Employee's State Insurance Corporation€¦ · Employee's State Insurance Corporation (Ministry of Labor & Employment, Government of India) E-RE TENDER DOCUMENT FOR REFILLING AND

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E-RE TENDER FOR REFILLING & SUPPLY OF MEDICAL GAS CYLINDERS - 2020

TENDER NO: 122-D-26-25-27-1-04(Med Gases)/Tender-III/2018

Employee's State Insurance Corporation

(Ministry of Labor & Employment, Government of India)

E-RE TENDER DOCUMENT FOR REFILLING AND SUPPLY OF MEDICAL GAS

CYLINDERS AT ESIC, MODEL HOSPITAL, LUDHIANA.

E-Mail : [email protected]

Important Websites:

www.esic.nic.in

www.esichospitals.gov.in

https://eprocure.gov.in/eprocure/app

mailto:[email protected]

http://www.esic.nic.in/

http://www.esichospitals.gov.in/

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INDEX

SR No Title Page Number

1 SCOPE OF WORK AND SCHEDULE OF TENDER PROCESS 3

2 TENDER NOTICE 5

3 IMPORTANT INSTRUCTIONS TO BIDDERS REGARDING

OBTAINING DSC AND APPLYING FOR E-TENDER

6

4 GENERAL GUIDELINES AND ELEGIBILITY CRITERIA 7

5 CONDITIONS OF CONTRACT 12

6 WORK SPECIFIC TERMS AND CONDITIONS 15

7 GENERAL TERMS & CONDITIONS 17

8 PRE-CONTRACT INTEGRITY PACT (ANNEXURE-I) 19

9 TECHNICAL BID (ANNEXURE-II) 26

10 UNDERTAKING (ANNEXURE-III) 29

11 CHECKLIST (ANNEXURE – IV) 30

12 FINACIAL BID (ANNEXURE-V) 31

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1. Brief scope of work & Schedule of tender process:-

ESIC Model Hospital Ludhiana invites online bids from eligible,

reputed and experienced agencies in the field through e-procurement

under two Bid system(Technical & Financial Bid) for supply of MEDICAL

GAS on contractual basis at ESIC Model Hospital, Ludhiana.

Scope of work: Supply of medical gases AT ESIC Hospital Ludhiana

General information:

REQUIREMENT OF THE HOSPITAL:

1. SPECIFICATIONS OF MEDICAL OXYGEN

Certified for Medical use as IP 1996 or latest IP.

Not less than 99.0V/V of oxygen.

Not more than 5PPM of carbon monoxide.

Not more than 300PPM of carbon dioxide

Free from any kind of halogen and polymers.

Free from all forms of oxidizing substances.

Absolutely free of moisture.

Filled out of liquid oxygen from manufacturer with valid

license.

2.SPECIFICATIONS OF MEDICAL NITROUS OXIDE

As per IP 1996/latest certified as inhalation analgesic.

Manufactured form IP grade ammonium nitrate.

If any alternate technology or manufacturing process is used the same to be specified and all inputs regarding quality

assurance and probable impurities etc. must be provided.

Should not contain less than 98.0% V/V or nitrous oxide in both liquid and gaseous phase.

Less than 300PPM of CO2 as impurity

Free of hydrogen sulphide.

Not more than 2PPM V/V of nitrogen dioxide or nitric oxide in both liquid and gaseous phase.

Free of all form of reducing and oxidizing substances.

Each batch must have passed tests for alkalinity, arsenic,

phosphine, ammonia and other recommended tests.

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3. SPECIFICATIONS OF CARBON DIOXIDE

Should be food grade CO2.

Certified safe for human use.

Should not damage any instrument used with it.

SCHEDULE OF TENDER PROCESS

Period for downloading and

online submission of E-

tender and Dropping of

EMD/MSME Registration

certificate (if exemption is

sought for EMD)

Between 24/JUN/2020 and 15/JUL/2020

upto 11:00 AM

Date, Time & place for Pre-

Bid Meeting

02/JULY/2020 at 11:00 AM, DMS Room

Second floor, ESIC Model Hospital

Ludhiana

Date, Time & place for

opening of Technical Bid

16/JULY/2020 at 11:00 AM in Room

no. 207 Second Floor Admin Block

ESIC Model Hospital Ludhiana Punjab

Date, Time & Place for

opening of Financial Bid

Will be intimated at a later stage

to the technically qualified

bidders only

EMD amount Rs 15000/-

Bidders registered with MSME

(Ministry of Micro, Small & Medium

Enterprises) shall be exempted from

payment of EMD. To claim exemption

from EMD, the bidder need to submit

a Hard copy of Valid MSME

Registration Certificate, in place

of EMD deposit.

Performance Security Rs 35000/- (To be paid by

successful bidder only)

Approximate Annual value of

contract

Rs 3,50,000/-

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2.TENDER NOTICE

Name of Work: Employees' State Insurance Corporation is a statutory

body under Ministry of Labour and Employement, Govt of India

governed by ESI Act, 1948. As envisaged in the Act, ESIC provides

Social Security to workforce and dependent family members in India

covered under the ESI act, 1948 in the form of cashless medical

benefits as well as cash benefits in the event of Sickness,

Maternity and Employment Injury etc. ESIC Model Hospital, Ludhiana

is catering to the medical needs of these beneficiaries at

Ludhiana.

To serve them better, ESIC Model Hospital, Ludhiana invites online

bid through E-Procurement under two bid system (Technical and

Financial bid) FOR SUPPLY OF MEDICAL GASES at ESIC Model Hospital,

Ludhiana.

Tender document is available online at:

www.esic.nic.in



The interested bidders should upload duly filled tender form and

bids along with scanned copies of all relevant certificates,

documents, etc. in support of their technical & Financial bids on

the website https://eprocure.gov.in/eprocure/app before closing

date and time as shown under schedule of tender process. All

scanned documents uploaded online should be signed by the

authorized signatory only.

Bids will be opened as per schedule given under schedule of tender

process. All bidders can participate in technical evaluation

process personally or through representative. In case of

representative, he/she must be duly authorized by the bidder in

writing to do so.

Medical Superintendent

ESIC Model Hospital

Ludhiana




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E-RE TENDER FOR REFILLING & SUPPLY OF MEDICAL GAS CYLINDERS-2020

3.Important Instructions for Bidders regarding for applying for

E-Tender

All bidders/contractors are required to bid through the website


1.Bidders are required to enroll on the e-Procurement module of

the Central Public Procurement

Portal(URL:https://eprocure.gov.in/eprocure/app by clicking on

the link ”Online bidder Enrollment” on the CPP Portal.

2.Upon enrollment, the bidders will be required to register

their valid Digital Signature Certificate (Class II or Class III

Certificates with signing key usage) issued by any Certifying

Authority recognized by CCA India(e.g Sify/ nCode/ eMudhra

etc.), with their profile.

For any technical queries please call at 24*7 Help Desk Number

0120-4200 462,0120-4001 002,0120-4001 005,0120-6277 787

OR

E-mail at [email protected]

For detailed information kindly refer to manual”Instructions To

Bidder for Online Bid Submission” document under download

section of https://eprocure.gov.in/eprocure/app

mailto:[email protected]

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4. GENERAL GUIDELINES

1. Availability of Tender document. Tender Document is available

for downloading from websites:

www.esic.nic.in



2. Period of Contract: The Contract shall initially be for a

period of two years and may be extended further for a period of

one year subject to satisfactory performance, on the same rates,

terms and conditions. The rates approved shall remain unchanged

during the period of contract. ESIC, reserves the right to

terminate the contract at anytime without assigning any reason

thereof and without being liable for any cost.

3. Cost of Submission of bids: The Bidder shall bear all costs

associated with preparation and submission of the Bid. The

Corporation shall, in no case, be responsible or liable for

these costs, regardless of the conduct or the outcome of the

Bidding process.

4. The language of the Bid shall be English and all

correspondence in this regard shall be in English language.

5. Documents to be uploaded

Bidding companies/firms which fulfill all eligibility conditions

may upload the technical Bid & FINANCIAL BID along with the

scanned copies of All documents mentioned in Annexure-II,

Technical Bid, failing which their Bids will be rejected.

NOTE: All the documents to be uploaded must be signed and

stamped by the Bidder on each and every page before uploading.

Entire Bid will be rejected out rightly, if any page of any

document is found unsigned or unstamped or both.

In case, any of the documents uploaded are not readable or are

not properly uploaded, entire bid will be out rightly rejected

without any correspondence in this regard.

6. Pre-bid Meeting

6.1 A Pre-Bid meeting for interested Bidders will be held on date, time & venue as mentioned in the schedule of the tender

process. Any change in venue or timing of pre-bid meeting will

be hosted on aforesaid websites.

6.2 Interested Bidders will be allowed to seek clarification and get their doubts cleared during pre-bid meeting.

6.3 Any change that would be made in the Tender Document by



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the Competent Authority after issue of the Tender will be

hosted on aforesaid websites in the form of

Corrigendum/Addendum for incorporating the same in the Bid

before submission.

7. Validity of the Bid: The Bids will be valid for a period of

180 days from the date of opening.

8. Bid Security (Earnest Money)

8.1 The Bidders shall deposit with the ESIC an amount shown

under schedule of tender process towards an interest free Bid

security/Earnest Money Deposit (EMD) in the form of A/c Payee

Demand Draft from any nationalized bank only in favour ESI Fund

A/c No.1 payable at Ludhiana in sealed envelope superscribed as

EMD for E-TENDER FOR REFILLING AND SUPPLY OF MEDICAL GAS

CYLINDERS-2020.The sealed envelope(containing original DD) shall

be dropped in tender box by the bidders placed at Administration

Block, IInd floor. The failure or omission to deposit the

Earnest Money in the manner described above & before closing

date and time shall disqualify the Bid. Bidders registered with

MSME shall be exempted from payment of EMD. To claim exemption

from EMD, the bidders need to drop a Hardcopy of Valid MSME

Registration Certificate, in place of EMD deposit in the manner

described above.

8.2 Bidder shall not revoke his Bid or vary its terms and

conditions. If the bidder revokes the bid or varies its terms or

conditions, the Earnest Money deposited shall stand forfeited.

8.3 If the successful Bidder does not pay the Performance

Security as described in the prescribed time limit or fails to

sign the agreement their earnest money deposit shall stand

forfeited to the ESIC Model Hospital,Ludhiana.

8.4 The Earnest Money Deposit of unsuccessful Bidders shall be

refunded, after the successful Bidder pays the Performance

Security.

9. Eligible Bidders

Only those Bidders, who fulfill the eligibility criteria are

eligible to submit their Bids for the purpose of this tender.

10. Last Date for Submission

Last date for submission of online bid is mentioned in the

schedule of Tender process. In the event that the specified date

for the submission of Bid offers is declared a holiday, the

offers will be received up to the appointed time on the next

working day.

11. Manner of Submission of Bid:

The complete Bid is to be uploaded online at

https://eprocure.gov.in/eprocure/app any other mode of bid submission will not be entertained. 12. How Rates to be Quoted: The bidder is expected to work out

discount rates, keeping in view the technical specifications &

conditions and then arrive at the rate to be quoted. The Bidder

shall be deemed to have satisfied himself before Bidding as to


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the correctness and sufficiency of Bid and rates quoted in the

Financial bid, which rates and shall, except as otherwise

provided, cover all its obligations under the contract and all

matters and things necessary for proper fulfilling of his

obligations under the contract. Also please note that no prices

should be indicated in the technical bid or any other document

other than online financial bid document. Else the bid will be

out rightly rejected.

13. Other Important Points to be noted by the Bidder

a. The Financial Bid should be written both in words and figures

at appropriate places.

b. The Bidder shall submit the Bid, which satisfies each

and every condition laid down in the tender document, failing

which the Bid shall be summarily rejected. Conditional Bids will

be rejected out rightly.

14. Corrupt or Fraudulent Practices

14.1 The Medical Superintendent requires that the

Bidders under this Bid observe the highest standards of

ethics during the procurement and execution of this Contracts.

Accordingly, the Medical Superintendent defines the terms set

forth as follows:

a) ‘corrupt practice’ means the offering, giving, receiving or

soliciting of anything of value to influence the action of

the public official in the procurement process or in

contract execution; and

b) ‘fraudulent practice’ means a misrepresentation of facts in

order to influence a procurement process or an execution of

a contract to the detriment of the Medical Superintendent,

and includes collusive practice among Bidders (prior

to or after Bid submission) designed to establish

Contract Prices at artificial non-competitive levels

and to deprive the Medical Superintendent of the benefits

of the free and open competition.

14.2 The Medical Superintendent shall reject a proposal

for award, if it determines that the Bidder

recommended for award has engaged in corrupt or fraudulent

practices in competing for the Contract in question; The Medical

Superintendent shall deem a Firm ineligible, either indefinitely

or for a stated period of time, to be awarded a contract if it

at anytime it determines that the Firm has engaged in corrupt

and fraudulent practices in competing for, or in

executing, a contract.

15. Opening of Technical Bid

The Technical Bids received as per the scheduled time and date,

will be opened on date, time and venue mentioned in the

schedule of tender process in the presence of Bidders or

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their authorized Representatives present on the opening day.

Authorized representatives must produce authority letter at the

time of opening of bids duly signed by the bidder.

16. Short listing of Bidders: The committee constituted by the

Medical Superintendent will short-list technically qualified

Bidders. Financial Bids of only those Bidders, who

qualify in technical bids, will be opened at a date

and time to be intimated.

17. Opening of Financial Bid: The committee constituted by

Medical Superintendent will open the Financial Bid on the

notified date and time in the presence of Bidders or their

authorized representatives present on the day. The rates

quoted by the bidder in price schedule shall then be

read out. The contract shall be awarded to the Bidder who

quotes the Lowest rate.

18. Acceptance of Bid: Acceptance of Bid shall be done by the

Medical Superintendent. The Medical Superintendent is not bound

to accept any Bid. The Medical Superintendent reserves the

right to reject the lowest offer or all Bids received without

assigning any reason whatsoever. The acceptance of Bid will be

communicated to the successful Bidder only in writing by the

authorized officer of the Hospital.

19. Process to be Confidential: Information relating to the

examination, evaluation and comparison of Bids and the award of

Contract shall not be disclosed to Bidders or any other person

not officially concerned with such process until the award to

the successful Bidder has been announced.

20. Performance Security: To ensure due performance of the

contract, an interest free Performance Security for an

amount shown at schedule of tender process will be obtained

from successful bidder before signing of agreement in the form

of an Account payee Demand Draft in favor of ESI Fund A/c

No.1, payable at Ludhiana. If the successful Bidder does not

pay the Performance Security, his/her Earnest Money Deposit

shall stand forfeited.

21 Execution of Contract Documents

21.1 The successful Bidder after arranging Performance

Security in favor of ESI Fund A/c No.1 payable at Ludhiana

as described, is required to execute an Agreement on a stamp

paper of Appropriate value. The Agreement should be

signed within 10 days from the date of acceptance of the Bid.

The Contract will be governed by the Agreement, the Conditions

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of the Contract (CoC) and other documents as specified in the

CoC.

21.2 It shall be incumbent on the successful Bidder to

pay stamp duty, legal and statutory charges for the

Agreement, as applicable on the date of the execution.

22. Rights of the Hospital.

The Medical Superintendent reserves the right to suitably

increase/reduce the scope of work mentioned in this tender.

In case of any ambiguity in the interpretation of any of the

clauses in tender Document or the conditions of the Contract,

interpretation of the clauses or conditions by the Medical

Superintendent shall be final and binding on all Parties.

23. Notice to form Part of Contract

Tender Notice, tender document, terms & conditions of

tender shall form part of the Agreement of the Contract.

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5. CONDITIONS OF CONTRACT

(Among other conditions, the following conditions will form part of the agreement)

1 The contract shall be valid for a period of 2 years from

the date of awarding the contract, unless short closed

before that by the Medical Superintendent, ESIC Model

Hospital, Ludhiana. Contract can be extended for one year

on same rates terms & conditions further at the discretion

of Medical Superintendent after mutual consent subject to

satisfactory performance.

1.1 Termination of Contract by the Medical Superintendent

It shall also be lawful for the Medical

Superintendent to terminate the Agreement at any

time without assigning any reason and without being

liable for loss or damage which the Contractor may

suffer by reason of such termination. Any such termination

shall be without prejudice to any other right of the ESIC

under the contract.

1.2 Termination of Contract by Agency/Agencies

The Agency has no right to terminate the contract in

between contract period else Performance security shall

stand forfeited.

1.3 Should any part of the Agreement be illegal or

unenforceable the remaining provisions shall so far as they

are capable of being performed and observed, shall continue in

full force and effect.

2. The Contractor shall be responsible for any injury to

the workmen and to persons or things and for all damages to

the structural and/or decorative part of property which may

arise from the operations or neglect of himself or any of his

employees whether such injury or damage arise from

carelessness, accident or any other causes whatsoever in

any way connected with carrying out of this contract.

2.1 The contractor shall indemnify and keep indemnified the

Medical Superintendent against all losses and claims for

injuries or damage to any person or any property whatsoever

which may arise out of or in consequence of the Contract

and against all claims, demands, proceedings, damages,

costs, charges and expenses whatsoever in respect of or

in relation thereto under the provisions of various labour

laws as amended from time to time.

2.2 The Agency shall indemnify, protect and save the

Medical Superintendent against all claims, losses, costs

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damages, expenses, action suits and other proceeding, resulting

from infringement of any patent, trademarks, copyrights etc. or

such other statutory infringements. The Medical Superintendent

shall be at liberty and is hereby empowered to deduct the amount

of any damages, compensations, costs, charges, and expenses

arising or accruing from or in respect of any such claim or

damages from any sums due or to become due to the

Agency/Agencies.

3. Confidentiality

The Agency shall not divulge or disclose proprietary knowledge or

any information obtained while delivering Goods and services

under this Contract to any person.

4. Publicity

The contractor shall not use the name of ESIC Model Hospital,

Ludhiana for the purpose of publicity.

5. Disputes & Arbitration

The Medical Superintendent and the contractor 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.

5.1 If a dispute(s) of any kind whatsoever that cannot

be resolved, the same shall be referred to the Arbitrator,

appointed by the Medical superintendent.

6. Mode of Serving Notice

6.1 Communications between Parties which are referred to in

the Contract are effective only when in writing. A notice shall

be effective only when it is delivered.

6.2 All notices shall be issued by the authorized

officer of the ESIC Model Hospital, Ludhiana, unless

otherwise provided in the Contract. In case, the notice is sent

by registered post to the last known place or abode or business

of the Contractor, it shall be deemed to have been served on the

date when in the ordinary course of post these would have been

served on or delivered to it.

7. Governing language:

Governing language for the entire contract and communication

thereof shall be Hindi & English only.

8. Law

The contract shall be governed and interpreted under Indian Laws.

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9. Legal Jurisdiction

No suit or other proceedings relating to performance or breach of

Contract shall be filed or taken by the Agency in any Court of

law except the competent Courts having jurisdiction within the

local limits of Ludhiana only.

10. AGREEMENT AND WARRANTY

10.1 Nothing in this Agreement shall create, or be

deemed to create, a partnership or the relationship of

employer and employee between the parties.

10.2 Individuals signing the tender or other document

concerned with the contract must specify that he/she signs as :

a. A Sole proprietor of the firm ,or constituted attorney of

such proprietor.

b. A partner of the firm if it be a partnership in which case

he must have authority to refer disputes to arbitration in

case of any dispute.

c. Constituted attorney of the firm, if it is a company.

NOTE : A) In case of (b) a copy of the partnership agreement

or General Power of Attorney, in either case attested by a

notary Public should be furnished. An affidavit on stamped

paper of all the papers admitting execution of the partnership

agreement or the general Power of attorney should be

furnished.

B) In the case of Partnership firms, where authority to

refer disputes concerning the business or the partnership has

been conferred on any partner, the tender and all other related

documents must be signed by every partner of the firm.

C) A person signing the tender form or any documents forming

part of the contract on behalf of another shall be deemed to

be construed that he has authority to sign and if on inquiry

it appears that the person so signing has no authority to do

so, the purchaser, without prejudice to other civil criminal

remedies, will cancel the contract and hold the signatory

responsible for all costs and damages.

10.3 Each party acknowledges that in entering into this

Agreement, it does not do so on the basis of and does not

rely on any representations, warranty or other provisions except

as expressly provided herein and all conditions, warranties or

other terms implied by statute or common law are hereby excluded

to the fullest extent permitted by law.

11. All the documents like tender notice, tender document,

scope of work, eligibility criteria, other terms & conditions

mentioned in tender document form parts of this

contract/Agreement.

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6. Work Specific Terms and Conditions:

1. All cylinders supplied by the firm must strictly be made as

per regulatory requirements including filling norms as per Gas

cylinder rule 1981 as amended from time to time.

2. The firm shall have to supply the gas in the cylinder which

are available in the hospital. Howsoever any additional

requirements of various type of cylinder will have to be met by

the firm.

3. Firm should be able to provide the services within the

existing infrastructure available in the manifold room/Medical

Store of the hospital. And must quote for all or any gases i.e.

oxygen , nitrous oxide & carbon dioxide.

4. Successful tenderer will also be responsible for the

repair, testing, painting of hospital cylinders.

4.1 if any repair, testing, painting is due on hospital

cylinders then the firm should inform in advance to the hospital

only then same will be considered.

4.2 All cylinders should be properly painted as per their

respective colour code. The cylinder No, Name of company and

name of gas cylinder contents should be clearly indicated on the

neck of the cylinder.

5. All the cylinder of Medical gases should compulsorily have:

a) Valve protection caps

b) Valve with nickle plating only.

c) History card of cylinder with company`s monogram on

it,date of last testing , and date of next testing.

6. The rejected supply ,if any shall be taken back immediately

and replaced by the firm at its own cost within 24hrs and

without causing any interruption to the hospital services.

7. The firm should be able to maintain uninterrupted supply of

medical gases even in emergency. Supplier should have adequate

arrangement for supply of Medical Gases.

8. Indents are to be accepted, duly countersigned by store

Incharge whose specimen signature will be supplied to gases

supplier ,duly attested ,by the Medical Superintendent. In case

absence of Store Incharge, on change of Store Incharge specimen

signature (attested by Medical Superintendent) will be supplied

to the firm may be accepted.

9 Refilling – Empty cylinders will be collected & delivered by

the firm from the ESIC Model Hospital, Ludhiana for refilling at

their own cost.

10. All cylinders shall compulsorily weighted before handing

over empty cylinders and at the time of receiving filled

cylinders at store.

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11. At the time of award of the contract the firm shall have to

test, repair and paint all the hospital cylinders & thereafter

repair and painting will have to be ensured by the firm time to

time with advance intimation to the hospital and testing to be

done on each occasion of refilling of cylinders.

12. Delivery of supplies. The delivery of supplies will be made

on the same day of the collection of indents or latest by the

next day (within 24 hours), at the premises of the Hospital or

as directed (Firm should give undertaking). On no account there

should be delay or refusal by Gas Supplier In that case the

Hospital would make alternative arrangement at the risk and cost

of the gas supplier.

13. In case of any failure or refusal by Gases Supplier to

supply gases to the Hospital, the contract is liable to be

cancelled at risk and cost of the supplier. Any extra cost

involved in arranging supplies from alternative source will be

recovered from his subsequent /pending bills. Irregular supplies

/failure to fulfill the terms of contract may entail for closure

of contract and for forfeit of Performance security deposit.

14. Presentation of bill - The contractor shall prefer the bill

for each fortnight for payment.

i. The Bill shall be on letter head of the firm serial

number(invoices/credit bill) with the name and address of the

firm and GST registration number printed thereon.

ii. The bill shall show the summary of the total amount for

each day, Sr No of cylinder & the net amount claimed supported

by the acknowledged first copy of the indent, with all the

columns duly filled in.

iii. The purchaser also reserves the right to demand in any

case, the original of the source Suppliers Invoices for

verification of the net trade price claimed by the contractor.

15. Color Coding to be complied by the vendor at all levels.

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7. GENERAL TERMS AND CONDITIONS

1. The firm should be reputed and should have minimum experience

of 2 years or more in supplying medical gases to at least one

100 or more bedded hospital, this should be supported with a

certificate issued by the concerned hospital along with copy of

supply order and firm should also have supply depot in Ludhiana

to ensure uninterrupted regular supply of gases.

2. The firm must be Authorized Distributor/manufacturer of

medical gases i.e Medical Oxygen IP, Nitrous-oxide and Carbon

Dioxide and should have valid manufacturing License issued from

the state drug controller as per the provisions of the Drugs and

Cosmetics Act 1940 and rules there under, as amended time to

time issued by CCE Nagpur or any other statutory Authority.

3. The firm should have a valid license for storage, filling and

cylinder testing license and other licenses, if any issued by

CCE Nagpur as statutory requirement (Attested copies of letter

to be attached).

4. The tenderer has to ensure compliance of rule 3 of gas

cylinder Rules-2004 and timely obtain necessary filling

permission from the chief controller of explosives under Rule -

45. While supplying the cylinders for filling of compressed

cryogenic gases, if required.

5. The firm should have its own full fledged lab with full time

chemist to test each batch to preserver and to provide batch

testing reports of previous year on demand.

6. The firm should have in house facility for testing/trace

impurities in P.P.M / P.P.B range for CO,NO, phosphines,

polymers, So2 and Argon etc. The facilities should be open to

scrutiny by the hospital authorities.

7. The firm should responsible for any mishap/liability on

account of non-conformities to safety standards and non

compliance of rules for medical gases.

8. Incomplete & or conditional tender will not be accepted.

9. Quotation will be strictly according to the required

specification and in case of formulation details formula along

with the name of Manufacturer and the brand under which the

product is marketed should also be stated in Annexure – II i.e

Technical Bid.

10. Rates should be quoted on FOR destination basis at ESI Model

Hospital Ludhiana.

11. The firm shall not be paid any other charges then the quoted

in bid.

12. The tenderer is bound to supply medical gases to be used in

hospital. During the validity of tender at the approved rates.

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If the price of any item is reduced due to any reasons during

the validity of tender, the firm will intimate the same to this

hospital and reduce the rate immediately.

13. The firm should have separate tanks and filling decks for

medical and industrials oxygen to avoid any chance of mix up

which may be harmful to the patients.

MEDICAL SUPERINTENDENT

ESIC M.H LUDHIANA

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Annexure –I

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

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

after opening of bids)

PRE-CONTRACT INTEGRITY PACT General

1. This pre-bid contract agreement (hereinafter called the

Integrity Pact) is made on _______ the day of the month of

______ year 2020, between on one hand of Medical

Superintendent, ESIC Model hospital, Ludhiana (hereinafter

called the “Buyer” which expression shall mean and include,

unless the context otherwise requires his successors in office

and assigns) of the First Part and

M/s__________________________________________________________,

represented by, ____________________________________________,

(hereinafter called the “BIDDER/SELLER” which expression shall

mean and include, unless the context otherwise requires his

successors in office and assigns ) of the Second Part. WHEREAS the BUYER proposes for Refilling and supply of Medical

Gases and the Bidder/Seller is willing to offer/has offered the

stores/services.

Whereas the Bidder is a private company/public company/partner-

ship/ registered export agency, constituted in accordance with

the relevant law in the matter and the Buyer is a autonomous

body under Ministry of Labour & Employment, Government of India

performing its functions on behalf of the President of India.

Objectives

2. Now, therefore, the Buyer and the Bidder agree to enter into this pre-contract agreement, hereinafter referred to

as Integrity Pact, to avoid all forms of corruption by

following a system that is fair, transparent and free

from any influence/unprejudiced dealings prior to, during

and subsequent to the currency of the contract to be

entered into with a view to: -

3.1 Enabling the Buyer to obtain the desired said services at a

competitive price in conformity with the defined specifications

of the Services by avoiding the high cost and the distortionary

impact of corruption on public procurement, and 3.2 Enabling bidders to abstain from bribing or any corrupt

practice in order to secure the contract by providing assurance

to them that their competitors will also refrain from bribing

and other corrupt practices and the Buyer will commit to prevent

20


corruption, in any form, by their officials by following

transparent procedures.

Commitments of the Buyer

4. The Buyer Commits itself to the following: -

4.1 The Buyer undertakes that no official of the Buyer,

connected directly or indirectly with the contract, will

demand, take a promise for or accept, directly or through

intermediaries, any bribe, consideration, gift, reward,

favor or any material or immaterial benefit or any other

advantage from the Bidder, either for themselves or for any

person, organization or third party related to the contract

in exchange for an advantage in the bidding process, bid

evaluation, contracting or implementation process related

to the Contract.

4.2 The Buyer will, during the pre-contract stage, treat

all Bidders alike, and will provide to all Bidders the same

information and will not provide any such information to

any particular Bidder which could afford an advantage to

that particular Bidder in comparison to other Bidders.

4.3 All the officials of the Buyer will report to the

appropriate Government office any attempted or completed

breaches of the above commitments as well as any

substantial suspicion of such a breach.

5. In case of any such preceding misconduct on the part of such

official(s) is reported by the Bidder to the Buyer with full and

verifiable facts and the same is prima facie found to be correct

by the Buyer, necessary disciplinary proceedings, or any other

action as deemed fit, including criminal proceedings may be

initiated by the Buyer and such a person shall be debarred from

further dealings related to the contract process. In such a case

while an enquiry is being conducted by the Buyer the proceedings

under the contract would not be stalled.

Commitments of Bidders

6.1 The Bidder commits himself to take all measures necessary to

prevent corrupt practices, unfair means and illegal activities

during any stage of his bid or during any pre-contract or post-

contract stage in order to secure the contract or in furtherance

to secure it and in particular commits himself to the following:

3. The Bidder will not offer, directly or through

intermediaries, any bribe, gift, consideration, reward,

favor, any material or immaterial benefit or other

21


advantage, commission, fees, brokerage or inducement to

any official of the Buyer, connected directly or

indirectly with the bidding process, or to any person,

organization or third party related to the contract in

exchange for any advantage in the bidding, evaluation,

contracting and implementation of the Contract.

6.3 The Bidder further undertakes that he has not given,

offered or promised to give, directly or indirectly any bribe,

gift, consideration, reward, favor, any material or immaterial

benefit or other advantage, commission, fees, brokerage or

inducement to any official of the Buyer or otherwise in

procuring the Contract or forbearing to do or having done any

act in relation to the obtaining or execution of the Contract or

any other Contract with the Government for showing or forbearing

to show favor or disfavor to any person in relation to the

Contract or any other Contract with the Government.

4. The Bidder will not collude with other parties interested in the contract to impair the transparency, fairness and

progress of the bidding process, bid evaluation,

contracting and implementation of the contract.

6.5 The Bidder will not accept any advantage in exchange for any

corrupt practice, unfair means and illegal activities.

6.6 The Bidder further confirms and declares to the Buyer that

the Bidder is the original manufacturer/service

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

has not engaged any individual or firm or company whether Indian

or foreign to intercede, facilitate or in any way to recommend

to the Buyer or any of its functionaries, whether officially or

unofficially to the award of the contract to the Bidder, nor has

any amount been paid, promised or intended to be paid to any

such individual, firm or company in respect of any such

intercession, facilitation or recommendation.

6.7 The Bidder, either while presenting the bid or during pre-

contract negotiations or before signing the contract, shall

disclose any payments he has made, is committed to or intends to

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

brokers or any other intermediaries in connection with the

contract and the details of services agreed upon for such

payments.

6.8 The Bidder shall not use improperly, for purposes of

competition or personal gain, or pass on to others, any

information provided by the Buyer as part of the business

relationship, regarding plans, technical proposals and business

details, including information contained in any electronic data

carrier. The Bidder also undertakes to exercise due and adequate

22


care lest any such information is divulged.

6.9 The Bidder commits to refrain from giving any complaint

directly or through any other manner without supporting it with

full and verifiable facts.

6.10 The Bidder shall not instigate or cause to instigate any

third person to commit any of the actions mentioned above.

5. Previous Transgression

7.1 The Bidder declares that no previous transgression occurred

in the last three years immediately before signing of this

Integrity Pact, with any other company in any country in respect

of any corrupt practices envisaged hereunder or with any Public-

Sector Enterprise in India or any Government Department in

India, that could justify bidder‟s exclusion from the tender

process.

7.2 If the Bidder makes incorrect statement on this subject,

Bidder can be disqualified from the tender process or the

contract, if already awarded, can be terminated for such reason.

6. Earnest Money/Security Deposit

8.1 Every bidder, while submitting bid, shall deposit an

amount as shown under schedule of tender process.

8.2 The Earnest Money/Security Deposit shall be valid till

the completion of tender process.

8.3 In the case of successful bidder a clause would also be

incorporated in the Article pertaining to Performance

Bond in the Purchase Contract that the provisions of

Sanctions for Violation shall be applicable for

forfeiture of Performance Bond in case of a decision by

the Buyer to forfeit the same without assigning any

reason for imposing sanction for violation of this pact.

8.4 The provisions regarding Sanctions for Violation in

Integrity Pact include forfeiture of Performance Bond in

case of a decision by the Buyer to forfeit the same

without assigning any reason for imposing sanction for

violation of Integrity Pact.

8.5 No interest shall be payable by the Buyer to the

Bidder(s) on Earnest Money/Security Deposit for the

period of its currency.

7. Company Code of Conduct

9.1 Bidders are also advised to have a company code of conduct

(clearly rejecting the use of bribes and other unethical

behavior) and a compliance program for the implementation of the

code of conduct throughout the company.

23


8. Sanctions for Violation

9. Any breach of the aforesaid provisions by the Bidder or any one employed by him or acting on his behalf (whether

with or without the knowledge of the Bidder) or the

commission of any offence by the Bidder or any one

employed by him or acting on his behalf, as defined in

Chapter IX of the Indian Penal Code, 1860 or the

Prevention of Corruption Act 1988 or any other act

enacted for the prevention of corruption shall entitle

the Buyer to take all or any one of the following

actions, wherever required:-

I. To immediately call off the pre-contract negotiations

without assigning any reason or giving any compensation to

the Bidder. However, the proceedings with the other

Bidder(s) would continue.

II. The Earnest Money/Security Deposit/Performance Bond shall

stand forfeited either fully or partially, as decided by the

Buyer and the Buyer shall not be required to assign any

reason therefore.

III. To immediately cancel the contract, if already signed,

without giving any compensation to the Bidder.

IV. To recover all sums already paid by the Buyer, and in case

of an Indian Bidder with interest thereon at 2% higher than

the prevailing Prime Lending Rate, while in case of a Bidder

from a country other than India with interest thereon at 2%

higher than the LIBOR. If any out-standing payment is due to

the Buyer from the Bidder in connection with any other

contract for any other stores, such outstanding payment

could also be utilized to recover the aforesaid sum and

interest.

V. To encash the advance bank guarantee and performance

bond/warranty bond, if furnished by the Bidder, in order to

recover the payments, already made by the Buyer, along with

interest.

VI. To cancel all or any other Contracts with the Bidder. VII. To debar the Bidder from entering into any bid from the

Government of India for a minimum period of five years,

which may be further extended at the discretion of the

Buyer.

VIII. To recover all sums paid in violation of this Pact by

Bidder(s) to any middleman or agent or broker with a view to

securing the contract.

IX. If the Bidder or any employee of the Bidder or any person acting on behalf of the Bidder, either directly or

indirectly, is closely related to any of the officers of the

Buyer, or alternatively, if any close relative of an officer

24


of the Buyer has financial interest/stake in the Bidder‟s

firm, the same shall be disclosed by the Bidder at the time

of filing of tender. Any failure to disclose the interest involved shall entitle

the Buyer to rescind the contract without payment of any

compensation to the Bidder.

The term „close relative‟ for this purpose would mean spouse

whether residing with the Government servant or not, but not

include a spouse separated from the Government servant by a

decree or order of a competent court; son or daughter or

step son or step daughter and wholly dependent upon

Government servant, but does not include a child or step

child who is no longer in any way dependent upon the Government servant or of whose custody the Government

servant has been deprived of by or under any law; any other

person related, whether by blood or marriage, to the

Government servant or to the Government servant‟s wife or

husband and wholly dependent upon Government servant.

X. The Bidder shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly

or indirectly, with any employee of the Buyer, and if he

does so, the Buyer shall be entitled forthwith to rescind

the contract and all other contracts with the Bid-der. The

Bidder shall be liable to pay compensation for any loss or

dam-age to the Buyer resulting from such rescission and the

Buyer shall be entitled to deduct the amount so payable from

the money(s) due to the

Bidder.

XI. In cases where irrevocable Letters of Credit have been

received in respect of any contract signed by the Buyer with

the Bidder, the same shall not be opened.

10. The decision of the Buyer to the effect that a breach

of the provisions of this Integrity Pact has been

committed by the Bidder shall be final and binding on the

Bidder, however, the Bidder can approach the monitor(s)

appointed for the purposes of this Pact.

11. Fall Clause

12. The Bidder undertakes that he has not supplied/is not

supplying the similar items/services at a price lower

than that offered in the present bid in respect of any

other Ministry/Department of the Government of India/

institution and if it is found at any stage that the

item/service was supplied by the Bidder to any other

Ministry/Department of the Government of

India/institution at a lower price, then that very price

will be applicable to the present case and the difference

25


in the cost would be refunded by the Bidder to the Buyer,

if the contract has already been concluded.

12. Examination of Books of Accounts

In case of any allegation of violation of any provisions of

this Integrity Pact or payment of commission, the Buyer or its

agencies shall be entitled to examine the Books of Accounts of

the Bidder and the Bidder shall provide necessary information of

the relevant financial documents in English and shall extend all

possible help for the purpose of such examination.

13. Law and Place of Jurisdiction :This Pact is subject to

Indian Law. The place of performance and jurisdiction is

the seat of the Buyer i.e. Ludhiana or as decided by the

BUYER.

14. Other Legal Actions :The actions stipulated in this

Integrity Pact are without prejudice to any other legal

action that may follow in accordance with the provisions

of the extant law in force relating to any civil or

criminal proceedings.

15. Validity

The validity of this Integrity Pact shall be from date of

its signing and extend up to 5 years or the complete execution

of the contract to the satisfaction of the Buyer, whichever is

later.

Should one or several provisions of this Pact turn out to be

invalid, the remainder of this Pact remains valid. In this case,

the parties will strive to come to an agreement to their

original intentions.

Both the parties signing this integrity pact shall abide

the provisions of this pact and will follow the guidelines of

Independent External Monitors or any other monitoring committee

nominated by the competent authority for the purpose at any

stage.

The Parties hereby sign this Integrity Pact on ___/__/2020. MS, ESIC, MH, Ldh (1

st Part) Bidder (2

nd Part)

Witness Witness

1.

2.

26


Annexure –II

FORMAT FOR TECHNICAL BID

1. Name of the Agency/Company/Firm ________________________________

2. Are you Manufacturer or Supplier or both? ________________________________

3. Date of Incorporation & registration number with validity period ______________

(In case, services discontinued at any time after establishment, mention the

period(s)

4. Registered Address of the Centre(Attach Proof)

_____________________________________

_____________________________________

_____________________________________

5. Telephone, FAX, E-mail, Mobile phone number ___________________________________

6. Demand Draft number & amount (As EMD) ____________________________________

7. PAN number (Attach Proof) ____________________________________

8. ESI & EPF No: _____________________________________

8. GSTIN (Attach Proof) ____________________________________

9. Name and contact detail of Contact Person ____________________________________

10. Account Details(Attach cancelled cheque as proof)

Name of Bank&Branch______________________________________________

A/c no. ______________________________Branch Code_______________

IFS Code______________________MICR Code__________________________

11. Turnover during last 2 financial years

(Attach copies of audited Balance Sheets)

12. Experience in years (Attach Proof) _________________________________

13. Valid Authorisation certificate from manufacturer(if not a manufacturer)?(Attach Proof) Yes/No

14. Valid drug licence number for medical oxygen, nitrous oxide & CO2 (Attach Proof) _____________________________________

15. Valid licence number for storage, filing and testing of cylinders (Attach Proof)

_____________________________________

16. Valid CCE approved test shop certificate number (Attach Proof) _________________

17. Valid factory licence number (if manufacturer) - Attach Proof _________________

18. Total number of tanks in possession for liquid Oxygen, Co2 & nitrous

Financial Year Income (A) Expenditure (B) Net Profit/Loss (A-B)

2017-18

2018-19

27


oxide(Attach Proof) _________________________________

20. Details of Medical Gas Quoted:

Medical Oxygen Nitrous Oxide Carbon Dioxide

Name of Mfg_______________ Name of Mfg_______________ Name of Mfg_______________

Specification/formulation

_________________________


_________________________


_________________________

Brand Name of Product(if any)

__________________________


__________________________


__________________________

21. Mandatory Documents List (for uploading)

S.N

o

Document

1. Earnest Money (Refundable) in form of DD in favour of ESI Fund A/C

No. 1, payable at Ludhiana or Signed & stamped copy of MSME

Registration

2. GST Registration certificate/TIN Number.

3. The bidder must have a minimum experience of two years. Satisfactory

certificate should be submitted along with bid. Copies of work

orders and completion certificates in support of experience of the

company/firm.

4. Lowest rate certificate, that rate quoted in this tender are not

higher than those quoted elsewhere.

5. Balance Sheets & Profit & Loss accounts certified by Chartered

Accountant for two financial years i.e. 2017-18 and 2018-19.

6. Signed & stamped copy of Entire E- Tender document all pages except

Annexures.

7. Registration /Incorporation of company/firm/Partnership.

8. Copy of PAN Number

9. An undertaking ON STAMP PAPER OF APPROPRIATE VALUE ATTESTED BY

NOTARY OR EXECUTIVE MAGISTRATE I.E. ANNEXURE III

10. Pre-Contract Integrity Pact duly signed and stamped by the Bidder in

the presence of 2 witnesses.(ANNEXURE I)

11. Technical Bid duly filled and signed as per Annexure-II & IV.

12. Authority Letter to sign the tender documents (If signed by other

than Manager/Director/Proprietor/ Partner, as the case may be).

13. Authority Letter to attend Technical and Financial Evaluation

process (If other than the Bidder).

14. Copies of ESI & EPF Registration

15. Copy of Factory Licence (in case of manufacturer)

16. Authorisation certificate from manufacturer (Only if supplier is not

a manufacturer).

17. Valid manufacturing licence (In case, bidder is manufacturer),

issued under Drugs and cosmetic Act.

18. Valid Drug licence and valid licence for storage, filling and

testing of compressed gas in cylinders issued by competent

authority.

19. Valid license from CCE for filling and testing of cylinders.

28


20. Permission by the concerned authority to ply all times during the

day and night (to and fro).

21. Analytical Report on conformity to the IP standard 2014/latest

Indian Pharmacopoeia of the Medical Gas for latest batch.

It is certified that the particulars given above are true to the best of my/our

knowledge and belief and nothing has been concealed or wrongly stated. In case, at

any stage any fact turns out to be wrongly stated or concealed by me, I will be

liable for legal action apart from fine imposed on me by the Medical Superintendent.

Signature & stamp of Bidder

29


Annexure-III

9. UNDERTAKING

(To be submitted on stamp paper of Rs 25/- attested by Notary or executive Magistrate)

I, _______________________ (Name) am Proprietor/Partner/Director /Manager of M/s

___________________. I am competent and authorized to sign this undertaking and

execute this tender document.

I Undertake as under:

1. I have carefully read and understood all the terms and conditions of the tender

and hereby convey my acceptance of the same unconditionally.

2. The information / documents furnished along with the application are true and

authentic to the best of my knowledge and belief. I / we, am / are well aware of

the fact that furnishing of any false information / fabricated document would

lead to rejection of my tender at any stage besides rendering me/us liable for

prosecution under appropriate law.

3. The undersigned certifies that I/We have gone through the terms &

conditions mentioned in the tender document and undertake to abide by all the

terms & conditions set forth ,including 24 hours delivery of supplies.

4. I/We have a minimum experience of two years in the relevant field.

5. I/We agree to hold this offer open for two years.

6. I am /We are fully aware of nature of stores required & my/ our offer is to

supply stores strictly according to the requirements.

7. I/We agree to arrange the supplies in accordance with the nomenclature,

Specifications and packages given in the tender document.

8. I/We agree to arrange the supplies of the life articles as stipulated in the

schedule in the tender at any time whenever required.

9. I/We agree that supply of aforesaid will comply with the provisions of the

Drugs Act & Cosmetic, 1940 and Rules there under, which are amended time to time.

10. I/We my/our company has not been declared as blacklisted by any

Govt./Semi Govt./ Govt. undertaking/institution/ hospital or otherwise in india

or Abroad.

11. No CBI case or vigilance case or any case including case under Drugs and

cosmetic act, 1940 pending against our firm.

12. I/we ensure the compliance of rule 3 of gas cylinder Rules-2004 and

timely obtain necessary filling permission from the chief controller of

explosives under Rule-45. While supplying the cylinders for filling of compressed

cryogenic gases, if required

Signature of Owner/Managing Partner/Director

Date: Full Name:

Place: Company‟s Seal

30


ANNEXURE-IV

CHECKLIST (Each page of all the documents must be signed and stamped by the bidder before uploading and

submitting)

S.

No

Mandatory Documents For

uploadi

ng

Hard Copy Tick

the

box

1. Earnest Money (Refundable) in form of DD in favour of

ESI Fund A/C No. 1, payable at Ludhiana or Signed &

stamped copy of MSME Registration

Copy YES

DD = ORIGINAL

MSME = Registration

copy

2. GST Registration certificate/TIN Number. Copy NO

3. The bidder must have a minimum experience of two

years. Satisfactory certificate should be submitted

along with bid. Copies of work orders and completion

certificates in support of experience of the

company/firm.

Copy NO

4. Lowest rate certificate, that rate quoted in this

tender are not higher than those quoted elsewhere.

Copy NO

5. Balance Sheets & Profit & Loss accounts certified by

Chartered Accountant for two financial years i.e.

2017-18 and 2018-19.

Copy NO

6. Signed & stamped copy of Entire E- Tender document all

pages except Annexures.

Copy NO

7. Registration /Incorporation of

company/firm/Partnership.

Copy NO

8. Copy of PAN Number Copy NO

9. An undertaking ON STAMP PAPER OF APPROPRIATE VALUE

ATTESTED BY NOTARY OR EXECUTIVE MAGISTRATE I.E.

ANNEXURE III

Copy NO

10. Pre-Contract Integrity Pact duly signed and stamped by

the Bidder in the presence of 2 witnesses.(ANNEXURE I)

Copy NO

11. Technical Bid duly filled and signed as per Annexure-

II & IV.

Copy NO

12. Authority Letter to sign the tender documents (If

signed by other than Manager/Director/Proprietor/

Partner, as the case may be).

Copy NO

13. Authority Letter to attend Technical and Financial

Evaluation process (If other than the Bidder).

Copy NO

14. Copies of ESI & EPF Registration Copy NO

15. Copy of Factory Licence (in case of manufacturer) Copy NO

16. Authorisation certificate from manufacturer (Only if

supplier is not a manufacturer).

Copy NO

17. Valid manufacturing licence (In case, bidder is

manufacturer), issued under Drugs and cosmetic Act.

Copy NO

18. Valid Drug licence and valid licence for storage,

filling and testing of compressed gas in cylinders

issued by competent authority.

Copy NO

19. Valid license from CCE for filling and testing of

cylinders.

Copy NO

20. Permission by the concerned authority to ply all times

during the day and night (to and fro).

Copy NO

21. Analytical Report on conformity to the IP standard

2014/latest Indian Pharmacopoeia of the Medical Gas

for latest batch.

Copy NO

Signature of bidder with stamp

31


Annexure –V

FINANCIAL BID

(TO BE FILLED ONLINE ONLY)

A) RATES FOR SUPPLY OF MEDICAL GASES

I/We, the under mentioned supplier of Medical gases quote the

rates of following medical gases on which we are ready to supply

the same to Medical Superintendent, ESIC Model Hospital,

Ludhiana.

Note: If a Bidder doesn‟t want to bid for any of the above items

same may be quoted as “0” (zero) in Rate column(column 7 of BOQ)

against the respective items while applying online.

L1 will be decided individually for each item.

Taxes will be paid extra as applicable.

Signature of bidder with stamp

PARTICULARS MEDICAL OXYGEN

(PER CYLINDER)

TYPE A TYPE B

MEDICAL OXYGEN

(PER CYLINDER)

TYPE D

BULK PER M3 OF GAS

NITROUS OXIDE

GAS PER 1000

LTR(WDS/FFGR)

CO2 PER KG

CYLINDER

TYPE A TYPE B

Amount in

Rs.

(Excluding

Taxes)