Procurement of Medicines Part II Agreement with Chemist

Procurement of Medicines Part II

Agreement with Chemist

( as per the tender document)

1 SUPPLY OF MEDICINES

1.1 Sufficient stock of standard quality of medicines at all times will have to be maintained by the supplier, to avoid inconvenience to the Government/CGHS beneficiaries.

1.2 In case of failure or refusal on supplier's part to supply the medicines to the purchaser / beneficiaries within the time as provided in clause 17 hereunder, the contract is liable to be terminated /cancelled at supplier's risk and cost. Any extra cost involved in arranging supply from alternative source will be recovered from the supplier. It is in addition and without prejudice to the deduction in clauses 17 & 18 hereunder.

1.3 The supplier will indicate batch number, name of manufacturer, date of expiry in the indents at the time of supplying the drug to the concerned CGHS Units/Dispensaries.

1.4 (a) The medicines/drugs to be supplied will be of standard quality. In case it is found that any particular medicine's date is expired, found not of standard quality, substandard or spurious, supplier's (Appointed Authorised Chemist) firm will be liable to be blacklisted for a period of 5 years besides other legal action that may be initiated. In case the supplier fails to supply indented drugs/medicines, the purchaser will be entitled to procure the same from other chemist and the supplier will be liable to reimburse in full the price paid by the purchaser. However the supplier will be allowed to claim what would be payable to him for the medicines as per agreed terms and conditions.

(b) In case of indent for specific brand of medicines, the same shall not be substituted. If any such case is noticed during subsequent scrutiny after or before the payment, then supplier will be penalised for Rs.1000 + cost of the specific brand of medicines for each such default.

1.5 Indented medicines for the beneficiaries to be supplied in individual packets by the designate local chemist.

1.6 The payment for NA items to be made to the beneficiaries on a fixed date / day by the local chemist / their representative, at the Dispensary.

1.7 Short supplied medicine to be sent through courier at the residence of the beneficiary at the cost of the local chemist.

2 AUTHORITY SLIP

In case an Authorised Medical Attendant of the Dispensary concerned gives any 'By

Hand' Authority Slip to a beneficiary, the medicines will be supplied immediately to the beneficiary for a period as mentioned in the slip or for 7 days, whichever is less.

3. LIFE PERIOD OF MEDICINES

Every medicine has its own shelf life period mentioned on the label of medicine. The shelf life of article supplied should not have passed more than half of its shelf life at the time of supply.

4. PACKED SUPPLIES:

Supplies are required to be made in original packing of manufacturer. The packing should approximately be nearest to the total quantity demanded of any particular medicine/drug on any particular day.

5. COLLECTION OF PRESCRIPTION FOR SUPPLY

The Authorised Chemist or his representative should collect local Purchase Indent on the basis of which supplies are to be made, from the unit allotted at the closing hours of unit/dispensary on every working day.

6. PERIOD UP TO WHICH SUPPLY ORDERS WILL BE PLACED:

Supply orders will be placed against the contract up to the last date of the contract.

Orders received even on the closing date should be honored in accordance with the terms of contract even though the last date of the contract may have expired on the date of supply of articles.

7. DELIVERY OF SUPPLIES

The delivery of supplies in full will be made on the next working day by 8.30 a.m. or at the opening hours of unit/dispensary, whichever is later, at the premises of the dispensaries indenting the supplies or in case of emergency at the residence of the patients as directed by CMO I/c of the dispensary/unit. In the event of non-supply of indented medicines in time as aforesaid, Rs. 500/- will be deducted from the bill of the Chemists for each delay.

8. ITEMS NOT AVAILABLE WITH THE AUTHORISED CHEMIST

In case the Authorised Chemist for any reason fails to supply any item in time indented by the dispensary, the beneficiaries concerned shall be entitled to purchase the medicines from the open market. The Authorised Chemist will be liable to reimburse, in full on the spot, the amount incurred by the respective beneficiaries on production of

Cash Memo, duly certified by the M.O. In-charge of the dispensaries concerned. The

Authorised Chemist shall be entitled to claim the amount from the CGHS, which will be limited to the extent admissible in terms of contract on the basis of accepted offer and other conditions of the contract. The chemists shall enclose such cash memos with the bill and total discount/ deduction made on such cash memos should be reflected in the claim bill.

9. ITEMS REQUIRED IN EMERGENCY

When an emergency arises outside the working hours of the dispensary or on holidays, the Authorised Medical Attendant in the CGHS Dispensary may procure the items as required from the open market. The Authorised Chemist will be liable to reimburse, in full on the spot, the amount incurred by the respective Authorised Medical Attendant on production of Cash Memo, duly certified by the M.O. In-charge of the dispensary concerned. The Authorised Chemist shall be entitled to claim the amount from the CGHS, which will be limited to the extent admissible in terms of contract on the basis of accepted offer and other conditions of the contract. The chemists shall enclose such cash memos with the bill and total discount/ deduction made on such cash memos should be reflected in the claim bill.

10. PRESENTATION OF BILLS:

(i) The Authorised chemist shall present the bill to respective unit for the supplies made during each fortnight (1 to 15 & 16 to 30/31) within ten days of closing of each respective fortnight. The bill should clearly indicate the details of the supply made each day. The bill should clearly indicate the details e.g. Name of the item, Name of

Manufacturer, batch no., date of manufacture & expiry date, prescription slip no. with date, rate, discount as per contract etc. or any other information required by the purchaser.

(ii) The bill shall be supported by the following documents:

The original indent along with the certificate from the Medical Officer In charge of the dispensary under his/her signature, with date, seal of the office for receipt of the items indented giving names of the drugs, their quantity and rate charged, shall accompany the bill. The incomplete bills not equipped by any of the particulars mentioned above, will not be entertained.

11. MISCELLANEOUS

• 11.1 The Director, CGHS, New Delhi reserves the right to enter into parallel contracts simultaneously or at any time during the period of this contract, with one or more chemists.
• 11.2 One Chemist can quote for only one group/area as per list attached. Offers for multiple groups/areas shall be rejected out rightly.
• 11.3 The bidder should have its establishment within five (5) Kms. distances by shortest motor able route from the dispensaries/Hospital (Affidavit to be submitted). The suppliers, in the vicinity of the CGHS dispensary/Unit meeting all the requirements, may be preferred. However, this could not be considered as the only criteria for appointment. The CGHS reserves the right to appoint the chemist on the same terms and conditions for any other dispensary / hospital / Unit. (within five (5) kilometres distance by shortest motor able route from the establishment) if otherwise found eligible.

 

 

12 CORRUPT OR FRAUDULENT PRACTICE

• 12.1 The CGHS requires that the Bidder/suppliers/ contractors under this bid observe the highest standards of ethics during the procurement and execution of such contracts.
• 12.2 In pursuance of this policy, the terms are set forth as follows:
• "corrupt practice" means the offering, giving, receiving or soliciting of any thing of value to influence the action of the public official in the procurement process or in contract execution; and
• "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or a execution of a contract to the detriment of the CGHS, and includes collusive practice among Bidder (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the CGHS of the benefits of the free and open competition;
• 12.3 The CGHS will reject a proposal for award if it determines that the Service Provider recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;
• 12.4 The CGHS will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that the firm has engaged in corrupt and fraudulent practices in competing for, or in executing, a contract.

13 PENALTIES

13.1 In case of indent for specific brand of medicines, the same shall not be substituted. If any such case is noticed during subsequent scrutiny after or before the payment, then supplier will be penalized for Rs.1000 + cost of the specific brand of medicines for each such default.

13.2 The delivery of supplies in full will be made on the next working day by 8.30 a.m. or at the opening hours of unit/dispensary, whichever is later, at the premises of the dispensaries indenting the supplies or in case of emergency at the residence of the patients as directed by CMO I/c of the dispensary/unit. In the event of non-supply of indented medicines in time as aforesaid, Rs. 500/- will be deducted from the bill of the Chemists for each delay.

14 TERMINATIONS FOR DEFAULT

The CGHS may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the bidder terminate the Contract in whole or part:

a. If the bidder fails to provide any or all of the services within the period(s) specified in the Contract.

The above document may be beneficial for the smooth running of dispensary.

Dr Marwah

b. If the bidder fails to perform any other obligation(s) under the Contract.

Engaged in corrupt or fraudulent practices in competing for or in executing the Contract

15 RESERVATIONS RIGHT FOR APPOINTMENT OF MORE CHEMISTS FOR

EACH CGHS UNIT

The Director, CGHS, Nirman Bhawan, New Delhi reserves the right to appoint any number of Authorized Chemists for each unit. The Director, CGHS, Nirman Bhawan, New Delhi also reserves the right to allocate, reallocate the dispensaries, existing and new ones under the CGHS that may be set up during the currency of the contract.

Director, CGHS, Nirman Bhawan, New Delhi also reserves the right to decide which contractor shall normally serve which unit. Without prejudice to the right, emergency purchases can be preferred from any of the contractor irrespective of such allotment of unit to each Authorized Chemist for purchase of normal supplies.

 

 

16 INDEMNITIES

The bidder shall indemnify the Government against all actions, suits, claims and demands brought or made against it in respect of anything done or committed to be done by the bidder in execution of or in connection with the work of this contract and against any loss or damage to the Government in consequence to any action or suit being brought against the bidder for anything done or committed to be done the execution of this contract. The bidder will abide by the job safety measures prevalent in India and will free the CGHS from all demands or responsibilities arising from accidents or loss of life, the cause of which is the bidder's negligence. The bidder will pay all indemnities arising from such incidents without any extra cost to CGHS and will not hold the CGHS responsible or obligated. The Government may at its discretion and entirely at the cost of the bidder defend such suit, either jointly with the bidder or single in case the latter chooses not to defend the case.

17 PAYMENTS

The authorized chemist shall claim payments twice a month. Payments of the bills presented will normally be arranged in 4 to 6 weeks from the date of presentation of the bill. However, the contractor shall make no claim from the Government of India in respect of interest or damages, in case the payment is delayed for any reasons. The payment has to be through ECS for which bidder should give requisite detail of bank address, Account No. etc.

18 ARBITRATION

The contract is based on mutual trust and confidence. Both the parties agree to carry out the assignment in good faith. If any dispute or difference of any kind whatsoever (the decision whereof is not herein otherwise provided for) shall arise between the CGHS and the Bidder in connection with or arising out of the Contract, whether during the contract period or completion and whether before or after the termination, abandonment or breach of the contract, shall be referred to and settled by the Director General Health

Services, Ministry of Health & FW, Government of India who shall within a period of sixty days after being requested in writing by the Bidder, give written award of his decision to the Bidder. The decision of the Director General of Health Services will be final and binding.

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Dr Marwah