Hydr Desi Sewer M7L7
Hydr Desi Sewer M7L7
Hydr Desi Sewer M7L7
GOVERNMENT OF HARYANA
DEPARTMENT OF MEDICAL
EDUCATION & RESEARCH
2017
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CONTENTS
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Government of Haryana
Department of Medical Education & Research,
Panchkula
Notice inviting Request for Proposal (RFP)
Department of Medical Education & Research, Government of Haryana, invites proposals from
eligible Central Public Sector Enterprises/undertakings for providing consultancy services for
the Project, ‘Establishment of University of Health Sciences, Karnal at Kutail, Haryana’
on Turnkey Basis as specified in Request for Proposal (from Concept To Commissioning)
through E-tendering on web-portal https://haryanaeprocurement.gov.in.
Sr. Description of work/Item EMD to be Tender Start Date & Expiry Date Expiry date Time
No. deposited by Document Time of Bid & Time of & Time of Limit
Bidder (Rs.) Fee & Preparation Bid EMD
eService Fee & Preparation Submission
(Rs.) Submission &
Submission
1. For Providing Consultancy Rs. 50 Lacs Rs. 50,000 11.12.2017 10.01.2018 12.01.2018 36
Services for Preparation of for tender Months
Master Plan, Concept Study processing from upto upto
and Planning, Detailed fee, Rs. 11.00 A.M 05.00 P.M. 05.00 P.M.
Architectural Planning, 5,000/- for onwards
Drawings, Structural Tender
Design and Detailed Document
Engineering, Detailed Fee & Rs.
Project Report, Engaging 1,000/- for
Contractors for execution, E-Service
Supervision, Project Fee
Management Consultancy
Services for the Project
‘Establishment of
University of Health
Sciences, Karnal at Kutail’
on Turnkey Basis as
specified in Request for
Proposal (from Concept To
Commissioning)
2. Eligibility Criteria:
a) (i) The CPSE/CPSU can submit a proposal, if it is a sole Central Public Sector Undertaking
(CPSU)/Enterprises (CPSE) having experience and capability in the health sector for
undertaking comprehensive projects involving designing, detailed planning, Engineering,
construction of University of Health Sciences/Medical College & Hospital etc. and
commissioning.
b) The agency, as sole entity, must:
i) Have an established and demonstrable track record of rendering all of the following
services: architectural concept/design for Medical College/Hospital, project
management in construction and procurement services for medical equipment, for a
project comparable to that envisaged in the RFP; and
ii) Have an experience in designing, executing and commissioning one integrated Super-
speciality/ multi-specialty Hospital Project of minimum 500-beds capacity or more, and
one medical college for minimum 150 under graduate (MBBS seats) with a Project
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Cost of Rs. 300 Crore or more, commissioned in last 10 years from concept to
commissioning including in house Detailed Project Report, Project Management
Consultancy. Projects of value less than the specified value will not be considered. The
satisfactory performance certificate should be certified by an officer not below the rank
of Executive Engineer/Director of Institute or equivalent of the Government.
iii) Have experience and capacity to engage and co-ordinate a multi-disciplinary team of
experts for designing, executing, equipping and commissioning modern infrastructure
projects; and
iv) Should possess and can display capacity for transfer of knowledge/skills for capacity
development in best practices and imparting training in operating the services under the
project and maintenance of the project after its completion.
c) Other conditions:
i.Construction will be done as per CPWD norms.
ii.Details of the project will be finalized in the DPR after discussion.
iii.Project will be implemented as per norms of MCI/DCI/INC and other regulatory
bodies.
The Complete document of RFP can also be downloaded from the site
www.dmerharyana.org
3.(i) Bidding Documents can be downloaded online from the Portal
haryanaeprocurement.gov.in by the agencies registered on the Portal.
(ii). Pre-proposal meeting will be held on 27.12.2017 at 11.00 A.M. in the office of the
Director Medical Education and Research, Haryana, Panchkula to clarify the issues and
to answer questions on any matter that may be raised at that stage.
(iii) The Agencies must submit their tender document (Online) as per the dates mentioned in
the key dates below :-
Key Dates
Event Particulars
Date of publication of Notice Inviting Proposal 11.12.2017
Last date and time for submission of Bid/ 10.01.2018 upto 1700 hrs
Proposal
Date & Time of Opening of Technical 13.01.2018 at 1500 hrs
Proposal
Date for opening of Financial Proposal Will be intimated
Place of Submission of Bid/ proposal Office of Director, Medical Education &
Research, Haryana, Panchkula.
Place of opening of Proposal Office of Director, Medical Education &
Research, Haryana, Panchkula.
Contact Person DMER
Contact Phone Number & Email 0172-2560799, 0172-2584533
dgmer.haryana@gmail.com
0172-
Note: Technical Bids and Financial Bids are to be submitted mandatorily online and
shall not be accepted in any physical form.
4) Under this process, the online tender including the Technical Bid and the online Financial
Bid shall be invited in a single stage under two covers i.e. Technical Bid & Financial Bid.
Eligibility and qualification of the Agency will be first examined based on the details submitted
online under first cover (Technical Bid) with respect to eligibility and qualification criteria
prescribed in this document. The Financial Bid under the second cover of only those Applicants
whose Technical Bid applications are responsive to eligibility and qualifications requirements
set out as per this tender document shall be opened.
5) Intending Agencies will be mandatorily required to sign-up and create an online user
account on the website https://haryanaeprocurement.gov.in to be eligible to participate in the e-
Tender.
6) Interested Agencies must submit their bids online complete in all respects on or before
10.01.2018 by 3:00 P.M. As the bids are to be submitted online and are required to be
encrypted and digitally signed, the Agencies are advised to obtain Digital Signature Certificate
(DSC) at the earliest. Possession of DSC and registration on the portal is a prerequisite for e-
tendering. No bid shall be entertained after the due date and time under any circumstance
whatsoever.
7) Interested Agencies shall have to pay e-Service fee (under document fee – Nonrefundable)
of Rs.1000/- (Rupee One Thousand Only) online using the service of the secure electronic
gateway. The secure electronic payments gateway is an online interface between Agencies &
online payment authorization networks. The Agencies shall make the payment for e-Service fee
online directly through Debit Card or Internet Banking.
8) Interested Agencies will have to submit processing fee of Rs. 50,000/- (Rupees Fifty
Thousand only) (Non-refundable) and tender document fee of Rs.5,000/- (Rupees Five
Thousand only) (Non-refundable) through NEFT/RTGS before the due date and time. Details
of payment would also have to be provided online along with the bid submission. If the Agency
fails to submit the processing fee and tender document fees before due date and time, then the
bid offer will not be considered and will be treated as cancelled without any intimation.
9) Earnest Money should be deposited as prescribed in clause-6 of bid document. The
agency may deposit the EMD of the said amount online through NEFT/RTGS before the due
date and time. Details of payment would also have to be provided online along with the bid
submission. If the Agency fails to submit the EMD before due date and time, then the bid offer
will not be considered and will be treated as cancelled without any intimation. The details of
the EMD, Tender document Fee & tender processing fee are required to be filled/ provided at
the time of online Bid Preparation (Hash Submission) Stage; the Bidders are required to keep
the EMD, Tender document fee & tender processing fee details ready beforehand. The Bid
Security (BS) envelop for the work has to reach in the office of Director Medical Education
and Research, Haryana, SCO-7, Sector-16, Panchkula on or before 12.01.2018 upto 17:00
Hrs IST.
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10) Interested Agencies must remit the funds at least T+1 working day (Transaction day +
One working Day) in advance i.e. on or before date mentioned in table of section-1; and make
payment via RTGS /NEFT or OTC to the beneficiary account number specified under the
online generated challan. The interested Agency thereafter will be able to successfully verify
their payment online, and submit their bids on or before the expiry date & time of the tender at
https://haryanaeprocurement.gov.in.
1) 11) Interested Agencies have to complete ‘Application/Bid Preparation & Submission’ stage
on scheduled time as mentioned above. If any Agency fails to complete the aforesaid stage in
the stipulated online time schedule for this stage, their bid application/bid status will be
considered as ‘Application/Bid not submitted’.
2) 12) Interested Agencies must confirm & check their bid application/bid status after
completion of their all activities for e-bidding.
3) 13) In the first instance, the online payment details of e-Service, Earnest Money Deposit &
PQQ/Technical Bid Envelope shall be opened. The Financial Bid quoted by the shortlisted
agencies shall be opened online in the presence of such agencies who choose to be present
either in present themselves or through their representatives. The Agency must submit their
bids online as per the dates mentioned in the Key Dates above.
4) 14) The bids shall be submitted online in two separate envelopes:
Envelope 1- Technical Bid: The Agency shall upload the required eligibility & technical
documents online in the Technical Bid.
Envelope 2-Financial Bid: The Agency shall quote the prices in price bid format under
Financial Bid.
15) DMER reserves the right to amend or withdraw any of the terms & conditions contained
in the Tender Document or to reject any or all bids without giving any notice or without
assigning any reason thereof. The decision of the DMER in this regard shall be final and
binding on all the Agency Agencies.
16) The bids will be opened in the presence of the prospective parties on 13.01.2018 at 11:00
A.M. in the office of Director Medical Education & Research Haryana, SCO No.7, Sector
16, Panchkula.
17) For any query in relation to this tender the agencies may contact 0172-2560799, 0172-
2584533.
18) For further details and e-tendering schedule, visit website www.dmerharyana.org.
Director,
Medical Education & Research Haryana
SCO No.7, Sector 16, Panchkula
Phone No. 0172-2560799
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Section 1
Conditions of e-tendering
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considered equivalent to lawful authorization to that user. The Agency has to
authorize a specific individual through an authorization certificate signed by the
competent authority to use the Digital Signature Certificate as per the Information
Technology Act, 2000. Unless the Digital Signature Certificate is revoked, it will be
assumed to represent adequate authority of the user to bid on behalf of the Agency
as per Information Technology Act, 2000. The use of Digital Signature Certificate
by the authorized user shall be binding on the Agency.
g) In case of any change in the authorization under the foregoing paragraph, it shall
be the responsibility of the Agency to inform the certifying authority about the
change and to obtain the Digital Signature Certificate of the new person/user on
behalf of the firm / company. The procedure for application of a Digital Signature
Certificate will remain the same for the new user.
1.3 Pre-requisites for online bidding: In order to operate on the electronic tender
management system, a user’s machine is required to be set up. A help file on system
setup/pre-requisites can be obtained from Nextenders (India) Pvt. Ltd. or downloaded from
the home page of the website- https://haryanaeprocurement.gov.in.. The link for
downloading required java applet & DC setup are also available on the Home page of the e-
tendering portal.
1.4 Online Viewing of Detailed Notice Inviting Proposals: Agencies can view the detailed
Notice Inviting Tender and the time schedule (Key Dates) for the tenders floated through
the e-Procurement system on the Home Page at https://haryanaeprocurement.gov.in.
1.5 Download of Tender Documents: The tender documents can be downloaded free of
cost from the e-Procurement portal https://haryanaeprocurement.gov.in.
1.6 Key Dates: Agencies are advised to strictly follow dates and times as indicated in the
online Notice Inviting Tender. The date and time shall be binding on all Agencies. All
online activities are time tracked and the system enforces time locks that ensure that no
activity or transaction can take place outside the start and end dates and the time of the stage
as defined in the online Notice Inviting Proposal.
1.7 Online Payment of e-Service fee, Processing Fee, Bid Preparation & Submission
(Technical & Financial Bid):
a) Online Payment of e-Service fee & Processing Fee: The online payment for e-Service
Fee & Processing Fee can be done using the secure electronic payment gateway. The
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payment for e-Service Fee shall be made by the Agency online directly through Debit
Card or Internet Banking Accounts. The Payment for Processing Fee shall be made
online directly through RTGS/NEFT/IMPS/OTC or any other acceptable online payment
mechanism. The secure electronic payments gateway is an online interface between The
Agency and online payment authorization networks.
b) Preparation and submission of online Bids: Detailed Tender documents may be
downloaded from the e-procurement portal: https://haryanaeprocurement.gov.inand bid
has to be mandatorily submitted online. Scanned copies of Documents to be
submitted/uploaded for Technical Bid under online PQQ/Technical Envelope and e-
service fee/tender document fee/EMD shall be scanned in different file formats (PDF
/JPEG/MS WORD format such that file size does not exceed more than 10 MB) and
uploaded during the online submission of PQQ or Technical Envelope. Financial Bid
shall be also being submitted mandatorily online under Commercial Envelope and
original need not to be submitted manually.
c) Assistance to Agencies: In case of any query regarding process of e-tender and for
training purpose, the Agency can also avail of the following facilities and can contact
the service provider as provided below:
Office timings of Help-Desk support/ Technical Support Assistance for the e-
Procurement Portal of Government of Haryana will be available over telephone
Monday to Friday (9:00 am. to 5:30 pm) & training workshop will be conducted on
every 1st and 2 nd Friday (3:30 pm to 6:00pm) and 4th Saturday (11:30 am to 3:00pm)
of each month. All queries would require to be registered at the official email of the
service provider i.e. chandigarh@nextenders.com for on-time support. Only
queries which are sent through email along with appropriate screenshots or error
description will be considered as registered with the Help-desk.
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1.9 Training Workshop will be held at the following locations:
a) Nextenders (India) Pvt. Ltd., Nirman Sadan (PWD B&R), PlotNo.-01,Basement,
Dakshin Marg,Sector33A, Chandigarh. Support No.: 1800-180-2097, 0172-282008.
1.10 Agencies participating in the online tenders shall check the validity of the Digital Signature
Certificate before participating in the online tender at the portal
https://haryanaeprocurement.gov.in.
1.11 Guideline for Online Payments in e-tendering: Post registration, the Agency shall
proceed for bidding by using both his Digital Signature Certificates (one each for encryption
and signing). The Agency shall proceed to select the tender he is interested in for bidding.
On the respective page in the e-tendering portal, the Agency would have following options
to make payment for e-Service fee and Processing Fee:
A. Debit Card
B. Net Banking
C. RTGS/NEFT.
1.12 The following shall be operative Procedures for each of the online payment methods:
a) Debit Card: The procedure for paying through Debit Card will be as follows:
i The Agency selects Debit Card option in e-Procurement portal.
ii The e-Procurement portal displays the amount and the card charges to be paid by
The Agency. The portal also displays the total amount to be paid by the Agency.
iii The Agency clicks on “Continue” button.
iv The e-Procurement portal takes the Agency to Debit Card payment gateway screen.
v The Agency enters card credentials and confirms payment
vi The payment gateway verifies the credentials and confirms with “successful” or
“failure” message, which is confirmed back to e-Procurement portal.
vii The page is automatically routed back to e-Procurement portal
viii The status of the payment is displayed as “successful” in e-Procurement portal. The
e-Procurement portal also generates a receipt for all successful transactions. The
Agency can take a print out of the same,
ix The e-Procurement portal allows The Agency to process another payment attempt in
case payments are not successful for previous attempt.
b) Net Banking: The procedure for paying through Net Banking will be as follows:
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i The Agency selects Net Banking option in e-Procurement portal.
ii The e-Procurement portal displays the amount to be paid by The Agency.
iii The Agency clicks on “Continue” button
iv The e-Procurement portal takes the Agency to Net Banking payment gateway screen
displaying list of Banks
v The Agency chooses his/her Bank
vi The Net Banking gateway redirects The Agency to the Net Banking page of the
selected Bank
vii The Agency enters his account credentials and confirms payment
viii The Bank verifies the credentials and confirms with “successful” or “failure”
message to the Net Banking gateway which is confirmed back to e-Procurement
portal.
ix The page is automatically routed back to e-Procurement portal
x The status of the payment is displayed as “successful” in e-Procurement portal.
xi The e-Procurement portal also generates a receipt for all successful transactions. The
Agency can take a print out of the same.
xii The e-Procurement portal allows The Agency to process another payment attempt in
case payments are not successful for previous attempt.
c) RTGS/NEFT: The Agency shall have the option to make the PROCESSING FEE
payment via RTGS/NEFT. Using this module, The Agency would be able to pay from
their existing Bank account through RTGS/NEFT. This would offer a wide reach for
more than 90,000 bank branches and would enable the Agency to make the payment
from almost any bank branch across India.
i The Agency shall log into the client e-procurement portal using user id and
password as per existing process and selects the RTGS/NEFT payment option.
ii Upon doing so, the e-procurement portal shall generate a pre-filled challan. The
challan will have all the details that is required by the Agency to make RTGS-NEFT
payment.
iii Each challan shall therefore include the following details that will be pre-populated:
Beneficiary account no: (unique alphanumeric code for e-tendering)
Beneficiary IFSC Code
Amount
Beneficiary bank branch
Beneficiary Name
iv The Agency shall be required to take a print of this challan and make the
RTGS/NEFT on the basis of the details printed on the challan.
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v The Agency would remit the funds at least T+1 day (Transaction + One day) in
advance to the last day and make the payment via RTGS/NEFT to the beneficiary
account number as mentioned in the challan.
vi Post making the payment, the Agency would login to the e-tendering portal and go
to the payment page. On clicking the RTGS/NEFT mode of payment, there would
be a link for real time validation. On clicking the same, system would do auto
validation of the payment made.
d) Over-the-Counter (OTC): This mechanism shall allow the Agency having account with
ICICI Bank, to make the payment from any CMS-enabled branch of ICICI Bank in India.
Agencies can make the payment via cash (if amount is less than or equal to Rupees
49,999 ), Demand Draft or ICICI Bank Cheque . The procedure for paying through OTC
mode is as follows:
1.15 Certain Do’s and Don’ts for Agencies for various scenarios is given below:
iii. It is advised that all the Agencies make payment via RTGS/NEFT at least one day
before the last day of tender submission as certain amount of time is required for
settlement and various parties are involved. The payment may not be available for the
Agency validation. In such cases The Agency, may not be able to submit the tender.
iv. The Agency has to make only single payment against a challan as per the amount
mentioned on the challan.
v. The Agency must make the payment before tender validity expires.
Incorrect IFSC code mentioned:- Transaction would be rejected and the amount
would be refunded back in to the Agencies account.
Incorrect Beneficiary account number mentioned (<client
code> + <random number>):- In case, the beneficiary account number mentioned
is incorrect the transaction would be rejected and the bid would not be accepted.
Incorrect Amount mentioned: The amount would be rejected if the amount
mentioned in while making the payment is incorrect. Such cases will be captured
as un-reconciled transactions and will be auto-refunded directly to The Agency’s
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account. In the event of any discrepancy, payment would not be considered and
The Agency would not be allowed to participate in the bidding.
ii. The Agency is not supposed to use challan generated in one tender for payment
against another tender since details in the challan are unique to the tender and The
Agency combination.
iii. The Agency must not make multiple or split payments against a particular challan.
Any split payment received against the same challan will be refunded to the Agency.
iv. The Agency would not be entitled to claim that he is deprived of participating in the
tender because his funds are blocked on account of incorrect payment made.
iv. The Agency needs to mandatorily upload the scanned copy of the payment receipt
issued by ICICI Bank, in Nextender Portal before submitting the Tender.
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Section 2
Instructions to Agencies (ITA)
Part I
1. Definitions
a) “Assignment / job” means the work to be performed by the Agency pursuant to the
Agreement/Contract.
b) “Agency” means any eligible entity as per RFP which submits a Proposal,
individually and which upon selection, would provide Services to the Employer
under the Contract.
c) “Agreement/Contract” means the contract signed by and between Employer and
the Agency including all its attached documents, Annexures hereto, technical and
financial proposal submitted by Agency, downloaded RFP and any amendments
made thereto in accordance with the provisions contained in this agreement
d) “Bid”/“Proposal” shall mean the signed technical and financial offer submitted by
the Bidder/Agency considered together in response to the RFP.
e) “CPWD” means Central Public Works Department, Government of India.
f) “Day” means calendar day.
g) “Employer” means the Director, Medical Education & Research, Government of
Haryana.
h) “Evaluation Committee (EC)” shall mean the committee constituted by the
Government of Haryana for the evaluation of the bids/proposals.
i) “Government” means the Government of Haryana.
j) “Letter of Award (LOA)” shall mean the letter issued by the Employer to the
successful bidder/Agency inviting him to sign the Contract Agreement.
k) “MCI” means Medical Council of India.
l) “Personnel” means professionals and support staff provided by the Agency or by
any sub-agency and assigned to perform the Services/Assignment Job or any part
thereof.
m) “Project” shall mean providing consultancy services from concept to
commissioning on turnkey basis for construction of University of Health Sciences,
Karnal at Kutail in district Karnal, Haryana as specified in Request for Proposal.
n) “RFP” means the Request for Proposal issued by the Employer for the selection of
Agency.
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o) “Services” shall mean the Comprehensive Design, Engineering, Supervision and
Project Management Consultancy Services as specified in RFP to be rendered by
the Agency.
p) “Site” shall mean the place/land where the institute for which the services as
mentioned under the scope of work for the Project are to be carried out and the
details of which are provided in this RFP. Institute may be located on one or more
parcel(s) of land.
q) “Start of Work” shall mean the date of commencement of services by the Agency
as specified in RFP.
r) “Terms of Reference” (TOR) means the document included in the RFP which
explains the objectives, scope of work, activities, tasks to be performed by the
Agency and the deliverables of the Assignment/job.
s) “University” shall mean University of Health Sciences Karnal at Village Kutail
District Karnal, Haryana
t) “Project/Work Contract” shall mean any/all contract(s) to be entered into by the
Agency with the contractor/contractors for all civil works, electrical works, PHE
works & HVAC works etc as per provisions specified in RFP.
2. Introduction
To attain the Excellence in field of Healthcare, the Government of Haryana has proposed
to establish University of Health Sciences at village Kutail in Karnal Distt. to promote the
Medical Education in the State of Haryana. The goal of Institute is to provide world class
facilities to train the team of Skilled Clinicians, Diagnosticians and Researchers and Paramedical
Personnel. The proposed Medical Sciences University will have Multi-Specialty/Super-Specialty
facilities as per Terms of Reference (TOR).
Land parcel measuring approximately 145 acres (approximately) has been identified and
selected for the establishment of the proposed University at Kutail in Karnal Distt., Haryana.
This piece of land is connected to NH -1 through roads passing through village, Kutailgamdi and
is located approximately 06 kilometers from National Highway and about 16 Kilometers from
Karnal City.
Department of Medical Education & Research, Govt. of Haryana wishes to engage the
services of a Consultant (Agency) from Central Public Sector Undertakings (CPSUs) who have
relevant consulting experience with the aim of Comprehensive Design Engineering, execution,
monitoring of construction of above said University (Concept to Commissioning) as defined in
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TOR in this RFP document.
2.1 The Employer, named in the Part II Data Sheet, will select the Agency in accordance
with the method of selection specified in the RFP including in the Part II Data Sheet.
2.2 The name of the Assignment/Job has been mentioned in Part II Data Sheet. Detailed
Scope of Work/Assignment/ job has been described in the Terms of Reference (TOR)
in Section-5.
2.3 Date, time and address for submission of Proposals have been given in Part II Data
Sheet.
2.4 Agencies are invited to submit a Proposal, for consulting Assignment/job named in
ITA 2.2.
2.5 Agencies should familiarize themselves with local conditions and take them into
account in preparing their Proposal. Agencies are encouraged to attend a pre-Proposal
meeting at the time and venue as specified in the Part II Data Sheet.
2.6 The Employer will provide at no cost to the selected Agency various inputs and
facilities specified in the Part II Data Sheet, assist the Agency in obtaining licenses and
permits needed to carry out the Assignment/job, and make available relevant project
data and reports.
2.7 Agencies shall bear all costs associated with the preparation and submission of their
Proposals, presentation and contract negotiation. The Employer is not bound to
accept any Proposal, and reserves the right to annul the selection process at any time
prior to Contract award.
3. Clarification and Amendment of RFP Documents
3.1 Agencies may request for a clarification on any clause of the RFP documents at the
address within the timelines indicated in the Part II Data Sheet. The Employer will
respond in writing, or by standard electronic means and will send copies of the
response to all Agencies.
3.2 At any time before the due date for submission of Proposal, the Employer may amend
the RFP by issuing an addendum in writing or by standard electronic means.
4. Conflict of Interest
4.1 Employer requires that Agency provides professional, objective, and impartial advice
in a time bound manner and at all times hold the Employer’s interests paramount,
strictly avoid conflicts with other Assignment/jobs or their own corporate interests
and act without any consideration for future work.
4.2 Without limiting the generality of the foregoing, Agency and any of their sub-
agency(s) shall be considered to have a conflict of interest when:
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(i) Conflicting Assignment/job: The Agency (including its Personnel and Sub-
Agency) or any of its affiliates shall not be hired for any Assignment/job that, by
its nature, may be in conflict with another Assignment/job of the Agency to be
executed for the same or another Employer.
(ii) Conflicting relationships: The Agency (including its Personnel and sub-agency)
that has a business or family relationship with a member of the Employer’s staff
and who is directly or indirectly involved in any part of (a) the preparation
of the Terms of Reference of the Assignment/job, (b) the selection process for
such Assignment/job, or (c) supervision of the Contract, may not be awarded a
Contract.
4.3 Agencies have an obligation to disclose any situation of actual or potential conflict that
impacts their capacity to serve the best interest of the Employer, or that may reasonably
be perceived as having this effect. If the Agency fails to disclose said situations, it may
lead to disqualification of the Agency during the bidding process or the termination of
its Contract during execution of Assignment.
4.4 Unfair Advantage: If the Agency could derive a competitive advantage from having
provided consulting Assignment/job related to the Assignment/job in question and
which is not defined as conflict of interest as per para 4.2 above, the Employer shall
make available to all Agencies together with this RFP all information that would in that
respect give such Agency any competitive advantage over competing Agencies.
5. Proposal
The Agency must submit only one Proposal. If the Agency or any of its sub-agencies
submits or participates in more than one Proposal, all such Proposals shall be rejected
and not considered for the purposes of evaluation under the RFP.
6.2 The Bid Security will be submitted online through NEFT/RTGS or in the form of a
Bank Guarantee from a Scheduled Commercial Bank in India. The format of the Bank
Guarantee shall be as per Form A provided in this RFP. The said Bank guarantee shall
be irrevocable and operative for a period not less than 45 days beyond the validity of
the Bid. The Bid Security shall be endorsed/pledged in favor of “Director, Medical
Education & Research, Panchkula Haryana” payable at Panchkula and shall be
submitted in a separate envelope super scribed “Bid Security for Appointment of
Agency for “Providing consultancy services from concept to commissioning on
turnkey basis for construction of University of Health Sciences, Karnal at Kutail in
district Karnal, Haryana” as specified in Request for Proposal.
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6.3 Any Bid not accompanied by an acceptable Bid Security shall be treated as non-
responsive and shall be summarily rejected.
6.4 The Bid Securities of unsuccessful Bidders shall be discharged/ returned by “Director,
Medical Education & Research, Panchkula, Haryana as promptly as possible, after the
expiration of the Bid Validity.
6.5 The Bid Security of the Successful Bidder shall be returned upon the Successful Bidder
executing the Contract Agreement by agency with Employer, and on submission of
Performance Security, as mentioned in clause 19.
a. If the Agency withdraws his Bid during the period of Bid Validity, or
ii) The Contract is not signed within the time limit specified in clause 15.2.
c. If the agency tries to influence the Bid process/ employees of Director, Medical
Education & Research, Haryana / members of Evaluation Committee in any manner.
7. Proposal Validity
The Part II Data Sheet indicates how long Agencies’ Proposals must remain valid
after the submission date. During this period, Agencies shall maintain the
availability of Professional staff nominated in the Proposal and also keep their
Financial Proposal unchanged. Should the need arise; however, the Employer may
request Agencies to extend the validity period of their Proposal. Agencies who do not
agree have the right to refuse to extend the validity of their Proposal; under such
circumstance the Employer shall not consider such Proposal for further evaluation.
8. Eligibility Criteria:
The Agency submitting a Proposal must fulfill the criteria laid down in the Part II: Data
Sheet for it to become eligible for submitting Proposal in response to this RFP.
9. Preparation of Proposal
9.1 Language: The Proposal as well as all related correspondence exchanged by the
Agencies and the Employer shall be written in the English language.
19
The Agency is required to furnish the following details / documents duly signed
and stamped on each page by the authorized signatory.
i. Technical Details about the PSU and other relevant information including
documents in the details provided therein.
iii. Copy of aims and objectives of the PSU as indicated in the Memorandum of
Association and Articles of Association of the PSU.
vi. Copy of RFP & clarification issued by Employer to this RFP, if any, as a mark of
acceptance of all conditions of the RFP.
vii. Power of Attorney in favor of the signatory authority for the purpose of signing
bid documents/ proposal.
viii. A detailed write-up on the PSU's Approach and Methodology to perform the
assignment based on the TOR.
Note:
a. All papers which are a photo copy and submitted as part of the proposal
shall be duly attested by the PSU’s CS/CA or Authorized signatory.
b. Each of the pages of the proposal submitted will be signed and stamped by
the authorized signatory of the PSU.
c. Each page of the proposal should be duly numbered and total number of
pages in the proposal should be clearly mentioned in the proposal. Index of
the documents submitted in the RFP should be given and location of the
documents submitted should be clearly mentioned in the index so that the
tender evaluation committee is able to easily locate them. Non-compliance
of this condition may result in rejection of the bid.
d. All monetary figures should be Indian Rupees (INR).
20
e. Proposals should be complete in all respects and containing all requisite
documents/ information/ data. Only complete proposals shall be accepted and
evaluated.
9.2 While preparing the Technical Proposal, Agencies must ensure that alternative
professional staff is not proposed and only one curriculum vita (CV) may be submitted
for each position. No change of staff would be allowed without prior approval from the
Employer.
9.3 Technical Proposal: Agencies are required to submit Technical Proposal (TP) in
forms provided in Section-3. The Part II Data sheet in Section-2 also indicates the
formats of the Technical Proposal to be submitted. Submission of the Technical
Proposal not complying with the requirements will result in the Proposal being
considered non-responsive. Content of the Technical Proposal is prescribed below:
a) Form TECH-1 in Section-3 is cover letter accompanying Technical Proposal.
b) A detailed description of the Agency’s organization will be provided in Form
TECH-2. In the same Form, the Agency will provide details of experience of
eligible Assignments.
c) A description of the technical approach, methodology, Project Scheduling &
Planning and work plan for performing the Assignment/job (Form TECH-3 of
Section 3).
d) The list of the proposed key Professional staff by area of expertise, along with
their Curriculum Vitae (CV) duly signed by the concerned staff or authorized
representative, the position that would be assigned to each staff team member and
their tasks, is to be provided in Form TECH-4 of Section 3.
e) Detailed description of methodology for training & capacity development.
f) A detailed power point presentation shall be made by the eligible Bidders who
clear the technical scrutiny/ technically responsive. Date and time of the
presentation will be intimated to the concerned CPSUs. Presentation shall
broadly include as mentioned in FORM TECH -3 and FORM TECH-4
g) Power of Attorney / authorisation in favour of person signing the Proposal.
9.4 The Technical Proposal shall not include any financial information. A Technical
Proposal containing financial information may be declared non- responsive.
9.5 Financial Proposal: The Financial Proposal shall be prepared using the attached
Standard Forms (Form FIN-1 in Section 4). It shall set down the total cost, expressed in
percentage terms of the estimated project cost (EPC) given in ITA 9.7, associated with
the Assignment/job, including costs of the Agency associated with concept, design,
21
construction, procurement services, commissioning, capacity building etc, given in
detail in TOR, and all applicable taxes.
9.6 The Financial Proposal shall not include any conditions attached to it and any such
conditional Financial Proposal shall be summarily rejected.
9.7 The Estimated Project Cost (EPC) for the purpose of this RFP shall be Indian Rupees
(INR) Rs. 750.00 Crore. The tentative cost has been arrived at for the project on the
basis of estimate of expenditure done on construction of other similar buildings/Work
thereof in the State of Haryana. It is hereby clarified that the actual payment to the
successful Agency, under the contract, shall be restricted to the cost of project means
EPC or actual cost of the project whichever is less. The actual cost of the project shall
be worked out as provided in Annexure 3 of the draft contract.
9.8 Employer will not reimburse any charges to the successful bidder/ Agency towards legal
fees, third party certification fees, proof checking agency charges, travel expenses,
incidental expenses or any other expenditure incurred for the execution of the project
other than the statuary fees paid by the bidder to the statutory authorities.
10. Taxes
All applicable taxes will be included by the agency in its rates in the financial proposal
in Form FIN-1 in Section 4. Nothing extra shall be paid on account of this.
11. Currency
Subject to provisions of ITA 9.7 above, Agencies shall express the price of their
Assignment/job in percentage of the estimated project cost (EPC), which will then be
converted to absolute amount in Indian Rupees (INR) for the purpose of evaluation as
per ITA 13.
22
12.4 The Proposals/all documents must be submitted online as per Data sheet by due
date and time as prescribed in the notice inviting RFP or any extension to this date in
accordance with para 3.2 above. Any Proposal received by the Employer after the
deadline for submission shall not be considered.
13. Proposal Evaluation
13.1 The Agencies should not contact the Employer on any matter related to its
Technical and/or Financial Proposal. Any effort to influence the Employer in the
examination or evaluation of proposals may result in the rejection of the Agency’s
Proposal.
13.2 The Evaluation Committee (EC) will carry out the entire evaluation process.
13.3 Evaluation of Technical Proposals: The EC while evaluating the Technical
Proposals shall have no access to the Financial Proposals until the technical
evaluation is concluded and the competent authority accepts the recommendation.
13.4 The EC shall evaluate the Technical Proposals on the basis of their responsiveness to
the Terms of Reference and by applying the evaluation criteria, sub-criteria specified in
the Data sheet. In the first stage of evaluation, a Proposal shall be rejected if it is found
deficient as per the requirement indicated in the Data sheet for responsiveness of the
Proposal. Only responsive Proposals shall be further taken up for evaluation.
Evaluation of the technical Proposal will start first and at this stage the financial bid
(Proposal) will remain unopened. The qualification of the Agency and evaluation
criteria for the technical Proposal shall be as defined in the Data sheet.
13.5 Public opening & evaluation of the Financial Proposals:
Financial Proposals of only those entities that are technically qualified shall be opened
on the date & time to be specified later, in the presence of the Agencies’ representatives
who chose to attend. The name of the Agencies, their technical score and their financial
Proposal shall be read aloud.
13.6 The EC will correct any computational errors. When correcting computational errors
between word and figures, the former will prevail.
13.7 After opening of Financial Proposals, selection method as described in the Data Sheet:
Detailed Evaluation Method shall be applied to determine the Agency eligible for award
of Contract. The selected Agency will be invited for negotiations, if considered
necessary.
14. Negotiation of Contract
14.1 Negotiations may be held on the date, time and address intimated to the selected
Agency.
23
14.2 Technical negotiations:
Before final agreement/contract is signed, negotiations on technical and financial
proposal may be done to clarify the work plan, staffing schedule, logistics etc.
14.3 Financial negotiations:
Under no circumstance, the financial negotiation shall result in to increase in the price
originally quoted by the Agency. Unless there are exceptional reasons, the financial
negotiations will involve neither the remuneration rates for staff nor other proposed
unit rates.
14.4 Availability of Professional staff/experts: The Employer expects to negotiate a Contract
on the basis of the Professional staff named in the Proposal. Before contract
negotiations, the Employer will require assurances that the Professional staff will be
actually available.
15. Award of Contract
15.1 The Employer shall issue a Letter of Award (LOA) to the selected Agency and promptly
notify to all other Agencies who have submitted Proposals about the decision taken.
15.2 Unless otherwise agreed, the Agency will sign the Contract within 15 days of issuance
of LOA.
15.3 The Agency is expected to commence the Assignment/job on the date and at the
location specified in the Part II Data Sheet.
16. Confidentiality
Information relating to evaluation of Proposals and recommendations concerning
awards shall not be disclosed to the Agencies who submitted the Proposals or to other
persons not officially concerned with the process, until the publication of the award of
Contract/issue of LOA. The undue use by any Agency of confidential information
related to the process may result in the rejection of its Proposal and may be subject to
the provisions of the Employer’s anti fraud and corruption policy.
27
Instructions to Agencies (ITA)
Part-II: Data Sheet
1 2.1 Name of the Employer: Director, Medical Education & Research Haryana,
SCO No.7, Sector-16, Panchkula
Telephone: 0172-2560799 E-mail : dgmer.haryana@gmail.com
2 2.2 Name of the Assignment/job is: For Providing Consultancy Services for
Preparation of Master Plan, Concept Study and Planning, Detailed
Architectural Planning, Drawings, Structural Design and Detailed
Engineering, Detailed Project Report, Engaging Contractors for execution,
Supervision, Project Management Consultancy Services for the
Construction of University of Health Sciences, Karnal at Kutail on Turnkey
Basis as specified in Request for Proposal (from Concept To
Commissioning).
5 2.6 The Employer will provide the following inputs and facilities:
Site map as available, project area and indicative project cost. Agency will make
itself well acquainted with the scope of work/ToR, site etc. well before
submitting the proposal. Visit to site will be allowed with prior permission.
6 8 Eligibility Criteria:
28
Sl No. Ref. of Particulars of Data Sheet
ITA
a) (i) The agency can submit a proposal, if the agency is a Central Public Sector
Undertaking (CPSU) having experience in the Health sector. Bidders in the
form of State Public Sector Undertaking (SPSU)/ Joint Venture (JV)/
Consortium are not eligible and not allowed.
(ii) The agency shall deposit processing fee of Rs. 50,000/- (Fifty thousand)
only and cost of the tender Rs. 5000/- (Five thousand) only at the time of
submission of bids through RTGS/NEFT etc. as per notice inviting RFP,
which will be non-refundable.
(iii) The agency shall deposit Bid security/Earnest Money (EMD) of Rs
50,00,000/- ( Rs. Fifty Lacs) in prescribed shape as per this RFP
b) The agency, as sole entity must:
i) Have an established and demonstrable track record of rendering all of
the services for a project comparable to that envisaged in the RFP; and
ii) Have an experience in project consultancy, designing, executing and
commissioning one integrated Super-speciality/ Multi-specialty
Hospital Project of minimum 500-beds capacity or more, and one
medical college for minimum 150 under graduate (MBBS seats) with a
Project Cost of Rs. 300 Crore or more, commissioned with minimum
Project Cost of Rs. 300 Crore, in last 10 (Ten) years; and
iii) Have an experience and capacity to engage and co-ordinate a multi-
disciplinary team of experts for designing, executing, equipping and
commissioning etc similar modern infrastructure Projects; and
iv) Possess and can display capacity for transfer of knowledge/skills for
capacity development in best practices in operating the services under
the Project and maintenance of the Project after its completion.
v) CPSU should have positive net worth and should have made profit for
two consecutive years during last three years.
Other conditions:
(i) Construction will be done as per CPWD norms.
(ii) Project will be implemented as per norms of MCI/DCI/INC and other
regulatory bodies. For the purpose of comparison, a tentative cost has
been fixed for the project on the basis of estimate of expenditure done on
construction of other medical college buildings and furnishing thereof.
(iii) Details of the project in the DPR will be got finalized by Agency from
Employer/Govt of Haryana after discussion.
29
Sl No. Ref. of Particulars of Data Sheet
ITA
7 3.1 Clarifications may be requested till the date of Pre-Proposal meeting. The
address for requesting clarifications is:
E-mail: dgmer.haryana@gmail.com
8 7 Proposals must remain valid for 180 (one hundred eighty) days after
the submission date, i.e. until: 10-07-2018
12 12.3 Agency may submit the original and two copies of the Technical Proposal in
hard copies as well.
30
Sl No. Ref. of Particulars of Data Sheet
ITA
Only those Technical Proposals that are found to be responsive as above shall
be further evaluated on the following parameters:
31
Sl No. Ref. of Particulars of Data Sheet
ITA
be opened i.e. agencies who score minimum 70 marks out of 100 marks as
per procedure of evaluation of technical qualification given above.
The Proposal with the lowest cost may be given a financial score of 100 and
the other Proposal given financial score that are inversely proportionate to
their prices.
For working out the combined score, the employer will use the following
formula:
Total points = T (w) x T (s) + F (w) x LEC / EC,
where
T (w) stands for weight of the technical score.
T (s) stands for technical score
F (w) stands for weight of the Financial Proposal
EC stands for Evaluated Cost of the Financial Proposal
LEC stands for Lowest Evaluated Cost of the Financial Proposal.
The Proposals will be ranked in terms of total marks scored. The Proposal with
the highest total marks (H-1) will be considered for award of contract and will
be called for negotiations, if required.
32
Section 3
33
FORM TECH-1
[Location, Date]
Dear Sir:
We, the undersigned, offer to provide Consultancy Services For Providing Consultancy
Services for Preparation of Master Plan, Concept Study and Planning, Detailed Architectural
Planning, Drawings, Structural Design and Detailed Engineering, Detailed Project Report,
Engaging Contractors for execution, Supervision, Project Management Consultancy Services
for the Construction of University of Health Sciences, Karnal at Kutail on Turnkey Basis as
specified in Request for Proposal (from Concept To Commissioning). We are hereby
submitting our Proposal, which includes this Technical Proposal, and Financial Proposal in
separate envelops online.
We hereby declare that all the information and statements made in this Proposal are true and
accept that any misinterpretation contained in it may lead to our disqualification.
Our Proposal is binding upon us and subject to the modifications resulting from Contract
negotiations, if any.
We understand that you are not bound to accept any Proposal you receive.
Yours sincerely,
34
FORM TECH-2
A. Agency’s Organization
[Provide here description of the background and organization of the entity for this
Assignment/job in following format.]
Sr. No Particulars
(B) Fax No
7 EPF
8 GST registration No
9 No of full time employees with the bidder PSU Engineers Supporting staff
(Technical )
10 Financial strength of the organization of the last Turnover Net profit (PAT) (Rs in
3 years (Rs in Crores)
Crore )
FY 2016-17
FY 2015-16
FY 2014-15
35
B. Detail of Personnel
1 Engineers
Civil
Electrical
Architect
2 Supporting Staff
(Technical)
Total
C. Agency’s Experience
Using the format below, provide information on each assignment/job for which your
firm was legally contracted for carrying out consulting assignment/job similar to the
ones requested under this Assignment/job as per RFP.
Sr Name & Name Exact Approved Date of Timeline Actual Final Is there any Remarks
No address of of Location cost of commencement fixed for date of cost of dispute including
client project / site of project of project completion completion project /legal case desprtion
department the (in lakhs) /Arbitration of
/Employer project case activities
pending of by the staff
the project of agency
within the
over all
assignment
/Job
36
Note: Please provide documentary/material evidence from the Employer i.e. copy of
work order, contract, Purchase Order, Agreement, completion certificate issued by the
officer not below the rank of Executive Engineer etc. in support of above mentioned
Assignment/job.
It is hereby certified that our CPSU has never been black-listed by Central / State
Govt/CPSU.
It is hereby submitted that all the terms and conditions of this RFP are acceptable to
us. We hereby certify that the above mentioned particulars are true and correct.
Date ____________
Place ____________
CPSU Stamp
37
FORM TECH-3
[Technical approach, methodology and work plan are key components of the Technical
Proposal]
[You should explain your understanding of the ToR, objectives of the Assignment/job,
approach to the Assignment/job, methodology, work plan including timelines, Maintenance
of quality for carrying out the activities and obtaining the expected output, and the degree of
detail of such output. You should highlight the problems being addressed and their
importance, and explain the technical approach you would adopt to address them. You should
also explain the methodologies you propose to adopt and highlight the compatibility of those
methodologies with the proposed approach.
Approach and methodology should, inter alia, cover the Agency’s proposed approach
regarding the following.
Evaluation and analysis of site and surroundings.
Preparation of a project brief underlining the basics of medical college and teaching, super
specialty hospital and Health University requirements.
Preparation of an equipment brief.
Highlights of design and design efficiencies.
Highlights of operational efficiencies in terms of ease and efficiencies of movement of
patients, equipment and supplies.
Detailed engineering brief containing proposed technology and ease of use.
Provisions for infection control and sequestration of clean areas.
Innovative technologies if any for conservation of energy.
Optimization strategies for manpower deployment.
Measures proposed to be taken for achieving financial economies]
The Agency should propose and justify the main activities of the Assignment/job, their
content and duration, phasing and interrelations, milestones (including interim approvals
by the Employer), and delivery dates of the reports. The proposed work plan should be
38
consistent with the technical approach and methodology, showing understanding of the TOR
and ability to translate them into a feasible working plan.
Note:
A detailed power point presentation shall be made by the eligible Bidders who clear the
technical scrutiny/ technically responsive. Date and time of the presentation will be
intimated to the concerned CPSUs. Presentation shall broadly include as mentioned above
in this FORM TECH -3 and FORM TECH-4
39
FORM TECH-4
TEAM COMPOSITION
[Clause 9.3 Section 2, Instructions to Agencies (ITA), Part I]
40
Form A/B
To
Employer,
__________________________________,
______________________________
Ph. ________________
Signature and seal of the Guarantor with Name, Designation, Employee Code Number &
Telephone Number………………………………………………………
Name of the Issuing Bank/ Branch ………………………Name of the Controlling
Branch/Bank…..
Address & Telephone Number……………………………Address & Telephone
Number………….
Date…………………………..
In the presence of (if this is to be witnessed as per bank’s
policy)…………………………………
1…………………………………………………………………………………………
(Name, Address & Occupation)
2…………………………………………………………………………………………
(Name, Address & Occupation)
An amount shall be inserted by the Guarantor, representing the percentage of the Contract
Price specified in the Contract including additional security for unbalance bids, if any and
denominated in Indian Rupees.
42
Annexure ‘X’
43
(ii) a) Project Management Consultancy and
designed a minimum of one (1) i. One project 5 marks
integrated Super-speciality/multi- ii. Two Projects 10 marks
specialty state-of-art hospital projects iii. Three or more 15 marks
of 500-bed capacity or more and one Projects
medical college for minimum 150
under graduate (MBBS seats) with a
Project Cost of Rs. 300 Crore or more
commissioned during last 10 (Ten) i. One project 3 marks
years. ii. Two Projects 4 marks
15 marks iii. Three or more 5 marks
Projects
b) Procurement services of Medical &
Details of projects to be furnished by the
Information and Communication Bidder in a separate Annexure to be enclosed
Technology (ICT) Equipment/ separately with this.
Machinery for project value not less
than Rs. 50 crore each
5 marks
C FINANCIAL CAPABILITY 10 marks
(i) Profit: Average Annual profit in the last 3 years
Company/ CPSU should be profit making in i. > 40 Cr. : 10 marks
last 3 years (PAT) ii. > 30 <= 40 Cr. : 8 marks
iii. > 20 <= 30 Cr. : 6 marks
iv. > 10 <= 20 Cr. : 5 marks
v. <= 10 Cr. : 4 marks
D APPROACH AND METHODOLOGY 40 marks
Agency’s approach and Methodology to Mark to be allotted by Evaluation Committee
perform the present Consultancy assignment/ on the basis of presentation made by the
job based on the TOR CPSU on the following parameters:
40 marks i. Understanding of the Terms of Reference :
5 marks
ii. Architectural Vision : 10 marks
iii. Technical approach and methodology : 5
marks
iv. Work plan including timelines: 4 marks
v. Maintenance of quality: 5 marks
vi. Steps to be taken for timely completion of
the project, Plan B or alternate methods to
complete the project in any eventuality: 4
marks
vii. Organization and staffing including
suitability of the Key personnel for the
Project: 7 marks
Total (A to D) 100 marks
44
Section 4
45
FORM FIN-1
FINANCIAL PROPOSAL SUBMISSION FORM
[Clause 9.5 Section 2, Instructions to Agencies (ITA), Part I]
[Location, Date]
Dear Sir:
We, the undersigned, offer to provide Consultancy Services from For Providing Consultancy
Services for Preparation of Master Plan, Concept Study and Planning, Detailed Architectural
Planning, Drawings, Structural Design and Detailed Engineering, Detailed Project Report,
Engaging Contractors for execution, Supervision, Project Management Consultancy Services
for the Construction of University of Health Sciences, Karnal at Kutail on Turnkey Basis as
specified in Request for Proposal (from Concept To Commissioning) in accordance with your
Request for Proposal and our Technical Proposal.
We hereby submit our Financial Proposal for the sum equivalent to [______] per cent (in figure
as well as in words) of the estimated project cost indicated in the RFP in ITA 9.7. This is
inclusive of all applicable taxes.
We understand that the actual payment under the Contract, to the successful Agency, shall be
made on the basis of the above stated percentage of the estimated project cost or that of the
actual project cost, whichever is lower.
We hereby confirm that the Financial Proposal is unconditional and we acknowledge that any
condition attached to Financial Proposal may result in rejection of our Financial Proposal.
Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, if any, as per RFP.
We understand you are not bound to accept any Proposal you receive.
Yours sincerely,
Signature of Authorized Signatory
Name:
Title:
Address:
[Note: The Financial Proposal shall set down the total cost, expressed in percentage terms of
the estimated project cost (EPC) given in ITA 9.7, associated with the Assignment/job,
including costs of the Agency associated with concept, design, construction, procurement
services, commissioning, capacity building etc, given in detail in TOR, and applicable taxes.]
46
Section 5
Terms of Reference
47
Terms of Reference
Background, Objectives and Detailed Scope of the Assignment
1. BACKGROUND:
To attain the excellence in field of healthcare the Government of Haryana has proposed
to establish Kalpana Chawla University of Health Sciences at village Kutail in Karnal Distt. to
promote the medical education in the State of Haryana. The goal of institute is to provide world
class facilities to train the team of skilled clinicians, diagnosticians and researchers and
paramedical personnel. The proposed Medical Sciences University will have state of art multi-
specialty/super-specialty facilities with and attached Medical College at Karnal (Kalpana
Chawla Government Medical College, Karnal) which has already become functional with the
annual intake of 100 students for undergraduate and post graduate courses with the capacity of
500 beds. Campus at Kutail will have Administrative Block of the University and various
professional Institutes like Super-Specialty Block, Dental College, Nursing College, College of
Pharmacy and College of Physiotherapy etc. A detail list of buildings is given in Terms of
Reference (TOR).
Location and Connectivity
Land parcel measuring 145 acres (approximately) has been identified and selected for
the establishment of the proposed UHS, Karnal at KUTAIL in Karnal Distt., Haryana. This
piece of land is connected to NH -1 through roads passing through village, Kutailgamdi and is
located approximately 06 kilometers from National Highway and about 16 Kilometers from
Karnal City.
All buildings shall be sustainable, energy efficient and use space optimally. The entire
campus should be designed as a zero discharge campus. Campus should be designed so as to
leave enough space for future expansion. The university complex shall be designed contextual
with locale, modern, sustainable, energy efficient buildings in accordance with standard and
best practices guidelines. The complex shall have major component buildings as specified in
TOR based on the user requirement, any number of more building(s) can be added or deleted in
this list
48
3. OBJECTIVES OF THE ASSIGNMENT:
Phase I:
(i) Develop a Health University with modern educational facilities (in two phases)
and state of the art technology, latest design standards and best operating
procedures, leading to accreditation, such as NABH, NABL, and so on;
(ii) An air conditioned 500 Beds Multi Specialty/Super-Specialty Hospital (300 Super
Specialty Beds + 30 Beds for Organ Transplant (Phase 2) + 30 Beds for Geriatric
Medicine + 30 beds for Nuclear Medicine (Phase 2) + 60 beds (30 male + 30
female) for Infectious Diseases and 30 Beds for Radiotherapy Block) conforming
to the international standards of Hospital engineering for providing best medical
care, equipped with medical equipment of latest generation having safety
standards both for the user and the patients;
(iii) Super Specialty Hospital will have following departments:-
a) Gastroenterology including Hepatology
b) Gastrointestinal surgery
c) Nephrology
d) Urology
e) Cardiology
f) Cardiovascular and thoracic surgery
g) Neurology
h) Neurosurgery
i) Pulmonary medicine and critical care
j) Medical and surgical oncology and radiotherapy Department
k) Endocrinology
l) Plastic Surgery
m) Paediatric Surgery
n) Clinical Haematology
(iv) The University shall have have teaching hospital, residential accommodation for
different category of staff and hostels in a campus type facility with Wi-Fi feature,
Sports Complex ( Indoor & Outdoor), Auditorium , Entertainment Zone, Faculty
Rest House, Shopping Centre while designing the facility. The space for future
expansion for development of Super Specialty Departments and Post
Doctoral/Post Graduate/DNB Hostels should be identified and earmarked in the
drawings.
(v) The facility should fully conform to the norms laid down by the Medical Council
of India and other regulatory bodies.
(vi) Modular execution, design- to- finish and commissioning in 36 months on
turnkey basis; saving through design and process efficiency, achieving value for
money, lower recurring/life cycle cost; energy-efficient, eco-friendly, earthquake
49
safe structures;
(vii) Holistic and patient-centric service delivery; effective infection control
management;
(viii) Best industry practices leading to accreditation, stipulation of minimum standards
and benchmarks; eventual development as telemedicine hub in the region
(ix) Transparent and international benchmark processes; synergy in procurement,
construction, commissioning and optimization of time, cost and quality
Phase II:-
i) Organ Transplant Centre-30 Beds for Organ Transplant
ii) Department of Nuclear Medicine- 30 beds for Nuclear Medicine
iii) Department of Bio Technology
iv) Department of Experimental medicine
v) Advance Research Centre incorporating genetics, immunology and virology etc.
NOTE:- The Agency will execute Phase I complete in all respect as per detailed scope of
services. The Agency will make planning/ master plan/ concept plan including components
of Phase II and will prepare preliminary architectural drawings with reasonable details
for approval of Employer to be taken care of while executing Phase II of this scheme.
Agency would ensure that the Employer should not face any difficulty in any manner at
the time of implementing/ executing the works included in Phase II. It should be ensured
that the planning should be compatible with the buildings/ facilities included in both the
phases in view of various norms/ codal provisions/ including the norms of various
regulatory bodies. Sufficient provisions should be kept at site before hand at the planning
stage itself so as to avoid any kind of difficulty in future expansion/ execution.
50
(iv) Designing, Planning, Architectural/Engineering details of the project, getting
approved from employer, getting approval from the Local Municipal Authorities
and obtaining clearance from the concerned Statutory Authority for the
Environment, Wildlife clearances etc. All permissions and clearances for
commencement and execution of the project shall be obtained by the Agency
(v) Soil investigation, topographical survey, traffic survey, environment assessment
study etc. required for getting approvals and/or required for estimation before
tendering, cost of all preconstruction will be part of Consultancy charges (fee of
Agency). Nothing shall be paid by the Employer on this account.
(vi) Preparation of Detailed Project Report (DPR) in consultation with the officials
of Directorate of Medical Education and Research, Government of Haryana
(Nodal Officer of the Project), Preparation of submission plans for approval of
various statutory authorities after approval of the concept plan and DPR.
(vii) Volumetric study and Urban form recommendations including pedestrian/
vehicular movement and parking.
(viii) The site is surrounded by a Nallah/Drain which requires measures such as
covering of the Nallah/Drain and proper drainage, therefore the cost of the same
should also be included in the DPR. The drain work shall be planned/ designed
by the Agency in consultation with Irrigation Department Haryana or any other
appropriate authority.
5. BID PROCESS MANAGEMENT
(i) Preparation of tender documents as per CPWD/Works Manual norms/guidelines,
drawings, specifications and other bid documents for construction of the project.
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6.2 Services Design
The broad scope of services for the project under this contract shall include but not
be limited to Complete Planning & Design of Electrical systems, HVAC, Fire
Detection & Fighting, Rain Water Harvesting, PHE, medical services, Roads &
Paths, Street lighting etc. This shall entail preparation of conceptualization plans
based on conceptual design and specifications in compliance with State electricity
board/other statutory authorities/MCI Norms (Internal & External Electrical
Services)/Indian & International standards, NABH/NABL/JCI norms that may be
applicable and assisting in obtaining all Statutory approval
All designs shall be efficient, economical, flexible and future ready and compare to
best international practices/standards and advising on Sourcing of materials.
6.3 Electrical Services
Electrical services design shall include assessing the electrical requirements and
finalizing the rating of all the apparatus/ equipment that will be installed in the
buildings ensuring highest safety standards are inbuilt in the designs in accordance
with the relevant Indian/international regulations and Standards.
Indoor and outdoor lighting including lightning protection and earthing systems of all
the buildings and sensitive equipment, plants & machinery and specifying the details
and capacities of HT panels, Transformers, LT panels, standby diesel generator sets,
UPS and design of fuel storage facilities
Taking care of the type of supply arrangement for incoming power supply,
interlocking arrangement between HT panel, transformer, LT panel & DG sets to
ensure uninterrupted power supply to all essential services, computers lifesaving
equipment and the necessary switchgear and control/ changeover panels, capacitor
banks, bus duct, essential and nonessential panels as necessary with the appropriate
load management system in case of any power failure
Designing/evolving of complete communication system including but not limited to
telephones, Intercom & PA system, visual display, Queue management System etc.
System has to be robust and capable of being future ready. It should also include
FTTH based on a fiber optic network.
Fire detection & alarm system
Incorporating complete fire detection and suppression system including its
integration with the IBMS, HVAC and smoke extraction arrangements.
Lifts, elevators to be provided, their capacity and type as per the requirement and
ensure segregation of lifts for patients/Doctors and other medical personnel, visitors
etc. to have smooth movement of human traffic
Assess the requirement of nurses call system at different locations (ICU, ICCU,
wards etc.) and make available the best system and providing proper external lighting
for roads, parking, facades of buildings etc.
Identify the sensitive/critical equipment and plan a detailed power back-up program
through centralized and/or localized system. System must be able to distinguish
between essential and emergent power requirements and ensure that all lifesaving
devices continue to receive uninterrupted stable power supply at all times
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Taking into account requirement of GRIHA compliance like –
- Grid interactive Solar photovoltaic power generation system
- Electrical light controls etc.
- ECBC requirement
- Specialized services of the auditorium like –
- Stage lights
- Stage curtain
- Dimmable light
- Sound system
- Foot light
- Video projection system
- Video conferencing system
- Parking management system
- Parking guidance system
7.1 General
The following Systems & Services play important roles in proper and efficient
functioning of a Hospital.
1. Modular Operation Theatre and Integrated Modular OTs (Modular OT)
2. Central Sterile Supply Department (CSSD)
3. Medical Gases Manifold System
4. Kitchen
5. Laundry
6. Bio- Medicals Waste Management System
7. Mortuary Chamber
8. Pneumatic chute system
The considerations for each of the above services are explained in the following
sections.
Each of the above services shall be such as to take care of issues like Infection
control, Promoting high standard of asepsis, Facilitating coordinated and seamless
services delivery, Ensuring maximum standard of safety, Optimizing utilization of
spaces with flexibility &saving staff time, Optimizing safe & ergonomic working
condition, Ensuring functional separation of spaces, Patient and staff comfort
minimizing maintenance and regulating flow of traffic.
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should be state of the art incorporating equipment and instrumentation conforming
to CE (European) / US FDA approved make and design.
CSSD shall have barriers to prevent cross contamination. Central Sterile Supply
Department (CSSD) shall be so as to receive, store, process, sterilize, distribute and
control the supplies and instruments, linens, equipment, both sterile and non-sterile
essentials to all the departments of the Hospital for care and safety of the patients. It
should have wash area, packing area, sterile area with sterile store, change rooms,
gauge cutting room and low temperature sterile system. Dedicated RO water
requirement. CSSD shall have comfort condition in packing area and HEPA filtered
air supply to sterile area. CSSD shall have Plumbing, drainage, electrical works and
fire-fighting system. Location, design and internal planning will be done keeping in
view the functional requirements ensuring efficiency in working and the type of
machinery and equipment that will be best for being procured and deployed.
Selection and procurement of suitable equipment/technologies should be done and as
per the best practices being followed internationally. (All the equipment and
furniture of CSSD shall be of SS-304/316/3166. Equipment shall be of European
CE/US FDA certified,)
7.5 Kitchen
Kitchen shall be designed/constructed keeping in view the size of the Hospital and
the need to deliver hygienic food to all patients in shortest possible time.
The need to have a central kitchen or satellite kitchens can be explored and design
developed keeping in view the need for efficiency and economy
Kitchen shall have Dry store, cold room, preparation area, cooking area, vegetable
cutting area, dish washer and Pot wash, Dietician room, set-up area, special feed
area, staff rest room, change room, trolley wash area & Trolley bay. Kitchen shall
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have stainless steel equipment and furniture like automatic chapatti making machine,
Dough kneader, boiler, microwave, dish washer, hot food trolley, ss table and sink,
banmarie, deep freezer, refrigerator etc. (Kitchen shall have good ventilation system,
with plumbing, drain, electrical works and fire-fighting system)
7.6 Laundary
Size & location of laundry shall be commensurate with the size of the facility,
quality of water available and the latest techniques in this field
Laundry shall have barriers to prevent cross contamination. It should have Sorting
area, sluice area, wash area, finish area, store and change room. It should be
equipped with sluicer, washer extractor, drier, Ironer, boiler, compressor and
finishing machine. Laundry shall have plumbing, drain, electrical works, fire-
fighting and ventilation system.
8. HVAC SERVICES
8.1 General
All HVAC services will be Planned and executed detailed complete in all respect, for
Central and/or individual air-conditioning systems as may be required from
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functional and economical point of view (fully air-conditioned Institutional areas &
Hospital except residential areas).
The service shall include but not be limited to pressurization of lift wells/stair cases;
mechanical ventilation system of toilets, basements and other areas etc. for the entire
complex selection of chilling machines along with chiller management system, hot
water generators, cooling towers, chilled/hot/condenser water pumps with VFDs, air
handling units, FCUs, ventilation fans, pressurization and smoke extraction system,
ducting, piping, insulation and required electrical works along with panels,
cabling/earthing etc.
System has to be in compliance with international standards and guidelines
applicable to healthcare buildings for hospital and the relevant standards for other
buildings as applicable. In any case the system will comply with or be better than the
applicable national standards/guidelines.
HVAC system shall provide enough flexibility in operation such that selective areas
can be operated and maintained at desired temperatures without compromising on
requirements of other areas to economize on the operating costs.
All the mandatory and prescriptive criteria for GRIHA 5 star (version 3) rating and
NABH/JCI requirements shall be included in planning and design of HVAC system.
System proposed has to be robust, easy to operate and maintain, energy efficient,
ensure that areas which have special requirements such as filtration, segregation of
return air, need for maintaining pressure differentials should be well taken care of.
Proper integration with the fire detection and smoke extraction system will be
inbuilt.
Following standards shall be kept in view while designing the system
- ASHRAE standards and guidelines
- ISHRAE
- MCI/DCI/INC etc. standards and guidelines
- Labs shall be designed as per WHO/CDC/ ICMR guidelines.
- Local by-laws and factory Act.
- Indian Standard Specifications / codes.
- National Building Code 2005.
- Manufacturer’s Instructions and guidelines.
- CPCSEA guidelines
- MOH& FW guidelines
9. IBMS
Building Management system shall be such as to achieve maximum benefits from
efficient operation of all plants and machinery and installations without
compromising on the operational requirements.
IBMS shall include but not be limited to Parking Management System, CCTV,
Audio System in class rooms, Specialized Electrical Services like Stage Lighting,
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Access Control System, Boom Barriers, Video Conferencing, Video Projection
System etc.
10. Information and Communication Technology (ITC) SERVICES
Prepare and bring about Information System strategy plan carrying the IT needs
of the Institute. Prepare System requirement specifications document including
up-gradation/expandability strategies for the future. Carry out the basic and
detailed design specifications of the application of IT/computerization
system/network related to scope, system architecture and application system.
The scope of the services includes but not limited to the following:
IT services shall include HMIS (Hospital Management and Information System)
for Hospital including Data Centre, Computer Hardware & Software requirement
for implementation of HMIS. System has to be designed in such a manner that it
is possible to integrate all records/information within the campus and also allow
for controlled access to a pan India data base
PACS (Picture Archival and Communication System) for the Hospital and
integration with HMIS.
Development of Computer Network Infrastructure – LAN and Wi-Fi System for
Network and Internet facility in the campus (Cable based and Wireless Network
both). Cable based Network is also to be used for the HMIS and PACS.
Queue/Token Management System for OPD and Doctor’s room and other
investigative services etc.
Library Management System / Automation
Education Management System
Telemedicine
The Agency shall be responsible, for complete Public Health & Engineering services
taking into account various existing topographical, meteorological, hydrological
features etc. and using these to the best advantage.
The campus shall be designed as a zero discharge campus
Preparation of reports, identify the source and quality of water, conduct survey of
existing water supply system, Sewerage system, Drainage system, Fire-fighting system,
other site development works etc. for planning of services and coordinating them with
architecture and structural drawings/systems
All The designs shall be as per latest Indian Standards, Local bye-laws and statutory
norms.
The services shall include but not be limited to following major components:
Water Supply System including separate system for recycled water.
Sewerage System
Storm water drainage System including rain water harvesting system(s).
campus should be designed as a zero discharge campus.
Other site development works such as garden irrigation system etc.
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Specialized water supply, drainage of various labs & animal house.
ETP/STP/WTP.
Soft water supply system.
System for hot water supply to showers, kitchen and other areas (use of solar water
heater shall be incorporated in the design)
STP, Water Treatment Plant, ETP shall be based on latest accepted technology
Service shall include, internal and external water supply system including suitable
location for Underground tanks, Overhead tank, Water treatment plants, Softener plant,
Pumping stations, rising mains, distribution system and internal plumbing, recycling of
treated wastewater, hot water supply system consisting of centralized/ Localized hot
water supply system (Solar/Boiler/Geyser etc.), RO/ Soft water supply system
Internal and external Sewer/waste disposal systems including revision if any as per
requirement of local authority, resubmission and approval.
Storm water drainage disposal and storage of rainwater, roof drainage system, service
area drainage and surface drainage including revision if any as per requirement of local
authority, resubmission and approval.
Rain water harvesting system.
(xv) The employer shall have the right to get the inspection of the work executed by
the agency through an appropriate third party for quantity and quality check.
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(ii) Checking and certification of all monthly bills, interim bills, escalation bills, final
bill of the Contractor including release of payments from the Project Fund, to be
created for timely & smooth execution of the Project.
(iii) Scrutinize and take suitable action on the claims raised by the Contractor, if any,
(iv) Assist Employer in dealing with matters relating to the audit queries and CTE
paras.
(v) Prepare and submit a detailed statement of account and closure report of the
Project on its completion along with as built drawings.
15.5 Completion Certificate
(i) Agency will issue the Completion Certificate on completion of the Project in
accordance with the Contract.
(ii) Agency shall submit and procure completion plans to local bodies like Fire/Traffic
Police etc. and obtain completion certificate. Similarly, fitness certificates for
operating Lifts / Escalator shall be obtained by Agency.
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per requirement until or unless specified.
Time Line: As below
Stage Duration
Master Plan/ Concept Plan 1 month
DPR Preparation and submission for approval 3 months
Bid Process Management 2 months
Construction, Procurement of Medical Equipments, 30 months
Training and Capacity Building [Processes to run
concurrently to the extent feasible]
Total 36 months
Note:- The time taken for the approval of DPR by the competent authority of the client
department would be excluded from this timeline.
The work is to be completed within the scheduled time frame and no extension shall be
granted. However, in case of delay in completion of work due to reasons beyond control
of the agency, suitable extension of time may be granted by the employer for which the
agency will make request to the employer, subject to other conditions.
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Annexure
Consulting Services
66
CONTRACT AGREEMENT
FOR
CONSTRUCTION OF UNIVERSITY OF HEALTH
SCIENCES, KARNAL AT KUTAIL
between
and
Dated:
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This agreement (“Contract”) is entered into on this day the ___day of ___ , 2012
Between Governor of Haryana, acting through the Financial Commissioner & Principal Secretary to
Govt. of Haryana, Health & Medical Education Department, Chandigarh (hereinafter referred to as
“Employer” which expression shall unless repugnant to the context or meaning hereof mean and
include its successors or assign) of the First Part; and
WHEREAS
(a) the Agency, having represented to the “Employer” that he has the required professional skills,
personnel and technical resources, has offered to provide in response to the Request for
Proposal dated issued by the Employer ;
(b) the “Employer” has accepted the offer of the Agency to provide the services on the terms and
conditions set forth in this Contract.
Article 1: Definitions
The following terms shall have the meanings hereby assigned to them for the purposes of this
Agreement unless defined otherwise:
‘Approval’ shall mean written or verbal instructions, directions and consent provided by
Employer from time-to-time relating to the Project.
‘Agreement/Contract’ shall mean this contract agreement signed by and between Employer
and the Agency including all its attached documents, Annexures hereto, technical and financial
proposal submitted by Agency, downloaded RFP and any amendments made thereto in
accordance with the provisions contained in this agreement.
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‘Contractor’ means any agency or agencies appointed by Agency, for carrying out
construction of or supply for the Project.
‘Core Group’ means the group constituted by Employer comprising senior officials of
associated departments / agencies for discussions and providing prompt clearances for utility
diversion / traffic diversion Proposals and also day to day administrative decisions, for smooth
execution of the Project.
‘Detailed Estimated Cost’ shall mean the cost estimate based on the detailed design drawings.
‘Project/Work Contract’ shall mean any/all contract(s) to be entered into by the Agency with
the contractor/contractors for all civil works, electrical works, PHE works & HVAC works etc.
as per provisions specified in RFP.
‘Project Fund’ shall mean the Project account to be operated and maintained by Agency with
funds to be deposited by Employer for meeting various expenses including those relating to
payment to Contractors, Agency’s Fee and other expenses relating to the Project. The interest
accrued shall be credited to the Project Fund.
‘Site’ shall mean the place/land where the institute for which the services as mentioned under
the scope of work for the Project are to be carried out and the details of which are provided in
the RFP. Institute may be located on one or more parcel(s) of land.
2.1 Subject to the provisions of this Contract, Agency shall be responsible for discharging the
Scope of Services set out in Annexure 1.
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shall not accept for its own benefit any trade commission, discount or similar payment in the
discharge of its obligations hereunder and the Agency shall ensure that its personnel, agents,
sub-agencies, etc. similarly shall not receive any such additional remuneration. The Agency
shall at all times perform its responsibilities hereunder in the best interest of Employer. Any
discounts or commissions obtained by the Agency in exercise of its responsibilities hereunder,
whether from sub-agencies, Contractor or any third parties shall be to the account of Employer.
3.6 Insurance and other liabilities to be taken out by the Agency:
The Agency shall:
(i) Take out and maintain, and shall cause any sub-agency to take out and maintain at their
(or the sub-agency’s as the case may be) own cost insurance against the risks, and for
the coverage, as specified in (a) to (c) below:
(a) Third party motor vehicle liability insurance as required under Motor Vehicle Act 1988 in
respect of motor vehicles operated in India by the Agency or its personnel or any sub
Agency or its personnel for the period of this Agreement;
(b) Employer’s liability and worker’s compensation insurance in respect of the personnel of
the Agency and of any sub Agency, in accordance with relevant provisions of the
applicable law, as well as, with respect to such personnel, any such life, health accident,
travel or other insurance as may be deemed appropriate by Agency; and
(c) Insurance against other risks that Agency may consider reasonably appropriate.
(i) At Employer’s request, provide evidence to Employer showing that such insurance has
been taken out and maintained and that the current premiums there for have been paid.
(ii) The Employer shall not have any liability in case of litigation /loss or damage to any
worker(s) employed by the agency or contractor during the execution of the project.
(i) Keep accurate and systematic accounts and records in respect of the services rendered by
it hereunder, in accordance with accepted accounting principles and in such form and
detail as will clearly identify all relevant time charges and cost, and the basis thereof; and
(ii) Permit Employer or its designated representative periodically, and up-to two years from
the expiration or termination of this Agreement, to inspect the same and make copies
thereof as well as to have them audited by auditors appointed by Employer.
3.8 Reporting Obligations
The Agency shall submit to Employer, in connection with the Project such information, reports
and documents in such form, numbers and within the time period as Employer may reasonably
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require. The receipts towards Project Fund and expenditure incurred therefrom shall be
reported by Agency to Employer on monthly basis in the form prescribed by Employer and
also at such times Employer so requires.
3.9 Documents prepared by the Agency to be the Property of Employer
All plans, drawings, specifications, designs, reports and documents prepared by or through the
Agency for Employer under this Agreement together with all intellectual property rights therein
shall become and remain the property of Employer. The Agency shall, upon termination or
expiration of this Agreement, deliver all such plans drawings, specifications designs, reports,
documents etc. to Employer, together with a detailed and proper inventory thereof.
3.10 Employer hereby expressly authorizes Agency to conduct the tender process (including but not
limited to preparation of tender documents, setting out pre-qualification criteria, invite tenders,
evaluate Proposals received), for and on behalf of Employer. Based on work requirements,
Agency may decide to split the entire work in to more than one package.
3.11 Agency shall provide necessary assistance to Employer in preparation and submission of
necessary applications with details and in making representations before the appropriate
authorities for obtaining the necessary approvals / clearances for the Project.
3.12 Take all necessary decisions as per the provisions of the Project Contract including approval of
any variation / deviation / extra item of work / change in scope of work/ extension of time /
price adjustment etc. for the smooth implementation of the project. However, any variation
beyond 20% for any individual item of bill of quantities and beyond 15% variation of the
Project Contract value shall be referred to the Employer for written approval.
3.13 Agency may undertake its obligations either on its own or may appoint any other agencies for
the discharge of its obligations. However, appointment of any other agencies shall not relieve
the Agency of any of its obligations under this Contract. The terms of any sub-contract shall be
subject to and conform to the provisions of this Contract.
3.14 Issue letter of award and to sign Project Contract with the Contractor.
3.15 Approve the concept drawings including other submissions
3.16 On completion of the said works, Agency will hand over the said works to Employer. For this
purpose all documents required in the form of completion plans, services etc. shall be
finalized/prepared by Agency and handed over to Employer.
3.17 Final reconciliation of account with Employer shall be done by Agency within three months
after the financial liabilities with respect to the said works has been finalized and paid (and also
from time to time as and when required by the Employer).
3.18 Any dispute arising out of the operation of the Project Contract(s) for the subject work will be
subject to arbitration as provided for in the Project Contract with the Contractor. Agency will
defend the arbitration proceedings as best as it can and challenge the same before court. Any/all
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expenses borne by Agency by way of litigation cost shall be paid to Agency by Employer over
and above Agency’s remuneration and as per actual cost incurred. However for disputes
attributable to Agency no payment towards litigation expenses shall be made by Employer.
(i) The Agency shall be liable to pay as liquidated damages 0.25% of the fee of applicable
services for delay of each week or part thereof in completing the same with respect to its
stipulated schedule.
(ii) Notwithstanding anything to the contrary contained herein, in case, the agency fails to
successfully implement the project as per the provisions of the agreement, employer shall
have the right and be entitled to recover a sum equal to 10% of the agency fee (as
specified in Annexure-3, Part A), as liquidated damages from the agency. The Parties
agree that this is a genuine pre-estimated loss that employer would suffer, in terms of loss
of reputation, goodwill and faith and disruption in services to citizens, on account of the
agency’s failure to successfully implement the project. The liquidated damages shall be in
addition to other remedies available to employer under the agreement and applicable
laws, including forfeiture of consultancy fee.
(iii) The agency shall provide liquidated damages clause in their contract with the contractors
for recovery @ 1% per week of delay subject to a maximum of 10% of the award value
of the work as per CPWD guidelines.
(iv) If the work is carried out in violation of the approved plan of the project/contract, the
agency shall get the same rectified at the cost of the contractor to the satisfaction of the
employer.
Article 4: Obligations of Employer
4.1 Employer agrees to provide all the requisite support to Agency to enable carrying out the
activities listed under the Scope of Services. Such support by Employer will include sharing of
all the information, records, data, reports, all drawings of existing structure and utilities etc.
prepared either by Employer, itself or through other Agencies/ advisors on the Project, any
other information about the Project relevant to the work being carried out under this
Agreement, assigning of any Employer manpower resources, whenever and wherever required
and obtain/accord the necessary decisions and approvals to enable expeditious execution of the
Scope of Services.
4.2 Handover the Project Site free from encumbrances including but not limited to have the Site
vacated from the users / allottees / lessee and other encroachments if any and arrange their
relocation etc. as required for implementation of the Project.
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4.3 For undertaking various surveys and studies, Employer shall provide peaceful access to the
Project Site and other facilities, etc. which may be necessary for carrying out the Scope of
Services.
4.4 Employer shall constitute a Core Group comprising senior officials of associated departments/
agencies for discussions and providing prompt clearances for utility diversion/ traffic diversion
Proposals and also day to day administrative decisions for smooth progress of works.
4.5 Designate a representative, who shall be fully acquainted with the Project and has authority to
communicate approvals of Project Construction Budgets, changes in the Project, render
decisions promptly consistent with Project Schedule and furnish information expeditiously.
4.6 Issue all appropriate necessary request/ letter/ instructions for effective and prompt sanctions,
approvals, permissions and other act, as may be required, by officials, agents and
representatives of the respective Government departments for the implementation of the
Project.
4.7 Employer shall deposit sufficient funds as per procurement laws drawn in CPWD works
manual in advance in the Project Fund for payments of bills of the Contractor, Agency’s
remunerations and other expenses related to the Project. After scrutiny of the bill(s), the
Agency shall make payments due to the Contractor. The copies of such bills duly certified
along with the statement of utilization of Project Fund shall be submitted to Employer on
monthly basis by the Agency, If Employer has any observations to make, it shall be conveyed
within 10 days from the date of intimation. Employer agrees to accord sanctions and replenish
Project Fund with the Agency timely so that the work progress is not hampered.
4.8 The agency shall be the first respondent to the Contractor(s) and any other agency(ies) in any
dispute/arbitration. The expenditure incurred by Agency in defending the arbitration / litigation
cases shall be paid by the Employer as part of project cost, if contingencies so arises.
Article 5: Fees for Services & Payment of taxes etc.
5.1 In lieu of the Services rendered hereunder, Employer shall pay the mutually agreed fees to the
Agency, as set out in Annexure 3 (“Agency’s Remuneration”).
5.2 Agency shall draw its due Remuneration from the Project Fund only after written sanction/
approval from employer on satisfactory work done by the agency.
5.3 All the applicable taxes shall be borne by the employer or agency as per law unless otherwise
specified.
5.4 All out of pocket expenses such as travel expenses/commissions etc. shall be borne by the
agency.
5.5 Payment shall be made to the Agency after due verification by the employer after deduction of
taxes as applicable within four weeks.
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Article 6: Effectiveness, Commencement, Expiry and Termination of the Agreement.
6.1 The Agency shall make all reasonable efforts to have the Project implemented within time
period of 36 (thirty six) months from the date of commencement of assignment. The agency
shall be held responsible for any delay in construction/implementation of the Project, for
reasons exclusively attributable to the Agency.
6.2 Agency shall fulfil its obligations in accordance with this Agreement. Any unexcused delay by
the Agency in the performance of its obligations under this Agreement shall render the Agency
liable to Termination of the Agreement;
Provided that the Employer may terminate this Agreement by giving written notice to the
Agency of such intended termination and specifying the effective date thereof, at least (30)
thirty days before the effective date of such termination; provided, however, that the Agency
may correct/remedy or commence to correct/remedy its alleged default at any time prior to the
proposed date of termination, in which event, the Termination Notice may be withdrawn by
Employer if it is satisfied by the pace of work or correction of defects. If the Agreement is
terminated by Employer for cause as provided herein, the Agency shall be paid for the services
rendered till the effective date of termination (after adjustment of all necessary deductions
including LD if any etc. as due to the Agency) and thereafter receive no further compensation.
6.3 The agency shall submit a calendar/work chart for execution of the project in the DPR for
approval by the employer (Govt. of Haryana) including all bar charts, completion schedules as
required from time to time so as to complete the work in time.
6.4 Notwithstanding anything to the contrary contained herein, upon Termination of this agreement
due to an agency’s Event of Default, employer shall have a right to get the project completed
and/or services delivered thorough a third party, at the risk and cost of the agency. In such a
case employer shall retender for the remaining areas/services and the agency shall be liable to
the employer for any excess costs for such similar services, if any.
7. 1 In the event of any dispute of whatever nature howsoever arising under or out of or in relation to
this Agreement that cannot be mutually resolved by the parties within 30 (thirty) days of service
of written notice by one party to the other clearly setting out the dispute in question, the same
shall be settled by way of arbitration proceedings to be conducted by a sole arbitrator to be
appointed by the Employer. The arbitration proceedings shall be held in accordance with the
Arbitration and Conciliation Act, 1996, or any subsequent enactment or amendment thereto.
Award of the sole Arbitrator shall be final and binding on both the parties. The venue of the
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arbitration shall be only at Chandigarh. The language of the arbitration and the award shall be
English. Subject to the foregoing, the Parties agree to subject themselves to the jurisdiction of
competent courts at Chandigarh alone to try and adjudicate upon any matter concerning this
Agreement. However, any award passed in pursuance of the arbitration proceedings may be
executed by any court of competent jurisdiction anywhere.
7.2 It is expressly agreed that the Agency (including its sub-Agencies, contractors, agents, etc.) shall
continue to perform the services uninterruptedly pending the resolution of any dispute between
the Employer and Agency, timely and satisfactory completion of the Project being of the
essence of this Agreement. The submission to arbitration of any dispute arising during
construction shall not delay or otherwise affect the continuing performance of the work by the
Agency.
Article 8: Exclusions, Waiver and Amendments, etc.
8.1 Nothing contained in this Agreement shall prevent Agency to pursue their interests in other
States as well as in Haryana and, for that purpose to enter into other partnerships and / or
agreements for specific projects provided such partnerships and / or specific projects are not in
conflict with the present Project.
8.2 Failure by any Party to enforce, at any time, any provision of the Agreement shall not be
construed as a waiver of its right to enforcement of the breach of such provision or any other
provision of the Agreement, or as a waiver of any continuing, succeeding or subsequent breach
of any such provision or other provision of the Agreement or as a waiver of any right under the
Agreement.
8.3 No amendments, modifications, or alterations of or any additions to the terms and conditions of
this Agreement shall be valid unless the same is in writing and agreed to by the Parties.
8.4 This Agreement may be executed in two originals, each of which when executed and delivered
shall constitute an original of this Agreement.
8.5 Nothing contained in this Agreement shall constitute or be deemed to constitute a partnership
between the Parties, and no Party shall hold oneself out as an agent for the other Party, except
with the express prior written consent of the other Party or as provided herein.
8.6 Any date or period as set out in any Article of this Agreement may be extended with the written
consent of the Parties failing which time shall be of the essence.
8.7 Each of the rights of the Parties hereto under this Agreement are independent, cumulative, and
without prejudice to all other rights available to them, and the exercise or non-exercise of any
such rights shall not prejudice or constitute a waiver of any other right of the Party, whether
under this Agreement or otherwise.
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Article 9: Confidentiality
9.1 Neither Party shall disclose to anyone not a party to this Agreement any confidential or
proprietary information as to the other Party’s business affairs which may come to its
knowledge by reason of this Agreement, including without limitation, financial, technology and
business information, trade secrets, any structuring or tax structuring advice provided by
Agency and know-how (collectively, the “Confidential Information”) and both Parties
undertake to treat all Confidential Information as strictly confidential unless it has become part
of the public domain or is required to be disclosed as mandated by applicable law, regulation,
legal process or regulatory authority. The obligation herein stated shall survive the Termination
of this Agreement.
10.1 Subject to the provisions of this Agreement, this Agreement is personal to the Agency and shall
not be capable of Assignment, except with the prior written consent of Employer. The
Assignment rights of the Agency shall be subject to the transferee agreeing to be bound by the
terms of this Agreement and executing a deed of adherence.
11.1 Subject to the provisions of Article 7, this Agreement shall be governed and construed in
accordance with the laws of India and the Parties hereby submit to the exclusive jurisdiction of
the Courts at Chandigarh. Nothing in this Clause shall, however, be deemed to be waiver of the
privileges and immunities available to a United Nations Entity under the Privileges &
Immunities of the UN Act, 1946 and extant conventions to which India is signatory.
12.1 Force Majeure means acts of God (including, but not limited to natural disaster, fire, thunder,
lightning, explosion, earthquake, storm, typhoon, tornado, drought, tidal wave and flood)
terrorist attacks or war (whether declared or not), invasion or an act of foreign enemy or any
judgment or order of any court of competent jurisdiction or statutory Authority whereby a Party
is prevented from complying with its obligations under this Agreement. The period of
compliance with its obligations under this Agreement by the Party affected by the Force
Majeure event shall be extended on a day for day basis for the period during which the Force
Majeure event continues.
12.2 In the event of a Party (affected Party) not being able to perform its obligations pursuant to this
Agreement as a result of a Force Majeure event, such affected Party shall give notice (“Force
Majeure Notice”) to the other Party, as provided in Article 12, of any such Force Majeure event
as soon as reasonably practicable but not later than seven days after the date on which the
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affected Party knew or should have reasonably known the commencement of the Force
Majeure event.
12.3 If the affected Party has taken all necessary steps towards mitigating the effect of a Force
Majeure event, then:
1. the obligations of the affected Party shall be suspended to the extent that they are affected
by the Force Majeure event so long as the Force Majeure event continues;
2. to the extent the performance of the obligations of the affected Party is affected by the
Force Majeure event, the time period for the performance of the obligations of the
affected Party shall be extended by a similar time period on a day to day basis.
12.4 Force Majeure shall not include any event, which is caused by the negligence or intentional
action of a Party or such Party’s sub-agency or agent or employees or, which a diligent Party
could reasonably have been expected to:
(i) Take into account at the time of the conclusion of this Agreement and/or;
(ii) Avoid or overcome in the carrying out of its obligations hereunder.
(i) The Party is duly organized, validly existing and in good standing under the laws of
India;
(ii) The Party has full power and authority to execute, deliver and perform its obligations
under this Agreement and to carry out the transactions contemplated hereby;
(iii) The Party has taken all necessary corporate and other action under Applicable Laws and
its constitutional documents to authorize the execution, delivery and performance of
this Agreement;
(iv) This Agreement constitutes the Party’s legal, valid and binding obligation enforceable
against it in accordance with the terms hereof;
(v) There are no actions, suits, proceedings, or investigations pending or, to the Party’s
knowledge, threatened against it at law or in equity before any court or before any other
judicial, quasi judicial or other authority, the outcome of which may result in the breach
of or constitute a default of the Party under this Agreement or which individually or in
the aggregate may result in any material adverse effect;
(vi) The Party has no knowledge of any violation or default with respect to any order, writ,
injunction or any decree of any court or any legally binding order of any government
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agency which may result in any material adverse effect or impairment of the Party’s
ability to perform its obligations and duties under this Agreement.
14.1 Each party shall indemnify and keep indemnified the other party from and against all
consequences and liabilities arising out of or in any way connected with the indemnifying
party's negligence, fault, nuisance, breach and failure to perform its obligations under this
Contract / Project Contract, except to the extent that the same is attributable to a negligent or
willful act or omission of the party seeking to be indemnified.
15.1 All notices and other communication in respect of this Agreement shall be given in English by
registered airmail, email, postage prepaid or facsimile to the party entitled thereto at its address
as it shall hereafter designate for this purpose:
To Agency:
Attn. :
Attn. : Director
Medical Education & Research, Haryana
SCO No.7, Sector16, Panchkula
Phone No. 0172-2560799
E-mail address: dgmer.haryana@gmail.com
Notice shall be deemed to have been received and shall be effective three days after the date of
mailing in the case of a dispatch thereof any registered air mail, and on the next working day
after the dispatch thereof by facsimile.
IN WITNESS WHEREOF the Parties hereto have put their hand this day and date first above
mentioned.
Signature: Signature:
Name: Name:
Position: Position:
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Witnessed by: Witnessed by:
Signature: Signature:
Name: Name:
Address: Address:
Date: Date:
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Annexure 1
SCOPE OF SERVICES
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Annexure 2
PROJECT DURATION
1. The Project duration shall be 36 (thirty six) months from the date of commencement by
Agency (Excluding the time taken for the approval of DPR from the competent authority of the
client/ department).
2. Construction work shall be carried out in accordance with the implementation schedule as
defined in the Project Contract with the Contractor/s.
3. Employer shall hand over the Project Site free of encumbrances, in line with the agreed
implementation schedule of the Project.
4. Agency shall make earnest efforts to get approvals from statutory bodies by having close
follow-up/ monitoring process without any delay and by taking timely action, within a shortest
possible time so as to ensure to achieve the targets of completion of works in time schedule
already fixed.
5. In case of any delay in completion of the Project due to reasons that are attributable to the
Agency, the Agency shall be liable and responsible.
6. Agency shall provide a Construction schedule to Employer from time to time in the form of a
bar chart and such other relevant means clearly highlighting the crucial activities and requiring
special attention etc. etc.
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Annexure 3
AGENCY’S REMUNERATION
Agency shall be entitled to receive following payments on the basis outlined below, in view of the role
to be performed:
For any additional scope of work, Agency’s Remuneration shall be payable at the same rate as
agreed for the original scope of work after sanction/approval from the Employer. The decision of
Employer would be final and binding on Agency.
E. Project Cost
The Project Cost shall cover the following activities:
(i) Total executed cost of the Project including the work executed by all the Contractors
(including price escalation /variation as per provisions of Project Contract), agencies,
suppliers if any, payments deposited directly by the Employer in connection with the
execution of the said work etc., Cost of any infrastructure provided by the employer shall
be a part of DPR but will not be counted for the purpose of calculation of consultancy fee.
(ii) Cost for modification of the existing infrastructure if any.
(iii) Cost of shifting/ rehabilitation of existing utility services that are affected during project
implementation.
(iv) Cost of HVAC, Sanitary, Fire detection, Fire Alarm & Fire Fighting, security systems,
interior works etc.
(v) Cost of shifting /cutting of affected trees and landscaping works including cost of
replanting trees etc.
(vi) Cost of any other works that may be considered necessary for successful accomplishment
of the Project.
(vii) Cost of Survey work, Soil tests/ geo-technical investigations, design audit by third party,
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(viii) Cost of litigation, if any, with a third party or individual organization to remove legal
barriers in the execution of works.
(ix) Advertisement Charges for issuing Notice Inviting Tenders.
(x) Cost of testing of materials/ workmanship for items for which the Contractor is not required
to pay in terms of the provisions in the Works Contracts.
(xi) Any amount paid /payable to the Contractor(s) towards his claims as considered reasonable
by the Agency /Employer.
(xii) Any amount paid/ payable to the Contractor towards his claims not accepted by the Agency
but decided in favour of the Contractor(s) by an Arbitrator or Court of Law. The amount
will include the Cost involved in defending the stand of the Employer/ Agency in the
Arbitration or Court proceedings. The amount will however exclude the elements of award
of the arbitrator/Court of Law on items which are finally attributed to Gross negligence of
the Agency.
(xiii) Cost of medical equipment procurement, installation and maintenance.
F. The Agency will be paid consultancy fee as a percentage of the financial quote as per the
schedule given below:
Sr. No. Milestone % of Fee Remarks
1 On signing of agreement 02% of fee
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3 On appointment of 10% of Fee Payable on pro-rata based on value of
Contractor(s) / Placing Project Contracts awarded as % of the total
work order on suppliers value of all the Project Contracts to be
awarded.
4 During construction 50% of Fee Payable on quarterly basis progressively on
pro-rata basis in proportion to the value of
the work executed during that particular
period by the agency
5 Training and Operational 08% of Fee
Capacity Building
6 At the time of finalisation 12% of fee
of the project which shall
be the stage of handing
over after defect liability
period.
Total 100% of
Fee
Note 1: Value of the Fee shall be as provided in Section A above only after written approval/sanction
from Employer.
Note 2: The fee for the maintenance services will be payable separately as detailed out in TOR / scope
of work in the RFP at the same rates and terms and conditions after start of maintenance phase.
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