Jilin Province Drug Centralized Bidding Purchasing Contract

Contract number: _________

place of signing:_________

Signing time: _________ years _________ months ______ days

Tenderer: _________

bidder:_________

In order to standardize the centralized bidding and purchasing behavior of drugs, protect the legitimate rights and interests of the parties to the contract, and maintain the order of drug circulation, according to the "Contract Law of the People's Republic of China", "The Drug Administration Law of the People's Republic of China" and the State Council's Office of Correction, etc. This Agreement is formulated in accordance with the relevant provisions of the Interim Measures for the Administration of Bidding and Procurement Management.

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│ RMB │

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The drugs provided by the first bidder must comply with the national quality standards and relevant quality regulations and requirements.

Article 2 The bidder must provide the relevant documents and procedures for the actual permit sales required by the tenderer, such as the valid certificate of operation, the production and operation license of the drug, the quality standard, and the price list. .

Article 3 The first batch of drugs supplied by the bidder shall provide the test report of the real provincial or municipal drug testing institute. Each batch of products shall be accompanied by the product certificate; the imported drugs shall be accompanied by the quality inspection report of the supplier and the imported drugs. Registration certificate. The bidder shall be fully responsible for all losses caused by the quality of the drug.

Article 4 The bidder shall be a production enterprise, and the medicines supplied shall not exceed 3 months of the date of manufacture. The bidder shall not supply the medicines supplied by the operating enterprise for more than 6 months; the period of the expiration date shall not be less than the period of validity of the prescribed period. one third. The bidder shall provide the following 10 batches of medicines, and no more than 2 batch numbers for 50 pieces or less, and no more than 4 batch numbers for 50 pieces or more. The date of manufacture of each batch number shall not exceed 1 month.

Article 5 Standards for the supply and recycling of packaging materials and packaging standards

Unless otherwise specified in the packaging, all drugs provided by the bidder shall be packaged in accordance with standard protective measures to prevent the drug from being damaged or deteriorated during transport, and to ensure that the drug is safely transported to the designated place.

A detailed packing list and quality inspection report should be attached to each package. The documents inside and outside the packaging, marking and packaging shall comply with the requirements of the contract, including the special requirements of the tenderer.

Article 6 Inspection standards, methods, time, place and duration

If the tenderer confirms that the drug quality inspection is required, the bidder shall be notified in writing of the specific requirements for quality inspection. If the bidder agrees to carry out the quality inspection of the drug, or proves that there is a quality problem in the drug through inspection, the cost of the drug quality inspection shall be borne by the bidder and the inspection shall be carried out at the final destination of the bidder's delivery.

The tenderee shall confirm the inspection of the drug when receiving the drug. If the tenderer does not meet the contract requirements, the tenderee has the right to refuse to accept it. The bidder shall promptly replace the rejected drugs and shall not affect the clinical use of the tenderer.

If the tenderer finds that the drug has quality problems, he has the right to choose alternative drugs among other short-listed drugs. The above decision must be reported to the health administrative department for filing within 7 days.

Article 7 Settlement method, time and place

After the tenderer receives the last batch of drugs distributed under the contract, the bidder shall pay the full price according to the prescribed settlement time. The tenderee and the bidder may negotiate and determine the preferential price ratio of the winning drug according to different settlement conditions. This discount rate must not be changed during the execution of the contract.

The tenderer shall pay the due price on a monthly basis and the tender.

The tenderer shall settle the price with the bidder in the manner prescribed by the drug purchase and sale contract.

The bidder shall submit to the tenderer the certificate of the invoice of the traded drug and the relevant documents and other obligations stipulated in the contract.

The settlement time is the corresponding price for the tenderer to sell the drug delivered by the bidder for 3 months.

Article 8 Conditions for the dissolution of this contract

1. Default termination contract:

In the event that the tenderer is not affected by the following circumstances, the tenderer may issue a written notice to the bidder to propose a partial or complete termination of the contract:

The bidder may come to provide some or all of the medicines within the time limit specified in the contract or within the time limit agreed by the tenderer;

The bidder failed to perform other obligations as stipulated in the contract;

The tenderer determined that the bidder had serious illegal acts in the implementation of this contract.

According to the above provisions, the tenderer may, after terminating all or part of the contract, purchase other winning varieties or finalists at the time of bid evaluation, and notify the bidding agency and report to the health administrative department within 7 days. The bidder shall be responsible for the portion of the cost that is exceeded for the purchase of the alternative medicine. The tenderee has the right to request the bidder to continue to execute the unconfirmed part of the contract.

If the tenderer fails to settle the payment on time according to the provisions of the winning bid, the bidder has the right to require the tenderer to pay the statutory late payment fee and bear the corresponding liability for breach of contract until the contract is terminated.

2. Termination of the contract due to bankruptcy:

If the bidder is insolvent or insolvent, the tenderer may notify the bidder in writing at any time to propose a termination contract without compensation to the bidder. The termination contract will not prejudice or affect the rights of the bidder to take or will take any action or remedy.

Article 9 Liability for breach of contract

1. Bidder's performance delay:

In the process of fulfilling the contract, if the bidder encounters a situation that hinders the timely distribution of the medicine and the provision of the accompanying service, the bidder and the bidding agency shall be notified in writing of the fact of the delay, the time and reason for the delay. The tenderer or the tendering agency shall verify the situation as soon as possible after receiving the notification from the bidder. It is up to the tenderer to determine whether to extend the delivery time and whether to collect liquidated damages or terminate the contract. The extension shall be approved and re-signed by both parties by modifying the contract.

If the bidder delays delivery without justified reasons, the following sanctions will be imposed, including the payment of the delay payment and/or the termination contract.

2. Delay in compensation:

Except as provided in the first paragraph of Article 11 of this contract. If the bidder fails to deliver the medicine and provide accompanying services according to the time specified in the contract, the tenderer shall deduct the liquidated damages from the price without affecting other remedies under this contract.

The penalty for each delay of one week is 5% of the late payment of the drug price, until delivery or service, calculated on the 7th day of the week, and less than 7 days by the week. The maximum amount of liquidated damages is 10% of the total contract price. Once the maximum amount of liquidated damages is reached, the tenderee can terminate the contract.

After paying the liquidated damages, the bidder shall also perform the due delivery obligation.

3. Bidder's performance obligations

The tenderee must unconditionally purchase the winning bid under this contract. If the bidder has no breach of contract, the tenderee may not purchase other brands of drugs to replace the winning bidder for any reason.

The tenderer shall complete the purchase of the winning bid for the winning bid. If the purchase amount of the contract is not completed within the procurement cycle specified in this contract, the procurement shall be continued until the next procurement cycle until the purchase amount of the contract is completed.

The tenderee shall specify the settlement bank's timely settlement price in accordance with the contract. There is no reason to interfere with the normal settlement of the settlement bank.

The tenderee must require the bidder to truthfully open the invoice according to the actual transaction price, and truthfully record it.

If the tenderer fails to perform the above contractual obligations, he will be subject to the following sanctions: payment of statutory late payment fee and/or termination of contract.

4. force majeure;

The delay in the implementation of the contract due to force majeure or the failure to perform the contractual obligations shall not be liable for the delay or termination of the contract.

“Force Majeure” as used in this Article refers to events that are uncontrollable and unforeseen by the affected party, but does not include intentional breach of contract or negligence, including but not limited to: war, severe fire, flood, typhoon, earthquake and other parties. event.

After the event of force majeure, the affected party shall notify the signatory of the circumstances and causes of force majeure in writing as soon as possible. The Affected Party shall continue to perform its contractual obligations as far as practicable and seek to adopt a reasonable plan to perform other matters that are not affected by force majeure. After the impact of the force majeure event is eliminated, the parties may reach an agreement to further perform the contract within a reasonable time by negotiation.

Article 10: Settlement of contract disputes:

The disputes arising during the performance of this contract shall be settled by the parties through negotiation; they may also be settled by the local industrial and commercial administrative department; if the negotiation and mediation are not completed, the following methods shall be resolved:

Submit to the _________ Arbitration Commission for arbitration;

Prosecuted in accordance with the law in the _________ People's Court.

Article 11 Other agreed matters;

1. Purchasing cycle: 12 months from the date of signing the contract.

2. Batch purchase contract: The batch purchase contract issued online is one of the components of the final drug purchase and sale contract.

3. Other obligations:

The bidding parties agree that all the drugs in the transaction catalogue will be traded through the Jilin Province Haihong Pharmaceuticals e-commerce platform according to the published bid price, and will not be traded in other ways.

Both bidders and bidders strictly keep confidential the relevant information of Jilin Haihong Pharmaceuticals e-commerce platform.

Both bidders and bidders recognize the online transaction as a form of procurement, and recognize that the transaction data of Jilin Haihong Pharmaceuticals e-commerce platform has legal effect on both parties.

The distribution and distribution are the responsibility of the pharmaceutical wholesale enterprise and the distribution and delivery business entrusted by the bidder or the bidder. The time and quantity of each delivery shall be subject to the tenderer's procurement plan or contract. The delivery of emergency medicines shall not exceed 4 hours, and the distribution of general medicines shall not exceed 24 hours. The same batch of drug test report should be provided at the time of delivery. The tenderer transmits the batch purchase plan to the bidder's distributor according to the Jihonghongtong e-commerce platform of Jilin Province, and the bidder distributes accordingly. The time and quantity of each bidder's delivery must be strictly in accordance with the batch procurement plan transmitted by the tenderer.

Accompanying service:

Bidders may be required to provide one or all of the following services:

On-site handling or storage of medicines;

Provide utensils for unpacking or dispensing of medicines;

Replace damaged or near-term drugs or other unqualified packaged drugs found in the box when they are opened;

Conduct on-the-spot explanations or training for the clinical application of the drugs provided at the place designated by the tenderer;

Other related service items that other bidders should provide.

If the bidder needs to charge a fee for the accompanying service that may occur, it should be indicated at the time of the quotation.

Contract modification: Except in the case where the parties sign a written modification agreement and become an integral part of this contract, there shall be no changes or modifications to the terms of this contract.

Article 12: Bidders and bidders must strictly abide by the provisions of the State Law, Regulations and the Interim Measures for the Supervision and Administration of Centralized Purchasing of Chemicals, and consciously obey the supervision and administration of the administrative departments.

Article 13 The tenderer shall purchase the drugs according to the provisions of the procurement contract and pay according to the agreed time. No additional conditions shall be set.

Article 14 This contract may be signed by the agent of the tenderer in accordance with the agency agreement of the tenderer and in the name of the tenderee.

Article 15 This contract must be accompanied by a notice of winning the bid, otherwise it will be invalid.

Article 16 This contract shall become effective after being signed and sealed by both parties.

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│ Tenderer │ Tendering Agency │ Bidder │

│ │ │ │

│Tenderer:: │Tendering Agency:: │Tenderer:: │

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│ residence: │ residence: │ residence: │

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│ Legal representative: │ Legal representative: │ Legal representative: │

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│Authorized Agent: │Authorized Agent: │Authorized Agent: │

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│Phone: │Phone: │Phone: │

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│Fax: │Fax: │Fax: │

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│ Bank of deposit: │ Bank of deposit: │ Bank of deposit: │

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│ Account: │ Account: │ Account: │

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│ Zip Code: │ Zip Code: │ Zip Code: │

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│ Year Month Day │ Year Month Day │ Year Month Day │

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│ Forensic opinion: Forensic authority: │

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│Manager: │

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│ Year Month Day │

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