Haryana Medical Services Corporation Ltd.

        (A Govt. Of Haryana Undrertaking)

  • 1. ELIGIBILITY CRITERIA:

    • 1.1 INDIAN MANUFACTURERS/IMPORTERS:

      Bidder shall be
      • (a)  Indian Manufacturer having valid manufacturing license
      • OR Direct importer having valid import license issued by competent authority.
      • (b)  Distributors / Suppliers / Agents are not eligible to participate in the Tender.
      • (c)  The loan licensees are not eligible to participate.
      • (d)  In case of such Pharmaceutical product for which drug regulatory authority issue only repacking license instead of manufacturing license, such firm are also eligible to participate in the tender.
      • (e)  Bidders are eligible to quote items only under generic names.
    • 1.2 GMP (GOOD MANUFACTURING PRACTICE):

      The manufacturer should have a valid WHO-GMP inspection certificate in line with the WHO certification scheme and Certificate of Pharmaceutical Products (COPP),on pharmaceuticals being quoted, from the appropriate Regulatory Authority (RA). Bidder should submit a valid (at the time of bid submission date) product wise Certificate of WHO-GMP and COPP issued by Regulatory Authority of State/ CDSCO, for each item offered. Document required: WHO-GMP inspection certificate and COPP
    • 1.3 MANUFACTURING AND MARKETING EXPERIENCE:

      • (i)  Bidders having minimum three years of manufacturing and marketing experience for a particular item are eligible to quote. A certificate from the concerned State Drug Controller that the firm has been manufacturing and marketing the product/products, for which the firm has quoted the price, for the last three years at the time of submission of offer.
      • (ii)  The condition of minimum 3 years manufacturing & marketing experience however will not apply to drugs, which were introduced in India less than 3 years ago. The manufacturer would be required to submit a certificate from State Licence Authority or Drug Controller General of India in support of their claim.
      • (iii)  For proprietary drugs. if a firm is the sole manufacturer for the products, it can be eligible provided it submits certificate to this effect from the State Drug Controller/ Licensing Authority.
      • (iv)  The bidder should also submit the quantities manufactured and marketed of the items quoted in last three years along with batch size. Documents attested by Chartered Accountant are required.
    • 1.4 TURNOVER REQUIREMENTS:

      Turnover of the Participating firms divided into three Groups as under:-
      • i)   Group-A : Group A covers all Injectable, all doses forms of Antibiotics & Analgesics, Vaccines, Sera, Biologics, Surgical Sutures and Implants. The firms, having a minimum annual turnover of Rs. 20 crores (Twenty crores) in each of the last three years will be eligible for participation.
      • ii)  Group-B : Group B covers Tablet, Capsules, Ointments, Jellies, Gels, Powders, Liquids, Syrups, Suspensions, Solutions of therapeutic groups other than analgesics and antibiotics. The firms, having a minimum annual turnover of Rs. 12 crores (Twelve crores) in each of the last three years will be eligible for participation.
      • iii)   Group-C : Group C covers Medical Consumables & Disposables like Bandages, Gauge Cotton, Cotton, Lab, Regents, Dental Material , Proprietary items & other consumables and disposals The firms, having a minimum annual turnover of Rs. 1 crore (One crore) in each of the last three years will be eligible for participation.
      Documents required: Audited financial statements for last three years in respect of annual turnover. Group turnover will not be considered for determining the eligibility and CA certified copy of the sale tax return.
    • 1.5 NON CONVICTION/ BLACKLISTING:

      Firm should submit a non-conviction certificate issued by the State Drug Controller, to the effect that the manufacturer has not been convicted under the Drugs and Cosmetics Act, 1940 and rules there under during the preceding three years for any of the drug for which he has quoted price and that no case/proceedings is pending against the manufacturer in any court of law in India under the Drugs & Cosmetics Act. Bidders are not eligible to submit the bids for the product/ products for which the firm / company has been blacklisted/debarred by Government of Haryana or by any other State/Central Government organization, during the period of blacklisting/debarring. Documents Required: Affidavit by the firm regarding blacklisting/ debarring and non-conviction certificate.
  • 2. SHELF LIFE:

    • 2.1   The drugs/ consumables should not be older than 1/4th (25%) of its shelf life from the date of manufacture and it should have remaining 3/4th (75%) of its shelf life at the time of delivery.
    • 2.2   In case of vaccines and biologics and imported products the remaining shelf life of 3/5th (60%) or more will be accepted at the time of delivery.
    • 2.3   The bidders should give an undertaking that the firm will replace the unused expired stores with fresh goods. Firm will be informed of near expiry stock 180 days in advance
  • 3. DELIVERY PERIOD:

    • 3.1   Delivery must be completed for entire ordered quantity before the end of 60 days from the date of issue of purchase order at the destinations mentioned in the purchase order, if the above day happened to be a holiday for Haryana, the supply should be completed on the next working day.
    • 3.2   For drug items requiring sterility test, the delivery period will be 75 days from the date of issue of purchase order at the destinations mentioned in the purchase order, if the above day happened to be a holiday for Haryana, the supply should be completed on the next working day.
    • 3.3   DELAYED SUPPLY: Delayed supply will be supply of goods after the designated delivery period i.e. 60th/75th (as described above) up to 75th days respectively. During this time period, supply will be accepted at HMSCL with liquidated damages described below. No supply will be accepted beyond this period
    • 3.4   FULL SUPPLY: Any supply more than 90% would be considered as full supply by 75th, 90th 9U days. However payment with respect to actual quantity supplied would be made. No penalty would be levied on the remaining supply till 75th/90th day and no risk purchase will be done.
    • 3.5   PART SUPPLY: Supply between 60 to 90% ordered quantity of goods by 75th 9 days will be considered as Part Supply and payment of delivered amount of goods will be done after levying liquidative damages on delayed supply and 20% penalty on non supplied quantities on 75th/90th day. Purchase will be done from approved source as per drug policy or Local Market at risk and cost of the firm.
    • 3.6   NON SUPPLY: Supply of less than 60% of ordered quantity by the 75th190th days of delivery period will be considered as non supply. Penalty of 20% of unexecuted ordered value along with risk purchase from approved source as per drug policy or local market at risk and cost of the firm. In case of Non supply, the item which has been received would be used by the HMSCL without making any payment to the supplier.
  • 4.  PHARMACOPOEL SPECIFICATIONS: IP/BP/USP etc. should be clearly mentioned against each drug/constituent of the formulation quoted as per the provisions of Drugs and Cosmetics act, wherever applicable.

  • 5.  LABELLING, MARKING AND PACKAGING: Labelling, marking and packaging conditions will be specified at the time of tendering for individual items.

  • 6.  BAR CODING: Firms should adhere to the BSI bar coding system on the outer most packing.

  • 7. QUALITY TESTING:

    • 7.1  The supplies should be accompanied with in-house test report. After the receipt of the consignment, the department will draw a sample out of each batch and will send it for testing at one of the Govt. approved testing laboratories empanelled with HMSCL. In case of vaccines, biological, sera, blood products, these are tested by Government Laboratories before release so regular testing is not required if the product is accompanied by test result of a Government Laboratory. However random sampling will be done from to time.
    • 7.2  Along with regular, random testing of drugs will be undertaken from Govt./Govt. approved laboratories empanelled with HMSCL at the time of supply and at any time during the shelf life or when ever any defect is noticed.
    • 7.3  The firms will be charged 1.5% of the amount of purchase order as testing charges per batch and same will be deductable at the time of payment. In case of firm completing the full supplies within 30 days there will be reduction in testing charges by 0.5%.
    • 7.4  If the sample/samples is/are found Not of Standard Quality the consignment shall be rejected.
    • 7.5  All rejected stores shall in any event remain and will always be at the risk of the firm immediately on such rejection. The rejected stock should be picked up by the firm within 30 days and replacement supplies be made within 60/75 days from the date of intimation to the firm as mention in clause 3.1 and 3.2(Delivery Period). If the firm fails to pick up the rejected stock within 30 days the Department/ HMSCL reserves the right to destroy the stock of its own.
    • 7.6  HMSCL reserves the right for inspection of the pharmaceutical firm participating in the tenders anytime by officers appointed by the Managing Director. They can carry out inspection for assessing the capacity/capability/eligibility of the firm to make supplies and to ensure that good manufacturing practices are being followed by manufacturer. The decision of the Managing Director shall be final in this regard. It is also open to the department/HMSCL to send persons to inspect stores and draw samples before dispatch of the consignment.
  • 8. LIQUIDATED DAMAGES AND OTHER PENALTIES:

    • 8.1  DELAYED/ NON-SUPPLY:

    • For items not requiring sterility testing, penalty will be charged at the rate of 0.5% per day of the unexecuted order after 60 days till 75th day. After 75th day, the order shall stand cancelled automatically after levying penalty @20% on the value of unexecuted order and such penalty is recoverable from any amount payable to the supplier. Similarly for items requiring sterility testing, penalty will be charged at the rate of 0.5% per day of the unexecuted order after 75 days till 90th day. After 90th day, the order shall stand cancelled automatically after levying penalty @20% on the value of unexecuted order and such penalty is recoverable from any amount payable to the supplier. For more than two instances of non-supply the RC will be cancelled and firm will be debarred for three years to participate in tendering process for all products.
    • 8.2   QUALITY FAILURE:

    • If any store/stores supplied against this Rate Contract are found to be Not of Standard Quality (NSQ) on test analysis from Government or Government approved laboratory empanelled with HMSCL and / or on inspection by competent authority, the firm will be liable to replace the entire quantity of failed batch irrespective of fact that part or whole of the supplied stores may have been consumed the department/HMSCL would have all the rights deduct the amount from any of the past or present liability. For more than two instances of quality failure the RC will be cancelled and firm will be debarred for three years to participate in tendering process for that particular item. If more than three products of a firm are debarred/ blacklisted, the firm will not be eligible to participate in the tendering process of Haryana for next three years for any item.

      In case of immunological agents, firms are debarred to participate in the tender for five years, for that particular immunological agent if there is a batch failure/substandard report from any authorized testing laboratory. Five years would be counted from the date of such report.

      If the firm fails to replace the batch declared to be Not of Standard Quality, the department/HMSCL will be at liberty to risk purchase from any approved source as per drug policy or local market at risk and cost of the firm.

      If the firm fails to replace the batch declared to be Not of Standard Quality on two instances, the firm will be debarred for three years to participate in tendering process for that particular time

    • 8.3 NONPERFORMANCE OF CONTRACT PROVISIONS:

    • Non-performance of contract provisions, purchase orders on three occasions will disqualify a firm to participate in the tender for a period of 3 (three) years and its security deposit will be forfeited and no further purchase order will be given to that firm for that item.
  • 9. FALL CLAUSE:

    If at any time during the execution of the contract the controlled price becomes lower or the contract reduces the sale price or sells or offer to sell such stores as are covered under the contract, to any person organization including the purchaser or any department of Central Government/State Government at a price lower than the price chargeable under the Contract, he shall forthwith notify such reduction or sale or offer of sale to the purchaser and the price payable under the contract for the store supplied after the date of coming into force of such reduction or sale or offer of sale shall stand correspondingly reduced. A undertaking to this effect must be submitted along with tender.

  • 10. OTHER RATE CONTRACT CONDITIONS:

    • 10.1  Validity of the Rate Contract is two years from the date of finalization of the contract, but in case of exigencies, period can be extended further by mutual consent of both parties up to a maximum of 12 months during which new RC would be done and in case the RC is finalized within 12 months extension period, the new RC would over-ride the extended RC which would lapse.
    • 10.2  Till the tendering process is not initiated by the HMSCL on its own, the process of risk purchase, debarring, blacklisting along with the penal clause will be handled by HMSCL on its own.
    • 10.3  Furnishing of wrong information and false documents will make the firm ineligible and liable to be debarred/ blacklisted from participation.
    • 10.4  In case any document submitted by the bidder or his authorized representative is found to be forged, false or fabricated, the bid will be rejected and Bid Security Deposit /Performance Security will be forfeited. Bidder/his representative may also be blacklisted/banned/debarred. Report with police station may also be filed against such bidder/his representative.
    • 10.5  Undertaking by the firm that it would own responsibility of any damage arising because delay in supply, non-supply or supply of poor quality of drugs.
    • 10.6  No facility regarding import license for raw materials etc can be given. 10.7  In all supplies which are branded with the Haryana Govt. supply mark including rejected stocks it would be a condition that such supplies will not be sold to the general public.
    • 10.8  The supply is for seven existing warehouses in Haryana state that is Ambala, Bhiwani, Gurgaon, Kaithal, Karnal, Hisar, Rohtak and two proposed warehouses at Sonepat and Faridabad or any other place in State of Haryana in extra ordinary conditions.
    • 10.9  The HMSCL will not pay separately for transit insurance and the firm will be responsible for delivery of items covered by the supply order in good condition.
    • 10.10  EMD will be Rs. 50,000 for each item up to a maximum of Rs. 2, 00,000
    • 10.11  Performance security will be 10% of the estimated purchases to be made in two years however reserve suppliers of critical items need not deposit performance security.
    • 10.12  in case of any eventuality where risk purchase has to be done, The Department/HMSCL shall be at liability to procure the drugs from any of the approved resources as per drug policy (CPSU, PGIMS, GMCH sector 32, PGIMER, ESI RC or any other state RC) or by open market at the risk and expenses of the firm and the firm shall upon demand paid to the department all such extra charges and expenses as may be incurred or sustained in procuring and testing the same, and same can be deducted against any pending payment/ performance bank guarantee (PBG).
    • 10.13  EXPIRY POLICY: Due diligence should be there at the time of ordering state so that there is no expiry however some lifesaving drugs like adrenaline, anti-snake venom, streptokinase etc should be kept at the facilities at all the times even at the cost of expiry. There should be no drug in the warehouse whose quantity lying in the warehouse is more than the 12 month Average Monthly Consumption (AMC). The time lines of quality testing should be strictly followed. For drugs/ consumables lying in the warehouse the supplier should be intimated six months before expiry and supplier is bound to replace the said drug after expiry. Also in this regard if the supplier does not replace the drug the cost of said drug will be recovered from the deposits of the supplier and drug will be destroyed by warehouse manager after permission from MD, HMSCL as per biomedical waste disposal norms.
  • 11. ARBITRATION:

    In case of any dispute, the same will be referred to the Arbitrator, the ACS/Principal Secretary (Health) to the Government of Haryana whose decision shall be final and binding on both the parties. Subject as aforesaid, the provision of the Arbitration & Conciliation Act, 1966 shall apply to all proceedings of this Act.
  • 12. INDEMNITY:

    The Managing Director HMSCL, all employees of HMSCL shall remain at all times fully indemnified and the supplier shall keep every concerned Department duly indemnified against any chemical analysis or statutory inspections/check during the shelf life of the items supplied. It is made clear that no suit, prosecutions or any legal proceedings shall lie against the Managing Director, HMSCL or any other officer/official of the State Govt. / Corporation for anything that is done in good faith or intended to be done in pursuance of the tender.
  • 13. AREA OF JURISDICTION:

    All disputes concerning this tender shall be subject to the Civil jurisdiction of Municipal Limits of Panchkula (Haryana) where the registered office of the HMSCL is located.
  • 14. FORCE MAJEURE:

    The terms and conditions hereof shall not be applicable in case of Force Majeure. Neither Haryana Medical Service Corporation Limited nor the supplier shall be considered in default in the performance of their respective obligations herein above if such performance is prevented or delayed because of act of GOD, natural calamities, War, Flood, Hostilities, Revolution, Civil Commotion, Strike, Epidemic, Accident or Fire, or because of Law & Order Proclamation, Regulation or Ordinance of any Govt. of any Subdivision thereof or Local Authority. The bidder shall be entitled to the benefit of this clause only if he informs in writing of the circumstances amounting to Force Majeure to Haryana Medical Services Corporation Limited (HMSCL) for each consignment/dispatch separately within 72 hours of the happening thereof by fax/e-mail immediately, followed by a confirmatory letter sent by Registered Post with acknowledgement due. In the event of the approved bidder, pleading any ground as constituting force majeure and it does not fall in the specified categories of Force Majeure then the bidder shall not be entitled to plead the same and or claim any relief under this clause.
  • 15. PAYMENT PROCESS:

    Payment process will be initiated after the receipt of the goods in the warehouse on the basis of in-house test report provided by the firm along with the supply. Payment will be made within 30 days of test report by empanelled laboratory of HMSCL.