ODISHA STATE MEDICAL CORPORATION LIMITED (A GOVT. OF UNDERTAKING)

BID DOCUMENT

FOR

TRANSPORTATION OF LONG LASTING INSECTICIDE-

TREATED NETS (LLIN)

Reference No. OSMCL/2016-17/LOGISTICS/01 Date: 02.12.2016

Convent Square, Bhubaneswar – 751007, Odisha, Ph. No. (0674) 2380660, 2380950

Website: www.osmcl.nic.in, E-Mail: [email protected]

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CONTENT

Section Clause Component Page No.

Section – I 1 Background 5

General 2 Description & Directives 5 Information About Tender

1 Eligibility Criteria 9

2 Tenure of the Contract 9 Section – II 3 Important Notes for Bidders 10 Specific Information for 4 Bidding Process 10 Bidders 5 Award of Contract 12

6 Performance Security 13

1 Scope of Work 15 Section – III 2 Contract Management 16 Conditions of 3 Payment Terms 20 Contract 4 Resolution of Disputes 21

I Source District/ Regional Locations with CHC-wise 22 Distribution Plan of LLIN

II Format for Turnover Certificate 31

III Format for Submission of Clientele 32 (Details of Present and Past Clients) Annexure IV Format for Declaration 33

V Format for General Details of the Organization 34

VI Agreement Format 35

VII Format of Bank Guarantee for Performance Security 37

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NOTICE INVITING BID Odisha State Medical Corporation Limited (OSMCL) Convent Square, Unit – III, Bhubaneswar -751 007 Tel.: (0674) 2380950, Website: www.osmcl.nic.in, E-mail: [email protected] Bid Reference No. : OSMCL/2016-17/LOGISTICS/01 Date: 02.12.2016 Bids are invited from eligible transporters to transport Long Lasting Insecticide-Treated Nets (LLINs) from Regional Warehouses to the Community Health Centers (CHCs) of Odisha as per the details in Annexure I and as per the particulars mentioned below:

Sl. Particulars Date and Time No. 1. Date & time of release of bid 02.12.2016

2. Date & time of Pre-bid meeting 08.12.2016, 11 A.M. Venue: Tender Hall, OSMCL Last date & time for submission of OSMCL Office 3. 23.12.2016, 4 P.M. bid

Date & time of Technical bid 4. 23.12.2016, 4.30 P.M. opening Venue: Tender Hall, To be informed to the OSMCL 5 Date of opening of Price Bid technically qualified bidders

The bid document with all information relating to the bidding process including cost of bid document, EMD, Eligibility criteria and terms & conditions are available in the website: www.osmcl.nic.in. The Authority reserves the right to accept/ reject any part thereof or all the bids without assigning any reason thereof.

Sd/ Managing Director OSMC

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SECTION – I

GENERAL INFORMATION ABOUT TENDER

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1. Background Odisha State Medical Corporation Limited - OSMCL (Tender Inviting Authority) is a Govt. of Odisha Enterprise for providing services to the various health care institutions under the Department of Health & Family Welfare. Odisha State Medical Corporation Limited (OSMCL) is inviting bids for engagement of commercial transport vehicles for transportation of Long Lasting Insecticide-treated Nets (LLINs) to the Community Health Centers (CHCs) of Odisha (see Annexure I for CHC-wise details) on behalf of Director Health Services, Odisha. This agreement describes the terms and conditions under which the agency (successful bidder to whom contract is awarded) agrees upon to transport and deliver LLINs with its vehicles, for and on behalf of Director Health Services, Odisha.

Note: All products shall be owned by NVBDCP Wing and provided to the agency (successful bidder to whom contract is awarded) for delivery under the terms and conditions of this contract.

2. DESCRIPTION & DIRECTIVES

The Managing Director, Odisha State Medical Corporation Limited, Convent Square, Janpath, Bhubaneswar, Odisha (hereinafter referred as Tender Inviting Authority unless the context otherwise requires) invites bids/tenders for engagement of commercial transport vehicles for transportation of Long Lasting Insecticide-treated Nets (LLINs) to the Community Health Centers (CHCs) of Odisha as per Annexure I from Regional Warehouses.

Bids are invited for 5 (Five) Source Districts/ Regional Warehouses in this bid document. A bidder can quote for one Source District/ Regional Warehouse or for more than one Source District/ Regional Warehouse. The details are given below –

Sl. Source Recipient District Quantity Quantity Total Cost of EMD (Rs.) Remarks No. District/ of LLIN of LLIN Quantity of Tender Paper Regional (Single (Double LLIN (Nos.) including Warehouse/ Size) Size) Odisha Place (Nos.) (Nos.) VAT (Rs.) * Koraput, (Central Malkangiri and 1. Warehouse Nabarangpur 6,09,650 12,34,435 18,44,085 1,00,000/- CHC-wise Corporation, details Jaipur) are given Rayagada* Rayagada, 5,250/- in (Central Nuapada, Annexure 2. Warehouse Kalahandi and 7,05,013 14,27,529 21,32,542 1,00,000/- I Corporation, Gajapati Rayagada) 3. Keonjhar* Keonjhar, Deogarh 7,38,483 14,95,300 22,33,783 1,00,000/-

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(O/o CDMO, and Mayurbhanj Keonjhar) , Sambalpur* Bargarh, Bolangir, 4. (O/o CDMO, Jharsuguda, 9,01,204 18,00,581 27,01,785 1,00,000/- Sambalpur) Sonepur and Sundargarh Khurda* Khurda, , (Central Drug Boudh, Angul, Store, , Bhadrak, Bhubaneswar Jajpur, , 5. & Odisha Dhenkanal, , 8,26,844 16,04,546 24,31,390 1,00,000/- State Kendrapada, Warehouse Jagatsinghpur, Corporation, Kandhamal and Bhubaneswar) Total 37,81,194 75,62,391 1,13,43,585 5,250/- 5,00,000/-

Note: * Exact location within the city or periphery will be intimated before signing of contract. A bell/ pack of dimension (72 x 44 x 36) cm contains 40 pcs. of LLINs. Approximate weight of a bell/ pack is 26 kg. However, the size of the bell/ pack may vary.

3. The information to bidders for all the Source Districts are contained in a single bidding document. Bidders need not purchase more than one bid document even if they want to bid for more than one Source District. 4. OTHER RELEVANT INFORMATION a) Tender Type : Manual Tender, 2 envelop System - one labeled as Technical Bid and the other one as Financial Bid. b) Vehicles Required : Goods Carrier Vehicles of various capacity as per ordered quantity for transportation c) Mode of Operation : As and when required d) Nature of work : Transportation of LLINs e) EMD : In form of Demand Draft/ Pay Order in favour of Odisha State Medical Corporation Limited, payable at Bhubaneswar f) Cost of Tender Paper : Rs. 5,250/- (inclusive of Odisha VAT) in form of Demand Draft/ Pay Order in favour of Odisha State Medical Corporation Limited, payable at Bhubaneswar g) Important Dates : Tender Release: 02.12.2016 Pre-bid meeting: 08.12.2016, 11 A.M. in OSMCL Office Last date for Bid Submission: 23.12.2016, 4 P.M. Bid Opening: 23.12.2016, 4.30 P.M. in OSMCL Office h) Validity of Bid : 180 days from date of bid submission

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i) Address for communication : Odisha State Medical Corporation Limited & bid submission Convent Square, Janpath, Bhubaneswar – 751007 e-mail: [email protected] Note: The bidders shall be solely responsible for checking OSMCL website for any addendum/amendment issued subsequently to the release of bid document and take into consideration the same while preparing and submitting the bids.

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SECTION – II

SPECIFIC INFORMATION FOR BIDDERS

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1. ELIGIBILITY CRITERIA

The interested Bidders shall have to comply to the following criteria to participate in the tendering process -

a. Should be registered for under "Carriage by Road Act, 2007” and “Carriage by Road Rules, 2011”. (Self-attested copies of Registration Certificates to be furnished.) b. Must have either its registered office or operating office in Odisha. (Self-attested copy of documentary evidence in this respect to be furnished.) c. Should have all relevant statutory documents such as registration certificate of firm, PAN card, service tax registration certificate, etc. d. Should have minimum 5 (five) number of heavy vehicles with capacity of 6 tonnes or more to carry drugs/ pharmaceuticals/ perishable items/ consumable goods, etc. The heavy vehicle like tipper shall not be considered as a vehicle carrying drugs/ pharmaceuticals/ perishable items/ consumable goods, etc. for the purpose of this tender. (Copies of R.C. Books along with copies of Fitness Certificates to be furnished) e. Average annual turnover in last 3 financial years i.e. 2013-14, 2014-15 & 2015-16 should be at least Rs.10 lakh if the bidder participates for One Source District and Rs.30 lakh if the bidder participates for more than One Source District. (Report on financial standing of the Bidder such as Turnover Statement, duly certified by a Chartered Accountant as in Annexure II for the past three (3) Financial Years i.e. 2013-14, 2014-15 & 2015-16 to be furnished. Provisional Turnover shall not be considered.) f. Must have executed similar work (transportation of drugs/ pharmaceuticals/ perishable items/ consumable goods, etc.) during any of the last three (3) Financial Years i.e. 2013-14, 2014-15 & 2015-16. (A list of clients in Annexure III along with self-attested copies of Work Orders/ Contracts/ Completion Certificates/ Performance Certificates from the Employers as proofs of successful completion of the Contract are to be enclosed as supporting evidences.)

g. Should neither be convicted by any court of law nor be blacklisted/ debarred on financial/administrative/techno-legal ground by any appropriate authority. A declaration regarding this should be submitted in Rs. 100/- stamp paper in format prescribed at Annexure IV. The bidder should not be involved in any criminal or civil suit. If so, then details of all such suits should be submitted. Tender committee of OSMCL reserve the right to consider/ not consider any offer based on gravity/implication of suits pending against the bidder.

2. TENURE OF THE CONTRACT a. The contract shall be awarded for a period of one year from the date of signing of contract, which may be renewed for another six months subject to satisfactory performance of the Agency and with the mutual consent of both the parties.

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b. In the event of the contract being terminated by OSMCL before the completion of the contract period for reasons of unsatisfactory performance or breach of contractual conditions, the full Performance Security Deposit of the agency shall be liable to be forfeited.

3. IMPORTANT NOTES FOR BIDDERS: a. Vehicles Required: Goods Carrier Vehicles of various capacity as per ordered quantity for transportation. b. Payment will be made only for one side i.e. only the distance covered from the Regional Warehouse to the destination i.e. Community Health Centers/ identified locations of CHCs. c. EMD will be refunded to the unsuccessful bidders once the successful bidder submits the Performance Security and signs the Contract. d. EMD will be refunded to the successful bidder after submission of required Performance Security. e. In case of unwillingness of L1 bidder to enter into contract or bid withdrawal in any form, the EMD submitted by the bidder will be liable for forfeiture and OSMCL will have the right to proceed for a contract with the next lowest responsive bidder.

4. BIDDING PROCESS

The bidder should submit its proposal in two envelops - “Envelop A” and “Envelop B”. Envelop A should include qualification documents and Envelop B should contain financial offer. Documents to be submitted in the respective envelops are as follows:-

A. TECHNICAL BID - ENVELOP A: The Bidders have to submit following documents in their technical bids with page references-

Sl. No. Particulars Page No.

1. Cost of Tender Paper

2. EMD

Copies of Registration Certificates under “Carriage by Road Act, 3. 2007” and “Carriage by Road Rules, 2011

4. Copy of Service Tax Registration Certificate

5. Copy of PAN card

6. Turnover Certificate as per Annexure II

7. Declaration as per Annexure IV

8. Copies of R.C. Books along with copies of Fitness Certificates of owned heavy vehicles

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Documentary evidence showing execution of similar work (transportation of drugs/ pharmaceuticals/ perishable items/ 9. consumable goods, etc.) during the last three (3) Financial Years i.e. 2013-14, 2014-15 & 2015-16 as per Annexure III.

Bank Details of the bidder as follows –

10. a. Name of the Bank and Branch b. Savings/ Current Account c. Bank Account No. d. IFS Code

B. FINANCIAL BID - ENVELOP ‘B’ The Bidders have to submit the Financial Bids in the format prescribed below. This format should be put into a separate envelop, sealed properly and clearly marked as “Envelop B: Financial Bid for Long Lasting Insecticide-Treated Nets (LLINs) to the Community Health Centers (CHCs) of Odisha”. Sl. Source Distance No. of Approx. Rate per Approx. Total No. District/ Places km. To be pc./ km. No. of Cost** Regional to be covered (including LLINs to (Rs.) Warehouse/ covered all charges be Place like fuel, transporte lubricants d & oils, insurance, loading & unloading, etc. and excluding Service Tax) (In Paisa) 1 2 3 4 5 6 7 8 (=5x6x7) Koraput* 0 – 50 kms. 10 309 4,42,848 (Central 51 to 100 kms. 17 1152 8,76,327 1. Warehouse Corporation, Above 100 kms. 10 1426 5,24,910 Jaipur) Total (in Figure) Total (Rs...... ) only Rayagada* 0 – 50 kms. 7 164 3,25,961 (Central 51 to 100 kms. 6 438 3,30,612 2. Warehouse Corporation, Above 100 kms. 26 4188 14,75,969 Rayagada) Total (in Figure) Total (Rs...... ) only

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0 – 50 kms. 9 237 5,30,243 Keonjhar* 3. (O/o CDMO, 51 to 100 kms. 15 1096 7,95,929 Keonjhar) Above 100 kms. 17 2413 9,07,611 Total (in Figure) Total (Rs...... ) only 0 – 50 kms. 5 78 3,12,993 Sambalpur* 4. (O/o CDMO, 51 to 100 kms. 14 1130 4,22,384 Sambalpur) Above 100 kms. 34 5642 19,66,408 Total (in Figure) Total (Rs...... ) only Khurda* 0 – 50 kms. 3 72 4,60,843 (Central Drug 51 to 100 kms. 13 1041 5,65,983 Store, 5. Bhubaneswar & Above 100 kms. 29 5896 14,04,564 Odisha State Warehouse Corporation, Bhubaneswar) Total (in Figure) Total (Rs...... ) only

* Exact location within the city or periphery will be intimated before signing of contract. ** The Total Cost as at Column 8 above is for evaluation purpose only. However, contract will be per piece per km. basis. Note: 1) Rate to be quoted for one side i.e. distance from source place to the destination.

2) a) If there is a discrepancy between the rate and the line item total that is obtained by multiplying the rate by the quantity and km., the rate shall prevail and the line item total shall be corrected.

b) If there is an error in a total corresponding to the addition of subtotals, the subtotals shall prevail and the total shall be corrected accordingly.

c) If there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.

3) A bell/ pack of dimension (72 x 44 x 36) cm contains 40 pcs. of LLINs. Approximate weight of a bell/ pack is 26 kg. However, the size of the bell/ pack may vary.

Both Envelop A and Envelop B should be put into a bigger envelope and sealed. The envelope should be superscripted on top with the tender reference number and addressed to MD, OSMCL. Bid can be submitted through postal/courier services in office hours. OSMCL will not be responsible for any postal delays.

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5. EVALUATION AND SELECTION a) The bids shall be evaluated for each Source District separately in two stages i.e. technical evaluation and financial evaluation. b) The Financial Bids shall be opened of those bidders who will qualify in the technical evaluation. c) Financial Bids shall be opened in the presence of the technically qualified bidders’ representatives, who choose to attend in person at the address given below – Odisha State Medical Corporation Ltd. Convent Square, Bhubaneswar – 751007.

Date of Opening of Financial Bids shall be communicated to the technically qualified bidders.

6. AWARD OF CONTRACT: a) Contract for a Source District shall be awarded to the bidder whose bid will be determined to be substantially responsive and who has quoted the lowest evaluated total cost for that particular Source District (Total of Col. 8 of Financial Bid).

b) The Total Cost as at Column 8 above is for evaluation purpose only. However, contract will be per piece per km. basis. c) In case more than one bidder has quoted lowest total cost for a particular Source District, then the bidder having highest average annual turnover among them will be considered for award of contract. d) Intimation of offer for contract will be given by letter/ e-mail. The concerned bidder should acknowledge the same and submit the acceptance with agreement document and performance security within 10 days of intimation. In case of non-acceptance of agreement, OSMCL may proceed to the next lowest evaluated Bidder. 7. PERFORMANCE SECURITY: Performance Security acts as a safeguard against unsatisfactory performance or violation of contract agreement by the agency on the contract. Performance Security for an amount of Rs.2 Lakh per Source District shall be furnished in form of a Demand Draft/ Bank Guarantee. Format for Bank Guarantee is attached at Annexure VII. Performance Security is to be furnished within 10 days after Notification of Award/ Letter of Intent and it should remain valid for a period of 90 days beyond the date of completion of all contractual obligations of the agency.

In case of breach of contract by the agency, the Performance Security will be forfeited. If the agency duly performs and completes the contract in all respect, the Performance Security shall be returned without any interest, on completion of all such obligations under the contract.

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SECTION – III

CONDITIONS OF CONTRACT

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1. SCOPE OF WORK a. Transportation of Long Lasting Insecticide-Treated Nets (LLINs) to the Community Health Centers (CHCs) of Odisha. List of the delivery locations is at Annexure I. b. LLINs are highly sensitive commodities; therefore, the transporter should carefully and timely execute its work. c. Work Orders for transportation will be given mentioning the destination and no. of LLINs to be delivered. The invoices should be raised by the agency accordingly for payment process.

a. Responsibilities of Agency i. Transportation of Products 1. Provide transport for carrying of Long Lasting Insecticide-Treated Nets (LLINs) to the Community Health Centers (CHCs) of Odisha listed in Annexure I. 2. Loading of materials in the trucks from the Depots, unloading of materials from the trucks at the CHCs/ identified locations of the CHCs and keeping the materials in the space assigned are the responsibilities of the agency. 3. The agency will use utmost care and precaution, while transporting the products. 4. The agency’s responsibility with respect to the goods and materials which it has agreed to accept and transport shall attach as to each portion of the goods and materials when such goods and materials are being loaded upon the agency’s vehicle and shall terminate when the goods and materials are unloaded at their destination and a delivery voucher is signed without reference to any loss or damage by the recipient. 5. The agency will not overload any vehicles. 6. Any penalty incurred as a consequence of any overloading will be to the agency’s account. 7. The vehicles should be completely covered and secured to prevent from rain, wind, etc. while transporting the materials to the destinations. 8. The agency is responsible to provide fuel, oil, tiers and other parts, supplies and equipments necessary or required for the safe and efficient operation and maintenance for all his vehicles for transport of the products allocated. 9. The operators of the agency’s vehicles will be equipped with an operational cellular phone and be contactable at all times. 10. The agency shall pay all expenses of every nature, including the Insurance Charges, expense of road service and repair in connection with the use and operation of the vehicles and shall, at its sole cost and expense, at all times during the term of this Agreement, maintain the vehicles in good mechanical condition and appearance. 11. The agency shall provide roadworthy vehicles in very good conditions and well maintained for transportation of products to the designated locations. 12. The agency agrees that the agency shall be prohibited from utilizing and operating any unsafe vehicles, equipment/machinery and/or articles by the agency and its employees in medical center’s premises. 13. The agency should be able to provide the required vehicles within twenty four (24) hours of receiving intimation from the concerned Source District.

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14. The agency should be able to provide vehicles for transportation of goods to the tune of 30 tons on any given day within twenty four (24) hours of receiving intimation from the concerned Source District. 15. In case of emergency, the agency may be required to provide vehicles with a short notice. 16. The agency shall commence loading of the vehicles in warehouse immediately they receive instructions from the Warehouse personnel on ground. Delay to load would lead to penalization or termination of the Contract (see Penalty & Termination Clause). 17. All efforts must be made to complete transportation without transshipment. In the event that transshipment becomes unavoidable, it may only take place with the knowledge and approval of the concerned Nodal Officers of the Source Districts. 18. The agency acknowledges that time is of essence and that all efforts of the agency are to be focused to ensure the expeditious delivery of the product. ii. Reports The performance of the agency will be evaluated on its timeliness, speed of execution and accuracy of delivery. To evaluate the agency on these parameters, the agency needs to submit the following reports for review on a monthly basis - Trip Record – A summary of trips along with Trip Records, Closing Kms., Acknowledgement against receipt of goods, duly signed by the CHC In-Charge or his authorized Officer, needs to be submitted along with the bills.

2. CONTRACT MANAGEMENT

a. Risk and Ownership i. Liability of damages and losses

1. OSMCL and the agency acknowledge and agree that the risk of loss to goods during transit shall be borne by the agency once the agency's truck leaves the warehouses. The driver/ representative of the agency shall have the right to inspect each transport for damage prior to leaving the loading bay and shall have the right to refuse damaged goods tendered for delivery. In addition, the agency's driver shall note and bring to the attention of the store in- charge at the location any damage detected prior to leaving the loading dock where it is receiving goods under this tender. In the event that damage occurs to goods prior to delivery at the ultimate destination, the driver shall note such damage on the delivery voucher and further shall so advise the party receiving the shipment of damaged goods. 2. The agency bears the risk of loss for goods while in transit. The agency shall arrange for appropriate insurance for such goods in transit, the cost of which shall be deemed to be included in the rates set forth in the financial Bid. 3. In case of loss or damage to the goods in transit, amount equivalent to value of such goods will be deducted from the payment to be made to the agency. If value of damaged goods is more than 10 % of total consignment, then additional penalty of 20 % on value of damaged goods will also be levied.

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4. The agency shall not be liable for any loss or damage to the extent such is due to a force majeure event, as defined in “FORCE MAJEURE” section of this agreement or an act or default of OSMCL/ NVBDCP Wing/ Source District.

ii. Force Majeure If through "Force Majeure" (Government embargo, war, blockages, revolution, insurrection, mobilization, strikes, lockouts, riots, other extra ordinary civil disturbances, and/or an act of God) where one or both of the contracting parties are unable to perform their obligations under the terms of this contract; then it shall be considered cancelled and no penalties attached to the parties. iii. Indemnity The agency agrees that it shall protect, defend, indemnify and hold harmless to OSMCL, from and against all liabilities, losses, costs, damages, expenses, claims, attorneys' fees and disbursements of any kind or of any nature whatsoever imposed upon OSMCL, whether incurred directly or indirectly by OSMCL, by virtue of, or in connection with, or arising out of any: 1. Failure of the agency to maintain appropriate licenses to carry out the purposes of this agreement, resulting in the inability to, among other things, ship products for OSMCL; 2. Claims made by any employee or agent of the agency or by any operation of the agency related to agency’s provisions of transportation services to OSMCL under the terms of this agreement, including any claim by agency’s personnel that they are OSMCL employees for any purpose; 3. Claims arising from the negligence of the agency in performing transport services pursuant to the terms of this agreement; or 4. Other claims arising directly or indirectly out of the transportation of goods on behalf of OSMCL by the agency, including but not limited to claim arising from accidents involving vehicles used to transport goods.

b. Penalty & Termination i. Penalty Clause: 1. In case of non-reporting within the stipulated time, a penalty of 20% of the projected transportation cost for the quantity of goods which could not be dispatched against any Work Order. 2. The vehicles and the drivers shall provide satisfactory service at all times during the entire contract period as per the provisions of this contract. Failure to comply with the provisions of this tender document will be considered as unsatisfactory performance. 3. Penalty for an amount of Rs.500/- per case per day will be deducted from the due amount in the following situations - a. Any undisciplined behavior by the staff of the agency, which includes taking alcohol, using foul language, getting involved in objectionable activities, etc.; b. Discourteous behavior towards any officer or manpower of the Source District/ CHC; c. Not carrying out the duties in a satisfactory manner; and

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d. Damage or stealing of any asset or property or officers and manpower of the Source District/ CHC.

In case of‘d’ above, cost of such asset or property damaged or stolen shall also be recovered from the agency. 4. OSMCL may also terminate the contract in case of prolonged/ frequent unsatisfactory service, breach of Terms & Conditions and non-compliance by the agency of the instructions given by OSMCL/ NVBDCP/ DHS officials. In case of termination of the contract, Performance Security deposited by the agency shall be forfeited. ii. Termination Without prejudice to any other remedies that OSMCL and its designated agents may have against the agency and its agents, OSMCL shall have the right at any time by giving notice in writing to the agency to terminate the agreement forthwith in any of the following events:

1. On breach In case of non-compliance of prescribed quality norms, breach of contractual terms and repeated concerns regarding service quality.

2. On liquidation or insolvency of the Agency If at any time the agency becomes insolvent or files an application for insolvency or any creditor of his moves the court for adjudicating him as an insolvent or if he is convicted by any court of law, OSMCL will have the absolute option of terminating the contract forthwith and he shall have no right for damage or compensation on this account.

3. On prevention of performance of duties OSMCL shall have the right to terminate this Agreement immediately on notice to agency, if, in the reasonable judgment of OSMCL, the agency has failed to provide transport services in accordance with the required standards.

4. On Prejudicial conduct If the agency is guilty of any conduct which in the opinion of OSMCL is prejudicial to OSMCL’s interests.

5. On Termination by notice given by either party Either party may terminate this agreement by giving to the other party 7 (Seven) days notice in writing sent by registered post or recorded delivery service to the registered office of OSMCL or of the agency as the case may be. c. Operations 1. All operations of the agency are to be conducted in a safe manner and in compliance with all central, state and local laws, statutes, ordinances, standards, rules and regulations. 2. The vehicles shall remain in sound running condition and be dust proof. Its emissions shall comply with pollution control norms. The Source District reserves the right to decide upon

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the sound running condition of the vehicles. All the expenses incurred in the maintenance of the vehicles or otherwise shall be borne solely by the agency. 3. All related and relevant documents of the vehicles should be available in the vehicles while on duty. 4. The vehicles and the drivers shall report when called for, duly fuelled and in sound running conditions. Any delay or shortcoming will be viewed seriously and may be dealt with imposition of fine as per the provision of “Penalty and Termination”. 5. The drivers shall possess valid Driving Licenses, should be well behaved and while on duty, they should never be in an intoxicating state or smoking. The agency shall be required to change/replace the driver/s in case not found suitable by the Source District. 6. The drivers shall not be reluctant to or deny or refuse to go to any place including various destinations as listed in the Scope of Work. In case of stay anywhere, they shall be required to make their own arrangements for food and stay. OSMCL shall not provide any additional remuneration monetary or otherwise in any such situation. 7. In case the vehicle is not available for whatsoever reason, the Source District shall be free to make its own arrangement at the sole risk and cost of the agency. Any expenses thus incurred shall be deducted from the amount payable to the agency or Performance Security in addition to any penalty that may be imposed as per “Penalty & Termination” clause. 8. The agency shall ensure immediate replacement of a vehicle due to its being involved in accidents, mishaps, detention and/or impounding by authorities concerned, becoming out of order or road unworthy, etc. In such eventualities, the agency shall inform the Nodal Officer of the concerned Source District without any loss of time. 9. In the event of such breakdowns, the Source District may decide in its sole and absolute discretion to carry the products to their destination and the agency agrees that the agency shall pay to the Source District’s reasonable costs in so doing if the agency fails to make alternative arrangement. d. General Provisions i. Subletting The agency shall not sublet, transfer or assign the contract or any part thereof, without the previous written approval from OSMCL. In case the agency contravenes this condition, OSMCL shall be entitled to place the contract elsewhere at the risk and cost of the agency and all expenses borne on this account shall be recovered from the agency.

ii. Illegal Gratification 1. Any bribe, commission, gift or advantage taken or promised to be taken by or on behalf of the agency or his partner or agent or servant or any one of his authorized representative from the users of OSMCL shall in addition to any criminal liability that the agency may incur, entitle OSMCL rescind this contract and all other contracts with him, and to take any other action as may be deemed fit by OSMCL.

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2. The agency shall not lend to or borrow from or have or enter into any monetary dealings or transactions either directly or indirectly with any employee of OSMCL and if he shall do so, OSMCL shall be entitled forthwith to rescind the contract. 3. Any question or dispute as to the commission of any offence or compensation payable to OSMCL under these clauses shall be settled by the designated officer of OSMCL in such a manner as he shall consider fit and sufficient and his decision shall be final and conclusive.

3. PAYMENT TERMS 1. Work Orders for transportation will be given mentioning the destination and no. of LLINs to be delivered. The invoices should be raised by the agency accordingly for payment process. 2. The agency shall issue an invoice to the NVBDCP Wing, Bhubaneswar at the end of each month for the services rendered under this agreement along with the requisite documents duly signed by the authorized Officers of the Source Districts as well as the concerned CHCs/ delivered destinations. 3. Payment will be made to the agency for transport of products at the rates agreed through the tendering process. 4. The payment will be made only for the distance covered from the Regional Warehouses to the CHCs i.e. one side only.

5. No advance payment shall be made to the agency. Full payments will be made upon presentation of original signed and stamped Invoices along with monthly summary of trips and copies of Work Orders of the Source Districts and Trip Records, duly signed by the authorized Officers of the Source Districts as well as the concerned CHCs. 6. The agency will invoice the NVBDCP Wing on the first business week of the month for the transportation charges for the previous month. 7. Payment shall be made through RTGS/ Cheque/e-payment system for which the following details shall be provided by the agency immediately after commencement of the contract:-

e. Name of the Bank and Branch f. Savings/ Current Account g. Bank Account No. h. IFS Code 4. RESOLUTION OF DISPUTES . If dispute or difference of any kind shall arise between OSMCL and the successful bidder in connection with or relating to the contract, the parties shall make every effort to resolve the same amicably by mutual consultations. . If the parties fail to resolve their disputes or differences by such mutual consultation within twenty-one days of its occurrence, then, unless otherwise provided in the bid document, either OSMCL or the successful bidder may give notice to the other party of its intention to commence arbitration, as provided and the applicable arbitration procedure will be as per the Arbitration and Conciliation Act, 1996 of India.

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. Venue of Arbitration: The venue of arbitration shall be the place from where the contract has been issued, i.e. Bhubaneswar, Odisha. Applicable Law and Jurisdiction of Courts

. The contract shall be governed by and interpreted in accordance with the laws of India for the time being in force.

. All disputes arising out of this bid will be subject to the jurisdiction of courts of law in Bhubaneswar/ High Court of Odisha.

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ANNEXURE I

Source District/ Regional Locations with CHC-wise Distribution Plan of LLIN

Name of Quantity of Quantity of Source Total Quantity Approximate Name of LLIN LLIN (Double District Name of the CHC of LLIN Km. from District (Single Size) Size) (No.) Source Place (No.) (No.) Koraput 120 Bandhugaon 10903 22076 32978 103 Narayanpanta 8105 16411 24516 121 Laxmipur 12115 24531 36646 44 Dasmantpur 15050 30474 45524 55 Mathalput 14080 28510 42590 61 Kunduli 15321 31022 46344 70 Pottangi 12455 25219 37674 68 Nandapur 18162 36775 54938 43 Koraput Lamtaput 10930 22132 33062 21 Boipariguda 21374 43278 64651 7 Kundra 13433 27199 40633 73 Rabanaguda 22178 44907 67086 23 Borigumma 28661 58033 86693 55 Kotpad 20111 40721 60831 33 DHH Koraput 8221 16646 24867 5 SDH Jeypore 17545 35525 53070 43 GH Sunabeda 12240 24785 37025 Koraput Total 260884 528244 789128 937 100 DHH Malkangiri 5753 11649 17402 110 CHC Korukonda 26496 53650 80146 56 Malkangiri CHC Mathili 18752 37969 56721 249 CHC Podia 10519 21298 31817 79 CHC Khairput 8011 16221 24232

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213 CHC Kalimela 23318 47214 70532 47 CHC Pandripani 13082 26489 39571 76 CHC K.Gumma 12619 25551 38169 Malkanagiri Total 118549 240041 358590 930 60 Sanmosigam 14621 29606 44227 54 Nandahandi 11256 22792 34048 68 Tentulikhunti 15913 32222 48135 90 Kosagumuda 30737 62238 92975 55 Papadahandi 24873 50364 75237 74 Dabugam 12531 25373 37903 Nawarangap ur 106 Jharigam 29132 58988 88120 140 Chandahandi 13173 26674 39847 158 Hatbharandi 34636 70132 104768 66 Pujariguda 32337 65477 97814 43 DHH,Nawrangpur(U) 5869 11883 17752 106 Umerkote(U) 5137 10403 15540 Nawarangapur Total 230217 466150 696367 1020 Rayagada 127 Pastikudi 25433 51498 76931 110 Th Rampur 13720 27781 41501 220 M Rampur 15389 31160 46548 280 B.N.Pur 17209 34846 52056 157 Borda 32056 64908 96964 194 Kalahandi Chapuria 25491 51615 77106 160 Koksara 22360 45274 67634 147 Jaipatna 23549 47682 71231 81 Chiliguda 36013 72921 108934 127 Kalampur 11419 23121 34540 179 Karlamunda 10991 22255 33246

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126 Narla 22843 46253 69095 187 Parla 24014 48624 72638 Kalahandi Total 280487 567938 848425 2095 46 Bissam Cuttack 17994 36434 54428 110 Chandrapur 7705 15600 23305 82 Gudari 9563 19363 28926 9 Jagannathpur 15398 31179 46577 20 Jemadeipentho 23260 47098 70358 22 K.Singhpur 11842 23978 35820 72 Rayagada Kashipur 28380 57465 85845 14 Kolnara 13525 27386 40912 61 Muniguda 17529 35493 53022 67 Padmapur 10369 20996 31366 48 Ramnaguda 9614 19466 29080 75 Gunupur (U) 7445 15074 22519 5 Rayagada (U) 16129 32657 48786 Rayagada Total 188753 382191 570944 631 264 Kharar Road 31937 64668 96605 214 Komna 28606 57922 86527 187 Nuapada Khariar 23860 48313 72173 210 Sinapali 22554 45667 68221 209 Boden 16327 33060 49387 Nuapada Total 123284 249629 372913 1084 136 MOHANA 26990 54650 81641 126 R.UDAYAGIRI 11815 23923 35738 110 Gajapati B.K.PADA 11174 22626 33800 128 RAYAGADA 13781 27905 41686 146 GURANDI 13387 27106 40492

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102 KASHINAGAR 12177 24656 36832 103 GUMMA 14911 30192 45103 129 DHH, PKD 8254 16714 24968 Gajapati Total 112489 227771 340260 980 Keonjhar 81 Bamparda 19895 40283 60178 158 Chhatabar 19034 38540 57573 Deogarh 137 Tileibani 14073 28495 42568 5 DEOGARH 4023 8146 12169 Deogarh Total 57024 115464 172489 381 15 Basudevpur 22781 46128 68910 53 Bhanda 23016 46604 69621 24 Jhumpura 22287 45126 67413 12 Padmapur 29865 60471 90336 53 Banspal 18588 37637 56225 47 Telkoi 18216 36884 55100 43 Udayapur 17659 35757 53417 40 Patna 21149 42823 63973 57 Keonjhar Ghatagaon 22929 46427 69356 46 Harichandanpur 27982 56658 84639 93 Sainkul (K.D.Pal) 29433 59597 89030 98 Fakirpur 21073 42670 63743 129 Salania 32168 65135 97303 5 KJR Urban 11335 22952 34287 96 ADP Urban 7417 15018 22435 74 Babil Urban 11131 22538 33669 69 Joda Urban 8185 16574 24760

954 Keonjhar Total 345215 699000 1044216

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108 Badampahar 17753 35946 53699 128 Bangriposi 20353 41211 61563 118 Bijatala 12565 25443 38008 173 Dukura 14274 28902 43175 122 Gorumahisani 15797 31987 47784 121 Jamda 11997 24291 36287 69 Jashipur 19972 40440 60412 134 Jharadihi 16695 33805 50501 148 Kaptipada 28790 58295 87086 164 Khunta 13971 28289 42260 Mayurbhanj 75 Manada 14843 30054 44896 166 Rangamatia 15284 30948 46232 59 Raruan 12773 25863 38637 161 S.Ch. Pur 17009 34440 51449 145 Sirsha 18795 38057 56853 55 Sukruli 10678 21621 32299 66 Tato 22455 45467 67921 98 Thakurmunda 20744 42004 62748 137 Tiring 11067 22409 33476 164 Baripada Town 20429 41365 61794 Mayurbhanj Total 336244 680835 1017079 2411 Sambalpu 26 Jujumura 15800 31992 47791 r 12 Themra 17833 36109 53941 10 Debeipali 16573 33558 50131 25 Sambalpur Loida 15575 31537 47112 98 Kuntra 13036 26396 39432 62 Fashimal 17040 34503 51542 99 Garposh 17504 35442 52946

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99 Naktideul 12051 24401 36452 52 Charmal 10535 21331 31865

Sambalpur 5 37694 76324 114018 Urban Sambalpur Total 173640 351591 525231 488 95 Hemgiri 15622 31631 47253 87 Sargipali 14006 28359 42365 78 Mangaspur 12860 26040 38901 84 Majhapara 13075 26474 39548 116 Kinjirikela 16584 33579 50163 108 Subdega 12719 25753 38471 108 Bargaon 13767 27875 41641 125 Kutra 14602 29567 44170 143 Laing 19802 40095 59897 159 Birkera 25546 51727 77273 186 Sundergarh Bisra 19753 39996 59749 168 Kuarmunda 19705 39900 59605 277 Hatibari 19334 39147 58481 172 Lahunipara 17985 36416 54401 207 Koira 15514 31413 46927 129 Gurundia 15029 30431 45460 205 S. Bolang 12762 25841 38604 85 Sundargarh 8944 18111 27055 140 Rajgangpur 9944 20134 30078 175 Rourkela 90006 182246 272252 169 Biramitrapur 7069 14314 21384 Sundergarh Total 394626 799049 1193676 3016 104 Agalpur 18661 37786 56447 Bolangir 193 Belpada 25644 51924 77568

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150 Chudapali 18958 38386 57344 128 Deogaon 18957 38385 57342 143 Ghasian 26131 52911 79043 162 Gudvela 11515 23316 34830 122 Jamgaon 20075 40648 60724 173 Khaprakhol 20905 42329 63234 205 Kholan 22566 45693 68260 112 Loisingha 18506 37471 55976 213 Muribahal 20476 41460 61936 164 Saintala 21684 43907 65591 233 Sindhekela 21266 43060 64327 211 Tureikela 19358 39196 58554 207 Kantabanji 3402 6889 10292 97 Badmal 1016 2058 3074 170 Patnagarh 3858 7811 11669 195 Titilagarh 5949 12047 17996 170 Balangir 22058 44663 66721 Bolangir Total 320986 649941 970928 3152 71 Bargarh 5526 5526

51 Jharsuguda 4966 4966

72 Sonepur 1459 1459

Khurda 180 Adenigarh 23822 48236 72059 266 Boudh Baunsuni 30982 62733 93714 282 Manamunda 27574 55833 83407 Boudh Total 82378 166802 249180 728 207 Khajuripada 9943 20134 30077 211 Kandhamal Gumagarh 7116 14409 21525 208 DHH,Phulbani 7441 15067 22509

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233 Phiringia 15405 31192 46597 209 Tikabali 9944 20134 30078 185 Brahmanpad 8956 18135 27092 253 G.Udaygiri 8556 17325 25881 272 Raikia 10514 21289 31803 247 Daringibadi 20223 40948 61171 179 Nuagaon 10237 20728 30965 300 Barkhama 10811 21891 32702 283 SDHBalliguda 3718 7527 11245 322 Tumudibandh 8513 17237 25750 304 Subarnagiri 9690 19620 29309 Kandhamal Total 141067 285636 426703 3413 Ganjam 4466 4466

169 Khamar 25507 51648 77155 188 Kaniha 27305 55288 82593 168 Banarpal 37772 76481 114253 127 Godibandha 32294 65390 97684 Angul 104 Kosala 31550 63882 95432 150 Madhapur 23419 47419 70838 73 R K Nagar 20701 41917 62618 195 Bantala 41338 83702 125040 Angul Total 239886 485727 725613 1292 77 Badapandusar 28092 56882 84975 65 Bhapur 19748 39986 59733 95 Gania 7590 15369 22959 Nayagarh 109 Madhyakhanda 19841 40175 60017 97 Mahipur 17656 35750 53406 75 Nuagadiasahi 21099 42721 63820

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61 Rajsunakhala 31852 64494 96346 97 30080 60907 90988 94 DHH Nayagarh 3178 6435 9613 Nayagarh Total 179136 362720 541856 770 Balasore 7850 7850 196

Bhadrak 578 578 127

Cuttack 2444 2444 26

Dhenkanal 4974 4974 76

Jagatsinghpur 919 919 64

Jajpur 5993 5993 98

Kendrapara 994 994 104

Khurda 3938 3938 46

Puri 1420 1420 69

150800 303661 454461 0 Buffer Stock of Headquarters

State Total 3781194 7562391 11343585

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ANNNEXURE II

TURNOVER CERTIFICATE

To

The Managing Director

OSMCL, Bhubaneswar, Odisha

We hereby certify that M/s.______(name of the participant in the tender), having office at______(Address of office), who is participating in the tender for transportation of Long Lasting Insecticide-Treated Nets (LLINs) to the Community Health Centers (CHCs) of Odisha, called by OSMC, Bhubaneswar, Odisha, has turnovers as given below -

Turnover for the Financial Year 2013-2014: Rs.------(Rupees------) only

Turnover for the Financial Year 2014-2015: Rs.------(Rupees------) only

Turnover for the Financial Year 2015-2016: Rs.------(Rupees------) only

The above information is correct and true.

Date:

Place:

Signature of Chartered Accountant

Name in Capital Letter

Membership No.

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ANNEXURE III Details of Present and Past Clients

Sl. Name of the Client Nature of Name and Period of No. of Makes & Monthly No. with complete Postal service Designation of the Contract Vehicles Models of Basis/ Call Address provided Contact Person with Deployed the Basis Telephone/ Mobile by your Vehicles No. and E-Mail id Firm on Deployed site

Page 32 of 38

ANNEXURE IV

Declaration

To

The Managing Director

OSMC, Bhubaneswar, Odisha

I/We ______have carefully read the tender document and confirm my/ our eligibility as required. I/ We solemnly declare that I/ we have never been convicted by any court of law or blacklisted/ debarred on financial/administrative/techno-legal ground by any appropriate authority. By submitting this bid, I/ we assure my/ our agreement to the terms and conditions of tender and will abide by the same if contract is awarded to me/ us.

Currently running criminal/civil suits against my/ our firm are:

(Write “NIL” if no court case pending otherwise give the list and enclose case details)

Signature of the bidder: With seal

NOTE: To be given in Rs. 100/- stamp paper.

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ANNEXURE V General details of the Organization

Sr. No Header Details 1. Name of the Company/ Organization/ Firm/ Agency

2. Nature of Business

3. Year of Inception 4. Name and Details of the Proprietor, Director of Company/Organization/ Firm/ Agency

Mobile No:

Email Address:

5. Full Address of Regd. Office

Telephone Number

Fax. No.

E-Mail Address 6. Website of the Company/Organization/Firm/ Agency

7. PAN

Page 34 of 38

ANNEXURE VI

AGREEMENT

This agreement is made on this______day of December 2016.

BETWEEN

Odisha State Medical Corporation Ltd. (OSMCL), having its registered office at Convent Square, Bhubaneswar-751007 and represented through its General Manager (Logistics & Supply Chain) (Herein after “The Corporation”)

AND

M/s. ------, having its registered office at ------, represented through its ------, duly authorized for the purpose (Herein after “The Agency”).

Whereas The Corporation has invited tender for “Transportation of Long Lasting Insecticide-Treated Nets (LLINs) to the Community Health Centers (CHCs) of Odisha” vide tender reference no. OSMCL/2016-17/LOGISTICS/01 dt. ______.12.2016. The Agency submitted its bid as per tender requirement and being the L1 bidder, the Corporation have finalized the tender in favor of the agency for transportation of transport Long Lasting Insecticide-Treated Nets (LLINs) to the Community Health Centers (CHCs) of Odisha at the prices/rates indicated against various components (herein after “Contract Price”) on the terms and condition set forth in this agreement. The letter of award was issued vide LOA No. ------/OSMCL/____/---- dated ____ inviting to execute the contract. And whereas the 2nd Party has deposited the Performance Security of Rs.______vide Account Payee Demand Draft/ FDR No.______dt.____.

NOW THIS AGREEMENT WITNESSES AS FOLLOWS:

1. The following documents shall be deemed to form and be read and construed as integral part of this Agreement, viz.:

a) Conditions of Contract b) Submissions and Declaration as part of the Proposal submitted c) Notification of Award issued by OSMCL

2. In consideration of the payments to be made by the TIA/ NVBDCP to the Agency, the Agency hereby covenants with the TIA/ NVBDCP to provide the agreed Services uninterrupted in all respects as per the provisions of this Contract.

3. The Corporation hereby covenants to pay the Agency in consideration of the provision of the agreed services, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed in the Contract.

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4. TENURE OF CONTRACT a. The contract is for a period of one (1) years from the date of signing of contract. b. In the event of the contract being terminated by OSMCL before the completion of the contract period for reasons of unsatisfactory performance or breach of contractual conditions, the Performance Security of the agency shall be liable to be forfeited.

For and on behalf of the Corporation For and on behalf of the Agency

Odisha State Medical Corporation Ltd. Authorised Signatory In Front of Ram Mandir, (Name with Signature) Convent Square, Bhubaneswar-751007

Date: Date:

1.Witness 1. Witness

2.Witness 2. Witness

Page 36 of 38

ANNEXURE VII

MODEL BANK GUARANTEE FORMAT FOR PERFORMANCE SECURITY [Refer Para 6]

To The Managing Director Odisha State Medical Corporation Ltd., Convent Square, Unit-III, Bhubaneswar-751007

WHEREAS ...... ( Name and address of the Service Provider) ( here in after called “the Service Provider”) has undertaken, in pursuance of Tender Reference No...... dated...... for engagement of commercial transport vehicles for transportation of Long Lasting Insecticide-treated Nets (LLINs) to the Community Health Centers (CHCs) of Odisha (herein after called “the contract”).

AND WHEREAS it has been stipulated by you in the said contract that the Service Provider shall furnish you with a bank guarantee by a scheduled commercial bank recognised by you for the sum specified therein as security for compliance with its obligation in accordance with the contract.

AND WHEREAS we have agreed to give the Service Provider such a bank guarantee;

NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the Service Provider, up to a total of ...... (amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the Service Provider to be in default under the contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Service Provider before presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the contract to be Performed there under or of any of the contract documents which may be made between you and the Service Provider shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid until the ...... day of ...... 20......

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We the ...... Branch...... undertake not to revoke the guarantee during its currency expect with the previous consent of the ODISHA STATE MEDICAL CORPORATION LTD. in writing.

We ...... Branch...... further agree that a mere demand by ODISHA STATE MEDICAL CORPORATION LTD. is sufficient for us ...... Branch at Bhubaneswar to pay the amount covered by the Bank Guarantee without reference to the said Agency and protest by said Agency cannot to valid ground for us ...... Branch to decline payment to ODISHA STATE MEDICAL CORPORATION LTD.

...... (Signature of the authorized officer of the Bank) ...... Name and designation of the officer ...... Seal, name & address of the Banks and address of the Branch

N.B.: Bank Guarantee from Structured Financial Messaging System (SFMC) enabled Bank shall only be accepted.

Our Bank details for issuing Bank Guarantee are as follows – IFS Code – UBIN0538086 Branch Code – 538086

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