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E-Tender Notice
Directorate of lvledical Education & Research, Mumbai, hereby invites the tender in two partsystems for Out Sourcing of already installed and working C.T.Scan & MRI Machine in Gokuldas TejpalHospital, Mumbai. The details are as follows.
1. Period of sale of e- tender form dt.24.O4.2O19 To dt.14.05.20192. Period of bid p reparation dt.24.O4.z0tg To dt.14.05.2019
Closing of Bid dt.14.05.2019 up to 5.oo p.m.4. Date & time for submission of
tenderdt.14.05.2019 -7.00 p.m. To dt.16.05.2019- 11.00 am.
5. Bid opening (Envelope No.1) dt.16.05.2019 at 12.00 p.m.6. Pre Bid Meeting dt.02.05.2019 at 11.30 am
Meeting Venue - Directorate of Medical Education &Research, Govt. Qental College, Bldg. 4th Floor, Mumbai-l
Details of Equipment
For details information, the interested Bidders may visit the website http://dmer.maharashtra.etenders.in/www.med-edu.in& http://Maharashtra govt. The interested bidders will have to pay service provider feefor online submission of bid @ Rs 1054/- per tender. The non refundable tender fee as per shown in tenderform (for one bid) will be paid Online on or before dt.14.05.2019 up to 5.OO pm.The details regarding schedule, Terms & conditions are available on the website http://dmer. maharashtra.etenders.in
The Director of Medical Education & Research, Mumbai reserves the right to reject the tender without anyreason thereto.
Website - http.//dmer. maharashtra.etenders.in Email :- [email protected] No, 1 9L-022-22G20361-65 (Ext. 338/339)
e*kJrDireYor
Medical Educalion , Research, Mumbai.
Sr,
No.E-Code Name of the equipments Name of the
lnstituteTender
Fees
E,M.D,Amount
01 E-01 (19-20) Out Sourcing of Already installed andworking C. T. Scan & MRI Machine
Gokuldas TejpalHospital, Mumbai.
s,000/- 7,OO,M/-
महाराष्ट्र शासन संचालनालय, वदै्यकीय शशक्षण आशण सशंोधन, म ंबई. DIRECTORATE OF MEDICAL EDUCATION & RESEARCH Government Dental College & Hospital Building, St. George's Hospital Compound, Mumbai - 400 001.
Tel. No. +91-22-22620363-65
Fax: +91-22-22620562/ 22652168
Website: https://dmer.maharashtra.etenders.in/ E-mail- [email protected]
Tender for
Operation and Maintenance of Existing C. T. Scan and MRI
Machine located in Gokuldas Tejpal Hospital, Mumbai.
Tender No - 01(2019-20)
2
Table of Contents
SECTION 1. TIME SCHEDULE OF THE TENDER ..........................................................................................................3
SECTION 2. NOTICE INVITING OFFER .......................................................................................................................4
TABLE – 1: DETAILS OF THE EXISTING CT & MRI MACHINES ......................................................................................................... 4
SECTION 3. INSTRUCTIONS TO THE BIDDER.............................................................................................................6
SECTION 4. SCOPE OF WORK ................................................................................................................................. 12
SECTION 5. TERMS & CONDITIONS OF THE RFP ..................................................................................................... 14
SECTION 6. TECHNICAL CAPACITY: ........................................................................................................................ 17
BIDDERS PROFILE ................................................................................................................................................................ 17
ANNEXURES ....................................................................................................................................................................... 20
SECTION 7. FINANCIAL BID (ENVELOPE B) ............................................................................................................. 21
PRICE SCHEDULE ............................................................................................................................................................. 21
SECTION 8. ANNEXURE I - DETAILS OF APPLICANT ............................................................................................... 22
SECTION 9. ANNEXURE II TECHNICAL CAPACITY OF THE BIDDER ........................................................................... 23
SECTION 10. ANNEXURE III - QUALIFICATION AND EXPERIENCE FOR THE STAFF ENGAGED IN CT SCAN/MRI CENTRE
24
A. QUALIFICATIONS:........................................................................................................................................................ 24
B. RESOURCE DATA ........................................................................................................................................................ 25
SECTION 11. ANNEXURE IV - ANNUAL TURNOVER AND NET WORTH STATEMENT FOR LAST THREE YEARS ............ 26
SECTION 12. ANNEXURE V - JOINT VENTURE AGREEMENT...................................................................................... 27
SECTION 13. ANNEXURE VI POWER OF ATTORNEY................................................................................................. 31
VI.A. FORMAT FOR POWER OF ATTORNEY TO AUTHORISED SIGNATORY ......................................................................................... 31
VI.B. FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF JOINT VENTURE ........................................................................... 33
SECTION 14. ANNEXURE VII (UNDERTAKING TO BE SIGNED BY THE BIDDERS) ........................................................ 34
SECTION 15. CHECK LIST OF THE TENDER DOCUMENTS .......................................................................................... 37
3
Section 1. TIME SCHEDULE OF THE TENDER
1. Tender no.
e-tender- 01_(2019-20)_ Operation and Maintenance
of existing C.T.Scan and MRI machine located at
Gokuldas Tejpal Hospital, Mumbai, on Public Private
Partnership (PPP) Basis
2. Nature of work
Operation and Maintenance of existing C. T. Scan and
MRI machine located at Gokuldas Tejpal Hospital,
Mumbai, on Public Private Partnership (PPP) Basis
3. Name of the hospital Gokuldas Tejpal Hospital, Mumbai. (the Hospital)
4. Cost of tender form Rs. 5000/- Non-refundable, to be paid online
5.
Sale of tender
Documents
From. 24/04/2019 To 14/05/2019. The Prospective
bidders will be authorized to download the tender
form from the website
https://dmer.maharashtra.etenders.in/ [Only after the
Online purchase of tender form.]
6. Pre – bid meeting Date 02/05/2019 at 11.30 a.m. in the office of
D.M.E.R, Mumbai
7. EMD
Rs.7,00,000/-
(EMD Should be submitted Online before
14/05/2019 upto 17.00 p.m.)
8.
Last date for payment of
amount towards cost of tender
form
To be paid on or before 14/05/2019 upto 05.00 p.m.)
by online payment mode.
Sr.
No.
Schedule of e-tendering activity
Activities Start Expiry
Date Time Date Time
1 Online tender release 24/ 04 /2019 11.00 24/ 05/2019 5.00
2 Online tender documents
download 24 /04 /2019 11.00 14/ 05/2019 11.00
3 Online bid preparation 24 /04/2019 11.00 14/ 05/2019 11.00
4 Online technical bid closing 14 /05/2019 5.00 14/05/2019 5.00pm
5 Online commercial bid closing 14 /05/2019 5.00 14/05/2019 5.00pm
6 Online submission of bid 14/05 /2019 05.01 16/05/2019 11.00
7 Online tender opening
(technical) 16 /05/2019 12.00pm 30/05/2019 11.00
8 Online tender opening
(commercial) 22 /05 /2019 11.00 30/05/2019 11.00
NOTE: All bid related activities (process) like tender download, bid preparation , bid submission
and bid opening etc. will be governed by time schedule under the key dates mentioned in above
schedule. The venue for opening of bids and pre bid meeting will be at office of Directorate of
Medical Education & Research, Government Dental College & Hospital Building, 4th floor, St.
George’s Hospital compound, Near C.S.T Railway Station, Mumbai – 400 001.
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Section 2. NOTICE INVITING OFFER
1. Directorate of Medical Education and Research Mumbai (D.M.E.R) invites offers in (2) two
envelope system from eligible bidder for Operation & maintenance of existing C.T. Scan & MRI
Machine at Gokuldas Tejpal Hospital, Mumbai as provided below, and as may be
amended/upgraded/changed by the Hospital or D.M.E.R from time to time.
Table – 1: Details of the Existing CT & MRI Machines
Existing Machine
Name
Name of the
Manufacturer
company
Model Name Year of Purchase
Machine
Functioning date
64 Slice C.T. Scan
Machine
Philips Electronics Brilliance 64 Slice 2011
02.12.2011
1.5 Tesla M.R.I
Machine
Wipro GE Healthcare Signa 1.5 Twin
Speed HDx
2010
31.08.2010
2. The tender copy can be downloaded from D.M.E.R.‟s portal ttps://dmer.maharashtra.etenders.in/
3. All interested Bidders, whether already registered or not registered in D.M.E.R., are mandated to
get registered with D.M.E.R for e-Tendering process and obtain Login Credentials to participate
in the Online bidding process. However, bidder who are currently debarred / blacklisted till
bidding period by D.M.E.R. /Central Government /State Government / Public Sector Undertaking
/ any other Local Body cannot participate in bidding process as on the date of submission of Bid.
The details of the same are available on the above-mentioned portal under 'Tenders'. For
registration, enrolment for digital signature certificates and user manual, please refer to
respective links provided in 'Tenders' tab.
4. The Bidders can get digital signature from any one of the certifying Authorities (CA's) licensed
by the Controller of Certifying Authorities namely Safes crypt, IDRBT, National Informatics
Centre, TCS, Customs, MTNL GNFC and e-Mudhra. D.M.E.R. The administrative, technical
and commercial bids shall be submitted online up to the end date & time mentioned above in the
‘Time Schedule’.
5. The pre-bid meeting will be held on 02.05.2019 at 11.30am at Conference Hall, 4th floor,
D.M.E.R, Government Dental College & Hospital Building, St. George's Hospital
Compound, Near C.S.T.M., Mumbai - 400001.
6. The prospective Bidder(s) should submit their queries, if any, in writing minimum 2 days
before Pre-bid meeting. Only queries received in writing will be discussed and clarified in pre-
bid meeting and any modification of the tendering documents, which may become necessary
as a result of pre-bid meeting, shall be made by D.M.E.R. exclusively through the issue of an
addendum/corrigendum. The tender uploaded shall be read along with any modification.
Authorized representatives of prospective Bidder(s) can attend the said meeting and obtain
clarification regarding specifications, works & tender conditions. Authorized representatives
should have authorization letter to attend the pre-bid meeting. The tender document is
available on D.M.E.R. portal (www.med-edu.in ) along with this tender notice available at
https://dmer.maharashtra.etenders.in/. However, the Bidder shall have to pay "e-
tender price" through online payment gateway before downloading and uploading the tender
document in e Tendering Module.
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7. The Bidder shall submit his Bid in 2 (two) envelopes, namely Envelope A – Technical Bid and
Envelope B – Commercial Bid. Envelope B will be opened of only those Bidders who qualify the
Technical Bid.
8. The Bidder shall have to pay a Tender Fee of Rs. 5,000/- through on-line payment only.
9. The Authority (D.M.E.R.) shall not be liable for any omission, mistake or error in respect of any
of the above or on account of any matter or thing arising out of concerning or relating to the
tender or the bidding process, including any error or mistake therein or in any information or
data given by the authority.
10. This RFP does is in no way a contract and D.M.E.R reserves the right to reject all or any of
the e-tender(s) without assigning any reason at any stage.
11. The Bidders shall note that any corrigendum issued regarding this tender notice will be
published on the D.M.E.R. portal only. No corrigendum will be published in the local
newspapers.
By Order of the
Director D.M.E.R Mumbai
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Section 3. Instructions to the Bidder
1. The Bidder can apply individually as Sole Bidder or as a Joint Venture with a maximum of 2
(two) Members including the Lead Member.
2. The Bidder can be a Company, One Person Company (OPC), Limited Liability Partnership
(LLP), Partnership, Trust, Society, NGO registered under the Companies Act 1956/2013, LLP
Act 2008, Partnership Act 1932, Societies Act and/or any relevant laws. DMER shall not accept
Bids submitted by an association of persons unless it in form of a Joint Venture entered upon
by an agreement as provided in Annexure V of this RFP.
3. The Bidder has to bid for both C.T. Scan and M.R.I machine installed at G.T. Hospital, Mumbai
as mentioned in the Table – 1.
4. Earnest Money Deposit: The Bidder shall pay and EMD of Rs. 7, 00,000/- by means of online
payment/DD/bank guarantee at the time of submission of the Bid. The E.M.D. of the successful
bidder will be adjusted towards security deposit and the balance amount of security deposit will
have to be paid by the successful bidder within one month from issuance of LOA, by the
Authority.
5. Security Deposit: The Successful Bidder shall pay a Security Deposit of Rs.,50,00,000
(Rupees Fifty Lakhs only) in the form of a demand draft or Bank guarantee shall be issued by a
Scheduled Bank in India, drawn in favour of the Superintendent, Gokuldas Tejpal Hospital,
Mumbai and payable at Mumbai (the “Demand Draft”). The Superintendent, Gokuldas Tejpal
Hospital, Mumbai shall not be liable to pay any interest on the Security Deposit so made and
the same shall be interest free. The security deposit will be returned to the Bidder after
completion of lease/ concession period on faithful compliance of contract.
6. If the Successful Bidder does not execute the agreement within three months’ time after issue
of Letter of Award (LOA), his Earnest Money Deposit will be forfeited.
7. The E.M.D. is liable to be forfeited, if the party/Successful Bidder -
a) Withdraws the offer within a period of 180 day from the due date of submission of the offer
and before receipt of communication regarding acceptance or non-acceptance from the
D.M.E.R.
b) If the Successful Bidder fails to commission the Centre within 3 (three) months of issue of
Letter of Award issued by D.M.E.R, the contract is liable to be terminated & E.M.D. is liable
to be forfeited. The party shall not have any claim for compensation of amount invested by
him. The D.M.E.R can get the balance work executed through any other Successful Bidder
/ Bidder as decided by D.M.E.R.
8. The EMD shall stand forfeited by the D.M.E.R in the event of the Successful Bidder
withdrawing his offer before the expiry of validity period or extended validity period.
9. After issue of letter of award (LOA) to Bidder, they will have to execute the Lease/ Concession
agreement with the D.M.E.R within a period of 90 days from acceptance of LOA.
10. PRE-BID MEETING
a) Pre-Bid meeting of the bidder shall be convened at the designated date, time and place.
Only those persons who have purchased the bid document shall be allowed to participate in
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the pre-bid meeting. The maximum of two representative of each bidder shall be allowed to
participate in the pre-bid meeting.
b) During the course of pre-bid meeting, the bidder will be free to seek clarification and make
suggestions for consideration of the D.M.E.R. The D.M.E.R shall endeavor to provide
clarification and such further information as it may, in its soul discretion, consider
appropriate for facilitating a fair, transparent bidding process.
c) It is advisable to ask query, if any, in written form at least prior to two days from the date of
pre-bid meeting.
11. Curable & Non Curable Defects
a) Curable Defect shall mean shortfalls in submission such as: a. Non-submission of following
documents:
i. Valid Registration Certificate
ii. Sales Tax Registration Certificate (VAT)
iii. Certified Copies of PAN documents and photographs of individuals, owners, etc.
iv. Partnership Deed and any other documents
v. Undertakings as mentioned in the tender document.
vi. Wrong calculation of Bid Capacity,
vii. No proper submission of experience certificates and other documents, etc.
b) Non-curable Defect shall mean
i. In-adequate submission of EMD/ASD amount,
ii. In-adequacy of technical and financial capacity with respect to Eligibility criteria
as stipulated in the tender
2. Forfeiture of EMD
The EMD may be forfeited:
a) In case the Bidder withdraws or modifies his Bid after opening of Bids
b) In case if, Bidder to whom LoI had been issued fails to sign the Contract /MSA within the
stipulated time in accordance with the terms and conditions of this RFP
c) In case the Bidder does not deposit the Security Deposit as per the terms and conditions of
this RFP
c) In case of any other conditions where it is specifically mentioned in this RFP
The Competent Authority from Department will have the right to confirm the Bank Guarantee
details from the bank.
3. Site visit and verification of information
a) Bidders are encouraged to submit their respective Bids after visiting the Project sites and
ascertaining for themselves the site conditions, patient volumes, location, surroundings,
availability of power, water and other utilities for operation of facility, access to site,
applicable law and regulations, and other matter considered relevant by them.
b) It shall be deemed that by submitting a Bid, the Bidder has:
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i. Made a complete and careful examination of the Bidding Documents;
ii. Received all relevant information requested from the D.M.E.R;
iii. Accepted the risk of inadequacy, error or mistake in the information provided in the
Bidding Documents or furnished by or on behalf of the D.M.E.R relating to any of the
matters referred herein above;
iv. Satisfied itself about all matters, things and information including matters referred
hereinabove necessary and required for submitting an informed Bid, execution of
the Project in accordance with the Bidding Documents and Performance of all its
obligations there under;
v. Acknowledged and agreed that inadequacy, lack of completeness or incorrectness
of information provided in the Bidding Documents or ignorance of any of the matters
referred hereinabove shall not be a basis for any claim for compensation, damages,
extension of time for performance of its obligations, loss of profits etc. from the
D.M.E.R, or a ground for termination of the Concession Agreement by the
Successful Bidder;
vi. Agreed to be bound the undertaking provided by it under and in terms hereof.
4. The D.M.E.R shall not be liable for any omission mistake or error in respect of any of the above
or on account of any matter or thing arising out of or concerning or relating to BID, the bidding
Documents or the Bidding Process, including any error or mistake therein or in any information
or data given by the D.M.E.R.
5. Verification and Disqualification - The D.M.E.R reserves the right to verify all statements,
information and documents submitted by the Bidder in response the bid the Bidding Documents
and the Bidder shall, when so required by the D.M.E.R make available all such information
evidence and documents as may be necessary for such verification. Any such verification or
lack of such verification, by the D.M.E.R shall not relieve the Bidder of its obligations or
liabilities hereunder nor will it affect any rights of the D.M.E.R there under.
6. Rejection of Bids
a) Notwithstanding anything contained in this Bid, the D.M.E.R reserves the right to reject any
Bid and to annual the Bidding process and reject all Bids at any time without any liability or
any obligation for such acceptance, rejection or annulment, and without assigning any
reasons therefore. In the event that the D.M.E.R rejects or annuls all the Bids, it may, in its
discretion, invite all eligible Bidders to submit fresh Bids hereunder.
b) The D.M.E.R reserves the right not to proceed with the Bidding process at any time, without
notice or liability, and to reject any Bid without assigning any reasons.
7. Validity of Bids.
The Bids shall be valid for a period of not less than 180 (one hundred and eighty) days from the
Bid due date. The validity of Bids may be extended by mutual consent of the respective Bidders
and the D.M.E.R.
8. Confidentiality
Information relating to the examination, clarification, evaluation and recommendation for the
Bidders shall not be disclosed to any person who is not officially concerned with the process or
is not a retained professional advisor advising the D.M.E.R in relation to, or matters arising out
of or concerning the Bidding process. The D.M.E.R will treat all information, submitted as part
of the Bid, in confidence and will require all those who have access to such material to treat the
9
same in confidence. The D.M.E.R may not divulge any such information unless it is directed to
do so by any statutory entity that has the power under law to require its disclosure or is to
enforce or assert any right or privilege of the statutory entity and/or the D.M.E.R or as may be
required by law or in connection with any legal process.
9. Correspondence with Bidder
Save and except as provided in this Bid, the D.M.E.R shall not entertain any correspondence
with any Bidder in relation to acceptance or rejection of any Bid.
10. Selection of Bidder/ Award of Bid
a) Subject to the provisions of the tender, the Bidder whose Bid is adjudged as responsive and
who quotes the highest Premium offered to the D.M.E.R shall be declared as the selected
Bidder (the “selected Bidder”).
b) In the event that two or more Bidders quote the same amount of Premium, as the case may
be (the “Tie Bidders”), the D.M.E.R shall identify the Selected Bidders by draw of lots, which
shall be conducted, with prior notice, in the presence of the Tie Bidders who choose to
attend.
c) In case, if the selected bidder fail to commission the center within 3 months of receipts of
letter of award (LOA), his E.M.D. /S.D. will be forfeited. In such case, the next eligible
bidder’s offer will be considered.
d) The Bid shall be awarded to the bidder who has quoted the highest Monthly Concession fee.
e) Save and except as provided herein above, the E.M.D. of unsuccessful Bidder will be
returned by the D.M.E.R, without any interest, as promptly as possible on acceptance of the
Bid of the Selected Bidder or when the Bidding process is cancelled by the D.M.E.R, and in
any case within 60 (sixty) days from the Bid due date.
f) The selected Bidder’s Security Deposit will be returned (without any interest) after
completion of the lease period.
g) The D.M.E.R shall be entitled to forfeit and appropriate the Security Deposit as Damages
inter alia in any of the events specified herein below. The Bidders, by submitting its Bid
pursuant to this Bid shall be deemed to have acknowledged and confirmed that the D.M.E.R
will suffer loss and damage on account of withdrawal of its bid or for any other default by the
Bidder during the period of Bid validity as specified in this Bid. No relaxation of any kind on
EMD shall be given to any Bidder.
h) The Security Deposit shall be forfeited as Damages without prejudice to any other right or
remedy that may be available to the D.M.E.R under the Bidding Documents or otherwise,
under the following conditions.
i. If a Bidder submits a non-responsive Bid,
ii. If Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.
iii. If a Bidder withdraws it’s Bid during the period of Bid validity as specified in this BID
and as extended by mutual consent of the respective Bidder(s) and the D.M.E.R.
iv. In the case of selected Bidder, if it fails within the specified time limit
v. To sign and return the duplicate copy of LOA;
vi. To sign the concession Agreement or
vii. To furnish the security deposit within the period prescribed therefore in the concession
agreement; or
viii. In case the selected Bidder, having signed the concession Agreement, commits
10
DRAFT RFP F
ix. Any breach thereof prior to furnishing the security deposit.
11. FRAUD AND CORRUPT PRACTICES
The bidders and their respective officers, employee, agents and adviser shall observe the
highest standard of ethics during the bidding process and subsequent to the issue of the
LOA and during the subsistence of the Concession agreement, the D.M.E.R may reject a Bid,
withdraw the LOA, or the terminate the concessions agreement as the case may be, without
being liable in any manner whatsoever to the bidder or Successful Bidder, as the case may
be, has directly or indirectly or through an agent, engaged in corrupt practice, fraudulent
practice, coercive practice , undesirable practice or restrictive practice in the bidding process .
In such an event, the D.M.E.R shall be entitled to forfeit and appropriate the EMD or security
deposit as the case may be, as damages, without prejudice to any other right or remedy that
may be available to the D.M.E.R under the bidding documents and / or the concession
agreement, or otherwise.
Without prejudice to the rights of the D.M.E.R under clause hereinabove and the rights and
remedies which the D.M.E.R may have under the LOA or the concession agreement or
otherwise if a bidder or Successful Bidder, as the case may be , is found by the D.M.E.R to
have directly or indirectly or through an agent , engaged or indulged in any corrupt practice ,
fraudulent practice , coercive practice , undesirable practice or restrictive practice during the
bidding process or after the issue of the LOA or the execution of the concession agreement ,
such bidder or Successful Bidder shall not be eligible to participate in any tender or BID issued
by the D.M.E.R during a period of 2 (two) years from the date such bidder or Successful Bidder,
as the case may be, is found by the D.M.E.R to have directly or indirectly or through an agent ,
engaged or indulged in any corrupt practice fraudulent practice , coercive practice undesirable
practice or restrictive practice , as the case may be.
For the purpose of this clause the following terms shall have the meaning hereinafter
respectively assigned to them:
“Corrupt practice” means (a) the offering giving , receiving , or soliciting, directly or indirectly
, of anything of value to influence the actions of any person connected with the bidding process
( for avoidance of doubt, offering of employment to or employing or engaging in any manner
whatsoever, directly or indirectly, any official of the D.M.E.R who is or has been associated in
any matter, any directly, or indirectly with the bidding process or the LOA or has dealt with
matters concerning the concession agreement or arising there from, before or after the
execution thereof, at any time prior to the expiry of one year from the date such official resigns
or retires from or otherwise ceases to be in the service of the D.M.E.R shall be deemed to
constitute influencing the actions of a person connected with the bidding process or (b) save
the expect as this bid, engaging in any manner whatsoever , whether during the bidding
process or after the issue of the LOA or after the execution of the Concession agreement , as
the case may be , any person in Respect of any matter relating to the Project or the LOA or the
Concession Agreement who at any time has been or is a legal, financial or technical advisor of
the D.M.E.R in relation to any matter concerning the Project,
“Fraudulent practice” means a misrepresentation or omission of facts or suppression of facts
or disclosure of incomplete facts, in order to influence the Bidding Process.
“Coercive practice” means impairing or harming, or threatening to impair or harm, directly or
indirectly, any person or property to influence any person’s participation or action in the Bidding
Process.
11
“Undesirable practice” means (a) establishing contact with any person connected with or
employed or engaged by the D.M.E.R with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Bidding Process, or (b) having a Conflict of
Interest and
“Restrictive practice” means forming a cartel or arriving at any understanding or arrangement
among Bidders with objective of restricting or manipulating a full fair competition in the Bidding
Process.
12. Successful Bidder
Generally, the Highest Bidder shall be the Selected Bidder. The remaining Bidders shall be
kept in reserve. In case such Highest Bidder withdraws or is not selected for any reason, in
that event the offer of the second lowest will be considered.
12
Section 4. SCOPE OF WORK
1. The Successful Bidder shall appoint necessary medicos for running the CT and MRI center.
The Radiologist appointed by the Licensee should have P.G degree in Radiology recognized by
MCI or DNB. All Medico Legal, Clinical service liability will be that of the bidder and not of the
Hospital.
2. The Successful Bidder shall provide at least 1 (one) Radiologist, 2 (two) CT scan and MRI
Technicians, 2 (two) Nurses and 2 (two) Ward boys with requisite qualification & experience as
mentioned in the Annexure - III. The personnel appointed shall not be changed or substituted
by the Successful Bidder during the term of the Contract (3 + 2 years if extended) without prior
consent of DMER. In event of approval by DMER for such change, the Successful Bidder shall
first provide a more or equally qualified professional who should be acceptable to the Hospital
and DMER before releasing the originally appointed professional.
3. Successful Bidder shall put up a sign board in English and Marathi for indicating the location of
the Center.
4. In case of increasing of workload, first preference will be given to the hospital IPD patients.
5. In case of breakdown of the machines Successful Bidder shall make an alternative
arrangement for investigation for IPD/OPD patients.
6. The Successful Bidder is free to do scans of private patients. In case of free patients, the Dean
of GGMC & Sir JJH Mumbai /Medical Superintendent of the Hospital will certify the eligibility for
such free patients.
7. The Successful Bidder should perform a minimum of 12 MRI Scans and 20 C. T. Scans daily
free referred through the Hospital. The free patients will be referred from GGMC & Sir JJ Group
of Hospitals Mumbai ( i.e St. George Hospital , Sir JJ hospital , Cama Hospital and GT
Hospital) confirmed and verified by the Superintendent, Gokuldas Tejpal Hospital.
8. The Successful Bidder shall maintain a register of the free patients attended by them daily and
shall submit the same to the Hospital on a monthly basis. The Hospital may tally the same with
their records from time to time. In event of any discrepancy, the Successful Bidder shall be
given 15 (fifteen) days’ time to provide a reasoning for the discrepancy based on their records.
9. Electric Bill, telephone bill, internet bill and Water Charges will be paid by the bidder per month.
The bidder will apply for separate electric meter & water meter.
10. Emergency for the Government patients should be given topmost priority during any time of the
day over Successful Bidder’s patients.
11. Requisition forms for C.T. Scan should be made available by Successful Bidder at all times.
The responsibility of filling of forms for Government Patients/patients sent by the Hospital, shall
be of the Hospital. Similarly, responsibility of forms of the Successful Bidder’s patients shall be
of the Successful Bidder. A separate register for Government and Successful Bidder patients
should be kept. Sufficient number of forms should be handed over to G.T. Hospital for the
same.
12. Successful Bidder must cooperate regarding training, education and research activities in MRI
and CT scan for students, teachers and employees of G.T. Hospital, but Successful Bidder
should not use it for its own educational, training and research purpose.
13. If Government desires to start postgraduate or other educational study course in future, the
Successful Bidder has to co-operate the Government. Post graduate students will be allowed in
13
the premises for learning and teaching purposes, with the free patients. But Successful Bidder
should not undertake its own private study course.
14. The cleanliness, sanitation and hygiene of MRI and CT Scan Unit are responsibility of
Successful Bidder.
15. The MRI and CT Scan Unit premises will not be utilized for residential purpose.
16. The Successful Bidder/firm/corporation etc. should provide films, paper, and envelope and
medication contrast media to all Government as well as Successful Bidder patients. The
Successful Bidder has to do totally free work for Government patient’s right from scanning,
reporting of the MRI and CT scan.
17. After completion of the tenure, the Successful Bidder should vacate the space within a period of
15 days.
14
Section 5. TERMS & CONDITIONS OF THE RFP
1. The concession period shall be 3 (Three) years (the ‘Concession Period’). This period can be
extended to further 2 years by the DMER with prior consent of the State Government.
2. The image record of academic / M.L.C cases should be property of Hospital.
3. G.T. Hospital already has a functioning 1.5 Tesla MRI machine and 64 Slice CT Scan Machine.
The functioning of the CT and MRI machines and their accessories and ancillary equipment
should be done by the Successful Bidder through Comprehensive Maintenance Contract
(CMC) and Annual Maintenance Contract (AMC). The regular repair and maintenance of both
machines shall be borne by the Successful Bidder and the Hospital or the DMER shall not be
held liable for the same
4. Period of Operation
a) C. T. Scan facility to be provided round the clock (24x7) and M.R.I Scan facility to be
provided at least between 8.00 am to 8.00 pm subject to overall equipment uptime
requirement.
b) The Successful Bidder shall not accept the private patient from 8.00 a.m. to 2.00 p.m.
However the emergency patients of the Government Hospital will get priority during 24 hrs.
c) The C.T. Scan reports should be generated within 2 hrs of performing the Scan of
emergency patients if done before 4.00 p.m. and by next morning 10.00 a.m. if done after
4.00 p.m. M.R.I. Reports to be finalized within 24 hrs. of performing the Scan. Successful
Bidder should not give any information related to patient to any media. Successful Bidder
cannot published any data obtained from this centre to any online media, print media or any
journal.
d) If services of other medical specialists like anesthesiologist or physician, pediatrician are
needed while operating MRI and CT Scan it is total responsibility of Successful Bidder for its
own patients. The Successful Bidder shall attend to patients sent by G.T. Hospital during
8.00 a.m. to 11.30 a.m. and 6.00 p.m. to 9.30 p.m. during which period the hospital may
provide one staff nurse to co-ordinate and assist scanning of Government patients.
5. Downtime Limit
a) The minimum equipment uptimes shall be 95% for the entire year. The Successful Bidder
shall notify the hospital and D.M.E.R about any downtime promptly and any unavailability of
equipment/ services during such downtime (within acceptable limit of 5% downtime) shall not
be penalized.
b) Any downtime exceeding the permitted downtime shall be penalized and liquidated damages
shall be applicable and levied on the Successful Bidder @ 1% of the security deposit per day
for downtime exceeding the permissible limit.
6. Penalty for Nonperformance or malpractice
a) If the Successful Bidder fails to meet the minimum requirement of Government patients i.e.
less than 20 Government patients per working day for C.T. Scan and 12 Government
patients for MRI or denies an emergency patient , the Successful Bidder will liable to pay
penalty of 2,00,000/-per day to G.T. Hospital. However, if the hospital does not provide 20
15
Government patients per working day for MRI and CT Scan then this Clause will not be
applicable.
b) In case the Successful Bidder is found charging excess rate than the stipulated rates, then a
penalty of 10 times of the amount of difference in the rate charged and the D.M.E.R Rate will
be recovered from the Successful Bidder. Further occurrence of more than three times such
event, the Successful Bidder will be liable for termination of the contract.
c) The Successful Bidder shall ensure that the minimum staff as required under this RFP is
available at all times at the CT Scan and MRI Center.
a. In event of absence of a Radiologist at the center, the Successful Bidder shall be
liable to pay a penalty of Rs. 10,000 /-per day to G.T. Hospital till the time of absence
of the Radiologist on the first instance. If the absence of a Radiologist at the center is
repeated for more than one instance, the Successful Bidder shall be liable to pay a
penalty of Rs. 20,000 /-per day to G.T. Hospital till the time of absence of the
Radiologist on the second instant and Rs. 30,000 /-per day to G.T. Hospital till the
time of absence on the third instant.
b. In event of the absence of one out of two CT and MRI Technician, the Successful
Bidder shall be liable to pay a penalty of Rs. 5,000 per day to G.T. Hospital till the
time of his absence and in event of absence of both Technicians, Rs. 10,000/-per
day to G.T. Hospital till the time of absence on the first instant. If the absence is
repeated for more than one instance, the Successful Bidder shall be liable to pay a
penalty of Rs. 10,000 per day for one technician and Rs. 20,000 /-per day for
absence of both Technicians on the second instant and Rs. 15,000 /-per day for one
Technician and Rs. 30,000 for absence of both Technicians.
c. In event of the absence of one out of two Nurses, the Successful Bidder shall be
liable to pay a penalty of Rs. 2500 per day to G.T. Hospital till the time of her
absence and in event of absence of both Nurses, Rs. 5000/-per day to G.T. Hospital
till the time of absence. If the absence is repeated for more than one instance, the
Successful Bidder shall be liable to pay a penalty of Rs. 5,000 per day for one
technician and Rs. 10,000 /-per day for absence of both Technicians on the second
instant and Rs. 10,000 /-per day for one Technician and Rs. 20,000 for absence of
both Technicians.
d. In case of complaints of non-availability of a staff during the working hours, the
Successful Bidder shall be liable to pay a penalty of Rs. 25,000/- as verified by
Superintendent, G.T. Hospital, Mumbai
e. In event of absence of any staff for more than 3 instances, DMER may terminate the
contract with immediate effect as well as take any other action permissible under the
law in force.
7. Termination
The DMER may terminate the contract with the Service provider by giving a 30 days’ notice in
event of any breach committed by the Service Provider, save and except, termination as per
Clause 6 above of Section 5 of the RFP; or by giving a 60 days’ notice at its discretion.
16
8. Confidentiality
The Successful Bidder shall acknowledge and agree that all information of the patients of the
hospital is confidential and shall not be disclosed, released or published at any time even after
the expiry/termination of the contract. All information of the patients and/or of the hospital or
any information that the D.M.E.R may consider confidential shall be returned or destroyed by
the Successful Bidder within 15 days of completion of the tenure as D.M.E.R may suggest.
9. Indemnity
The Successful Bidder shall indemnify D.M.E.R for any loss, damage or claim that may arise
due to an action, omission or negligence of the Successful Bidder. The Successful Bidder must
give an Indemnity Bond of Rs.,50,00,000/- (Rupees Fifty Lakhs only) for any operational,
accidental, intentional defaults that may arise during operation of the MRI and CT Scan
Machine. CMC and AMC of MRI and CT Scan machine are responsibilities of G.T. Hospital but
operational damage, which is caused by Successful Bidder, is totally Successful Bidder’s
responsibility. G.T. Hospital will not be responsible for operational damage caused by poor
handing by Successful Bidder but Successful Bidder will repair on its own the MRI and CT
Scan Machine.
10. Dispute Resolution
a) Any operational dispute which may arise, including that stated above in Clause 8 of Section
4, the matter shall be heard by the Superintendent G.T. Hospital or any other such authority
appointed by D.M.E.R. The decision of Superintendent or the appointed authority shall be
final for both parties.
b) In event that the matter is not resolved under Clause 24(a) or for any other dispute falling
under the RFP and/or the contract the parties shall refer the matter before the Secretary,
D.M.E.R who shall appoint a Committee consisting of the (i) Director, DMER, (ii) Head of
Department (Radiology), Gokuldas Hospital Mumbai / JJ Hospital - Mumbai, and Finance &
Accounts Representatives appointed by the Secretary - MEDD. The decision of the
committee shall be final and binding on parties.
c) In event that the parties are not able to resolve the matter before the
Superintendent/appointed authority or by the Committee appointed by Secretary MEDD
under Clause 24 (b), then the matter shall be heard by a Sole Arbitrator appointed by
D.M.E.R as per the provisions of the Arbitration and Conciliation Act 1996. The decision of
the committee shall be final and binding on parties.
11. Payment of Premium:
a) The Monthly Concession Fee ‘Premium’ amount shall constitute a criteria for evaluation of
bids. The Project will be awarded to the Highest Bidder quoting the highest Premium subject
to the validity of the bid.
b) The base value of ‘Premium” or monthly concession fee for both machines is Rs.10,00,000/-
(Rs. Ten Lakh only). The bidder will have to quote over and above the base premium. Bids
are invited for the Project on the basis of Monthly Concession Fee, (the ‘Premium’) payable
monthly to the Superintendent, Gokuldas Tejpal Hospital, and Mumbai.
17
c) The Successful Bidder shall pay the agreed Premium in favour of the Superintendent,
Gokuldas Tejpal Hospital, Mumbai, before the 5th of every month. In case of delay in the
payment of premium; the amount will be recovered with 18% interest per month.
d) If the Bidder fails to pay the premium for 2 (two) consecutive months, D.M.E.R shall be
authorized to terminate the contract and forfeit the Performance Security to the extent of the
unpaid amount plus interest thereupon.
12. Assignment
The Successful Bidder shall not at any time or assign, sublet, sub-contract or transfer the rights
and obligations under this contract without the previous consent in writing of DMER. In case the
Successful Bidder shall at any time commit any breach of this covenant then DMER shall be
authorized to terminate the contract and forfeit the Security Deposit as damages.
Section 6. Technical Capacity:
Bidders Profile
The Tender is designed for Operating and Maintaining the existing CT Scan and MRI machines
located at Gokuldas Tejpal Hospital, Mumbai.
So before filling in the tender, Bidders are requested to go through the RFP and its Annexures
carefully, wherein the tender conditions and contract conditions are clearly mentioned. The
contract period for this tender is for 3 (three) years extendable by another (2) Two years,
subject to annual performance appraisal.
Eligibility Criteria (To be submitted in Envelope A)
S.NO. Sub
S.NO.
Eligibility Criteria Supporting
Document to be
provided by Bidder
1 RFP Document fee Rs. 5,000/- (Five Thousand Only.) Proof of Online
Submission on
Tender Website
2 EMD submission Proof of Rs. 7,00,000 / - (Rs. Seven
Lakhs Only)
Proof of Submission
on Tender Website
3 Entity Details
a) The Bidder can be a Company, One Person Company
(OPC), Limited Liability Partnership (LLP), Partnership,
Trust, Society, NGOs registered under the Relevant
Acts such as Companies Act 1956/2013, LLP Act
2008, Partnership Act 1932, Societies Act and/or any
other relevant laws in force in India
Copy of
Certificate of
Incorporation
Copy of Goods &
Service Tax
Registration
(GST) Certificate
Copy of
PAN/TAN
18
The Bid may be submitted by a Sole Bidder
individually or a Joint Venture with a maximum of 2
(two) Joint Venture Members (including the Lead
Bidder).
Joint Venture
Agreement in the
format provided
in Annexure V of
this RFP.
b) Bidder’s Office
The Bidder should have registered offices in India and
should be in existence in India for at least the last 5
years, as on 31st March 2019.
The Bidder should also have an office in Mumbai
Metropolitan Region (MMR), if the Bidder does not
have an office in Mumbai Metropolitan Region (MMR)
as on date of submission of bid, the Bidder, if selected,
will be required to open an office within 30 days of
signing of the contract, with At least 1 person at the
local office is to be designated as a local point of
contact for the Department.
Rental Agreement/
Utility Bill in the
name of the
company/Sale Deed
or Declaration that
the office will be set-
up within a period of
30 days from the
date of issuance of
Letter of Intent.
c) Financial Capacity
I The Average annual turnover of the Bidder (Lead
Bidder in case of a Joint Venture) during last three
financial years shall be minimum Rs. 1, 00, 00, 000/-
(One Crore only)
Certificate issued by
a Statutory Auditor
for past 3 (Three)
financial years
(2016-17, 2017-18,
2018-19)
Copies duly audited
balance sheet and
profit and loss
account for the
preceding 3 (Three)
financial years
(2016-17, 2017-18,
2018-19)
Ii The Bidder shall have filed his taxes regularly in the
preceding 3 years
Income Tax
Clearance Certificate
duly certified by
Chartered
Accountant for past 3
(Three) financial
years (2016-17,
2017-18, 2018-19)
Iii (a) The Bidder (Lead Bidder in case of a Joint Venture)
shall have a positive net worth in the financial year
preceding the date of Bid submission.
Certificate issued by
a Statutory Auditor
for past 3 (Three)
financial years
19
(2016-17, 2017-18,
2018-19)
4 Bidder’s Experience
i) The Bidder shall deploy at-least:
1 (one) Radiologist
2 (two) CT scan and MRI Technicians
2 (two) Nurses
2 (two) Ward boys
with requisite qualification & experience as mentioned
in the Annexure - III.
Medical
qualifications of
the medical
professionals hired
in accordance with
format provided in
Annexure III.b
Documents
evidencing the
requisite work
experience of
each professional
deployed by the
Bidder
5 Blacklisting
i) The Bidder should not debarred/ black listed by either
D.M.E.R./ central Government / state Government /
Public sector undertaking/any other Local body as on
the date of submission of the Bid nor convicted under
the provision of IPC or Prevention of Corruption Act.,
nor any criminal case is pending against me/us in any
court of law.
Undertaking to be
submitted on a non-
judicial stamp paper
as per Annexure - VII
The tender shall be uploaded only by the Bidder with his own
digital signature or authorized representative, in whose name
the tender document is downloaded. Authorization letter of
authorized representative shall be uploaded in packet “A‟.
Authorization Letter
by the firm
authorizing the
Signatory to sign the
bid
The Original Bid document duly signed (on each page) by the
authorized person shall be submitted with the Bid
20
Annexures
1. Details of applicant as per Annexure - I
2. Technical capacity of the bidder minimum 3 years of experience of running CT Scan
center and MRI center or CT Scan cum MRI center As per Annexure - II
3. List of the Doctors, C.T / MRI technicians & Radiology Assistant, Nurses & Ward boys
with the bidders with requisite qualification & experience as per Annexure - III.
4. Annual Financial Statement as per Annexure IV along with past 3 Financial years’
Balance Sheet and Profit and Loss Statement
5. A Joint Venture Agreement in event the Bidder comes as a Joint Venture in accordance
with Annexure V
6. Power of Attorney as per Annexures VI.a and VI.b (in case of a Joint Venture)
7. An Undertaking signed by the Bidder’s authorised signatory on behalf of the Bidder as
per Annexure VII
21
Section 7. Financial BID (Envelope B)
PRICE SCHEDULE
Item
No.
Description
Total Premium per month (Inclusive of all taxes) in
Rs.
A 64 Slice C.T.
Scan Machine
Amount in Rs.
(In Words Rs. ………………………………………..)
B 1.5 Tesla M.R.I
Machine
Amount in Rs.
(In Words Rs. ………………………………………..)
C Total ( A + B )
Amount in Rs.
(In Words Rs. ………………………………………..)
Signature of the Bidder
Name
Designation & Seal
Note :- The bidder should upload above price schedule in PDF format.
22
Section 8. Annexure I - Details of Applicant
1 Name: (i) For Sole Bidder: Name of the Service Provider.
(ii) For Joint Venture: Names of all Members of the Joint Venture
2 E-mail address
of the firm:
Email address of the Lead Member in case of a Joint Venture
3 Structure Whether Bidding as a Sole Bidder or a Joint Venture. In event of a
Joint Venture, copy of the Joint Venture Agreement in accordance
with Annexure V
4 Incorporation Date and Place of Incorporation. In case of a Joint Venture, of all
Members of the Joint Venture
5 Business Profile Brief description of the Company including details of its main lines of
business and proposed role and responsibilities in this Project:
6 PAN/TAN
Number
PAN/TAN number of the Sole Bidder or the Members of the Joint
Venture
7 GST registration
number
GSTN Number of the Sole Bidder
8 Address: (i) Registered Head Office with Postal Address and Telephone
Numbers of the Sole Bidder/Lead Member
(ii) Registered Head Office with Postal Address and Telephone
Numbers of all Members of the Joint Venture
(iii) Mumbai Office address with Telephone Numbers..
(iv) Undertaking by the bidder of opening the Office in MMR within 30
days of award of contract in case the bidder does not have office
in Mumbai
9 Registration of
the Bidder
Copy of Registration for Company, One Person Company (OPC),
Limited Liability Partnership (LLP), Partnership, Trust, Society, NGO
registered under the Companies Act 1956/2013, LLP Act 2008,
Partnership Act 1932, Societies Act and/or any relevant laws.
10 Particulars of the
Authorised
Signatory of the
Bidder:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
Signature of the Bidder
Name
Designation & Seal
23
Section 9. Annexure II Technical Capacity of the Bidder
1. An experience of running at least MRI and CT-Scan facility for a period of three years
preceding the bid due date. The bidder needs to provide only that experience where both
CT & MRI services provided and not just one service. This is to be certified by C.A./
statutory auditor in addition to authorized signatory of the bidder.
Operated and maintained the following type of CT Scan & MRI equipment
Sr.
No.
Details of equipment Operated and
Maintained
Location
and
Address
Total Value
of project &
duration
Date of
installation
Whether in
continuation
(Y/N)
CT
Scan
MRI
1 No. of
equipment
Specification
No. of Scans
per month
2 No. of
equipment
Specification
No. of Scans
per month
3 No. of
equipment
Specification
No. of Scans
per month
Note:
a) In support of the above experience, Applicant should provide certificate(s) from its statutory
auditor stating the above experience.
b) Provide the PPP Model / Revenue sharing model and premium paid by the bidder to the
purchaser or amount paid by the purchaser to the bidder on monthly basis as per service
charges
c) The applicant is also required to provide sale / lease agreements, installation report(s) and
AMC/ CMC agreements (if applicable) for the above-mentioned diagnostic equipment
@ Provide details of only those projects that have been undertaken by the Bidder under its own
name and/ or by an Associate.
24
Section 10. Annexure III - Qualification and Experience for the staff engaged in CT
Scan/MRI Centre
A. Qualifications:
CT Scan & MRI Team Supporting documents
The team for operating the CT Scan/MRI facility at the
hospital on 24 hrs. basis should have minimum a
Radiologist, 2 CT Scan/MRI technician, 2 nurses and 2
ward boys. The eligibility criteria for each of them shall
be as follows:
1. Eligibility Criteria for Radiologist: The radiologist
should hold MD/DNB degree in Radiology with 8
year of experience in radiology field or the
radiologist should hold Diploma in Medical Radio
diagnosis with 10 years of radiology related
experience.
2. Eligibility Criteria for CT Scan/MRI Technician: The
technician should hold a Degree / Diploma in CT
Scan/MRI technician from an Institute recognized
by Paramedical Board in India. Experience as MRI
technician for 5 years is required.
3. Eligibility Criteria for Nurse: The nurse should hold
an ANM/GNM Diploma or BSc Degree in Nursing
from an Institute recognized by Indian Nursing
Council, Experience as Nurse for 1 year is
required.
4. Eligibility for Ward Boy: The ward boy should be
10th / 12th pass with 1 year of experience of working
in a hospital or medical facility.
Relevant Certificates of education
and work experience.
Also mention name, designation,
address and telephone number of
the contact officer from whom the
details can be verified.
25
B. Resource Data
The Bidder shall submit the following details of individual(s) who will serve as the point of contact/
communication for the D.M.E.R
S.No Personnel Employed Details (To be provided for each
professional)
1 Radiologist (a) Name
(b) Designation:
(c) Company:
(d) Telephone Number:
(e) E-Mail Address:
(f) Qualification:
(g) Years of Experience
2 CT Scan & MRI Technician
(1)
3 CT Scan & MRI Technician
(2)
4 Nurse (1)
5 Nurse (2)
6 Ward boy (1)
7 Ward boy (2)
8 Any other personnel
deployed
26
Section 11. Annexure IV - Annual Turnover and Net worth Statement for Last Three Years
The Annual Turnover of M/s.--------------- for the past three years are given below and certified that
the statement is true and correct.
(duly submitted in original & online also)
S.No.
Year Turnover Rs. in Lakh
1 2016-17
2 2017-18
3 2018-19
The Net worth of M/s.------------ as on date--------------- is --------------------
Date :-
Seal :- Signature of Statutory Auditor/
Name (in capital letters)
27
Section 12. Annexure V - Joint Venture Agreement
Bid No: 00000000000
<< To be printed on a stamp paper and signed by Authorized signatories of the Lead Bidder and
Joint venture members>>
THIS JOINT VENTURE AGREEMENT is entered into on this the ………… day of ………… 20…
BY and BETWEEN
1. M/s………….…………, a ……………… incorporated under the ……………………… and having
its registered office at
………………………………………………………………………………………………………………
(herein after referred to as the “LEAD MEMBER” which expression shall, unless repugnant to
the context include its successors and permitted assigns)
AND
2. M/s………….…………, a ……………… incorporated under the ……………………… and having
its registered office at
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
(herein after referred to as the “SECOND MEMBER” which expression shall, unless repugnant
to the context include its successors and permitted assigns)
The Parties herein above shall collectively be referred to as ‘Members’ of the Joint Venture
WHEREAS,
i. The D.M.E.R , having its office 4th Floor, Government Dental College & Hospital Building, St.
George's Hospital Compound, Near CSTM., Mumbai - 400 001 (hereinafter referred to as
the “Department” which expression shall, unless repugnant to the context or meaning
thereof, include its administrators, successors and assigns) has invited applications (the
Applications”) by its Request for Proposal No. ………… dated ………… (the “RFP”) for
Operating and Maintaining the CT Scan and MRI Center at the Gokuldas Tejpal Hospital on
PPP Model for a period of 3 (Three) Years which may extended to another 2 (two) years (the
“Project”).
ii. The RFP stipulates that (2) two bidder(s) may form a Joint Venture among themselves and
apply for the Bid, provided they fulfill the Pre-qualification criteria provided in the Section 4 of
the RFP.
iii. They should have legally valid Joint Venture agreement as per the prescribed format for the
purpose of participation in the bidding process. The total no of a Joint Venture shall be
limited to 2 (two) members.
iv. The Members are interested in jointly bidding for the Project as members of a Joint venture
and in accordance with the terms and conditions of the RFP document and other bid
documents in respect of the Project, and It is a necessary condition under the RFP
document that the members of the Joint venture shall enter into a Joint Venture Agreement
and furnish a copy thereof with the Application.
28
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. Definitions and Interpretations
In this Agreement, the capitalized terms shall, unless the context otherwise requires, have
the meaning ascribed thereto under the RFP.
2. Joint venture
The Members do hereby irrevocably constitute a joint venture (the “Joint venture”) for the
purposes of jointly participating in the Bidding Process for the Project.
2.1 The Members hereby undertake to participate in the Bidding Process only through this
Joint venture and not individually and/ or through any other joint venture constituted for this
Project, either directly or indirectly or through any of their Associates.
3. Role of the Members
The Members hereby undertake to perform the roles and are accountable as described
below:
3.1 Role Of the Lead Member
i. The Lead member of the Joint venture shall conduct all business for and on behalf
of the Joint venture during the Bidding Process and until the Appointed Date
3.2 Role of the Second Member
i. <to be defined by Lead Bidder>
ii. <to be defined by Lead Bidder>
4 Joint and Several Liability
i. The Members do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms of
the RFP
ii. The Members specifically under take to carry out their separate and full compliance
with the contract with the Department. Each Member shall be responsible jointly
and severally for consequences if any arising out of defective or delayed execution
of their responsibility and / or it has been caused due to acts and or omission of the
concerned Member.
iii. The Members jointly & severally agree to replace, modify or repair any defect in
their respective portion of works in accordance with the terms and condition of the
contract with the Department.
iv. Despite any breach by the Lead Member or other Member(s) of the Joint Venture
agreement, the Member(s) do hereby agree and undertake to ensure full and
effectual and successful performance of the Contract with the Department and to
29
carry out all the obligations and responsibilities under the said Contract in
accordance with the requirements of the Contract.
v. It is expressly understood and agreed between the Members to this Joint Venture
agreement that the responsibilities inter se amongst the Members shall not in any
way be a limitation of joint and several responsibilities and liabilities of the
Members towards the Department.
vi. It is clearly understood that the Lead Member shall ensure performance under the
agreements and if one or more Member(s) fail to perform its /their respective
obligations under the agreement(s), the same shall be deemed to be a default by
all the Joint Venture. The Department, at its discretion, may take any measures,
punitive and corrective against the Members collectively, the Lead Member or any
other Member of the Joint Venture.
5 Representation of the Members
Each Member represents to the other Members as of the date of this Agreement that:
5.1 Such Member is duly organized, validly existing and in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement;
5.2 The execution, delivery and performance by such Member of this Agreement has been
authorized by all necessary and appropriate corporate or governmental action and a copy of
the extract of the charter documents and board resolution/ power of attorney in favour of the
person executing this Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint venture Member is annexed to this Agreement, and will not,
to the best of its knowledge:
i. require any consent or approval not already obtained;
ii. violate any Applicable Law presently in effect and having
iii. applicability to it;
iv. violate the memorandum and articles of association, by-laws or other applicable
organizational documents thereof;
v. violate any clearance, permit, concession, grant, license or other governmental
authorization, approval, judgment, order or decree or any mortgage agreement,
indenture or any other instrument to which such Member is a Member or by which
such Member or any of its properties or assets are bound or that is otherwise
applicable to such Member;
vi. create or impose any liens, mortgages, pledges, claims, security interests, charges
or encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such Member, except for
encumbrances that would not, individually or in the aggregate, have a material
adverse effect on the financial condition or prospects or business of such Member
so as to prevent such Member from fulfilling its obligations under this Agreement;
vii. this Agreement is the legal and binding obligation of such Member, enforceable in
accordance with its terms against it;
viii. there is no litigation pending or, to the best of such Member's knowledge,
threatened to which it or any of its Associates is a Member that presently affects or
which would have a material adverse effect on the financial condition or prospects
or business of such Member in the fulfillment of its obligations under this
Agreement.
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6 Indemnity
6.1 If the Department suffers any loss or damage on account of any breach of the Contract
or any shortfall in the performance in meeting the performance guaranteed as per the
specification in terms of the Contract, the Member(s) of these presents undertake to
promptly make good such loss or damages caused to the Department, on its demand
without any demur. It shall not be necessary or obligatory for the Department to proceed
against Lead Member to these presents before proceeding against or dealing with the other
Member(s). The obligation of each of the member is absolute and not independent of the
Joint Venture/Joint Venture or any member.
6.2 The Members jointly and severally shall indemnify and hold harmless the Department against
any claim made by the other Member any other third Member for injury, damage loss or
expenses is attributed to the breach/ non performance of the responsibilities of the
indemnifying Member in accordance with the agreements and / or contract with the
Department.
6.3 The Members herein agree to assist and cooperate with the Department in any matter, claim,
suit or action made against the Department, or any loss, damage suffered by the Department
as a result of breach or non performance of the a Member of the Joint Venture.
7 Termination
7.1 This Agreement shall be effective from the date hereof and shall continue in full force and
effect until the expiry of the Contract, in case the Project is awarded to the Joint venture.
7.2 In case the Joint venture is either not prequalified for the Project or does not get selected for
award of the Project, the Agreement will stand terminated in case the Applicant is not pre-
qualified or upon return of the Bid Security by the Authority to the Bidder, as the case may be.
7.3 In case of any dispute amongst the members of the Joint Venture/Joint Venture,
Department shall not be in any way liable and also the Joint Venture members shall not be
absolved from the contractual obligation in any manner.
8 In case of an award of a Contract, all the Members to the Joint Venture do hereby agree
that Lead Partner shall furnish Contract Deposit for value of 5% of the Contract Price in the
form of an unconditional irrecoverable Bank guarantee in the prescribed format and as per
terms of the contract.
9 It is further agreed that the Joint Venture Agreement shall be absolute and irrevocable and
shall form an integral part of the Contract.
10 This Joint Venture/Joint Venture agreement shall be construed and interpreted in accordance
with the laws of India and shall be subjected to exclusive jurisdiction within Bhubaneswar in all
matters arising there under.
11 Terms used but not defined herein shall have the same meaning as assigned to them in the
RFP, Work order, Tender Documents and/or the agreements or documents. The Members
acknowledge and accept that this Agreement shall not be amended by the Members without
the prior written consent of the Authority.
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IN WITNESS WHEREOF THE MEMBERS ABOVE NAMED HAVE EXECUTED AND
DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
For and on behalf of
LEAD MEMBER by: SECOND PART
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
In presence of :
1. ………………………………………………………..
2. ………………………………………………………..
3. ………………………………………………………..
Section 13. Annexure VI Power of Attorney
Bid No: 00000000000
VI.a. Format for Power of Attorney to Authorised Signatory
(On Non – judicial stamp paper of Rs 100 duly attested by notary public)
Know all men by these present, we (name and address of the registered office of the Sole Bidder /
Lead Member) do hereby constitute, appoint and authorize Mr.
/Ms.______________________________________ R/o
__________________________________(name and address of residence) who is presently
employed with us and holding the position of as our authorized representative, to do in our name
and on our behalf, all such acts, deeds and things necessary in connection with or incidental to the
bid [of the Joint Venture consisting of_________________________, and
_________________________ (please state the name and address of the members of the Joint
Venture)] for Operating and Maintaining the CT Scan and MRI Center at the Gokuldas Tejpal
Hospital on PPP Model for a period of Three Years which may extended to another 2 (two) years,
representing us in all matters in connection with our bid for the said Project.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to
this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and
shall always be deemed to have been done by us.
This Power of Attorney shall be effective, binding, and operative till __________________, if not
revoked earlier or as long as the said Attorney is in the service of the Company, whichever is earlier
Accept (Signature)
(Name, Title and Address of the
authorized representative)
For ________________
(Signature)
(Name, Title and Address)
32
Notes:
1. To be executed by the Sole Bidder or the Lead Member in case of a Joint Venture.
2. The mode of execution of Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and
when it is so required the same should be under common seal affixed in accordance with the
required procedure.
3. Also, wherever required, the executant(s) should submit for verification the extract of the
charter documents and documents such as a resolution / Power of attorney in favour of the
Person executing this Power of Attorney for the delegation of power hereunder on behalf of
the executant(s).
33
VI.b. Format for Power of Attorney for Lead Member of Joint Venture
(On Non – judicial stamp paper of Rs 100 duly attested by notary public)
Medical Education and Drugs Department, Maharashtra has invited bids from interested parties for
Operating and Maintaining the CT Scan and MRI Center at the Gokuldas Tejpal Hospital on PPP
Model for a period of Three Years which may extended to another 2 (two) years (the Project).
Whereas, M/s. ___________________________, and M/s ___________________ (the respective
names of the members along with address of their registered offices) have formed a Joint Venture
and are interested in bidding for the Project and implementing the Project in accordance with the
terms and conditions of the Request for Proposal (RFP), Agreement and other connected
documents in respect of the Project, and Whereas, it is necessary under the RFP for the members
of the Joint Venture to designate one of them as the Lead Member with all necessary power and
authority to do for and on behalf of the Joint Venture, all acts, deeds and things as may be
necessary in connection with the Joint Venture’s bid for the Project or in the alternative to appoint
one of them as the Lead Member who, acting jointly, would have all necessary power and authority
to do all acts, deeds and things on behalf of the Joint Venture, as may be necessary in connection
with the Joint Venture’s bid for the Project.
NOW THIS POWER OF ATTORNEY WITNESSETH THAT:
We, M/s. _____________________________, do hereby designate M/s.
_______________________________(name along with address of the registered office) being one
of the members of the Joint Venture, as the Lead Member of the Joint Venture, to do on behalf of
the Joint Venture, all or any of the acts, deed or things necessary or incidental to the Joint Venture’s
bid for the Project, including submission of Proposal, participating in conference, responding to
queries, submission of information / documents and generally to represent the Joint Venture in all its
dealings with the Authority, or any person, in connection with Project until culmination of the process
of bidding and thereafter till the Agreement is entered into with the Authority.
We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member our said
attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our
aforesaid attorney.
Dated this __________ day of __________ 201___.
[Executant(s)]
(To be executed by all the members in the Joint Venture)
Note:-
1. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required the same should be under common seal affixed in
accordance with the required procedure.
2. Also wherever required, the executant(s) should submit for verification the extract of the
charter documents and documents such as resolution/ Power of attorney in favour of the
person executing this Power of attorney for the designation of power hereunder on behalf of
the Bidder.
34
Section 14. Annexure VII (Undertaking to be signed by the Bidders)
(To be uploaded in PACKET A)
Bid No: 00000000000
AFFIDAVIT
(To be filled in and signed by the Bidder and to be submitted on non-judicial paper of Rs, 200/-
duly notarized by Notary Public / First Class Magistrate)
It is hereby represented that:
I / We……………………………………………………………………………………………… (Full name
in capital letters starting with surname), the Proprietor/ Partner /Managing Director / Holder of power
of attorney of …………………………………………………............................... the business,
establishment / firm / registered company do hereby, in continuation of the terms and conditions
underlying the Tender Form and agreed to by me/us, give following undertaking.
1. I / we hereby confirm that I / we will be able to carry out the Services offered by me /us at the
quoted rates and as per specifications/drawings indicated in the tender after compliance of all
the required formalities within the specified time.
2. I/We………………………………………….. do hereby state and declare that I/We, whose names
are given herein below in detail with the addresses, have not filled in this e- tender under any
other name or under the name of any other establishment/ firm or otherwise, nor we are in any
way related to or concerned with the establishment/ firm or any person, who have filled in the e-
tender for the aforesaid work.
3. I/We also admit that if the relevant conditions forbidding submission of tender under different
names of the firm is found violated, the Director – D.M.E.R is at liberty to take necessary action
against me/us.
4. I/We hereby declare that we have an office in Mumbai Metropolitan Region (MMR) located at
……………………………. OR (I/We hereby undertake to open an office in the Mumbai
Metropolitan Region (MMR) within 30 days of signing of the contract with DMER) and appoint
Ms./Mr. ………………. as a designated local point of contact on our behalf who will be seated in
the office.
5. I /We do hereby undertake that we have offered best price for the subject supply as per the
present market rates and that I/We have not offered less price for the subject supply to any
other outside agencies including Govt. / Semi Govt. agencies and within D.M.E.R. also in similar
conditions.
6. I / We agree to comply with fulfil the requirements of all labour laws or other enactments
applicable to this supply and abide them throughout the period of contract.
7. I / We agree to abide the regulations of the Hospital premises now in force or which may come
into force, during the currency of the contract.
8. I / We accept the right of D.M.E.R. to stop any supervising staff/ labour employed by me / us
from entering in the D.M.E.R. premises if it is felt that the said person is an undesirable element
or is likely to create nuisance. D.M.E.R. will not be required to assign any reason while
exercising this right and I/We shall abide by such decision being binding on us.
9. I/We shall not sublet the work to any agency without prior approval of the D.M.E.R.
35
10. I/We understand and accept that our e-tender/contract is liable for rejection/ termination and
EMD paid by me/us shall be liable for forfeiture by the D.M.E.R. if-
a) I / We fail to keep the e-tender open as aforesaid,
b) I / We fail to execute the formal contract or make payment of contract deposit when
called upon to do so,
c) I / We do not commence the supply on or before the date specified by officer/ engineer in
his work order/indent
d) I/We fail to produce required information, testimonials or a letter in original whenever
called upon to do so or I/We fail to give satisfactory reason for non- production of such
information, testimonials, letter etc. within a period of 15 days from receipt of such
demand.
11. I/We…………………………………………………… hereby further state and declare that I/We are
not debarred/ black listed by either D.M.E.R./ central Govt. / state Govt. / Public sector
undertaking/any other Local body on the date of submitting this Bid nor convicted under the
provision of IPC or Prevention of Corruption Act., nor any criminal case is pending against
me/us in any court of law.
12. I / we do hereby agree that if in future, it comes to the notice of D.M.E.R. / if it is brought to the
notice of D.M.E.R. that any disciplinary/penal action due to violation of terms and conditions of
the tender which amounts to cheating /depicting of malafide intention during the completion of
the contract anywhere in D.M.E.R. or either by any of central Govt. / state Govt. / Public sector
undertaking/any other Local body, D.M.E.R. will be at discretion to take appropriate action as its
finds fit.
13. I/we acknowledge that the submission under this tender by shall not constitute a binding
contract between me / us and D.M.E.R and that D.M.E.R holds no obligation towards me/us.
14. I/we further confirm that the information/document submitted by me regarding TIN No. (If
applicable) is true and correct as per record of Sale Tax Department and in the event if it is
revealed subsequently after opening of tender or after allotment of work/contract to me/us that
any information given by me/us is false or incorrect, I/we shall be debarred from participating in
the tenders for D.M.E.R. for 3 years
15. I/We have filled in the accompanying e-tender with full knowledge of liabilities and therefore we
will not raise any objections or disputes in any manner relating to any action including forfeiture
of deposit and blacklisting for giving any information, which is, found to be incorrect and against
the instructions and directions given in this e-tender.
16. I / We further confirm that the information/ documents submitted by me is true and correct to
best of my/our knowledge and belief that in the event it is revealed subsequently after the
opening of the tender or after the allotment of work / contract to me / us that any information
given by me / us or any document uploaded / submitted by me/us in this e-tender is false or
incorrect, I / We shall compensate the Authority (D.M.E.R) for any such losses or inconvenience
caused to the D.M.E.R in any manner and will not resist any claim for such compensation on
any ground whatsoever. I / We agree to undertake that I / We shall not claim in such case any
amount by way of damages or compensation for cancellation of the contract given to me / us or
any work assigned to me / us or is withdrawn by the D.M.E.R.
17. I/We_________________________________________________________(Full Name in the
Capital Letters starting with surname) the Proprietor / Managing Partner / Managing Director /
Holder of the Business / Authorized Distributors for the Establishment / Firm / Registered
36
Company named herein below do here offer to provide Operation and Maintenance Services of
the CT Scan and MRI Center as mentioned in the tender & in accordance with the specifications
therein.
18. I/We commit to pay the Premium agreed by us regularly without delay within the prescribed time
as per the terms of Clause 30 (c) and (d) of Section 4 of the RFP and/or agreed in the contract.
I/we agree that in event of default/delay in payment of Premium, D.M.E.R is authorized to levy
penalty on the payment and/or terminate the contract and/or take any other legal action it deems
necessary.
19. I/We do hereby undertake that, we will keep our full quality control over our services as
mentioned in the tender & in accordance with the specifications therein. In case, if the
explanation submitted by me/us is unsatisfactory then action as stated above including forfeiture
of deposit & blacklisting may be taken against me/us.
I/we solemnly confirm the compliance of all the requirements/ Conditions of the tender documents.
Full name and complete address with Your Faithfully
Tel. Nos. & E-mail address of all partners Signature of Bidder
Office Stamp
WITNESS:
(1)Full Name ……………………………….
And Address ……………………………….
Signature ………………………………
(2)Full Name ……………………………………
And Address ……………………………….
Signature ……………………….
37
Section 15. CHECK LIST OF THE TENDER DOCUMENTS
List of Documents/ Information should be Uploaded/ submitted with Tender.
The following documents should be uploaded / submitted with the Tender Document with page
number on each document as per the order given below.
Sr.
No. PARTICULARS Page No
Envelope No. A
(Technical Bid)
1) EMD : Proof of payment of EMD submitted
2) Annexure I - Detail of Applicant
3) Copy of Certificate of Incorporation
4) Copy of Goods & Service Tax Registration (GST) Certificate
5) Copy of PAN/TAN
6) Rental Agreement/ Utility Bill in the name of the company/Sale Deed or
Declaration that the office will be set-up within a period of 30 days from
the date of issuance of Letter of Intent.
7) Annexure II - Technical Capacity of the Bidder
8) Work orders confirming year of Project, components of Scope of work,
value of Project, Go Live /Completion certificate from client confirming
month and year
9) Annexure III - Qualification and Experience for the Staff
10) Original Tender Form duly signed and official seal of the company on
every page of the tender. Original specification copy duly signed
11) Copy of memorandum and articles of Association ( If Applicable)
12) Annexure IV - Certificate from Statutory Auditor for Annual turnover of
last 3 years i.e. 2015-16, 2016-17 and 2017-18
13) Income Tax Clearance Certificate
14) Audited Balance Sheet and Profit and Loss Accounts for last three years
i.e. 2016-17, 2017-18 and 2018 – 19 certified by the Auditor.
15) Copy of Certificate of registration under company registration act 2013 &
1956,LLP Act 2008, Partnership Act 1932 and/or any other relevant law
16) Annexure V – Joint Venture Agreement
17) Annexure VI – Power of Attorney
18) Annexure VII – Undertaking by the Bidder
19) Total Documents in Technical Bid Page No. ______ to _________
ENVELOPE B
Commercial Bid
(Commercial Bid)
COMMERCIAL OFFER / FINANCIAL BID
Note :- If, during online bid preparation, any need arises to upload additional documents,
apart from the above mentioned documents, an option to upload additional
documents has been provided in the e-Tendering software which will be
available to bidders during online bid preparation stage.