SUPPLIES & DISPOSALS DEPARTMENT, HARYANA S.C.O. No. 09, I st & II nd Floor, Sector-16, Panchkula-134109 (Haryana) Ph.:- 0172-2570121, 123, 124. Fax No.:- 0172-2570122. e-mail:- [email protected] , website:- dsndharyana.gov.in _____________________________________________________________________ Page 1 of 23 Online tenders are invited in two stage bid system i.e. Technical bid and Financial Bid as per the details given below in Schedule-A SCHEDULE-A (Effective w.e.f.26.09.2019) Sr. No. PARTICULARS REMARKS 1 Tender Notice No. 42/2019-2020 2 Sr. No. of Tender. 01 (Group-I) 3 Superscribed No. of Tender. 26/HR/RC/G-2/2019-20 4 Online submission of EMD, Tender fee & e-Service Fee Option-1: Through Net Banking and Debit card On or before last date of submission of Technical Bids upto 12:00 Noon 5 Online submission of EMD Option-2: Through RTGS/ NEFT (In case of above, the bidder has to pay Tender Fee & e-Service Fee Through Net Banking and Debit card as per the given date & time schedule) On or before 20.11.2019 Upto 02:00 P.M. 6 On line Bid Preparation & submission. Upto 22.11.2019 at 02:00 P.M. 7 Date & time of opening of Technical Bids/s. On or after 22.11.2019 at 02:30 P.M. 8 Date & time of opening of Financial Bids/s To be decided later on 9 Tender Fee: (I) For Haryana based manufacturing Micro and Small Enterprises (MSEs) & Khadi Village Industries Unit eligible as per the “Haryana State Public Procurement Policy for MSME -2016” notified vide G.O. No. 2/2/2016-4I BII(1) dated 20-10-2016 NIL (II) For Haryana based Startups/First Generation Entrepreneurs eligible as per State policy “Concession/benefits in Public Procurement to Startups/First Generation Entrepreneurs of State” issued vide G.O No.2/2/2016-4I B-II dated 03.01.2019. NIL (III) For remaining bidders both from the Haryana and Non Haryana Rs.5000/- 10 Earnest Money Deposit (EMD) required: (I) For Haryana based manufacturing Micro and Small Enterprises (MSEs) & Khadi Village Industries Unit eligible as per the “Haryana State Public Procurement Policy for MSME -2016” notified vide G.O. No. 2/2/2016-4I BII(1) dated 20-10-2016 NIL (II) For Haryana based Startups/First Generation Entrepreneurs eligible as per State policy “Concession/benefits in Public Procurement to Startups/First Generation Entrepreneurs of State” issued vide G.O No.2/2/2016-4I B-II dated 03.01.2019. NIL (III) Central or Haryana Public Sector Enterprises and “approved sources” as declared by the Industries Department, Haryana NIL (IV) For remaining bidders both from the Haryana and Non Haryana Rs.2,00,000/- 11 E-Service Fee Rs. 1000/- 12 Date and time of receipt of samples (if required) On 22.11.2019 at 02:30 P.M to 04.30 P.M. 13 Rates to be kept valid for acceptance upto: 31.05.2020
Online tenders are invited in two stage bid system i.e. Technical bid and Financial Bid as per the details given below in Schedule-A
SCHEDULE-A (Effective w.e.f.26.09.2019)
Sr. No.
PARTICULARS REMARKS
1 Tender Notice No. 42/2019-2020
2 Sr. No. of Tender. 01 (Group-I)
3 Superscribed No. of Tender. 26/HR/RC/G-2/2019-20
4 Online submission of EMD, Tender fee & e-Service Fee
Option-1: Through Net Banking and Debit card On or before last date of submission of Technical Bids upto 12:00 Noon
5 Online submission of EMD
Option-2: Through RTGS/ NEFT (In case of above, the bidder has to pay Tender Fee & e-Service Fee Through Net Banking and Debit card as per the given date & time schedule)
On or before 20.11.2019 Upto 02:00 P.M.
6 On line Bid Preparation & submission. Upto 22.11.2019 at 02:00 P.M.
7 Date & time of opening of Technical Bids/s. On or after 22.11.2019 at 02:30 P.M.
8 Date & time of opening of Financial Bids/s To be decided later on
9 Tender Fee:
(I) For Haryana based manufacturing Micro and Small Enterprises (MSEs) & Khadi Village Industries Unit eligible as per the “Haryana State Public Procurement Policy for MSME -2016” notified vide G.O. No. 2/2/2016-4I BII(1) dated 20-10-2016
NIL
(II) For Haryana based Startups/First Generation Entrepreneurs eligible as per State policy “Concession/benefits in Public Procurement to Startups/First Generation Entrepreneurs of State” issued vide G.O No.2/2/2016-4I B-II dated 03.01.2019.
NIL
(III) For remaining bidders both from the Haryana and Non Haryana
Rs.5000/-
10
Earnest Money Deposit (EMD) required: (I) For Haryana based manufacturing Micro and Small
Enterprises (MSEs) & Khadi Village Industries Unit eligible as per the “Haryana State Public Procurement Policy for MSME -2016” notified vide G.O. No. 2/2/2016-4I BII(1) dated 20-10-2016
NIL
(II) For Haryana based Startups/First Generation Entrepreneurs eligible as per State policy “Concession/benefits in Public Procurement to Startups/First Generation Entrepreneurs of State” issued vide G.O No.2/2/2016-4I B-II dated 03.01.2019.
NIL
(III) Central or Haryana Public Sector Enterprises and “approved sources” as declared by the Industries Department, Haryana
NIL
(IV) For remaining bidders both from the Haryana and Non Haryana
Rs.2,00,000/-
11 E-Service Fee Rs. 1000/-
12 Date and time of receipt of samples (if required) On 22.11.2019 at 02:30 P.M to 04.30 P.M.
13 Rates to be kept valid for acceptance upto: 31.05.2020
A. Information to Bidders: i. The Bidders can download the tender documents from the Portal:
https://etenders.hry.nic.in 1. Date and Time of making payment of tender fee, earnest money deposit (EMD) and e-
service fee is as under:
A Online submission of EMD, Tender fee & e-Service Fee Option-1: Through Net Banking and Debit card
On or before last date of submission of Technical Bids upto upto 12:00 Noon
B Online submission of EMD Option-2: Through RTGS/ NEFT- (In case of above, the bidder has to pay Tender Fee & e-Service Fee Through Net Banking and Debit card as per the given date & time schedule)
On or before 20.11.2019 Upto 02:00 P.M.
2. As the Bids are to be submitted online and are required to be encrypted and digitally signed, the Bidders are advised to obtain Digital Signature Certificate (DSC) at the earliest. For obtaining Digital Certificate, the Bidders should follow Point No. 2 under “Instruction to bidders on Electronic Tendering System” and available at the link: https://etenders.hry.nic.in
3. The Bidders shall have to pay for the Tender Documents Fee, EMD Fees & e-Service Fee online by using the service of secure electronic payment gateway. The secure electronic payments gateway is an online interface between bidders and online payment authorization networks.
4. The bidders must have Net Banking account in order to pay Tender Document Fee and e-Service Fee.
5. Payment of Tender Fee:- The payment for the Tender Document Fee shall be made by the interested bidder online directly through Net Banking with the available Banks at e-GRAS e-Payment Gateway.
6. Payment of e-Service Fee:- E-Service Fee payment shall be made separately by the interested bidders/ contractors online directly through Net Banking Account.
7. Payment of EMD:- The payment of EMD can be made through Net Banking or RTGS/NEFT as per details at Para-2 above. In this regard please refer to ‘Online Payment Guideline’ available at the Single e-Procurement portal of Govt. of Haryana at the link: https://etenders.hry.nic.in
8. Intending bidders will be mandatorily required to sign-up online (create user account) on the website https://etenders.hry.nic.in to be eligible to participate in the e-Tender. In case the intended bidder fails to pay EMD Fee under the stipulated time frame, he/she shall not be allowed to submit his/ her bids for the respective event/ Tenders.
9. In case of payment of EMD Fee through RTGS/ NEFT, the interested bidders must remit the funds at least T+1 working day (Transaction + One Day) in advance i.e. on or before 20.11.2019 upto 2.00 P.M; and make payment via RTGS/NEFT to the beneficiary account number specified under the online generated challan. The intended bidder/ Agency thereafter will be able to successfully verify their payment online, and submit their bids on or before the expiry date & time of the respective events/ Tenders at https://etenders.hry.nic.in
10. However, the details of the EMD, Tender document Fee & E – Service Fee are required to be filled/ provided at the time of online Bid Preparation.
11. Online Technical Envelope—Reference details of the Earnest Money Deposit, Tender Document Fee & e - Service Fee instrument and scanned copies of supporting documents
and QR/technical criteria with proper index and page numbering on all the documents have to be provided as per Annexure-IA of this document.
12. If the tenders are cancelled or recalled on any grounds, the Tender Document Fee and e-Service Fee will not be refunded to the bidder.
B. Brief Description of Procuring/ Rate Contract item:
The detailed technical specifications/description of the above stores are available at Annexure-I of this document.
C. Specific Terms & Condition/ Eligibility Criteria related to above Store:
(I) Eligibility Criteria:
1. MANUFACTURERS:
Bidder shall be Indian Manufacturer having valid manufacturing license. The Distributors / Suppliers / Agents/ loan licensees are not eligible to participate in the Tender.
2. GMP (GOOD MANUFACTURING PRACTICE):
IS/ISO/CE certificate in the Name of manufacturer for the quoted product.
3. MANUFACTURING AND MARKETING EXPERIENCE:
Bidder should have experience in supplying 20% of the requirement (i.e 20% of 2,64,00,240 Unit Packs i.e. 52.80 Lakh Unit Pack ) in one financial year of any of last three financial years (i.e. 2016-17, 2017-18 and 2018-19) to the State or Central Government or Government Hospitals / Corporate Hospitals / PSU Hospitals / Municipal Hospitals/ UN agencies / Authorized agency of the State / Central Govt. / PSU/Open Market Supply as a manufacturer or otherwise during the last 3(three) years.
4. TURNOVER REQUIREMENTS:
Rs.20 Crores (Twenty crores) in each of the last three financial years i.e. 2016-17, 2017-18 and 2018-19
5. NON BLACKLISTING:
(i) 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. If the period of blacklisting is over the firms can participate however the reason of blacklist/debarring must be intimated in the affidavit.
Sr. No.
Description of Store Quantity Place of Delivery
1 Non-belted with wings type Sanitary Napkins- Unit Pack:- 1 Units of 06 Packs
Annual Rate Contract basis (Apprx. Value Rs.40 Crores) Approx Qty. 2.64 CRORE Unit Packs
Bidders cannot make multiple Bids. All those bids shall be disqualified for all quoted products if any person (s) (i.e. partner (s) in case of a partnership firm, Directors /Members of Board in case of a company or the proprietor in case of a proprietorship firm, as the case may be) holds 20% or more share (ownerships) in more than one bidding entities who have quoted for same product (s)”.
2. BID PRICE
a) Bid Prices would comprise of the following:
• Basic Price: The base price of the Sanitary Napkins shall be inclusive of loading unloading & stacking, all other taxes, duties & levies and incidental services if applicable.
• Customs duty payable on the goods if applicable shall be indicated separately. The tenderer shall indicate the value of import items on which customs duty is payable
• (If the field is left blank, value will be taken as zero).
• Sales Tax/GST: Applicable Sales Tax/GST shall be quoted in this column in numeric values and in Rupees (If the field is left blank, value will be taken as zero).
• The packing, forwarding freight and insurance charges applicable shall be quoted separately in numeric values and in words in Rupees (If the field is left blank, value will be taken as zero).
• The total amount will be calculated automatically and will be taken for evaluation and bid ranking. These should be quoted for each of the items quoted separately on door delivery basis (FOR Destination) according to the unit ordered. The tenderers shall offer prices of the accessories inclusive of all the accessories mentioned in the technical specification and under no circumstances offer the essential accessories, without which the accessories cannot function properly, as optional or left un-quoted.
b) The details of the required Sanitary Napkins along with quantities are shown in schedule of requirements. The quantity mentioned is only the tentative requirement and may increase or decrease as per the decision of Ordering Authority and/or Tender Inviting Authority. The rates quoted should not vary with the quantum of the order or the destination.
c) The rates quoted and accepted will be binding on the bidder for full contract period as per the validity of contract from the date of signing of agreement and any request for increase in price will not be entertained till the completion of this Tender period. Accordingly this clause will be applicable for all orders placed during the contract period.
d) No bidder shall be allowed at any time on any ground, whatsoever it may be, to claim revision or modification in the rates quoted by him. Representation to make correction in the Tender documents on the ground of Clerical error,
typographical error, etc., committed by the bidders in the Bids shall not be entertained after submission of the Tenders. Cross Conditions such as “SUBJECT TO AVAILABILITY” “SUPPLIES WILL BE MADE AS AND WHEN SUPPLIES ARE RECEIVED” etc., will not be entertained under any circumstances and the Tenders of those who have given such conditions shall be treated as conditional/ incomplete and accordingly the same will be rejected.
3. SUBMISSION OF SAMPLES
a. Samples along with Test Report of any Government Approved Lab are to be submitted as per Specification. In case of non-submission of test Report, the bids will be rejected.
b. Samples of the quoted items (10 Unit Packs containing 6 pads in each Unit Pack) shall be supplied free of cost. No sample will be accepted after prescribed period. In the event of non-submission of samples within prescribed period, the bid shall not be considered. The sample of this item shall be deposited with the Sample Assistant of this office S.C.O. No. 09, Sector-16, Panchkula as per date and time given above.
c. Samples of consumables of the unsuccessful bidder should be collected back from the place of its storage within the stipulated period as indicated by purchaser. The Department would retain the sample of approved item for one month beyond expiry of contract. The Department will not make any arrangement for return of samples even if the bidders agree to pay the cost of transportation. The uncollected samples shall stand forfeited to the corporation after the stipulated period allowed for collection and no claim for the cost etc. shall be entertained.
d. Samples should be strictly according to the specifications item quoted in the bid
form failing which the bid will not be considered. Sample must be submitted duly sealed and securely fastened to the sample with particulars as mentioned below:-
(i) Name and full address of the firm, (ii) Model No. And name of the item, (iii) Name of section, (iv) Name of manufacturer, (v) Brand,
e) No change of sample or its marking on sample will be allowed after the submission
of sample.
4. Period of Validity of Bids
a) Bids shall remain valid for one year after the date of bid opening prescribed by the Purchaser. A bid valid for a shorter period may be rejected by the Purchaser as non-responsive.
b) In exceptional circumstances, the Purchaser may solicit the bidders consent for an extension of the period of bid validity. The request and the responses thereto shall be made in writing by e-mail. The bid security provided shall be suitably extended as mutually agreed. A bidder may refuse the request without forfeiting its bid security. A bidder granting the request for extension is not permitted to modify its bid.
The bid shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. All pages of the bid, except for unamend printed literature, shall be initialed by the person or persons signing the bid.
6. Deadline for Submission of Bids
The Purchaser may, at its discretion, extend this deadline for submission of bids by amending the bid documents, in which case all rights and obligations of the purchasers and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.
7. BID OPENING AND EVALUATION:- As per the laid out procedure of Supplies & Disposals Department.
8. Testing:
The Purchaser reserves the right to test any of the samples of the quoted item to ensure conformity with specifications and quality. Cost of testing will borne by Department of Education before or after supply order issue to firm the Bidder. Testing can be done physically and from laboratory also. The decision of technical committee will be final in this regard.
9. Variation in the quantity:
The Purchaser reserves the right at the time of award of contract to increase or decrease the quantity of goods and services originally specified in the schedule of requirements without any change in unit price or other terms and conditions.
10. The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any.
11. DELIVERY PERIOD:
(i) Delivery must be completed till 7th of every month, if the above day happened to be a holiday for Haryana, the supply should be completed on the next working day.
(ii) Delivery for the months of June and March must be done in the month of May and February respectively.
(iii) DELAYED SUPPLY; Supply beyond the 12th of the month will be considered as delayed supply.
(iv) FULL SUPPLY: Any supply more than 90% would be considered as full supply by 7th/12th dates. However payment with respect to actual quantity supplied would be made. No penalty would be levied on the remaining supply till 7th/12th dates and no risk purchase will be done.
(v) PART SUPPLY: Supply between 60 to 90% ordered quantity of goods by 7th/12th dates will be considered as Part Supply and payment of delivered amount of goods will be done after levying liquidate damages on delayed supply @ 20% penalty on non supplied quantities on 7th/12th dates. Payment will be done after making all the deductions.
(vi) NON SUPPLY: Supply of less than 60% of ordered quantity by the 7th/12th dates 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. The penalty will be recovered from any amount payable to the firm. In case of Non supply, the item which has been received would be used by the schools without making any payment to the supplier.
12. PAYMENT PROCESS: Payment process will be initiated after the receipt of the goods at the CDPOs level 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.
III. CONDITIONS OF CONTRACT: 1. Application: The Conditions of Contract shall be deemed to form and be read and
construed as part of the agreement.
2. Definitions: In this contract the following terms shall be interpreted as indicated:
(a) “The Contract” means this agreement entered into between the Purchaser and the Supplier as recorded in the Contract Form signed by the parties, including NIT all the attachments and appendices thereto and all documents incorporated by reference therein;
(b) “The Contract Price” means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations;
(c) “Goods”: hereinafter are deemed to include, without limitation, such equipment, spare parts, commodities, raw materials, components, intermediate products and products which the Vendor is required to supply pursuant to the Purchase Order or Special Conditions of this Contract and these General Conditions.
(d) “Services” means services ancillary to the supply of the Goods, such as transportation and insurance, and other incidental services, such as installation, commissioning, provision of technical assistance, training and other obligations of the Supplier covered under the contract;
(e) “CC” means the Conditions of Contract contained in this section.
(f) “The Purchaser” means the Organisation purchasing the Goods,
(g) “The Supplier” means the individual or firm who is eligible under NIT for supplying the Goods under this Contract;
(h) Consignee site is the place(s) mentioned in the Schedule of Requirements and Purchase order issued from time to time.
(i) Rate Contract: Rate Contract is a contract for the supply of stores at specified rates during the period covered by the contract.
(j) “Delivery period” means the period applicable up to completion of supply, installation, testing and commissioning of the equipment by the supplier at the Consignee site mentioned by supplier and accepted by the Purchaser.
The Goods & Services to be provided by the supplier under this contract shall conform to the technical specifications and quality control parameters mentioned in “Technical Specification” Sections III of this document.
4. Patent Rights:
The Supplier shall indemnify the Purchaser against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the Goods or any part thereof in India.
5. Performance Security:-
(i) Within 7 days from the date of issue of Notification of Award, the supplier shall furnish performance security to the Purchaser for an amount of 10% of the contract value valid up to one year, after the date of completion of performance obligations including the warranty obligations. The contract value means the total value of the items as specified in Schedule for which the purchaser may place order during the contract period.
(ii) The Performance Security shall be denominated in India Rupees and shall be in the form of a Bank guarantee issued by a nationalized/ scheduled bank located in India and in the form provided in the bidding Documents or any other form acceptable to the Purchaser.
(iii) The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract. If the loss suffered is more than the performance security then the performance security then it shall be adjusted against payments due & if it cannot be adjusted then it shall be recovered as per law. If at any stage the performance security gets adjusted then the supplier shall have to give fresh Performance Security to continue with this contract within seven days or the contract shall stand cancelled and purchases shall be made at the risk and cost of supplier for the remaining contract period.
(iv) The performance security will be discharged by the Purchaser and returned to the Supplier not later than one years, following the date of completion of the Supplier’s performance obligations. The Corporation shall not pay any interest on Performance security. In the event of any contract amendment, the supplier shall, within 15 days of receipt of such amendment, furnish the amendment to the Performance Security, rendering the same valid for the duration of the Contract, as amended for further extended period.
6. Packing:
(i) Packing should strictly comply with the packing instructions given in the ANNEXURE II.
(ii) All the material supplied should be marked in bold letters “HARYANA GOVERNMENT SUPPLY, NOT FOR SALE” over primary and secondary packing.
(iii) MRP should not be written.
7. Labelling, Marking and Packaging:
Labeling, marking and packaging conditions should as per specifications.
Firms should adhere to the bar coding system on the outer most packing.
9. Quality Testing:
(i) 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. However random sampling will be done from time to time.
(ii) The firms will be charged 1.5% of the amount of purchase order as testing charges per batch and same will be deductible at the time of payment. In case of firm completing the full supplies within 30 days of issue of purchase order, there will be reduction in testing charges by 0.5% i.e. it would be charged at 1%.
(iii) If the sample/samples is/are found Not of Standard Quality the consignment shall be rejected.
(iv) 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 lifted by the firm within 15 days and replacement supplies be made within 20 days from the date of intimation to the firm. If the firm fails to lift the rejected stock within 15 days the Department reserves the right to destroy the stock at its own.
(v) The Indenting Department reserves the right for inspection of the premises of pharmaceutical firm participating in the Tenders anytime prior/after tender allotment by officers appointed by the 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 Director shall be final in this regard. It is also open to the department to depute persons to inspect stores and draw samples before dispatch of the consignment.
10. Liquidated Damages and other Penalties:
(i) DELAYED/ NON-SUPPLY:
For items requiring sterility testing, penalty will be charged at the rate of 0.5% per day of the unexecuted order after 7th to 12th day. After 12th day, the order shall stand cancelled automatically after levying penalty @20% on the value of unexecuted order and such penalty will be recovered from any amount payable to the supplier.
(ii) 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 and / or on inspection by competent authority, the firm will be liable to replace/resupply the entire quantity of failed batch irrespective of fact that part or whole of the supplied stores may have been consumed the department 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.
If the firm fails to replace the batch declared to be Not of Standard Quality, the department will be at liberty for risk purchase from any approved source as per drug policy or local market at risk and the same will be recovered from the firm.
11. Nonperformance of Contract Provisions:
Non-performance according to contract provisions, purchase orders on three occasions will disqualify the 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.
12. Other Rate Contract Conditions:
(i) 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.
(ii) Furnishing of wrong information and false documents will make the firm ineligible and liable to be debarred/ blacklisted from participation.
(iii) 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.
(iv) 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.
(v) No facility regarding import license for raw materials etc can be given.
(vi) 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
(vii) The supply is FOR at school level in the State of Haryana.
(viii) The Department 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.
(ix) In case of any eventuality where risk purchase has to be done, The Department shall be at liberty 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).
(a) The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, terminate the Contract in whole or part if
(i) the Supplier fails to deliver any or all of the goods within the time period(s) specified in the Contract, or within extended period granted by the Purchaser or
(ii) if the Supplier fails to perform any other obligation(s) under the Contract; or
(iii) if the supplier, in the judgment of the Purchaser, has engaged in fraud and corruption, as , in competing for or in executing the contract.
(b) In the event, the Purchaser terminates the Contract in whole or in part, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the Purchaser for any additional costs for such similar Goods. However, the Supplier shall continue the performance of the Contract to the extent not terminated.
B. Termination for Insolvency
(a) The Purchaser may at any time terminate the Contract by giving written notice to the Supplier, if the Supplier becomes bankrupt or otherwise insolvent
C. Termination for Convenience
(a) The Purchaser, may by written notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective.
14. Force Majeure:
(i) The Supplier shall not be liable for forfeiture of its performance security, liquidation damages or termination for default, if and to the extent that, its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.
(ii) For purposes of this Clause “Force Majeure” means an event beyond the control of the Supplier and not involving the Supplier’s fault or negligence and not foreseeable. Such events may include, but are not limited to, acts of the Purchaser either in its sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.
(iii) The bidder shall be entitled to the benefit of this clause only if it informs in writing of the circumstances amounting to Force Majeure to Department of School Education, Haryana 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. Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event.
The contract shall be written in English language. English language version of the Contract shall govern its interpretation. All Correspondence and documents pertaining to the Contract which are exchanged by the parties shall be written in the same language.
16. Applicable Law:
The Contract shall be interpreted in accordance with the laws of the Union of India and Govt of State.
17. Taxes and Duties:
Suppliers shall be entirely responsible for all taxes, duties, license fees, octroi, road permits, etc., incurred until delivery of the contracted Goods to the Purchaser.
18. Non-performance of contract provisions:
Non-performance of contract provisions, 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.
19. Fraudulent and Corrupt practices: The same will be decided as per Chapter-14 of Manual of Office Procedure for Supplies & Disposals of Stores.
Note: The format of the Technical Bid/ Index for the Technical Bid Documents will be
as per Annexure-IA of this document and the bidders are requested to upload their
Technical Bids on the Portal with index as provided in Annexure-IA.
In case of non submission of required Eligibility Documents as at Annexure-IA, the bid of the firm will not be considered and no further chance will be given for the submission of these documents. However, clarification, if any, of already submitted documents may be obtained in case required as per the rules. D. Standard Terms and Conditions (wherever applicable these terms & conditions will overrule
the specific terms and conditions as at Para ‘C’ above):- 1. All the Annexure from ‘Annexure-III to XIII’ including ‘Schedule B of Supply’ are part of
this DNIT and are available as ‘Tender Forms’ at Link http://dsndharyana.gov.in/Portals/0/documents/Tender%20Forms%20DSnD_11042019.zip?ver=2019-06-20-103057-847 or the same can be downloaded from home page of http://dsndharyana.gov.in/en-us/ under ‘Downloads’> ‘Tender Form’.
2. Procurement of Stores through Rate Contract System:-
Where ever Government considers expedient that more than one supplier/ manufacturers should be kept on rate contract, it may so decide on case to case basis subject to conditions available at Annexure ‘III’.
3. EMD:-
The firms are required to deposit Earnest Money as indicated above failing which the tenders are liable to be rejected. Manufacturing Micro & Small Enterprises (MSEs) of the State, Central or Haryana Public Sector Enterprises and “approved sources” as declared by
the Industries Department, Haryana and Startups/First Generation Entrepreneurs are exempt from the deposit of EMD. The condition at Sr. No. 7 of “Instructions to Tenderers of the TENDER FORM” shall be deemed to be amended to this extent as per provisions contained at Para 13(i)(ii) of G.O. No.2/2/2010-4I-BII of dated 28.05.2010 and Para no 3(A)(ii) of G.O. No. 2/2/2016-4I BII (1) of dated 20.10.2016 (or as amended from time to time in this regard)
The condition at Sr. No. 6 of Annexure “A” – “Conditions with TENDER FORM” shall be deemed to be cancelled. (Amendments with effect from may 28, 2010)
4. Performance Security:
The successful tenderer shall be required to deposit Performance Security Deposit as per provisions contained in Govt. of Haryana G.O. No. 2/2/2016-4I BII(2) dated 20-10-2016 as under:-
Sr. No.
Type of Firm/Enterprises Value of Performance Security Deposit
1 Haryana based firms:- (i) # Haryana Based Micro
and Small Enterprises (MSEs)
(ii) Haryana based other firms/enterprises
(i) @0.2% of the order value or estimated value
of Rate Contract (where maximum value of rate contract (RC) is indicated, it will be on the basis of the same)
(ii) @2% of the order value or estimated value of Rate Contract (where maximum value of rate contract (RC) is indicated, it will be on the basis of the same)
2 Other States/ UTs based firms
@5% of the order value or estimated value of Rate Contract (where maximum value of rate contract (RC) is indicated, it will be on the basis of the same)
# Haryana based MSEs will be eligible for performance security deposit @ 0.2% who have filed Entrepreneurs Memorandum ( Micro or Small Enterprise category) in the Industries Department Haryana and who participate directly in the tendered/quoted items and offering to supply the entire quoted quantity manufactured from their own Haryana based unit.
The performance security in excess of the EMD already deposited can be submitted in the shape of Demand Draft/Call Deposit Receipt/Banker’s Cheque or in the shape of equivalent Bank Guarantee of any scheduled bank with branch in Chandigarh/ Panchkula. The condition at Sr. No. 8 of “Instructions to Tenderers of the TENDER FORM” shall be deemed to be amended to this extent as per provisions contained G.O. No. 2/2/2016-4I BII(2) dated 20-10-2016 as at Annexure IV (or as amended from time to time in this regard)
5. Price Fall Clause:
Price fall clause will be as per condition no. 15 of “General Conditions of Supply” as available at Annexure-V. The same is that the price quoted in the tender/quotation or approved in the Rate Contract for the stores shall not exceed in any way the lowest
price at which the tenderer quote for the supply the stores of identical description to DGS&D, New Delhi/ State Government Institutions/Undertakings/any other person during the delivery period/currency period of the rate contract. If, at any time during the delivery period/currency period, the successful tenderer reduces the rates/sale price of the quoted stores to any person at the price lower than the price chargeable under the supply order/ rate contract, the tenderers should forthwith notify such reduction and inform this office and the price payable under the supply order/contract for the stores supplied after the date of coming into force of such reduction of the rates shall stand correspondingly reduced to that level. The successful tenderers shall promptly notify the reduction of rates to this office as well as to the concerned Indenting Officer/ Consignees. The tenderer shall also give a certificate on their bills that the rates charged by them are not in any way higher to those quoted by them to the DGS&D, New Delhi and other State Government etc., during the corresponding period. The Indenting Officer shall be required to ensure that requisite certificate is given by the concerned firm on the bills before releasing their payments.
6. Penalty to firm on Delay in delivery: Should the contractor fail to deliver or dispatch any consignment within the period prescribed for such delivery or dispatch stipulated in the supply order, the delayed consignment will be subject to 2% penalty per consignment per month recoverable on the value of the stores supplied. The other details will be as per provision contained in Sr. No. 14 of “Schedule-‘B’ Condition of Contract”.
7. The bidders are required to quote the basic rates, the delivery/ transportation costs/ applicable GST and duties etc, and the place of billing for the supply of stores clearly and separately. The bidders are required to intimate the place of billing.
8. Penalty Clause for Department/ Govt. Agencies for delay in Payment
Delay in payments to the suppliers beyond the stipulated credit period indicated in the supply order, unless supported by cogent reasons and approved by a higher authority, will attract penal interest on the defaulting amount @ Rs. 25/- per rupees one lakh per day of delay beyond the stipulated credit period. Non provision of adequate budget will be no ground for delay in payments to the supplier. This is as per provisions contained at Para 17 of G.O. No.2/2/2010-4I-BII of dated 28.05.2010 (or as amended from time to time in this regard)
9. Negotiation of Rates
Regarding negotiations of rates, policy issued by the State Government vide G.O. No.2/2/2010-4-IB-II dated 18.06.2013 (Annexure-VI), G.O. No.2/2/2010-4-IB-II dated 16.06.2014 (Annexure-VII), G.O. No.2/2/2010-4-IB-II dated 09.02.2015 (Annexure-VIII) will be applicable.
10. Concession to MSMEs of State: The State Government has notified “Haryana State Public Procurement Policy for MSME -2016” vide G.O. No. 2/2/2016-4I BII(1) dated 20-10-2016 (Annexure-IX) and amendment vide G.O. No. 2/3/2018-4IB-II dated 23.04.2018 (Annexure-X) which will be applicable in respect of concessions to Haryana based MSMEs and KVIs. For claiming the relevant concession/s like Tender Fee, Earnest Money Deposit (EMD), Turnover, Exemption in respect of Past Performance & Experience, Purchase Preference and Performance Security, the bidders are required to submit the documentary proof from Government
authorities showing that they come under Haryana based manufacturing MSME/KVI units as the case may be e.g. *Entrepreneurs Memoranda in Haryana in bidder’s name and further subject to fulfillment of eligibility criteria as provided in the said Policy of 2016.
*Note:-
To claim the concessions/benefits under the above policy, the bidder is required to submit Manufacturing Entrepreneurs Memorandum issued by the Industries Department Haryana in respect of the quoted item or Udhyog Aadhaar Memorandum (UAM) of Haryana based manufacturing enterprises in respect of the quoted item (Ref. Industries & Commerce Department Haryana Memo No.TS/DS&D/11389-A Dated 03.07.2018) (Annexure-XIII) and further subject to fulfillment of eligibility criteria as provided in the said Policy of 2016 and amendments from time to time.
11. Concession/benefits to Startups/First Generation Entrepreneurs of State:
The State Government has notified “Concession/benefits in Public Procurement to Startups/First Generation Entrepreneurs of State” issued vide G.O. No. 2/2/2016-4I B-II dated 03.01.2019 (Annexure-XII) which will be applicable in respect of concessions to Startups/First Generation Entrepreneurs of State. For claiming the relevant concession/s like Tender Fee, Earnest Money Deposit (EMD), Turnover, Exemption in respect of Past Performance & Experience, Purchase Preference and Performance Security, the bidders are required to submit the documentary proof as per the said policy.
12. In case of evidence of cartel formation by the bidder(s), the EMD is liable to be forfeited along with other actions as are permissible to Government like filing complaints with the Competition Commission of India and/ or other appropriate forums.
13. Purchase Preferences for approved Sources
The Director, Supplies & Disposals, Haryana, reserves the right to allow purchase preference to the approved sources, including Central or Haryana State Public Sector Undertakings/Enterprises, provided that such approved source takes part in the bidding process and the quoted prices of the approved source is within 10% of the lowest acceptable price, other things being equal. However, such purchase preference would be available to the approved source only at the lowest acceptable price. The latest list of Approved Source is contained in Government Order no. 6/03/2007-4IB-II dated: 14-02-2008 of the Industries Department and is subject to further amendment from time to time.
14. Penalty clause for rejected samples/ material offered by the Bidder:
In case, the material offered for inspection by the firm fails to meet the specifications stipulated in NIT/Order/Contract and the samples are rejected by the Inspecting Committee, the Indenting Department will have the right to levy a penalty at 0.1% of the total order value. In case, the material offered for inspection fails during the 2nd inspection also, the Indenting Department will have the right to increase the penalty to 0.25% of the total order value. In case, the material offered fails during the 3rd and final inspection also, the firm will be liable for penal action including forfeiture of security, risk purchase, debarring/ blacklisting in future, and no further opportunity for inspection would be provided to the supplier firm.
15. Grievance Redressal Mechanism for dealing with the representations/ complaints/ letters of the participating bidders/ firms:
A time bound Grievance Redressal Mechanism for dealing with the representations/ complaints/ letters of the participating bidders/ firms in the tendering process in the State Public Procurement will be governed by State Government Policy issued vide G.O No.2/2/2016-4I-B II of dated 25.07.2016 (Annexure-XI). All the bidders/ firms who want to make any representation/ complaint against any issue related to their technical scrutiny of the bids may do the same within 5 working days (up to 05:00 P.M. of the Fifth Working day) of the date of issue of letter/ intimation regarding their As per NIT/ Not as per NIT status. They have to ensure that their communication is delivered/ reached within 5 working days and delay in postal will not be counted as a valid reason. No representation/ complaint in whatsoever manner from the bidders/ firms will be entertained after the opening of Financial Bid.
16. Arbitration Clause
The Arbitration if any will be decided as per the provision contained at Sr. No.18 of “Schedule ‘B’ Conditions of Contract”
17. Jurisdiction
All disputes will be settled within the jurisdiction of the Head Quarters of Director, Supplies & Disposals, Haryana at Panchkula
E. OTHER TERMS AND CONDITIONS 1. The firms are required to mention bifurcation of their rates showing the detail of Basic
Rates, GST, Duties etc. in their bid. In case, the supplies are delayed by the firm beyond the stipulated delivery period & there has been any upward revision in the rates of GST/ Duties ON THE CONTRACTED ITEM, no such increase will be allowed. However, if there has been any reduction in GST/Duties, the same will be availed. No variation in GST/ Duties on raw material will be applicable.
2. All documents to be submitted by the tenderers with their offer should be self attested in case the same are copies of original documents.
3. The Earnest money of the tenderers will be forfeited to Govt. account and blacklisting/ debarring besides other penal action, if they withdraw their offer/ rates or modify the terms & conditions of the same at any time during the validity of their offer before acceptance.
4. The authorized dealer (In case required in the DNIT) should submit authority letter of their manufacturer, to quote the rates on their behalf failing which tender is liable to be rejected.
5. When manufacturer as well as its dealer/s both quote the rates in the same purchase case, then for the purpose of distribution of order, they will be considered as one offer & the order/rate contract will be placed on that firm only which has quoted lower rates among such offers & the offer is as per NIT.
6. The Bid i.e. Technical Bid as well as Financial Bid is to be submitted online on web portal https://etenders.gov.in/eprocure/app. The Technical Bids uploaded on the portal should have proper indexing and page numbering on all the documents forming the Technical bid. However, the firms have option to submit the supporting documents as required to be supported along with Technical Bid either in on-line mode along with their Technical Bids or in offline mode in physical form to the office of DS&D by due date and time. In case
supporting documents are to be supplied in physical mode, then it should be so specified in their Technical Bid and the supporting document must be deposited in the office of Supplies & Disposals, Haryana before the due date & time of opening of Technical Bids.
7. The Financial bid/s of only those bidders/ items will be opened who qualify on the basis of their Technical Bids. The date & time of opening of the Financial bids will be intimated in the due course.
8. The offer without prescribed earnest Money, tender Fee & E-Service fee is liable to be summarily rejected. The deficiency in the remaining documents and tender requirement can be made subject to the decision by Director, Supplies & Disposals, Haryana, Panchkula
9. The quantity of Stores can be increased or decreased. 10. Notwithstanding anything contained in the Tender, Supplies & Disposals Department
Haryana reserves the right to accept or reject any Bid, and to cancel the bid process and reject the Tender, at any time, without thereby incurring any liability to the affected Bidder or Bidders and without any obligation to inform the participating/affected Bidder (s) the reason for such decision.
11. Other terms & conditions as contained in various Annexure/ Documents as available under the folder “TENDER FORMS” as available at the link: http://dsndharyana.gov.in/Portals/0/documents/Tender%20Forms%20DSnD_11042019.zip?ver=2019-06-20-103057-847 or the same can be downloaded from home page of http://dsndharyana.gov.in/en-us/ under ‘Downloads’> ‘Tender Form’ form part of this DNIT.
12. Instructions to bidder on Electronic Tendering System. Registration of bidders on e-Procurement Portal, Information about Digital Certificate, Instructions about Online Payment of Tender Document fee/e-Service Fee/Earnest Money, Important Instructions & Help manual for online bidding and other General issues option available on Home page of NIC e-procurement portal i.e https://etenders.hry.nic.in. In case bidders need any clarifications or if training required to participate in online tenders they can contact office Timings of Help-desk support & Contract Details:- The detail may be seen under “ Contract US” option available on Home Page of NIC e-Procurement portal i.e https://etenders.hry.nic.in. For support related to Haryana Tenders in addition to Helpdesk:- In addition, For support related to Haryana Tenders in addition to helpdesk you may also contract to following:- E - mail: [email protected] Desk: 0172-2700275
Additional Director/ Assistant Director, For & on behalf of Governor of Haryana
9 Pack Four Colour, Printing as per requirement (printing will include messages on use and disposal along with branding manufacture details etc.)
40gsm +10%
LDPE
10 Carton/Corrugated boxes
Craft paper, Single colour
Suitable to pack 160 Sanitary Napkin pouches, made out of 5 Ply (Narrow Flute) Bursting Strength- should not be less than 10kg/sq.cm
4. Manufacture, Workmanship and Finish:
(i) Sanitary napkins consist of an outer covering provided with sufficient number of channels for leak protection and absorbent filter material with an adhesive back strip.
(ii) The covering of the absorbent filter shall be good quality perforated film sleeve which has sufficient porosity to permit the assembled napkin to meet the absorbency requirements.
(iii) This shall be a product of non-allergic.
(iv) The sanitary napkin shall have a non- absorbent barrier on one side which shall have an identifying clearly the side of the barrier.
(v) The absorbent filler shall be arranged and neatly cut to the required size of the pad and form a uniform thickness throughout without any wrinkles or distortion.
(vi) It shall be placed in the covering in such a way that it does not cause lump formation with the effect of sudden pressure.
(vii) The covering fabric shall cover the filler completely.
(viii) The Sanitary Napkin shall have a very soft feel and when worn shall not chafe or give any uncomfortable feeling.
(ix) It shall be free from all sorts of foreign matter and should be odourless.
(x) The adhesive used in Napkin should not leave any mark and stain.
(xi) Uniform thickness is with respect of wrinkles and lump formation only.
(xii) The thickness shall be measured by stacking 10 complete pads and measuring the stack height.
(xiii) The average thickness for the 10 pads shall be used as pad thickness.
Technical Bid format/ Index for the Technical Bid documents
(Tenders will be technically evaluated based on the sequence/index as per the details given below. In case the firm fails to provide the documents properly as per the Technical Bid format/Index/proper
page numbering, bid of the firm can be rejected)
Sr. No.
Eligibility Condition
Name of the document Status of submission (Yes/ No)
Page Number as per numbering given to the technical bid documents uploaded on the portal
1 General Submission of online payments i.e Earnest Money Deposit, Tender Document Fee & e - Service Fee and scanned copies of supporting documents.
Yes/ No
2 General Affidavit on Non Judicial Stamp Paper duly certified by the Notary stating that the bidder/firm has not
been blacklisted/debarred by any Government or procuring entity.
Yes/ No
3 General All the documents submitted by the bidder as part of its Technical Bid are attested by the signing authority of the bidder.
Yes/ No
4 General An undertaking by the bidding firm in reference to acceptance of all the terms & conditions of the Schedule-A/ DNIT
Yes/ No
5 Para-C(I)1 (i)
Documentary evidence for the constitution of the company /Firm such as Memorandum and Articles of Association, Partnership deed etc. with full details duly certified by a Company Secretary of a Company/Practicing Company Secretary/Chartered Accountant to be furnished.
Yes/ No
6 (ii) Attested photocopy of Manufacturing License for the product duly approved by the Licensing authority for each and every product quoted as per specification in the Tender. The license must have been duly renewed up to date and the items quoted shall be clearly highlighted in the license
Yes/ No
7 (iii) List of all machines installed in the factory premises used for the manufacturing of Sanitary Napkins along with Documents of the same in the form of purchase Bills of the above mentioned Manufacturing Machinery.
Yes/ No
8 Para-C(I)2 IS/ISO/CE Certificate in the name of manufacturer for the quoted product
Yes/ No
9 Para-C(I)3 (i) Certified copies of purchase orders and invoices of same purchase orders in last three financial years (i.e. 2016-17, 2017-18 & 2018-19). In one of these financial years, the experience should be at least 20% of the
quantity mentioned in schedule of requirement. (i.e. 20% of 2.64 Crore Packets).
(ii) Performance statement of manufacture to establish quantities manufactured in last 3 years (i.e. 2016-17, 2017-18 and 2018-19) attested by Charted Accountant.
(iii) Market Standing Certificate as a Manufacturer for item/s quoted for the last 3 years (Certificate should be enclosed with list of items) issued by a Chartered Accountant.
Yes/ No
Yes/ No
10 Para-C(I)4 (i) Annual turnover statement for last 3 financial years (i.e. 2016-17, 2017-18 and 2018-19) certified by the Auditor
(ii) Copies of the Balance Sheet and Profit and Loss Account for the three years as above duly certified by the practicing Chartered Accountant
Yes/ No
Yes/ No
11 Para-C(II)3 (i) Submission of samples according to the specifications item quoted in the bid form
(ii) Test Report of the Sample from Government approved Lab
Yes/ No
Yes/ No
12 Para-C(II)11 The instruments such as power of attorney, resolution of board etc., authorizing an officer of the bidder should be enclosed with the Tender duly signed by the Authorized signatory of the Company / Firm and such authorized officer of the bidder should sign the Tender documents. Authorization letter nominating a responsible person of the bidder to transact the business with the Tender Inviting Authority.
Yes/ No
13 Other Documents required (I)
Details containing the name and address of the certified manufacturing premises where the items quoted are actually manufactured, its annual production capacity as per performa below: “Letter Head of the said firm
Sr. No.
Information asked for Information provided by the firm
1 Name & address of the manufacturing premises
2 In house production capacity (per annum)
3 Any other information related to above
It is also certified that the above information is correct and nothing has been concealed there in. Signature of the competent
Details of technical personnel employed (involved in management, manufacturing, testing, quality check, packing, logistic etc) of Sanitary napkins (Employee Name, Qualification, and Experience) as per performa below: “Letter Head of the said firm
Sr. No.
Employee Name
Qualification Experience
It is also certified that the above Human resources are sufficient to manage the supply of the items in case order is allotted to us. Signature of the competent authority of the said firm”
Yes/ No
15 Other Documents required (III)
(i) Valid GST clearance certificate from the concerned commercial Tax Officer or an affidavit in this regard from the competent authority in the firm
(ii) Copy of Permanent Account Number (PAN) & GSTN issued by the INCOME TAX Department
Note:- No documents other then the documents asked as at (i & ii) above are to be submitted.
Yes/ No
Yes/ No
16 Other Documents required (IV)
An undertaking by the firm that they will own responsibility of any damage arising because of delay in supply, non-supply or supply of poor quality items
Yes/ No
17 Other Documents required (V)
Copy of labels of various types of Sanitary Napkins (minimum 1 type) being manufactured by bidder at the time of applying for the present tender.
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