at par with WHO-GMP issued by the
authorities of exporting countries like US FDA etc . or COPP
certificate of their Principal Manufacturing Company of the Firm.
27 Non – Conviction Certificate
28
Market Standing Certificate (Deleted)
29 Past Performance along with proofs i.e. copies of purchase
orders, Invoices etc. (Deleted)
30
GST registration
31
Annexure-10
32
Annexure-11
33
Annexure-12
34
Annexure-13

Tender No.5/ 2022 Page: 73


35 Authorization letter of Concerned Manufacturer issued to
Authorized Distributor authorizing as Authorized Distributor to
participate in this tender,.
36
Quality Certificates concerned.

Note :- Samples should be submitted to TSMSIDC after


37
communication of Information from TSMSIDC
Sl. B. Documents to be submitted OFFLINE
No. (for Technical Evaluation)
All the Documents submitted Online mentioned from Sl. 1 to 35
to be submitted. a. Sl. No. 4 to 20 should be Original.
b. Sl. No.21 to 35 should be Self attested Copies in the same
1-36 Sequential Manner, bearing Rubber stamp impression of Firm
and Tied securely or preferably Bound along with Self attested
Copies of the Documents mentioned from Sl. No. 33 to 41
mentioned Below. ( Documents should be Legible).
Copy of online transaction counterfoil containing the transaction number
with Regard to EMD in Separate Envelope with superscription as
37 “EMD Original”. Failure to upload the copy of counterfoil, the bid will
be treated as incomplete and rejected. No plea will be entertained in this
regard
Copy of online transaction counterfoil containing the transaction number
with regard to Tender Processing fee in Separate Envelope with
38 superscription as “Tender Processing Fee Original”. Failure to
upload the copy of counterfoil, the bid will be treated as incomplete and
rejected. No plea will be entertained in this regard
39 Tender document with signature & seal on each and every page
Documentary proof of Constitution of company / firm such as
Memorandum of Articles of Association, Partnership deed,
40 Permanent Registration Number, List of Present Directors in the
Board of the Company. Instruments such as power of attorney,
resolution of board etc,. (To be Submitted Offline Only ).
Certificate of Analysis . In House Analytical Report /Form 39
Analytical Report of each product quoted in case of Drug
41
Related Items. (Only 1 Latest Report for each Product). & any
other relevant Test/Analysis Report for Other Items.
Proof to establish Sale/ Imported for Sale , of the each quoted
item for the last three years such as Sale Bill , Bill of landing ,
42
Bill of entry (One bill each for Last 3 years). (Irrespective of
importer). (Deleted)
Audited Balance Sheets and Profit and Loss Statement for
43
financial years 2016-17 , 2017-18, 2018-19 & 2019-20
44 Income tax returns for last 3 years.
45 PAN card of Bidder.
46 Form –P5: Bank Details Of The Bidder.
47 Sample Portion of Each Item /Product Quoted sealed in envelope

Tender No.5/ 2022 Page: 74


with inscription “Sample”. Duly mentioning Item
Code.(Samples which have not been consumed on account of
testing can be taken away from TS MSIDC on written
application).

** Note : If Bidder is Authorized Distributor, all the certificates related to


manufacturer for which they are authorized distributor should be submitted .

Name of the Bidder : Signature of the Bidder with Seal:

Tender No.5/ 2022 Page: 75


ANNEXURE - 8
MODEL PRICE BID FORMAT

Item Cost Bidding – Basic Price Input by Vendor

Encryption of Price by Vendor DSC Key

Tender No.5/ 2022 Page: 76


ANNEXURE – 9

Details of Items and Tentative Tender Quantities along with specifications are
given under Table
Separate Sheet enclosed as ANNEXURE-9

Table-A
Tentative
Tender
Name of the
Sl. No Item code Specifications and Description Unit Quantity
item
per
Annum

Note:

1. All the participated bidders are requested to submit their samples along
with Hard copies on specified date in tender without fail.
2. If fails, no time will be given.
3. The bidders are requested to submit their samples duly making
necessary Label like Name of the Item, Code No etc.
4. If fails to submit the samples with proper label of Item Name and Item
Code, it will be treated that no samples received and will be disqualified
during technical evaluation.

Tender No.5/ 2022 Page: 77


ANNEXURE -10

Firm Name :-

Sl No Item Item Name OEM Name Product Make & Product


code Model Approval
for Item’s
Online
Document
at
Page No.

1
2
3
4
5
6
7
8

Name of the Bidder : Signature of the Bidder with Seal:

Note:
1. This Annexure needs to be submitted Offline Only.
2. The rows may be increased to suit the number of items of the bidder accordingly.
3. This Annexure is to be submitted INVARIABLY with PAGE NUMBER entries.

Tender No.5/ 2022 Page: 78


ANNEXURE -11

Firm Name :-

Sl Item Item Name HSN Code GST %


No code
1

Name of the Bidder : Signature of the Bidder with Seal:

Note:
1. The rows may be increased to suit the number of items of the bidder accordingly.
2. This Annexure is to be submitted INVARIABLY with PAGE NUMBER entries.

Tender No.5/ 2022 Page: 79


ANNEXURE -12
DECLARATION TO BE SUBMITTED ON THE LETTER HEAD OF THE ENTITY

Date:
To
The Managing Director
TSMSIDC
4th Floor, TSMSIDC Building,
DM&HS Campus, Sulltanbazar,
Hyderabad -500095

Sub: Declaration under section 194Q of Income Tax Act,1961


<<>>

With reference to the aforesaid sections of Income Tax Act. I / We (Name of


the Entuty)______________________ permanent Account Number (PAN) ________ and
having registered office at ___________________________________ hereby declare and
undertake that (tickthe appropriate box)

o Our turnover for the immediately preceding financial year i.e. 2020-21 is less
than Rs.10.00 Crore and I / We will not be collecting TDS under section
206(1H) of the Income Tax Act 1961 (the Act) o sale of Goods and
accordingly you shall deduct TCS as per section 194Q at the ACT.

o Our turnover for the immediately preceding financial year i.e. 2020-21 is
more than Rs.10.00 Crore and you may deduct TDS under section 194Q of
the Act on purchase of Goods and according I/We shall not collect TCS and
per section 206(1H) of the Act.

For_____ (Name of the Entity)


Signature____________________
Name of the Person__________
Designation__________________
Place_________________________
Date_________________________

ame of the Bidder : Signature of the Bidder with Seal:

Note:
1. All the bidders are requested to furnish above declaration without fail and to be
uploaded on e-procurement portal.

Tender No.5/ 2022 Page: 80


ANNEXURE -13
DECLARATION TO BE SUBMITTED ON THE LETTER HEAD OF THE ENTITY

Date:
Annexure A

(Ref: Guidance Note issued vide AS & MD’s DO Letter No. –Z-18015/19/2020-NHM-II-
Part (1) dated 23rd April, 2020)

Revised Annexure A-I: Amendment to be signed where Contract is already signed

AMENDMENT TO THE CONTRACT

Supply of
Signed between
TSMSIDC, 2nd, 3rd & 4th Floor,
DM & HS Campus, Sultanbazar, Koti, Hyderabad – 500 095.

and

Tender No.

Further to the contract executed as said above, an amendment to the contract is made on
the

Article1 – Purpose.

As this Contract is to be co-financed by the World Bank and Asian Infrastructure


Investment Bank (AIIB), the present amendment has the purpose to add the provisions
(attachment1 and 2) required by World Bank and AIIB.

Article – Validity of Contract clauses.

All other clauses of the original contract including all the Appendices remain unchanged.

Article 3 – Effectiveness of this Amendment

The present Amendment will be effective retrospectively from the date of singing of original
contract

Read and Agreed

Place: Date:

Tender No.5/ 2022 Page: 81


Annexure A

Attachment 1: Provisions added in the Contract through present Amendment


to meet World Bank Requirements

“Fraud and Corruption: This Procurement is financed by the World Bank (the
"Bank "). The Bank requires compliance with the Bank's Anti-Corruption
Guidelines and its prevailing sanctions policies and procedures as set forth in the
WBG's Sanctions Framework, as set forth in following paragraphs. In further
pursuance of this policy, the Contractor / Supplier / Service Provider and its
subcontractors, and personnel, agreed to permit the Bank to inspect all accounts,
records and other documents relating to bid / proposals submission and contract
performance, and to have them audited by auditors appointed by the Bank and
also agreed with the following provisions.

1. Purpose
1.1 The Bank's Anti-Corruption Guidelines and this under taking apply with
respect to the current procurement.
2. Requirements
2.3 The Bank requires that Borrowers (including beneficiaries of Bank
financing); bidders, (applicants/proposers), consultants, contractors and
suppliers; any sub-contractors, sub-consultants, service providers or suppliers;
any agents (whether declared or not); and any of their personnel, observe the
highest standard of ethics during the procurement process, selection and
contract execution of Bank-financed contracts, and refrain from Fraud and
Corruption.
2.4 To this end, the Bank:-

A. Defines, for the purposes of this provision, the terms set forth below as
follows:
i. "corrupt practice" is the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence improperly the actions of
another party;
ii. "fraudulent practice " is any act or omission, including
misrepresentation,thatknowingly or recklessly misleads, or
attempts to mislead, a party to obtain financial or other benefit or to
avoid an obligation;
iii. "collusive practice" is an arrangement between two or more parties
designedto achieve an improper purpose, including to influence
improperly the actions of another party;

iv. "coercive practice" is impairing or harming, or threatening to impair or


harm, directly or indirectly, any party or the property of the party to
influenceimproperly the actions of a party;
v. "obstructive practice " is:
(c) deliberately destroying, falsifying, altering, or concealing of evidence
material to the investigation or making false statements to investigators in
order to materially impede a Bank investigation into allegations of a corrupt,
fraudulent, coercive, or collusive practice; and/or threatening, harassing, or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or

Tender No.5/ 2022 Page: 82


(d) acts intended to materially impede the exercise of the Bank's inspection
and audit rights provided for under paragraph 2.2 E. below.

B. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants,
sub-contractors, service providers, suppliers and/ or their employees, has, directly
or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;
C. In addition to the legal remedies set out in the relevant Legal Agreement, may
takeother appropriate actions, including declaring misprocurement, if the Bank
determinesatany time that representatives of the Borrower or of a recipient of any
partof the proceedsof the loan engaged in corrupt, fraudulent, collusive, coercive, or
obstructivepracticesduring the procurement process, selection and/or execution of
the contract in question,without the Borrower having taken timely and appropriate
action satisfactory to the Bankto address such practices when they occur,
including by failing to inform the Bank in a timely manner at the time they knew of
the practices;
D. Pursuant to the Bank's Anti- Corruption Guidelines and in accordance with
theBank's prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by publicly
declaringsuchfirmor individual ineligible (i) to be awarded or otherwise benefit from
a Bank-financed contract, financially or in any other manner; (ii) to be a nominated
sub-contractor, consultant, manufacturer or supplier, or service provider of an
otherwise eligible firm being awarded a Bank-financed contract; and (iii) to receive
the proceeds of any loan made by the Bank or otherwise to participate further in
the preparation or implementation of any Bank-financed project;
E. Requires that a clause be included in bidding / request for proposals documents
and in contracts financed by a Bank loan, requiring (i) bidders (applicants /
proposers, consultants, contractors, and suppliers, and their sub-contractors, sub-
consultants, service providers, suppliers, agents personnel, permit the Bank to
inspect all accounts, records and other documents relating to the procurement
process, selection and/or contract execution, and to have them audited by auditors
appointed by the Bank."

Tender No.5/ 2022 Page: 83


Annexure A

Undertaken by the Bank or persons appointed by the Bank to address specific


matters related to investigations / audits, such as evaluating the veracity of an
allegation of possible Fraud and Corruption, through the appropriate mechanisms,
such activity includes but is not limited to: accessing and examining a firm’s or
individual’s financial records and information and making copies thereof as
relevant: accessing and examining any other documents, data and information
(whether in hard copy or electronic format) deemed relevant for the investigation /
audit, and making copies thereof as relevant: interviewing staff and other relevant
individuals: performing physical inspections and site visits: and obtaining third
party verification of information.

(Ref: Guidance Note issues vide AS & MD’s DO letter No. Z-18015/19/2020 NHM-
II-Part (1) dated 23rd April, 2020)

Attachment 2: Provision being added in the Contract through present Amendment


to meet AIIB Requirements.

1. Purpose

AIIB’s Policy on Prohibited Practices and this attachment also applies with respect
to current procurement.

2. Requirements

In addition to compliance to provisions listed in Attachment 1, AIIB also requires


compliance to additional aspects of “AIIBs” Policy on Prohibited Practices” namely
(a) “misuse of resources”, which means improper use of AIIB’s resources, carried
out either intentionally or through reckless disregard; and (b) “theft” which means
the misappropriation of property belonging to another party. In case of occurrence
of misuse of resources and theft, AIIB will take remedial actions as per its policy as
well as may sanction a firm or individuals per its Sanction Framework.

Tender No.5/ 2022 Page: 84


END OF THE DOCUMENT
-o0o-

Tender No.5/ 2022 Page: 85

You might also like