Sealed Tender is invited in (single bid) on behalf of the Director, TMC for Rate contract for supplying ¹⁸F-FDG Radiopharmaceutical for Clinical use on door step of Dept. of Nuclear Medicine & Molecular Imaging, Tata Memorial Hospital, Parel, Mumbai 40001 on Rate Contract for the period of 1 year commencing from 1^st August 2016 to 31^st July 2017.

Details of tender are as mentioned below:

The rate shall be inclusive of al taxes, octroi, excise etc. in force and no extra will be paid over and above the quoted rates. If rates are quoted net and M.W.C.T has been shown separately, the same shall be reimbursed on production of proof of payment to the concerned authority.

Income Tax at prevailing rates as may be notified by Ministry of Finance, Government of India will be recovered from the bill(s), certificate for the same will be issued by the Accounts Officer on request. 

Any other taxes shall be deducted from your bills, as made applicable by the Govt. / Statutory authorities from time to time. 

The contractor whose tender is accepted will be required to furnish by way of security deposit for the due fulfillment of his contract, such sum as will amount to 5% of the tendered value of work as security deposit.

Full day/half day supply of 18F-FDG will be supplied by the vendor as per tender specification on prior order by the HOD, Department of Nuclear Medicine and Molecular Imaging.   The supply under this rate contract will be valid till 31^st July 2018.  

The Director, TMC, reserves the right to reject any or all the tenders / quotations or allot part of the work to different agencies without assigning any reason thereto.

TERMS AND CONDITIONS :

1.       The Director, Tata Memorial Centre, Dr. Ernest Borges Marg, Parel, Mumbai 400012 invites sealed tenders for the supply of ¹⁸F-FDG Radiopharmaceutical for Clinical use.

2.       Contractors are requested to sign the Terms & Conditions and special direction to the contractors and submit along with the tender.

3.       Tender should be submitted in single part duly super-scribed as" Tender for “TMH/IMP/2016-17/LT06”, Due Date and E.M.D. Receipt No.” on the envelope..

o   Tender should contain technical bids in complete details, requisite & other relevant documents and original E.M.D Receipt and price bid.

Tenders addressed to the Director, Tata Memorial Centre, Dr. Earnest Borges Marg, Parel, Mumbai  400012 should reach Purchase Department on or before 13/07/2016  up to 2.00 p.m.  and Tenders which are received late will  not be considered.

·         Tender will be opened on 13/07/2016 at 2.30 p.m. onwards in front of those Tenderers who wish to be present.

4.       No tender will be accepted unless the full amount of the Earnest Money Deposit of Rs. 90,000/- (Rs. Ninety Thousand only) is paid. The E.M.D. must be paid in cash or by Demand Draft drawn in favor of Tata Memorial Hospital, payable at Mumbai. Deposit cash or Demand Draft on cash counter, 1^st floor, Homi Bhabha Block, Tata Memorial Hospital, and obtain receipt from cash counter. Original receipt must be enclosed along with the tender document. The EMD Receipt number and date should be mentioned on the envelope The copy money receipt must be kept with the vendor and to be shown at the time of tender submission.

5.       All Micro-Small & Medium Enterprises Units (MSME) including National Small Industries Corporation (NSIC) will be exempted from paying Tender Fee, Earnest Money Deposit (EMD) & Security Deposit as applicable

6.       The tenders are invited only from Vendor/Contractor who shall be capable and entirely responsible for executing the composite entire contract.  The detailed Schedule is indicated in Annexure.

7.       It is responsibility of the tenderer’s to see that the completed bidding documents are deposited in the Tender box kept inside the Purchase Department, 4^th Floor, Service Block, Tata Memorial Hospital, Parel, Mumbai 400 012 on or before the date and time mentioned above for submission of tender, failing which the bid would be considered late and rejected. Mere handing over of the bidding documents at reception or at any other counter or room or person cannot be considered as submission of bid.

8.       Tenders which are received late will not be considered.

9.       The bids received without paying the tender document charges and EMD charges shall not be considered.

10.    Forfeiture of the E.M.D.

       If for any reason whatsoever any bidder withdraws his bid at any time prior to expiry of the validity period or after issue of the letter of Rate Contract, Purchase Order, refuses to execute the Purchase Order or furnish the Security Deposit and Performance Guarantee for faithful performance of the contract within the stipulated time, the amount of E.M.D. is liable to be forfeited.

11.    Refund of E.M.D.

E.M.D. of those Vendors/Contractors who are not technically/financially shortlisted will be refunded only after the finalization of the said tender process.

12.    List of the brand technically short-listed will be intimated to the respective vendors.

13.    The successful tenderer’s will have to enter into a contract for supply of items. 

14.    Vendors must fulfill the vendor capability proforma giving all the requisite details, submit all required documents mentioned and return back duly signed.

15.    The Director (TMC) reserves the right to reject any or all of the tenders without assigning any reason at any stage.

16.    The Director, TMC also reserves the right to extend the validity of the Rate Contract for more than one year as mutually agreed upon.

17.    The Director, TMC reserves the right to reject, add, reduce, or differ the purchase without assigning any reason at any stage thereof and claim in this behalf in any way shall not be tenable for compensation in one way or the other. In such case the bidder will be refunded with the earnest money deposit without any payment of interest. The Director, TMC on enquiry will disclose the reasons for rejecting a tender or non-issuing a tender document.

18.    All vendors must disclose the names of their partners, if any. Firms with common Proprietor/Partner or connected with one another either financially or as principal and agent or as master and servant or with proprietor/partners closely related to each other such as husband/wife, father/mother, son/daughter and minor son/daughter and brother/sister and minor brother/sister, shall not tender separately under different names for the same contract. If so found, all such bid(s) shall stand rejected and tender deposit of each firm/establishment shall be forfeited. If it is a private/public Ltd company the names and addresses of the Director, along with their DIN should be submitted.

19.    Vendors shall quote firm offers. Conditional offers shall not be considered.

20.    The tenders must be valid for acceptance for a period of 6 months from the due date.

21.    Late tenders will not be accepted under any circumstances.

22.    The vendor shall state the name and address of the authorized agents/ stockiest/distributors through whom the product shall be made available.                                                   

23.    Vendors who are not the manufacturers must mention the name and address of the manufacturer of the products offered by them. An authority letter from the manufacturer authorizing them to quote for their product is essential. The tender must state the brand name, make etc. of the product offered against every item quoted if applicable. The product offered should be of the same packing and strength as specified in the schedule.

24.    The quantities mentioned against each item are estimated biennial quantity & can vary. The item shall be procured whenever required during the contractual period in quantities required from time to time.

25.    The vendor/contractor to submit along with tender an affidavit (on Rs.100/- stamp paper) confirming that no case pending against them in court of law, or that no time they were penalized by any court of Law or Regulatory Authority.

26.    Tender must be submitted in the prescribed format duly signed on each page.

27.    Tenders not submitted in hard copy shall be liable for rejection even if the information provided in CD.

28.    Tenders should be submitted in purchase department or put in drop box available at purchase department. Tenders submitted in other places in time but not reached purchase department before schedule time will not be accepted.

29.    Compliance report on technical bids be clear. If tenderer not quoted or put dash (-) or ‘NA’ then it will be presumed that quoted price includes those item cost.   

30.    Arbitration

If any dispute arises out of the transaction in any manner that shall be resolved by the sole arbitrator to be appointed by the Director, TMC and the contractor/vendor undertakes that he shall accept such appointment even if the sole arbitrator shall be an employee of TMC. In case such person is not acceptable to the Contractor/Vendor, Director, TMC shall be the final and sole arbitrator and award given by him shall be final Jurisdiction and binding on the parties.  In case of disputes/differences referred as per law to courts, the Honorable Courts in Mumbai will have exclusive Jurisdiction

31.    Governing Law:

The Law in force in India, from time to time shall only have application, and the courts in Mumbai shall have exclusive Jurisdiction to adjudicate the disputes/differences arising out of this contract.

32.    The Tenderer (manufacturer) should furnish along with tender a notary affidavit on Non Judicial Stamp Paper of Rs.100.00 stating their in as under:-

a)       Confirming that no case pending against them in court of law, or that no time they were penalized by any court of Law or Regulatory Authority.

b)       That the firm has been manufacturing and marketing the quoted products for more than three consecutive financial years.

c)       That the firm is never being blacklisted /penalized /defaulted by any government Institution / Hospitals with in last 5 year.

d)       That the firm has deposited up to date Sales Tax and Income Tax. (Attach copy of clearance / Return certificate).

e)       That the rates quoted by the firm are the lowest and not higher than the wholesale market rates /quoted in any other Institution or Hospitals. Rates have been checked by me / us and if approved I shall supply that items in the specified period.

f)         That the firm is having its manufacturing unit as per norms of revised schedule “M” of the Drugs Act & is having GMP / WHO-GMP/ IPF/ USFDA / CEE/ ISO/ DGQA certificate valid till date. (Mention whichever is applicable).

N.B. The affidavit must be as per the details mentioned above. Any change in the text matter is not accepted and TMH reserves the right to reject such offers.

Technical Bid

1)       Vendors must fulfill the vendor capability proforma giving all the requisite details, submit all required documents mentioned and return back duly signed.

2)       The Tenders must be accompanied by the following documents wherever necessary:

a)       Name and address of all Partners/ Director of the firm

b)       Complete Literature of the products offered.

c)       Sales Tax Registration Certificate

d)       Copy of the Factories Act Registration or Shops and Establishments Act Registration or small-scale Industries registration as applicable.

e)       Copy of the FDA License wherever applicable.

f)         “No Conviction” certificate from FDA Maharashtra where applicable.

g)       Latest performance certificate from FDA Maharashtra or relevant state where applicable.

h)       Copy of GMP license under schedule M wherever applicable

i)         Letter of authority from the Manufacturer if the supplier is dealer or agent of the firm.

j)         Material Safety Data Sheet for all chemicals reagents, disinfectants and kits should be provided along with instruction for use.

k)       Certificate of Analysis/Traceability Certificate should be provided

l)         Analytical testing reports for soap and disinfectants.

m)     Over and above any precautionary measures

n)       Local regulations.

o)       Last 3 years Income Tax Return duly acknowledged

p)       Balance Sheet and Profit & Loss Account of the firm for the last three years duly certified by Chartered Accountant

q)       Vendor Capability Proforma duly filled, singed & stamped enclosed with these tender documents.

r)        It is the Vendor’s responsibility to submit all the above required documents. The offer shall be technically evaluated only if all the documents required are in order, failing which TMH reserves the right the reject the offer. 

3)       Contract terms:

i.            In the event of the tender being accepted the contract must be signed by authorized signatory of the firm. The authorized signatory will provide a suitable letter of authority from the firm authorizing him to enter into a contract on behalf of the firm.

ii.            The firm shall be bound to supply on the rates quoted in the tender throughout the contract period.

iii.            The contract entrusted to the successful vendors will be subject to "Force Majeure" clause as per section 56 of the Indian Contract Act.

iv.            It shall be incumbent on the successful vendor to pay stamp duty on the contract.

v.            The tender should be duly filled in all respects and signed. The tenderer should quote in figures as well as in words the amount quoted by him. Alteration, if any, should be attested by the tenderer with his full signature, otherwise the tender shall be treated as invalid tender. The tenderer should duly sign the entire tender documents personally.

vi.            The tenderer should ensure that the amounts are written in such a way that interpolation is not possible. No blank space should be left.

vii.            Failure to fulfill any of the conditions given above shall render the tender for rejection.

viii.            The tenderer state only one name and address of the authorized agent/stockiest/ distributor for a product through whom the products shall be need available.

ix.            Any other taxes shall be deducted from your bills as made applicable by the Government/ Statutory authorities from time to time.

x.            If the tender is accepted, the vendor will have to deposit an amount equivalent to 5% of the expected value of the quantity mentioned in the schedule as Security Deposit which will not bear any interest. The Security Deposit is to be paid in cash or by a demand draft or in the form of bank guarantee from a bank situated in Mumbai, within 15 days from the date of intimation of acceptance of the Tender for a period upto October 2018.

xi.            That the full contract deposit must be paid within the time specified and the contract must be executed on or before the date fixed and intimated in writing to the successful contractor.

xii.            That postponement of the payment of the full contract deposit of the execution of the contract will not be permitted by the Director, TMC having in his possession other Deposit on account of other Tenders or Contracts, which Deposits may be or become returnable to the contractor and which they may wish to transfer as Deposit under this Contract. Such transfers will not under any circumstances be permitted.

xiii.            Contractor shall carry out the work in close co-ordination with the Purchase/Stores Department.

xiv.            The contractor shall not have any claim for compensation by reason of any alteration having been made in the original scope of work which shall involve any curtailment of the work as originally contemplated.

xv.            No person engaged or involved in this contract should disclose any matter pertaining to the Department to any third party in particular any information identified as proprietary in name that be kept strictly confidential and shall not be disclosed to any third party without written consent the original disclosing party.

xvi.            The Contractor or the employee engaged by the contractor shall not use TMH’s name for any publicity purpose through any public media like Press, Radio, Television or Internet, without the prior approval of Director, TMC.

xvii.            The contractor shall not sublet, transfer or assign the contract to any other party.

4. Supplies:

         I.            Under the provisions of the Drug and Cosmetic Act 1940 and the rules made under the act, following should also be specified  on the labels affixed to the items:

a)       Name and address of the manufacturer/Loan Licenses.

b)       Name and address of the re-packer, if any.

c)       Net and gross contents.

d)       A distinctive batch number and date of manufacture, repacking and expiry, if applicable.

e)       MRP

        II.            If you are clubbing the purchase orders and delivering the material, please mention quantity and batch number, Expiry Date in case of reagents, kits with MRP if available.

      III.            The hospital does not accept part supplies or delayed supplies. In case of delays, the hospital shall impose liquidated damages to the extent of 0.5% of the order value per week or part thereof subject to a maximum of 10% of the value of the order. The Director, TMC may at his sole discretion waive the imposition of liquidated damages.

     IV.            In case of failure of supplies within the stipulated time, the hospital at its sole discretion will purchase the same from any other source. The additional amount paid for such purchases along with additional 15% of the value of the order, towards administrative costs as Risk Purchase cost shall be debited to the account of the vendor. The Director, TMC may at his sole discretion waive these charges.  

       V.            The amount(s) debited to the vendor's account shall be recovered from the EMD/Security Deposit/ pending bills/ future bills of the vendor. This is without prejudice to any other legal remedies that the hospital may resort to against the supplier.

     VI.            In case of failure to supply the goods within the stipulated delivery period the hospital also reserves the right to enforce forfeiture of the entire security deposit. This is without prejudice to any other legal remedies that the hospital may resort to against the supplier.

    VII.            Part supply of material is not accepted in case of urgency part supply shall be accepted only after prior sanction. However, payment shall be effected only after complete supply of the purchase order quantity.

Payment Terms

• Submit/forward invoice Bill to Accounts Department located on 2^nd Floor, Service Block, Tata Memorial Hospital Parel, Mumbai 400012
• Contractor will submit the pre-receipted bills in duplicate on 1^st working day of every month in respect of claim for the preceding month with the certificate for execution of the work satisfaction. On the receipt of the bill along with certificates from the concerned officer the bill will be processed for payment.
• All bills should be affixed with revenue stamp and should be submitted on printed forms, duly signed and pre-receipted.
• Permissible taxes will be deducted from the bills and certificate will be issued by the Centre.

FOR DIRECTOR

TATA MEMORIAL CENTRE

I/We have read the Terms and conditions and the same are acceptable to me/us.

____________________

(Tender’s Signature)

TENDERER'S FULL NAME & ADDRESS:

NAME: ________________________________

LATEST ADDRESS: _____________________________

______________________________________

LATEST TEL: ______________________________

Financial Bid

1.       The details of the prices of the item should be quoted in sealed envelope in the format provided as following:

·               Item Description

·               Unit of Measurement

·               Pack size

·               Basic Rate

·               Discount in %

·               Excise Duty in %

·               VAT / ST in %

·               Octroi in %

·               Final Rate

·               MRP

a.       Final Rate offered should not exceed the MRP. The offers without MRP, wherever applicable, may not be considered.  In the event if TMC comes to know that any of the item provided in the Contract are being available in the open market at the lesser rate than provided in the RC, TMC will be free to obtain the said items from such parties as appropriate and that TMC will not be liable for any claim or business loss of the Tenderer and that no indemnity to the Tenderer will arise.  In such an event of misrepresentation, 10% costs of supplies made under the RC against Purchase Orders placed by TMC will be levied as penalty.  For such misrepresentation to TMC, civil/criminal action will be initiated as appropriate.

b.       If a firm quotes “Nil” charges/consideration, the bid shall be treated as unresponsive and will not be considered.

c.         The vendor must in all cases make the following unconditional declaration. The offer made in this tender is not higher than that made to any other organization working under any State / Central Government / Municipal Corporation or any other local bodies. In case the goods are supplied at a lower rate, the lower rate shall apply with immediate effect to the supplies made to Tata Memorial Hospital.

d.       In case the product is imported by the vendors, it is required to show the document to substantiate the landing cost.

e.       Hard copy and CD data should be identical, in case of any difference or ambiguity tender, the hard copy will be considered.

2.       Subject to requirements of the Bombay Sale Tax Act 1959 and the Central Sales Tax Act 1956, the rates of VAT/CST, retail VAT and CST etc. should be shown separately as VAT --- Percent, CST -----Percent, Retail VAT ------ Percent, CST ------Percent etc. Where no specific mention of the taxes chargeable is made by the tenders, it will be construed that these taxes are either not applicable or being already paid at the sources by the vendor or will be borne by them. No subsequent claim from the rates of taxes chargeable and vaguely state “Taxes as applicable” or “STGT” extra will be left out of consideration.

3.       The term “Free Supply’ implies providing the goods within the premises of Tata Memorial Hospital and ACTREC at no extra cost.

4.       The vendor must clearly understand that the rate contract with the vendor is liable to be terminated in the following circumstances without giving any notice:

a)       Failure to supply the goods for more than one month after the due date of supply.

b)       Failure to abide by the rules, various terms of the rate contract.

c)       Termination of agency agreement between the vendor and his principals.

d)       Information obtained from other sources regarding prosecution under any of the tax laws or the FDA act.

e)       Supplies of goods to Tata Memorial Centre at a price higher than that to any other Central or State Government agency, Semi Government organizations, Local bodies etc. Revision of prices of the goods at any time during the currency of the rate contract other than due to government levies.

5.       In case the supplies contain an element of foreign exchange, custom duty, excise duty and other taxes the same should be mentioned clearly in the tender. Any changes in statutory levies will be allowed as an increase/ decrease in the prices based only on the formula worked out at the time of tendering and in no case shall be more than the impact of the change on the price of the item. In case the above details are not provided at the time of the tendering, Hospital shall not consider any change in the price during the currency of the rate contract agreement. Items where custom duty has to be paid in India must be indicated with current rate of duties.

6.       The items which are imported directly, the vendor must inform the landed cost. The vendors may be asked to submit the relevant papers like Bill of Entry to substantiate the figure during financial negotiation.

7.       In case the contract is terminated due to any of the above reasons, the Hospital will be at liberty to forfeit the security deposit, charge the vendor liquidated damages as per clause 8 of supplies and risk purchase charges as per clause 9 of supplies and take any other action as may be deemed fit under the circumstances at the sole discretion of the Director, TMC.

8.       FALL CLAUSE :

a)       The prices charged for the stores supplied under the contract by the contractor shall in no event exceed the lowest price at which the contractor sells the Stores or offer to sell stores of identical description to any person(s)/ organization (s) including the Purchaser or any department of the Central Government or any department of a State Government  or any statutory undertaking of the Central or a State Government, as the case may be, during the period till performance of all supply orders placed during the currency of Rate Contract is completed.

b)       If at any time during the said period, the contractor reduces the sale price, sells or offers to sell such stores to any person(s) / organization(s) including the Purchaser or any statutory undertaking of the Central or a state Government, as the case may be, at price lower than the price chargeable under this contract, he shall forthwith notify such reduction or sale or offer of sale to TMH the price payable under the contract for the stores supplied after the date of coming into force of such reduction or sale or offer of sale stand corresponding reduced.

COMMERCIAL OFFER / PRICE BID FORMAT

SPECIAL TERMS AND CONDITIONS

1) Eligible vendor must ensure uninterrupted supply and an undertaking to be given accordingly.

2) Vendor should quote separately for full day and half day.

L1 CRITERIA :

Vendor should quote separately for full day and half day however, Consolidated Grant Total cost (1a + 1b) will be considered for arriving at L1 position.

FOR DIRECTOR

TATA MEMORIAL CENTRE

I/We have read the Terms and conditions and the same are acceptable to me/us.

____________________

(Tender’s Signature)

TENDERER'S FULL NAME & ADDRESS:

NAME: ______________________________

ADDRESS: _____________________________

_____________________________

________________________

_______________________________________

TEL: ___________________________________

Sealed tenders are invited by the Director, Tata Memorial Centre, Dr Ernest Borges Marg, Parel Mumbai   400 012 from reputed manufacturers and authorized agents having a well established set up in India with good services background for the  supply of following equipments to Tata Memorial Hospital.

A set of documents containing technical specifications, general instructions and terms and conditions can be downloaded from 27/06/2016 to 11/07/2016 from TMC website. Receipt of tender document charges of Rs.500/- and Original EMD receipt as per tender notice to be enclosed and photocopy of EMD receipt must be shown on or before submission of the tender. Tender document charges for the tender forms downloaded from our website to be paid to the Accounts department before its submission. Tender fees will not be accepted through M.O. or Bankers Cheque/DD by post. Tenders addressed to The Director, Tata Memorial Centre, Dr E Borges Marg, Parel, Mumbai-12 should be submitted in sealed envelope duly superscribed as Tender No……..    with due date, "Part I and Part II". Last date for downloading tender document is 11/07/2016. Tenders due on the specified date i.e.13/07/2016 should reach Purchase department up to 2.00 p.m. The technical bid will be opened on 13/07/2016 from 2.30 p.m. in front of those tenderers who wish to be present.

In case 13/07/2016 happens to be an unscheduled holiday, the next working day will be taken into account for purchase of tender, submission and opening.

TENDERERS HAVING A SERVICE CENTRE AT MUMBAI WILL BE PREFERED.

PURCHASE OFFICER