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Nit229 2024

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0% found this document useful (0 votes)
19 views58 pages

Nit229 2024

Uploaded by

bidyutndt94
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 58

Notice Inviting e-Tender

e
West Bengal Medical Services Corporation Limited
Swasthya Sathi
GN--29, Salt Lake, Sector-V
Kolkata-700091
Phone No (033) 40340307/320
E mail: [email protected]
Supply and Commissioning of Echocardiography Machine for Department of Cardiology
at Bankura Sammilani Medical College and Hospital, Bankura
(Submission of Bid through online)
(2nd call of bid
id Reference No.: WBMSCL/NIT-152/2024; Dated-28.02.2024)
.2024)
Bid Reference No.: WBMSCL/NIT
WBMSCL/NIT-229/2024 Dated-15.04.2024
Dated

1. West Bengal Medical Services Corporation Limited (WBMSCL) has been requested by the
Government of West Bengal to procure on their behalf for Supply and Commissioning of
Echocardiography Machine for Department of Cardiology at Bankura Sammilani Medical
College
ege and Hospital, Bankura of the Govt. of West Bengal.

2. WBMSCL hereby invites bids from eligible and qualified Tenderers for the supply of Supply and
Commissioning of Echocardiography Machine for Department of Cardiology at Bankura
Sammilani Medical Collegee and Hospital, Bankura ass per Schedule of Requirement.
3. Intending Tenderer may download the tender document from the e-tender
e tender portal of Govt. of West
Bengal at wbtenders.gov.in and the website of WBMSCL at www.wbmsc.gov.in. The submission
of bids should be through online only at wbtenders.gov.in. Earnest money to be drawn in favour of
‘West Bengal Medical Services Corporation Limited’ through online issued from any scheduled
bank payable at Kolkata.
4. Non statutory documents, Bid – A, Bid – B & Bid – C are to be submitted concurrently.

Sd/-
Managing Director,
Table for Important Dates
Sl. Items Date(s)
1. Date of uploading of N.I.T. Documents (online) / Date of Issue / Published on 22.04.2024
2. Documents download start date (Online) 22.04.2024
Date of Pre Bid Meeting with the intending Tenderers in the Conference Hall of 30.04.2024 at 12:30
3.
West Bengal Medical Services Corporation Limited PM
4. Bid submission start date (On line) 04.05.2024
Bid submission closing (On line)
Bid submission includes:
i) Non statutory documents to be submitted under My Space
(Each sub-category item should be in multiple page single PDF file)
ii) BID – A (Should be in multiple page single PDF file)
iii) BID – B (Should be in multiple page single PDF file)
iv) BID – C (BOQ and price of consumables & spares etc.)

Detailed list of documents annexed at Section V Check-List Form


13.05.2024 up to
5.
05:00 PM
Non-statutory document (document uploaded in My Space), Bid – A & Bid – B
constitute the technical bid and Bid – C is the financial bid.

Any wrong or misleading information provided by the Tenderer during


submission of bids shall lead to summary cancellation of bid and may lead to
blacklisting in WBMSCL for at least 5 years.

Each scanned documents should have an index page indicating the name of
the documents enclosed with page number.
13.05.2024 after
6. Bid opening date for Technical Proposals (Online) (Bid A & B)
05:00 PM
Bidders to remain present at WBMSCL office, Kolkata for identification of the
7. To be notified later
documents for the technical bid evaluation
8. Functional demonstration of the equipment To be notified later
9. Submission of non-statutory wanting document (if any) To be notified later
10. Opening of Financial Bid (Online) To be notified later

Page | 2
Section I: Instructions to Tenderers
A. Important information at a glance
(The item suffixed by “E” in bracket indicates Eligibility Criteria for a bidder)

1. Tender Schedule Details


Sl. No. ITEM QTY Warranty

1 Echocardiography Machine 01 2 Years

2. Tender Fees : Exempted


3. Earnest Money Deposit (EMD) (E)
Sl. No. ITEM AMOUNT IN INR INSTRUMENT

1 Echocardiography Machine 1,00,000.00 (Online)

4. Annual Turnover requirements: (E)


The Tenderers should have annual sales turnover (i.e. total turnover of the company) of minimum on
an average of last three financial years ((2019-20, 2020-21 and 2021-22 or 2020-21, 2021-22 and
2022-23) as per the Audited Accounts of the Organization as mentioned in the table below:

Sl. No. ITEM Annual Turnover in Crore Rs.


1 Echocardiography Machine 1.0 Crore

5. (a) Time for Supplies & Commissioning of work from the date of issuance of Award of
Contract

Sl. No. ITEM Time


I Echocardiography Machine 30 Days

Page | 3
(b) Payment Terms

I. General Terms
(i) The payment to manufacturing company or its subsidiary in India will be made under
Delivered Duty Paid contract.

(ii) The Tenderers should only quote in INR.


II. Payment terms for Manufacturer/Indian Distributor
A. 80 % of the Base Price of the Equipment along with applicable GST shall be paid after delivery
and furnishing of Consignee Receipt Certificate (CRC) as per Format 3a.
B. Remaining 20% of the Base Price of the Equipment along with applicable GST shall be paid
after successful installation, commissioning and initial end user training by the authorised
service team of the supplier and furnishing of Satisfactory Installation Certificate (SIC) as per
Format 3b. The SIC shall be signed by the facility / end user or issued after joint certification
by authorised official(s) from WBMSCL and the facility/ end user.
Note:
Submission of required Performance Bank Guarantee and signing of Agreement are
mandatory for the processing of any Payment.
Base Price of Equipment(s) includes value of goods, accessories & ancillaries, freight charges,
installation, commissioning, end user training as many number of times as required during the period
of warranty and any other charges as applicable excluding GST. Applicable GST will be paid extra.

6. Performance Security (PS)


(In the form of unconditional and irrevocable Bank Guarantee)

10% of the Bid Value (Validity should be till the completion of Warranty + 60 days).

7. Who can Bid (E)


a) Manufacturing Company or its subsidiary in India.
Or
b) Manufacturer’s Authorized Distributor or Business Partner or Agency
All the categories of the bidders should agree to remain responsible for providing Comprehensive
Maintenance Services (including all spares) and consumables for the entire useful life of the
Equipment during warranty and after expiry of the Warranty Period.

8. Service Up time in Warranty & CMC


Working condition for a minimum period of 354 days out of a period of 365 days. (i.e. 97%
uptime)
The response time to any fault should be not more than 6 hrs after call is logged.
Call Log by E-mail/Fax.
Time for rectification should not be more than 48 hours
Maximum Downtime allowed without penalty: 72 hours. In case equipment is not useable
beyond the stipulated maximum down time the supplier will be required to install alternative
equipment for providing uninterrupted service.
Penalty beyond 72 hours downtime & if standby unit is not provided: Rs. 500 per 24 hours per
machine.

Page | 4
9. Liquidated damages for Delayed Delivery/Delayed setting up of Services
The percentage of 0.5% of the Invoice price for each week or part thereof, of delay until actual
delivery or performance, up to a maximum deduction of 5% of the Invoice price.

10. Experience and Technical Capacity (E)


Tenderers shall invariably furnish documentary evidence / Client's certificate of at least 3 (three) users of
the quoted model in support of the satisfactory operation in India.
The bidders / manufacturers should have installed & provided after sales services of the equipments of
any model of the same make of at least 10% of the tender quantity for last 2 years at Govt. or Private
Hospitals in India.

11. Restrictions under Rule 144(xi) of the general Financial Rules(GFRs),2017:As per office
memorandum from the Ministry of Finance, Govt. of India the following clause will be effective
from dated- 08.02.2021 where has been clearly mentioned that,“in case a bidder has proposed to
supply finished goods procured directly/indirectly from the vendors from the countries sharing land
border with India, such vendor will be required to be registered with the competent Authority.”

12. Preference for S.S.I. units registered in West Bengal & PSUs in West Bengal:
Preference will be given to the S.S.I. units registered in West Bengal & PSUs in West Bengal and
State Based Other Manufacturers as per West Bengal Financial Rule incorporated under notification
No. 10500-F dated 19.11.04 as amended hereafter.

Exemption from payment of earnest money for tenders, payment of security deposits, if selected and
price preference for S.S.I. units registered in West Bengal & PSUs in West Bengal will be given as
per West Bengal Financial Rule incorporated under Finance Department notification No. 10500-F,
dated 19.11.2004 read with its amendments.

Bidders should upload valid registration certificate / document issued by Government authority in
support, if aforesaid exemption has been applied for. Any bid without EMD is liable to be cancelled,
if requisite document in support of availing such exemption(s) is not submitted.

Note1: Warranty and CMC includes the equipment (including all accessories, ancillaries as given in the
specification of the particular equipment)
Note2: The Tenderers, who have downloaded the bid documents, shall be solely responsible for
checking these websites for any amendment, addendum issued subsequently to the bid document
and takes into consideration the same while preparing and submitting the bids.
Bids will be opened in the presence of Tenderers' representative who chooses to attend on the specified
date and time. However, opening of bids will not be stopped for absence of any bidder or his authorized
representative at the notified time.
Note 3: Service Centers
 Preferably in three locations at Kolkata, Siliguri and Durgapur

Note 4: In case extension required, Bank Guarantees are to be renewed prior to 30 days of their expiry.

13. General Instructions

a. Bidders are requested to study the tender document, terms & conditions carefully before
submitting their bids. Submission of tender shall be deemed to have been done after careful study
and examination of the tender document with full understanding of its implications.

Page | 5
b. Tender documents should be downloaded from the E-tender portal of Govt. of West Bengal at
wbtenders.gov.in and the website of WBMSCL at www.wbmsc.gov.in. The submission of bids
should only be through online at wbtenders.gov.in.

c. All pages of the bid submitted must be signed and sequentially numbered by the Bidder. All
information in the offer must be in English. Information in any other language must be translated
to English. Failure to comply with this may render the offer liable to be rejected. In the event of
any discrepancy between the offer in a language other than English and its English translation,
the English translation will prevail.

Page | 6
B. General
14. Scope of Bid
14.1 The type of goods and related services to be purchased is: Supply and Commissioning of
Echocardiography Machine for Department of Cardiology at Bankura Sammilani Medical
College and Hospital, Bankura as per the Schedule of Requirements.

15. Source of Funds

15.1 Funds received from the Department of H & FW, for the procurement of Medical Equipments on
behalf of the Department of H & FW.

16. Fraud and Corruption

i) It is WBMSCL policy to require that Tenderers, suppliers and contractors and their subcontractors
under WBMSCL contracts, observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this policy, WBMSCL:

(a) Defines, for the purposes of this provision, the terms set forth below as follows:
(i) Bribery is the act of unduly offering, giving, receiving or soliciting anything of value to
influence the process of procuring goods or services, or executing contracts;
(ii) Extortion or coercion is the act of attempting to influence the process of procuring
goods or services, or executing contracts by means of threat of injury to person,
property or reputation;
(iii) Fraud is the misrepresentation of information or facts for the purpose of influencing the
process of procuring goods or services, or executing the contracts, to the detriment of
WBMSCL or other participants;
(iv) Collusion is the agreement between Tenderers designed to result in bids at artificial
prices that are not competitive.
(b) Will reject a proposal to award a contract if it determines that a vendor recommended for
award has engaged in corrupt practices in competing for the contract in question;
(c) Will declare a vendor ineligible, either indefinitely or for a stated period of time, to become a
WBMSCL registered Vendor if it at any time determines that the vendor has engaged in
corrupt practices in competing for or in executing a WBMSCL contract;
(d) Will cancel or terminate a contract if it determines that a vendor has engaged in corrupt
practices in competing for or in executing a WBMSCL contract;
(e) Will normally requires a WBMSCL vendor to allow WBMSCL, or any person that
WBMSCL may designate, to inspect or carry out audits of the vendor’s accounting records
and financial statements in connection with the contract.

ii) Any vendor participating in WBMSCL’s procurement activities, shall facilitate to WBMSCL
personnel upon first request, all documents, records and other elements needed by WBMSCL to
investigate the allegations of misconduct by either vendors or any other party to the procurement
activities. The absence of such cooperation may be sufficient grounds for the debarment of the vendor
from WBMSCL vendor roster and may lead to suspension following review by WBMSCL Vendor
Review Committee.

iii) It is required that Vendors, their subsidiaries, agents, intermediaries and principals cooperate with
WBMSCL Internal Audit Group as well as with other investigations authorized by WBMSCL or by
the Government of West Bengal or the Central Government as and when required. Such cooperation
shall include, but not be limited to, the following: access to all employees, representatives, agents and
assignees of the vendor; as well as production of all documents requested, including financial records.
Failure to fully cooperate with investigations will be considered sufficient grounds to allow
WBMSCL to repudiate and terminate the contract and to debar and remove the supplier from
WBMSCL’s list of registered vendors.

Page | 7
17. Eligible Tenderers

i) A Tenderer and all parties constituting the Tenderer may have the nationality of any country.

ii) A Tenderer shall not have a conflict of interest. All Tenderers found to have conflict of interest
shall be disqualified. Tenderers may be considered to have a conflict of interest with one or more
parties in this bidding process, if they:
a) are or have been associated in the past, with a firm or any of its affiliates which have been
engaged by WBMSCL to provide consulting services for the preparation of the design,
specifications and other documents to be used for the procurement of the Goods to be
purchased under these Bidding Documents ; or

iii) A Tenderer that is under a declaration of ineligibility by WBMSCL in accordance with


Instructions to Tenderers at the date of contract award, shall be disqualified. Tenderers shall not
be eligible to submit a bid when at the time of bid submission:

 Suppliers are already suspended by WBMSCL; or,


 Suppliers are suspended by the Government of West Bengal or Central Government or any
other State Government or WBMSCL,
 Suppliers have been declared ineligible by Government of West Bengal or Central
Government or any other State Government or WBMSCL.

18. Eligible goods and related services

i) All the goods and related services to be supplied under the Contract may have their origin in
any country.

ii) For purposes of this Clause, the term “origin” means the country where the goods have been
mined, grown, cultivated, produced, manufactured or processed; or, through manufacture,
processing, or assembly, another commercially recognized article results that differs
substantially in its basic characteristics from its components.

Page | 8
C. Contents of Bidding Documents
19. Sections of Bidding Documents

i) The Bidding Documents consist of:


 Section I. Instructions to Tenderers
 Section II. General Conditions for Goods (GCG)
 Section III. Special Conditions of Contract (SCC)
 Section IV. Schedule of Requirements
 Section V. Bidding Forms
 Section VI. Contract Forms

ii) The Tenderer is expected to examine all instructions, forms, terms and specifications in the
Bidding Documents. Failure to furnish all information or documentation required by the Bidding.
Documents may result in the rejection of the bid.
iii) Tenderers are cautioned to read the specifications carefully (see Section IV - Schedule of
Requirements), as there may be special requirements. The technical specifications presented
herein are not to be construed as defining a particular manufacturer’s product. Tenderers are
encouraged to advise WBMSCL, if they disagree.

iv) The specifications are the minimum requirements for the products. Products offered must meet or
exceed requirements mentioned in technical specifications. The products shall conform in
strength, quality and workmanship to the accepted standards of the relevant industry.
Modifications of or additions to basic standard products of less size or capability to meet these
requirements will not be acceptable.

20. Clarification of Bid Document


i) A prospective Tenderer requiring any clarification of the Bidding Documents shall contact
WBMSCL in writing at [email protected]

21. Amendment of Bid Document


i) At any time prior to the deadline for submission of bids, WBMSCL may amend the Bid
Document by issuing amendment to be uploaded in the e-tender portal & website of
WBMSCL.

ii) To give prospective Tenderers reasonable time in which to take an amendment into account in
preparing their bids, WBMSCL may, at its discretion, extend the deadline for the submission of
bids.

Page | 9
D. Preparation of Bids
22. Tenderers are to prepare and submit the following:

i) Non statutory documents to be submitted under My Space


ii) BID – A (Should be in multiple page single PDF file)
iii) BID – B (Should be in multiple page single PDF file)
iv) BID – C (BOQ and Cost of Consumables & Spares)

Details are given in “Submission and Opening of Bids”

23. Cost of Bidding


The Tenderer shall bear all costs associated with the preparation and submission of its bid.

24. Language of Bid


The Bid, as well as all correspondence and documents relating to the bid exchanged by the Tenderer and
WBMSCL, shall be written in the English language. Supporting documents and printed literature that
are part of the Bid, if submitted in any other language provided they are accompanied by an accurate
translation of the relevant passages into English and duly authenticated.

25. Alternative Bids


Alternative Bids will not be accepted.

26. Bid Prices


26.1 The prices in the BOQ shall conform to the requirements as specified in the tender.

26.2 The Incoterms shall be governed by the rules prescribed in the Incoterms 2010, published by
The International Chamber of Commerce.

26.3 Prices quoted by the Tenderer shall be fixed during the Tenderer’s performance of the
Contract and not subject to variation on any account.

27. Currencies of Bid


1) The Tenderer shall quote in INR only.

28. Documents Establishing the Conformity of the Goods and Related Services
To establish the conformity of the goods and related services to the Bidding Documents, the
Tenderer shall furnish as part of its Bid the documentary evidence that the Goods conform to the
technical specifications and standards specified in Section IV, Schedule of Requirements.

29. Documents Establishing the Qualifications of the Tenderer


As per Form 2: Check-List of Section V of the bid document.

30. Period of validity of Bids


30.1 Bids shall remain valid for a period of 2 (Two) years from the date of opening of financial bid. A bid
valid for a shorter period than specified in previous lines shall be rejected by WBMSCL as non
responsive.
30.2 In exceptional circumstances, prior to the expiration of the bid validity period, WBMSCL may
request Tenderer to extend the period of validity of their bids and EMD. In the event of the request
for such extension beyond bid validity period, the bidder may or may not accept such request. In
case, the bidder refuses to accept the request, the EMD of the bidder shall not be forfeited.
31. Period of validity of the bid price:
The bid price shall remain valid for a period of 2 (Two) years from the date of opening of the
financial bid.

Page | 10
32. Earnest Money Deposit (EMD):
32.1 The EMD shall be paid, in favour of “West Bengal Medical Services Corporation
Limited”, GN-29, Swasthya Bhawan, Sec-V, Salt Lake, Kolkata- 700091 in the amount
as provided in the Schedule of Requirements and denominated in INR.
32.2 Any bid not accompanied by a substantially responsive EMD in accordance with
Instructions to Tenderers shall be rejected by WBMSCL as non-responsive.
32.3 The EMD of unsuccessful Tenderers shall be returned as promptly as possible upon the
successful Tenderer’s furnishing of the Performance Security pursuant to Instructions to
Tenderers
32.4 The EMD may be forfeited:
(a) if a Tenderer withdraws its bid during the period of bid validity specified by the Tenderer
on the Bid Submission Form, except as provided in Instructions to Tenderers; or
(b) if the successful Tenderer fails to:
(i) sign the Contract in accordance with Instructions to Tenderers;
(ii) furnish a Performance Security in accordance with Instructions to Tenderers ;
33. Signing of Bid – The bid document should be digitally signed and uploaded on the E-tender portal.
34. Withdrawal, Substitution and Modification of Bids
34.1 The bid once submitted cannot be withdrawn but prior to the deadline prescribed for submission of
bids, a Tenderer may substitute, or modify its Bid after it has been submitted.
34.2 The objective of this bid is to ensure supply of best quality equipment at the most competitive
price. If at any stage of the bidding, including at the stage of financial evaluation, it appears that
the tendered rate is artificially hiked or is much lower compared to the prevailing market price and
available rates of similar or identical composition with the government, WBMSCL reserves the
right to cancel the bids.

35. Confidentiality
Any effort by a Tenderer to influence WBMSCL in the examination, evaluation, comparison of the
bids or contract award decisions may result in the rejection of its Bid.
Notwithstanding Instructions to Tenderers from the time of bid opening to the time of Contract
Award, if any Tenderer wishes to contact WBMSCL on any matter related to the bidding process,
it should do so in writing.

Page | 11
E. Submission and Opening of Bids
36. The following are to be submitted:
i) Non statutory documents to be submitted under My Document
(Each sub-category item should be in multiple page single PDF file)

Guidelines for uploading documents in My Document:

Sl. Category Sub - Category


Document Name
No. Name Name
a) PAN Card
CERTIFICATE b) 15 – digit Goods and Services Taxpayer Identification
1 CERTIFICATES
S Number (GSTIN)
c) CDSCO certificate/ registration/ license

Performance Statement Form (For the period of last three


calendar years ending December 2022) - Form 6 of Section
V
1. Submitted document should be supported with
Work order / supply order copy

2. Proof of installation (Installation certificate /


Service report duly signed by the hospital /
2 CREDENTIAL CREDENTIAL healthcare facility) against the work order

OR

Proof of payment against supply and installation


against the work order

that the bidder have supplied medical equipment in


Hospitals in India during the last 3 (three) calendar Years

DECLARATION1 Income Tax returns for assessment year ((2019-20, 2020-21


DECLARATIO
3 and 2021-22 or 2020-21, 2021-22 and 2022-23)
N
DECLARATION2 Tender Form as per Form 1
Manufacturer’s Authorization (If applicable) as per Form 5
4 EQUIPMENT MACHINERIES of Section V

(ii) Statutory Documents


(a) BID – A (Should be in multiple page single PDF file)
EMD (Scanned copy of the instrument through which EMD have been submitted) in online

(b) BID – B (Should be in multiple page single PDF file)


1 Model of the equipment offered for (Self Declaration) with Technical Data Sheet
2 Comparative Data Table of the Technical Specifications (Form No. 4 of Section V)
3 1 set of Brochure of the offered product / model.
4 Standard & safety certification (European CE ( 4 digit notified body) / US FDA / BIS approved)

Page | 12
5 Pre-requisites of installation [Power (KVA, Phase, Hz) and any other requirement, if any]
Average Annual Turnover of the Company in medical equipment division during the last 3 Financial
6 Years ((2019-20, 2020-21 and 2021-22 or 2020-21, 2021-22 and 2022-23) (in INR) - to be certified
by practicing Chartered Accountant as per format given in FORM 9
7 Form 10: Declaration of Quality Certification of Equipment (as applicable)
8 Form 12: Basic information Form
Non-statutory document (document uploaded in My Space), Bid – A & Bid – B constitute the technical bid
iii) BID – C [Bill of Quantity (BOQ) and Prices for Consumables & Spares]
BOQ shall contain the financial quotes in respect of
(a) Base Price of Equipment (BP): includes value of goods, accessories & ancillaries, freight charges, installation,
commissioning, end user training as many number of times as required during the period of warranty and any
other charges as applicable excluding GST. Applicable GST will be paid as extra.
b) Cost of Consumable items which would likely to be procured in staggered manner or as per requirement of the
end user for next 5 years.

Comparison of Financial Bids would be based on the quoted Basic Price of the equipment quoted by the
bidder. The rates quoted shall be firm and no variation will be allowed during the period of contract.
The Tenderer should upload the following statements in PDF in addition to BOQ in .xls
I. Breakup for Duties and Taxes (as per Form 7 of Sec V) for equipment.
II. Cost of Consumables & Spares as per Form 8 (a) and 8 (b).

i. Comprehensive Maintenance Contract (CMC): The selected bidder shall enter into CMC after expiry of
warranty and CMC should include the following:

 The equipment including all other accessories, ancillaries and whole turnkey work as given in the
specifications of the equipment including UPS, UPS Battery, AC machines and furniture etc.
 Bidders must enter in to the CMC with WBMSCL directly / third party as authorized by H&FW Dept/
WBMSCL etc. Bidder must accept the same CMC rate, if the CMC is offered by the third
party/WBMSCL then no escalation, no extra cost will be provided. If any bidder failed to execute the
CMC with WBMSCL or third party (as authorized by WBMSCL or H&FW Department), WBMSCL
may initiate legal action against the selected bidder. The selected bidder may be debarred to participate
in the future tender
 The execution of CMC of any equipment will be at sole discretion of the WBMSCL management.

 As per tender terms and condition third party items should be included within the CMC rate.
 Breakdown Calls: as many numbers as may be required to attend to resolve the complaint lodged by
the end-users.
 Preventive Maintenance: The selected bidder should attend periodic planned preventive maintenances
in the following manner:

Mandatory preventive
Maintenance Service
Equipments (PMS) visit per year Remarks
Warranty CMC
1. Supplier/ authorised service provider
must attend all breakdown calls during
Echocardiography Machine warranty / CMC period.
3
2. The supplier should provide Preventive
3
Maintenance Services (PMS) yearly / bi -

Page | 13
Mandatory preventive
Maintenance Service
Equipments (PMS) visit per year Remarks
Warranty CMC
yearly / quarterly in equal interval to
fulfill the minimum number of
mandatory PMS as recommended in the
previous column during warranty / CMC
period.
3. The preventive maintenance includes
testing & calibration as per technical /
service / operational manual, spares, all
software updates and labour.

The cost for Year wise CMC charges after completion of 2 (two) years warranty in percentage of the sum of
quoted price of the equipment in the BOQ to be paid to the selected bidder(s) in the following manner:

CMC CMC CMC CMC CMC


CMC CMC CMC CMC CMC
charge charge charge charge charge
charge charge charges charges charge
s in s in s in s in s in
s in s in in in s in
percen percen percen percen percen
ITEM percent percen percenta percenta percen
tage(% tage(% tage(% tage(% tage(%
age(%) tage(% ge(%) ge(%) tage(%
) for ) for ) for ) for ) for
for ) for for for ) for
Year6 Year7 Year8 Year9 Year1
Year1 Year2 Year3 Year4 Year5
0

Echocar
diograp
hy
4.0 4.25 4.50 4.75 5.0 5.25 5.50 5.75 6.0 6.25
Machin
e

A. Periodic Calibration: The selected bidder will also undertake periodic calibrations as would be
required for quality certification desired by the end-user facilities.

The Tenderer should upload the following statements in PDF in addition to BOQ in .xls
(i) Breakup for Duties and Taxes (as per Form 7 of Sec V for equipment.
(ii) Cost of Consumables & Spares as per Form 8(a) and 8(b).

Detailed list of documents annexed at Form 1 Check-List Form, Section V

 Bidders shall quote only those products in the bid which are not obsolete in the market and has at
least 10 years residual market life i.e. the offered product shall not be declared end-of-life by the
OEM before this period.
 The bidder has to provide full support including turnkey work and 3rd party items after the end-
of-life of the equipment up to 3 years. If bidder cannot manage to provide the spare parts, then
CMC value in monetary terms must be discontinued and CMC may be refund prodata basis.
 If at any time it is found that the agency has been selected by quoting the same make & model of
the equipment in the bid of any organization under Central/State govt. and continue their CMC
support 10 years after the installation, then bidder has to extend the same service to WBMSCL

Page | 14
for procuring the same machine before the Award of Contract issued in the present case. May be
the age of the equipment supplied to WBMSCL more than (10+3) or 13 years.

N.B.
a) Any wrong or misleading information provided by the Tenderer during submission of bids may lead
to summary cancellation of bid, blacklisting in WBMSCL for at least 5 years and forfeiture of EMD.
b) Each scanned documents should have an index page indicating the name of the documents enclosed
with Page no.
c) The Earnest Money will be refunded within 15 days after finalization of the tender and/ or
submission of Performance Bank Guarantee.

F. Evaluation and Comparison of Bids


37. Evaluation of Bids
(A) Technical Evaluation

During the tender evaluation process Non-statutory document (document uploaded in My Space),
Bid – A & Bid – B constituting the technical bid will be opened first and evaluated. The
determination of Technical qualification status of a bidder will be based on the following:
i) Scrutiny of Form 1 (NIT Acceptance Form) duly notarized

ii) Scrutiny of documentary evidence as per Form 2: Check-list, Section V of Bid document
submitted by the Tenderers
iii) Evaluation of Spec indicator:
Bidders will have to arrange for functional demonstration of the offered equipment on the notified
date. The evaluation of the spec indicator will be made based on the reports of the functional
demonstration of the equipment. The functional demonstration (i.e. onsite/offsite) of the
equipment is purely at the discretion of the Technical Bid Evaluation Committee and its input shall
be treated as only corroborative in nature and will not be a substitute for technical evaluation of the
document submitted along with the bid. The decision of the Technical Committee in this regard will
be final.

Bidder has to comply with all Essential parameters of the technical specifications except deviation(s)
which will be considered minor and acceptable by the team of experts to be engaged by WBMSCL to
take working / functional demonstration of the offered equipments.

A bidder will be considered technically qualified if,


1. Comply with i) & ii) and qualify in iii) above

B. Financial Evaluation
Financial Bids (Bid - C) of the technically qualified Bidders would only be opened. Comparison of Financial
Bids would be based on the quoted Basic Price in BOQ as mentioned in “Submission and Opening of
Bids” quoted by the tenderers.

THE DECISION OF THE WBMSCL AUTHORITY WILL BE FINAL AND BINDING IN THIS
MATTER.

38. Responsiveness of Bids


38.1 WBMSCL’s determination of a bid’s responsiveness is to be based on the contents of the bid itself.

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38.2 A substantially responsive Bid is one that conforms to all the terms, conditions and specifications of
the Bidding Documents without material deviation, reservation, or omission. A material deviation,
reservation, or omission is one that:
(a) Affects in any substantial way the scope, quality, or performance of the goods and related services
specified in the Contract; or
(b) Limits in any substantial way, inconsistent with the Bidding Documents, WBMSCL’s rights or the
Tenderer’s obligations under the Contract; or
(c) If rectified would unfairly affect the competitive position of other Tenderers presenting substantially
responsive bids.

WBMSCL considers material deviation to include but not to be limited to the following situations:

(d) During technical evaluation of bids (verification of formal criteria):


 Lack of proper bid securities in terms of change in the wording (not consistent with the
prescribed format), amount or validity period.
 Absence of bid form, change in the wording (not consistent with the prescribed format) or lack
of signature in the key portions of the bid form,
 The Tenderer does not accept important Contract conditions, i.e. related to Performance
Security, Warranty, Force Majeure, Applicable Law, Delivery Schedule, Payment Terms,
Limitation of Liability, etc.
 Specifications of the item quoted vary in one or more significant respect(s) from the minimum
required Technical Specifications.

38.3 If a bid is not substantially responsive to the Bidding Documents, it shall be rejected by WBMSCL

39. Examination of Terms and Conditions and Technical Evaluation


39.1 WBMSCL shall examine the Bid to confirm that it does not contain material deviation or reservation
related to the conditions and requirements specified in the GCC of Section II, SCC of Section III and
in the Schedule of Requirements of Section IV.

39.2 If, after the examination of the terms and conditions and the technical evaluation, WBMSCL
determines that the Bid is not substantially responsive in accordance with Instructions to Tenderers, it
shall reject the Bid.

40. Domestic Preference


Companies based and manufacturing in India shall not be a factor in bid evaluation.

41. Financial evaluation


The financial bids of only those bidders who qualify in the technical bids will be opened.

42. WBMSCL’s Right to Accept Any Bid and to Reject Any or All Bids
WBMSCL reserves the right to accept or reject any bid and to annul the bidding process and reject all bids
at any time prior to contract award, without thereby incurring any liability to Tenderers.

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G. Award of Contract
42. Award Criteria
42.1 In the event of a Contract award, WBMSCL shall award the Contract to the Tenderer whose
offer has been determined to be the lowest evaluated bid substantially responsive to the Bidding
Documents, provided further that the Tenderer is determined to be qualified to perform the
Contract satisfactorily.

42.2 Before the award of Contract, WBMSCL may inspect the manufacturing facilities of the lowest
evaluated responsive Tenderer to assess his capability to successfully perform the Contract as
per the terms and conditions specified in the NIT.

43. WBMSCL’s right to vary quantities


43.1 WBMSCL reserves the right to increase the quantity in case of need / or to decrease the
quantity of goods and related services originally specified in Section IV, Schedule of
Requirements, and without any change in the unit prices or other terms and conditions of the
Bid Documents.

44. Publication of Award of Contract


44.1 WBMSCL shall publish the Award of Contract in e-tender portal and its website

45. Signing of Contract


45.1 Prior to the expiry of the period of bid validity, WBMSCL shall issue Award of Contract
(AOC). The draft agreement will be sent to the successful Tenderer along with the AOC and
Special Conditions for Goods, if any.

45.2 Within 14 (fourteen) days of receipt of the AOC, the successful Tenderer shall sign and return
the agreement to WBMSCL along with the required value of Performance Security in
full or in parts in the event of a staggered supply as decided by WBMSCL

46. Performance Security


46.1 Within 14 days of receipt of the AOC from WBMSCL, the successful Tenderer, if required,
shall furnish the Performance Security in full or in parts in the event of a staggered supply as
decided by WBMSCL in accordance with the GCC, using for that purpose the Performance
Security Form included in Section VI, Contract forms, or another Form acceptable to
WBMSCL. WBMSCL shall promptly discharge the Bid Securities of the unsuccessful
Tenderers pursuant to Instructions to Tenderers.

46.2 Failure of the successful Tenderer to submit the above-mentioned Performance Security in full
or in parts in the event of a staggered supply as decided by WBMSCL and sign the agreement
within 14(fourteen) days of issue of AOC shall constitute sufficient grounds for the
annulment of the award and forfeiture of the EMD.

Note: - Working demonstration of all the offered goods within India shall be required to be
arranged by the Tenderer before the Bid Evaluation Committee for technical evaluation,
as and when requested to do so by the Technical Bid Evaluation Committee prior to the
opening of the financial bids. The cost incurred for the tour of the members of technical
bid evaluation will be entirely borne by WBMSCL. Choosing of site for onsite physical
demonstration from the list of installations submitted by a bidder / the institutes who have
issued satisfactory certificate to the bidder shall be on the discretion of WBMSCL.

Page | 17
Section II. General Conditions of Contract
In the event of an order and any dispute arising out of the same, the FIRST PARTY General
Conditions of Contract will apply as under and all references to the General Conditions of
Contract include (subject to all relevant approvals) a reference to these terms and conditions
as amended, supplemented, substituted, novated or assigned from time to time. Each schedule
and annexure referred to in these terms and conditions shall form part of these terms and
conditions. The documents forming the supply contract shall be construed and interpreted so
that, in the event there is any conflict or ambiguity between them, these terms and conditions
shall prevail.
1. APPLICATION AND LEGAL STATUS OF THE PARTIES:
The General Conditions Of Contract incorporated in section –II shall be applicable for
the purchase and supply of Eye Equipment For Multi / Super Speciality Hospitals
of the government of West Bengal and to the extent the same are not superseded by the
Special Conditions Of Contract prescribed under section III, section IV or Schedule of
Requirement of this document.

WBMSCL and VENDOR shall respectively be referred to as “FIRST PARTY” &


“SECOND PARTY” hereunder and each party acknowledges and agrees that:

1.1 Nothing contained in or relating to the contract shall be construed as establishing or


creating between the Parties the relationship of employer and employee or of
principal and agent. The officials, representatives, employees, or subcontractors of
each of the Parties shall not be considered in any respect as being the employees or
agents of the other Party and each Party shall be solely responsible for all claims
arising out of or relating to its engagement of such persons or entities.
2. DEFINITIONS:
2.1 GOODS: Goods are hereinafter deemed to include, without limitation, such
medicines, raw materials, components, intermediate products and products which the
Tenderer is required to supply pursuant to the Purchase Order or Special Conditions
of this Contract to which these General Conditions are attached. Services are
hereinafter deemed to include services ancillary to the supply of the Goods including,
without limitation transportation and supply at the point of consignee and such other
obligations as required under this Contract.

2.2 TRADE TERMS: Whenever an Inco term is used in this Contract it shall be
interpreted in accordance with the Incoterms 2010 and as the same has been judicially
interpreted in India.

3. CONTRACT PRICE;
Prices charged by the Tenderer for the Goods supplied and the related services
performed under the Contract shall not vary from the prices quoted by the Tenderer in
its bid, with the exception of any price adjustment authorized in writing by FIRST
PARTY.

4. PACKAGING OF THE GOODS:


4.1 The SECOND PARTY shall package the Goods for delivery with the best materials
that are adequate to safeguard the Goods while in transit and with all due care and
according to the highest standards of export packaging for the type and quantities of

Page | 18
the Goods. The Goods shall be packed and marked in a proper manner in accordance
with the instructions stipulated in the Contract or, otherwise, as customarily done in
the trade and in accordance with any requirements imposed by applicable law or by
the transporters and manufacturers of the Goods. The packing, in particular, shall
mark the Contract or Purchase Order number and any other identification information
provided by FIRST PARTY as well as such other information as is customary for the
Goods in question. During transit, the packing shall be sufficient to withstand,
without limitation, rough handling and exposure to extreme temperatures, salt,
precipitation and open storage. The SECOND PARTY shall have no right to any
return of the packing materials.
5. TRANSPORTATION AND FREIGHT:
Unless otherwise specified in the Contract (including in any INCOTERM 2010) the
SECOND PARTY shall be solely liable for making all transport arrangements and for
payment of freight and insurance costs for the shipment and delivery of the Goods in
accordance with the requirements of the Contract and as defined in table 5. (b)
Payment Terms of Section I: Instructions to Tenderers, under sub-section A.
Important information at a glance.

6. DELIVERY OF GOODS:
The SECOND PARTY shall hand over or make available the goods and the
Consignees shall receive the goods (as per detail annexed in Section IV), at the place
for the delivery of the Goods and within the time for delivery of the Goods specified
as per table 5 (a) Date of supplies & commissioning at Section I: Instructions to
Tenderers under sub-section A. Important information at a glance, in the
Contract. All manuals, instructions, displays and any other information relevant to the
Goods shall be in the English language unless otherwise specified in the Contract.
Unless specifically stated in the Contract (including in any INCOTERM 2010) the
entire risk of loss, theft, damage to, or destruction of the Goods shall be borne as
defined in table 5. (b) Payment Terms of Section I: Instructions to Tenderers,
under sub-section A. Important information at a glance.

7. INSPECTION OF THE GOODS:


7.1 All goods may be subjected to inspection and testing by FIRST PARTY or its designated
representatives at all times and places including the period of manufacture and in any
event prior to final acceptance by FIRST PARTY.
7.2 Neither the carrying out of any inspections of the Goods nor any failure to undertake any
such inspections shall relieve the SECOND PARTY of any of its warranties or the
performance of any obligations under the Contract.
7.3 For goods supplied from within or outside India.
a) For goods supplied from within or outside India, Purchaser retains the right to
perform pre-shipment inspection at the manufacturer’s premises and an independent
quality control laboratory testing at its own cost.
b) The Purchaser will retain the right to perform further inspections and quality
testing at any time till the satisfactory installation of Goods, as it deems fit, at its own
cost.

7.4 Should any inspected or tested goods fail to conform to the specifications, the purchaser
shall reject them and the supplier shall replace the rejected goods free of cost to the
purchaser, within a period of 30 (thirty) days of intimating such rejection.
8. ACCEPTANCE OF GOODS:
Under no circumstances shall FIRST PARTY be required to accept any goods that do
not conform to the specifications of or requirements of the Contract. FIRST PARTY
may condition acceptance of the goods upon the successful completion of acceptance
tests, as may be specified in the Contract or otherwise agreed in writing by the Parties.

Page | 19
In no case shall FIRST PARTY be obligated to accept any goods unless and until
FIRST PARTY has inspected the goods following commissioning of the goods in
accordance with the requirements of the Contract. The goods shall be deemed to be
accepted only after FIRST PARTY provides written acceptance.

9. REJECTION OF GOODS:
Notwithstanding any other rights of, or remedies available to, FIRST PARTY under
the Contract, in case any of the goods is defective or otherwise does not conform to
the specifications or other requirements of the Contract, FIRST PARTY may, at its
sole option, reject or refuse to accept the goods and the SECOND PARTY agrees
promptly to replace the goods with goods of equal or better quality.

10. TITLE:
Unless otherwise expressly provided in the Contract, title including the incidentals of
the title and any legal or inchoate right and interest which may accrue in the said
Goods shall pass from the SECOND PARTY to the FIRST PARTY upon delivery of
the Goods and the acceptance of the same by the FIRST PARTY in accordance with
the requirements of the Contract.
11. PERFORMANCE SECURITY:
11.1 Within 14 days of receipt of the AOC from WBMSCL, the successful Tenderer, if
required, shall furnish the Performance Security in full or in parts in the event of a
staggered supply as decided by WBMSCL as per table 6, Performance Security
(PS) at Section I: Instructions to Tenderers under sub-section A. Important
information at a glance for an amount of 10% of the Contract Price (bid value )in
full or in parts, valid up to 60 days after the date of completion of all contractual
obligations, till the last date of warranty obligations.
11.2 Banks issuing Performance Securities must be acceptable to the FIRST PARTY, i.e.
they have to be scheduled commercial banks.
11.3 Discharge of the Performance Security shall take place upon expiry of the
Performance Security or the completion of all contractual liabilities of the Supplier as
per as per table 6, Performance Security (PS) at Section I: Instructions to Tenderers
under sub-section A. Important information at a glance.
11.4 In the event of any amendment issued to the Contract, the Supplier shall, within 14
(fourteen) days of issue of the amendment, furnish the corresponding amendment to
the Performance Security (as necessary) rendering the same valid in all respects in
terms of the Contract, as amended.
12. WARRANTIES:

12.1 Goods Warranties:


Without limitation of any other warranties stated in or arising under the Contract, the
SECOND PARTY warrants and represents that:

12.1.1 The Goods, including all packaging and packing thereof, conform to the
specifications of the Contract, are fit for the purposes for which such Goods are
ordinarily used and for the purposes expressly made known in writing by FIRST
PARTY to the SECOND PARTY and shall be of even quality, free from faults and
defects in design, material, manufacture and workmanship under normal use in the
conditions prevailing in the country of final destination;
12.1.2 If the SECOND PARTY is not the original manufacturer of the Goods, the SECOND
PARTY shall provide FIRST PARTY with the benefit of all manufacturers’
warranties in addition to any other warranties required to be provided hereunder;
12.1.3 The Goods are of the quality, quantity and description required by the Contract;

Page | 20
12.1.4 The Goods are free from any right of claim by any third-party and unencumbered by
any title or other rights, including any liens or security interests and claims of
infringement of any intellectual property rights, including, but not limited to, patents,
copyright and trade secrets.
12.1.5 Unless otherwise indicated in the Technical Specifications, this warranty shall remain
valid for 2 (two) years after the Goods have been commissioned at the final
destination indicated in the Contract subject to issue of certificate regarding date of
commissioning issued by the consignee.
12.1.6 During the warranty, free comprehensive annual maintenance and repairs services
including testing and calibration, labour and spares shall be provided by the supplier
during the period of warranty.
12.1.7 If the Supplier, having been notified, fails to remedy the defect(s) within the
stipulated period, the Purchaser may proceed to take such remedial action as may be
necessary, at the Supplier's risk and expense and without prejudice to any other rights
which the Purchaser may have against the Supplier under the Contract.
12.1.8 The supplier shall, at all times, indemnify and keep indemnified the purchaser , free
of cost, against all claims which may arise in respect of goods and services to be
provided by the supplier under the contract for infringement of any intellectual
property rights or any other right protected by patent, registration of designs or
trademarks. In the event of any such claim in respect of alleged breach of patent,
registered designs, trademarks etc. being made against the purchaser, the purchaser
shall notify the supplier of the same and the supplier shall, at his own expenses take
care of the same for settlement without any liability to the purchaser.
12.1.9 The supplier shall be responsible and shall indemnify on account of any emission or
radiation that may cause harm to the user of the supplied product.
12.1.10 The supplier shall visit each installation site as recommended in the manufacturer’s
technical/ service operational manual, but at least once in three months during the
warranty period for preventive maintenance.
12.1.11 The Goods shall be new and unused. The SECOND PARTY shall remain responsive
to the needs of FIRST PARTY for any services that may be required in connection
with any of the SECOND PARTY’s warranties under the Contract. All warranties
will remain fully valid following any delivery of the Goods and for a period of not
less than one (1) year following acceptance of the Goods by the Consignee in
accordance with the Contract. During any period in which the SECOND PARTY’s
warranties are effective, upon notice by FIRST PARTY that the Goods do not
conform to the requirements of the Contract, the SECOND PARTY shall replace the
defective Goods with Goods of the same or better quality or fully reimburse FIRST
PARTY for the purchase price paid for the defective Goods; and if having been
notified by any means, the SECOND PARTY fails to replace the defective Goods
within 30 days, FIRST PARTY may proceed to take such remedial action as may be
necessary, at the SECOND PARTY’s risk and expense and without prejudice to any
other rights which FIRST PARTY may have against the SECOND PARTY under the
Contract. The reasonableness of the period of time granted for remedy is subject to
the discretion of FIRST PARTY according to the circumstances of the Contract.

13. INDEMNIFICATION:

The SECOND PARTY shall indemnify, defend and hold the FIRST PARTY, the
DoHFW and the Government agencies harmless against any or all proceedings,
actions and third party claims arising out of a breach by the SECOND PARTY of any
of its obligations under this agreement.

This indemnity shall be limited in respect of making harmless to the FIRST PARTY,
the DoHFW and the Government agencies.
The bidder shall indemnify the FIRST PARTY against all actions, suits, claims and
demands brought or made against it, in respect of anything done or committed to be

Page | 21
done by the SECOND PARTY in execution of or in connection with the work of this
contract and against any loss or damage to the FIRST PARTY in consequence to any
action or suit, or a legal proceeding, being brought against the bidder for anything
done or committed to be done in the execution of this contract. The bidder will abide
by the job safety measures prevalent in India and will free the FIRST PARTY from
all demands or responsibilities arising from accidents or loss of life, on account of the
bidder’s negligence and responsibility. The bidder will pay all indemnities arising
from such incidents without any extra cost to FIRST PARTY and will not hold the
FIRST PARTY responsible or obligated. The FIRST PARTY may at its discretion
and entirely at the cost of the bidder defend such suit, either jointly with the bidder or
severely in case the latter chooses not to defend the case and /or proceeding.

14. LIQUIDATED DAMAGES:


Except under the circumstances of force majeure as described, if the SECOND
PARTY fails to deliver any or all of the Goods by date(s) of delivery as per
conditions of the contract, FIRST PARTY may, without prejudice to any or all its
other remedies under the contract, deduct from the contract price, as per table - 9
Liquidated damages for delayed delivery / delayed setting up of Services at
Section I: Instructions to Tenderers under sub-section A. Important information
at a glance

15. BLACKLISTING:
Any manufacturer/ its subsidiary which has been black-listed by any Government
Department/Agency in India during the last five years, would not be eligible to
participate in the tender.
16. PENALTY FOR DEFAULT:
In case of failure by the Tenderer to perform according to this Contact to keep Service
Up time in Warranty & CMC of all of the Goods, the Company may exercise one or
several of the penal provisions as per table – 8, Service Up time in Warranty &
CMC at Section I: Instructions to Tenderers under sub-section A. Important
information at a glance.
16.1 In addition to what has been stated above, the following sequence of penalties shall
be imposed against offences mentioned against each:
Nature of offence Penalty to be imposed
a. Forfeiture of EMD
Any wrong or misleading information provided b. May lead to blacklisting in FIRST
by the Tenderer during submission of bids PARTY for at least 5 years

a. Forfeiture of EMD
b. Blacklisting for 5 years in FIRST
Non execution of agreement within 14 days of PARTY
issue of AOC c. Blacklisting to be circulated to all
procurement agencies throughout the
country
a. Termination of Contract.
b. Blacklisting in FIRST PARTY for 5
years.
c. Blacklisting to be circulated to all
Supplying refurbished goods instead of new
procurement agencies throughout the
country.
d. Forfeiture of the Performance Bank
Guarantee. Lodging FIR.
a. Termination of Contract.
Breach of Agreement
b. Blacklisting in FIRST PARTY for 5

Page | 22
years.
c. Blacklisting to be circulated to all
procurement agencies throughout the
country.
d. Forfeiture of the Performance Bank
Guarantee
e. Lodging FIR

17. CHANGES IN QUANTITY:


WBMSCL reserves the right to increase the quantity in case of need / or to decrease
the quantity of goods and related services originally specified in Section IV, Schedule
of Requirements, and without any change in the unit prices or other terms and
conditions of the Bid Documents.
18. TERMINATION FOR CONVENIENCE:
18.1. FIRST PARTY may, upon notice to the Tenderer, terminate this Contract, in whole
or in part, at any time for its convenience. The notice of termination shall state that
termination is for FIRST PARTY’s convenience, the extent to which performance of
the SECOND PARTY under the Contract is terminated and the date upon which such
termination becomes effective.
18.2. In the event of Termination for Convenience, no payment shall be due from FIRST
PARTY to the Tenderer except for Goods satisfactorily delivered and for the cost of
such necessary work as FIRST PARTY may request the Tenderer to complete.
19. TERMINATION FOR DEFAULT:
19.1 FIRST PARTY, without prejudice to any other remedy for breach of Contract, by
written notice of default sent to the SECOND PARTY, may terminate the Contract, in
whole or in part if:
19.1.1 The SECOND PARTY fails to deliver any or all of the Goods within the period
specified in the Contract:
19.1.2 The SECOND PARTY fails to perform any other obligation under the Contract;
19.1.3 The SECOND PARTY, in the judgment of FIRST PARTY, has engaged in fraud and
corruption, in competing for or in executing the present Contract;
19.1.4 The SECOND PARTY attempts to offer any direct or indirect benefit arising from or
related to the performance of the Contract or the award there of to any representative,
official, employee or other agent of FIRST PARTY or any organization of Health &
Family Welfare Department, Government of West Bengal;
19.1.5 The SECOND PARTY is adjudged bankrupt, or is liquidated, or becomes insolvent,
applies for moratorium or stay on any payment or repayment obligations, or applies
to be declared insolvent;
19.1.6 FIRST PARTY reasonably determines that the SECOND PARTY has become
subject to a materially adverse change in its financial condition that threatens to
endanger or otherwise substantially affect the ability of the SECOND PARTY to
perform any of its obligations under the Contract.
19.1.7 Non-compliance of all statutory norms and applicable laws relating to the said
contract will entitle FIRST PARTY to terminate the contract.

19.2 Upon occurrence of one or more of the events specified above, FIRST PARTY shall
follow the procedure of issuing notice or show cause specifying the time frame and
on being not satisfied with the explanation, be entitled to terminate the Contract
immediately. The decision of FIRST PARTY shall be final and binding on the
Tenderer.
20. CONSEQUENCES OF TERMINATION:

Page | 23
20.1. In the event of any termination of the Contract, upon receipt of notice of termination
by FIRST PARTY, the SECOND PARTY shall, except as may be directed by FIRST
PARTY in the notice of termination or otherwise in writing:
20.1.1 Take immediate steps to bring to a close in a prompt and orderly manner the
performance of any obligations under the Contract, including, but not limited to,
fulfilling any outstanding orders for Goods under the Contract and in doing so, reduce
expenses to a minimum;
20.1.2 Place no further orders for Goods or other materials, except as FIRST PARTY and the
SECOND PARTY agree in writing are necessary to fulfil any outstanding order or to
complete any portion of the Contract that has not been terminated;
20.1.3 Transfer title and deliver to FIRST PARTY any Goods remaining to be delivered as
stipulated in the notice of termination; and
20.1.4 Take any other action that may be necessary or that FIRST PARTY may direct in
writing, for the protection and preservation of any property, whether tangible or
intangible, related to the Contract that is in the possession of the SECOND PARTY
and in which FIRST PARTY has or may be reasonably expected to acquire an
interest.
20.2. In the event of any termination of the Contract, FIRST PARTY shall not be liable to
pay the SECOND PARTY except for those Goods delivered to FIRST PARTY in
accordance with the requirements of the Contract, but only if such Goods were
ordered, requested or otherwise provided prior to the SECOND PARTY’s receipt of
notice of termination from FIRST PARTY.

21. CONFIDENTIALITY:
21.1 FIRST PARTY and the SECOND PARTY, its agents, employees, sub-contractors and
servants shall keep confidential and shall not, without the written consent of the other
party hereto, divulge to any third party any documents, data, or other information
furnished directly or indirectly by the other party hereto, in connection with the
Contract, whether such information has been furnished prior to, during or following
competition or termination of the contract. Notwithstanding the above, the SECOND
PARTY may furnish to its sub-contractor such documents, data and other information
it received from FIRST PARTY to the extent required for the sub-contractor to
perform its work under the contract, in which event the SECOND PARTY shall
obtain from such sub-contractor an undertaking of confidentiality similar to that
imposed on the SECOND PARTY.
21.2 FIRST PARTY shall not use such documents, data and other information received
from the SECOND PARTY for any purpose unrelated to the contract. Similarly, the
SECOND PARTY shall not use such documents, data and other information received
from FIRST PARTY for any purpose other than the performance of the contract.
21.3 The obligation of a party under the two foregoing paragraphs shall not apply to
information that:
21.3.1 Now or hereafter enters the public domains through no fault of that party;
21.3.2 Can be proven to have been possessed by that party at time of disclosure and which
was not previously obtained, directly, from the other party, or
21.3.3 Otherwise lawfully becomes available to that party from a third party that has no
obligation of confidentiality.

22. FORCE MAJEURE:


22.1 Force majeure as used herein means any unforeseeable and irresistible act of nature,
any act of war (whether declared or not), invasion, revolution insurrection, flood
earthquake or any other acts of a similar nature or force, provided that such acts arise
from causes beyond the control and without the fault or negligence of the SECOND
PARTY. The SECOND PARTY acknowledges and agrees that, with respect to any
obligation under the contract that the SECOND PARTY must perform any delays or

Page | 24
failure to perform such obligation arising from or relating to harsh conditions within
such areas shall not, in and of itself, constitute Force majeure under the contract.
Further the SECOND PARTY acknowledges and agrees that scarcity of raw
materials, power cut, workers unrest (even if wide spread) will not constitute force
majeure under the contract.
22.2 In the event of and as soon as possible after the occurrence of any cause constituting
Force majeure, the SECOND PARTY shall give notice and full particulars in writing
to FIRST PARTY, of such occurrence or cause if the SECOND PARTY is thereby
rendered unable, wholly or in part to perform its obligations and meet its
responsibilities under the contract. The SECOND PARTY shall also notify FIRST
PARTY of any other changes in condition or the occurrence of any event which
interferes or threatens to interfere with its performance of the contract. Not more than
fifteen (15) days following the provision of such notice Force majeure or other
changes in conditions or occurrence, the SECOND PARTY shall also submit a
statement to FIRST PARTY of estimated expenditure that will likely be incurred for
the duration of the change in condition or the event. On receipt of notice or notices
required hereunder, FIRST PARTY shall take such action as it considers, in its sole
desertion, to be appropriate or necessary in the circumstances, including the granting
to the SECOND PARTY of a reasonable extension of time in which to perform any
obligations under the contract.
22.3 If an event of force majeure exists and the SECOND PARTY fails, within seven (7)
days of such event to give notice in writing to FIRST PARTY and if the SECOND
PARTY is rendered permanently unable, wholly, or in part, by reason of force
majeure to perform its obligations and meet its responsibilities under the Contract,
FIRST PARTY shall have the right to suspend or terminate the contract on the same
terms and conditions except that the period of notice shall be seven (7) days. In any
case, FIRST PARTY shall be entitled to consider the SECOND PARTY permanently
unable to perform its obligations under the contract in the case of the SECOND
PARTY’s suffering any period of suspension in excess of ninety (90) days.
22.4 In the event of force majeure the benefit accrued to the FIRST PARTY in terms of
title and any accrued right thereof including all inchoate rights shall remain with the
FIRST PARTY and the SECOND PARTY shall not have any claim with the same.

23. SOURCE OF INSTRUCTIONS:


The SECOND PARTY shall neither seek nor accept instructions from any authority
external to FIRST PARTY in connection with the performance of its obligations
under the contract. Should any authority external to FIRST PARTY seek to impose
any instructions on the SECOND PARTYs regarding the SECOND PARTY’s
performance under the contract, the SECOND PARTYs shall promptly notify and
shall provide all reasonable assistance required by FIRST PARTY. The SECOND
PARTY shall not take any action in respect of its performance of the contract or
otherwise related to its obligations under the contract that may adversely affect the
interests of FIRST PARTY and the SECOND PARTY shall perform its obligations
under the contract with the fullest regard to the interests of FIRST PARTY.

24. BENEFITS, CORRUPTION AND FRAUD:


24.1 The SECOND PARTY warrants that it has not and shall not offer any direct or
indirect benefit arising from or related to the performance of the contract or the award
thereof to any representative, officials, employee, or other agent of FIRST PARTY or
any official of the Health & Family Welfare Department, Government of West
Bengal or any organization engaged in the procurement process whether during the

Page | 25
period the contract is in process or before or after the contract is over. The SECOND
PARTY acknowledges and agrees that any beach of this provision is a breach of an
essential term of the contract as specified.
24.2 Corruption means the offering, giving, receiving or soliciting of, directly or
indirectly, anything of value to influence the action of any FIRST PARTY
representative, official, employee or agent of FIRST PARTY or any official of the
Health & Family Welfare department, Government of West Bengal or any
organization engaged in the selection process or in the execution of the contract.
24.3 Fraud means a misrepresentation or omission of facts in order to influence the
selection process or the execution of the contract.

25. USE OF NAME OR OFFICIAL SEAL OF FIRST PARTY:


The SECOND PARTY shall not advertise or otherwise make public for purpose of
commercial advantage or goodwill that it has a contractual relationship with FIRST
PARTY, nor shall the SECOND PARTY, in any manner whatsoever use the name or
official seal of FIRST PARTY, or any abbreviation of the name of the FIRST
PARTY or Health & Family Welfare department, Government of West Bengal in
connection with its business or otherwise without the written permission of FIRST
PARTY.

26. ASSIGNMENT:
26.1 The SECOND PARTY shall not, except after obtaining the prior written approval of
FIRST PARTY, assign, transfer, pledge, or make any other disposition of this
contract or any part hereof or of any of the SECOND PARTY’s right or obligations
hereunder, except with the prior written authorization of FIRST PARTY. The
SECOND PARTY may assign or otherwise transfer the contract to the surviving
entity resulting from a reorganization of the Party’s operations.
26.2 Prior to the written approval of FIRST PARTY, the SECOND PARTY shall promptly
notify FIRST PARTY of such assignment at the earliest opportunity subject to the
assignee or transferee agrees in writing to be bound by all of the terms and conditions
of the contract and such writing is promptly provided to FIRST PARTY following
the assignment or transfer and FIRST PARTY finds that the SECOND PARTYs has
the financial and technical capacity as laid down in the tender document to carry out
the assignment provided that:
26.2.1 Such reorganization is not the result of any bankruptcy, receivership or other similar
proceedings; and
26.2.2 Such reorganization arises from sale, merger, or acquisition of all or substantially all
of the SECOND PARTY’s assets or ownership interest; and
26.2.3 Such reorganization is not taking place with any of the Tenderer who had participated
in the Tender or who will be deemed to have conflict of interest as defined in the
tender documents process for the same tender.
26.3 However, should the SECOND PARTY become insolvent or should control of the
SECOND PARTY change by virtue of insolvency, FIRST PARTY may, without
prejudice to any other right or remedy, terminate this contract.

27. AMICABLE SETTLEMENT:


When a dispute arises under this agreement, the parties shall make all reasonable
efforts to resolve through good faith negotiation, failing which they will attempt at
dispute resolution with the intervention of the Principal Secretary, the DoHFW,
GoWB

Page | 26
28. ARBITRATION:
28.1 Except for a dispute in connection with termination in which respect the decision of
FIRST PARTY shall be final, any dispute between the parties arising out of or
relating to this agreement which cannot be resolved through good faith negotiation
shall be settled in arbitration, in terms of the provisions of the Arbitration and
conciliation Act-1996(no.26 of 1996). The arbitration hearing shall be held in Kolkata
only. The award of the arbitrator (s) shall be binding on both the parties. The cost of
arbitration shall be borne by the respective parties.
28.2 Pending the submission of and / or decision on a dispute, difference or claim, or until
the arbitral award is published, the party shall continue to perform all of their
obligations under this agreement without prejudice to a final adjustment in
accordance with such award.

29. COURT OF LAW:


In case of any dispute in between the parties, the matter will be settled in appropriate
Court of Law within Kolkata Jurisdiction.

30. QUALITY OF EQUIPMENT:


The equipment should have compliance with CE (European Conformity) standards &
safety. In case the name of the offered model is not under the scope of the
certification, the bidder will submit a notarized declaration in the format given in
FORM 11: Declaration of Quality Certification of Equipment

30.1 Certification Clause:


The quoted model should be USFDA or European CE(4 digit) or BIS approved for
the country of manufacturer for which the bid will be submitted by the bidder[The
product quoted by the bidder must be supported by certification(acceptable) of the
country of origin and moreover the product should not be quoted by the bidder which
has mismatch certification with any other country]

Page | 27
Section III. Special Conditions of Contract
The following Special Conditions of Contract (hereinafter referred to as SCC) shall supplement the
General Conditions of Goods (hereinafter referred to as GCC). Whenever there is a conflict, the
provisions herein shall prevail over those in the GCC. The corresponding clause number of the GCC is
indicated in the first column.
SCC -1 GCC - 6 Delivery of Goods shall be made by the SECOND PARTY in accordance
with the Schedule of Requirement
However, the FIRST PARTY may swap facilities between phases
and/or substitute any facility by a new one if deemed necessary.
The details of shipping and/or other documents, as applicable under I or
II, to be furnished by the SECOND PARTY are:
I. For Goods supplied from abroad :
(A) Upon shipment, within 24 hours the SECOND PARTY shall notify
the Purchaser in writing the full details of the shipment including
Contract number, description of the Goods, quantity, date and port
of shipment, mode of shipment, estimated dates of arrival at the port
of entry and the place of destination. In the event of Goods sent by
airfreight, the SECOND PARTY shall notify the Purchaser a
minimum of forty-eight (48) hours ahead of dispatch, the name of
the carrier, the flight number, the expected date and time of arrival,
the Master airway-bill and the House airway- bill numbers. The
SECOND PARTY shall first fax the above details and then send to
the Purchaser, by courier, two sets of documents comprising one
original and one copy of the following:
(i) Commercial invoice, indicating the West Bengal Medical Services
Corporation Limited (GST No. :19AABCW0178R1ZM) as the
Purchaser on behalf of the Department of Health and Family Welfare,
Government of West Bengal; the Contract number, Goods description,
quantity, unit price and total amount. Invoices must be signed in original
and stamped, or sealed with the company stamp/seal;
(ii) Negotiable, clean, on-board through bill of lading marked “freight
prepaid” and indicating the West Bengal Medical Services
Corporation Limited as the Purchaser on behalf of the Department of
Health and Family Welfare, Government of West Bengal and notify
Consignees as stated in the Contract, with delivery through to final
destination as per the Schedule of Requirements and non-negotiable bill
of lading, or railway consignment note, road consignment note, truck or
air waybill, or multimodal transport document, marked “freight prepaid”
and showing delivery through to final destination as per the Schedule of
Requirements;
(iii) Packing list identifying contents of each package;
(iv) Manufacturer’s Warranty Certificate covering all items supplied;
(v) Manufacturer’s Certificate of Origin covering all items supplied;
(vi) Original copy of the certificate of weight issued by the port
authority/licensed authority and six copies;
(vii) Manufacturer will submit a pre-shipment advisory note to purchaser &
consignee at least 15 days prior to the scheduled delivery of the
equipment at the door step of the consignee;

Page | 28
(viii) Acknowledgement of receipt of Goods by the Consignees, i.e.
Consignment Receipt Certificate (CRC).

The above documents shall be received by the ‘Purchaser’ at least 15 days


before arrival of Goods at the port or place of arrival and, if not received, the
SECOND PARTY will be responsible for any consequent expenses.
II. For Goods from within India
(A) Upon the delivery of the Goods, the SECOND PARTY shall notify
the Purchaser in writing and deliver to the Purchaser two sets of
documents comprising one original and one copy of the following:
(i) Commercial invoice, indicating the West Bengal Medical
Services Corporation Limited as the Purchaser on behalf of the
Department of Health and Family Welfare, Government of
West Bengal, the Contract number, loan number; Goods’
description, quantity, unit price and total amount. Invoices must be
signed in original and stamped or sealed with the company
stamp/seal;

(ii) Railway consignment note, road consignment note, truck or airway


bill, or multimodal transport document showing the Purchaser as the
West Bengal Medical Services Corporation Limited on behalf of
the West Bengal Medical Services Corporation Limited and
delivery through to final destination as stated in the Contract;

(iii) Acknowledgement of receipt of Goods by the Consignees, i.e.


Consignment Receipt Certificate (CRC);

(iv) Packing list identifying contents of each package;

(v) Manufacturer’s or SECOND PARTY’s Warranty certificate


covering all items supplied;
(vi) Manufacturer will submit a pre-shipment advisory note to purchaser
& consignee at least 15 days prior to the scheduled delivery of the
equipment at the door step of the consignee.

SCC -2 GCC - 30 Add clause 30- Payment Terms -


As per table 5 (b) Payment Terms at Section I: Instructions to Tenderers
under sub-section A. Important information at a glance.

Page | 29
SCC-3 GCC - 31 Add clause GCC 31- The Comprehensive Maintenance Contract
(Including Spare parts)

(i) The Consignees/ Government of West Bengal / Operation &


Maintenance (O&M) Partner, may, at his own and sole discretion
enter into a Comprehensive Maintenance Contract (CMC) with the
SECOND PARTY, three months prior to the completion of
Warranty Period, at the contracted price, for a period as specified in
the tender after the expiry of the warranty period provided that this
service shall not relieve the SECOND PARTY of any warranty
obligations under this Contract. Wherever the Technical
Specifications lay down a different period of CMC, this latter
period shall prevail. The CMC will commence from the date of
expiry of warranty period. The CMC includes preventive
maintenance including testing & calibration as per
technical/service/operational manual, labour and spares.

(ii) The CMC includes repairs of entire system, preventive maintenance,


testing & calibration, labour and spares and all software updates.

(iii) The Comprehensive Annual Maintenance and Repair charges (after


Warranty period) shall be paid quarterly in four equal instalments.

(iv) Details of CMC requirements or otherwise, as spelt out in the


Technical Specifications, will prevail over those given in this
section.
SCC - 4 GCC -31.1 Add GCC clause 31.1

For both Warranty and CMC, as per table 8. Service Up time in Warranty &
CMC at Section I: Instructions to Tenderers under sub-section A.
Important information at a glance.

SCC - 5 GCC - 32 Add GCC clause 32

The successful bidder shall be required to undertake supplies of quantity as


per schedule of requirement in phases spread over a period of 12(twelve)
months from the date of signing of the contract.

SCC - 6 GCC -33 Add GCC clause 33

The successful bidder shall undertake to commission the equipment


including the interiors of the site as per technical specification mentioned in
Section IV. Schedule of Requirements.

Page | 30
Section IV. Schedule of Requirements
Contents

1. List of Consignee
2. Technical Specifications
3. Standard requirements
4. List of related services
5. Inspections and Tests

Page | 31
1.List of Consignee
Total Quantity
Sl.No. ITEM Consignee List
(in number)
Bankura Sammilani
1 Echocardiography Machine 01 Medical College and
Hospital, Bankura
Please note:

 The Consignee Receipt Certificate (CRC) will be issued to the Vendor within 72 hours of
the delivery at the Consignee address.

Page | 32
2. TECHNICAL SPECIFICATION
Echocardiography Machine

Bid Requirement
Specification Specification name
(Allowed values)
The system must be latest generation,
technologically advanced, digital, color
Mandatory
Doppler, 2D Echo Cardiology system for
adult and Paediatric and fetal application
Mandatory certification:
a) MII Class I or Class II
Conformity to Manufacturer Certification
certificate
Standard
b) ISO
The offered model should be USFDA or
European CE (4 digit notified body) or BIS Mandatory
approval
The system must be latest version or model
till the date of application for technical Mandatory
bidding.
Cardiac and Vascular Probes Configuration ALL
TEE Probe Type Adult
System should have provision of upgradable Adult, Paediatric and
to TEE probe Neonatal
TTE Paediatric probe frequency , in MHz 3-8 MHz(±1)

2D Adult Single Crystal Cardiac probe


2-5 MHz(±1)
frequency in MHz

2D TEE Adult Probe frequency, in MHz 3-7 MHz(±1)

Types of Probes Vascular Probe 5-12 MHz(±1)


and Features
System Should have at least 90 degree field
Yes
of view in cardiac probes
System should have Single crystal Matrix
probe technology for adult Cardiac
Yes
transducer, linear phased Array and Curved
Phased array Transducers
Tissue Harmonic imaging in fetal echo probe
for excellent image quality on difficult to Yes
image patients
System Should have framer rates in excess
of 1000 fps and minimum Dynamic range of Yes
250 DB
Should have at least five frequencies in
Yes
Tissue harmonic imaging in all imaging

Page | 33
Bid Requirement
Specification Specification name
(Allowed values)
models like B, M, PW, CW and CFM
Should be capable of doing Mode in real
time/stored images and should have a post Yes
processing M mode.
System should have B Flow and compound
Yes
imaging for better resolution
System should support Speckle reduction
imaging for the uniform image quality Yes
across all the probes.
Should have an advance Stress Echo
package capable of acquiring and display Yes
of images at true scanner frame rates
Should have a digital Stress Echo package
capable of acquiring and display of images
at true scanner frames rates with:
 Both pharmacological and Exercise
Stress exam Capabilities
 Possibilities to modify and create
protocol templates
 Image acquisition, reviewing, wall Yes
segment scoring and reporting
 Possibilities of extensive post-
processing of images under review
 Zoom capabilities in Stress Echo
Review
 Should able to use the TVI and
Qualification while during the stress.

Number of transducer / probe ports 4

System should have pre-assessments


Yes
packages Z-score’s in pediatrics
Digital Cine Replay, Allowing to store and
replay ultrasound images including 2D,
Color, Color Anglo, Doppler and the Cine
Yes
Replay should allow the user to change
gain, contrast, sweep speed, base line etc
image parameters
An offline workstation with similar
capabilities as in- on – board, analysis and
Yes
quantification data sets should be available
for later use on PC.
Offline workstation must have automated
Function imaging (RV, LV, LA) Cardiac Auto
Doppler, bull’s eye report, LVO Contrast, Yes
tissue Synchronization image Mode, Wall
Motion Scoring
Should have capable of calculating
Yes
Ejecting fraction in automatic mode.

Page | 34
Bid Requirement
Specification Specification name
(Allowed values)
System must have more than 9,00,000/ 9 Lac
Yes
digital processing mode.
Diacom three point zero compliant Yes
Should have high end touch panel of at
Yes
least 10 inches for easy user interface.
21 inch(±1), High
Monitor display size, cm(in)
resolution, Flat panel
Should have a display of single, dual or
Yes
quad images side by side
Speckle-tracking strain and strain rate Yes
2-D wall motion tracking,
Cardiac, Mitral valve
Analysis and Calculation package analysis, user
programmable
calculations
Should have built-in CD/DVD Writer for
Yes
directly writing images on CD/DVD
Type of printer provided with the echo
Thermal Printer
cardiac machine
ECG Cable 1
Should have an integrated hard drive of at
Yes
least 500GB
System should support USB port for storing
Yes
the images on Pen Drive
Software-driven system with raw data
storage and advanced post-processing Yes
capabilities.
System Should have digital image Storage
and Patient Archive with true scanner frame
rates.
Yes
When recall the images should able to
reanalyze the images with Full Measurement
and Analysis capabilities
There should be a System integrated
keyboard for easy patient data, annotation Yes
Power and report entries.
Requirement Resettable over current breaker shall be
Preferable
fitted for protection
Power back up UPS
Warranty 2 years
Number of installation of the cardiogram
Miscellaneous machines in Central/State/PSU govt.
At least 3 numbers of the
Parameters Hospitals (Note: Seller should supply to the
same quoted model.
buyer if demanded after placement of
order)
Cardiac calculations packages (offline
workstation and / or on the system):
Mandatory
 Strain and Strain rate imaging
Additional  2D speckle tracking

Page | 35
Bid Requirement
Specification Specification name
(Allowed values)
Parameters  Semi-Automated Border Detection
Cardiac analysis : Left atrium, Right atrium,
right ventricle , Left ventricle, TAVI
(Transcatheter aortic valve implantation),
Valve stenosis Prosthetic aortic valve, mitral
valve TAPSE (tricuspid annular plane systolic
excursion), PCWP (pulmonary capillary
wedge pressure or pulmonary artery
occlusion pressure), Volume by area/length
method, M-mode ejective fraction
Simpson’s biplane and single plane volume
and ejection fraction.
Cardiac Quantification Tool:
 Left ventricle and left atria global
volume analysis from 2D and biplane
images
 Automated border detection for
cardiac chambers vessels cavities
 Computation of area, LV volume and
advances parameters for LV systolic
and diastolic function including
fractional area change (FAC),
ejection fraction (EF), peak ejection
rate (PER), peak rapid filling rate
(PRFR) and atrial filling fraction(AFF)
 Computation of LA area, volumes
and advanced parameter including
area change (FAC) and ejection
fraction(EF)
 Automated 2D longitudinal strain
quantification Objective assessment
of left ventricle global function and
regional wall motion deformation
and timing using 2D speckle tracking
technology.
 One-button-push global longitudinal
strain
 Automated view recognition and
lebeling with manual correction
 Peak longitudinal strain for each
apical view and global average.
18 segments peak-systolic
longitudinal strain bull’s-eye display

18 segments end-systolic longitudinal


strain bull’s eye display.

18 segments time-to-peak
longitudinal strain bull’s eye display

Page | 36
Bid Requirement
Specification Specification name
(Allowed values)
18 segments waveform display for
three apical view.

System should have option for Audit and


Mandatory
Pediatric 2D TEE application separately.
System should be upgradable to AI enabled
features in single click 2D strain, single click
Mandatory
Auto EF, 2D & Doppler Tracking &
measurements
During Warranty and CMC period free
Mandatory
software update if available.

3. STANDARD REQUIREMENTS

Page | 37
The following requirements with regard to inspection, quality, packing, warranty, maintenance
and related services shall commonly apply to all the goods in all the Schedules:

i. QUALITY CERTIFICATION

Where ever appearing in the bid document, the “CE certificate” shall be read as:
“CE mark for conformité européenne
européenne, (French for "European conformity").

ii. WARRANTY
Unless specified otherwise, warranty shall always be for a period of two (2) years from the date of
acceptance after commissioning of the goods. During warranty, cost and responsibility of the
transport/shifting of the equipment, in case so required for repair, etc, shall be entirely borne by the
Supplier, without any liability on the consignee.
consignee. In case of such shifting of equipment, alternative
working equipment shall be first made available to the consignee to avoid any disruption in the
clinical work

iii. MAINTENANCE
a. CMC shall be as per the specification after the expiry of warranty, unle
unless
ss specified otherwise.
b. During CMC, cost and responsibility of the transport/shifting of the equipment, in case so
required for repair, etc, shall be entirely borne by the Supplier, without any liability on the
consignee. In case of such shifting of equip
equipment,
ment, alternative working equipment shall be first
made available to the consignee to avoid any disruption in the clinical work.
c. Subject to (b) above, CMC services shall be provided at the site of the equipment, within the
prescribed response time.
iv. Labelling & Packing
The equipment should have a sticker on it with the following information:
a. Procured by: WBMSCL Ltd.
b. Serial Number:
c. PMS Done:
d. PMS Due:
e. Toll Free No.:
f. Mobile No.:
g. Email:
h. Facility Asset No.:
i. Warranty upto:
j. CMC Starts on:
k. CMC Valid upto:
l. Approved CMC Rate per annum:
m. Service Engineer Contact detail:

Standard format of sticker is attached


attac here (N.B: Bidders are advised
ed to approve the final format after
discussion
iscussion with WBMSCL officials)
officials

Procured by :
West Bengal Medical Services Corporation Limited
(WBMSCL)
Reference No. :

Machine Serial No. : Facility Asset No. :


Warranty (Xyrs) upto : Approved CMC Rate: per annum
CMC starts on : CMC valid upto :
Last PMS on : Next PMS due on :
Complaint logging at : : [email protected], : (0XX) XXXX XXXX / XXXX XXXX
Service Engineer : Mr. XYZ, : [email protected], : 09XXXXXXXXX
Service Manager : Mr. XYZ, : [email protected], : 09XXXXXXXXX

4. LIST OF RELATED SERVICES

i) Incidental Services

The supplier may be required to provide any or all of the following services, including additional
services, if any, specified in SCC:

(a) Performance or supervision of the assembly, installation and/or start-up of the supplied
equipments
(b) Furnishing of tools required for assembly and/or maintenance of the supplied Goods along
with each equipment
(c) Furnishing of detailed operations and maintenance manual for each appropriate unit of
supplied equipments at the time of delivery
(d) Successful tenderer shall be required to give an undertaking that suitable trained service
engineers shall be posted at three places of West Bengal for providing prompt, effective and
preventive maintenance during the period of warranty as defined as well as CMC period.
(e) The Comprehensive maintenance Contract (Including Spare Parts)
(i) The Purchaser/ Consignees/ Government of WB, may, at his own and sole
discretion enter into a Comprehensive Maintenance Contract (CMC) with the
Supplier at the contracted price.
(ii) The supplier shall visit each consignee site as recommended in the
manufacturer’s technical/ service operational manual, but at least once in three
months during the CMC period for preventive maintenance.
(f) Training of the Purchaser's personnel, on-site, in assembly, start-up, operation, maintenance
and/or repair of the supplied Good. This must be carried out at the time of commissioning
of Equipment.

ii) Availability of Spare parts


Suppliers shall ensure the availability of spare parts for 10 (ten) years. Inventory of the Spare parts
required for 8 years.
5. Inspections and Tests
a) The Vendor shall get the Goods inspected in the manufacturer’s works by a competent
authority and submit a test certificate and also a guarantee/warranty certificate that the
Goods conform to laid down specifications.
b) WBMSCL or its representative may inspect and/or test any or all item of the Goods to
confirm their conformity to the Contract, prior to dispatch from the manufacturer’s premises
or at the port of entry.

Page | 39
Section V. Bidding Forms

FORM 1
Tender Form
(To be furnished on non-judicial stamp-paper of Rs. 100/-, affirmed before a First Class
Magistrate/ Notary/ Executive Magistrate)

(All the bidders have prepare and submit Form 1)


Date: ……………………………….

Bid Reference No.: _____________________, Schedule- ____

Page | 40
Name of Contract: Supply and Commissioning of [Name of the equipment] for Hospital of
the Govt. of West Bengal

To
Managing Director,
West Bengal Medical Services Corporation Ltd,
Swasthya Sathi,
GN- 29, Sector – V, Salt Lake,
Kolkata - 700 091

Sir,

I/We, the undersigned hereby accept all the terms and conditions of the Bid Reference No.:
WBMSCL/NIT- XX/2024, dated-XX.XX.2024 and its Amendments and Addendum thereto are read
and accepted without any modification or condition(s). We now offer to Supply and Commissioning of
Medical Equipments for [Name of the equipment] for Hospital of the Govt. of West Bengal in
conformity with your above referred document.

We also
1. certify that:

a) We have examined and have no reservations to the Bidding Documents, including


Addenda issued in accordance with Instructions to Bidders.
b) The offered products are in accordance with the required specifications and technical
requirements.
c) ‘Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period
of 2 (Two) years from the date of opening of financial bid in accordance with the
Bidding Documents. However, the prices quoted by us and accepted by WBMSCL
shall hold good and remain valid for a period of 2 (Two) years from the date of
opening of financial bid and no additional claims will be made on account of any
price variation or fluctuation in market rates. The rate quoted shall remain binding
upon us and may be accepted at any time before the expiration of 2 (Two) year.

d) If our bid is accepted, we will submit a performance security within 14 (fourteen)


days of issuance of Award of Contract (AOC) in the prescribed format as given in the
bid document.
e) Our company has been incorporated in accordance with the laws of _______ (insert
name of country of incorporation) and governed by them.
f) Our Company have commissioned ______nos. of the offered model and providing
necessary service support to the equipments.
g) We have never been blacklisted by any Government Department/ Agency in India
during the last 5 years.

Page | 41
h) There is no adverse report against the equipment offered by us in any Government
Department / Agency in India.
i) We will permit WBMSCL or its representative to inspect our accounts and records
and other documents relating to the bid submission.
j) All the statements made in the attached documents are true and correct. In case of any
information submitted proved to be false or concealed, penalties shall be imposed in
terms of the bid document.
k) We, if selected in the tender, will arrange to maintain 97% service up time i.e. a
minimum of 354 days out of 365 days in a year of the offered equipment [name the
equipment] during the warranty & CMC period.
l) The time for rectification of the equipment will not be more than 48 hours from the
time of the complaint is lodged.
m) In case the defective equipment is not put back to use beyond 72 hours, we will install
alternative equipment for providing uninterrupted service.
n) The penalty for beyond 72 hours downtime & if standby unit is not provided, will be
borne by us in terms of Clause 8. Service Up time in Warranty & CMC mentioned in
A. Important information at a glance Under Section I: Instructions to Tenderers of the
bid document.

2. understand that:

(i) Partial or incomplete bid submission will lead to cancellation of our bid.
(ii) The tender inviting and accepting authority can vary quantity above in case of need / or to
decrease the quantity of goods and related services originally specified in Section IV,
Schedule of Requirements, and without any change in the unit prices or other terms and
conditions of the Bid Documents.
(iii) The tender inviting and accepting authority reserves the right to reject any application
without assigning any reason.

Enclose:

1. Non Statutory Documents/ My Documents


2. Statutory Documents (Bid A & Bid B)
3. Forms & Annexure duly filled up, signed & notarized (where applicable)

Name……………………………………………………………………………………

In the capacity of……………………………………………………………………

Signed ……………………………………………………………………………….

Duly authorized to sign the Bid for and on behalf of (if applicable)……………………..

Date…………………………………………………………………………………….

Page | 42
Form 2: CHECK-LIST
[Please fill in and include with your Bid]
Note 1: It is essential that all documents in hard copy are to be placed before the Committee
and arranged in the same sequence as given in the Check List. All the documents should be
appropriately flagged.
Note 2: If any document is written in any language other than English, an English translation
of the document duly authenticated is to be submitted.
Note 3: The documents listed at Sl. No. 1,2,3,5,7 & 9 must be submitted online during online bid
submission or else the bid would be liable to be summarily rejected.

Note 4: After opening of the technical bids, if it is found that any of the documents required
to be submitted with the bids is wanting, WBMSCL shall reserve the right to allow late
submission of such document at its discretion within a specified time limit.

Non statutory documents to be submitted under My Document


Sl. Yes/No/ Page No
Activity Remark
No. NA in the Bid
1 PAN Card

Page | 43
15 – digit Goods and Services Taxpayer Identification Number
2
(GSTIN)
3 CDSCO certificate/ registration/ license
Performance Statement Form (For the period of last three
calendar years ending December 2022) - Form 6 of Section V
1. Submitted document should be supported with Work
order / supply order copy

2. Proof of installation (Installation certificate / Service


report duly signed by the hospital / healthcare facility)
4 against the work order

OR

Proof of payment against supply and installation against


the work order

that the bidder have supplied medical equipment in Hospitals in


India during the last 3 (three) calendar Years
Income Tax returns for assessment year (2019-20, 2020-21 and
5
2021-22 or 2020-21, 2021-22 and 2022-23)
6 Tender Form as per Form 1
Manufacturer’s Authorization (If applicable) as per Form 5 of
7
Section V
BID - A
Sl. Yes/No Page No
Activity Remark
No. /NA in the Bid
Earnest Money Deposit (EMD) (Copy of receipt of online
8
submission of EMD)

BID - B
Sl. Yes/No/N Page No
Activity Remark
No. A in the Bid
Model of the equipment offered for (Self Declaration) with
9
Technical Data Sheet
Comparative Data Table of the Technical Specifications (Form
10
No. 4 of Section V)
11 1 sets of Brochure of the offered product / model.
Standard & safety certification European CE ( 4 digit notified
12 body) /US FDA approved / BIS
approved
Pre-requisites of installation [Power (KVA, Phase, Hz) and any
13
other requirement, if any]
Average Annual Turnover of the Company in medical
equipment division during the last 3 Financial Years (2019-20,
14 2020-21 and 2021-22 or 2020-21, 2021-22 and 2022-23) (in
INR) - to be certified by practicing Chartered Accountant as per
format given in FORM 9
Form 10: Declaration of Quality Certification of Equipment (as
15
applicable)
16 Form 12: Basic information Form

Page | 44
West Bengal Medical
Services Corp. Ltd.

Form 3a: Consignee Recei


eipt Certificate (CRC)
(To be issued
ed by consignee’s authorized representative)

[The consignee may issue an additi


itional challan receipt if delivered by courier or trransporter]

Date of supplyy by the Company Person


or Courier:

Name and Address of the Consiignee:

Name of the item supplied (withh Make &


Model & Model No.):

Purchase Order / Contract No.:

Name of the Supplier:

No. of Units supplied:

Place of destination
on (The dept. where the
equipment will be actually installed)
installed):

Invoice No. & Date:

Details of Batch / Serial Numbers


ers, if any
of item supplied:

...……………………………… …………………………………………………… ………………


….. (Signature & Office Seal of authorized representative of Consignees with
wit date )
[Name and designation of the
he signatory to be written capital letter]

...………………………… ………………………………………………………… ………………


…. (Signature & Office Seal of Head of the Institute / Hospital with date )
[Name and designation of tthe signatory to be written capital letter]
Form 3b: Satisfactory IInstallation Certificate (SIC)
West Bengal Medical
(To be issued by the consignee after successful commissioning of equipment) Services Corp. Ltd.

Bid Reference :

Award of Contract Reference :

Description of Equipment/Service :

Date of Commissioning :

This is to certify that the equipment(s) as detailed below has/have been received in good condition
along with all the standard and special accessories, consumables, set of spares in accordance with the
contract/technical
ct/technical specification of the equipment and site preparation including interiors as per bid
document.

Details of equipment, accessories, consumables, spares, etc.

Sl Description Quantity Serial No. / Part No.


1
2
3
4
5
6
7
8
9
10
In case of space deficiency, another sheet with the same format can be annexed.

The supplier has also submitted the following,


1. Tools for maintenance
2. Detailed operation and maintenance manual both in hard and soft copy for each item of
supply at each location

The proving test has been done to our entire satisfaction. The equipments, its accessories and
ancillaries of the site preparation including interiors is functioning satisfactorily and faultlessly

Declaration by Unit Head (HOD/MO


OD/MO-IC/Others):
Sticker designed by WBMSCL is fitted with the equipment Yes No

Signature with stamp:

Name (in Block) :

Designation :
P.T.O.
The following operators/ end users have been trained to operate the equipment(s),
Sl Name Designation Contact No E-mail ID (In Remarks
CAPS)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
In case of space deficiency, another sheet with the same format can be annexed.

Countersigned by the head of the institute/ hospital:


Signature of Unit Head:
(HOD/MO-IC/Others)
Signature _____________________________

Name _____________________________

Name (in Block):


Designation with Stamp _____________________________

Date _____________________________

Designation with Stamp:


Phone No _____________________________

Page | 47
Form 4: TECHNICAL SPECIFICATION FORM
(Technical Compliance Sheet & Technical Product Datasheet to be submitted mandatorily)
Tenderers must complete the right column of the below table and the compliance confirmation statement as included
in Section IV, Schedule of Requirements; Technical Specifications.

Tender No. , dated-


Schedule No. ___ :

Compliance to the tender Deviation if


Data Sheet
specification- Give any (Yes/No);
Sl. No. WBMSCL’s Specification Para & Page
Comments (Complied/Not- if yes –Give
Number
complied) Comments

THE OFFERED PRODUCTS ARE IN ACCORDANCE WITH THE REQUIRED SPECIFICATIONS AND
TECHNICAL REQUIREMENTS:

YES NO

ANY DEVIATIONS MUST BE LISTED BELOW:

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

Page | 48
Form 5: MANUFACTURER’S AUTHORIZATION FORM
[The Tenderer shall require the Manufacturer to fill in this Form in accordance with the instructions in the bid
document. This letter of authorization should be on the letterhead of the Manufacturer and should be signed by a
person with the proper authority to sign documents that are binding on the Manufacture. Such certificate is not
required where Manufacturer is the Tenderer.]

Date:

NIT No.:

To:
MD, WBMSCL

WHEREAS

We [insert complete name of Manufacturer], who are official manufacturers of [insert type of goods manufactured],
having factories at [insert full address of Manufacturer’s factories], do hereby authorize [insert complete name of
Tenderer] to submit a bid the purpose of which is to provide the following Goods, manufactured by us [insert name
and or brief description of the Goods] and to subsequently negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with the General Conditions for Goods, with
respect to the Goods offered by the above firm.

Authorised Signatory of the


Manufacturer_____
Name______________________________
Designation with stamp____________________
Date_______________________________

Page | 49
Form 6: PERFORMANCE STATEMENT FORM
(For the period of last three years, if applicable)

Bid no:________________ Date of Opening:___________

Name of the Firm ________________________________

Order placed Order no Description & Value of Date of completion of Remarks Was the
by (Full & date quantity of Order Delivery indicating supplies of
address of ordered items As per Actual reasons of goods
purchaser) Contract late delivery, satisfactory
if any

Signature and seal of the Tenderer

__________________________

Countersigned by and seal of Chartered Accountant

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

Page | 50
Form 7: Statement of Breakup of Duties and Taxes for each schedule

Sl. No. Particulars Percentage Price (In INR)


Basic Price of equipment
including value of goods,
accessories & ancillaries,
freight charges, installation,
commissioning, end user
1
training as many number of
times as required during the
period of warranty and any
other charges as applicable
excluding GST
2 GST

Gross Price

Form 8(a): PRICES FOR CONSUMABLES


Page | 51
Sl. No Items Basic Price of 1(one) number in INR excluding
GST
1
2
3
4
NOTE: The Tenderers should furnish the price of all the Consumables of the offered model in a
separate sheet. If any Tenderer do not submit the price of any of the consumables, it will be
presumed that those Consumables shall be supplied FREE OF COST by the Tenderer during
Warranty & CMC period.

Form 8(b): PRICES FOR SPARES


Sl. No Items Basic Price of 1(one) number in INR excluding
GST
1
2
3

Form 9: TURNOVER CERTIFICATE


Page | 52
I certify that Average Annual Turnover of (insert the name of the company) in India in medical equipment
division during the last 3 Financial Years (2019-20, 2020-21 and 2021-22 or 2020-21, 2021-22 and 2022-23) is
Rs. ......... as per the Audited Accounts of the Organization.

Signature and seal of Chartered Accountant with MRN

__________________________

Page | 53
Form 10: DECLARATION OF QUALITY CERTIFICATION OF
EQUIPMENT
(To Be Notarised)

AFFIDAVIT

I am the authorised signatory of --------------, (name of Company) and in the context of supply and/ or
installation of the ---------- (Name of the Equipment, Name of the offered model) which is an (name of
class) solemnly affirm and declare as follows:

1. That the device is in conformity with the requirements of the medical devices directive 93/42/EEC which
apply to it.
2. That the above mentioned model of (Name of the Equipment) is CE (European Conformity) approved.
3. That the vendor company and /or supplier on whose behalf I am the authorised signatory admit the
responsibility on the subject relating to the standard and safety of the equipment.
4. That the original copy/ photo copy of the CE certification of the offered model is enclosed and / or shall be
subject to inspection on demand.
5. That the statements made in the above paragraphs are true to my knowledge and belief.

DEPONENT”

Page | 54
Form 11: BID SECURITY (BANK GUARANTEE) FORM

[Insert: No Bid Security is requested or The Bank shall fill in this Bank Guarantee Form in accordance with the
instructions indicated.]
________________________________
[Bank’s Name and Address of Issuing Branch or Office]

Beneficiary: ___________________ [Name and Address of WBMSCL]

Date: ________________

BID GUARANTEE No.: _________________

We have been informed that [name of the Tenderer] (hereinafter called "the Tenderer") has submitted to you its bid
dated (hereinafter called "the Bid") for the execution of [name of contract] under Invitation to Bid No. [NIT number]
(“the NIT”).

Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.
At the request of the Tenderer, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not
exceeding in total an amount of [amount in figures] ([amount in words]) upon receipt by us of your first demand in
writing accompanied by a written statement stating that the Tenderer is in breach of its obligation(s) under the bid
conditions, because the Tenderer:

(a) has withdrawn its Bid during the period of bid validity specified by the Tenderer in the Form of Bid; or
(b) having been notified of the acceptance of its Bid by WBMSCL during the period of bid validity, (i) fails or
refuses to execute the Contract Form; or (ii) fails or refuses to furnish the performance security, if required, in
accordance with the Instructions to Tenderers.

This guarantee will expire: (a) if the Tenderer is the successful Tenderer, upon our receipt of copies of the
contract signed by the Tenderer and the performance security issued to you upon the instruction of the
Tenderer; or (b) if the Tenderer is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of
your notification to the Tenderer of the name of the successful Tenderer; or (ii) twenty-eight days after the
expiration of the Tenderer’s Bid.

Consequently, any demand for payment under this guarantee must be received by us at the office on or before
that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.

(c) While issuing Bank Guarantee, issuing applicant must mention receiver’s details as ICICI Bank IFSC
ICIC0001056, Branch Salt Lake Sector 5, in BG text at which SFMS IFIN 760 message to be send by issuing
bank, to establish the authenticity of given BG.

_____________________________
[Signature]

Form 12: Basic information Form


Basic information to be provided with the bid

Page | 55
1.1 Identity
(a) Name

(b) Registered address


(c) Phone number(s)

(d) Fax

(e) Email

(f) Website

(g) Address of Manufacturing & Operational Unit along


with Phone number, fax number, E-mail ID

1.2 Contact Person


(a) Name

(b) Designation

(c) Location

(d) Mailing address

(e) Phone number(s)


(f) Fax
(g) Email

Page | 56
Section VI. Contract Forms

Page | 57
Form 1: Performance Security
[Insert: No Performance Security shall be requested or the bank, as requested by the successful
Tenderer, shall fill in this form in accordance with the instructions indicated]

Date: [insert date (as day, month and year) of Bid Submission]
NIT No. and title: [insert no. and title of bidding process]

Bank’s Branch or Office: [insert complete name of Guarantor]


Beneficiary: [insert legal name and address of WBMSCL]
PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]
We have been informed that [insert complete name of Supplier] (hereinafter called "the Supplier") has
entered into Contract No. [insert number] dated [insert day and month], [insert year] with you, for
the supply of [description of Goods and related Services] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a Performance
Guarantee is required.
At the request of the Supplier, we hereby irrevocably undertake to pay you any sum(s) not exceeding
[insert amount(s1) in figures and words] upon receipt by us of your first demand in writing declaring
the Supplier to be in default under the Contract, without cavil or argument, or your needing to prove
or to show grounds or reasons for your demand or the sum specified therein.
This Guarantee shall expire no later than the [insert number] day of [insert month] [insert year],2 and
any demand for payment under it must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458,
except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
[signatures of authorized representatives of the bank and the Supplier]

1
The Bank shall insert the amount(s) specified in the SCG and denominated, as specified in the SCG, either
in the currency(ies) of the Contract or a freely convertible currency acceptable to WBMSCL.
2
Dates established in accordance with Clause 12 of the General Conditions of Contract (“GCG”).
WBMSCL should note that in the event of an extension of the time to perform the Contract, WBMSCL would
need to request an extension of this Guarantee from the Bank. Such request must be in writing and must be
made prior to the expiration date established in the Guarantee. In preparing this Guarantee, WBMSCL
might consider adding the following text to the Form, at the end of the penultimate paragraph: “We agree
to a one-time extension of this Guarantee for a period not to exceed [six months] [one year], in response to
WBMSCL’s written request for such extension, such request to be presented to us before the expiry of the
Guarantee.”

Page | 58

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