TENDER FOR SUPPLY& INSTALLATION OF

RADIANT WARMER AT JHARKHAND

IFB NO: HLL/AFT-CMO/JH-I/EQP/2016-17/01, DATED 23.02.2017

HLL LIFECARE LIMITED

AKKULAM FACTORY,
SREEKARIAM P.O.
THIRUVANANTHAPURAM – 17
Phone +91 471 244 5930
Fax +91 471 244 5935
Email: hcdcmo@lifecarehll.com
Website: www.lifecarehll.com
 INDEX

Page
Section Topic
No.
I Notice inviting Tender (NIT) 3

II General Instructions to Tenderers (GIT) 5

III General Conditions of Contract (GCC) 24

IV Special Conditions of Contract (SCC) 39

V List of Equipments 41

VI Technical Specifications 42

VII Quality Control Requirements 43

VIII Qualification Criteria 44

IX Tender Form 45

IX A Proforma ‘A’ I & A II 46

IX B Tender form for price bid 48

X Price Schedules (A & B) 50

XI Check List 52

XII Bank Guarantee Form for EMD 54

Bank Guarantee Form for Performance Security /CMC
XIII 55
Security
XIV Manufacturer’s Authorisation Form 56

XV Contract Form ’A’ 57

XVI Contract Form ‘B’ 59

XVII Proforma of Consignee Receipt Certificate 60

XVIII Proforma of Final Acceptance Certificate by the Consignee 61

XIX Consignee Address 63

 HLL LIFECARE LIMITED
(A GOVT. OF INDIAENTERPRISE)
AKKULAM FACTORY,
SREEKARIAM P.O.
THIRUVANANTHAPURAM – 17

IFB NO: HLL/AFT-CMO/JH-I/EQP/2016-17/01, DATED 23.02.2017

SECTION - I
NOTICE INVITING TENDERS

HLL Lifecare Limited hereby invites sealed bids under Two-Bid system from eligible
suppliers/manufacturers for supply & installation of Radiant Warmer for SNCU facility at
Jharkhand.

Sl DESCRIPTION OF Period of
Qty EMD amount
No EQUIPMENT completion
25 Days from the
1 Radiant Warmer 156 Rs. 78,000/-
date of LOI/PO

Tender Documents will be issued from the Office of the Joint General Manager (Mtls),
HLL Lifecare Ltd, Akkulam Factory, Thiruvananthapuram –17, Tel: +471 244 5930 from
23.02.2017 to 04.03.2017 on all working days between 11.00 AM and 4.00 PM, on payment of non
refundable fee of Rs. 5000.00 (Rupees Five Thousand only) (Including tax)in cash/DD. The tender
may also be downloaded from the web site www.lifecarehll.com and the tender cost shall be
submitted along with the tender in the form of Demand Draft taken in favour of HLL Lifecare
Limited payable at Trivandrum. Failing to submit the tender document fee, the bid is liable to be
rejected.

Last date and time of receipt of Tender : - 04.03.2017 at 14.00 PM.

Date and time of opening of Tender : - 04.03.2017 at 15.00 PM.

Joint General Manager (Materials)

Page 3 of 64
 SCHEDULE FOR SUBMISSION OF APPLICATION

EVENT DATE

Starting date of sale of documents 23.02.2017

Last date of sale of documents 04.03.2017

Last date and time for submission of completed Tender 04.03.2017 at 14.00 hrs

Date and time for Opening of Technical Bid 04.03.2017 at 15.00 hrs

The completed Tender should be submitted before the due date and time of submission at the following
address.

Joint General Manager (Materials)

HLL Lifecare Limited
Akkulam Factory, Sreekaryam P.O. ,
Thiruvananthapuram -17
Phone 0471 2445930 / 2445935
Email: hcdcmo@lifecarehll.com

Page 4 of 64
 SECTION - II
GENERAL INSTRUCTIONS TO TENDERERS (GIT)
CONTENTS

Sl. Page
Topic
No. No.
A PREAMBLE
1 Definitions and Abbreviations 7
2 Introduction 8
3 Availability of Funds 9
4 Language of Tender 9
5 Eligible Tenderers 9
6 Eligible Goods and Services 9
7 Tendering Expense 9
B TENDER ENQUIRY DOCUMENTS
8 Contents of Tender Enquiry Documents 10
9 Amendments to Tender Enquiry Documents 10
10 Clarification of Tender Enquiry Documents 11
C PREPARATION OF TENDERS
11 Documents Comprising the Tender 11
12 Tender Currencies 12
13 Tender Prices 12
14 Indian Agent 13
15 Firm Price 14
16 Alternative Tenders 14
Documents Establishing Tenderer’s Eligibility and
17 14
Qualifications
Documents Establishing Good’s Conformity to Tender
18 14
Enquiry Document
19 Earnest Money Deposit (EMD) 15
20 Tender Validity 16
21 Signing and Sealing of Tender 16

Page 5 of 64
D SUBMISSION OF TENDERS
22 Submission of Tenders 17
23 Late Tender 17
24 Alteration and Withdrawal of Tender 17
E TENDER OPENING
25 Opening of Tenders 17
F SCRUTINY AND EVALUATION OF TENDERS
26 Basic Principle 18
27 Responsiveness 18
28 Minor Infirmity/Irregularity/Non-Conformity 19
29 Discrepancy in Prices 19
30 Qualification Criteria 20
31 Tender currency( Indian Rupees) 20
32 Evaluation 20
33 Comparison of Tenders 20
Additional Factors and Parameters for Evaluation and
34 20
Ranking of Responsive Tenders
35 Tenderer’s capability to perform the contract 21
36 Contacting the Purchaser 21
G AWARD OF CONTRACT
Purchaser’s Right to Accept any Tender and to Reject
37 21
any or All Tenders
38 Award Criteria 21
39 Variation of Quantities at the Time of Award 21
40 Notification of Award 22
41 Issue of Contract 22
Non-receipt of Performance Security and Contract by
42 22
the Purchaser
43 Return of EMD 22
44 Corrupt or Fraudulent Practices 22

Page 6 of 64
 SECTION – II

GENERAL INSTRUCTIONS TO TENDERERS (GIT)

A. PREAMBLE

1. Definitions and Abbreviations

1.1 The following definitions and abbreviations, which have been used in these documents
shall have the meanings as indicated below:

1.2. Definitions:
(i) “Purchaser” means the organization purchasing goods and services as
incorporated in the Tender Enquiry document.
(ii) “Tender” means Bids / Quotation / Tender received from a Firm / Tenderer
/Bidder.
(iii) “Tenderer” means Bidder/ the Individual or Firm submitting Bids / Quotation /
Tender
(iii) “Supplier” means the individual or the firm supplying the goods and services as
incorporated in the contract.
(iv) “Goods” means the articles, material, commodities, furniture, fixtures, raw
material, spares, instruments, machinery, equipment, medical equipment, etc.
which the supplier is required to supply to the purchaser under the contract.
(v) “Services” means services allied and incidental to the supply of goods, such as
transportation, installation, commissioning, provision of technical assistance,
training, after sales service, maintenance service and other such obligations of
the supplier covered under the contract.
(vi) “Earnest Money Deposit” (EMD) means Bid Security/ monetary or financial
guarantee to be furnished by a tenderer along with its tender.
(vii) “Contract” means the written agreement entered into between the purchaser
and/or consignee and the supplier, together with all the documents mentioned
therein and including all attachments, annexure etc. therein.
(viii) “Performance Security” means monetary or financial guarantee to be furnished
by the successful tenderer for due performance of the contract placed on it.
Performance Security is also known as Security Deposit.
(ix) “Consignee” means the Hospital/Institute person to whom the goods are
required to be delivered as specified in the Contract.
(x) “Specification” means the document/standard that prescribes the requirement
with which goods or service has to conform.
(xi) “Inspection” means activities such as measuring, examining, testing, gauging
one or more characteristics of the product or service and comparing the same
with the specified requirement to determine conformity.
(xii) “Day” means calendar day.

1.3 Abbreviations:

(i) “T E Document” means Tender Enquiry Document

(ii) “NIT” means Notice Inviting Tenders.
(iii) “GIT” means General Instructions to Tenderers
(iv) “SIT” means Special Instructions to Tenderers

Page 7 of 64
 (v) “GCC” means General Conditions of Contract
(vi) “SCC” means Special Conditions of Contract
(vii) “DGS&D” means Directorate General of Supplies and Disposals
(viii) “NSIC” means National Small Industries Corporation
(ix) “PSU” means Public Sector Undertaking
(x) “CPSU” means Central Public Sector Undertaking
(xi) “SSI” means Small Scale Industry
(xii) “LC” means Letter of Credit
(xiii) “DP” means Delivery Period
(xiv) “BG” means Bank Guarantee
(xv) “ED” means Excise Duty
(xvi) “CD” means Custom Duty
(xvii) “VAT” means Value Added Tax
(xviii) “CENVAT” means Central Value Added Tax
(xix) “CST” means Central Sales Tax
(xx) “RR” means Railway Receipt
(xxi) “BL” means Bill of Lading
(xxii) “FOB” means Free on Board
(xxiii) “FCA” means Free Carrier
(xxiv) “FOR” means Free On Rail
(xxv) “CIF” means Cost, Insurance and Freight
(xxvi) “CIP (Destinations)” means Carriage and Insurance Paid up to named port of
destination. Additionally the Insurance, local transportation and storage shall be
extended and borne by the Supplier from ware house to the consignee site for a
period including 3 months beyond date of delivery.
(xxvii) “DDP” means Delivery Duty Paid named place of destination (consignee site)
(xxviii) “INCOTERMS” means International Commercial Terms as on the date of Tender
Opening
(xxix) “RT” means Re-Tender.
(xxx) “CMC” means Comprehensive Maintenance Contract (labour, spare and
preventive maintenance)
(xxxi) “CAMC” Comprehensive Annual Maintenance Contract

2. Introduction

2.1 The Purchaser has issued these TE documents for purchase of goods and related
services as mentioned in Section – V and VI – “List of Requirements” and “Technical
Specifications”.

2.2 This section (Section II - “General Instruction Tenderers”) provides the relevant
information as well as instructions to assist the prospective tenderers in preparation
and submission of tenders. It also includes the mode and procedure to be adopted by
the purchaser for receipt and opening as well as scrutiny and evaluation of tenders
and subsequent placement of contract.

2.3 Deleted.

2.4 Before formulating the tender and submitting the same to the purchaser, the tenderer
should read and examine all the terms, conditions, instructions, checklist etc.
contained in the TE documents. Failure to provide and/or comply with the required

Page 8 of 64
 information, instructions etc. incorporated in these TE documents may result in
rejection of its tender.

3. Deleted.

4. Language of Tender

4.1 The tender submitted by the tenderer and all subsequent correspondence and documents
relating to the tender exchanged between the tenderer and the purchaser, shall be
written in the English language, unless otherwise specified in the Tender Enquiry.
However, the language of any printed literature furnished by the tenderer in connection
with its tender may be written in any other language provided the same is accompanied
by an English translation and, for purposes of interpretation of the tender, the English
translation shall prevail.

4.2 The tender submitted by the tenderer and all subsequent correspondence and documents
relating to the tender exchanged between the tenderer and the purchaser, may also be
written in the Hindi language, provided that the same are accompanied by English
translation, in which case, for purpose of interpretation of the tender etc, the English
translations shall prevail.

5. Eligible Tenderers

5.1 This invitation for tenders is open to all suppliers who fulfil the eligibility criteria
specified in these documents.

6. Eligible Goods and Services

6.1 All goods and related services to be supplied under the contract shall have their origin
in India or any other country with which India has not banned trade relations. The term
“origin” used in this clause means the place where the goods are mined, grown,
produced, or manufactured or from where the related services are arranged and
supplied.

7. Tendering Expense

7.1 The tenderer shall bear all costs and expenditure incurred and/or to be incurred by it in
connection with its tender including preparation, mailing and submission of its tender
and for subsequent processing the same. The purchaser will, in no case be responsible
or liable for any such cost, expenditure etc regardless of the conduct or outcome of the
tendering process.

Page 9 of 64
 B. TENDER DOCUMENTS

8. Content of Tender Documents

8.1 In addition to Section I – “Notice inviting Tender” (NIT), the Tender documents
include:
 Section II – General Instructions to Tenderers (GIT)
 Section III – General Conditions of Contract (GCC)
 Section IV – Special Conditions of Contract (SCC)
 Section V – List of Equipments
 Section VI – Technical Specifications
 Section VII – Quality Control Requirements
 Section VIII – Qualification Criteria
 Section IX – Tender Form
 Section X – Price Schedules
 Section XI – Check List
 Section XII – Bank Guarantee Form for EMD
 Section XIII – Bank Guarantee Form for Performance Security/CMC Security
 Section XIV – Manufacturer’s Authorisation Form
 Section XV – Contract Form’ A ‘
 Section XVI – Contract Form ‘B’
 Section XVII – Proforma of Consignee Receipt Certificate
 Section XVIII – Proforma of Final Acceptance Certificate by the consignee
 Section XIX – Consignee address

8.2 The relevant details of the required goods and services, the terms, conditions and
procedure for tendering, tender evaluation, placement of contract, the applicable
contract terms and, also, the standard formats to be used for this purpose are
incorporated in the above-mentioned documents. The interested tenderers are
expected to examine all such details etc to proceed further.

9. Amendments to Tender documents

9.1 At any time prior to the deadline for submission of tenders, the purchaser may, for
any reason deemed fit by it, modify the TE documents by issuing suitable
amendment(s) to it.

9.2 Such an amendment will be notified in Purchaser’s Website www.lifecarehll.com

and also in writing by registered/speed post or by e-mail, to all prospective tenderers,
which have received the TE documents and will be binding on them.

9.3 In order to provide reasonable time to the prospective tenderers to take necessary
action in preparing their tenders as per the amendment, the purchaser may, at its
discretion extend the deadline for the submission of tenders and other allied time
frames, which are linked with that deadline.

Page 10 of 64
10. Clarification of Tender documents

10.1 A tenderer requiring any clarification or elucidation on any issue of the TE

documents may take up the same with the purchaser in writing. The purchaser will
respond in writing to such request provided the same is received by the purchaser not
later than 7 days prior to the prescribed date of submission of tender.

C. PREPARATION OF TENDERS

11. Documents Comprising the Tender

11.1 The Two bid System, i.e. “Techno–Commercial Tender” and “Price Tender”
prepared by the tenderer shall comprise the following:

A) Techno–Commercial Tender (Un priced Tender)

i) Earnest money furnished in accordance with GIT clause 19.1

ii) Tender Form as per Section IX (Un priced).
iii) Documentary evidence, as necessary in terms of clauses GIT Clause 5 and 17
establishing that the tenderer is eligible to submit the tender and, also, qualified to
perform the contract if its tender is accepted.
iv) Tenderer/Agent who quotes for goods manufactured by other manufacturer shall furnish
Manufacturer’s Authorisation Form.
v) Power of Attorney in favour of signatory of TE documents and signatory of
Manufacturer’s Authorisation Form.
vi) Documents and relevant details to establish in accordance with GIT clause 18 that the
goods and the allied services to be supplied by the tenderer conform to the requirement
of the TE documents.
vii) Performance Statement as per section IX A along with relevant copies of orders and end
users’ satisfaction certificate.
viii) Price Schedule(s) as per Section X filled up with all the details including Make, Model
etc. of the goods offered with prices blank (without indicating any prices).
ix) Certificate of Incorporation in the country of origin.
x) Checklist as per Section XI.
xi) Technical Compliance Statement (specification points-wise) along with
pamphlets/Catalogue.

B) Price Tender:

The information given at clause no. 11.1 A) ii) & viii) above should be reproduced with the
prices indicated.
N.B.
All pages of the Tender should be page numbered and indexed.
It is the responsibility of tenderer to go through the TE document to ensure furnishing
all required documents in addition to above, if any.

11.2 The authorized signatory of the tenderer must sign the tender duly stamped at
appropriate places and initial all the remaining pages of the tender.

Page 11 of 64
 11.3 A tender, which does not fulfil any of the above requirements and/or gives evasive
information/reply against any such requirement, shall be liable to be ignored and
rejected.
11.4 Tender sent by fax/telex/cable/electronically shall be ignored.

12. Tender currencies

12.1 The tenderer supplying indigenous goods or already imported goods shall quote only
in Indian Rupees.

Tenders, where prices are quoted in any other way shall be treated as non -responsive and
rejected.

13 Tender Prices

13.1 The Tenderer shall indicate on the Price Schedule provided under Section X all the
specified components of prices shown therein including the unit prices and total tender
prices of the goods and services. All the columns shown in the price schedule should
be filled up as required. If any column doesn’t apply to a tender, same should be
clarified as “NA” by the tenderer.

13.2 There are 2 items in the List of Equipments. The tenderer has to submit its price for all
the items considering complete requirement of goods and services as specified against
each item. The tender which has not quoted for all the item or partially quoted shall be
treated as non-responsive. The responsiveness L1 bidder will be determined as a
package cost of entire system equipment in the tender.

13.3 While filling up the columns of the Price Schedule, the following aspects should be
noted for compliance:

13.4 For domestic goods or goods of foreign origin located within India, the prices in the
corresponding price schedule shall be entered separately in the following manner:
a) The price of the goods, quoted ex-factory/ex-showroom/ex-warehouse/off-the-shelf, as
applicable, including all taxes and duties like sales tax, CST VAT, CENVAT, Custom
Duty, Excise Duty etc. already paid or payable on the components and raw material
used in the manufacture or assembly of the goods quoted ex-factory etc. or on the
previously imported goods of foreign origin quoted ex-showroom etc;
b) Any sales or other taxes and any duties including excise duty, which will be payable
on the goods in India if the contract is awarded;
c) Charges towards Packing & Forwarding, Inland Transportation, Insurance (local
transportation and storage) would be borne by the supplier from ware house to the
consignee site for a period including 3 months beyond date of delivery,
Loading/Unloading, Positioning and other local costs incidental to delivery of the
goods to their final destination as specified in Price Schedule;
d) The price of Incidental Services, as mentioned in Section V & VI, Price Schedule and
GCC shall be considered;
e) The price of CMC including all taxes and duties, as mentioned in GCC, SCC, List of
Equipments, Technical Specification and Price Schedule shall be considered.

Page 12 of 64
 f) The price of all kinds of disposables including media disposables (item wise) and
service rates for embryologists and clinicians for seven years (during Warranty period
& CMC period) shall be considered.

13.5 Additional information and instruction on Duties and Taxes:

13.5.1 The price will be taken inclusive of all duties and taxes and no claim for the same will
be entertained later.

13.5.2 Excise Duty :

Tenderer should quote rates inclusive of Excise Duty. The rate applicable should be
shown separately

13.5.3 Sales Tax:

Tenderer should quote rates inclusive of sales tax/ VAT, Service Tax and Works
Contract Tax. The rate and nature of sales tax applicable should be shown separately.
The sales tax / VAT, Service Tax and Works Contract Tax will be paid as per the rate
at which it is liable to be assessed or has actually been assessed provided the
transaction of sale is legally liable to sales tax / VAT, Service Tax and Works
Contract Tax and is payable as per the terms of the contract.

13.5.4 Octroi Duty and Local Duties & Taxes :

The levies like town duty, Octroi duty, terminal tax and other levies of local bodies
(like town body, municipal body etc.), if any, should be paid by the supplier at its
own cost to the local body.

13.5.5 Customs Duty :

The Supplier will pay the Customs Duty wherever applicable. The duty shall be
specified in the quote and exemption if any will be passed on to the purchaser.

13.6 For transportation of imported goods offered from abroad, relevant instructions as
incorporated under GCC Clause 10 shall be followed.
13.7 For insurance of goods to be supplied, relevant instructions as provided under GCC
Clause 11 shall be followed.
13.8 The need for indication of all such price components by the tenderers, as required in
this clause (viz., GIT clause 13) is for the purpose of comparison of the tenders by the
purchaser and will no way restrict the purchaser’s right to award the contract on the
selected tenderer on any of the terms offered.

14. Indian Agent

14.1 If a foreign tenderer, the tenderer should have engaged an agent in India in
connection with its tender and shall furnish the following information:

a) The complete name, address, contact person and contact number of the Indian
Agent(s)/service centres and its permanent income tax account number as allotted by
the Indian Income Tax authority.

Page 13 of 64
 b) The details of the services to be rendered by the agent for the subject requirement.
c) Details of Service outlets in India, nearest to the consignee(s), to render services
during Warranty and CMC period.

15. Firm Price

15.1 Unless otherwise specified, prices quoted by the tenderer shall remain firm and fixed
during the currency of the contract and not subject to variation on any account.

15.2 However, as regards taxes and duties, if any, chargeable on the goods and payable,
the conditions stipulated in GIT clause 13 will apply.

16. Alternative Tenders

16.1 Alternative Tenders are not permitted.

17 Documents Establishing Tenderer’s Eligibility and Qualifications

17.1 Pursuant to GIT clause 11, the tenderer shall furnish, as part of its tender, relevant
details and documents establishing its eligibility to quote and its qualifications to
perform the contract if its tender is accepted.

17.2 The documentary evidence needed to establish the tenderer’s qualifications shall fulfil
the following requirements:

a) In case the tenderer offers to supply goods, which are manufactured by some other firm,
the tenderer has been duly authorised by the goods manufacturer to quote for and supply
the goods to the purchaser. The tenderer shall submit the manufacturer’s authorization
letter to this effect as per the standard form provided under Section XIV in this document.
b) The tenderer has the required financial, technical and production capability necessary to
perform the contract and, further, it meets the qualification criteria incorporated in the
Section VIII in these documents.
c) In case the tenderer is not doing business in India, it is duly represented by an agent
stationed in India fully equipped and able to carry out the required contractual functions
and duties of the supplier including payment of duties, taxes, levies, clearance of goods,
freight, transport, insurance after sale service, maintenance & repair etc. of the goods in
question, stocking of spare parts and fast moving components and other obligations, if
any, specified in the conditions of contract and/or technical specifications.

18. Documents establishing Good’s Conformity to Tender document.

18.1 The tenderer shall provide in its tender the required as well as the relevant documents
like technical data, literature, drawings etc. to establish that the goods and services
offered in the tender fully conform to the goods and services specified by the
purchaser in the Tender documents. For this purpose the tenderer shall also provide a
clause-by-clause commentary on the technical specifications and other technical
details incorporated by the purchaser in the Tender documents to establish technical
responsiveness of the goods and services offered in its tender.

Page 14 of 64
 18.2 In case there is any variation and/or deviation between the goods & services
prescribed by the purchaser and that offered by the tenderer, the tenderer shall list out
the same in a chart form without ambiguity and provide the same along with its
tender.

18.3 If a tenderer furnishes wrong and/or misguiding data, statement(s) etc. about technical
acceptability of the goods and services offered by it, its tender will be liable to be
ignored and rejected in addition to other remedies available to the purchaser in this
regard.

19. Earnest Money Deposit (EMD)

Sl
Item EMD (Rs)
No
Supply, Installation and handing over of
I 78,000.00
Radiant Warmer

Earnest Money shall be in the form of a Demand Draft of a scheduled bank issued in
favour of HLL Lifecare Limited, Trivandrum, or in the form of an irrevocable
guarantee bond of any scheduled bank or State Bank of India and its associates,
which should be placed in a separate sealed cover marked “Earnest Money” shall be
submitted along with the tenders.

19.2 The earnest money shall be in Indian Rupees.

19.3 The earnest money in the form of BG shall be valid for a period of forty five (45)
days beyond the validity period of the tender. As validity period of Tender as per
Clause 20 of GIT is 120 days, the EMD shall be valid for 165 days from Techno –
Commercial Tender opening date.

19.4 Unsuccessful tenderers’ earnest money will be returned to them without any interest,
not later than thirty days after conclusion of the resultant contract. Successful
tenderer’s earnest money will be returned without any interest, after receipt of
performance security from that tenderer.

19.5 Earnest Money is required to protect the purchaser against the risk of the Tenderer’s
conduct, which would warrant the forfeiture of the EMD. Earnest money of a tenderer
will be forfeited, if the tenderer withdraws or amends its tender or impairs or
derogates from the tender in any respect within the period of validity of its tender or if
it comes to notice that the information/documents furnished in its tender is incorrect,
false, misleading or forged without prejudice to other rights of the purchaser. The
successful tenderer’s earnest money will be forfeited without prejudice to other rights
of Purchaser if it fails to furnish the required performance security within the
specified period.

19.6 In the case of Bank Guarantee furnished from banks outside India (i.e. foreign
Banks), It should be authenticated and countersigned by any nationalised bank in
India by way of back-to-back counter guarantee.

Page 15 of 64
20. Tender Validity

20.1 If not mentioned otherwise, the tenders shall remain valid for acceptance for a period
of 120 days after the date of tender opening prescribed in the Tender document. Any
tender valid for a shorter period shall be treated as unresponsive and rejected.

20.2 In exceptional cases, the tenderers may be requested by the purchaser to extend the
validity of their tenders up to a specified period. Such request(s) and responses
thereto shall be conveyed by e-mail or by surface mail. The tenderers, who agree to
extend the tender validity, are to extend the same without any change or modification
of their original tender and they are also to extend the validity period of the EMD
accordingly.

20.3 In case the day up to which the tenders are to remain valid falls on/ subsequently
declared a holiday or closed day for the purchaser, the tender validity shall
automatically be extended up to the next working day.

21. Signing and Sealing of Tender

21.1 The tenderers shall submit their tenders as per the instructions contained in GIT
Clause 11

21.2 The original of the tender shall either be typed or written in indelible ink and the same
shall be signed by the tenderer or by a person(s) who has been duly authorized to bind
the tenderer to the contract. The letter of authorization shall be by a written power of
attorney, which shall also be furnished along with the tender.

21.3 All the copies of the tender shall be duly signed at the appropriate places as indicated
in the Tender documents and all other pages of the tender including printed literature,
if any shall be initialled by the same person(s) signing the tender. The tender shall not
contain any erasure or overwriting, except as necessary to correct any error made by
the tenderer and, if there is any such correction; the same shall be initialled by the
person(s) signing the tender.

21.4 The tenderer is to seal the tender in envelopes, and write the address of the purchaser
and the tender reference number on the envelopes. The sentence “NOT TO BE
OPENED” before 04.03.2017 (The tenderer is to put the date & time of tender
opening) are to be written on these envelopes. The inner envelopes are then to be put
in a bigger outer envelope, which will also be duly sealed, marked etc. as above. If
the outer envelope is not sealed and marked properly as above, the purchaser will not
assume any responsibility for its misplacement, premature opening, late opening etc.

21.5 Tender document seeks quotation following Two Bid System, in two parts. First part
will be known as ‘Techno - Commercial Tender’, and the second part ‘Price
Tender’ as specified in clause 11 of GIT. Tenderer shall seal ‘Techno - Commercial
Tender’ and ‘Price Tender’ separately and covers will be suitably super scribed.
Both these sealed covers shall be put in a bigger cover and sealed.

Page 16 of 64
D. SUBMISSION OF TENDERS

22. Submission of Tenders

22.1 Tenders shall be submitted to HLL Lifecare Ltd., by hand or through registered post
or courier service at the address given below and not later than 14.00 Hrs on
04.03.2017. In respect of Applications received by post or courier, HLL shall not
assume any responsibility for any delayed delivery. Documents submitted in
connection with this tender will be treated confidential.

22.2 The Tenders should be addressed to:

The Joint General Manager (Materials)

HLL Lifecare Limited
Akkulam Factory, Sreekaryam P.O. ,
Thiruvananthapuram -17
Phone 0471 2445930 / 2445935
Email: hcdcmo@lifecarehll.com

22.3 HLL may, at its discretion, extend the deadline for the submission of Tender, in which
case all rights and obligations of HLL and the Applicants subject to the previous
deadline shall thereafter be subject to the deadline as extended.

23. Late Tender

23.1 A tender, which is received after the specified date and time for receipt of tenders will
be treated as “late” tender and will be ignored.

24. Alteration and Withdrawal of Tender

24.1 The tenderer, after submitting its tender, is permitted to withdraw/alter/modify its
tender so long as such withdrawal/alterations /modifications are received duly signed,
sealed and marked like the original tender, within the deadline for submission of
tenders. Alterations / modifications to tenders received after the prescribed deadline
will not be considered.

24.2 No tender should be withdrawn after the deadline for submission of tender and before
expiry of the tender validity period. If a tenderer withdraws the tender during this
period, it will result in forfeiture of the earnest money furnished by the tenderer in its
tender.

E. TENDER OPENING

25. Opening of Tenders

25.1 The tenders will be opened at the specified date and time and at the specified place as
indicated in the Schedule for submission of Application.

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 In case the specified date of tender opening falls on/is subsequently declared a holiday
or closed day for the purchaser, the tenders will be opened at the appointed time and
place on the next working day.

25.2 Authorized representatives of the tenderers, who have submitted tenders on time may
attend the tender opening provided they bring with them letters of authority from the
corresponding tenderers.

25.3 Two -Bid Tender system as mentioned in para 21.5 above will be as follows. The
Techno - Commercial Tenders are to be opened in the first instance, at the prescribed
time and date as indicated in NIT. These Tenders shall be scrutinized and evaluated by
the competent committee/ authority with reference to parameters prescribed in the TE
document. During the Techno - Commercial Tender evaluation, the tender opening
official(s) will assess the salient features of the tenders like brief description of the
goods offered, delivery period, Earnest Money Deposit and any other special features
of the tenders, as deemed fit by the tender opening evaluation committee. Thereafter,
in the second stage, the Price Tenders of only the Techno - Commercially acceptable
offers (as decided in the first stage) shall be opened for further scrutiny and evaluation
on a date notified after the evaluation of the Techno – Commercial tender. The prices,
special discount if any of the goods offered etc., as deemed fit by tender opening
official(s) will be read out. The price bid of bidders who do not qualify based on the
evaluation of technical bids shall be returned unopened.

F. SCRUTINY AND EVALUATION OF TENDERS

26. Basic Principle

26.1 Tenders will be evaluated on turnkey basis, on the basis of the terms & conditions
already incorporated in the Tender document, based on which tenders have been
received and the terms, conditions etc. mentioned by the tenderers in their tenders. No
new condition will be brought in while scrutinizing and evaluating the tenders. For
evaluating the Techno commercial bid, the purchaser may at its discretion call for
demonstration/ presentation/ samples etc.

27. Responsiveness

27.1 The Purchaser will examine the Tenders to determine whether they are complete,
whether any computational errors have been made, whether required sureties have
been furnished, whether the documents have been properly signed stamped and
whether the Tenders are generally in order.

27.2 Prior to the detailed evaluation of Price Tenders, the Purchaser will determine the
substantial responsiveness of each Tender to the Tender Document. For purposes of
these clauses, a substantially responsive Tender is one, which conforms to all the
terms and conditions of the Tender Documents without material deviations.
Deviations from, or objections or reservations to critical provisions such as those
concerning Performance Security (GCC Clause 5),Warranty (GCC Clause 15), EMD
(GIT Clause 19), Taxes& Duties (GCC Clause 20),Force Majeure (GCC Clause 26)
and Applicable law (GCC Clause 31) will be deemed to be a material deviation. The

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 Purchaser’s determination of a Tender’s responsiveness is to be based on the contents
of the tender itself without recourse to extrinsic evidence.

27.3 If a Tender is not substantially responsive, it will be rejected by the Purchaser and
cannot subsequently be made responsive by the Tenderer by correction of the
nonconformity.

27.4 The tenders will be scrutinized to determine whether they are complete and meet the
essential and important requirements, conditions etc. as prescribed in the Tender
document. The tenders, which do not the meet the basic requirements, are liable to be
treated as non – responsive and will be summarily ignored.

27.5 The following are some of the important aspects, for which a tender shall be declared
non – responsive and will be summarily ignored;
(i) Tender form as per Section IX (signed and stamped) not enclosed
(ii) Tender is unsigned.
(iii) Tender validity is shorter than the required period.
(iv) Required EMD (Amount, validity etc.) have not been provided.
(v) Tenderer has quoted for goods manufactured by other manufacturer(s) without
the required Manufacturer’s Authorisation Form as per Section XIV.
(vi) Tenderer has not agreed to give the required performance security.
(vii) Goods offered are not meeting the tender enquiry specification and in
demonstration.
(viii) Tenderer has not agreed to other essential condition(s) specially incorporated
in the tender enquiry like terms of payment, liquidated damages clause,
warranty clause, dispute resolution mechanism applicable law.
(ix) Poor/ unsatisfactory past performance.
(x) Tenderers who stand deregistered/banned/blacklisted by any Govt.
Authorities.
(xi) Tenderer is not eligible as per GIT Clauses 5.1 & 17.1 and Section VIII
(xii) Submission of false information in the Tender.
(xiii) Erasure or over-writing in the tender is without initialled by the person(s)
signing the tender as per GIT clause 21.

28. Minor Infirmity/Irregularity/Non-Conformity

28.1 If during the preliminary examination, the purchaser find any minor infirmity and/or
irregularity and/or non-conformity in a tender, the purchaser may waive the same
provided it does not constitute any material deviation and financial impact and, also,
does not prejudice or affect the ranking order of the tenderers. Wherever necessary,
the purchaser will convey its observation on such ‘minor’ issues to the tenderer by
registered/speed post/Courier etc. asking the tenderer to respond by a specified date.
If the tenderer does not reply by the specified date or gives evasive reply without
clarifying the point at issue in clear terms, that tender will be liable to be ignored.

29 Discrepancies in Prices

29.1 If, in the price structure quoted by a tenderer, there is discrepancy between the unit
price and the total price (which is obtained by multiplying the unit price by the
quantity), the unit price shall prevail and the total price corrected accordingly, unless

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 the purchaser feels that the tenderer has made a mistake in placing the decimal point
in the unit price, in which case the total price as quoted shall prevail over the unit
price and the unit price corrected accordingly.
29.2 If there is an error in a total price, which has been worked out through addition and/or
subtraction of subtotals, the subtotals shall prevail and the total corrected; and
29.3 If there is a discrepancy between the amount expressed in words and figures, the
amount in words shall prevail, subject to sub clause 29.1 and 29.2 above.
29.4 If, as per the judgement of the purchaser, there is any such arithmetical discrepancy in
a tender, the same will be suitably conveyed to the tenderer by registered/speed
post/Courier. If the tenderer does not agree to the observation of the purchaser, the
tender is liable to be ignored.

30. Qualification Criteria

30.1 Tenders of the tenderers, who do not meet the required Qualification Criteria
prescribed in Section VIII, will be treated as non - responsive and will not be
considered further.

31. Tender currency (Indian Rupee)

31.1 The TE document permits the tenderers to quote their prices in Indian Rupees only.

32. Items Evaluation

The List of Requirements contains more than one item. The responsive tenders will be
evaluated and compared only on package cost as a turnkey tender. However the quotes shall
be with item-wise unit cost and total cost with applicable taxes/duties for each and every
equipment in the List of Requirements separately.

33. Comparison of Tenders

The comparison of the responsive tenders shall be carried out on Free Delivery at
consignee site basis. The price ranking will be carried out as under.

Total price = Price with all accessories as per technical specification in the format given
in Section – X (A)

The tenderers shall also quote for CMC price for 5yrs as per Section – X (B) separately.
Failing which the bid is liable to be rejected.

34. Additional Factors and Parameters for Evaluation and Ranking of Responsive Tenders
34.1 Further to GIT Clause 34 above, the purchaser’s evaluation of a tender will include
and take into account the following:
In the case of goods manufactured in India or goods of foreign origin already located
in India, sales tax & other similar taxes and Excise Duty & other similar duties,
Customs Duties, Service Tax, Works Contract Tax etc which will be contractually
payable by the tenderer.
34.2 The purchaser’s evaluation of tender will also take into account the additional factors,
if any, incorporated in other Sections, in the manner and to the extent indicated
therein.
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35. Tenderer’s capability to perform the contract

35.1 The purchaser, through the above process of tender scrutiny and tender evaluation
will determine to its satisfaction whether the tenderer, whose tender has been
determined as the lowest evaluated responsive tender is eligible, qualified and capable
in all respects to perform the contract satisfactorily.

35.2 The above-mentioned determination will, interalia, take into account the tenderer’s
financial, technical and production/execution capabilities for satisfying all the
requirements of the purchaser as incorporated in the TE document. Such
determination will be based upon scrutiny and examination of all relevant data and
details submitted by the tenderer in its tender as well as such other allied information
as deemed appropriate by the purchaser.

36. Contacting the Purchaser

36.1 From the time of submission of tender to the time of awarding the contract, if a
tenderer needs to contact the purchaser for any reason relating to this tender enquiry
and / or its tender, it should do so only in writing.
36.2 In case a tenderer attempts to influence the purchaser in the purchaser’s decision on
scrutiny, comparison & evaluation of tenders and awarding the contract, the tender of
the tenderer shall be liable for rejection in addition to appropriate administrative
actions being taken against that tenderer, as deemed fit by the purchaser.

G. AWARD OF CONTRACT

37. Purchaser’s Right to accept any tender and to reject any or all tenders

37.1 The purchaser reserves the right to accept in part or in full any tender or reject any or
more tender(s) without assigning any reason or to cancel the tendering process and
reject all tenders at any time prior to award of contract, without incurring any
liability, whatsoever to the affected tenderer or tenderers.

38. Award Criteria

The contract will be awarded to the lowest evaluated responsive tenderer decided by the
purchaser as per clause 33 to 36 of GIT.
Only those bidders who qualify at the techno- commercial stage will be eligible for opening
of price bids.

39. Variation of Quantities at the Time of Award/ Currency of Contract

39.1 At the time of awarding the contract, the purchaser reserves the right to increase or
decrease the quantity of goods and services mentioned in the schedule (s) in the “List
of Requirements” without any change in the unit price and other terms & conditions
quoted by the tenderer.

39.2 If the quantity has not been increased at the time of the awarding the contract, the
purchaser reserves the right to increase the quantity of goods and services mentioned

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 in the contract without any change in the unit price and other terms & conditions
mentioned in the contract, during the currency of the contract period.

40. Notification of Award

40.1 Before expiry of the tender validity period, the purchaser will notify the successful
tenderer(s) in writing, by registered / speed post or by email that its tender for goods
& services, which have been selected by the purchaser, has been accepted, also
briefly indicating therein the essential details like description, specification and
quantity of the goods & services and corresponding prices accepted. The successful
tenderer must furnish to the purchaser the required Performance Security within
Thirty days from the date of dispatch of the notification of award, failing which the
EMD will be forfeited and the award will be cancelled. Relevant details about the
performance security have been provided under GCC Clause 5 under Section III

41. Issue of Contract

41.1 Promptly after notification of award, the Purchaser will mail the Contract Form (as
per Section XV and XVI) duly completed and signed, in duplicate, to the successful
tenderer by registered / speed post.
41.2 Within twenty one days from the date of the contract, the successful tenderer shall
return the original copy of the contract, duly signed and dated, to the Purchaser by
registered / speed post.

42. Non-receipt of Performance Security and Contract by the Purchaser

42.1 Failure of the successful tenderer in providing performance security and / or returning
contract copy duly signed in terms of GIT clauses 41 and 42 above shall make the
tenderer liable for forfeiture of its EMD and, also, for further actions by the Purchaser
against it as per the clause 24 of GCC – Termination of default.

43. Return of EMD

43.1 The earnest money of the successful tenderer and the unsuccessful tenderers will be
returned to them without any interest, whatsoever, in terms of GIT Clause 19.4 and
19.5.

44. Corrupt or Fraudulent Practices

44.1 It is required by all concerned namely the Consignee/Tenderers/Suppliers etc to

observe the highest standard of ethics during the procurement and execution of such
contracts. In pursuance of this policy, the Purchaser: -
defines, for the purposes of this provision, the terms set forth below as follows:
“corrupt practice” means the offering, giving, receiving or soliciting of anything of
value to influence the action of a public official in the procurement process or in
contract execution; and

“fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the Purchaser,

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and includes collusive practice among Tenderers (prior to or after Tender submission)
designed to establish Tender prices at artificial non-competitive levels and to deprive
the Purchaser of the benefits of free and open competition;

will reject a proposal for award if it determines that the Tenderer recommended for
award has engaged in corrupt or fraudulent practices in competing for the contract in
question;

will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded a contract by the purchaser if it at any time determines that the firm has
engaged in corrupt or fraudulent practices in competing for, or in executing the
contract.

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 SECTION - III
GENERAL CONDITIONS OF CONTRACT (GCC)
TABLE OF CLAUSES
Sl No. Topic Page
1 Application No.
25
2 Use of contract documents and information 25
3 Patent Rights 25
4 Country of Origin 25
5 Performance Security 26
6 Technical Specifications and Standards 26
7 Packing and Marking 26
8 Inspection, Testing and Quality Control 27
9 Terms of Delivery 28
10 Transportation of Goods 28
11 Insurance 28
12 Spare parts 29
13 Incidental services 29
14 Distribution of Dispatch Documents for Clearance/Receipt of Goods 30
15 Warranty 30
16 Assignment 31
17 Sub Contracts 31
18 Modification of contract 32
19 Prices 32
20 Taxes and Duties 32
21 Terms and mode of Payment 33
22 Delay in the supplier’s performance 34
23 Liquidated Damages 35
24 Termination for default 35
25 Termination for insolvency 35
26 Force Majeure 36
27 Termination for convenience 36
28 Governing language 37
29 Notices 37
30 Resolution of disputes 37
31 Applicable Law 37
32 General/Miscellaneous Clauses 38

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 SECTION - III

GENERAL CONDITIONS OF CONTRACT (GCC)

1. Application

1.1 The General Conditions of Contract incorporated in this section shall be applicable
for this purchase to the extent the same are not superseded by the Special Conditions
of Contract prescribed under Section IV, List of requirements under Section V and
Technical Specification under Section VI of this document.

2. Use of contract documents and information

2.1 The supplier shall not, without the purchaser’s prior written consent, disclose the
contract or any provision thereof including any specification, drawing, sample or any
information furnished by or on behalf of the purchaser in connection therewith, to any
person other than the person(s) employed by the supplier in the performance of the
contract emanating from this TE document. Further, any such disclosure to any such
employed person shall be made in confidence and only so far as necessary for the
purposes of such performance for this contract.
2.2 Further, the supplier shall not, without the purchaser’s prior written consent, make
use of any document or information mentioned in GCC sub-clause 2.1 above except
for the sole purpose of performing this contract.
2.3 Except the contract issued to the supplier, each and every other document mentioned
in GCC sub-clause 2.1 above shall remain the property of the purchaser and, if
advised by the purchaser, all copies of all such documents shall be returned to the
purchaser on completion of the supplier’s performance and obligations under this
contract.

3. Patent Rights

3.1 The supplier shall, at all times, indemnify and keep indemnified the purchaser, free of
cost, against all claims which may arise in respect of goods & services to be provided
by the supplier under the contract for infringement of any intellectual property rights
or any other right protected by patent, registration of designs or trademarks. In the
event of any such claim in respect of alleged breach of patent, registered designs,
trade marks etc. being made against the purchaser, the purchaser shall notify the
supplier of the same and the supplier shall, at his own expenses take care of the same
for settlement without any liability to the purchaser.

4. Country of Origin

4.1 All goods and services to be supplied and provided for the contract shall have the
origin in India or in the countries with which the Government of India has trade
relations.
4.2 The word “origin” incorporated in this clause means the place from where the goods
are mined, cultivated, grown, manufactured, produced or processed or from where the
services are arranged.
The country of origin may be specified in the Price Schedule.

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5. Performance Security

5.1 Within thirty (30) days from date of the issue of notification of award by the
Purchaser, the supplier, shall furnish Performance Security to the Purchaser for an
amount equal to ten percent (10%) of the total value of the contract, valid up to 60
days after the date of completion of 1 year warranty period / all contractual
obligations by the supplier, including the warranty obligations, initially valid for a
total period of minimum 14 months from the date of Notification of Award.
5.2 The Performance security shall be denominated in Indian Rupees.

a) It shall be in any one of the forms namely Account Payee Demand Draft drawn from
any Scheduled bank in India or Bank Guarantee issued by a Scheduled bank in India,
in the prescribed form as provided in section XIII of this document in favour of the
Purchaser. The validity of Bank Guarantee will be for a period up to sixty (60) days
beyond 1 year Warranty Period.

5.3 In the event of any failure /default of the supplier with or without any quantifiable
loss to the Purchaser the amount of the performance security is liable to be forfeited.
The Purchaser may do the needful to cover any failure/default of the supplier with or
without any quantifiable loss to the Purchaser.
5.4 In the event of any amendment issued to the contract, the supplier shall, within
twenty-one (21) days of issue of the amendment, furnish the corresponding
amendment to the Performance Security (as necessary), rendering the same valid in
all respects in terms of the contract, as amended.
5.5 The supplier shall enter into CMC as per the ‘Contract Form – B’ in Section XVI
with respective consignees, 3 (three) months prior to the completion of Warranty
Period. The CMC will commence from the date of expiry of the Warranty Period.
5.6 Subject to GCC sub – clause 5.3 above, the Purchaser will release the Performance
Security without any interest to the supplier on completion of the supplier’s all
warranty and contractual obligations including submission of satisfactory
performance certificates received from Hospital authorities towards quarterly
preventive maintenance and breakdown maintenance services rendered by the
contractor during warranty period.

6. Technical Specifications and Standards

6.1 The Goods & Services to be provided by the supplier under this contract shall
conform to the technical specifications and quality control parameters mentioned in
‘Technical Specification’ and ‘Quality Control Requirements’ under Sections VI and
VII of this document.

7. Packing and Marking

7.1 The packing for the goods to be provided by the supplier should be strong and
durable enough to withstand, without limitation, the entire journey during transit
including transhipment (if any), rough handling, open storage etc. without any
damage, deterioration etc. As and if necessary, the size, weights and volumes of the
packing cases shall also take into consideration, the remoteness of the final

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 destination of the goods and availability or otherwise of transport and handling
facilities at all points during transit up to final destination as per the contract.

7.2 The quality of packing, the manner of marking within & outside the packages and
provision of accompanying documentation shall strictly comply with the
requirements as provided in Technical Specifications and Quality Control
Requirements under Sections VI and VII and in SCC under Section IV. In case the
packing requirements are amended due to issue of any amendment to the contract, the
same shall also be taken care of by the supplier accordingly.

7.3 Packing instructions:

Unless otherwise mentioned in the Technical Specification and Quality Control

Requirements under Sections VI and VII and in SCC under Section IV, the supplier
shall make separate packages for each consignee (in case there is more than one
consignee mentioned in the contract) and mark each package on three sides with the
following with indelible paint of proper quality:
a. contract number and date
b. brief description of goods including quantity
c. packing list reference number
d. country of origin of goods
e. consignee’s name and full address and
f. supplier’s name and address

8. Inspection, Testing and Quality Control

8.1 The purchaser and/or its nominated representative(s) will inspect and/or test the
ordered goods and the related services to confirm their conformity to the contract
specifications and other quality control details incorporated in the contract. The
purchaser shall inform the supplier in advance, in writing, the purchaser’s programme
for such inspection and, also the identity of the officials to be deputed for this
purpose. The cost towards the transportation, boarding & lodging will be borne by the
purchaser and/or its nominated representative(s).

8.2 The Technical Specification and Quality Control Requirements incorporated in the
contract shall specify what inspections and tests are to be carried out and, also, where
and how they are to be conducted. If such inspections and tests are conducted in the
premises of the supplier or its subcontractor(s), all reasonable facilities and
assistance, including access to relevant drawings, design details and production data,
shall be furnished by the supplier to the purchaser’s inspector at no charge to the
purchaser.

8.3 If during such inspections and tests the contracted goods fail to conform to the
required specifications and standards, the purchaser’s inspector may reject them and
the supplier shall either replace the rejected goods or make all alterations necessary to
meet the specifications and standards, as required, free of cost to the purchaser and
resubmit the same to the purchaser’s inspector for conducting the inspections and
tests again.

8.4 In case the contract stipulates pre-despatch inspection of the ordered goods at
supplier’s premises, the supplier shall put up the goods for such inspection to the

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 purchaser’s inspector well ahead of the contractual delivery period, so that the
purchaser’s inspector is able to complete the inspection within the contractual
delivery period.

8.5 If the supplier tenders the goods to the purchaser’s inspector for inspection at the last
moment without providing reasonable time to the inspector for completing the
inspection within the contractual delivery period, the inspector may carry out the
inspection and complete the formality beyond the contractual delivery period at the
risk and expense of the supplier. The fact that the goods have been inspected after the
contractual delivery period will not have the effect of keeping the contract alive and
this will be without any prejudice to the legal rights and remedies available to the
purchaser under the terms & conditions of the contract.

8.6 The purchaser’s/consignee’s contractual right to inspect, test and, if necessary, reject
the goods after the goods’ arrival at the final destination shall have no bearing of the
fact that the goods have previously been inspected and cleared by purchaser’s
inspector during pre-despatch inspection mentioned above.

8.7 Goods accepted by the Purchaser and/or its inspector at initial inspection and in final
inspection in terms of the contract shall in no way dilute purchaser’s/consignee’s right
to reject the same later, if found deficient in terms of the warranty clause of the
contract, as incorporated under GCC Clause 15.
If required by the purchaser, Principal/ Foreign supplier shall also have the equipment
inspected by recognised/ reputed agency like SGS, Lloyd or equivalent (acceptable to
the purchaser) prior to despatch at the supplier’s cost and furnish necessary certificate
from the said agency in support of their claim.
For details of final inspection please refer section IV, special conditions of Contract.

9.0 Terms of Delivery

Goods shall be delivered by the supplier in accordance with the terms of delivery as follows:
a) The goods shall be supplied, unpacked, and installed and commissioned at consignee
site within 25 days from date of order. All costs including insurance, loading,
unloading etc., shall be borne by the supplier.

10. Transportation of Goods

The supplier shall at their own experience, arrange transport (including air/sea/land), loading
& unloading of goods upto the consignee address.

11. Insurance:

11.1 Unless otherwise instructed in the SCC, the supplier shall make arrangements for
insuring the goods against loss or damage incidental to manufacture or acquisition,
transportation, storage and delivery in the following manner:

In case of supply of domestic goods on Consignee site basis, the supplier shall be
responsible till the entire stores contracted for arrival in good condition at destination.
The transit risk in this respect shall be covered by the Supplier by getting the stores
duly insured. The insurance cover shall be obtained by the Supplier and should be
valid till installation, testing and commissioning in the equipment.

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 If the equipment is not commissioned and handed over to the consignee within
stipulated period, the insurance will be got extended by the supplier at their cost till
the successful installation, testing, commissioning and handing over of the goods to
the consignee. In case the delay in the installation and commissioning is due to
handing over of the site to the supplier by the consignee, such extensions of the
insurance will still be done by the supplier, but the insurance extension charges at
actuals will be reimbursed.

12. Spare parts

12.1 If specified in the List of Requirements and in the resultant contract, the supplier shall
supply/provide any or all of the following materials, information etc. pertaining to
spare parts manufactured and/or supplied by the supplier:

a) The spare parts as selected by the Purchaser to be purchased from the supplier,
subject to the condition that such purchase of the spare parts shall not relieve the
supplier of any contractual obligation including warranty obligations; and

b) In case the production of the spare parts is discontinued:

i) Sufficient advance notice to the Purchaser before such discontinuation to provide

adequate time to the purchaser to purchase the required spare parts etc., and

ii) Immediately following such discontinuation, providing the Purchaser, free of

cost, the designs, drawings, layouts and specifications of the spare parts, as and if
requested by the Purchaser.

12.2 Supplier shall carry sufficient inventories to assure ex-stock supply of consumable
spares for the goods so that the same are supplied to the Purchaser promptly on
receipt of order from the Purchaser.

13. Incidental services

13.1 Subject to the stipulation, if any, in the SCC (Section – IV), List of equipments
(Section – V) and the Technical Specification (Section – VI), the supplier shall be
required to perform the following services.

i) Installation & Commissioning, Supervision and Demonstration of the goods

and rectification of accidental damages occurred before handing over the
system/site to Hospital authorities.
ii) Providing required jigs and tools for assembly, minor civil works required for
the completion of the installation.
iii) Training to Doctors/Technicians on equipments in clinical aspects for
operating and maintaining the equipments.
iv) Deleted.
iv) Supplying required number of operation & maintenance manual for the goods.
v) Providing all the necessary as built drawings after the installation and
commissioning.

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 ix) Provide all software updates during warranty period without any additional
cost.

14. Distribution of Dispatch Documents for Clearance/Receipt of Goods

The supplier shall send all the relevant despatch documents well in time to the Purchaser to
enable the Purchaser clear or receive (as the case may be) the goods in terms of the contract.
Unless otherwise specified in the SCC, the usual documents involved and the drill to be
followed in general for this purpose are as follows.

A) For Domestic Goods, including goods already imported by the supplier under its own
arrangement.

Within 24 hours of despatch, the supplier shall notify the purchaser, consignee, and
others concerned if mentioned in the contract, the complete details of despatch and also
supply the following documents to them by registered post / speed post (or as instructed
in the contract):
Four copies of supplier’s invoice showing contract number, goods description, quantity,
unit price and total amount;
Consignee Receipt Certificate as per Section XVII in original issued by the authorized
representative of the consignee;
Two copies of packing list identifying contents of each package;
Inspection certificate issued by the nominated Inspection agency, if any.
Certificate of origin;
Insurance Certificate as per GCC Clause 11
Manufacturers/Supplier’s warranty certificate & In-house inspection certificate.

15. Warranty

15.1 The supplier warrants comprehensively that the goods supplied under the contract is
new, unused and incorporate all recent improvements in design and materials unless
prescribed otherwise by the purchaser in the contract. The supplier further warrants
that the goods supplied under the contract shall have no defect arising from design,
materials (except when the design adopted and / or the material used are as per the
Purchaser’s/Consignee’s specifications) or workmanship or from any act or omission
of the supplier, that may develop under normal use of the supplied goods under the
conditions prevailing in India.

15.2 This warranty shall remain valid for 1 (One) year from the date of handing over
entire equipment and acceptance by the Purchaser/Hospital in terms of the contract
after installation and commissioning, unless specified otherwise in the SCC.

15.3 In case of any claim arising out of this warranty, the Purchaser shall promptly notify
the same in writing to the supplier. The period of the warranty will be as per GCC
clause number 15.2 above irrespective of any other period mentioned elsewhere in the
bidding documents.

15.4 Upon receipt of such notice, the supplier shall, within 8 hours on a 24 (hrs) X 7 (days)
X 365 (days) basis respond to take action to repair or replace the defective goods or
parts thereof, free of cost, at the ultimate destination. The supplier shall take over the

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 replaced parts/goods after providing their replacements and no claim, whatsoever
shall lie on the purchaser for such replaced parts/goods thereafter. The penalty clause
for non rectification will be applicable as per tender conditions.

15.5 In the event of any rectification of a defect or replacement of any defective goods
during the warranty period, the warranty for the rectified/replaced goods shall be
extended to a further period of Twelve (12) months from the date such rectified /
replaced goods starts functioning to the satisfaction of the purchaser.

15.6 If the supplier, having been notified, fails to respond to take action to repair or replace
the defect(s) within 8 hours on a 24(hrs) X 7 (days) X 365 (days) basis, the purchaser
may proceed to take such remedial action(s) as deemed fit by the purchaser, at the
risk and expense of the supplier and without prejudice to other contractual rights and
remedies, which the purchaser may have against the supplier.

15.7 During Warranty period, the supplier is required to visit at consignee’s site at least
once in 3 months commencing from the date of the installation for preventive
maintenance of the goods.

15.8 The Purchaser reserve the rights to enter into CMC between Purchaser/Consignee and
the Supplier for the period of 5 years as mentioned in this tender, after the completion
of warranty.

15.9 The supplier along with its Indian Agent and the CMC provider shall ensure
continued supply of the spare parts for the constant performance of the machines and
equipments supplied by them to the purchaser for 8 years from the date of installation
and handing over.

15.10 The Supplier along with its Indian Agent and the CMC Provider shall always accord
most favoured client status to the Purchaser vis-à-vis its other Clients/Purchasers of
its equipment/machines/goods etc. and shall always give the most competitive price
for its machines/equipment supplied to the Purchaser.

16. Assignment

16.1 The Supplier shall not assign, either in whole or in part, its contractual duties,
responsibilities and obligations to perform the contract, except with the Purchaser’s
prior written permission.

17. Sub Contracts

17.1 The Supplier shall notify the Purchaser in writing of all sub contracts awarded under
the contract if not already specified in its tender. Such notification, in its original
tender or later, shall not relieve the Supplier from any of its liability or obligation
under the terms and conditions of the contract.
17.2 Sub contract shall be only for bought out items and sub-assemblies.
17.3 Sub contracts shall also comply with the provisions of GCC Clause 4 (“Country of
Origin”).

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18. Modification of contract

18.1 If necessary, the purchaser may, by a written order given to the supplier at any time
during the currency of the contract, amend the contract by making alterations and
modifications within the general scope of contract in any one or more of the
following:

a) Specifications, drawings, designs etc. where goods to be supplied under the

contract are to be specially manufactured for the purchaser,
b) Mode of packing,
c) Incidental services to be provided by the supplier
d) Mode of despatch,
e) Place of delivery, and
f) Any other area(s) of the contract, as felt necessary by the purchaser depending on
the merits of the case.

18.2 In the event of any such modification/alteration causing increase or decrease in the
cost of goods and services to be supplied and provided, or in the time required by the
supplier to perform any obligation under the contract, an equitable adjustment shall
be made in the contract price and/or contract delivery schedule, as the case may be,
and the contract amended accordingly. If the supplier doesn’t agree to the adjustment
made by the Purchaser, the supplier shall convey its views to the Purchaser within
twenty-one days from the date of the supplier’s receipt of the
Purchaser’s/Consignee’s amendment / modification of the contract.

19. Prices

19.1 Prices to be charged by the supplier for supply of goods and provision of services in
terms of the contract shall not vary from the corresponding prices quoted by the
supplier in its tender and incorporated in the contract except for any price adjustment
authorised in the SCC.

20. Taxes and Duties

20.1 Supplier shall be entirely responsible for all taxes, duties, fees, levies etc. incurred
until delivery of the contracted goods to the purchaser.
20.2 Further instruction, if any, shall be as provided in the SCC.

21. Terms and Mode of Payment

Payment Terms
a) 90% of supply value shall be released against supply and certificate for receipt of the
item in good condition from the Hospital/Purchaser.

b) Final 10% shall be released against submission of certificate issued by

Hospital/Purchaser certifying that the facility has been installed, commissioned and
handed over and submission on Performance Security and other documents stated in
this tender.

Page 32 of 64
 c) Payment shall be made subject to recoveries, if any, by way of liquidated damages or
any other charges as per terms & conditions of contract and upon the submission of the
following documents:
i. Four copies of supplier’s invoice showing contract number, goods description,
quantity, unit price and total amount;
ii. Consignee Receipt Certificate as per Section XVII in original issued by the
authorized representative of the consignee;
iii. Two copies of packing list identifying contents of each package;
iv. Inspection certificate issued by the nominated Inspection agency, if any.
v. Insurance Certificate as per GCC Clause 11 and documents also to be submitted for
payment of LC confirming that dispatch documents has already been sent to all
concerned as per the contract within 24 hours;
vi. Certificate of origin.
vii. Certifications from Doctors and Embryologist in proof of training imparted to them.

21.1 CAMC Payment :

The payment of CMC will be made on half yearly basis, after satisfactory completion
of said period on submission of bills with supporting documents, certified by the
Hospital authorities, in proof of preventive and breakdown maintenance having
rendered in the 6 months. In case the supplier / contractor fails carry out the
preventive maintenance, in the stipulated period, the purchaser may extend the period
of contract to the period of non services or impose the penalty on the contractor at the
discretion of the contractor. However such non service(s) is/ are by a reason of
Hospital, the penalty / extension mentioned above will not be applicable.
21.2 The supplier shall not claim any interest on payments under the contract.
21.3 Where there is a statutory requirement for tax deduction at source, such deduction
towards income tax and other tax as applicable will be made from the bills payable to
the Supplier at rates as notified from time to time.
21.4 The payment shall be made in Indian Rupees.
21.5 The supplier shall send its claim for payment in writing, when contractually due,
along with relevant documents etc., duly signed with date.
21.6 While claiming payment, the supplier is also to certify in the bill that the payment
being claimed is strictly in terms of the contract and all the obligations on the part of
the supplier for claiming that payment has been fulfilled as required under the
contract.
21.7 The payment for the preventive maintenance will be released only on the submission
of performance security of 5% for the particular year.

22. Delay in the supplier’s performance

22.1 The supplier shall deliver of the goods and perform the services under the contract
within the time schedule specified by the Purchaser in the List of Requirements and
as incorporated in the contract.
22.2 Subject to the provision under GCC clause 26, any unexcused delay by the supplier in
maintaining its contractual obligations towards delivery of goods and performance of
services shall render the supplier liable to any or all of the following sanctions:

(i) Imposition of liquidated damages,

(ii) Forfeiture of its performance security and

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 (iii) Termination of the contract for default.

22.3 If at any time during the currency of the contract, the supplier encounters conditions
hindering timely delivery of the goods and performance of services, the supplier shall
promptly inform the Purchaser in writing about the same and its likely duration and
make a request to the Purchaser for extension of the delivery schedule accordingly.
On receiving the supplier’s communication, the Purchaser shall examine the situation
as soon as possible and, at its discretion, may agree to extend the delivery schedule,
with or without liquidated damages for completion of supplier’s contractual
obligations by issuing an amendment to the contract.
22.4 When the period of delivery is extended due to unexcused delay by the supplier, the
amendment letter extending the delivery period shall, interalia contain the following
conditions:

(a) The Purchaser shall recover from the supplier, under the provisions of the clause
23 of the General Conditions of Contract, liquidated damages on the goods and
services, which the Supplier has failed to deliver within the delivery period
stipulated in the contract.
(b) That no increase in price on account of any ground, whatsoever, including any
stipulation in the contract for increase in price on any other ground and, also
including statutory increase in or fresh imposition of customs duty, excise duty,
sales tax/ VAT, Service Tax and Works Contract Tax or on account of any other
tax or duty which may be levied in respect of the goods and services specified in
the contract, which takes place after the date of delivery stipulated in the
contract shall be admissible on such of the said goods and services as are
delivered and performed after the date of the delivery stipulated in the contract.
(c) But nevertheless, the Purchaser shall be entitled to the benefit of any decrease in
price on account of reduction in or remission of customs duty, excise duty, sales
tax/ VAT, Service Tax and Works Contract Tax or any other duty or tax or levy
or on account of any other grounds, which takes place after the expiry of the
date of delivery stipulated in the contract.

22.5 The supplier shall not dispatch the goods after expiry of the delivery period. The
supplier is required to apply to the Purchaser for extension of delivery period and
obtain the same before despatch. In case the supplier dispatches the goods without
obtaining an extension, it would be doing so at its own risk and no claim for payment
for such supply and / or any other expense related to such supply shall lie against the
purchaser.

23. Liquidated damages

23.1 Subject to GCC clause 26, if the supplier fails to deliver any or all of the goods or
fails to perform the services within the time frame(s) incorporated in the contract, the
Purchaser shall, without prejudice to other rights and remedies available to the
Purchaser under the contract, deduct from the contract price, as liquidated damages, a
sum equivalent to 0.5% per week of delay or part thereof on delayed supply of goods
and/or services until actual delivery or performance subject to a maximum of 10% of
the contract price. Once the maximum is reached Purchaser may consider termination
of the contract as per GCC 24.

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 During the above-mentioned delayed period of supply and / or performance, the
conditions incorporated under GCC sub-clause 22.4 above shall also apply.

24. Termination for default

24.1 The Purchaser, without prejudice to any other contractual rights and remedies
available to it (the Purchaser), may, by written notice of default sent to the supplier,
terminate the contract in whole or in part, if the supplier fails to deliver any or all of
the goods or fails to perform any other contractual obligation(s) within the time
period specified in the contract, or within any extension thereof granted by the
purchaser pursuant to GCC sub-clauses 22.3 and 22.4.
24.2 In the event of the Purchaser terminates the contract in whole or in part, pursuant to
GCC sub-clause 24.1 above, the Purchaser may procure goods and/or services similar
to those cancelled, with such terms and conditions and in such manner as it deems fit
and the supplier shall be liable to the Purchaser for the extra expenditure, if any,
incurred by the Purchaser for arranging such procurement.
24.3 Unless otherwise instructed by the Purchaser, the supplier shall continue to perform
the contract to the extent not terminated.

25. Termination for insolvency

25.1 If the supplier becomes bankrupt or otherwise insolvent, the purchaser reserves the
right to terminate the contract at any time, by serving written notice to the supplier
without any compensation, whatsoever, to the supplier, subject to further condition
that such termination will not prejudice or affect the rights and remedies which have
accrued and / or will accrue thereafter to the Purchaser.

26. Force Majeure

26.1 Notwithstanding the provisions contained in GCC clauses 22, 23 and 24, the supplier
shall not be liable for imposition of any such sanction so long the delay and/or failure
of the supplier in fulfilling its obligations under the contract is the result of an event
of Force Majeure.
26.2 For purposes of this clause, Force Majeure means an event beyond the control of the
supplier and not involving the supplier’s fault or negligence and which is not
foreseeable and not brought about at the instance of, the party claiming to be affected
by such event and which has caused the non–performance or delay in performance.
Such events may include, but are not restricted to, acts of the Purchaser either in its
sovereign or contractual capacity, wars or revolutions, hostility, acts of public enemy,
civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine
restrictions, strikes excluding by its employees , lockouts excluding by its
management, and freight embargoes.
26.3 If a Force Majeure situation arises, the supplier shall promptly notify the Purchaser in
writing of such conditions and the cause thereof within twenty one days of occurrence
of such event. Unless otherwise directed by the Purchaser in writing, the supplier
shall continue to perform its obligations under the contract as far as reasonably
practical, and shall seek all reasonable alternative means for performance not
prevented by the Force Majeure event.
26.4 If the performance in whole or in part or any obligation under this contract is
prevented or delayed by any reason of Force Majeure for a period exceeding sixty

Page 35 of 64
 days, either party may at its option terminate the contract without any financial
repercussion on either side.
26.5 In case due to a Force Majeure event the Purchaser is unable to fulfil its contractual
commitment and responsibility, the Purchaser will notify the supplier accordingly and
subsequent actions taken on similar lines described in above sub-paragraphs.

27. Termination for convenience

27.1 The Purchaser reserves the right to terminate the contract, in whole or in part for its
(Purchaser’s) convenience, by serving written notice on the supplier at any time
during the currency of the contract. The notice shall specify that the termination is for
the convenience of the Purchaser. The notice shall also indicate interalia, the extent to
which the supplier’s performance under the contract is terminated, and the date with
effect from which such termination will become effective.
27.2 The goods and services which are complete and ready in terms of the contract for
delivery and performance within thirty days after the supplier’s receipt of the notice
of termination shall be accepted by the Purchaser following the contract terms,
conditions and prices. For the remaining goods and services, the Purchaser may
decide:

a) To get any portion of the balance completed and delivered at the contract terms,
conditions and prices; and / or
b) To cancel the remaining portion of the goods and services and compensate the
supplier by paying an agreed amount for the cost incurred by the supplier towards the
remaining portion of the goods and services.

28. Governing language

28.1 The contract shall be written in English language following the provision as contained
in GIT clause 4. All correspondence and other documents pertaining to the contract,
which the parties exchange, shall also be written accordingly in that language.

29. Notices

29.1 Notice, if any, relating to the contract given by one party to the other, shall be sent in
writing or by cable and confirmed in writing. The procedure will also provide the
sender of the notice, the proof of receipt of the notice by the receiver. The addresses
of the parties for exchanging such notices will be the addresses as incorporated in the
contract.
29.2 The effective date of a notice shall be either the date when delivered to the recipient
or the effective date specifically mentioned in the notice, whichever is later.

30. Resolution of disputes

30.1 If dispute or difference of any kind shall arise between the Purchaser and the supplier
in connection with or relating to the contract, the parties shall make every effort to
resolve the same amicably by mutual consultations.
1. If the parties fail to resolve their dispute or difference by such mutual
consultations within twenty one days of its occurrence the same shall be referred

Page 36 of 64
 by the purchaser to the sole arbitration of an Officer , appointed by the C&MD,
HLL from the department other than the department who has decided the
tender. The award of the arbitrator shall be final and binding on the parties to
this contract.
2. In the event of the Arbitrator neglecting or refusing to act or resigning or being
unable to act for any reason, or his award being set aside by the court for any
reason, it shall be lawful for the purchaser to appoint another arbitrator in place
of the outgoing arbitrator in the manner aforesaid.
3. It is further a term of contract that no person other than the person appointed by
the purchaser as aforesaid should act as arbitrator and that, if for any reason that
is not possible, the matter is not to be referred to Arbitration at all.
4. The arbitrator may from time to time with the consent of all parties to the
contract enlarge the time for making the award.
5. Upon every and any such reference, the assessment of the costs incidental to the
reference and award respectively shall be in the discretion of the arbitrator.
6. Subject as foresaid the Arbitration Act amended up to date and the rules there
under and any statutory modification thereof for the time being a in force shall be
deemed to apply to the Arbitration proceedings under this clause.
7. The arbitrator shall be requested to give reasoned award.
8. The venue of arbitration shall be the place from which formal Acceptance of
Tender is issued or such other place as the purchaser at his discretion may
determine.

31. Applicable Law

The contract shall be governed by and interpreted in accordance with the laws of India
for the time being in force.

32. General/ Miscellaneous Clauses

a. Nothing contained in this Contract shall be constructed as establishing or creating

between the parties, i.e. the Supplier/its Indian Agent/CMC Provider on the one side
and the Purchaser on the other side, a relationship of master and servant or principal
and agent.
b. Any failure on the part of any Party to exercise right or power under this Contract
shall not operate as waiver thereof.
c. The Supplier shall notify the Purchaser of any material change would impact on
performance of its obligations under this Contract.
d. Each member/constituent of the Supplier/its Indian Agent/CMC Provider, in case of
consortium shall be jointly and severally liable to and responsible for all obligations
towards the Purchaser for performance of contract/services including that of its
Associates/Sub Contractors under the Contract.
e. The Supplier/its Indian Agent/CMC Provider shall at all times, indemnify and keep
indemnified the Purchaser against all claims/damages etc. for any infringement of any
Intellectual Property Rights (IPR) while providing its services under CMC or the
Contract.
f. The Supplier/its Agent/CMC Provider shall, at all times, indemnify and keep
indemnified the Purchaser against any claims in respect of any damages or
compensation payable in consequences of any accident or injury sustained or suffered
by its employees or agents or by any other third party resulting from or by any action,

Page 37 of 64
 omission or operation conducted by or on behalf of the supplier/its associate/affiliate
etc.
g. All claims regarding indemnity shall survive the termination or expiry of the contract

Page 38 of 64
 SECTION –IV

SPECIAL CONDITIONS OF CONTRACT (SCC)

1. General requirement for eligibility

a) In order to decide the responsive ness of tender, the Purchaser may ask to the tenderer
for Demonstration of equipment/system, presentations and sample and the tenderer
shall arrange Purchaser’s requirement as and when so asked, failing which the tender
shall be deemed as non-responsive.

b) The Licences, Certifications, if any, required from the regulatory authorities in India
with respect to this tender shall be produced along with the tender.

c) All technical details, catalogue, application details, shall be provided along with the
tender.

d) One to one compliance statement to technical specification requirements against each

item shall be provided along with the tender, with pamphlets/Catalogs.

e) Acceptance test should be done at Medical College Hospital Kozhikode, prior to

handing over of equipment.

f) All details of pre installation and installation works along with schedules & drawings
should be supplied within a week of award of order.

2. Final Inspection

The final inspection of the Goods will be done by the Technical Committee of HLL and
consignee after installation and commissioning of the goods.

3. Warranty:

a) Three years Comprehensive Warranty as per Conditions of Contract of the TE

document for complete equipment from the date of satisfactory installation,
commissioning, trial run & handing over of equipment to Hospital/Institution.
b) 95% uptime Warranty of complete equipment with extension of Warranty period by
double the downtime period on 24 (hrs) X 7 (days) X 365 (days) basis.
c) All software updates should be provided free of cost during Warranty period.

4. After Sales Service:

After sales service centre should be available at on 24 (hrs) X 7 (days) X 365 (days) basis.
Breakdowns/Complaints should be attended within 8 hrs. An undertaking by the
Manufacturer shall accompany the tender that the spares for the equipment shall be available
for at least years from the date of supply.

Page 39 of 64
5. CAMC :
a) Tenderer shall offer price for

CAMC rates separately in SECTION – X, PRICE SCHEDULE (B)

CAMC shall be awarded at the discretion of Purchaser/Hospital at the end of the

warranty period.

b) The CAMC shall be for 5 years after completion of 1 year warranty period.

c) Preventive Maintenance services during CAMC shall be rendered on half yearly basis
with minimum gap between two services shall be not less than 150 days and not more
than 180 days.

d) Breakdown calls shall be attended immediately and major complaints shall be

rectified within 3 calendar days from the date of intimation. The breakdown calls
shall not be combined with preventive maintenance calls.

e) In case the performance of CAMC services is not satisfactory and found below the
95% uptime level, the Purchaser / Hospital has the right to source the maintenance
services from other means/agency at the risk and cost of contractor including
termination of contract and legal/penal actions.

f) On receipt of CAMC order, the contractor shall furnish performance security for an
amount equal to 5% of the CAMC value per annum in the form of Demand Draft or
Performance Bank Guarantee, which will be renewed in term with value of every year
till completion of CAMC period.

6. Deleted..

7. CMC:

a) The cost of CMC includes preventive maintenance with required testing, calibration as
per technical/service/operational manual, labour and spares. The supplier shall visit the
site as recommended in the manufacturer’s technical/ service /operational manual, but
minimum once in six months during the CMC period for preventive maintenance.

b) The cost of CMC may be quoted along with taxes and duties applicable on the date of
Tender Opening. The taxes to be paid extra, to be specifically stated. In the absence of
any such stipulation, the price will be taken inclusive of such taxes and no claim for the
same will be entertained later.

c) The payment of CMC will be made on half yearly basis after satisfactory completion of
said period, duly certified by Hospital authorities, but subject to valid Performance
Security.

e) There will be 95% uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365
(days) basis, with penalty, to extend CMC period by double the downtime period.

f) During the CMC period, all software updates should be provided free of cost.

Page 40 of 64
 SECTION V

LIST OF REQUIREMENTS

List of Equipments

Sl.
PRODUCT DESCRIPTION QTY
No.
1 RADIANT WARMER 156 Nos.

Page 41 of 64
 SECTION VI (A)

Technical Specification

RADIANT WAMER

 Heater Element: Quartz Encapsulated 600watts heater with parabolic reflector

 Heater output: 0 to 100% 20% increment
 Probe: Thermistor based interchangeable probe
 Range: 25C to 40C
 Accuracy: +0.2 C
 Resolution: 0.1C
 Power: 180V to 250V at 50Hz 700W
 Temperature Display: Bright 1” numerical LED display for infant temperature, Bright 0.5”
numerical LD display for set temperature
 Safety: Automatic cutoff of heater at 40C key lock facility
 Heater module swivel: +90 degree
 Mattress size: 800 x 500mm (2” thick)
 Alarms: |High temperature, low temperature, temperature, temperature probe failure, system
failure, heater failure.
 Coating: Epoxy/powder coated body for scratch and rust prevention
 Should be provided with an instrument tray.
 Should have a provision for |X-ray cartridge placement below the mattress of the infant to
take X-ray without disturbing the infant.
 The heater unit should swivel away to accommodate the X-ray unit above the bed of the
infant.
 Should be provided with an IV pole and should have sufficient strength and diameter to carry
2 infusion pumps
 Should have one tray and a utility drawer.
 Should have halogen base e3xaqmination lamp ad should have a provision on either side as
an accessory.
 Device is produced by ISO certified manufacturer
 Device is safety certified according European CE certified or USFDA.

Page 42 of 64
 SECTION VI (B)

DELIVERY DESTINATIONS

Sl.No Hospital Name of District Qty

1 District Hospital, Bokaro Bokaro 12 Nos.

2 District Hospital, Deoghar Deoghar 12 Nos.
3 District Hospital, Dumka Dumka 12 Nos.
4 District Hospital, Giridih Giridih 12 Nos.
5 District Hospital, Hazaribag Hazaribag 12 Nos.
6 District Hospital, Jamtara Jamtara 12 Nos.
7 District Hospital, Simdega Simdega 12 Nos.
8 District Hospital, Latehar Latehar 12 Nos.
9 District Hospital, Pakur Pakur 12 Nos.
10 District Hospital, Palamu Palamu 12 Nos.
11 District Hospital, Godda Godda 12 Nos.
12 District Hospital, Koderma Koderma 12 Nos.
13 District Hospital, Rajmahal Sahebganj 12 Nos.

Page 43 of 64
 Section – VII

Quality Control Requirements

(Proforma for equipment and quality control employed by the manufacturer(s)

Tender Reference No.

Date of opening

Time

Name and address of the Tenderer:

Note: All the following details shall relate to the manufacturer(s) for the goods quoted for.

01 Name of the manufacturer

a. Full postal address with e mail address.
b. Telephone number
c. Fax number
d. E-mail

02 Quality control arrangement details

a. For final product evaluation

03 Test certificate held

a . Type test
b . BIS/ISO certification
c . Any other

Signature and seal of the Tenderer

Page 44 of 64
 Section – VIII
Qualification Criteria

Sl. Minimum Eligibility

Narrations
No. criteria
The Tenderer must be a Manufacturer or its authorised
Agent. (In the case of Agent, Manufacturer’s
1 Authority to tender authorisation letter shall be attached along with the
Tender)
The Tenderer should have supplied and installed atleasst
2 Experience 50 Nos. of Radiant Warmer in any of the last 3 years,
one year prior to this tender.
The Tenderer should have an Annual Turnover of
1 crore in the last 3 years. (The relevent pages of
Financial capability balance sheet showing annual turn over and profit and
3
loss account duly certified by Chartered Accountant
shall be enclosed– Proforma ‘A’- I)

Responsiveness to List of The items quoted shall be responsive to the

4
Equipments requirements in the List of Equipments in the Tender.

Note

1. In support of 3, the Tenderer shall furnish Performance statement in the enclosed Proforma ‘A’
II (SECTION- IX) duly signed by the Purchaser

2. The Tenderer shall furnish a brief write-up, packed with adequate data explaining and
establishing his available capacity/capability (both technical and financial) to perform the
Contract (if awarded) within the stipulated time period, after meeting all its current/present
commitments. The Tenderer shall also furnish details of Equipment and Quality Control in the
enclosed Section VII.

3. Not withstanding anything stated above, the Purchaser reserves the right to assess the Tenderer’s
capability and capacity to perform the contract satisfactorily before deciding on award of
Contract, should circumstances warrant such an assessment in the overall interest of the
Purchaser.

4. The Purchaser reserves the right to ask for a free demonstration of the quoted equipment at a pre
determined place acceptable to the purchaser for technical acceptability as per the tender
specifications, before the opening of the Price Tender.

Page 45 of 64
 Section – IX
TENDER FORM
Date__________

To
The Joint General Manager (Materials)
HLL Lifecare Limited
Akkulam Factory, Sreekaryam P.O. ,
Thiruvananthapuram -17
Phone 0471 2445930 / 2445935
Email: hcdcmo@lifecarehll.com

TENDER No. _________dated ___________

We, the undersigned have examined the above mentioned TE document, including
amendment/corrigendum No. __________, dated ________ (if any), the receipt of which is hereby
confirmed. We now offer to supply and deliver___________ (Description of goods and services) in
conformity with your above referred document for the sum of _____________ (total tender amount
in figures and words), as shown in the price schedule(s), attached herewith and made part of this
tender.
If our tender is accepted, we undertake to supply the goods and perform the services as mentioned
above, in accordance with the delivery schedule specified in the List of Requirements.
We further confirm that, if our tender is accepted, we shall provide you with a performance security
of required amount in an acceptable form in terms of GCC clause 5, read with modification, if any,
in Section - IV – “Special Conditions of Contract”, for due performance of the contract.
We agree to keep our tender valid for acceptance as required in the GIT clause 20, or for
subsequently extended period, if any, agreed to by us. We also accordingly confirm to abide by this
tender up to the aforesaid period and this tender may be accepted any time before the expiry of the
aforesaid period. We further confirm that, until a formal contract is executed, this tender read with
your written acceptance thereof within the aforesaid period shall constitute a binding contract
between us.
We further understand that you are not bound to accept the lowest or any tender you may receive
against your above-referred tender enquiry.
We confirm that we do not stand deregistered/banned/blacklisted by any Govt. Authorities.
We confirm that we fully agree to the terms and conditions specified in above mentioned TE
document, including amendment/ corrigendum if any

(Signature with date)

(Name and designation) Duly authorised to sign tender for and on behalf of

Page 46 of 64
 PROFORMA ‘A’ I

Name & Address of

Tenderer :

Whether Manufacturer
or agent :

------------------------------------------------------------------------------------------------------------------------------
Financial Data 13-14 14-15 15-16 Average annual
turn over for last 3 years

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

Annual Turn over

Gross Profit/Loss

Whether attached the relevant

Pages of Balance sheet and
Profit and Loss A/c duly certified
By Chartered Accountant

Signature and stamp of Chartered Accountant Signature of Tenderer with stamp

Page 47 of 64
 PROFORMA ‘A’ II (Documentary proof for Proforma ‘A’)
PROFORMA FOR PERFORMANCE STATEMENT
(For the period of last three years)

Tender Reference No. : _________________________________

Date of opening : _________________________________

Order cross reference No. : _________________________________

Name and address of Purchaser : _________________________________

Country of origin,Name and address
of the manufacturer/Tenderer : _________________________________

Order Description Date of Remarks

Value Have the
placed by Order and quantity completion of indicating
of goods been
(full number of ordered Contract reasons for
order functioning
address of and date goods and As per delay if
(Rs.) Actual Satisfactorily
Purchaser services contract any
1 2 3 4 5 6 7 8

Date:
Signature and seal of the Purchaser

NB: Satisfactory performance certificate from clients to be enclosed

Page 48 of 64
 Section – IXB
TENDER FORM (for price bid)
Date__________

To

The Joint General Manager (Materials)

HLL Lifecare Limited
Akkulam Factory, Sreekaryam P.O. ,
Thiruvananthapuram -17
Phone 0471 2445930 / 2445935
Email: hcdcmo@lifecarehll.com

Tender No. _________dated ___________

We, the undersigned have examined the above mentioned TE document, including
amendment/corrigendum No. __________, dated ________ (if any), the receipt of which is hereby
confirmed. We now offer to supply and deliver___________ (Description of goods and services) in
conformity with your above referred document for the sum of _____________ (total tender amount in
figures and words), as shown in the price schedule(s), attached herewith and made part of this tender.
If our tender is accepted, we undertake to supply the goods and perform the services as mentioned
above, in accordance with the delivery schedule specified in the List of Requirements.
We further confirm that, if our tender is accepted, we shall provide you with a performance security
of required amount in an acceptable form in terms of GCC clause 5, read with modification, if any, in
Section - IV – “Special Conditions of Contract”, for due performance of the contract.
We agree to keep our tender valid for acceptance as required in the GIT clause 20, read with
modification, if any in – “Special Instructions to Tenderers” or for subsequently extended period, if
any, agreed to by us. We also accordingly confirm to abide by this tender up to the aforesaid period
and this tender may be accepted any time before the expiry of the aforesaid period. We further
confirm that, until a formal contract is executed, this tender read with your written acceptance thereof
within the aforesaid period shall constitute a binding contract between us.
We further understand that you are not bound to accept the lowest or any tender you may receive
against your above-referred tender enquiry.
We confirm that we do not stand deregistered/banned/blacklisted by any Govt. Authorities.
We confirm that we fully agree to the terms and conditions specified in above mentioned TE
document, including amendment/ corrigendum if any

(Signature with date)

(Name and designation) Duly authorised to sign tender for and on behalf of

Page 49 of 64
Page 50 of 64
 SECTION – X PRICE SCHEDULE
A) PRICE SCHEDULE FOR SUPPLY AND INSTALLATION RADIANT WARMER
1 2 3 4 5 6
Price per unit (Rs.) Total Price
Unit Price (at (at
Freight& Service Other
Basic Excise Consignee
Brief Quanti Sales Tax Insurance & charges, charges, Consignee Site)
SI Brand / Manufactur Price duty @ Site) basis
Description of ty @ Delivery at if any, if any, basis
No Model er (Rs.)
Goods (Nos.) Destination specify specify
4 x 5(g)
(a) (b) (c) (d) (g) =a+b+c+d+e+f
(e) (f)
% Amt % Amt % Amt
Radiant 156
1
Warmer Nos

Total tender price in rupees________________________________________________________________

In words: _____________________________________________________________________________________________________
Note:
1. If there is a discrepancy between the unit price and total price THE UNIT PRICE shall prevail.
2. The charges for CMC after warranty shall be quoted separately as per Section – X – Price Schedule (B)
Name________________________
Business Address________________________
Place: __________________________ Signature of Tenderer________________________
Date: _________________________

51
 SECTION – X PRICE SCHEDULE
B) PRICE SCHEDULE FOR COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT AFTER WARRANTY PERIOD
1 2 3 4 5
Comprehensive Maintenance Contract price for Each Unit year Total Comprehensive
SI BRIEF DESCRIPTION Qty. wise*. Maintenance Contract
No. OF GOODS (Nos.) 1st year 2nd year 3rd year 4thyear 5th year price for 5 Years
a B c d e (4a+4b+4c+4d+4e)

1 Radiant Warmer 156

* After completion of 3 years Warranty period

NOTE:-
1. In case of discrepancy between unit price and total prices, THE UNIT PRICE shall prevail.
2. The cost of CMC which includes preventive maintenance including testing & calibration as per technical/ service /operational manual, labour and spares,
after satisfactory completion of Warranty period may be quoted for next 5 years on yearly basis for complete equipment and Turnkey.
3. The cost of CMC may be quoted along with taxes applicable on the date of Tender Opening. The taxes to be paid extra, to be specifically stated. In the
absence of any such stipulation the price will be taken inclusive of such taxes and no claim for the same will be entertained later.
4. Successful tenderer shall enter into an agreement.
5. The payment of CMC will be made as per clause GCC clause 21.1.
6. The uptime warranty will be 95 % on 24 (hrs) X 7 (days) X 365 (days) basis or as stated in Technical Specification of the TE document.
7. All software updates should be provided free of cost during CMC period.
8. The stipulations in Technical Specification will supersede above provisions.
9. The supplier shall keep sufficient stock of spares required during Annual Maintenance Contract period. In case the spares are required to be imported, it
would be the responsibility of the supplier to import and get them custom cleared and pay all necessary duties.
Name________________________
Business Address________________________
Place: ___________________________ Signature of Tenderer________________________
Date: _________________________ Seal of the Tenderer________________________

52
 SECTION – XI
CHECK LIST
Name of Tenderer:
Name of Manufacturer:

Page No. in
Sl
Activity Yes/ No/ NA the TE Remarks
No.
document
Have you enclosed EMD of required amount for the
1. a.
quoted schedules?
In case EMD is furnished in the form of Bank
b.
Guarantee, has it been furnished as per Section XIII?
In case Bank Guarantee is furnished, have you kept
c. its validity of 165 days from Techno Commercial
Tender Opening date as per clause 19 of GIT?
Have you enclosed duly filled Tender Form as per
2. a.
format in Section IX?
Have you enclosed Power of Attorney in favour of the
b.
signatory?
Have you enclosed clause-by-clause technical
3. a. compliance statement for the quoted goods vis-à-vis
the Technical specifications?
In case of Technical deviations in the compliance
b. statement, have you identified and marked the
deviations?
Have you submitted satisfactory performance
certificate as per the Proforma for performance
4. a.
statement in Sec. IX of TE document in respect of all
orders?
Have you submitted copy of the order(s) and end user
b.
certificate?
Have you submitted manufacturer’s authorization as
5.
per Section XIV?
Have you submitted prices of goods, CMC etc. in the
6.
Price Schedule as per Section X?
Have you kept validity of 120 days from the Techno
7. Commercial Tender Opening date as per the TE
document?

53
 Page No. in
Sl
Activity Yes/ No/ NA the TE Remarks
No.
document
In case of Indian Tenderer, have you furnished
8. a. Income Tax Account No. as allotted by the Income
Tax Department of Government of India?
In case of Foreign Tenderer, have you furnished
Income Tax Account No. of your Indian Agent as
b.
allotted by the Income Tax Department of
Government of India?
Have you intimated the name and full address of your
9.
Banker (s) along with your Account Number
Have you fully accepted payment terms as per TE
10.
document?
Have you fully accepted delivery period as per TE
11.
document?
12. Have you submitted the certificate of incorporation?
13. Have you accepted the warranty as per TE document?
Have you accepted terms and conditions of TE
14.
document?
Have you furnished documents establishing your
15. eligibility & qualification criteria as per TE
documents?
Have you furnished relevant pages of Annual Report
(Balance Sheet and Profit & Loss Account) regarding
16.
turnover and profit for last three years prior to the
date of Tender opening?

Date:
Name

Signature

Stamp and full address

54
 SECTION – XII
BANK GUARANTEE FORM FOR EMD

Whereas ______________________________ (hereinafter called the “Tenderer”) has submitted its

quotation dated ___________________ for the supply of _____________________________
(hereinafter called the “tender”) against the purchaser’s tender enquiry No.
__________________________________ Know all persons by these presents that we
______________________________ of _______________________________ (Hereinafter called
the “Bank”) having our registered office at ________________________________ are bound unto
____________________________ (hereinafter called the “Purchaser) in the sum of
_________________________ for which payment will and truly to be made to the said Purchaser, the
Bank binds itself, its successors and assigns by these presents. Sealed with the Common Seal of the
said Bank this _____________________ day of _______ 20____. The conditions of this obligation
are:
(1) If the Tenderer withdraws or amends, impairs or derogates from the tender in any respect
within the period of validity of this tender.
(2) If the Tenderer having been notified of the acceptance of his tender by the Purchaser
during the period of its validity:-

a) fails or refuses to furnish the performance security for the due performance of the
contract.
or
b) fails or refuses to accept/execute 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 Purchaser up to the above amount upon receipt of its first written demand,
without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser
will note that the amount claimed by it is due to it owing to the occurrence of one or both the two
conditions, specifying the occurred condition(s).
This guarantee will remain in force for a period of forty-five days after the period of tender validity
and any demand in respect thereof should reach the Bank not later than the above date.
(Signature of the authorised officer of the Bank)

Name and designation of the officer

Seal, name & address of the Bank and address of the Branch

55
 SECTION – XIII

BANK GUARANTEE FORM FOR PERFORMANCE SECURITY/ CMC SECURITY

To
HLL Lifecare Limited
Akkulam Factory, Sreekaryam P.O. ,
Thiruvananthapuram -17
Phone 0471 2445930 / 2445935
Email: hcdcmo@lifecarehll.com

WHEREAS _____________________________ (Name and address of the supplier) (Hereinafter

called “the supplier”) has undertaken, in pursuance of contract no________________________ dated
_____________ to supply (description of goods and services) (herein after called “the contract”).
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall furnish you
with a bank guarantee by a scheduled commercial bank recognised by you for the sum specified therein
as security for compliance with its obligations in accordance with the contract;
AND WHEREAS we have agreed to give the supplier such a bank guarantee;
NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the
supplier, up to a total of. ________________________ (Amount of the guarantee in words and
figures), and we undertake to pay you, upon your first written demand declaring the supplier to be in
default under the contract and without cavil or argument, any sum or sums within the limits of (amount
of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your
demand or the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the supplier before presenting us
with the demand.
We further agree that no change or addition to or other modification of the terms of the contract to be
performed there under or of any of the contract documents which may be made between you and the
supplier shall in any way release us from any liability under this guarantee and we hereby waive notice
of any such change, addition or modification.
This guarantee shall be valid up to 36 (thirty Six) months from the date of Notification of Award i.e up
to ----------- (indicate date)

…………………………….
(Signature with date of the authorised officer of the Bank)
………………………………………………………….
Name and designation of the officer
………………………………………………………….
………………………………………………………….
Seal, name & address of the Bank and address of the Branch

56
 SECTION – XIV
MANUFACTURER’S AUTHORISATION FORM

To

The Joint General Manager (Materials)

HLL Lifecare Limited
Akkulam Factory, Sreekaryam P.O. ,
Thiruvananthapuram -17
Phone 0471 2445930 / 2445935
Email: hcdcmo@lifecarehll.com

Dear Sirs,
Ref. Your TE document No ____________, dated _____________

We, ___________________________________ who are proven and reputable manufacturers

of___________________________(name and description of the goods offered in the tender) having
factories at_______________________________, hereby authorise
Messrs______________________________(name and address of the agent) to submit a tender,
process the same further and enter into a contract with you against your requirement as contained in the
above referred TE documents for the above goods manufactured by us.
We further confirm that no supplier or firm or individual other than Messrs.
__________________________ (name and address of the above agent) is authorised to submit a
tender, process the same further and enter into a contract with you against your requirement as
contained in the above referred TE documents for the above goods manufactured by us.
We also hereby extend our full warranty, CMC as applicable as per clause 15 of the General
Conditions of Contract, read with modification, if any, in the Special Conditions of Contract for the
goods and services offered for supply by the above firm against this TE document.
Yours faithfully,

[Signature with date, name and designation]

for and on behalf of Messrs___________________________

[Name & address of the manufacturers]

Note :This letter of authorisation should be on the letter head of the manufacturing firm and should be
signed by a person competent and having the power of attorney to legally bind the
manufacturer.

57
 SECTION – XV
CONTRACT FORM - A
CONTRACT FORM FOR SUPPLY, INSTALLATION, COMMISSIONING, HANDING
OVER, TRIAL RUN, TRAINING OF OPERATORS & WARRANTY OF GOODS

(Address of the Purchaser’s/Consignee’s

office issuing the contract)

Contract No___________ dated______________

This is in continuation to this office’s Notification of Award No_______ dated ______

1. Name & address of the Supplier: ______________________________

2. Purchaser’s TE document No________ dated____________ and subsequent Amendment

No____________, dated_________ (if any), issued by the purchaser

3. Supplier’s Tender No_________ dated__________ and subsequent communication(s)

No____________ dated _________ (if any), exchanged between the supplier and the purchaser in
connection with this tender.

4. In addition to this Contract Form, the following documents etc, which are included in the documents
mentioned under paragraphs 2 and 3 above, shall also be deemed to form and be read and construed
as integral part of this contract:

(i) General Conditions of Contract;

(ii) Special Conditions of Contract;
(iii) List of Requirements;
(iv) Technical Specifications;
(v) Quality Control Requirements;
(vi) Tender Form furnished by the supplier;
(vii) Price Schedule(s) furnished by the supplier in its tender;
(viii) Manufacturers’ Authorisation Form (if applicable for this tender);
(ix) Purchaser’s Notification of Award

Note : The words and expressions used in this contract shall have the same meanings as are
respectively assigned to them in the conditions of contract referred to above. Further, the definitions
and abbreviations incorporated under clause 1 of Section II – ‘General Instructions to Tenderers’ of
the Purchaser’s TE document shall also apply to this contract.

5. Some terms, conditions, stipulations etc. out of the above-referred documents are reproduced below
for ready reference:
(i) Brief particulars of the goods and services which shall be supplied/ provided by the supplier
are as under:

58
 Schedule Brief description of Accounting Quantity to Unit Total Terms of
No. goods/services unit be supplied Price price delivery

(ii)Any other additional services (if applicable) and cost thereof: _____________________
Total value (in figure) ____________ (In words) ___________________________
2. Delivery schedule

(iii) Details of Performance Security

(iv) Quality Control

(a) Mode(s), stage(s) and place(s) of conducting inspections and tests.
(b) Designation and address of purchaser’s inspecting officer

(v) Destination and despatch instructions

(vi) Consignee, including port consignee, if any

3. Warranty clause
4. Payment terms
5. Paying authority
____________________________
(Signature, name and address
of the Purchaser’s/Consignee’s authorised official)
For and on behalf of__________________
Received and accepted this contract
(Signature, name and address of the supplier’s executive
duly authorised to sign on behalf of the supplier)
For and on behalf of _________________________
(Name and address of the supplier)
(Seal of the supplier)
Date: _________________________

Place: _________________________

59
 SECTION – XVI
CONTRACT FORM – B
CONTRACT FORM FOR COMPREHENSIVE MAINTENANCE CONTRACT

CMC No._______________________
Between

(Joint General Manager (Materials), HLL Lifecare Limited, Akkulam Factory, Sreekaryam P.O. , Thiruvananthapuram -17, Phone 0471
2445930 / 2445935, Email: hcdcmo@lifecarehll.com

And

(Name & Address of the Supplier)

Ref: Contract No___________ dated______________ (Contract No. & date of Contract for
supply, installation, commissioning, handing over, Trial run, Training of operators &
warranty of goods)
In continuation to the above referred contract

1) The Contract of Annual/Comprehensive Maintenance is hereby concluded as under: -

1 2 3 4 5
Total Comprehensive
Comprehensive Maintenance
Maintenance Contract
BRIEF Contract Cost for Each Unit year
SI Qty. Cost for 5 Years
DESCRIPTION wise*.
No. (Nos.) (4a+4b+4c+4d+4e)
OF GOODS
1st 2nd 3rd 4th 5th
A b c d e

Total value (in figure) ____________ (In words) ___________________________

b) The CMC commence from the date of expiry of all obligations under Warranty i.e.
from______________ (date of expiry of Warranty) and will expire on ______________ (date
of expiry of CMC)
c) The cost of Comprehensive Maintenance Contract (CMC) which includes preventive
maintenance, labour and spares, after satisfactory completion of Warranty period may be
quoted for next 7 years as contained in the above referred contract on yearly basis for complete
equipment (including Batteries for UPS) .
d) There will be 95% uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days)
basis, with penalty, to extend CMC period by double the downtime period.
e) During CMC period, the supplier shall visit at each consignee’s site for preventive maintenance
including testing and calibration as per the manufacturer’s service/ technical/ operational
manual. The supplier shall visit each consignee site as recommended in the manufacturer’s
manual, but at least once in 6 months commencing from the date of the successful completion
of warranty period for preventive maintenance of the goods.
f) All software updates should be provided free of cost during CMC.

60
 SECTION – XVII
CONSIGNEE RECEIPT CERTIFICATE
(To be given by consignee’s authorized representative)

The following store (s) has/have been received in good condition:

(i) Contract No. & date :______________________________

(ii) Supplier’s Name :______________________________

(iii) Consignee’s Name & Address with

telephone No. & Fax No. : ______________________________

(iv) Name of the item supplied :______________________________

(v) Quantity Supplied :______________________________

(vi) Date of Receipt by the Consignee:______________________________

(vii) Name and designation of Authorized

Representative of Consignee :______________________________

(viii) Signature of Authorized

Representative of Consignee with
date :______________________________

(ix) Seal of the Consignee :______________________________

61
 SECTION – XVIII
Proforma of Final Acceptance Certificate by the Consignee
No_______________
Date_______________

To
M/s _______________________
_________________________
____________________________

Subject: Certificate of commissioning of equipment/plant.

This is to certify that the equipment(s)/plant(s) as detailed below has/have been received in
good conditions along with all the standard and special accessories and a set of spares (subject
to remarks in Para no.02) in accordance with the contract/technical specifications. The same
has been installed and commissioned.
(a) Contract No______________________________________ dated__________________
(b) Description of the equipment(s)/plants: _____________________________________
(c) Equipment(s)/ plant(s) nos.:_______________________________________________
(d) Quantity:______________________________________________________________
(e) Bill of Loading/Air Way Bill/Railway
Receipt/ Goods Consignment Note no_______________ dated __________________
(f) Name of the vessel/Transporter:___________________________________________
(g) Name of the
Consignee:____________________________________________________________
(h) Date of commissioning and proving test:_____________________________________

Details of accessories/spares not yet supplied and recoveries to be made on that

account.
Sl. Description of Item Quantity Amount to be recovered No.
No.

The proving test has been done to our entire satisfaction and operators have been trained to operate
the equipment(s)/plant(s).
The supplier has fulfilled its contractual obligations satisfactorily ## or
The supplier has failed to fulfil its contractual obligations with regard to the following:
He has not adhered to the time schedule specified in the contract in dispatching the
documents/drawings pursuant to ‘Technical Specifications’.
He has not supervised the commissioning of the equipment(s)/plant(s)in time, i.e. within the period
specified in the contract from date of intimation by the Purchaser in respect of the installation of the
equipment(s)/plant(s).
The supplier as specified in the contract has not done training of personnel.

The extent of delay for each of the activities to be performed by the supplier in terms of the contract
is

62
The amount of recovery on account of non-supply of accessories and spares is given under Para
no.02.
The amount of recovery on account of failure of the supplier to meet his contractual obligations
is__________________ (here indicate the amount).
Signature.
Name.
Designation with stamp.

## Explanatory notes for filling up the certificate:

He has adhered to the time schedule specified in the contract in dispatching the
documents/drawings pursuant to ‘Technical Specification’.

He has supervised the commissioning of the equipment(s)/plant(s) in time, i.e. within the time
specified in the contract from date of intimation by the Purchaser in respect of the installation
of the equipment(s)/plant(s).

Training of personnel has been done by the supplier as specified in the contract.

In the event of documents/drawings having not been supplied or installation and

commissioning of the equipment(s)/plant(s) having been delayed on account of the supplier,
the extent of delay should always be mentioned.

63
 Section – XIX

Consignee List

Consignee Medical
Contact Address. AirPort SeaPort
Code Institutions

64