E-RE TENDER DOCUMENT FOR Supply of Liquid Medical Oxygen … · E-RE TENDER DOCUMENT FOR Supply of...

1

E-RE TENDER DOCUMENT FOR Supply of Liquid Medical Oxygen (I.P) at ESIC Model Hospital

Ludhiana

TENDER NO: 122-D-26-25-27-1-04(Med Gases)/Tender-III/2019

Employee's State Insurance Corporation (Ministry of Labor & Employment, Government of India)

E-RE TENDER DOCUMENT FOR Supply of Liquid Medical Oxygen (I.P)

AT ESIC, MODEL HOSPITAL, LUDHIANA.

E-Mail : [email protected]

Important Websites:

https://eprocure.gov.in/eprocure/app

www.esic.nic.in

www.esichospitals.gov.in

mailto:[email protected]

http://www.eprocure.gov.in/

http://www.esic.nic.in/

http://www.esichospitals.gov.in/

2


Ludhiana

INDEX

SR No Title Page Number

1 SCOPE OF WORK 3

2 SCHEDULE OF TENDER PROCESS 4

3 IMPORTANT INSTRUCTIONS FOR BIDDERS FOR

APPLYING E-TENDER ONLINE

5

4 GENERAL GUIDELINES 6

5 DRAFT AGREEMENT 11

6 SPECIFIC TERMS AND CONDITIONS 17

7 PRE-CONTRACT INTEGRITY PACT (ANNEXURE-I) 19

8 TECHNICAL BID (ANNEXURE-II) 26

9 UNDERTAKING (ANNEXURE-III) 28

10 CHECKLIST FOR MANDATORY DOCUMENTS

(ANNEXURE– IV)

31

11 FINACIAL BID FORMAT (ANNEXURE-V) 33

12 EXPERIENCE CERTIFICATE FORMAT(ANNEXURE-VI) 34

13 UNDERTAKING REGARDING UNINTERRUPTED SUPPLY

(ANNEXURE-VII)

35

3


Ludhiana

1. Brief scope of work:-

ESIC Model Hospital Ludhiana invites online bids from eligible,

reputed and experienced agencies in the field through e-procurement

under two Bid system(Technical & Financial Bid) for Supply of LIQUID

MEDICAL OXYGEN(I.P) AT ESIC, MODEL HOSPITAL, LUDHIANA on contractual

basis at ESIC Model Hospital, Ludhiana.

REQUIREMENT OF THE HOSPITAL:

1. SPECIFICATIONS OF LIQUID MEDICAL OXYGEN(I.P)

Medical Grade I.P 2010 or latest IP.

Certified safe for Human use.

Purity 99-100%.

Carbon monoxide less than 5 PPM

Carbon dioxide not more than 300PPM.

Free from any kind of halogen and polymers.

Free from all forms of oxidizing substances.

Absolutely free of moisture.

Should not cause any damage to material of cylinder, Gas

pipeline, Anaesthesia machine and ventilators.

4


Ludhiana

2.SCHEDULE OF TENDER PROCESS

Period for downloading and

online submission of E-

tender and dropping of

EMD/MSME Registration

certificate (if exemption is

sought for EMD)in tender box

MENTIONED ONLINE

Date, Time & place for Pre-

Bid Meeting

MENTIONED ONLINE

Date, Time & place for

opening of Technical Bid

MENTIONED ONLINE

Date, Time & Place for

opening of Financial Bid

Will be intimated at a later stage

to the technically qualified

bidders only

EMD amount Rs 50,000

Bidders registered with MSME for

Supply of Liquid Medical oxygen

(I.P.)shall be exempted from

payment of EMD. To claim exemption

from EMD, the bidder must submit a

Hard copy(self attested)of Valid

MSME

Registration Certificate in

relevant field only, in place of

EMD deposit.

Performance Security (to be

submitted by successful

bidder only)

7% of Annual value of contract

Approximate Annual value of

contract

Rs 20 Lacs

5


Ludhiana

3.Important Instructions for Bidders for applying E-Tender online

All bidders/contractors are required to bid through the website


1.Bidders are required to enroll on the e-Procurement module of

the Central Public Procurement

Portal(URL:https://eprocure.gov.in/eprocure/app by clicking on the link ”Online bidder Enrollment” on the CPP Portal.

2.Upon enrollment, the bidders will be required to register

their valid Digital Signature Certificate (Class II or Class III

Certificates with signing key usage) issued by any Certifying

Authority recognized by CCA India(e.g Sify/ nCode/ eMudhra etc.),

with their profile.

For any technical queries please call at 24*7 Help Desk Number

0120-4200 462,0120-4001 002,0120-4001 005,0120-6277 787

OR

E-mail at [email protected]

For detailed information kindly refer to manual”Instructions To

Bidder for Online Bid Submission” document under download section of


mailto:[email protected]

6

E-RE TENDER DOCUMENT FOR Supply of Liquid Medical Oxygen (I.P)at ESIC Model Hospital

Ludhiana

4. GENERAL GUIDELINES

1. Availability of Tender document. Tender Document is available

for downloading from websites:


www.esic.nic.in

www.esichospitals.gov.in

2. Period of Contract: The Contract shall initially be for a

period of two years from the date of signing of contract

agreement and may be extended further for a period of one year

subject to satisfactory performance, on the same rates, terms and

conditions. ESIC, reserves the right to terminate the contract at

anytime without assigning any reason thereof and without being

liable for any cost.

3. Cost of Submission of bids: The Bidder shall bear all costs

associated with preparation and submission of the Bid. The

Corporation shall, in no case, be responsible or liable for these

costs, regardless of the conduct or the outcome of the Bidding

process.

4. Documents to be uploaded Bidding companies/firms which fulfill all eligibility conditions

may upload the technical Bid & FINANCIAL BID along with the

scanned copies of All documents mentioned in Annexure-IV, failing

which their Bids will be rejected.

NOTE: All the documents to be uploaded must be signed and stamped

by the Bidder on each and every page before uploading. Entire Bid

will be rejected out rightly, if any page of any document is

found unsigned or unstamped or both.

In case, any of the documents uploaded are not readable or are

not properly uploaded, entire bid will be out rightly rejected

without any correspondence in this regard.

5.Pre-bid Meeting

5.1 A Pre-Bid meeting for interested Bidders will be held on

date, time & venue as mentioned in the schedule of the tender

process. Any change in venue or timing of pre-bid meeting will

be hosted on aforesaid websites.

5.2 Interested Bidders will be allowed to seek clarification

and get their doubts cleared during pre-bid meeting.

5.3 Any change that would be made in the Tender Document by

the Competent Authority after issue of the Tender will be

https://eprocure.gov.in/

http://www.esic.nic.in/

http://www.esichospitals.gov.in/

7


Ludhiana

hosted on aforesaid websites in the form of

Corrigendum/Addendum for incorporating the same in the

Bid/Tender before submission.

5.4 Bidders who have downloaded the tender from already

mentioned websites shall not modify the tender document

including Annexures downloaded price bid template in any

manner. In case the same is found to be tampered

with/modified in any manner, tender will be rejected and

EMD shall be forfeited. No communication shall be

entertained in this regard.

6. Validity of the Bid: The Bids will be valid for a period of

180 days from the date of opening.

7. Bid Security (Earnest Money)

7.1 The Bidders shall deposit with the ESIC an amount shown under

schedule of tender process towards an interest free Bid

security/Earnest Money Deposit (EMD) in the form of A/c Payee

Demand Draft from any nationalized bank only in favour ESI Fund

A/c No.1 payable at Ludhiana in sealed envelope super scribed as

E-TENDER FOR SUPPLY OF LIQUID MEDICAL OXYGEN(I.P)TO ESIC MODEL

HOSPITAL LUDHIANA-2020. The sealed envelopes (containing original

Demand Draft) shall be dropped in tender box by the bidders

placed at Administration Block, IInd floor, Outside DD (Admn)

office. The failure or omission to deposit the Earnest Money in

the manner described above & before closing date and time shall

disqualify the Bid. Bidders registered with MSME for Supply

of Liquid Medical oxygen shall be exempted from payment of EMD.

To claim exemption from EMD, the bidder need to drop a

Self attested copy of Valid MSME

Registration Certificate in relevant field only, in place of EMD

deposit in the tender box.

7.2 Bidder shall not revoke his Bid or vary its terms and

conditions. If the bidder revokes the bid or varies its terms or

conditions, the Earnest Money deposited shall stand forfeited.

7.3 If the successful Bidder does not pay the Performance

Security, his/her Earnest Money Deposit will stand forfeited.

7.4 The Earnest Money Deposit of unsuccessful Bidders shall be

refunded, after the successful Bidder pays the Performance

Security.

8. Last Date/Time for online Submission of Tender document and

Date/Time of Opening of Technical bids:

8


Ludhiana

8.1The dates are mentioned in the schedule of tender process.

8.2In case the date of opening of Tender/Technical Bids is

declared a holiday, then the Tender/technical bid will opened at

the same specified time as mentioned in the schedule of Tender

process on next working day.

8.3In case the date of closing of tender is declared as holiday,

then the online closing date/time will remain the same but

Tenderer will be allowed to drop EMD/MSME certificate till 10.00

AM on next working day.

9.Eligible Bidders

Only those Bidders, who fulfill the eligibility criteria are

eligible to submit their Bids for the purpose of this tender.

10.Manner of Submission of Bid:

The complete Bid is to be uploaded online at

https://eprocure.gov.in/eprocure/app any other mode of bid

submission will not be entertained.

11.How Rates to be Quoted: The bidder is expected to work out

rates, keeping in view the technical specifications & conditions

and then arrive at the rate to be quoted. The Bidder shall be

deemed to have satisfied himself/herself before Bidding as to the

correctness and sufficiency of Bid and rates quoted in the

Financial bid, which rates and shall, except as otherwise

provided, cover all its obligations under the contract and all

matters and things necessary for proper fulfilling of his

obligations under the contract. Also please note that no prices

should be indicated in the technical bid or any other document

other than online financial bid document. Else the bid will be

outrightly rejected.

12.Other Important Points to be noted by the Bidder

The Bidder shall submit the Bid, which satisfies each

and every condition laid down in the tender document, failing

which the Bid shall be out rightly rejected. Conditional Bids

will be rejected out rightly.

13.Corrupt or Fraudulent Practices

13.1 The Medical Superintendent requires that the

Bidders under this Bid observe the highest standards of

ethics during the procurement and execution of this Contracts.

Accordingly, the Medical Superintendent defines the terms set

forth as follows:

a) ‘corrupt practice’ means the offering, giving, receiving or

soliciting of anything of value to influence the action of


9


Ludhiana

the public official in the procurement process or in

contract execution; and

b) ‘fraudulent practice’ means a misrepresentation of facts in

order to influence a procurement process or an execution of

a contract to the detriment of the Medical Superintendent,

and includes collusive practice among Bidders (prior

to or after Bid submission) designed to establish

Contract Prices at artificial non-competitive levels

and to deprive the Medical Superintendent of the benefits

of the free and open competition.

13.2 The Medical Superintendent shall reject a proposal

for award, if it determines that the Bidder

recommended for award has engaged in corrupt or fraudulent

practices in competing for the Contract in question; The Medical

Superintendent shall deem a Firm ineligible, either indefinitely

or for a stated period of time, to be awarded a contract if at

anytime it determines that the Firm has engaged in corrupt

and fraudulent practices in competing for, or in

executing, a contract.

14.Opening of Technical Bid

The Technical Bids received as per the scheduled time and date,

will be opened on date, time and venue mentioned in the

schedule of tender process in the presence of Bidders or

their authorized Representatives present on the opening day.

Authorized representatives must produce authority letter at the

time of opening of bids duly signed by the bidder.

15.Shortlisting of Bidders: The committee constituted by the

Medical Superintendent will short-list technically qualified

Bidders. Financial Bids of only those Bidders, who

qualify in technical bids, will be opened at a date

and time to be intimated.

16.Opening of Financial Bid: The committee constituted by

Medical Superintendent will open the Financial Bid on the

notified date and time in the presence of Bidders or their

authorized representatives present on the day. The rates

quoted by the bidder in price schedule shall then be

read out. The contract shall be awarded to the Bidder who

quotes the Lowest rate.

17.Acceptance of Bid: Acceptance of Bid shall be done by the

Medical Superintendent. The Medical Superintendent is not bound

to accept any Bid. The Medical Superintendent reserves the

right to reject the lowest offer or all Bids received without

assigning any reason whatsoever. The acceptance of Bid will be

10


Ludhiana

communicated to the successful Bidder only in writing by the

authorized officer of the Hospital.

18.Performance Security: To ensure due performance of the

contract, an interest free Performance Security for an

amount shown at schedule of tender process will be obtained

from successful bidder before signing of agreement in the form

of an Account payee Demand Draft in favour of ESI Fund A/c

No.1, payable at Ludhiana. If the successful Bidder does not

pay the Performance Security, his/her Earnest Money Deposit

shall stand forfeited.

19 Execution of Contract Documents

19.1 The successful Bidder after arranging Performance

Security in favour of ESI Fund A/c No.1 payable at Ludhiana

as described, is required to execute an Agreement on a stamp

paper of Appropriate value. The Agreement should be

signed within 10 days from the date of acceptance of the Bid.

The Contract will be governed by the Agreement, the Conditions

of the Contract (CoC) and other documents as specified in the

CoC.

19.2 It shall be incumbent on the successful Bidder to

pay stamp duty, legal and statutory charges for the

Agreement, as applicable on the date of the execution.

20.Rights of the Hospital.

The Medical Superintendent reserves the right to suitably

increase/reduce the scope of work mentioned in this tender.

In case of any ambiguity in the interpretation of any of the

clauses in tender Document or the conditions of the Contract,

interpretation of the clauses or conditions by the Medical

Superintendent shall be final and binding on all Parties.

21.Notice to form Part of Contract

Tender Notice, tender document, terms & conditions of

tender shall form part of the Agreement of the Contract.

11


Ludhiana

5. Draft Agreement(To be signed with sucessful bidder)

The agreement is made and executed on dated between

(Name and

address of successful bidder)as one party called as first party

and called contractor for supply of liquid medical oxygen IP AT

ESIC, MODEL HOSPITAL, LUDHIANA

AND

The Medical Superintendent, ESIC, Model Hospital, LUDHIANA herein

after called the second party /purchaser.

Whereas first party offered to supply the liquid medical oxygen IP to

second party at the following rates:

Sr

no

Description Rate in Rs

(Exclusive of

Taxes)

1 Rate of Liquid Medical

Oxygen(I.P) in Rs Per KG

Taxes will be paid extra as applicable.

(Conversion factor: )

IT IS HEREBY MUTUALLY AGREED UPON BETWEEN BOTH THE PARTIES (FIRST PARTY

AND THE SECOND PARTY) AS FOLLOWS:

1. The Contract shall initially be for a period of two years from

the date of signing of contract agreement and may be extended

further for a period of one year subject to satisfactory

performance, on the same rates, terms and conditions. ESIC,

reserves the right to terminate the contract at anytime without

assigning any reason thereof and without being liable for any

cost.

2.The supplies supplied by the contractor should comply with relevant

statutory provisions or enactments as applicable.

12


Ludhiana

3.SPECIFICATIONS OF LIQUID MEDICAL OXYGEN,IP (specifications should

be certified by contractors at every filling)

Medical Grade I.P 2010 or latest IP.

Certified safe for Human use.

Purity 99-100%.

Carbon monoxide less than 5 PPM

Carbon dioxide not more than 300PPM.

Free from any kind of halogen and polymers.

Free from all forms of oxidizing substances.

Absolutely free of moisture.

Should not cause any damage to material of cylinder, Gas pipeline, Anaesthesia machines and ventilators.

4. Liquid Medical Oxygen supplied by the firm must strictly be

made as per regulatory requirements including filling norms

as per Gas cylinder rule 2016 as amended from time to time.

5. Firm should be able to provide the services within the

existing infrastructure available in the hospital.

6. The contractor will maintain uninterrupted & sufficient

supply of Liquid Medical Oxygen IP to ESIC Model Hospital ,

Ludhiana even in cases of emergencies and contractor should

have adequate arrangement for supply of Liquid Medical

Oxygen.

7. Contractor will maintain sufficient stock/level of liquid

medical oxygen in the oxygen tank of ESIC Model Hospital

Ludhiana.

8. Contractor will be responsible if any mishap takes place on account of non supply and non- conformation of safety

standard and rules.The criminal liabilities will be of the

contractor.

9. The rejected supply, if any should be taken back and replaced by the contractor at its own cost and transportation with in

specified period and without causing interruption to the

hospital services.

10. Risk purchase :

In case contractor fails to maintain sufficient level of

liquid medical oxygen stock in the ESIC model hospital,

ludhiana tank. The liquid medical oxygen, IP will be

purchased from outside and Expenditure incurred will be

recovered from Security money /pending bills.

13


Ludhiana

11. In case of any failure or refusal by Supplier to supply

gases to the Hospital, the contract is liable to be cancelled

at risk and cost of the supplier. Any extra cost involved in

arranging supplies from alternative source will be recovered

from his subsequent /pending bills. Irregular supplies

/failure to fulfill the terms of contract may entail for

closure of contract and for forfeit of Performance security

deposit.

12. Apart from risk purchase action ,the contractor`s earnest money deposit/security deposit may be forfeited and shall

invite other penal action like debarring from participating

in ESIC corporation rate contract, for the present and in

future for a period not less than 2 years.

13. The purchaser/second party will not pay separately for

transit insurance and the supplier/contractor/first party

will be responsible for delivery of liquid medical oxygen in

good condition at ESIC model hospital and for this purpose

freight, octroi, insurance etc, if any will have to be borne

by the supplier/contractor.

14. The firm is legally bound to supply the items mentioned in the agreement as per latest rules laid down by Government

authority failing which they will be liable to action as

deemed fit.

15. Rates mentioned are on FOR destination basis at ESIC Model Hospital Ludhiana and no other charges will be paid than

mentioned in agreement.

16. The tenderer is bound to supply Liquid medical Oxygen to be used in hospital, during the validity of tender at the

approved rates. If the price of any item is reduced due to

any reasons during the validity of tender, the firm will

intimate the same to this hospital and reduce the rate

immediately.

17. Presentation of bills –

17.1 The contractor shall submit the bills on monthly basis by

5th working day of following month.

17.2.The Bills shall be in triplicate and for each supply/filling

of the tank on letter head of the firm, serial

number(invoices/credit bill) with the name and address of

the firm and GST registration number printed thereon.

14


Ludhiana

17.3.The purchaser also reserves the right to demand in any case,

the original of the source Suppliers Invoices for

verification of the net trade price claimed by the

contractor.

18.Payment:- Payment shall be made after receipt of liquid

medical oxygen stock duly inspected/verified by Store

Incharge/any other officer appointed by Medical Superintendent,

ESIC Model Hospital Ludhiana. Payments will be made through

Electronic Mode only.

19.MODE OF MEASUREMENT:

19.1 Liquid oxygen will only be received after weighing the

tanker before supply at mutually consented Dharam kanta(Nearest

to the hospital)along with the receipt.The tanker will be sent

again to the same Dharam kanta on the same day for weighing after

refilling the tank in the hospital and the net volume of the

liquid medical oxygen supplied to hospital shall be determined on

the production of both receipt(verified by the hospital

authorized personnel) by subtracting the weight after filling the

vessel from the weight before supply on the same day.

19.2 Representative from the hospital may visit Dharam kanta from

time to time for inspection of gross container weight and the net

weight of oxygen tank. Firm will provide necessary cooperation in

this no additional charges will be payable by hospital.

20.The Liquid oxygen vessel should be maintained in such a way to

keep natural evaporation rate less than 2%.

21. Successful bidder will be bound to supply the gases even

after completion of tenure at tender rates, terms & conditions

till the next tender/fresh arrangement is finalized.

22. Termination of Contract by the Medical Superintendent

It shall also be lawful for the Medical

Superintendent to terminate the Agreement at any

time without assigning any reason and without being

liable for loss or damage which the Contractor may

suffer by reason of such termination. Any such termination

shall be without prejudice to any other right of the ESIC

under the contract.

23. Termination of Contract by Agency/Agencies

The Agency has no right to terminate the contract in

between contract period else Performance security shall

stand forfeited.

24. Should any part of the Agreement be invalid or

unenforceable the remaining provisions shall so far as

they are capable of being performed and observed, shall

15


Ludhiana

continue in full force and effect.

25. The Contractor shall be responsible for any injury to

the workmen and to persons or things and for all damages

to the structural and/or decorative part of property which

may arise from the operations or neglect of himself/herself

or any of his/her employees whether such injury or damage

arise from carelessness, accident or any other causes

whatsoever in any way connected with carrying out of

this contract.

26. The contractor shall indemnify and keep indemnified the

Medical Superintendent against all losses and claims for

injuries or damage to any person or any property whatsoever

which may arise out of or in consequence of the

Contract and against all claims, demands,

proceedings, damages, costs, charges and expenses

whatsoever in respect of or in relation thereto

under the provisions of various labour laws as amended

from time to time.

27. The Agency shall indemnify, protect and save the

Medical Superintendent against all claims, losses,

costs damages, expenses, action suits and other proceeding,

resulting from infringement of any patent, trademarks,

copyrights etc. or such other statutory infringements. The

Medical Superintendent shall be at liberty and is hereby

empowered to deduct the amount of any damages,

compensations, costs, charges, and expenses arising or

accruing from or in respect of any such claim or damages

from any sums due or to become due to the Agency/Agencies.

28. Confidentiality

The Agency shall not divulge or disclose proprietary knowledge or

any information obtained while delivering Goods and services

under this Contract to any person.

29.Publicity

The contractor shall not use the name of ESIC Model Hospital,

Ludhiana for the purpose of publicity.

30.Disputes & Arbitration

30.1 The Medical Superintendent and the contractor shall make

every effort to resolve amicably by direct informal negotiation,

any disagreement or dispute arising between them under or

in connection with the contract.

16


Ludhiana

30.2 If dispute(s) of any kind whatsoever that cannot be

resolved, the same shall be referred to the Arbitrator,

appointed by the Medical superintendent.

31. Mode of Serving Notice

31.1Communications between Parties which are referred to in

the Contract are effective only when in writing. A notice

shall be effective only when it is delivered.

31.2All notices shall be issued by the authorized

officer of the ESIC Model Hospital, Ludhiana, unless

otherwise provided in the Contract. In case, the notice is

sent by registered post to the last known place or abode or

business of the Contractor, it shall be deemed to have been

served on the date when in the ordinary course of post these

would have been served on or delivered to it.

32. Law

The contract shall be governed and interpreted under Indian Laws.

33. Legal Jurisdiction

No suit or other proceedings relating to performance or breach of

Contract shall be filed or taken by the contractor in any Court

of law except the competent Courts having jurisdiction within the

local limits of Ludhiana only.

34. All the documents like tender notice, tender document,

scope of work, eligibility criteria, other terms & conditions

mentioned in tender document form parts of this

contract/Agreement.

Prop_______________ ___________________

M/s ((Name of Sucessful Bidder) Medical Superintendent

(Address of Sucessful Bidder), ESIC Model Hospital

Ludhiana

Witness Witness

17


Ludhiana

1-------------- 1---------------

2------------- 2---------------

6.Specific Terms and Conditions:

1.Prospective bidders are advised to visit the site of installed

liquid oxygen tank at ESIC MODEL HOSPITAL LUDHIANA on date of pre

bid meeting after prior permission.

2. The firm should be reputed and must have minimum experience of

2 years in the last five years as on date of publishing of Tender

on CPP Portal, for supplying Liquid Medical Oxygen(I.P) to at

least one 100 or more bedded hospital, this should be supported

with a certificate issued by the concerned hospital as per

Annexure-VI.

3. The firm must be Authorized Distributor/manufacturer of Liquid

Medical Oxygen and should have valid manufacturing License issued

from the state drug controller as per the provisions of the Drugs

and Cosmetics Act 1940 and rules there under, as amended time to

time issued by CCE Nagpur or any other statutory Authority.

4. The firm should have a valid licence for storage, filling and

Oxygen tank testing licence and other licences, if any issued by

CCE Nagpur/any statutory authority (Attested copies of

letter/licence to be attached).

5. The tenderer has to ensure compliance of rule 3 of gas

cylinder Rules-2016 and timely obtain necessary filling

permission from the chief controller of explosives under Rule -

45. While supplying the oxygen for filling of compressed

cryogenic gases, if required.

6. The firm should have its own full fledged lab with full time

chemist to test each batch to preserver and to provide batch

testing reports of previous year on demand.

7. The firm should have in house facility for testing/trace

impurities in P.P.M / P.P.B range for CO,NO, phosphines,

polymers, So2 and Argon etc. The facilities should be open to

scrutiny by the hospital authorities.

8. Incomplete & or conditional tender will not be accepted.

9. Rates should be quoted on FOR destination basis at ESI Model

Hospital Ludhiana.

18


Ludhiana

10. Rates quoted in financial bid should not be more than as

notified by the Government.

11. The firm shall not be paid any other charges than the quoted

in bid.

12. The firm should have separate tanks and filling decks for

medical and industrials oxygen to avoid any chance of mixup which

may be harmful to the patients.

13. Rates for liquid medical oxygen must be quoted in Rs./Kg as

the quantity supplied for liquid oxygen will be as per pressure

gauge of the vessel. Conversion table should be provided with

each bill for the quantity supplied.

MEDICAL SUPERINTENDENT

ESIC M.H LUDHIANA

19


Ludhiana

Annexure –I

7.INTEGRITY PACT DOCUMENT (To be executed on plain paper and signed by the bidders as 2nd part before

uploading as bid document. ESIC as 1st part will sign this IP at later stage

after opening of bids)

PRE-CONTRACT INTEGRITY PACT General

1. This pre-bid contract agreement (hereinafter called the

Integrity Pact) is made on _______ the day of the month of

______ year between on one hand of Medical

Superintendent, ESIC Model hospital, Ludhiana (hereinafter

called the “Buyer” which expression shall mean and include,

unless the context otherwise requires his successors in office

and assigns) of the First Part and

M/s__________________________________________________________,

represented by, ____________________________________________,

(hereinafter called the “BIDDER/SELLER” which expression shall

mean and include, unless the context otherwise requires his

successors in office and assigns ) of the Second Part. WHEREAS the BUYER proposes for supply of Liquid Medical Oxygen

(I.P) and the Bidder/Seller is willing to offer/has offered the

stores/services.

Whereas the Bidder is a private company/public company/partner-

ship/ registered export agency, constituted in accordance with

the relevant law in the matter and the Buyer is a autonomous body

under Ministry of Labour & Employment, Government of India

performing its functions on behalf of the President of India.

Objectives

2. Now, therefore, the Buyer and the Bidder agree to enter into this pre-contract agreement, hereinafter referred to as

Integrity Pact, to avoid all forms of corruption by following

a system that is fair, transparent and free from any

influence/unprejudiced dealings prior to, during and

subsequent to the currency of the contract to be entered into

with a view to: -

3.1 Enabling the Buyer to obtain the desired said services at a

competitive price in conformity with the defined specifications

of the Services by avoiding the high cost and the distortionary

impact of corruption on public procurement, and 3.2 Enabling bidders to abstain from bribing or any corrupt

practice in order to secure the contract by providing assurance

to them that their competitors will also refrain from bribing and

other corrupt practices and the Buyer will commit to prevent

20


Ludhiana

corruption, in any form, by their officials by following

transparent procedures. Commitments of the Buyer

4. The Buyer Commits itself to the following: -

4.1 The Buyer undertakes that no official of the Buyer,

connected directly or indirectly with the contract, will

demand, take a promise for or accept, directly or through

intermediaries, any bribe, consideration, gift, reward,

favour or any material or immaterial benefit or any other

advantage from the Bidder, either for themselves or for any

person, organization or third party related to the contract

in exchange for an advantage in the bidding process, bid

evaluation, contracting or implementation process related to

the Contract.

4.2 The Buyer will, during the pre-contract stage, treat

all Bidders alike, and will provide to all Bidders the same

information and will not provide any such information to any

particular Bidder which could afford an advantage to that

particular Bidder in comparison to other Bidders.

4.3 All the officials of the Buyer will report to the

appropriate Government office any attempted or completed

breaches of the above commitments as well as any substantial

suspicion of such a breach.

5. In case of any such preceding misconduct on the part of such

official(s) is reported by the Bidder to the Buyer with full and

verifiable facts and the same is prima facie found to be correct

by the Buyer, necessary disciplinary proceedings, or any other

action as deemed fit, including criminal proceedings may be

initiated by the Buyer and such a person shall be debarred from

further dealings related to the contract process. In such a case

while an enquiry is being conducted by the Buyer the proceedings

under the contract would not be stalled.

6.Commitments of Bidders

6.1 The Bidder commits himself to take all measures necessary to

prevent corrupt practices, unfair means and illegal activities

during any stage of his bid or during any pre-contract or post-

contract stage in order to secure the contract or in furtherance

to secure it and in particular commits himself to the following:

6.2 The Bidder will not offer, directly or through

intermediaries, any bribe, gift, consideration, reward, favour,

any material or immaterial benefit or other advantage,

21


Ludhiana

commission, fees, brokerage or inducement to any official of the

Buyer, connected directly or indirectly with the bidding process,

or to any person, organization or third party related to the

contract in exchange for any advantage in the bidding,

evaluation, contracting and implementation of the Contract.

6.3 The Bidder further undertakes that he has not given, offered

or promised to give, directly or indirectly any bribe, gift,

consideration, reward, favour, any material or immaterial benefit

or other advantage, commission, fees, brokerage or inducement to

any official of the Buyer or otherwise in procuring the Contract

or forbearing to do or having done any act in relation to the

obtaining or execution of the Contract or any other Contract with

the Government for showing or forbearing to show favour or

disfavor to any person in relation to the Contract or any other

Contract with the Government.

6.4The Bidder will not collude with other parties interested in

the contract to impair the transparency, fairness and progress of

the bidding process, bid evaluation, contracting and

implementation of the contract.

6.5 The Bidder will not accept any advantage in exchange for any

corrupt practice, unfair means and illegal activities.

6.6 The Bidder further confirms and declares to the Buyer that

the Bidder is the original manufacturer/service

provider/integrator/owner of the property/authorized agent and

has not engaged any individual or firm or company whether Indian

or foreign to intercede, facilitate or in any way to recommend to

the Buyer or any of its functionaries, whether officially or

unofficially to the award of the contract to the Bidder, nor has

any amount been paid, promised or intended to be paid to any such

individual, firm or company in respect of any such intercession,

facilitation or recommendation.

6.7 The Bidder, either while presenting the bid or during pre-

contract negotiations or before signing the contract, shall

disclose any payments he has made, is committed to or intends to

make to officials of the Buyer or their family members, agents,

brokers or any other intermediaries in connection with the

contract and the details of services agreed upon for such

payments.

6.8 The Bidder shall not use improperly, for purposes of

competition or personal gain, or pass on to others, any

information provided by the Buyer as part of the business

relationship, regarding plans, technical proposals and business

details, including information contained in any electronic data

carrier. The Bidder also undertakes to exercise due and adequate

care lest any such information is divulged.

22


Ludhiana

6.9 The Bidder commits to refrain from giving any complaint

directly or through any other manner without supporting it with

full and verifiable facts.

6.10 The Bidder shall not instigate or cause to instigate any

third person to commit any of the actions mentioned above.

7.Previous Transgression

7.1 The Bidder declares that no previous transgression occurred

in the last three years immediately before signing of this

Integrity Pact, with any other company in any country in respect

of any corrupt practices envisaged hereunder or with any Public-

Sector Enterprise in India or any Government Department in India,

that could justify bidder‟s exclusion from the tender process.

7.2 If the Bidder makes incorrect statement on this subject,

Bidder can be disqualified from the tender process or the

contract, if already awarded, can be terminated for such reason.

8.Earnest Money/Security Deposit

8.1 Every bidder, while submitting bid, shall deposit an

amount as shown under schedule of tender process.

8.2 The Earnest Money/Security Deposit shall be valid till

the completion of tender process.

8.3 In the case of successful bidder a clause would also be

incorporated in the Article pertaining to Performance

Bond in the Purchase Contract that the provisions of

Sanctions for Violation shall be applicable for

forfeiture of Performance Bond in case of a decision by

the Buyer to forfeit the same without assigning any

reason for imposing sanction for violation of this pact.

8.4 The provisions regarding Sanctions for Violation in

Integrity Pact include forfeiture of Performance Bond in

case of a decision by the Buyer to forfeit the same

without assigning any reason for imposing sanction for

violation of Integrity Pact.

8.5 No interest shall be payable by the Buyer to the

Bidder(s) on Earnest Money/Security Deposit for the

period of its currency.

9. Company Code of Conduct

9.1 Bidders are also advised to have a company code of conduct

(clearly rejecting the use of bribes and other unethical

behavior) and a compliance program for the implementation of the

code of conduct throughout the company.

23


Ludhiana

10.Sanctions for Violation

Any breach of the aforesaid provisions by the Bidder or any

one employed by him or acting on his behalf (whether with or

without the knowledge of the Bidder) or the commission of

any offence by the Bidder or any one employed by him or

acting on his behalf, as defined in Chapter IX of the Indian

Penal Code, 1860 or the Prevention of Corruption Act 1988 or

any other act enacted for the prevention of corruption shall

entitle the Buyer to take all or any one of the following

actions, wherever required:-

I. To immediately call off the pre-contract negotiations

without assigning any reason or giving any compensation to

the Bidder. However, the proceedings with the other

Bidder(s) would continue.

II. The Earnest Money/Security Deposit/Performance Bond shall

stand forfeited either fully or partially, as decided by the

Buyer and the Buyer shall not be required to assign any

reason therefore.

III. To immediately cancel the contract, if already signed,

without giving any compensation to the Bidder.

IV. To recover all sums already paid by the Buyer, and in case

of an Indian Bidder with interest thereon at 2% higher than

the prevailing Prime Lending Rate, while in case of a Bidder

from a country other than India with interest thereon at 2%

higher than the LIBOR. If any out-standing payment is due to

the Buyer from the Bidder in connection with any other

contract for any other stores, such outstanding payment

could also be utilized to recover the aforesaid sum and

interest.

V. To encash the advance bank guarantee and performance

bond/warranty bond, if furnished by the Bidder, in order to

recover the payments, already made by the Buyer, along with

interest.

VI. To cancel all or any other Contracts with the Bidder. VII. To debar the Bidder from entering into any bid from the

Government of India for a minimum period of five years,

which may be further extended at the discretion of the

Buyer.

VIII. To recover all sums paid in violation of this Pact by

Bidder(s) to any middleman or agent or broker with a view to

securing the contract.

IX. If the Bidder or any employee of the Bidder or any person acting on behalf of the Bidder, either directly or

indirectly, is closely related to any of the officers of the

Buyer, or alternatively, if any close relative of an officer

24


Ludhiana

of the Buyer has financial interest/stake in the Bidder‟s

firm, the same shall be disclosed by the Bidder at the time

of filing of tender. Any failure to disclose the interest involved shall entitle

the Buyer to rescind the contract without payment of any

compensation to the Bidder.

The term „close relative‟ for this purpose would mean spouse

whether residing with the Government servant or not, but not

include a spouse separated from the Government servant by a

decree or order of a competent court; son or daughter or

step son or step daughter and wholly dependent upon

Government servant, but does not include a child or step

child who is no longer in any way dependent upon the Government servant or of whose custody the Government

servant has been deprived of by or under any law; any other

person related, whether by blood or marriage, to the

Government servant or to the Government servant‟s wife or

husband and wholly dependent upon Government servant.

X. The Bidder shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly

or indirectly, with any employee of the Buyer, and if he

does so, the Buyer shall be entitled forthwith to rescind

the contract and all other contracts with the Bid-der. The

Bidder shall be liable to pay compensation for any loss or

dam-age to the Buyer resulting from such rescission and the

Buyer shall be entitled to deduct the amount so payable from

the money(s) due to the

Bidder.

XI. In cases where irrevocable Letters of Credit have been

received in respect of any contract signed by the Buyer with

the Bidder, the same shall not be opened.

XII. The decision of the Buyer to the effect that a breach of the

provisions of this Integrity Pact has been committed by the

Bidder shall be final and binding on the Bidder, however, the

Bidder can approach the monitor(s) appointed for the purposes of

this Pact.

11. Fall Clause

The Bidder undertakes that he has not supplied/is not supplying

the similar items/services at a price lower than that offered in

the present bid in respect of any other Ministry/Department of

the Government of India/ institution and if it is found at any

stage that the item/service was supplied by the Bidder to any

other Ministry/Department of the Government of India/institution

at a lower price, then that very price will be applicable to the

present case and the difference in the cost would be refunded by

the Bidder to the Buyer, if the contract has already been

25


Ludhiana

concluded.

12.Examination of Books of Accounts

In case of any allegation of violation of any provisions of

this Integrity Pact or payment of commission, the Buyer or its

agencies shall be entitled to examine the Books of Accounts of

the Bidder and the Bidder shall provide necessary information of

the relevant financial documents in English and shall extend all

possible help for the purpose of such examination.

13.Law and Place of Jurisdiction :This Pact is subject to Indian

Law. The place of performance and jurisdiction is the seat of the

Buyer i.e. Ludhiana or as decided by the BUYER.

14.Other Legal Actions :The actions stipulated in this Integrity

Pact are without prejudice to any other legal action that may

follow in accordance with the provisions of the extant law in

force relating to any civil or criminal proceedings.

15.Validity

The validity of this Integrity Pact shall be from date of its

signing and extend up to 5 years or the complete execution of the

contract to the satisfaction of the Buyer, whichever is later.

Should one or several provisions of this Pact turn out to be

invalid, the remainder of this Pact remains valid. In this case,

the parties will strive to come to an agreement to their original

intentions.

Both the parties signing this integrity pact shall abide the

provisions of this pact and will follow the guidelines of

Independent External Monitors or any other monitoring committee

nominated by the competent authority for the purpose at any

stage.

The Parties hereby sign this Integrity Pact on dt. . MS, ESIC, MH, Ldh (1

st Part) Bidder (2

nd Part)

Witness Witness 1. 1. 2. 2.

26


Ludhiana

Annexure –II

8.TECHNICAL BID PERFORMA

( To be filled and uploaded)

1. Name of the Agency/Company/Firm ________________________________

2. Are you Manufacturer or Supplier

or both? ________________________________

3. Date of Incorporation & registration Number with validity period(In case,

services discontinued at any time after

establishment, mention the period(s).

4. Registered Address of the Centre (Attach Proof)

_____________________________________

_____________________________________

_____________________________________

5. Telephone Number

6. Mobile Number

7. E-mail ___________________________________

8. Demand Draft number & amount

(As EMD) ______________________________

10.PAN number (Attach Proof) ____________________________________

11.ESI Number

12.EPF Number _____________________________________

13.GSTIN Number

14.Name and contact details

(Mobile Number and E-mail)Of

Contact Person

____________________________________

27


Ludhiana

15.Account Details(Attach cancelled cheque as proof)

Name of Bank & Branch___________________________________________

A/c no.____________________________Branch Code_______________

IFSC Code____________________MICR Code_______________________

16.Turn-over during last 2 financial years

(Attach copies of audited Balance Sheets)

17.Experience in years (Attach Proof) _________________________________

18.Valid Authorisation certificate from manufacturer(if not a

manufacturer)?(Attach Proof)

19.Valid drug licence number for

medical oxygen, liquid gas (Attach Proof)

20.Valid licence number for storage, filing and testing of Liquid

Medical Oxygen.(Attach Proof)

21.Valid CCE approved test shop

certificate number(Attach Proof) _________________

22.Valid factory licence number

(if manufacturer)-Attach Proof _________________

23.Valid trade licence number(Attach Proof) ________________________

Certified that the particulars given above are true to the best of

my/our knowledge and belief and nothing has been concealed or

wrongly stated by me/us. In case, at any stage, any fact turns out

to be wrongly stated or concealed by me/us, I /we will be liable

for legal action apart from fine imposed on me/us by the Medical

Superintendent.

Signature of bidder with stamp

Financial Year Income (A) Expenditure (B) Net Profit/Loss (A-B)

2017-18

2018-19

28


Ludhiana

Annexure-III

9. UNDERTAKING

(To be submitted on stamp paper of Rs 100/- attested by Notary or executive Magistrate)

I, _______________________ (Name) am Proprietor/Partner/Director

/Manager of M/s ___________________. I am competent and authorized

to sign this undertaking and execute this tender document.

I Undertake as under:

1. I have carefully read and understood all the terms and

conditions of the tender and hereby convey my acceptance of the same

unconditionally.

2. The information / documents furnished along with the

application are true and authentic to the best of my knowledge and

belief. I / we, am / are well aware of the fact that furnishing of

any false information / fabricated document would lead to rejection

of my tender at any stage besides rendering me/us liable for

prosecution under appropriate law.

3. The undersigned certifies that I/We have gone through the

terms & conditions mentioned in the tender document and

undertake to abide by all the terms & conditions set forth as above.

4. I/We have a minimum experience of two years in the relevant

field.

5. I am /We are fully aware of nature of stores required & my/

our offer is to supply stores strictly according to the

requirements.

29


Ludhiana

6. I/We agree to arrange the supplies in accordance with the

nomenclature, Specifications and packages given in the tender

document.

7. I/We agree to arrange the supplies of the life articles as

stipulated in the schedule in the tender at any time whenever

required.

8. I/We agree that supply of aforesaid will comply with the

provisions of the Drugs & Cosmetics Act, 1940 and Rules there under,

which are amended time to time.

9. I/We my/our company has not been declared as blacklisted by

any Govt./Semi Govt./ Govt. undertaking/institution/ hospital or

otherwise in india or Abroad.

10. No CBI case or vigilance case or any case including case

under Drugs and cosmetics act, 1940 pending against our firm.

11. I/we ensure the compliance of rule 3 of gas cylinder Rules-

2016 and timely obtain necessary filling permission from the chief

controller of explosives under Rule-45. While supplying the

cylinders for filling of compressed cryogenic gases, if required.

12. I shall be liable for criminal action in case sufficient

level of medical oxygen gas not maintained in the tank of medical

liquid oxygen and any mishap takes place on account of non

conformity.

13. The Liquid Medical Oxygen shall be of the best quality and

kind as per the specifications/requirement of your institution. The

decision of the Medical Superintendent, ESIC Model Hospital, Bharat

Nagar, Ludhiana with regard to the quality and kind of articles

30


Ludhiana

shall be final and binding on me/us. When the said officer demand is

necessary to change any supply on being found of inferior quality,

it shall be replaced by me/us free of cost, in time, to prevent

inconvenience.

14. I/We agree that EMD/Security money submitted by me/us will be

forfeited if delay occurs on my/our part or failed to supply the

Liquid medical oxygen/non supply at the appointed place and hour,

ESIC may purchase from any other source and deduct the extra amount,

if any, paid in connection therewith from the bill submitted by

me/us or Security money deposited by me/us.

15. I/We undertake that if the rates of any item are lowered due

to any reason, I/We will charge the lower rates.

16. I/We am/are legally bound to supply the items which have been

quoted in the Tender as per the latest rules laid down by the

Government authority failing which I/We will be liable to action as

deemed fit.

17. I/We shall be liable for compliance to statutory requirements

under all State and Central acts applicable and amended from time to

time.

Signature of Owner/Managing Partner/Director

Date: Full Name:

Place: Company‟s Seal

31


Ludhiana

ANNEXURE-IV

10.CHECKLIST FOR MANDATORY DOCUMENTS (Each page of all the documents must be signed and stamped by the bidder before uploading and

submitting)

S.

No

Mandatory Documents For

uploadi

ng

Hard Copy Tick

the

box

1. Earnest Money (Refundable) in form of DD in favour of

ESI Fund A/C No. 1, payable at Ludhiana or self

attested copy of MSME Registration Certificate for

Supply of Liquid Medical Oxygen (I.P.)

Copy YES

DD = ORIGINAL

MSME = Registration

copy

2. GST Registration certificate Copy NO

3. Experience certificate for minimum two years as per

clause no. 2 of specific terms and

conditions.(Annexure-VI)

Copy NO

4. Lowest rate certificate, that rate quoted in this

tender are not higher than those quoted elsewhere.

Copy NO

5. Balance Sheets & Profit & Loss accounts certified by

Chartered Accountant for two financial years i.e.

2017-18 and 2018-2019.

Copy NO

6. Signed & stamped copy of Entire E- Tender document

all pages except Annexures.

Copy NO

7. Registration /Incorporation of

company/firm/Partnership.

Copy NO

8. Copy of PAN Number Copy NO

9. An undertaking ON STAMP PAPER OF APPROPRIATE VALUE

ATTESTED BY NOTARY OR EXECUTIVE MAGISTRATE I.E.

ANNEXURE III

Copy NO

10. Pre-Contract Integrity Pact duly signed and stamped

by the Bidder in the presence of 2

witnesses.(ANNEXURE I)

Copy NO

11. Technical Bid duly filled and signed as per Annexure-

II & IV.

Copy NO

12. Authority Letter to sign the tender documents (If

signed by other than Manager/Director/Proprietor/

Partner, as the case may be).

Copy NO

13. Authority Letter to attend Technical and Financial

Evaluation process (If other than the Bidder).

Copy NO

14. Copies of ESI Registration Copy NO

15. Copies of EPF Registration Copy NO

16. Copy of Factory Licence (in case of manufacturer) Copy NO

17. Authorisation certificate from manufacturer (Only if

supplier is not a manufacturer).

Copy NO

32


Ludhiana

18. Valid manufacturing licence (In case, bidder is

manufacturer), issued under Drugs and cosmetics Act.

Copy NO

19. Valid Drug licence and valid licence for storage,

filling and testing of compressed gas in cylinders

issued by competent authority.

Copy NO

20. Valid licence from CCE for filling and testing of

Oxygen Tanks.

Copy NO

21. Undertaking regarding uninterrupted Supply of Liquid

Medical oxygen as per Annexure-VII OR Permission by

the concerned authority to ply all times during the

day and night (to and fro).

Copy NO

22. Analytical Report on conformity to the IP standard

2014/latest Indian Pharmacopoeia of the Medical Gas

for latest batch.

Copy NO

23. Address Proof copy No

It is certified that:

1. All the above documents are valid and have been

submitted/ uploaded.

2. All the above documents have been uploaded properly and clearly.

3. All pages of the tender document and enclosures have been signed and stamped by me.

4. All pages including additional sheets (if any) have been serially numbered.

5. All documents are legible (clearly readable).

I understand that in case anything is found contrary to what

has been stated above, my bid will be rejected out-rightly.


33


Ludhiana

Annexure –V

11.FINANCIAL BID FORMAT

(TO BE FILLED ONLINE ONLY)

E-TENDER FOR Supply of Liquid Medical Oxygen (I.P) AT ESIC,

MODEL HOSPITAL, LUDHIANA.

Sr

no

Description Rate/Kg

(Exclusive of

Taxes)

Total

1 Supply of Liquid Medical

Oxygen (I.P) AT ESIC,

MODEL HOSPITAL, LUDHIANA

-

-

1.1 Rate of Liquid Medical

Oxygen(I.P) in Rs Per KG

(To be filled

online)

Note- 1. Bidders are advised to go through the Tender Document

carefully before quoting rates.

2.Rates to be quoted exclusive of taxes ,Taxes will be paid extra

as applicable.

3.Rates shall be quoted on FOR destination basis at ESIC MODEL

HOSPITAL LUDHIANA

4.The firm shall not be paid any other charges than quoted in the

Financial Bid.


34


Ludhiana

Annexure –VI

12.Experience Certificate Format

(on the letter head of issuing Organization)

It is cetified that M/s

has been providing/has provided Liquid Medical Oxygen(I.P) to

our organization since to

/for years from /20 to /20

and his/her/their services have been found to be satisfactory.

Further certified that the firm has never been indicted/debarred

for any criminal, fraudulent or anti competition activity and

have never been black-listed or debarred or both and

his/her/their contract has never been prematurely terminated ever

by our department/Ministry/Organization.

Date: (Competent Authority)

Place: Seal of the Officer

35


Ludhiana

Annexure –VII

13.Undertaking regarding uninterrupted Supply

I, _______________________ (Name) am Proprietor/Partner/Director

/Manager of M/s ___________________. I am competent and authorized

to sign this undertaking and execute this tender document.

I undertake that I shall be liable for ensuring uninterrupted supply

of Liquid Medical Oxygen(I.P)to ESIC Model Hospital Ludhiana at all

times and I shall be responsible for any mishap due to interrupted

supply and shall be liable for any action as deemed fit by competent

authority of hospital including legal action.

Signature of Owner/Managing Partner/Director

Date: Full Name:

Place: Company‟s Seal

Date post:	17-Jul-2020
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times