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egkjk"V! 'kklu lapkyuky;] oS|dh; f'k{k.k vkf.k la'kks/ku] eqacbZ DIRECTORATE OF MEDICAL EDUCATION & RESEARCH Govt.Dental College & Hospital Building, St.George's Hospital Compound, Mumbai - 400 001. Tel.No. +91-22-22620363-65 Fax:+91-22-22620562/ 22652168 Website : https://dmer.maharashtra.etenders.in E-mail- [email protected] Request for Proposal and Terms of Reference for Appointment of Consultant (Transaction Advisor) for Carrying out the Bid Process Management for Selection of a Private Partner for Development, Operation and Maintenance of Clinical Laboratory Services in selected Govt. Medical Colleges of Maharashtra State on Public Private Partnership (PPP) Basis 2013-14

DIRECTORATE OF MEDICAL EDUCATION & …...Hospital, Aurangabad, Govt. Medical College & Hospital, Nagpur in Maharashtra 4. COST OF TENDER FORM Rs. 2000/- Non-refundable, to be paid

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Page 1: DIRECTORATE OF MEDICAL EDUCATION & …...Hospital, Aurangabad, Govt. Medical College & Hospital, Nagpur in Maharashtra 4. COST OF TENDER FORM Rs. 2000/- Non-refundable, to be paid

egkjk"V! 'kklu lapkyuky;] oS|dh; f'k{k.k vkf.k la'kks/ku] eqacbZ

DIRECTORATE OF MEDICAL EDUCATION & RESEARCH Govt.Dental College & Hospital Building, St.George's Hospital Compound, Mumbai - 400 001.

Tel.No. +91-22-22620363-65 Fax:+91-22-22620562/ 22652168

Website : https://dmer.maharashtra.etenders.in E-mail- [email protected]

Request for Proposal and Terms of Reference for Appointment of Consultant

(Transaction Advisor) for Carrying out the Bid Process Management for Selection of a Private Partner

for Development, Operation and Maintenance of Clinical

Laboratory Services in selected Govt. Medical Colleges of Maharashtra State

on Public Private Partnership (PPP) Basis

2013-14

Page 2: DIRECTORATE OF MEDICAL EDUCATION & …...Hospital, Aurangabad, Govt. Medical College & Hospital, Nagpur in Maharashtra 4. COST OF TENDER FORM Rs. 2000/- Non-refundable, to be paid

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TIME SCHEDULE OF THE TENDER

1. TENDER NO. e- short tender- / 13-14 / Request for Proposal and Terms of Reference for Appointment of Consultant (Transaction Advisor)

2. Name of the Equipment

Request for Proposal and Terms of Reference for

Appointment of Consultant (Transaction Advisor) for

Carrying out the Bid Process Management for Selection of a

Private Partner for Development, Operation and

Maintenance of Laboratory in selected Govt. Medical

Colleges of Maharashtra State.

3. Name of the Medical College & Hospital

Sir J.J. Group of Hospital,Mumbai, Sasoon Hospital Pune, Gov.Medical College & Hospital, Aurangabad, Govt. Medical

College & Hospital, Nagpur in Maharashtra

4. COST OF TENDER FORM Rs. 2000/- Non-refundable, to be paid by cash in the office of Director, Medical Education & Research, Mumbai - 400 001.

5.

SALE OF TENDER DOCUMENTS

From 19/12/2013 to 8/01/2014. The prospective bidders will be authorized to download the tender form from the website https://dmer.maharashtra.etenders.in only after the bidders have deposited the Cash Receipt paid towards cost of blank Tender form as mentioned above.

6. Processing Fees Rs. 10,000/- (DD Should be submitted in-person to DMER office before 10/01/2013 upto 5.00p.m.)

7. Pre Bid meeting

Dt.23/12/2013 at 15.00 hrs at Directorate of Medical Education & Research, 4th Floor, Govt. Dental College & Hospital Building, St. George's Hospital Compound Mumbai.

8. LAST DATE FOR PAYMENT OF AMOUNT TOWARDS COST OF TENDER FORM

To be paid on or before 08/01/2013 at Directorate of Medical Education & Research, 4th Floor, Govt. Dental College & Hospital Building, St. George's Hospital Compound Mumbai.

Sr. No.

SCHEDULE OF E-TENDERING ACTIVITY

Activities Start Expiry

Date Time Date Time

1 Online Tender Release 18/12/13 11.00 19/12/13 11.00

2 Online Tender documents download

19/12/13 11.01 08/01/14 17.00

3 Online Bid preparation 19/12/13 11.01 08/01/14 17.00

4 Online Technical bid closing 08/01/14 17.01 08/01/14 19.00

5 Online Commercial bid closing 08/01/14 17.01 08/01/14 19.00

6 Online submission of Bid 08/01/14 19.01 10/01/14 17.00

7 Online Tender opening (Technical)

13/01/14 11.00 13/01/14 17.00

8 Online Tender opening (Commercial)

20/01/14 11.00 30/01/14 17.00

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 DMER, Mumbai

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Table of Contents

Sr.No. Page

1. Background : 4

2. Objective : 4

3. Scope of Work for the Transaction Advisor : 4

4. Tasks to be performed by Transaction Advisor (TA) : 4

5. Selection of Transaction Advisor : 6

6. Deliverables and Timelines : 6

7. Eligibility Criteria : 7

8. Key Professional Staff : 7

9. Preparation of Proposal : 8

10. Basis for Award of Contract : 8

11. Proposal Validity Period : 9

12. Right to reject any or all Proposals : 9

13. Pre Proposal Conference : 9

14. Payment schedule : 9

15. Taxes and Levies : 10

16. Last date of submission of Proposal : 10

17. Documents to be submitted along with the Technical Proposal

17.1 Transmittal Letter and Title Page : 10

17.2 Table of Contents : 10

17.3 Proposal Contents : 10

17.4 Team Identification and Organizational Chart : 10

17.5 Services and Work Plan : 10

17.6 Qualifications and Experience : 10

17.7 Power of Attorney : 11

17.8 Undertaking regarding conflict of Interest : 11

17.9 Audited Financial Statements : 11

17.10 Processing Fees : 11

18. APPENDIX-I (Technical Proposal)

Letter of Proposal - Form-1 : 12

Particulars of the Applicant - Form - 2 : 14

Power of Attorney - Form - 3 : 16

Particulars of Key Personnel - Form - 4 : 18

Proposed Methodology and Work Plan - Form - 5 : 18

Experience of Applicant# - Form - 6 : 19

Experience of Key Personnel @ Form - 7 : 20

Eligible Assignments of Applicant- Form - 8 : 20

Eligible Assignments of Key Personnel - Form - 9 : 20

Curriculum Vitae (CV) of Professional Personnel-Form- 10 : 21

Covering Letter - Form - 11 : 22

Proforma of Financial Proposal (without Price) -Form - 12 : 23

19. APPENDIX-II

Proforma of Financial Bid : 24

20. IMPORTANT INSTRUCTIONS TO BIDDERS : 25

21. Details of Different Modes of Online Payment to e-Tendering Service Provider

: 27

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1. Background

The Directorate of Medical Education and Research, Mumbai aims to

improve quality medical services currently available to the citizens of Maharashtra. Laboratory services are one such service area where there is an urgent need to set up Laboratory across selected Govt. Medical

Colleges in Maharashtra ( Sir J.J. Group of Hospital,Mumbai, Sasoon Hospital Pune, Gov.Medical College & Hospital, Aurangabad, Govt. Medical College & Hospital, Nagpur and ensure the easy accessibility

and affordable pricing to its users with active participation from the private sector.

With the above aim in mind, the Government of Maharashtra (GoM) wishes for "Development, Operation and Maintenance of Laboratory

in selected Govt. Medical Colleges of Maharashtra State on Public Private Partnership (PPP) Basis".

It is envisaged that the government will provide open space within the designated hospital or in the compound of the designated hospital or in

a nearby location to set up the Laboratory centre. The scope of the PPP project is likely to include construction of new building and / or renovation of existing building / facility to house the Laboratory centre,

procurement of equipment, financing, and providing technical and specialized staff to operate and maintain the equipment at the

Laboratory centre for optimal usage. A private partner will be selected through a bidding process and the scope of work will broadly include designing, procurement of equipment and other items, installation,

commissioning and the operation and maintenance of such facilities thereof.

The Directorate of Medical Education and Research, Mumbai (DMER), through the services of Transaction Advisors, wants to design a suitable

model of operation of setting up and operating Laboratory centres in select hospitals through a suitable PPP structure. This will be followed by a bid process to select the preferred private partner.

2. Objective:

The objective of this assignment is to engage a Transaction Advisor/

Consultant to advise the DMER on structuring and implementing the Project. The Consultant shall assist the Authority in determining the optimal transaction structure, institutional arrangement and carrying

out bid process management including preparing all required bidding documents.

3. Scope of Work for the Transaction Advisor

The study would entail the following: suggest PPP options to engage private partners in delivering

Laboratory services at Govt. Medical Colleges and hospitals Inputs for the bid documents and selection of preferred bidder.

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4. Tasks to be performed by Transaction Advisor (TA)

The specific tasks to be carried out by the selected TA for the project would be completed in two Phases viz.

Phase I – Prepare a suitable project structure i.e. single bid for all Laboratory centres or multiple bids for clusters of hospitals attached to Govt. Medical Colleges based on parameters such as location, service

range, equipment requirement, etc and the applicable institutional arrangements

Phase II – Bid Process Management as decided by the Authority based on the comparative analysis presented by the TA. These tasks have been

more specifically defined as under:

Phase I: Market Assessment and Feasibility Study

a) Project Structuring

i. The consultant should identify the preferred PPP structure & present the comparative analysis with recommended model and market soundings.

ii. Prepare a Detailed Project Structure including the Institutional Arrangements for implementation of the project, based on Public

Private Partnership. b) Legal Review

The Legal Review will provide information on the relevant laws and regulations that might have an impact on the development of

the Project, private sector participation and financing of the Project. The Consultant will examine and suggest suitable legal

and institutional frame-work, for implementation, operation and maintenance of the project. This would also include the impact of policy decisions by the Government, amendments to the existing

acts, etc., as may be required. Phase II: Bid Process Management

a. To prepare Expression of Interest / RFQ or both as the case may be, for inviting proposals from eligible bidders.

b. To prepare project information memorandum c. To meet potential bidders to promote the project and encourage

them to participate in the bidding. d. Assist DMER in Evaluation of Request for Qualification and

shortlisting of qualified bidders for the next stage.

e. Preparation of request for proposal / Bid documents with suitable evaluation criteria. In the process, it is necessary to refer to the

feasibility study and use the outputs from there to arrive at the bid and evaluation criteria.

f. To issue request for proposal / Bid documents to the short-listed

bidders. g. To assist the DMER in responding to the queries that may be

raised during the pre-bid meetings and prepare minutes along

with addendum / corrigendum to the bid documents as required. h. Upon receipt and opening of bids, facilitate DMER to prepare

technical and financial bid evaluation reports with recommendations.

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i. To prepare legally vetted concession contract agreement for the project.

j. Assistance in signing of the agreement with the selected operator.

5. Selection of Transaction Advisor

The consultants shall be appointed through open advertisement based on Financial Proposal of Eligible Applicants by DMER from amongst

the bidder. The selected consultant will report to the DMER or any committee constituted for the purpose.

6. Deliverables and Timelines

The following deliverables are to be submitted as part of this activity:

Sr. No.

Deliverable Details Within week/s of

commencement

Phase I: Market Assessment and Feasibility Study

1. Draft Report Estimation of likely demand for Laboratory center at the selected sites;

Analysis of existing supply of Laboratory centers and indicative

competition; An overview of other PPP models in Laboratory center operational in

the country; Financial viability analysis;

Scope and design of PPP model for Maharashtra

10 Days

2. Final Report Final Report, including

incorporating all the suggestions will be submitted by the

consultants

Phase II: Bid Process Management

1 EOI / Request for

Qualification (RFQ) document

RFQs & Advertisement detailing the threshold criteria (in

consultation with the Authority) for inviting the Proposals

Within Two (2) weeks of approval

of Final Report.

2 RFQ Evaluation

Report

Complete Evaluation Report with support documents that would be

presented to DMER for the project

Within One (1) week of receipt of

the RFQ documents from

interested bidders

3 Preparing for Due Diligence

Facilitation in conducting due diligence

Within One (1) week of RFQ

evaluation reports approved

by the Authority

4 Request for

Proposal (RFP) document

including the

TA would draw up tender

documents (RFP) and Draft Concession Agreements keeping the basic conditions same in both

and shall be based on the

Within Two (2)

weeks of RFQ evaluation report approved by the

Authority

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Sr. No.

Deliverable Details Within week/s of

commencement

Draft Concession

Agreement

guidelines of the Authority and with the objective of being

transparent and meticulous in all respect.

5 Pre-bid Meeting & replies to

queries

Assist the Authority in holding pre-bid conferences and interacting with the potential partners and

prepare the possible replies to the queries. Preparation of pre-bid

meeting minutes.

Within Two (2) weeks of issue of RFP

6 Finalizing

Concession Agreement & Signing of

Concession Agreement with the

successful bidder.

Assist the Authority in negotiation

of Contract / Concession Agreement and other related project documentation required for

finalizing the approval.

Within Four (4)

weeks of RFP evaluation report approved by the

Authority.

7. Eligibility Criteria

The consultants should satisfy the following minimum eligibility

criteria and should submit the proposal with necessary supporting documents.

7.1. Consultant should have functional experience of –

i) PPP project development experience of atleast two completed healthcare PPP projects of not less than Rs 40.00 Crores in the

last 10 years.

ii) At least one of the PPP project implement should be with the Government.

iii) Financial and economic expertise, directly applicable to the PPP and financial intermediaries

iv) Technical Expertise in (1) public health including experience of

working with state governments and government functionaries at the level of Govt. Medical Colleges and hospitals; (2)

experience of working with hospital service providers and medical equipment manufacturers.

v) Agency in putting up the Institutional Arrangements for

implementation and monitoring of PPP Project. Documentary evidence of these Assignments specified in the Proposal should be provided as supporting.

Availability of Key Personnel: The Applicant shall offer and make available all Key Personnel meeting the requirements specified in clause 8 below.

8. Key Professional Staff

The Consultancy Team shall consist of the following key personnel (the “Key

Personnel”) who shall fulfill the academic and professional experience criteria as specified below:

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Key Personnel

Education Qualification

Length of professional Experience

Experience on Eligible Assignments

Health Expert (Team Leader)

Post Graduate in management/

Chartered Accountant or

equivalent

15 years He / She should have worked in public and

private health sector in India with experience in

feasibility assessment, business plan and PPP

PPP expert Post Graduate in

Management/ Chartered

Accountant or equivalent

15 years He/ She should have

worked as a PPP expert on at least 2 (two) PPP projects

in Infrastructure.

Finance Expert

Post Graduate in Management/ Chartered

Accountant or equivalent

10 years He/ She should have experience in developing financial models, viability

assessment, and comparison of scenarios with experience of working

in the health sector

Legal Advisor Graduate in Law

or equivalent

10 years He/She should have

worked as a legal expert with significant experience

in PPPs

9. Preparation of Proposal

The Consultants shall submit their proposal in the enclosed formats with a covering letter, enclosing the following in separate envelopes,

super scribed as given under against each Enclosure:

Enclosure 1 Technical Proposal in separate sealed envelope and

super scribed on the envelope as “Enclosure 1: Technical Proposal”. This should include

1. This RFP in original with signature on each page, 2. minutes of pre-bid meetings (if any) with signature

on each page,

3. The documents supporting the eligibility criteria. (To support the claim of successful completion of

projects, the consultants are advised to submit the Completion certificate from the respective clients.)

4. Name and profile of the key professionals on the

attached format along with the offer. 5. Processing fee Rs.10,000/- in the form of Demand

Draft payable to The Director, Medical Education

and Research, Mumbai Payable at Mumbai

Enclosure 2 Financial (Price) Proposal (One copy only, in a separate

sealed envelope) and superscribed as “Enclosure 2: Financial Proposal”.

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10. Basis for Award of Contract

Once the eligibility criteria are fulfilled, the consultants shall be evaluated on the basis of their financial bid. The lowest financial offer

shall be selected.

11. Proposal Validity Period

Proposal Validity Period must be minimum 90 days from the proposal Due Date.

12. Right to reject any or all Proposals

12.1. Notwithstanding anything contained in this RFP, the Authority

reserves the right to accept or reject any Proposal and to annul the Selection Process and reject all Proposals, at any time without any

liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons thereof.

12.2. The Authority reserves the right to reject any Proposal if: 12.2.1. At any time, a material misrepresentation is made or uncovered,

or 12.2.2. The Applicant does not provide, within the time specified by the

Authority, the supplemental information sought by the Authority for evaluation of the Proposal.

12.3. Such misrepresentation/ improper response may lead to the disqualification of the Applicant. If the Applicant is the Lead Member

of a consortium, then the entire consortium may be disqualified/ rejected. If such disqualification / rejection occurs after the

Proposals have been opened and the highest ranking Applicant gets disqualified / rejected, then the Authority reserves the right to consider the next best Applicant, or take any other measure as may

be deemed fit in the sole discretion of the Authority, including annulment of the Selection Process.

13. Pre Proposal Conference

The date, time and venue of Pre-Proposal Conference shall be:

Date: 23th December 2013 Time:15.00 hrs Venue:

DMER office, 4th Floor, Govt.Dental College & Hospital Building,

St.George's Hospital Compound, Mumbai - 400 001

14. Payment schedule

A lump sum fee would be quoted by the consultant. The fee structure will be based on milestones. The selected T.A. would have to be with

the Authority throughout all the alterations in the biding process till the final agreement is signed with prospective bidders. Total fee

would be paid as per the deliverables corresponding to the milestones mentioned in the following table

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S. No. Deliverable Payment

1 On submission of Draft report 10 % of the total Amount

2 After approval of Final Report 15% of the total Amount

3 After approval of RFQ, RFP and Draft Concession Agreement

40% of the total Amount

4 On issue of LOI to preferred Bidder (s) 20% of the total Amount

5 On signing of Concession Agreement with preferred Bidder(s)

15% of the total Amount

15. Taxes and Levies

The financial offer by the bidder should be inclusive of all the costs and taxes. No claims shall be entertained in the future.

16. Last date of submission of Proposal

The consultants are be required to send their proposals along with the details pertaining to the eligibility criteria as set in the TOR, and

a non-refundable Deposit of Rs.10,000/- as processing charges in the form of Demand Draft in favour of –Director, Medical Education and Research, Mumbai payable at Mumbai on or before the

08/01/2014 by 17.00 Hrs at the following address: DMER office, 4th Floor, Govt.Dental College & Hospital Building, St.George's Hospital Compound,

Mumbai - 400 001

17. Documents to be submitted along with the Technical Proposal

17.1. Transmittal Letter and Title Page

Include a transmittal letter containing a brief statement of the respondent’s understanding of the work to be done and an

indication of positive interest in performing this work for Authority. 17.2. Table of Contents

Include a Table of Contents listing the various sections included in the proposal.

17.3. Proposal Contents

Each Consultant must include in the proposal an Executive Summary that summarizes important features of the proposal, brief description of the Consultant’s approach to the scope of work, a

description of the project team, and a description of how the proposed team meets the requirement set forth in this RFP. The

Executive Summary should not be more than 2 to 3 pages. Brief Corporate Profile along with Experience in handling similar assignments including Completion certificates satisfying the

eligibility criteria mentioned above 17.4. Team Identification and Organizational Chart

Identify your firm and each key professional by name, primary representative and title, address of offices, telephone and fax numbers and email address. Indicate the business structure of your

firm (i.e., whether your firm is a corporation, joint venture, partnership, or sole proprietor). Indicate the name(s) of the owner(s) of your firm.

17.5. Services and Work Plan

The proposal should include a work plan describing the services,

approach and methodology proposed for accomplishing the scope of

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work. The proposed phasing of the project should be discussed. The proposal should be sufficient in detail to allow an objective analysis of the firm’s capabilities and envisioned work plan in comparison

with competing firms. Discuss the roles and responsibilities of the project team.

17.6. Qualifications and Experience

The proposal must supply information concerning the Number of Professional Consultants who will be deputed exclusively for this

project along with their curriculum vitae specifying qualifications and relevant experience for this assignment.

17.7. Power of Attorney

An authorized person of the firm shall sign the proposal, on behalf of the firm. The Power of Attorney of the authorized person should be on stamp paper duly notarized or Board resolution should be

submitted along with the proposal. All necessary forms and statements for the various miscellaneous provisions explained in

this document must be completed, properly signed, and submitted with the proposal.

17.8. Undertaking regarding conflict of Interest

Consultant must submit an undertaking clearly indicating the following: a. Transaction advisor Not to Benefit from Commissions,

Discounts, etc. The remuneration of the transaction advisor shall constitute the transaction advisor' sole remuneration in connection with this Project or the Services, and the transaction advisor shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Project or to the Services or in the discharge of their obligations under the Contract, and the transaction advisor shall use their best efforts to ensure that the Personnel, any Sub transaction advisors, and agents or either of them, similarly shall not receive any such additional remuneration.

b. Transaction advisor Not to Be Otherwise Interested in Project The transaction advisor agree that, during the term of this Contract and till its termination, the transaction advisor as well as any Sub-transaction advisor shall not provide similar transaction advisory services related to this engagement to any bidder of the Project.

17.9. Audited Financial Statements Audited Financial Statements for the last three years

17.10. Processing Fees

Non refundable Deposit of Rs.10,000/- as processing charges in the form of Demand Draft payable to Director, Medical Education and Research, Mumbai payable at Mumbai.

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APPENDIX-I TECHNICAL PROPOSAL

Form-1 Letter of Proposal

(On Applicant’s letter head) (Date and Reference) To,***** ********************** **********************

Sub: Appointment of Transaction Advisors for Development, Operation and Maintenance of Laboratory in selected Govt. Medical Colleges of Maharashtra State on Public Private Partnership (PPP)

Dear Sir, With reference to your RFP Document dated ………….., I/we, having examined all relevant documents and understood their contents, hereby submit our "Proposal for selection as Consultant for Feasibility Study and Bid Management for Development, Operation and Maintenance of Laboratory in selected Govt. Medical Colleges of Maharashtra State on Public Private Partnership (PPP) Basis". The proposal is unconditional and unqualified.

2. All information provided in the Proposal and in the Appendices is true and correct and all documents accompanying such Proposal are true copies of their respective originals.

3. This statement is made for the express purpose of appointment as the

Transaction Advisor for the aforesaid Project. 4. I/We shall make available to the Authority any additional information it may

deem necessary or require for supplementing or authenticating the Proposal. 5. I/We acknowledge the right of the Authority to reject our application without

assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever.

6. I/We certify that in the last three years, I/any of the consortium members have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Applicant, nor been expelled from any project or contract nor have had any contract terminated for breach on our part.

7. I/We declare that:

(a) I/We have examined and have no reservations to the RFP Documents, including any Addendum issued by the Authority;

(b) I/We do not have any conflict of interest in accordance with Clause 17.8

of the RFP Document; (c) I/We have not directly or indirectly or through an agent engaged or

indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, in respect of any tender or request for proposal issued by or any agreement entered into with the Authority or any other public sector enterprise or any government, Central or State; and

(d) I/We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.

8. I/We understand that you may cancel the Selection Process at any time and that you are neither bound to accept any Proposal that you may receive nor to select the Consultant, without incurring any liability to the

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Applicants in accordance with Clause 12 of the RFP document.

9. I/We declare that we/any member of the consortium, are/is not a Member of a/any other Consortium applying for Selection as a Consultant.

10. I/We certify that in regard to matters other than security and integrity of

the country, we have not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which would cast a doubt on our ability to undertake the Consultancy for the Project or which relates to a grave offence that outrages the moral sense of the community.

11. I/We further certify that in regard to matters relating to security and integrity of the country, we have not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any offence committed by us or by any of our Associates.

12. I/We further certify that no investigation by a regulatory authority is pending either against us or against our Associates or against our CEO or any of our Directors/Managers/employees.

13. I/We hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by the Authority in connection with the selection of Consultant or in connection with the Selection Process itself in respect of the above mentioned Project.

14. The Bid Security of Rs. ________________ (Rupees _____________only) in the form of a Demand Draft is attached, in accordance with the RFP document.

15. I/We agree and understand that the proposal is subject to the provisions of the RFP document. In no case, shall I/we have any claim or right of whatsoever nature if the Consultancy for the Project is not awarded to me/us or our proposal is not opened or rejected.

16. I/We agree to keep this offer valid for 90 (ninety) days from the Proposal

Due Date specified in the RFP. 17. A Power of Attorney in favour of the authorised signatory to sign and

submit this Proposal and documents is attached herewith in Form 4. 18. In the event of my/our firm/ consortium being selected as the Consultant,

I/we agree to enter into an Agreement with the Authority. 19. I/We have studied RFP and all other documents carefully and also surveyed

the Project site. We understand that except to the extent as expressly set forth in the Agreement, we shall have no claim, right or title arising out of any documents or information provided to us by the Authority or in respect of any matter arising out of or concerning or relating to the Selection Process including the award of Consultancy.

20. The Financial Proposal is being submitted in a separate cover. This Technical Proposal read with the Financial Proposal shall constitute the Application which shall be binding on us.

21. I/We agree and undertake to abide by all the terms and conditions of the RFP Document. In witness thereof, I/we submit this Proposal under and in accordance with the terms of the RFP Document.

Yours faithfully, (Signature, name and designation of the Authorised Signatory) (Name and seal of the Applicant / Lead Member)

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APPENDIX-I Form-2

Particulars of the Applicant

1.1 Title of Consultancy:

1.2 Title of Project:

1.3 State whether applying as Sole Firm or Lead Member of a consortium:

1.4 State the following: Name of Company or Firm: Legal status (e.g. incorporated private company, unincorporated business, partnership etc.): Country of incorporation: Registered address:

Year of Incorporation: Year of commencement of business: Principal place of business: Brief description of the Company including details of its main lines of business: Name, designation, address and phone numbers of Authorised Signatory of the Applicant: Name: Designation: Company: Address: Phone No.: Fax No. : E-mail address:

1.5 If the Applicant is Lead Member of a consortium, state the following for each of the other Member Firms:

(i) Name of Firm: (ii) Legal Status and country of incorporation: (iii) Registered address and principal place of business:

1.6 For the Applicant, (in case of a consortium, for each Member), state the following information: i) In case of non-Indian company, does the company have business presence in India? Yes/No If so, provide the office address (es) in India. ii) as the Applicant or any of the Members in case of a consortium been penalized by any organization for poor quality of work or breach of contract in the last five years? Yes/No iii) Has the Applicant/Member ever failed to complete any work awarded to it by any public authority/entity in last five years? Yes/No iv) Has the Applicant or any member of the consortium been blacklisted by any Government department/Public Sector Undertaking in the last five years? Yes/No v) Has the Applicant or any of the Members, in case of a consortium, suffered bankruptcy/insolvency in the last five years? Yes/No

N Note: If answer to any of the questions at (ii) to (v) is yes, the Applicant is not eligible for this consultancy assignment.

1.7 Does the Applicant's firm/company (or any member of the consortium) combine functions as a applicant or adviser along with the function as a contractor and/or a manufacturer? Yes/No

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If yes, does the Applicant (and other Member of the Applicant's consortium) agree to limit the Applicant's role only to that of a applicant/adviser to the Authority and to disqualify themselves, their Associates/affiliates, subsidiaries and/or parent organization subsequently from work on this Project in any other capacity.

1.8 Does the Applicant intend to borrow or hire temporarily, personnel from contractors, manufacturers or suppliers for performance of the Consulting Services? Yes/No If Yes, does the Applicant agree that it will only be acceptable as Applicant, if those contractors, manufacturers and suppliers disqualify themselves from subsequent execution of work on this Project (including tendering relating to any goods or services for any other part of the Project) other than that of the Applicant? Yes/No If Yes, have any undertaking been obtained (and annexed) from such contractors, manufacturers, etc. that they agree to disqualify themselves from subsequent execution of work on this Project and they agree to limit their role to that of applicant/adviser for the Authority only? Yes/No Signature, name and designation of the Authorised Signatory) For and on behalf of …………………..

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APPENDIX-I Form-3

Power of Attorney

Know all men by these presents, we, .......................(name of firm and address of the registered office) do hereby constitute, nominate, appoint and authorise Mr / Ms……………….......................... son/daughter/wife and presently residing at .................................who is presently employed with us and holding the position of …………………...as our true and lawful attorney (hereinafter referred to as the “Authorised Representative”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our Proposal for and selection as the Transaction Advisors for "Development, Operation and Maintenance of Laboratory in selected Govt.

Medical Colleges of Maharashtra State on Public Private Partnership (PPP) Basis" to be developed by the “Authority” including but not limited to signing and submission of all applications, proposals and other documents and writings, participating in pre-bid and other conferences and providing information/ responses to the Authority, representing us in all matters before the Authority, signing and execution of all contracts and undertakings consequent to acceptance of our proposal and generally dealing with the Authority in all matters in connection with or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us till the entering into of the Agreement with the Authority. AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Authorised Representative pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Authorised Representative in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF WE,…………………………………..THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS …………………………DAY OF …………, 2013 For ........................................................

(Signature, name, designation and address) Witnesses: 1. 2. Notarised Accepted (Signature, name, designation and address of the Attorney)

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Notes: 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. The Power of Attorney should be executed on a non-judicial stamp paper of Rs. 50 and duly notarised by a notary public. Wherever required, the Applicant should submit for verification the extract of the charter documents and other 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 Applicant. For a Power of Attorney executed and issued overseas, the document will also have

to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, Applicants from countries that have signed the Hague Legislation Convention 1961 need not get their Power of Attorney legalised by the Indian Embassy if it carries a conforming Appostille certificate.

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APPENDIX-I Form-4

Particulars of Key Personnel

S.No Designation of Key Personnel

Name

Educational Qualificatio

n

Length of Professio

nal experienc

e

Present Employment

No. of Eligible Assignments

Name of Firm

Employed Since

(1) (2) (3) (4) (5) (6) (7) (8)

1. Health expert

(“Team Leader”)

2. PPP Expert

3. Finance Expert

4. Legal Advisor

APPENDIX-I Form-5

Proposed Methodology and Work Plan

The proposed methodology and work plan shall be described as follows: 1. Understanding of TOR (not more than two pages) The Applicant shall clearly state its understanding of the TOR and also highlight its important aspects. The Applicant may supplement various requirements of the TOR and also make precise suggestions if it considers this would bring more clarity and assist in achieving the Objectives laid down in the TOR. 2. Methodology and Work Plan (not more than ten pages) The Applicant will submit its methodology for carrying out this assignment, outlining its approach toward achieving the Objectives laid down in the TOR. The Applicant will submit a brief write up on its proposed team and organisation of personnel explaining how different areas of expertise needed for this assignment have been fully covered by its proposal. In case the Applicant is a consortium, it

should specify how the expertise of each firm is proposed to be utilised for this assignment. The Applicant should specify the sequence and locations of important activities, and provide a quality assurance plan for carrying out the Consultancy Services.

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APPENDIX-I

Form-6 Experience of Applicant#

S.No. Name of Project# Estimated capital cost

of Project (in Rs cr.)

Consultancy Payment received by

the Applicant

(1) (2) (3) (4)

1

2

3

4

5

# The Applicant should provide details of only those projects that have been undertaken by it under its own name.

Certificate from the Statutory Auditor This is to certify that the information contained in Column 4 above is correct as per the Accounts of the Applicant. Name of the Authorised Signatory: Designation: Name of the Audit firm: (Signature for the Authorised Signatory of the Statutory Auditor) Seal of the Firm Note: 1. In case the Applicant does not have a statutory auditor, it shall provide the certificate from its chartered accountant that ordinarily audits the annual

accounts of the Applicant.

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APPENDIX-I Form-7

Experience of Key Personnel@

Name of Key Personnel: Designation:

No. Name of Project

Estimated capital cost of

Project (in Rs cr.)

Name of the Firm for which Key Personnel

worked

Designation of the Key

Personnel on the project

Date of Completion

of the Project

Assignment

(1) (2) (3) (4) (5) (6)

1

2

3

4

5

@ Use separate Form for each Key Personnel.

APPENDIX-I Form 8

Eligible Assignments of Applicant

Name of Applicant:

Name of the Project:

Description of the Project:

Description of services performed by the Applicant firm:

Name of client and Address:

Name, telephone no. and fax no. of client's representative:

Estimated capital cost of Project (in INR):

Payment received by the Applicant (in INR):

Start date and finish date of the services (month/year):

Note:- Use separate sheet for each eligible project. Attach a single page summery containing brief particulars of each project.

APPENDIX-I

Form 9 Eligible Assignments of Key Personnel

Name of Key Personnel:

Designation of Key Personnel:

Name of the Project:

Description of the Project:

Description of services performed by the Applicant firm:

Name of client and Address:

Name, telephone no. and fax no. of client's representative:

Estimated capital cost of Project (in INR):

Payment received by the Applicant (in INR):

Start date and finish date of the services (month/year):

Note:- Use separate sheet for each eligible project. Attach a single page summery containing brief particulars of each project.

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APPENDIX-I

Form -10 Curriculum Vitae (CV) of Professional Personnel

1. Proposed Position: 2. Name of Personnel: 3. Date of Birth: 4. Nationality: 5. Educational Qualifications: 6. Employment Record: (Starting with present position, list in reverse order every employment held.) 7. List of projects on which the Personnel has worked

(Project Name Description of assignment performed) 8. Details of the current assignment and the time duration for which services are required for the current assignment. Certification: 1 I am willing to work on the Project and I will be available for entire duration of the Project assignment as required. 2 I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications and my experience. (Signature and name of the Professional) Place... (Signature and name of the Authorised Signatory of the Applicant) Notes: Use separate form for each Professional Personnel. Each page of the CV shall be signed in ink by both the Personnel concerned and by the Authorised Representative of the Applicant firm along with the seal of the firm. Photocopies will not be considered for evaluation.

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APPENDIX-I

FINANCIAL PROPOSAL Form - 11

Covering Letter

(On Applicant’s letter head) (Date and Reference) To, ** ** ** Dear Sir,

Sub: Appointment of Transaction Advisors for Development, Operation and Maintenance of Laboratory in selected Govt. Medical Colleges of Maharashtra State on Public Private Partnership (PPP) Basis

I/We, ____________________ (Applicant’s name) herewith enclose the Financial Proposal for selection of my/our firm as Consultant for above. I/We agree that this offer shall remain valid for a period of 90 (ninety) days from the Proposal Due Date or such further period as may be mutually agreed upon. Yours faithfully, (Signature, name and designation of the Authorised Signatory) Note: The Financial Proposal is to be submitted strictly as per forms given in the RFP.

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APPENDIX-I Form - 12

Financial Proposal

(On Applicant’s letter head) (Date and Reference) To, ** Dear Sir,

Sub: Appointment of Transaction Advisors for Development, Operation and Maintenance of Laboratory in selected Govt. Medical Colleges of Maharashtra State on Public Private Partnership (PPP) Basis

Being duly authorized to represent and act on behalf of ………………………. (hereinafter referred to as “the Bidder”) and having reviewed and fully understood all of the requirements of the RFP document and information provided, the undersigned hereby apply for the project referred above. We are enclosing our Bid offer with the details as per the requirements of the RFP Document. Sr.No. Description Basis price

(In INR)

(A)

Service Tax (In

percentage)

Service tax

(In INR) (B)

Other charges/

taxes if any

(please specify)

Other charges

if any (In INR)

(C)

Total (In INR)

(A)+(b)+(c) =

(D)

(Charactor) (Lone Text) (Currency) (Lone Text) (Currency) (Lone Text) (Currency) (Currency)

1 Development

2 Operation

3 Maintenance

TOTAL

Our offer of Total Cost of the Services is inclusive of all taxes, incidentals, overheads, traveling expenses, accommodation, printing and binding of reports, all sundries, all other expenditure for execution of this services / assignment covering all ‘Terms and conditions’ (as per this RFP). Yours faithfully, (Signature, name and designation of the Authorised Signatory)

Note: The Financial Proposal is to be submitted strictly as per forms given in the RFP.

RFP cum TOR for Appointment of TA for “Appointment of Transaction Advisors for

Development, Operation and Maintenance of Laboratory in selected Govt.

Medical Colleges of Maharashtra State on Public Private Partnership (PPP) Basis”

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APPENDIX-II

Proforma of Financial Bid

[COMMERCIAL OFFER]

Note:-For price / commercial bids, online forms will be provided during bid preparation stage where bidders should

quote the prices as per the bid requirement.

1) Name of the institute/Hospital :-

2) Tender Ref No. :-

3) Due on :-

4) Subject :-

PART -A

Sr.No. Description Basis price

(In INR) (A)

Service Tax (In

percentage)

Service tax

(In INR) (B)

Other charges/

taxes if any (please specify)

Other charges

if any (In INR) (C)

Total (In INR)

(A)+(b)+(c) = (D)

(Charactor) (Lone Text) (Currency) (Lone Text) (Currency) (Lone Text) (Currency) (Currency)

1 Development

2 Operation

3 Maintenance

TOTAL

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IMPORTANT INSTRUCTIONS TO BIDDERS

In accordance with G R No.SPO-1088/(2512)/IND-6 dated 02.01.1992 issued by Government of Maharashtra, Directorate of Medical Education & Research, Dental

College Building 4th Floor, St. Georges Hospital Compound, C.S.T. Mumbai 400 001, invites online digitally sealed tenders in Two Bid System for Request for Proposal and Terms of Reference for Appointment of Consultant (Transaction

Advisor) for Carrying out the Bid Process Management for Selection of a Private Partner for Development, Operation and Maintenance of Laboratory in selected Govt. Medical Colleges of Maharashtra State.

1.1 The Tenders shall be submitted online through e- tendering process

only. No tender will be accepted manually or through fax etc.

1.2 The Tender form will be available online only. No tender form will be sold/issued manually from Directorate of Medical Education & Research, Mumbai

1.3 The tender document will be uploaded / released on Govt. of Maharashtra e-tendering website http://dmer.maharashtra.etenders.in

The tenderer is required to download the tender document from this website as per the schedule of activities for online tender document download.

1.4 The tenderer has to pay cost of the tender document by cash in the office of Director, Medical Education & Research, Mumbai. To download the

tender document from the website the tenderer is required to fill the details of the cash receipt number towards the cost of the tender document. Documents downloaded without filling the details of cash

receipt of tender cost will not be considered as valid tender document.

1.5 The tenderer is required to be pay the amount towards the cost of the

tender document in cash at Directorate of Medical Education & Research, Mumbai Office on any working day excluding 2nd and 4th

Saturday, Sunday and Govt. holidays between 11.00 am to 4.00 pm. before due date.

1.6 The tenderer is required to get the photocopy of the cash receipt towards

the cost of the tender and upload the photocopy of the Cash receipt at the time of uploading the documents required for technical bid.

1.7 The tenderer is required to download the tender document within the schedule of activity for online tender document download. After expiry of

the date and time for tender document download, the Directorate of Medical Education & Research, Mumbai will not be responsible for any such failure on account of tenderer for not downloading the document

within the schedule even though he has paid the cost of the tender to the Directorate of Medical Education & Research, Mumbai office. In such case the cost of the tender paid by the tenderer will not be refunded.

1.8 During the activity of bid preparation, the tenderer is required to upload all the documents mentioned in the terms & conditions of the technical

bid by scanning the documents and uploading it in the PDF. This activity of uploading the documents as well as preparation of commercial bid and

other Annexures enclosed with the tender shall be completed within the schedule given for bid preparation.

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1.9 After bid preparation, the tenderer is required to submit the bid again

during the activity of submission of bid without which the tender will not be submitted.

1.10 The tenders submitted online will be opened on the schedule date before the participant. At the time of opening of technical bid the tenderer should bring all the original documents which have been uploaded along

with the technical bid so that same can be verified at the time of opening of technical bid. If the tenderer fails to produce the original documents at the time of opening of technical bid then the decision of the committee

taken on the basis of document uploaded will be final and binding on the tenderer

1.11 As the tenders are invited online, tenderers are required to upload tender as per the schedule given. DMER is not responsible for failure on the

part of tenderer to upload tender within the time schedule. In case of any help required for this purpose the tenderer shall contact to help line of e-tendering agency M/s. Sify Nex Tenders on telephone nos. (020)

2531-5555 /(022)-2661-1117, 2660-3142 Tenderers are requested to go carefully through the process of e-tendering given on the website of website

http://dmer.maharashtra.etenders.in to avoid disqualification of their tender on any ground.

1.12 The tenderer is required to pay tender processing fee of Rs.1038/- per tender to e-tendering agency, M/s. Sify Nex Tenders at the time of on line

submission stage through e-payment (through credit cards/debit card/net banking). Details of different modes of online payment to e-tendering service provider is as per Annexure ‘X. Non payment of fees

will result in non submission of the tender and Directorate of Medical Education & Research, Mumbai will not be responsible if the tenderer is not able to submit their offer due to non payment of processing fees to

the e-tendering agency.

1.13 Any amendment to the tender will be placed on the e-tendering website

of the Govt. of Maharashtra. The tenderer will not be communicated separately regarding the amendment. The tenderer should download the

amendment. However if the tenderer fails to upload any of these amendments then it will be presumed that the tenderer has quoted his/ her rates by taking the note of these amendments.

1.14 MANNER OF SUBMISSSION OF TENDER The tender is divided in two parts and required to be submitted online

only

Technical Bid (Part I)-

Contains technical information such as technical specifications, terms & conditions of the tender, qualification criteria, documents required to be submitted to become qualify for opening of commercial bid, general

terms & conditions of the tender, instructions to the tenderer for submission of the tender, other Annexures required to be submitted by the tender along with the technical bid, confirmation to tender terms

& conditions. Detailed specification of the tendered item shall be as per Annexure ‘III’.

Commercial Bid (Part- II)- Contains price bid to be filled in by the tenderer.

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Details of Different Modes of Online Payment to e-Tendering Service Provider:

The interested contractors / bidders will have to make online payment (using credit card/debit card/net banking/Cash Card) of Rs. 1038/- (inclusive of all taxes) per bid per tender to online service provider of e-Tendering system (Sify NexTenders) at the time of entering online Bid Submission stage of the tender schedule.

Net Banking (Direct Debit to Bank Accounts)

Credit Card

1- Andhra Bank 1- American Express

2- Axis Bank 2- Diners Club Card

3- Bank of Bahrain & Kuwait 3- JCB Card

4- Bank of Baroda corporate accounts

4- Visa

5- Bank of Baroda retail accounts

6- Bank of India Debit Card

7- Bank of Maharashtra 1- Canara Bank Debit Card (ATM card)

8- Bank of Rajasthan 2- Citi Bank Debit Card (IPIN)

9- Citi Bank Account Online 3- Indian Overseas Bank Debit Card (ATM PIN)

10- City Union Bank 4- Punjab National Bank Debit Card (ATM PIN)

11- Corporation Bank 5- State Bank of India Debit Card (ATM PIN)

12- Deutsche Bank 6- Union Bank of India Debit Card (ATM PIN)

13- Federal Bank 7- Any Indian Bank Issued Visa Debit Card (Verified by VISA)

14- HDFC Bank

15- IDBI Bank

16- Indian Overseas Bank Cash card

17- IndusInd Bank 1- Done card

18- ING Vysya Bank 2- Itz card / noQ 24X7

19- Jammu & Kashmir Bank

20- Karnataka Bank Mobile payments

21- Karur Vysya Bank 1- state Bank of India/payment

22- Kotak Mahindra Bank

23- Laxmi Vilas Bank Net Banking

24- Oriental Bank of Commerce Cash card

25- Punjab National Bank Corporate Accounts

1- Done card

26- Punjab National Bank Retail Accounts

2- Itz card / noQ 24X7

27- Royal Bank of Scotland N.V.

28- South Indian Bank Mobile payments

29- Standard Chartered Bank 1- state Bank of India/payment

30- State Bank of India

31- State Bank of Mysore

32- State Bank of Travancore

33- Syndicate Bank

34- Tamilnad Mercantile Bank

35- Union Bank of India

36- Vijaya Bank

37- Yes Bank

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