Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA, SURATHKAL POST SRINIVASNAGAR, MANGALORE – 575 025 Phone: (0824) 2474000

Website: http://www.nitk.ac.in

Fax: (0824) 2474033

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Tender Notification No.: 001/NITK-HCC//OUTSOPH/2016-17/A10

Date:02 -11 -2016

Subject: Tender Notice for outsourcing of Pharmacy activities at the Institute Health Care Centre. 1. Sealed tenders are invited from registered, licenced, experienced and reputed Pharmacy Licence holders/Chemists, having an annual minimum turnover of ₹ 50 lakh in each of the previous two years i.e. 2014-15 and 2015-16, for outsourcing of Pharmacy activities at the Health Care Centre, NITK-Surathkal for a period of one year from the date of contract and may be extended for a period of another two years on satisfactory performances and service. 2. The Bidding schedule, essential condition, terms & conditions of agreement are prescribed in the Tender Document. 3. The tender details/document can also be downloaded from the website: http://www.nitk.ac.in. 4. The quotation/tenders should be sealed and superscripted "Outsourcing of Pharmacy Activities at NITK Health Care Centre" and should be addressed to the ‘The Director , National Institute of Technology Karnataka –Surathkal, P.O - Srinivasnagar, Mangalore,Dakshina Kannada, Karnataka, PIN : 575 025”. 5. The sealed quotation/tender should be dropped in the Tender box placed in Accounts Section –III of NITK-Surathkal, Mangalore. 6. The quotation received after the last date and prescribed time would not be opened and would be summarily rejected. Quotations having the incomplete information are also liable to be rejected. 7. The Director, NITK-Surathkal, Mangalore reserves the right to reject any or all the quotation in full or part without assigning any reason thereof and without giving any compensation. The decision of the Director, NITK-Surathkal, Mangalore in this regard shall be final and binding on all. 8. The bidders shall visit the Institute website http://www.nitk.ac.in regularly, for any amendments regarding this tender notification.

Sd/Ravindranath.K Registrar

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA, SURATHKAL (A Technical Institute of National Importance of NIT ACT-2007, under MHRD, GOI - Delhi)

POST SRINIVASNAGAR, MANGALORE – 575 025 Phone: (0824) 2474000

Website: http://www.nitk.ac.in

Fax: (0824) 2474033

Name of the Tender: OUTSOURCING OF PHARMACY ACTIVITIES AT THE INSTITUTE HEALTH CARE . CENTRE, NITK-SURATHKAL. Tender Notification No.: 001/NITK-HCC//OUTSOPH/2016-17/A10

Date:02 -11 -2016

INDEX Description Bidding Schedule –Notification Details Section I – Instruction to Bidders Section II – Conditions of Contract Annexure A – Performance Security Form (PSF) Annexure B – Price Bid Annexure C – Declaration of Bidder Annexure D – Letter of Authority Agreement for Licence/Contract

Page No 3 4 to 8 9 to 11 12 & 13 14 & 15 16 17 18 to 23

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA, SURATHKAL (A Technical Institute of National Importance of NIT ACT-2007, under MHRD, GOI - Delhi)

POST SRINIVASNAGAR, MANGALORE – 575 025 Phone: (0824) 2474000

Website: http://www.nitk.ac.in

Fax: (0824) 2474033

TENDER DOCUMENT FOR OUTSOURCING OF PHARMACY ACTIVITIES AT THE INSTITUTE HEALTH CARE CENTRE, NITK-SURATHKAL. Tender Notification No.: 001/NITK-HCC//OUTSOPH/2016-17/A10

Date: 02 -11 -2016

The National Institute of Technology Karnataka, Surathkal is providing comprehensive medical care facilities to the Institute Students, Employees and their Dependents. An outlet for the Pharmacy has been provided at the Institute Health Care Centre for outsourcing of Pharmacy Activities, to ensure timely supply of Allopathy, Ayurveda and Homepathy Medicines/Drugs to the beneficiaries on prescription by the Institute Medical Officers and the Visiting Consultants. With this objective, NITK-Surathkal invites sealed tenders from the eligible Pharmacy Licence holders/Chemists for undertaking the outsourcing of Pharmacy Activities at the Institute Health Care Centre, Bidding Schedule The detailed schedule for the same is as follows:1 Price of blank Bid Documents ₹ 1000/- + ₹ 55/- (5.5% Sales Tax) = ₹ 1,055/(payable in the form of Demand Draft in the name of ‘The Director, NITK-Surathkal’ issued from a Scheduled Bank) , Non-refundable. 2 Date and Time of issue of blank Bid Documents Tender Document will be available till 5:00 p.m of 15- 11 -2016 in the institute web site http://www.nitk.ac.in, which may be downloaded. No separate hardcopy will be issued from this office. 3 Pre-bid meeting * 16- 11 -2016 at 11:00 a.m. in the Board Room, NITK-Surathkal, P.O-Srinivasnagar, Mangalore, PIN: 575 025. 4 Bid security amount -Earnest Money Deposit ₹ 2,00,000/- (Rupees Two Lakhs Only) (E.M.D) 5 Address where the Sealed Bids are to be dropped ** Tender Box in the Office of Accounts Section III, Main building, NITK-Surathkal. 6 Last date and Time for submission of completed * 24-11 -2016 till 03:00 p.m. sealed Bid Documents. 7 Date and Time of Opening of Bid Documents * 24-11 -2016 at 03:30 p.m. in the Board Room, NITK-Surathkal, P.O-Srinivasnagar, Mangalore, PIN: 575 025. (if possible on the same day or on any other pre-informed day ) * If the day falls on any Gazetted / Institute Holiday, it will be on the next working day. ** It is the responsibility of the Bidder to ensure that their bids whether sent by post or by courier or by person are dropped in the Tender Box. Page 3 of 23

Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

Name of the Work: Outsourcing of Pharmacy Activities at the Institute Health Care Centre,NITK-Surathkal.

SECTION – I Instructions to Bidders 1. SCOPE OF WORK. 1.1

1.2

The Outsourced Pharmacy will stock the Branded Allopathy, Ayurveda & Homeopathy Medicines/Drugs, Vaccines, Surgical items & Dental Items and equipment, Laboratory Investigation reagents, Antiseptic lotions of well reputed Companies as indented by the Institute Medical Officer and dispense the same to the beneficiaries of the Institute at the agreed discount rates, as per the prescription of the Institute Medical Officers and the Visiting Consultants. The outsourced Pharmacy will function during the working hours/days as that of the Institute Health Care Centre working hours/days and as per the requirements of NITK-Surathkal.

2. ELIGIBILITY 2.1 The Chemist / Firm must hold valid licences as on date of Bid opening in specified forms: For various categories of Allopathic Drugs (Form 20,20-B,21,21-B,21-C), Ayurveda Drugs and Homeopathic Drugs (Form 20C) issued by the Karnataka Drugs Control Department under the provisions of The Drugs and Cosmetics Act, 1940 and The Drugs and Cosmetics Rules, 1945. The successful Bidder will further ensure that their Licences remain valid till the end of the contract period. 2.2 The Chemist / Firm must not have been convicted by the State Drugs Control Authorities and no case should be pending under the Drugs and Cosmetics Act and Rules. 2.3 The Chemist / Firm bidding should have been established the Pharmacy for at least not less than Two years at one place only. 2.4 The Chemist / Firm should have the experience for at least Two years in similar field as stated in the ‘Scope of Work’. 2.5 The Annual Turnover of the Bidder should not be less than ₹ 50 Lakhs per annum during the last two financial years. 2.6 The Chemist / Firm should possess ESI registration Certificate. 2.7 The Chemist / Firm should possess EPF registration Certificate. 2.8 VAT Clearance certificate should be available with the bidder. All the above listed Licences/Certificates should be self-attested and stamped.

3

COST OF BIDDING The prospective bidders shall bear all the costs associated with the preparation and submission of their bid. The NITK-Surathkal in no case will be responsible or liable for these costs regardless of conduct or outcome of the bidding process.

4

PRE-BID MEETING 4.1 A Pre-bid meeting open to all prospective bidders will be held as per Bidding Schedule in the Committee Room, NITK-Surathkal wherein the prospective bidders will have an opportunity to obtain clarifications regarding work and tender conditions. 4.2 The prospective bidders are free to ask for any additional information and clarifications concerning the work either in writing or orally. The clarifications given will be common and applicable to all bidders.

5

AMMENDMENT OF TENDER DOCUMENT OR ITS PROCEEDINGS 5.1 The Tender Document or its proceedings may be modified or revised by NITK-Surathkal at its own initiative by whole or a part by an amendment and published in the Institute Web site http://www.nitk.ac.in, from time to time. 5.2 No Notification in Newspapers would be made for any modification or revision of the tender document or its proceedings. 5.3 NITK-Surathkal may at its own discretion extend the last date for the receipt of bids. Note: It is the responsibility of the Bidder to check the institute website for any updates in related to this tender notification. Page 4 of 23

Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

6

BIDDING PROCEDURE, SIGNING AND SEALING OF BIDS 6.1 The bidder must submit his Bid in two sealed envelopes as mentioned below : Envelope No. 1 :- Called “Technical Bid Envelope” containing :(A) Earnest Money The Bidder are required to submit a Demand Draft of ₹ 2,00,000/- (Rupees Two Lakhs Only) in the name of “The Director, NITK-Surathkal” payable at State Bank of India, Surathkal Branch “ as Earnest Money. The Demand Draft must be issued by a Scheduled Bank. (B) Documents establishing Bidders eligibility (Technical Bid) The following documents should be submitted along with the Technical Bid in the sequence mentioned below. Each page will be duly signed and serially numbered. Corrections or overwriting duly attested. a) Photocopy of the Demand Draft by which Earnest Money has been submitted. b) Proof of Deposit of ₹ 1,055/- as Tender Cost. c) Duly attested copies of valid Licences held by the bidder as on the date of Bid opening in specified forms: : For various categories of Allopathic Drugs (Form 20,20-B,21,21-B,21-C), Ayurveda Drugs and Homeopathic Drugs (Form 20C) issued by the Karnataka Drugs Control Department under the provisions of The Drugs and Cosmetics Act, 1940 and The Drugs and Cosmetics Rules, 1945 . The successful Bidder will further ensure that their Licences remain valid till the end of the contract / extension of contract period. d) Declaration of Bidder as per ANNEXURE – C. e) Copy of the Partnership Deed if the bidder is a Partnership concern. f) VAT Clearance Certificate. g) Letter of Authority as per ANNEXURE – D. h) No Conviction Certificate from State Drugs Controller, that no case is pending against the firm under the Drugs and Cosmetics Act and Rules made there under as well as under the Drugs Price Control Order issued from time to time. i) Copies of the Balance sheets for the last two financial years to establish the turnover of the bidder. j) Copies of Documents/work qualification certificates pertaining for such services provided in the Government Sector/PSU’s/ Reputed Corporate Sector. k) ESI registration Certificate. l) EPF registration Certificate. Envelope No. 2 :- Called “Commercial Bid Envelope” which shall contain :Duly filled prescribed Bid form (Price Bid as per ANNEXURE B) containing the Discount offered. 6.2 a) The Bid is liable to be rejected, if the information/documents have not been furnished as asked for in Clause - 6.01 (B). b) Individual signing the Bid and other Documents must specify whether signs as: i. A sole proprietor of the firm, or constituted attorney of such proprietor. ii. A partner of the firm, if it is a partnership firm and in this case he must have a clear legal authority to sign, answer and admit to refer disputes to arbitration. iii. Constituted Attorney, if it is a company.

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

Note: 1. In case of (ii) above a copy of the Partnership Deed, General Power of Attorney, duly attested by a notary public and an affidavit to the effect that all the partners admit execution of the partnership and the General Power of Attorney be furnished. 2. In case of Partnership, where no authority to refer disputes concerning the business or the partnership has been conferred on any such partner, the Bid and all other related documents must be signed by every partner of the firm. 3. A person signing the Bid form or any documents forming part of the bid on behalf of another shall be deemed under warranty that he has authority to bind with his acts such other person. If on enquiry, it appears that the person so signing has no authority to do so, the NITK-Surathkal without prejudice to other Civil and Criminal remedies can cancel the contract and hold the signatory responsible for all costs and conveyances arising there from. 6.3 Both the Technical Bid and the Commercial Bid Envelopes shall be sealed separately and shall clearly indicate “ Envelope No.1 – Technical Bid” and “ Envelope No.2-Commercial Bid” respectively. Both the sealed envelopes shall be kept in the “Third Envelope”, shall be sealed and superscripted "Outsourcing of Pharmacy Activities at NITK Health Care Centre" and should be addressed to the ‘The Director , National Institute of Technology Karnataka –Surathkal, P.O Srinivasnagar, Mangalore,Dakshina Kannada, Karnataka, PIN : 575 025”. The Tender Notification Number shall be written on all the Envelopes and the Envelopes shall be properly sealed.

6.4

PERIOD OF VALIDITY OF BIDS

The Bids shall be valid for acceptance for 90 Days after the date of bid opening prescribed by the Director, NITK-Surathkal and shall be further extendable by another 30 Days at the request of the Director, NITK-Surathkal.

6.5

PERIOD OF CONTRACT

The period of the contract shall be for a period of one year from the date of the signing of the contract. However, strictly on the basis of the satisfactory services & performance, it is liable to be extended for a period of two more years at the sole discretion of the Director, NITK-Surathkal, Mangalore on the same terms and conditions.

6.6 RIGHT TO ACCEPT / REJECT ANY BID The Director, NITK-Surathkal, Mangalore reserve the right to accept any bid, and to annul the bidding process and reject all bids at any time without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the NITKSurathkal’ action. The Director, NITK-Surathkal doesn’t pledge himself to accept the highest discount offering Bid or any Bid and reserves to himself the right of accepting the whole or any part of the Bid and Bidder shall execute the scope of work.

6.7

PERFORMANCE SECURITY GUARANTEE

The Successful bidder will have to furnish a Performance Guarantee for an amount of ₹ 3,00,000/(Rupees Three Lakhs Only) either in the form of Bank Guarantee valid for 38 months (as per format at ANNEXURE –A) which is issued by the Scheduled Bank or through Demand Draft payable to “ The Director, NITK-Surathkal, Mangalore”. No claim shall be made against “The Director, NITK-Surathkal, Mangalore” in respect of interest if any on the Performance Security. The Performance Bank Guarantee should remain valid upto TWO months beyond the validity of the contract/extension of contract.

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

6.8

CORRUPT OR FRADULENT PRACTICES

(i)

The NITK-Surathkal requires that the Bidder under this bid observes the highest standards of ethics during the procurement and execution of such contracts. (ii) In pursuance of this policy, the terms are set forth as follows : a) “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of the public official in the procurement process or in contract execution; and b) “Fraudulent Practice” means misrepresentation of facts in order to influence the procurement process or execution of a contract to the detriment of the NITK-Surathkal, and collusive practice among Bidder (prior to or after bid submission) designed to establish bid prices at artificial noncompetitive levels and to deprive the NITK-Surathkal of the benefits of the free and open competition; (iii) The NITK-Surathkal will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; (iv) The NITK-Surathkal will declare a firm ineligible, either indefinitely or for a specified period of time, for award of the contract if at any time it determines that the firm has engaged in corrupt and fraudulent practices in competing for or in executing the contract. 6.9

FORFEITURE

The Earnest Money may be forfeited if a Bidder withdraws its tender during the period of bid validity or in case of a successful Bidder, if the Bidder fails; i. ii.

7

To sign the contract in accordance with the terms and conditions, and To furnish Performance Security as specified in the terms and conditions.

SUBMISSION OF BIDS 7.1 The Bidders will submit the Bid documents by dropping it sealed in the Tender Drop Box at the Accounts Section-III of NITK-Surathkal, Mangalore by the time and date as stipulated in the Bidding Schedule. The Bids received after this date will not be entertained. 7.2 Any conditional Bid will not be accepted.

8

PRICING The Bidder should quote uniform discount on Maximum Retail Price (M.R.P) printed on Strip / Bottle / Unit packed in percentage term in respect of all Allopathy, Ayurveda & Homeopathy Medicines/Drugs, Vaccines, Surgical and Dental Items and equipments, Laboratory Investigation reagents, Antiseptic lotions for stocking and Dispensing to be made under the Contract. The quoted rate/offer shall remain valid for the entire duration of the contract/extension of contract.

9

PHYSICAL VISIT OF THE SITE The Bidders are free to visit the provisions of the Pharmacy outlet at the Institute Health Care Centre and physically verify the premises during the working hours of the Health Care Centre with the permission of the Institute Medical Officers/Authorities.

10 OPENING OF BIDS Tenders shall be opened at NITK-Surathkal, Mangalore. One representative of the Bidder having the Authority letter (ANNEXURE-D) can attend the Bid opening event. The Technical Bid envelopes are to be opened in the first instance at the time and date stipulated in the Bidding Schedule. Thereafter in the second stage the Commercial Bid Envelope shall be opened only of the acceptable offers based on the evaluation of the Technical Bids, which shall be intimated to the bidders accordingly.

11 NOTIFICATION OF ACCEPTANCE OF BID The Director/Registrar, NITK-Surathkal, Mangalore will communicate acceptance of the bid by a letter. Page 7 of 23

Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

12 MISCELLANEOUS 12.1 12.2

12.3 12.4 12.5

12.6

12.7

12.8 12.9 12.10

The appointed Outsourced Pharmacy will as and when required attend the meeting fixed by the Institute Authorities or by the Institute Health Care Committee. The Bidder’s Earnest Money Deposit (E.M.D) will be discharged / returned within 30 Days after the expiration of the period of tender offer validity prescribed by the NITK-Surathkal or after the completion of the tendering process. The Outsourced Pharmacy shall have its own approved letter pad, rubber stamp seal etc. Only Qualified Pharmacists shall dispense the Medicines/Drugs at the Pharmacy outlet of the Institute health Care Centre. The Out sourced Pharmacy shall produce Registration Certificate of the Qualified Person (Pharmacist) engaged in Dispensing of the Medicines/Drugs and comply with the standards of Drugs and Cosmetics Act 1940 and Rules 1945. An outlet to run the Pharmacy will be provided at the Institute Health Centre and it is the sole responsibility of the Outsourced Pharmacy to maintain the structure of the outlet and any alteration or modification (Civil / Electrical), if necessary is to get the approval of the Director, NITK-Surathkal. Nominal Licence fee of ₹ 1,750/- per month for the Pharmacy Outlet and electricity charges at a flat rate of ₹ 750/- per month will be charged and should be paid by 10th of every month by the Outsourced Pharmacy. Failure to pay, an interest at 18% will be applied. The Outsourced Pharmacy shall personally run the Pharmacy as per the contract agreement and should not sublet. The Possession of the Premises (Pharmacy Outlet) granted to the Outsourced Pharmacy shall continue with the NITK-Surathkal and the Licence shall be given only to stock / dispense the medicines/drugs. No Advance Payment shall be made to the successful bidder, by NITK-Surathkal in any form or under any circumstances.

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

SECTION – II Conditions of Contract

1. ESTABLISHING THE OUTSOURCED PHARMACY The Outsourced Pharmacy will run the pharmacy in the outlet provided inside the Health Care Centre, NITKSurathkal and should be established immediately by the successful bidder after signing the agreement of licence/contract at his own cost.

2. TRANSFER OF EXISTING STOCK The Outsourced pharmacy shall accept all the existing stocks of medicines/drugs/items stored by the previously outsourced pharmacy, which was authorised by NITK-Surathkal on Licence/Contract agreement basis.

3. COLLECTION OF INDENT TO STOCK The Institute Resident Medical Officer will indent the required branded Allopathy, Ayurveda & Homeopathy Medicines/Drugs, Vaccines, Surgical and Dental Items and equipments, Laboratory investigation reagents, Antiseptic lotions of reputed companies and the Authorised Outsourced Pharmacy should make stock of the indented items within 24 hours of the indent.

4. DISPENSING AS PER PRESCRIPTION 4.01 4.02

The medicines/Drugs are to be dispensed to the Beneficiaries as per the prescription of the Institute Medical Officers and the visiting Consultants for the period mentioned in the prescription. The Dispensing Job should be done by a Registered Pharmacist (Qualified Person).

5. NON SUBSTITUTION In case of indent for specific brand of medicines, the brand shall not be substituted.

6. PACKED SUPPLIES The Medicines/Drugs are to be dispensed as per the original packing of the Manufacturer.

7.

LIFE PERIOD OF MEDICINES SUPPLIED Every Medicine has its own shelf-life period mentioned on the label of medicine. The shelf life of all items stocked or Dispensed should not have passed more than half of its shelf time.

8.

PRESENTATION OF BILLS 8.01

The Outsourced Pharmacy shall present the Bill to the Medical Officer, for the dispensing 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 dispensing made each day such as name of the item, name of the manufacturer, batch number, date of manufacture & expiry date, name of the patient, prescription slip number with date, discount as per contract etc. and any other information required by the NITK-Surathkal Authorities.

8.02

The Bills shall be supported by the Purchase Invoice of the Outsourced Pharmacy and Original indent along with the Certificate from the Institute Medical Officer of the Health Care Centre under his/her signature, with date, seal of the office for receipt of the items indented. NB: Incomplete bills not accompanied by any of the particulars mentioned above will not be entertained.

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

9. PERIOD UPTO WHICH SUPPLY ORDERS WILL BE PLACED Supply orders will be placed against the contract up to the last date of the contract. Indent/Prescription received even on the closing date should be honoured in accordance with the terms of the contract, even though the last date of the contract may have expired on the date of supply of medicines.

10. PERFORMANCE SECURITY The amount of Performance Security shall be liable to be forfeited, if the medicines/drugs, surgical items etc. are not as per the indent of the institute Resident Medical Officer or not conforming to quality. The Performance Security is also liable to be forfeited if the Outsourced Pharmacy: 1. Fails to adhere to the terms and conditions of the contract, 2, Stocks/Dispenses any sub-standard, spurious drugs or the substitute medicines. 3. Delayed supplies. 4. Over Charges. The outsourced Pharmacy should not stop the supplies of the medicines/drugs without giving three months’ prior notice.

11. DEDUCTIONS FOR DELAY / DEFAULT 11.01

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 the outsourced pharmacy will be penalized with ₹ 1,000 + cost of the specific brand of medicines for each such default.

11.02 The indented medicine/drugs should be made available at the outsourced pharmacy within 24 hours of the indent by the Resident Medical Officer. In the event of non-stock of Medicines /Drugs as per the indent in time as aforesaid, ₹ 500/- will be deducted from the bill of the Outsourced Pharmacy for each day or part thereof of delay in respect of each item.

12. TERMINATION FOR DEFAULT NITK-Surathkal 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 : 12.01 12.02 12.03

If the bidder fails to provide any or all of the services within the period(s) specified in the contract . If the bidder fails to perform any other obligation(s) under the Contract. If the bidder, in the judgment of the NITK-Surathkal, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

13. SUPPLY/STOCK/DISPENSING OF MEDICINES/DRUGS. 13.01 Sufficient stock of branded and standard quality of medicines/drugs at all time as indented by the Institute Medical Officer, will have to be maintained by the outsourced Pharmacy, to avoid inconvenience in supply of medicines to the NITK-Surathkal Beneficiaries. 13.02 In case of failure or refusal on Outsourced Pharmacy to stock/dispense the medicines/drugs to the beneficiaries within the time as provided in clause 3 & 4 of section II, the contract is liable to be terminated/ cancelled at the Outsourced Pharmacy’s risk and cost. Any extra cost involved in arranging the supply from alternate source will be recovered from the Outsourced Pharmacy. 13.03 The medicines/drugs to be stocked / dispensed will be of standard quality. In case it is found that any particular medicine’s date is expired or is near the date of expiry, found not of standard quality, substandard or spurious, appointed Outsourced Pharmacy will be liable to be debarred for a period of 3 years besides other legal action that may be initiated. In case the Outsourced Pharmacy fails to stock intended medicines/drugs, the NITK-Suathkal will be entitled to procure the same from Pharmacy Distributors and the Outsourced Pharmacy will be liable to reimburse in full the price paid by the NITK-Surathkal. Page 10 of 23

Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

14. INDEMNITY The bidder shall indemnify the NITK-Surathkal 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 NITK-Surathkal in consequence to any action or suit being brought against the bidder for anything done or committed to be done in the execution of this contract. The bidder will abide by the job safety measures prevalent in India and will free the NITK-Surathkal 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 the indemnities arising from such incidents without any extra cost to NITK-Surathkal and will not hold the NITK-SURATHKAL responsible or obligated. The NITK-Surathkal 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.

15.

PAYMENT The Authorised Outsourced Pharmacy shall claim payments twice a month (every fortnight). Payments of the bills presented will normally be arranged in 4 to 6 weeks from the date of presentation of the bill. However the Outsourced Pharmacy shall make no claim from NITK-Surathkal in respect of interest or damages in case the payment is delayed for any reasons.

16.

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 NITK-Surathkal 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 for arbitration, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (No.26 of 1996). The fees, if any, for the arbitration including arbitrator fees, if required to be paid before the award is made and published, shall be borne by the Licence/Contract holder. The Arbitrator’s award is the final and Conclusive.

17.

NOTICES 17.01 Any notice given by one party to the other pursuant to this contract shall be sent to the other party in writing by registered post or by facsimile and confirmed by original copy by post to the other party’s address as below: NITK-Surathkal: The Registrar, NITK-Surathkal, P.O-Srinivasnagar, Mangalore, PIN: 575 025 Bidder

: _____________________________________________________________ _____________________________________________________________

17.02 Notice shall be effective when delivered or on the notice’s effective date, whichever is later. --0--

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

ANNEXURE - A OUTSOURCING OF PHARMACY ACTIVITIES AT NITK-SURATHKAL HEALTH CARE CENTRE PERFORMANCE SECURITY FORM (PSF) (For an amount of ₹ 3,00,000/-)

To, The Director National Institute of Technology Karnataka P.O-Srinivasnagar, Surathkal Mangalore, Dakshina Kannada PIN : 575 025 WHEREAS __________________________________________ (Name of successful bidder) herein after called “Successful Bidder” has undertaken the contract of Outsourcing of Pharmacy Activities at the Health Care Centre of NITK-Surathkal, vide Contract No. ______________________________ dated, _____________ 2016 to stock the Medicines/Drugs as per the indent of Institute Medical Officer and Dispense the same to the Beneficiaries as per the prescription of the Institute Medical Officers and the Visiting Consultants, herein called “the Contract” in pursuance of Tender Document No………………………………… dated: _____________ issued by _____________. AND WHEREAS it is one of the terms of the tender document that the successful bidder has to submit a performance bank guarantee by a scheduled bank for entering into this contract. AND WHERAS it has been stipulated by you in the said contract that the successful bidder shall furnish you with a bank guarantee by a scheduled bank for the sum specified therein as security for the compliance with the successful bidder’s performance obligations in accordance with the contract. AND WHEREAS we have agreed to give guarantee for the successful bidder. 1. THEREFORE WE hereby affirm that we are guarantors and responsible to you up to a total sum of ₹ 3,00,000/- (Rupees Three Lakhs Only) and we undertake to pay you, upon your first written demand declaring the successful bidder to be in default under the contract and without demur cavil or argument, any sum or sums within the amount as aforesaid, without your needing to prove or to show the grounds or reasons for your demand or the sum specified therein. 2. A Letter from your office that the successful bidder has committed default in the due and faithful performance of all or any of its obligations under and in accordance with the contract shall be conclusive, final and binding on us. We further agree that you shall be the sole judge as to whether the successful bidder is in default in due and faithful performance of its obligations under the contract and your decision that he is in default shall be final and binding on us notwithstanding any differences between you and successful bidder or any disputes between you and him pending before an Arbitrator or any other court or tribunal or authority. 3. In order to give effect to his guarantee you shall be entitled to act as if we are the principal debtor and any change in your constitution or that of successful bidder not, in any way, or manner affect our liability or obligation under this guarantee. 4. You shall have liberty, without affecting in any manner our liability under this guarantee, to vary at any time, the terms and conditions of the contract or to extend the time or period for compliance or to postpone for any time the exercise of any of your rights or enforce or forebear from enforcing any of the terms and conditions of the contact and we shall not be released from our liability or obligation under this guarantee by any exercise of such liberty by you or other forbearance, indulgence, act or omission on your part. 5. We undertake not to revoke this guarantee during its currency.

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

6. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to us at above referred branch, which shall be deemed to have been duly authorized to receive such notice and to effect payment thereof forthwith, and if sent by post it shall be deemed to have been given at the time when it ought to have been delivered in due course of post and in proving such notice, when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and a certificate signed by any of your officers that the envelope was so posted shall be conclusive. 7. This guarantee shall come into force with immediate effect and shall remain in force and effect for a period of entire duration of the contract or during its extension or until it is released by you pursuant to the provisions of the contact.

Signed and sealed this

day of

2016 at

SIGNED, SEALED AND DELIVERED For and on behalf of (Name of the bank) By:

(Signature)

(Name)

(Designation)

(Address)

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

ANNEXURE – B OUTSOURCING OF PHARMACY ACTIVITIES AT NITK-SURATHKAL HEALTH CARE CENTRE PRICE BID From: (Complete Address of the bidder with Phone/Fax & Mobile No.)

To, The Director National Institute of Technology Karnataka P.O-Srinivasnagar, Surathkal Mangalore, Dakshina Kannada PIN: 575 025

Dear Sir, I / We offer to stock the Branded Allopathy, Ayurveda & Homeopathy Medicines/Drugs, Vaccines, Surgical and Dental Items and equipments, Laboratory Investigation reagents, Antiseptic lotions of well reputed Companies as indented by the Institute Resident Medical Officer and dispense the same to the Beneficiaries as per the prescription of the Institute Medical Officers and the Visiting Consultants at the rates in percentage given below:1. Uniform Discount on the Maximum Retail Price (M.R.P) Offered on the following categories: A. For Allopathy , Ayurveda & Homeopathy Medicines/ Drugs a.

b

___________________________________________ ( In percentage term – in Figures)

___________________________________________ ( In percentage term – in Words)

B. For Vaccines a.

b

___________________________________________ ( In percentage term – in Figures)

___________________________________________ ( In percentage term – in Words)

C. For Surgical and Dental Items and equipments a.

b

___________________________________________ ( In percentage term – in Figures)

___________________________________________ ( In percentage term – in Words)

P.T.O Page 14 of 23

Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

D. For Laboratory Investigation Reagents a.

b

___________________________________________ ( In percentage term – in Figures)

___________________________________________ ( In percentage term – in Words)

E. For Antiseptic Lotions a.

b

___________________________________________ ( In percentage term – in Figures)

___________________________________________ ( In percentage term – in Words)

2. I/We undertake to keep the above quoted rate of discount on the Printed Maximum Retail Price on all items stocked and dispensed valid till the duration of this contract/extension of contract. 3. I/We also undertake that the medicines/ drugs shall be stocked as per the indent and dispensed as per the contract/extension of contract and no “Substitute Medicines/Drugs” will be stocked/Dispensed.

Signature ………………………………. Name………………………………….....

Rubber Stamp Seal.

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

ANNEXURE - C OUTSOURCING OF PHARMACY ACTIVITIES AT NITK-SURATHKAL HEALTH CARE CENTRE Declaration of Bidder From: (Complete Address of the bidder with Phone/Fax & Mobile No.)

To, The Director National Institute of Technology Karnataka P.O-Srinivasnagar, Surathkal Mangalore, Dakshina Kannada PIN: 575 025

Dear Sir, 1. 2. 3.

4. 5.

6. 7. 8. 9.

I/ We hereby accept the existing stocks of medicines/drugs/items stored by the previously outsourced pharmacy licenced by NITK-Surathkal. I/We hereby agree to run the Pharmacy in the outlet provided at the Health Care Centre of NITKSurathkal.as per the requirements of NITK-Surathkal. I / We hereby offer to stock and dispense medicine at the Outsourced Pharmacy of the Health Care Centre, NITK-Surathkal as indicated in the Bid notice, you may specify in the acceptance of Bid at the rate in percentage given in Price Bid attached and agree to hold this offer open till …………….. I / We shall be bound by a communication of acceptance dispatched within the prescribed time. I / We have understood the Instructions to the Bidders and Conditions of Contract and fully accept them. I / We are fully aware of the nature of Medicines/Drugs required and my / our offer is to stock the Branded Allopathy, Ayurveda & Homeopathy Medicines/Drugs, Vaccines, Surgical and Dental Items and equipments, Laboratory Investigation reagents, Antiseptic lotions of well reputed Companies as indented by the Institute Medical Officer and dispense the same to the Beneficiaries as per the prescription of the Institute Medical Officers / Visiting Consultants in accordance with the requirements of the NITK-Surathkal. I / We agree to arrange supplies of branded standard quality medicines/drugs in accordance with the nomenclature, specifications, packages and quantity indented by the Institute Medical Officer. I /We agree to dispense the Medicines/Drugs to the beneficiaries of NITK-Surathkal by Qualified Professionals (Pharmacists) at all time. I /We agree that the stocking and dispensing of aforesaid will comply with the provisions of Drugs & Cosmetics Act, 1940 and rules 1945 made there under. My / Our firm has not been convicted by the State Drugs Authorities and no case is pending under the Drugs and Cosmetics Act 1940 and Rules 1945

SIGNATURE OF WITNESS NAME : ADDRESS :

SIGNATURE OF BIDDER NAME: ADDRESS:

DATE :

DATE:

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Tender Document for Outsourcing of Pharmacy Activities at the Institute Health Care Centre, NITK-Surathkal-2016-17

ANNEXURE –D Letter of Authority (To be signed by the Head of the firm)

OUTSOURCING OF PHARMACY ACTIVITIES AT NITK-SURATHKAL HEALTH CARE CENTRE Shri/Smt………………………………………………………. working as …………………………… in (Name of the Firm/Chemist shop) ……………………………….. has been authorized to sign the Tender Document No. ………………………………….. for the Outsourcing of Pharmacy Activities at NITK-Surathkal Health Care Centre on our behalf. He /She is also authorized to conclude the contract and take decisions whatever is necessary in connection with this tender. The specimen signature of Shri/Smt ………………………………………….. (Name of the Authorised person) are given below and duly attested by us.

Specimen Signature of Shri/ Smt……………………………

Attested by: Signature: Name of the partner/ proprietor of chemist shop with Stamp

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Agreement for Licence /Contract to undertake Outsourcing of Pharmacy activities at the Health Care Centre, NITK-Surathkal -2016-17

AGREEMENT OF LICENCE/CONTRACT TO UNDERTAKE OUTSOURCING OF PHARMACY ACTIVITIES At

NITK-Surathkal Health Care Centre

BETWEEN

NITK-SURATHKAL AND Licence / contract holder

AS OF

, 2016

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Agreement for Licence /Contract to undertake Outsourcing of Pharmacy activities at the Health Care Centre, NITK-Surathkal -2016-17

Whereas the Institute had invited tenders (Tender Notification No. …………………………………………………..date: ) from the interested and eligible Pharmacy Licence holders/ Chemists for outsourcing of pharmacy activities at the Health Care Centre of NITK-Surathkal for the use and benefit of the Beneficiaries of the Institute. Whereas among several Pharmacy Licence holders / Chemists, who had applied for the tender, after negotiations with the short listed parties, the Institute found that the quotation of Sri…………………………………………. s/o …………………, aged ………. years, residing at ……………………………………………………….. as most reasonable and acceptable and decided to grant the permission to him for undertaking the outsourcing of pharmacy activities at NITK-Surathkal on the agreed terms and conditions. This Licence/Contract agreement is made at NITK-Surathkal and entered into as of this _____ day of _________ in the year ________ , by and between :

Which constitute the “Licence /Contract holder”, which expression shall unless it is repugnant to the context or meaning thereof shall deem to mean and include its successors and assigns of the ONE PART. AND The Registrar, National Institute of Technology Karnataka, Surathkal , hereafter referred to as “NITK-Surathkal”, which expression shall unless it be repugnant to the context or meaning thereof shall deem to mean and include its successors and assigns of the OTHER PART. NOW,THEREFORE, IT IS HEREBY AGREED between the Parties as follows: Article 1: Effective Date The Institute hereby agrees to grant the permission to Sri………………………… to undertake outsourcing of Pharmacy Activities as per SCOPE OF WORK in SECTION-I of the tender notification (which is annexed and will be a part and parcel of this Licence/contract agreement, for all purposes) at the Institute Health Care Centre for a period of One Year, on Licence/contract basis, from the date of signing this Licence agreement or until otherwise terminated as provided for in this Licence/contract and which may be extended for another two years, after satisfactory services and performances in the previous year, by mutual consent under same terms and conditions or modified accordingly with the consent of both the parties. Article 2: General Provisions

a) b)

c) d) e) f) g) h) i) j) k) l) m) n)

DEFINITIONS & INTERPRETATIONS “Licence/contract” shall mean this Agreement and all Schedules, supplements, appendices, appendages and modifications thereof made in accordance with the terms of this Agreement. “Outsourced Pharmacy” means a Licenced Pharmacy operating inside the Institute Health Care Centre, which is authorized by NITK-Surathkal under this agreement on contract/licence basis and where the medicines/drugs are Dispensed as per the prescription of the Institute Medical Officers/Visiting Consultants/Outsource Health Care Services Provider’s Doctors. “Licence/Contract holder” means the successful bidder/Pharmacist recognized by NITK-Surathkal to establish the Outsourced Pharmacy. “Pharmacist” means a qualified, good conduct, experienced and registered Diploma or Degree in Pharmacy holder. “Deployed persons” means the manpower provided by the Licence/Contract holder. “Institute” means National Institute of Technology Karnataka,Surathkal (NITK-Surathkal) and shall deem to mean and include its successors and assignees. “Beneficiaries” means the NITK-Surathkal Students, Temporary Employees’ only (not their dependents) and Permanent Employees’ & their eligible Dependents. “Health Care Centre” means the Dispensary of the institute. “Medical Officers” means Resident Medical Officer (R.M.O) or the Medical Officers of the Institute. “Patient” means a Beneficiary suffering from a disease. “Quoted Rate” means the rates quoted by the Licence/Contract holder. “Bill Set” means the bundle containing the Purchase Invoice, Daily Statement of Medicines Dispensed, Bills for each Prescription, Certificate of Resident Medical Officer, etc., “Party” shall mean either the Institute or the Licence/Contract holder and “Parties” shall mean both the Institute and the Licence/Contract holder. “Visiting Consultant” mean Specialists/Doctors appointed by NITK-Surathkal to provide specialization medical treatment to the Beneficiaries on honorarium basis. Page 19 of 23

Agreement for Licence /Contract to undertake Outsourcing of Pharmacy activities at the Health Care Centre, NITK-Surathkal -2016-17

Article 3: Outsourced Pharmacy Activities

3.1

The Licence/Contract warrant that he/she has all the required facilities/licences/certificates etc., for undertaking the Outsourced Pharmacy with their own Pharmacists to execute the ‘SCOPE OF WORK’ in SECTION-I of the Tender Notification ,which is annexed and will be a part and parcel of this Licence/contract agreement, for all purposes as under: a. The The Licence/Contract Holder shall stock at the Outsourced Pharmacy, the Branded Allopathy, Ayurveda & Homeopathy Medicines/Drugs, Vaccines, Surgical and Dental Items and equipments, Laboratory Investigation reagents, Antiseptic lotions of well reputed Companies as indented by the Institute Resident Medical Officer and dispense the same to the Beneficiaries as per the prescription of the Institute Medical Officers and the Visiting Consultants,in accordance with the requirements of the NITK-Surathkal. b. The outsourced Pharmacy will function during the working hours/days as that of the Institute Health Care Centre working hours/days and as per the requirements of NITK-Surathkal.

3.2

The Licence/Contract holder agree to accept the already stocked medicines/drugs/reagents/items by the previously outsourced pharmacy M/s………………………………………………, which was authorized by NITK-Surathkal under Licence/contract agreement basis.

3.3

The Licence/Contract holder shall have his own qualified, good conduct, experienced Pharmacists for dispensing the Medicines/Drugs at the Outsourced Pharmacy outlet of the Institute Health Care Centre.

3.4

The Licence/Contract Holder /Out sourced Pharmacy shall produce Registration Certificate of the Qualified Person (Pharmacist) engaged in Dispensing of the Medicines/Drugs and comply with the standards of Drugs and Cosmetics Act 1940 and Rules 1945.

3.5

The payment of salary, EPF, ESI, bonus etc., to the deployed persons is to be borne by the Licence/Contract holder.

3.6

The Licence/Contract holder would utilize the Outlet provided in the Institute Health Care Centre for establishing the Outsourced Pharmacy and take full responsibility of the same during its activities.

3.7

It is the sole responsibility of the Licence/Contract holder to maintain the structure of the Pharmacy outlet in the Institute Health Care Centre and any alteration or modification (Civil / Electrical), if necessary, is to get the prior approval of the Director, NITK-Surathkal

3.8

The Licence/Contract Holder agrees to offer …………….% Discount on Allopathy, Ayurveda & Homeopathy Medicines/Drugs, ……………% Discount on Vaccines, ………..% Discount on Surgical and Dental items and equipments, ………..% Discount on Laboratory Investigation reagents, ……..% Discount on Antiseptic Lotions.

3.9

The Licence/Contract holder agrees to undertake the outsourcing of Pharmacy Activities at the quoted rates for the entire duration of the contract/extension of contract.

3.10

The Possession of the Premises (Pharmacy Outlet) granted to the Licence (contract) Holder/ Outsourced Pharmacy shall continue with the NITK-Surathkal and the Licence/Contract shall be given only to stock / dispense the medicines/drugs.

Article 4: Quality of Services. 4.1

The Licence/Contract holder will treat the Institute Beneficiaries in a courteous manner and according to good medical practices.

4.2

The Licence/Contract Holder shall follow the standard procedures for Stocking / Dispensing of the medicines/ Drugs, and as directed by the Institute Resident Medical Officer.

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Agreement for Licence /Contract to undertake Outsourcing of Pharmacy activities at the Health Care Centre, NITK-Surathkal -2016-17

Article 5: Billing Procedure /Checklist for the Licence/Contract holder – Submission for the claim. The Licence/Contract holder will submit the following for the claim : 5.1. The Licence Holder shall present the Bills to the Medical Officer for the dispensing made at the Outsourced Pharmacy 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 dispensing made each day such as name of the patient, name of the drug/medicine/item, name of the manufacturer, batch number, date of manufacture & expiry date, prescription slip number with date, discount as per contract etc. and any other information required by the NITK-Surathkal Authorities. 5.2. The Bills shall be supported by the Purchased Invoice of the Outsourced Pharmacy and Origin al indent along with the Certificate from the Institute Medical Officer of the Health Care Centre under his/her signature, with date, seal of the office for receipt of the items indented. Article 6: Payment Terms and conditions 6.1.

6.2.

The Licence/Contract Holder has paid a sum of ₹ 3,00,000/- (Rupees Three Lakhs Only) as Performance Security amount at interest free deposit (vide DD receipt No. Dated: / Performance Guarantee No. , Name of the Bank , Branch dated: ) to the Institute which are refundable to the Licence/Contract Holder on the expiry of the period of this Licence/Contract agreement, after deducting any dues / all the dues or otherwise. The Institute agrees to process the bill set and arrange for the payment through the Cheque within 30 working Days from the date of receiving the bill set (hard copies), if any delay in payment occurs under any circumstances/situations, the Licence/Contract holder is not entitled to claim any compensation/interest etc., from NITK-Surathkal.

Article 7: Limitations of liability and indemnity 7.1

The Licence/Contract holder is responsible for all commissions and omissions in providing its pharmacy activities and will also be responsible for all legal consequences that may arise. The Institute will not be held responsible for the outcome of its pharmacy activities provided by the Licence/contract holder/outsourced Pharmacy and should any legal complications arise and is called upon to answer, the Licence/Contract holder should defend the same at their cost.

7.2

The Licence/Contract holder admits and agrees that if any claim arises out of` alleged deficiency in its activities/service on their part or on the part of their deployed persons or agents, then it will be the duty of the Licence/Contract holder to answer such claim. In the unlikely event of the Institute being proceeded against for such cause of action and any liability was imposed on them, only by virtue of its relationship with the Licence/Contract holder, and then the Licence/Contract holder will step in and meet such liability on their own.

7.3

Notwithstanding anything to the contrary in this Agreement, neither Party will be liable by reason of failure or delay in the performance of its duties and obligations under this Agreement if such failure or delay is caused by non cooperation by the patient, acts of God, Strikes, lock -outs, embargoes, war, riots civil commotion, any orders of Governmental, Quasi-Governmental or local authorities, or any other similar cause beyond its control and without its fault or negligence.

Article 8: Confidentiality 8.1

The Licence/Contract holder undertake to protect the secrecy of all the data of Beneficiaries and this office and trade or business secrets of and will not share the same with any unauthorized person for any reason whatsoever within or without any consideration.

Article 9: Termination 9.1

Any deficiency in service by the Licence/Contract holder will be looked into by the technical committee of the Institute and if anything is found wanting, such Outsourced Pharmacy will be de-listed and the decision of the committee will be final.

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Agreement for Licence /Contract to undertake Outsourcing of Pharmacy activities at the Health Care Centre, NITK-Surathkal -2016-17

Article 10: DUTIES AND RESPONSIBILITIES OF LICNCE/CONTRACT HOLDER 10.1 It shall be the duty and responsibility of the Licence/Contract holder , at all times, to obtain, maintain and sustain the valid recognition and high quality and standard of its Pharmacy activities/services and to have all statutory / mandatory licenses/registrations/Certificates, permits or approvals of the concerned authorities under or as per the existing laws. 10.2

The Licence/Contract Holder shall display at the Outsourced Pharmacy: the Registration Certificate of the Firm, Licences to run the Outsourced Pharmacy, Registration Certificate of the Qualified Person and other Certificates as per the Standards of the Drugs and Cosmetics Act1940 and Rules 1945, which are obtained at his own cost.

10.3

The Licence/Contract holder shall from time to time intimate the Medical Officer/NITK-Surathkal authorities about the details of the personnel deployed for its activities/services.

10.4

The Licence/Contract holder shall personally run the outsourced pharmacy at the Institute Health Care Centre as per the contract agreement and should not sublet or assign or transfer, pledge or sub -contract to any person /Pharmacy/Agency/hospital.

Article 11: ARBITRATION If any dispute or difference of any kind whatsoever (the decision whereof is not herein otherwise provided for) shall arise between the Institute and Licence/Contract holder upon or in relation to or in connection with or arising out of the Agreement, shall be referred to for arbitration, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (No.26 of 1996). The fees, if any, for the arbitration including arbitrator fees, if required to be paid before the award is made and published,shall be borne by the Licence/Contract holder. The Arbitrator’s award is the final and Conclusive. Article 12: Miscellaneous 12.1

Authorized signatory / representative of the Licence/Contract holder shall attend the periodic meetings held by Director / Establishment of the Institute, required in connection with improvement of working conditions.

12.2

The Licence/Contract holder shall not make any commercial publicity projecting the name of the Institute.

12.3

Nothing under this Agreement shall be construed as establishing or creating between the Parties any relationship of Master and Servant or Principal and Agent between the Institute and the Licence/Contract holder.

12.4

The Licence/Contract holder shall not represent or hold itself out as agent of the Institute.

12.5

The Licence/Contract holder shall notify the Institute of any material change in their status and their shareholdings or that of any Guarantor of the Licence/Contract holder in particular where such change would have an impact on the performance of obligation under this Agreement.

12.6

Should the Licence/Contract holder get wound up or partnership is dissolved, the Institute shall have the right to terminate the Agreement. The termination of Agreement shall not relieve the Licence/Contract holder or their heirs and legal representatives from the liability in respect of the services provided by the Licence/Contract holder during the period when the Agreement was in force.

12.7

The Licence/Contract holder/Outsourced Pharmacy shall have its own approved letter pad, rubber stamp seal etc.

12.8

The Nominal Licence fee of ₹ 1,750/- per month as rent and electricity charges at a flat rate of ₹ 750/- per month will be charged and should be paid by 10 th of every month by the Licence/Contract holder. Failure to pay, an interest at 18% will be applied.

12.9

The Licence/Contract Holder shall abide by the instructions, rules and regulations of NITK -Surathkal in all matters.

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Agreement for Licence /Contract to undertake Outsourcing of Pharmacy activities at the Health Care Centre, NITK-Surathkal -2016-17

Article 13. NOTICES 13.1

The Both the parties, i.e. the Licence/Contract Holder as well as the Institute shall give a Three months notice in case of Termination in the middle of the contract period.

13.2

Any notice given by one party to the other pursuant to this Agreement shall be sent to other party in writing by registered post or by facsimile and confirmed by original copy by post to the other Party’s address as below:

1.

Institute : The REGISTRAR, National Institute of Technology Karnataka, Srinivasnagar(P.O), Surathkal, Mangalore, PIN: 575 025.

2.

Licence/Contract holder:

Witness thereof, this agreement was executed by or on behalf of the parties the 2016.

Signed by : (with seal)

day of

Month in the year

Registrar

In the Presence of (Witnesses with Name & Seal) 1.

Signed by: For and on behalf of Licence/Contract holder (with seal) In the presence of (Witnesses with Name & Seal) 1.

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