Invitation for registration of vendors i.e. Firms/Distributors/Chemist shops for supply of Medicines (including Narcotics) under retail purchase to Northern Railway Divisional Hospital, Charbagh, Luc…

• EARNEST MONEY 3.1 Tenderers are required to deposit Earnest Money equivalent to the amount mentioned in the tender document. Tenderers not submitting Earnest Money should clearly indicate in their offer the reasons for the same, and failure to do so will be taken as unwillingness on their part to deposit the Earnest Money and such offers without requisite Earnest Money will be summarily rejected. Tenderer not falling in the exempted categories as mentioned in the subsequent Para shall submit the Earnest Money only through Payment Gateway Facility on the IREPS Portal in favor of Sr. DFM/NR/LUCKNOW, Earnest Money shall be accepted only via the online system as available on IREPS portal. No other mode of the submission of Earnest Money is acceptable except in case of Global Tenders.

  Document required

• EMD Exemption -There shall be no exemption from Submission of Earnest Money for any tender or by any tenderer except following.

  Document required

• Single Tender and Global Limited Tender) of value limit up to Rs. 25 (Twenty-five) Lakh.

  Document required

• registered with agencies mentioned at Para 2.4. (i).

  Document required

• Departments.

  Document required

• Indian Ordinance Factories.

  Document required

• Railways and PSUs for the group of items that are manufactured by them.

  Document required

• Railways for the trade group of the item tendered.

  Document required

• vendor list of RDSO/Pus/CORE, subject to approval status being valid on the date of tender closing.

  Document required

• Board/Northern Railways for supply of medicine, medical equipment's and consumables shall be exempted from submission of EMD for these items.

  Document required

• in whose favor PAC has been issued shall be exempted from submitting EMD. KVIC shall be exempted from EMD for items supplied by them. (NB: If authorized agent participates on behalf of OEM/Vendors appearing on the approved vendor list of RDSO/Pus/CORE, such authorized agent can't claim EMD exemption based on its own or its OEM/Approved vendors MSE certificate).

  Document required

• Tenderers falling under any of the above listed exempted categories and claiming exemption will have to follow all of the following steps to avail the exemption from submission of Earnest Money: relevant tender using the links

  1. quick search or
  2. advance search provided in their home page after logging into the IREPS system using their valid Username, Password & Digital Signature. On retrieving the tender details, they shall click on the Submit Payment Details icon under Actions column to access the Submit Payment Details Page. The tenderers shall then choose the appropriate exemption category available under Submit EMD link on the Submit Payment details page. The tenderer shall thereafter digitally sign and submit the details by clicking the Sign & Submit button available on the page. Tenderers may please note that "Submit EMD' link becomes available only after the tenderer has submitted tender document cost (or has chosen the exemption category for tender document cost, if applicable).
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• scanned copy of requisite document viz. the current and valid registration certificate issued by any of the authorities detailed at Para 2.4.1 ITT_Rev_1.21_APRIL_2024 (i) above in support of their MSE status. (NB: In two Packet Bidding System, such document must be uploaded at the time of Techno-Commercial bid).

  Document required

• vendors, exempted from submitting EMD, as per Para 3.3 above, irrespective of the type of tender, i.e., Single, Limited or Open, shall be required to sign a Bid Securing Declaration as per proforma available on bidders' interface for payment of EMD on IREPS Portal.

  Document required

• Security Deposit -The successful bidder should give performance security amounting to 3% of the estimated value of work.A performance security shall be submitted by FDR/DD in favor of Sr. DFM/NR/Lucknow the successful vendor/firm after the letter of acceptance has been issued but before signing of the agreement.

  Document required

• Please enter the percentage of local content in the material being offered. Please enter 0 for fully imported items, and 100 for fully indigenous items. The definition and calculation of local content shall be in accordance with the Make in India policy as incorporated in the tender conditions.

  Document optional

Technical-Compliances

• service levels : -

  Document optional

• Services should be available 24x7. Firm / vendor should be able to supply the above items 24x7 at Northern Railway Divisional Hospital, Charbagh Lucknow - 226005 i.e. round the clock when asked for.

  Document optional

• Items shall be supplied on the same day preferably before the closure of OPD, if the indent has been placed at least 4 hours before closure of the OPD.

  Document optional

• In cases of life saving emergencies, vendor should be able to supply the item on a short notice preferably within one/two hour of being intimated on phone/ WhatsApp / message or fax etc. as decided.

  Document optional

• Different time limits can be set for different medicines as per local requirements. Timely supply against the supply order along with full quantity and quality/brand etc. as asked shall be the essence of the contract.

  Document optional

• The vendor or his representative shall always be contactable/approachable over phone on all the days.

  Document optional

• Facilities -

  Document required

• The firm /Vendor should be located within the city limits of Lucknow Address proof: - Address given in the drug license will be accepted as the address of the firm. This address should be corroborated by at least one of the following three documents:

  1. Electricity bill
  2. telephone bill
  3. GST registration certificate.
  Document required

• The firm should be able to supply the medicines and consumables at Northern Railway Divisional Hospital Charbagh Lucknow 226005.

  Document required

• It Should follow statutory laws as laid down by central/state government authority for running the facility.

  Document required

• The firm should have proper storage facilities, maintenance of stocks, cold chain supply system and adequate qualified manpower.

  Document required

• Legal/statutory requirements - Normal

  Document required

• The firm/ vendor should have valid drug license for storage and supply of drugs as stipulated by the local authority of the concerned state government. Also, valid license/ legal/local formalities for establishment as well as manpower. The firm/vendor must hold a valid drug license issued by the Drug Controller Authority of Uttar Pradesh for running a Chemist Shop on the date of submission of form and also ensure that their license remains valid till the end of the contract period. They should also preferably have a valid Narcotics License to be able to supply narcotic Drugs and ensure that their license remains valid till the end of the contract period. The firm/vendor must not have been convicted by State Drug Authorities, and no case should be pending under the Drug and Cosmetics Act and Rule against him. The firms/vendors who apply for registration/renewal should submit an affidavit stating that there is no conviction/ case pending against them, under the Drug and Cosmetic Act and rules by the State Drug Controller authority. The firm/vendor must also submit an affidavit stating that the firm/vendor is not blacklisted/ prematurely terminated and that there is no punitive action by any Railway. /State Government or other govt. organization. (The prescribed format for affidavit is attached in ANNEXURE 1) If the same as provided is found wrong, the firm/vendor can be delisted for 3 years all over Indian Railway.

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• It should have the valid documents as laid down by Local, State and Central Government agencies or other government bodies from time to time.

  Document required

• GST registration details -The photocopy of the valid GST registrationcertificate should be submitted by the firm.

  Document required

• Any other statutory/legal requirement.

  Document required

• Signing of the Application Form -

• Proprietorship Firm - the proprietor should sign the application form.

• Partnership Firm - The application form should be signed by all the partners. Partnership deed must be submitted along with the application.

• Limited concerns - The application form should be signed by authorized signatory of the firm

• Ownership Documents - All firms should produce documentary evidence for Ownership of their Shops/Go downs. In case of Authorized Stockiest/retail shops, running business on rented premises, copy of valid rental agreement must be submitted along with the application.

• The registration on the approved list does not guarantee award of any contract.

• Registration process and procurement policy shall be guided as per instructions issued by Railway authorities. Any change in order can be done by CMS/NR/LKO.

• The procurement will be governed under the guidelines of New Drug Procurement Policy for Railway Hospitals/Health units, etc. vide Railway Board's Letter no 2017/H/4/1/Local purchase (E3236404) dated31.07.2023

• I.R.S. Condition of Contract: - Firm/vendor will have to abide by the I.R.S. Conditions of Contract and rules and regulations issued by the Railways from time to time. All registered firms/vendors are expected to maintain absolute integrity, follow a decent standard of business ethics and do-nothing unbecoming of a registered supplier. The contract shall be governed by the latest version (along with all correction slips) of Reconditions of contract and all other terms and conditions incorporated in the tender document.

Special Conditions

• Termination of Rate Contract - Railway reserves the right to terminate rate contract any time without assigning any reason to vendor. However competent authority (of the level of Tender Accepting Authority) shall give speaking orders with reasons to be recorded for such actions. The Contract may be terminated by Administration by giving thirty-day notice.

• The purchaser shall have the right to ask the vendor to show the purchase bill for the medicine/other items to ensure genuineness of the items being supplied.

• Railway reserves the right to send the drugs etc. supplied in L.P. to be tested by Govt. and other approved testing laboratories. In case any of the samples is found Sub-standard, Railway reserves the right to cancel the agreement and to de-list the firm/vendor for any supplies and to inform Drug Controller of India for any suitable action/penal action.

• Ordinarily the Supplies shall be of recent manufacturing and expiry date shall not be less than six months from the date of supply.

• The offer of given discount on MRP will be valid for the entire period of validity of rate contract including the extended period if any.

• Vendor shall indemnify the Railway administration for any loss or liabilities arising due to defective/sub-standard supplies by the vendor.

• Packaging and Delivery requirements : Standard packaging norms based upon the Medicines requirements shall be followed as per extant practice. Delivery shall be made by the supplier in accordance with the Local requirements.

• Process of entering into rate contract and evaluation of bid. : .

• Mode of tendering shall be single stage single packet system with Open tender, through e tender on IREPS.

• For evaluation of the bids received there shall be tender evaluation committee consisting of three officers one each from Medical, Stores and Finance department. Comparative charts of the financial bids for each of the categories in terms of discounts offered by vendors (vendor offering maximum discount beingL-1), shall be prepared and vetted by accounts. Vetting is not required in tender is e tender on IREPS and tabulation is system generated. In that case system as followed for e-tenders shall be followed.

• Reasonability of the discounts offered by vendors shall be assessed while deciding the tender.

• To avoid failure of supply in hospital, as per the need, Rate contract maybe entered with more than one vendor for local purchase as per need. Decision in this regard shall be taken by hospital In Charge i.e. CMS (for Divisional Hospitals). Quantity to be ordered against rate contracts shall be graded in relation to discounts offered by vendors i.e. L1 will get the maximum supply orders. In case of two vendors distribution of orders value wise should be in the ratio of 70:30 on monthly basis. Suitable methodology may be adopted. In case of three vendors distribution of orders (value wise) should be in the ratio of 60:25:15 on monthly basis. Suitable mechanism may be worked out to implement this. As LP order varies as per daily requirement the frequency of order will be in the ratio of 70:30 in case of 2 vendors and 60:25:15 in case of 3 vendors as it is not possible to predict the value of items in advance. While deciding the tender the distribution should be followed as far as possible.

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• Vendors offering maximum discount on MRP shall be considered for rate contract, individually for each category- branded medicines and generic If rate contract is to be entered with more than one vendor, discount offered by L1 should be counter- offered toother selected suitable higher bidders i.e. L2, L3 (as applicable) for acceptance. The bidders accepting the counteroffers shall be finalized for placement of rate contract as per the predefined distribution. (The ratio will remain the same to give the advantage to the one whose offer was L-1)

• The tender committee shall evaluate the bids received for eligibility, techno commercial suitability and financial suitability of the bids after evaluation/scrutiny of records specified in Annexure - 1.and give its recommendations to the Tender Accepting Authority for its consideration through convener of the committee. Rate contracts shall be placed as per the acceptance of the Accepting Authority. Inspection of Bidder premises: - : After opening the Bid who are found suitable/eligible, the premises of such vendors will be inspected by a team nominated by the competent authority. The following note be conducted. A. Physical verification of the premise/shop will be done.

  2. Verification of original documents submitted in Technical Bid.
  3. Verification of all physical amenities including cold chain maintenance, power backup, Adequate qualified manpower etc. Availability of adequate stock of Medicines and financial viability etc. Note: - In case the team is not satisfied with the veracity of claim of the bidder, he will be declared ineligible for participation in future process of Empanelment of vendor.
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• operation of rate contract : -

• Supply Order against the rate contracts should be placed on the vendor(s)as per the criteria and periodicity fixed by the hospital in charge i.e. CMS /NRDH/ LUCKNOW based on the requirement and fulfilling the criteria in the tender document/contract. Supply order shall be issued exercising Local purchase powers provided under Medical SOP for Medical department i.e. Rupees 20000 per item per day inclusive of all taxes. (Authority IR MODEL SOP, Medical Matters, Part 'B' item no 7.a)

• Procedure for placing the supply order The representative of the firm/vendor for the particular day nominated as per rotation will visit Northern Railway Divisional Hospital, Lucknow twice a day to collect the Purchase order and deliver the Medicine.

• At NRDH LP module of HMIS is fully implemented, purchase orders (POs), for outdoor patients will be done through HMIS as per laid down procedure. For indoor patients and indoor requirements (pathology, Operation Theatre, Radiology etc.) the manual/HMIS POs will be placed after final approval.

• After final approval, LP pharmacist will place the supply order on the vendors as per the criteria and periodicity policy already decided.

• Timeline for supply should be strictly followed. If a vendor fails to supply as per the supply order placed, as per contract Conditions of rate contract, that particular item shall be procured from the next vendor due for the next supply order as per the criteria and periodicity policy already decided placement of supply orders and the failure will be recorded in performance register against the defaulting vendor.

• If this arrangement fails and there is extreme urgency, hospital in charge i.e. CMS (for Divisional Hospitals) can permit purchase from the open market.

• The firm/vendor will replace these items if found unsatisfactory free of cost including the amount of supply that has been consumed. If at any time it comes to the notice that the price of the item supplied is higher than the local market, the difference will be recovered from the bill.

• Poor performance of the defaulting vendor shall be recorded. Any extra expenditure incurred in arranging the required items due to default of the vendor in supply shall be recovered from the defaulting vendor.

• Process of Receipt, Accountal, Payment, issue and other related items under local purchase : -

• Medicines and other items should be supplied by the same quality/ branded as mentioned in the supply order. No alternate or substitute will be accepted. However, in case there is no option, the indenting officer will obtain permission from hospital in charge i.e. CMS / NR/ Lucknow for accepting any alternative medicine or item in consultation with the treating doctor. Wherever possible, Receipt register will be maintained by the store pharmacist on UDM, and all items received should be entered into UDM Software. Details of each receipt shall be entered in the receipt register and sign of the vendor or its authorized representative while making deliveries shall be taken (with date and time along with his personal identity details) on the receipt register. Store pharmacist concerned taking the deliveries shall also sign the register against each delivery. Acknowledgement of the receipt of the items shall be given to vendor after entry in the register and signature of Store pharmacist concerned and vendor or his authorized representative.

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• Entries in the register shall be maintained neatly and properly and would be final and shall not be put to question in any dispute (including before any arbitrator/ court).

• Receipt register shall also keep record of the value of supplies with discounts as per the contract and total value of the supplies received from vendor. Receipt register shall also be maintained in UDM, wherever UDM is integrated with HMIS.

• Performance register will Be maintained by the store pharmacist concerned and shall be countersigned by a medical officer (doctor in-charge of store at that unit). It will have record of all - Failures in supply, delay in supplies, failure related to right quantity/quality/brand as asked for etc.

• Bill should be verified by Pharmacist in charge of local purchase and by the doctor looking after the medical stores before same is submitted to the bill passing authority i.e. - hospital in charge i.e. CMS / NR/Lucknow

• Payment should be online directly to the vendor's bank account on receipt of bills in triplicate along with challan copies on Monthly basis. The billing system should not be discontinued if payment is delayed in extraordinary circumstances due to system handicap or financial crunch for some time. All care shall be taken to ensure that bills are cleared within a reasonable period of time to be decided in consultation with Associate Finance. Disputes : -In case of any dispute arising out of the contract before going to Arbitration the Principal Chief Medical Director, Northern Railway will be the competent authority to decide the disputed issue. All disputes are subject to Lucknow High Court or its subordinate courts only.

• Arbitration -

• In the event of any question, dispute or difference arising under these conditions or any special conditions of contractor in connection with this contract (except as to any matters the decision of which is specially provided for or the special condition) the same shall be referred to the sole arbitration of a Gazetted Railway Officer appointed to be the arbitrator, by the General Manager Northern Railway, New Delhi.

• The Gazetted officer's appointment as arbitrator will not be those who had an opportunity to deal with the matter to which the tender/contract relates or who in the course of their duties as Railway Servants, have expressed their views on all or any one will be final and binding on the parties to this contract subject to the aforesaid, the arbitration and Conciliation Act, 1996and to the rules made there under, any Statuary modification thereof, for the time being in force, will be deemed to apply to the arbitration proceedings, under this clause

• In the event of the arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason, it shall be lawful for the authority appointing the arbitrator to appoint another arbitrator in place of the outgoing arbitrator in manner aforesaid.

• It is further a term of this contract that no person other than the person appointed by authority as aforesaid should act as arbitrator and that if for any reason that is not possible, the matter is not be referred to arbitration at all.

• The Arbitrator may from time to time with the consent of all the parties of the contract enlarges the time for making the award.

• Upon every and any such reference, the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator. The venue of the arbitration shall be the place where the acceptance letter is issued or such other place as the arbitrator at his discretion may determine.

• In this clause the authority, to appoint the arbitrator includes, if there be no such authority, the officer who is for the time being discharging the functions of that authority, whether in addition to other functions or otherwise

• The contract shall be liable under PFA Act and weight & measurement Act.

• made to the agreement with the mutual consent of both the parties.

• will indemnify the Railway Administration for any loss or liabilities arising due to defective/ Sub-standard items supplied by Firm/vendor.

• right to impose a fine of rupees five hundred/day for late delivery of Medicines beyond the statuary period of four hours.

• High Court or its subordinate courts only.

• Administration by giving thirty days 'notice.