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1 Employees’ State Insurance Corporation Model Hospital, Haryana (Ministry of Labour and Employment, Govt. of India) Sector-9A, Gurugram, Haryana- 122001 Tel/Fax: 0124-2255133 E-mail- ID- [email protected] Important Instructions for Bidders All bidders/ contractors are required to procure Class-IIIB Digital Signature Certificate (DSC) with Both DSC Components i.e. Signing & Encryption to participate in the E-Tenders. Bidder should get Registered at https://esictenders.eproc.in Bidders can contact our Helpdesk at https://esictenders.eproc.in/html/support.asp Bidder needs to submit Bid Processing Fee charges of Rs. 2495/- (non refundable) in the form of Demand Draft from any scheduled bank in favour of M/s. C1 India Pvt. Ltd., payable at New Delhi (or any other form as acceptable by C1 India Pvt. Ltd) for participating in the Tender. Along with Demand Draft, Bidder needs to send a covering Letter mentioning about the Payment Details, Company Name, Address, User ID and Payment towards ESIC Bid Processing Fees (Mention the Tender ID and Tender Title). The payment should be reach at the below mentioned address, at least one day before the due date and time of Bid Submission: Kind Atten: Mr. Mohit Chauhan C1 India Pvt. Ltd. 301, Gulf Petro Chem Building, 1 st Floor, Udhyog Vihar, Phase-2, Gurugram, Haryana- 122015 Note: - Bid Processing Fee will be Approved only after the receipt of payment.

Tel/Fax: 0124-2255133 E-mail- ID- ms-gurgaon.hr@esic

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Employees’ State Insurance Corporation Model Hospital, Haryana (Ministry of Labour and Employment, Govt. of India) Sector-9A, Gurugram, Haryana- 122001 Tel/Fax: 0124-2255133 E-mail- ID- [email protected]

Important Instructions for Bidders

All bidders/ contractors are required to procure Class-IIIB Digital Signature Certificate (DSC) with Both DSC Components i.e. Signing & Encryption to participate in the E-Tenders.

Bidder should get Registered at https://esictenders.eproc.in Bidders can contact our Helpdesk at https://esictenders.eproc.in/html/support.asp Bidder needs to submit Bid Processing Fee charges of Rs. 2495/- (non refundable) in the form of Demand Draft from any scheduled bank in favour of M/s. C1 India Pvt. Ltd., payable at New Delhi (or any other form as acceptable by C1 India Pvt. Ltd) for participating in the Tender. Along with Demand Draft, Bidder needs to send a covering Letter mentioning about the Payment Details, Company Name, Address, User ID and Payment towards ESIC Bid Processing Fees (Mention the Tender ID and Tender Title). The payment should be reach at the below mentioned address, at least one day before the due date and time of Bid Submission:

Kind Atten: Mr. Mohit Chauhan C1 India Pvt. Ltd. 301, Gulf Petro Chem Building, 1st Floor, Udhyog Vihar, Phase-2, Gurugram, Haryana- 122015

Note: - Bid Processing Fee will be Approved only after the receipt of payment.

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Employees’ State Insurance Corporation Model Hospital, Haryana (Ministry of Labour and Employment, Govt. of India) Sector-9A, Gurugram, Haryana- 122001 Tel/Fax: 0124-2255133 E-mail- ID- [email protected]

Tender No. 13(2) Z/16/12/2017/Dental Tender/Part-1 Dated: 03.10. 2017

Sub: Invitation for Tender of Denture, capping of Teeth/ Bridge Work/ Root Canal Treatment for the years 2018 &19 at ESIC Model Hospital, Sec-9A, Gurugram.

From: The Medical Superintendent, ESIC Hospital , Sector 9(A) Gurugram-122001.

To: ___________________________________

___________________________________

Sir/Madam,

Tenders are invited for the Denture, Capping of Teeth/ Bridge Work and Root Canal Treatment from the reputed Dental Clinics and established centers.

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INSTRUCTIONS

INSTRUCTIONS FOR E-TENDERING

a. The bid can be uploaded upto 2.00 PM on dated 24.10.2017 and any bid upload after the prescribed time shall not be considered irrespective of rates. The bid will be opened on the same dated i.e. 24.10.2017 at 2.30 PM.

b. The Bidder should carefully read, understand and seek clarifications if any before

uploading the bid. No claim whatsoever will be entertained for any alleged ignorance thereof.

1. PREPARATION OF TENDER:

The Tenderer shall give full assistance and information as may be required in connection with the contract to the Medical Superintendent or any other officer nominated by him to inspect the premises of tenderer at all reasonable times.

2. OPENING OF E- TENDER:

The tender shall be opened on the date and time mentioned here in the document.

1 Period for submission of e-Tender form From 03.10.2017 to 24.10.2017 upto 2.00 pm

2 Pre-Bid Meeting 16.10.2017 at 11.00 am 3 Last Date & Time of submission of e-tender 24.10.2017 upto 2.00 pm 4 Date & Time of Opening of e-Tender 24.10.2017 at 2.30 pm 5 Bid Security/ Earnest Money to be sent

through Post Rs. 3,00,000/-

6 Performance Security/ Security Deposit Money

Rs. 5,00,000/-

GENERAL TERMS AND CONDITIONS FOR TENDER

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Employees’ State Insurance Corporation Model Hospital Haryana (Ministry of Labour & Employment, Govt. of India) Sector-9A, Gurugram, Haryana- 122001 Tel/Fax: 0124-2255133 E-mail- ID- [email protected]

Tender for Denture & capping of teeth/Bridge work/Root Canal Treatment For The Years 2018 & 2019 for ESIC Model Hospital,Sec-9A, Gurugram

No:- 13(2)Z/16/12/2017/DentalTender/Part-1 Dated :-03/10/2017 Subject: Invitation for tender and Instructions to Tenderers.

Note: The envelope containing the tender as well as subsequent communications should be addressed and delivered to:

Medical Superintendent ESIC MODEL HOSPITAL

SECTOR 9 A GURUGRAM-122001.

All communications must be addressed to the officer named above by title only and not by Name.

From:

Medical Superintendent, ESIC Model Hospital, Sector 9 A Gurugram-122001.

To

M/s.

Dear Sir/Madam,

Tenders are invited for the Denture & capping of teeth/bridge work and root canal treatment as per the specifications detailed in schedule attached. The conditions of the contract which will govern any contract made are given here under and in the general conditions of the contract (Annexure – I) and special instructions (Annexure – II) attached to this tender invitation. If you are in a position to quote for work in accordance with the requirements stated in the attached schedule. Please submit your quotation to this office.

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2. SIGNING OF TENDER

Individuals signing tender or other documents connected with the contract should specify:-

I. Whether signing as a "Sole Proprietor" of the establishment or his attorney. II. Whether signing as a "Registered Active Partner" of the establishment or his attorney. III. Whether signing for the organization "Per Procurationem". IV. In the case of companies and firms registered under the Indian Partnership Act the capacity in which signing, e.g. Secretary, Manager, Partner etc. Or their attorney should produce copy of document, empowering him to do so, if called upon to do so. Note: In case of unregistered establishment all the members or all attorneys duly authorized by all of them or the Manager of the establishment should sign the tender and subsequent documents. 2. PERIOD FOR WHICH THE OFFER WILL REMAIN OPEN a) The quotation shall remain open for a period of 2 year from the date of opening of the tender. b) Quotations qualified by such vague and indefinite expression such as “subject to immediate acceptance”

subject to prior sale etc. will not be considered. 3. PRICES

I. The prices quoted must be net per unit shown in the schedule inclusive of all charges (wherever applies) Prices must be clearly shown both in figures and words in Indian Currency.

II. Rates quoted should be inclusive of VAT/sales tax/Service Tax/GST etc. and other duties. III. Successful tenderers shall not be entitled to any hike in price for any reason other then

statutory levies during the period of contract. IV. Quotations qualified by such vague and indefinite expression such as "subject to immediate

acceptance" etc. will not be considered. 4. SAMPLES:

Please see point no. 9 of Terms & conditions (Annexure-III) Samples (wherever required) of what you offer to supply should be sufficient for verification of quality of items . Each sample should have a card affixed to it with Samples submitted should bear the following information.

a) Your Name and address b) Tender Number c) Date of Opening of tender d) Item Number against which tendered. e) Any other description, if necessary, written in it. Samples received later prescribed time limit

will be ignored.

5. MS Gurugram, does not pledge himself to accept the lowest rate of any tender and reserves the right of accepting the whole or any part of the tender. Acceptance by the purchaser will be communicated by a letter of acceptance after completion of formalities required for the formal acceptance of tender & will be forwarded to tender as soon as possible and the instruction contained in the communication should be acted upon immediately.

Yours Faithfully, Medical Superintendent

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ANNEXURE-I

GENERAL CONDITION CONTRACT

1. DEFINITIONS:

In the interpretation of the contract and the general and /or special condition governing it, unless the context otherwise requires:-

A. The term ‘Contract shall mean the invitation to tender, the instructions to tenderer acceptance of the tender schedule, particulars” hereinafter defined and those general and special conditions that may be added.

B. The term "Service Provider" shall mean the person, firm or Company or organisation with whom the order for supply is placed and shall deem to include the Service Provider successor (approved by the purchaser) representatives, heirs, executors and administrators unless excluded by the contract.

C. ’Contract price' shall mean the sum accepted or the sum calculated in accordance with the prices accepted by or on behalf or of the purchaser.

D. The term "Corporation" shall mean the Employees" State Insurance Corporation. E. The term Medical Superintendent ESI shall mean the Medical Superintendent ESI and

any officer authorised for the time being in administration of ESI Corporation to execute contract relating to provide services regarding the Denture & capping of teeth/bridge work & RCT on behalf of the service purchaser.

F. The term “Purchaser" shall mean purchaser or purchasers named in the schedule to tender, his or their successors or assignees.

G. The term "Inspector" shall mean any person nominated by or on behalf of the purchaser to inspect the establishment set up, quality of services provided etc. under the contract or his duly authorised agent.

H. The term “Services” shall mean what the Service Provider agrees to supply under the contract specified in the acceptance of tender.

2. Purpose of the contract and parties to the contract: The parties to the contract which is for providing the services by the Service Provider to

the purchase on the conditions set forth in the contract, are the Service Provider and the purchaser named in the schedule to the tender.

3. Notice on behalf of the purchaser: Notice on behalf of the purchaser, in connection with the contract, may be given by any officer referred to in clause 1(e)) of Annexure-I dealing with the contract.

4. Authority of person signing document:

A person signing the tender Form or any documents forming part of the contract on behalf of another shall be deemed to warranty, that he has authority to bind such other and if, on enquiry, it appears that the person so, signing had no authority to do so, the Medical Superintendent, ESIC Hospital, Gurugram may without prejudice to other Civil and criminal remedies cancel contract and held the signatory liable for all cost and damages.

6. Responsibility for executing contract:- The service provider is to be entirely responsible for the execution of the contract in all respect in accordance with the terms and conditions as specified in the acceptance of tender and schedule annexed there-to. Any approval which the Inspector may have given in respect of the services, material or other particulars involved in the contract (whether with or without test carried out by the Service Provider or the Inspector) shall not bind the purchaser and not-with-standing any approval or acceptance given by the Inspector, it shall be lawful for the consignee if it is found that the services provided by the service provider are not in conformity with the terms and conditions of the contract in all respects.

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6. SUBLETTING OF CONTRACT:

The Service Provider shall not sublet, transfer or assign the contract or any part thereof. In the event of the Service Provider contravening this condition the Medical Superintendent Gurugram, will be entitled to place the contract elsewhere on the Service Providers account at his risk and the Service Provider shall be liable for any loss or damage that the Medical Superintendent Gurugram, may sustain in consequence of arising out of such replacing of the contract.

7. INSTRUCTION TO BIDDERS a. Establishment must quote rates for all procedures/services required as per specifications provided in tender document. Quoting for selective procedures/services will render the bidder ineligible for award of tender.

b. Establishment must agree to accept and abide by the terms & Conditions spelt out in the memorandum of agreement which should be read as part of bid document.

c. Establishment must certify that rate quoted by them is not higher than rates being charged from their general/Non ESIC patients for procedures/services given in tender.

8. ASSISTANCE TO SERVICE PROVIDER: The Service Provider shall not be entitled to assistance in any respect.

9. CONDITIONAL BIDS: Any conditional bid or a bid that is not in the prescribed performa will not be accepted.

10. Earnest Money and Its Refund:- - Earnest Money of Rs. 3,00,000/- (Three Lac only) must be deposited either through Banker’s

Cheque or D.D. in favour of “ESIC Fund Account No.2 payable at Gurugram. The tenderer shall sign a Pre-Receipt as per Annexure-D. The EMD deposited with earlier tenders will not be adjusted against this tender. Tenders without EMD will not be considered.

A. The tenderer shall have to deposit Earnest Money indicated in Schedule along withtheir tender, failing which the tender is liable to be rejected out rightly.

B. In case tender is rejected on technical grounds earnest money would be refunded in full at the earliest without interest subjective to amount credited in ESIC account. The tenderer shall sign a Pre-Receipt as per Annexure- D to facilitate it.

C. In case , the inspection report points out deficiencies and does not recommend empanelment, the deficiencies shall be communicated to the tenderer.

D. In case bidder refuses to sign the Memorandum of agreement 100% of the earnest money would be forfeited.

11. Opening of Technical Bid:

A. Technical bid will be opened on 24.10.2017 at 2.30 PM P.M. If 24.10.2017 is declared a holiday, tenders will be opened on the next working day at same time.

B. Bidders or their authorized agents can be present at the time of the opening of the tender. C. Establishment which do not fulfill the technical criteria as specified in the tender shall become

ineligible and the rates quoted by them in Commercial bid (price bid) shall not be considered.

12. PRELIMINARY EXAMINATION OF TECHNICAL BIDS -Tenderer will be out rightly rejected if any technical condition does not full fill. -Photocopy of necessary documents should be attached with Technical Bid. -Tenderer should submit all the hard copies of uploaded tender documents to ESIC Hospital in respective manner also.

13. APPROVED RATES: - As per latest Delhi CGHS rates and Terms & Condition -If rates are not available in CGHS List the lowest rates (L-1 for each procedure) quoted in the price

bid by eligible bidders will become the ESIC rate for that particular procedure & shall be intimated to technically approved tenderers by a letter of offer.

-In case, it appears to ESIC that the rate(s) quoted for a particular procedure(s) is/are unrealistically high and that the bidders have formed a cartel, ESIC will reject such offers & take

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appropriate action.

14. Acceptance of rates: All the eligible tenderers whose price bids have been opened shall have to furnish to ESIC within

10days of the notification of the approved rates a letter accepting the rates approved by ESIC and informed to successful tenderer by offer letter. If the letter of acceptance is not received within the stipulated period the names of such tenderer would be excluded from the list of centers under consideration for empanelment.

15. Offer of empanelment a) All establishment that submit the letter of acceptance of the rates to the ESIC would be got

inspected by the committee/Inspection team nominated by the Medical Superintendent Gurugram. b) The committee/inspection team will visit the establishment and submit its report to MS

Gurugram regarding its eligibility for empanelment under ESIC. c) In case, tenderer is recommended for empanelment, it shall be informed accordingly and asked to sign a memorandum of Agreement with Medical Superintendent, Gurugram.

16. Memorandum of Agreement

The organisation which is selected for empanelment will have to enter into an agreement with ESIC for providing services at the rates notified by Medical Superintendent Gurugram. The MOA has to be executed on the Rs. 100/- non judicial stamp paper cost which must be borne by the tenderer.

17. Duration The agreement shall remain in force for a period of Two years and may be extended for subsequent

period (if satisfactory services to our ESI beneficiaries) at the sole discretion of the Medical Superintendent, ESICH, Gurugram subject to fulfillment of all terms and conditions of this agreement and with mutual consent. Agreement to be signed on stamp paper of appropriate value before starting referring the patients. Cost of stamp paper and inclusive charges related to agreement shall be borne by the Empanelled centre. Agreement will be effective w.e.f. date of signing of the agreement.

18. Billing format and payment thereof

-The empanelled centre will send bills along with necessary supportive documents to the Medical Superintendent ESIC Model Hospital Gurugram as soon as bills are generated after the completion of procedure for further necessary action. Documents includes- -Covering letter signed by Concerned Authority with original referral slip (P-1 form/Referral form). - Annexure –‘C’ as per tender and other related referral documents. -Documents shall be submitted by empanelled centre alongwith original bills in duplicate in prescribed performa. The bills must be submitted electronically (UTIITSL) as well as hard copy to this office as per M/s UTIITSL norms. BILLING CRITERIA AS PER UTIITSL NORMS DECIDED BY ESIC HQRS. All Billing is to be done in electronic format and medical records need to be submitted in digital format to the Bill Clearing agency (UTIITSL) for necessary processing. In addition to this physical submission of hard copies will also have to be submitted at ESIC Hospital, Sector 9 (A), Gurugram. FEE FOR PROCESSING OF BILLS/CLAIMS Bill clearing Agency (BCA) would charge a processing fee @ 2% of claimed amount and service tax/GST thereon with a minimum of Rs. 12.50/- and maximum of Rs. 750/- per bill. ESIC HQRS. Reserves the right to revise these charges from time to time.”

19. Security Deposit-

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In case selected, successful tenderer shall have to furnish a performance security of Rs. 5,00, 000/- (Rs. Five Lac) in the form of Bank Gurantee (as per enclosed Performa, Annexure-F) valid for a period of 30 months to ensure efficient services and to safeguard any default which will be released after 6 months of Expiry of rate contract. a. If the service Provider is called upon by the Medical Superintendent Gurugram to deposit security

and the service provider fails to deposit the security within period. Specified, the offer will be invalid & EMD will be forfeited.

b. Security is required to protect the ESIC against the risk of the Service Provider’s conduct which would warrant the forfeiture of the security. Security of the Service Provider will be forfeited, if the Service Provider withdraws or amends without prior consent or impairs or derogates from the tender in any respect with the period validity of rate contract or if it comes to notice that information documents furnished is incorrect, false, misleading or forged without prejudice to other right of the purchaser. The security will also be forfeited without prejudice to other right of the purchaser if it fails to furnish the required performance with in the specified period (validity period).

20. FINANCIAL STATUS AND CREDITIBILITY Tenderer must have annual turnover of Rs. 30 Lacs or more each year. A copy of audited balance sheet, profit and loss accounts for the last Three Financial Years i.e. 2014-15,2015-16,2016-17 is to be attached (Main documents only summary sheet certified by Charted Accountant). 21. SPECIFICATIONS ETC.

I. Generally the service shall be of the best quality and comply with the contract and in all respects be to the satisfaction of the Hospital authorities.

II. In particular and without prejudice to the foregoing condition and in addition thereto when tender are called for accordance with “Particulars” the tenderer to supply in accordance with such “Particulars” shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claims on his part that which may arise on account of non examination or insufficient examination of the particulars wil in any circumstances be considered.

III. The Service provider shall provide the services in accordance with the particulars of (unless any deviation is authorized as an exceptional case and expressly specified.

IV. The services must be same quality as demanded in tender and as per the sample submitted, which the tenderer has agreed with the acceptable and tenderer has undertaken to supply.

22.INSPECTION AND REJECTION To reject services submitted as not being in accordance with the particulars. Medical

Superintendent or his representative may reject the whole services rendered for inspection if after inspection of such portion thereof as he may decide in his discretion, he is satisfied that the services is unsatisfactory.

If any services are rejected as aforesaid than without prejudice to the foregoing provisioner,

the Medical Superintendent shall be at liberty to :- I. Allow the Service Provider to resubmit services in replacement of those rejected

within time specified by Medical Superintendent or the replacement without being entitled to any extra payment; or

II. Terminate the contract and recover from the service provider the loss, Medical Superintendent thereby incurs.

23. Recovery of sums due:-

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Whenever any claim for the payment of a sum of money arises out or under this contract against the service provider the purchaser shall be entitled to recover such sum by appropriating, in part or whole the security deposited by the tenderer, if a security money is taken against the contract. In the event of the security money being insufficient, then the balance r the total sum to be recoverable, as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to tenderer under this or any other contract with the purchaser. Should this sum not be sufficient to cover the full amount recoverable, the service provider shall pay to the purchaser on demand the remaining balance due. Any dues or payments that have arisen to the corporation from the service provider for which no specific time limit has been laid down in the terms and conditions shall be payable by the service provider within such time limit as may be prescribed in the letter/order addressed to the service provider.

24. Insolvency and Breach of Contract: The Medical Superintendent may at any time by notice in writing summarily terminate the contract without compensation to the service provider in any of the following events, that is to say:- I. If the service provider being an individual or if firm, any partner in the Tenderer firm, shall at

any time be adjudge insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings for liquidation or composition under any insolvency Act for the time being in force or shall make any conveyance or assignment of this effect or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under Partnership Act, or

II. If the tenderer being a company shall pass a resolution or the courts shall make an order for the liquidation of the affairs or a receiver or Manager on behalf of the debenture holder shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or Manager, or

III. If the service providers commits any breach of this contract not herein specifically proved for in the tender document. Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also that the service provider shall be liable to pay the purchaser for any extra expenditure incurred thereby put to but shall not be entitled to any gain on repurchased.

25. PENALTY CLAUSE

(A) Patients can’t be denied treatment on the pretext of non availability of Instruments, Facilities, Materials etc failing which treatment may be arranged from other hospital and penalty OF RUPEES 5000 (Five Thousand only) will be IMPOSED for each default on Empanelled hospital against incoming/pending bills/ Security money, which will be effective after receiving the written complaint from ESIC beneficiaries/ Dental Surgeon of our Hospital.

(B) In case of premature termination of contract/ agreement by the empanelled centre, Penalty of Rs. Two Lacs will be imposed by Medical Superintendent ESICH, Gurugram. Affidavit of appropriate value for the same to be given at the time of agreement. If Hospital hesitates to deposit money the same will be deducted from security money/ incoming, pendings bills.

26. INDEMNITY

The establishment shall at all times, indemnify and keep indemnified ESIC against all actions, suits, claims and demands brought or made against in respect of anything done or purported to be done by the establishment in execution of or in connection with the services under this Agreement and against any loss or damage to ESIC in consequence to any action or suit being brought against the ESIC, along with (or otherwise), establishment as a party for anything done or purported to be done in the course of the execution of this Agreement. The establishment will at all times abide by the job

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safety measures and other statutory requirements prevalent in India and will keep free and indemnify the ESIC from all demands or responsibilities arising from accidents or loss of life, the cause or result of which is the Hospital negligence or misconduct. The establishment will pay all the indemnities arising from such incidents without any extra cost to ESIC and will not hold the ESIC responsible or obligated. ESIC may at its discretion and shall always entirely at the cost of the tie up establishment defends such suit, either jointly with the tie up Hospital or separately in case the latter chooses not to defend the case.

27. Arbitration:-

In the event of any question, dispute or difference arising under these conditions or any special conditions of contract, or in connection with this contract, except as to any matter the decision f which is specially provided for by these on the special conditions the same shall be referred to the sole arbitration of the Medical Superintendent, ESICMMH Gurugram or some other person appointed by him. It will be no objection that the arbitrator is a Government servant, that he had to deal with the matter to which the contract relates for that is the course of his duties as a Government Servant he had expressed views on all or any of the arbitration dispute or difference. The award of the arbitrator shall be final and binding on the parties to the contract.

It is a term of the contract:-

If the arbitrator be the M.S. ESIC Hospital Gurugram:

I. In the event of his being transferred or vacating his office by resignation or otherwise, it shall be lawful or his successor in-office either to proceed with the reference himself or to appoint another person as arbitrator: or

II. In the event of his becoming unable to act, for any reason it shall be lawful for Medical Superintendent.

III. If the arbitrator be a person appointed by the Medical Superintendent.

In the event of his dying, neglecting or refusing to act, being unable to act, for any reasons in shall be lawful for the Medical Superintendent either to proceed with the reference himself or to appoint another person as arbitrator in place of the outgoing arbitrator. It is further a term of this contract that no person other than the Director General, Employees” State Insurance Corporation or the person appointed by him should act as arbitrator and that, if for any reason that is not possible, the matter is not to be referred to arbitrator at all. Upon every and such reference, the assessment of the costs incidental to the reference and award respectively shall be in the discretion of the arbitrator. Subject as aforesaid the Arbitrator Act, 1940 and the rules there under and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitrator proceedings under this clause. 1. Work under the contract shall, if reasonable possible continue during the arbitration

proceeding and no payment due to payable by the purchaser shall be withheld on account of proceedings:- The venue of arbitration shall be ESIC Gurugram.

In this clause the expression” the Director General, Employees’ State Insurance

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Corporation means the Medical Superintendent ESI Scheme for the time being and includes, is there be no MS Gugugram, the officer who is for the time being the administrative head of the Employees State Insurance Corporation, whether in addition or otherwise.

For the purpose of the contract including arbitrator proceedings there under, the Medical Superintendent, ESI Hospital shall be entitled to exercise all the rights and Powers of the purchaser.

28. Fraud & Corruption The bidder, supplier, Service Provider and the consultants observe the highest standard of ethics during the procurement & execution of such contracts in pursuit of this:

A. Defines, for the purposes of this provision, the terms set forth below as follow:- I. “Corrupt Practice” means the offering, giving, receiving or soliciting directly or indirectly of anything of value to influence the action of public official in the procurement process or in contract execution. II. “Fraudulent Practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract. III. “Collusive Practice” means a scheme or arrangement between two or

more bidders, with or without the knowledge of the borrower, designed to establish bid prices at artificial, non competitive levels; and

IV. “Coercive Practices” means harming or threatening to harm, directly or indirectly, person or their property to influence their participation in the procurement process or affix to execution of a contract.

B. Will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive practices in competing for the contract in question.

29. INTERPRETATION OF THE CLAUSES IN THE BID DOCUMENT

In case any ambiguity in the interpretation of the clauses in bid document, interpretation of MS Gurugram of the clauses shall be final and binding on all.

30. RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BID Medical Superintendent reserves the right to accept or reject any bid and to annul the

bidding process and to reject all the bids at any time without thereby incurring any liability to the affected organisation/service provider or any obligation to inform the affected organisation/service provider/authorised representative of the grounds for his action.

31. Monitoring & Medical Audit:

ESIC reserves the right to inspect the establishment at any time to ascertain their compliance with the requirement of ESIC.

Bills of establishment shall be reviewed every half yearly for irregularities, including

declaration of procedures done etc. and if it is found any wrong doings, the concerned establishment would be removed from the panel and blacklisted for future empanelment for not less than three years. Security in the form of Bank guarantee will be forfeited.

32. EXIT FORM PANEL: For any reason if the establishment want to exit from panel and it may give three months notice

& in such case security money shall be forfeited. If the services of Service provider are not found satisfactory at any point of time during the contract period then notice will be given to the service provider for improvement of service/ rectification of defects. Service provider should respond within 07 days from the date of receipt of the notice for improving services. If the services are not improved to the satisfaction within 30 days from the date of receipt of the notice then the contract of the service provider is liable to be terminated with one month notice and security money/ Bank Guarantee shall be forfeited.

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ANNEXURE -II

SPECIAL INSTRUCTIONS

1. Tenderers are requested to submit their quotations on fixed price basis (wherever applies).

2. The tenderer shall, wherever, called upon to do so give full information with reference to the service providers regarding services applied for and shall also permit the Medical Superintendent or any other Officer nominated by him to inspect the premises of the tenderer at all reasonable times and shall give all assistance and information as may be required by him in connection with the contract. JURISDICTION All questions, disputes or difference arising under or out of or in connection with the contract, if included shall be settled by sole Arbitration of Medical Superintendent Employees State Insurance Scheme or a person appointed by him in this behalf. INSPECTION AUTHORITY The Medical Superintendent or the Officers nominated by him.

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ANNEXURE-III

ELEGIBILITY CRITERIA, ESSENTIAL QUALIFYING TERMS AND CONDITIONS FOR RATE CONTRACT FOR DENTURE AND CAPPING OF TEETH/BRIDGE WORK & RCT 2018 & 2019

1. Quotations are invited in two bid system {(a)Technical Bid and supportive Documents (b)Price bid comprising of prices of items quoted (wherever applies) on behalf of M.S. ESIC Hospital Gurugram for the formation of rate contract for the year (2018-2019) for denture and capping of teeth/ bridge work & RCT for beneficiaries of ESIC Model Hospital Gurugram.

A. Technical Bid- comprising of (I)Application form

ii. Tender document completely signed and stamped on each page, page numbering iii. Essential qualifying documents as per tender. iv. EMD in a separate envelop. v. List of item quoted without price as per Table-I

B. Price bid- comprising of prices of items quoted (wherever applies) as per Table-II (Note: All the above mentioned sealed envelopes of Technical Bid, EMD,Price Bid should be

kept in one sealed envelope which should be submitted at tender Box kept at MS room) 2. Specifications in respect of denture and capping of teeth/bridge work & RCT exists at

Annexure “A”. 3. Tender document can be downloaded from ESIC website www.esic.nic.in. 4. Tender should be dropped in Tender box kept in office of M.S. Gurugram by 02.00 pm upto

24.10.2017 and will be opened at 2.30 pm on the same day. If 24.10.2017 is declared a holiday tender will be opened on next working day at same time. Tender received late will not be considered.

5. The rate contract will be valid for 02 years from the date of finalization of the tender. The duration of said contract may be extended if MS desires so at the same terms & conditions.

6. The rates should be quoted in figures as well as in words (Wherever applies). In case of any discrepancy in words and figures, figures quoted in words will be final.

7. Terms and conditions are as follows:- 8. a. The dental establishment applied for services should be in existence & operational from

last three years or more. (Attach valid proof) b. The Dental clinic must have three full time Dental Surgeons having valid registration with

dental council of India/ State council. They should have at least five years of experience after acquiring degree. (Attached valid proof)

c. Three functional Dental chairs or more. d. Establishment must have an annual turnover of Rupees Thirty Lacs or more each year. A

copy of audited balance sheet, profit and loss account for the last three financial year i.e. 2014-15, 2015-16, 2016-17 is to be attached (Main documents only) summary sheet (Certified by C.A.).

e. The establishment must have the capacity to submit all claims/ bills in electronic format to the bill clearing agency (UTIITSL) and must also have dedicated equipments, software and connectivity for such electronic submission.

f. Copy of NABH accreditation in case of NABH accredited establishment if applicable. g. Copy of NABH/QCI application in case of non NABH accredited establishment if applicable. h. Copy of compliance with statutory requirements that of waste management. i. Copy of Fire clearance certificate/ NOC issued by Government authority/ Municipal authority

for the establishment or details of Fire Safety Mechanism as in place. j. Copy of AERB approval/ application/ certification of registration for radiation safety and

protection from Dental imaging facility. k. Any complaint regarding Crown and Bridge, RCT must be rendered by empanelled clinic free

of cost for 3 years. Any change with respect to facilities as well as in Dental Surgeon should be intimated within one month.

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l. Clinic should be located in Gurugram m. In case of any RCT failure (incomplete obturation, short or over obturation, perfortion etc

which is causing problem to the patient and its treatment like Re-RCT,Replacement of teeth by fixed prosthesis after extraction or any other procedure is to be borne by the empanelled centre without raising the additional bill for procedures of RCT failure cases.

n. Any sort of negative counseling to the patients regarding the procedures what to be done & what not to be done & complaints in this regard will tend to termination of Contract.

o. Two or more chair side assistants. p. List of visiting specialist (s)/consultants (optional) q. A well equipped certified Dental lab having:- I. Qualified and experienced Dental Mechanic/ Ceramist holding Diploma with atleast five years

of experience. II. A qualified professional (Prosthodontist) to supervise the Lab. Work. III. Facility for complete porcelain acrylic work etc. IV. LAB INFRASTRUCTURE IN CLINIC : 1. Porcelain furnace 2. Casting machine 3. Burn out furnace 4. Dewaxing unit 5. Acrylizer 6. Heavy duty micromotor 7. Sandblaster 8. Lathe 9. Polishing & finishing equipment etc. r. INFRASTRUCTURE FOR CLINIC:-

1. Air conditioned work area 2. Toilet facility 3. Waiting area 4. Parking facility 5. Alternate power supply 6. Adequate Patient protection facility. 7. Adequate Clinic infection control facility. 8. Added information if any(total area etc.)

s. Furnish details regarding ownership/rented premises etc. t. The establishment should furnish state registration certificate that it is fulfilling the conditions

laid down in Clinic/commercial/ medical establishment act of the state government if applicable.

9. Sample of the quoted items must be submitted by the eligible tenderer as and when informed by ESIC Hospital within ten days from the date of issue of the letter for evaluation.

10. Facility of the clinic with certified Lab. who have applied will be inspected by a committee duly constituted by competent authority.

11. The Tenderer will honour the reference slip issued by the MS office of the concerned hospital. 12. Payment terms- all bills will be submitted electronically as per UTIITSL terms and condition

and as per ESIC Headquarter instruction. As per point no. 18 (annexure –I). 13. All the papers in tender form must be completely signed & numbered alongwith terms and

conditions. 14. Government levies if any, may be mentioned separately. 15. Specifications for denture and capping of teeth/ bridge work & RCT exist in annexure “A”. 16. Undertaking on Rupees 100/- stamp paper as per annexure-B. 17. Arrangement for handling sudden emergency or other complications has to be managed by

the service provider 18. The responsibility of managing allergic reactions/ complication arising out of and during the

patient treatment exclusively lies with the service provider. The cost of management of

16

such complication shall be born by the service provider without any liability, responsibility of the ESIC Hospital.

19. Medico legal Liability arising out of and during the course of treatment at the dental establishment shall be the sole responsibility of the service provider. The service provider shall keep the ESIC duly indemnified against any medico legal case.

20. All the disputes relating to the tender inquiry and rate contract shall be subject to territorial jurisdiction of courts at Gurugram only.

21. Medical Superintendent ESIC Model Hospital Gurugram or a person or a team of persons nominated by him reserves the right to inspect the facility at any point of time during the entire period of the rate contract.

22. ESIC Model Hospital Gurugram has the right to accept or reject any or all the tenders without assigning any reason/ reasons thereof and have the right to place order on one or more firms.

Note: - IF ANY OF THE DOCUMENT MENTIONED ABOVE WHICH IS REQUIRED IF IT IS NOT ATTACHED by the tenderer IN TECHNICAL BID THE TENDER SHALL BE SUMMARILY REJECTED.

Medical Superintendent

17

APPLICATION DOCUMENT

1. Name of the Establishment

2. Address of the Establishment

3. Telephone/Fax/ Email

Telephone No.

Fax No.

e-mail address

Name and contract details of Authorized persons

4. Whether NABH accredited

5. Whether NABH applied for

6. Whether QCI recommended/applied for

7. Details of Accreditation and Validity Period _________

8. Details of QCI/ NABH application _________

9. Name of the Bankers & Account No.(ECS transfer details)

_______________________________________________________________

10. Pan no. / Tan no. of the Firm/ Proprietor _______________________________________________________________

11. Details of the Draft of the EMD of Rupees Three Lac

Name & Address of the Bank D.D. No. Date of Issue

Yes No

Yes No

Yes No

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12. Annual turnover during the last 03 financial years 2014-15 _____________________________________________ 2015-16 _____________________________________________ 2016-17 _____________________________________________

13. Dental Clinic establishment, Infrastructure and Technical Specifications

A. Date of Establishment _________________________

B. No. of Dental Chairs

C. No. Of Full time Dental Surgeon

D. Recognized with other scheme

If yes,Name ________________________

E. Alternate Power Supply F. Compliance with Statutory requirements

that of waste Management

G. Dental xray machine

H. AERB approval/ application/ certification of Registration for Radiation Safety & Protection

from Dental Imaging Facility

I. Well equipped certified Dental Lab.

J. No. of Full Time Dental Mechanic/Ceramist

K. Registered with Clinic/Commercial/Medical establishment act of the state If any,

L. Fire clearance certificate issued by Govt. Authority/ Municipal Authority Or fire Safety Mechanism as in place

(Name & Signature of the applicant/Authorized Person/Proprietor)

Note: TECHNICAL evaluation of the centres shall be based on information provided by the Tenderer on the above mentioned points and the Tenderer will have to mandatory provide documentary proof for the same. No future correspondence in this regard shall be entertained in this regard. A dully constituted committee will visit the centre for inspection who will qualify technical bid.

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

19

ANNEXURE – A

Specifications for Denture & capping of teeth/Bridgework/RCT 2018 & 19

SPECIFICATIONS OF THE DENTURE (2018-2019) TO BE PROVIDED

i) Complete denture ii) Partial Denture

The denture material should consist of heat cure High Impact Resin fibre of modified veined type acrylic material which gives the tinge of the underlying and adjacent mucosa.

There should be no porosity present in the denture and in proper occlusion.

Teeth should be of standard quality. It should be of good quality resin and teeth should be available in all sizes,shapes and shades with proper anatomical contouring.

SPECIFICATION OF CAPPING OF TEETH/BRIDGE WORK(2018 & 2019)

1. The need for the crown/bridge to be discerned solely by the referring Dentist.

2. Cutting, preparation, fixing, post operative care of crown and bridge work will be

performed by the empanelled centre.

3. The Impression material for the crown/bridge will be preferably rubber base material and cast should be poured in Dye stone in case of FPD.

4. Crowns to be madeup of procelain/Metal as need to be and by the advice and

consent of the referring Dentist.

5. In case of Porcelain – VITA porcelain shades to be used.

Specification for Complete Root Canal Treatment (RCT)

1. The need for the RCT or any other treatment is to be discerned by referring dentist.

2. Root Canal Treatment will involve removal of Caries part, Access opening, Extirpation of pulp, Cleaning of Canal (Biomechanical Preparation), Good Canal Obturation with hermatic seal in the apex in consecutive (Multiple) sittings [ as per the requirement of case] which is to be followed by permanent filling and two IOPAR

a. Root Canal Treatment (RCT)

-Anterior teeth -Posterior teeth

b. Filling: - Should be of permanent filling material after RCT. c. IOPAR (Dental X-ray):- Two in number.(One during the procedure and one final IOPAR

which is to be submitted while raising bill.)

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Table –I

TECHNICAL BID Sr. No. Procedure Quoted (Y/N) 1 For Removable denture

i. Complete denture

ii. Partial denture

For based upto three teeth

For additional teeth

2. For capping of teeth/Bridge work

i. Porcelain cap/ Bridge work

ii. Metal cap/Bridge work

3. Root Canal Treatment

Anterior Teeth

Posterior Teeth

4. Permanent Filling after RCT: Amalgam/GIC etc.

5. IOPAR/Dental Xray

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Table II

Price Bid Sr. No. Procedure Price per unit in

Figure Price per unit in word

1 For Removable denture

i. Complete denture

ii. Partial denture

For based upto three teeth

For additional teeth

2. For capping of teeth/Bridge work

i. Porcelain cap/ Bridge work

ii. Metal cap/Bridge work

3. Root Canal Treatment

Anterior Teeth

Posterior Teeth

4. Permanent Filling: Amalgam/GIC etc. after RCT

5. IOPAR/Dental Xray

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ANNEXURE –B

(One Rupees 100/- Stamp paper)

UNDERTAKING

I/We-------------------(name of proprietor) have carefully gone through and understood the contents of

the Document form and I/We undertake to abide myself/ourselves by all the terms and conditions set forth.

I/We are legally bound to provide services to ESIC Beneficiaries as per rates/terms and conditions of

Tender documents failing which Medical Superintendent ESICMH, Gurugram is liable to take action as

deemed fit. I/We undertake to provide uninterrupted services or alternative arrangement will be made at the

risk of our institute. We undertake that the information submitted along with documents and annexures are

correct and I/We also fully understand that in case of default security money will be forfeited. Date: Signature Place: Name (With seal/rubber stamp)

23

ANNEXURE-“C”

DENTAL TREATMENT PERFORMA

NAME OF IP/IW ____________________________________________________

NAME OF PATIENT ___________________________RELATION ______________________________

INSURANCE NO. _____________________________ DISPENSARY ___________________________

DATE OF REFERRAL

S.

No.

Date of visit of the Patient Signature of

Beneficiary

Signature of

treating Doctor

Procedure/Treatment

1

2

3

4

5 Date of Completion of Procedure_____________________________________________________________ I HERE BY CERTIFY THAT THE ABOVE MENTIONED WORK HAS BEEN COMPLETED AS PER PRESCRIPTION FROM ESIC HOSPITAL___________________ON DATED_______________ IN CASE OF ANY COMPLAINT IN ABOVE PROCEDURE/ PROSTHESIS SERVICES WILL BE RENDERED BY ME FREE OF COST FOR A PERIOD OF THREE YEAR FROM THE DATE OF COMPLETION OF PROCEDURE/ PROSTHESIS. SIGNATURE OF TREATING DENTIST

WITH STAMP

MY TREATMENT OF DENTURE/CAPPING/RCT HAS BEEN COMPLETED.

(SIGNATURE OF INSURED PERSON)

24

ANNEXURE–D

PRE-RECEIPT

Received Rs. 3,00,000/- (Three Lac Only) towards refund of earnest money vide ch.

No._________________________dated ________________ in respect of tender for Denture and

Capping of Teeth/Bridge work/RCT published in _________________newspaper ______________.

(Signature of the Bidder with stamp)

Revenue Stamp

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Annexure-IV (On letter head of the tenderer)

Date Certificate of Undertaking

1. It is certified that the particulars regarding physical facilities of clinic & lab and experience of staff/speciality are correct.

2. That the terms and conditions of the tender are acceptable in complete. 3. That the organization is not black listed in any government organisation/ institution, 4. That the rates quoted for procedures for capping of teeth /bridge work and dentures are not being

charged to any other organization at a rate lower than being quoted here 5. That i will atttend to the complaint regarding dentures supplied and capping of teeth/bridge work/rct

done by me to the patients satifactorily free of cost for at least three years after delivering the dentures and procedure done for capping of teeth/bridge work/rct to the patient.

6. In case of any RCT failure (incomplete obturation, short or over obturation, perforation etc which is causing problem to the patient)and its treatment like Re-RCT, replacement of teeth by fixed prosthesis after extraction or any other procedure is to be borne by the me without raising the additional bill for procedures of RCT failure cases.

7. The rates have been provided against a facility/procedure actually available in organization. 8. That the billing will be done as per changing requirement of ESIC. 9. That establishment will pay damage to the beneficiaries of ESIC if any injury, loss of part or any

damage occurs due to gross negligence. 10. That the centre has not been derecognized by ESIC or any state government or other organization,

after being empanelled. 11. THAT the establishment is fulfilling the conditions laid down in Clinic/commercial/medical

establishment act of the state Govt if applicable. 12. That if information is found to be untrue, establishment will be liable for de-recognition by ESIC. The

institution will be liable to pay compensation for any financial loss caused to ESIC or physical and or mental injuries caused to its beneficiaries.

13. It is solemnly stated that on date or during the currency of the tender/agreement the same/ similar services will not be offered to any other party at a lesser rate.

(Signature of the Bidder with stamp)

26

ANNEXURE- “E” MANDATE FORM

BENEFICARY’S/ CUSTOMERS OPTION TO RECEIVE PAYMENT THROUGH E-PAYMENT

1. BENEFICIARY NAME 2. BENEFICARY ADDRESS 3. BENEFICIARY ACCOUNT NO. 4. ACCOUNT TYPE (S.B. ACCOUNT/CURRENT ACCOUNT

FOR CASH CREDIT) WITH CODE 5. 9 DIGIT CODE NUMBER OF THE BANK & BRANCH

APPEARING ON THE MICR CHEQUE ISSUED BY BANK 6. BANK NAME 7. BRANCH NAME

ADDRESS TELEPHONE NO.

8. IFSCE (INDIAN FINANCIAL SERVICE CODE) 9. PHOTOCOPY OF CANCELLED CHEQUE TO CONFIRM

CORRECTNESS OF IFSC CODE AND ACCOUNT NO. I, HEREBY, DECLARE THAT THE PARTICULARS GIVEN ABOVE ARE CORRECT AND COMPLETE. IF THE TRANSACTION IS DELAYED OR NOT EFFECTED AT ALL FOR REASON OF INCOMPLETE OR INCORRECT INFORMATION GIVEN BY ME AS ABOVE, I WOULD NOT HOLD THE USER INSTITUTION RESPONSIBLE. DATED ( )

SIGNATURE OF THE BENEFICIARY/CUSTOMER

CERTIFIED THAT THE PARTICULARES FURNISHED ABOVE ARE CORRECT AS PER OUR RECORDS. (_____________________________) SIGNATURE OF THE AUTHORISED/OFFICIAL

27

ANNEXURE”F”

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY (At the time of award of tender)

To M.S.ESIC Model Hospital Gurugram WHEREAS_____________________________________________________ (Name and address of the service provider)(Hereinafter called the tenderer)has undertaken, in pursuance of contract No.________________Dated_____________to supply Dental Services (Capping, Denture, RCT)(herein after called “The contract”). AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you with a bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as security for compliance with obligations in accordance with the contract; AND WHEREAS we have agreed to give the supplier such a bank guarantee; NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the supplier, up to a total of___________________(Amount Of guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the supplier to be in default under control and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. We hereby waive the necessity of your demanding the said amount from the supplier before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between you and the supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid up to 30(Thirty) months from the date of notification of award i.e. up to _____________________(indicate date).

……………………………………………………………………………………………

(Signature with date of the authorised officer of the bank)

………………………………………………………………………………… (Name & designation of officer)

(Seal, name & address of the bank and address of the branch)

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ANNEXURE-G Documents to be submitted along with application (wherever applicable) 1. EMD 2. Undertaking on letterhead duly signed and stamped with date as per annexure-IV 3. Undertaking on Rs. 100/- stamp paper as per annexure-B. 4. Copy of Partnership deed/memorandum and Article of association if any. 5. Copy of existing list of rates of the establishment for these (as asked in tender) services

and procedures for general patients. 6. Copy of audited balance sheet, profit and loss accounts for the last three financial years i.e. 2014-15,

2015-16 & 2016-17 (Main documents only summary sheet- certified by C.A.) 7. Copy of Pan Card. 8. Copy of NABH accreditation in case NABH accredited organization if any. 9. Copy of NABH/QCI Application in case of non NABH accredited organization if any. 10. Copy of state registration certificate laid down in clinic/ commercial/ Medical establishment act of the

State Govt if applicable. 11. Copy of Compliance with statutory requirement that of waste management. 12. Copy of Fire clearance certificate/NOC issued by Govt. Authority/ Municipal authority for the

establishment or details of fire safety mechanism as in place. 13. Copy of AERB approval/application/ certification of registration for radiation safety and protection

from dental imaging facility. 14. Name and address of the Bankers 15. Hard copies of all electronically submitted documents should also be submitted in ESIC Model

Hospital Gurugram. (SIGNAUTRE OF APPLICANT OR AUTHORIZED AGENT)