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1000 STAMP
Agreement
This agreement is made against contract inquiry no. AIIMS/PAT/MS/2023/CNo2691 for Rate
Contract for Supply of _____________ at AIIMS, Patna on the date ___________ between All
India Institute of Medical Sciences, Phulwarisharif Patna, acting through Medical
Superintendent AIIMS Patna. ALL India Institute of Medical Sciences (AIIMS) Patna,
Phulwarisharif, Patna-801507 (hereinafter called “Client" which expression shall unless
repugnant to the context or meaning there of be deemed to mean include its successors,
legal, representative and assign) of the First Part.
Second Part
________________________ if it’s Registered Office:-
_____________________________________ (herein after called "Agency" expression unless
repugnant to the context shall mean and include its successors-in-interest assign etc.) of the
Second part.
Whereas the "client" is desirous to engage "Agency" for supply Consumables as ANNEXURE-
01 listed items at AIIMS Patna as per the terms and condition stated. In reference to tender
bid for above mentioned items. Your product as mentioned in Annexure-1, are being covered
AIIMS/PAT/MS/2023/CNo2691
under Annual rate contract. The terms and condition to govern the annual rate contract are
as follows:
The award of rate contract is not linked to the procurement style opted by
Procurement Cell/ Institute during the entire period of rate contract. Any item under rate
contract may be procured through supply order. Mode of procurement and inventory
management of any item may be changed at any point of time.
1. (A) PROCUREMENT ON SUPPLY ORDER BASIS: - Supply of material is covered under this
rate contract may increase or decrease. It will be made available on the basis of written
supply order with terms and conditions as enumerated therein. It will be the responsibility
of supplier to have an access with PROCUREMENT CELL to maintain the optimum
inventory level. This has been decided to tide over the problem of over stocking including
near expiry / slow moving/ non-moving inventories, for which following mechanism will be
observed: -
I. Besides having liaising with user department, you will be allowed to have access to
Computerized system to know the consumption pattern / reports of the items at
and peripheral sub stores can also be concerned
II. Stock in hand position provided on demand.
III. Access to Procurement cell is allowed to know the status of expiry /slow moving /non-
moving products.
IV. The company will own the responsibility of overstocking & expiry.
V. The company will take all preventive measures and will keep informed Procurement
officer in writing about any specific item / quantity mentioned in supply or der that may
lead to overstocking or expiry.
VI. In case of any difficulty in getting the feedback from Procurement cell, you may
contact Procurement officer/ Director.
VII. The Institute has the right to switch over from supply order based procurement to
consignment / utilization based procurements also.
You will appreciate that any loss of material is going to be a national loss. Please keep
informed about such items asked for supply but in fact not required by the users. In case
of any difficulty in getting the feedback from Procurement cell, you may contact Faculty in
charge procurement cell /Director.
(b) PROCUREMENT ON CONSIGNMENT/UTILIZATION BASIS:-All approved items on
Consignment / Utilization basis must be made available in sufficient quantity to cater the
whole need of the Institute, Lead time for replenishment of such stocks will be 48 to 72
hours. It will be communicated by telephone, fax or e-mail to you or your authorized
distributor.
2. PERIOD OF VALIDITY: - The Rate Contract will be valid for period of two year from the
date of issue date of Rate Contract. It may be further extended after approval of competent
authority till the finalization of new rate contract, if required.
3. PERFORMANCE SECURITY: -Please submit performance security @ 3 % of the value
(calculated as per approximate one year consumption) of the approved item. The
Performance Security would be minimum of Rs 10,000/- (Rupees Ten Thousands only ) and
AIIMS/PAT/MS/2023/CNo2691
maximum Rs. 3,00,000/-(Rupees Three Lac only) will be in shape of D.D. or PBG drawn in
favor of “AIIMS Patna A/C (as stipulated in tender notice)payable at patna from any
nationalized bank/scheduled bank. The performance security will have the minimum validity
for 36 months from the date of issuance of Rate Contract and it should be submitted within
03 weeks after acceptance of the awarded Rate Contract and failing which the above
mentioned amount may be deducted from the bill amount against performance bank
guarantee.
4. TAXES AND DUTIES: - Rates are inclusive of all taxes including Central Sales Tax, GST
etc. as applicable. Any price variation due to Govt. levies will be settled accordingly. , other
charges like banks charges, postage, freight, etc., will be borne by your company.
5. PRICES: - Mentioned in Annexure -01 (As per finalised in tender process)
Rates are F.O.R. Destination basis i.e. Central Stores, All India Institute of Medical Sciences,
Patna. No escalation in rates except Govt. Levy/ tax would be permissible. If at any point
of time during the execution of the contract, the contractor reduces the MRP / Sale Price or
sells or offers to sell such stores, as are covered under the rate contract of the Institute, to
any Government Organization (Central/State Government Hospital/Institute) at a fixed
price lower than the price chargeable under the rate contract of the Institute, He/she shall
mandatorily notify any such reduction in MRP or Sale Price or offer of sale to the purchaser
within a month of the earliest date of such a reduction in price. The price payable under
contract with the purchaser will stand correspondingly reduced from the date of reduction of
price as notified or evidence obtained of such reduction in the price. In case of delay (more
than one month) in such a notification the difference in cost will be recovered and Director
AIIMS Patna shall have the right to impose penalty such as forfeiture of Performance
Security, cancellation of Rate Contract or possible removal of name from list of suppliers (any
or all of the above). If such information comes to the notice of Procurement cell authority
from other sources, suitable action shall be initiated. Variation, if any, will be governed by the
terms & conditions as enumerated in proposed rate contract.
6. ROAD PERMIT: - No road permit i.e. form 31/32, form c and d would be provided by
the institute. It would be the sole responsibility of the supplier to affect the door deliveries at
his// her own. Procurement cell will neither own any responsibility for clearance of goods and
road, rail, postal, air terminals nor would any machinery of AIIMS, Patna be allowed for this
purpose.
7. DELIVERY: - Supplied material should have ordinarily minimum shelf life of 75% at the
time of supply. Batch number and expiry date must be mentioned on face of the bill. Stores
supplied through courier, post etc. may be received under the sole responsibility of supplier
regarding quantity, specification and breakage.
8. DEFECTIVE INVENTORY: - central Stores / User department / Procurement cell of the
Institute will be the sole authority to declare inventory as defective either at the time of
receiving the goods or after the use of goods. Cost of such defective inventory will be
recoverable from forthcoming bill of the supplier or replaced with any other approved
stocks, failing which contract may be terminated.
9. PENALTY CLAUSE:-
AIIMS/PAT/MS/2023/CNo2691
a. Non-execution of supply order - For the reasons of failure to supply partially or
completely within 30 days, if the Procurement cell has to buy the items from the RC 2 (L-2),
RC 3 (L-3) or approved local vendor firm, the rate difference in cost will be recovered from RC
holder i.e. L1 /Billing Agency as appointed by the Rate Contract Holder. The difference
amount will be deducted from the forthcoming bills of the supplier pertaining to any product.
Repeated failure (Three times) to supply in part or in full may amount to termination of rate
contract for the product (s) and forfeiture of Performance Security. Reasons of failure to
supply the material will be communicated by the firm to the Procurement cell timely.
b. Late delivery clause -The date & time of the delivery as stipulated in the supply order
shall be deemed to be the essence of the contract and delivery must be completed no later
than the date(s) as specified in the supply order. Unsupplied items of each supply order
which will not be supplied during stipulated time period of 30 days should be treated as
cancelled and will be procured from RC-2/RC-3 or approved local vendor and difference
amount deducted from forthcoming bills of RC1 (L1)/Billing Agency as appointed by the
Rate Contract Holder.
c. Non production of item – Difference in the value between existing source and source
from where supplies are being obtained for remaining tendered quantity will be recovered
from the billing agency.
10. INFORMATION REQUIRED ON CHALLAN/BILL: -
a. Challan: Supply order will be released and you may execute the supplies directly or
through billing agency. Challan must be endorsed by the security personal at AIIMS Patna
main gate. The endorsement must clearly mention time and date of entry of the material.
The Challan must always bear the following information:
i. Name of the item as, it is mentioned in Rate contract/ supply order.
ii. Name of the item as, it is mentioned in the product literature of the company (i.e.
Brand Name, if any)
iii. Size of the item
iv. Supply order no. and Date
v. Date of manufacturing
vi. Date of expiry
vii. Batch number
viii. Quantity of each item (in unit)
ix. Maximum Retail Price (MRP)
b. Pre-receipted Bill (Tax Invoice), must always bear the following information:
i. Name of the item as, it is mentioned in Rate contract/ supply order.
ii. Name of the item as, it is mentioned in the product literature of the company (i.e.
Brand Name, if any)
iii. Size of the item
iv. Supply order no. and Date
v. Date of manufacturing
vi. Date of expiry
vii. Batch number
AIIMS/PAT/MS/2023/CNo2691
viii. Quantity of each item (in unit)
ix. Value of each item
x. Total value of the bill
xi. The amount of GST paid by the supplier.
xii. Maximum Retail Price (MRP)
xiii. TIN/GST No. AIIMS Patna
11. Replacement of near expiry / slow moving / non-moving items: - It will be
responsibility of supplier to get status of slow / non-moving inventory for replacement
purposes from Procurement cell stores on quarterly basis or at a higher frequency. If
company fails to replace such slow moving / non-moving stocks in time, Institute will retain
the right to identify such stocks any time during the contract period and return the same to
the company. Cost of such returned inventory will be recoverable from forthcoming bill of
the supplier or replaced with any other approved stocks, failing which contract may be
terminated.
12. Release of EMD
I. The EMD of Rate Contract Holder would be released after submission of Performance
Security.
II. The bidders who has/have not awarded Rate Contract can take their EMD
Immediately after finalization of Rate Contract after due correspondence.
13. PAYMENT:-
a. 100% payment shall be made on receipt of goods in satisfactory conditions
and submission of bill with the material/challan.
b. Payment will be made on 30th day from the date of submission of bill, with
early payment option facility to be enumerated in the supply order.
i. If you allow 4% trade discount, payment shall be made within (03) working days from
its submission date.
ii. If you allow 2% trade discount, payment shall be made within (07) working days from
its submission date.
iii. If you do not wish to avail the opportunity of early payments, payments shall be made
on 30th day on its submission.
iv. Early payment options are applicable against 100% supplies.
,
c. On consignment / Utilization basis- Fortnightly payment would be released against
the item consumed and settled bills of the patients.
d. Bills not received in accordance with the instructions as required on challan /
bill (Mentioned above) will not be entertained / processed for payment by the Institute.
e. The part supplies are accepted for the sake of convenience of Procurement
cell only. The remaining order shall be treated as cancelled only after last date of
supply as per supply order. In case of Part Supply and procurement being done from RC2 or
AIIMS/PAT/MS/2023/CNo2691
other sources, the cost difference account shall be deducted from the forth coming bills of
the RC1 (L1)/Billing Agency as appointed by the RC Holder.
f. The Institute retains the right of returning (to the supplier/s) any item in any
quantity that helps to manage the inventory in most economical manner. The value of
returned goods would be adjusted in any possible manner that suits the need of the Institute.
g. Bill in quadruplicate and pre-receipted payment must be submitted along with copy
of challan at the time of supply of the material at central stores. You are advised to comply
this point very strictly to avoid any delay in release of the dues. Further you must ensure
uninterrupted supply and change of billing agency, will in no way affect the supply schedule.
h. Billing agency may collect payment in its own name for supplies made under written
authorization from the manufacturer/importer.
14. Any variation in the prices detected at any point of time, the sole responsibility would
rest with the firm and shall invite necessary action such as recovery / administrative action as
deemed proper.
15. In addition the other terms and conditions as detailed in tender documents
would be applicable.
16. In view of the notification issued by the Ministry of Health & Family welfare,
Government of India Gazette Notification no SO 1468 (E) dated 06.10.2005 and GSR
627 E) dated 07.10.2005; it would be sole responsibility of the Rate Contract holder to
comply with the applicable rules and regulations from time to time.
17. Any communication as regards to the Rate Contract will be done with the Rate
Contract holder only.
18. It would be responsibility of the Rate Contract holder to submit the undertaking
during currency of contract by 1st week of every month to the effect that their prices have
not come down during the preceding / prevailing month.
19. Name & Address of Billing Agency will be informed by the tenderer after award of
Rate Contract (if required) with the following details of the billing agency:
i. PAN Card
ii. GST Registration with GST Return for preceding three years.
iii. Non Conviction Certification /no pending conviction certificate attested/is issued by
notary for preceding three years.
IV. Notarized affidavit that the billing agency does not have any relation with the person
authorized to evaluate Technical Bid/Price Bid or involved in finalizing the tender or
will decide the use of tendered items (Annexure-IX) on stamp paper of Rs. 100.00.
20. RC holder shall be responsible for all acts of commission and omission carried out by
the beneficiary/Billing agency.
AIIMS/PAT/MS/2023/CNo2691
21. All Terms & Conditions as mentioned in Tender document will also be the part of this
Rate Contract.
22. Legal Jurisdiction: The agreement shall be deemed to have been concluded in Patna, Bihar and
all obligations hereunder shall be deemed to be located at Patna jurisdiction only.
THIS AGREEMENT will take effect from ____________________________________day
_____________Month of Two Thousand________________________.
In witness where of both the parties here to have caused their respective common seal to be
hereunto affixed / (or have here into set their respective hands and seal) the day and year
mentioned above in Patna in the presence of the witness:
For and on behalf of the “___________ For and on behalf of the “Director,
Signature of the authorised official. AIIMS, Patna”.
Signature of the authorised official.
Stamp
Stamp
Name: -
Name: -
Designation: -
Designation: -
Address: -
Address: -
Witness:
Name Witness:
Name
Address
Address
AIIMS/PAT/MS/2023/CNo2691
Annexure-01
SL. Tender Item Item Catalogue Unit GST Unit Unit HSN Pack
No Item/ Sl. Name Description no. rate % rate MRP
No. with Size
GST
AIIMS/PAT/MS/2023/CNo2691
