54
ANNEXURE-I Ref. Clause No.6.9.1.1 FORMAT OF BANK GUARANTEE OF EARNEST MONEY DEPOSIT To The Kerala Medical Services Corporation Limited (Address) WHEREAS _____________________________ (Name and address of the Company) (Hereinafter called “the bidder”) has undertaken, in pursuance of tender no________________________ dated _____________ (herein after called “the tender”) to participate in the tender of The Kerala Medical Services Corporation Limited, (address) with ……………………………. (description of goods and supplies). AND WHEREAS it has been stipulated by you in the said tender that the bidder shall furnish you with a bank guarantee by a scheduled commercial bank recognised by you for the sum specified therein as Earnest Money Deposit for compliance with its obligations in accordance with the tender; AND WHEREAS we have agreed to give the bidder-----------------(name and address) such a bank guarantee; NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the bidder, up to a total amount of ________________________ (Amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the bidder to be in default under the tender conditions and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 63

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ANNEXURE-IRef. Clause No.6.9.1.1

FORMAT OF BANK GUARANTEE OF EARNEST MONEY DEPOSIT

To The Kerala Medical Services Corporation Limited(Address)

WHEREAS _____________________________ (Name and address of the Company) (Hereinafter called “the bidder”) has undertaken, in pursuance of tender no________________________ dated _____________ (herein after called “the tender”) to participate in the tender of The Kerala Medical Services Corporation Limited, (address) with ……………………………. (description of goods and supplies).

AND WHEREAS it has been stipulated by you in the said tender that the bidder shall furnish you with a bank guarantee by a scheduled commercial bank recognised by you for the sum specified therein as Earnest Money Deposit for compliance with its obligations in accordance with the tender;

AND WHEREAS we have agreed to give the bidder-----------------(name and address) such a bank guarantee;

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the bidder, up to a total amount of ________________________ (Amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the bidder to be in default under the tender conditions and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the bidder before presenting us with the demand.

We undertake to pay you any money so demanded notwithstanding any dispute or disputes raised by the bidder(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under these presents being absolute and unequivocal.

We agree that no change or addition to or other modification of the terms of the tender to be performed there under or of any of the

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 63

tender documents which may be made between you and the supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification.

No action, event, or condition that by any applicable law should operate to discharge us from liability, hereunder shall have any effect and we hereby waive any right we may have to apply such law, so that in all respects our liability hereunder shall be irrevocable and except as stated herein, unconditional in all respects.This guarantee will not be discharged due to the change in the constitution of the Bank or the bidder(s).

We, ________________________________________ (indicate the name of bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent, in writing, of The Kerala Medical Services Corporation Limited.

This Guarantee will remain in force up to --------(Date). Unless a claim or a demand in writing is made against the bank in terms of this guarantee on or before the expiry of ------(Date) all your rights in the said guarantee shall be forfeited and we shall be relieved and discharged from all the liability there under irrespective of whether the original guarantee is received by us or not.

(Signature with date of the authorised officer of the Bank) …………………………………………………………. Name and designation of the officer …………………………………………………………. …………………………………………………………. Seal, name & address of the Bank and address of the Branch

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 64

ANNEXURE-IIRef. Clause No. 6.9.1.11

FORM OR CERTIFICATE OF SALES TAX VERIFICATION TO BEPRODUCED BY AN APPLICANT FROM THE CONTRACT OR OTHER

PATRONAGE AT THE DISPOSAL OF THE GOVERNMENT OFKERALA.

(To be filled up by the applicant)

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

02.a. Name and address of all companies, firms or associations or persons in which the applicant is interested in his individual or fiduciary capacity.

b. Places of business of the applicant (All places of business should be mentioned).

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

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

2007 - 20082008 - 20092009 - 2010

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

Year Total T.O. be assesse

d Rs.

Total Tax

assessed Rs.

Total Tax paid Rs.

Balance due Rs.

Reasons for

balance Rs.

2007 - 20082008 - 20092009 - 2010

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 65

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

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

e. The name and address of Branches if any:

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

Signature of applicant:Address:Date:

(To be filled up by the Assessing authority)

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

Date Seal : Deputy / Asst. Commercial Tax - OfficerDeputy Asst.

NOTE: A separate certificate should be obtained in respect of each of the place of business of the applicant from the Deputy Commercial Tax Officer or Assistant Commercial Tax Officer having jurisdiction over that place.

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 66

ANNEXURE-III Ref. Clause No. 6.9.1.12

DECLARATION

I/We M/s._____________________ represented by its Proprietor / Managing Partner / Managing Director having its Registered Office at ________________________________________________and its Factory Premises at ____________________________________________________ do hereby declare that I/We have carefully read all the conditions of tender no.________________________ dated ______ for supply of Drugs for the period from 01.04.2011 to 31.03.2012 floated by the Kerala Medical Services Corporation Ltd., Thiruvananthapuram and accepts all conditions of Tender.

I/We declare that we possess the valid license and GMP Certificate as per revised Schedule-‘M’ issued by the Competent Authority and complies and continue to comply with the conditions laid in Schedule M of Drugs & Cosmetics Act, 1940 and the Rules made there under. I/We furnish the particulars in this regard in enclosure to this declaration.

I/We agree that the Tender Inviting Authority forfeiting the Earnest Money Deposit and or Security Deposit and blacklisting me/us if, any information furnished by us proved to be false at the time of inspection and not complying the conditions as per Schedule M of the said Act.

Signature :Seal

Name & Address :To be attested by the Notary.

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 67

Enclosure to Annexure – III Refer Clause 6.9.1.12

DECLARATION FOR COMPLIANCE OF c G.M.P

01. Name and Address of the Firm :

02. Name of Proprietor / Partner / Director :

03. Name and Designation of Person Present :

04. GMP Certificate As per Revised Schedule “M”

05. Details of Licenses Held With Validity :

06. Number of Workers Employed : Ladies : Gents :

07. Whether Workers Provided with Uniform : Yes / No

08. Whether Medical Examination donefor the Workers : Yes / No

09. Hygienic Condition

(I) Surrounding : Satisfactory / Not Satisfactory

(II) Production Areas : Satisfactory / Not Satisfactory

(III) Other Areas : Satisfactory / Not Satisfactory

10. Provision for Disposal of Waste : Yes / No

11. Heating System : Yes / No

12. Whether Benches provided in all : Yes / NoWorking Area

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 68

13. Water Supply

(A) Source :

(B) Storage Condition : Satisfactory / Not Satisfactory

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

(D) Cleaning Schedule in Water Supply System with Proper Records : Yes / No

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

14. Air handling system along with list of machine and cost of the unit, separately for sterile and non sterile preparation :

15. Whether the pollution control clearance is valid for Air and Water and if so the period upto which valid (copy of the certificate to be enclosed) :

16. Raw Material Storage Area (I) Quarantine : Provided / Not Provided

(II) Passed Materials : Provided / Not Provided

(III) Rejected Materials : Provided / Not Provided

17. Finished Product Storage Area

(I ) Quarantine : Provided / Not Provided

(II) Released Material : Provided / Not Provided

18. Details of Technical Staff

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 69

Name Qualification Experience

For Manufacturing :For Testing :

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

Chemical Method : Yes / No

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

in Annexure)

Biological : Yes / No

Micro Biological : Yes / No

Animal Testing : Yes / No

20. Remarks

(A) Whether Products Quoted to KMSCL are Endorsed in the License : Yes / No

(B) Whether the drugs quoted to KMSCL have been ManufacturedEarlier (Last 3 Years) : Yes / No

If Yes, Details Like

Sl.No

Date of Manufactu

re

Name of the Drug

Batch No. Batch Size

Date of

Release

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 70

C. PRODUCTION CAPACITY:

Capsule Section

Type of Equipmen

ts

(1)

No. of Equipme

nts

(2)

Production Capacity of all

the Equipments in

column 2 per shift

(3)

No of shift

(4)

Production

Capacity allotted

for KMSCL

(5)Double cone blenderAutomatic capsule filling machineSemi automatic Capsule filling machineHand filling machineBlister packing machine Strip packing machine

Parenteral Section

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 71

Type of Equipments

(1)

No. of Equipment

s

(2)

Production Capacity of

all the Equipments in column 2

per shift(3)

No of shift

(4)

Production

Capacity allotted

for KMSCL

(5)Small volume ParenteralMixing VesselLaminar Flow unit Filtration unitAmpoule filling machine(with No of head)Vial filling Machine(with No of head)Vial sealing machine Powder filling machineAutoclave for terminal SterilizationAmpoule labeling machineVials labeling machine

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

(E) Any Prosecution After : Yes / NoSubmission of Tender Documents.(If Not, Nil Statement)

(F) Chances Of Cross Contamination : Yes / No at Raw Materials/In Process/ Finished Product Stages And Steps/

Facilities (G) Validation of Equipments done : Yes / No

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 72

(H) Cleaning Schedule(I) For Premises : (II) For Equipments :

(I) Adverse Reaction, If Any and : Reported

Sl. No. Description Remarks

1 Whether any drug(s) manufactured by the tenderer has / have been recalled during last five years? If yes given details

2 What are the results of investigations on the recalled drug(s)?

3 What action have been taken to prevent recurrence of recall of drug(s) on that particular account?

(J) Complaints Received If Any : and Steps taken.

Sl. No.

Description Remarks

1 Whether any drug(s) manufactured by the tenderer has / have been recalled during last five years? If yes given details

2 What are the results of investigations on the recalled drug(s)?

3 What action have been taken to prevent recurrence of recall of drug(s) on that particular account?

Signature and Seal of Proprietor / Partner / Director

To be attested by the Notary.

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 73

Instruments Provided in the Quality Control Lab

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 74

Sl.

(1)

Name of the Instruments

(2)

No. of Instrum

ents

(3)

Cost of Instrum

ents

(4)

Whether it is in working condition

(5)

1 Analytical Balance 2 Infra Red

Spectrometer 3 Karl Fisher Tritator 4 Melting Point 5 Brookfield

Viscometer6 Polarimeter 7 Autoclave 8 Refractometer 9 Sampling Booth10 UV-Vis

Spectrometer 11 HPLC12 Muffle Furnace13 Fuming Cupboard 14 Micrometer 15 Dissolution Tester 16 Disintegration

Tester 17 Friability Tester18 Vernier Calipers19 IR Balance 20 Hardness Tester 21 Leak Test

Apparatus 22 Laminar Air Flow23 BOD Incubator 24 Vacuum oven 25 Bulk Density

Apparatus 26 Water Activity

Meter 27 Anaerobic System 28 Gas

Chromatograph29 LAL Kit30 Sterility Test Kit 31 Particle Counter 32 Air Sampler33 Flame Photometer 34 Tap Density Tester

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 75

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 76

ANNEXURE-III-ARefer clause No. 6.5.9

UNDERTAKING

I __________________, S/o _________________, Proprietor / Partner / Managing Director of ______________________________________ (Proprietary Concern / Firm / Company Ltd.) execute this Undertaking for myself and on behalf of ________________________ (Proprietary Concern / Firm / Company Ltd.).

2. Whereas, KMSCL (Tender Inviting Authority) has invited tender for supply of drugs for the year 2011-12 and in pursuant to the conditions in the tender documents, M/s.______________________________________________ is exempted from payment of Earnest Money Deposit.

3. And Whereas, in pursuant to the conditions in Clause 6.5.9 of the tender, the Earnest Money Deposit can be forfeited by the Tender Inviting Authority in case of violation of any of the conditions and for non-performance of the obligation under tender document.

Witness: - Signature: (1) Seal(2) Name & Address

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 77

ANNEXURE-IVRef. Clause No. 6.9.1.13

PROFORMA FOR PERFORMANCE STATEMENT

(ATTACH SEPARATE SHEET FOR EACH PRODUCT QUOTED)

Name of firm ………………………………………………………………Name of the product ………………………………………………………………Tendered Quantity ………………………………………………………………Production Capacity: i) Annual ……………………………………………….

ii) Monthly ……………………………………………Offered Quantity ………………………………………………………

Sl No

Batch Nos and

expiry

date

Batch Size

BMR Reference No.

Name and full

address of the

purchasers*

Supply

order No and date

Invoice No and date

Page Nos of the documents

submitted in the Cover A

BMR Supply

order

Invoice

2008-0912345

2009-10123452010-1112345

Signature and seal of the Tenderer

* if there are more than one purchaser for a batch the details of each purchaser should be furnished in the respective column.

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 78

Annexure-V Ref. Clause. 6.9.1.14

ANNUAL TURN OVER STATEMENT

The Annual Turnover of

M/s______________________________________for the past three years are

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

___________________________________________________________Sl. No. Year Turnover in Lakhs (Rs)____________________________________________________________

1 2007 - 2008 -

2 2008 - 2009 -

3 2009 - 2010 ___________________________________________________________

Total - Rs. ____________________ Lakhs.____________________________________________________________

Average turnover per annual - Rs.______________________Lakhs.

Date: Signature of Auditor/ Chartered Accountant

(Name in Capital)

Seal:

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 79

ANNEXURE-VIRefer Clause No. 6.9.1.17 and 6.27.

DECLARATION

I/We ….…………………………………………………………………… do

hereby declare that I /We will supply the Drugs and Medicines as per

the designs given in enclosures to this Annexure and as per the

instructions given in this regard.

Signature of the TendererName in capital letters with Designation

Attested by Notary Public.

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 80

ENCLOSURE-I TO ANNEXURE-VIRefer Clause No. 6.9.1.17 and 6.28.

DESIGN FOR LOGOGRAM

INJECTIONSInjection in ampoule form should be supplied in Double constructed neck ampoules and the vials should be supplied with aluminum seals. The labels of the primary, secondary and outer cartons etc. shall bear the words "KERALA Govt. Supply - Not for sale", and above logogram overprinted, which will distinguish from the normal trade packing. The labels of the large volume parenterals and their outer cartons should bear the words “KERALA Government Supplies – Not for Sale” and the logogram above.

IMPORTED DRUGS/ PRODUCTSIn case of imported Drugs/ products the above logograms and wordings should be printed in indelible ink either on the label borne by the container of the Drug/ product or on a label or wrapper affixed to any package in which the container is issued.

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 81

ENCLOSURE-II TO ANNEXURE-VIRefer Clause No. 6.9.1.17

SPECIMEN LABEL FOR OUTER CARTON

KERALA GOVT. SUPPLYNOT FOR SALE

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

Batch. : …………… Quantity Packed: …………..Mfg Date: …………… Net Weight: ……………….

Manufactured by: ……….

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 82

ENCLOSURE-III TO ANNEXURE-VIRefer clause 6.28.2

BAR CODING DETAILS

BOX NO :

PO NUMBER :

SUPPLIER CODE :

SUPPLIER NAME :

DRUG CODE :

DRUG NAME :

BATCH NO :

MFG DATE :

EXPIRY DATE :

BATCH QUANTITY :

INVOICE NO :

D C NO :

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 83

ANNEXURE – VIIRefer clause No.6.9.1.18

DETAILS OF MANUFACTURING UNIT

Name of the Tenderer & Full Address :

PAN Number :

Phone Nos. :

Fax :

E-Mail :

Date of Inception :

License No. & Date :

Issued by :

Valid up to :

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 84

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

Injections

Ampoules :

Vials :

Sterile Powder :

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

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 85

CHECK LIST ANNEXURE – VIII

Refer clause No. 6.9.1.23

COVER- A. Page No

1. Checklist – Annexure VIII 1

2. EMD in the form of DD shall be kept in an envelope. Valid SSI certificate for exemptionDD No/BG No. :Date :Bank & branch :Amount :

3. Inspection fee in the form of DD shall be kept in an envelope (Applicable only to those firms whose offer has been rejected due to failure in Inspection in the previous years)DD No. :Date :Bank & branch :Amount :

4. Tender document cost in the form of DD shall be kept in an envelope (applicable only to those firms who has downloaded the tender document)DD No. :Date :Bank & branch :Amount :

5. Copy of voucher receipt issued by KMSCL for the remittance of the Tender document cost (applicable only to those firms who has purchased the Tender documents)Voucher No.Date :

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 86

6. Copy of voucher receipt issued by KMSCL for the remittance of fee for pre-bid meeting (applicable only to those firms who had participated in the pre-bid meeting)Voucher No.Date :

7. Documentary evidence for the constitutions of the company / concern

8. Duly attested photocopy of License for the product duly approved by the Licensing Authority for each and every product quoted.

9. Duly attested photocopy of Import License, if imported.

10. The instruments such as power of attorney, resolution of board etc.,

11. Authorization letter nominating a responsible person of the tenderer to transact the business with the Tender inviting Authority.

12. Market Standing Certificate issued by the Licensing Authority

13. Notary attested copy of record of manufacture / import to establish 3 years market standing.

14. Non Conviction Certificate issued by the Drugs Controller

15. Good Manufacturing Practices Certificate

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 87

16. Annual Turnover Statement for 3 Years(Annexure-V)

17. Copies of balance sheet & profit loss account for three years

18. Annexure-II (Sales Tax clearance certificate)

19. Annexure-VI (Undertaking for embossment of logo)

20. Declaration Form in Annexure-III

21. Performa for Performance Statement(Annexure-IV)

22. Details of Manufacturing Unit in Annexure-VII

23. Notary attested copy of the license for the use of standard mark (IS) issued by Bureau of Indian Standards (BIS), in case of non drug products for which IS specification is insisted in Section IV

24. WHO, UNICEF, ISO certificates if any

25. Details of Technical personnel employed in the manufacture and testing

26. List of items quoted without rates(2 copies).

27. Notary attested documentary evidence to prove that the tenderer is having own cold chain transporting system/copy of the

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 88

contract agreement made with transporting agent

28. Declaration in annexure-XIII

29. The Tender document signed by the tenderer in all pages with office seal.

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

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 89

KERALA MEDICAL SERVICES CORPORATION LIMITED, THIRUVANANTHAPURAM

Re-ender for the supply of drugs requiring cold storage for the period

from 01.04.2011 to 31.03.2012(Tender No.010-II/DRG(CS)/RT/KMSCL/2011-12 dated

25.02.2011)

PRICE BIDANNEXURE –IX

Refer clause No. 6.10.2

Drug code. No.

Name of the Drug

Strength

Quantity of

Supply In Units

Basic Price

Inclusive of

Incidental Services

Packing & Forwar

ding Charges

Excise Duty

Freight Insura

nce Charges

Sales Tax

Applicable

Total landed Price (5+6+7+

8+9)Total Value In figures

(1) (2) (3) (4) (5) (6) (7) (8) (9) In figure (10)

In words (11)

(12)= (4*10)

Total value

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 90

ANNEXURE-XRefer clause 6.23.1

AGREEMENT

THIS AGREEMENT made on this.............. day of ................, 2011 between................... Kerala Medical Services Corporation Ltd represented by its Managing Director having its registered office at Thiruvananthapuram (hereinafter “the Purchaser”) of one part and M/s. ………..................... (Name and Address of Supplier).................................... (hereinafter “the Supplier”) represented by ……………………… (Name of the Authorized Signatory and Designation), Aged …..... years, residing at ……………………………… (Full Residential Address of the Signatory) of the other part:

WHEREAS the Purchaser has invited tenders for the supply of Drugs requiring cold storage vide tender no………………………………….. dated ……… The supplier has submitted technical and price bids as contained in the tender document. The Purchaser has finalized the tender in favour of the Supplier for the supply of drugs requiring cold storage specified in the schedule attached hereto at the prices noted against each item therein for a total cost of Rs. ………………… (Contract Price in Words and Figures) (hereinafter “the Contract Price”) on the terms and conditions set forth in the agreement.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:1. In this Agreement words and expressions shall have the

same meanings as are respectively assigned to them in the tender document referred to.

2. The following documents shall be deemed to form and be read and constructed as part of this Agreement, viz.:(a) All the documents submitted by the tenderer as

part of technical bid and price bid;(b) The Schedule of Requirements;(c) The Specifications and other quality parameters;

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 91

(d) The clarifications and amendments issued / received as part of the tender document

(d) The General Conditions of Contract;(e) The Specific Conditions of Contract; and(f) The Purchaser’s Offer Letter

3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Purchaser to supply drugs requiring cold storage conforming in all respects with the provisions of the Contract.

4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the tender, 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.

5. The Supplier has deposited with the Purchaser an amount of `…………….(as in Tender condition) as Security Deposit as specified in Clause 6.24 of the Conditions of Tender for due and faithful performance of the provisions of this Agreement. Such Security Deposit made by the Supplier is liable to be forfeited by the Purchaser in the event of the Supplier failing duly and faithfully to perform any one or more or any part of any one of the said provisions. The payment for the supplies made by the Supplier will be paid to him only after he has remitted the required amount of Security Deposit.

SCHEDULE(Selected L1 items)

Sl.No Drug

Code

Name of

the Drug

Strength Unit L1 Rate

(`.)

Offered

Quantity

Value

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 92

Total Value (`.)

(Matched L1 items)Sl.No Drug

Code

Name

of the

Drug

Strength Unit Quoted

Rate

Matched Rate

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above written.

Signed, Sealed and Delivered by the

said......................................... (For the Purchaser)

in the presence of ...................................................

Signed, Sealed and Delivered by the

said ...........................................(For the Supplier) (Signature, Name, Designation and Address with Office seal)

in the presence of ....................................................

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 93

1) (Signature, Name and Address of witness)

2) (Signature, Name and Address of witness)

KMSCL: Re-tender for the supply of drugs requiring cold storage (category-II) for the year 2011-12 Page | 94

ANNEXURE-XIRefer Clause No.6.24.2

FORMAT OF BANK GUARANTEE FOR SECURITY DEPOSIT

To The Kerala Medical Services Corporation Limited(Address)

WHEREAS _____________________________ (Name and address of the supplier) (Hereinafter called “the supplier”) has undertaken, in pursuance of contract no________________________ dated _____________ (herein after called “the contract”) to supply The Kerala Medical Services Corporation

Limited, (address) with ……………………………. (description of goods and supplies).

AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a bank guarantee by a scheduled commercial bank recognised by you for the sum specified therein as security for compliance with its obligations in accordance with the contract;

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

NOW THEREFORE we hereby affirm that we are

guarantors and responsible to you, on behalf of the supplier, up to a total amount of ________________________ (Amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the supplier to be in default under the contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.

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

We undertake to pay you any money so demanded notwithstanding any dispute or disputes raised by the supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under these presents being absolute and unequivocal.

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We agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between you and the supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification.

No action, event, or condition that by any applicable law should operate to discharge us from liability, hereunder shall have any effect and we hereby waive any right we may have to apply such law, so that in all respects our liability hereunder shall be irrevocable and except as stated herein, unconditional in all respects.

This guarantee will not be discharged due to the change in the constitution of the Bank or the Supplier(s).

We, ________________________________________ (indicate the name of bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent, in writing, of The Kerala Medical Services Corporation Limited.

This Guarantee will remain in force up to (Date). Unless a claim or a demand in writing is made against the bank in terms of this guarantee on or before the expiry of (Date) all your rights in the said guarantee shall be forfeited and we shall be relieved and discharged from all the liability there under irrespective of whether the original guarantee is received by us or not.

(Signature with date of the authorised officer of the Bank) …………………………………………………………. Name and designation of the officer …………………………………………………………. …………………………………………………………. Seal, name & address of the Bank and address of the Branch

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ANNEXURE-XIIRefer Clause No.6.28

PACKING SPECIFICATION

I. SCHEDULE FOR PACKAGING-GENERAL SPECIFICATIONS

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

2. All Corrugated boxes should be of `A' grade paper ie., Virgin.3. All items should be packed only in first hand boxes only.

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

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

than two joints.

STITCHING: 5.Every box should be stitched using pairs of metal pins with

an interval of two inches between each pair. The boxes should be stitched and not joined using calico at the cor-ners.

FLAP: 7.The flaps should uniformly meet but should not over lap

each other. The flap when turned by 45 - 60 should not crack.

TAPE: 8.Every box should be sealed with gum tape running along

the top and lower opening.CARRY STRAP:

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

LABEL: 10. Every corrugated box should carry a large outer label at

least 15cms x 10cms dimension clearly indicating that the product is for "Kerala Govt. Supply - Not For Sale" and 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 in bold letters

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as depicted in Enclosure II to Annexure VI of this document.

OTHERS:

11. No Thermo cool box should contain mixed products or mixed batches of the same product.

II. SPECIFICATION FOR THERMOCOOL BOXES HOLDINGTABLETS / CAPSULES/ INJECTABLE (IN VIALS AND AMPOULES)

(1) The thermo cool box should be of standard thickness ca-pable of withstanding all types of shock during trans-portation and to preserve the cold temperature through-out the period of transit.

(2) The thermo cool box should be packed with sufficient number of cold packs to maintain the desired tempera-ture for the entire contents throughout the period of tran-sit.

(3) Only first hand thermo cool boxes should be used

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ANNEXURE-XIIIRefer Clause No.5.2.3

DECLARATION

I/We M/s._____________________ represented by its Proprietor / Managing Partner / Managing Director having its Registered Office at ___________________________________________and its Factory Premises at ________________________________________________ do hereby declare that I/We have carefully read all the conditions for maintaining the cold chain of the drugs during transporting mentioned in clause 5.2.3 of Tender No. _________________________________ dated _______ for supply of Drugs for the period from 01.04.2011 to 31.03.2012 floated by the Kerala Medical Services Corporation Ltd., Thiruvananthapuram and accepts the condition.

I/we also declare that the products will be provided with temperature variation indicators like vaccine vial monitors or each container of a consignment will be provided with data loggers for recording the temperature conditions during transit, the software of which will be provided to all the warehouses

I/We agree that the Tender Inviting Authority rejecting the consignment, forfeiting the Security Deposit and blacklisting me/us, if the condition of cold chain transportation is not complied with.

Signature :Seal

Name & Address :

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APPENDIX – IRefer clause No. 6.9.1.2

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APPENDIX – IIRefer clause No.5.3.3

ADDRESS OF DRUG WAREHOUSES OF KMSCL

1.District Drug Warehouse, DMO Compound, Near Eye Hospital, Thiruvananthapuram - 695 035, Phone: 0471 – 4015638, Mobile: 9496003900

2.District Drug Warehouse, Near Thevally Bridge, Thevally P.O., Kollam – 691 009, Phone: 0474 – 2794807, Mobile: 9496004500

3.District Drug Ware House, Mulackal Road, Nannuvakadu, Pathamanthitta.P.O – 689 645, Phone : 0468 – 2329269, Mobile : 9496004600

4.District Drug Ware House, Near General Hospital, Iron Bridge P.O., Alappuzha - 688 005, Phone: 0477 – 2252302, Mobile: 9496004700

5.District Drug Ware House, Behind District Hospital, Chelliyozhukkam Road, Kottayam – 686 001, Phone: 0481- 2562401, Mobile: 9496004800

6.District Drug Ware House, Muttam P.O., Thodupuzha, Idukki – 685 587Phone: 0486 – 2256428, Mobile: 9496004900

7.District Drug Ware House, General Hospital Compound,Ernakulam - 682 011, Phone: 0484 – 2351860, Mobile: 9496005400

8.District Drug Ware House, High Road, Opposite Police Officer’s Quarters, Thrissur-1, Phone: 0487 – 2423369, Mobile: 9496005600

9.District Drug Ware House, Near Railway Station Over Bridge,Tirur P.O., Malappuram – 676 101, Phone: 0494 – 2426759, Mobile: 9496005800

10. District Drug Ware House, District Hospital CompoundPalakkad, Phone : 0491- 2533336, Mobile: 9496006200

11.District Drug Ware House, Malaparambu P.O., Kozhikode – 673 009Phone: 0495 – 2370735, Mobile: 9496006400

12.District Drug Ware House, Near District Hospital, Mananthawadi P.O., Wayanad - 620 645, Phone: 04935 - 244303, Mobile: 9496006500

13.District Drug Ware House, Near Palakkadan, Swami Madam, Kakkad Road, Kannur, Phone: 0497 – 2705046, Mobile: 9496006700

14.District Drug Ware House, Near Old District Hospital, Kanjangad, Kasargode-671 315Phone: 0467 – 2206464, Mobile: 9496006900

15. KSDPL Warehouse, Kalavoor Alappuzha

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16. Medical Collge Warehouse, Thiruvananthapuram 17. Drug Warehouse, Chathannor, Kollam18. Drug Warehouse, Kottayam19. etc.

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APPENDIX – IIIRefer clause No.5. 4

VENDOR RATING LIST OF KMSCL BASED ON THE PERFORMANCE IN THE CONTRACT OF 2009-10 &

2010-11SL.N

O NAME OF THE SUPPLIER VENDOR RATING

1 Indian Immunologicals Ltd,Hyderabad-500033 A

2 Biocon Limited,Bangalore-560100. B

3 No eligible suppliers C

4 All other suppliers and tenderers including new participants D

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