4-The supplier, for regulating purpose, should complete the form attached with a life signature.

Transcription

1 Ministry of Health The State Company for Marketing Drugs and Medical appliances Tender No. MED 6 / ST time -anannouncement Dear Sirs Our company is pleased to invite you to supply it with Medical requirement which stated later on, thus, you are kindly requested to submit your offers according the following conditions: Please note that 1-No changes should be made to the titles for the forms or tables because they are formatted for internal use, so Form A & B are in Microsoft access system, so your offer should be returned to us in the same system. 2- (medicine & Company information) should be filled by the company and return it to us via electronic form (by disk, CD) accompanied by hand copy by post or through your authorized agent in Baghdad and any offer will be received through will be neglected unless tenders authenticated and forwarded via registered post according to reliable contexts in these instruction which including all required document to participated in tender, otherwise will be excluded by analysis committee. 3-( (medicine & Company information ) should be filled and completed for each item, and must be returned to us exactly in the same format, for the items offered only, (i.e.) all items (Rows) which are not applicable should be deleted. 4-The supplier, for regulating purpose, should complete the form attached with a life signature. 5- The supplier companies should send a sample from each item submitted with presented offers for test and evaluation purpose. 6-The loading and unloading goods and theirs equipments coming from abroad must be through the Iraqi Ports taking into consideration the technical and economic conditions in this respect, and the adoption of the maritime transport contracts the guarantee the arrival of goods to Iraqi Ports and avoid delivery to adjacent ports. 7- The validity of the offer should be one year from closing date of the tender even if the supplier doesn't state that in his offer.

2 8- The date of opening the tender will be the day after closing date in Kimadia and in publicly form and to invite the bidders to attend on the day of publicly opening. 9- Tenders will be sold at kimadia office at the amount (nonrefundable), the purchase price of each tender with a lump sum as the following : a- (1 Million dinar )of tender that the cost less than (one million $). b- (2 Million dinar) of tender that increase the cost( one million $). & otherwise offers will be neglected. 10- The bidder has the right which previously has been participating in the tender submit the prior purchase receipt together with tender documents which re announced, in case there is amendment in the prices of the tender documents the bidder will bear the difference in the price between two prices in case of increasing the price and attach with his offer the first receipt and the second The bidder will bear the announcement charges( in case of announcing for the first time )& the bidder will bear the re- announcement charges (( in case of re- announcing). 12-kimadia web site is and the dg@kimadia.iq 13-Announcement date of this tender will be on 16 / 8 /2016 and closing Date at the end of formal work on 4 / 9 /2016. If the closing day falls on an official holiday the new closing date shall be in the first working day following the holiday. 14-The date of conference convening will be on 29 / 8 /2016 for responding the inquire of the participants against the tender. 15- interpolation (250,000 thousands dinar )of each request objection submitted by the scientific bureau or the company for any import awarding 16- interpolation amount for replacement request aborder outlet with amount of (100,000 thousands dinar ). 17- interpolation amount ( 25,000 thousands dinar ) of each unloading report & loading each shipment arrived to target store. 18- interpolation amount (10,000 thousands dinar ) of parking & overnight the trucks for transporting medicines & medical supplies to the warehouses of our company. Best Regards General Director

3 KIMADIA (The Offer s form) Date Bid no. To/ The state company for marketing drugs and medical appliances Address: Bab Al-moa adham Baghdad Ministry of Health (KIMADIA) The inv. No We are signers here under confirm the following:- 1- We confirm that we have studied and checked the offer s documents and there is no any reservation about it from our side. 2- We present our offer for executing and supplying the items which subsequent stated according to what mentioned in the document of offer. 3- The total price of offer amounting. 4- The deductions in our offer and method it appliance as the following. 5- Our offer is valid for days from closing date of the tender and we still obliged to it and accepted it till its expiry date. 6- In case of acceptance our offer we undertake to present the performance bond mentioned in documents of offer and attendance to sign the contract according to specific signatures. In case the presenter fail to present the performance bond mentioned above or sign the contract, then the presenter should cancel the awarding and confiscate the performance bond and the violated bidder will bear all legal consequences. After all that Kimadia has the right to award the contract to second nominee which his offer basically accepted and KIMADIA has the convention of having qualifications to execute the contract by satisfied way. 7- We undertake with not issuing any decision with putting us in black list or any one from our subcontractors or our suppliers to any part of contract. 8- And we undertake with taking all procedures to ensure that any one of our employees or any one work for us will not do any bribery actions. Name of offer s presenter: Position job Signature Name of authorized person to sign the offer on behalf

4 Date: Day Month Year GENERAL CONDITIONS OF MEDICAL TENDER 1-Offer should include the commercial terms (name of manufacturer,origin of goods, delivery time, method of delivery, packing details,price to be quoted on CIP Baghdad to KIMADIA warehouse basis in U.S. Dollar, the validity of the offer should be one year from closing date of the tender (and can be extended at our request), port of entry, port of shipment and route of shipment, name and address of corresponding bank (Advising bank), account name(holder), account no., complete name, address of beneficiary), all to be stated in the offer. In case of contracting the beneficiary from documentary credit should be the same side which contracted with it and the banking details with name of that company exclusively contains (bank name,no. of account, the name of owner of account (the company which contracted with it ) (swift code and sort code and Iban.. etc) and not accept the account with person name. Any change of beneficiary name and address, corresponding, advising bank name's and address, account no. and any other bank information from the bidder side after awarding in contrast with offered tender will impose the bidder to penalty. 2-Delivery time as soon as possible and within L/C s validity, shipping schedule according to kimadia requirement, taking into your consideration that the differences in the supplying period will be one of the comparison elements and supplying period with delivery should be stated in Tender. 3-Kimadia is not committed to accept lowest price and is not committed to order the whole quantity stated in the tender and it is possible to increase or reduce the Qty. before contracting. 4- The prices should be submitted in U.S. Dollar by ink or by printing form (figures and letters) clearly without rubbing or scratching, and the price of each unit will be the reliable price and these prices should be final and notable for negotiation and the priced offer should be signed and stamped ( alive signature & stamp) by the company that submit the offer or through an authorized scientific bureau for signature and stamped clearly or by fully authorized person, and the signature should be graphic (hand writing signature), the bidder should states his signature on the attachments (if available) together with tender document. 5- Offers should be submitted directly by the manufacturing company through either the following: - Director General or his representative. - Assistant of Director General or his representative. - Sales manager (marketing) - Commercial manager. - Legalized scientific bureau -We can accept the authorization of any representative of the company not stated above provided that his authorization should fulfill the legal form and the required legalization. 6- Special instruction concerning the authorization letters (A.L) (I) The authorization letter should be legalized officially by:- A-The chamber of commerce in the country of origin B-Ministry of foreign affairs in the country of origin or notary public.

5 C -Iraqi embassy in the country of origin or its representative there. D- Iraqi ministry of foreign affairs in Baghdad should seal and legalize upon agreement & signature of the Iraqi embassy in the country of origin. E-In any way, if the Iraqi embassy can not seal all these documents above mention either there is no Iraqi embassy or knowing no exact information about a person's identity who is representative in the company so that embassy of the country of origin in Iraq should legalize and seal upon that official authorization letters in order to be legal and acceptable F- If there is no ((diplomatic representation)) between Iraq and country of origin, so the legalizations should be made in a third country from the embassy of the country of origin and the Iraqi embassy in the third country and these improved by ministry of foreign affairs on signing and sealing of Iraqi embassy. (II)-The company should mention in the authorization letter whether it s a manufacturer or supplier ((marketing company) (A) In case of being supplier, you should explain the following:- -names &specialties of the manufacturing companies. -you should have a legalized authorization letter from the manufacturing companies as mentioned above icon no. (I). -your manufacturing company should mention that you are a sole and exclusive (supplier) for all its products in Iraq. (B) In case of being a manufacturer, you should explain the following:- - Mention &verify your specialties (having special knowledge a particular system) - should mention a sole &exclusive representative to deal with for all your products,also should indicate names of your factories and branches by submitted an original establish certification & certified that proved the company factories & its branches. (C) -the A.L should be legalized as mentioned in icon no (I). (D) submitting the manufacturing companies catalogue with (CD) laser including company's products to directorate general of medical information (DGMI) with certifying of manufacturing companies upon these authentic authorization and we will neglect any authorization which is not affix its . (III) The company should specify the name of Iraqi scientific bureau & the name of pharmacist who is licensed from Iraqi syndicate of pharmacists follow up and validity of the completion of technical data upon request by the committee of study and analysis in case of submitting the tenders through scientific bureau, or to forward an authorization for signing the contract as an agent also on the list of the submitted tender and its documents, The scientific bureau should be the exclusive representative to all company products or dealing directly with the company through formal authorize as shown in article no.(6) (IV) The authorization letter must be entitled to kimadia, the state company for marketing drugs and medical appliances, directorate general of medical information ((DGMI) fifth floor relation section and before the closing date. (V)- The name of scientific bureau scientific bureau will added in contract.

6 (VI)-The authorization issued by the manufacturer to marketing company, (in case of the contract with marketing company) should clarify the competence of marketing company concerning the following: A-The signing of contract &execution all its obligations, should be by the marketing company exclusively B-The negotiation about technical affairs and prices. C-To specify the beneficiary applicant &details from documents L/C& beneficiary from bank account with the whole banking details the beneficiary who sign the contract with our firm is the same beneficiary (side) D-To specify the correspondences &the authorities which concerning with tenders as far as submitting it, stamp it, sign it,open it &submitting the prices without satisfaction to issue free authorization which is authorize all these competence E-The confirmation to continuous of execution all contracting obligation &the marketing company will bear a legal responsibility for the period of execution the contract even the period of authorization is ended. With reference to complete the whole procedures included the register at the company &its products & full address &the details for manufacturing & marketing companies &to complete the stamps& legalizations as it done now. F-The contracted companies should submit the legal &required assurances according to the conditions of invitation within stipulated period in these instructions. (VII)-Mention the names of authorized persons who signing the contracts and their administrative description and examples of their signature 7-Your offers should include copies of all original legalized authorization from the manufacturing companies to the marketing companies also to present original legalized copies as in point (4) from article (6) to be handed to DGMI include all legalization above. Note: The original copies should be handed or sent to DGMI before closing date. 8- To submit original & legalized certificate for the company (U.S. FDA, GMP.,EMA,JAP.,MHLW, Canadian,AUS TAG, UK.MHRA, SWISS MEDIC U.S ) & be included in the presentation offer of the study & analysis 9- To submit a certificate of company establishment for the manufacturer and supplier companies with the offer (it should be original, legalized and new. 10- Presenting the final settlements which related to Manufacturer Company for the last five years (2011,2012, 2013, 2014 and2015 ) final accounts which show a profit during the last five years & average rates and the final settlements should be presented in English & Arabic language only. & the indicator of final fundamentalism accounts for recent five years is appositive. 11- Offers that are sent by international express should be sent with all authorization letters and documented papers (original and legalized) in separated envelope in order to be checked and it should be reached to kimadia before the closing date, stating on the outer envelope: the name and no. of the tender, full name and address of the company inside and outside Iraq, otherwise the offer will be neglected, or the offer should be handed directly to the offers receiving committee at the state company of marketing drugs and medical appliances, ministry of health building before or within the closing date; otherwise the offer will be neglected. -The additional forward enclosures with the offer. -Number of pages for each offer. 12-Companies will be black listed in the following cases:- A - When prove dealing with the provincial foreign companies. B -When prove a bribery action proved to one of official employees. C When prove there is forgery in the offer or any other tender documents. D -When prove a false detail is submitted and such false information lead to damage the common weal

7 E -When prove there is a breach of tender document conditions or technical description conditions of supplying lead to damage the common weal F -When the seller insists on not adhering with the professional rules by following the illegal competitive ways. G -When the seller insists on not signing the contract after being notified him with the relegation quotation. H -drawing out the work because lagging of execute the tender or his breach of execute the tender or his breach with contractual Commitments. 13-When the contracted company hide any essential information which will be discovered later on, procedures stated in paragraph 15 will be taken. 14- any change not allowed in contract unless there are agreement between the two parties otherwise the 2nd party considered a breach by his contractual commitments and kimadia has the right to take legal procedures or impose penalty at ratio not less than 1% and not more than 5% for shipping Qty for the arrival item and not comply with our contractual conditions. 15-Neglecting the offer based on reduction a percentage or fixed sum in any of the other presented offers in the tender and not accept any reservation and any reduction against the price presented after the closing date of tender we confirm on the condition for not made any change after the notification of awarding and any letter regarding decrease the prices of offered items after the closing date of the tender or direct invitation without request from KIMADIA will be neglected. 16-In case that bidder has not complied with executing the conformed order will take all legal proceeding against him. 17-All materials must be shipped in a cooled condition and for all transporting ways till it reach Kimadia stores and the seller will be responsible for the compensation of any material which fails in the analysis because of the unsuitable temperature degree during the transport. 18--Required Documents The second party should submit original shipping document (three original and legalized documents from ministry of industry or chamber of commerce and ministry of foreign affairs and commercial attaché or embassy of Iraq at the country of origin) clarifying the loading to the port of destination, the first set should be sent to corresponding bank for receiving the consignment's dues while the second set with six additional copies should be sent to the first party 15 days before the consignment reach their destination and the third set should be sent with the consignment.the sets are: 1.Commercial invoice. 2.Complete loading bills (Airway, Truck, Sea, or multimodal's transport) according to method of transport stated in the contract. 3.Certificate of Origin original and legalized from the concerned authority and Iraqi embassy in country of origin; certifying that the goods are wholly produced or manufactured in the country of origin. 4.Certificate of quality analysis original and legalized for each batch. 5.Packing list 6. Insurance Policy. 7-The following certificates in case of its availability for the awarded materials: (US-FDA, EMA, JAP- MHLW, Canadian, AUS- TGA, UK- MHRA, SWISS-MEDIC) 8-Legalized certificate stating that the material is free from Bovine transmissible spongiform encephalopathy (T.S.E.) for each consignment with the shipping documents for the material used or extracted from the animal origin (cattle).

8 NOTE: Kindly fix the order No. and the national code of the item on all documents, invoices and correspondences related to the contract. 9-The packing material, which is from plant origin, should be free from blights 19-Penalties: 1)Delayed penalties: A- To deliver the materials in accordance with the delivery and shipment stated in the contract and on contrary of this a delay penalty is to be imposed against your firm of every delaying day.and without previous notice according to the following equation :- Amount of contract (original amount of contract + any amendment in amount) / the total duration of contract (original duration of contract + any change in duration) x 10% = fine per day that dose not exceed 10%from amount of contract and after reaching the delay penalty maximum so they can be take legal action under the text of articles (10,30 from instructions of implementing the government contracts no.(2) year B- The first party has the right to take legal action against the second party after warning him officially within (14) days from date of warning and before reaching the delay penalties its max. C- Penalties are reduced according to completion rates of the contractual obligation specified in the plat form of implementation the contracts which issued a certificate of first delivery for preformed work or supplier item or service required matching and ready for use according to the conditions of contract and the application of equation as follows The value of commitment not implemented /total duration of contract X 10% =fine per day D -In case the second party disregards the contractual obligation imposed on him under this contract. A warning will be directed to remove the violation within 45 days from the date of issue and in case of non response the legal actions will be taken according to the text of article 10/2nd from instructions of executing the governmental contracts with respect to confiscate or retain the insurance law on condition that implementation of the contract on his account based on the provisions of article (3) in accordance with implementation methods. 2) As well as the same ratio of Penalty will be as per in article ( A) in case the company not from the date of notifying him and the calculation of the shipping period per 2nd shipment will be started after the arrival of the compensated shipment if the contract was partial shipments otherwise a delay penalty will be imposed according to the ratio that mention on agreed penalties articles and in case the company has not compensate within a/m period kimadia has the right to buy the item from another source on contractor account and bearing him the difference price and to confiscate all insurance and has the right to turn concerned court in order to obtain its rights 20-All bank charges (opening / issuing, L/C and amendment fees ECT) inside and outside Iraq are on the seller account. 21-Any dispute that may arise between the buyer and the seller should be settled through the Iraqi courts in Baghdad and Iraqi laws should be applied when a dispute arise regarding the application of this contract. 22- The scientific bureau which presented by companies is the place chosen to judicial notification also the direct agent of company (like trade manager or market manager etc).

9 23-The continuance responsibility of scientific bureau till after the exp. of authorization from foreign companies which authorized him unless the attached Authorization has been fixed the obligations of previous foreign companies and its traces. 24-Contracts are subjected to Iraqi laws including laws concerning taxes and stamp, justice and announcement fees unless issuing what amended it. 25- Debits incurred upon the seller for the favor of KIMADIA will be obtained according to the state law of obtaining debits No.56 for the year 1977 amended. 26-Medical items should be shipped in a form of palette covered by nylon and placed on a wooden basis. 27-Print on outside pack (pallet or big carton) the national code, order no., and Qty as well as print on inside pack and small pharmaceutical unit (ampoule or bottle or sheet) on well form the mark of (MOH- Iraq) and beneficiary name and shelf life (MF& Exp. Date) and to print (Batch no.) on all inside and outside packs as well as small pharmaceutical unit. 28- The supplier is to abide by the contract conditions and to present shipping documents before arrival of the consignment the duration not less than 15 days and the responsibility of any shortage appearing or any delay that results because of non- availability of shipping documents lies on the supplier. 29-The seller is responsible to compensate the buyer for the defected items or shortage that appear after the distribution, usage of goods in the hospital after the necessary checking & analysis and if it is due to a manufacturing defect. 30-(the seller should compensate the damaged, failed in analysis, missing, shortages items, and the items which not comply with specification required within delivery period stated in contract provided that started calculate from the date of notification company by the fail or shortage or missing taken into yr. consideration that the period must be within the period of execution the contract and the other shipments must be shipped within the same shipping schedule from the date of shipping the compensation Qty otherwise the delay penalty will be imposed at the same percentage stated in penalties terms which agreed upon in case the company not compensate within a/m period, kimadia has the right to buy the item from other source and on contractor account as well as he will bear the difference in price and management charges and confiscates all insurance and added the administrative charges and has the right to resource to special courts to obtain its rights. -The seller must stamp the phrase (failed & not fit to consumption MOH-KIMADIA) on the failure qty. or not compliance to specification in Kimadia stores on supplier account. 31- The offer should be handed directly to the offers receiving committee at the state company of marketing drugs and medical appliances, ministry of health building within the closing date otherwise the offer will be neglected. 32- Closing date for receipt of offers at the end of formal work on 4 / 9 /2016 if the closing day falls on a official holiday the new closing date shall be in the first working day following the holiday. 33-The date of opening the tender will be the day after closing date in Kimadia and in publicly form and to invite the bidders to attend on the day of publicly opening.

10 34- Payment terms: -.50% upon submitting shipping documents. - 50% after the arrival of materials to the warehouses of kimadia and acceptance and release award. Note: payment with U.S.A dollar and Iraqi dinar in case of special exceptions. 35- The L/C should be by irrevocable documentary credit and it is not conformed, the beneficiary can make the L/C conformed and he will bear all charges of conformation with approval of two contracting parties and should be mentioned in his offer, Crediting period is calculated from the reporting of correspondent bank (Bank of the second party) depending by the sending bank (bank of the first party) for the purposes of calculating the shipping time and the imposition of delay penalties. 36- concerning the activity of L/C will be considered from the date of announcement the correspondent bank for supplier and the supplier will responsible to comply with the period of supplying from the date of announcement unless the supplier did not announced for causes out of his will and the will of correspondent bank for supplier.in this case the date of announce him with L/C or amendments which occur on L/C opening according to letter issued from our company to bank which open the L/C is the considered date for shipping. 37- non perform the amendments on L/C after announce the supplier and the date of announcement regards the adopted date for counting the shipments period except the mentioned cases in article (36). 38- Clarify the name of account owner with account no. and other information and the name of account owner must be complying with the name of signed company. 39- All shipments must be accompanied with commercial invoices, packing lists and the original, legalized certificate of origin. 40- In case the item failed in the analysis as verified by our national center for medicine control & research or any concerned party so administrative charges will be added equal to 15% from the total value of failed item & a delay Penalty in case the company not shipped the compensation item within the agreed period in the contract and with the agreed percentage. 41-Pallets should be with the following dimension in order to facilitate the process of receiving and storage of the arrived shipments. * Length 1200 M.M * Width 1000 M.M * Height 1000 M.M (Including the height of pallet based) * And weight of each pallet should be not more than 800 kilo 42-the supplier has to compensate the exp.qty which not spent in stores of MOH at ratio100%. 43- The seller should compensate the defaults items (failed items) in analysis and the exp.. For technical reasons belong to supplier at ratio 100% with 15% management charges from the total QTY and exp. and impose delay penalty in case not shipping the compensation Qty with same period and ratio and to impose delay penalty if non shipping the compensation Qty in the same period and ratio which agree upon in contract. 44-Bid bond: A-the primary insurance (bid bond) for the tender's applicant will not be accepted unless they are inform of guarantee letter or legalize check or svtjh and the swift of a guarantee letter or direct bond are not accepted.

11 B-The tender's applicant should submit primary insurance which amounting 1% from the estimated coast in condition that it should issued by reliable bank at Iraq according to publication Which the central bank has issued it indicating financial efficiency for bank. C- Bid bond should submit by the bidder or any of the share holders of the company or companies participate under contract for the benefit of contracting party and include a reference to the name and number of tender D- Public companies exempt from submitting the bid bond and letter of guarantee good execution stipulated by instruction of implementation the contracts (no.2) year 2014 E-the bond should issued from company which contracted with it or with its legal authorized for issuing the bound under formal and certified authorization. F-The submitting of bond should attached with Litter of legalized issuing (private & secret) send to kimadia by the bank who issued the bond. G-The bond should not conditional and for the favor of kimadia. H-the bond must issued by two languages (Arabic& English) I- The primary insurance will be confiscated for who to be the successful bidder upon his abs taint for signing the contract after the notification with awarding matter and all other legal procedures will be taken against him that indicated in these instructions. And confiscate the bid bonds for those who referred to him the tender when with draw its bid during the period of validity after the closing of tender or refused correction on his calculations mistakes in tender and its reflection or awarding decision and take legal actions set forth in the instructions of implementation the government contracts against him. J-the duration of validity of bid bonds be valid untill after the end of validity tender specified in the documents of tender. 45- Performance bond: a- To be L/C form and stay valid along the period of the contract until complete his contractual obligations provided that submit after issuing the letter of awarding. And before signing the contract and before the opening the L/C and, equal to 5% from the contract amount and valid for the duration of the contract and should not be cancelled until you receive a notification from kimadia, on condition submitting commitment with the offer in this respect. b--the Bank guarantee Should be issued by Iraqi governmental or private Iraqi Bank, and that reliable government banks hasn't the right to issue bank guarantee to foreign company unless submitting requital guarantee issued by foreign Bank (Back to Back) Which has classification issued by one of International classification organizations (Moody's standard and poor) and others or by each insurance not less than guarantee amount and without intermediate from T.B.I and the guarantee should be in Arabic and English language and the Arabic language is one which depend on. c- performance bond should issued from company which contracted with it or with its legal authorized for issuing the bound under formal and certified authorization should be submitted to the bank and include on the term of bond or attached letter issues from the bank which issuing it.

12 d- The submitting of performance bond should attached with letter of legalized issuing (private and secret) send to kimadia by the bank who issued the bond which not conditional and for the favor of (kimadia). And Kimadia has the right to extend or confiscate the performance bond if required to do so, without objection of correspondents or suppliers and with the first written claim. e -The companies &scientific bureaus should take in consideration the following when issued the performance bond:- 1-The letters of guarantee should issues by name of company which signed the contract exclusively. 2-You should confirm the availability of contract no.at letter of guarantee. 3-The amount (no. & written) should be mentioned. 4-You should mention the following article in letter of guarantee (this bond subject and explain in all matters according to the Iraqi laws. 5-The letter of guarantee should financially covered by the bank. 6-Any letter of guarantee will not be received unless attaché with formal letter issuing from the bank who issued the bond and with the signature of director manager in bank or who represents him. 7-The letter of guarantee should be by (Arabic &English) and the Arabic language is the one to rely upon when having any dispute. 8-Should be valid for one year from date of issuing. 9-Should be not direct or conditional. 10- In case of the suppliers un acceptance to make the amendments or extensions on the performance bond or will be a breach of supplier,the amount of bond will be confiscated and deposit it at the account of our company. 11-The letters of guarantee will not be received from the following banks (Ithad/Elaf/Amerald/through Iraq /and all branches of foreign banks which work at Iraq) as it unacceptable by us and the bonds which issued from the branches of banks at governorates will not be accepted. 46- Any amount arrange owed on 2nd party rise from the breach of any contractual commitment the 1st party has the right to ask that in specialist court as well as the cancel if execute his aim. 47- The contract should be arranged in Arabic and English language and the Arabic language is workable in case of any discrepancy may happen between the two parties except some of the technical terms which cannot be translated to Arabic language. 48-First party should be furnished with items stated per attached list according to international standard specifications and announced conditions which agreed upon the qty ( ) according to prices which stated per each article. 49- Receiving the supplied items upon their arrival to Kimadia stores and the insurance of it (CIP) and not free from this obligation till organizing the report of the fundamentalist dump in the place of delivery agreed upon. 50- Receiving items will never be considered as confirmation for compliance to the specification and technical conditions but it will relay on the results of laboratory tests issued by labs..of Iraqi public health (National Center for control and medical research, Central Health Laboratory). After issuing the acceptance and testing decision by the central committee which formed for that, and not only the result of analysis lab. 51- To furnished second party with official letters which relative to contract execution and first party will never be responsible about the results of these correspondences. 52- If the participants in the tender reject executing the contract after notification with awarding, the following procedures will be taken against bidder:- a- the bid bond will be confiscate for the participate upon his obstinate.

13 b- Executing the contract on his account without needing to warn him or take any other legal procedure. c- The contract will be transferred to the second participant if such attitude will achieve the common weal d- - The bidder will bear the price differences between the awarding if available. e - In case of breach the two candidate first &second the contracting side has the right to refer the tender on third bidder & each of two breach the difference of price according to the difference amounts for their nomination & confiscated the bid bond for two. F- In case of breach the third candidate the bid bond will confiscate & re- announcing ear the three breach bidder the difference of price each on according to its price with confiscated the bid bond of three breach bidders. g - Applied to three bidders the procedure which stipulated above when breached during the period of close date for tender. h- The breach after signing the contract in case of breach the supplier of items of services or advisory with his contractual obligation, the contracting side should warning him officially &in case of his un response will implement the obligation on his account in accordance with a method stated in article (3) from this instructions when provide their condition s &the breach contractor bears the compensation of harms (damage) because of this breach according to Iraqi Laws. 53- The second part has no right to relinquish from contract or transfer to another person whatever the methods 54- Governmental contracting side has the right to cancel the tender without the compensation of tender's applicant and the price of the tender document can be sent back only. 55- The applicant of tenders can't delete any article from the terms of tender document or perform any amendment which kind it was The employees of government and public sector should not be participating in tenders directly or indirectly The applicant should state their web site in the tenders documents , the name and address of the person who is responsible for pursue the inquires.against the tenders. 58-Adoption the bidder address which install in the tender & address for correspondence &communications, the bidder should notice the contracting party with any change to this address within seven days of receiving. 59 -Attached in closing the same works if its exist indicated from contracting parties. 60- The bidders should be indicated the name and the address of the authorized person for signing the contract and the reliable authorization documents according to the workable sequences provided that it should be valid upon contracting and issued before signing the contract not more than three months. 61- The contracting side should take the following procedure in their consideration upon contract extension:- 1st- The supplier should execute the contract articles within the period agreed upon.which should be specified upon signing the contract or in any date indicated in the contracting condition as well as.the following reasons should be noticed upon contracts extension.

14 A- If any increment or change occurred in the work for different contracting works or the required qty to be supplied (qualitative, quantitative ) which may effect on executing program has been agreed upon and can't be completed within the specified period according to original contract. B- If the delay for executing the contract related to reasons or procedure for contracting side or any side which has been authorized legally or for any reason which related to another contracting used by contracting side (the work owner). C- If an exceptionable condition have occurred after contracting out of contractors hand which can't be avoided or expected upon contracting which cause delay in completing the works or supplying the required items according to the contract 2nd- The rules of this articles should be applied, that the supplier should submit written request for contracting side or any party which has been authorized, within 15 days for supplying contract which will be started from the date of the reason arise which accordingly, the amendment has been requested which indicating the accurate and complete detail for any request to extend the period., there are no request can be accepted after issuing the initial receiving certificates state per contact conditions. 62- The participant has no right to object of any condition of the tender condition. 63- The participant should submit their contracts prices with the other countries and neighbor countries to Iraq,these attachment prices should be confirmed, signed and stamped by the company that submit the offer 64-To choose the best offer should be depend on preferred standards as follow: -technical specification -after sales services -business of similar statement that are supported by the competent authorities -the accomplish work to the related field -the time line to execute the contract -the size of income and profit in the last three years -the kind of commercial sales and supplying method -the delivery point for the supplied material -the manufacture source (nationality) -all the operational materials and spare for the operational work of the good -The bidders should submit the following: a- The financial and technical qualifications. b-the size of annual obligations including the contractual contracts with advanced countries in supplying its same products. 65-The text on the proprietary own the designs and maps and specifications. 66 -Asking to submit the programmer of required work Method of transport a- CIP Baghdad (specify the way by truck, air, sea) to the warehouses of kimadia at Baghdad by cooled trucks via a port (The two border of ground shipping should be determined for the arrival of goods) on condition that the seller should supply the concerned department (credit dep., clearance dep. And the importing dep. Which specialize with details of any shipment containing: (quantity, kind, amount and entry point) in a period not less than (30) days from the date of arrival to the boarder port. b- In case of shipping by sea; two boarder ports must be specified for the arrival of goods Manager of the commissioner in more than one company is not allowed to submit more than bid in one tender. 69- The contracting party is allowed to fractionate the awarding of goods, materials or required services provided.

15 70- The second party has to ensure the hidden defects or any frailer in the product in duration parallel to shelf life of the product, regarding products without specified shelf life the 2nd party to ensure above defects for five years, calculating of the above periods to begin from the date of receiving tests results. 71- Contracting party may increase the QTY of goods or material to no more than a reserve rate provided for in the implementation of the annual budget instructions,on condition that the financial allocation should available with the same terms of contracting. 72- In case of acceptance our offer the bidder is consider in case: 1-refused to sign the contract after receiving the awarding without legal reasons. 2- Present incorrect information and illegal way different to tender conditions 3- Fail to present the performance bond 73- Delivery the form signature of a person who authorized to signed the contract & tenders to the public relations dept. in our company & conform it with signature in tender & contracts, to be within a dead line not exceed 30 days for completing signature patterns and the name of authorized person, otherwise the bid of company without signature pattern in public relations dept. will be drifted away. 74- Mobile no. of the second party must be mentioned. 75-The period of time for the issuance the certificate of receipt 15 days from date of entry of material processed to the place which selected by first party and final acceptance within 15 days 76-acomprehensive insurance on the commodity equipped and insurance against loss or damage resulting from industrialization or purchase, transport, storage or delivery and all other risks that s means the insurance should be covered for all risks. 77- adoption the original copy and signed by two parties and saved at the first party as it is practice in case of difference 78- Contracting party has the right to cancel the tender without compensating the bidders and before issuing the awarding letter. Note: With regard to contracts of supplying medicines and medical of appliances and equipments are organized on the current budget. Special condition 1. The companies and their products should be registered in MOH of Iraq. 2. The preference for awarding will be to the registered companies taking into consideration legal, technical and financial sides in the comparison. 3. In case there is technical necessity for awarding unregistered product according to the authorized eligibility for our ministry, therefore the company should register its products before opening L/C or before the payment of financial dues by the shipped goods. 4. If the unregistered item was awarded for the company, in such case the specifications, analysis method and standard reference substance should be forward upon the confirmation of the awarding at maximum one month before the irrevocable contract. 5. The company should supply the reference standard with the first shipment and this will be added in the letter of L/C. 6. Items quoted, to be in their brand names. In case items are quoted in generic names, the pharmacopoeia should be stated.

16 7-In case the item is not registered any settlement for this contract not be done unless presenting document prove that the sealer submit the legal document to registration department. 8- The company must submit one of the certificates listed below (if available) for each item within the tender submitted (US-FDA, EMA, JAP- MHLW,Canadian, AUS- TGA, UK- MHRA, SWISS-MEDIC ) 9. Prices:- a- Total price should be mention in the offer, the priced offer should be signed and stamped (the signature and the stamp should be graphic (hand writing signature)) b-the price should be mentioned digit form & writing in case of disagreement with the price recorded a number it also relies on the unit price in case of incorrect amount of paragraph. c- The price per unit means price per tablet, ampoule, vial, bottle, tube etc d- If paragraph or paragraphs did not record the price towards them in the tender.in this case the cost of the paragraph or paragraphs & with limits quantities assigned to the total price of tender. 10. It is preferable that the drug packed according to the registered packing. 11 Active ingredients should be confirmed in full details concerning the salts, strength etc Offers evaluation depend on: quality, price, delivery, past performance. 13. Shelf life of each item should be mentioned. 14. Origin of raw materials should be mentioned. 15.Quotations have to be delivered in the same format as request for tender in disk, CD & hardcopy (derived from CD or Disk) originally signed and stamped all its paper and all the information should be compatible and When there are substantial discrepancies incurred between the paper offer and the disk our company (Kimadia) has the right to neglect the offer and to rely upon the paper offer in case of the availability of simple discrepancies taking into consideration that these differences will be specified whether they are simple or not by the analysis and studying committee. 16. Shipment to be from freshly manufactured batches, not more than(6) months old upon arrival to Kimadia s stores for item with 3 years or more shelf life,and not more than (3) months old for items with 2 years shelf life or less. 17. The order is to be supplied in limited number of batches and quantity of each batch must be mentioned in the invoices together with manufacture & expire date. 18. Sample will be sent to national center for control and medical research, for test and evaluation and their results are reliable. 19. The first party has the right to request any claimed amount arise on the second party caused by breaching any contractual obligation in the specialized court and might breaking the contract if necessary.

17 20. Standard reference substances (i.e. B.P.C Rst U.S.P Rst E.U.C Rst) not working standard together with method and legalized certificate of analysis are to be sent with the order to our national center for medicine control & research 21. The terms of the letter of credit will include the following: [the method of analysis with international standard substance for purpose of analysis should be send within the first shipment of contract and the original and the legalized certificates of analysis with each batch of each shipment of the order}. a delay penalty will be imposed on it according to particular equation ( penalty's articles (17 / A,B) which previously mentioned in General conditions of medical tender ) and the delay penalty will impose on the whole amount of first shipment which the above requirements doesn't send with it ]. 22- To submit the following for products of human blood origin:- A- Certificates for plasma pool data and safety certificates during the producing process. B- The methods which used to extract the viruses of HBV, HCV, HIV and others during manufacturing process. C-The method of analysis and the final product safety certificate from the manufacture company which indicates that final product is free from viruses. 23. To submit documents stating that the gelatin which used in manufacturing capsules is from botanic or animal (halal) origin according to Islamic law 24. Any item or quantity that fails in analysis as verified by our national center for medicine control & research is to be compensated by the manufacturer. 25. In case the item failed in the analysis or have been expired & the company not respond for compensation within 15 days after sending a warning letter including the compensation & draw the failed or expired item, kimadia has the right to destroy the failed or expired items & dropping the right of the company for getting back the item or its value. 26. Kimadia has the right to neglect the presented offer, in case the offered information are not complete, i.e. company information and MEDICINE information, according to the tender conditions, as well as the information in your offer if not match with the stated information in the announcement. 27- Submitting official and legalized certificate of suitability (COS) for the raw materials used in the manufacturing of these products (cefotaxime, ceftriaxone) with certificate of GMP for raw materials factory. 28- Special condition for medical milk: a-adoption weigh 400gm as unit of measurement &the maximum limit is 1000gm for Kimadia when contracting. b-to be mention either in (BNF) OR (Martindale) last edition c- Milk to be identical to recently updated British specifications. d- To be filled in the country of origin to avoid contamination during packaging. 29- The supplying companies of chemotherapeutic products obliged to re-export the failed and expired quantities of such products and not requesting to destroy it by our company. The definitions of each field are as follows: Declaration