Office of the DIRECTOR Institute of Medical Sciences Tender Document For PAY & USE TOILET AT TRAUMA CENTRE 1 Tender No. FPA/N-3/2014/ INVITATION OF TENDER FOR CONSTRUCTION, OPERATION, MAINTENANCE & TRANSFER (COMT) OF Pay & Use Toilet (Ladies & Gents) in Trauma Centre, Institute of Medical Sciences, Banaras Hindu University, Varanasi for a period of 10 (Ten years) extendable at the expiry of ten years up to 30 years with a review after every year by the University and Hospital Administration. On behalf of The Registrar Banaras Hindu University, Varanasi invites Tender from eligible & interested parties/firms/organizations for operation and maintenance of Pay & Use Toilet (Ladies & Gents) in Trauma Centre on CONSTRUCTION, OPERATION, MAINTENANCE & TRANSFER (COMT) basis for a period of 10 (Ten years) extendable at the expiry of ten years up to 30 years with a review after every year by the University and Hospital Administration. 1. Short listing of the parties/organization will be done, based on the following criteria – (i) The net worth of the bidder shall not be less than Rs.50 lacs (ii) The bidder should have minimum one (1) year experience of operation and maintenance of similar facilities. Experience of constructing such toilets will be desirable qualification. (iii) Overall capacity and working standard of the firm by way of previous experience. (iv) The technical qualifications of the supervisors and staff employed by the bidder. 2. Layout and design of the Pay & Use toilets for CONSTRUCTION, OPERATION, MAINTENANCE & TRANSFER shall be called from the shortlisted parties. After finalization of the layout and design, a single packet tender will be called containing the “Financial Bid” from them. 3. Earnest Money: - The bidders are required to deposit a sum of Rs.50,000/(Rupees fifty thousand only) as earnest money in favor of The Registrar, Banaras Hindu University payable at Varanasi. The bid without valid earnest money will be summarily rejected. 4. Date & time for submit the Bid Document: - Bid documents in sealed envelope will be submitted in the Office of the Director, Institute of Medical Sciences, Banaras Hindu University, Varanasi on 10TH March 2014 by 16.00 hrs. Bidders may also like to send their Bid Documents in sealed envelope through registered/Speed post so as to reach the office of the Director, Institute of Medical Sciences, Banaras Hindu University, Varanasi – 221 005 by 16.00 hrs of 10th March 2014. The Institute administration will not consider the bid received after 16.00 hrs on 10th March 2014. The Institute administration will also not be responsible for non-receiving or late receiving of the bid. 5. Date & Time fixed for opening of Bid Documents: - _______ at 15.00 hrs in Institute Committee Room. 2 6. Minimum license fee for ten (10) years: - Rs.10,000.00 (Rupees ten thousand only) payable by the licensee to the BHU administration. 7. The bidder must write on envelope full name, address of the tenderer/firm & name of the work. 8. Sealed envelope of document must contain Bid Documents, Earnest money and supporting credentials. Detailed Terms and Conditions are available in the Bid Documents. The BHU administration reserves the right to reject any or all the tenders without assigning any reason what so ever. NOTE: 1. The Tender Document are available on Institute website www.bhu.ac.in/ims 2. The Tender Documents can be downloaded from the above noted website. This facility is available free of cost. DIRECTOR 3 OFFER LETTER From ………………………………….. ………………………………….. ………………………………….. To The Director Institute of Medical Sciences Banaras Hindu University VARANASI – 221 005 Subject: Tender for Operation and Maintenance of Pay & Use Toilet (Ladies & Gents) in Trauma Centre, IMS-BHU for a period of 10 (ten) years. Dear Sir 1. I/We the undersigned hereby submit our bid for the above noted work for award of contract for Pay & Use (Ladies & Gents) in Trauma Centre B.H.U as per terms and conditions of the Tender. After short listing, I will submit financial bid of the work. 2. I/We agree that this Tender shall not be restricted or withdrawn and shall remain open for acceptance during the period of 120 days from the date of opening of the same. I/We shall be bound by communication of acceptance. 3. I/We have fully understood the terms and conditions and other provisions as contained in the Tender documents and I/We agree that the same shall apply to my/our bid as such or as modified and I/We shall be bound by the same. 4. I/We have deposited a sum of Rs.50,000/- (Rupees fifty thousand only) vide DD No. __________ Dated _________ drawn in favour of the Registrar, BHU payable at Varanasi as Earnest money for the tender. 5. I/We also understand that if the offer is withdrawn or modified in a manner not acceptable to BHU authority within the validity for a period of 120 days of opening of the Tender, the entire earnest money will be forfeited. In case, acceptance of the bid is considered in my/our favour and if I/We do not comply with instructions conveyed in the letter of acceptance, full earnest money of Rs.50,000/- will stand forfeited. 4 6. Checklist of the self-attested documents/credentials enclosed with this Tender Documents is as under Sl.No. Item 1. 2. 3. 4. Experience Certificate for minimum 1 years Proof of Identity Proof of Address Character Certificate issued by DM/SP (not more than 01 year old) Net worth of the bidder shall not be less than Rs.50 lacs 5. 6. 7. 8. 9. Particulars of documents submitted to be mention in brief Documents in support of technical qualification of supervisors/staff Particulars of earnest money paid (Rs. 2 lakh) Recent photograph (Passport size) – 02 (self attested) Document in support of partnership (In case the bidding firm is a partnership firm) Yours faithfully Signature of Bidder Dated __________ Seal of the bidder Address _________________ Place ________________ Witnessed by 1. Signature ________________ Name in capital letters _____________ Address ___________________________ 2. Signature __________________ Name in capital letters ______________ Address ___________________________ 5 Instruction to the bidder Work – Tender for Operation and Maintenance of Pay & Use Toilet (Ladies & Gents) in Trauma Centre, Institute of Medical Sciences, Banaras Hindu University, Varanasi on Construction, Operation, Maintenance and Transfer (COMT) basis for a period of ten (10) years. Part – “A” 1. Place of work – Trauma Centre, Institute of Medical Sciences, Banaras Hindu University, Varanasi. 2. Scope of Work – Construction, Operation, Maintenance and Transfer of Pay & Use Toilets. The service provider is required to renovate Pay & Use premises as per the approved layout plan and design. Then the service provider will operate and maintain the Pay & Use toilets and will be authorized to collect the prescribed usage charges from the users. The assets will be required to be transferred to the BHU authority after completion of the contract period. 3. Period of Contract – Ten (10) years. 4. Estimated License fees - Rs. 05,000 per month for 10 years 5. Usage Charges - The service provider can charge the users/ patients @ Rs.3/- for using latrine and Rs.5/- for using bathroom only or both bathroom & latrine and Rs. 1 for inside urinals. However, no charge shall be levied for use in open urinal. The rates can be reviewed once in three years on mutually agreed terms. The rate list should be displayed at noticeable locations/entry point to the toilets. Clear sign-boards showing that urinals are free should be displayed. The service provider should issue a receipt to the users/patients for the service provided. 6. Short listing of the parties/organization will be done, based on the following criteria(i) The net worth of the bidder shall not be less than Rs.50 lacs. (ii) The bidder should have minimum one year experience of operation and maintenance of similar facilities. Experience of constructing such toilets will be desirable qualification. (iii) Overall capacity and working standard of the firm by way of previous experience and their pre-bid presentation. (iv) The technical qualifications of the supervisors and staff employed by the bidder. 7. Layout and design of the Pay & Use toilets for CONSTRUCTION, OPERATION, and MAINTENANCE & TRANSFER shall be called from the shortlisted parties. After finalization of the layout and design, a single packet render will be called containing the “Financial Bid” from the shortlisted parties. 6 8. RESPONSIBILITY OF THE BIDDERS BEFORE SUBMISSION OF OFFERS (a) The bidders shall be responsible for all the costs associated with the preparation of the proposal and their participation in the selection process. BHU will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the selection process. (b) The bidders shall ensure that the bid is complete in all respects and conforms to all the requirements. (c) The bidders should be familiar with the clearances required from various authorities for commencement of the work. The bidder shall be deemed to have carried out preliminary checks with relevant authorities. (d) It would be deemed that by submitting the bid, the bidders have made a complete and careful examination of the documents and obtained all relevant information about the project. BHU shall not be liable for any mistake or error on the part of the bidders in this respect. 9. BASIC AMENITIES TO BE ENSURED DURING RENOVATION (a) Urinals (b) Separate toilets for ladies and gents duly making one of the toilets disabled friendly (c) At least one European style toilet (d) Adequate number of wash basins with provision of soap solution for washing hands (e) A small bathing unit (Optional). However, no bathing unit on island platform will be permitted. (f) Good quality ceramic flooring and Dado tiles should be used, preferably of larger size to have fewer joints. (g) All electrical wiring should be concealed with flush type switch panel Board. Adequate light fittings should be provided and maintained to keep the illumination level as prescribed limit. Adequate number of exhaust fans of suitable capacity should be provided to ensure proper air circulation and for removing foul smell. (h) Proper clearing arrangements should be ensured (i) PVC water storage tanks of adequate capacity should be provided (j) Litterbins should be provided (k) The toilet unit is to be operated as no-smoking zone and proper indication board in this regard should be displayed (l) All water pipes, drainage and waste pipes should be concealed (m) The layout plan for renovated unit should be got approved from BHU. The plan should also show disposal of sewage &sullage drains and electrical wiring & fittings. 10. OPERATION & MAINTENANCE OF PAY & USE TOILETS (a) Adequate number of Safaiwala to be posted. (b) The staff provided should be literate and courteous towards the users. (c) Employee schedule to be provided. (d) Standard cleaning materials and equipments should be used. 7 (e) Ensure proper cleanliness. (f) Ensure safety & security of patients/users. (g) Routine maintenance including prompt repairs of patholes, cracks, concrete joints, electric fittings, lighting, sanitary fittings and signages. (h) Prevention of any encroachment in/adjoining the toilet block.. (i) It will be the responsibility of the service provider to ensure proper disposal of drainage up to the outfall and any choking of drainage should be attended to promptly. (j) Proper litter/garbage disposal beyond BHU limits or at the location as approved by BHU should be done by Service Provider. (k) Cleanliness/hygiene of surroundings of toilets (3 to 5 meter around) should be ensured by the service provider. (l) Cleaning the septic tanks, including the safe disposal of their contents and maintenance of the sewerage system will be the responsibility of the service provider. (m) White washing and painting to be undertaken as and when required/instructed. (n) Mechanised scrubbing and polishing of the floor surface of the toilet to be done periodically. (o) Use of anti-odour material like naphthalene balls, odonil, freshner etc. (p) There shall be complete ban on smoking in open space and the toilet complex should be operated as no smoking zone. Proper indication boards to this effect should be displaced in the complex at conspicuous points. 11. PERIOD OF CONTRACT The period of contract for Pay & Use toilet under ROMT scheme will be (ten) years. After completion of the contract period, BHU may extend the contract period on mutually agreed terms and license fee subject to the satisfactory performance of the service provider for further period of 10 yrs. If the period is not extended by BHU then the assets will be transferred to the BHU who will be free to give license to other individuals/organizations. 12. PUNITIVE CLAUSE BHU can impose fine on the service provider if the desired level of cleanliness is not maintained and for lack of proper upkeep of facilities, etc. Fine up to Rs.500/- at a time for unsatisfactory cleanliness and up to Rs.1000/- at a time for lack of proper upkeep of facilities and over charging may be imposed. However, in no case the fine should be more than Rs.2000/- at a time. 13. TAX & STATUTORY LIABILITY The service provider shall be responsible for all the taxes to be paid to the civic agencies for the services rendered by him. There will be no tax liability upon the BHU whatsoever on any account. The service provider will indemnity the BHU for the damages caused due to non-compliance to any statutory law, bye-law or service conditions. 8 14. TERMINATION OF CONTRACT The BHU can terminate the contract in case of continued non-compliance of service conditions by the service provider with one month’s notice. Thereafter the BHU will be free to invite fresh tender. 15. COMPLAINT & SUGGESTIONS The service provider shall provide a complaint Box. They should also maintain a complaint and suggestion register at the toilets which shall be made available to the users/patients. Notice to the effect should be put up at entry points to the toilets. 16. PROJECT COMPLETION The renovation as per ROMT of Pay & Use toilets under this arrangement should be completed within 02 months of signing the agreement. No extension shall be given under normal conditions. However, if the BHU are satisfied that delay, if any, is caused under the unforeseen/unavoidable circumstances, extension may be granted. 17. Earnest Money An earnest money of Rs.50,000/- (Rupees fifty thousand only) may also be paid through Demand Draft of any nationalized bank in favour of The Registrar, Banaras Hindu University payable at Varanasi and the same should be attached with tender form. Earnest money in the shape of Post Office Cash Certificate, Cheque of Govt. Securities will not be accepted. Without earnest money tender will not be accepted. No interest will be allowed on the earnest money. If the successful tenderer fails to deposit the security money and first year’s license fee, within the stipulated period as mentioned in the letter of acceptance, the earnest money shall be liable to be forfeited by the Director, Institute of Medical Sciences, Banaras Hindu University, Varanasi without giving notice whatsoever. The earnest money of the unsuccessful tenderer will be refunded in due course. 18. EVALUATION OF OFFERS The committee will evaluate the offers and their recommendations shall be accepted by competent authority. 19. PAYMENT OF LICENSE FEE The service provider shall pay an annual license fee to the BHU as quoted in the financial bid. It has to be paid in advance in first quarter of every year of the contract. 20. SELECTION & NOTIFICATION The successful bidder will be intimated through a “Notice of Award” and he must sign the “letter of acceptance” within 10 days of the issue of the “Notice of Award”. The agreement must be signed within 30 days of 9 “Notice of Award”. In case the bidder does not sign the agreement within 30 days of issuance of “Notice of Award”, the BHU reserves the right to cancel the tender, forfeit the earnest money and proceed ahead in a manner deemed fit. 21. ELECTRICITY & WATER CHARGES Separate electric and water meters of approved make will be installed by service provider. However, electric and water connection shall be provided by BHU free of cost from the nearest available electric and water point. The electricity/water charges to be realized from the service provider will be as under Water Electricity Water charges on actual basis or as Actual consumption of electricity fixed by the BHU 22. SECURITY MONEY The successful bidder shall have to deposit security money equivalent to 06 month license fee for the dues (if any) and faithful fulfillment of the contract by him/them. The earnest money deposited by the successful tenderer with his offer may be retained by the BHU as part of the security money and in such a case; the successful tenderer will have to deposit the balance to make up the security deposit. Security money may be deposited either through Demand Draft of any nationalized Bank in favour of The Registrar, Banaras Hindu University payable at Varanasi which should be valid for the entire period of the contract. If the successful bidder fails to deposit the security money within the stipulated period as mentioned in the Notice of Award, the earnest money of the successful bidder is liable to be forfeited by the Director, Institute of Medical Sciences, Banaras Hindu University, Varanasi without giving notice whatsoever. Security money shall be returned to the service provider after the successful completion of the work and after making deduction of due amount, if any, to which the service provider shall be liable. In case the service provider leaves the contract before expiry of the contract period, the security money shall be liable (to be forfeited) No interest will be payable upon the security money payable to the contractor under the contract. 10 23. Report of the bid documents: Bid documents will be sent in sealed cover addressed to the Director, Institute of Medical Sciences, Banaras Hindu University, Varanasi – 221 005 on 7TH March 2014 between 12.00 hours to 16.00 hours. The sealed cover should be super scribed “TENDER FOR CONSTRUCTION, OPERATION, MAINTENANCE AND TRANSFER OF PAY & USE TOILETS AT TRAUMA CENTRE”. Bidders may also like to send in their tender documents in sealed envelope through registered post/speed post/courier so as to reach the Office of Director, Institute of Medical Sciences, Banaras Hindu University, Varanasi – 221 005 by 16.00 hours on 10th March 2014. The Institute Administration will not consider the bid reached after the fixed time i.e. 16.00 hours on 10th March 2014. The Institute Administration will also not be responsible for non-receiving or late receiving of the bid. Part – ‘B’ GENERAL CONDITIONS OF THE BID/CONTRACT 1. The BHU reserves the right to reject any or all offers without assigning any reason for the same. If the successful bidder fails to take up the contract within the time stipulated by the administration, the earnest money deposited by the successful bidder will be forfeited. The earnest money of the unsuccessful tenderer will be refunded in due course. 2. The successful bidder will have to execute an agreement within the prescribed period and shall bear all stamp duty in this connection. 3. All corrections and alterations in the bid documents must be attested by the full signature of the person submitting the tender. Tender containing erasures or overwriting will not be considered. 4. The contract shall not be Sublet or assigned without the permission of the Registrar, BHU. 5. The successful bidder should pay the necessary security deposit stipulated by the Administration and may be required to execute a separate agreement in respect of supply of electricity and water to the Pay & Use Toilets. 6. Bidders are required to sign on each page of the bid documents in absence of which the bid will be out rightly rejected. 7. If a bidder expires after the submission of the bid/tender or after the acceptance of his tender, the BHU shall deem such tender or contract as cancelled. If a partner of the tenders firm expire, after the submission of their tender or after acceptance of their tender, the BHU should deem such tender or contract as cancelled unless the firm retains its original characters certificate. BHU shall be approached by the firm to this effect submitting fresh details of partnership deed etc. 11 8. (a) In case the bidding firm is a partnership firm, it shall submit all documents in support of partnership and constitution of the firm including registration deed and power of attorney if any, along with the tender. Tenders not accompanied by such documents will not be considered. The tender shall be the individual(s) legally authorized to enter into commitment on behalf of all the partners of firm. (b) The bidder in his individual capacity will submit proof of identity, proof of address & character certificate issued by DM/SP (not more than 01 year old) with the tender. 9. Each page of the tender documents is to be signed by the tenderer or power of attorney holder. In case of tender being submitted by partnership firm, tender document must be signed separately by each partner and in absence of any one or more of the partner by the person/persons holding power of attorney from such absent partner/partners authorizing him/them to do so, in any event, the names and address of all the partners must be described in writing. 10. All disputes and difference of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the contract period or after its completions and whether before or after determination of the contract shall be referred by the service provider to the BHU for arbitration and the same shall be dealt under general condition of the contract in so far as it relates to the present contract. 11. The service provider should abide by the conditions contained in conditions of the tender and the bid documents of the contract. He shall also abide by the any instruction relating to the Pay & Use issued by the Director, Institute of Medical Sciences, and Banaras Hindu University, Varanasi or any BHU official on his behalf from time to time. The service provider shall abide by all decision taken by BHU either prior or during the currency of the contract. 12. If at any stage information furnished is found false, contract awarded is liable to be cancelled immediately without any notice. 13. The service provider shall comply with the provision of the Minimum Wages Act 1948 and the rules made there under. 14. The BHU Administration may at any time, by notice in writing summarily terminate the service provider /license without compensation to the licensee in any of the following events, that is to say – (a) If the service provider being an individual or if a firm, any partner thereof, shall at any time, be adjudged insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceeding for composition under insolvency Act for the time being in force or make any conveyance or assignment of his effects or enter into any assignment or composition with his creditors or suspend payment or if the firm be dissolved under the Partnership Act, or (b) If the service provider being a company is would up voluntarily or by the order of a Court or a Receiver Liquidator or Manager, or (c) If the service provider commits any breach of the license agreement not herein specifically provided for. Provided always that such determination shall not prejudice any right of action or remedy which 12 shall have accrued or shall accrue thereafter to the BHU for any extra expenditure he is thereby put to and the Licensee shall, under no circumstances, be entitled to any gain or re-purchase. 15. Law governing the License (i) This license shall be governed by the Laws of India for the time being in force. (ii) The place of performance or place of payment under the license, the license shall be deemed to have been made at the place from which the acceptance of license has been issued. 16. Jurisdiction of courts – The courts of the place from where the acceptance of license has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the license. 17. (i) FORCE MAJEURE In the event that any of the Parties hereto finds unable, by reason of a case of “Force Majeure” to carry out its obligations hereunder in whole or in part, the obligation of such Party to the extent that they are affected by such “Force Majeure” shall be suspended as long as impossibility so caused shall last but not thereafter. The adverse situation created by such “Force Majeure” shall be remedied as far as possible, with reasonable dispatch. (ii) The term “Force Majeure” as used herein shall mean any Act of God and any event, whether accidental or not, beyond the will and control of the Party affected by such event (but not necessarily unpredictable) such as war, whether declared or not, riot, insurrection, civil commotion, sabotage, strikes, lock out, or other disturbance, accident, fire, earthquake, flood explosion, damage to plant or installations, epidemic, quarantine restrict ions, absence of the usual means of transport and embargoes, the occurrence of which event could not have reasonably by foreseen or provided for by a man of common prudence exercising due diligence together with the steps taken by it to avoid or minimize the adverse effect of such Force Majeure event, as also the cessation of such event. (iii) The party affected by “Force Majeure” shall have notice thereof to the other party setting forth all necessary particulars concerning the giving of the said notice, obligations of the Party giving such notice shall be suspended as said above and the Parties shall consult together with the view to determining mutually acceptable measure to overcome the difficulties arising there from. 18. The service provider shall indemnify, protect, defend and hold harmless BHU, its officers, employees and agents from and against any and all demands claims, suits and causes of action and any and all liabilities, costs, expenses, settlements and judgments arising out of the failure of the Contractor to discharge its obligations under this Agreement and to comply with the provision of applicable laws and any permit or approval that may have been obtained or may be required or arising out of or attributable to any act or omission of the service provider. 13 19. The decision of the Vice Chancellor BHU in regard to interpretation of the Terms & Conditions and the Agreement shall be final and binding on the Agency. 20. In case of any dispute between the Agency and the client, the decision of the Vice Chancellor, BHU shall be final. Dispute, if any, that arises further shall be entertained by the Local Court at Varanasi. 21. In case of any dispute or differences arising under the terms of this Agreement the same shall be settled by reference to arbitration by a Sole Arbitrator to be appointed by the Vice Chancellor, BHU. The provisions of Arbitration and Conciliation Act 1996 shall be applicable. 22. Any violation of instructions/agreement or suppression of facts will attract cancellation of agreement without any reference. DIRECTOR 14