Directorate of Medical Education, Dehradun

TENDER DOCUMENT
Director
Directorate of Medical Education
Dehradun
Uttarakhand
Tender Document (Manual)
for
Procurement of
(Equipments & Instruments for Physiology Deptt. Such as Stage
incubator, Calorimeter, Photo-Electric, Spirometer Ordinary,
Operation Table)
Directorate of Medical Education, Dehradun
1
TENDER DOCUMENT
DIRECTORATE OF MEDICAL EDUCATION, DEHRADUN.
Dear Tenderer,
Kindly find enclosed the general terms & conditions along with the proposed list of
Equipments & Instruments for Physiology Deptt. Such as Stage incubator, Calorimeter, PhotoElectric, Spirometer Ordinary, Operation Table to be purchased by Director, Directorate of Medical
Education, Chandar Nagar, Dehradun (Uttarakhand): It may kindly be noted that this document comprising all sections is given in good faith
and meant to serve only as a guide to the tenderer. The Director Medical Education is not
responsible if any such information is found to be incorrect, partly or in whole and for any deductions,
conclusions or interpretations drawn by the tenderer. It is therefore, imperative that the tenderer must
obtain and examine for himself all the data, information and particulars required for the satisfactory
execution of works. The quantity shown against the items can be increased or decreased to any
extent depending upon the actual requirement at the time of issue of Purchase Order. The Director,
Directorate of Medical Education Dehradun also reserves the right to change any specifications or
incorporate any modifications in the list of items or increase or decrease the scope of work if deemed
necessary, without assigning any reason whatsoever.
DEHRADUN
DATED 9.10.2015
Director
Directorate of Medical Education
Dehradun
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
DIRECTORATE OF MEDICAL EDUCATION
107, Chandar Nagar, DEHRADUN (UTTARAKHAND)
TENDER NOTICE
Sealed Tenders are invited from reputed manufacturers or their authorized Stockist/distributor/dealers only for procurement of different
equipments/items by Director, Directorate of Medical Education, Dehradun (Uttarakhand) for establishment of Doon Medical College,
Dehradun. (Uttarakhand):-
Tender
Sl. No.
Particular of Items
11
Equipment for Physiology Deptt. Such as Stage incubator, Calorimeter photoElectric, Spirometer Ordinary, Operation Table.
Last Date &
time for
submission of
Tender
02.11.2015
¼2.30 P.M)
The Tender booklet containing terms & conditions, item details, specification, can be obtained from Office of the Director, Directorate
of medical education, Dehradun (Uttarakhand), on any working day on submission of Cash/Demand Draft of Rs. 568/- each favouring
Director, Directorate of medical education, Dehradun Payable at Dehradun. The tender will be opened on the same date at 3:00 PM
from the last date of submission of tender as mentioned above. The other information & conditions of the tender is mentioned in the
tender document. The tender booklet can also be downloaded from website www.gmchld.org for downloaded documents the bidder
has to enclose the demand draft for the cost of the tender at the time of submission of tender. The Institution will not be responsible
for any postal delay. The Director, Directorate of medical education, Dehradun reserves the right to reject or accept in full or in part any
or all the tenders received without assigning any reasons thereof.
Note- All the prospective bidder are invited to attend the pre-bid meeting scheduled to be held on 19-10-2015 at 11:30 AM at
Directorate.
Telephone no. (0135) – 2723026 & 2723028, Fax no. (0135) – 2723027
Email- [email protected]
Director
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
Directorate of Medical Education, Dehradun.
TENDER DOCUMENT
CONTROL SLIP
Tender No.
:
Name of the Firm
:
Address of the Firm
:
No. of pages
:
Tender fees
: Rs. 568/-
/11/Directorate/Doon Medical College/Equipments
for Physiology Deptt./ 2015-16
29 (Twenty Seven)
(Rupees Five Hundred Sixty Eight only)
Last date of receiving tenders (time)
:
02.11.2015 (2.30 P.M.)
Date of opening of tenders (time)
:
02.11.2015 (3.00 P.M.)
N.B.
1. Kindly go through the enclosed "terms and conditions" thoroughly. The tender forms
should be complete in every respect.
2. Kindly ensure that different parts of the bid are submitted in clearly marked separate
sealed envelopes.
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
DIRECTORATE OF MEDICAL EDUCATION,
DEHRADUN.
Tel. No: (0135) 2723026
Fax No: (0135) 2723027
TENDER DOCUMENTS
CHAPTER-1
INSTRUCTION TO BIDDER
1. Sealed Tenders are invited from reputed manufacturers or their authorized distributor/dealers only
for the supply of the following Equipments & Instruments for Directorate Medical Education in
Dehradun (Uttarakhand): Tender
No.
11
Particular of Items
Cost of Tender
Document
(1)
(2)
Equipment for Physiology Deptt. Such as
Stage incubator, Calorimeter photoElectric, Spirometer Ordinary,
Operation Table.
Rs. 568/(500+13.5% VAT)
Earnest
Money
Deposit
(3)
Rs. 20,000.00
Last Dt.& time
for Opening of
Tender
(4)
02.11.2015
¼3.00 P.M)
The Tender booklet containing terms & conditions, item details, specification, can be obtained
from Office of the Director, Directorate of medical education, Dehradun (Uttarakhand), on
any working day on submission of Cash/Demand Draft of Rs. 568/- each favouring Director,
Directorate of medical education, Dehradun Payable at Dehradun. The tender will be opened
at 3:00 PM as mentioned above. The other information & conditions of the tender is mentioned in
the tender document. The tender booklet can also be downloaded from website
www.gmchld.org for downloaded documents the bidder has to enclose the demand draft for the
cost of the tender at the time of submission of tender. The Institution will not be responsible for
any postal delay. The Director, Directorate of medical education, Dehradun reserves the right to
reject or accept in full or in part any or all the tenders received without assigning any reasons
thereof. All the prospective bidder are invited to attend the pre-bid meeting scheduled to be
held on 19-10-2015 at 11:30 AM at Directorate.
2. Tenders should be submitted to the Tender Box, Directorate of Medical Education, 107,
Chander Nagar, Dehradun (Uttarakhand) under sealed cover latest by 02.11.2015 (2.30 P.M)
after which no tender shall be entertained. The Director, Directorate of Medical Educaiton,
Dehradun reserves the right to reject one or more tenders without assigning any reason thereof.
3. The Tender forms should be clearly filled in ink legibly or type written giving full address of the
tenderers.
4. The tenderers should quote the rates and amount tendered by him/ them in figures as well as in
words. Alteration if any unless legibly attested by the tenderers, with their full signature, shall
invalidate the tender.
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
5. The tenders should be signed by the tenderer himself/ themselves or his/their authorized agent on
his/their behalf. In case the tender is signed by the authorized signatory/agents, the authority letter in
their favour shall be enclosed with the tender.
6. Sealed tenders are to be submitted as per the format submitted in two parts i.e; Part- I Technical bid
& Part- II Financial bid. The original format of technical & financial bid (As is given in
Annexure "A" & "B" in chapter-6) should be duly filled up and to be submitted along with
desired documents in respective parts of the bid.
7.
True attested copy of sales tax registration certificate upto date, Turnover proof, Sales tax clearance
certificates/ latest VAT Challan Slip attested by a gazetted officer/self attested along with original
affidavit of Rs 10/- Stamp Paper stating that the firm has never been black listed and required
FDR/Bank Guarantee as EMD, must be attached with the tender Part-I (Technical Bid. The
technical bid of the tenderer must also contain the name of the items quoted, its serial no. (as is
given in the Tender Document), detailed specification, company catalogue, list of accessories, brand
name etc.along with dealer/distributor's authorization certificate (if quoted other than
manufacturer). Otherwise the tender may be considered for rejection.
8.
The tenderer should clearly state whether they are the manufacturers, accredited agents, sole
representatives of the Principals along with attested certificate confirming their status in the
Technical bid.
9.
The Tenderer should submit the details of earlier supplies made in India of the offered equipments &
Instruments and submit the user certificate in this regard in the technical bid.
10.
The tenderer will arrange to demonstrate at Doon Medical College, Dehradun site the offered model
for technical evaluation within 15 days time from date of opening of Technical bid or as per the
decision of Purchase Committee. Failure to demonstration of the offered item by supplier in
stipulated period will attract rejection of the bid. In case the item/equipment cannot be demonstrated
at college site due to technical reason the bidder may arrange the demonstration on any other
nearest place with the written permission of competent authority as a special circumstance. But all
the cost pertaining to attending the said demonstration by technical & purchase committee member
will be said bidders account.
11.
The Tenderer must submit the technical compliance statement on the offered equipments &
Instruments in comparison to required specification of the tender. The deviation must be clearly
highlighted against each point. The compliance statement must be enclosed in technical bid along
with product data sheet.
12.
Maximum supply time complete in all respect including commissioning at site should be within four
(04) weeks from the date of purchase order. All the delivery schedule with definite date of delivery &
commissioning which should not be more than four (04) weeks at destination Directorate of
Medical Education, Dehradun (Uttarakhand) taking into cognizance of all lead times must be
indicated in the Tender Part-II (Financial bid).
13. The tenderer should take care that the rates and amounts are written in such a way that interpolation
is not possible. Price should be duly typed in words as well as in figures. No blank space should be
left, which would otherwise make the tender liable to rejection.
14.
The tenderers shall use the original tender format as enclosed in the tender booklet for
submitting their offer duly signed by them on each page. Item wise rates indicating units can
be offered on letterhead of the firm. Additional pages may be attached for providing supplementary
information wherever needed. No Financial information should be given in the Technical Bid
(Chapter-6, Part-I, Annexure “A”) Otherwise it will be considered for rejection.
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
15. The price proposal of 08 years Labour Annual Maintenance Contract (LAMC) & Comprehensive
Annual Maintenance Contract (CAMC) of the quoted equipment as per enclosed format on
page no. 24 of this Tender Document should be submitted in Financial Bid. (Part- II) In
absence of that the Tender may be rejected. The Financial Bid will be evaluated taking
equipment price & eight (08) years CAMC price into consideration. The service tax on AMC &
CAMC must be clearly mentioned whether inclusive or exclusive. If exclusive, rate must be
mentioned clearly. The Price bid information may also be given on soft copy (i.e CD/floppy) & to be
kept in Financial Bid Envelope. The Price proposal of LAMC/CAMC should be Quoted in Indian
Rupees only. If the rate of VAT/Service tax are not mentioned clearly, it will be presumed that the
quoted price are inclusive of VAT/ Service tax.
16. The tenderer must submit an undertaking from the manufacturer/Principal company that “The
manufacturer/Principal company will ensure smooth services to the equipment and supply of parts
through alternative network if the distributor/dealer or Indian agent failed to provide LAMC/CAMC &
warrantee services to the equipment”. They will also undertake to ensure the supply of the parts for
the equipment for 10 years from the date of purchase/commissioning.
17. The tenderer and its manufacturer must agree to the condition as mentioned in Labour Annual
Maintenance Contract (LAMC) & Comprehensive Annual Maintenance Contract (CAMC)
agreement format enclosed in page 24 to 28 of the tender booklet. The successful tenderer is also
required to submit the Bank Guarantee agreement (CAMC/LAMC) enclosed on page no. 29 of the
tender document.
18. The Part-1 (Technical bid) & Part-2 (Financial bid) along with required documents should be
sealed in separate envelopes subscribing as Technical bid & Financial bid respectively on top of it
along with the name & address of the bidder. Further the bidder must put both the sealed envelopes
into a big envelope and sealed it properly and subscribing its name & address in left hand corner
along with the tender reference number on top of it.
19. Rs. 20,000.000 (Rupees Twenty Thousand only) shall be deposited by the Tenderer as Earnest
money deposit (EMD). Earnest money shall be paid in the form of Fixed deposit receipt pledged
to Director, Directorate of Medical Education Dehradun or Bank Guarantee in favour of the
Director, Directorate of Medical Education payable at Dehradun. The EMD should be enclosed
with the Part- I (Technical bid) of the tender failing, which the tender will be rejected. EMD in any
other form will not be accepted.
20. In case of indigenous goods the price quoted should be in Indian Rupees & on F.O.R. site Director,
Directorate of Medical Education, Dehradun (Uttarakhand) basis inclusive of all levies and
duties except taxes wherever applicable which should be indicated in the offer clearly. The rates of
sales/ trade tax should be clearly indicated wherever chargeable. If the rates of VAT/Tax etc are not
mentioned it will be presumed that the quoted rates are Inclusive of VAT/Tax.
21.
the tenderer should submit the price offer in foreign currency for FOB Value. Insurance, freight up
to Haldwani and Agency commission if any should also to be mentioned separately. The offer
should also indicate what is the present custom tariftr/duty including Excise duty for said item under
import. The charges for carrying & forwarding, Custom Clearing Charges etc. if any should also to
be mentioned separately for the said items for delivery at hospital site. The tenderer can also quote
the said items in Indian Rupees on FOR site basis Director, Directorate of Medical Education,
Dehradun (Uttarakhand) (Uttarakhand) Rates of Trade Tax/Other taxes/Duties chargeable should
also be indicated clearly.
22. The tenderer has to ensure to enclose the following documents in their bid otherwise the tender may
be rejected.
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
Check List of Documents
Sl. No.
A.
Documents
Document to be enclosed in Technical bid envelops:
1. EMD Amount (In shape of BG/FD).
2. Dully filled up from as given in annexure ‘A’ of the tender booklet.
3. Copy of Trade tax/central trade tax/VAT registration certificate
4. Trade tax clearing certificate/latest VAT Challan.
5. Notarized Affidavit in Rs.10/- stamp paper.
CA Certified turnover certificate for last three financial year or CA Certified balance
6. sheet showing turnover/sales for last three year.
Authorized letter of dealership or industry registration certificate in case of
7. manufacturer.
8. Technical details & catalogue of the quoted items,
9. Any other documents relevant to tender.
B.
Document to be enclosed in Financial bid envelops:
1. Dully filled up from as given in annexure ‘B’ of the tender booklet.
2. Price information on prescribed price bid format.
3. Any other documents relevant to tender.
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
CHAPTER-2
CONDITION OF CONTRACT AND RESTRICTION
The said tender will be governed by following terms and conditions.
1. Only manufacturers/ Principal Company and their authorized distributor/dealers are eligible for
participation in this tender. The tenderers having minimum turnover of Rupees Five Lakhs Per
year from the said business for the last three financial years are eligible for participation in the
tender. In case the tender is submitted by the foreign country manufacturer through its Indian
agent/distributor the turnover of either manufacturer or the agent/distributor will be
considered for the turnover clause. Sub-letting is not allowed. Documentary proof such as
authorization/dealership certificate, 3 years Chartered Accountant Certified balance sheet showing
turnover of said business/turnover certificate to be enclosed by the tenderer in the Technical Bid.
Otherwise the tender will not be considered.
2. The tenderer would be deemed to have considered and accepted all the terms and conditions
mentioned in these tender documents. No enquiries, verbal or written shall be entertained in respect
of acceptance or rejection of the tender. Any action on the part of the tenderer to influence any person
of the organization will make the tender liable to rejection.
3. The number/ quantity shown in the list of items may be increased or decreased to any extent
depending upon the actual requirement and the order for supply can be divided into quarterly/monthly
requirement basis as per the discretion of the Director, Directorate of Medical Education, Dehradun.
4. The Director, Directorate of Medical Education, Dehradun reserves the right to cancel/reject in full
or in part any tender without assigning any reasons and to relax (to any degree) one or more of the
conditions of this tender in any case.
5. The tenderer shall specify after sales services/facilities during and after the effective
guarantee/warranty period. The tenderer shall also confirm to free installation/ commissioning,
demonstration and training of the concerned staff of the department.
6. In the case of placement of Purchase Order, the Vendor (the tenderer whose tender is accepted) shall
have to confirm the non-acceptance of the Purchase Order on or before three (3) days from the date
of the dispatch of Purchase Order, otherwise it will be deemed that the offer is acceptable to the
Vendor.
7. The Director, Directorate of Medical Education, Dehradun or the authorized representative may in
writing make any revision or change in the Purchase Order, including additions or deletions from
the quantities originally ordered or in the specifications or drawings. If any such revision/change
affects the price or delivery, the same shall be subjected to the adjustment of price/delivery, where
required on a reasonable basis by mutual agreement in writing. The Vendor should communicate this
within 7 days of the date of dispatch of such orders by the Director, Directorate of Medical
Education, Dehradun
8. The Director, Directorate of Medical Education, Dehradun reserves the right to cancel the
Purchase Order or any part thereof and shall be entitled to revise the contract wholly or in part by a
written motion to the Vendor, if (a)The Vendor fails to comply with the terms of the Purchase Order
including specifications and other technical requirements. (b) The Vendor becomes bankrupt or
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
goes into liquidation. (c) The Vendor fails to deliver the goods in time and/or does not replace the
rejected goods promptly. (d) A receiver is appointed for any of the property owned by the Vendor.
9.
Upon receipt of the said cancellation notice, the Vendor shall discontinue all work of the Purchase
Order and matters connected with it.
10. Rs. 20,000.00 (Rupees Twenty Thousand only) shall be deposited by the Tenderer as Earnest
money deposit (EMD). Earnest money shall be paid in the form of Fixed deposit receipt pledged
to Director, Directorate of Medical Education, Dehradun or Bank Guarantee in favour of the
Director, Directorate of Medical Education payable at Dehradun. The EMD should be enclosed
with the Part- I (Technical bid) of the tender failing, which the tender will be rejected. EMD in any
other form will not be accepted.
11. Successful bidder will have to submit security deposit/performance security to the tune of
10% of the order value. Security deposit shall be furnished in the form of Fixed deposit receipt
pledged to Director, Directorate of Medical Education, Dehradun or Bank Guarantee in favour
of the Director, Directorate of Medical Education payable at Dehradun. The security deposit/
performance security is refundable/valid sixty days beyond the date of completion of all
contractual obligations of the supplier/bidders including warrantee/guarantee obligation.
12. No Interest is payable by Directorate of Medical Education Dehradun on the EMD and
Security deposit amount.
13. Unless otherwise specified in the order, the order price shall remain firm and will not be subjected to
escalation of any description during the pendancy of the order, not withstanding the change in the
cost of material, labour and/ or taxes variations, duties and other levies on raw materials and
components that may take place while the order is under execution even if the execution of the
order is delayed beyond the completion date specified in the order for any reason whatsoever. But if
the price of the any item goes down the benefit of decrease price to be extended by the successful
tenderer to the Directorate of Medical Education Dehradun.
14. In case of indigenous goods the price quoted should be in Indian Rupees & on F.O.R. Directorate
of Medical Education Dehradun (Uttarakhand) basis inclusive of all levies and duties except taxes
wherever applicable which should be indicated in the offer clearly. The rates of sales/ trade tax
should be clearly indicated wherever chargeable.
15. In case of imported goods the tenderer should submit the price offer in foreign currency for
FOB Value. Insurance, freight up to Dehradun and Agency commission if any should also to
be mentioned separately. The offer should also indicate what the present custom tariff/duty
is including Excise duty for said item under import. The charges for carrying & forwarding,
Custom Clearing Charges etc. if any should also to be mentioned separately for the said
items for delivery at hospital site. The tenderer can also quote the said items in Indian
Rupees on FOR site basis Directorate of Medical Education Dehradun (Uttarakhand). Rates
of Trade Tax/Other taxes/Duties chargeable should also be indicated clearly. If the rates of
VAT/Trade Tax are not mentioned it will be presumed that the quoted rates are Inclusive of
VAT/Trade Tax.
16. The offer of the tenderers shall remain valid upto 1st November 2016. No change in rates, terms and
condition will be allowed during the validity of the said tender.
17. All goods or materials shall be supplied by the Vendor strictly in accordance with the specifications,
other attachments and conditions stated in the tender offer and Purchase Order and alterations of
these conditions shall not be made without the permission of the Director, Directorate of Medical
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
Education Dehradun in writing, which must be obtained before any work against the order is
commenced.
18. The supplier shall provide guarantee/warrantee to all the materials/goods/equipment for a
minimum period of 24 (twenty four) months from the date of the delivery & satisfactory
installation of the Items. The guarantee on materials/goods/equipment will cover any trouble or
cheating originating with the manufacturing, design, materials, workmanship, non-supply of any
standard attachment or operating characteristics. The supplier shall have to make at site repair and
replacement of defective parts to permit the material to function in accordance with the
specifications and to fulfill the foregoing guarantees at the earliest to the satisfaction of authorized
representative of Directorate of Medical Education Dehradun.
19. In case of any trouble or defect originating as per clause 17 & 18 then the supplier will have to
furnish and install the proper materials/equipment and the cost of such materials/equipment will not
be borne by the Director, Directorate of Medical Education Dehradun and the replaced
materials/equipment shall be similarly guaranteed/Warranted for remaining period or 24 (twenty
four) months from the date of the satisfactory supply & installation of the equipment whichever is
least.
20. The supplier will be provide the service during warrantee period without any delay. The delay in
service causing breakdown beyond 48 hours will affect penalty @ 0.1% of equipment value per day
basis.
21. In case of delay in providing the warrantee services the Director, Directorate of Medical
Education Dehradun may remove any defective materials, at the supplier's expense.
22. In the event that the items /materials supplied do not meet the specifications and/are not in
accordance with the drawings data sheets or the terms of the Purchase Order and rectification is
required at site, the Directorate of Medical Education Dehradun shall notify to the supplier giving
full details of differences. The supplier shall attend the site within 3(three) days of receipt of such
notice to meet and agree with representative of the Directorate of Medical Education, Dehradun
about the action required to correct the deficiency.
23. If the supplier fails to attend meeting at site within the time prescribed above, the Directorate of
Medical Education, Dehradun may immediately get the same rectified and supplier shall reimburse
to the Government Medical College all costs and expenses incurred by the Directorate of Medical
Education Dehradun in removing such trouble or defect.
24. All equipment/ materials/ ltems supplied by the Vendor, in pursuance to this tender irrespective of
whether the engineering, design-data or other information has been furnished, reviewed or
approved by the Directorate of Medical Education, Dehradun shall be guaranteed to be of the best
quality of their respective kind (unless otherwise specifically authorized in writing by the Director,
Directorate of Medical Education Dehradun and shall be free from faulty design (to the extent
such design is not furnished by the Directorate of Medical Education, Dehradun), workmanship and
materials and to be of sufficient size and capacity and of proper materials so as to fulfill all
conditions in all respects and operating conditions, if any specified in the Purchase Order.
25. The supplier shall furnish a performance security of 10% of the equipment value to all the
material/goods for a minimum period of 26 month against the satisfactory performance of the
equipment during the effective guarantee period and this will be released after the completion of
the said period.
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
26.
In case of indigenous goods 80% payment would be released initially (i.e. within 60 days from
the date of receipt or inspection of complete items / equipment at the ( Directorate of Medical
Education Dehradun (Uttarakhand) whichever is later) and the balance 20% would be released
after satisfactory testing of the equipments/instruments, submission of performance bank
guarantee, LAMC/CAMC and other relevant papers pertaining to all statutory clearances (to be
done at the Vendor's end).
27. In case of imported items the letter of credit will be established on 100% of C.I.P. destination
value with the condition that 80% payment wil`l be made on delivery at site and balance on
satisfactory testing/installation of the equipments/instruments, submission of LAMC/CAMC and
other relevant papers pertaining to all statutory clearances (to be done at the Vendor's end).
28. Delivery time period shall be a maximum of (04) four weeks from the date of purchase order
and no variation shall be permitted normally without prior authorization obtained from competent
authority.
29. In the event of delay in making delivery by the supplier, it will be at the discretion of the
Directorate of Medical Education Dehradun to receive delivery or Purchase from other
available source at higher price and the differential amount of said purchase can be recovered
from the supplier’s pending payment/ EMD/ security.
30. Forced Majeure shall mean and be limited to the Any war/ hostilities, Any riot or civil commotion,
Any earthquake, flood, tempest, lightning or other natural physical disaster, Any strike, or lock
out (only those exceeding 10 continuous days in duration) affecting the performance of the
supplier's obligation.
31. The supplier shall intimate the Directorate of Medical Education Dehradun by a registered
letter duly certified by Local Chamber of Commerce or Statutory authorities, at the beginning
and end of the above causes of delay, within seven (7) days of occurrence and cessation of
such Forced Majeure conditions. In the event of delay lasting for over one month, it arising out
of causes of Forced Majeure, the Directorate of Medical Education Dehradun reserves the
right to cancel the order and the provisions governing termination stated under Articles Act shall
apply.
32. In the event of delay in delivery and/ or unsatisfactory manufacturing progress and supply, the
Directorate of Medical Education Dehradun has the right to cancel the Purchase Order in
whole or in part without liability for cancellation charges.
33. In the event of rejection of non-conforming goods the Vendor shall be allowed, without any
extension of delivery time to correct the non-conformities. Should however the Vendor fail to do
so within the stipulated time, the Directorate of Medical Education Dehradun may cancel the
order.
34. No payment shall be made for rejected goods/ materials nor the suppliers would be entitled to
any claim for such ltems /materials.
35. Rejected goods /materials would be removed by the suppliers from the site within two weeks of
the date of rejection at their own cost. In case the goods/ materials are not removed, they will be
auctioned at the risk and responsibility of the suppliers without any further notice.
Directorate of Medical Education, Dehradun
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TENDER DOCUMENT
36. For delays arising out of Forced Majeure, the supplier shall not claim extension in completion
date for a period exceeding the period of delay attributable to the causes of Forced Majeure and
neither the Directorate of Medical Education Dehradun nor the supplier shall be liable to pay
extra cost provided it is mutually established that Forced Majeure conditions did actually exist.
37. The supplier shall categorically specify the extent of Forced Majeure conditions prevalent in his
works (such power restriction etc.) at the time of submitting the bid and whether the same have
been taken into consideration or not in the quotations.
38. In case of not honoring the Purchase Order the Director, Directorate of Medical Education
Dehradun will have the right to impose penalty as deemed fit and to resort to make purchase at
the supplier's cost and risk and also to forfeit the security deposit/EMD/Performance Bank
Guarantee of the supplier or to impose penalty as deemed fit.
39. In the case of non-supply of equipment/materials within the stipulated period, it will be at the
discretion of the Director, Directorate of Medical Education Dehradun to accept delivery with
late delivery clause @ ½% per week to the maximum extent of 5% of the ordered value hor
delayed supplies as liquidated damages.
40.
All disputes and questions, if any arising between the Directorate of Medical Education
Dehradun and the Vendor out of or in connection with the terms and conditions contained
herein as to the construction or application thereof, or the respective rights and obligations of
the parties there under or as to any clause or thing herein contained or by reason of the supply
or failure or refusal to supply any ltems /materials or as to any other matter in any way relating to
these, shall be referred to a single arbitrator, in case the parties agree upon one, otherwise two
arbitrators, one to be appointed by the Vendor and the other by the Directorate of Medical
Education Dehradun and an umpire in accordance with and subject to the provision of Indian
Arbitration Act, 1940 for any statutory replacement or modifications thereof for the time being in
force. The venue of such arbitration shall be at Dehradun, Uttarakhand (India). The decision of
the arbitrator shall be final and binding upon both the parties. The jurisdiction of Dehradun
Courts only shall be the venue for settling legal disputes if any.
Director
Directorate of Medical Education
Dehradun
Directorate of Medical Education, Dehradun
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CHAPTER-3
The requirement of goods for Directorate of Medical Education is as follows:Sl.No.
Description of Items
Qty.
1
Stage incubator
01
2
Calorimeter photo-Electric
01
3
Spirometer Ordinary
10
4
Operation Table
01
Directorate of Medical Education, Dehradun
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CHAPTER-4
TECHNICAL DETAIL OF THE PRODUCTS:Sl. No.
Name of the items
1
Stage incubator
2.
Calorimeter photoElectric
Specifications
Qty.
Temperature range should be 3°C above room
temperature to 50°C
Temperature control accuracy should be as
follows: ±0.3°C (Chamber temperature
feedback) ±0.2°C (Specimen temperature
feedbac k)
Should have Electric Heating Technology
Should have Chamber temperature feedback and
Specimen temperature feedback
CO2 range should be 0 to 100%
Manufacturer should have ISO certification for
quality standards
• Digital photo colorimeter with eight filters rotary
assembly. Mains operated. Sample size 1ml.
01
• Std. Glass Filter 8
• Filters: 400nm, 420nm, 480nm, 500nm, 520nm,
540nm, 620nm & 680nm
• Display: 2½ Digit bright red LED
• Range: 400-700 nm
• Output: OD (0 to 1.99)
Resolution: OD : 0.01
Accuracy: 0.5% FSI
Detector: Selenium Photocell
Light Source: 6.8v, 300mA Tungsten Lamp
Accessories: Test Tube set of 5, Spare Lamp, Dust
Cover, Manual
Power: 230V AC, 50Hz
Directorate of Medical Education, Dehradun
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Sl. No.
Name of the items
Specifications
Qty.
3
Spirometer, Ordinary
Ultrasonic flow sensor for TOTAL infection
control
Easy to operate
Calibration free
Highest accuracy
Measures upto 63 parameters including F/V loop
Auto Interpretation
Runs from the USB port of any PC
Meets and Exceeds ATS/ERS Criteria
Bio calibration check feature.
Ready to use GDT interfacing possibility.
In-and expiratory real-time curve.
Should not influence of humidity, barometric
pressure, contamination
Should be Auto QC
Should be multilingual
Sensor never ever in contact with sample
No cleaning , no maintenance
Extremely high accuracy for low
flows(Resistance free measurements)
No down time
Life time free software up gradation.
Should be USFDA approved (attach certificate).
Laptop with i5 processor, 2GB RAM 500GB
Hard drive and 18” TFT, with pre-loaded
Windows and MS office and Acrobat reader for
PDF files.
10
4.
Operation Table
Should be designed to use for animal surgery
Should be stainless steel with 304 material
Should have a design supporting for variety of
applications
Table top should be made of stainless steel, non
corrosive grade.
Size should be around 125cm(L) x 48 cm(W)
Height should be adjustable 70-90 cm (approx.)
Should have flat railing all along the length on
both sides to take accessories
The table top should be provided with drainage
system, with fine vertical adjustment through
latest pinion-lift system replacing hydraulic
system
01
Directorate of Medical Education, Dehradun
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Sl. No.
Name of the items
Specifications
Qty.
The frame should be sturdy and provides
sufficient leg space and is provided with footrest.
The tie -cleats should be made of stainless steel.
The table should be provided with universal
clamps for accessories, animal support plate and
uprights which can be fixed to the side-rails in
any desired position.
System Configuration Accessories, spares and
consumables
Clamps
Animal support plate
Uprights
Documentation
Manufacturer should have ISO certification
for quality standards
Note:- The bidder must submit the details of accessories/ attachment such as its description quantity
etc clearly in their offer in technical bid along with the product catalogue.
Directorate of Medical Education, Dehradun
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CHAPTER-5
Price Schedule:
The Tenderer should fill up the annexure (B) as given in the tender booklet and submit it in their
financial bid after duly filled up. The bidder can submit it's rate/ price details in following format:Sl.No.
Description of Goods
Name of
Manufactur
ing Firm &
Model No.
Quantity
(in
Numbers)
Unit
Rate
(in `)
Basic
Price
Rate
(in `)
(4x5)
VAT(Only
for Indian
Bidder/C
ST/Excis
e/Other
tax if any
(in `)
(1)
(2)
1.
Stage incubator
2.
Spirometer,
Ordinary
(3)
(4)
(5)
(6)
(7)
Transport
ation,
Insurance
& Other
local
costs to
delivery
(On F O R
Basis)
(in `)
(8)
Total
Amounts
(6+7+8)
(in `)
(9)
3.
4.
The price quoted should be in Indian Rupees & on F.O.R. site (i.e.; Directorate of Medical
Education, Dehradun (Uttarakhand) basis inclusive of all levies and duties except taxes
wherever applicable which should be indicated in the offer clearly. The rates of sales/ trade tax
should be clearly indicated wherever chargeable. F.O.R Delivery, Transportation Charges if any
should be mentioned clearly. If the rates of the Vat/Tax is not mentioned it will be assumed that
the Quoted price are inclusive of Vat/Tax.
In case of imported goods the tenderer should submit the price offer in foreign currency for FOB
Value. Insurance, freight up to Dehradun and Agency commission if any should also to be
mentioned separately. The offer should also indicate what is the present custom tariff/duty
including Excise duty for said item under import. The charges for carrying & forwarding, Custom
Clearing Charges etc. if any should also to be mentioned separately for the said items for delivery
at hospital site.
No escalation in price will be given. Over and above the total Amounts as mentioned in the price
bid.
The price proposal of 08 years LAMC & CAMC should be submitted in Financial Bid. (Part- II) In
absence of that the Tender may be rejected. The Financial Bid will be evaluated taking equipment
price & eight year CAMC price into consideration. The rates of LAMC & CAMC should be Quoted
in Indian Rupees. The service tax on LAMC & CAMC must be clearly mentioned whether inclusive
or exclusive. If the rates of the service tax is not mentioned it will be assumed that the Quoted
price are inclusive of service tax.
Supplier shall furnish the price details in this format, any deviation from this format may cause for
rejection of the price bid.
Incase of discrepancy between unit price and total price, the unit price shall prevail.
Directorate of Medical Education, Dehradun
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DIRECTORATE OF MEDICAL EDUCATION, DEHRADUN
CHAPTER-6
ANNEXURE "A"
PART- I
TECHNICAL BID
(PLEASE COMPLETE THE FORM & ENCLOSE NECESSARY DOCUMENTS WHERE REQUIRED OTHERWISE THE
TENDER WILL BE REJECTED)
1.
Name of the Firm
:
2.
Address
:
3.
Telephone No.
:
4.
Fax No.
:
5.
Earnest Money
(FDR/TDR or B.G no. & Amount)
:
6.
No. of years of existence
:
7.
Any previous business
:
8.
Turnover (Last three F.Y. )
(Document to be enclosed)
:
9.
Supplies in India (reference of
Institutions/Hospital
:
10.
No. Of trained Engineers
:
11.
Service station/maintenance facility:
(Specially in Uttarakhand)
12.
Sale Tax/commercial tax Registration No. :
(Self Attested copy attached)
13.
Sales Tax/commercial tax clearance certificate:
(Self Attested copy attached)
Directorate of Medical Education, Dehradun
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ANNEXURE "A" (Contd.)
14.
An affidavit from notary that the firm
has never been black listed
(Original attached)
15.
Distributorship/Dealership certificate of
The company for which tender has been
Submitted.
16.
17.
:
Yes/ No
:
Schedule of technical particulars
(Compliance / Deviation Statement to be enclosed)
I/We have read all the terms &
Conditions of tender and
accepted them in full.
:
:
Yes/ No
(SIGNATURE)
SEAL
DECLARATION
I/We declare that the information supplied above is true & correct.
(SIGNATURE)
SEAL
N.B.
1.
If the formalities regarding Technical bid are not complied with, Part-II of tender bid shall not be
opened.
2.
The sealed cover of this part shall be subscribed "Tender-Bid Part-I (Technical Bid)".
3.
The tenderer will arrange to demonstrate the offered model for technical evaluation within 15
days time or as per the decision of the purchase committee. Failure to demonstration of the
offered item by supplier in stipulated period will attract rejection of the bid.
4.
F.D.R/Bank Guarantee for EMD amount, as well as that of tenderer, attested copies of sales
tax/commercial tax registration certificate upto date, Sales tax/commercial tax clearance
certificate, turnover proof, original affidavit for not being black listed, Distributor/Dealership
Certificate to be attached with this bid failing which the tender may be considered for rejection.
Directorate of Medical Education, Dehradun
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DIRECTORATE OF MEDICAL EDUCATION, DEHRADUN
Annexure: (B)
PART II - FINANCIAL
BID
(PLEASE COMPLETE THE FORM & ENCLOSE NECESSARY DOCUMENTS WHERE REQUIRED OTHERWISE
THE TENDER WILL BE REJECTED)
1.
Name of the firm
:
2.
Address
:
3.
Telephone No.
:
4.
Fax No.
:
5.
Terms of payment and other condition
:
6.
List of Prices
:
7.
8.
Any other details such as delivery schedule
:
Yearly AMC & CMC charges & service detail :
(For 08 years after guarantee period)
(SIGNATURE)
SEAL
N.B.
1.
This part shall be opened only on the satisfactory acceptance of Part-I of Tender Bid as well as
satisfactory demonstration of equipment if needed & acceptance by the technical committee.
2. Ensure that Financial Bid/ price/LAMC & CAMC information are not included in Part-I(Technical Bid)
otherwise the tender will be rejected. The sealed cover of this part shall be subscribed "Tender Bid
Part II (Financial Bid)."
3. Tenderer should clearly mention the tax, VAT duties and any other levies applicable apart from the
price in their offer.
4. Quote individual prices for every Items mentioning its tender sl. no. The separate sheet can be used for
providing the price & LAMC & CAMC Information in detail.
Directorate of Medical Education, Dehradun
21
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CHAPTER-7
This tender form is contained with the Following forms.
Performa of Authority letter. The Authority letter can also be submitted in the
company letter head as per the respective Principal company's policy
Performa of Authority letter
Ref. No.
Date:-
T0,
The Director,
Directorate of Medical Education
Dehradun
Uttarakhand
Ref: Tender Notice No.
Dear Sir,
We …………………………………..………… who are established and reputed manufacturers of
……………………….. having factories at…………………………and………..… …………… do hereby
authorize ……………….…………………….. (Name and address of agents) to submit a bid, and
subsequently negotiate and sign the contract with you against the above tender.
We hereby extend our full guarantee and warranty as per the Tender conditions and also responsible
for providing warranty services and LAMC & CAMC services directly or through authorized service
provider as per the conditions agreed upon for the supply of equipment and services by the above
firm against this tender.
Yours faithfully,
NAME OF MANUFACTURER/ DISTRIBUTORS & SIGNATURE WITH SEAL
NOTE : This letter of authority should be on the letter head of the manufacturer/ distributor and
should be signed by a person competent and having the power of attorney to bind the
manufacturer/ distributor. It should be included by the Bidder in its Technical bid.
Directorate of Medical Education, Dehradun
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PERFORMANCE SECURITY FORM
To:
(Name of Purchaser)
WHEREAS ................................................................... (Name of Supplier) hereinafter called "the Supplier" has
undertaken , in pursuance of Purchase Order No. Contract No................. dated,........... 20... to supply......................
.................................................(Description of Goods and Services) hereinafter called "the Contract".
AND WHEREAS it has been stipulated by you in the said Purchase order no. Contract that the Supplier shall furnish you
with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with the Supplier's
performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Supplier a Guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, up to a total of
................................... ........................................ (Amount of the Guarantee in Words and Figures) and we undertake to
pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or
argument, any sum or sums within the limit of ................................ (Amount of Guarantee) as aforesaid, without your
needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the ........day of...................20......
Signature and Seal of Guarantors
................................
................................
................................
Date......................20....
Address:........................
................................
................................
Directorate of Medical Education, Dehradun
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Performa of AMC/CAMC Agreement to be executed in Rs. 100/- Non-Judicial Stamp Paper
(By the successful bidder after supply of equipment)
AGREEMENT FOR ANNUAL MAINTENANCE CONTRACT
This Agreement is hereby made on------------- day of--------------- between Director, Directorate of Medical Education,
Dehradun established (herein after referred to as the First Party) and M/S -------------------------------------------------------------------------- (herein after referred to as the Second Party) for Annual Maintenance Contract (herein after referred to as the AMC)
.
Where as the Second Party undertakes the maintenance of ---------------------------------------------------------------------------------------------------------------------------------with reference to the Tender offer no………………….. & purchase order no------------------------------------------------------------------------------subject to the following terms and conditions:1. SERVICE CHARGES :1.1 Labor Annual Maintenance Contract (LAMC) charges will be ` -------------- as offered in the price schedule by the bidder.
Any other similar equipment can on subsequent date be included in this agreement by the First Party intimating the
Second Party in writing on the identical terms & conditions on prorate basis for the balance period. Labor AMC shall
constitute, the Second Party going to the Directorate of Medical Education site/Installation site and providing all labor
necessary to maintain the equipment covered by the AMC in proper running condition and will include the diagnosis
and correction of mall functions and factors. In case of Labor AMC, the cost of spare parts shall be borne by the First
Party but the Second Party shall provide the company's FOB/FOR price list of spare parts at the beginning of each year
in which the AMC is due.
1.2 Comprehensive Annual Maintenance Contract (CAMC) charges will be -------------- as offered in the price schedule by the
bidder. Any other similar equipment can on subsequent date be included in this agreement by the First Party intimating
the Second Party in writing on the identical terms & conditions on prorate basis for the balance period. Comprehensive
AMC shall constitute, the Second Party going to the Directorate of Medical Education /Hospital site and providing all
services including parts, spares, labour etc., necessary to maintain the equipment covered by the AMC in proper
running condition without any extra charges. It will also include the diagnosis and correction of mall functions and
factors in the said equipment. In case of replacement of part/ spares/equipment it should be brand new & to be made
with the consent of the first party. No exclusion of parts are allowed for comprehensive AMC unless it is mentioned as
consumable parts in the bid/tender offer.
The First Party shall have the choice for opting for either the Labor AMC or CAMC or no AMC by the end of the
effective guarantee/free service period. The First Party shall inform the Second Party in writing about its decision in the
matter and accordingly, the service shall be rendered by the Second Party and charges payable by the First party to the
Second Party.
2. PERIOD :The AMC/CAMC shall start from the next day on which the effective Guarantee/Warrantee/ free service ends or on
providing first preventive service after completion Guarantee/Warrantee/ Free service period as per this agreementwhichever is later- for a period of 8 years. After that It shall be renewable for a further maximum period of 5 years on
the request of the First Party within the current AMC period.
3. TAXES AND DUTIES: All Taxes & duties including service tax are included in the contract price.
4. PLACE :
The place of maintenance of equipment will be the installation site at Directorate of Medical Education, Dehradun. In
the event of any major break-down, if repairs can not be carried out at the site, then the defect can be got rectified at
any service-center as the Second Party may think proper. But dismantling, packing, insurance, forwarding and
transportation charges, etc. if any would be borne by the Second Party.
5. SECURITY DEPOSIT/BANK GUARANTEE :The second party has to submit the bank guarantee amounting 2.5% of the total cost of equipment at the time of
execution of purchase order and before release of final payment of the equipment. The said bank guarantee will be
released after successful completion of
the CAMC/LAMC Period.
Directorate of Medical Education, Dehradun
24
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6. PAYMENT :The payment of the second party would be released by the first party on quarterly/half yearly/yearly instalment basis
on the satisfactory completion of the services for the relevant period.
7. TERMINATION OF CONTRACT :The second party cannot stop providing Labour AMC or CAMC unless until alternative arrangement is made for
providing such services by the second party and approved by the first party in writing. First Party shall be entitled to
terminate the contract with three full calendar months' prior notice in writing to the second Party. However, the Second
Party will have to carry on the AMC Service even after expire of the said period till alternative arrangement is made for
the Second Party, by the First Party.
8. SCOPE: ( A ) The equipment covered under this contract shall be repaired, rectified as and when the same is reported to be out
of order. Replacement of parts, tubes, cables etc., shall be subjected to their availability and no additional service
charges for replacement of such items on the equipment shall be payable by the First Party. The cost of the spares
would however be borne by the first party.
(B ) The Second Party will ensure the preventive maintenance of the equipment. The representative of the Second Party
will visit the Hospital periodically twice/thrice/quarterly in a year to check, repair and service the equipment for
preventive maintenance. Apart from this the engineer of the Second Party will attend the break-down calls within 3
Calendar days from the time of receiving the information by any means (Telephone, Fax, e-mail, Post, Currier etc.)
from the First Party and for this no extra charges will be paid by the First Party. A minimum three services in a year
for the equipment shall be ensured by the Second Party.
(C ) Replacement of any part will be done at the sole discretion of the CMS/MS/Officer-in-Charge of the Hospital in
consultation with the Second Party.
(D) In case of Labor AMC, spare parts- requiring replacement- and which may have to be imported will be procured by
the First Party at its cost or by the Second Party at the behest of the First Party in accordance with the relevant
provisions enforced at the time. In such a case when the Second Party procures the spare parts, the First Party shall
pay the FOB/FOR value to the Second Party and Indian Agency Commission/ Technical Service Charges etc. if any,
would not be payable. However, in special circumstances it shall be subjected to negotiation.
9. UPTIME GUARANTEE :During Comprehensive contract Period the Unit must function in totality for 325 days in a year. In case of noncompliance of the above a financial penalty at the rate of 0.75% of the CC value per day shall be imposed and
equivalent amount shall be deducted from the CMC value. During Comprehensive Maintenance Period the unit
must be made functional within 7 working days (including response time) from the time a defect is reported to the
bidder. In case, a replacement of defective item / Unit needs more than 7 working days, as an interim solution the
bidder must take available a service unit / part for complete functioning of the Unit within the same specified time
frame as mentioned above. However, the defective item must be replaced within 30days.
10. PENALTY CLAUSE :During Comprehensive contract Period the Unit must function in totality for 325 days in a year. In case of noncompliance of the above a financial penalty at the rate of 0.75% of the CC value per day shall be imposed and
equivalent amount shall be deducted from the CMC value. During Comprehensive Maintenance Period the unit
must be made functional within 7 working days (including response time) from the time a defect is reported to the
bidder. In case, a replacement of defective item / Unit needs more than 7 working days, as an interim solution the
bidder must take available a service unit / part for complete functioning of the Unit within the same specified time
frame as mentioned above. However, the defective item must be replaced within 30days.
11. ARBITRATION: 1.
The Purchaser and the supplier shall make every effort to resolve amicably by direct informal negotiation any
disagreement or dispute arising between them under or in connection with the Contract.
2.
If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation,
then either the Purchaser or the Supplier may give notice to the other party of its intention to commence
arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be
commenced unless such notice is given.
Directorate of Medical Education, Dehradun
25
TENDER DOCUMENT
1. Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in
accordance with this Clause shall be finally settled by arbitration. Arbitration may be commenced prior to or after
delivery of the Goods under the Contract.
2. Arbitration proceedings shall be conducted in accordance with the rules of procedure
3. Notwithstanding any reference to arbitration herein, the parties shall continue to perform their respective
obligations under the Contract unless they otherwise agree; and the Purchaser shall pay the Supplier any monies
due the Supplier.
4. In case of Dispute or difference arising between the Purchaser and a supplier relating to any matter arising out of or
connected with this agreement, such disputes or difference shall be settled in accordance with the Arbitration and
Conciliation Act, 1996. The arbitral tribunal shall consist of 3 arbitrators one each to be appointed by the Purchaser
and the Supplier. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the Parties and shall act
as presiding arbitrator. In case of failure of the two arbitrators appointed by the parties to reach upon a consensus
within a period of 30 days from the appointment of the arbitrator appointed subsequently, the Presiding Arbitrator
shall be appointed by the Indian Council of Arbitration/President of the Institution of Engineers (India)/The
International Centre for Alternative Dispute Resolution (India).
5.
6.
a.
b.
c.
d.
7.
8.
9.
12.
In the case of a dispute with a Foreign Supplier, the dispute shall be settled in accordance with provisions of
UNCITRAL (United Nations Commission on International Trade Law) Arbitration Rules and Arbitration and Conciliation
Act 1996. The Arbitral Tribunal shall consist of three Arbitrators one each to be appointed by the Purchaser and the
Supplier. The third or sole Arbitrator shall be chosen by the two Arbitrators so appointed by the Parties, and shall act
as presiding arbitrator. In case of failure of the two arbitrators appointed by the parties to reach upon a consensus
within a period of 30 days from the appointment of the arbitrator appointed subsequently, the Presiding Arbitrator
shall be appointed by the Chief Justice of India or the person or institution designated by him may appoint an
arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities
Indian Council of Arbitration.
" International Commercial Arbitration" means an arbitration relating to disputes arising out of legal relationship,
whether contractual or not, considered as commercial under the law in force in India and where at least one of the
parties is;
An individual who is a national of, or habitually resident in, any country other than India;
A body corporate which is incorporated in any country other then India; or
A company or an association or a body of individuals whose central management and control is exercised an any
country other than India; or
The Government of a foreign country.
If one of the parties fails to appoint its arbitrator in pursuance of sub-clause above, within 30 days after receipt of the
notice of the appointment of its arbitrator by the other party, then the Indian Council of Arbitration/President of the
Institution of Engineers (India)/The International Centre for Alternative dispute Resolution (India), both in cases of the
Foreign supplier as well as Indian supplier, shall appoint the arbitrator. A certified copy of the order of the Indian Council
of Arbitration/President of the Institution of Engineers (India)/The International Centre for Alternative Disputes
Resolution (India), making such an appointment shall be furnished to each of the parties.
Arbitration proceedings shall be held at Dehradun (Uttarakhand) India, and the language of the arbitration proceedings
and that of all documents and communications between the parties shall be English.
The decision of the majority of arbitrators shall be final and binding upon both parties. The cost and expenses of
Arbitration proceedings will be paid as determined by the arbitral tribunal. However, the expenses incurred by each
party in connection with the preparation, presentation etc. of its proceedings as also the fees and expenses paid to the
arbitrator appointed by such party or on its behalf shall be borne by each party itself.
ASSIGNMENTS: The Second Party will not assign the job or part of the contract to any other firm without the consent of First Party
in writing.
13.
BREAK-DOWN NOTICE TO SECOND PARTY: -
Directorate of Medical Education, Dehradun
26
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Breakdown would be identified by the CMS/MS/Officer-in-Charge of the Hospital and would be reported to the
Service Engineer/ Office of the Second Party by an appropriate mode of communication, which shall be confirmed
in writing also.
In witness whereof, the Authorized Representatives of both the Parties have herein set their hands and seals and signed
on the date and year first above written.
Signed on behalf of the First Party :
Signed on behalf of the Second Party :
Signature:
Designation/Seal :
Signature:
Designation/Seal :
Place :
Date:
Place :
Date:
Witness
1.
2.
Witness 1
Witness
2.
Witness 2
Directorate of Medical Education, Dehradun
27
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ANNEXURE-I
Sl. No.
Name of Equipment
Qty.
Value
1.
Signature & Seal
Directorate of Medical Education, Dehradun
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FORMAT FOR BANK GUARANTEE AGAINST COMPREHENSIVE ANNUAL MAINTAINENCE CONTRACT
(CAMC)/LABOUR ANNUAL MAINTENANCE CONTRACT (LAMC)
(To be stamped in accordance with Stamp Act if any, of the Country of the Issuing Bank)
Bank Guarantee No:_______________________________________
Date: ____________________
To.....................................................................................................(Name of the Purchaser)
Whereas ........................................................................(Name of the Purchaser) hereinafter called “the supplier” has
undertaken, in pursuance of Purchase Order No. Contract No.................................. dated ..................20........ To Supply
........................................................................... (Description of Goods and Services) hereinafter called “the Contract”.
AND WHEREAS it has been stipulated by you in the said contract that the Supplier shall furnish you with a Bank
Guarantee by a recognised Bank for the sum specified therin as security for compliance with the Supplier’s performance
obligations under the contract for Annual Maintainence and Repairs of the entire system including cost of
spares/without cost of spares after warranty period for next eight years.
AND WHEREAS we have agreed to give the Supplier a Guarantee.
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the Supplier up to a total of
Rs...............................................(Amount of Guarantee in words and figures) being 2.5% of the total cost of equipment
and we undertake to pay you, upon your first written demand decalring the Supplier to be in default under the contract
and without cavil argument, any sum or sums within the limit of Rs................................(Amount of Guarantee) as
aforesaid, woithout your needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This Guarantee is valid until.............................................................day of ................................20...............
Signature and Seal of Guarantors.
.....................................................
.....................................................
.....................................................
Date: ..............................20..........
NOTE:
SUPPLIERS SHOULD ENSURE THAT SEAL AND CODE No. OF THE SIGNATORY IS PUT BY THE BANKERS, BEFORE
SUBMISSION OF THE BANK GUARANTEES.
Directorate of Medical Education, Dehradun
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Directorate of Medical Education, Dehradun
30

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