MEDICINES AND SURGICAL

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 25% of the contracted quantity during the currency of the contract at the contracted rates. The delivery period of quantity shall commence from the last date of original delivery order and in cases where option clause is exercised during the extended delivery period the additional time shall commence from the last date of extended delivery period. The additional delivery time shall be (Increased quantity ÷ Original quantity) × Original delivery period (in days), subject to minimum of 30 days. If the original delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser may extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.

Buyer Added text based ATC clauses GeM TENDER NOTICE Supply of Medicine,Surgical & Consumable Items GeM tender terms and conditions relating to the purchase of medicines Surgical & Consumable (Following Minimu m Requirements) (Note: Before filling this document, kindly read the terms & conditions carefully.)

• (A)– TECHNICAL ENVELOPE NUMBER – 01 The terms and conditions governing the mandatory documents to be submitted in Technical Envelope No. 1 of the e-tender sha ll be as follows:
• 1.The tenderer must be a manufacturer; if the tenderer is an authorised supplier, the manufacturer’s authorisation letter mu st be attached to the tender. It shall also be mandatory to submit the original authorisation letter to the office within four days after the closing of the tender.
• 2.Authorised suppliers must attach a valid registration certificate issued by the Food and Drug Administration Department (G overnment of Maharashtra). Alternatively, if the tenderer is a manufacturer, a valid certificate of the manufacturer shall be necessary.
• 3.ISO 13485 / ISI Mark / WHO-GMP / BIS / CE / CDSCO certificate of the manufacturing company for the medicines mentioned in the tender, as applicable.
• 4.As per Government guidelines – For Consumables: ISO 13485, ISO 17025, ISO 45001, ISO 14001.
• 5.The above items shall be mandatory.
• 6.The tendering firm must attach an experience certificate / proof (supply challan) of having made supplies to Government i nstitutions.
• 7.The annual turnover for each of the last three financial years must be Rs. 150.00 lakh. Further, to be eligible, a certificate o f a Chartered Accountant bearing the UDIN shall be necessary.
• 8.A photocopy of the PAN card and the GST registration certificate must be attached, duly signed.
• 9.The latest GSTR payment receipt must be attached.
• 10.It shall be mandatory to furnish a notarised affidavit on stamp paper of Rs. 500/- stating that the name of the tenderer do es not appear on the Black List of any Government, governmental or semi-governmental institution, and that no offence of any kind has been registered against the tenderer or the manufacturer.
• 11.Income tax returns for the three financial years 2023-24 , 2024-25 & 2025-26 must be attached.
• 12.A photocopy of the tender fee payment receipt must be attached to the tender. The tender fee shall be non-refundable. P ayment of the tender fee is mandatory.
• 13.A photocopy of the payment of the Earnest Money Deposit (EMD) must be attached. If an exemption is available as per t he guidelines in the Government Resolution dated 01/12/2016 of the Industries and Energy Department, the necessary documents in that regard must be attached to the tender; otherwise no exemption from EMD will be granted.
• 14.No exemption whatsoever will be granted in respect of the tender fee and its payment is compulsory. This fee must be deposited online, or by demand draft in case of technical difficulty, before the closing of the tender, and it is mandatory to upload the scanned receipt in ATC-1. If a tenderer fails to pay this fee, the tender will not be considered and the tend erer will be declared ineligible. Further, such a tenderer will not be evaluated for any subsequent round, and no commu nication / correspondence of any kind in this regard will be considered.
• 15.As mentioned in the tender, the Earnest Money Deposit (EMD) and the tender fee shall be paid online or, in case of techni cal difficulty, by demand draft into the account of the Chief Accounts and Finance Officer, Zilla Parishad Thane (Bank of Maharashtra), District Fund Account Number 60374858603, IFSC Code MAHB0000022.
• 16.As per Chapter 04, point number 4.6 (d) of the Government Resolution dated 01/12/2016 of the Industries, Energy and La bour Department, Government of Maharashtra, micro and small enterprises registered as manufacturers under the Micr o, Small and Medium Enterprises Development Act, 2006 are granted exemption from payment of the Earnest Money De posit (EMD). However, it shall be mandatory to submit the relevant registration certificate (MSME). Payment of the tende r fee shall nevertheless remain mandatory.
• 17.It is mandatory for the tenderer to quote rates for every medicine / item in the tender. Merely quoting rates is not sufficie nt – the relevant required documents are compulsory. It is mandatory for the tenderer to furnish a certificate in this rega rd. Specimen enclosed at Annexure-6.
• 18.While quoting rates in the tender for the medicines / items available with the tenderer, the names of the manufacturing c ompanies whose rates have been quoted for the medicines / items must be stated in the list contained in the accompan ying Annexure-5.
• 19.In order to make available quality and superior medicines / materials, and in accordance with the technical specifications contained in the tender, one sample each of the manufacturer whose rates have been quoted in the tender must be sub mitted during office hours within Bid duration from the publication of the tender and before the closing of the Bid (e-ten der). A copy bearing the signature of the concerned officer thereon must be uploaded while participating in the tender; o therwise the tender will not be accepted in the technical envelope.
• 20.The medicines / materials sample shall be deposited at the Main Drug Store, Health Department, near the Sales Tax Offic e, Collector Office Compound, Court Naka, Thane (West).
• 21.The office shall reserve the right to accept or reject this GeM tender without assigning any reason.
• (B)– COMMERCIAL ENVELOPE NUMBER – 02 As per Government Resolution dated 01/12/2016 If a complaint is to be made in respect of the tender after the expiry of the pe rmissible tender period, or within 5 days from the date of receipt of the decision, a demand draft of Rs. 50,000/- in the name of the Chief Accounts and Finance Officer, Zilla Parishad Thane, must be deposited as a fee along with the complaint application. If the complainant’s contention is found to be true, the fee will be refunded; otherwise the said fee will be forfeited. The subject matter of the said complaint, together with the facts, will be placed before the meeting of the Purchase Committee. No interest whatsoever will be paid on the said deposited amount. No complaint received after the opening of the financial envelope will be entertained. Only the tender with the rates quoted must be submitted in the BOQ itself, as shown in the online e-tender procedure. DETAILS OF THE TERMS AND CONDITIONS OF THE TENDER
• 1.The mandatory documents to be submitted by the tenderer in the e-tender must be submitted online in Envelope No. 1 (T echnical Envelope No. 1) of the e-tender only.
• 2.The rates of the medicines / materials must be submitted online in the BOQ in Financial Envelope No. 2 (Rate Envelope) of the e-tender. Tenderers must quote as per the per-unit quantity given in the BOQ of the rate envelope. While quoting rat es, the price must be stated inclusive of the basic price as well as transport charges, laboratory testing charges, etc. (Ra tes quoted must be inclusive of all taxes.)
• 3.If the I.P. Address of tenderers is found to be identical, the tender will be cancelled.
• 4.For items required after supply, the L1 tenderer shall be bound to pay for testing charges of 1.5 per cent of the supply ord er amount (purchase value) towards the cost of re-testing of the medicine / material through a laboratory holding NABL LAB approval from the Food and Drug Administration Department; alternatively, other wise the amount will be recovered from the supply bill.( if Applicable )
• 5.The supply of medicines / materials shall primarily be made at the Health Department, Drug Store, beside the Sales Tax O ffice, Gate No. 4, Court Naka, Station Road, Thane (West); or, in the absence of space, the place of supply will be changed as required for convenience.
• 6.Apart from the documents indicated above, no other unnecessary documents should be included.
• 7.In this e-tender, the rates of medicines / materials are being fixed taking into account the annual demand, and rates have been invited for one medicine / material item. However, the materials in the tender will be purchased as required, in acc ordance with the annual demand of the health institutions and the availability of grants. This office shall not be bound to purchase the quantity of all the medicines / materials for which rates have been invited. However, subject to the technic al approval of the Directorate of Health Services in respect of the purchase, and subject to the grants available as per th e guidelines issued by the Government from time to time, the office has reserved the right to increase or decrease, as re quired, the quantity of the medicines / materials given in the tender. The quantity will be changed accordingly.
• 8.In the e-tender, the lowest rates (L1) will be fixed item-wise for the medicines / materials on GeM. If the lowest rates of tw o tenderers for a particular medicine / material are identical, the purchase quantity will be divided equally while issuing the supply order.
• 9.The rate-fixation period of this GeM e-tender shall be one year from the approval of the financial envelope, and the rates s hall remain approved for that period.
• 10.As mentioned in the e-tender, the Earnest Money Deposit (EMD) of Rs. 3,15,000/- and the tender fee of Rs. 24,780/- shall be paid online into the linked account or, in case of technical difficulty, by demand draft.
• 11.As per Government rules, after the tender is approved, the supplier quoting the lowest rates shall have to execute an agr eement on stamp paper under Section 34 of the Stamp Duty Act, 1958, confirming unconditional acceptance of the term s and conditions of the tender as well as the terms and conditions of the supply order. Only thereafter shall the rates be deemed to have been finally accepted, and the supply order will be issued thereafter.
• 12.If any complaint is made regarding the quality of the medicines / materials supplied, or if they are found to be of substan dard or non-standard quality, they shall have to be taken back at the supplier’s own cost, and it shall be mandatory to su pply fresh goods within 15 days at the supplier’s own cost. Otherwise, a penalty at the rate of 0.5% per week of the supp ly amount will be levied, and the said penalty will be recovered from the security deposit amount.
• 13.At the time of supply of the medicine / material, “Govt supply, Not for sale” should be printed or stamped on each box / u nit pack.
• 14.No advance of any kind will be given to the supplier. Payment of the bill will be made after the supply of the medicine / material, as per the terms and conditions of the tender.
• 15.If at any time the supplier’s bill remains pending owing to lack of grants, the supplier shall not be permitted to stop the s upply of goods.
• 16.If supply is not made within the prescribed period as mentioned in the supply order, then, as per the Purchase Manual Ru les of the Industries and Energy Department dated 01/12/2016: if the amount of the medicines / materials not supplied i s Rs. 2,00,000/- or less, a penalty of 0.5% per week of the said price, subject to a maximum of 10%, will be levied; and if the amount of the goods not supplied exceeds Rs. 2,00,000/-, a penalty of 0.5% per week of the said price, subject to a maximum of 5%, will be levied. The amount of the said penalty will be deducted from the original bill.
• 17.If there is a delay in supplying the material within the prescribed period for unavoidable reasons, it shall be mandatory to inform the department. If the reason for the delay is found to be justified, the Hon. Chief Executive Officer shall have the right to grant exemption from the penalty. If thereafter the medicine is not supplied within the prescribed period, the su pply order will be cancelled and a recommendation will be made for placing the supplier’s name on the Government’s bl ack list.
• 18.Tenderers whose rates are accepted shall, while making supply, strictly comply with the terms and conditions of the e-te nder and shall supply the manufacturer’s product as per the technical specifications given. Please note that if any deviat ion from the specifications is found, the said medicines / materials will be returned.
• 19.If an unsatisfactory situation is found in respect of the supply of medicines / materials, or if any dispute arises, the Hon. C hief Executive Officer, Z.P. Thane, shall have the right to cancel the contract as well as to forfeit the security deposit am ount. If any judicial dispute arises in connection with the supply of the said medicines, the place of jurisdiction shall be T hane.
• 20.The L1 tenderer shall pay a security deposit of 3% of the total supply order amount into the District Fund Account Numbe r of Zilla Parishad Thane as per challan; otherwise the security deposit amount will be deducted from the bill.
• 21.All the terms and conditions in the tender form and in the tender notice shall be binding on the tenderer. Further, the Ho
• n.Chief Executive Officer has reserved the right to accept or reject any or all of the tenders received, in whole or at any stage of the tender process, without assigning any reason; and the person / firm submitting the tender shall not be entit led to seek any explanation regarding rejection of the tender.
• 22.The Hon. Chief Executive Officer has reserved the full right (at any time) to include or omit anything in the terms and con ditions mentioned in the e-tender, or to accept or reject the tender without assigning any reason.
• 23.Please note that no correspondence will be entered into in respect of rejected tenders.
• 24.While quoting rates for the medicines / materials, suppliers must quote in accordance with all the above rules, terms and conditions and as per the per-unit quantity. Requests by e-mail or correspondence stating that rates were quoted in the t ender by oversight will not be considered. Please note that it shall be mandatory to make supply at the lowest rates (L1) fixed as per the material sample.
• 25.The Government Resolutions of the Industries and Energy Department dated 01/12/2016 and dated 24/08/2017, as well a s the guidelines issued by the Government from time to time in respect of all purchases, shall be applicable to this e-ten der.
• 26.If, before the issue of supply orders for the medicines / materials in the tender, the Government decides upon a rate cont ract or to make the purchase at State level, or if there is a change in the Government’s purchase policy, the said purchase will be made in accordance with the Government’s decision.
• 27.After it has been confirmed that all the documents in the technical envelope are complete, the online tender containing t he rates quoted (commercial envelope) will be opened.
• 28.It shall be mandatory for tenderers to furnish, on their letterhead, confirmation that all the terms and conditions in the te nder are acceptable.
• 29.The accompanying specimens at Annexure 1, 2, 3, 4, 5 and 6 and the Mandatory Proforma (Annexure 7) must be filled in by the tenderer and photocopies thereof attached.
• 30.All documents submitted in the tender must be paginated, and it shall be mandatory to mention the page numbers in the Mandatory Proforma. .

Buyer uploaded ATC document Click here to view the file.