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SOUTH WESTERN RAILWAY

Website: swr.indianrailways.gov.in or www. tenders.gov.in
Tender Notice No. B/MD/LP/Emp/2016 dated 12.10.2016
Sealed tenders are invited by the Chief Medical Superintendent, Bangalore for
expression of interest for Expression of interest for Empanelment of retail suppliers/dealers/
authorized stockiest for supply of medicines/surgicals to Divisional Railway Hospital,
Bangalore.
The tender document to be downloaded from the below Website:
swr.indianrailways.gov.in or www. tenders.gov.in
Description
Expression of interest for Empanelment of retail
suppliers/dealers/ authorized stockiest for supply of
medicines/surgicals to Divisional Railway Hospital, Bangalore.

Last date and time of receipt of tenders

14.11.2016 Up to 11.00 Hrs.

Date and time of opening of tenders

14.11.2016 at 15.30 Hrs.

Detailed instructions and terms are available in the tender document as above.
Changes if any would be made to the above website ten days in advance of opening and
may be seen on the web site.

Chief Medical Superintendent

Divisional Railway Hospital/ Bangalore

SOUTH WESTERN RAILWAY

BANGALORE DIVISION
MEDICAL BRANCH

Tender Notice No: B/MD/LP/Emp/2016 dated 12.10.2016.

Name of the work: Expression of interest for Empanelment of retail suppliers/dealers/

authorized stockiest for supply of
Divisional Railway Hospital, Bangalore.

medicines/surgicals

Chief Medical Superintendent

Bangalore.

to

SOUTH WESTERN RAILWAY

INDEX
Sl.
No.
1
2
3
4
5
6
7
8.

Topic
Tender Notification & Front Page
Index
Instructions to tenderers regarding tender forms downloaded from the
internet
Offer Letter cum Declaration Form
General Conditions of Contracts
Special Terms and Conditions of Tender
Annexure A Financial Bid
Annexure-B- Vendor Details

Page
No.
1-2
3
4 -5
6-7
8 -16
17-22
23
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SALIENT FEATURES
Name of the work: Expression of interest for Empanelment of retail suppliers/dealers/
authorized stockiest for supply of medicines/surgicals to Divisional
Railway Hospital, Bangalore.

THE TENDER DOCUMENT CONSISTS OF:

PERIOD:

24 pages.
TWO years.

Last date and time of submission of tender document: up to 11:00 hours on

14/11/2016

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INSTRUCTIONS TO TENDERERS REGARDING TENDER FORMS
DOWNLOADED FROM INTERNET
1. Tender document is to be down loaded from the internet and printout is to be
taken on A4 size paper and details are to be entered by the tenderer at the
various locations in the document. It is advisable that the downloaded tender
document is printed through laser/ inkjet printer only. Submission of Xerox or
photocopy of the tender document is prohibited.
2. This downloaded Tender document in full along with the various documents
required to be submitted as per the tender conditions in a sealed cover duly
subscribing the name of the work, tender notice no. and date etc and the same
shall be dropped before the stipulated date and time in the tender box as
specified in the tender notice.
3. Tenderers are advised to download the tender documents well in advance and
submit the tender before the stipulated time. It is the responsibility of the
tenderer to check any correction or any modifications published subsequently in
Web site and the same shall be taken into account while submitting the tender.
The Tenderers shall download corrigendum (if any), print it out, sign and attach
it with the main tender document. Tender documents not accompanied by
published corrigendum(s) are liable to be rejected. Railways will not be
responsible for any postal delay/ delay in downloading of tender document from
the internet.
4. The tenderers may please note that the rates/ single percentage for schedule
items shall be written in figures and words. Each page of the tender document
shall be signed by the tenderer.
5. Tenderers are free to download the tender document at their own risk and cost,
for the purpose of perusal as well as for using the same as tender document for
submitting the offer. Master copy of the tender document is available in the
Railway office as specified in the tender notice. After the award of work an
agreement will be prepared based on the master copy of tender document
available in the above office. In case of any discrepancy between the tender
document downloaded from the internet and the master copy, the latter shall
prevail and will be binding on the tenderers. No claim on this account will be
entertained.
6. The following declaration shall be given by the Tenderers while submitting the
tender.

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Declaration
(a) I/We have downloaded the tender form from the internet site
www.southwesternrailway.in / www.tenders.gov.in and I/we have not
tampered/ modified the tender forms in any manner. In case, if the same is found
to be tampered/ modified I/we understand that my/ our tender will be summarily
rejected and I/we am/are liable to be banned from doing business with Railways
and/or prosecuted.

Signature (s) of tenderer (s):

Date

Address

SOUTH WESTERN RAILWAY

OFFER LETTER-CUM-DECLARATION FORM
Tender Notice No: B/MD/LP/Emp/2016 dated 12.10.2016
Name of the work:

Expression of interest for Empanelment of retail suppliers/dealers/

authorized stockiest for supply of medicines/surgicals to
Divisional Railway Hospital, Bangalore for a period of TWO years

From:

To
The President of India,
Representing the South Western Railway through
Chief Medical Superintendent
South Western Railway, Bangalore.
Dear Sir,
Sub: Expression of interest for Empanelment of retail suppliers/dealers/ authorized
stockiest for supply of medicines/surgicals to Divisional Railway Hospital, Bangalore for
a period of TWO years.
Ref: Your tender notice No. B/MD/LP/Emp/2016 dated 12.10.2016
Published in the Newspaper of ----------------------------------------------dt-----------------***
1. I/We have read the General conditions of Tender/ Terms and conditions of the
proposed contract and I/We shall abide by the said rules and conditions in the event of
my/our tender being accepted.
2. I/We tender to the President, Union of India Owning South Western Railway, Through
Chief Medical Superintendent, South Western Railway, Bangalore, for Expression of
interest for Empanelment of retail suppliers/dealers/ authorized stockiest for supply of
medicines/surgicals to Divisional Railway Hospital, Bangalore for a period of TWO
years.
3. I am ________ years old and physically/mentally fit and not affected with any
contagious disease to do the above work.
4. I/We agree that I/We will not withdraw the offer before the Railway Administration
accepts or rejects the same or before Ninety days from the date of opening of the
tender whichever is earlier. In the event of my/our withdrawing the offer, I/we am/are
liable to be banned from doing business with Railways and/or prosecuted.

Signature (s) of tenderer (s)

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5. The discount quoted by me/us is in full satisfaction of all claims.
6. The tender offer submitted by me/us shall remain open for a period of 90 days from the
date of submission of the tender and I/We also agree that in the event of withdrawal of
the said offer by me / us I/we am/are liable to be banned from doing business with
Railways and/or prosecuted.
7. This tender is submitted on the understanding that if it is accepted, I/We shall within 15
days from the date of intimation of acceptance of the tender by the Railway
administration: i] Execute the Agreement in the form prescribed, with or without modifications to those
set out in the Tender Schedule with all its enclosures, for carrying out the work
according to the South Western Railway GCC and standard specifications, and
ii] Take up the work as prescribed in the Agreement. I/We, further agree that in default
of my/our taking up the work within a period of 15 (fifteen) days from the date of
intimation of acceptance of the tender by the Railway administration us I/we am/are
liable to be banned from doing business with Railways and/or prosecuted.
iii] Until a formal agreement is prepared and executed acceptance of this tender shall
constitute binding contract between us subject to modifications as may be mutually
agreed to between us and indicated in the letter of acceptance of my / our offer for this
work.
8. I/We are enclosing herewith the FINANCIAL OFFER duly filled in along with necessary
certificates/ documents in support.
9. If any one of the statements given above is found to be false and I/We am/are minor(s)
I/We agree that My/our tender is liable to be summarily rejected by the Railway
Administration who shall be sole judge and whose decision shall be final.

Signature (s) of tenderer (s)

GENERAL CONDITIONS OF THE TENDER FOR

Expression of interest for Empanelment of retail suppliers/dealers/ authorized stockiest
for supply of medicines/surgicals to Divisional Railway Hospital, Bangalore for a period of
TWO years.
Tender should be addressed to the President of India acting through The President of
India, representing the South Western Railway through Chief Medical Superintendent, South
Western Railway, Bangalore, and submitted on the prescribed forms only as mentioned in the
tender downloaded from internet.
1. Eligibility Criterion:
For bidders to participate in the above, following conditions / criterion are essential to qualify
for consideration.
2. Technical Criterion: (All documentary proof submitted should be attested by gazette
officer or magistrate or notary) the contractor shall have following minimum criterion to
participate in the tender:

EMPANELLMENT Means formation of a panel of agency/stockiest/retailers who can

supply of medicines/surgicals to Railway Hospital Bangalore at a maximum discount on MRP
for a period of TWO years.
A. The tenderer should provide satisfactory evidence acceptable to the Railway to show
that:
1) The tenderer/firm should be a reputed one which under takes the works similar to
the subject tender and has adequate technical knowledge and experience preferably
in Railways.
2) The tenderer has an established proper supervisory control organization to ensure
that there is adequate control at all stages of execution of the contract.
3. Eligibility Criteria and Credentials:
Tenderers are required to satisfy the following eligibility criteria:
1. All documents in support of the fulfillment of eligibility criteria should be furnished along
with the tender and should be available at the time of tender opening, tenders not
accompanied by documentary evidence in support of eligibility criteria will be rejected.
No post tender communication, in any form will be made or entertained after opening of
tenders, in this regard.
2. Railways may at their discretion call for originals of the credentials for verification from
the Tenderers or any clarification/confirmations on contents of the documents
submitted.
3. In case the certificates/Documents produced are proved to be false / fabricated, the
tenderer will be rejected and liable to be banned from doing business with Railways
and/or prosecuted.
4. Tenderer not submitting the requisite information as above may note that his/their offer
is liable to be ignored. Tender papers are not transferable.

5. The successful tenderer shall be required to execute an agreement in the prescribed

form within 14 days from the date of issue of Letter of Acceptance & commence the
work.
6.The successful tenderer should not damage the railway property during execution of his
work. If any damages are found on account of the successful tenderer, then he is liable
to pay damages as estimated by Railway Administration. If the successful tenderer
failed to pay such damage charges, the same will be recovered from the bill payable
for the work. In this connection the decision of Railway Administration is final.
5. CONDITIONS
a) The tenderer(s) is/ are required of declare his/ their age to the satisfaction of the Railway
Administration. No contract will be allotted to a minor/ minors under any circumstances.
b) The amount in tender should be legibly written in figures and in words
c) Tenders containing erasures or alterations without proper attestations or with an
omission of such attestation are liable to be rejected.

d) After submission of his tender, he/ they should not resile the offer or modify the terms
and conditions thereof in a manner not acceptable to the Railway Administration. If the
tenderer fails to observe or comply with the said stipulation, he/she is liable to be
banned from doing business with Railways and/or prosecuted.
e) Tenders submitted without properly and fully complying with the tender requirements
would be disqualified.
f) The tender is valid for a period of 90 days from the date of opening of tender. The
Railway Administration reserves the right to extend the validity of tenders at its
discretion if necessary. Further the Railway Administration reserves to itself the right to
accept/ negotiate with any of the tenderer needless of the priority of the offer the
particular tenderer had made.
6. General Terms& Condition
1. The Railway Administration reserves to itself the right to reject all or any of the tenders
without assigning any reason and is not bound to accept the highest.
2. No separate communication relating to the tender must be addressed by the tenderer to
the officer or any other person in the Railway Administration but all explanatory or qualifying
remarks which the tenders may desire to make must be recorded in the tender form itself in
the space provided for the purpose.
3. If the tenderer withdraws his offer before the Railway Administration accepts or rejects the
same or before ninety days from the date of opening of tender whichever is earlier, is liable to
be banned from doing business with Railways and/or prosecuted.
4. The successful tenderer shall be required to execute an agreement before taking up the
contract.
5. The successful tenderer should have technical competence. He should be prepared to
demonstrate his expertise to Railway and experience in the relevant field for performing the
said work and authorities if required. Necessary proof regarding technical competence and

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experience to be attached along with the tender failing which, the tender will be summarily
rejected.
6. The successful tenderer should also fulfill the special conditions attached to the tender.
7. The Railway Administration will reserve the right to terminate contract at any time by
giving a notice of not less than 30 days. The advice of acceptance of the tender will be sent
to successful tenderer by Registered Post with acknowledgement due.
8.

Identity cards should be issued only by the successful tenderer for his labourers.

9. Variation in Quantities:
a) The works shown in the Annexure are intended only to give a rough and general idea
of the location and rough details of work to be done. No claim whatsoever will be
admissible in respect of any alteration/addition/deletion/change in the type of works
b) In the event of any reduction in the quantities to be executed for any reason
whatsoever the contractor shall not be entertained for any compensation but shall be
paid only for the actual quantity of work done at the agreemental rates.
.
10. Incomplete tender shall be liable for cancellation and rejection and Railway reserves the
right to accept or reject any or all the tender applications without assigning any reason
thereof and is not bound to accept the lowest bid/offer.
11. Tender containing erasures and alternations of the tender documents are liable to be
rejected. Any corrections made by the tenderer in his entries must be attested by him.
12. It shall not be obligatory on the Railway Administration to accept the lowest tender and
no tenderer/tenderers shall demand any explanation for the cause of rejection of his/their
tender. If the tenderer deliberately gives/tenders wrong information in his/their tender or
creates circumstance for the acceptance of his/their tender, the Railway reserves the right
to reject such tender at any stage.
13. If the tenderer expires after the submission of his tender or after acceptance of his tender
the Railway shall deem such tender as cancelled. If a partner of a firm expires after the
submission of their tender or after acceptance of their tender the railway shall treat such
tender as cancelled unless the firm retains its character.
14. The Railway reserves the right to not invite tenders for any work or to invite open or
limited tender and when tenders are called, to accept a tender in whole or in part or reject
any tender or all tenders without assigning reasons for such action.
15. Tenderer must specify the rates in figures as well as in words below or above the
departmental value in the appropriate column in the Tender Schedule. The rates must be
inclusive of all other charges and taxes leviable as per specifications laid down for the
same in special terms and conditions of this tender.
16. The Tenderer's signature must be affixed at the bottom of each page of the tender
document. No tender which is unattested and/or contains erasure or alteration of the
tender document made by intending tenderer/tenders will be considered.
17. Only experienced firms/ agencies having facilities to supply the items as per the
requirements of railway Hospital may participate.
18. Before submitting tender, the tenderer/tenderers will be deemed to have satisfied
himself/themselves regarding the nature of work/contract. The submission of a tender by
tenderer implies that he has read and will abide by the conditions under which work will
be entrusted. Non-compliance with any of the conditions set forth herein is liable to result
in the tender being rejected.
19. SUBMISSION OF OFFERS:
a) All offers shall be written neatly without correction and over writings.

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b) Any individual(s) signing the tender or other documents connected therewith shall
specify whether he is signing.
i. As sole proprietor of the concern.
ii. As a partner or partners of the firm.
iii. As a Director, Manager or Secretary of a Limited company duly authorized by a
resolution passed by the Board of Directors or in pursuance of the authority conferred
by memorandum of association
20. All prices and other information like document sets having a bearing on the price shall be
written both in FIGURES & WORDS in the prescribed offer form and duly signed and
stamped.
21. All the copies of the annexure duly serialled and enclosed with the tender paper should
be duly filled in by the tenderer and submitted along with the tender duly signed and
stamped on each page.
22. The tenderer should avoid ambiguity in his offer
23. LOCAL CONDITIONS:
It will be imperative for each tenderer to fully acquaint him-self with all the local conditions
and factors which would have any effect on the performance of the contract and the cost
of item of works. The Railways shall not entertain request for clarification from the
tenderer regarding such local conditions. No request for change of price or time schedule
of completion of work shall be entertained after the Railways accepts the offer. The
tenderer can visit the place of proposed work to understand the site conditions and
correct appreciation of nature and volume of work to be done.
24. RATE: The prices are to be quoted by the tenderer in the offer as a total cost basis
unless otherwise specified. The rates quoted must be inclusive of the following:
a) Cost of Manpower, Cost of the vehicle for transportation, Cost of maintenance, Cost of
Consumables if any.
b) All taxes and levies etc. like sales tax, excise duty, works contract tax, service tax etc.
as applicable and insurance including third party liability etc.
d) Cost of all auxiliary equipment, consumables for completing the job.
e) Cost of maintenance of these mechanized systems.
f) Any other cost direct or hidden not mentioned above.
25. PAYMENT TERMS: The standard payment terms subject to recoveries as mentioned in
the agreement or of any amount under the liquidated damages clause of contract will be
as under:
a. Every fortnight the accumulated bills of each supplier will be processed and sent to
associate finance for e- payment.
b. Payment as above shall be subject to any deductions of any amount for which the
tenderer is liable under the contract against this tender including penalty and fine as
specified in work evaluation and penalty clause or any other contract in respect of which
the President of India is the contracting authority.
26. LAST DATE FOR RECEIPT OF THE TENDER:
a) The offers complete in all respect should be dropped in the tender box kept in the office
of Chief Medical Superintendent, Divisional Railway Hospital, Okalipuram, Bangalore City
560023, not later than the scheduled time for closure of the tender box as mentioned in
the Tender Notice.
b) The tenders received shall be opened in the presence of such of the tenderers or their
representative, who may like to be present at the scheduled time of the opening.

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27. ASSIGNMENT OR SUBLETTING OF CONTRACT:
The contractor shall not assign or sublet the contract or any part thereof or allow any
person to become interested therein in any manner whatsoever without the special
permission in writing of the Railway. Any breach of this condition shall entitle the Railway
to rescind the contract and also render the contractor liable for payment to the Railway in
respect of any loss or damage arising or ensuing from such cancellation, provided always
that execution of the details of the work by petty contractor under the direct and personal
supervision of the contractor or his agent shall not be deemed to be sub-letting under this
clause. The permitted subletting of work by the contractor shall not establish any
contractual relationship between the sub-contractor and Railway and shall not relieve the
contractor of any responsibility under the contract.
28. ALTERATIONS:
The Railways may require such alteration to be made on the work, during its progress,
as deemed necessary. Should these alterations be such that either party to the contract
considers an alteration in price justified, such alterations shall not be carried out until
accepted by the Railway(s). Should the contractor proceed and execute such alteration
without obtaining the consent in writing of the Railways to an amended price, he shall be
deemed to have agreed to execute the contract at a price as may be considered
reasonable by the Railways or without any extra price if considered reasonable by the
Railways.
29. CORRUPT GIFT AND PAYMENT OF COMMISSION:
Any bribe, commission, gift or advantage given, premises offered by or on behalf of the
contractor, his agents or servants or any one on his/their behalf to any employee,
representative of the Railways or any persons on his behalf in relation to the execution of
this or any other contract, the Railways shall in addition to the criminal liability under the
laws in force, subject the contractor to cancellation of this and all other contracts with the
Railways and also to payment of any loss resulting from any such cancellations and the
Railways shall be entitled to deduct the amount so payable from any money otherwise
due to the contractor under this or any other contract. Any question or dispute as to the
commission of any offence under the present clause shall be settled by the railways in
such manner as may be deemed fit and sufficient and Railways decision shall be final
and conclusive on the matter.
30. (a) Compliance to Railways' Instructions: - The Railway or his representative shall direct
the order in which the several parts of the works shall be executed and the Contractor
shall execute without delay all orders given by the Railway or his representative from time
to time but the Contractor shall not be relieved thereby from responsibility for the due
performance of the works in all respects.
(b) Alterations to be authorized: - No alterations in or additions to or omissions or
abandonment of any part of the works shall be deemed authorized, except under
instructions from the Chief Medical Superintendent, Bangalore City, and the Contractor
shall be responsible to obtain such instructions in each and every case in writing from the
Chief Medical Superintendent.

31. DAMAGE TO RAILWAY PROPERTY OR PRIVATE LIFE AND PROPERTY:

The Contractor shall be responsible for all risk to the work and for trespass and shall
made good at his own expense all loss or damage whether to the works themselves or
to any other property of the Railway or the lives, persons or property of others on
account of any negligence of contractor in connection with the works until they are taken
over by the Railway and in case the Railway shall be called upon to make good any
costs, loss or damages, or to pay any compensation, including that payable under
the provisions of the Workmens Compensation Act or any statutory amendments
therefore to any person or persons sustaining damages as aforesaid by reason of any

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act, or any negligence or omissions on the part of the Contractor the amount of any
costs or charges including costs and charges in connection with legal proceedings, which
the Railway may incur in reference thereto, shall be charged to the Contractor. The
Railway shall have the power and right to pay or to defend or compromise any claim of
threatened legal proceedings or in anticipation of legal proceedings being instituted
Consequent on the action or default of the Contractor, to take such steps as may be
considered necessary or desirable to ward off or mitigate the effect of such proceedings
charging to Contractor, as aforesaid, any sum or sums of money which may be paid and
any expenses whether for reinstatement or otherwise which may be incurred and the
propriety of any such payment, Defense or compromise, and the incurring of any such
expenses shall not be called in question by the Contractor.
32. PROVISION OF STAFF:

a) The Contractor shall place and keep on the works at all times, efficient and competent
laborers and to give necessary direction to supply the medicines/surgicals to Railway
Hospital Bangalore who will maintain the close contract with the railway officials for
supplying medicines/surgicals and to see that they execute their work in sound and
proper manner and shall employ only such supervisors, workmen and Labourers in or
about the execution of any of these works as are careful and skilled in trades. The
Contractor shall at once remove from the works any agent, permitted sub Contractor,
supervisor, workman or Labours who shall be objected to by the Railway for bonafide
reasons and if and whenever required by Railway, the contractor shall submit a correct
return showing the names of all staff and workmen employed by him.
b) In the event of Railway or its representative being of the opinion that the Contractor is
not employing on the works required number of staff as is necessary for the proper
execution of service within the time prescribed, the Contractor shall forthwith on
receiving intimation to this effect provide requisite number of staff and Labor specified by
Railway or its authorized representative within 24 hrs of being so required and failure on
the part of Contractor to comply with such instructions will entitle the Railway to rescind
the contract.
c) At least one qualified representative should be available at site whenever required by the
Railway or their representative to take instructions. In case the Contractor fails to employ
the qualified supervisor as aforesaid he shall be liable to pay a reasonable fine to
Railway.
33. CLAIMS: Signing of No claim Certificate: The Contractor shall not be entitled to make
any claim whatsoever against the Railway under or by virtue of or arising out of this
contract, nor shall the Railway entertain or consider any such claim, if made by the
Contractor after he shall have signed a No Claim Certificate in favour of the Railway, in
such form as shall be required by the Railway after the works are finally measured up and
paid for by the Railways. The Contractor shall be debarred from disputing the correctness
of the items covered by No Claim Certificate or demanding a clearance to Arbitration in
respect thereof.
34. FINAL PAYMENT:
a) Final Payment: On the Chief Medical Superintendents certificate of completion in respect
of the works adjustment shall be made and the balance of account based on the Railway
or the Railways representatives certified measurements of the total quantity of work
executed by Contractor up to the date of completion and on the accepted schedule or
rates shall be paid to the Contractor subject always to any deduction which may be made
under these conditions and further subject to the Contractor having delivered to the
Railway either a full account in details of all claims he may have on the Railway in respect
of the works or having delivered No Claim Certificate and the Railway having after the
receipt of such account given a certificate in writing that such claims are correct, that the
whole of the works to be done under the provisions of the Contracts have been
completed, that they have been inspected by him since, their completion and found to be

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in good and substantial order, that all properties, works and things, removed, disturbed or
injured in consequence of the works have been properly replaced and made good and all
expenses and demands incurred by or made upon the Railway for or in the respect of
damage or loss by form or in consequence of the works, have been satisfied agreeably
and in conformity with the Contract .
b) Post Payment Audit It is an agreed term of contract that the Railway reserves to itself the
right to carry out a post-payment audit and or technical examination of the works and the
final bill including all supporting vouchers, abstracts, etc. and to make a claim on the
Contractor for the refund any excess amount paid to him if as a result of such
examination any over-payment to him is discovered to have been made in respect of any
works done or alleged to have been done by him under the contract.
c)

The Contractor shall similarly produce vouchers etc., if required to prove the railway that
materials supplied by him, are in accordance with the specifications laid down in the
contract.

35. LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS:

Any sum of money due and payable to the Contractor under the contract may be withheld
or retained by way of lien by the Railway, against any claim of this or any other Railway
or any other Department of the Central Government in respect of payment of a sum of
money arising out of or under any other contract made by the Contractor with this or any
other Department of the Central Government. It is an agreed term of the contract that the
sum of money so withheld or retained under this clause by the Railway will be kept
withheld or retained as such by the Railway till the claim arising out of or under any other
contract is either mutually settled or determined by Arbitration, if the other contract is
governed by Arbitration clause or by the competent court as the case may be and
Contractor shall have no claim for interest or damages whatsoever on this account or on
any other ground in respect of any sum of money withheld or retained under this clause
and duly notified as such to the Contractor.
36. RIGHT OF RAILWAY TO DETERMINE THE CONTRACT:
1 (i) The Railway shall be entitled to determine and terminate the contract at any time
should, in the Railways opinion, the cessation of work becomes necessary owing to
paucity of funds or from any other clause whatever, in which case the value of approved
material at site and of work done to date by the Contractor will be paid for in full at the
rate specified in the contract. Notice in writing from the Railway of such determination and
the reasons therefore shall be conclusive evidence thereof.
2 (ii) Payment of determination of contract: the contract be determined under sub clause (i)
of this clause and the Contractor claims payment for expenditure incurred by him in the
expectation of completing the whole of the work, the Railway shall admit and consider
such claims as are deemed reasonable and are supported by vouchers to the satisfaction
of the Railway. The Railways decision on the necessity and propriety of such expenditure
shall be final and conclusive.
3 (iii) The Contractor shall have no claim to any payment of compensation or otherwise,
howsoever on account of any profit or advantage which he might have derived from the
execution of the work in full but which he did not derive in consequence of determination
of contract.
37. RIGHT OF RAILWAY AFTER RESCISSION OF CONTRACT OWING TO DEFAULT OF
CONTRACTOR: In the event of rescission of contract owing to default of contractor
(a) The Contractor shall have no claim to compensation for any loss sustained by him by
reason of his having purchased or procured any materials or entered into any
commitments or made any advances on account of or with a view to the execution of the
works or the performance of the contract and Contractor shall not be entitled to recover or

15
be paid any sum of any work there to for actually performed under the contract unless
and until the Chief Medical Superintendent shall have certified performance of such work
and the value payable in respect thereof and the contract shall only be entitled to be paid
the value so certified.
(b) The Railway shall as soon as may be practicable after removal of the Contractor fix
and determine ex-parte or by or after reference to the parties or after such investigation or
enquiries as he may consider fit to make or institute and shall certify what amount (if any)
had at the time of rescission of the contract been reasonably earned by or would
reasonably accrue to the Contractor in respect of the work then actually done by him
under the contract and what was the value of any unused or partially used materials any
constructional plant and any temporary works upon the site.
38. ACCOMODATIONS AND RAILWAY PASSES:
No accommodations shall be given to any contractor(s) or staff/supervisors for the
purpose of stay. Also, no Railway pass / PTO shall be given to them.
39.

DISPUTE: Any dispute arising out of interpretation of Drawings, specifications or any

terms and conditions including special condition of the contract or arising during the
execution of the work/contract, shall be settled by Railways and this decision shall be
final and binding on the contractor/tenderer(s).

40. TAXES/DUTIES:
Rates quoted should be inclusive of all taxes as is being levied or may be levied in future.
No increase in Rates will be permissible even if the tax rates are increased.
1 41.Contractors while executing the contract should also adhere to the below condition:
2 a. Compliance to rules for employment of Labour: The Contractor (s) shall conform to all
laws, bye laws rules and regulations or the time being in force pertaining to the
employment of local or imported Labour and shall take all necessary precautions to
ensure and preserve the health and safety of all staff employed directly or through petty
Contractors or sub-Contractors on the works.
3 b. The Contractor shall take requisite precautions and use his best endeavor to prevent
any riotous or unlawful Behavior by or amongst his workmen and other employed directly
or through the petty contractors and sub Contractors on the works and for the
preservation of peace and protection of the inhabitants and security of property in the
neighborhood of the works. In the event of Railway requiring the maintenance of a special
Police Force at or in the vicinity of the site during the tenure of works, the expenses
thereof shall be borne by the contractor and if paid by Railway shall be recoverable from
the contractor.
4 c. Non-employment of Labourers below the age of 18: The Contractor shall not employ
children below the age 18 as Labourers directly or through petty Contractors or sub
Contractors for the execution of work.
5 d. The contractor shall be responsible for employment of its labour and be liable for
observance of all statutory provision of Government. No claim for employment of labour
so engaged by the contractor in Railway whatsoever ground shall be entertained.
6 e. The contractor shall keep in force policy/policies of insurance against all liabilities and
recognized risk in respect of accident to person employed by contractor for purpose of
carrying out the work under the contract. In respect of all staff engaged by him, the
contractor shall be responsible against all claims under Work Men Compensation Act,
labour Contract Act etc.
42. The submission of a Tender by a tenderer shall be deemed to imply and taken as
indicating that he has read, understood and abided by the conditions stated therein and
the S.W. Railway General condition of Contract including correction slips thereto up to the
date of opening of Tenders.

16
43. Contractor shall pay all the statutory taxes levied by Government or Local Bodies.

Signature (s) of tenderer (s)

Chief Medical Superintendent

South Western Railway, Bangalore.

17

SPECIAL CONDITIONS OF THE TENDER

Name of work:

Expression of interest for Empanelment of retail suppliers/dealers/

authorized stockiest for supply of medicines/surgicals to Divisional Railway Hospital,
Bangalore for a period of TWO years
Scope: The successful bidder should supply all types of medicines/surgicals across the
board including the requested brands as per our indent. In case if the requested medicine
is not available with the firm, he should ensure the supply immediately from other reputed
firms by local arrangement without undue delay. If the said supplier failed to supply as per
the order, the same medicine may be arranged from other parties and the difference of
rates on such purchases will be deducted from the amount payable to them.
2. Labourers engaged should be above 18 years old. All
laborers should be issued with
Identity card by the licensee himself. If a person is found without proper identity card, the
person will not be allowed to work and necessary penalty will be imposed.
1.

3.

4.
5.
6.

All the LP prescriptions of the morning session will be accumulated, consolidated and with
the approval of competent authority purchase orders will be issued to the successful
bidder through mail/in person at 1300 Hrs.
The empaneled agency should supply the ordered medicines/surgicals at 1700 Hrs. on the
same day and collect the further orders for LP of the afternoon session. These ordered
medicines/surgicals of the afternoon session are to be delivered to RH/SBC on the next
day. In case of emergencies medicines/surgicals should be supplied SOS.
In case of repeated failures and unsatisfactory performance they would be removed from
the panel with the approval of CMS/SBC.
The medicines/surgicals supplied should have at least six to eight months of shelf life
Door delivery of the ordered medicines/surgicals should be complied
Immediate services in case of emergency/ lifesaving medicines/surgicals

7. The

8.

9.

contractor shall have to furnish photographs and complete details of the labour and
supervisors to be deployed with details of names, address, and Phone No., Age, and
Marital status, Voter ID No. etc. to enable the Railways to allow them free access to the
station premises.
The contractor shall ensure due periodical Medical Checkup of all its personnel employed
for carrying out the work and the medical fitness certificate of Doctor to this effect shall
have to be submitted for records. Railway reserves the right to refuse work by a particular
employee if he/she is found to be suffering from any infectious diseases and not fit to carry
out the duties. They shall not be allowed to perform duties till recovery from the diseases as
a precautionary and preventive measure.
The successful tenderer should take all safety measures while staffs are working in railway
premises. The Railway Administration will not be responsible for staff sustaining any injury
or any illness while on duty.

10. The

successful tenderer /firm has to comply with the labour laws in force like Minimum
Wages Act, Employment of Childrens Act, Hours of Employment Regulations, Work Mans
Compensation Act,

11.

Provident fund, Employee State Insurance, Bonus etc. an all such laws in force from time to
time as applicable to this contract.

18

12. The

contractor shall nominate a representative/Supervisor-in-charge who shall maintain

liaison with the Chief Pharmacist or other Railway representative at site for instruction,
clarification etc. regarding carrying out the activities of supplying medicines/surgicals
properly. He should maintain adequate mobile communication with Railway at all times for
which he should carry mobile phone at all times and the number of which shall be given to
Railway administration and Supervisors at site. At no point of time his mobile phone should
be switched off.
13. The quality of work will be closely monitored and shall be inspected daily/at certain frequent
intervals by Railway Authorities. The contractor will not employ any unethical practices to
compromise the quality of work. Contractor or his men will not use any such means, which
will affect the quality of work and may cause damage to Railway property/premises due to
such practice, for which contractor will be solely responsible. If any such incident takes
place and the contractor is found responsible, Railway will reserve the right to impose fines
and / or terminate the contract immediately.

14. Validity:

The validity of contract will be for a period of two years.

15. Rate:

The rates quoted by tenderer shall be inclusive of cost towards all the taxes like sales
tax, excise work contract tax etc., as applicable, insurance including third party liability,
service tax etc.,

16.

Any failure on part of the successful tenderer to implement provisions as per the acts
mentioned above will be treated as a failure and any strictures/penalty so levied by the
concerned authorities will be realised from the tenderer.

17. The

Tenderer will take into the consideration the following statutory obligation
Relievers/ESI/PF/service tax etc and all other taxes as applicable from time to time while
quoting.

18.

Extension Clause: The period of contract may extend for six months from the date of
expiry of contract subject to satisfactory performance on the same terms, conditions & rate
accepted in the tender. But the rider agreement is to be done otherwise payment for work
will not be entertained.

19. The

successful tenderer shall indemnify the Railway Administration against any loss or
damage to the property of the Railway Administration and/or against any claim under any
Act in force or any Act that may become enforceable hereafter made by the employees of
the Railway Administration or
Railway Passengers or any other party for death,
disablement or injury to the persons or loss of damages to the property etc or due to any
reason whatsoever arising Out of or in connection with this contract including any
consumer cases. Any sums paid by the Railway Administration by way of
compensation/charge/expenses in this connection will be considered reasonable and will
have to be reimbursed by the Agency to the Administration immediately on demand.

19
20. The

general condition of contract (Works contract of South Western railway) (GCC) as in

force for the time being and amended from time to time is applicable to this contract to the
extent it is not inconsistent with the terms and conditions contained herein or the special
conditions or the same is repugnant in the context of this contract. The term Engineer
wherever appears in the General conditions of contract (Works Contract) of South Western
Railway (G.C.C) in the context of the present contract may be read as Chief Medical
Superintendent, Bangalore City and shall include all superior officers of the medical
department of the South Western Railway.

21. In

the event of any difference of opinion or dispute between the Railway Administration and
the contractor as to the respective rights and obligations of the parties hereunder as to the
true intention of condition thereof such difference of opinion shall be referred to the
arbitration in accordance with the provisions of Clauses 63 and 64 of G.C.C and arbitration
and conciliation act, 1996 or its statutory modifications, arbitrator appointed by the South
Western Railway as per the procedures in vogue, shall be final and conclusive and binding
on both the parties.

22. All

disputes are subject to the jurisdiction of Karnataka State High Court or its subordinate
courts at BANGALORE City only. Before approaching the court, the existing internal
mechanism of arbitration should be explored as a mandate.

23. The

successful tenderer shall comply with all the provisions of Contract labour (Regulation
and Abolition) Act 1970, any subsequent amendments thereof and the rules made there
under.

24. The

contractor is responsible for any damage caused to the Railway property or

passersby/passengers or to persons who come with contact while fixing the panels and
also any damage caused by his panels to the Railway property or passersby or to persons
who come into contract during the period of contract.

25. The

contractor shall behave in courteous manner with railway personnel and the contractor
supervisor / labour need to have cordial and mutual respectful relationship.

26. The

Railway Health officials, & any other Railway designated staff reserve the right to reject
any person found unsuitable for the work.

27. HEALTH

AND SAFETY STANDARDS:

a) The service provider shall ensure that the vehicles used for performing the activities
envisaged in the contract are cleaned / washed / disinfected at least once a week.
b) The service provider should facilitate regular health checkups of its employees.
c) The service provider shall provide to persons working on the contract appropriate
safety gears.

28. Other

Conditions:
a) The Railway administration does not bind itself to accept lowest or any other tender or
to give explanation for such action.
b) The final acceptance of tender rests with the Railway Administration.
c) Tenderer (s) must not quote any special conditions in their offer, violating which the
offer is liable to be rejected.

20
d) The contractor shall be responsible for diligent performance of the duties of his
employees and for their conduct and behavior. He shall be solely liable for any injury
sustained by his employees
e) The contractor shall not use the name of Railways in any manner either for credit
arrangements or otherwise and it is agreed that the Railways shall not in any way be
responsible for the debits, liabilities or obligations of vendor and/or his employees.
f) Tenderer (s) should inspect the site of work at the Station and satisfy themselves
regarding local conditions, nature and volume of work to be dealt with to enable them
to quote the rate.
g) Tendered (s) further is/are advised in his/ their own interest to inspect the place of work
at the station in question to acquaint himself / themselves of local conditions applicable.
h) Tenderer (s) must ensure that the conditions laid down for submission of offers detailed
in the preceding paras are completely and correctly fulfilled. Tenders which are not
complete in all respects, as stipulated above, may be summarily rejected.
i) Contractor shall not in any capacity employ any person of bad character or any person
whose antecedents have not been investigated by the police and shall issue an
appointment certificate, which shall contain a photograph of the employee specifying
the employees name, fathers name address and the place at which employed, with
his/her left/right thumb impression affixed thereon in printers ink which he will carry
with him/her while on duty. The expenses for such verification as is necessary shall be
borne by the contractor. Contractor will not deploy child labour.
j) All the above conditions shall be read in conjunction with the Special Terms and
Conditions as followed by the Railways terms & condition. The above terms will,
however, override any similar clauses mentioned in the General Terms and Conditions
applicable on South Western Railway. All the latest General conditions of contract
issued by Railway Board/ HQ SWR will be binding on both the parties i.e. Railways &
tenderer/contractor
k) The contractor shall not subject, assign or transfer this contract or any rights or benefits
here under to any other person or persons, nor shall the contractor take any partners
without prior consent of Chief Medical Superintendent, SBC.
29. Execution:

a) Railway reserves the right to make any changes at any time during the contract period.
If such changes cause an increase or decrease in contractors price an equitable
variation shall be agreed. Railway Administrations competent authority (MEDICAL
Department Officers only) has full power to make any changes/terminate/modification
in the contract without assigning reasons.
b) If the Contractor deliberately gives wrong information in his tender or creates
circumstances for acceptance of his tender, the Railway Administration reserves the
right to reject such tender and in the case of the successful tenderer to cancel the
contract at any stage.
c) The whole contract is to be executed in the most approved, substantial and workman
like manner to the entire satisfaction of the S.W Railway or his nominee, who, both
personally and by his deputies shall be free to inspect the work at such times as he
may deem fit and to thereof, and on any question of the true intent and meaning of the
specifications and its decision shall be final and conclusive.
d) If the contractor expires/dies after submission/acceptance of his tender, the South
Western Railway, Bangalore shall deem such tender as cancelled. If a partner of a firm
expires after the submission of the tender or after the acceptance of the contract the
South Western Railway shall deem such tender as cancelled unless the firm retains
its character.
30. The

tenderer must submit their credentials along with the tender documents before opening
of the tender and no document shall be allowed to be submitted after opening of tender.

21

31. Indemnity:

The contractor shall at all times indemnify the South Western Railway against
all claims which may be made in respect of the said work for infringement of any right
protected by patent registration Design or trade mark, provided always that in the event of
any claim in respect of an alleged breach of patent. Registration or trade mark being made
against the South Western Railway be shall notify the contractor of the same and the
contractor shall be at liberty, but at his own expense to conduct negotiation for settlement of
any litigation that may arise there from.

32. Liability

under Workmens Compensation Act or otherwise:

a) The contractor shall all time indemnify the Railway Administration against all claims
which may be made under the Labour Laws and Workmens Compensation Act 1923
for any statutory modification thereof or rules made there under or otherwise for or in
respect of any damages or compensation payable in consequence of any accident
injury sustained by the contractor for any workmen, labourers for any person or
persons in the employment of the licensee and engaged in the performance of the
business relating to this license, except Railway employees. The licensee at all times
shall also take all risk of accident or injury which may cause of failure or the
performance of the said business arising out of such accidents to such workmen,
labourers or servants except Railway staff and against all costs and expenses incurred
by the Railway administration in connection there with and (without prejudice to any
other means of recovery) the Railway Administration shall be entitled to deduct from
any money due or become due to the licensee whether under this agreement or any
other agreement, all moneys paid or payable by the Railway administration by way of
compensation aforesaid or for cost or expenses in connection with any claim thereto
and the licensee shall abide by the decision of Railway administration as the sum
payable by the licensee under the provision of this clause.
b) The contractor shall note that no compensation due to loss of life or loss of material
shall be payable by the Railway administration and contractor shall have to pay all the
claims due as compensation in case of accident, injury to the laborers for whatsoever
reason.

33. Any

damage to the Railway equipments/property caused on account of negligence of

contractor or his representative shall be recoverable fully from his bill and decision of the
Railway administration shall be final and binding with the contractor.
34. General and Special terms & conditions, work schedule & related details mentioned in
tender form will be part of agreement.
35. Any notice to be served on the licensee(s) shall be deemed to be sufficiently served, if
delivered at his/their registered office or last known place of business in
.. Any
notice to be served by the contractor licensee(s) of the Railway Administration shall be
deemed to be sufficiently served, if delivery at the Office of Chief Medical Superintendent,
Bangalore City or sent by the registered post addressed to the Chief Medical
Superintendent, Divisional Railway Hospital, South Western Railway Bangalore City.
36. The bill for the ordered medicines/surgicals should be submitted along with the
medicines/surgicals to the Stores. Every fortnight the accumulated bills of each supplier
will be processed and send to associate finance for e- payment.
36. In

case the contractor repeatedly gives unsatisfactory performance, notice shall be issued
for improving the services. If he still fails to improve the standards. Railway will be entitled
to take action as per the clause 62 of GCC.

22
37. During

the execution of contract if any violation of the above act is noted, the agency will be
held responsible for the violation & action will be initiated against the agency as per the
laws governing the act, on repeated violation noticed the contract may be terminated.

38. The

approximate value of local purchase of medicines/surgicals is about Rs. 25 Lakhs.

However, administration does not guarantee the quantum of business.

For and on behalf of President of India

Chief Medical Superintendent

South Western Railway, Bangalore.

Witnesses: [1] .....................................................

Signature of the tenderer: -..................................

Name & Address of tenderer: -............................

Name: Address[2] .......................................................

Name: Address

23

Annexure-A
Financial BID
Tenderers to quote discount rates for supply of medicines/surgicals to Divisional
Railway Hospital, Bangalore
Note:
Tender containing erasures, overwriting or alterations without proper attestations are
liable for rejection. The amount of tender should be legibly written.
Description
Maximum discount
offered on MRP for
medicines

Discount in Figures

Discount in Words

Maximum discount
offered on MRP for
surgical items like
syringes, gloves, IV
set, cotton etc.

Note:

The approximate value of local purchase of medicines/surgicals is about Rs. 25 Lakhs.

Date: ______________
Place: ______________
Tenderer Address:
Signature(s) of Tenderer(s) with Seal

Signature (s) of tenderer (s)

Chief Medical Superintendent

South Western Railway,

24

Annexure -B
VENDOR DETAILS
Sl
No.
1.

Name of the vendor

2.

Year of Establishment

3.

Drug License No. /TIN no.

4.

Address

5.

List of Institutions/ Corporate Hospitals/Public Sector

Hospitals, Govt.Institutions already being supplied if
any.

6.

Contact Details like Mobile/E mail Etc.

PARAMETER

VENDOR TO SPECIFY

Date: ______________
Place: ______________
Tenderer Address:
Signature(s) of Tenderer(s) with Seal

Signature (s) of tenderer (s)

Chief Medical Superintendent

South Western Railway,