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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 :- mbranchdme12@gmail.comContact 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- mbranchdmer2@gmail.com

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.

4

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.

5

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

6

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

7

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:

8

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.

30

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.

31

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.