RFP - MSP MP State Health
RFP - MSP MP State Health
FOR
RFP No. T-471/MPPHSCL/RFP for Selection of MSP for Madhya Pradesh State Health System/2023
Dated: 28-07-2023
Issued by:
Madhya Pradesh Public Health Services Corporation Limited (MPPHSCL) on behalf
Of Directorate of Health Services (DHS),
Government of Madhya Pradesh
RFP No. T-471/MPPHSCL/ RFP for Selection of MSP for Madhya Pradesh State Health System/2023 Dated: 28-07-2023
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Disclaimer
The information contained in this Tender Document has been prepared solely
for the purpose of providing information to the interested bidders and is not in
any way binding on MPPHSCL. By accessing this Tender Document,
prospective bidders agree that MPPHSCL will not be liable for any direct or
indirect loss arising from the use of the information and the material contained
in this Tender Document. This tender document is only for calling tenders from
interested Bidders. By this Tender invitation, MPPHSCL does not assure that
contract(s) shall be finalized for Selection of MSP for Madhya Pradesh State
Health System Bidders’ access to it does not imply a license to produce and/or
distribute this information and they are not allowed to any such act without the
prior approval of MPPHSCL.
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Table of Contents
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33 Technical Proposal 56
34 Financial Proposal 57
35 Terms & Conditions of Bidders 57
36 Deviations in Terms and Conditions of RFP 57
37 Right to Publish 57
38 Due diligence by Bidders 57
39 Clarifications from Bidders 58
40 Collusive Proposal 58
41 Fraudulent and Corrupt Practices 58
42 Conflict of Interest 59
43 Confidentiality 59
44 Taxes & Duties 60
45 10. Pre-Qualification Criteria 61
46 11. Technical Evaluation Criteria 64
47 12. Evaluation of Bids/ Proposals 68
48 13. Award of Contract 72
49 14. General Terms and Conditions 76
50 15. Special Terms and Conditions 82
51 16. Timelines and payment Schedule 89
52 17. Service Level Agreement 96
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RFP No. T-471/MPPHSCL/ RFP for Selection of MSP for Madhya Pradesh State
Health System/2023 Dated: 28-07-2023
Sl. No. Service Name EMD (INR) Tender processing Fee (INR)
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2. SCHEDULE OF RFP
Note:
1) In case bidder want to submit EMD in BG form, then Exemption to be opted on
online portal & scanned copy of BG to be submitted online as exemption document
and hard copy to be submitted in Office of Madhya Pradesh Public Health Services
Corporation, MPPHSCL before Bid Submission End Date
2) The procuring entity reserves the complete right to cancel the bid process and reject any or
all of the bids.
3) No contractual obligation whatsoever shall arise from the bidding document/bidding
process unless and until a formal contract is signed and executed between the Authority,
the Civil Surgeon (CS) of respective District Hospital (DH) and the successful bidder.
4) Procurement entity disclaims any factual/ or other errors in the bidding document (the
onus is purely on the individual bidders to verify such information) and the information
provided therein are only intended to help the bidders to prepare a logical bid-proposal.
5) The original EMD (Bid Security) shall be submitted by the Bidder online through
www.mptenders.gov.in website latest by the date and time mentioned in the schedule for
RFP.
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6) EMD will be forfeited if the successful bidder does not deposit the required performance
guarantee within the stipulated period or is not willing to accept the contract after the
notification of award, and other actions as per Tender conditions.
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INTRODUCTION
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2. Introduction
Madhya Pradesh Public Health Services Corporation Limited is a Public Company incorporated on 06 March
2014. It is classified as State Government Company and is registered at Registrar of Companies, Gwalior. Its
authorized share capital is Rs. 200,000,000 and its paid-up capital is Rs.100,000,000. It is involved in Human
health activities One of the key objectives of the MPPHSCL is to act as the central procurement agency for all
essential drugs and equipment for all public healthcare institutions under the department.
The company is procuring drugs worth more than Rs 400 crores & above 250 different types of medical
equipment and also provides services needed for health sector. The corporation has also been entrusted with
the setting up and running of all kinds of modem Medical and Paramedical or medical based ancillary facilities
such as hospitals, pathological labs, diagnostic centers, xray/scanning facilities.
The government of Madhya Pradesh formulated MPPHSCL to provide best in class healthcare infrastructure
services to over 1300 healthcare institutions under the department of Health & Family Welfare, Madhya
Pradesh State.
The State of Madhya Pradesh follows the principle of 'The First Wealth is Health' as the health and welfare of
the citizen is of prime importance to the State. Over the years, the State has introduced various health programs
and policies to improve standard of life of its' citizens. This has improved life expectancy at birth and
contributed towards steady improvements in other health indicators as well. The availability of doctors, nurses
and other paramedical staff has been on an increase resulting in an exponential increase in utilization numbers
(OPD, IPD etc) of health facilities.
The COVID-19 pandemic has changed the entire landscape within which healthcare services are delivered.
Many of the barriers to digital have been swept away leading to the rapid adoption of digital solutions and
transforming ways of working and delivering services. This recent surge in digital transformation has revealed
many benefits for patients, healthcare professionals,Government, and citizens alike. Digital technologies have
tremendous potential not only to improve access to healthcare but also to strengthen continuum of care by
integrating all three layers-primary, secondary, and tertiary while providing actionable insights leveraging data
and advanced analytics.
The State aims to harness the power of digitization in order to improve the delivery of healthcare services by
strengthening the digital health ecosystem, forging partnerships with technology firms and facilitate an enabling
environment while ensuring that it is transforming from a government/system centric view to a
citizen/beneficiary centric approach.
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Objective 1 - Automation of basic medical screening services and community health initiatives
• Digitization of Medical Officers functions (through development of applications or integration with
existing application).
• Telemedicine services through lower levels of care, Frontline Workers and accessible to population
directly though Mobile Apps.
• Connected medical devices at all levels of care for automated/ minimalistic assisted screening and
diagnostic services and preventive care.
• Single point of connect for population available 24/7 for all their healthcare needs.
• Primary medical Consultation.
• Information on availability of services across State health system (doctor's appointment, bed
availability, diagnostic appointments, sample collection, report availability, etc.).
• Telemedicine services for the population.
Objective 3 - Seamless Referrals and Transfers through all the levels of care
• All the levels of care unified/ integrated to enable the flow of data and processes through all levels of
care from Front Line Workers to district hospital and beyond.
• Anonymized, health and demographic data flowing seamlessly through all levels of care via consent-
based system
• Continuum of care through seamless referral (based on availability of care) upwards and downwards
across level of care.
• Enable continuum of care by giving population ability to connect to the consultants at all levels of
care for follow-up services without having to travel to distant cities and hospitals.
Objective 4 - Paperless system enabling patient to move to any institution without carrying anything
• Implementation of the proposed solutions should enable standardization of workflows, processes and
patient experience across healthcare delivery system.
• Use of clinical decision support system or care protocols through proposed system should help
standardize clinical care, reduce errors etc.
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Objective 7 - Performance management across institutions, Human resource, Devices and clinical
outcomes
Objective 9 - Data Availability at all levels for transparent and effective decision making and governance
• Information directly available to population on a real-time basis about availability of Doctor, Bed,
diagnostic services etc.
• Availability of real time information with the administration and government agencies for planning
and policy making
• Data analytics at Control and Command Centre
Healthcare in Madhya Pradesh is being rendered through various types of health facilities, namely
(in a sequential order of level of care) the District Hospitals (DHs), Sub-Divisional Hospitals (SDHs),
Community Health Centers (CHCs), Referral Hospitals (RHs), Primary Health Centres (PHCs),
Additional Primary Health Centres (APHCs), Health Sub Centres (HSCs), Health and Wellness Centres (HWCs)
etc. The healthcare facilities offer Allopathy as well as Ayurveda, Yoga, and Unani, as systems of medicinal
therapies to the citizens of Madhya Pradesh, with specialized centres for each.
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Scope of Work
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3. Scope of Work
This section summarizes the overall scope of work that needs to be executed by the selected Managed
Service Provider (MSP). Scope of work mentioned in this section is indicative scope and MSP will be
responsible for achieving the objectives and outcomes mentioned in section 2
It is envisioned to have an integrated digital solution for all the healthcare facilities and functions
including Medical colleges of the State of Madhya Pradesh. The proposed solution should have
applications which are required to be developed, customized, implemented and integrated, MSP is
expected not to limit scope to below mentioned applications only. Bidder may offer to implement
additional applications (if required) to achieve proposed outcomes.
The entire Scope of Work under the RFP includes roll-out and adoption of Ayushman Bharat Digital
Mission and Design, development, testing, operation and maintenance of below mentioned application but
not limited to:
1. Hospital Information Management System (HMIS)
2. Citizen/Web Portal
3. Separate Smart Mobile App for Citizen and for the staff
4. Electronic Health Record (EHR)
5. Integrations with existing State applications
6. Performance Management and Rating system
7. Command and Control Centre (CCC)
8. Centralized IT Helpdesk / Incident Management
The key objective is to take the learning’s from the previous Health ICT projects and fill the gaps with the
advanced ICT applications and ramp-up the ICT solution that can helped in better health systems, planning,
development and support throughout the State.
HMIS core application caters to below functional modules to achieve the key objective of maintaining the health
data across multiple public health facilities in the state:
The above list is indicative and not exhaustive. The MSP will propose the modules and functionalities to meeting
the State health systems requirements.
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Registration Management
The patient registration module is an integral part of the HMIS system, which captures complete and vital patient
information. Information stored within the system is available on a permissions basis to all modules and
authorized personnel. The patient registration module provides an enterprise search feature for operational staff
that helps them to search patient encounters by patient name and ID, location, admission date and time and
appointment scheduling.
We need a robust Outpatient & Inpatient patient registration function to have better and efficient
Appointment Management
Appointment and queue management scheduling is the module which facilitates the effective scheduling of
patient's appointments with doctors. It let the nurses and doctors have real time view of all the available time
slots in order to allocate the appointments accordingly. This module certainly prevents the system from creating
appointment in case of doctor absence, leave or his busy schedule in OT. Appointments are managed on the
basis of date, time, department, doctor or different types of patient visits.
Main Features of Appointment module: -
Hospital calendar set up in order to capture day care timings, non-working days etc.
Multiple services scheduling.
Time slots and availability of consulting doctors on the basis of per day and time combinations.
Search option for consulting doctors according to the required service.
Appointment booking of consulting doctors on internet and walk in etc.
Multiple Slots booking for patients.
Multiple appointments on per slot basis.
Appointment re-scheduling and cancellation.
Quick reminders through SMS and e-mail etc.
Accurate consultation appointment on basis of availability.
Appointment assignment to patient for special attention.
Alerts in case of erroneous appointments.
Record keeping for medico legal case.
Assignment of maximum visits to consultant.
Billing Module
Most of the services are free for the population but this module should automate billing in all the services
where some kind of fee would be charged. The hospital billing system automates the whole billing process
and makes it easy with all the backend calculations for co-pay and deductibles, to bring transparency and
accountability for users and management both. The hospital billing and insurance/ PM-JAY module are
streamlined, and the billing works on a set of pre-set business rules customized that can be configured to meet
the requirements of PM JAY.
Flexible invoice management screen
Separate OP and IP billing queue screens
Multiple plans or categories can be created for one or many patients
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Easy inclusion and exclusion of services/pharmacy from the plan in the category
Tracking ability on the services utilized under a package with suitable prompts or as a user defined
discounted rates for each service.
Validity period for each plan/category
User defined price list creation and management in the hospital billing software
OPD Management
This module is integrated as a core module in a HMIS represents patient's data that can be used to provide better
care and diagnosis. It contains all encounters of patients with various departments in a hospital ranging from
pathology, radiology and clinical information systems that have been combined and structured in a digital form.
The system is designed to capture and represent data that accurately captures the State of the patient at all times.
IPD Management
The ADT system is the central control of all room allocations. The ADT system displays the status of all the
beds of all wards in the hospital.
Features of In-patient Admission discharge transfer module-
This module also involves the constant monitoring of hospital admissions, discharges and patient flow within
a hospital so that accurate data is gathered to identify the availability of beds across wards. This enables bed
managers to move and place patients to wards that best suit their needs. Effective Bed management is critical
to enabling the successful flow of patients through a healthcare facility. Bed management module involves the
medical care, physical resources, and internal systems needed to get patients from the point of admission to the
point of discharge while maintaining quality and patient and provider satisfaction. It allows real-time view of
bed occupation and monitoring of a ward on a regular basis.
Radiology Information System
Radiology information system (RIS) is a networked module for managing medical imagery and associated
patient data. RIS is especially useful for tracking radiology imaging orders and billing information, and is
often used in, also all the digital equipment can be easily interfaced with proposed application which let you
fetch the data from instruments and then save them in system against any particular patient.
Indicative Features of RIS system include:
Storing — Stores images obtained from RIS imaging devices and any other relevant patient information
on the database.
Patient Management — Significantly facilitates patient management as processes such as patient
registration and scheduling are digitized. The amount of time needed for patient registration and
organizing schedules is greatly reduced by eliminating the need for paper-based documentation.
Booking appointments is made much simpler and much less time consuming.
Patient Tracking — Keeping track of the patient's treatment through the system is made available. The
patient's complete medical history can be accessed and the patient's information can be checked for any
updates throughout the diagnostic process by logging into the system whenever is necessary. As a result,
workflow management is greatly improved.
Interactive Documents — RIS systems enable the creation of interactive documents which enhances
communication between physicians and facilitates diagnosis.
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Results Entry and Distribution — Results are reported digitally but functions for paper-based exporting
are included. Medical reports can be swiftly and easily emailed or faxed. The RIS system can create
statistic reports for specific procedures, individual patients, or patient groups.
Inventory Management
An automated inventory management system where users of health institutions can use the system to
streamline the health institutions' inventory at store and sub-store level. Inventory managers have access to
the data and can set minimum inventory levels that will automatically place orders for items before there is a
shortage.
Issues & Returns from central store
Purchase requisition
Stock inwards and approvals
Inventory updates through barcode scanning
Patient consents
Preoperative/postoperative checklist
Operation checklist
Surgery planning
OT register
Pharmacy Management
The pharmacy inventory process helps track the quantity of medication that is available and helps reduce costs
and monitor expired medications. A computerized inventory system helps keep track of medications and current
stocks par levels. It keeps records of when medications are received, dispensed, recalled, or sent for waste
Inventory of drugs, medicines and other medical devices in the hospital.
Nursing Management
Nursing Desk module provides screens to nursing and ward management users, staffs and facilitates them in
managing patient wards. Special units like OT and ICU are managed and tracking is done for all services given
to patient by connecting the wards. It is integrated with doctor's workbench to make sure that departmental
functions perfectly of clinical and administrator.
Casualty/ Emergency
Emergency module deals with taking care of patients from the time they arrive in the casualty till the time they
are transferred to a department in the hospital for further treatment or discharged from the Casualty. It also helps
to record the treatment and orders in real time which are communicated by the physician.
Below are the major highlights of the Emergency Module —
Supports registration into the Patient Index which includes: Ambulance number, Patient symptom,
allergies, complaint and general patient demographic details
Able to track the patient treatment details and discharge details including information about discharge
by death.
System records subsequent Reservations for Day Surgery, Operation Theatre and Ward Admission
The system is able to access the Admissions & Discharges system in order to obtain information about
ward/bed availability
Generate a bill after a patient has been seen served, then issue a receipt after payment
Supports capture of information required for generation of police report
MIS Reports
It provides analysis and dash boarding for infrastructural, operational, performance related data collected
through the proposed system. Following are only some indicative expected outcomes:
Outpatient Utilization by location, facility, specialty, doctors
Admissions by location, facility, specialty
Occupancy, Bed Availability
Surgeries and procedures, OT utilization
Diagnostic equipment- functional/ nonfunctional, utilization
Emergencies, utilization, types of emergencies
Deaths, injuries, Patient safety reports
Medicines and Supplies- availability, utilization, expiry
Disease profile, outbreaks
All dashboard would be available at State Command and Control Centre.
This refers to management of all the equipment and assets of the hospitals used for Patient Administration
Services, Patient Clinical Services and Support Services provided by different departments within the hospitals.
This includes equipment visibility, utilization history, maintenance schedule & new requirements. e.g.,
biomedical equipment, security equipment, IT hardware, etc.
TECHNICAL SPECIFICATION
The proposed HMIS application must be web and mobile enabled, built on enterprise application platforms with
sufficient flexibility for customization based on the need of each and listed healthcare facility in Madhya
Pradesh. The proposed HMIS must use standard relational database and must ensure full consistency, security
and availability of data for reporting and analytics requirement.
It is mandatory that the proposed HMIS should align with all the provisions and guidelines provided in
"National Digital Health Blueprint (NHDB)" final report published by Ministry of Health and Family Welfare,
Government of India. Further, proposed HMIS should follow mandatory compliance with the provisions
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mentioned in "HEALTH DOMAIN METADATA AND DATA STANDARDS" help ensure seamless sharing
and exchange of data among the e-Governance applications within/across domains. Additionally, the proposed
HMIS should comply with the guidelines and provisions of "Ayushman Bharat Digital Mission" released by
National Health Authority (NHA).
The proposed HMIS should comply with the all the applicable health and Information Technology (IT)
standards as well as protocols, unless otherwise mandated by the Government. The Solution should be based on
and compliant with relevant industry standards (their latest versions as on date) wherever applicable. This will
apply to all the aspects of solution including but not limited to design, development, security, testing and
implementation. The system shall adhere to all the IT standards published by the Government of India and other
applicable medical standards listed in the tables below.
Note: There are many standards that are indicated throughout this volume as well as summarized below.
However, the list below is just for reference and is not to be treated as exhaustive.
3. Logical Observation Identifiers Database and universal standard for identifying Names and Codes (LOINC)
medical laboratory observations
4. Current Procedural Terminology Medical code set to report medical, surgical, and (CPT) diagnostic procedures
and services to entities
5.Health Level (HL7) Set of international standards for transfer of clinical and administrative data between
software applications & focuses on application "layer 7" in the OSI model
6. Digital Imaging and Standard for the communication and management Communication (DICOM) 3.0 of medical
imaging information and related data enabling the transfer of medical images in across systems through Picture
Archiving &Communications System (PACS), including WebAccess to DICOM Persistent Objects (WADO)
7. Picture archiving and Digital storage, transmission and retrieval of communication system (PACS) radiology
Reports. Images will not be stored in HMIS Database
8.Health Insurance Portability &Accountability Act (HIPAA): National standards to protect individuals' medical
records and other protected health information
9.Fast Healthcare Interoperability Resources (FHIR):Interoperability standard for electronic exchange of
healthcare information
Compliance to IT Standards
5 Information Security ISO 27001 Data transfer over internet should be encrypted with TLS 1.3 Security
protocol along with appropriate encryption mechanism
6 Operational integrity IS017799
& security
management
7 Service Management ISO 20000
8 IT Infrastructure ITIL/ EITM
management
9 Internet Protocol TCP / 'P, IPv6
Suite
10 Communication Suite SMTP / POP
11 Network Protocol SFTP/ FTP
12 Data Elements MDDS / XML/ XBRL
13 World Wide Web W3C
14 Mobile OWASP
15 Documentation IEEE/ ISO
There are certain criteria which define a certain matrix to set up the District Health Real Time Ranking.
Ranking may be generated based on the data collected through the state application and modules developed.
3.4 Command and Control Centre (CCC)
A Command and Control Centre is considered to be the core for managing disasters, respond to inconsistent
conditions and various healthcare operations across state. It is the place where the overall operations of state
health system like monitoring, controlling, and commanding are carried out. The CCC should be able to prove
all the data analytics to support the state to monitor and plan the health policies for the state. All IT applications
of GOB to be integrated with currently functional CCC in Madhya Pradesh. The data analytics and dashboarding
outcomes from MIS should also be available at State CCC.
3.5.1 HR Deployment
MSP to provide 2 technical resources at every DH initially for 1st year followed by 1 resource per DH from
2nd Year onward
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The proposed solution should be able to integrate medical devices through IOT devices to monitor
functionalities of existing medical devices across health system of State. The proposed solution should have
capabilities to provide ease of use for the public through Kiosks at intuitional level.
3.6 Training & Capacity Building
Training (including Technical training, Functional training etc.) of end-users is essential for ensuring that the
implementation actually put to use and drive adoption sustainably. Therefore, the MSP shall also ensure proper
training to the designated end-users on the system to make them well conversant with the functionalities, features
and processes built in the proposed system.
a) Training could have multiple sessions as per the need and requirement of the project/ application. Hence,
the MSP shall conduct Training Needs Analysis of all the concerned staff and chalk out a systematic training
plan. The training duration should be sufficiently long for effecting meaningful assimilation of training
content by an average user. There should be sufficient number of trainers in every training session for
conducting the training program.
b) Training Plan: The selected bidder shall provide comprehensive and detailed training plan describing the
proposed approach and methodology, calendar/ timelines, course contents, course duration, training
materials, training tools, training logistics, etc.
c) The content of the training plan and schedule shall be prepared by the MSP in consultation with client at an
appropriate time. The MSP shall submit the final document for approval to the client before initiating the
training activity.
d) The selected bidder shall arrange for training sessions for all end users on individual basis or TOT (Training
of Trainers) model.
e) For each software application/ module. The venue and timing for the training shall be decided jointly by the
client and the selected Bidder.
f) Re-training of the above staffs is required whenever significant changes are implemented in the application
and/ or personnel.
g) Assessment of Training Effectiveness: Evaluate effectiveness of training programs and workshops by
obtaining formal feedback from each participant after completion of each training program/ workshop. The
MSP will be responsible for re-conducting the training of the whole batch in case the average score is less
than 70% and the additional cost of such re-training sessions shall be borne by the selected bidder Himself.
h) The requisite training infrastructure like space, seats etc. shall be provided by the client in consultation with
MSP.
i) The training shall be organized by the MSP wherein specialized logistics and supportive facilities (if any),
apart from the above-mentioned facilities, should be arranged by the MSP only, and all associated cost shall
be borne by the MSP.
j) The MSP shall provide training material like handouts, user manual (role based) etc. for all modules, portal,
mobile app.
k) Training material should be provided in hard and soft copies both. The MSP shall ensure that all the training
documentation in Hardcopy and Softcopy is in place and approved by the client (user training, operation
procedures, visual help-kit etc.).
l) The cost incurred on carrying out the training at client's prescribed location(s) shall be borne by the MSP
which includes trainer's and other support team member's fees/ salary along with all incidental expenses
like travelling, lodging-boarding, local conveyance etc.
m) The client will bear its own expenses related to travel and lodging of its personnel.
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n) MSP should also provide online help corner for the users and upload user manuals, save and maintain FAQs
online so that users can obtain system specific technical/ functional help online as and when required
I. Process and procedural (necessary introduction of some new process and systems emanating from the
need of changing core functional and information flow in a few cases)
II. Technical and technological (introduction of new technologies for enabling the new/ unaddressed
healthcare requirements)
III. Organizational (transformation of existing organizational structure and redefined roles and
responsibilities)
C) The key responsibilities of MSP for successful adoption and sustainability of project would be as follows:
I. Assessing and building staff capability to implement change quickly and effectively
II. Preparing key officers and their direct reports to meet the challenges and opportunities they will
encounter as they implement new processes
III. Implement and monitor training plans
IV. Helping to increase individual skills, and knowledge.
V. Developing and implementing change communication plans
VI. Facilitation to concerned staff for transition to new roles
VII. Work towards minimizing employee resistance to re-engineered processes and new organizational
setup
The MSP on regular intervals will conduct a detailed analysis of adoption amongst all the staff and submit a
report to GOMP, providing individual level information with reasons of non-compliance to digitization and
proposed possible solutions on their side or if required request for intervention from GoMP.
MSP is expected to come up with elaborative adoption and sustainability plan in their proposals.
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Schedule of Services
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4. Schedule of Services
The MSP under this project would be engaged for implementing various Digital Health solutions and providing
complete support in its functioning for the stipulated time-period.
The successful implementation of this project requires the MSP to provide quality and timely services. All the
activities performed by the MSP during different phases of the project shall be closely monitored. The MSP is
strongly advised to carefully read the Schedule of Services and quote accordingly.
The broad schedule of services (but not limited to) for the MSP during the period of contract/ engagement would
include and any other scope item to satisfy all the requirement of this RFP:
a) Perform a requirement study and prepare Business Blueprint document along with Design Documents,
Solution overview, solution architecture and deployment architecture.
c) Integration of existing applications/Portals as specified in the RFP and further discussions with the client.
d) Design and development of Mobile Application for Citizen and Medical officers
e) Design and development of 'Web Portal and Citizen Portal': During Implementation Phase, MSP shall
develop dedicated Web Page for displaying all implementation related information, progress reports,
Orders, Office memorandums, related documents, tutorials, newsletters, training material etc.
f) MSP will be responsible for provisioning of cloud services from State Cloud Services or MeitY empaneled
cloud service providers for the contract period.
g) Data migration from existing (legacy) applications to the proposed (new) applications.
h) Application testing i.e. unit testing, integration testing, system testing, regression, load, stress, and
performance testing
k) Provide Support in Third Party Security Audit of the Applications, Portal and associated Certifications &
address findings (Third party auditor will be appointed by MSP in coordination and approval with relevant
stakeholders)
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Implementation Plan
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5. Implementation Plan
The overall contract period for this project is 5 years. The entire contract period is divided into three broad
sections:
i. From the day of execution of Service Level Agreement (SLA).The SLA should be done within 07 days
of submission of PBG.
ii. After the successful commissioning of application and all ancillary in-scope applications and receiving
sign-off on UAT and Go-Live for all Stages and phases, the system would be finally declared as Full
Go-live. Successful commissioning shall mean successful implementation as per the Phases defined
with real/live business data entered by the client.
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Stakeholder’s Roles
& responsibility
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Project Governance
Structure and
Monitoring
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The MSP should finalize the Project Governance Framework in conjunction with relevant stakeholders and
implement a Project Management Tool to cover aspects of governance, project deliverables, milestones, service
levels and payments. MSP will be responsible to provide a tool for project management and measure the SLAs.
Figure 7. An indicative Project Governance Framework
Steering
Committee
Project
procurement IT PMU
Team
Project
Implementation &
Governance Team
MSP PMO
Delivery team
(Core Delivery &
Support team)
Project Quality
Assurance team
Steering Committee
It will monitor Risk / issue / dependency management and cascading decisions into the projects
It will identify roadblocks and methods to overcome them
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• Escalate issues to Steering committee when necessary follow-up and mitigation actions
• Manage program budget and financials for
Internal/external factors
Risk, issue and dependency management at the
program level and setting direction as necessary
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HMIS Ecosystem
Framework & Technical
Specifications
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The application and its functionalities should be granular and modular following N-tier architecture
methodology. Various logical layers are described below.
8.1.2 Compliant with ABDM
Since health is a State subject, States are supported under National Health Mission (NHM) for services like
Hospital Information Management System (HMIS).
Following core requirements and architectural priorities have been kept in view:
a) Unique and Reliable Identification of stakeholders across the whole eco-system.
b) Trustworthiness of the information created by the entities in the eco-system
c) Capability for creation of a longitudinal health record for every individual from information held in
diverse systems.
d) Managing the consents for collection and/or use of personal/ health data, to ensure privacy and
confidentiality, in conformance to the laws of the land.
Proposed solution should be compliant with Ayushman Bharat Digital Mission's (ABDM) policy defined for
State health ecosystem implementation.
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A) MSP shall comply with all the policies and guidelines relating to Integrated Digital Health Solution
ecosystem, including but not limited to
1. Aligned with National Digital Health Blueprint and strategy overview
2. Health data management policy and notifications
3. Security and Data privacy policy
4. Guidelines for health information provider, health repository providers
5. MeitY guidelines relating to all aspect of Integrated Digital Health Solution ecosystem
6. Any other policy, rules provided by NHA and/or GOB
B) Solution component design considerations should be follows as applicable -
1. Pluggable and scalable architecture
2. Technology enabler and easy adoption of new technology products
3. Open-sources software products
4. Platform as digital health enabler
5. Quality health services
6. Platform security
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a) Web Application Interface -The HMIS web interface should have both static and dynamic
content driven though APIs and CDNs and should be accessible through a web browser via
Internet and Intranet. MSP should follow WCM classifications and below guidelines while
designing the web portal interface
Immediate Page Loading
Mobile adaptive UI / UX controls
Responsive designs
SEO Friendly
Website Security
b) Mobile Interface - Solution should be developed following design for mobile app usability.
Separate Mobile App for Both citizen and various department stakeholders shall be able to access
relevant processes and functionalities based on their assigned roles, responsibilities, and
privileges. MSP is expected to include indicative wireframe designs in their technical proposal
for evaluation by the Department following below principles
Design for varying screen sizes
Focus on touch targets and placement
Ensure consistent layouts and templates.
Provide easy methods for data entry.
c) Kiosk— An intuitive touchscreen interface with a focus on patient self-service functions is
envisioned to be implemented in near future. The soliton should be able to produce required
datasets for this functionality without further customizations and further development.
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Business service layer components shall be categorized to provide business functionality of the ecosystem
with cross cutting edges.
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data layer (database) is isolated to a single set of classes (layer). Primary purposes of a Data Access
Layer should be —
Abstract the actual database engine or other data store
Abstract the logical data model such that HMIS Business Layer is decoupled from this
knowledge and is agnostic of it.
b) Data Hub Layer -The overall solution should be based on a centralized architecture comprising
of centrally located databases in the deployment repository. Integrated Digital Health Solution
platform would directly connect to data storage for all kind of transactions. The data layer should
consist of three distinct sub layers:
The core transaction database should ideally be a relational database with strict compliance to
ACID property of a relational model.
Datawarehouse (DWH) layer will constitute the backbone for Business Intelligence module.
ETL tool should be used to cleanse, transform, and load data in DWH.
Data Lake (DL) to store all kind of structured and unstructured data in a single big data
repository which can further be utilized to build advance analytics and Al based applications.
Outline the build and release management lifecycle to support all application releases. Ensure
automated build, packaging, and deployment across different production and nonproduction
environments.
Integrate with Source Code Control repository for continuous integration and fully automated
build & deployment.
Establish controlled release infrastructure using centralized configuration management system
Auto-generate release notes documenting enhancements, fixes included in each build and support
the release process using standard tools.
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High payload/response APIs should be implemented with checksum functionality to validate data integrity
and performance of the system.
8.2.4 Scalability
Integrated Digital Health Solution Platform should have capability to upscale and downscale based on
load to ensure service delivery and better resource utilization. All the application components of the
solution must support both horizontal and vertical scalability to provide continuous growth to meet the
requirements and demand of healthcare ecosystem. Whereas transactional database system should be
designed to support high availability to eliminate the risk of system failures. System can handle increasing
number of requests without adversely affecting the response time and throughput of the system.
8.2.5 Containerization
Ecosystem platform components should be deployable units over container orchestration platform, to
take advantage of this by automating the management of containers and matching resources to the actual
demand on the system. solution should use microservices/functions.
8.2.6 Availability
Proposed solution should be designed to ensure high availability of solution component and should not
have any single point of failures. System should be able to adhere defined application SLA for uptime
and serving the requests. Availity is not limited to the solution components only it should cover complete
solution components included infra, network, application components, monitoring framework etc.
Deployment architecture should be deigned to ensure high availability from application, network, infra
point of view and there should not be any single point of failure.
8.2.7 Resource optimization
Proposed solution must be designed for better resource utilization and resources must be provisioned and
configured based on the industry standards and actual service demand.
System should have capability of optimized resource planning and should be able to scale on high
demand and downscale on low usage. System should have uniform dashboard/mechanism for
managing and monitoring the system resources.
8.2.8 Platform security
MSP should take a holistic approach while defining an Enterprise Information Security Architecture and
wherever required sensitive data should be secured and provide fixation of STQC testing issues reported
by CERT-ln emplaned security auditor. Also, must provide all infra related requirement considering
application, data, network and infra security. To ensure application security, system should comply to
the following —
1. System should not allow any unauthorized access
2. All fields should be validated at client and server side on submission
3. All end point should be secured using strong authentication methodology to avoid security
breaches.
4. Session management should be implemented
5. Standard code practices should be followed to avoid memory leak, not reachable code, unhandled
exception, and duplicated code.
6. Distributed logging to diagnose any issue related to the performance, security breach or system
failure.
7. Sensitive information should be secured using hashing, masking, or encryption.
8. Solution should be protected against bots and brute force attack. Prevent Security
Misconfiguration Vulnerabilities
9. Prevent Insecure Cryptographic Storage Vulnerabilities
10. Solution should ensure data security while data in-rest and data in-motion.
11. Solution should have antivirus security and endpoint security.
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Simplicity —easy to use syntax and visual tooling to build integrations without much fuss.
Agility —agile and capable of supporting frequent releases.
Stability — support for voluminous data and transactions.
Resiliency —withstand to failures without propagating to upper layers.
Performance —should be capable of accepting concurrent requests at a higher rate while
dispatching them at a lower rate to the backend services which are not that capable of
handling concurrent connections.
Caching —integration layer can provide response cache.
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aggregated data. Solution should be designed and implemented for the data driven outcomes such as
Citizen Health, Care Quality Improvement, Optimize hospital efficiency, Time to Delivery,
Knowledge etc.
Analytics will require the application of new technologies such as Al, ML, NLP & Predictive analysis.
As part of the requirement, MSP shall be responsible for creating a centralized health and data
repository and strong data governance capability to define, monitor and control, integrate security,
accessibility capabilities within developed platform.
The data lake shall enable to store structured, semi-structured, unstructured and stream data. The data can
be consumed for historical as well as real time analytics.
The following are the requirements from data lake:
1. Serve as a system or repository of data stored in its natural format.
2. Single store of all enterprise data, including raw copies of source system data
3. Should have the capability to include structured data from relational databases, semi-
structured data, unstructured data, and binary data
4. Provide comprehensive capabilities for data retrieval and publishing
5. Provide full metadata
HMIS healthcare analytics should be designed to use vast amounts of collected data to provide GOB
authorities with actionable insights.
Figure 11. Health Data Analytics
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Instruction to
Bidders
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9. Instruction to Bidders
9.1 Availability of RFP Document
This RFP document is available on the web site https://mptenders.gov.into enable the Bidders
to view and download, and to submit e-Bids online up to the last date and time mentioned in
RFP document. The Bidders shall follow instructions as per "User Manual" on the website
https://mptenders.gov.in. The Bidder shall have to furnish, as part of its Bid, an Earnest Money
Deposit (EMD) of INR 46, 00,000 Rupees by means of a Bank Guarantee in favour of Managing
Director, MPPHSCL (details mentioned below) and upload/submit the bank receipt online in the
given attachment on website https://mptenders.gov.infrom a scheduled bank, drawn in favour of
Managing Director, MPPHSCL valid for 180 days
Name of Beneficiary Managing Director, MPPHSCL
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instructions for and on behalf of any and all members of the consortium; by submitting a power of
attorney signed by legally authorized signatories of all the members.
In case the Bidder being Indian Company is having collaboration with the Company
incorporated outside India (Foreign Company), the Bidder shall in respect of such
collaboration submit duly certified/authenticated copies of the following documents:-
Certificate of Incorporation / Registration Certificate issued by the competent authority under
the law in force in the country of its incorporation.
Memorandum and Articles of Association or document constituting the company and regulating
its affairs.
List Of board of directors or regulating/controlling body;
Address of its place of business in India, if any;
Audited annual financial statements and financial Net-worth for the last three years only of
foreign entity;
Complete copy of agreement entered into by the Indian company with the foreign company
including major terms, validity period, demarcation of scope of work, role and responsibilities
of each party to the agreement, technical, financial and management aspects of the
agreement.
Any other papers or documents required by MPPHSCL at a later stage or in future.
The Lead Consortium Member shall submit the Bid to MPPHSCL and shall be liable
towards fulfilling the obligations in this RFP.
The Lead Consortium Member shall have a valid Goods and Services Tax Registration Number
and Permanent Account Number (PAN) for the Republic of India.
The Lead Consortium Member shall designate and authorize one person to represent the
Bidding Consortium in its dealings with MPPHSCL through a Power of Attorney as per the
Annexure XIII A )to perform all tasks including, but not limited to, providing information,
responding to inquiries, signing of Bid on behalf of the Consortiums, etc.
Lead bidder of the consortium shall have a registered office (under the Companies Act
1956/2013 with Registrar of Companies) and operations in India.
Every Consortium Member shall provide consent to the Lead Consortium Member and make
itself aware of all the proceedings of the bidding process and Project implementation through
legally enforceable consortium agreement, power of attorneys, legal undertakings, etc. entered
amongst all members of that Bidding Consortium. In the absence of duly executed formats, the
Bid shall not be considered for evaluation and will be rejected.
The Bidder / member of consortium should not be blacklisted/barred by any Govt. Organization
or Regulatory Agencies or Govt. Undertaking. Bidder should submit a self-undertaking signed
by its Authorized Signatories for the same as per the format prescribed in Annexure Ill.
The Lead Consortium Member shall submit the Bid after legitimately paying the Tender Fees
and EMD as per the various terms, schedules and formats prescribed in this RFP.
The bid, and in case of successful bid the specified Form of Agreement, shall be signed so as to
be legally binding on all consortium members (as per enclosed format in bidding document in
Annexure Xll).
The Lead Consortium Member shall be authorized to incur liabilities and receive instructions for
and on behalf of any and all members of the consortium, and the entire execution of the
Contract shall be done with the resultant SPV formed by the consortium members in case the
LOA is awarded to the consortium.
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In case of Consortium, all members of the consortium shall be liable, jointly and severally, during
the bidding process and for the execution of the contract in accordance with the contract terms,
and a statement to this effect shall be included in the authorization by all members. The bid
shall be signed to legally bind all members, jointly and severally.
The response by the bidder or Consortium to the RFP is liable for rejection, if information
provided is found to be false at any stage during evaluation of bids and subsequently during the
execution of the contract.
The bidder and each member of Consortium are not allowed to participate in more than one
(01) bid under this RFP.
Formation of SPV -
1. Where the Bidder is a Consortium/ Joint Venture, it shall be required to form an
appropriate Special Purpose Vehicle, incorporated in the form of a private limited
company under the Indian Companies Act, 2013 (the “SPV”) for entering into a
concession agreement with the Authority and for performing all its obligations as the
concessionaire in terms of the concession agreement for implementing the Project.
In addition to forming a SPV, the consortium/Joint Venture shall have to comply with
the following additional requirements:
a) Number of members in a consortium/Joint Venture shall not exceed 2 (two) (including
Lead Member):
b) subject to the provisions of clause (a) above, the Bid should contain the information
required for each member of the Consortium/Joint Venture;
c) Members of the Consortium /Joint Venture shall nominate one member as the lead
member (the “Lead Member”), and that lead member shall hold not less than 51% (fifty
one percent) of the paid up and subscribed equity of the SPV.
d) the Bid should include a brief description of the roles and responsibilities of individual
members, particularly with reference to financial, technical obligations;
e) the members of a Consortium /Joint Venture shall form an appropriate SPV to execute
the Project, if awarded to the Consortium;
f) Members of the Consortium/Joint Venture shall enter into a binding Joint Bidding
Agreement, substantially in the form specified at ________ (the “Joint Bidding
Agreement”), for the purpose of submitting a Bid. The Joint Bidding Agreement, to be
submitted along with the Bid, shall, inter alia;
i. convey the intent to form a SPV with shareholding/ownership equity commitment(s) in
accordance with this RFP, which would perform all the obligations and undertake the
Project if awarded to the Consortium.
ii. clearly outline the proposed roles and responsibilities, if any, of each member.
iii. Members of the consortium undertake that they shall collectively hold 100% (hundred
per cent) of the subscribed and paid up equity share capital of the SPV for the entire
period of the Concession.
iv. No new member other than consortium members shall be allowed in the formation of
SPV company.
v. Except as provided under this RFP and the Bidding Documents, there shall not be any
amendment to the Joint Bidding Agreement without the prior written consent of the
Authority.
For the avoidance of doubt, the provisions of this Clause above shall apply only when
the Bidder is a Consortium.
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For legal liability: since after agreement, the SPV will become the concessionaire; all the
clauses regarding the legal action will be same for the SPV.
Debarment
The Bidder or all members of Consortium (in case of Consortium) should not be debarred for fraudulent
and corrupt practices by any Government entity in India as on the date of Bidding. Bidder or all members
of Consortium (in case of Consortium) shall submit an Affidavit in this regard as per Annexure III of this
RFP document.
The Bidder shall furnish, as part of its technical e-Bid, documents establishing the Bidder's
qualification to perform the Contract if its e-Bid is accepted. The documentary evidence should
be submitted by the Bidder electronically in the PDF format.
The documentary evidence of Bidder's qualification to perform the contract if its e-Bid is
accepted shall be as per qualification requirements specified in e-Bid document.
All the documents submitted by the Bidder shall be signed by authorized signatory and shall also
put company's/authorized signatory's seal.
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The Applicant not fulfilling the Technical Bid shall not be analyzed and evaluated for their
Financial Bid in order to qualify the short-listing stage.
e-Bid Currency: The prices quoted in the proposal shall be in Indian Rupees only. Proposal in any
currency other than Indian Rupee (INR) shall be treated as non-responsive and hence shall be rejected.
For participating in e-Bid through the e-Bidding system it is necessary for the Bidders to be the registered
users of the e-tender website http://mptenders.gov.in. if they have not done so previously for registration.
In addition to the normal registration, the Bidder must register with his/her Digital Signature Certificate
(DSC) in the e-Bidding system and subsequently he/she will be allowed to carry out his/her e-Bid
submission activities. Registering the digital signature certificate (DSC) is a one-time activity. Before
proceeding to register his/her DSC, the Bidder should first log on to the e- Bidding system using the
user login option on the home page with the login Id and password with which he/she has registered.
For successful registration of DSC on e-tender website https://mptenders.gov.inthe Bidder must ensure
that he/she should possess class-2/class-3 DSC issued by any certifying authorities approved by controller
of certifying authorities, Government of India, as the e-tender website https://mptenders.gov.inis presently
accepting DSC issued by these authorities only. The Bidder can obtain user login ID and perform DSC
registration exercise given above even before thee-Bid submission date starts. The MPPHSCL shall not
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be held responsible if the Bidder tries to submit his/her e-Bid at the moment before end date of submission
but could not submit due to DSC registration problem.
Next, the Bidder should upload the technical e-Bid documents i.e. scanned copy of EMD, Technical
Proposal related documents/details. Before uploading, the Bidder must select the relevant digital signature
certificate. Bidder may be prompted to enter the digital signature certificate password, if necessary. For
uploading, the Bidder should click "browse" button against each document label and then upload the
relevant PDF files already prepared and stored in the Bidder's computer. The required documents for each
document label of technical and financial schedules can be clubbed together to make single different files
for each label.
After successful submission of e-Bid document, a page giving the summary of e-Bid submission will be
displayed confirming end of e-Bid submission process. The Bidder can take a printout of the Bid summary
using the "print" option available in the window as an acknowledgement for future reference.
Late Bid
The server time indicated in the Bid management window on the e-tender website https://mptenders.gov.in
will be the time by which the e-Bid submission activity will be allowed till the permissible date and time
scheduled in the e-Bid.
Once the e-Bid submission date and time is over, the Bidder cannot submit his/her e-Bid. Bidder must start
the Bid submission well in advance so that the submission process passes off smoothly. The Bidder will
solely be responsible if his/her e-Bid is not submitted in time due to any of his/her problems/faults, for
whatsoever reason, during e-Bid submission process.
No e-Bid may be withdrawn in the interval between the deadline for submission of e-Bids and the
expiration of period of e- Bid validity. Withdrawal of an e-Bid during this interval may result in the
forfeiting of Bidder's e-Bid security.
The Bidder can re-submit his/her e-Bid as when required till the e-Bid submission end date and time. The
e-Bid submitted earlier will be replaced by the new one. The payment made by the Bidder earlier will be
used for revised e-Bid and the new e-Bid submission summary generated after the successful submission
of the revised e-Bid will considered for evaluation purposes. Resubmission can be done as per instructions
provided in "Manual" available on the website http://mptenders.gov.in.
The Bidder can submit their revised e-Bids as many times as possible by uploading their e-Bid documents
within the scheduled date & time for submission of e-Bids.
No e-Bid can be resubmitted after the deadline of submission of e-Bids.
MPPHSCL's Right to accept any e-Bid and to reject any or all e-Bids.
Not with standing anything contained in this e-Bid, MPPHSCL reserves the right to accept or reject any
Bid and to annul the Selection Process and reject all Bids, at any time without any liability or any
obligation for such acceptance, rejection or annulment, and without assigning any reasons thereof.
The MPPHSCL reserves the right to reject any Bid if:
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Such misrepresentation/ improper response may lead to the disqualification of the Bidder. If such
disqualification/ rejection occurs after the e-Bid has been opened and the Highest rated bidder (Bidder
having maximum composite score) gets disqualified/ rejected, then the MPPHSCL reserves the right to
take any other measure as may be deemed fit in the sole discretion of the MPPHSCL, including annulment
of the Selection Process.
In case it is found during the evaluation or at any time before signing of the Contract or after its execution
and during the period of subsistence thereof, the bidder has made material misrepresentation or has given
any materially incorrect or false information, the bidder shall be disqualified forthwith if not yet
empaneled either before the selection or entering into of the Contract, and if the bidder has already been
selected or has entered into the Contract, as the case may be, the same shall, notwithstanding anything to
the contrary contained therein or in this RFP, be liable to be terminated, by a communication in writing
by the MPPHSCL to the bidder, without MPPHSCL being liable in any manner whatsoever to the bidder
or agency, as the case may be. In such an event, MPPHSCL shall forfeit and appropriate the EMD, as the
case may be, as compensation and damages payable to the MPPHSCL for, inter alia, time, cost and effort
of the MPPHSCL, without prejudice to any other right or remedy that may be available to the MPPHSCL.
The MPPHSCL reserves the right to verify all statements, information and documents submitted by the
bidder in response to the RFP. The failure of the MPPHSCL to undertake such verification shall not
relieve the bidder of its obligations or liabilities hereunder nor will it affect any rights of the MPPHSCL
there under.
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Bids received without the EMD shall be rejected outright as non-responsive. No further communication
from the Bidder, in this regard, shall be entertained by MPPHSCL.
Technical Proposal
For preparing the Technical Proposal, the Bidders are advised to thoroughly examine this RFP in detail.
Any deficiencies in providing the information requested may result in rejection of the Proposal/e-Bid.
The Technical Proposal shall not include any financial information. Bid which encloses financial Bid
information/ part of financial Bid in the technical Bid shall be rejected outright by MPPHSCL as being
non-responsive.
MPPHSCL reserves the right to reject any bid which is non-responsive and no request for alteration,
modification, substitution or withdrawal shall be entertained by the MPPHSCL in respect of such bid
The Bidder shall submit the following documents with its technical proposal'
Copy of Bank guarantee of Earnest Money Deposit (EMD) (as per the format provided at
Annexure — IX).
Response to the Qualification Criteria given in the RFP along with supporting documents.
All the Annexures as provided in this RFP document duly signed and stamped by the authorized
signatory of the bidder.
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Details of the Consortium Partner (if any) and their clearly defined scope of work along with
their contact details and authorized contact person.
Any other relevant form(s) and document(s) in compliance to the RFP requirements.
Financial Proposal
Financial e-Bid shall include the following document:
The Bidder as part of its financial Bid should account for all out of pocket and other expenses including
all permits, approvals, travel cost and licenses etc. that may be required for completion of all items as
mentioned in the scope of work of this RFP document.
The Financial Proposal with details of all the GST/Service Tax, other Taxes, Duties, Cess, etc. and
Financial score will be calculated on the quoted basic price (Excluding Taxes) of all component as
mentioned in Price sheet.
The prices/rates quoted by the Bidder shall remain firm (fixed) during the entire Contract Period and shall
not be subject to any variation on any account. A Bid submitted with variable price quotation will be
treated as non-responsive and hence shall be liable to be rejected.
Bidders are advised to exercise adequate care in quoting the price. No modification/correction in the Bids
will be entertained after the Bid submission date.
Provided that a Technical Proposal is substantially responsive, MPPHSCL may, at its discretion, request
the Bidder to submit the necessary information or documentation, within a reasonable period, to rectify
nonmaterial nonconformities or omissions in the Technical Proposal related to documentation
requirements. Such omission shall not be related to any aspect of the Financial Proposal of the Bid. Failure
of the Bidder to comply with the request may result in the rejection of its Bid.
Right to Publish
Throughout the duration of this bidding process and contract term, Bidders must secure from MPPHSCL,
written approval prior to the release of any information that pertains to the potential worker activities
covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result
in disqualification of the Bid or termination of the contract.
Due diligence by Bidders
Each Bidder should conduct its own study in order to respond to this RFP document.
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MPPHSCL makes no representation or warranty and shall incur no liability under any law, statute, rules
or regulations on any claim the potential Bidder may make in case of failure to understand the requirement
and respond to the RFP document.
Clarifications from Bidders
MPPHSCL may at its sole discretion contact the Bidder for clarification of the response.
MPPHSCL reserves the right to verify the credentials (including documents, declarations, self-
certifications) provided by the Bidders by its own means and methods. In case MPPHSCL receives
feedback contrary to the responses of the Bidder or is not satisfied with compatibility of the experience
with the required standards/expectations, MPPHSCL reserves the right to form its own opinion and even
reject the Bids and forfeit the EMD.
MPPHSCL/ Evaluation Committee may use other sources of information in proposal evaluation as
required.
Collusive Proposal
Bidders and their employees, authorized representative, advisors and any other person associated with
the Bidder in any manner, must not engage in any collusive proposal, anticompetitive conduct or any
other similar conduct with any other Bidder or any other person in relation to the preparation or
submission of Bid.
In addition to any other remedies available under any law or any contract, MPPHSCL reserves the right,
in its sole and absolute discretion, to reject any submission lodged by a Bidder that engaged in any
collusive proposal, anti-competitive conduct or any other similar conduct with any other Bidder or any
other person in relation to the preparation or lodging of proposals, and further the EMD/ Performance
Bank Guarantee/Additional Bank Guarantee may be invoked.
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Conflict of Interest
MPPHSCL requires the Bidders to provide professional, objective, and impartial advice and at all times
hold MPPHSCL's interest paramount
The Bidders should strictly avoid conflicts with other assignment or their own corporate interests and act
without any consideration for future work.
Neither the selected Bidder nor any of its personnel, spouse, children or any person having a common
interest with the selected bidder shall engage in any personal, business or professional activity which
conflicts or could conflict with any of their obligations in relation to this project.
A Bidder may be considered to be in a conflict of interest with one or more parties in this Bidding process
if, including but not limited to:
Have controlling shareholders in common; or
Receive or have received any direct or indirect subsidy from any of them; or
Have the same legal representative for purposes of this Bid; or
Have a relationship with each other, directly or through common third parties, that puts them
in a position to have access to information about or influence on the Bid of another Bidder,
or influence the decisions of MPPHSCL regarding this Bidding process; or
A bidder participates in more than one Bid in this Bidding process. Participation by a Bidder in
more than one Bid will result in the disqualification of all Bids in which it is involved.
A bidder or any of its affiliates participated as a consultant in the preparation of the design or
technical specifications of the goods and services that are the subject of the Bid.
Confidentiality
After the opening of Bids, information relating to the examination, clarification, evaluation and comparison
of Bids, and recommendations concerning the award of contract shall not be disclosed to Bidders or other
persons not officially concerned with such process.
Any effort by a Bidder to influence MPPHSCL or others connected in the process of examination,
clarification, evaluation and comparison of Bids, and in decisions concerning the award of Contract, may
result in the rejection of his Bid.
No Bidder shall contact MPPHSCL on any matter relating to its Bid, from the time of the opening of Bids
to the time the contract is awarded. Any effort of the Bidder to influence MPPHSCL in its decision in
respect of Bid evaluation, bid comparison or award of the contract shall result in the rejection of the Bid
and forfeiture of the Bid security. During the Bid preparation process, the Bidders will focus their inquiries
and communications, if any, to only the authorized nodal officer of MPPHSCL.
Canvassing in connection with "Request for Proposal" is strictly prohibited. The submitted Bid of the
Bidder who resorts to canvassing is liable to be rejected. The Bid containing uncalled remarks, or any
additional conditions are liable to be rejected.
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The MPPHSCL shall treat all information. Submitted as part of the bid, in confidence and will require all
those who have access to such material to treat the same in confidence. MPPHSCL may not divulge any
such information unless it is directed to do so by any statutory entity that has the power under taw to require
its disclosure or is to enforce or assert any right or privilege of the statutory entity and/ or the MPPHSCL
The Bidder shall be fully and solely responsible for the payment of all central, state and local taxes and
contributions (including penalties and interest) imposed pursuant to income tax, GST as and when
applicable, compliances as stated in this agreement or any other similar statute to the Govt. and to the
employees and /or persons engaged and/or deputed by the Tenderer pursuant to this contract.
False or Misleading Claims
MPPHSCL may in its absolute discretion exclude or reject any proposal that in the opinion of MPPHSCL
contains any false or misleading claims or statements. MPPHSCL has no liability to any person or agency
for excluding or rejecting any such proposal.
Integrity Pact
The pact essentially envisages an agreement between the prospective Bidders and DHS, committing the
persons/ officials of both sides, not to resort to any corrupt practices in any aspect/ stage of the contract.
Only those Bidders, who commit themselves to such a Pact with DHS, would be considered competent to
participate in the bidding process. In other words, entering into this Pact would be a preliminary
qualification. The essential ingredients of the Pact include:
Promise on the part of the DHS, not to seek or accept any benefit, which is not legally available;
Bidders to disclose any transgressions with any other company that may impinge on the anti-corruption
principle
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10
Pre-Qualification
Criteria
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4 Bidder's The Sole bidder/ Consortium have Copy of Work order/ Client
Experience experience in ongoing or certificate/Contract
completed projects of total value is copy/LOI from Client
INR 50 Cr. in design, development,
implementation of projects in IT
Transformational project / ICT
Components / E- Governance/
Digital Solution projects with any
Government / State Government /
PSUs in last five (5) years (from
FY 2018-2023).
9 Pre-contract Integrity pact Integrity pact in the prescribed Signed copy of Integrity pact
format. in the format prescribed
(Please refer Annexure X)
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Technical
Evaluation
Criteria
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Following table outlines the Technical Evaluation Parameters and Scoring Methodology based
on which evaluation of technical proposals of the bidders shall be carried out by MPPHSCL:-
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12
Evaluation of
Bids/Proposals
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Opening of Bids
MPPHSCL would open the proposal as specified in RFP and subsequently examine and evaluate the bids
in accordance with the provisions set out in section 12 of the RFP.
The proposal is not a reasonable effort to respond to the requirements of the RFP; or
The proposal contains technical deficiencies, such as not all the requirements of the solution are
addressed and proposed solution is not in accordance with the requirements of the MPPHSCL.
The bidder shall provide all supporting documents for all the information submitted as a part of
this RFPs response. Any claim without the required supporting document would not be
considered for the purpose of scoring. The supporting documents submitted must be valid as on
the date of submission of the bids.
Correction of Errors
Bidders are advised to exercise adequate care in quoting the prices. No modification/correction in
quotations will be entertained once the bids/proposals are submitted. Even before submission of the
proposal, care should be taken to ensure that any corrections/overwriting in the proposal are initialed by
the person signing the proposal form.
In case of discrepancy between the amounts mentioned in figures and in words, the amount in words shall
be considered final.
Bid Evaluation Procedure
To establish the bidder's competency and capabilities, it is proposed that the evaluation of the bids will
be done in three two stages as mentioned below:
Stage-I:
Evaluation of Pre-Qualification Proposal to establish the Eligibility Claim.
Evaluation of Technical Proposal
Stage-2:
Evaluation of Financial Proposal
On each of these parameters, the bidders would be required to meet the qualification/ evaluation
criteria as detailed in preceding sections.
All those bids meeting the Pre-Qualification Criteria would progress to the next level of evaluation i.e.,
Technical Bid Evaluation.
Post technical evaluations, only the technically qualified bids would progress to next level of evaluation
i.e., Financial Bid Evaluation.
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a) The bidder's technical solutions proposed in the bid document will be evaluated as per the
requirements specified in the RFP and bidder is required to provide details on the evaluation
framework given in Section 11
b) Proposal Presentations: The Committee shall invite each bidder to make a presentation to the
MPPHSCL at a date, time and locations determined by the MPPHSCL. The purpose of such
presentations would be to allow the bidders to present their proposed solution to the committee
as per Section 11
c) The Evaluation Committee may undertake written clarifications from the bidders. The primary
function of clarification in the evaluation process is to clarify ambiguities and uncertainties, if
any, arising out of the evaluation of the bid documents.
d) Upon technical evaluation of each bid in line with a, b and c mentioned above and Section 11
"Technical marks" out of a maximum of 100 marks will be assigned to every bid.
e) The bidders, who score 70 or more marks in technical bid, will qualify for the evaluation
of the financial bid.
f) The bidder with the highest marks in technical bid will be awarded 100 'Technical Score" and
subsequently other bidders will also be awarded "Technical Score" relative to the highest
technical marks for the final composite score calculation purpose e.g. if the highest technical
marks is 90 then "Technical Score" is (90/90) x 100 = 100, hence the bidder with highest
technical marks will score 100 "Technical Score". Similarly, another bidder who scored 80
marks, will get (80/90) x 100 = 88.88 "Technical Score". Following formula will be used for the
"Technical Score" (TS) calculation:
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13
Award of
Contract
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Signing of Contract
Once the DHS notifies the successful bidder that its proposal has been accepted, pursuant to the bidder
for acknowledging the Letter of Intent (Lol), the successful bidder and DHS shall promptly sign the
Contract. This shall be subject to the furnishing of the Performance Bank Guarantee (PBG) & Additional
Bank Guarantee as stated in clause above. DHS shall have the right and authority to negotiate certain
terms with the successful bidder before signing of the Contract. The signing of the Contract shall amount
to award of the Contract and the successful bidder shall initiate the execution of the work as specified in
the Contract.
Contract Period
The contract period shall be Eighteen (18) Months for the Implementation Period and Forty two (42)
Months Operation and Maintenance Period from the date of Go-Live. After the end of the contract period,
DHS reserves the right to either continue or extend contract period upto 02 years with the existing bidder
with either same or revised terms and conditions as mutually agreed by both parties.
Performance Bank Guarantee & Additional Bank Guarantee
The successful bidder shall at its own expense deposit Performance Bank Guarantee & Additional Bank
Guarantee with DHS, within twenty one 21 days of the date of receipt of Letter of Intent of the contract
or prior to signing of the contract whichever is earlier, an unconditional and irrevocable Performance
Bank Guarantee (PBG) & Additional Bank Guarantee (ABG) from a scheduled bank acceptable to DHS,
payable on demand, for the due performance and fulfillment of the contract by the bidder.
Performance guarantee has to be deposited within 21 days from the letter of award/ Notification
of Award made to the Service Provider over e-mail/dispatch of hardcopy.
In case the Service Provider does not fulfill the contractual obligations, the performance guarantee
amount may be forfeited.
Note: For delayed submission of agreement by the selected bidders, penalty shall be imposed as follows
(21days from the letter of award):
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5 After 30 Days 100% EMD will be forfeited and NOA may be deemed
cancel and actions could be initiated as per tender terms
& condition.
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The details of PBG & ABG are as follows:
On award of contract — Additional Bank 3 % of the Total Contract Eighteen (18) Months (For
Guarantee (ABG) Value Implementation Period Only)
All incidental charges whatsoever such as premium, commission etc. with respect to the Performance Bank
Guarantee & Additional Bank Guarantee shall be borne by the bidder. The successful bidder shall ensure that
the Performance Bank Guarantee is valid at all times during the Term of the contract (including any renewal)
and for a period of 180 days beyond all the contractual obligations/ completion of contract period/ tenure of
the appointment.
In the event of the bidder being unable to service the contract for whatever reason, DHS will encash the PBG
& ABG. Notwithstanding and without prejudice to any rights whatsoever of DHS under the contract in the
matter, the proceeds of the PBG shall be payable to DHS as compensation for the bidder's failure to
perform/comply with its obligations under the contract. DHS shall notify the bidder in writing of the exercise
of its right to receive such compensation within 14 days.
Before encashing the PBG and/or ABG, the vendor will be given an opportunity to represent before DHS. The
decision of DHS on the representation given by the vendor shall be final and binding. If circumstances so
warrant, the matter may be referred to an arbitrator(s) as appointed under section on Arbitration and Legal
Jurisdiction.
The PBG and ABG is required to protect DHS against the risk of selected bidder's conduct, which would
warrant the PBGs & ABGs forfeiture.
Annulment of Award
Failure of the successful bidder to comply with pre-qualification criteria, evaluation criteria and other terms
and conditions set out in the RFP document shall constitute sufficient ground for the annulment of the award
of contract.
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14
General Terms
and Conditions
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14. General Terms and Conditions
Sub-Contracting
The bidder shall not be permitted to appoint any delegate/subcontractor for Core solutions like HMIS, EMR
& ERP for the performance of bidder's services under this RFP, except for the following services:
Provisioning of human resources for Training and Handholding Support
Work related to data entry
Support Solutions like PACS etc. and proposed innovative solutions by MSP
The Performance & SLA liability shall rest with the MSP only and not with the sub-contractor.
However, in case of circumstances beyond the control of bidder, transfer/ sub-contracting may be
permissible with the written concurrence of DHS.
The Selected Bidder shall not assign the work to any blacklisted/debarred entity directly or indirectly in
any other manner and in case of violation, the contract is liable to be terminated along with forfeiture of
Performance Bank Guarantee & Additional Bank Guarantee.
Liquidated Damages
Time is the essence of the Agreement and the delivery dates are binding. In the event of delay or any gross
negligence in implementation of the project before Go-Live, for causes solely attributable to the Bidder, in
meeting the deliverables, DHS shall be entitled at its option to recover from the bidder as agreed, liquidated
damages, a sum of 0.5% of the total contract value per month for each completed month subject to a
maximum of 5% of the total contract value. This right to claim any liquidated damages shall be without
prejudice to other rights and remedies available to DHS under the contract and law.
Said liquidated damages shall be applicable individually on all the milestones as outlined in timelines
section 16.
Performance Obligations: While providing services as per Scope of Work, the successful bidder shall
ensure that there is no infringement of any patent or design rights or violate any intellectual property or
other right of any person or entity and shall comply with all applicable Laws, Statute, regulations and
Governmental requirements and bidder shall be solely and fully responsible for consequence / any actions
due to any such infringement.
Suspension & Termination
DHS may, by written notice of suspension to the MSP, suspend all payments to the MSP hereunder if the
MSP fails to perform any of its obligations under this contract, including carrying out of the services,
provided that the notice of suspension
I. Shall specify the nature of the failure, and
II. Shall request the MSP to remedy the failure within a period not exceeding 45 calendar days after
receipt by the MSP of the notice of suspension.
By the Client
The client may terminate this contract in case of the occurrence of any of the events specified in paragraphs
(a) through (d) of this clause occurs. In this case, the client shall give at least 45 calendar days written
notice of termination to the MSP for events referred to in (a) to (d).
Termination – This contract may be terminated by MPPHSCL/DHS as per provision set up below:
If the MSP fails to remedy a failure in the performance of its obligations hereunder, as specified
in a notice of suspension.
If the MSP (or if the MSP consists of more than one entity, if lead member) becomes insolvent or
bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of
any law for the benefit of debtors or go into liquidation or receivership whether compulsory or
voluntary;
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If the MSP fails to comply with any final decision reached as a result of arbitration proceedings.
If, as the result of Force Majeure, the MSP is unable to perform a material portion of the services
for a period of not less than 90 calendar days.
By the MSP
The MSP may terminate this contract, by not less than 180 calendar days written notice to the client and
upon successful completion of exit management as specified under section15, in case any of the events
specified in paragraphs (a) to (d) of this clause occurs
If the client fails to pay any money due to the MSP within 90 calendar days after receiving written
notice from the MSP that the payment is overdue;
If, as the result of Force Majeure, the MSP is unable to perform a material portion of the services
for a period of not less than 90 calendar days;
If the client fails to comply with any final decision reached as a result of arbitration.
If the client is in material breach of its obligations pursuant to this contract and has not remedied
the same within 90 days.
Cessation of Services
Upon termination of this contract by notice of either, the MSP shall, immediately upon dispatch or receipt
of such notice, take all necessary steps to bring the services to a close in a prompt and orderly manner and
shall make every reasonable effort to keep expenditures for this purpose to a minimum in accordance with
section 15- Exit Management.
Upon termination of this contract, the client shall pay the MSP the following:
a) Cost of services till submission/achievement of the milestone prior to the effective date of termination, and
other expenses, actually incurred prior to the effective date of termination.
b) In the case of termination is enforced by the client, reimbursement of any reasonable cost incurred by the
MSP will be done.
Foreclosure
In case the contract is foreclosed by the client, the payment shall be made up to the achievement of the
milestone and the MSP will also be entitled for the payment of 10% of the overall remaining contract value
by the client.
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Director, DHS reserves the right to relax any of the provisions contained herein.
Standards of Performance
The Bidder shall perform the services and carry out their obligations under the Contract with due diligence,
efficiency and economy in accordance with generally accepted professional standards and practices. The
Bidder shall always act in respect of any matter relating to this contract as faithful advisor to DHS. The
Bidder shall always support and safeguard the legitimate interests of DHS, in any dealings with the third
party. The Bidder shall abide by all the provisions/ Acts/ Rules etc. of Information Technology prevalent
in the country and conform to the standards laid down in this RFP document, in totality.
Governing Language for Assignment
The contract shall be written in 'English Language'. English version of the contract shall govern its
interpretation. All correspondences and other documents pertaining to the contract, which are exchanged
between the parties, shall be written in the English Language.
Notice
Any notice, request or consent required or permitted to be given or made pursuant to this contract shall be
in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered
in person to an authorized representative of the party to whom the communication is addressed, or when
sent to such party at the address mentioned in the Contract Agreement.
Forfeiture of Performance Bank Guarantee and/or Additional Bank Guarantee
The PBG and/or ABG submitted by the Bidder shall be forfeited under the following conditions:
If the Bidder violates any conditions mentioned in this RFP.
If the Bidder indulges any activities prejudicial to the interest of DHS.
The decision of DHS regarding forfeiture of BG shall be final and in case of dispute this will be governed
by the section on Dispute Resolution, Arbitration & Legal Jurisdiction as mentioned in this RFP.
Probity and Publicity
MPPHSCL shall require all the Bidders to:
Declare any actual or potential conflict of interest.
Not collude with any other Bidder or any other contractor who is a potential Bidder.
Comply with all laws in force in India applicable to the Bidding procedure.
Not attempt to influence the outcome of the Bidding procedure by offering any employment, payment or
any other incentive to or in any way seek to improperly influence any person employed/ engaged by
MPPHSCL.
Not make any press releases or responses to media enquiries and questions pertaining to Bidding process
or the subsequent selection process without MPPHSCL written approval.
If the Bidders act contrary to these requirements, MPPHSCL reserves the right to:
Terminate consideration of the Bid and
Terminate any contract that may have been executed by MPPHSCL / Director ,DHS with such
Bidder without any obligation on MPPHSCL to make any payments to the Bidder.
Reservation of Rights
MPPHSCL reserves the right to:
Extend the Closing Date for submission of the Bids.
Amend the Bid requirements at any time prior to the closing date, provided that the amendment is
notified to prospective Bidders.
Terminate or abandon this procedure before or after the receipt of Bids.
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Seek the advice of external consultants to assist MPPHSCL in the evaluation or review of Bids.
Make enquiries of any person, company or organization to ascertain information regarding the Bidder
and their Bid.
Extension of Contract
DHS reserves the right to extend the contract for a period of 2 (Two) years with the Terms & Conditions
mutually agreed by both the parties. The extension of the contract will be based on the performance of the
Bidder during the contract period which will be reviewed by DHS on yearly basis.
Breach of Statutes
The successful Bidders shall indemnify DHS against all penalties and liabilities of every kind of breach of any
Statutes, Ordinance, Rules and Regulations or By-laws as may be applicable for and in the execution of the
contract.
The Bidder shall be bound to indemnify DHS against all claims whatsoever in respect of the labor under the
Minimum wages, Provident Fund, ESI & Contract Labour (R &A) Act 1970 etc. In case DHS is held
responsible for making any kind of payment to the laborer/any-other person of the Bidder under any statutory
provision, the said amount shall be deducted from the bills of the Bidder from this contract or any other
contracts or recovered from the amount of Performance Bank Guarantee or as Additional Bank Guarantee or
debt or in any other manner.
The Tenderer shall be bound to indemnify DHS against all claims whatsoever in respect of the said personnel
under the Employees Provident Fund and Miscellaneous Provisions Act, Contract Labour (Regulation and
Abolition ) Act , Bonus Act ,ESI Act , Gratuity Act, Employees Compensation Act, or any statutory
modification thereof or otherwise or in respect of damage or compensation payable in consequence of any
accident or injury sustained by any worker or other persons whether in employment of the tenderer or not.
In case the DHS is held responsible for making any kind of payment to the employee/any other person of the
tenderer under any statutory provision, the said amount shall be deducted from the bills of the DHS or
recovered from the amount of Performance Bank Guarantee and/or Additional Bank Guarantee or as debt or
in any other manner.
Waiver
Any waiver by DHS of any breach of the terms or conditions of the contract shall not constitute waiver of any
subsequent breach of the same.
Miscellaneous
In the event the Bidder's company or the concerned division of the company is taken over/ bought over by
another company, all the obligations under the agreement with DHS, should be passed onto the new company/
new division in the negotiation for their transfer.
The Bidder is required to obtain all necessary licenses which are required to carry out the work as mentioned
in the scope of work of this document. Any further requirement of licenses or obligations on part of the Bidder
not covered otherwise in this RFP, if mandated by Govt or any other regulatory body or DHS shall be fulfilled
by the Bidder. The Bidder shall be solely responsible to bear the cost incurred in full filling the same.
DHS in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to;
Suspend and/ or cancel the bidding process and/ or amend and/ or supplement the bidding process or modify
the dates or other terms and conditions relating thereto;
Consult with any Bidder in order to receive clarification or further information;
Retain any information and/ or evidence submitted to DHS by, on behalf of, and/ or in relation to any Bidder;
and/ or
Independently verify, disqualify, reject and/ or accept any and all submissions or other information and/ or
evidence submitted by or on behalf of any Bidder.
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It shall be deemed that by submitting the bid, the Bidder agrees and releases DHS, its employees, agents and
advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages,
costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/ or performance
of any obligations hereunder, pursuant hereto and/ or in connection herewith and waives any and all rights and/
or claims it may have in this respect, whether actual or contingent, whether present or future.
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15
Special Terms
and Conditions
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15.Special Terms and Conditions
Delegation
MPPHSCL/DHS may delegate any of its duties and responsibilities to other State Health
Department/Officers/agencies or experts after notifying the Bidder and may cancel any delegation after
notifying the Bidder.
Bidder's Risk
All risks of loss or damage to health, property, personal injury or death which may arise during and in
consequence of the performance of the contract or any commercial risks other than the excepted risks which
are the specified responsibility of the Bidder. The Bidder shall be liable for forfeiture of its security. Liquidated
damages. Termination for default, if and to the extent that, it's delay in performance or other failure to perform
its obligations under the Contract is the result of conditions defined as expected tasks.
Title and Risk
All risks, liabilities, and obligations to be performed as of the Scope of Work of the bidder shall be borne by
the Bidder. The Bidder shall always ensure that the hardware, software, any other infrastructure used for
performing the contract shall be free from any lien, charges or other claims,
Indemnification & Limitation of liability
Indemnification:
Subject to Clause 15 (Limitation of Liability) of RFP document. the Bidder (the "Indemnifying Party")
undertakes to indemnify DHS (the "Indemnified Party") from and against all tosses on account of bodily injury,
death or damage to tangible personal property arising in favour of any person, DHS or other entity (including
the indemnified Party) attributable to the Indemnifying Party's negligence or willful default in performance or
non-performance under this Contract.
If the Indemnified Party promptly notifies Indemnifying Party in writing of a third- party claim against
Indemnified Party that any Service provided by the Indemnifying Party infringes a copyright, trade secret or
patents incorporated in India of any third party, Indemnifying Party will defend such claim at its expense and
will pay any costs or damages that may be finally awarded against Indemnified Party.
Indemnifying Party will not indemnify the Indemnified Party, however, if the claim of infringement is caused
by:
Indemnified Party's misuse or modification of the Service;
Indemnified Party's failure to use corrections or enhancements made available by the Indemnifying Party;
Indemnified Party’s use of the Service in combination with any product or information not owned or developed
by Indemnifying Party;
Indemnified Party's distribution, marketing or use for the benefit of third parties of the Service; or
Information, direction, specification or materials provided by Indemnified Party or any third party contracted
to it If any Service is or likely to be held to be infringing, Indemnifying Party shall at its expense and option
either procure the right for Indemnified Party to continue. Replace it with a non-infringing equivalent, modify
it to make it non-infringing.
The foregoing remedies constitute Indemnified Party’s sole and exclusive remedies and Indemnifying Party's
entire liability with respect to infringement.
The indemnities set out in Clause 15.6.1 of RFP document shall be subject to the following conditions:
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The Indemnified Party as promptly as practicable informs the Indemnifying Party in writing of the claim or
proceedings and provides all relevant evidence, documentary or otherwise;
the Indemnified Party shall, at the cost of the Indemnifying Party, give the Indemnifying Party all reasonable
assistance in the Defence of such claim including reasonable access to all relevant information, documentation
and personnel provided that the Indemnified Party may, at its sole cost and expense, reasonably participate,
through its attorneys or otherwise, in such Defence;
if the Indemnifying Party does not assume full control over the defence of a claim as provided in this
Article, the Indemnifying Party may participate in such Defence at its sole cost and expense, and the
Indemnified Party will have the right to defend the claim in such manner as it may deem appropriate, and the
cost and expense of the Indemnified Party will be included in Losses;
the Indemnified Party shall not prejudice, pay or accept any proceedings or claim, or compromise any
proceedings or claim, without the written consent of the Indemnifying Party;
all settlements of claims subject to indemnification under this Clause will be entered into only with the consent
of the Indemnified Party, which consent will not be unreasonably withheld and include an unconditional
release to the Indemnified Party from the claimant or plaintiff for all liability in respect of such claim; and
include any appropriate confidentiality Contract prohibiting disclosure of the terms of such settlement;
the Indemnified Party shall account to the Indemnifying Party for all awards, settlements, damages and costs
(if any) finally awarded in favour of the Indemnified Party which are to be paid to it in connection with any
such claim or proceedings.
the Indemnified Party shall take steps that the Indemnifying Party may reasonably require to mitigate or reduce
its loss as a result of such a claim or proceedings.
in the event that the Indemnifying Party is obligated to indemnify an Indemnified Party pursuant to this Article,
the Indemnifying Party will, upon payment of such indemnity in full, be subrogated to all rights and defences
of the Indemnified Party with respect to the claims to which such indemnification relates; and
if a Party makes a claim under the indemnity in respect of any particular Loss or Losses, then that Party shall
not be entitled to make any further claim in respect of that Loss or Losses (including any claim for damages)
Limitation of Liability:
The aggregate liability of Bidder (whether in contract, tort, negligence, strict liability in tort, by statute or
otherwise) for any claim in any manner related to this Contract, including the work, products or Services
covered by this Contract, shall be the payment of direct damages only which shall in no event exceed the total
value of payable under this Contract. The liability cap given under this Clause shall not be applicable to the
indemnification obligations set out in Clause 15 of RFP document.
In no event shall either party be liable for any consequential, incidental, indirect, special or punitive damage,
loss or expenses (including but not limited to business interruption, lost business, lost profits, or lost savings)
nor for any third-party claims(other than those set-forth in Clause 15 of RFP document) even if it has been
advised of their possible existence.
The allocations of liability in this Section represent the agreed and bargained for understanding of the parties
and compensation for the Services reflects such allocations. Each Party has a duty to mitigate the damages and
any amounts payable under an indemnity that would otherwise be recoverable from the other
Party pursuant to this Contract by taking appropriate and commercially reasonable actions to reduce or limit
the amount of such damages or amounts.
Force Majeure
Definition
For the purpose of this contract, 'Force Majeure' means an event which is beyond the reasonable control of the
party, is not foreseeable, is unavoidable, and makes a party's performance of its obligations hereunder
impossible or so impractical as reasonably to be considered impossible under the circumstances, and subject
to those requirements. Examples include, but are not limited to, pandemic/epidemic, war riots, civil disorder,
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earthquake, fire, explosion storm, flood or other adverse conditions, strikes, and lockouts or other industrial
action, confiscation or any other action by Government agencies.
Force majeure shall not include
i) Any event which is caused by the negligence or intentional action of a party or such Party's Experts, Sub-
contractors or agents or employees, nor
ii) Any event which a diligent party could reasonably have been expected to both consider at the time of
conclusion of this contract, and avoid or overcome in the carrying out of its obligations hereunder
Force majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
No breach of contract
The failure of a party to fulfil any of its obligations hereunder shall not be considered to be a breach of, or
default under, this contract insofar as such inability arises from an event of Force Majeure, provided that the
party affected by such an event has taken all reasonable precautions, due care and reasonable alternative
measures, all with the objective of carrying out the terms and conditions of this contract.
Measure to be taken
A party affected by an event of Force majeure shall continue to perform its obligations under the contract as
far as is reasonably practical and shall take all reasonable measures to minimize the consequences of any event
of Force Majeure.
A party affected by an event of Force Majeure shall notify the other party of such event as soon as possible,
and in case not later than 14 calendar days following its occurrence, providing evidence of the nature and cause
of the event, and shall similarly give written notice of the restoration of normal conditions as soon as possible.
Any period within which a party shall, pursuant to this contract, complete any action or task, shall be extended
for a period equal to the time during which the party was unable to perform the action as a result of Force
Majeure.
During the period of their inability to perform the services as a result of an event of Force Majeure, the MSP
upon instructions by the client, shall either:
demobilize, in which case the MSP shall be reimbursed for additional costs they reasonably and
necessarily incurred, and, if required by the client, in reactivating the services; or
Continue with the services to the extent reasonably possible, in which case the MSP shall continue to
be paid under the terms of this contract and be reimbursed for additional costs reasonably and
necessarily incurred.
In the case of disagreement between the parties as to the existence or extent of Force Majeure, the matter shall
be settled according to Arbitration.
Arbitration
If any dispute or difference of any kind whatsoever shall arise between the MPPHSCL/DHS and the MSP in
connection with or arising out of the Contract, the parties shall make every effort to resolve amicably such
dispute or difference by mutual consultation.
If the parties even after 30 days fail to resolve their dispute or difference by such mutual consultation, then
either the MPPHSCL/DHS or the MSP may give notice to the other party of its intention to commence
arbitration, with respect to such disputes or differences arising out of the terms and conditions of the contract
in accordance with the procedure prescribed under Madhya Pradesh Public Works Contracts Disputed
Arbitration Tribunal Act 2008.
The arbitration shall be in accordance with the procedure prescribed under the Madhya Pradesh Public Works
Contracts Disputed Arbitration Tribunal Act 2008.
Notwithstanding any reference to arbitration herein,
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the parties shall continue to perform their respective obligations under the Contract unless they
otherwise agree; and
the MPPHSCL/DHS shall pay the MSP any money due to the MSP.
The contract shall be governed by and interpreted in accordance with the laws of India from the time being in
force. All disputes arising out of this tender will be subject to jurisdiction of courts of law at Bhopal only.
Exit Management
Exit Management Plan
The bidder shall submit a structured and detailed Exit Management plan including knowledge transfer plan
along with the technical proposal. The bidder needs to update the Transition and Exit management on half
yearly basis or earlier in case of major changes during the entire contract duration. This plan needs to be
discussed and approved by the execution agency or its nominated agency.
Execution Agency may blacklist the company as deemed fit for not complying with the Exit Management plan.
The Exit Management plan shall deal with at least the following aspects of exit management in relation to the
Project Implementation and Scope of work definition:
A detailed program of the transfer process that could be used in conjunction with a Replacement of MSP
including details of the means to be used to ensure continuing provision of the services throughout the transfer
process or until the cessation of the services and of the management structure to be used during the transfer;
Plans for the communication with such of MSP, staff, suppliers, customers and any related third party as are
necessary to avoid any material detrimental
impact on Project's operations as a result of undertaking the transfer;
Plans for provision of contingent support to the Project and Replacement delivery agency for a reasonable
period (minimum three months) after transfer.
Plans for training of the Replacement DHS staff to run the operations of the
Project. This training plan along with the training delivery schedule should be approved by DHS or its
nominated agency. The delivery of training along with handholding support on the same would be the
responsibility of bidder.
At the end of the contract period or during the contract period, if any other delivery agency is identified or
selected for providing services related to the bidder scope of work, the bidder shall ensure that handover is
carried out as per the Terms and Conditions defined in the exit management plan approved by DHS or its
nominated agency.
All risk during transition stage shall be properly documented by the bidder and mitigation measures shall be
planned in advance so as to ensure a smooth transition without any service disruption. The bidder must ensure
that no end of support products (software/ hardware) exist at time of transition.
The transition and exit management period will start Six (6) months before the expiration of the contract. The
bidder will provide shadow support for at least Three (3) months and secondary support for an additional Three
(3) months before the end of the operation period or termination of the contract, as applicable at no additional
cost to DHS.
In case of termination, the exit management period will start from effective date of termination or such other
date as may be decided by DHS or its nominated agency and communicated to the bidder.
Bidder must ensure closing off all critical open issues as on date of exit. All other open issues as on date of
Exit shall be listed and provided to DHS or its nominated agency.
The bidder shall provide necessary knowledge transfer and transition support. The deliverables are indicated
below:
Updated transition plan on periodic basis
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Complete/ Update all the documentations including technical for the entire system handed over to the DHS or
its nominated agency/ replacement bidder/ identified agency.
Handover of all AMC support related documents, credentials etc. for all OEM products supplied/ maintained
in the system. Handover MoUs signed (except the commercial part) for taking services taken from third parties.
Handover of the list of complete inventories of all assets exclusively created for this Project.
Detailed walk-throughs and demos for the solutions deployed for the project.
Hand-over of the entire hardware and software solution including source code (of customized part), program
files, configuration files, setup files, Project documentation, user IDs, passwords, security policies, scripts etc.,
the transaction Portal and Mobile application developed for MPPHSCL/DHS.
Hand-over of the user IDs, passwords, security policies, scripts etc. to replacement MSP.
Knowledge transfer of the system to the incoming delivery agency as per the Terms and Conditions defined in
the Exit Management plan approved by DHS or its nominated agency.
The bidder shall be released from the Project once successful transition is completed by meeting the parameters
defined for successful transition.
The bidder shall ensure that the project data, assets, images in the cloud must be preserved for a period of Three
(3) months from the end of contract. This shall not be deleted/ destroyed without the prior consent of DHS or
its nominated agency.
During the exit management period, the bidder shall use its best efforts to deliver the services.
Payments during the Exit Management period shall be made in accordance with the Terms of Payment Plan.
Training, handholding, and knowledge transfer
The bidder shall hold technical knowledge transfer sessions with designated technical team of DHS and/or any
designated delivery agency in the last six (6) months of the Project duration.
The bidder shall hold operational hand-holding sessions on the complete infrastructure with the designated
officers/ staff members, so that DHS can continue with the scheme even after MSP exits the Project.
Confidentiality
In the course of performing its functions and obligations under this Agreement, Bidder shall maintain strict
secrecy, confidentiality and privacy in respect of the confidential records and information that has come to its
possession or knowledge.
Bidder shall keep confidentiality of the details and information with regard to the Project, including beneficiary
or project related data, systems, facilities, operations, management and maintenance of the systems.
It is agreed between MPPHSCL/DHS or its nominated agency and Bidder that
MPPHSCL/DHS or its nominated agency has a right to prevent or prohibit Bidder at any time from disclosing
any information and records to any person and Bidder shall abide by such decision except as required by any
Statutory bodies or by due process of law.
Bidder agrees that it shall ensure that all its employees, agents/sub-contractor, service providers and any
another related stakeholder are bound by nondisclosure agreements.
All Proprietary Information, documentation and correspondence exchanged between MPPHSCL/DHS or its
nominated agency and Bidder in relation to the Project and the performance of tasks by Bidder shall be treated
as confidential and privileged by the parties and disclosed only to their respective officers, agents,
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representatives, professional advisors and members of Official Committees (if any, formed for the purpose) on
a need to know basis.
Bidder shall treat all information and records provided to it or obtained otherwise by it in connection with the
Project or its implementation as confidential and not use the same wholly or partially for any purpose other
than for discharging the obligations under this Agreement, without the prior written approval of
MPPHSCL/DHS or its nominated agency except as required by any Statutory bodies or by due process of law.
Information that is in the public domain shall not be considered as confidential information under this
Agreement.
Change of Control
In the event of a Change of Control of the Bidder during the Term, the Bidder shall promptly notify DHS
and/or its nominated agencies of the same with in a period of 15 days.
In the event that if the Net Worth of the surviving entity is less than that of Bidder prior to the change of
control, the DHS or its nominated agencies may within 30 days of becoming aware of such change in control,
require a replacement of existing Performance Bank Guarantee and/or Additional Bank Guarantee furnished
by the Bidder from a guarantor acceptable to the DHS or its nominated agencies (which shall not be Bidder or
any of its associated entities).
If such a guarantee is not furnished within 30 days of the DHS or its nominated agencies requiring the
replacement, the DHS may exercise its right to terminate this Agreement within a further 30 days by written
notice, to become effective as specified in such notice.
Pursuant to termination, the effects and consequences of termination as set out in Clause14 of this RFP.
For the avoidance of doubt, it is expressly clarified that the internal reorganization of the Bidder shall not be
deemed an event of a change of control for purposes of this Clause unless the surviving entity is of less net
worth than the predecessor entity.
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16
Timelines and
Payment
Schedule
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6 Customization of T+6 months • Supply, development,
Integrated suite of IT (IT customization/configurat
suite-I) application including ion/ integration,
deployment of
HMIS-I (Front Office applications and
Registration & Billing submission of
withABDM Standards, documents
Telemedicine, • DataMigration Plan
Emergency, Patient • Training Plan
Portal, Ambulance,Radiology • User Manual and
Information Handouts for IT
System, Laboratory Suite-I
Information Management • Training Manual
System, Pharmacy, for ITSuite-I,
Inventory, • Self-running
demos for IT Suite-
MIS/Dashboard) I
• SatisfactoryTraini
Integration with Supply Chain ngCompletion
ManagementIntegration with FeedbackReport
Asset Management Mobile • UserAcceptance
Health programme,CentralMIS Test Certificate for
Dashboard, Integration with Project IT Suite-
Field worker apps-, Integration 1
with Finance Stage wise— Phase wise
Management,Integration with Data
HumanResourceManagementSys Migration Completion
tem, Integration with Centralized Report
Accident and,
Integration with
Centralized IT
Helpdesk/Incident Management
7 Pilot run of IT suite 1 in one T+6.5 months • Stabilization 2%
District Certificate for IT-Suite 1
Module for all 1 District
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8 Incorporation of changes in IT T+7.5 months • Supply, development, --NA--
suite 1 and formation of IT suite customization/configuratio
2. Which will include below n/ integration, deployment
mention applications integrated of applications and
with IT suite 1 submission of documents
• DataMigration Plan
HMIS-2 (Admission, Discharge •Training Plan
& Transfer, Imaging and • User Manual and
Radiology (PACS), Lab Handouts for IT Suite- 1 &
Equipment Integration, 2 &3
Inpatient Management, • Training Manual for IT
Operation Theatre, Physician Suite-1 & 2 & 3
order entry- Op, Physician order • Self-running demos for IT
entry – IP & ER, Medical Suite-1 & 2 & 3
Record, Mobile Apps (Doctor • Satisfactory Training
Orders, Feedback Completion Feedback
Management)) Report
• User Acceptance Test
Other Applications integration Certificate for Project Suite
through API- Learning 1&2&3
Management Solution, Quality • Stage wise–Phase wise
Management System, Project Data Migration Completion
Management Report
• Management of changes
or It Suite 1 & 2
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10 Incorporation of changes in T+9 • Supply, development, NA
IT suite 2 and formation of months customization/configuration/ integration,
IT suite 3.Which will deployment of applications and
include below mention submission of documents
applications integrated • DataMigration Plan
with IT suite 1 and IT suite •Training Plan
2 • User Manual and Handouts for IT
Suite- 1 & 2 &3
HMIS-3 (IP Billing, • TrainingManual for IT
Integration with Blood Suite-1 & 2 & 3
Bank Management • Self-running demos for IT Suite-1 & 2
System, Payment &3
Gateway Integration, • Satisfactory Training Completion
Biomedical Engineering Feedback Report
Biomedical Waste • User Acceptance Test Certificate for
Management, Linen & Project Suite 1 & 2 & 3
Laundry Development) • Stagewise–Phasewise Data Migration
Completion Report
Other Applications- • Management of changes or It Suite 1 &
Patient data analytics and 2
forecasting
11
• Stabilization Certificate for IT-Suite 1,2
Pilot run of IT Suite 3 in T+9.5 & 3 Modules in 3 Districts
three districts Months 1%
12 Incorporation of changes in T+10 • Submission of DistrictwiseRoll-out
IT suite3. District wise months Plan
roll-out plan submission • Management of changes of IT Suite 3
13 • Stabilization Certificate for all IT Suites
T+12 2%
Go Live in 3 Districts months in 3 Districts
14 • Stabilization Certificate for all IT Suites
T + 13 2%
Go Live in 12 Districts months in 12 Districts
15 • Stabilization Certificate for all IT Suites
T + 14 2%
Go Live in 12 Districts months in 12 Districts
16 • Stabilization Certificate for all IT Suites 5%
T + 15
Go Live in 25 Districts months in 25 Districts
17
Dashboard for top T + 16 • Submission of Screen of Dashboards to
4%
management months competent authority for Sign-off
18
Web portal of the Health T + 17 • Stabilization Certificate for Web Portal
Department months
19 Review report of integrated T + 18
• Submission of Review Report
information system months
20 Handling over of entire 7%
integrated information
system to the • Acceptance and Sign-off from the
agency/department as competent authority
designated by the health T + 18
Department (T1) months
Total till Go-Live 40% 30%
Operations and Maintenance Stage (30%)
21
Incentives:
In Case the MSP the completes the implementation work, before the stipulated timeline (point No.20 of the
above-mentioned table: Handling over of entire integrated information system to the agency/ department
as designated by the Health Department —T1). The MSP will be entitled for incentive amount over and
above the contact value. The incentive amount will be equal to 0.5% of total contract value (TCV) per
month.
Example:
Sr. Implementation Completion of Incentive to be paid % of TCV
No. Period Implementation
Activities by the MSP
18 Months 16 Months 2 Months @0.5% of TCV 1%
1
2 18 Months 14 Months 4 Months@0.5% of TCV 2%
17
Service Level
Agreement
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1. "Uptime" shall mean the time period for which the specified services / components with specified
technical and service standards are available for applications. Uptime, in percentage, of any
component (Non-IT and IT) can be calculated as:
Uptime = {1- [(System Downtime) / (Total Time — Planned Maintenance Time)]} * 100
2. "Downtime" shall mean the time period for which the specified services / components with specified
technical and service standards are not available for application Users, the scheduled outages /
Planned Maintenance time planned in advance for core applications, related infrastructure and link
failures. This includes Servers, Routers, Firewall, Switches, all servers and any other IT and non-IT
infrastructure, their subcomponents etc. at all Project locations etc. The planned maintenance time /
scheduled downtime will include activities like software upgrades, patch management, security
software installations etc.
3. The selected MSP will be required to schedule 'planned maintenance time' with prior approval of
DHS. This will be planned outside working time. In exceptional circumstances, DHS may allow the
MSP to plan scheduled downtime in the working hours.
4. "Incident" refers to any event / abnormalities in the functioning of the applications, Infrastructure and
services that may lead to disruption in normal operations.
5. "Helpdesk Support" shall mean the 24x7 center which shall handle Fault reporting, Trouble Ticketing
and related enquiries during this contract. This is the requirement of total human resources. The MSP
is free to plan deployment of resources accordingly. The MSP shall be responsible to deploy human
resource as per call volume during various shifts and meet the defined Service Level Agreements.
6. "Response Time" shall mean the time incident is reported to the help desk and an engineer is assigned
for the call.
7. "Resolution Time" shall mean the time taken (after the incident has been reported at the helpdesk), in
resolving (diagnosing, troubleshooting and fixing) or escalating (to the second level) getting the
confirmatory details about the same from the MSP and conveying the same to the end user), the
services related troubles during the first level escalation
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The resolution time shall vary based on the severity of the incident reported at the help desk. The severity
would be as follows:
1. Critical / High: Applications down impacting critical business functions or multiple modules/functions
down impacting users on daily operations or any module /functionality deemed as highly critical by DHS.
2. Medium: One module/functionality down impacting critical business functions having major impact on
daily operations.
3. Low: Loss of business functionality for less than 10 users impacting day to day operations or minor
functionality down impacting less than 10 users.
Commencement of SLA: The SLA shall commence from implementation period itself for adherence to the
implementation plan. The penalty will be deducted from the next payment milestone during the
implementation period. During the O & M period, the penalty will be deducted from the quarterly payments.
Sr. SLA Parameter Metric / Target Basis Penalty Remarks
No
1 Key Resource Replacement of Within 45 days of Per INR 25,000 per Resource Per
Deployment of key release of existing Occurrence Week
Manpower Resources resource
2 Application Average API Less than or equal to Average No Penalty Penalty will be
Performance Response as average 3 seconds Occurrence per deducted from
measured by per month Quarter Quarterly
EMS/APM tool 3 to 5 Seconds Severity - 5 payment. Refer
5 to 7 Seconds Severity - 4
the table below
7 to 9 Seconds Severity - 3
for
10 to13 Seconds Severity
>=13 Seconds Severity – 1 Service
Levels Rankings
and Priority
penalty clause for
technical
3 Application Ecosystem >=99.99% Average No Penalty
Performance Infrastructure Monitor Occurrence per Severity - 5
Uptime Important Quarter Severity - 4
Urgent Severity - 3
Critical Severity –
Outage Severity – 1
5 Security Audit Third Party Once every year Per Rs. 100,000 per
Security Audit occurrence week
Certificate
6 Training Adherence to 95% of the Batches 1,000 per
training batches at planned breach per batch.
timetable individual per
locations institution
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RFP for Selection of MSP for Madhya Pradesh State Health System
Delivered at monthly
Monthly intervals by the 5th
1000 per additional
16 Status of every month with
week's delay
Report the details of the
previous month
Note:
The down time will be calculated on quarterly basis. Non-adherence to any of the services as mentioned below
will lead to penalty as per the SLA clause and will be used to calculate downtime.
The downtime calculated shall not include the following
o Down time due to hardware/software and application which are not provided byMSP
Note
The down time will be calculated on quarterly basis. Non-adherence to any of the services as mentioned below
will lead to penalty as per SLA clause and will used to calculate downtime.
o The downtime calculated shall not include the following
o Down time due to hardware/software and application which are not provided by MSP
o Negligence or other conduct of execution agency or its agents, including a failure or malfunction resulting
from applications or services provided by Execution agency or its vendors.
o Failure or malfunction of any equipment or services not provided by the Bidder.
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RFP for Selection of MSP for Madhya Pradesh State Health System
However, it is the responsibility/ onus of the selected Bidder to prove that the outage is attributable to DHS. The
selected Bidder shall obtain the proof authenticated by the DHS's official that the outage is attributable to the
DHS.
The maximum penalty will be up to 5% of total project cost as per the Commercial bid submitted by the Bidder
The Agency shall deploy sufficient human resource suitably qualified and experienced in shifts to meet the
SLA. Agency shall appoint as many team members as deemed fit by them, to meet the time Schedule and SLA
requirements.
Once a maximum penalty of 5% of the contract value is reached, DHS has the right to call for the annulment
of contract.
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RFP for Selection of MSP for Madhya Pradesh State Health System
I hereby declare that I have scrutinized and audited the financial statements of M/S .
Turnover* of the bidder (name of the Bidder) as on 31st march 2023 as per audited statement is as follows:
Financial Year Turnover (INR Crore) Net-worth (INR Crore)
2019-20
2020-21
2021-22
I also certify that M/S has not filed for insolvency in the last 3 financial year as
disclosed by the records and documents produced before us and information and explanation given to us.
For
M/S. .... ..
Chartered Accountants / Statutory Auditor
Signature
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RFP for Selection of MSP for Madhya Pradesh State Health System
To,
The Managing Director
MPPHSCL
Bhopal, Madhya
Pradesh
Dear Sir,
In accordance with eligibility requirements of this tender process, we<<Name of
the Bidding firm>>wish to declare that we have an experience of implementing
following solution in Digital Health Domain;
Yours faithfully,
Phone
Email
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RFP for Selection of MSP for Madhya Pradesh State Health System
MPPHSCL
Bhopal, Madhya
Pradesh
Dear Sir,
With reference to the above subject, we hereby wish to inform that, <Name of the Firm> hasn't been
debarred by any Central / State Government Department / Institution as on the date of submission of the
Bid which may have any impact on our ability to deliver the project (if awarded) or under a declaration
of ineligibility for corrupt or fraudulent practices as on date
We hope that this undertaking provided hereinabove shall suffice the purpose. In case you need and further
clarification, we would be glad to provide the same.
Yours faithfully,
Email ..................................................
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RFP for Selection of MSP for Madhya Pradesh State Health System
Annexure-IV: Project Details Certificate by Chartered Accountant
/Statutory Auditor
I hereby declare that I have scrutinized and audited the projects details and its financial statements of
M/s __________________ Project wise revenue/ payment received by the bidder (name of the Bidder)
as on DDMMYYYY as per audited statement is as follows:
I also certify that M/Shas carried out projects in the above mention
Domain/ Services as disclosed by the records and documents produced before us and information and
explanation given to us.
For
M/S. ......
Chartered Accountants
Signature
Name of Chartered Accountant / Statutory Auditor
Membership No./
Seal/ Stamp
Date
Place
UDIN NO-
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RFP for Selection of MSP for Madhya Pradesh State Health System
# Items Guidelines
Name of the personnel: <Name of the personnel>
1.
Designation
2. <Designation in bidding firm>
Proposed position for the project: <Responsibility Area in the project >
3.
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RFP for Selection of MSP for Madhya Pradesh State Health System
Qualification Criteria
Bidder(s) to provide compliance checklist along with page-wise indexing of all supporting documents
for Section 10 - Pre-Qualification Criteria and Section 11 - Technical Evaluation Criteria.
• An entity
registered under
LLP Act 2008 and
subsequent
amendments
thereto.
or
Partnership firms
registered under
Indian Partnership
Act, 1932 and
subsequent
amendments
thereto
or
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RFP for Selection of MSP for Madhya Pradesh State Health System
• Firms registered
under The
Societies
Registration Act,
1860 and
subsequent
amendments
thereto
The member
firms in case of
consortium /
sole bidder must
have registered
offices in India.
2. Total The Bidder should Certificate issued by
Turnover have average Statutory Auditor/CA for
annual turnover of Turnover with
INR 50 (Fifty) Unique
(Shall be Crores in the last Document
applicable three financial Identifier
for lead years (i.e. 2019-
Number
consortium 2020, 2020-
(UDIN). (Please refer Annexure - l)
member in 2021& 2021-
case of 2023) from IT /
consortium) ITES / Consulting
Services.
refer Annexure - l)
Note:
Net worth of any
parent, subsidiary,
associated or other
related entity will
not be considered.
4. Power of Bidder must submit Board resolution OR Power of Attorney with
the copy of board appropriate supporting document
Attorney resolution or the
power of attorney of
authorized signatory
along with the bid
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RFP for Selection of MSP for Madhya Pradesh State Health System
5. Debarment The bidder should Self-certification by the authorized signatory
not be debarred for
fraudulent and (Please refer
corrupt practices Annexure - Ill)
(Shall be
applicable by any
for all State/Central
members of Government entity
in India as on date
of bid submission
Consortium
including
lead
consortium
member in
case of
consortium)
(Shall be
applicable
for lead
consortium
member in
case of
consortium)
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RFP for Selection of MSP for Madhya Pradesh State Health System
Checklist for Technical Evaluation Criteria
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RFP for Selection of MSP for Madhya Pradesh State Health System
Or (Please
referAnnexure-II&
If Project cost shall be more
IV)
than INR 01 cr. To INR 05
Cr (maximum up to 6
projects) — Max. 06 Marks
3. Additional 02 Marks (1
mark for each project) if
the bidder has
experience of
maintenance of contract
for minimum 3 years in
last 5 years
3. Bidder's Experience: • Copy of Work order/
Client certificate/
The bidder or consortium members Contract copy AND with
have experience in Government Client project completion
Advisory cum Supervision & certificate specifying the
Monitoring related engagement project details and value vis
involving mobilization of minimum a vis the criteria stated in
of 100 team members on ground the RFP. In case of an on-
and providing state-wide going project phased
implementation support in completion certificate
Infrastructure / Development sector (provided by client)
projects in any Government / State should be submitted.
Government / PSUs in last five And
years (from FY 2017-22) A certificate from the Statutory Auditor/CA of the
Bidder stating theproject details vis a vis the criteria
If project cost is more stated in the RFP stating value of the Project.
than INR 50 Cr.
(maximum up to 03
projects) — Max. 03 (Please refer Annexure —Il
Mark & IV)
Additional 01 marks if
the project is executed in
health domain sector
involving deployment of
more than 500 human
resource at the
State/Dist./Block level for
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RFP for Selection of MSP for Madhya Pradesh State Health System
Additional 01 mark if
the project is executed in
State of Madhya Pradesh
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RFP for Selection of MSP for Madhya Pradesh State Health System
Solution components and
Output
Human Resources
Deployment Plan and
Delivery Timeline
Equipment & tools proposed
Training Methodology
Adoption strategy
ABDM enablement strategy
Strategy for achieving
outcomes
Risk Mitigation Plan
O&M Methodology
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RFP for Selection of MSP for Madhya Pradesh State Health System
Annexure-Vll: Technical Bid Submission Cover Letter
Date:
To,
The Managing Director
MPPHSCL
Bhopal, Madhya Pradesh
Sub: Technical Bid Submission
(RFP Ref No.:
Dear Sir,
We are pleased to submit our Technical bid for proposal for 'Selection of Managed Service Provider for
Madhya Pradesh State Health System Digitization.
I declare that, I am authorized person to submit the technical bid.
I hereby declare that our Technical bid is complete in all respects and certify:
1. That all documents and Information's furnished are correct in all respects to the best of my
knowledge and belief.
2. That I have not suppressed or omitted any information as desired in R.F.P. document "If found
faulty/ improper, the MPPHSCL can act against the bidder by disqualifying/ debarring in the
bid".
Name
……………………………………………………
…
Designation
…………………………………………….
Address………………………………………
………….
Phone
……………………………………………………
….
Email…………………………………………
………….
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RFP for Selection of MSP for Madhya Pradesh State Health System
Date:
Tender Inviting Authority: MPPHSCL
Name of Work:
Note:- 1- Price Exclusive of GST and GST will be calculated by MPPHSCL at prevailing applicable rates.
2. L1 will be decided as per the RFP Clause no. 12 "Evaluation of Bids/Proposal"
2- Financial score will be decided by Considering addition of basic price of all the Component as mentioned below .
Name of
the
Bidder/
Bidding
Firm /
Company
:
PRICE SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevent columns, else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name and Values only )
NUMBER TEXT # TEXT # NUMBER NUMBER NUMBER # NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER # TEXT #
# #
Sl. Item Description Item No. Estimated Location X Basic Unit rate SGST CGST IGST GST Unit Price Unit Price Total Contract Value TOTAL AMOUNT TOTAL AMOUNT
No. Quantity Year inclusive of (For MP (For MP (For Outside Amount Exclusive of (Inclusive Without Taxes In Words
warranty as Suppliers Suppliers MP GST of GST) in
specified in only) only) Suppliers) (Comparative Rs. P
tender % % % unit Rate for
document deciding L1 )
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
1 Software
Capex-HMIS Software as per RFP (Per 0.00 0.00 0.00 0.00 0.00
1.001 Item01 1 67.00 INR Zero Only
Location)
Opex-Manpower (52 DH+15 Medical
1.002 College-02 Resources Per Location for 05 Item02 1 670.00 0.00 0.00 0.00 0.00 0.00 INR Zero Only
Years) (67x02x05)
Opex- Manpower Project Manager (Per
1.003 Item03 1 5.00 0.00 0.00 0.00 0.00 0.00 INR Zero Only
Year)
1.004 Opex- Program Manager (Per Year) Item04 1 5.00 0.00 0.00 0.00 0.00 0.00 INR Zero Only
1.005 Opex- Subject Matter Expert (Per Year) Item05 1 5.00 0.00 0.00 0.00 0.00 0.00 INR Zero Only
1.006 Opex- Application Lead (Per Year) Item06 1 5.00 0.00 0.00 0.00 0.00 0.00 INR Zero Only
1.007 Opex- Solution Architect (Per Year) Item07 1 5.00 0.00 0.00 0.00 0.00 0.00 INR Zero Only
** MPPHSCL may consider utilizing the services of bidder to implement/accommodate any change
request that are not port of the scope of this RFP on the person-month utilization concept. Further, the
person-month bundle rate shall be considered as a port of price bid evaluation, however the same shall
not be considered as part of total contract value.
The price quoted above is exclusive of all types of costs, taxes, duties, cess, surcharges, levies,
GST etc. and expenses and any other financial cost or implication. (To be shown separately)
We hereby agree to abide by all the terms and conditions laid down in the tender documents.
Note: - To be provided by Bidder or Lead Consortium Member (in case of Consortium)
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RFP for Selection of MSP for Madhya Pradesh State Health System
Annexure IX- FORMAT FOR BANK GUARANTEE FORM FOR EMD
To
Managing Director,
Madhya Pradesh Public Health Services Corporation, MPPHSCL
(1) If the Bidder withdraws or amends impairs or derogates from the tender in any respect within
the period of validity of this tender.
(2) If the Bidder having been notified of the acceptance of his tender by the Tender Inviting
Authority during theperiod of its validity: -
a) Fails or refuses to furnish the performance security for the due performance of the contract. Or
c) If it comes to notice that the information/documents furnished in its tender is incorrect, false,
misleading or forged.
We undertake to pay the Tender Inviting Authority up to the above amount upon receipt of its first
written demand, without the Tender Inviting Authority having to substantiate its demand, provided
that in its demand the Tender Inviting Authority will note that the amount claimed by it is due to it
owing to the occurrence of oneor both the two conditions, specifying the occurred condition(s).
This guarantee will remain in force for a period 180 days after due date of opening of techno-
commercial bids and any demand in respect thereof should reach the Bank not later than the above
date.
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General
This pre-contract agreement (hereinafter called the "Integrity Pact" or "Pact") is made on <<day>>> of
<<month, year>>, between, on one hand, the Directorate of Health Services (DHS), Madhya Pradesh
acting through Executive Director, DHS Madhya Pradesh (hereinafter called the "BUYER", which
expression shall mean and include, unless the context otherwise requires, his successors in office and
assigns) of the First Part.
AND
M/s <<Bidder's legal entity >> represented by <<name and designation>> (hereinafter called the
"BIDDER/Seller", which expression shall mean and include, unless the context otherwise requires, his
successors and permitted assigns) of the Second Part.
WHEREAS the BUYER proposes to Select Managed Service Provider for Madhya Pradesh State Health
System Digitization for a period of 5 (Five) years from the date of Award of Contract and the BIDDER
is willing to offer the services and WHEREAS the BIDDER is a proprietorship/ private company/public
company/Government undertaking/partnership/registered, constituted in accordance with the relevant
law in the matter and the BUYER is DHS.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered
into with a view to:
Enabling the BUYER to obtain the desired services at a competitive price in conformity with the defined
specification by avoiding the high cost and the distortionary impact of corruption on public procurement,
and
Enabling BIDDERS to abstain from bribing or indulging in any corrupt practice in order to secure the
contract by providing assurance to them that their competitors will also abstain from bribing and other
corrupt practices and the BUYER will commit to prevent corruption, in any form, by its officials by
following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
1. Commitments of the BUYER
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RFP for Selection of MSP for Madhya Pradesh State Health System
The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the
contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe,
consideration, gift, reward, favor or any material or immaterial benefit or any other advantage from the
BIDDER, either for themselves or for any person, organization or third party related to the contract in
exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process
related to the contract.
The BUYER will, during the pre-contract stage, treat all the BIDDERS alike, and will provide to all
BIDDERS the same information and will not provide any such information to any particular BIDDER
which could afford an advantage to that particular BIDDER in comparison to other BIDDERS.
All the officials of the BUYER will report to the appropriate Government office any attempted or
completed breaches of the above commitments as well as any substantial suspicion of such a breach,
2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to
the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER,
necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings
may be initiated by the BUYER and such a person shall be debarred from further dealings related to the
contract process. In such a case while an enquiry is being conducted by the BUYER the proceedings
under the contract would not be stalled.
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The BIDDER further confirms and declares to the BUYER that the BIDDER has not engaged any
individual or firm or company whether Indian or foreign to intercede, facilitate or in any-way to
recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of
the contract to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such
individual, firm or company in respect of any such intercession, facilitation or recommendation.
The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the
contract, shall disclose any payments he has made, is committed to or intends to make to officials of the
BUYER or their family members, agents, brokers or any other intermediaries in connection with the
contract and the details of services agreed upon for such payments.
The BIDDER will not collude with other parties interested in the contract to impair the transparency,
fairness and progress of the bidding process, bid evaluation, contracting and implementation of the
contract.
The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and
illegal activities.
The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to
others, any information provided by the BUYER as part of the business relationship, regarding plans,
technical proposals and business details, including information contained in any electronic data carrier.
The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.
The BIDDER commits to refrain from giving any complaint directly or through any other manner
without supporting it with full and verifiable facts.
The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions
mentioned above.
If the BIDDER who is involved in the bid process or any employee of such BIDDER or any person
acting on behalf of such BIDDER, either directly or indirectly, is a relative of any of the
officers/staff/employee of the BUYER, or alternatively, if any relative of an officer of
BUYER who is involved in the bid process has financial interest/stake in the BIDDER's firm, the same
shall be disclosed by the BIDDER at the time of filing of tender.
The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or
transactions, directly or indirectly, with any employee of the BUYER.
The definition is as follows:-
i) "employee of such BIDDER or any person acting on behalf of such BIDDER" means only those
persons acting on behalf of such bidder who are involved in the bid process / Project Insight.
ii) "officers/employee of the BUYER" means only those persons who are involved in the bid process /
Project Insight.
iii) "Financial interest/ stake in the BIDDER's firm" excludes investment in securities of listed
companies".
4. Previous Transgression
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The BIDDER declares that no previous transgression occurred in the last three years immediately before
signing of this Integfrity Pact, with any other company in any country in respect of any corrupt practices
envisaged hereunder or with any Public Sector Enterprise in India or any State/ Central Government in
India that could justify BIDDER's exclusion from the tender process.
The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified
from the tender process or the contract, if already awarded, can be terminated for such reason.
5. Performance Bank Guarantee
The Bidder's EMD deposited along with the bid shall remain valid till the submission of Performance
Bank Guarantee and Additional Bank Guarantee by the BIDDER.
In case of the successful BIDDER, a clause would also be incorporated in the Performance
Bank Guarantee and Additional Bank Guarantee that the provisions of Sanctions for
Violation shall be applicable for forfeiture of Performance Bank Guarantee and Additional Bank
Guarantee in case of a decision by the BUYER to forfeit the same without assigning any reason for
imposing sanction for violation of this Pact.
Within 21 days of the receipt of notification of award from DHS the successful Bidder shall furnish the
Performance Bank Guarantee t equal to @ 3% of the total Contract value & Additional Bank Guarantee
equal to @3% of the contract value (For 2 Years —Implementation Period) of the project drawn from
a Nationalized Bank or Private Sector Banks or Commercial Banks in accordance with the Clause 13.
(Award of Contract) of RFP document, in the proforma prescribed at Annexure XVI of the RFP.
Performance Bank Guarantee should remain valid for a period of 180 days beyond all the contractual
obligations/ completion of contract period/ tenure of the appointment.
Additional Bank Guarantee should remain valid for a period of 60 days beyond two years
(Implementation Period). No interest shall be payable by the BUYER to the BIDDER on Performance
Bank Guarantee & Additional Bank Guarantee for the period of its currency.
6. Sanctions for Violations
Any breach of the aforesaid provisions by the BIDDER or anyone employed by it or acting on its behalf
(whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one
of the following actions, wherever required:
To immediately call off the pre-contract negotiations without assigning any reason or giving any
compensation to the BIDDER. However, the proceedings with the other
BIDDER(s) would continue.
ii. The Earnest Money Deposit (in pre-contract stage) and/or Performance Bank Guarantee &
Additional Bank Guarantee (after the contract is signed) shall stand forfeited either fully or partially, as
decided by the BUYER and the BUYER shall not be required to assign any reason, therefore.
To immediately cancel the contract, if already signed, without giving any compensation to the
BIDDER.
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iv. To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with
interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India,
while in case of a BIDDER from a country other than India with interest thereon at 2% higher
than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in
connection with any other contract for any other stores, such outstanding payment could also
be utilized to recover the aforesaid sum and interest.
v. To encase the advance bank guarantee/DD and Performance Bank Guarantee / Additional Bank
Guarantee, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER,
along with interest.
vi. To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay
compensation for any loss or damage to the BUYER resulting from such
cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from
the money(s) due to the BIDDER.
vii. To debar the BIDDER from participating in future bidding processes of the MPPHSCL/ DHS for a
minimum period of Five (5) years, which may be further extended at the discretion of the BUYER.
viii. To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent
or broker with a view to securing the contract.
ix. In cases where irrevocable Letters of Credit have been received in respect of any contract
signed by the BUYER with the BIDDER, the same shall not be opened.
x. Forfeiture of Performance Bank Guarantee and/or Additional Bank Guarantee in case of a decision by
the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this
Pact.
The BUYER will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of
this Pact also on the Commission by the BIDDER or anyone employed by it or acting on its
behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in
Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other
statute enacted for prevention of corruption.
The decision of the BUYER to the effect that a breach of the provisions of this Pact has been
committed by the BIDDER shall be final and conclusive on the BIDDER. However, the
BIDDER can approach the Procurement Committee appointed by the Buyer.
7. Fall Clause
The BIDDER undertakes that under similar buying conditions, Bidder has not supplied/is not supplying
similar product/systems/ services or subsystems at a price lower than that offered in the present bid in
respect of any other Department or PSU or Corporation and if it is found at any stage that similar
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product/systems/services or subsystems was so supplied by the BIDDER to any other Department or a
PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the
present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the
contract has already been concluded.
8. Facilitation of investigation
In case of any allegation of violation of any provisions of this Pact or payment of commission, the
BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts
of the BIDDER and the BIDDER shall provide necessary information and documents in English and
shall extend all possible help for the purpose of such examination.
9. Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is Madhya Pradesh.
11. Validity
The validity of this Integrity Pact shall be from date of its signing and extend up to a period of Five (5)
years from the date of Award of Contract and any extended period notified by BUYER.
The complete execution of the contract to the satisfaction of both the BUYER and the
BIDDER/Seller, including warranty period, whichever is later, in case BIDDER is unsuccessful, this
integrity Pact shall expire after six months from the date of the signing of the contract.
Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall
remain valid. In this case, the parties will strive to come to an agreement to their original intentions.
12. The parties hereby sign this Integrity Pact at on
BUYER BIDDER
Witness Witness
1.
1.
2.
2.
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Managing Director
WHEREAS:
“Concessionaire”) have entered into an Agreement dated [dd/mm/yyyy] (the “Agreement”) whereby the
Authority has agreed to the Concessionaire for undertaking the ……………..Project in accordance with
the provisions of the Agreement.
B. The Agreement requires the Concessionaire to furnish a Performance Security to the Authority/TIA in
a sum of [INR. [….] (Rupees in words [....])] (the “Guarantee Amount”) as security for due and faithful
performance of its obligations, under and in accordance with the Agreement, during the
Implementation Period (as defined in the Agreement).
C. We, ……………………… through our Branch at ..............................(the “Bank”) have agreed to furnish this
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as
follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance of the
Concessionaire’s obligations during the Implementation Period Liability Period, under and in
accordance with the Agreement, and agrees and undertakes to pay to the Authority/TIA, upon its mere
first written demand, and without any demur, reservation, recourse, contest or protest, and without
any reference to the Concessionaire, such sum or sums up to an aggregate sum of the Guarantee
Amount as the Authority/TIA shall claim, without the Authority being required to prove or to show
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grounds or reasons for its demand and/or for the sum specified therein.
2. A letter from the Authority/TIA, under the hand of an Officer not below the rank of [●], that the
Concessionaire has committed default in the due and faithful performance of all or any of its obligations
under and in accordance with the Agreement shall be conclusive, final and binding on the Bank. The
Bank further agrees that the Authority/ TIA shall be the sole judge as to whether the Concessionaire is
in default in due and faithful performance of its obligations during the Implementation Period under
the Agreement and its decision that the Concessionaire is in default shall be final, and binding on the
Bank, notwithstanding any differences between the Authority/ TIA and the Concessionaire, or any
dispute between them pending before any court, tribunal, arbitrators or any other authority or body,
or by the discharge of the Concessionaire for any reason whatsoever.
3. In order to give effect to this Guarantee, the Authority/ TIA shall be entitled to act as if the Bank were
the principal debtor and any change in the constitution of the Concessionaire and/or the Bank, whether
by their absorption with any other body or corporation or otherwise, shall not in any way or manner
affect the liability or obligation of the Bank under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority/ TIA to proceed
against the Concessionaire before presenting to the Bank its demand under this Guarantee.
5. The Authority/ TIA shall have the liberty, without affecting in any manner the liability of the Bank under
this Guarantee, to vary at any time, the terms and conditions of the Agreement or to extend the time
or period for the compliance with, fulfilment and/or performance of all or any of the obligations of the
Concessionaire contained in the Agreement or to postpone for any time, and from time to time, any of
the rights and powers exercisable by the Authority/ TIA against the Concessionaire, and either to
enforce or forbear from enforcing any of the terms and conditions contained in the Agreement and/or
the securities available to the Authority, and the Bank shall not be released from its liability and
obligation under these presents by any exercise by the Authority of the liberty with reference to the
matters aforesaid or by reason of time being given to the Concessionaire or any other forbearance,
indulgence, act or omission on the part of the Authority/ TIA or of any other matter or thing whatsoever
which under any law relating to sureties and guarantors would but for this provision have the effect of
releasing the Bank from its liability and obligation under this Guarantee and the Bank hereby waives
all of its rights under any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or security now or which
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may hereafter be held by the Authority/ TIA in respect of or relating to the Agreement or for the
fulfillment, compliance and/or performance of all or any of the obligations of the Concessionaire under
the Agreement.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Guarantee is
restricted to the Guarantee Amount and this Guarantee will remain in force for the period specified in
paragraph 8 below and unless a demand or claim in writing is made by the Authority/ TIA on the Bank
under this Guarantee, not later than 6 (six) months from the date of expiry of this Guarantee, all rights
of the Authority/ TIA under this Guarantee shall be forfeited and the Bank shall be relieved from its
liabilities hereunder.
8. Upon request made by the Concessionaire for release of the Performance Security along with the
particulars required hereunder, duly certified by a statutory auditor of the Concessionaire, the
Authority/ TIA shall release the Performance Security forth with.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous express
consentoftheAuthorityinwritinganddeclaresthatithasthepowertoissuethisGuaranteeandthe undersigne
d has full powers to do so on behalf of the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to the
Bank at its above referred Branch, which shall be deemed to have been duly authorized to receive such
notice and to effect payment thereof forthwith, and if sent by post it shall be deemed to have been
given at the time when it ought to have been delivered in due course of post and in proving such notice,
when given by post, it shall be sufficient to prove that the envelope containing the notice was posted
and a certificate signed by an officer of the Authority that the envelope was so posted shall be
conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force and effect for a
period of one year or until it is released earlier by the Authority pursuant to the provisions of the
Agreement.
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For and on behalf of the BANK by:
(Signature)
(Name)
(Designation)
(Address)
NOTES:
(i) The bank guarantee should contain the name, designation and code number of the officer(s) signing
the guarantee
(ii) The address, telephone number and other details of the Head Office of the Bank as well as of issuing
Branch should be mentioned on the covering letter of issuing Branch
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B: FORMAT OF PERFORMANCE SECURITY FOR OPERATION PERIOD
To
Managing Director
WHEREAS:
“Concessionaire”) have entered into an Agreement dated [dd/mm/yyyy] (the “Agreement”) whereby the
Authority has agreed to the Concessionaire for undertaking the ……………..Project in accordance with
the provisions of the Agreement.
E. The Agreement requires the Concessionaire to furnish a Performance Security to the Authority/TIA in
a sum of [INR. [….] (Rupees in words [....])] (the “Guarantee Amount”) as security for due and faithful
performance of its obligations, under and in accordance with the Agreement, during the Operation
Period (as defined in the Agreement).
F. We, ……………………… through our Branch at ..............................(the “Bank”) have agreed to furnish this
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as
follows:
12. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance of the
Concessionaire’s obligations during the Operation Period Liability Period, under and in accordance with
the Agreement, and agrees and undertakes to pay to the Authority/TIA, upon its mere first written
demand, and without any demur, reservation, recourse, contest or protest, and without any reference
to the Concessionaire, such sum or sums up to an aggregate sum of the Guarantee Amount as the
Authority/TIA shall claim, without the Authority being required to prove or to show grounds or reasons
for its demand and/or for the sum specified therein.
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13. A letter from the Authority/TIA, under the hand of an Officer not below the rank of [●], that the
Concessionaire has committed default in the due and faithful performance of all or any of its obligations
under and in accordance with the Agreement shall be conclusive, final and binding on the Bank. The
Bank further agrees that the Authority/ TIA shall be the sole judge as to whether the Concessionaire is
in default in due and faithful performance of its obligations during the Operation Period under the
Agreement and its decision that the Concessionaire is in default shall be final, and binding on the Bank,
notwithstanding any differences between the Authority/ TIA and the Concessionaire, or any dispute
between them pending before any court, tribunal, arbitrators or any other authority or body, or by the
discharge of the Concessionaire for any reason whatsoever.
14. In order to give effect to this Guarantee, the Authority/ TIA shall be entitled to act as if the Bank were
the principal debtor and any change in the constitution of the Concessionaire and/or the Bank, whether
by their absorption with any other body or corporation or otherwise, shall not in any way or manner
affect the liability or obligation of the Bank under this Guarantee.
15. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority/ TIA to proceed
against the Concessionaire before presenting to the Bank its demand under this Guarantee.
16. The Authority/ TIA shall have the liberty, without affecting in any manner the liability of the Bank under
this Guarantee, to vary at any time, the terms and conditions of the Agreement or to extend the time
or period for the compliance with, fulfilment and/or performance of all or any of the obligations of the
Concessionaire contained in the Agreement or to postpone for any time, and from time to time, any of
the rights and powers exercisable by the Authority/ TIA against the Concessionaire, and either to
enforce or forbear from enforcing any of the terms and conditions contained in the Agreement and/or
the securities available to the Authority, and the Bank shall not be released from its liability and
obligation under these presents by any exercise by the Authority of the liberty with reference to the
matters aforesaid or by reason of time being given to the Concessionaire or any other forbearance,
indulgence, act or omission on the part of the Authority/ TIA or of any other matter or thing whatsoever
which under any law relating to sureties and guarantors would but for this provision have the effect of
releasing the Bank from its liability and obligation under this Guarantee and the Bank hereby waives
all of its rights under any such law.
17. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority/ TIA in respect of or relating to the Agreement or
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for the fulfillment, compliance and/or performance of all or any of the obligations of the Concessionaire
under the Agreement.
18. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Guarantee is
restricted to the Guarantee Amount and this Guarantee will remain in force for the period specified in
paragraph 8 below and unless a demand or claim in writing is made by the Authority/ TIA on the Bank
under this Guarantee, not later than 6 (six) months from the date of expiry of this Guarantee, all rights
of the Authority/ TIA under this Guarantee shall be forfeited and the Bank shall be relieved from its
liabilities hereunder.
19. Upon request made by the Concessionaire for release of the Performance Security along with the
particulars required hereunder, duly certified by a statutory auditor of the Concessionaire, the
Authority/ TIA shall release the Performance Security forth with.
20. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous express
consentoftheAuthorityinwritinganddeclaresthatithasthepowertoissuethisGuaranteeandthe undersigne
d has full powers to do so on behalf of the Bank.
21. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to the
Bank at its above referred Branch, which shall be deemed to have been duly authorized to receive such
notice and to effect payment thereof forthwith, and if sent by post it shall be deemed to have been
given at the time when it ought to have been delivered in due course of post and in proving such notice,
when given by post, it shall be sufficient to prove that the envelope containing the notice was posted
and a certificate signed by an officer of the Authority that the envelope was so posted shall be
conclusive.
22. This Guarantee shall come into force with immediate effect and shall remain in force and effect for a
period of one year or until it is released earlier by the Authority pursuant to the provisions of the
Agreement.
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(Name)
(Designation)
(Address)
NOTES:
(i) The bank guarantee should contain the name, designation and code number of the officer(s) signing
the guarantee
(ii) The address, telephone number and other details of the Head Office of the Bank as well as of issuing
Branch should be mentioned on the covering letter of issuing Branch
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1. M/S. ................ a company incorporated under the laws of............... ......and having its
Registered Office at (hereinafter called the "Party 1," which expression
shall include its successors, executors and permitted assigns);
2. M/S. .. .........., a company incorporated under the laws of.... .....and having its
Registered Office at. . (hereinafter called the "Party 2," which expression
shall include its successors, executors and permitted assigns);
for the purpose of submitting the Bid in response to the Tender and in the event of selection as
Selected Bidder to comply with the requirements as specified in the Tender and ensure
execution of the Tender's Scope of Work as may be required to be entered into with MPPHSCL.
Party 1 and Party 2 are hereinafter collectively referred to as the "Parties" and individually
as a "Party".
WHEREAS the Tender stipulates that the Bidders qualifying on the strength of a Bidding
Consortium shall submit a legally enforceable Consortium Agreement in a format specified in the
Tender, whereby each Consortium Member undertakes to be liable for its Roles and
Responsibilities, provide necessary guarantees and pay required fees as required as per the
provisions of the Tender, as specified herein.
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In consideration of the above premises and agreement all the Parties in this Consortium do hereby
mutually agree as follows:
In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the
meaning ascribed thereto under the RFP.
2. Consortium
2.1 The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the
purposes of jointly participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through this
Consortium and not individually and/ or through any other consortium constituted for this
Project, either directly or indirectly or through any of their Associates.
3. Covenants
3.1 In consideration of the selection of the Consortium as the Bidding Consortium by MPPHSCL,
we the Members of the Consortium and Parties to the Consortium Agreement do hereby
unequivocally agree that M/S. . [Insert name of the Lead
Member], shall act as the Lead Member for self and agent for and on behalf of M/S.
[the name of the other Member of the Consortium to be filled in here].
3.2 The Parties hereby undertake that in the event the Consortium is declared the Successful
Bidder and awarded the Project, it shall incorporate a special purpose vehicle (the “SPV”) under
the Indian Companies Act 2013 for entering into a Concession Agreement with the Concessioning
Authority and for performing all its obligations as the Concessionaire in terms of the Concession
Agreement for the Project.
The Parties hereby undertake to perform the roles and responsibilities in brief as described below:
(a) Party of the First Part (the Lead member of the Consortium)_________________
The Parties do hereby undertake to be jointly and severally responsible for all the obligations and
liabilities relating to the Project and in accordance with the terms of the RFP and the Concession
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Agreement, till such time as the Financial Close for the Project is achieved under and in accordance
with the Concession Agreement.
6.1 The Parties agree that the proportion of shareholding among the Parties in the resultant SPV
shall be as follows:
6.2 The Parties undertake that the lead member shall hold at least 51% (fifty one per cent) of the
subscribed and paid up equity share capital of the resultant SPV at all times until the completion
of the Project.
7. The Lead Member is hereby authorized by the Members of Consortium and Parties to the
Consortium Agreement to bind the Consortium and receive instructions for and on behalf of all
Members.
8. The Lead Member shall be liable and responsible for ensuring the individual and collective
commitment of each of the Members of the Consortium in discharging all their respective Roles and
Responsibilities. Each Consortium Member further undertakes to be individually liable for the
performance of its part of the Roles and Responsibilities without in any way limiting the scope of
collective liability envisaged in this Agreement in order to meet the requirements and obligations of
the Tender.
9. In case of any breach of any of the commitment as specified under this Agreement by any of the
Consortium Members, the Lead Member of the Consortium shall be liable to meet the obligations
under the Tender.
10. Except as specified in the Agreement, it is agreed that sharing of responsibilities as aforesaid and
obligations thereto shall not in any way be a limitation of responsibility of the Lead Member
under these presents.
11. This Consortium Agreement shall be construed and interpreted in accordance with the Laws of
India and Courts at Madhya Pradesh alone shall have the exclusive jurisdiction in all matters
relating thereto and arising there under.
12. It is hereby agreed that the Lead Consortium Member shall furnish the Bid Security, as stipulated
in the Tender, on behalf of the Bidding Consortium.
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13. It is hereby agreed that in case of selection of Bidding Consortium as the Project Implementing
Consortium, the Parties to this Consortium Agreement do hereby agree that they shall furnish
the Performance Bank Guarantee and Additional Bank Guarantee and other commitments to DHS
DHS as stipulated in the Tender. The Lead Member shall be responsible for ensuring the
submission of the Performance Bank Guarantee and other commitments on behalf of all the
Consortium Members.
14. It is further expressly agreed that the Consortium Agreement shall be irrevocable and, for the
Project Implementing Consortium, shall remain valid over the term of the Project, unless
expressly agreed to the contrary by DHS.
15. The Lead Member is authorized and shall be fully responsible for the accuracy and veracity of the
representations and information submitted by the Consortium Members respectively from time
to time in response to the Tender for the purposes of the Bid.
16. It is expressly understood and agreed between the Members of the Consortium and Parties that
the responsibilities and obligations of each of the Members shall be as delineated as annexed hereto
as Annexure forming integral part of this Agreement. It is further agreed by the Members that the
above sharing of responsibilities and obligations shall not in any way be a limitation of joint and
several responsibilities and liabilities of the Members, with regards to all matters relating to the
execution of the Bid and implementation of the Project envisaged in the Tender.
17. It is hereby expressly agreed between the Parties to this Consortium Agreement that neither Party
shall assign or delegate or subcontract its rights, duties, or obligations under this Agreement except
with prior written consent of DHS.
b. sets forth the entire understanding of the Parties hereto with respect to the subject matter
hereof; and
c. may not be amended or modified except in writing signed by each of the Parties and with
prior written consent of MPPHSCL.
IN WITNESS WHEREOF, the Parties to the Consortium Agreement have, through MPPHSCL,
executed these presents and affixed common seals of their respective companies on the Day,
Month and Year first mentioned above.
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(Signature)
(Name)
(Designation)
(Address)
(Signature)
(Name)
(Designation)
(Address)
1.
SIGNED, SEALED AND
DELIVERED For and on
behalf of
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[To be provided by each Consortium Member (other than the Lead Consortium Member) in favour of the Lead
Consortium Member]
WHEREAS MPPHSCL has issued for Tender No. [Tender Details] (the "RFP") dated [Date] for inviting Bids in
respect of Selection of Managed Service Provider for Madhya Pradesh State Health System Digitization(the
"Project") on the terms contained in the RFP;
WHEREAS M/S and M/S [Insert names of all Members of Consortium] the Members of the
Consortium are desirous of submitting a Bid in response to the RFP, and if selected, undertaking the responsibility of
implementing the Project as per the terms of the RFP;
WHEREAS all the Members of the Consortium have agreed under the Consortium Agreement dated
(the "Consortium Agreement"), entered into between all the Members and submitted along with the Bid to
appoint ........... [Insert the name and address of the Lead Consortium Member) as Lead Consortium Member to
represent all the Members of the Consortium for all matters regarding the RFP and the Bid proposal;
AND WHEREAS pursuant to the terms of the RFP and the Consortium Agreement, we, the Members of the
Consortium hereby designate M/S [Insert name of the Lead Member) as the Lead Consortium Member to represent
us in all matters regarding the Bid and the RFP, in the manner stated below:-
Know all men by these presents, we ..... . . [Insert name and address of the registered office
of the Member 2, do hereby constitute, appoint, nominate and authorize
[Insert name and registered office address of the Lead Consortium Member], which is one of
the Members of the Consortium, to act as the Lead Member and our true and lawful attorney, to do in our name and
on our behalf, all such acts, deeds and things necessary in connection with or incidental to submission of
Consortium's Bid in response to the RFP issued by MPPHSCL including signing and submission of the Bid and all
documents related to the Bid as specified in the RFP, including but not limited to undertakings, letters, certificates,
acceptances, clarifications, guarantees or any other document, which MPPHSCL may require us to submit. The
aforesaid attorney is further authorized for making representations to MPPHSCL named in the RFP, and providing
information / responses to MPPHSCL, representing us and the Consortium in all matters before
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MPPHSCL named in the RFP, and generally dealing with MPPHSCL named in the RFP in all matters in
connection with our Bid, till completion of the bidding process as well as implementation of the Project, if
applicable, in accordance with the RFP.
We, as Members of the Consortium, hereby agree to ratify all acts, deeds and things done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall be
binding on us and shall always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such terms under the RFP.
We, as Members of the Consortium, hereby agree to ratify all acts, deeds and things done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall be binding
on us and shall always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such terms under the RFP.
Signed by the within named. . [Insert the name of the executant Consortium Member] through the
hand of Mr./ Ms./ Dr. ......... duly authorized by the Board to issue such Power of Attorney dated
this ................ day of
Accepted
Attested
Common seal of has been affixed in my/our presence pursuant to Board of Director's Resolution dated....
WITNESS:
1 (Signature)
Name Designation
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2 (Signature)
Name
Designation
Notes
a. The mode of execution of the power of attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executant(s).
b. Also, wherever required, the executant(s) should submit for verification the extract of the charter documents
and documents such as a Board resolution / power of attorney, in favour of the person executing this power
of attorney for delegation of power hereunder on behalf of the executant(s).
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POWER OF ATTORNEY
Know all men by these presents, we ____________________(name and address of the registered office of the
Sole Applicant / Lead Member) do hereby constitute, appoint and authorize Mr. / Ms.
__________________R/o ___________( address of residence) who is presently employed with us and holding
the position of _______________________, as our attorney, to do in our name and on our behalf, all such acts,
deeds and things necessary in connection with or incidental to the bid of the sole bidder /consortium
consisting of ____________(lead member),___________________(please state the name and address of the
members of the consortium) / Sole Applicant, for Tender No.________________
__________________________________________________________________________ including signing and submission of
all documents and providing information / responses, representing us in all matters in connection with
our bid for the said Project.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this Power
of Attorney and agree that all acts, deeds and things done by our aforesaid attorney shall and shall
always be deemed to have been done by us.
For________
(Signature)
(Name, Title and Address)
Accepted ………………….
(Signature)
(Name, Title and Address of the Attorney)
Notes:
c. To be executed by the single Applicant or the Lead Member in case of a Consortium.
d. The mode of execution of Power of Attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executant(s) and when it is so required
the same should be under common seal affixed in accordance with the required procedure.
Also, wherever required, the executant(s) should submit for verification the extract of the charter documents and
documents such as a resolution / Power of attorney in favour of the Person executing this Power of Attorney for the
delegation of power hereunder on behalf of the executant(s).
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4 Application 1
Lead
5 Solution 1
Architect
6
7
8
9
10
11
12
13
14
15
CVs of Key Personnel to be included in the Technical Proposal. During the Bid validity period, the Bidder is expected
to keep available the personnel proposed for this assignment. Bidder can also propose additional resources as per
requirement.
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1 Name of Bidder
2 Name of Authorized
signatory
3 Full Particular of Office
a) Address
b) Contact No
c) Fax No
d) Email
4 PAN
5 GST No
5 Details of EMD*
a) Amount
b) Drawn on Bank
c) Ref No.
6 Name & Contact Details of
Representative
Name:
Place
: Seal
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