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Aiims Patna

The document is a tender notice from AIIMS Patna inviting bids for the supply and installation of a plastic moulded rectangular tank for the Department of Anatomy. The key details are: 1) The last date for bid submission is 30th January 2018 before 12:30 pm. Bids will be opened on the same day at 1:30 pm. 2) The pre-bid meeting will be held on 8th January 2018 at 12:30 hrs. 3) Bids are invited from experienced companies/firms for supplying and installing the plastic tank.

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0% found this document useful (0 votes)
153 views40 pages

Aiims Patna

The document is a tender notice from AIIMS Patna inviting bids for the supply and installation of a plastic moulded rectangular tank for the Department of Anatomy. The key details are: 1) The last date for bid submission is 30th January 2018 before 12:30 pm. Bids will be opened on the same day at 1:30 pm. 2) The pre-bid meeting will be held on 8th January 2018 at 12:30 hrs. 3) Bids are invited from experienced companies/firms for supplying and installing the plastic tank.

Uploaded by

kasvikraj
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/ 40

ALL INDIA INSTITUTE OF MEDICAL SCIENCES PATNA

(An Autonomous body under MoHFW, Govt. of India)

TENDER NO: AIIMS/Pat/Tender/Anatomy/P.Tank/F157 DATED: 03/01/2018

TENDER DOCUMENT

FOR

Supply & Installation of Plastic Moulded Rectangular Tank

FOR

Department of Anatomy

AT

AIIMS PATNA

DATE OF ISSUE OF TENDER FORM WITH DOCUMENT : From 03/01/2018

DATE & TIME FOR SUBMISSION OF TENDER DOCUMENT : From 03/01/2018 to 30/01/2018 up to 12:30 noon

DATE OF PRE-BID MEETING : On 08/01/2018 on 12:30 hrs

DATE & TIME FOR OPENING OF TENDER DOCUMENT : On 30/01/2018 at 13:30 hrs

Page 1 of 40
ALL INDIA INSTITUTE OF MEDICAL SCIENCES
PATNA - 801507
(An Autonomous body under MoHFW, Govt. of India)

No. AIIMS/Pat/Tender/Anatomy/P.Tank/F157 Dated: 03/01/2018


“Notice Inviting Tender for Supply & Installation of Plastic Moulded Rectangular Tank for Department of Anatomy of
AIIMS PATNA”

All India Institute of Medical Sciences, Patna (AIIMS Patna) invites bids from reputed, experienced
and financially sound Companies/Firms/Agencies for Supply & Installation of Plastic Moulded Rectangular Tank for
Department of Anatomy of the Institute. Those who are in the similar business for the last three years and
providing the same service to Central/State Govt./Reputed Private Hospitals or autonomous bodies may
send their bids both Technical and Commercial in sealed envelopes.
2. Complete Tender Document may be obtained from the Administrative Office, AIIMS, , Patna, Bihar
- 801507 on all working days from 03.00 PM to 5.00 PM from 03/01/2018 to 30/01/2018, by depositing a
Demand Draft for Rs. 1500/= (One Thousands Five Hundred only) payable at Patna and drawn in favour of
“AIIMS Patna”. It can also be downloaded from the website of AIIMS,Patna www.aiimspatna.org and Central
Public Procurement Portal (CPPP): www.eprocure.gov.in and Government e-Marketplace (GeM) till 30/01/2018 up
to 12:30 hrs. The bidders using the tender form downloaded from the website shall enclose a Demand
Draft for Rs. 1500/= (One Thousands Five Hundred only) payable at Patna and drawn in favour of “AIIMS,
Patna”.
3. The interested Companies/Firms/Agencies may send their bid complete in all respect along with
Earnest Money Deposit (EMD) as per schedule of requirement in the form of Demand Draft issued in favour
of AIIMS, Patna, drawn on any scheduled bank payable at Patna and other requisite documents to the
undersigned duly superscripted “Bid for Tender No AIIMS/Pat/Tender/Anatomy/P.Tank/F157” before 12:30 hrs on
30/01/2018. The bids received after this deadline shall not be entertained under any circumstances
whatsoever. In case of postal delay this Institute will not be responsible.
NOTE : The EMD and Tender Fee draft should be put in the envelope containing Technical Bid failing
which the tender shall be rejected forthwith.
4. The sealed envelopes are to be deposited in the tender box placed at the Administrative Office
AIIMS, Patna or may be sent through registered/speed post addressed to The Director, All India Institute
of Medical Sciences, Patna – 801 507. Bids sent by COURIER will not be entertained.
5. Bids will be opened on 30/01/2018 at 13:30 hrs in the presence of bidders or their authorized
representatives who wish to participate in the bidding process. If the opening date happens to be a closed
day/holiday, the tender will be opened on the next working day.
6. Any future clarification(s) and / or corrigendum(s) shall be communicated by the Faculty In-charge,
Procurement Cell through the website www.aiimspatna.org and Central Public Procurement Portal (CPPP):
www.eprocure.gov.in and Government e-Marketplace (GeM).
7. AIIMS Patna reserves the right to amend or withdraw any of the terms and conditions contained in
the Tender Document including quantity/amount of items to be supplied or to reject any or all tenders
without giving any notice or assigning any reason. The decision of the Director, AIIMS Patna in this regard
shall be final.

(Faculty-in-charge)
Procurement Cell
AIIMS Patna

Page 2 of 40
(on the letter head of Bidder)

FILE NO. : Tender No.: ________________________________________________

Dear Sir,

1. I/We hereby submit our tender for the ___________________________________________________

2. I/WE are enclosing herewith the Demand Draft No…………………… dated…….……………. for
Rs…………../- and Demand Draft No…………………… dated…….……………. for Rs…………../-
drawn in favour of AIIMS, Patna (payable at Patna) towards Tender Fee and EMD / Bid Security
respectively.

(TENDERS NOT ACCOMPANIED WITH EMD/ BID SECURITY ALONG WITH THE
TECHNICAL BID SHALL BE SUMMARILY REJECTED).

3. I/We have gone through all terms and conditions of the tender documents before submitting the same.

4. I/We hereby agree to abide by all the terms and conditions, stipulated by the AIIMS Patna in connection with
delivery, warranty, penalty etc. Quotations for each group are being submitted under separate covers, and
sheets and shall be considered on their face value.

5. I/We have noted that overwritten entries shall be duly cut & rewritten and initialed.

6. Tenders are duly signed and stamped. (No thumb impression should be affixed)

7. I/We undertake to sign the contract/agreement, if required, within 15 (Fifteen) days from the date of issue of
the letter of acceptance, failing which our/my security money deposited may be forfeited and our/my name
may be removed from the list of suppliers.

Yours faithfully,

(Signature of Bidder with full name and address)

Page 3 of 40
CHECK LIST FOR TERMS AND CONDITIONS

A.: To be filled by the bidder and submitted along with the Technical Bid.

Sl. Terms & Conditions as per Bidding Document Attached Page No. Remarks
No. (Yes/No)
1. Status of Bidder:
 Manufacturer or Authorized Agent of the
Manufacturer
 Whether Public Undertaking, Public Ltd., Private
Ltd. Company or Proprietary Firm
2. Power of Attorney as per Annexure – V in favour of
person to sign, submit and negotiate the bid.
3. Certificate towards market standing of minimum 03
(three) years in the area of supply and maintenance of bio-
medical equipment.
4. Certificate for sole ownership / partnership/ Certificate of
Incorporation
5. Statements of turnover per year for last three successive
years duly certified by the Chartered Accountants.
(Minimum Annual Turnover must be Rs. 1 Crore
6. User List (List of Govt. / Semi Govt., Reputed Pvt.
Hospital) where quoted model of the items has been
supplied and installed.
7. Performance certificate of the same supplied
machine (of quoted make and Model) issued by Head
of the Department. Or Institution after a minimum
period of six months of installation
8. Prerequisite (if any) for installation of the Machine, if any,
to be provided by the Institute.
9. Whether rates are quoted as per format mentioned in the
Bidding Document or not.
10. Enclose an affidavit duly certified by (enclosed/ Not
enclosed) the notary at the location of the
Agencies/Headquarters Patna that the bidder has never
been black listed or punished by any court for any
criminal offence/breach of contract and that no
police/vigilance enquiry/criminal case is pending against
either bidder legal entity or against individual Directors of
the company or partners etc. of the firm etc..
11. Affidavit, to the effect that the bidder is not supplying the
quoted item(s) to any other Govt. / Pvt. Organizations /
Institutions / Hospitals at the rate lower than the rate
quoted against this tender as (ANNEXURE – “IX”)
12. Quality Assurance Certificate As per technical
specification (please specify)
13. Bid Security amount deposited is enclosed or not. If yes,
please mention the details.
14. Original Technical Catalogue of the quoted model
15. Certificate, to the effect that bidder will maintain the
quoted item(s) during Warranty period of 5 (five) years
including all spares, accessories, consumables etc.,
(Please mention the name of the item / items with price,
which are not supplied by the bidder free of cost with
frequency of replacement)
16. Certificate, to the effect that bidder have quoted their rates
for Comprehensive Annual Maintenance Contract

Page 4 of 40
inclusive of labour, spares, consumables, accessories etc.
on per year basis for a further period of 5 (five) years after
expiry of warranty period of 5 (five) years in the price bid.
(Please mention the name of the item / items with price,
which are not supplied by the bidder free of cost with
frequency of replacement during Comprehensive Annual
Maintenance Contract period in the price bid)
17. Acceptance of all terms / conditions towards after sales /
services as mentioned in the bidding document.
18. Compliance Statement with relation to the technical
specification as mentioned in the bidding document duly
supported by the original catalogue.
19. Compliance Statement with relation to the terms &
conditions as mentioned in the document.
20. PAN and copies of Income Tax Returns for the last three
years.
21. Duly attested copy of GST registration certificate.
22. Certificate to the effect that two supply orders of the same
models quoted from an INI, Medical College Hospital,
Govt. Hospitals, reputed Private Hospitals has been given
in the Financial bid. as (ANNEXURE – “X”)
23. Any other information important in the opinion of the
bidder.

B: To be filled by the Bidder and submitted along with Price Bid

Sl. Terms & Conditions as per Bidding Document Page Remarks


No. No.
1. Item wise price for the item(s) as mentioned in the Bidding
Document and as per format attached as Annexure – I(a) or I(b)
2. Rate for Comprehensive Annual Maintenance Contract as per
terms & conditions mentioned in the Bidding Document and as per
format attached as Annexure – II

 Page number / serial number may be given to each and every page of Tender Documents and photocopies
of the documents attached. Mention Page number, wherever the copy(ies) of the document(s) are kept.
 In case of non-fulfilment of any of the above information/ document(s), the Tender will be summarily
rejected without giving any notice.

(Dated Signature of the Tenderer with stamp of firm)

Dated:

Place:
Undertaking
1. That I/we have carefully studied all the terms & conditions of NIT and shall abide by it.
2. That I/We shall supply the items of requisite quality.
3. That I/We undertake that the information given in this tender are true and correct in all respect and
I/We hold the responsibility for the same.
4. That I/We undertake that sample of items will be kept ready for inspections by the AIIMS, Patna. I/We
shall be responsible for the cancellation of tender if samples are not up to mark.

(Dated Signature of the Tenderer with stamp of firm)


Date:
Place:

Page 5 of 40
ELIGIBILITY CRITERIA

01. Manufacturers or their authorized dealers/Indian subsidiaries/direct importers having a place of


business in any of the States of India are eligible to participate in this tender.

02. The bidder/manufacturer of the equipment offered should be in the business of the supply and installation of same
/ similar equipment for the last three calendar years.

03. Bidder must enclose user list of the quoted items supplied in in Govt. / Pvt. Institutions / Hospitals in India
and the atleast one installation mentioned by the manufacturer in their offer must be functional and
performance certificate for the same issued by the user concerned also be attached with the offer.

04. The Bidder should be public undertaking / Autonomous Body / Public Ltd. / Pvt. Ltd. Company or proprietary
firm and should be in medical equipment business since last three years in India. The Bidder having
manufacturing facility in their name in India for the majority of the items offered by them shall be given
preference. .

05. The firm should be registered with under GST Tax.

06. The Bidder (manufacturer or their authorized agent) should have had average annual financial turnover of Rs.
1 Crore during the last three years ends 31/03/2017.

07. Bidders who have the capability to attend repairs of the equipments within the time mentioned in this bidding
document and who are willing to provide stand by equipment or replace the faulty equipment if the repair/down
time extends beyond 48 hours from the time of reporting of the fault within the next 72 hours (total down time
should not exceed 5 days in one instance). The bidders who have the capability to ensure the uptime mentioned in
this document (Documentary proof shall be submitted on the after sales facilities and expertise of the bidder.)

08. Bids of a firm/company that has been blacklisted by All India Institute of Medical Sciences – Patna or
blacklisted/debarred by any other State / Central Government's organization shall not be entertained.

09. Firm/company who have withdrawn after participating in any of the previous tenders of All India Institute of
Medical Sciences – Patna are not eligible to participate in this tender.

10. Certificate to the effect that two supply orders of the same models quoted from an INI, Medical College
Hospital, Govt. Hospitals, reputed Pvt. Hospitals has been given in the price bid. / Pvt. Institutions / Hospitals
in India.
Note:
 Notwithstanding anything stated above, the Institute reserves the right to assess the Bidder’s capability
and capacity to perform the contract satisfactorily before deciding on award of contract, should circumstances
warrant such an assessment in the overall interest of the purchaser.

 Samples/Equipment of product offered may be submitted at the time of opening of technical bid before the
technical bid evaluation committee. Financial bids of only those products will be opened whose samples
qualify as per technical specification by the technical evaluation committee. However, the committee may
call for the samples at any point of time.

Page 6 of 40
GENERAL INSTRUCTIONS TO BIDDERS (GIB)
1. PREAMBLE:-

i) Eligibility of Bidders:-This invitation of Bids is open to reputed foreign/ Indian manufactures or


their authorized dealers/ sole selling agents/ Stockiest authorized by the manufacturer to quote on their
behalf for this tender/DGS&D approved registered firms. Before formulating the tender and submitting
the same to the purchaser, the bidder should read and examine all the terms, conditions, instructions,
checklist etc. contained in the Tender documents. Failure to provide and/or comply with the required
information, instructions etc. incorporated in these tender document may result in rejection of its tender.
ii) Availability of fund:- Expenditure to be incurred for the proposed purchase will be met from the funds
available with the purchaser/consignee
iii) Language of Tender:-The tender submitted by the bidder and all subsequent correspondence and documents
relating to the tender exchanged between the bidder and the purchaser, shall be written in English language,
unless otherwise specified in the Tender Enquiry. However, the language of any printed literature furnished by
the bidder in connection with its tender may be written in any other language provided the same is
accompanied by an English translation and, for purposes of interpretation of the tender, the English translation
shall prevail.
The tender submitted by the bidder and all subsequent correspondence and documents relating to the tender
exchanged between the bidder and the purchaser, may also be written in the Hindi language, provided that the
same are accompanied by English translation, in which case, for purpose of interpretation of the tender etc,
the English translations shall prevail.
iv) Eligible Goods and Services: - All goods and related services to be supplied under the contract shall have their
origin in India or any other country with which India has not banned trade relations. The term “origin” used in
this clause means the place where the goods are mined, grown, produced, or manufactured or from where
the related services are arranged and supplied.
v) Tendering Expenses:- The bidder shall bear all costs and expenditure incurred and/or to be incurred by it in
connection with its tender including preparation, mailing and submission of its tender and for subsequent
processing the same. The purchaser will, in no case be responsible or liable for any such cost, expenditure etc
regardless of the conduct or outcome of the tendering process.
vi) Amendments to Tender Documents:- At any time prior to the deadline for submission of tenders, the
purchaser may, for any reason deemed fit by it, modify the TE documents by issuing suitable amendment(s) to it.
Such an amendment will be notified o n t h e w e b s i t e o f A I I M S P a t n a i . e . www.aiimspatna.org and
Central Public Procurement Portal (CPPP): www.eprocure.gov.in and Government e-Marketplace (GeM).
However the same will be notified to the bidders who have already submitted their tender in writing by registered
/ speed post or by fax / telex / e-mail, followed by copy of the same by registered post.
In order to provide reasonable time to the prospective bidders to take necessary action in preparing their
tenders as per the amendment, the purchaser may, at its discretion extend the deadline for the submission
of tenders and other allied time frames, which are linked with that deadline.
vii) Clarification of TE Documents:- A bidder requiring any clarification or elucidation on any issue of the TE
documents may take up the same with the purchaser on any working day (Monday to Friday) between 3.00 to
5.00 PM.

Page 7 of 40
2 Tendering System
The tenders/Bids are to be submitted in two Parts i.e. Part - I & Part II.
PART - I titled as TECHNICAL BID shall contain the complete technical specifications and details on the competency
of the bidder and also the commercial bid package with terms and conditions of supply, warranty, after sales service
etc. (Except Price Bid Form). Apart from the documents and signed copy of the purchased tender document, the
necessary enclosures should be submitted in this technical bid. In short, the technical bid should contain all the
necessary documents to prove the technical competency and capability of the bidders for supplying and installing
a trouble free equipment meeting the quality standards and technical specification and the ability of the bidders
for providing efficient after sales
service to the satisfaction of the Tender Inviting Authority and the user institution.
PART - II titled as PRICE BID shall contain only the ‘Price Bid Form’ duly filled in the prescribed Performa (Annexure -
I) and Comprehensive Annual Maintenance Contract offer in prescribed format (Annexure – II). Price Bid not
submitted in the prescribed performa will not be considered for evaluation and summarily rejected.
3. The tender offers, duly filled, shall be submitted in two separate sealed covers separately for technical and price
bids respectively. Such covers shall be super scribed as “TECHNICAL BID for Tender No.
…………………………………………..for supply of ………………………………........” and “PRICE BID for Tender No.
…………………………..for supply of ………………………….………………” as the case may be. Both the sealed covers shall
be enclosed in another sealed (third) bigger cover which should also be super scribed as “BID for Tender
No……………………………for supply of ……………………….………… ……………………..”
4. Quantity of items may increase or decrease. Director, AIIMS, Patna reserves the rights to purchase different sub
items/ components of items from different bidders.
5. The Bidding Documents along with terms and conditions, technical specification can be obtained from the office
of the Procurement Cell, AIIMS Patna on payment of Rs. 1500/= (One Thousands Five Hundred only), Non -
Refundable) by way of demand draft favoring AIIMS, Patna payable at Patna.
6. The “Bidding Document” can also be downloaded from institute website www.aiimspatna.org and Central Public
Procurement Portal (CPPP): www.eprocure.gov.in and Government e-Marketplace (GeM). In case, downloaded
bidding document is used, bidder(s) have to submit the cost of the Tender Document of Rs. 1,500/- (i.e. Rs. One
Thousand Five Hundred Only) along with the technical Bid in the form of Demand Draft in favour of AIIMS, Patna
payable at Patna towards cost of the “Tender Document”. If the cost of tender document is not submitted by
the bidder(s), his offer shall be outright rejected and returned.
7. Last date for purchase of bidding document is 30/01/2018 up to 12:30 noon
8. Last date for submission of bidding document 30/01/2018 up to 12:30 noon. Bidders may sent their bid by
registered post / speed post or may drop in tender box placed in the administrative office AIIMS Patna. Bidder(s)
are requested to send the bid well in advance so as to ensure that bid reaches in time. Institute will not be
responsible for any postal delay. Bids received after due date and time shall be summarily rejected.
9. Earnest Money Deposit (EMD):
a) Earnest Money of as per schedule of requirement is required to be submitted along with tender by D.D.
from any scheduled Indian Bank along with the tender favouring AIIMS, Patna (payable at Patna). No interest
is payable on EMD / Bid security.
b) EMD of the unsuccessful bidders will be returned to them at the earliest after expiry of final bid validity and
latest on or before the 30th day after the award of the contract without any interest.
c) EMD must be submitted in separate sealed envelope and endorsement of the same with DD number, date
be made with technical bids
d) Non-submission of sufficient EMD along with the Technical Bid shall be one of the primary reasons for
rejection of the offer in the first round.
e) Cheque, Cash payment, Money Order, Fixed deposit etc will not be accepted as EMD.

Page 8 of 40
f) The successful Bidder's EMD will be discharged upon the Bidders signing the contract and furnishing the
performance security. The EMD of the successful Bidder can be adjusted towards the security deposit
payable.
10 Bidder(s) should mention the DGS&D registration, if registered, and attach photocopy of DGS&D registration
certificate Photocopy of Income tax & sales tax clearance certificate should be enclosed.
11 For Imported Goods, Indian Agency Commission must be declared in financial bid.
12 The Bidder’s shall have to submit the following documents in technical bid: -
a). User List (List of Govt. / Semi Govt., Reputed Pvt. Hospital) where quoted model of the item has been
supplied and installed.
b). Performance certificate of the same supplied machine (of quoted make and Model) issued by Head of
the Department or Institution after a minimum period of six months of installation.
c). Prerequisite (if any) for installation of the Machine, if any to be provided by the Institute.
d). If the manufacturing company and/or its Indian agent (for Foreign manufactured) have authorized some
agency for participation in this tender for a limited period than in that case they (Manufactured/ Indian
agent) shall have to submit an undertaking duly notarized by Public notary that if their tender is selected
they shall be solely responsible for compliance of all the terms and conditions mentioned in the bilateral
agreement for purchase and subsequent supply order even if their authorized agent is changed. Any
tender offer without such certificate duly certified by public notary shall be rejected in technical scrutiny
itself.
e). Bidder must submit a compliance checklist along with the technical bid itself.
(Any tender offer without submission of above mentioned document (i.e. a to d) shall be rejected during
technical scrutiny.)
f). If any new System/ Latest model machine is a launched in the market and seller has not installed such
quoted models they should submit an undertaking that he has not installed such models previously.
They may submit supply order / performance certificate of previous model, which was recently installed
by them.
13 Tender currencies: - The bidder supplying indigenous goods or already imported goods shall quote only in
Indian Rupees. If quoted in foreign currency, the same will be converted into Indian currency at the average
exchange rate of RBI on the date of opening of Tender.
14 Tender Prices:- The Bidder shall indicate on the Price Schedule provided under Annexure I all the specified
components of prices shown therein including the unit prices and total tender prices of the goods and services
it proposes to supply against the requirement. All the columns shown in the price schedule should be filled
up as required. If any column does not apply to a bidder, same should be clarified as “NA” by the bidder. While
filling up the columns of the Price Schedule, the following aspects should be noted for compliance.
i) For domestic goods or goods of foreign origin located within India, the prices in the
corresponding price schedule shall be entered separately in the following manner:
a) The price of the goods, quoted ex-factory/ ex-showroom/ ex-warehouse/ off-the-shelf, as
applicable, including all applicable taxes and duties like GST, Custom Duty etc. already
paid or payable on the components and raw material used in the manufacture or
assembly origin quoted ex-showroom etc.
b) Any taxes and any duties which will be payable on the goods in India if contract is
awarded.
c) charges towards Packing & Forwarding, Inland Transportation, Insurance (local transportation and
storage) would be borne by the Supplier from ware house to the consignee site for a period
including 3 months beyond date of delivery, Loading/Unloading and other local costs incidental
to delivery of the goods to their final destination as specified in the List of Requirements and Price
Schedule.

Page 9 of 40
ii) Additional information and instruction on duties and Taxes:- If the Bidder desires to ask for any tax to
be paid extra, the same must be specifically stated. In the absence of any such stipulation the price will
be taken inclusive of such duties and taxes and no claim for the same will be entertained later.
iii) Goods & Service Tax (GST):- If a bidder asks for GST to be paid extra, the rate and nature of GST
applicable should be shown separately like IGST,CGST,SGST or UTGST. The GST will be paid as per the rate
at which it is liable to be assessed or has actually been assessed provided the transaction of sale is legally
liable to GST and is payable as per the terms of the contract. If any refund of Tax is received at a later
date, the Supplier must return the amount forth-with to the purchaser.
15 Firm Prices: - Prices quoted by the bidder shall remain firm and fixed during the currency of the contract
and not subject to variation on any account. However, as regards taxes and duties, if any, chargeable on the
goods and payable, the conditions stipulated in clause 14 will apply.
16 Alternative Tender :-
a) Alternative Tenders are not permitted.
b) However the Bidders can quote alternate models meeting the tender specifications of same
manufacturer with single EMD.
c) Only one bidder is permitted to quote for the same manufacturer irrespective of models.
17 Tender validity: - The tenders shall remain valid for acceptance for a period of 120 days (One hundred and
Twenty days) after the date of tender opening prescribed in the TE document. Any tender valid for a
shorter period shall be treated as unresponsive and rejected.
In exceptional cases, the bidders may be requested by the purchaser to extend the validity of their
tenders up to a specified period. Such request(s) and responses thereto shall be conveyed by surface mail
or by fax/ telex/cable followed by surface mail. The bidders, who agree to extend the tender validity, are
to extend the same without any change or modification of their original tender and they are also to
extend the validity period of the EMD accordingly. A bidder, who may not agree to extend its tender validity
after the expiry of the original validity period the EMD furnished by them shall not be forfeited.
In case the day up to which the tenders are to remain valid falls on / subsequently declared a
holiday or closed day for the purchaser, the tender validity shall automatically be extended up to the next
working day.
18 Late Tender: - A tender, which is received after the specified date and time for receipt of tenders will be
treated as “late” tender and will be ignored.
19 Alternation and Withdrawal of Tender: - The bidder, after submitting its tender, is permitted to alter / modify
its tender so long as such alterations / modifications are received duly signed, sealed and marked like the
original tender, within the deadline for submission of tenders. Alterations / modifications to tenders received
after the prescribed deadline will not be considered. No tender should be withdrawn after the deadline for
submission of tender and before expiry of the tender validity period. If a bidder withdraws the tender during
this period, it will result in forfeiture of the earnest money furnished by the bidder in its tender.
20 Scrutiny and Evaluation of Tenders:-
i) Tenders will be evaluated on the basis of the terms & conditions already incorporated in the TE
document, based on which tenders have been received and the terms, conditions etc. mentioned by the
bidders in their tenders.
ii) The Purchaser will examine the Tenders to determine whether they are complete, whether any
computational errors have been made, whether required sureties have been furnished, whether the
documents have been properly signed stamped and whether the Tenders are generally in order.
iii) The Purchaser’s determination of a Tender’s responsiveness is to be based on the contents of the
tender itself without recourse to extrinsic evidence.
iv) The tenders will be scrutinized to determine whether they are complete and meet the essential and
important requirements, conditions etc. as prescribed in the TE document. The tenders, which do not the

Page 10 of 40
meet the basic requirements, are liable to be treated as non – responsive and will be rejected.
21. Non- responsive tender :-The following are some of the important aspects, for which a tender shall be
declared non – responsive during the evaluation and will be ignored:
a). Tender is unsigned.
b). Tender validity is shorter than the required period.
c). Required EMD (Amount, validity etc.)/ Exemption documents have not been provided.
d). Bidder has quoted for goods manufactured by other manufacturer(s) without the required Manufacturer’s
Authorisation Form.
e). Bidder has not agreed to give the required performance security of required amount in an acceptable
form for due performance of the contract.
f). Bidder has not agreed to other essential condition(s) specially incorporated in the tender enquiry like
terms of payment, liquidated damages clause, warranty clause, dispute resolution mechanism applicable
law.
g). Poor/ unsatisfactory past performance.
h). Bidders who stand deregistered/banned/blacklisted by any Govt. Authorities.
i). Bidder is not eligible as per eligibility criteria.
j). Bidder has not agreed for the delivery terms and delivery schedule.
22. Minor Infirmity/Irregularity/Non-Conformity: If during the evaluation, the purchaser find any minor
informality and/or irregularity and/or non- conformity in a tender, the purchaser will convey its observation
on such ‘minor’ issues to the bidder by registered/speed post/courier/e-mail/fax/telephone etc. asking the
bidder to respond by a specified date. If the bidder does not reply by the specified date or gives evasive reply
without clarifying the point at issue in clear terms, that tender will be liable to be ignored.
23. Discrepancies in Prices:
a). If, in the price structure quoted by a bidder, there is discrepancy between the unit price and the total price
(which is obtained by multiplying the unit price by the quantity), the unit price shall prevail and the total
price corrected accordingly, unless the purchaser feels that the bidder has made a mistake in placing the
decimal point in the unit price, in which case the total price as quoted shall prevail over the unit price and
the unit price corrected accordingly.
b). If there is an error in a total price, which has been worked out through addition and/or subtraction of
subtotals, the subtotals shall prevail and the total corrected; and
c). If there is a discrepancy between the amount expressed in words and figures, the amount in words shall
prevail, subject to sub clause 23a and 23b above.
d). If, as per the judgment of the purchaser, there is any such arithmetical discrepancy in a tender, the same
will be suitably conveyed to the bidder by registered / speed post. If the bidder does not agree to the
observation of the purchaser, the tender is liable to be ignored
24. Comparison of Tenders: The comparison of the responsive tenders shall be carried out on Delivery Duty Paid
(DDP) consignee site basis. The quoted turnkey prices and CMC prices will also be added for comparison/ranking
purpose for evaluation.
25. Additional Factors and Parameters for Evaluation and Ranking of Responsive Tenders:
A. The purchaser’s evaluation of a tender will include and take into account the following:
i) In the case of goods manufactured in India or goods of foreign origin already located in India, taxes which
will be contractually payable (to the bidder), on the goods if a contract is awarded on the bidder; and
ii) In the case of goods of foreign origin offered from abroad, customs duty and other similar import

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duties/taxes, which will be contractually payable (to the bidder) on the goods if the contract is awarded
on the bidder.
B. The Purchaser reserves the right to give the price preference to small-scale sectors etc. and purchase
preference to central public sector undertakings as per the instruction in vogue while evaluating, comparing
and ranking the responsive tenders.
C. Purchase Preference to Local Suppliers

In pursuance of Government of India Order no. P-45021/2/2017-B.E.-II dated 15/06/2017 purchase


preference shall be given to local suppliers in all procurements undertaken by procuring entities in the
manner specified hereunder:

1. a. In procurement of goods in respect of which the Nodal Ministry has communicated that there is
sufficient local capacity and local competition, and where the estimated value of procurement is Rs. 50
lakhs or less, only local suppliers shall be eligible. If the estimated value of procurement of such goods
is more than Rs. 50 lakhs, the provisions of sub-paragraph b or c, as the case may be, shall apply.

b. In the procurements of goods which are not covered by paragraph 1.a above and which are divisible in
nature, the following procedure shall be followed:

I) Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local supplier, the contract
for full quantity will be awarded to L1.
II) If L1 bid is not from a local supplier, 50% of the order quantity shall be awarded to L1. Thereafter, the
lowest bidder among the local suppliers, will be invited to match the L1 price for the remaining 50%
quantity subject to the local supplier’s quoted price falling within the margin of purchase preference,
and contract for that quantity shall be awarded to such local supplier subject to matching the L1 price.
In case such lowest eligible local supplier fails to match the L1 price or accepts less than the offered
quantity, the next higher local supplier within the margin of purchase preference shall be invited to
match the L1 price for remaining quantity and so on, and contract shall be awarded accordingly. In
case some quantity is still left uncovered on local suppliers, then such balance quantity may also be
ordered on the L1 bidder.

c. In procurements of goods not covered by subparagraph 1.a above and which are not divisible, and in
procurement of services where the bid is evaluated on price alone, the following procedure shall be
followed:

i) Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local supplier, the contract
will be awarded to L1.
ii) If L1 is not from a local supplier, the lowest bidder among the local suppliers, will be invited to match
the L1 price subject to local supplier’s quoted price falling within the margin of purchase preference,
and the contract shall be awarded to such local supplier subject to matching the L1 price.
iii) In case such lowest eligible local supplier fails to match the L1 price, the local supplier with the next
higher bid within the margin of purchase preference shall be invited to match the L1 price and so on
and contract shall be awarded accordingly. In case none of the local suppliers within the margin of
purchase preference matches the L1 price, then the contract may be awarded to the L1 bidder.

2. Exemption of small purchases: Notwithstanding anything contained in paragraph 1 above, procurements


where the estimated value to be procured is less than Rs 5 lakhs shall be exempt from this Order. However, it
shall be ensured by procuring entities that procurement is not split for the purpose of avoiding the provisions of
this Order.

3. Minimum local content: The minimum local content shall ordinarily be 50%. The Nodal Ministry may prescribe
a higher or lower percentage in respect of any particular item and may also prescribe the manner of calculation
of local content.

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4. Margin of Purchase Preference The margin of purchase preference shall be 20%.

5. For any further interpretation GOI Order referred of para 20.5 will prevails.

26 Bidder’s capability to perform the contract:

a) The purchaser, through the above process of tender scrutiny and tender evaluation will determine to its
satisfaction whether the bidder, whose tender has been determined as the lowest evaluated responsive
tender is eligible, qualified and capable in all respects to perform the contract satisfactorily. If, there is more
than one schedule in the List of Requirements, then, such determination will be made separately for each
schedule.
b) The above-mentioned determinations will inter-alia take into account the bidder’s financial, technical and
production capabilities for satisfying all the requirements of the purchaser as incorporated in the TE
document. Such determination will be based upon scrutiny and examination of all relevant data and details
submitted by the bidder in its tender as well as such other allied information as deemed appropriate by the
purchaser.
27 Contacting the Purchaser:
a) From the time of submission of tender to the time of awarding the contract, if a bidder needs to contact
the purchaser for any reason relating to this tender enquiry and / or its tender, it should do so only in
writing.
b) In case a bidder attempts to influence the purchaser in the purchaser’s decision on scrutiny,
comparison & evaluation of tenders and awarding the contract, the tender of the bidder shall be liable
for rejection in addition to appropriate administrative actions being taken against that bidder, as
deemed fit by the purchaser.
28 Purchaser’s Right to accept any tender and to reject any or all tenders
The purchaser reserves the right to accept in part or in full any tender or reject any or more tender(s)
without assigning any reason or to cancel the tendering process and reject all tenders at any time prior
to award of contract, without incurring any liability, whatsoever to the affected bidder or bidders.
29 Variation of Quantities at the Time of Award/ Currency of Contract:
a) At the time of awarding the contract, the purchaser reserves the right to increase or decrease by up
to twenty five (25) per cent, the quantity of goods and services mentioned in the schedule (s) in the
“List of Requirements” (rounded of to next whole number) without any change in the unit price and
other terms & conditions quoted by the bidder.
b) If the quantity has not been increased at the time of the awarding the contract, the purchaser
reserves the right to increase by up to twenty five (25) per cent, the quantity of goods and services
mentioned in the contract (rounded off to next whole number) without any change in the unit price
and other terms & conditions mentioned in the contract, during the currency of the contract.
30 Notification of Award/Letter of Intent (LOI)
a) Before expiry of the tender validity period, the Institute will notify the successful Bidder(s) in writing, by
registered / speed post or by fax or by email (to be confirmed by registered / speed post immediately
afterwards) that its tender for equipment(s), which have been selected by the Institute, has been
accepted, also briefly indicating there in the essential details like description, specification and
quantity of the goods & services and corresponding prices accepted. This notification is undertaken by
issuing a Letter of Intent (LOI) by the Institute.

b) The successful bidder, upon receipt of the LOI, shall furnish the required performance security and
submit an agreement in the prescribed format within ten days, failing which the EMD will forfeited
and the award will be cancelled.
c) The Notification of Award shall constitute the conclusion of the Contract.
31. Issue of Contract:
d) Promptly after notification of award, the Purchaser/Consignee will mail the contract form duly

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completed and signed, in duplicate, to the successful bidder by registered / speed post or by Hand.
e) Within twenty one days from the date of the contract, the successful bidder shall return the
original copy of the contract, duly signed and dated, to the Purchaser/Consignee by registered /
speed post or by Hand.
32 Non-receipt of Performance Security and Contract by the Purchaser/Consignee: Failure of the successful bidder
in providing performance security and / or returning contract copy not duly signed shall make the bidder liable
for forfeiture of its EMD.
33 Return of E M D: The earnest money of the successful bidder and the unsuccessful bidders will be returned to
them without any interest.
34 Corrupt or Fraudulent Practices:
It is required by all concerned namely the Consignee/Bidders/Suppliers etc to observe the highest standard
of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Purchaser
defines, for the purposes of this provision, the terms set forth below as follows:-
a) “corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the
action of a public official in the procurement process or in contract execution; &
b) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process
or the execution of a contract to the detriment of the Purchaser, and includes collusive practice among
Bidders (prior to or after Tender submission) designed to establish Tender prices at artificial non-
competitive levels and to deprive the Purchaser of the benefits of free and open competition;
c) will reject a proposal for award if it determines that the Bidder recommended for award has engaged
in corrupt or fraudulent practices in competing for the contract in question;
d) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract
by the purchaser if it at any time determines that the firm has engaged in corrupt or fraudulent practices
in competing for, or in executing the contract.
35 Bidder might be required to demonstrate the system at the discretion of the institute.
36 Signing of Contract: The successful bidder shall execute an agreement for ensuring satisfactory supply, installation,
commissioning and the after sales service/support during the warranty period and during the Comprehensive Annual
Maintenance Contract.
37 Successful bidder (L1) will have to sign Comprehensive Annual Maintenance Contract at the time of placement of
Notification of Award. The warranty PBG will released after 5 years only after submitting PBG for Comprehensive
Annual Maintenance Contract (CAMC) value. If they fails to submit PBG for CAMC, this PBG submitted for warranty
period of 5 years may be forfeited.
38 The Director reserves the right to accept or reject any or all tenders without assigning reasons.
39 The Director reserves the right to modify, add or delete any terms & conditions of the contract as and when
required.

(Faculty-in-charge)
Procurement Cell
AIIMS Patna

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GENERAL CONDITIONS OF THE CONTRACT (GCC)

1. Use of contract documents and information


(i) The supplier shall not, without the purchaser’s prior written consent, disclose the contract or any
provision thereof including any specification, drawing, sample or any information furnished by or on
behalf of the purchaser in connection therewith, to any person other than the person(s) employed by
the supplier in the performance of the contract emanating from this TE document. Further, any such
disclosure to any such employed person shall be made in confidence and only so far as necessary for the
purposes of such performance for this contract.
(ii) Further, the supplier shall not, without the purchaser’s prior written consent, make use of any
document or information mentioned in this tender except for the sole purpose of performing this
contract.
(iii) Except the contract issued to the supplier, each and every other document mentioned in tender shall
remain the property of the purchaser and, if advised by the purchaser, all copies of all such documents
shall be returned to the purchaser on completion of the supplier’s performance and obligations under
this contract.
2. Patent Rights
(i) 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 & 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.
3. Country of Origin
(i) All goods and services to be supplied and provided for the contract shall have the origin in India or in
the countries with which the Government of India has trade relations.
(ii) The word “origin” incorporated in this clause means the place from where the goods are mined,
cultivated, grown, manufactured, produced or processed or from where the services are arranged.
(iii) The country of origin may be specified in the Price Schedule
4. Assignment
(i) The Supplier shall not assign, either in whole or in part, its contractual duties, responsibilities and
obligations to perform the contract, except with the Purchaser’s prior written permission.
5. Sub Contracts
(i) The Supplier shall notify the Purchaser in writing of all sub contracts awarded under the contract if not
already specified in its tender. Such notification, in its original tender or later, shall not relieve the
Supplier from any of its liability or obligation under the terms and conditions of the contract.
(ii) Sub contract shall be only for bought out items and sub-assemblies.
(iii) Sub contracts shall also comply with the provisions of “Country of Origin”.
6. Duty Free Clearance, Transportation, Forwarding & Handling Charges: Clearance charges at point of Entry / Air
Port and on ward transportation charges with Insurance upto AIIMS, Patna will be borne by supplier’s Indian
Agent for which this Institute will not pay the charges.
7. Demurrage Taxes & Octroi: No demurrage charges will be paid by the Institute in case of delay on the part of
supplier. However, this Institute will provide all necessary documents required for clearance / transportation
of the goods and for exemption of the taxes/octroi for which supplier/Indian agent will have to intimate/furnish
his requisition of document required, if any, well in advance. Octroi will be payable by supplier / Indian agent,
if required.
8. Inspection and Testing: - The purchaser and/or its nominated representative(s) will, without any extra cost to
the purchaser, inspect and/or test the ordered goods and the related services to confirm their conformity
to the contract specifications and other quality control details incorporated in the contract. The purchaser shall
inform the supplier in advance, in writing, the purchaser’s programme for such inspection and, also the

Page 15 of 40
identity of the officials to be deputed for this purpose. The cost towards the transportation, boarding &
lodging will be borne by the purchaser and/or its nominated representative(s).
a) The Technical Specification incorporated in the contract shall specify what inspections and tests are to
be carried out and, also, where and how they are to be conducted. If such inspections and tests are
conducted in the premises of the supplier or its subcontractor(s), all reasonable facilities and
assistance, including access to relevant drawings, design details and production data, shall be furnished
by the supplier to the purchaser’s inspector at no charge to the purchaser.
b) If during such inspections and tests the contracted goods fail to conform to the required specifications
and standards, the purchaser’s inspector may reject them and the supplier shall either replace the
rejected goods or make all alterations necessary to meet the specifications and standards, as required,
free of cost to the purchaser and resubmit the same to the purchaser’s inspector for conducting the
inspections and tests again.
c) In case the contract stipulates pre-dispatch inspection of the ordered goods at supplier’s premises, the
supplier shall put up the goods for such inspection to the purchaser’s inspector well ahead of the
contractual delivery period, so that the purchaser’s inspector is able to complete the inspection within
the contractual delivery period.
d) If the supplier tenders the goods to the purchaser’s inspector for inspection at the last moment
without providing reasonable time to the inspector for completing the inspection within the
contractual delivery period, the inspector may carry out the inspection and complete the formality
beyond the contractual delivery period at the risk and expense of the supplier. The fact that the
goods have been inspected after the contractual delivery period will not have the effect of keeping the
contract alive and this will be without any prejudice to the legal rights and remedies available to the
purchaser under the terms & conditions of the contract.
e) The purchaser’s/consignee’s contractual right to inspect, test and, if necessary, reject the goods after
the goods’ arrival at the final destination shall have no bearing of the fact that the goods have previously
been inspected and cleared by purchaser’s inspector during pre-despatch inspection mentioned
above.
f) Goods accepted by the purchaser/consignee and/or its inspector at initial inspection and in final
inspection in terms of the contract shall in no way dilute purchaser’s/consignee’s right to reject the same
later, if found deficient in terms of the warranty clause of the contract, as incorporated.
9. Guarantee/Warranty Terms:
a) The successful Bidder has to warrant that the Goods supplied under this Contract are new, unused, of the
most recent or current models and incorporate all recent improvements in design and materials unless
provided otherwise in the Contract.
b) The successful Bidder further have to warrant that the Goods supplied under this Contract shall have no
defect arising from design, materials or workmanship (except when the design and/or material is required
by the Tender Inviting Authority’s specifications) or from any act or omission of the successful Bidder, that
may develop under normal use of the supplied goods.
c) All the equipments including the accessories supplied as per the technical specification as mentioned in the
bidding document should carry comprehensive warranty (including all spares, accessories and consumables)
for a period mentioned in this document in the first instance. During this period, the successful Bidder shall
replace all defective parts / accessories / consumables and attend to all repairs/break downs and undertake
stipulated number of preventive maintenance visits to every user installation site. The cost of spare parts
for all replacements has to be borne by the successful Bidder during the period of comprehensive warranty.
The items which are not covered under warranty should be clearly mentioned along with rate of the items.
d) On expiration of the comprehensive warranty period, the successful Bidder shall be willing to provide after
sales support for an additional period prescribed in this document.
e) The prospective Bidder, who is manufacturer, shall submit an undertaking from the Original Equipment
Manufacturers (OEM) that they are willing to provide spare parts for the period of warranty as mentioned
and also during the additional CMC/AMC period, if awarded. The OEM shall also assure continuity of service
to their product, in the event of change in dealership or the Bidders – their existing dealers - couldn’t provide
service during the warranty / CAMC period. The undertaking from OEM is an essential document forming
part of the Technical Bid, without which the tenders will be rejected summarily in the first round itself.

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f) After sales service centre in Patna (Bihar) preferably or at least in East India should be available as part of
the pre-qualification and the Bidder shall provide proof of their capability to undertake such
maintenance/repair within the stipulated time. (Companies without service center in Patna should give an
undertaking that they shall establish one within a year of the signing of contract)
g) The successful Bidder shall provide preventive maintenance as per the frequency mentioned in this
document during the warranty period. The Bidder shall attend any number of break down/repair calls as and
when informed by the institute authority.
h) Upon receipt of such notice for repair/breakdown from the institute, the successful Bidder shall, within the
period as specified in this document, and with all reasonable speed, repair or replace the defective goods or
parts thereof, without cost to the Tender Inviting Authority.
i) If the successful Bidder, having been notified, fails to rectify the defect(s) within the period specified
mentioned in this document, the Tender Inviting Authority may proceed to take such remedial action as may
be deemed necessary, at the successful Bidder’s risk and cost and without prejudice to any other rights
which the Tender Inviting Authority may have against the successful Bidder under the contract.
j) Failure to attend the repairs in time or failure to attend the stipulated preventive maintenance visit or failure
to replace the defective equipments or to provide stand by equipment if the fault/down time exceeds the
stipulated period or to ensure the stipulated up-time in an year shall lead to forfeiture of the performance
security and/or may lead to blacklisting/debarring of the defaulting Bidder.
k) The equipment which requires quality assurance test shall be done at free of cost immediately after
installation, during the comprehensive warranty period, during the CMC / AMC period, by the demand of
User and also when major spares are replaced.
l) Any mandatory approval required for installation shall be obtained by the successful Bidder in liaison with
the respective authorities.
m) The Bidder shall submit the parameters which require calibration and the frequency of calibration required.
n) The Bidder shall undertake on-site calibration of the equipment every year as part of the after sales service
during the period of comprehensive warranty, CMC/AMC or on demand from the user.
o) The Bidder shall also have to submit whether periodic replacements of consumable items are required for
proper functioning of their quoted machine/Equipment If yes they should submit the list of such
consumables along with price list and frequency of replacement per year, if the same is not replaced free of
cost during warranty / guarantee period.
p) The offered warranty includes:
i). Visits to the user institutions at frequencies prescribed as part of preventive maintenance.
ii). Testing & calibration as per technical/service/operation manual of the manufacturer or as per the
period specified or as per the demand of the user.
iii). Quality Assurance tests (if applicable).
iv). The cost of labour for all repairs/ and all spares required for replacement during repairs all kinds of
accessories, Probes, all types of sensors and transducers, Electrodes, Detectors, battery, battery for
UPS, other vaccumatic parts etc wherever applicable and also the accessories and other devices
supplied along with the equipments like stabilizer, UPS, AC, Computer, Compressor, Monitor, etc,
which forms part of the equipment system, without which it cannot perform satisfactorily.
v). The exclusion of warranty of any vital equipment parts will be compared with offers of other Bidders
during evaluation of the bids and this may be taken into consideration in deciding the successful
Bidder on the basis of expert advice.
vi). The Bidder shall provide up-time warranty of complete equipment as mentioned in this document,
the uptime being calculated on 24 (hrs) X 7 (days) basis failing Warranty period will be extended for
every additional day of down time equal to one week.
vii). The installed software should be the latest one for the particular model and all future software
updates should be provided free of cost during the Warranty period.
10. Comprehensive Annual Maintenance Contract:
a) The decision to enter into CMC or AMC will be determined on the basis of cost and complexity of the
equipment by the Tender Inviting Authority, at its discretion, prior to the expiration of warranty period. In

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case if it is decided by Institute to enter into CAMC contract, the vendor will have to submit CAMC
agreement (format placed at Annexure-VIII ) at the time of supply of items. The CAMC amount in the PBG
will be 10% of the CAMC cost.
b) The Comprehensive Maintenance Contract (CMC) is otherwise an extended warranty. All the terms and
conditions agreed by the successful Bidder for executing the comprehensive warranty of the equipment
shall be extended during the period of CMC, only difference being the payment of CMC charges is absent
during the period of comprehensive warranty.
c) The cost of CMC, accessories and spares, reagents and consumables as in case may be quoted along with
taxes applicable, if any. The taxes to be paid extra, to be specifically indicated. In the absence of any such
stipulation the price will be taken inclusive of such taxes and no claim for the same will be entertained
later.
d) Failure/refusal on the part of the successful tender supplying/installing the equipments to enter into CMC
with the Tender Inviting Authority, at the end of the Comprehensive Warranty Period, if the Institute, as
the case may be, desires so, shall lead to forfeiture of performance security and may also result in the
blacklisting/debarring of the Bidder.
e) The successful Bidder shall also indicate the rates for the CMC in price bid form and such rates are binding
on the successful tenders after the expiration of the warranty period. The yearly rates for CMC shall remain
the one and the same as quoted in the price bid form for the extended years.
f) Cost of CMC (excluding taxes, if any) will be considered for Ranking/Evaluation purpose.
g) The payment of the agreed CMC charges will be made as per frequency for payment after satisfactory
completion of said period, on receipt of service report/ break down report from the user.
h) The Bidder shall also have to submit whether periodic replacements of consumable items are required
for proper functioning of their quoted machine/Equipment? If yes they should submit the list of such
consumables along with price list and frequency of replacement per year if the same is not included in
quoted Comprehensive Annual Maintenance Contract charges per year.
11. Time Limits prescribed
Sl. No Activity Time Limit
a. Installation & Delivery period 6 weeks from date of issuance of Supply
Order
b. Comprehensive warranty period 5 years from the date of successful
installation.
c. CMC period 5 years after expiry of the 5 years warranty

d. Frequency of visits to all User Institution One visit every three months (4 visits in a
concerned during Warranty/CMC year) for periodic/preventive maintenance
and any time for attending
repairs/break down calls.
e. Frequency of payment of CMC charges Every six months after completion of the
Period.
f. Submission of Performance Security 10 days from the date of issuance of Letter
and entering into contract of Intent
g. Maximum time to attend any Repair call Within 24 hours.
h. Uptime in a year during warranty as well 95% of 365 days.
as during CAMC period.
12. Firm have to provide a minimum UPTIME GUARANTEE of 95% (95% of 365 Days) per year during the warranty
period as well as during the Comprehensive Annual Maintenance Contract.
13. While calculating the total unit price of the item / system to be procured, expenditure to be incurred in
maintenance of the quoted item / system including all spare parts for a total period of 5 years after expiry of
the warranty period of 5 years shall also be taken into consideration. Accordingly, it is mandatory for the
bidders to submit the rate for Comprehensive Annual Maintenance Contract (with spares) for a minimum
period of 5 years after the expiry of warranty period of 5 years.
14. Supplier will submit undertaking for ensuring uninterrupted supply of spares during the total life span of the
equipments.

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15. Indian agency commission and Installation charge if any will be paid in Indian rupees after successful installation
and demonstration of the equipments.
16. Principal’s Invoice of the quoted items must be submitted with the quotations.
17. Proof of the official Indian agent certificate of the firm must be attached. (Notary Certified Photocopy)
18. In order to fully and optimally utilize the equipment, training to Para Medical Staffs and Doctors should be
provided. In continuation to this training, separate maintenance training for the machine and the sub systems
should also be given to the “Equipment Maintenance Engineer” and “Equipment Maintenance Technicians”. All
the financial commitments in this regard shall be met by the bidder(s).
19. Bidder(s) have to submit an affidavit to the effect that they have not supplied the offered item(s) to any Govt.,
semi Govt. / Pvt. Organization, Institution, Nursing Home etc. at the price lower than the price offered to AIIMS,
Patna.
20. All the claims regarding meeting the specifications shall be duly supported by appropriate, latest technical
catalogues/brochures from the manufacturer. Simply stating that the equipment(s) meets the specifications is
not sufficient and any such quotations will be summarily rejected. Computer printed documents or Photostat
copy or laser printouts will not be accepted as technical catalogues / brochures.
21. Warranty Period:
a) The “Complete System” shall remain under warranty period of 5 years from the date of satisfactory
installation. The Complete System should include the basic unit and allied supporting components like UPS,
Computer System, Printer, De-ionizer, Dehumidifier etc to be supplied by the bidder along with basic unit.
b) During warranty period of 5 years, bidder shall provide at least four maintenance visits per year at regular
interval for usual maintenance and supervision. If bidder fails to provide these maintenance visits at regular
interval, a proportionate deduction in the form of penalty on pro-rata basis will be recovered from the
bidder from the Bank Guarantee amount. In case the Bank Guarantee is not adequate, Institute shall have
right to recover the losses / penalty from other sources as well.
c) Bidder shall also attend all breakdown calls within 24 hours of the receipt of the information from institute
through fax/e-mail/mobile/sms etc.
d) During warranty period, bidder shall maintain and keep 95% uptime per year of the “Complete System”
as per calculation given below:-.
1 Year = 365 days
95% of 365 days = 347 Days per annum
e) The bidder shall compensate the uptime less than the specified above for every additional day of down
time over and above 18 days stipulated above, warranty period will get extended by one week as penalty
at no extra cost i.e. the extended penalty period will be equal to one week for every additional day of down
time.
f) During warranty period, bidder will make the “Complete System” in satisfactory working condition. In case,
any spare parts, accessories, PCB, consumables etc. needs replacement due to normal wear and tear,
bidder will supply and install the same for which no additional payment is to be made. If any spares /
accessories / consumables etc. are not replaced by the bidder during warranty period, bidder should
mention it clearly with name of the items with frequency of replacement and its rate with a validity to
cover warranty period.
g) In case, the bidder is not able to provide services (and the items / accessories is not functioning as the
reason thereof) due to natural calamity (act of God), Political unrest, Riot and fire at the user site, then in
such a situation the warranty period will be extended by the period for which the item / accessories could
not be operated because of supplier not been able to provide services.
h) During warranty period, in case of any alleged damage due to accident / human error, a committee under
the Chairmanship of Dy. Director, AIIMS Patna with one member from the bidder and one member from
the Institute will decide the authenticity of the claim. The decision of the committee shall be final and
binding on both the parties.
22. After Sales Services: -
a) After expiry of the warrantee/Guarantee period of the equipment, the Indian agent will have to undertake
the Comprehensive Annual Maintenance contract (with spare parts, accessories, consumables etc.) of the

Page 19 of 40
Complete System for the further life span of equipment. The life span of the equipment shall not be less
than ten years. In special circumstances the total life span of the Equipment/ items may be reduced by the
Institute.
b) The Complete System should include the basic unit and allied supporting components like UPS, Stabilizer,
Computer System, Printer, De-ionizer, Dehumidifier etc to be supplied by the bidder along with basic unit.
c) During Comprehensive Annual Maintenance Contract, bidder shall provide at least four maintenance visits
per year at regular interval for usual maintenance and supervision. If bidder fails to provide these
maintenance visits at regular interval per year, a proportionate deduction in the form of penalty at the rate
of 25% of contract amount per year will be deducted.
d) Bidder shall also attend all breakdown calls within 24 hours of the receipt of the information from institute
through fax/e-mail/mobile/sms etc.
e) During Comprehensive Annual Maintenance Contract, bidder shall maintain and keep 95% uptime per year
of the “Complete System” as per calculation given below:-.
1 Year = 365 days
95% of 365 days = 347 Days per annum
f) The bidder shall compensate the uptime less than the specified above for every additional day of down
time over and above 18 days stipulated above, warranty period will get extended by one week as penalty
at no extra cost i.e. the extended penalty period will be equal to one week for every additional day of down
time.
g) During Comprehensive Annual Maintenance Contract, bidder will make the “Complete System” in
satisfactory working condition. In case, any spare parts, accessories, PCB, all type of consumables etc.
needs replacement due to normal wear and tear; bidder will supply and install the same for which no
additional payment is to be made. .If any spares / consumables / accessories etc. are not covered under
Comprehensive Annual Maintenance Contract charges, it should be clearly mentioned with frequency of
replacement and with rate. The validity of rate of such items should also be mentioned clearly. What
will be the rate of escalation on the quoted rate after expiry of the validity of rate of such item must be
mentioned.
h) The payment of Comprehensive Annual Maintenance Contract will be made on half yearly basis after
submission of satisfactory functioning report of the Complete System by the officials authorized by the
Institute.
i) In case, the bidder is not able to provide services (and the items / accessories is not functioning as the
reason thereof) due to natural calamity (act of God), Political unrest, Riot and fire at the user site, then in
such a situation the Comprehensive Annual Maintenance Contract will be extended by the period for which
the item / accessories could not be operated because of supplier not been able to provide services.
j) During Comprehensive Annual Maintenance Contract, in case of any alleged damage due to accident /
human error, a committee under the Chairmanship of Director, AIIMS. – Patna with one member from the
bidder and one member from the Institute will decide the authenticity of the claim. The decision of the
committee shall be final and binding on both the parties.

Page 20 of 40
23. Performance Security
a) There will be a performance security deposit amounting to 10 % of the total value of the equipment including
taxes, which shall be submitted by the successful bidder within 10 days from the date of issuance of “Letter of
Intent”.
b) The contract duly signed and returned to the Institute shall be accompanied by a demand Draft or Bank
Guarantee in the prescribed format.
c) Upon receipt of such contract and the performance security, the Institute shall issue the Supply Orders
containing the terms and conditions for the execution of the order.
d) Failure of the successful bidder in providing performance security as mentioned above and / or in returning
contract copy duly signed in time shall make the bidder liable for forfeiture of its EMD.
e) The Performance security shall be denominated in Indian Rupees or in the currency of the contract as detailed
below.
f) It shall be in any one of the forms namely Account Payee Demand Draft or Bank Guarantee issued by a Scheduled
bank in India, in the prescribed form as provided in this document endorsed in favour of the Institute.
g) Institute will release the Performance Security without any interest to the successful bidder on completion
of the successful bidder’s all contractual obligations including the warranty obligations & after receipt of
certificates confirming that all the contractual obligations have been successfully complied with.
24. An undertaking of the principal regarding continuity of after sales and services (CAMC) @ the agreement rate
even in case of changes of Indian agent during the life span of the equipment must be enclosed in the technical
bid. Further, it will be the responsibility of the manufacturer Indian agent to get counter signature on the
agreement to be executed with them by the principal.
25. Delivery period: - Delivery period for supply of items would be six weeks from the effective date of contract.
Please note that Contract can be cancelled unilaterally by the Buyer in case items are not received within the
contracted delivery period. Extension of contracted delivery period will be at the sole discretion of the Buyer,
with applicability of LD clause.
26. Liquidated Damage: -
In the event of the Seller’s failure to submit the Bonds, Guarantees and Documents, supply the stores/goods are
conduct trails, installation of equipment, training, etc. as specified in this contract, the Buyer may at his discretion,
withhold any payment until the completion of the contract. The Buyer may also deduct from the Seller as agreed,
liquidated damages to the sum of 0.5% of the contract price of the delayed/undelivered, stores/services
mentioned above for every week of delay or part of a week, subject to the maximum value of the Liquidated
Damages being not higher that 10% of the value of delayed stores.
27. Payment: -
i) Payment shall be made subject to recoveries, if any, by way of liquidated damages or any other charges
as per terms and conditions of contract in the following manner.
Payment shall be made in Indian Rupees as specified in the contract in the following manner:
a) On delivery:-
i) 90% payment of the contract price shall be paid on receipt of goods in good condition and
upon the submission of the following documents:
ii) Four copies of supplier’s invoice showing contract number, goods description, quantity, unit
price and total amount;
iii) Consignee Receipt Certificate in original issued by the authorized representative of the
consignee;
iv) Two copies of packing list identifying contents of each package;
v) Inspection certificate issued by the nominated person/committee/agency, if any.
b) On Acceptance:-
Balance 10% payment would be made against ‘Final Acceptance Certificate’ of goods to be
issued by the consignee subject to recoveries, if any, either on account of non-rectification of
defects/deficiencies not attended by the Supplier or otherwise.
Or

Page 21 of 40
100% after acceptance of goods along with the documents quoted above.
c) Payment will be released within 30 days subject to fulfillment of conditions in clause (a) and (b)
above.
ii) Payment for imported goods For imported goods payment shall be made in the following
manner
(a) On Shipment:- 75% of payment of the contract price shall be paid 60 days after presentation
of shipping documents (goods shipped shall be paid through irrevocable, non-transferable
Letter of Credit (LC) opened in favour of the supplier in a bank in his country} and upon the
submission of the following documents:-
a. Four copies of suppliers invoice showing contract number, goods description,
quantity, unit price and total amount.
b. Original and four copies of the clean, on-board Bill of Lading/ Airway bill, marked
freight prepaid and four copies of non-negotiable Bill of Lading /Airway bill.
c. Insurance certificate
d. Certificate of Origin by the Chambers of Commerce of the concerned authority.
e. Certificate of Country of Origin.
f. Manufacture’s / Supplier’s warranty certificate
g. Manufacturer’s own factory inspection report. ;

b) On Acceptance – 25% payment would be made after satisfactory installation &


commissioning on issuance of Inspection Certificate by the AIIMS, Patna
(Note: The supplier shall not claim any interest or any other payment under the contract.)

28. Validity of Price:- Minimum up to one year from date of tender submission and it should be extendable.
29. Part Supply: No part supply/ wrong supply or short supply will be accepted by the Institute. The Director, AIIMS,
Patna will be the final authority and will have the right to reject full or any part of supply, which is contradictory
to the terms and conditions agreed at the time of placement of order. In case of rejection of any supplied items
due to nonconformity in quantity and/or quality, Institute will have right to charge liquidated damages, as it
deems fit.
30. Spares :- The spare parts as selected by the Purchaser to be purchased from the supplier, subject to the
condition that such purchase of the spare parts shall not relieve the supplier of any contractual obligation
including warranty obligations; In case the production of the spare parts is discontinued:
i) Sufficient advance notice to the Purchaser/Consignee before such discontinuation to provide
adequate time to the purchaser to purchase the required spare parts etc., and
ii) Immediately following such discontinuation, providing the Purchaser, free of cost, the designs,
drawings, layouts and specifications of the spare parts, as and if requested by the Purchaser.
iii)Supplier shall carry sufficient inventories to assure ex-stock supply of consumables and spares for the
goods so that the same are used during warranty and CMC period (minimum 8 years).
31. Incidental Services :- The supplier shall be required to perform following services:-
i) Installation & commissioning, Supervision and Demonstration of the goods.
ii) Providing required jigs and tools for assembly, minor civil works required for the completion of the
installation.
iii) Training of Purchaser’s Doctors, Staff, Operators etc. for operating and maintaining the goods.
iv) Supplying required number of operations and maintenance manual for the goods.
32. Packing & Marking:- Goods must be securely and adequately packed and protected in order to prevent damage,
otherwise all losses and /or damage resulting from inadequate packing and/or inadequate protection or
inadequate marking shall be borne by seller/seller’s Principal abroad. The supplier shall mark each package on
three sides with the following with indelible paint of proper quality:-
a) Contract number and date
b) Brief description of goods including quantity

Page 22 of 40
c) Country of origin of goods
d) Purchaser’s name and full address
e) Supplier’s name and full address
33. Supplier may have to provide required manpower for running the equipments at mutually agreed remuneration
(Which shall not be more than remuneration payable for the particular category of staff at AIIMS) at the sole
discretion of the Institute, till institute is able to arrange its own staff for the purpose.
34. Insurance: Insurance up to Patna will be borne / arranged by principal supplier/his Indian Agent.
35. Installation & site plan: Requirement regarding site/location for installation of equipment, if any, should be
mentioned in the tender. Time required for installation of system after delivery must be mentioned. In case of
delay in installation institute will have right to charge liquidated damage.
Specify the following points for installation of the System: -
a) Total power consumption along with breakup of main System and Accessories.
b) Whether the System needs uninterrupted power supply.
c) Maximum tolerated transfer time in case of interruption of power supply.
d) Whether the System needs any humidity control device.
e) Whether the System needs any separate power line/isolation Transformer.
f) Does the System need the electrical shielding?
g) Whether Air Conditioner is required for the System.
h) Does it require special civil works for installation?
36. The bidder should also quote for supply of “Un-Interrupted Power Supply” (UPS) with a battery back up of at least
30 minutes, “Constant Voltage Transformer (CVT)” of reputed manufacturer of required capacity along with Spike
Suppressor or “Servo Voltage Stabilizer” as per requirement of the System. Bidder may quote the prices for all
the above items (UPS/CVT/SERVO VOLTAGE STABILIZER) and the decision will be taken during technical
evaluation of the item whether UPS is suitable or CVT / Servo Voltage Stabilizer will serve the purpose (if required
for functioning of equipment).
37. Responsibility:-The principal as well as its agent will be severally and jointly responsible for ensuring the
minimum life span of 10 years for the equipment. Both the said principal abroad and his Indian agent will have
the full responsibility for the proper functioning of the equipment/instruments within the warrantee period and
thereafter during the life span of the equipment
38. The bidder is required to provide list of persons (along with their permanent and correspondence address) owing
more than 1% share ownership in the company/firm (both principle and Indian Agent).
39. The bidder is required to submit compliance sheet, which should reflect details of clause-by-clause compliance
of technical specifications as well as general terms & conditions failing which their offer shall be rejected.
40. In order to fully and optimally utilize the equipment, training to paramedical staff and Doctors should be
provided. In continuation to this training separate maintenance training for the machine and the sub system
should also be given to the Equipment Maintenance Engineer and Maintenance Technicians of the Institute. All
the financial commitment in this regard shall be met by the firm/Principal.
41. Governing language
The contract shall be written in English language. All correspondence and other documents pertaining to
the contract, which the parties exchange, shall also be written accordingly in that language.
42. Notices:-Notice, if any, relating to the contract given by one party to the other, shall be sent in writing or by
cable or telex or facsimile and confirmed in writing. The procedure will also provide the sender of the notice,
the proof of receipt of the notice by the receiver. The addresses of the parties for exchanging such notices
will be the addresses as incorporated in the contract.
The effective date of a notice shall be either the date when delivered to the recipient or the effective
date specifically mentioned in the notice, whichever is later.
43. Penalties for non-performance
The penalties to be imposed, at any stage, under this tender are;
a) imposition of liquidated damages,

Page 23 of 40
b) forfeiture of EMD/performance security,
c) termination of the contract,
d) Blacklisting/debarring of the bidder
44. Termination of Contract
a) Termination for default:- The Institute, without prejudice to any other contractual rights and remedies
available to it (the Institute), may, by written notice of default sent to the successful bidder, terminate
the contract in whole or in part, if the successful Bidder fails to deliver any or all of the goods or fails to
perform any other contractual obligation(s) within the time period specified in the contract, or within
any extension thereof granted by the Institute.
b) In the event of the Institute terminates the contract in whole or in part, the Institute may procure
goods and/or services similar to those cancelled, with such terms and conditions and in such manner as
it deems fit and the successful bidder shall be liable to the Institute for the extra expenditure, if any,
incurred by the Institute for arranging such procurement.
c) Unless otherwise instructed by the Institute, the successful bidder shall continue to perform the
contract to the extent not terminated.
d) Termination for insolvency: If the successful bidder becomes bankrupt or otherwise insolvent, the Institute
reserves the right to terminate the contract at any time, by serving written notice to the successful
bidder without any compensation, whatsoever, to the successful Bidder, subject to further condition
that such termination will not prejudice or affect the rights and remedies which have accrued and
or will accrue thereafter to the Institute.
e) Termination for convenience: - The Institute reserves the right to terminate the contract, in whole or
in part for its (Institute) convenience, by serving written notice on the successful bidder at any time
during the currency of the contract. The notice shall specify that the termination is for
the convenience of the Institute. The notice shall also indicate interalia, the extent to which the
successful bidder’s performance under the contract is terminated, and the date with effect from which
such termination will become effective.
45. Force Majeure:-
( i) Notwithstanding the provisions contained in GCC clauses 22, 23 and 24, the supplier shall not be liable
for imposition of any such sanction so long the delay and/or failure of the supplier in fulfilling its
obligations under the contract is the result of an event of Force Majeure.
(ii) For purposes of this clause, Force Majeure means an event beyond the control of the supplier and not
involving the supplier’s fault or negligence and which is not foreseeable and not brought about at the
instance of , the party claiming to be affected by such event and which has caused the non –
performance or delay in performance. Such events may include, but are not restricted to, wars or
revolutions, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions,
epidemics, quarantine restrictions, strikes excluding by its employees , lockouts excluding by its
management, and freight embargoes.
(iii) If a Force Majeure situation arises, the supplier shall promptly notify the Purchaser/Consignee in
writing of such conditions and the cause thereof within twenty one days of occurrence of such event.
Unless otherwise directed by the Purchaser/Consignee in writing, the supplier shall continue to
perform its obligations under the contract as far as reasonably practical, and shall seek all reasonable
alternative means for performance not prevented by the Force Majeure event.
(iv) If the performance in whole or in part or any obligation under this contract is prevented ordelayed
by any reason of Force Majeure for a period exceeding sixty days, either party may at its option
terminate the contract without any financial repercussion on either side.
(v) In case due to a Force Majeure event the Purchaser/Consignee is unable to fulfil its contractual
commitment and responsibility, the Purchaser/Consignee will notify the supplier accordingly and
subsequent actions taken on similar lines described in above sub-paragraphs.

46. Fall Clause: The prices charged for the equipment supplies under the contract by successful bidder shall in
no event exceed the lowest price at which the successful bidder sells the equipment’s of identical description to

Page 24 of 40
any other persons during the period of contract. If any time, during the contract, the bidder reduces the sales price
chargeable under the contract, he shall forth with notify such reduction to the Institute and the price payable
under the contract of the equipment’s supplied after the date of coming into force of such reduction or sale shall
stand correspondingly reduced.
47. Resolution of disputes :-
a) If dispute or difference of any kind shall arise between the Purchaser/Consignee and the supplier in
connection with or relating to the contract, the parties shall make every effort to resolve the same
amicably by mutual consultations.
b) If the parties fail to resolve their dispute or difference by such mutual consultation within twenty- one
days of its occurrence then, either the Purchaser/Consignee or the supplier may give notice to the other
party of its intention to commence arbitration.

48. Applicable Law & Jurisdiction of Courts


a) The contract shall be governed by and interpreted in accordance with the laws of India for the time being in force.
b) All disputes arising out of this tender will be subject to the jurisdiction of
courts of law in Patna (Bihar, India).

(Faculty-in-charge)
Procurement Cell
AIIMS Patna

Page 25 of 40
SCHEDULE OF REQUIREMENTS

Sl No Name of the Name of the equipment Qty. EMD Warranty CAMC


Department required required
1. Department of Supply & Installation of Plastic 3 8000/= 5 year 5 year
Anatomy Moulded Rectangular Tank
(as per technical specification)

Page 26 of 40
ANNEXURE – “I (a)”

PRICE SCHEDULED FOR DOMESTIC GOODS OR GOODS OF FOREIGN ORIGIN LOCATED WITHIN INDIA.

1 2 3 4 5 6
Price per unit (Rs.)
Sl. No. as Brief description of Country of Qty. Ex- factory GST Other Packin Inland Incidental services Unit price ( at Total unit price (
per goods origin nos. /ex- [IGST OR Taxes g and transportation , (including consignee site At Consignee
schedule of warehouse CGST & (if any % forwar insurance for a installation & basis(G) Site)
Requireme Make: /ex- SGST] and ding period including 3 commissioning,
nts Model: showroom/o (if any % value). charge months delivery, supervision
ff-the shelf and value) loading/ unloading demonstration and
and incidental cost training)
till consignee site. at consignee site. G = A+B+ Basis Col. No. 4
(A) (B) (C ) (D) (E) C+D+E+F X Col. No. 5(G)
(F)

Total quoted price in Rs. ………………………………………………………………….


In Words: ………………………………………………………………………………

Note:
1. If there is a discrepancy between the unit price and total price THE UNIT PRICE shall prevail.
2. The charges for Annual CMC after warrantee shall be quoted separately as per price scheduled.

Place:- Name:
Date:- Business Address;-
Signature of Bidder;-
Seal of the Bidder;-

Page 27 of 40
ANNEXURE - “I (b)”

PRICE SCHEDULED FOR GOODS TO BE IMPORTED FROM ABROAD

1 2 3 4 5 6
Price per unit ( CURRENCY)
Sl. No. as Brief description of goods Country Qty. FOB Carriage & Custom Customs Incidental Extended Unit Price on Total Price
per of origin nos. price at Insurance Duty Clearance Services Insurance (Local CIP Named on CIP
schedule of Make: port/ (port of amount & Handling (Including transportation port of Named Port of
Requireme
Airport of loading to port with CDEC Cost (if Installation and storage) from Destination + Destination +
nts
lading of entry) and & NMIC (if any) &Commissioni port of entry to Extended Insurance (
Model: other applicable) ng, supervision the consignee site Insurance Local
incidental cost Demonstration for a period (Local Transportatio
& Training) at including 3 Transportatio n and storage)
consignee’s month beyond n and storage)
site. date of delivery.
(B) (C ) (E) (F)
(A) (D) (G) 4 X 5(G)

To be paid in Indian Currency (Rs): ………….…………………………………………………..


Total Tender Price in Foreign Currency: …………………………………………………………
In Words;-…………………………………………….…………………………………………

Note:-
1. If there is a discrepancy between the unit price and total price THE UNIT PRICE shall prevail.
2. The charges for Annual CMC after warrantee shall be quoted separately as per price scheduled.
3. The Bidder will be fully responsible for the safe arrival of the goods at the named port of entry in goods condition as per terms of CIP as per INCOTERMS, if
applicable

Indian Agent;- Indian agency commission: % of FOB Name:-


Place: - Signature of Bidder:-
Date: - Business address:-
Signature of Bidder:-
Seal of the Bidder:-
Page 28 of 40
ANNEXURE – “II”

COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT PRICES SCHEDULE

Total
Comprehensive
Annual
Maintenance
Contract over a
S. period of five years
Item Description 1st Yr. 2nd Yr. 3rd Yr. 4th Yr. 5th Yr.
No. after expiry of
warranty period of
five years from the
date of successful
installation.
(J = C+D+E+F+G)
A B C D E F G J
1. Name of the Equipment:
Make:
Model:
Qty.:
2. Name of the Equipment:
Make:
Model:
Qty.:

Scope of Contract (details as mentioned in the Clause No. – 24 of “General instruction to Bidders’’(GIT) &
Clauses No.: 9, 10,11,12,13 and 22 of “ General Condition of Contract’’ (GCC):

a) The rate of Comprehensive Annual Maintenance Contract as mentioned above should cover the Complete System.
Complete System should include the basic unit and allied supporting components like UPS, Stabilizer, Computer
System, Printer, De-ionizer, Dehumidifier etc to be supplied by the bidder along with basic unit.
b) Preventive maintenance visit: Four Maintenance visits at regular interval for usual maintenance &
supervision failing which 25% of the contract amount per visit would be deducted as penalty.
c) Break down maintenance visit: As & when required
d) Response Time: within 24 Hours
e) Uptime Guarantee: 95% of 365 days
f) The above-mentioned charges should include labour charges for maintenance and breakdown visits per year,
spares, accessories and all type of consumables required for the maintenance of the supplied items. If any spares
/ consumables / accessories etc. are not covered under above-mentioned charges; it should be clearly mentioned
with frequency of replacement and with rate. The validity of rate of such items should also be mentioned clearly.
What will be the rate of escalation on the quoted rate after expiry of the validity of rate of such item must be
mentioned.
g) Payment of Comprehensive Annual Maintenance Contract would be made on half yearly basis after completion of
work and satisfactory working report. In no case, advance payment is to be considered.

Seal and Signature of the bidder

Page 29 of 40
ANNEXURE – “III”

MANUFACTURER’S AUTHORISATION FORM


(To be submitted by authorized dealers/representatives/importers)

No. Dated:

To
Faculty-in-charge
Procurement Cell
All India Institute of Medical Sciences,
Patna – 801507 (Bihar, India)

Dear Sir,

Tender No :
Equipment Name :

1. We …………………………………… (name of the OEM) are the original manufacturers


of the above equipment having registered office at ……………..………….. (full address with telephone
number/fax number & email ID and website), having factories at ______________ and ______________
, do hereby authorize M/s.______________________________________(Name and address of bidder) to submit
tenders, and subsequently negotiate and sign the contract with you against the above tender no.
2. No company or firm or individual other than M/s.__________________________________________ are
authorized to bid, negotiate and conclude the contract in regard to this business against this specific
tender.
3. We also hereby undertake to provide full guarantee/warrantee /Comprehensive Annual Maintenance Contract as agreed
by the bidder in the event the bidder is changed as the dealers or the bidder fails to provide satisfactory after sales and
service during such period of Comprehensive Warranty / Comprehensive Annual Maintenance Contract and to supply
all the spares/ accessories / consumables etc. during the said period.
4. We also hereby declare that we have the capacity to manufacture and supply, install and
commission the quantity of the equipments tendered within the stipulated time.

(Name)
For and on behalf of M/s.____________

Date: (Name of manufacturers)

Place:

Note: This letter of authority should be on the letterhead of the manufacturing concern and
should be signed by a person competent and having the power of attorney to bind the
manufacturer.

Page 30 of 40
ANNEXURE – “IV”

BANK GUARANTEE FORM

(To be executed by any scheduled bank, on a non-judicial stamp paper under bank's covering letter
mentioning address of the bank)

To,
All India Institute of Medical Sciences, Patna
Patna - 801507

In consideration of All India Institute of Medical Sciences, Patna [hereinafter referred to as AIIMS',
which expression unless repugnant to the context and meaning thereof shall include its successors and
assigns] having agreed to exempt M/s__________________________________________________
[hereinafter referred to as 'supplier /contractor' which expression unless repugnant to the context and
meaning thereof shall include its successors and assigns] from depositing with AIIMS a sum of
Rs._____________ (Rupees _______________________) towards security / performance guarantee in lieu
of the said contractor having agreed to furnish a bank guarantee for the said sum of Rs.
___________________ (Rupees ________________________) as required under the terms and
conditions of contract / work order no dated ________________ [ hereinafter referred as the
order'] placed by AIIMS on the said supplier /contractor. We,______________ the bank [hereinafter
referred to as 'the bank' which expression shall include its successors and assigns] do hereby undertake to
pay AIIMS an amount not exceeding Rs. ____________ (Rupees ___________________________) on the
demand made by AIIMS on us due to a breach committed by the said supplier /contractor of the terms
and conditions of the contract /order.

1. We_____________________ the bank hereby undertake to pay the amount under the guarantee
without any demur merely on a demand from AIIMS stating that there is a breach by the supplier /
contractor of any of the terms and conditions contained in the order or by the reasons of the supplier's
/ contractor's failure to comply with the terms and conditions as stipulated in the order or
amendment(s) thereto. The demand made on the bank shall be conclusive as to the breach of the terms
and conditions of the order and as regard to the amount due and payable by the bank under this
guarantee, notwithstanding any dispute or disputes raised by the said supplier / contractor regarding
the validity of such breach and we agree to pay the amount so demanded by AIIMS without any demur.
However, our liability under this guarantee shall be restricted to an amount not exceeding
Rs._________________________ (Rupees _______________________).

2. We, the bank further agree that the guarantee herein contained shall remain in full force and
effect during the period that would be taken for the performance of the said order and that it shall
continue to be enforceable till the dues of AIIMS under or by virtue of the said order have been fully
paid and its claim satisfied or discharged or till AIIMS certifies that the terms and conditions of the order
have been fully and properly carried out by the supplier / contractor and accordingly discharge the
guarantee.

3. We the bank, undertake to pay to AIIMS any money so demanded notwithstanding any dispute
or disputes raised by the said supplier /contractor in any suit or proceedings pending before any court or
tribunal relating thereto as our liability under this present being absolute and unequivocal. The payment

Page 31 of 40
so made by us under this bond shall be valid discharge of our liability for payment there under and the said
supplier / contractor shall have no claim against us for making such payment.

4. We ________________ the bank further agree that AIIMS shall have full liberty, without our consent
and without affecting in any manner our obligation hereunder to vary any of the terms and conditions of
the order / contract or to extend time of performance by the said supplier / contractor from time to time
or to postpone for any time or from time to time any of the powers exercisable by the AIIMS against the
said supplier / contractor and to forbear or enforce any of the terms and conditions relating to the order
and shall not be relieved from our liability by reason of any such variation or extension being granted to
the said supplier / contractor or for any forbearance, act or omission on the part of AIIMS or any indulgence
by AIIMS to the supplier / contractor or by any such matter or thing whatsoever which under the law
relating to sureties would but for this provisions have effect of so relieving us.

5. Our liability under this guarantee is restricted to Rs. ________________ (Rupees _________________)
and shall remain in force up to ___________ unless demand or claim under this guarantee is made on us
in writing within 6 months from the date of expiry viz. ________. We shall be discharged from all liabilities
under this guarantee thereafter.

6. This guarantee will not discharge due to change in the constitution in the bank or the said supplier /
contractor.

7. The bank hereby agrees to address all the future correspondence in regard to this bank guarantee to
The Administrative Officer, All India Institute of Medical Sciences, Patna.

8. We, _____________ the bank lastly undertake not to revoke this guarantee during its currency except
with the previous consent of the AIIMS in writing.

Signed on the _________________ day of _______________

Signature
For the Bank

Witness: Name(s) & Designation(s)

Name & Address

Page 32 of 40
ANNEXURE – “V”

POWER OF ATTORNEY
(On a Stamp Paper of relevant value)

I/ We………………………………………………….(name and address of the registered office) do hereby constitute, appoint and
authorize Sri/Smt …………………….………………..… (Name and address) who is presently employed with us and holding the
position of ……………………………………………. as our attorney, to act and sign on my/our behalf to participate in the tender
no…………………………………… for …………………………………… (Equipment name).

I/ We hereby also undertake that I/we will be responsible for all action of
Sri/Smt.……………………………………….. undertaken by him/her during the tender process and thereafter on award of the
contract. His / her signature is attested below

Dated this the ___day of 201_ For__________________

(Name, Designation and Address)

Accepted

_________________________
(Signature)

(Name, Title and Address of the Attorney)

Date: __________

Page 33 of 40
ANNEXURE – “VI”

Format of Experience certificate


Contract Name of the Description of Qty Value of Date of Stipulated Actual date
No./Supply Purchaser* work Supplied Contract issue of period of of
order No. (Rs. In work order completion completion
Lakhs)

* Attach certificate(s) of payments.

Page 34 of 40
ANNEXURE – “VII”

AFFIDAVIT
(On Non-Judicial Stamp paper of Rs. 100)

I, ____________________________________Son / Daughter / Wife of


Shri_____________________ resident of _________________________Proprietor/Director authorized
signatory of the agency/Firm (M/s__________), do hereby solemnly affirm and declare as follows:

1. I am authorised signatory of the agency/firm and is competent to sign this affidavit and execute
this tender document;

2. I have carefully read and understood entire tender document including all the terms and conditions
of the tender and undertake to abide by them;

3. The information / documents furnished along with the above application are true and authentic to
the best of my knowledge and belief. I / we, am / are well aware of the fact that furnishing of any false
information / fabricated document would lead to rejection of my tender at any stage besides liabilities
towards prosecution under appropriate law.
4. I/We further undertake that no case/enquiry/investigation is pending with the
police/court/vigilance or any government body against the Proprietor/Partner/Director etc. as individual
or against legal entity of the Company /Firm/Agency.

5. I/We further undertake that none of the Proprietor/Partners/Directors of the Agency/agency


was or is Proprietor or Partner or Director of the Agency with whom the Government have banned
/suspended/blacklisted business dealings. I/We further undertake to report to the Faculty-in-Charge
Procurement Cell, AIIMS, Patna immediately after we are informed but in any case not later 15 days, if any
Agency in which Proprietor/Partners/Directors are Proprietor or Partner or Director of such an Agency
which is banned/suspended in future during the currency of the Contract with you.

6. I/We further undertake that our firm/company is fulfilling all the terms and conditions/eligibility
criteria obvious/explicit or implied/implicit recorded anywhere in the tender document. If at any time
including the currency of the Contract, any discrepancy is found relating to our eligibility or the process of
award of the contract criteria, this may lead to termination of contract and/or any other action deemed fit
by the Institute.

(Signature of the Bidder)


Date: Name:
Place: Designation
Seal of the Agency Address:

I/We do hereby solemnly declare and affirm that the above declaration is true and correct to the
best of my knowledge and belief. No part of it is false and noting has been concealed therein.

Deponent

Page 35 of 40
ANNEXURE – “VIII”
Agreement for Comprehensive Maintenance Contract
(On Non-Judicial Stamp paper of Rs. 100)

1 This agreement regarding the maintenance of_____________________________________ made this day


______________________ by and between All India Institute of Medical Sciences Patna represented by Director
(Hospital/user) (Herein after referred to as the First Party) and
_______________________________________________ (hereinafter referred to as the "second Party") which
expression shall unless specifically excluded by or repugnant to the context include their Heirs, Executors,
Administrator, Legal Representatives and Assignees.
2 The Agreement
2.1 This Agreement concerns the maintenance contract of __________________________________, equipment
on turnkey basis to be supplied by the Second Party according to Supply order(S) No.
_______________________________________ Dt. ______________. Further, the equipment is to be
installed by the Second Party at the designed premises of the first party according to the schedule agreed
upon.
2.2 The Second Party has submitted a Performance Bond / Bank Guarantee (PBG) for 10% of the value of the
equipment amounting to Rs. ________________ towards the execution of the Agreement and the warranty
valid till the expiry of the warranty period of 60 months, or extended period of warranty of____months as the
case may be. The PBG should however be valid for At-least_____ months
2.3 On expiry of the warranty period, the PBG will be returned by the First Party to the Second Party after the
later, second party has submitted a fresh Bank Guarantee for Rs. _________valid till expiry of the period of
the service contract. The fresh Bank Guarantee to cover the service contract shall be submitted at least one
month before expiry of the previous Bank Guarantee and shall be 10% of CAMC contract amount of the
equipment referred to above. If any complaint is received which is not addressed by the firm within defined
time, the PBG amount of 10% of CAMC value will be forfeited during the warranty of CAMC Period
3. Maintenance of the Equipment during Service Contract period: -
3.1 It shall be the responsibility of the Second Party to keep the equipment including its accessories, covered under
this agreement in good working condition during the entire service contract period of five years, which will start
with the expiry of the warranty / guarantee period of the equipment. During the service contract period, the
equipment, including accessories, will be maintained in good working condition for a period of 347 days out of a
period of 365 days (i.e. 95% uptime). If the machine is out of order more than 5 hours during the period 8.00 AM to
5.00 Pm on any day, it shall be considered as one day down time. The essential period to shut down the installation
entirely or partially shall also be included the down time if it exceeds 2 days while calculation the 95% guaranteed
uptime. No deduction or advantage of any kind on account of Sundays, half days on Saturdays, Public/Govt. Holidays
observed by the institute shall be allowed from the total down time permissible as defined above. The equipment
will thus be required to be maintained in satisfactory working condition for the minimum 347 days in each period of
365 days which defined the 95% guaranteed uptime required to be maintained in each such period of 365 days.
3.2 However, 5 days’ time will be allowed to procure the spares, in case the same has to be imported and this period
of 5 days will not be counted as down time.
3.3 The Second Party will furnish a Bank Guarantee as stipulated.
4. Spares
4.1 Spares Parts during Guarantee / Warranty period:
All spares parts required during the CMC period of the equipment for the satisfactory maintenance, the second Party
as its cost, expenses and care shall provide running and upkeep of the equipment. All such defective parts /
components replaced by Second Party during the guarantee period and Comprehensive Maintenance Contract
period shall be property of the Second Party
5 Service Charges and Payment during Contract Period:
5.1 The maintenance service charges will become effective automatically after the expiry of the guarantee period or
extended warranty period as stipulated in Para 8.11 of the Agreement from the date of Satisfactory installation and
commissioning and handing over of the complete equipment including all accessories.
5.2 The Comprehensive Maintenance Contract Service charges payable during the service contract period by the
First Party to Second Party shall be under:
Rate of 1st Year = _________________
Rate of 2nd Year = _________________

Page 36 of 40
Rate of 3rd Year = _________________
Rate of 4th Year = _________________
Rate of 5th Year = _________________
Note: The CMC charges shall be payable in Indian Rupees Only.
5.3 In case CMC, these charges include the cost of replacement parts / Components/ Spares / Accessories etc. which
shall be borne by the Second Party
5.4 The payment of the Service Contract will be released to the firm in four equal instalments after verification of all
service reports. The payment will be made after the expiry of each quarter.
5.5 The firm will arrange 4 regular visits (One every Three Months) every year for keeping the equipment in good
working condition during the period of Service Contract. In addition to it, the firm will be responsible for attending
to all emergency break down calls as and when required by the concerned department during the year.
5.6 No price revision will be accepted by the First Party during the tenure of the agreement.
6 Force Majeure:
Any failure of omission or commission to carry out the provisions of this contract by the supplier shall not give rise
to any claim by any party, one against the other, if such failure of omission or commission arises from an act of God,
which shall include all acts of natural calamities such as fire, flood, earthquake, hurricane, or any pestilence or from
civil strikes, compliance with any status and /or regulations of the Government, lockouts and strikes, riots,
embargoes or from any political or other reasons beyond the supplier's control including war (whether declared or
not), civil war or state of war of insurrection, provided that notice of the occurrence of any event by either party to
the other shall be given within two weeks from the date of occurrence of such an event which could be attributed
to Force Majeure conditions.
7 Arbitration:
7.1 if at any time, any question, despite or difference whatever shall arise between the two parties upon on in
relation to or in connection with this Agreement, either of the parties may give to the other notice writing of the
existence of such a question, despite or difference and the same shall be referred to two Arbitrators one to be
nominated by the First Party and the other to be nominated by the second party/Third Party. Such a notice of the
existence of any question, dispute of difference in connection with the Agreement shall be served by either party
within one year of the beginning of such dispute failing which all rights and claims under this agreement shall be
deemed to have been forfeited and absolutely barred. Before providing with reference, the Arbitrators shall
appoint/nominate as Umpire. In the event of the Arbitrators not agreeing in their award, the Umpire appointed by
them shall enter upon the reference and his award shall be binding on the parties. The venue of the arbitration shall
be at Patna (India). The Arbitrators/Umpire shall give a reasoned award.
7.2 The provision of the India Arbitration Act in force and of rules framed there under and any statutory modification
thereof shall be deemed to apply and be incorporated in this agreement.
7.3 Upon every or any such reference, the cost of any incidentals to the reference and award (s) respectively shall
be at the discretion of the Arbitrators or in the event of their no agreeing, of the Umpire appointed by them who
may determine the amount thereof or direct the same to be fixed as between solicitors and client or as between
parties and shall direct by whom and in what manner the same shall direct by whom and in what manner the same
shall be borne and paid.
8. JURISDICTION:
The courts at Patna alone will have the jurisdiction to try any matter, dispute or reference between the parties
arising out of this agreement/ contract. It is specifically agreed that no court outside and other than Patna court shall
have jurisdiction in the matter
By the said (Second Party) by the said (First Party)
For _____________________________ for AIIMS PATNA.
Signature Signature
Name Name
Designation Designation
In the Presence of (Witness

Signature Signature
Name: Name :
Address : Address:

ANNEXURE – “IX”

Page 37 of 40
CERTIFICATE OF PRICE JUSTIFICATION
[To be given on letter head]

Tender No.:

I/We, M/s. _________________________________________________________ certify that the rates provided are


our best rates and we have not given these materials to any Government Department/PSU/Institution for lesser
than these rates in last one year.

SIGNATURE AND STAMP OF THE BIDDER

Page 38 of 40
ANNEXURE – “X”

DECLARATION FORM
[To be given on letter head]

Tender No.:

I/We, M/s. _________________________________________________________ certify that the two supply orders


(without hiding any portion like Rate, Model etc.) of the same models quoted from an INI, Medical College Hospital,
Govt. Hospitals, reputed Private Hospitals has been given in the Financial Bid.

SIGNATURE AND STAMP OF THE BIDDER

Page 39 of 40
ANNEXURE – “XI”

SPECIFICATIONS OF EQUIPMENTS MENTIONED IN SCHEDULE OF REQUIREMENTS

Page 40 of 40

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