Diag SPSRC
Diag SPSRC
Diag SPSRC
Applications in the prescribed format are invited from eligible & reputed diagnostic
laboratories to establish the diagnostic facilities in such selected Rural Hospitals & Block
Primary Health Centres in terms of the Scheme of Establishing Diagnostic Services in
Block Primary Health Centres / Rural Hospitals through Public Private Partnerships
which is available in the website of the department, www.wbhealth.gov.in under the head
‘Tender’.
1
Annexure-II
2
Annexure-II
Name of Block Primary Health Centres where Diagnostic Facilities are
proposed to be established under PPP and applications invited.
District Sl Name of BPHC Remarks
105 Dhanyakuria BPHC
106 Maslandpur BPHC
107 Nanna (Barrackpore-I) BPHC
North 24 108 Rekjoani BPHC
Parganas 109 SABDALPUR BPHC
110 Biswanathpur BPHC
111 Chandpara BPHC
112 Haroa (Adampur) BPHC
113 Sanderbil BPHC
114 Ghoshpur BPHC
115 Bagda Mohanpur BPHC
116 Sonakhali (Daspur-II) BPHC
117 Bhangagarh BPHC
118 Gopiballavpur BPHC
119 Keshiary BPHC
Paschim 120 Dwarigeria BPHC
Medinipur 121 KEWAKOLE BPHC
122 KHANDURI BPHC
123 Tapsia BPHC
124 Kharikamthani BPHC
125 Belpahari BPHC
126 B ld BPHC
Belda
127 Pingla BPHC
128 Anantapur BPHC
129 Erasol BPHC
130 Basantia BPHC
131 Paikpari BPHC
132 Mugberia BPHC
Purba
133 Sillyaberia BPHC
Medinipur
134 Patashpur BPHC
135 Janubasan BPHC
136 Barankua BPHC
137 Gangadharbhar BPHC
138 Barabazar BPHC
139 Para BPHC
140 Chaklatore BPHC
141 Puncha BPHC
142 Kolloli BPHC
143 Bundwan BPHC
Purulia 144 Kushtaur BPHC
145 Pathardihi BPHC
146 Sirkabad BPHC
147 Banda (Chelliyama) BPHC
148 Jhaldah BPHC
149 Muradih BPHC
150 Jaipur BPHC
151 Baneswarpur (Mograhat-I) BPHC
152 Nayarhat BPHC
153 Jirangacha BPHC
154 Mograhat BPHC
155 Banjanheria Charial BPHC
3
Annexure-II
Name of Block Primary Health Centres where Diagnostic Facilities are
proposed to be established under PPP and applications invited.
District Sl Name of BPHC Remarks
South 24 156 Nalmuri BPHC
Parganas 157 Panchgram BPHC
158 Matherdighi BPHC
159 Basanti BPHC
160 Gosaba BPHC
161 Dwariknagar BPHC
162 Madhabnagar BPHC
163 Chopra (Dalua) BPHC
164 Loddhan BPHC
Uttar Dinajpur 165 Hemtabad BPHC
166 Chakulia BPHC
167 Itahar BPHC
4
Annexure-I
Name of Rural Hospitals where Diagnostic Facilities are proposed to be
established under PPP and applications invited.
District Sl. Name of Rural Hospital (RH) Remarks
Bankura 1 Taldangra RH
2 Raipur RH
3 Kotalpur RH
Birbhum 4 Dubrajpur RH
5 Sainthia RH
Burdwan 6 Singot RH
7 Mankar RH
8 Memari RH
Coochbehar 9 Haldibari RH
Dakshin Dinajpur 10 Hilli RH
Darjeeling 11 Bijanbari RH
Hooghly 12 Tarakeswar RH
13 Haripal RH
14 Jangipara RH
Jalpaiguri 15 Mainaguri RH
16 Dhupguri RH
17 Rajganj RH
Malda 18 R. N. Roy (Bulbulchandi)
( ) RH
19 Harishchandrapur RH
20 Manikchak RH
Murshidabad 21 Burwan RH
22 Beldanga RH
23 Amtala RH
24 Khargram RH
25 Sagardighi RH
Nadia 26 Haringhata RH
North 24 Parganas 27 Taki RH
28 Bagda RH
29 Minakhan RH
Paschim Medinipur 30 Keshpur RH
31 Debra RH
32 Binpur RH
33 Garbeta RH
Purba Medinipur 34 Bhagawanpur RH
Purulia 35 Harmadih /Neturia RH
36 Hura RH
South 24 Parganas 37 Mathurapur RH
38 Joynagar /Kultali RH
39 Raydighi/ Mathurapur-II RH
1
SCHEME
JANUARY 2010
Contents
Background - 3
Rationale of PPP - 3
Policy context - 3
Procurement logistics - 8
Monitoring Mechanism - 13
List of Abbreviations - 15
SCHEDULES
Termination of Agreement - SCHEDULE I - 16
Possession Certificate - SCHEDULE II - 17
Requirement of space - SCHEDULE III - 18
Monthly Report Format - SCHEDULE IV - 19
Agreement Format - SCHEDULE V - 20 -48
Rates /Prices for diagnostic services - SCHEDULE VI - 49-51
Selection Criteria - SCHEDULE VII - 51
Application Format - SCHEDULE VIII - 52
1.1 Department of Health and Family Welfare (DoHFW), Government of West Bengal
(GoWB) has taken initiatives to strengthen the health and medical care services in the
state. The purpose of these initiatives is to improve the health status of the poor and
vulnerable population in the state.
1.2 One such initiative that the department already identified for implementation was
establishment of Diagnostic Facilities in the Rural Hospitals (RH)/ upgraded BPHCs
under Public Private Partnership (PPP). The objective of this initiative was to ensure
greater access of the people to quality diagnostic services at affordable cost.
3. Policy Context
3.1 Department of Health and Family Welfare, Government of West Bengal in the Policy
Statement of The Health Sector Strategy 2004-2013, have committed to work on
developing partnership with private sector and NGOs, Civil Society Group etc. In
addition, DoHFW has also adopted its PPP policy by issuing relevant Government
Order in January 2006.
3.2 The policy document of DoHFW issued in January 2006 for Public Private Partnership
in West Bengal outlines specific areas for PPP in West Bengal at the Primary Health
Care Level and this includes partnering with private players to set up and operate a
3.3 Paradigm shift related to private sector involvement as mentioned above, initiated by
GoWB in the health sector, is in conformity with the National Policy Framework of Public
Private Partnerships as mentioned in the National Health Policy 2002 and National
Population Policy 2000.
5. 1 Goal:
To establish a cost effective centres for diagnostic facilities at Block Primary Health
Centres /Rural Hospitals based on assessment of the local communities’ needs and
available resources.
5.2 Principles: The model has been designed on the following principles:
i) Cost effectiveness: For sustainable partnership, the diagnostic centre must be
viable and at the same time affordable.
ii) Comprehensive coverage: Services must cover all the basic categories of standard
diagnostic tests like pathology, clinical pathology, bio-chemical, haematological,
microbiological, serological and radiological.
iii) Acceptable Quality: The operating procedures prescribed by the Government, must
be followed for good quality testing accompanied with compliance monitoring and
timely reporting.
iv) Upward and Downward Linkage: Non standard and special tests to be made
available through seamless linkages with designated referral laboratory. Similarly,
samples for testing would also be collected from PHCs via collection centre.
6. Nature of Partnership
6.1 Partnership:
An agreement would have to be signed by the selected Private Partner with the Chief
Medical Officer of Health (CMOH) & the Member Secretary of the District Health and
Family Welfare Samiti (DHFWS) of the concerned district to operate the diagnostic
centres..
Terms:
d. The Superintendent / Medical Officer In-Charge (MoIC) of the RH/ BMOH shall
identify the space for establishing all the facilities at the earliest in consultation
with the Block Health and Family Welfare Samiti (BHFWS) and CMOH.
e. Possession letter for the above space (see Schedule II) duly signed by the PSP
shall be kept in the record of the RH and a copy of the same along with the
agreement to be kept in the office of the CMOH.
f. In case ready to use space is not available, DHFWS will undertake necessary
work to make the space in ‘ready to use’ condition. However, the PSP will be
allowed to undertake minor repair works at their own cost with the concurrence of
the concerned PWD officials/ Panchayat Samitis to be approached through
Superintendent / MO In-Charge of RH /BMOHs.
h. Ownership status for all movable assets created from investments made by the
PSP will remain with the PSP.
i. BHFWS will provide free supply of water (including water tax) for use by the PSP.
j. BHFWS to allow use of electricity for which PSP will pay consumption charges as
per prevailing rules of energy supplier. PSP will apply for the installation of
separate electric meter in its name and the installation charges for such a
connection (security deposit etc) will be borne by the PSP. . PSP will make
payments for energy consumed for the diagnostic facility directly to energy
supplier as per their rules.
k. PSP will be responsible for maintenance and security for the space of the
diagnostic centre. The premises will be in physical lock and key of the PSP.
l. Usage right of the PSP for space and facilities provided by DHFWS is governed
by agreement between DHFWS and PSP
1) PSP will mandatorily conduct the diagnostic tests as per Section 9 in agreed time
frame following Standard Operating Procedures and in absence thereof, Good
Industry Practices to deliver test reports of highest quality. The PSP will comply with
the requirements of The Clinical Establishment Act & Rules.
2) The PSP will abide by the policy regarding user charges and free services as
described in Section 11.
3) PSP will procure necessary equipment for the diagnostic centres and retain ownership
of the same. PSP will maintain the required furniture, fittings and equipment for
running of the diagnostic centre.
4) PSP will make their own investments in reagents and consumables.
5) PSP will be responsible for hiring qualified technical personnel as per requirements
under The Clinical Establishment Act and Rules and training them for running the
diagnostic centres.
6) PSP will apply for the installation of a separate electric meter in its name and the
charges for such a connection (security deposit etc) will be borne by the PSP. PSP will
pay electricity usage charges and will make payments to the licensed supplier of
electricity as per rates determined by the supplier and subject to change as per laws
prevailing in force.
7) PSP will maintain cleanliness, disposal of waste and subsequent maintenance of
buildings. Disposal of waste would be carried out as per Bio-medical Waste
(Management and Handling) Rules, 1998 framed under Environment Protection Act,
1985.
7.2 Roles and Responsibility of District and Block Health and Family Welfare
Samities:
a. DHFWS will make provision for physical infrastructure for the Diagnostic Centre –
rent-free space within RH /BPHC as per agreed time schedule. DHFWS will also
make provisions for establishing the collection centres at PHCs by the Private
Partners without payment of any charges.
d. DHFWS and BHFWS to extend all support to the PSP and provide necessary
help and protection in case of any pressure created by any individual or group on
the PSP.
7.3 Roles and Responsibility of Department of Health and Family Welfare, GoWB
c. DoHFW will fix the price of each test for the diagnostic centre as described in
Section 11.
d. DoHFW will review rates of each diagnostic tests as and when required
8. Procurement logistics
8.1 The PSP needs to make its own investment for cost effective procurement of reagents
and other stocks for operation of the diagnostic centre.
I Bio-chemistry
1. Blood Sugar (Fasting /PP/Random)
2. Urea
3. Uric Acid
4. Creatinine
5. Serum Triglycerides
6. Serum Cholesterol
7. Liver Function Test
8. Urine Albumin / Sugar.
9. Sugar, Urea & Creatinine (combined)
10. Lipid Profile
11. CSF – Sugar, Micro Protein, Chloride (each)
II Haematology
1. Hb, TC, DC, ESR.
2. Platelet Count
3. Reticulocyte count
4. Foetal HB%
5. Blood Grouping & Rh factor.
III Pathology
1. PAP Stain
2. Peritoneal /Pleural/ Ascitic Fluid / Other body Fluids for Cytology (each)
3. FNAC with slide
IV Micro-Biology
1. Blood Culture
2. Urine Culture
3. Stool Culture
4. Pus Culture
5. Sputum Culture other than TB
6. Sputum / other smears for AFB or Gram Stain
7. Throat swab culture
8. Conjunctival Culture
V Serology
1. Australia Ag
2. VDRL
3. Mantoux Test
4. ASO Titre
5. Widal test
6. PregnancyTest
VI Clinical Pathology
1. Stool / Urine for Routine Examination
2. Stool for Occult Blood
9.2 In addition to the above-mentioned mandatory tests, the following advanced tests may also
be conducted at the Diagnostic Centre:
Micro-Biology
1. Blood Culture and Sensitivity
2. Anaerobic Culture and Sensitivity
9.3. Apart from the tests mentioned under Section 9.1 and 9.2, additional tests may also be
conducted by the PSP in the Diagnostic centre with prior approval of BHFWS and DHFWS.
9.4 In Block Primary Health Centres /Rural Hospitals where X-Ray and / or ECG facilities are
already functioning, the PSP would not be allowed to set up a separate facility for either X-ray
and / or ECG facility under PPP.
1) Tests not being conducted by the PSP may be referred to Sub-Division Hospital/District
Hospital as appropriate within Government System, if available. Otherwise tests to be
referred to other designated private sector diagnostic centres.
2) For tests at higher-level hospitals of the Government, the patients will pay the rates
applicable for that hospital directly. Cost of transportation will be borne by the patient
party. The method of payment will be as per the practice prevailing in the particular
health facility conducting the tests.
1) GoWB will permit setting up of sample collection centres at PHCs within the jurisdiction
of that particular RH /BPHC for which the partner is selected. Patients will be able to
give samples for Pathology, Biochemistry and other tests to trained technicians at PHCs
for subsequent testing to be carried out by the PSP at its RH /BPHC diagnostic centre.
The patients would receive the test reports from the PHC collection centre within
defined time norms.
2) Ready to use space within PHC to be provided by GoWB. PSP will invest in equipment
and technicians required at the PHCs for the purpose.
3) PSP would pay for the salaries of staff and recurrent costs of pathology collection
centre.
1) The user charges for non-BPL patients referred from Rural Hospitals / BPHCs for all
mandatory tests/investigations including X-Ray and ECG as described under section
9.1 and tests mentioned under section 9.2 to be conducted in diagnostic facilities under
PPP as fixed under Memorandum No. HF/PPP/13/2009/15 dated January 28, 2010 will
be applicable.
2) Rates / Prices for other tests / investigations over and above those mentioned in
Section 9.1 & 9.2, if any, conducted by the diagnostic unit under PPP, which are not
covered by the Memorandum No. HF/PPP/13/2009/15 dated January 28, 2010 will be
the same as fixed by Government of West Bengal for District and Sub-Divisional
Hospitals as per Memorandum No.HF/O/MS/121/W-10/2001 dated March 18, 2002.
3) DoHFW will review the user charges as and when required. The modified if any will be
from a date as may be notified by DoHFW.
4) User charges as referred under point 1 will be applicable only for patients referred by
authorised persons of the Rural Hospital /BPHC.
5) Diagnostic centre operators will be able to charge market rates for the
tests/investigations referred under Section 9.1 and 9.2 from patients referred by private
practitioners. However, these rates have to be intimated in writing to BHFWS and
DHFWS and prominently displayed in the health facility
1) Collection of user charges will be done directly by diagnostic centre operators as per
rates approved by Government. Diagnostic centre operators will issue the receipt for
user charges. The State Government will have no responsibility in collecting the
charges from the patients.
2) Diagnostic centre operators will utilize the user charges for operation of diagnostic
laboratory, salary payments and other business expenses and may retain surplus, if
any.
1) The policy of free services for diagnostic tests is applicable to patients under BPL
category referred to the Diagnostic Centre under PPP by Superintendent or MO In
Charge (MOIC) of the RH / BMOH with required prescription of the concerned patients.
The PSP shalll have to provide tests free of cost to BPL patients limited to maximum of
20% of the patients referred to the diagnostic centre in the previous month irrespective
of the number of tests required to be conducted as per prescription for each of the
patients under BPL category. For example, if the PSP conducts investigations for a total
of 100 patients in a month, free tests as per prescription of the Superintendent or MOIC
2) The provision of patients entitled for free tests will be made on a monthly basis and
unutilised provision, if any, will not be carried forward to the next month.
3) The PSP will incorporate in the relevant column of the monthly report details of free
services provided during the month and the number of patients entitled for free services
in the following month.
4) The policy of free services would be applicable only for tests /investigations referred in
Section 9.1 and 9.2
12.1 The ACMOH, under whose jurisdiction the RH falls, will monitor the diagnostics
facilities apart from regular supervision by the Superintendent / BMOH of the
concerned RH /BPHC.
12.2 Each diagnostic facility will follow the advice of Superintendent /BMOH in whose
jurisdiction the RH/BPHC falls for day-to-day activity. The Superintendent /
BMOH under authority from DHFWS or BHFWS will monitor the operational
activity of the diagnostic facility on day-to-day basis.
12.3 At the end of each month, within 7th, the PSP will be required to submit monthly
report in prescribed format (see schedule – 4) on the activities and result areas
for the month to the Superintendent of the RH /BMOH with copy to ACMOH of
the concerned Sub-Division & Deputy CMOH-I of the district.
12.4 Deputy CMOH-I and concerned ACMOH will make atleast one visit in three
months to the Diagnostics Facilities as a part of monitoring activity.
12.5 DoHFW will develop the quality assurance systems for ensuring quality of
services. The PSP will have to abide by those guidelines.
13.1 DoHFW will publish notice inviting applications from the eligible diagnostic
laboratories to set up diagnostic unit in selected Rural Hospitals /BPHCs. The
interested and eligible private parties / organizations / NGOs (Eligibility Criteria in
Schedule VII) are required to submit applications in the prescribed format
(Schedule VIII) along with supporting documents accompanied by an application
money of Rs 5000/- payable to District Health & Family Welfare Samiti of the
district for each facility to the CMOH & Member Secretary, District Health &
Family Welfare Samiti of the respective district. The application money of the
private party who will be eventually selected shall be retained until the
implementation of the Project. In case of unsuccessful applicants, the application
money shall be returned after the selection process is over.
13.2 District Health & FW Samiti will receive the applications of the respective facilities
of the district for selection of private partner specific to each RH /BPHC.
13.3 A selection committee for each district will be constituted comprising the following
officials :
i. Additional District Magistrate as nominated by the District Magistrate –
Chairman
ii. Chief Medical Officer of Health – Member Secretary
iii. Deputy CMOH-I & Nodal Officer for PPP
iv. A Pathologist from District Hospital / Sub-Divisional Hospital to be
nominated by CMOH
v. A Radiologist, from District Hospital / Sub-Divisional Hospital to be
nominated by CMOH
13.4 The Selection Committee shall evaluate the applications of the private parties
strictly in terms of the Selection Criteria as specified in Schedule-VII. However,
the Committee shall satisfy themselves about the authenticity of the information
provided by the applicants before the private parties are finally recommended for
selection.
13.5 The list of Private parties so recommended for selection by the Selection
Committee should be placed in the meeting of the District Health & Family
Welfare Samiti for approval.
13.6 The CMOH will then issue offer letter to the selected private parties with the
direction to execute Agreement (Schedule V) within a specific time frame.
Colln Collection
Pvt. Private.
RH Rural Hospital.
The agreement with the private partner for operating the Diagnostic Centre may be terminated
on the following grounds:
6. Criminal indictment
10. Failure by the private partner to commence Standard Diagnostic Services (mandatory
tests) at the Diagnostic Centre within three months from the date of signing the
Agreement.
Received the possession of the above mentioned project site on this day of-------------------- of -------
-----------------------and solemnly declare that I shall abide by all the terms and conditions of the
agreement as well as the terms mentioned in this certificate.
(Signature of Private Partner) Date:
Name of the Private Partner:
Name of the Organisation:
Address:
Pathology
1.The clinical laboratory should be provided with 600 mm wide and 900 mm high bench of
length about 2 meters per technician and to full width of the room for pathologist in charge of
the laboratory. Each laboratory bench should have laboratory sink with swan neck fittings,
reagent shelving, gas and power point and under counter cabinet. Top of the laboratory bench
should be of acid and alkali proof.
3. Apart from point 2, space for pathologist’s room, sample collection room and room for
laboratory waste material for hygienic disposal should be provided.
3. The Arrangement for 24-hour adequate potable water supply needs to be made.
4. The establishment should have separate toilets for male and female
Radiology
1. Minimum area for X-Ray with dark room facility must be 269 sq.ft
3. Room should be located as far away as feasible from areas of high occupancy and general
traffic.
3. The radiography units should be operated from separate control room or behind a lead
mobile protection screen of 1.5 mm lead equivalent wherever necessary
4. The establishment needs to fulfil the clauses as laid down in the safety manual prepared by
Atomic Energy Regulatory Board, Government of India
E.C.G
The above requirements are as per West Bengal Clinical Establishment Rules, 2003.
MONTHLY REPORT
Performance of Diagnostic Centre under Public Private Partnership
Report for the month ………………………………………… Year…………………………
Name of the RH/ BPHC ……………………………………………
Sub Division ………………………… District…………………..
Name of the Diagnostic Centre under PPP ……………………………………………Date of commencement of
services……….
1. Number of patients treated in the BPHC/RH and the PHCs during the month (To be filled in by the
Superintendent/ BMOH from the hospital/BPHC records)
a. OPD………………………………….
b. IPD…………………………………..
c. Emergency………………………
d. Total……………………………….
2. Summary of performance of the diagnostic centre under PPP for the month (To be filled in by Diagnostic
Unit)
Copy to:
1. Superintendent / BMOH _______________________________ Rural Hospital / BPHC
SCHEDULE – V
This Agreement is made on this ______ day of _____ 200__ between Department of Health
and Family Welfare, Government of West Bengal represented by the District Health and
Family Welfare Samiti of ______________ District, hereinafter referred as `the DHFWS' and
____________________________, a company incorporated under the Companies Act, 1956
having its registered office at _________________________ / _________________________
an NGO registered under the Society Registration Act of 1860/The Indian Trusts Act of
1982/The Co-operative Societies Registration Act or The Statutory Body or The Professional
Association or The Social Welfare Organisation represented by its ________________,
namely __________________________ and having its main office at
_____________________________, in the District of ____________ in the State of West
Bengal, hereinafter referred to as “the Concessionaire”.
WHEREAS
1.1 Definitions
In this Agreement, the following words and expressions shall, unless repugnant to the context or
meaning thereof, have the meaning hereinafter respectively ascribed to them:
“Agreement” means this agreement including schedules hereto, as of the date hereof
and includes any amendment hereto made in accordance with the provisions hereof.
“ACMOH” means the Assistant Chief Medical Officer Health of the Sub-division
“Applicable Laws” means all laws in force and effect as of the date hereof and which
may be promulgated or brought into force and effect hereinafter in India, including the
Act, judgements, decrees, injunctions, writs or orders of any court of record, as may be
in force and effect during the subsistence of this Agreement.
“Applicable Permits” means all clearances, permits, authorisations, consents and
approvals under or pursuant to any of the Applicable Laws, required to be obtained and
maintained by the Concessionaire, in order to implement the Project and to transact in
the facilities and services in accordance with this Agreement.
“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall include
any amendment to or any re-enactment thereof as in force from time to time.
“BMOH” means the Block Medical Officer of Health of the Hospital.
“BHFWS” means the Block Health and Family Welfare Samiti.
“BPL” means Below Poverty Line
“Clearance” means any consent, license, approval, registration, certification,
exemption, permit, sanction or other authorization of any nature which is required to be
granted by any Government Authority for the Project and for all such other matters as
may be necessary in connection with the Project.
“Clinical Establishment Rules” means The West Bengal Clinical Establishment Rules
as modified upto 2003 or modified hereafter.
“Competent Authority” means the Government Agency responsible for
regulating/regulating the operations of the Diagnostic Centre, the Standard Diagnostic
Services and the Special Tests.
“Concessions” shall have the meaning ascribed to it in Section 2.1 of this Agreement.
“Concession Period” shall have the meaning ascribed to it in Section 2.2 of this
Agreement.
“DoHFW” means the Department of Health and Family Welfare, GoWB.
“DHFWS” means District Health and Family Welfare Samiti, ______ District, West
Bengal.
“Diagnostic Centre” means the diagnostic centre/laboratory as described in Schedule
‘A’ that the Concessionaire is to set up in the Project Site.
“Encumbrance” means any encumbrance such as mortgage, charge, pledge, lien,
hypothecation, security interest, assignment, privilege or priority of any kind having the
Dignostics Schemes-Oct 09 (one in all)[1] 21 / 51
effect of security or other such obligations and shall include without limitation any
designation of loss payees or beneficiaries or any similar arrangement under any
insurance policy pertaining to the Project, physical encumbrances and encroachments
on the Project Site.
“Free Services” means tests/investigations to be conducted at free of cost.
“Good Industry Practice” means the exercise of that degree of skill, diligence,
prudence and foresight in compliance with the undertakings and obligations under this
Agreement which would reasonably and ordinarily be expected from a skilled and
experienced Person engaged in the implementation, operation and maintenance or
supervision or monitoring thereof or any of them of a project of the type similar to that of
the Project.
“Government Agency” means GoWB, DHFW, CMOH, Deputy CMOH, ACMOH,
Superintendent, BMOH or any state government or governmental department,
commission, board, body, bureau, agency, authority, instrumentality, court or other
judicial or administrative body, central, state, or local, having jurisdiction over the
Concessionaire, the RH or any portion thereof, or the performance of all or any of the
services or obligations of the Concessionaire under or pursuant to this Agreement.
“GoWB” means the Government of the State of West Bengal.
“Hospital” means Block Primary Health Centres /Rural Hospitals of the Government of
West Bengal.
“Lenders” means financial institutions, banks, funds or trusts who provide or refinance
the debt component of the cost of the Project including those providing working capital
for the Project.
“Material Adverse Effect” means material adverse effect on (a) the ability of the
Concessionaire to exercise any of its rights or perform/discharge any of its
duties/obligations under and in accordance with the provisions of this Agreement and/or
(b) the legality, validity, binding nature or enforceability of this Agreement.
“Material Breach” means a breach by either Party of any of its obligations under this
Agreement which has or is likely to have a Material Adverse Effect on the Project and
which such Party shall have failed to cure.
“Monitoring Agency” means the ACMOH under whose jurisdiction the RH falls.
"Project" means the equipping, financing, operating, maintaining and transferring the
Diagnostic Centre and providing Standard Diagnostic Services in accordance with the
provisions of this Agreement.
“Project Site” means the unit no. ______/room no. _______ in the RH, particulars
whereof are set out in Schedule ‘B’ in which the Diagnostic Centre is to be implemented
and the Standard Diagnostic Services to be provided by the Concessionaire in
accordance with this Agreement. A Possession Letter as per the format set out in the
same Schedule (Schedule ‘B’) duly signed by “the Concessionaire” shall form part of
this agreement.
"Price" means the price chargeable for a Standard Diagnostic Service (mandatory
tests) to Referral Patients of the Hospital, fixed as per Schedule C hereof.
Interpretation
In addition to and not in derogation or substitution of any of its other obligations under
this Agreement, the Concessionaire shall have the following obligations:
(a) The Concessionaire shall within one month of the date of this Agreement, equip
and install the Project Site with such furniture and equipment as may be required
for the Diagnostic Centre. Such modifications shall be carried out by the
Concessionaire at its own cost and expense.
(b) The Concessionaire shall hire qualified technical personnel and train them to
manage the Diagnostic Centre and provide the Standard Diagnostic Services
(mandatory tests) and other permissible services therein. The Concessionaire
shall comply with the requirements of the Clinical Establishment Rules for hiring
of technical personnel.
(c) The Concessionaire shall procure the Clearances licenses required for
commencing the Standard Diagnostic Services including the licenses required
under the Laboratory License (Clinical Establishment Rules), Trade License etc.
(d) The Concessionaire shall commence providing of the Standard Diagnostic
Services only after the CMOH has duly certified that all requirements of the
Clinical Establishment Rules in respect thereof have been fulfilled.
Provided, the Concessionaire shall procure such certification of the CMOH latest
by 3 months from the date hereof failing which this Agreement shall be liable to
be terminated.
3.2 Operation and Maintenance
The Concessionaire shall operate and maintain the Diagnostic Centre and provide the
Standard Diagnostic Services, as under:
(a) Operate and maintain the Diagnostic Centre, conduct the Standard Diagnostic
Services and Special Tests therein as per the Standard Operating Procedures
and in absence thereof, Good Industry Practices. The Concessionaire shall
comply with the requirements of the Clinical Establishment Rules.
(b) Deliver test reports of highest quality so as to commensurate with Standard
Operating Procedures and in absence thereof, Good Industry Practices.
(c) Maintain cleanliness, dispose off waste and maintain the Project Site and the
Diagnostic Centre as per guidelines issued by the Central Pollution Control
Board.
(d) Arrange for and maintain security of the Diagnostic Centre at its own cost.
(e) Ensure that the Special Tests, if any provided also adhere to the Standard
Operating Procedures, if any stipulated and/or the Applicable Law and
commensurate with Good Industry Practices.
(f) Maintain the Clearances by complying with the conditions there under and
renewals if any required from time to time and comply with all statutory
Dignostics Schemes-Oct 09 (one in all)[1] 27 / 51
requirements for running its operation and submit the same for review of DHFWS
or any Governmental Authority.
(g) Set up systems for the operations of the Diagnostic Centre including systems in
respect of inventory management, customer servicing, financial accounting,
record-keeping and MIS.
(h) Submit monthly reports in prescribed format to Superintendent /BMOH of the RH
/ BPHC with copy to ACMOH of the concerned Sub-Division & Deputy CMOH-I of
the District.
(i) Submit documents needed as per Standard Operating Procedures in a timely
manner.
(j) Coordinate with Superintendent/ BMOH or a person designated for such co-
ordination by the Superintendent/ BMOH for matters concerning operational
activities relating to patient servicing on day-to-day basis.
(k) Abide by the advice of the ACMOH, under whose jurisdiction the Hospital falls
and who shall be monitoring the Diagnostic Centre and the services provided
therein.
(l) Install/provide for a suggestion box in the Diagnostic Centre to enable patients to
give feedback based on which actions are to be taken for patient/customer
satisfaction.
(m) Make prompt payment of user charges for the electricity used in the Diagnostic
Centre as per the billing of the electricity provider based on the meter reading of
the meter installed for the purpose of recording the electricity supply to the
Diagnostic Centre.
(n) Make prompt payment to the suppliers to ensure uninterrupted supply of
reagents, stocks and consumables required for the Diagnostic Centre;
(o) Regularly pay salaries and other emoluments to the staff engaged by it at the
Diagnostic Centre;
(p) Display conspicuously in the Diagnostic Centre, the list of Price Notification and
charge for the Standard Diagnostic Services, the Prices notified against bills
issued for the same;
(q) Maintain a record of bills issued and amounts collected and submit the
counterfoils of the bills issued for inspection of DHFWS or any person(s)
designated for such inspection by DHFWS;
(r) Obtain and maintain insurance’s for the Diagnostic Centre as per Good Industry
Practice including insurances against damages to property due to force majeur,
insurances against theft and loss of equipment, insurance’s against professional
indemnity for the Standard Diagnostic Services, etc.
(a) The policy on free services for diagnostic tests is applicable to BPL category of
patients referred to the Diagnostic Centre under PPP by Superintendent/ BMOH /
MoIC of the Rural Hospital / BPHCs with required prescription of the concerned
patients.
(a) The Concessionaire shall ensure that all the Standard Diagnostic Services
(mandatory tests) are available at all times during the tenure of the Concession. For
this purpose, the Concessionaire shall keep the Diagnostic Centre open for services
from _____ a.m. to _______ p.m., every Working Day.
In addition to and not in derogation or substitution of any of its other obligations under this
Agreement, DHFWS shall have the following obligations:
8.2 Arbitration
Except for a dispute in connection with Termination, in which respect the decision of
DHFWS shall be final, any dispute between the Parties arising out of or relating to this
Agreement which cannot be resolved through good faith negotiations shall be finally
settled by arbitration in accordance with the provisions of the Arbitration Act.
MISCELLANEOUS
9.1 Validity
This Agreement shall be initially valid for a period of 5 years from the date of signing,
subject to renewal on such terms and conditions and for such a period as may be
mutually decided by both the parties, within the overall policy framework of GoWB.
Upon the expiry of the validity of this Agreement by efflux of time and in the normal
course, the Concessionaire shall hand back vacant and peaceful possession of Project
Site/Diagnostic Centre to DHFWS free of cost and in the condition not worse than when
it took occupation thereof, subject to normal wear and tear. The Concessionaire shall
also return all the equipment taken from the government in working condition subject to
normal wear and tear.
9.8 Amendments
This Agreement and the Schedules together constitute a complete and exclusive
understanding of the terms of the Agreement between the Parties on the subject hereof
and no amendment or modification hereto shall be valid and effective unless agreed to
by all the Parties hereto and evidenced in writing.
9.9 Notices
Unless otherwise stated, notices to be given under this Agreement including but not
limited to a notice of waiver of any term, breach of any term of this Agreement and
termination of this Agreement, shall be in writing and shall be given by hand delivery,
recognised international courier, mail, or facsimile transmission and delivered or
transmitted to the Parties at their respective addresses set forth below:
If to the Concessionaire
__________
__________ (address)
Or such address or facsimile number as may be duly notified by the respective Parties
from time to time, and shall be deemed to have been made or delivered (i) in the case
of any communication made by letter, when delivered by hand, by recognized
international courier or by mail (registered, return receipt requested) at that address and
(ii) in the case of any communication made by facsimile, when transmitted properly
addressed to such facsimile number.
9.10 Severability
If for any reason whatsoever any provision of this Agreement is or becomes invalid,
illegal or unenforceable or is declared by any court of competent jurisdiction or any
other instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
Parties shall negotiate in good faith with a view to agreeing upon one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as nearly
as is practicable. Provided failure to agree upon any such provisions shall not be
subject to dispute resolution under this Agreement or otherwise.
9.11 No Partnership
Nothing contained in this Agreement shall be construed or interpreted as constituting a
partnership between the Parties. Neither Party shall have any authority to bind the other
in any manner whatsoever.
II Haematology
12. Hb, TC, DC, ESR.
13. Platelet Count
14. Reticulocyte count
15. Foetal HB%
16. Blood Grouping & Rh factor.
III Pathology
17. PAP Stain
18. Peritoneal /Pleural/ Ascitic Fluid / Other body Fluids for Cytology (each)
19. FNAC with slide
IV Micro-Biology
20. Blood Culture
21. Urine Culture
22. Stool Culture
23. Pus Culture
24. Sputum Culture other than TB
25. Sputum / other smears for AFB or Gram Stain
26. Throat swab culture
27. Conjunctival Culture
V Serology
28. Australia Ag
29. VDRL
30. Mantoux Test
31. ASO Titre
32. Widal test
33. PregnancyTest
However, the PSP will not be allowed to set up a separate facility for either X-ray and / or
ECG facility under PPP in Block Primary Health Centres /Rural Hospitals where X-Ray and / or
ECG facilities are already functioning,
A-2. In addition to the above-mentioned mandatory tests, the following advanced tests may
also be conducted at the Diagnostic Centre:
Micro-Biology
1. Blood Culture and Sensitivity
2. Anaerobic Culture and Sensitivity
A-3. Apart from the tests mentioned under Section A-1 and A-2, additional tests may also be
conducted by the PSP in the Diagnostic centre with prior approval of BHFWS and DHFWS.
Whereas it has been decided by the Government vide Order No. ______________that a
Diagnostic Centre would be set up in ________________________________ Rural Hospital
/BPHC of _______________________ district with the participation of private sector/NGO by -
________________ of _______________________________________ (the Concessionaire)
to provide Standard Diagnostic Services in accordance with the Agreement executed on _____
between the Concessionaire and CMOH/ Member Secretary, District Health and Family
Welfare Samity(DHFWS).
Whereas in terms of the aforesaid Government Order and the Agreement executed,
Government is required to provide adequate rent-free space in the above mentioned
_______________________Rural Hospital / BPHC of _______________________ district to
the above Concessionaire to set up the Diagnostic centre.
Whereas the covered space in total area of ____________ square feet as indicated in the
enclosed site map, within the premises of __________________ Rural Hospital /BPHC has
been identified as the project site in respect of the Diagnostic Centre referred to above.
Now in keeping with the decision of the Government and the Agreement aforesaid, the right of
occupancy of the space, details of which are indicated in the site map is hereby handed over to
_____________________________ ( the Concessionaire) on the following terms and
conditions:
1. The ownership of the project site remains with the Government of West Bengal and the
Concessionaire shall have only occupancy right to the project site for running Diagnostic
Centre till such date as the agreement executed between CMOH/Member Secretary,
DHFWS and the the Concessionaire shall remain valid.
2. No encumbrance of any nature shall be created in the project site.
3. The occupant shall not do anything, which would be prejudicial to the soundness and safety
of the property or reduce the value thereof.
4. The occupant shall not sell, transfer or rent out this project site for any purpose whatsoever
and this site will be used exclusively for Diagnostic Centre by the Concessionaire, signatory
to the agreement with the CMOH/Member Secretary, DHFWS.
5. The occupant shall in respect to the said project site be subject to the provisions of the said
agreement and shall comply strictly with the covenants, conditions and restrictions set forth
in the agreement with CMOH/Member Secretary, DHFWS.
6. The occupant shall vacate the project site in the event of the termination of the agreement
or at the end of 5 years whichever is earlier.
(Signature) Date:
<Designation>
Price Notification
District Health & Family Welfare Samiti by the Authorized Representative of the
through the Chief Medical Officer of Health Concessionaire at _________________
Witness:
1. __________________________________
2. __________________________________
** Rates / Prices are subject to modification / revision by the Government from time to time.
2. Selection criteria for the applicant diagnostic firm with scores in the manner as mentioned
below:
a. More than 7 years = 5 marks
i. Establishment as Large Lab b. 5 to 7 years = 3 marks
c. 3 to 5 years = 1 mark
a. NABL certification = 5 marks
ii. Accreditation / Certification
b. ISO certification = 3 marks
a. Hematology, Biochemistry, Histopathology,
Microbiology = 5 marks
iii. EQAS b. Biochemistry, Histopathology, Microbiology = 3
marks
c. Biochemistry = 1 mark
a. 0-20 kms = 5 marks
iv. Distance of existing lab from the
b. 21-40 kms = 3 marks
proposed diagnostic unit under PPP
c. more than 40 kms = 1 mark
a. more than 3 years = 5 marks
v. Experience of running diagnostic
b. 2- 3 years = 3 marks
unit under PPP
c. 1-2 years = 1 mark
a. more than Rs 50 lakhs = 5 marks
vi. Annual turnover b. Rs 25-50 lakhs = 3 marks
c. Rs 15-25 lakhs = 1 mark
vii. Number of Specialists with the
existing diagnostic unit (Pathologist,
Biochemist, Microbiologist as per CE a. For each specialist = 2 marks
Act)
viii. Number of Sonologist a. For each sonologist=3 marks
ix. Having full time and dedicated
Quality Assurance Personnel in
charge in the existing diagnostic unit. a. For QA Personnel in-charge=5 marks
Application Form for submission by the Private Party / NGO intending to set up Diagnostic Unit
in Rural Hospital / BPHC under Public Private Partnerships
5. Status of the Organization : Limited Company / Private Limited Company / Partnership Firm /
Proprietorship Firm / NGO / Others (Specify with documentary evidence):
6. Nature of Business Activities: Diagnostic Centre of the Applicant relating to Medical Profession
(Please tick)
a) Hospital with diagnostic facilities
b) Nursing home with hospital facilities
c) Dedicated Diagnostic Centre
d) Any other (specify)
8. Registration details of the Organization / Firm / NGO (Whether registered under Company Act /
Society Act etc. with documentary evidence)
9. Details of Licence for the diagnostic unit (CE) of the organization under WB CE Act & Rules (Enclose
copies of license) :
10. Annual Turn Over of the diagnostic unit (CE) for last three years with documentary evidence
(Balance Sheet):
11. Other information as required in terms of Eligibility Criteria & Selection Criteria in Schedule VII.
Signature
Name in Full
Designation in the Organization
Date