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Issued to M/s. ________________________________________________
NOT TRANSFERABLE
Ref.No: 003/M(P)/BL-SANIT/TNMSC/2019, Dt.18.02.2019
TAMILNADU MEDICAL SERVICES CORPORATION LIMITED (A Government of Tamilnadu Undertaking)
417, Pantheon Road, Egmore, Chennai – 600 008. Phone: 044-2819 1890, 2819 0259/ Fax: 044-2819 0636
Website: www.tnmsc.com , http://www.tenders.tn.gov.in Email: [email protected]
TENDER FOR THE SUPPLY OF BELTLESS SANITARY NAPKIN
WITH WINGS TO TAMILNADU MEDICAL SERVICES CORPORATION LIMITED
FOR ONE YEAR FROM THE DATE OF ACCEPTANCE OF THE TENDER
LAST DATE FOR RECEIPT OF TENDER: 20.03.2019 at 10.30 A.M.
Sl.No:
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Telephones: 044-2819 0259 / 2819 1890 Fax 044-2819 0636 Email : [email protected]
TENDER FOR THE SUPPLY OF BELTLESS SANITARY NAPKIN WITH
WINGS TO TAMILNADU MEDICAL SERVICES CORPORATION LTD., FOR ONE YEAR FROM THE DATE OF ACCEPTANCE OF THE TENDER
Tender Reference : 003/M(P)/BL-SANIT/TNMSC/2019
Dt.18.02.2019 Date of commencement of Sale of tender document : 18.02.2019
Last date for sale of Tender document : 19.03.2019 Last date and time for Receipt of tender : 20.03.2019 upto 10.30 A.M. Time and date of opening of tender : 20.03.2019 at 11.30 A.M.
Place of opening of Tender : Tamilnadu Medical Services Corporation Ltd.,
No.417, Pantheon Road, Egmore, Chennai - 600008.
Address for Communication : Tamilnadu Medical Services Corporation Ltd.,
No.417, Pantheon Road, Egmore, Chennai - 600008.
Cost of the Tender Document : Rs.5,725/- (Inclusive of Tax)
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TAMILNADU MEDICAL SERVICES CORPORATION LIMITED
TENDER FOR THE SUPPLY OF BELTLESS SANITARY NAPKIN WITH
WINGS TO TAMILNADU MEDICAL SERVICES CORPORATION LIMITED FOR ONE YEAR FROM THE DATE OF ACCEPTANCE OF THE TENDER
The TNMSC, a Govt. of Tamilnadu undertaking involved in procuring quality
Beltless Sanitary Napkin with Wings directly from the manufacturers and importers
through open tenders system and ensures timely supply of Beltless Sanitary Napkin with
Wings to Menstrual Hygiene Programme about 11,400 medical institutions in Tamilnadu.
Tender Inviting Authority - The General Manager (Drugs), Tamilnadu Medical
Services Corporation Limited, No.417, Pantheon Road, Egmore, Chennai - 600 008,
(hereinafter referred as Tender Inviting Authority unless the context otherwise requires).
Tender Accepting Authority - Tamilnadu Medical Services Corporation Limited
(hereinafter referred as TNMSC Ltd., unless the context otherwise requires)
Tender Inviting Authority invites Tender for the Supply of Beltless Sanitary
Napkin with wings to Tamilnadu Medical Services Corporation Limited for one year
from the date of acceptance of the tender.
1. LAST DATE FOR RECEIPT OF TENDER.
(a) Sealed Tenders [in two separate covers {Technical bid (Cover “A”) and Price
Bid (Cover “B”)}] will be received till 10.30 A.M. on 20.03.2019 by the Tender
Inviting Authority, Tamilnadu Medical Services Corporation Limited
(TNMSC Ltd.,), No.417, Pantheon Road, Egmore, Chennai - 600008, for the
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supply of Beltless Sanitary Napkin with Wings to Tamilnadu Medical
Services Corporation Limited.
(b) The bid shall be valid for a period of 120 days from the date of opening of
Cover-A (Technical Bid) and prior to the expiry of the bid validity, the
Tender Inviting Authority may request the Tenderers to extend the bid
validity for further period as deemed fit.
2. ELIGIBILITY CRITERIA (a) Tenderer shall be a manufacturer having valid manufacturing license or
direct importer holding valid import license or distributors having valid
distribution license, having valid agreement with manufacturer for supply
of the product tendered and should have average manufacturing/supply
capacity of 10 millions Packs (6 pads per pack) of Beltless Sanitary Napkin
with Wings per month.
(b) Annual turnover in any one of the last three financial /Accounting year’s i.e.
2015-2016, 2016-2017 and 2017-2018 shall not be less than Rs.1.00 Crore.
(c) The Tenderer should atleast have 1 year Market Standing as a
manufacturer/importer/distributor of the product quoted in the tender and
should have manufactured/ supplied atleast 10 million Pads of Sanitary
Napkin with Wings per annum in any one of the last 3 financial/
accounting years (2015 to 2018).
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(d) Tenderer should not have been blacklisted either for the product quoted
in this tender or for any other product on quality grounds by any
State/Central Government organizations, and if the blacklisting is in force
during this tender period, they are not eligible to participate in this tender
(Notarized affidavit as per Annexure-III).
(e) The tenderer should quote for atleast 25% of the tender quantity. Bids for
lesser quantity will be treated as non responsive. The bidder shall
specifically confirm this point in their bid.
3. GENERAL CONDITIONS.
(i) A complete set of tender documents may be purchased by any interested
eligible person on an application in writing and upon payment of a non
refundable fee as indicated in the advertisement in the form of Demand
draft drawn in favour of Tamilnadu Medical Services Corporation Limited
payable at Chennai.
(ii) Alternatively, the tender document can be downloaded from the websites of
www.tnmsc.com and www.tenders.tn.gov.in on free of cost.
(iii) Tender document may be purchased from the office of Tender Inviting
Authority between 10.00 A.M. to 5.00 P.M. on or before 19.03.2019 on all
working days either in person or by post. Tender Inviting Authority will not
be responsible in any way for postal delay.
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(iv) All tenders must be accompanied with Earnest Money Deposit as specified
in the Tender document UNLESS EXEMPTED under clause 7.2 here under.
(v) Tenders will be opened in the presence of tenderers/representatives who
chooses to attend on the specified date and time.
(vi) (a) At any time prior to the date of submission of Tender, Tender
Inviting Authority may, for any reason, whether on his own initiative or in
response to a clarification requested by a prospective Tenderer, modify the
condition in Tender documents by an amendment. All prospective tenderers
who have received 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 his discretion, extend the date and time for
submission of tenders.
(b) Any person who has downloaded the tender document shall watch
for amendment, if any, in the website of TNMSC Ltd., and TNMSC Ltd., will
not issue separate communication to them.
(vii) Interested eligible tenderers may obtain further information from the office
of the Tender Inviting Authority.
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4. TECHNICAL BID - COVER “A” 4.1 The Tenderer should furnish the following documents in a separate cover
hereafter called "Cover A". (All the documents submitted should be signed
and sealed by the Tenderer in each page and Xerox copies of the
documents should be attested by the Tenderer and also be notarized in
each page).
(a) Earnest Money Deposit, IF NOT EXEMPTED under clause 7.2,
shall be furnished along with the tender in the form of Demand
Draft favoring Tamilnadu Medical Services Corporation Ltd.,
payable at Chennai. EMD in any other form like cheque/cash/postal
order etc. will not be accepted.
(b) Documentary evidence for the constitution of the company/Firm
such as Memorandum and Articles of Association, Partnership deed
etc. with details of the Name, Address, Telephone Number, Fax
Number, e-mail address of the firm and of the Managing
Director/Partners/ Proprietor. The list of present Directors in the
Board of the Company duly certified by a Company Secretary of
the Company/Practicing Company Secretary/ Charted Accountant
to be furnished.
(c) The tenderer should furnish attested photocopy of Licence issued by
the competent authority. The licence must have been duly renewed
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upto date and the products quoted shall be clearly highlighted in
the licence.
(d) Attested photocopy of import licence if the product is imported. The
licence must have been renewed up to date.
(e) The instruments such as power of attorney, resolution of board etc.,
authorizing an officer of the tenderer should be enclosed with the
tender and such Authorized officer of the Tenderer should sign the
tender documents.
(f) Authorization letter nominating a responsible person of the tenderer
to transact the business with the Tender Inviting Authority.
(g) Installed manufacturing capacity certified by the Chartered
Accountant.
(h) Copy of the major contracts under taken for supply of Sanitary
Napkin with Wings in the last three (2015 to 2018) Financial /
Accounting years duly certified by the Chartered Accountant. In case
of direct importer, evidence such as bill of lading, bill of entry for
importing the said products for the last three Financial / Accounting
years (2015 to 2018) as per format in Annexure-VI.
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(i) Record of manufacture/import certified by the Chartered
Accountant to establish 3 years market standing.
(j) Details of quality plan/proposal followed for Beltless Sanitary
Napkin with Wings.
(k) Annual turnover statement for 3 years i.e., 2015-2016, 2016-2017
and 2017-2018 in the format given in Annexure-VII certified by the
Auditor/Chartered Accountant.
(l) Copies of balance Sheet and Profit and Loss Account for three years
i.e., 2015-2016, 2016-2017 and 2017-2018 and certified by the
Auditor.
(m) Sales Tax Clearance certificate, as on 31.03.2017 (as per form
attached in Annexure-I) and GST returns upto 31.03.2018 (as
applicable) along with GST registration copy of the tenderer.
(n) Details of quality control lab facilities available at the site of
manufacture and range of tests conducted.
(o) Undertaking (as in the proforma given in Annexure-II) for
embossment of logo on packs of Sanitary Napkin with Wings as the
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case may be, and for supply of Sanitary Napkin with Wings in packs
as per conditions specified at Clause 14 herein, notarized by the
Notary Public.
(p) Declaration to the effect that the sample can be subjected to any (or
all) types of Clinical/Laboratory Tests, as is deemed fit by the
Tender Inviting Authority.
(q) Details of Manufacturing Unit in Annexure-XI. The details
containing the name and address of the premises where the
products quoted are actually manufactured.
(r) Documents, if any, to show that the manufacturing unit/importer
has been recognized, by WHO, UNICEF, ISO Certificate etc.,
(s) Details of technical personnel employed in the manufacture and
testing of Beltless Sanitary Napkin with Wings (Employee Name,
Qualification, Experience) as endorsed in license.
(t) 5 Packets of Sanitary Napkin with Wings (5 x 6 Pads), as samples,
produced/imported by the Tenderer along with bid. Failure to
submit samples shall lead to rejection of tender.
(u) The tender document only signed by the tenderer in all pages with
office seal.
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(v) A Checklist (Annexure-XVII) for the list of documents enclosed with
their page number. The documents should be serially arranged as per
this Annexure-XVII and should be securely tied or bound.
(w) The tenderer shall furnish the details called for in the Annexure-
XIV (revised).
4.2. The above documents should be sealed in a separate Cover Superscribed as
"TECHNICAL BID - COVER “A” – TENDER FOR THE SUPPLY OF
BELTLESS SANITARY NAPKIN WITH WINGS TO TAMILNADU
MEDICAL SERVICES CORPORATION LIMITED FOR ONE YEAR
FROM THE DATE OF ACCEPTANCE OF THE TENDER DUE ON
20.03.2019 UPTO 10.30 A.M. AND ADDRESSED TO THE TENDER
INVITING AUTHORITY, TAMILNADU MEDICAL SERVICES
CORPORATION LIMITED, EGMORE, CHENNAI - 600008.
5. PRICE BID - COVER ”B”
5.1 Cover “B” contains Price Bid of the Tenderer. (i) Bid should be typewritten and every correction and interlineations in the bid
should be attested with full signature by the tenderer, failing which the bid
will be ineligible. Corrections done with correction fluid should also be duly
attested.
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(ii) Each page of the price bid should be duly signed by the tenderer affixing
the office seal.
(iii) The tenderer shall fill up the rate in the Annexure-XVIII for product/s
quoted, and enclose with the tender.
(iv) In determining the lowest evaluated price, (the rate quoted per unit or
landed price in Annexure-XVIII) the evaluation shall include Basic Price
Inclusive of Incidental Charge + Packing & Forwarding Charges + Freight
and Insurance Charges + Customs Duty (if applicable) and Exclusive of
GST.
(v) The rate quoted in column 9 of Annexure-XVIII should be for a unit and
given specification. The tenderer is not permitted to change/alter
specification or unit size given in the Annexure-XVIII.
(vi) The tenderer is required to furnish the break up details of landed price in
Annexure-XVIII.
(vii) The rate quoted in column 9 of Annexure-XVIII and in column 10 should be
one and the same.
(viii) The details of rates and manufacturing capacity given in Annexure-XIV
should also be entered clearly as per the instructions given along with the
tender which shall be considered for placing orders.
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(ix) The bidder shall necessarily quote the or customs duty applicable and when
the product is imported as the case may be.
(x) The bidder shall specifically mention “ EXEMPTED “ when the product is
excisable but exempted for time being based on turn over or for any other
grounds by the notification issued by the Government of India (Also refer
clause 17(6)).
(xi) The bidder who has quoted customs “NIL” in ANNEXURE-XVIII and the
product is excisable, on award of contract, will be eligible for payment only
on production of invoices drawn as per Central Excise Rules.
5. 2. The tenderers shall submit duly signed Annexure-XVIII in a sealed cover
Superscribed as “PRICE BID COVER “B” – TENDER FOR THE SUPPLY
OF BELTLESS SANITARY NAPKIN WITH WINGS TO TAMILNADU
MEDICAL SERVICES CORPORATION LIMITED FOR ONE YEAR
FROM THE DATE OF ACCEPTANCE OF THE TENDER.” The "Cover B"
should also be addressed to the TENDER INVITING AUTHORITY,
TAMILNADU MEDICAL SERVICES CORPORATION LIMITED,
EGMORE, CHENNAI - 600008.
5.3. Two separately sealed covers {Technical bid (Cover “A”) {Refer Clause
No.4.2} and Price Bid (Cover “B”)} { Refer clause 5.(2) } shall be placed in
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a cover which shall be sealed and Superscribed as “TENDER FOR THE
SUPPLY OF BELTLESS SANITANY NAPKINS TO TAMILNADU
MEDICAL SERVICES CORPORATION LIMITED FOR ONE YEAR
FROM THE DATE OF ACCEPTANCE OF THE TENDER DUE ON
20.03.2019 UPTO 10.30 A.M.” and addressed to the TENDER INVITING
AUTHORITY, TAMILNADU MEDICAL SERVICES CORPORATION
LIMITED, EGMORE, CHENNAI, which shall be submitted within the date
and time as specified in Clause 1(a).
5.4. If the last date for submission of Tender is declared holiday, the tenders can
be submitted in the next working day upto 10.30 A.M.
6. OPENING OF COVER “A” AND COVER “B” OF TENDER
(a) All tenderers are entitled to be present at the date and time for opening of
Technical Bid - Cover “A” of the tender submitted by them.
(b) Tenderers who were found eligible on satisfying the criteria for technical
evaluation, sample evaluation and inspection, can only be invited to be
present at the date and time for opening of Price Bid - Cover “B” of the
tender.
7. EARNEST MONEY DEPOSIT
7.1. (a) The Earnest Money Deposit referred to under Clause 4.1(a)
UNLESS EXEMPTED under Clause 7.2, shall be for the amount as indicated
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against the product in Annexure-VIII of the tender documents. The bidders
are required to furnish the breakup of the Earnest Money Deposit for the
product quoted along with the Bankers Cheque or Demand Draft or
irrevocable Bank Guarantee in the format as per Annexure-IV. The Earnest
Money Deposit shall be paid in the form of Bankers Cheque or Demand
Draft or irrevocable Bank Guarantee favoring Tamilnadu Medical
Services Corporation Limited, Chennai. A minimum of Rs.1,00,000/- is to
be paid only by Bankers Cheque or Demand Draft and the balance amount
may be paid by Irrevocable Bank Guarantee or Demand Draft or Banker
Cheque. In case the EMD furnished in the form of a Bank Guarantee, the
Bank Guarantee shall remain valid for a minimum period of 60 days
beyond the validity period of tender (i.e. 120 days + 60 days = 180 days
from the date of opening of Cover “A”). The format of Bank Guarantee for
EMD is enclosed in the Annexure-XVI. This should be enclosed with the
tender in Cover “A”. For the matter of clarity, if the due date for receiving
the tenders is extended, the validity period of the tender will
automatically stand extended. Earnest Money Deposit in the form of
Cheque/Cash/Postal order will not be accepted. Earnest Money Deposit
will not earn any interest.
7.2 EXEMPTION FROM PAYMENT OF EARNEST MONEY DEPOSIT TO
SMALL SCALE INDUSTRIES (SSI). (i) SSI firms located within the state of Tamilnadu holding Permanent
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Registration Certificate from the District Industries Centers of
Directorate of Industries and Commerce, Govt. of Tamilnadu will be
granted exemption from payment of Earnest Money Deposit in
respect of products for which the Registration Certificate has to be
produced.
(ii) The SSI Units will be required to furnish a notarized undertaking (as
per Annexure-V) to the effect that in the event of non fulfillment or
non observance of any of the condition stipulated in the contract, the
SSI Unit shall pay a penalty, equivalent to the Earnest Money Deposit
to offset the loss incurred by the Tender Inviting Authority
consequent on such breach of contract.
7.3. (i) The tender submitted without sufficient EMD will be summarily
rejected.
(ii) The Earnest Money Deposit of the successful Tenderer may, at
the discretion of Tender Inviting Authority, be adjusted
towards the Security Deposit payable by him.
(iii) The Earnest Money Deposit will be refunded to the successful
bidders and those bidders who have matched the L1 rates within
30 days from the date of signing the contract agreement and on the
deposit of Security Deposit amount by them.
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(iv) The EMD of the unsuccessful bidders would be returned on
execution of agreement by the successful bidders or within 30 days
after the expiry of the bid validity, whichever is later.
(vi) The EMD will be forfeited, if the Tenderer withdraw his bid during
the period of bid validity.
(vii) The EMD will be forfeited, in case of the successful bidder, fails to
execute the contract agreement and deposit the security Deposit
within the stipulated time.
(viii) The Tenderer, whose manufacturing unit is found to be not
complying with the statutory standards will be levied with a fine of
Rs.50,000/- or the expenditure incurred by the purchaser (TNMSC
Ltd.,) in such inspection, whichever is higher. This fine amount
shall be deducted from the EMD deposited by the bidder or any
other amount payable to them. The amount will be deducted
without any notice.
8. PRODUCTION OF SAMPLES
The bidder shall furnish 5 Sets of samples of the product quoted at free of cost. The
products submitted as samples should be of the same specifications for which the
rate has been quoted. Any deviation will result in rejection of the sample. The
supplies should conform to the approved samples.
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(a) The type and nature of test for clinical evaluation is the prerogative of
the Tender Inviting Authority.
(b) The samples of products described in the tender should be submitted
and the rate quoted as per clause 5 shall be for the sample furnished.
(c) The samples submitted should be tagged individually with a label in
the format given below. The particulars on the tag should be
furnished in indelible ink securely fastened to the sample. In case of
sterile products the lable should be fastened in a manner such that
sterility will not be lost.
MODEL LABEL
(d) The samples shall be submitted along with the tender document
during submission and this should be strictly adhered to. There will
be “No deviation” from this clause under any circumstances.
(e) The tenderer should submit, along with the samples, the list of
sample products in the given Format in Annexure-IX duly signed in
triplicate.
TNMSC TENDER
Code No : RC054 Name : Sanitary Napkin with Wings No. of Unit submitted : 5 Packs Name of the Tenderer : XXX Pvt. Ltd., Date :
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9. OTHER CONDITIONS 9.1. (i) The details of the required product is in Annexure-VIII. The tender
quantity mentioned is only a tentative requirement and may be increased
or decreased by the Tender Inviting Authority at its discretion, depending
on the actual need in accordance with Tamilnadu Transparency in
Tenders Act 1998 and rules 2000.
(ii) The rates quoted shall not be varied with the order quantity or the
destination.
9.2. Tender has been called for in the generic name of product. The Tenderers
should quote the rates for the generic products. The specification of the
product should be as per details given in Annexure-VIII. Any variation, if
found, will result in rejection of the tender.
9.3. Rates (inclusive of Customs duty, transportation, insurance, and any
incidental charges, but exclusive of GST should be quoted for the product,
separately on door delivery basis according to the unit ordered. Tender
for the supply of Sanitary Napkin with Wings with cross conditions like
“AT CURRENT MARKET RATES” shall not be accepted. Handling,
clearing, transport charges etc., will not be paid. The delivery should be
made as stipulated in the purchase order placed with successful tenderers.
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9.4. Each bid must contain not only the unit rate but also the total value of
product quoted for supply.
9.5. The price quoted by the tenderers shall not, in any case exceed the
controlled price, if any, fixed by the Central/State Government and the
Maximum Retail Price (MRP). Tender Inviting Authority at discretion,
will exercise, the right to revise the price at any stage so as to conform to
the controlled price or MRP as the case may be. This discretion will be
exercised without prejudice to any other action that may be taken against
the tenderer.
9.6. To ensure sustained supply without any interruption, the Tender
Inviting Authority reserves the right to split orders for supplying the
requirements among more than one Tenderers, pursuant to the provisions
laid under the Tamilnadu Transparency in Tenders Act 1998 and Rules 2000.
9.7. The rate quoted and accepted will be binding on the tenderer during
validity of the bid and any increase in the price will not be entertained till
the completion of this tender period.
9.8. No tenderer shall be allowed at any time on any ground whatsoever to
claim revision or modification in the rate quoted by him. Representation
to make correction in the tender documents on the ground of Clerical
error, typographical error, etc., committed by the tenderers in the Bids
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shall not be entertained after submission of the tenders. Cross Conditions
such as “SUBJECT TO AVAILABILITY” “SUPPLIES WILL BE MADE AS
AND WHEN SUPPLIES ARE RECEIVED” etc., will not be considered
under any circumstances and the tenders of those who have given such
conditions shall be treated as incomplete and Tender will be summarily
rejected.
9.9. Supplies should be made directly by the bidder and not through any other
agency.
9.10. The tenderer shall allow inspection of the factory at any time by a team of
Experts/Officials of the Tender Inviting Authority. The tenderer shall
extend all facilities to the team to enable to inspect the manufacturing
process, quality control measures adopted etc., in the manufacture of the
products quoted.
10. ACCEPTANCE OF TENDER
10.1. Tenders will be evaluated with reference to various criteria and one of
such criteria is that the rate per unit (landed price) for determining the L1
rate (Lowest rate).
10.2. Tender Inviting Authority reserves the right to accept the tender or to
reject the tender without assigning any reason.
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10.3. Tender Inviting Authority, or his authorized representative(s) has the
right to inspect the factories of tenderers, before, accepting the rate quoted
by them or before releasing any purchase order(s) or at any point of time
during the continuance of tender and also has the right to reject the tender
or terminate / cancel the purchase orders issued and or not to reorder,
based on adverse reports brought out during such inspections.
10.4. The acceptance of the tenders will be communicated to the successful
tenderers in writing.
11. SECURITY DEPOSIT
The Successful tenderer shall be required to pay Security Deposit of 5% on the total
value of the contract either in the form of Demand Draft or in the form of a Bank
Guarantee in the prescribed format from a Nationalized Bank valid for a period of 2
years from the date of Notification of award of contract.
12. AGREEMENT
(a) The successful tenderer shall execute an 2 sets of agreement on a non-
judicial stamp paper of value of Rs.100/- (stamp duty to be paid by the
tenderer) within 15 days from the date of the intimation from Tender
Inviting Authority /Procuring Entity informing that his tender has been
accepted. The Specimen form of agreement is available in Annexure-X and
also available in the TNMSC Website (www.tnmsc.com).
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(b) The tenderer shall not, at any time, assign, sub-let or make over the contract
or the benefit thereof or any part thereof to any person or persons what so
ever.
(c) All notices or communications relating to arising out of this agreement
or any of the terms thereof shall be considered duly served on or given
to the tenderer if delivered to him or left at the premises, places of
business or abode.
13. SUPPLY CONDITIONS
13.1. Purchase order along with the delivery destinations will be placed on the
successful tenderer at the discretion of the Tender Inviting Authority
/Procuring Entity.
13.2. On receipt of purchase order the tenderer should upload on the website /
fax his confirmation for the receipt of the purchase order within 3 days
from the date of its receipt.
13.3. The tenderer should also host on TNMSC Ld., website within 7 days the
details of his supply schedule specified in Annexure and the same should
be Faxed and mailed to TNMSC Ltd., / Procuring Entity.
13.4. The ordered quantity has to be supplied in 6 months period at the average
rate of 1/6th of the quantity in a month. Hence the suppliers shall supply
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1/6th of the order quantity every month starting from 30th day from the date
of purchase order to the destinations indicated by the Director of Public
Health and Preventive Medicine every month (Tentative destinations at
Annexure-XIII).
13.5. All supplies will be scheduled for the period from the date of acceptance
till the completion of the tender in installments, as may be stipulated in
the Purchase Order. The supplied product shall confirm to the tender
specification and quality standards.
13.6. The tenderer must submit a Test Analysis report from a Government
approved Laboratory for every batch of Sanitary Napkin with Wings
along with invoice. In case of failure on part of the supplier to furnish
such report, the batch of Sanitary Napkin with Wings will be returned
back to the suppliers and the supplier is bound to replenish the same with
Govt. approved lab test report. The Sanitary Napkin with Wings supplied
by the successful tenderer shall be of the best quality and shall comply
with the specifications, stipulations and conditions specified in the
Annexure-VIII.
13.7. Tenderer shall supply the product, at the respective place within the
Health Unit District Services as per the distribution list (Tentative
destinations at Annexure-XIII).
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13.8. If the tenderer fails to execute the supply within the stipulated time, the
Tender Inviting Authority is at liberty to make alternative purchase of the
product of Sanitary Napkin with Wings 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 supplier and in such cases the tender
inviting authority has every right to recover the cost and impose penalty
as mentioned in Clause 19.
13.9. In case of failure in supply as per schedule, apart from risk/alternate
purchase action, the supplier shall also suffer forfeiture of the Security
Deposit and shall invite other penal action like
blacklisting/disqualification from participating in present and future
tenders of Tender Inviting Authority.
13.10. It shall be the responsibility of the tenderer for any shortages/damage at
the time of receipt in the destinations. Tender Inviting Authority is not
responsible for the stock of Sanitary Napkin with Wings received, for
which no purchase order is placed.
13.11. The tenderer shall take back the Sanitary Napkin with Wings, which are
not utilized by the Tender Inviting Authority /Procuring Entity within the
shelf life period based on mutual agreement.
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13.12. If at any time the tenderer has, in the opinion of the Tender Inviting
Authority, delayed in making any supply by reason of any riots, mutinies,
wars, fire, storm, tempest or other exceptional cause on a specific request
made by the tenderer, the time for making supply may be extended by the
Tender Inviting Authority at its discretion for such period as may be
considered reasonable. The exceptional causes does not include the scarcity
of raw material, power cut, labour disputes.
13.13. The supplier shall not be in any way interested in or concerned directly or
indirectly with, any of the officers, subordinates or servants of the Tender
Inviting Authority in any trade or business or transactions nor shall the
supplier give or pay promise to give or pay any such officers,
subordinates or servants directly or indirectly any money or fee or other
considerations under designation of “Custom” or otherwise, nor shall the
supplier permit any person or persons whom so ever to interfere in the
management or performance hereof under the power of attorney or
otherwise with out the prior consent in writing of the Tender Inviting
Authority.
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14. LOGOGRAMS Logogram means, wherever the context occurs, the design as specified in
Annexure-II. The name of the Sanitary Napkin with Wings shall be mentioned
in Tamil and English.
14.1. Tenders for the supply for Sanitary Napkin with Wings shall be
considered only if the tenderer gives undertaking in his tender that the
supply will be prepared and packed with the logogram either printed or
embossed, as per the design enclosed as per Annexure-II.
14.2. All Sanitary Napkin with Wings shall be supplied in standard packing
with printed logogram and shall also conform to the tender specification.
Affixing of stickers and rubber stamps shall not be accepted.
14.3. Failure to supply Sanitary Napkin with Wings, with the logogram will be
treated as breach of the terms of agreement and liquidated damages will
be deducted from bills payable as per condition in Clause 18.5.
Tenderers who are not willing to agree to conditions above will be
summarily rejected.
15. PACKING
15.1. The Sanitary Napkin with Wings shall be supplied in the package
specified in Annexure-VIII and the package shall carry the logograms
specified in Annexure-II.
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15.2. It should be ensured that only first hand fresh packaging material of
uniform size is used.
15.3. All primary packing materials should be strictly conforming to the
specification stipulated.
15.4. Packing should be able to prevent damage or deterioration during transit.
15.5. In the event of products of Sanitary Napkin with Wings supplied found to
be not as per specifications in respect of their packing, the Tender Inviting
Authority / Procuring Entity is at liberty to make alternative purchase of
the products of Sanitary Napkin with Wings 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 supplier and in such cases the tender inviting authority
has every right to recover the cost and impose penalty as mentioned in
Clause 19.
16. QUALITY TESTING
16.1. Samples of supplies in each batch will be chosen at the point of supply or
distribution/storage points for testing. The samples will be sent to
different laboratories for testing as decided by the Tender Inviting
Authority / Procuring Entity.
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16.2. The samples will be drawn periodically throughout the shelf life period.
The supplies will be deemed to be completed only upon receipt of the
quality certificates from the laboratories. Samples which do not meet
quality requirements shall render the relevant batches liable to be rejected.
If the sample is declared to be Not of Standard Quality or spurious or
adulterated or mis-branded, such batch/batches will be deemed to be
rejected goods.
16.3. In the event of the samples of Sanitary Napkin with Wings supplied
failing quality tests or found to be not as per specifications the Tender
Inviting Authority is at liberty to make alternative purchase of the
products of Sanitary Napkin with Wings 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 supplier and in such cases the tender inviting authority has
every right to recover the cost and impose penalty as mentioned in Clause
19.
17. PAYMENT PROVISIONS
17.1. No advance payments towards costs of Sanitary Napkin with Wings, will
be made to the tenderer.
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17.2. Payments towards the supply of Sanitary Napkin with Wings will be
made strictly as per the rules of the Tender Inviting Authority. The
Tenderer shall furnish the relevant details in original (Annexure-XV) to
make the payment through RTGS (Real Time Gross Settlement
System)/Core Banking/NEFT.
17.3. All bills/Invoices should be raised in triplicate as per Goods and Service
Tax in the name of Tamil Nadu Medical Services Corporation Ltd., 417,
Pantheon road, Egmore, Chennai – 600008 or in the name of any other
authority as may be designated.
17.4. Payments for supply will be considered only after supply of the monthly
requirement for 70% of the each ordered quantity and its batches passes in
quality tests in Government Analyst or Approved Laboratories of Tender
Inviting Authority as applicable and within 30 days of acceptance against
bills certified by the consignees for receipt of goods in good condition and
with stock entry certificate, subject to levy of liquidated damages/ penalty
for belated supply. Payments for the rest of the quantity will be made only
after the supply of monthly requirement in full.
17.5 If at any time during the period of contract, the price of tendered product
is reduced or brought down by any law or Act of the Central or State
Government or by the tenderer himself, the tenderer shall be bound to
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inform Tender Inviting Authority immediately about such reduction in
the contracted prices. Tender Inviting Authority is empowered to
unilaterally effect such reduction as is necessary in rates in case the
tenderer fails to notify or fails to agree for such reduction of rates.
18. DEDUCTION IN PAYMENTS:
18.1. For supply beyond the delivery schedule indicated in the Purchase order,
liquidated damages at 1.0% per week or part thereof on the value of
undelivered portion of the order quantity subject to a maximum of 10% of
the contract value will be levied, on monthly schedule basis of supply of
1/3rd of the ordered quantity per month, starting from 16th day of date of
Purchase Order.
18.2. If the supply is received in damaged condition it shall not be accepted. In
case of damage in the packing, the supply will be accepted only after
levying penalty on the total value of supply to that the destination place.
18.3. All the tenderers are required to supply the product with logogram and
with prescribed packing specification. If there is any deviation in these
Tender conditions a separate damages will be levied @ 2% irrespective of
the Tender Inviting Authority having actually suffered any damage/loss
or not, without prejudice the rights of alternative purchase specified in
Clause No.14.3.
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19. QUALITY CONTROL DEDUCTION & OTHER PENALTIES:
19.1. If the successful tenderer fails to execute the agreement and/or to deposit
the required security deposit within the time specified or withdraws his
tender after the intimation of the acceptance of his tender has been sent to
him or owing to any other reasons, he is unable to undertake the contract,
his contract will be cancelled and the Earnest Money Deposit deposited by
him along with his tender shall stand forfeited by the Tender Inviting
Authority and he will also be liable for all damages sustained by the
Tender Inviting Authority apart from blacklisting the supplier for a period
of one year.
19.2. If the samples does not conform to statutory standards, the tenderer will
be liable for relevant action under the existing laws and the entire stock in
such batch should be taken back by the tenderer within a period of 30
days of the receipt of the letter from Tender Inviting Authority. The stock
shall be taken back at the expense of the tenderer. Tender Inviting
Authority has the right to destroy such NOT OF STANDARD QUALITY
Sanitary Napkin with Wings if the tenderer does not take back the goods
within the stipulated time. Tender Inviting Authority will arrange to
destroy the NOT OF STANDARD QUALITY Sanitary Napkin with Wings
within 90 days after the expiry of 30 days mentioned above, without
further notice, and shall also collect demurrage charges calculated at the
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rate of 2% per week on the value of the Sanitary Napkin with Wings
rejected till such destruction.
19.3. If the Sanitary Napkin with Wings supplied by the tenderer have been
partially or wholly used or consumed after supply and are subsequently
found to be in bad odor, unsound, inferior in quality or description or
otherwise faulty or unfit for use, then the contract price or prices of such
articles or things will be recovered from the tenderer, if payment had
already been made to him. In other words the tenderer will not be entitled
to any payment whatsoever for Products of Sanitary Napkin with Wings
found to be of NOT OF STANDARD QUALITY whether consumed or not
consumed and the Tender Inviting Authority is entitled to deduct the cost
of such batch of Sanitary Napkin with Wings from the any amount
payable to the tenderer. On the basis of nature of failure, the product
/supplier will be moved for Black Listing.
19.4. The tenderer shall furnish the source of procurement of raw materials
utilized in the production of the final product if required by Tender
Inviting Authority. Tender Inviting Authority/Procuring Entity reserves
the right to cancel the purchase orders, if the source of supply is not
furnished.
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19.5. The decision of the Tender Inviting Authority or any Officer authorized
by him as to the quality of the supply shall be final and binding.
19.6. Tender Inviting Authority will be at liberty to terminate without assigning
any reasons thereof the contract either wholly or in part on 15 days notice.
The tenderer will not be entitled for any compensation whatsoever in
respect of such termination.
19.7. For infringement of the stipulations of the contract or for other justifiable
reasons, the contract may be terminated by the Tender Inviting
Authority/ Procuring Entity and the tenderer shall be liable for all losses
sustained by the Tender Inviting Authority/ Procuring Entity in
consequence of the termination which may be recovered personally from
the tenderer or from his properties, as per rules.
19.8. Non performance of any of the contract provisions will disqualify a firm
to participate in the tender for the next five years.
19.9. Alternative Purchase, as specified in Clause 13.8, Clause 15.5 and in
Clause 16.3 the supplier will be imposed penalty apart from forfeiture of
Security Deposit. The excess expenditure over and above contracted prices
incurred by the Tender Inviting Authority in making such purchases from
any other sources or in the open market or from any other tenderer who
has quoted higher rates and other losses sustained in the process, shall be
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recovered from the Security Deposit or from any other money due and
become due to the supplier and in the event of such amount being
insufficient, the balance will be recovered personally from the supplier.
19.10. In all the above conditions, the decision of the Tender Inviting Authority,
shall be final and binding.
20. BLACKLISTING PROCEDURE
The procedure of the Tamilnadu Medical Services Corporation Limited for
blacklisting is in Annexure-XII. This procedure is in addition to and not in
derogation of the terms and conditions of the tender documents.
21. SAVING CLAUSE
No suit, prosecution or any legal proceedings shall lie against Tender Inviting
Authority or any person for anything that is done in good faith or intended to be
done in pursuance of tender.
22. RESOLUTION OF DISPUTES
(i) The purchaser and the supplier 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,
(ii) In case of a dispute or difference arising between the purchaser and a
supplier relating to any matter arising out of or connected with this
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agreement, such dispute or difference shall be settled in accordance with
the Arbitration and Conciliation Act, 1996. The venue of arbitration shall
exclusively be at Chennai.
23. APPEAL:
This tender is governed by the provisions of Tamilnadu Transparency in Tenders
Act 1998 and the Rules there under.
(i) Any Tenderer aggrieved by the order passed by the Tender Accepting
Authority under section 10 of the said Act, may appeal to the Government
within ten days from the date of receipt of order and the Government shall
dispose the appeal within fifteen days from the date of receipt of such
appeal.
(ii) No Appeal shall be preferred while the tender is in process and until
tender is finalized and Notification of award is issued by the purchaser.
24. CONTACTING THE PURCHASER BY THE BIDDER:
(i) No bidder shall contact the Purchaser on any matter relating to its bid, from
the time of bid opening to the time the contract is awarded.
(ii) Any effort by a bidder to influence the Purchaser in the Purchaser’s bid
evaluation, bid comparison or contract award decisions may result in
rejection of the bidder’s bid.
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(iii) The bidder shall not make any attempt to establish unsolicited and
unauthorized contact with the Tender Accepting Authority, Tender Inviting
Authority or Tender Scrutiny Committee after opening of the bids and prior
to the notification of award and any attempt by any bidder to bring to bear
extraneous pressures on the Tender Accepting Authority, Inviting Authority
or Tender Scrutiny Committee, shall be sufficient reason to disqualify the
bidder.
(iv) Not withstanding anything contained in clause (iii) above the Tender
Inviting Authority or the Tender Accepting Authority, may seek bonafide
clarifications from bidders relating to the bids submitted by them during the
evaluation of bids.
25. FRAUDULENT AND CORRUPT PRACTICES:
For bidders: It is purchaser’s policy to require that the bidders, suppliers and
contractors and their authorized representatives/agents observe the highest
standard of ethics during the procurement and execution of such contracts. (In
this context, any action taken by a bidder, supplier, contractor, or by their authorized
representatives/agent, to influence the procurement process or contract execution for
undue advantage is improper) In pursuance of this policy, the purchaser;
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(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 (“another party” refers to a public official
acting in relation to the procurement process or contract execution]. In
this context, “public official” includes staff and employees of other
organizations taking or reviewing procurement decisions.
(ii) “fraudulent practice” is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit or
to avoid an obligation (a “party” refers to a public official; the terms
“benefit” and “obligation” relate to the procurement process or contract
execution; and the “act or omission” is intended to influence the
procurement process or contract execution).
(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 [“parties” refers to
participants in the procurement process (including public officials)
attempting to establish bid prices at artificial, non competitive level].
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(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 (a “party”
refers to a participant in the procurement process or contract execution).
(v) “obstructive practice” is
(aa) 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; or
(bb) acts intended to materially impede the exercise of the
purchaser’s inspection and audit rights provided for under sub-
clause (e) below.
(b) will reject a proposal for award if it determines that the bidder considered
for award has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices in competing for
the contract in question;
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(c) will cancel the contract if the purchaser determines at any time that the
bidder, supplier and contractors and their sub contractors engaged in
corrupt, fraudulent, collusive, or coercive practices.
(d) will sanction a firm or individual, including declaring ineligible, either
indefinitely or for a stated period of time, to be awarded a contract if it at
any time determines that the firm has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive or obstructive
practices in competing for, or in executing, a contract; and
(e) will have the right to inspect the accounts and records of the bidders,
supplier, and contractors and their subcontractors/authorized
representatives and to have them audited by auditors appointed by the
purchaser.
For suppliers:
If the Purchaser determines that a Supplier has engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices, in competing for or in
executing the Contract, then the Purchaser may, after giving 7 days notice to the
Supplier, terminate the Supplier's employment under the Contract and cancel
the contract, and the procurement will be made at the risk and cost of the
supplier.
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(a) For the purposes of this Sub-Clause:
(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 a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit or
to avoid an obligation;
(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
(aa) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false
statements to investigators in order to materially impede a
purchaser investigation into allegations of a corrupt,
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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
(bb) acts intended to materially impede the exercise of the
purchaser’s inspection and audit rights provided for.
26. 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 Chennai only and official
communicating language shall be Tamil (or) English, even if any dispute is
raised in any other fora.