A- General Provisions

1. INTRODUCTION: Haryana Medical Services Corporation Ltd. (HMSCL) is an undertaking of the Government of Haryana, registered as a company under the Companies Act, 2013. It is the nodal agency for procurement of medical equipments for Health Department, Government of Haryana on the request of the Head of the Departments. This policy lays down the procedure and directives to be adopted by HMSCL for procurement by adopting fair and transparent system.

2. TECHNICAL AND CERTIFICATION COMMITTEE:-

2.1 On the receipt of indent/demand from the Indenting Department the same will be referred to Technical and Certification Committee constituted by HMSCL so as to frame the technical specifications of Medical Equipments. The Technical and Certification Committee shall comprise of following:-

1) Managing Director, HMSCL- Chairperson 2) DGHS or any Director level representative duly authorized by DGHS- Member.

3) Mission Director, NHM or any Director level representative duly authorized by Mission Director- Member.

4) Director, Medical Education & Research or any Joint/Additional Director level representative duly authorized by DMER- Member.

5) Two specialists of the concerned speciality for which Medical Equipments is required (to be nominated by indenting department/DGHS) - Members.

6) One Bio-Medical Engineer (Nominated by MD HMSCL) – Member.

7) One Bio-Medical Engineer (Nominated by MD NHM) – Member.

8) In case the Chairperson faces any difficulty in deciding the specifications, the Chairperson shall associate :-

(a) HOD/representative of the concerned speciality of Government Medical Colleges, PGIMS/PGIMER, AIIMS.

(b)Bio-Medical Engineer from Government Medical Colleges, PGIMS/PGIMER, AIIMS.

(c) A representative of National Health System Resource Center (NHSRC), GOI.

2.2 The Technical Committee shall ensure that:-

(a) The procurement is objective and the specifications are generalized in nature and any particular trade mark, trade name or brand is not indicated.

(b) The specifications in terms of quality, type etc., as also quantity of goods to be procured are clearly spelt out keeping in view the specific needs of the end user.

(c) The specifications should meet the basic needs of the end user without including superfluous and non essential featureswhich may result in unwarranted expenditure.

2.3 The Technical Committee shall also consider the technical specifications of past purchases of the State, procurement by other State Medical Corporation, reputed hospitals like AIIMS etc. and technical specifications as published by National Health System Resource Centre (NHSRC), GOI, WHO/GeM golden parameters and other such standard sources for preparation of technical specifications.

2.4 HMSCL may seek further clarification from the Technical Committee on representations received in the pre-bid meeting or on any other occasion by the bidders and same shall be disposed by the above committee within 5 working days.

3. METHODS OF PROCUREMENT:-

One of the following methods will be adopted by HMSCL for procurement as per the requirement and existing circumstances: -

a) Open tender: The open tender system should be used generally for procurement of goods. Minimum 21 days should be given for bids submission. In case single qualified bid is received in response to an open tender enquiry, the urgency and essentiality of the tendered item will be sought from the indenting department and the case will be put up for consideration of Managing Director, Haryana Medical Services Corporation Limited.

OR

b) Limited tender: Purchase through limited tender may be adopted in the following circumstances:-

i. The competent authority in the indenting department certifies that the demand is urgent, mentioning the nature of urgency.

and

ii. The sources of supply are known and possibility of fresh source/s beyond those being tapped is remote.

Minimum 10 days should be given for bids submission. In case single qualified bid is received in response to limited tender enquiry, the urgency and essentiality of the tendered item will be sought from the indenting department and the case will be put up for consideration of MD, HMSCL.

OR

c) Short tender: In case of exigencies like pandemic or public health diseases outbreak or any other such emergencies, short tenders giving 3 to 7 days in case of limited tender and 7 to 15 days in case of open tender can also be invited.

OR

d) Procurement of proprietary items through Single Tender: In case of proprietary items, the Indenting Department shall furnish a Proprietary Article Certificate, indicating the justification. MD, HMSCL shall take final decision to which item be purchased through single tender.

OR

e) Procurement through Government E Marketplace (GeM): Procurement can also be made through GeM, in which case the terms and conditions of GeM shall be applicable.

OR

f) Alternative procurement: HMSCL can also do procurement from the following agencies: -

i. From agencies/firms and at rates approved by Govt. of India, in case of allocations made by it.

ii. From Public Sector Undertakings at rates fixed by Govt. of India. iii. From vendors selected by other State Medical Services Corporations, at their approved rates.

OR

g) Procurement under externally funded projects: For procurement under externally funded projects, the procurement will be done as per the rules/procedures of the funding agency, if mentioned in the terms and conditions of the agency.

3.1 CERTIFICATION REQUIREMENT FOR PROCUREMENT OF MEDICAL EQUIPMENT

For Certification required for the procurement of medical equipment are categorised as below:-

1 Category A-Critical Care and high end diagnostic equipment / USFDA Approved

2 Category B-Other equipment / USFDA Approved/CE Mark from notified body (EU)

3 Category C- Miscellaneous equipment and furniture item / USFDA Approved/CE mark from notified body (EU)/CE Compliance certificate/BIS and ISO 13485

3.2 ELIGIBILITY CRITERIA OF THE BIDDER Bidder shall be:-

(a) Original Manufactures can apply.

(b) Authorized Distributors, Agents and Direct Importers with Authorization Letter from Original Manufacturer can apply.

(c) Joint ventures and Consortiums allowed only in Turnkey Projects.

3.3 MANUFACTURING AND MARKETING EXPERIENCE OF THE BIDDER

(a) Bidders who are Manufactures:-

(i) The manufacturer must have minimum five years of manufacturing and marketing experience for a particular item to be eligible to quote.

(ii) A certificate from the Chartered Accountant along with supporting documents shall be submitted by the manufacturer that it has been manufacturing and marketing the product/products, for which the bidder has quoted the price, for the last five years at the time of submission of offer.

(iii) The condition of minimum 5 years manufacturing & marketing experience however will not apply to equipments, which were introduced in India less than 5years ago. The manufacturer would be required to submit a certificate from licensing authority/appropriate authority in support of their claim.

(iv) For proprietary Equipment/Implant, if a firm is the sole manufacturer for the products, it can be eligible provided it submits certificate to this effect from the licensing authority/appropriate authority.

(v) Manufactures must have manufactured and supplied a similar model quoted in each item of the Schedule of Requirements either himself or through any of its authorized dealer to the extent of 100% quantities mentioned in the Schedule of Requirements in the past 24 months or 50%quantities mentioned in the Schedule of Requirements in the past 12 months to Government or Private Tertiary Care Hospitals in India from the date of closure of tender date. A certificate from the Chartered Accountant along with supporting documents shall be submitted by the manufacturer in this regard.

(vi) The merger/amalgamation/transfer of business/transfer of assets etc. of a firm affect the bid condition relating to "past performance" / "Market Standing Certificate" in preceding five years. The eligibility of bidder in this regard shall be ascertained on the basis of the agreement/BOD/resolution/CA certificate or any other document(s)/certificate(s) which shall be annexed with tender documents.

(vii) Bid will be accepted by the manufacturer for entire quantity.

(b) Bidders who are not Manufactures:-

(i) If the bidder is not the manufacturer then the bidder should be duly authorized by the manufacturer who meets the criteria laid down in 2(a) as above.

(ii) The bidder shall submit an authority letter along with an affidavit in the format as prescribed by the HMSCL from the manufacturer.

(iii) The bidder shall provide a certificate from the Chartered Accountant along with supporting documents that it has supplied a similar model quoted in each item of the Schedule of Requirements to the extent of 100% quantities mentioned in the Schedule of Requirements in the past 24 months or 50%quantities mentioned in the Schedule of Requirements in the past 12 months to Government or Private Tertiary Care Hospitals in India from the date of closure of tender date.

(iv) The merger/amalgamation/transfer of business/transfer of assets etc. of a firm affect the bid condition relating to "past performance" / "Market Standing Certificate" in preceding five years. The eligibility of bidder in this regard shall be ascertained on the basis of the agreement/BOD/resolution/CA certificate or any other document(s)/certificate(s) which shall be annexed with tender documents.

(v) Bid will be accepted by the manufacturer for entire quantity.

3.4 TURNOVER REQUIREMENTS OF THE BIDDER:

Turnover of the bidder should be at least three times the total tender value in any one of the past three financial years.

Documents required: Audited financial statements for last three years in respect of annual turnover. Group turnover will not be considered for determining the eligibility and CA certified copy of the sale tax return.

3.5 METHOD OF BIDDING-Two Bid System

(a) HMSCL shall follow Two Bid System (i.e. simultaneous receipt of separate technical and financial bid). Both the bids will be submitted by the bidder as per instructions provide in the biding documents.

(b) If less than three bidders, make bids then the technical bids will not be opened and an extension of bid submission will be notified by 10 days. Even on the second occasion bids are not received from three or more bidders then the date may be extended by another 10 days. After the second extension all the bids received will be opened

(c) In case a single bid is received even after second extension then the matter would be brought to the notice of MD, HMSCL. The MD, HMSCL can:-

i . Order cancellation of the present tender and refer the matter to the Technical and Certification Committee so as to recommend modification in the specifications to ensure wider participation in the bidding. After receiving the recommendations of Technical and Certification Committee the MD, HMSCL can order to refloat the tender.

OR

ii. Refer the matter to Technical and Certification Committee to certify that the Technical Specifications are generalized and as per the requirement of the end user. Thereafter on receipt of said certificate the MD, HMSCL can order the process to be considered valid provided following conditions are satisfied:

a. The procurement was satisfactorily advertised and sufficient time was given for submission of bids. b. The qualification criteria were not unduly restrictive;

3.5.1 Evaluation of Technical Bid The bid evaluation committee constituted by HMSCL will be responsible for evaluation of both technical and financial bid. On receipt of bids first the technical bids will be evaluated by the Bid Evaluation Committee which shall comprise of:-

i. GM (Equipment), HMSCL.

ii. 2 specialists of the concerned speciality to which the equipment belongs (to be nominated by the DGHS).

iii. Bio medical Engineer (O/o HMSCL)

iv. Bio medical Engineer (O/o NHM)

v. Account Officer/Section officer (O/o HMSCL) The bid evaluation committee shall ensure:-

(a) The evaluation of the technical bid is made only for the bids which are eligible.

(b) The bidders not submitting the required Bid security or submitting the bids after due date and time are summarily rejected.

(c) The criteria laid down in the bid document for debarment for bidding have been verified and in case the bidders needs to be debarred the matter shall be brought to the notice of MD, HMSCL.

(d) Bids received have been evaluated in terms of the conditions incorporated in the bidding documents; no new condition which was not incorporated in the bidding documents should be brought in for evaluation bids.

(e) Determination of bids responsiveness should be based on the contents of the bid itself without recourse to extrinsic evidence. However, the Committee may seek clarifications in writing to get documentary evidences of any historical documents to support the claims of the bidders.

(f) The technical evaluation sheet for the products by various bidders is prepared in which shall highlight that compliance to the Technical Specification has been made on all the points.

(g) Evaluation of non compliance has been put on record whether the committee treats the non compliance as Major/Minor deviation. Any deviation which affects the clinical performance will be treated as Major deviation. Non compliance to quality certifications will be treated as Major deviation. The decision of technical bid evaluation committee will be confirmed by MD, HMSCL before opening of the financial bid. A copy of minutes of the technical bid evaluation committee meeting will be supplied to the bidders and their representations, if any, will be sought within 5 working days. Any representation so received will be disposed by the evaluation committee within further 5 working days and the decision will be confirmed by MD, HMSCL before opening of financial bid. After expiry of this period, no representation by the bidders would be entertained.

3.5.2 Evaluation of Financial Bid After the technical bids have been evaluated, the bid evaluation committee will be responsible for evaluation financial bid. The bid evaluation committee shall:- a) Make a comparison chart of the prices quoted by all the bidders clearly highlighting the bidders as L1, L2, L3...... so on.

b) Shall compare the lowest rate quoted by the L1 with the rates of on the GeM Portal if the same medical equipment is available on GeM Portal.

c) Shall compare the lowest rate quoted by the L1 with the rates of other States/ procurement agencies for the same medical equipment.

d) Shall conduct reverse auction/ negotiation if required to procure the medical equipment at the best lowest price after obtaining approval from MD, HMSCL.

e) The price bid evaluation will be carried out taking into account the Net Present Value (NPV) of the Cost plus the CMC. The decision of financial bid evaluation committee will be confirmed by MD, HMSCL. 4. SUPPLY OF MEDICAL EQUIPMENT BY THE BIDDER

4.1 DeliveryPeriod:-

a) Delivery must be completed for entire ordered quantity before the end of 60 days from the date of issue of purchase order at the destinations mentioned in the purchase order, if the above day happened to be a holiday for Haryana, the supply should be completed on the next working day.

b) In case of imported product the Delivery must be completed for entire ordered quantity before the end of 120 days from the date of issue of purchase order at the destinations mentioned in the purchase order, if the above day happened to be a holiday for Haryana, the supply should be completed on the next working day. The Firm will submit the proof for import of product as per tender clause.

4.2 Installation and Commissioning:-

The installation and commissioning of items must be completed within 15 days beyond the supply period mentioned above.

4.3 Delayed Supply:

a) If the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the contract, the Purchaser shall, without prejudice to its other remedies under the Contract, deduct from the Contract price, as liquidated damages, a sum equivalent to 2.5 percent per week or part of week on per day basis for the first week, on the value of the goods which come in the category of delayed supply. In case of delay beyond 1 week the LD would be levied as per the following on week or part of week basis, on the value of the goods which come in the category of delayed supply:

1st Week, 2.5%

2nd Week 5%

3rd Week 7.5%

4th Week 10%

Once the maximum is reached, HMSCL may consider termination of the Contract.

b)Penalty shall be charged on the vendor if the installation and commissioning of items not completed within 15 days beyond the supply period i.e. 60/120 days, the rate of plenty will be charged as under: 

1st Week, 2.5%

2nd Week 5%

3rd Week 7.5%

4th Week 10%

4.4 NON SUPPLY:

Non supply will be considered if the supplier fails to supply even after the period of delay supply. In case of delay due to any reason attributable to the purchaser it will not be instance of non-supply. In case of non supply MDHMSCL reserves the right to cancel the purchase order and initiate the proceeding of risk purchase.

Risk purchase would be the purchase at the risk and the cost of the supplier. If the bidder fails to supply the ordered material, the purchase shall be free to arrange /procure the items from any other sources or in the open market or from any other Bidder and the extra cost incurred shall be recovered from the supplier. The losses sustained in the process shall be recovered from the security Deposit or from any other money due/ to be due to the supplier and in the event of such amount being insufficient; the balance will be recovered separately from the supplier.

4.5 BLACKLISTING & FORFEITURE OF BANK GUARANTEE :

In case of Non-Supply and declining of offer to enter into CMC or non-rendering of warranty and CMC services, the performance bank guarantee of the supplier will be forfeited. The item will be purchased through the procedure of Risk Purchase at the risk and the cost of the supplier and in addition the supplier and the original manufacture is liable to the blacklisted/ Debarred for a period of three years. No further purchase order will be given to the firm for that item during the period of blacklisted/ Debarment. Furnishing of wrong information and false documents will make the firm ineligible and liable to be Debarred/ blacklisted. In case any document submitted by the bidder or his authorized representative is found to be forged, false or fabricated, the bid will be rejected and Bid Security Deposit/ Performance Security will be forfeited. Bidder /his representative may also be blacklisted/banned/debarred.

4.6 QUALITY FAILURE

If any inspected or tested Goods fail to conform to the specifications, the Purchaser may reject them and the Supplier shall either replace the rejected Goods or make all alternations necessary to meet specification requirements free of cost to the Purchaser. 4.6 NONPERFORMANCE OF CONTRACT PROVISIONS Non-performance of contract provisions, will disqualify a firm to participate in the tender for a period of 3 (three) years and its security deposit will be forfeited and no further purchase order will be given to that firm.

4.7 FALL CLAUSE:

If at any time during the execution of the contract the controlled price becomes lower or the contract reduces the sale price or sells or offer to sell such stores as are covered under the contract, to any person organization including the purchaser or any department of Central Government/State Government at a price lower than the price chargeable under the Contract, he shall forthwith notify such reduction or sale or offer of sale to the purchaser and the price payable under the contract for the store supplied after the date of coming into force of such reduction or sale or offer of sale shall stand correspondingly reduced. A undertaking to this effect must be submitted along with tender.

4.8 RATE CONTRACT CONDITIONS:

HMSCL if decides to enter into rate contract for any medical equipment then following would apply:- a) Validity of the Rate Contract will be for two years from the date of finalization of the contract. b) In case of exigencies the rate contract period can be extended further by mutual consent of both parties for up to another6 months by MD,HMSCL and another 6 months by ACS, Health. In case the RC is finalized within the extension period the new RC would over-ride the extended RC which would lapse.

4.9 GENERAL CONDITIONS

a) Till the tendering process is not initiated by the HMSCL on its own, the process of risk purchase, debarring, blacklisting along with the penal clause will be handled by HMSCL on its own.

b) Furnishing of wrong information and false documents will make the firm ineligible and liable to be debarred/blacklisted from participation.

c) In case of any document submitted by the bidder or his authorized representative is found to be forged, false or fabricated, the bid will be rejected and Bid Security Deposit/Performance Security will be forfeited. Bidder/his representative may also be blacklisted/banned/debarred. Report with police station may also be filed against such bidder/his repressentative.

d) Undertaking by the firm that it would own responsibility of any damage arising because delay in supply, non-supply or supply of poor quality of equipment/ implant.

e) Import licence is required for direct import of equipment/implants. No facility regarding import licence for raw materials etc can be given

f) The supplier is bound to supply the products any where in Haryana.

g) EMD will be Rs. 50, 000 for each item up to a maximum of Rs. 2, 00,000. h) The Performance Security will be equal to 3% of the estimated purchases to be made in two years in case of Rate Contract or estimated value of purchase in case of other cases or as per instructions issued by Supplies & Disposals Department, Haryana.

i) After the expiry of the Rate Contract, the vendor will be free to submit fresh Performance Security equivalent to 3% of the value of actual stock of the particular good/s available in HMSCL warehouses, in which case his original Performance Security will be released.

4.9 Proprietary Item:

The Indenting Department after the approval from the Administrative Secretary of the Department shall forward the demand to the HMSCL for the purchase of such Proprietary item. The Indenting Department shall also furnish to the HMSCLthe justification highlighting the urgency and need for purchase of such Proprietary item.For proprietary Equipment/Implant the supplier shall furnish certificate to this effect from the licensing authority/appropriate authority.

4.10. ARBITRATION:

In case of any dispute, the same will be referred to the Arbitrator, the ACS/Principal Secretary (Health) to the Government of Haryana whose decision shall be final and binding on both the parties. Subject as aforesaid, the provision of the Arbitration & Conciliation Act, 1966 shall apply to all proceeding of this Act.

4.11 INDEMNITY:

The Managing Director, HMSCL, all employees of HMSCL shall remain at all times fully indemnified and the supplier shall keep every concerned Department duly indemnified against any chemical analysis or statutory inspections/check during the shelf life of the items supplied. It is made clear that no suit, prosecutions or any legal proceedings shall lie against the Managing Director, HMSCL or any other officer/official of the State Govt./Corporation for anything that is done in good faith or intended to be done on pursuance of the tender.

4.12 AREA OF JURISDICTION:

All disputes concerning this tender shall be subject to the Civil jurisdiction of Municipal Limits of Panchkula (Haryana) where the registered office of the HMSCL is located.

4.13 FORCE MAJEURE:

The terms and conditions hereof shall not be applicable in case of Force Majeure. Neither Haryana Medical Services Corporation Limited nor the supplier shall be considered in default in the performance of their respective obligations herein above if such performance is prevented or delayed because of act of GOD, natural calamities, War, Flood, Hostilities, Revolution, Civil Commotion, Strike, Epidemic, Accident or Fire, or because of Law & Order Proclamation, Regulation or Ordinance of any Govt. of any subdivision thereof of Local Authority. The bidder shall be entitled to the benefit of this clause only if he informs in writing the circumstances amounting to Force Majeureto Haryana Medical Services Corporation Limited (HMSCL) for each consignment/dispatch separately within 72 hours of the happening thereof by fax/e-mail immediately, followed by a confirmatory letter sent by Registered Post with acknowledgement due.

4.14 PAYMENT PROCESS: PAYMENT

a) Payment for Goods and Services shall ordinarily be made in Indian Rupees by HMSCL.

b) No advance payment shall be made.

c) For the equipment not requiring installation, HMSCL shall make 100% payment within 60 days of the supply of the equipment at the designated site.

d) For the equipment requiring installationHMSCL shall make 80% payment within 60 days of the supply of the equipment at the designated site. Balance payment of 20% will be madeagainst “Final Acceptance Certificate” issued by the Indenting Department. The final acceptance certificate shall be issued by the indenting department on the completion of installation, commissioning, training, successful running of equipment (at least 8 weeks) and handing over the equipment to the indenting department.

e) In case the terms of conditions of purchase of the equipment provide for Letter of Credit (LC) then following shall be applicable:-

i) On shipment of the goods the HMSCL shallfor the foreign currency portion make payment of eighty 80% of the net CIP price (CIP price less Indian Agency Commission) of the goods shipped in the currency as specified in the contractthrough irrevocable, non- transferable Letter of Credit (LC) opened in favour of the supplier bank in his country and upon submission of documents specified hereunder:-

• Four copies of supplier’ s invoice showing contract number, goods description, quantity, unit price and total amount.

• Original and four copies of the negotiable clean, on board Bill of Lading/ Airway Bill, marked freight pre paid and four copies of non- negotiable Bill of Lading/ Airway bill. • Four copies of packing list indentifying contents of each package.

• Insurance Certificate and documents also to be submitted for payment of LC confirming that dispatch documents has already been sent to all concerned as per the contract within 24 hours.

• Manufacture’s /Supplier’s warranty Certificate.

• Inspection Certificate issued by the nominated inspection agency, if applicable as per contact.

• Manufacturer’s own factory inspection report

• Certificate of origin by the chamber of commerce of concerned country.

• Inspection Certificate for the dispatched equipments issued by recognized/ reputed third party agency

ii) On acceptance of the goods the HMSCL shall make payment of Balance payment of 20% of net CIP price of goods through irrevocable, non- transferable Letter of Credit (LC) opened in favour of the Foreign Principal in a Bank in his country, subject to recoveries, if any. The HMSCL shall make payment of this Balance 20% only against “Final Acceptance Certificate” issued by the Indenting Department. The final acceptance certificate shall be issued by the indenting department on the completion of installation, commissioning, training, successful running of equipment (at least 8 weeks) and handing over the equipment to the indenting department.

f) If there is a delay in supply or installation liquidated damages would be levied as per clause 4.3 mentioned above.

 

 

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