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F.No. 133/A/46/12/1/2016/Tender/Gen.Branch/II Date: 06/11/2018

Sub: Invitation for E-Tender of Denture, capping of Teeth/ Bridge Work/ Root Canal Treatment for the years 2018 -2020 at ESIC Hospital, Plot No. 41, Sec-03, Manesar.

From: The Medical Superintendent, ESIC Hospital, Plot No. 41, Sector-03, Manesar, Haryana- 122050.

To:__________________________________________________

__________________________________________________

Sir/Madam,

E-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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Employees' State Insurance Corporation Model Hospital, Haryana(Ministry of Labour and Employment, Govt. of India)Plot No 41, Sector-03, IMT Manesar, Haryana- 122050

Tel / Fa x: 0124-4152502 [email protected]

GENERAL TERMS AND CONDITIONS FOR E-TENDER

1 Period for submission of e-Tender fromFrom 06/11/18 to 27/11/18 up to 02.:00 Pm

2 Pre-Bid Meeting 15/11/18 at 11:00 Am

3 Last Date & Time of Submission of e-tender27/11/18 up to 02:00 Pm

4 Date & Time of Opening of e-Tender27/11/18 at 02:30 Pm

5 Bid Security/Earnest Money to be sent through Post Rs. 3,00,000/- (Rupees Three Lakhs Only)

6 Performance Security/ Security Deposit Money Rs. 6,00,000/- (Rupees Six Lakhs Only)

INSTR UCTIONS

INSTRUCTIONS FOR E-TENDERING~

a. The bid can be uploaded up to 2.00 PM on dated 27/11/18 The bid will be opened on-line on the same date i.e. 27/11/18 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. PREPA R A TI ON OF E-T E N DER:

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. OPE N ING O F E- TE NDE R :

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

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Important Instructions for Bidders regarding Online Payment

All bidders/contractors are required to procure Class-III B 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 should add the below mentioned sites under Internet Explorer → Tools →Internet Options → Security → Trusted Sites → Sites of Internet Explorer :

https://esictenders.eproc.inhttps://www.tpsl-india.inhttps://www4.ipg-online.com

Also, Bidders need to select “Use TLS 1.1 and Use TLS 1.2” under Internet Explore → Tools → Internet Options → Advanced Tab → Security.

Bidder needs to submit Bid Processing Fee charges of Rs. 2495/- (non-refundable) in favour of M/s. C1 India Pvt. Ltd., payable at New Delhi via Online Payment Modes such as Debit Card, Credit Card or Net Banking for participating in the Tender.

Bidders can contact our Helpdesk at https://esictenders.eproc.in/html/support.asp

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https://esictenders.eproc.in/html/support.asp

https://www4.ipg-online.com/

https://www.tpsl-india.in/

https://esictenders.eproc.in/


E-Tender for Denture & capping of teeth/Bridge work/Root Canal Treatment For The Periods 2018 - 2020 for ESIC Hospital, Sec-03, Manesar, Haryana.

Subject: Invitation for tender and Instructions to Tenderers,

Note: The envelope containing EMD should be addressed and delivered to:

Medical Superintendent ESIC Hospital Plot No. 41, Sector-03, IMT Manesar, Haryana-122050

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

From:Medical SuperintendentESIC Hospital, Plot No. 41,Sector-03, IMT Manesar, Haryana-122050.

ToM/s. ____________________________________________

_____________________________________________

____________________________________________

Dear Sir/Madam,

E-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 state in the attached schedule. Please submit your quotation to this office.

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1. SIGNING OF E-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.

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 after prescribed time limit will be ignored.

. 5. MS Manesar, 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 truly,

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Medical Superintendent

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, Manesar may without prejudice to other Civil and criminal remedies cancel contract and held the signatory liable for all cost and damages.

5. 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

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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.

6. SUBLETIING 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 Manesar 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 Manesar, 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.d. E-Tender inviting authority will not be held responsible for any sort of delay or the difficulties faced during the submission of bid online by bidder due to local issues.e. Only Document submitted online will be considered for evaluation. 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 Lakhs only) must be deposited through Banker's Cheque or D.D. in favour of "ESIC Fund Account No.2 payable at Manesar. The tenderer shall sign a Pre-Receipt as per Annexure-D. The EMD deposited with earlier tender 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 witht heir 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 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 27/11/18 at 2.30 PM If 27/11/18 is declared a holiday, tenders will be opened on the next working day at the 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 mandatory documents should be uploaded with Technical Bid online. -The committee/inspection team will visit the establishment and submit its report to MS Manesar regarding its

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eligibility for empanelment under ESIC.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 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. Memorandum of Agreement The organization which is selected for empanelment will have to enter into an agreement with ESIC

for providing services at the rates notified by Medical Superintendent Manesar. The MOA has to be executed on the Rs. 100/- non judicial stamp paper cost which must be borne by the tenderer.

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

(if satisfactory service to our ESI beneficiaries) at the sole discretion of the Medical Superintendent, ESIC Hospital, Manesar 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. The agreement for services can be terminated at any point of time without citing any reason by Medical Superintendent, EISC Hospital, Manesar (HR) with 01 Month notice.

17. Billing format and payment thereof

-The empanelled centre will send bills along with necessary supportive documents to the Medical Superintendent ESIC Hospital Manesar 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-03, Manesar.

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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 0 Rs. 750/- per bill. ESIC HQRS. Reserves the right to revise these charges from time to time."

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18. Security Deposit-In case selected, successful tenderer shall have to furnish a performance security of Rs. 6,00, 000/- (Rs. Six 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 Manesar 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).

19. 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. 2015-16,2016-17 and 2017-18 is to be uploaded (Main documents only summary sheet certified by Charted Accountant).

20. 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 in 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 will 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.

21. 1NSPECTION 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

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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.

22. Recovery of sums due:-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.

23. 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.

24. 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

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be imposed by Medical Superintendent ESICH, Manesar. 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.

25. 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 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.

26. 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, ESICH Manesar 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 Manesar:

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

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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 Manesar.

In this clause the expression" the Director General, Employees' State Insurance

Corporation means the Medical Superintendent ESI Scheme for the time being and includes, is there be no MS Manesar, 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.

27. 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.

28. INTERPRETATION OF THE CLAUSES IN THE BID DOCUMENT In case any ambiguity in the interpretation of the clauses in bid document, interpretation

of MS Manesar of the clauses shall be final and binding on all.

29. 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 organization /service provider or any obligation to inform the affected organization / service provider /authorised representative of the grounds for his action.

30. 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.

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31. EXIT FROM 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 refunded after 02 Months of completion of Agreement period. 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.

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 ESIC Hospital, Manesar, Haryana 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 ELIGIBILITY 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 Manesar for the formation of rate contract for the year (2018-2020) for denture and capping of teeth/ bridge work & RCT for beneficiaries of ESIC Hospital Manesar.

A. Technical Bid- comprising of (I) Application form (Must be uploaded.)ii. Tender document completely signed and stamped on each page, page numbering must be uploaded online.iii. Mandatory qualifying documents as per ANNEXURE –G must be uploaded online.iv. EMD in a separate envelop should be submitted on or before 27/11/2018 in hard copy at ESIC Hospital, Manesar, Haryana.v. List of item quoted without price as per Table-I (Should be uploaded online).

B. Price bid- comprising of prices of items quoted (wherever applies) as per Table-II (Should be uploaded online). 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. EMD to be dropped in the EMD box kept in the office of M.S. Manesar by 02.00 pm up to 27/11/2018 and will be opened at 2.30 pm on the same day. If 27/11/18 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 for one year if service are found satisfactory 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, rates quoted in words will be final.

Terms and conditions are as follows:-

7. a. The dental establishment applied for services should be in existence & operational from last three years or more. Attach copy of audited balance sheet, profit and loss accounts for the last three financial years i.e. 2015-16 , 2016-17 and 2017-18 with turnover of 30 Lacs or more. (Main documents only summary sheet-certificate by C.A.). 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. (Upload valid proof) c. Three functional Dental chairs or more. d. The Dental Establishment must have an annual turnover of Rupees Thirty Lakhs or more each year . A copy of audited balance sheet, profit and loss account for the last three financial year i.e. 2015-16 , 2016-17 and 2017-18 is to be attached (Main documents only) summary sheet (Certified by C.A.).

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e. The Dental 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.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 and details of Fire Safety Mechanism as in place. j. Copy of AERB approval and 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 2 years. Any change with respect to facilities as well as in Dental Surgeon should be intimated within 01 month. In case of any default, vendor shall be blacklisted to provide services in ESIC Institutions. l. Clinic should be located in District of Gurugram, Haryana.

m. 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 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. Tenderer should have its own well-equipped Dental Lab in Gurugram District, (Upload Ownership Documents) I. Qualified and experienced Dental Mechanic/ Ceramist holding Diploma with at least five years of experience

(Upload Documents). II. A qualified professional (Prosthodontist) to supervise the Lab Work. III. Facility for complete porcelain acrylic work etc. IV. LAB INFRASTRUCTURE REQUIRED: 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 CLlNIC:- 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 Dental 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.

15

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 the bills will be submitted electronically as per UTIITSL terms and condition

and as per ESIC Headquarter instruction. As per point no. 18 (annexure -I). Government levies if any, may be mentioned separately.

13. Specifications for denture and capping of teeth/ bridge work & RCT exist in annexure "A”. 14. Undertaking on Rupees 100/- stamp paper as per annexure-B. 15. Arrangement for handling sudden emergency or other complications has to be managed by

the service provider 16. 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 such complicationshall be born by the service provider without any liability, responsibility of the ESIC Hospital.

17. Medico legal Liability arising out of and during the course of treatment at the dental establishment shall be the sale responsibility of the service provide r. The service provider shall keep the ESIC duly indemnified against any medico legal case. 18. All the disputes relating to the tender inquiry and rate contract shall be subject to territorial jurisdiction of courts at Gurugram only.

19. Medical Superintendent ESIC Model Hospital Manesar 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.

20. ESIC Hospital Manesar 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 IN ANNEXURE G WHICH IS REQUIRED IF IT IS NOT UPLOADED by the tenderer IN TECHNICAL BID THE TENDER SHALL BE SUMMARILY REJECTED.

Medical Superintendent

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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)

17

Yes No

Yes No

Yes No

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

12. Annual turnover during the last 03 financial years2015-16 ______________________________________________________________________

2016-17 ______________________________________________________________________

2017-18 ______________________________________________________________________

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 and 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 whichever applicable,

18

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes

No

L. Fire clearance certificate issued by Govt. Authority/ Municipal Authority and details of 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.

ANNEXURE - A

Specifications for Denture & capping of teeth/Bridgework/RCT

SPECIFICATIONS OF THE DENTURE 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

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 low fusing porcelain fused to metal/ 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

19

Yes No

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 lOPAR which is to be

submitted while raising bill.)

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. Procelain 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 X-ray

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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. Pratial denture

For based upto three teeth

For additional teeth

2. For capping of teeth/Bridge work

i. Procelain 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 X-ray

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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 l/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 ESIC Hospital, Manesar

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)

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ANNEXURE-"C"

DENTAL TREATMENT PERFORMA

_________________________________________________________

NAME OF IP / IW __________________________________________________________________________

NAME OF PATIENT ________________________________ RELATION ___________________________

INSURANCE No. ____________________________________ DISPENSARY _________________________

DATE OF REFERRAL

S. Date of visit of the Patient Signature of Signature of Procedure / Treatment

No. Beneficiary treating Doctor

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 PROCEDUREI PROSTHESIS SERVICES WILL BE RENDERED BY ME FREE OF COST FOR A PERIOD OF THREE YEAR FROM THE DATE OF COMPLETION OF PROCEDUREI PROSTHESIS.

SIGNATURE OF TREATING DENTIST WITH STAMP

23

MY TREATMENT OF DENTURE/CAPPING/RCT HAS BEEN COMPLETED. (SIGNATURE OF INSURED PERSON)

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)

24

RevenueStamp

Annexure-IV

On 100 Rs, Stamp Paper Date ___________

Certificate of Undertaking

1. It is certified that the particulars regarding physical facilities of clinic & lab and experience of staff/ specialty 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 attend to the complaint regarding dentures supplied and capping of teeth/bridge work/rct

done by me to the patients satisfactorily free of cost for at least two 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)

25

ANNEXURE- "E" MANDATE FORM

BENEFICARY'SI 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

26

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

To M.S.ESIC Hospital Manesar

WHEREAS _____________________________________________________________ (Name and address of the service provider) (Here in after 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 specif ied 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 authorized officer of the bank)

----------------------------------------------------------

----------------------------------------------------------

(Name & designation of officer)

27

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

ANNEXURE-G

Documents to be uploaded online along with application

Mandatory

1. Complete Tender document to be signed and stamped on each page (Page 01 to 36)2. Undertaking on Rs. 100/- Stamp Paper duly signed and stamped with date as' per annexure-IV 3. Undertaking on Rs. 100/- stamp paper as per annexure-B. 4. Copy of existing list of rates of the establishment for these (as asked in tender) services

and procedures for general patients. 5. Copy of audited balance sheet, profit and loss accounts for the last three financial years i.e. 2015-16, 2016-17and

2017-18 Showing annual turnover of Rupees thirty lakh or more (Main documents only summary sheet- certified by C.A.)

6. Copy of Pan Card.7. Copy of NABH accreditation in case NABH accredited organization or NABH/QCI Application in case of non

NABH accredited organization. 8. Copy of state registration certificate under clinic/ Commercial / Medical establishment act of the

State, whichever applicable.9. Copy of Compliance with statutory requirement that of waste management. 10. Copy of Fire clearance certificate/NOC issued by Govt. Authority/ Municipal authority for the

establishment and details of fire safety mechanism as in place. 11. Copy of AERB approval and certification of registration for radiation safety and protection from dental

imaging facility. 12. Name and address of the Bankers13. Experience certificate and Registration with DCI of 03 full time Dental Surgeon.14. Experience Certificate of Dental Mechanic/Ceramist..15. Integrity Pact as per Annexure-X.16. Proof of ownership/Certificate regarding Lab and Clinic infrastructure (on letter head as per details on

Clause q of Annexure 3.

Non-Mandatory

1. Copy of Partnership deed/memorandum and Article of association if any. 2. Copy of any other relevant certificate mentioned in tender document if applicable.

(SIGNAUTRE OF APPLICANT OR AUTHORIZED AGENT)

28

FORMAT-X

(INTEGRITY PACT DOCUMENT)

(To be executed on plain paper and signed by the bidders as 2nd part before

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

opening of bids)

PRE-CONTRACT I NTEGR ITY PACT

Gen er al

1. This pre-bid contract agreement (hereinafter called the Integrity Pact) is made on

…………………………… the day of the month of ………………………… year

…………………………. between on one hand of ESIC under the administrative control of

Ministry of Labour and Employment, Govt. of India acting through

………………………………………… (hereinafter called the “ ” which expression 'shall

mean and include, unless the context otherwise requires his successors in office and assigns) of the

First Part and M/s……………………………………………………………………………………

represented by, …………....................................…………………………......................... Chief

Executive Officer (hereinafter called the "BIDDER/ SELLER" which expression shall mean and

include, unless the context otherwise requires his successors in office and assigns) of the Second

Part.

WHEREAS the BUYER proposes to procure ……………………………. Services and the Bidder/

Seller is willing to offer/ has offered the stores/ services.

2. Whereas the Bidder is a private company/ public company/ partnership/ registered export

agency, constituted in accordance with the relevant law in the matter and the Buyer is a Ministry

of the Government of India performing its functions on behalf of the

…………………………. of India.

29

Object i ves

3. Now, therefore, the Buyer and the Bidder agree to enter into this pre-contract agreement, herein

after referred to as Integrity Pact, to avoid all forms of corruption by following a system that is

fair, transparent and free from any Influence/ unprejudiced dealings prior to, during and subsequent

to the cur-rency of the contract to be entered into with a view to:-

3.1 Enabling the Buyer 10 obtain the desired said stores/ services at a competitive price in

conformity with the defined specifications of the Services by avoiding the high cost and the

distortionary impact of corruption on public procurement, and

3.2 Enabling bidders to abstain from bribing or any corrupt practice in order to secure the

contract by providing assurance to them that their competitors will also refrain from bribing

and other corrupt practices and the Buyer will commit to prevent corruption, in any form, by

their officials by following transparent procedures.

Commitments of the Buyer

4. The Buyer Commits itself to the following:

4.1 The Buyer undertakes that no official of the Buyer, connected directly or indirectly

with the contract, will demand, take a promise for or accept, directly or through

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

immaterial benefit or any other advantage from the Bidder, either for themselves or for

any person, organization or third party related to the contract in exchange for an

advantage in the bidding process, bid evaluation, contracting or implementation process

related to the Contract.

4.2 The Buyer will, during the pre-contract stage, treat all Bidders alike, and will provide

to all Bidders the same information and will not provide any such information to any

30

particular Bidder which could afford an advantage to that particular Bidder in comparison

to other Bidders.

4.3 All the officials of the Buyer will report to the appropriate Government office any

attempted or completed breaches of the above commitments as well as any substantial

suspicion of such a breach.

5. In case of any such preceding misconduct on the part of such official(s) is reported by

the Bidder to the Buyer with full and verifiable facts and the same is prima facie found to

be correct by the Buyer, necessary disciplinary proceedings, or any other action as

deemed fit, including criminal proceedings may be initiated by the Buyer and such a

person shall be debarred from further dealings related to the contract process. In such a

case while an enquiry is being conducted by the Buyer the proceedings under the contract

would not be stalled.

Commitments of Bidders

6. The Bidder commits himself to take all measures necessary to prevent corrupt

practices, unfair means and illegal activities during any stage of his bid or during any pre-

contract or post-contract stage in order to secure the contract or in furtherance to secure it

and in particular commits himself to the following:-

6.1 The Bidder wili not offer. directly or through intermediaries, any bribe, gift,

consideration, reward, favour, any material or immaterial benefit or other advantage,

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

directly or indirectly with the bidding process, or to any person, organization or third

party related to the contract in exchange for any advantage in the bidding, evaluation,

contracting and implementation of the Contract.

6.2 The Bidder further undertakes that he has not given, offered or promised to give,

directly or indirectly any bribe, gift, consideration, reward, favour, any material or

immaterial benefit or other advantage, commission, fees, brokerage or inducement to any

31

official of the Buyer or otherwise in procuring the Contract or forbearing to do or

having done any act in relation to the obtaining or execution of the Contract-or any other

Contract with the Government for showing or for-bearing to show favour or disfavour to

any person in relation to the Contract or any other Contract with the Government.

6.3 The Bidder wilt not collude with other parties interested in the contract to impair the

transparency, fairness and progress of the bidding process, bid evaluation, contracting and

implementation of the contract.

6.4 The Bidder will not accept any advantage in exchange for any corrupt practice, unfair

means and illegal activities.

6.5 The Bidder further confirms and declares to the Buyer that the Bidder is the original

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

hasnot engaged any individual or firm or company whether Indian or foreign to intercede,

facilitate or in any way to recommend to the Buyer or any of its functionaries, whether

officially or unofficially to the award of the contract to the Bidder, nor has any amount

been paid, promised or intended to be paid to any such individual, firm or company in

respect of any such intercession, facilitation or recommendation.

6.6 The Bidder, either while presenting the bid Of during pre-contract negotiations or before

signing the contract, shall disclose any payments he has made, is committed to or intends to

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

intermediaries in connection with the contract and the details of services agreed upon for

such payments.

6.7 The Bidder shall not use improperly, for purposes of competition or personal gain, or

pass on to others, any information provided by the Buyer as part of the business

relationship, regarding plans, technical proposals and business details, including

information contained in any electronic data carrier. The Bidder also undertakes to exercise

due and adequate care lest any such information is divulged.

32

6.8 The Bidder commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts.

6.9 The Bidder shall not instigate or cause to instigate any third person

to commit any of the actions mentioned above.

7. Previous Transgression

7.1 The Bidder declares that no previous transgression occurred in the last three years

immediately before signing of this Integrity Pact, with any other company in any country

in respect of any corrupt practices envisaged hereunder or with any Public Sector

Enterprise in India or any Government Department in India, that could justify bidder's

exclusion from the tender process.

7.2 If the Bidder makes incorrect statement on this subject, Bidder can be disqualified

from the tender process or the contract. if already awarded, can be terminated for such

reason.

8. Earnest Money / Security Deposit

8.1 Every bidder, while submitting commercial bid, shall deposit an amount* as specified in the tender document as Earnest Money/ Security Deposit, with the buyer through any of the following instruments:-

(i) Bank Draft or a Pay Order in favour of "ESIC Account No-2 Manesar, Gurgaon, Haryana.

(ii) A confirmed guarantee by an Indian Nationalized Bank, promising payment of the guaranteed sum to the ……………………………………………………… ESIC, on demand within three working days without any demur whatsoever and with-out seeking any reasons whatsoever. The demand for payment by the Buyer shall be treated as conclusive proof for payment.

(iii) Any other mode or through any other instrument, as stated in tender document.

33

8.2 The Earnest Money / Security Deposit shall be valid till the complete conclusion of contractual obligations to complete satisfaction of both the bidder and the buyer, whichever is later.

8.3 In the case of successful bidder a clause would also be incorporated in the Article pertaining to Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the Buyer to forfeit the same without assigning any reason for imposing sanction for violation of this pact.

8.4 The provisions regarding Sanctions for Violation in Integrity Pact include forfeiture of Performance Bond in case of a decision by the Buyer to forfeit the same without assigning any reason for imposing sanction for violation of Integrity Pact.

8.5 No interest shall be payable by the Buyer to the Bidder(s) on Earnest Money / Security Deposit for the period of its currency.

9. Company Code of Conduct

9.1 Bidders are also advised to have a company code of conduct (clearly rejecting the use of bribes and other unethical behaviour) and a compliance program for the implementation of the code of conduct throughout the company.

10 Sanctions for Violation 10.1 Any breach of the aforesaid provisions by the Bidder or any one employed by him or acting on his behalf (whether with or without the knowledge of the Bidder) or the commission of any offence by the Bidder or any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal code, 1860 or the Prevention of Corruption Act 1988 or any other act enacted for the prevention of corruption shall entitle the Buyer to take all or anyone of the following actions, wherever required:-

(i) To immediately call off the pre-contract negotiations without as signing any reason or giving any compensation to the Bidder.· However, the proceeding with the other Bidder(s) would continue.

(ii) The Earnest Money / Security Deposit / Performance Bond shall stand forfeited either fully or partially, as decided by the Buyer and the Buyer shall not be required to assign any reason therefore.

(iii) To immediately cancel the contract, if already Signed, without giving any compensation to the Bidder.

(iv) To recover all sums already paid by the Buyer and in cased of an Indian Bidder with

34

interest with thereon at 2% higher than the prevailing Prime Lending Rate, while in case of a Bidder from a country other than Indian with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the Buyer from the Bidder in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest.

(v) To en cash the advance bank guarantee and performance boned / warranty bond, if furnished by the Bidder, in order to recover the payments, already made by the Buyer, along with interest.

(vi) To cancel all or any other Contracts with the Bidder.

(vii) To debar the Bidder from entering into any bid from the Government of India for a minimum period of five years, which may be further extended at the discretion of the Buyer.

(viii) To recover all sums paid in violation of this Pact by Bidder(s) to any middleman or agent or broker with a view to securing the contract.

(ix) If the Bidder or any employee of the Bidder or any person acting on behalf of the Bidder, either directly or indirectly, is closely related to any of the officers of the Buyer, or alternatively, if any close relative of an officer of the Buyer has financial interest / stake in the Bidder's firm, the same shall be disclosed by the Bidder at the time of filing of tender. Any failure to disclose the interest involved shall entitle the Buyer to rescind the contract without payment of any compensation to the Bid- der.

The term ‘close relative’ for this purpose would mean spouse whether residing with the Government servant or not, but not include a spouse separated from the Government servant by a decree or order of a competent court; son Of daughter or step son or step daughter and wholly dependent upon Government servant. but does not include a child or step child who is no longer in any way dependent .upon the Government servant or of whose custody the Government servant has been deprived of by or under any law; any other person related, whether by blood or marriage, to the Government servant or to the Government servant's wife or husband and wholly dependent upon Government servant.

(x) The Bidder shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the Buyer, and if he does so, the Buyer shall be entitled forthwith to rescind the contract and all other contracts with the Bid- der. The Bidder shall be liable to pay compensation for any loss or damage to the Buyer resulting from such rescission and the Buyer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder.

(xi) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Buyer with the Bidder, the same shall not be opened.

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10.2 The decision of the Buyer to the effect that a breach of the provisions of this Integrity Pact has been committed by the Bidder shall be final and binding on the Bidder, however, the Bidder can approach the monitor(s) appointed for the purposes of this Pact.

11. Fall Clause

11.1 The Bidder undertakes that he has not supplied / is not supplying the 'similar items / services at a price lower than that offered in the present bid in respect of any other Ministry / Department of the Government of India / institution and if it is found at any stage that the item service was supplied by the Bidder to any other Ministry / Department of the Government of India / institution at a lower price, then that very price will be applicable to the present case and the difference in the cost would be refunded by the Bidder to the Buyer, if the contract has already been concluded.

13. Examination of Books of Accounts

In case of any allegation of violation of any provisions of this Integrity Pact or payment of commission, the Buyer or its agencies shall be entitled to examine the Books of Accounts of the Bidder and the Bidder shall provide necessary information of the relevant financial documents in English and shall extend all possible help for the purpose of such examination.

14. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the Buyer i.e. Manesar, Haryana as decided by the BUYER.

15 Other Legal Action

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil criminal proceedings.

16. Validity

16.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the Buyer and the Bidder / Seller, whichever is later.

16.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

17. Both the. parties signing this integrity pact shall be abided by the provisions of this pact and will follow the guidelines of Independent External Monitors or any other monitoring committee nominated by the competent authority for the purpose at any stage.

18. The Parties hereby sign this Integrity Pact on ……… / ……. / …………………. .

M/s ESIC Hospital Manesar, Haryana BIDDER (2nd part)

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Witness Witness

1. --------------------------------------- 1. -------------------------------------------

2. --------------------------------------- 2. -------------------------------------------

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