Corrigendum - Addendum Notice 2 in respect of DG ESIC GeM RC Bid for Anesthesia Workstation

Document text

Bid Number: GEM/2026/B/7258510 Dated: 25-03-2026 Bid Corrigendum GEM/2026/B/7258510-C8 Following terms and conditions supersede all existing “Buyer added Bid Specific Terms and conditions” given in the bid document or any previous corrigendum. Prospective bidders are advised to bid as per following Terms and Conditions: Buyer Added Bid Specific Additional Terms and Conditions 1. The Purchase orders placed through the rate of this bid shall be placed by . The order shall be placed by buyer separately based on the requirement. 2. Tax and Duties Toll Tax/ Entry Tax/ Octroi Duty & Local Taxes. No separate payment would be made by the Buyer for Toll Taxes, Entry Taxes, Octroi duty and local Taxes, if any. The Seller should cater for these Taxes/ duties as part of Basic Rate quoted in the Bid. 3. Demurrage charges In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted.Demurrage charges. In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted. 4. Packing Material The items will be supplied by the successful bidder in its original packing material and the packing material will not be returned. Weight of packing material will not be included in quantity supplied and only net weight of the items will be counted. The packing should be of standardized weights of appropriate size. Item will not be accepted in non-standardized weights.Packing Material. The items will be supplied by the successful bidder in its original packing material and the packing material will not be returned. Weight of packing material will not be included in quantity supplied and only net weight of the items will be counted. The packing should be of standardized weights of appropriate size. Item will not be accepted in non-standardized weights. 5. Non return of Hard Disk: As per Buyer organization’s Security Policy,Faulty Hard Disk of Servers/Desktop Computers/ Laptops etc. will not be returned back to the OEM/supplier against warranty replacement. 6. End User Certificate: Wherever Bidders are insisting for End User Certificate from the Buyer, same shall be provided in Buyer’s standard format only. 7. Material Test Certificate Should Be Sent Along with The Supply. The Material Will Be Checked by Buyer’s Lab & the Results of the Lab will be the Sole Criteria for Acceptance of the Item. 8. Bidder's offer is liable to be rejected if they dont upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any. 9. The Bidder / OEM {themselves or through reseller(s)}, should have executed project for supply and installation / commissioning of same or similar Category Products during preceding 3 financial years (i.e. current year and three previous financial years) as on opening of bid, as per following criteria: (i) Single order of at least 35% of estimated bid value; or (ii) Two orders of at least 20% each of estimated bid value; or (iii) Three orders of at least 15% each of estimated bid value. Satisfactory Performance certificate issued by respective Buyer Organization for the above Orders should be uploaded with bid. In case of bunch bids, the Category related to primary product having highest bid value should meet this criterion 10. Malicious Code Certificate: 1 / 3 The seller should upload following certificate in the bid:- (a) This is to certify that the Hardware and the Software being offered, as part of the contract, does not contain Embedded Malicious code that would activate procedures to :- (i) Inhibit the desires and designed function of the equipment. (ii) Cause physical damage to the user or equipment during the exploitation. (iii) Tap information resident or transient in the equipment/network. (b) The firm will be considered to be in breach of the procurement contract, in case physical damage, loss of information or infringements related to copyright and Intellectual Property Right (IPRs) are caused due to activation of any such malicious code in embedded software. 11. OEM Turn Over Criteria: The minimum average annual financial turnover of the OEM of the offered product during the last three years, ending on 31st March of the previous financial year, should be as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant periods or a certificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the date of constitution / incorporation of the OEM is less than 3 year old, the average turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criteria. In case of bunch bids, the OEM of CATEGORY RELATED TO primary product having highest bid value should meet this criterion. 12. Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers for Service Support. 13. Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free Telephone No. for Service Support. 14. AVAILABILITY OF OFFICE OF SERVICE PROVIDER: An office of the Service Provider must be located in the state of Consignee. DOCUMENTARY EVIDENCE TO BE SUBMITTED. 15. ISO 9001: The bidder or the OEM of the offered products must have ISO 9001 certification. 16. Non- Disclosure: The OEM/bidder has to sign a Non-Disclosure agreement with the buyer for Software license products like Anti-Virus solutions etc. 17. IT equipment shall be IPv6 ready from day one. 18. Bidders are advised to check applicable GST on their own before quoting. Buyer will not take any responsibility in this regards. GST reimbursement will be as per actuals or as per applicable rates (whichever is lower), subject to the maximum of quoted GST %. 19. NET WORTH: Net Worth of the OEM should be positive as per the last audited financial statement. 20. Availability of Service Centres: Bidder/OEM must have a Functional Service Centre in the State of each Consignee's Location in case of carry-in warranty. (Not applicable in case of goods having on-site warranty). If service center is not already there at the time of bidding, successful bidder / OEM shall have to establish one within 30 days of award of contract. Payment shall be released only after submission of documentary evidence of having Functional Service Centre. 21. Buyer uploaded ATC document Click here to view the file. Disclaimer The additional terms and conditions have been incorporated by the Buyer after approval of the Competent Authority in Buyer Organization, whereby Buyer organization is solely responsible for the impact of these clauses on the bidding process, its outcome, and consequences thereof including any eccentricity / restriction arising in the bidding process due to these ATCs and due to modification of technical specifications and / or terms and conditions governing the bid. If any clause(s) is / are incorporated by the Buyer regarding following, the bid and resultant contracts shall be treated as null and void and such bids may be cancelled by GeM at any stage of bidding process without any notice:- 1. Definition of Class I and Class II suppliers in the bid not in line with the extant Order / Office Memorandum issued by DPIIT in this regard. 2. Seeking EMD submission from bidder(s), including via Additional Terms & Conditions, in contravention to exemption provided to such sellers under GeM GTC. 3. Publishing Custom / BOQ bids for items for which regular GeM categories are available without any Category item bunched with it. 4. Creating BoQ bid for single item. 5. Mentioning specific Brand or Make or Model or Manufacturer or Dealer name. 6. Mandating submission of documents in physical form as a pre-requisite to qualify bidders. 2 / 3 7. Floating / creation of work contracts as Custom Bids in Services. 8. Seeking sample with bid or approval of samples during bid evaluation process. (However, in bids for attached categories, trials are allowed as per approved procurement policy of the buyer nodal Ministries) 9. Mandating foreign / international certifications even in case of existence of Indian Standards without specifying equivalent Indian Certification / standards. 10. Seeking experience from specific organization / department / institute only or from foreign / export experience. 11. Creating bid for items from irrelevant categories. 12. Incorporating any clause against the MSME policy and Preference to Make in India Policy. 13. Reference of conditions published on any external site or reference to external documents/clauses. 14. Asking for any Tender fee / Bid Participation fee / Auction fee in case of Bids / Forward Auction, as the case may be. 15. Buyer added ATC Clauses which are in contravention of clauses defined by buyer in system generated bid template as indicated above in the Bid Details section, EMD Detail, ePBG Detail and MII and MSE Purchase Preference sections of the bid, unless otherwise allowed by GeM GTC. 16. In a category based bid, adding additional items, through buyer added additional scope of work/ additional terms and conditions/or any other document. If buyer needs more items along with the main item, the same must be added through bunching category based items or by bunching custom catalogs or bunching a BoQ with the main category based item, the same must not be done through ATC or Scope of Work. Further, if any seller has any objection/grievance against these additional clauses or otherwise on any aspect of this bid, they can raise their representation against the same by using the Representation window provided in the bid details field in Seller dashboard after logging in as a seller within 4 days of bid publication on GeM. Buyer is duty bound to reply to all such representations and would not be allowed to open bids if he fails to reply to such representations. *This document shall overwrite all previous versions of Bid Specific Additional Terms and Conditions. This Bid is also governed by the General Terms and Conditions 3 / 3 Bid Number: GEM/2026/B/7258510 Dated: 17-03-2026 Bid Corrigendum GEM/2026/B/7258510-C5 Following terms and conditions supersede all existing “Buyer added Bid Specific Terms and conditions” given in the bid document or any previous corrigendum. Prospective bidders are advised to bid as per following Terms and Conditions: Buyer Added Bid Specific Additional Terms and Conditions 1. The Purchase orders placed through the rate of this bid shall be placed by . The order shall be placed by buyer separately based on the requirement. 2. Tax and Duties Toll Tax/ Entry Tax/ Octroi Duty & Local Taxes. No separate payment would be made by the Buyer for Toll Taxes, Entry Taxes, Octroi duty and local Taxes, if any. The Seller should cater for these Taxes/ duties as part of Basic Rate quoted in the Bid. 3. Demurrage charges In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted.Demurrage charges. In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted. 4. Packing Material The items will be supplied by the successful bidder in its original packing material and the packing material will not be returned. Weight of packing material will not be included in quantity supplied and only net weight of the items will be counted. The packing should be of standardized weights of appropriate size. Item will not be accepted in non-standardized weights.Packing Material. The items will be supplied by the successful bidder in its original packing material and the packing material will not be returned. Weight of packing material will not be included in quantity supplied and only net weight of the items will be counted. The packing should be of standardized weights of appropriate size. Item will not be accepted in non-standardized weights. 5. Non return of Hard Disk: As per Buyer organization’s Security Policy,Faulty Hard Disk of Servers/Desktop Computers/ Laptops etc. will not be returned back to the OEM/supplier against warranty replacement. 6. End User Certificate: Wherever Bidders are insisting for End User Certificate from the Buyer, same shall be provided in Buyer’s standard format only. 7. Material Test Certificate Should Be Sent Along with The Supply. The Material Will Be Checked by Buyer’s Lab & the Results of the Lab will be the Sole Criteria for Acceptance of the Item. 8. Bidder's offer is liable to be rejected if they dont upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any. 9. The Bidder / OEM {themselves or through reseller(s)}, should have executed project for supply and installation / commissioning of same or similar Category Products during preceding 3 financial years (i.e. current year and three previous financial years) as on opening of bid, as per following criteria: (i) Single order of at least 35% of estimated bid value; or (ii) Two orders of at least 20% each of estimated bid value; or (iii) Three orders of at least 15% each of estimated bid value. Satisfactory Performance certificate issued by respective Buyer Organization for the above Orders should be uploaded with bid. In case of bunch bids, the Category related to primary product having highest bid value should meet this criterion 10. Malicious Code Certificate: 1 / 3 The seller should upload following certificate in the bid:- (a) This is to certify that the Hardware and the Software being offered, as part of the contract, does not contain Embedded Malicious code that would activate procedures to :- (i) Inhibit the desires and designed function of the equipment. (ii) Cause physical damage to the user or equipment during the exploitation. (iii) Tap information resident or transient in the equipment/network. (b) The firm will be considered to be in breach of the procurement contract, in case physical damage, loss of information or infringements related to copyright and Intellectual Property Right (IPRs) are caused due to activation of any such malicious code in embedded software. 11. OEM Turn Over Criteria: The minimum average annual financial turnover of the OEM of the offered product during the last three years, ending on 31st March of the previous financial year, should be as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant periods or a certificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the date of constitution / incorporation of the OEM is less than 3 year old, the average turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criteria. In case of bunch bids, the OEM of CATEGORY RELATED TO primary product having highest bid value should meet this criterion. 12. Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers for Service Support. 13. Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free Telephone No. for Service Support. 14. AVAILABILITY OF OFFICE OF SERVICE PROVIDER: An office of the Service Provider must be located in the state of Consignee. DOCUMENTARY EVIDENCE TO BE SUBMITTED. 15. ISO 9001: The bidder or the OEM of the offered products must have ISO 9001 certification. 16. Non- Disclosure: The OEM/bidder has to sign a Non-Disclosure agreement with the buyer for Software license products like Anti-Virus solutions etc. 17. IT equipment shall be IPv6 ready from day one. 18. Bidders are advised to check applicable GST on their own before quoting. Buyer will not take any responsibility in this regards. GST reimbursement will be as per actuals or as per applicable rates (whichever is lower), subject to the maximum of quoted GST %. 19. NET WORTH: Net Worth of the OEM should be positive as per the last audited financial statement. 20. Availability of Service Centres: Bidder/OEM must have a Functional Service Centre in the State of each Consignee's Location in case of carry-in warranty. (Not applicable in case of goods having on-site warranty). If service center is not already there at the time of bidding, successful bidder / OEM shall have to establish one within 30 days of award of contract. Payment shall be released only after submission of documentary evidence of having Functional Service Centre. 21. Buyer uploaded ATC document Click here to view the file. Disclaimer The additional terms and conditions have been incorporated by the Buyer after approval of the Competent Authority in Buyer Organization, whereby Buyer organization is solely responsible for the impact of these clauses on the bidding process, its outcome, and consequences thereof including any eccentricity / restriction arising in the bidding process due to these ATCs and due to modification of technical specifications and / or terms and conditions governing the bid. If any clause(s) is / are incorporated by the Buyer regarding following, the bid and resultant contracts shall be treated as null and void and such bids may be cancelled by GeM at any stage of bidding process without any notice:- 1. Definition of Class I and Class II suppliers in the bid not in line with the extant Order / Office Memorandum issued by DPIIT in this regard. 2. Seeking EMD submission from bidder(s), including via Additional Terms & Conditions, in contravention to exemption provided to such sellers under GeM GTC. 3. Publishing Custom / BOQ bids for items for which regular GeM categories are available without any Category item bunched with it. 4. Creating BoQ bid for single item. 5. Mentioning specific Brand or Make or Model or Manufacturer or Dealer name. 6. Mandating submission of documents in physical form as a pre-requisite to qualify bidders. 2 / 3 7. Floating / creation of work contracts as Custom Bids in Services. 8. Seeking sample with bid or approval of samples during bid evaluation process. (However, in bids for attached categories, trials are allowed as per approved procurement policy of the buyer nodal Ministries) 9. Mandating foreign / international certifications even in case of existence of Indian Standards without specifying equivalent Indian Certification / standards. 10. Seeking experience from specific organization / department / institute only or from foreign / export experience. 11. Creating bid for items from irrelevant categories. 12. Incorporating any clause against the MSME policy and Preference to Make in India Policy. 13. Reference of conditions published on any external site or reference to external documents/clauses. 14. Asking for any Tender fee / Bid Participation fee / Auction fee in case of Bids / Forward Auction, as the case may be. 15. Buyer added ATC Clauses which are in contravention of clauses defined by buyer in system generated bid template as indicated above in the Bid Details section, EMD Detail, ePBG Detail and MII and MSE Purchase Preference sections of the bid, unless otherwise allowed by GeM GTC. 16. In a category based bid, adding additional items, through buyer added additional scope of work/ additional terms and conditions/or any other document. If buyer needs more items along with the main item, the same must be added through bunching category based items or by bunching custom catalogs or bunching a BoQ with the main category based item, the same must not be done through ATC or Scope of Work. Further, if any seller has any objection/grievance against these additional clauses or otherwise on any aspect of this bid, they can raise their representation against the same by using the Representation window provided in the bid details field in Seller dashboard after logging in as a seller within 4 days of bid publication on GeM. Buyer is duty bound to reply to all such representations and would not be allowed to open bids if he fails to reply to such representations. *This document shall overwrite all previous versions of Bid Specific Additional Terms and Conditions. This Bid is also governed by the General Terms and Conditions 3 / 3 Page 1 of 71 कर्मचारी राज्य बीर्ा निगर् (श्रर् एवं रोज़गार र्ंत्रालय, भारत सरकार) EMPLOYEES’ STATE INSURANCE CORPORATION (Ministry of Labour & Employment, Govt. of India) र्ुख्यालय/HEADQUARTERS’ पंचदीप भवि, सी॰आई॰जी र्ागम, िई ददल्ली -110 002 Panchdeep Bhawan, C.I.G. Marg, New Delhi- 110002 www.esic.gov.in, 011-23230247, dmc- rc@esic.gov.in _____________________________________________________________________________ GeM Bid No. GEM/2026/B/7258510, DGESIC GeM RC No. EQ-03 On behalf of the Director General, Dy. Medical Commissioner (RC/PC) invites online GeM bid No. GEM/2026/B/7258510 for DG ESIC-GeM Rate Contract No. EQ-03 for supply of Anaesthesia Work Station for use of ESIC institutions all over India, through GeM portal 1. SUMMARY OF DG-ESIC RATE CONTRACT NO. EQ-03 I. It is proposed to enter into a Rate Contract with firms which fulfill the eligibility criteria approved by ESI Corporation for supply of Anaesthesia Work Station, as specified in Annexure – A. The eligibility criteria have been given in the terms and conditions. The firms intending to participate in the bid for formulation of Rate Contract should first ensure that they fulfil all the eligibility criteria as prescribed under the terms and conditions; otherwise, the bids shall be summarily rejected. II. The Rate Contract shall be governed by the terms and conditions enclosed with this bid document and no modifications / alterations etc. are allowed in any case. If any modifications / alterations are proposed or any other condition is advanced by the bidder, it shall be ignored and the bid shall be disqualified. III. Bidder is therefore advised to bid only if the terms and conditions as prescribed by ESI Corporation are acceptable to them in its entirety and they fulfil all the eligibility criteria. IV. To participate in BID, bidder should be onboarded on GeM. The bidders should complete all stages of online bid submission through GeM portal. They are requested to complete the process of online bid submission well before the closing date. V. Evaluation & finalization of Rate Contract shall be based on GeM-bid submitted by the bidder. It is the sole responsibility of the bidder to scan and upload clear and legible documents for the purpose of evaluation. Any deficiency in the Page 2 of 71 documents submitted by the bidder may lead to disqualification of the bidder and shall be the sole responsibility of the bidder. (a) GeM bid is invited directly from OEM registered in India falling only under category described as Class-I Local Supplier and Class-II Local Supplier as per the Public Procurement (preference to Make-in-India) order 2017 No. P-45021/2/2017-PP (BE-II)-Part(4) Vol.II dated 19.07.2024 issued by Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Ministry of Commerce and Industry except for equipments exempted vide OM No F.4/1/2023-PPD, dated 17.02.2025 issued from Department of Expenditure (DOE), Procurement Policy Division, Ministry of Finance, Govt. of India and any amendments thereof. (b) Non-Local Suppliers are eligible to participate ONLY for EQUIPMENTS exempted vide OM No F.4/1/2023-PPD, dated 17.02.2025 issued from Department of Expenditure (DOE), Procurement Policy Division, Ministry of Finance, Govt. of India and any amendments thereof. Such participating Non-Local Suppliers shall annex the OM highlighting the exempted equipments for which the bidder is participating. Bid/s submitted by a Non-Local Supplier for equipments other than equipments which are exempted by Department of Expenditure (DOE), Procurement Policy Division, Ministry of Finance, Govt. of India, shall be summarily rejected. Considering that the registration of Make in India compliant firms is dynamic and in cases where participation of Make in India Compliant firm against a valid exempted item under the list is observed in the bid then as a principle, the Make in India clause shall prevail subject to the Make in India compliant firm meeting the eligibility criteria. (c) Bids quoted by Distributors/agents/Third party on behalf of manufacturers will not be entertained, even if authorized by the manufacturers except the equipment exempted vide OM No F.4/1/2023-PPD, dated 17.02.2025 issued from Department of Expenditure (DOE) . In case of equipment exempted vide the aforesaid OM, the authorized distributor/supplier can participate in the bid. (d) Participating firm must quote only one bid in one bid enquiry failing which all bids submitted by the same firm in the respective bid enquiry shall be summarily rejected and all respective EMD’s in the respective bid enquiry shall be forfeited. (e) It is Mandatory for all Participating firms to submit all affidavits with separate serial numbers within the bid and across different bids. All Page 3 of 71 affidavits must bear the GeM bid Number for which it is being submitted on the top. Bids with duplication of affidavits (with same serial number) within the bid and across different bids shall be construed to be in violation of Code of Integrity and participating firm with all submitted bid shall be summarily rejected and action as per clause 2 (X) shall be implemented. (f) One person as an Authorized Signatory can represent only one Firm in a bid or across all bids for the same firm. VI. A SINGLE SEALED ENVELOPE: The bidder is required to submit Original Demand Draft / Banker’s Cheque / FDR / Bank Guarantee towards EMD, as prescribed, in a sealed envelope super scribed with the GeM Bid No. _________ DG ESIC GeM RC Number________. The envelope should be addressed to Dy. Medical Commissioner (Procurement Cell) and sent by post or courier, or dropped in the bid box kept in Room No. 321, III Floor, ESIC Hqrs. Office, Panchdeep Bhawan, C.I.G. Road, New Delhi – 110002 within five (05) days from the bid closing date. Any EMD received after the prescribed date & time shall not be entertained, and the bid shall be summarily rejected. The buyer shall not be responsible for any postal delay or otherwise. A scanned copy of EMD (Earnest Money Deposit), as prescribed, must be uploaded by the bidder on the GeM Portal on or before the GeM bid closing date and time. VII. ONLINE TECHNICAL BID: The bidder should upload all the certificates / documents for the items quoted online in Technical Bid. The bid shall be liable to be rejected if all complete documents / certificates / annexures as specified in the bid are not uploaded / submitted in time. VIII. Representations received only on GeM portal within prescribed timelines of GeM will be examined. Representations received after prescribed timelines and through any other means (email, physical copy etc.) will not be entertained. IX. The pre-bid meeting shall be conducted by the ESIC in the manner and procedure as prescribed. Participant/ representatives has to submit an Authority letter along with photo identity card of the firms/ bidders to attend the pre-bid meeting. X. If the date of opening of bid/s is declared a public holiday, the bid shall be opened on the next working day at the same venue and time. XI. Online Technical Bid and a single sealed envelope shall be opened on the date and time as prescribed on the GeM Portal at the Main Conference Hall, 5th Floor, ESIC Hqrs. Office, Panchdeep Bhawan, C.I.G. Road, New Delhi – 110002 in presence of Page 4 of 71 representatives of the firms having an authority letter for representation from the firm along with their photo identity proof in support. XII. The bidder shall bear all costs and expenditures incurred in connection with: • Preparation and uploading of the bid • Subsequent processing of the bid The purchaser shall not be responsible or liable for any such cost or expenditure, regardless of the outcome of the GeM process. XIII. CRITICAL DATE SHEET Bid Publication Date & Time As per GeM Portal Bid submission Start Date & Time Pre-bid Meeting Date & Time (Venue: Main Conference Hall, 5th Floor, ESIC Hqrs. Office, Panchdeep Bhawan, C.I.G. Road, New Delhi – 110002) Bid Submission End Date & Time Bid Opening Date & Time NOTE: - 1) It is the sole responsibility of bidders to check the website(s) for further notifications / updates/corrigendum, (if any), on GeM & ESIC website – www.esic.gov.in issued by procuring entity. Any corrigendum/ addendum thus issued subsequently shall be considered as part of the bid document. 2) It is the sole responsibility of the bidder to duly check that all the documents/ certificates/ annexure/ affidavits etc. are uploaded correctly and are legible to read. 2. EARNEST MONEY DEPOSIT I. The bidder must submit Earnest Money Deposit (EMD) as prescribed along with this bid in the form of Account payee Demand Draft / Banker’s Cheque / FDR / Bank Guarantee. The Demand Draft / Banker’s Cheque should be issued by any Scheduled Commercial Bank only (RBI approved) in favor of ESIC FUND ACCOUNT NO.1, payable at NEW DELHI. II. The FDR/Bank Guarantee should be issued by any Scheduled Commercial Bank only (RBI approved) strictly in favour of “The Director General, ESIC Hqrs Office”. Cheque(s) shall not be accepted in any case. The format for Bank Guarantee for EMD is given in Annexure -B. A scanned copy of EMD (Earnest Money Deposit), as prescribed, must be uploaded by the bidder on the GeM Portal on or before the GeM bid closing date and time. Original copy of EMD to be submitted by post or courier or dropped in the bid box kept in Room No. Page 5 of 71 321, III Floor, ESIC Hqrs. Office, Panchdeep Bhawan, C.I.G. Road, New Delhi – 110002 within 5 days of bid closing date. Any EMD received after the prescribed date & time will not be entertained, and the bid shall be summarily rejected. III. Individual EMD for each equipment has been indicated in the bid. IV. Scanned copy of “EMD” or documentary evidence for claiming exemption from payment of EMD shall be uploaded by the bidder on GeM Portal. The EMD against other bids cannot be adjusted or considered for this bid. No interest is payable on EMD. EMD of the firms, who fulfil pre-qualification requirements, would be retained. V. The bid submitted without EMD (unless exempted by a Govt order) or with erroneous EMD will be summarily rejected. Any bidder seeking EMD exemption MUST submit the valid supporting document for the relevant category as per GeM GTC with the bid. Under MSE category, only manufacturers for goods and Service Providers for Services are eligible for exemption from EMD. Traders are excluded from the purview of this Policy. VI. Please fill the details of EMD in Annexure – C. VII. For Demand Draft/Bankers Cheque/FDR- the validity of the Earnest Money Deposit should be at least 45 Days after the end of bid validity. VIII. The EMD of the unsuccessful bidders shall be refunded to them after the award of the contract. IX. In case bidder fails to deposit performance security within the specified time after award of contract, the Earnest Money Deposit shall be forfeited. X. The bidder who submits false, forged, fabricated documents or conceals facts with intent to win over the bid shall be construed to be in violation of Code of Integrity as per the bid. The bids of such participating firms shall be summarily rejected. EMD of such bidder shall be forfeited and the firm shall be liable for debarring for a period of two years for participation in bids of all ESIC institutions prospectively in addition to legal action as deemed fit. 3. TERMS AND CONDITIONS FOR GOVERNING THE RATE CONTRACT I. This bid is for the purpose of executing Rate Contract for supply of Anaesthesia Work Station in ESIC Hospitals and Medical Colleges across the country. The rates quoted and accepted by the Director General, ESI Corporation shall be valid for the quantities that may be purchased from time to time during the course of the contract. II. Director General, Employees' State Insurance Corporation, New Delhi reserves the right to reject any or all offers including the lowest quotation without assigning any reason whatsoever. Director General, ESI Corporation, New Delhi shall also have the authority to Page 6 of 71 accept bidder's offer in respect of any one or more of the items for which bidders may have quoted and his decision in this respect shall be final. III. Director General, ESI Corporation reserves the right to invite separate quotations in his sole discretion, to effect purchases outside this contract in the event of any urgent demand where no stocks are held or otherwise. Director General ESI Corporation also reserves the right to foreclose/terminate Rate Contract at any time within the currency of Rate Contract. IV. ESI Corporation shall be entitled to proceed against the participating firm/bidder before the court of law or otherwise to protect its rights and remedies available under law. V. An affidavit regarding the deemed acceptance of all terms & conditions of the bid without any deviation must be uploaded on GeM portal in Annexure – D on a non-judicial stamp paper of Rs. 300 or as per state rules whichever is higher. Non-judicial stamp paper should be duly signed by Authorized signatory and notarized. VI. The bidder is required to download the Integrity Pact document from GeM/as specified in Manual or Procurement of Goods 2024 and provided in the bid in Annexure – E. Duly Signed and scanned copy must be uploaded on the GeM portal during bid submission. The integrity pact to be submitted on non-judicial stamp paper of Rs.300 or as per State Rules, whichever is more. VII. All stamp paper purchase date should be after the date of publish of the bid on GeM Portal and date of signature of authorized signatory and date of notarization should be after the purchase date. VIII. Bidder shall have to furnish documents in support of the information given in the bid. Original documents shall be submitted for verification as and when required. If the bidder fails to provide such original or in case of discrepancies in such documents, it shall be construed as a violation of Code of Integrity. Such bids shall be summarily rejected. In addition, the bidders shall be liable for action as per clause 2(X). IX. The bids submitted by firms which are currently under debarment/blacklisting by ESI Corporation/Order of Debarment across all Ministries/Departments shall not be considered in ESIC Rate Contract till the period of debarring/blacklisting is over. The firms for which debarment/blacklisting is over as on the date & time of closing of bid submission can apply. X. In case of any attempt for cartelization by bidders with a view to hike up the prices, the respective bids shall be summarily rejected. In addition, the bidders shall be liable for action as per clause 2(X). Page 7 of 71 XI. The bidder, if selected, shall have to supply equipment in the quantity ordered only through GeM Portal, directly to all ESIC Hospitals and Medical Colleges across the Country. The Bidder shall not, at any time, assign, sub-let or make over the contract or the benefit thereof or any part thereof to any person or persons. In case, at any stage of the contract, it is found that the approved firm has appointed the distributors/dealers/third party agent for making supply or receiving of supply order against the contract, ESI Corporation shall initiate the following actions against the approved firm(s): a) 100% forfeiture of Performance Security (against any supply to all ESIC Institution/s) from the valid current DG-ESIC Rate Contract(s). b) Blacklisting for participation in the future bid enquiries for all ESIC Institutions for a period of two years prospectively. XII. This bid is for rate contract by the ESIC, and not an order for items. The supply orders will be issued later by the designated buyers i.e ESIC Hospitals and Medical Colleges across the country, at its discretion, depending on the actual need THROUGH GEM ONLY. The bidders shall supply the items only on the basis of the Supply Order issued by ESIC Hospitals and Medical Colleges across the country. Any supply without a valid Supply Order will not be accepted by respective ESIC Hospitals and Medical Colleges for payment and the ESIC shall not be responsible for any loss on this account. The validity of the rate contract shall be for one year from the date of acceptance. XIII. The Purchase Order issued prior to the end of validity of the Rate Contract shall be executed by the firm even after the end of the validity. However, it shall not be applicable in case of debarment of the firm. XIV. However, once the Supply Order/orders is/are issued by ESIC Hospitals and Medical Colleges, the bidder should not renege from the commitment of supplying the quantity mentioned in the agreement / undertaking. XV. The rates quoted shall not be increased with the order quantity or the destination during the full contract period. The rates will be fixed for the entire rate contract period for all the consignee locations across the country. Discount as applicable as per GeM policy to be provided by selected firm. XVI. For turnover, ITR to be submitted for last three years by the bidder XVII. Start-up certificate issued by DPIIT to be submitted (if applicable). Undertaking to be submitted as per GeM clause for start-up (if applicable). Page 8 of 71 XVIII. This RC bid is intended for discovery of rate. Rates are being finalized for Central Delhi location. However, OEM has to supply the equipment across the Country at discovered rate and an undertaking on affidavit is required to be submitted in this regard by the successful bidder. The tentative list of ESIC locations is attached, however, subject to variation. XIX. RC is initially for a period of 01 year and may be extended for another 01 year with mutual consent on same terms and conditions subject to availability and functionality on GeM. XX. Foreclosure: ESI Corporation also reserves the right to foreclose Rate Contract at any time within the currency of Rate Contract. In case of foreclosure, EMD/ PBG of bidders, as the case may be, shall be returned back without accrual of any interest after the completion of recovery process and submission of No Dues from the users. However, it shall not be applicable in case of debarment of the firm. 4. ELIGIBILITY CRITERIA I. Valid Manufacturing License / Import license: Valid Manufacturing License / Import License and Marketing License for the quoted equipment, issued by the Licensing Authority Concerned, to be provided by the bidder/OEM. The details of licenses to be uploaded in Annexure – F. II. Bidders must be either a licensed Indian manufacturer or an importer (wherever applicable) for which the bid is being submitted. The bids are to be submitted solely by the manufacturers or sole importer. Bids quoted by suppliers on behalf of manufacturers will not be entertained, even if they are authorized by the manufacturers. Sub-authorization to any other agent for the delivery of goods or for raising bills/collecting payment, etc., will also not be accepted. III. Should have marketing experience in case of importers certified by the Chartered Accountant for the quoted equipment for last three financial years i.e. 2022-23, 2023- 24 and 2024-25. The marketing experience certificates to be uploaded in Annexure – G. Additionally, an affidavit duly signed and notarized on non-judicial stamp paper of Rs. 300/- or as per state rules, whichever is higher, to be submitted in Annexure – H. IV. Should not have been convicted or manufacturing license suspended for manufacturing/supplying sub-standard equipment or on any other grounds under Medical & Cosmetics Act or rules framed thereunder/CDSCO guidelines, in preceding three years from the bid closing date. This shall be applicable to manufacturer and importer irrespective of bidder status. Page 9 of 71 V. The firm / company / corporation and any of its Directors/ Proprietor/ Partners/ authorized signatories should not be convicted / or a criminal case filed against or pending in any court of law by any department of the government under Prevention of Corruption Act or for cheating / defrauding government / embezzlement of government fund or for any criminal conspiracy in the said matter in preceding three years from the bid closing date. This shall be applicable to manufacturer and importer irrespective of bidder status. VI. Firm should not be currently blacklisted, debarred or deregistered for forgery, misrepresentation for which the bid is being submitted, by any govt. /autonomous body/ institution, hospital in India. This shall be applicable to manufacturer and importer irrespective of bidder status. VII. All Annexures are to be duly filled, signed (wherever applicable), stamped and scanned copy of original to be uploaded in the bid. VIII. Company/Authorized Signatory has to submit self-declaration with details of Name of Company; Employer Code No. & copy of last three contribution periods towards ESI in case factory is covered under ESI Act. (It is mandatory to check all relevant details i.e. Name & period etc. before uploading). OR Company /Authorized Signatory has to submit an affidavit giving address of Manufacturing unit with a declaration that this factory / manufacturing unit is outside the implemented area / notified area by ESI Corporation. OR Company /Authorized Signatory has to submit either a certificate from the Regional Director that the factory is not coverable or no employee is coverable under ESI Act, in case the factory is within the notified area or an affidavit to this extent. IX. The item/s for which the offer is being made should be given as per the format given in Annexure – I. All the columns of Annexure – I should be properly filled up and no column should be left blank. X. Before submitting the bid, bidder should make sure that all documents / affidavits carry signatures of authorized signatory / Chartered accountant / Company auditor etc. wherever mentioned specifically. All affidavits to be duly notarized on non-judicial stamp paper of appropriate value. XI. Annexure – J: Information, certificates and undertakings as per the proforma enclosed Annexure – J should be submitted as an affidavit on non-judicial stamp paper Page 10 of 71 of Rs. 300/- or as per State rules whichever is higher signed by the Authorized Signatory & duly notarized with the bid. Furnishing of wrong information, false, forged, fabricated documents shall be construed as violation of Code of Integrity as per bid. Such bids shall be summarily rejected and the firm shall be liable for action under clause 2(X) Note: Please ensure that: 1. All affidavits within the bid or across different bids should have different serial numbers. 2. Care is taken in typing the correct format and language. XII. Merger & Acquisition of firm/s should be in adherence to Corporate Law and duly sanctioned by Hon’ble High Court or National Company Law Tribunal. Such firm/s shall be eligible for participation only in cases where the merged firm/s are completely subsumed or form a new entity and cease to exist completely. This should be submitted with all supporting documents including Board resolutions, Memorandum of Article of the new entity (if applicable), proof of Incorporation in Registrar of Companies inter-alia. However, eligibility criteria of this bid shall always prevail and decision of the ESI Corporation shall be final and binding. The eligibility of participating firm as demerged entity shall be governed as per instructions issued vide OM No. F.8/78/2023-PPD dated 12.10.2023 as amended from Procurement Policy Division, Department of Expenditure, Ministry of Finance, Govt. of India and eligibility criteria of this DG-ESIC GeM bid. XIII. All Certificates issued by Chartered Accountant must mention UDIN Number. XIV. Notwithstanding anything contained in this document, it is hereby clarified that participating firms which are otherwise ineligible but are entitled to participate in the present bid on account of interim orders/stay granted by courts/other authorities shall only be treated as provisionally eligible. Consequently, in the event of the vacation/modification of the interim orders restoring the ineligibility of the participating firm the following consequences shall ensue: - a. Firms which become ineligible prior to the award of the final contract shall be ousted from the bid process with immediate effect from the date of vacation/modification of the stay order. Page 11 of 71 b. In case the firms become ineligible after the award of contract, the contract awarded shall be liable to be cancelled at the sole discretion of the DG-ESIC. Note: It shall be the sole responsibility of participating firm to inform ESIC of any such decisions immediately. XV. Should be ready to supply item(s) as per the specification and quoted Model name & number given in the bid, and not their substitute. Undertakings for the same to be given. XVI. Should have following Annual Turnover (as certified by a Chartered Accountant) in (Annexure – K) during for last three years i.e. 2022-23, 2023-24 and 2024-25: • Average Annual Turnover should be more than Rs. …………………………… (As per GeM Rate Contract Bid Document) XVII. A valid MSME (UDYAM certified) / start-up verified by DIPP XVIII. The medical device shall conform to the standards laid down by the Bureau of Indian Standards established under section 3 of the Bureau of Indian Standards Act, 1985 (63 of 1985) or as may be notified by the Ministry of Health and Family Welfare in the Central Government, from time to time. XIX. Where no relevant standard of any medical device has been laid down by the Bureau of Indian Standards or notified by the Ministry of Health and Family Welfare (MoH&FW) in the Central Government, such device shall conform to the standard laid down by the International Organization for Standardization (ISO) or the International Electro Technical Commission (IEC), or by any other pharmacopoeial standards. XX. In case of the standards which have not been specified by BIS/MoH&FW/ISO/IEC, or by any other pharmacopoeial standards, the device shall conform to the validated manufacturer’s standards. XXI. BIS/ISO/IEC/pharmacopoeial standards/validated manufacturer’s standards certificate for each item quoted as applicable, needs to be submitted. XXII. Should have valid GST Registration Number and PAN Card notarized. XXIII. Start-up Companies registered with DIPP/ MSME (UDYAM Certified) Companies registered also are exempted from EMD and other criteria’s as per Norms and relaxations in GFR rules. Page 12 of 71 XXIV. The original catalogue and BIS/ISO/IEC/pharmacopoeial standards/validated manufacturer’s standards certificate as applicable for the equipment quoted in the bid must be uploaded on GeM Portal along with the bid. XXV. An inspection of the quoted equipment shall be required before award of the contract to ensure the technical specifications and functionality of the equipment as per bid. The successful bidders will be informed at least 07 days in advance regarding the schedule. XXVI. GST return for the last financial year attested by CA. Affidavit in Annexure - L on non- judicial stamp paper Rs.300 or as per State rules, whichever is higher to be submitted for no dues pending for GST. XXVII. Performance certificate as per format prescribed in the bid in Annexure - M. XXVIII. Power of attorney in favour of authorised signatory on affidavit non-judicial stamp paper of Rs 300/- or as per state rules, whichever is higher, for signing the bid document. XXIX. ITR AFFIDAVIT: Affidavit in Annexure - N on non-judicial stamp paper of Rs 300/- or as per state rules, whichever is higher, stating that no income tax is pending till financial year 2024-2025. 5. Purchase preference for MSE and MII: A. Micro & Small Enterprises (MSE): Purchase preference shall be given based on Govt. Circular No. 21(1)/2011-MA dated 25.04.2012 and 21(15)/2012-MA dated 24.05.2012, 09.11.2018 and any other Guideline issued by Government of India. As per GeM. B. Make in India (MII): Purchase preference shall be given to Class-I local supplier(s) based on their declaration in an affidavit on non-judicial stamp paper of Rs. 300/- or as per state rules, whichever is higher (Annexure – O) of the percentage (%) of minimum local content used in the manufacturing of drug(s) quoted as per Public Procurement (Preference to make in India), Order 2017 notification issued by GoI, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion (DIPP) vide order no. P-45021/12/2017-PP (BE-II)-Part (4) vol. II dated 19.07.2024 as per GeM. A Certificate from the Chartered Accountant has also to be submitted in Annexure – P. 6. Escalation Matrix for Service Support: Bidder/OEM must provide Escalation Matrix of Telephone Numbers, as prescribed in Annexure – Q, for Service Support. Escalation matrix to be provided by the bidder for maintenance/repair which will include minimum of 03 level with phone number and email and last will be highest level in escalation matrix. 24 x 7 operational Page 13 of 71 Help line number to be provided by OEM if 24 x 7 helpline not worked, penalty clause to be levied as specified. Bidder to submit the following additional information in Affidavit: (Distributors/Dealers shall not be considered) Participating Firms would submit in the bid as per Annexure – Q the list of the, Details of authorized Service centers, email ID & Telephone number with the name of the person in charge. Valid documentary evidence in the name of the Participating firm i.e. Valid Manufacturing Licenses and GST Certificate only shall be considered as proof of authorized Service centers in Annexure – Q and have to be submitted along with the bid. Aforesaid offices/officials shall also be responsible for Maintenance/Service/Repair-Whether provided by OEM/authorized service provider in the stipulated time at the ESI locations. The bidder will have service centers/service/repair provider to cater all ESIC Hospitals and Medical Colleges (List Annexed) or establish Maintenance/Service/Repair provider by OEM/authorized service provider within one month of winning the bid. Free of cost Software updation of equipment to be done during the warranty as well as CMC period. 7. PERFORMANCE SECURITY A. All Successful bidders including MSE bidder shall deposit the Performance Security for the requisite amount (5% of the total value of each Supply/Purchase Order) in the form of Demand Draft/Banker’s Cheque/FDR/Bank Guarantee at the respective consignee. Demand Draft / Banker’s Cheque should be issued by any Scheduled Commercial Bank only (RBI approved) in favour of ESIC FUND ACCOUNT NO.1, payable at ……….. (respective consignee locations). FDR/Bank Guarantee should be strictly in favour of “The Dean / Medical Superintendent, ESIC Hospital / Medical College & Hospital …………….. of the concerned GeM Buyers. The format for Bank Guarantee for Performance Security is given in Annexure - R B. Director General, ESI Corporation shall be at liberty to apportion any amount due and payable by the bidder to ESIC in respect of Non-supply / Non Performance/ risk purchase by the ESIC / against equipment of “Not of Standard Quality” or any other amount which becomes payable by the bidder in favor of ESIC by virtue of the terms and conditions agreed herein and recover the same from the Performance Security or from any other contract placed with bidder. No appeal shall lie with any authority against the decision taken by him in pursuance of this clause. C. EMD of the successful bidder shall not be adjusted as part of performance security. Page 14 of 71 D. Performance Security must be deposited with the designated buyer within 15 days from the date of placing of Purchase/Supply order and shall remain valid for a period of 60 days beyond the date of compliance of all contractual obligations of the supplier including warranty obligations. E. Performance Security shall be released (after the completion of validity of Bank guarantee) within one month of submission of No dues from the Users and No pending recovery certificate from the Approved firms. 8. QUALITY CONTROL A. While quoting against equipment with ISI Mark, it should be ensured that ISI code number is indicated on quotation and at the time of making the supplies, the firm should ensure that the equipment supplied has ISI Mark as well as Code Number, as is the statutory requirement of the Bureau of Indian Standards. The attested copy of the valid ISI Marking license issued by Bureau of Indian Standards should be enclosed along with the quotation. B. If the equipment supplied against this Rate Contract are not found to be as per specifications and terms & conditions of the Contract on inspection by consignee locations, the firm shall be liable to replace the equipment within 30 days otherwise necessary action shall be initiated against the firm including the debarment of the firm and forfeiture of Performance Security. 9. PURCHASE ORDER I. After the quotations have been accepted by the Director General, ESI Corporation, purchase/supply orders shall be placed by designated Buyers (GeM-registered users who are authorized to place Purchase Orders (POs) against the finalized Rate Contract) through GeM Portal for respective Rate Contract Consignees (designated delivery locations) i.e., ESIC Hospitals and Medical Colleges, as per list attached. II. Purchase orders shall be placed from time to time during the currency of the contract in which the exact quantities required on each occasion together shall be specified by designated Buyers. III. No guarantee can be given as to the minimum quantity which shall be drawn against this Rate Contract but the firm shall supply quantity as ordered by the designated Buyers during the currency of the Rate Contract. IV. All purchase orders placed during the validity of this Rate contract have to be honored by the firm even if date of supply is outside the validity of Rate Contract. 10. DELIVERY PERIOD OF THE PURCHASE ORDER A. Purchase Orders shall be placed by designated Buyers only through GeM Portal. Page 15 of 71 B. Delivery Period shall be of 60 days from the date of issuing of the purchase order through GeM Portal and the firm shall, execute the order within the stipulated time. 11. PENALTY FOR NON-SUPPLY/LATE SUPPLY A. If the firm fails to execute the supply order within the stipulated period of sixty days, penalty of 0.5% of the value of the order calculated at the contract rate per week or a part of a week shall be levied. The maximum penalty for late supply shall not exceed 03% of the total value of the order/orders. A firm can seek extension of the delivery period with the prior consent of the designated buyers, if it is not in a position to execute the order in time. Such extension is permissible for a maximum period of 6 weeks only but penalty shall be levied. That extension of delivery period cannot be claimed as a matter of right but shall be at the discretion of concerned designated buyer. B. If the equipments are not supplied by the scheduled date against any purchase order at any or all locations (as indicated above or by the extended date) full or in part, the order in respect of the quantity not supplied is liable to be cancelled and Performance security will be forfeited for the same equipment submitted by bidder at any consignee locations under this Rate Contract. C. If the firm fails to execute 03 supply orders at any or all location in any part of the country during the period of rate contract, it shall be debarred for the next two years with effect from the last failure and forfeiting of Performance Security for the same equipment submitted by bidder at any consignee locations under this Rate Contract. D. If the supply is received in damaged condition, it shall not be accepted. The firm shall be liable to replace the equipment within 30 days otherwise necessary action shall be initiated against the firm including the debarment of the firm and forfeiture of Performance Security for same equipment submitted by bidder at any consignee under this Rate Contract. 12. QUOTING OF PRICE I. The price must be quoted F.O.R Destination per unit and should be inclusive of Goods and services Tax (GST) and all other charges. Bidders are requested to fill rates of equipment in the price bid through GeM Portal only. II. The purchaser shall not pay separately for transit insurance and the bidder shall be responsible for delivery of equipment covered by the supply order in good condition at the specified destination and for this purpose freight, insurance, octroi etc., if any, shall have to be borne by the bidder. III. The designated buyer shall, as soon as possible, but not later than 30 days of the date of arrival of equipment at RC consignees, notify the firm, of any loss damage to the equipment that may have occurred during the transit. Page 16 of 71 13. NO ADVANCE PAYMENT TO THE SUPPLIER WILL BE ENTERTAINED. 14. Inspection, Installation & Commissioning and payment terms: 1. Firm will facilitate inspection of the consignment within 15 days of delivery. 40%payment will be released within 15 days of inspection. 2. Firm will ensure installation & commissioning and training within 30 days of inspection. 40% payment will be released within 30 days of installation. 3. 20% of the purchase order value will be paid after 3 months from the date of successful operation of the Equipment after commissioning and clearance of commissioning report jointly signed by the Consignee/representative and Supplier/OEM 15. PAYMENT A. The payment shall be made by the designated Buyers (GeM-registered users who are authorized to place Purchase Orders (POs) against the finalized Rate Contract) through GeM Portal for respective Rate Contract Consignees (designated delivery locations) i.e., ESIC Medical/Dental Colleges and Hospitals, as per list attached, as follows: a) 40% of the purchase order value will be released after delivery of equipment and accessories at site (Complete in all respects) & inspection certificate jointly signed by the Consignee/representative and Supplier/OEM. Till installation, equipment and accessories will be under custody of the supplier at designated RC Consignees. In no case shall the inspection report and payment be delayed beyond 15 days from date of inspection at site. b) 40% of the purchase order value will be paid after the successful completion of the installation and takeover of the Equipment including all Accessories on presentation of report jointly signed by Consignee/representative and Supplier/OEM. In no case shall the payment be delayed beyond 30 days after the Installation and Commissioning. c) 20% of the purchase order value will be paid after 3 months from the date of successful operation of the Equipment after commissioning and clearance of commissioning report jointly signed by the Consignee/representative and Supplier/OEM B. Any dues or payments that have arisen to the Corporation from the firm for which no specific time limit has been laid down in the terms and conditions shall be payable by the firm within such time limit as may be prescribed in the letters/orders addressed to the firms. Any payments that have been demanded as per the provisions of above clause or under any other clause shall be payable within the time laid down. On failure to do so: - • The firm shall be liable to be debarred for supplying equipment to the Corporation for a period not exceeding two years. Page 17 of 71 • The Corporation reserves its right to take appropriate legal action against the defaulting firms as may be legally advised, including claim for compensation and damages for the period of delay and / or simple interest 10% per annum for each day of default. 16. Warranty & CMC A. The complete system must be offered with 5 years of comprehensive onsite warranty followed by 5 years of CMC. B. For details on warranty coverage, the GeM terms and conditions must be referred. C. CMC shall include preventive maintenance including calibration as per technical/ service / operational manual of the manufacturer, service charges and spares, after satisfactory completion of Warranty. During the CMC period commencing from date of the successful completion of warranty period, Service personnel shall visit each consignee site as recommended in the manufacturer’s technical/ service /operational manual, at least once in three months or as per recommendations of the firm whichever is higher. CMC shall not be including the consumables. Further there will be 98% 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. D. Cost of CMC will not be added for Ranking/Evaluation purpose. E. The rates of CMC Charges after warranty are fixed year-wise as given in the table below: Sl. No. Year CMC Charges as percentage of basic cost of equipment (without taxes*) 1 6th Year 3% 2 7th Year 4% 3 8th Year 5% 4 9th Year 6% 5 10th Year 7% *However, concurrent applicable taxes will be added at the time of payment of CMC Charges. F. The payment of CMC will be made on quarterly basis after satisfactory completion of said period, duly certified by end user. G. Counter offer/rate matching mechanism/Reverse Auction shall be as per GeM provision. Page 18 of 71 H. The CMC Contract shall be handled by the designated buyer. The payment of CMC will be made on quarterly basis after satisfactory completion of said period, duly certified by end user and scope of CMC will be as per agreement signed. I. The above terms and conditions shall be part of the bid as well as part of the contract and shall be mandatorily applicable. J. Performance bank guarantee applicable for CMC is to be submitted at start of the CMC by the bidder at the respective consignee locations and shall be applicable at the rate of 05% on total CMC Charges. 17. Cost of Reagents, Consumables etc. A. The bidders must provide the list of reagents, controls, consumables, calibrators, etc. which are to be utilized/consumed in the equipment and quote rates thereof. B. All quoted prices for reagents, consumables, controls, calibrators, etc. would remain fixed for 10 years and the bidder shall be liable to supply these items on quoted rates. 18. ARBITRATION In the event of any dispute or difference between the parties hereto, arising under these conditions or any special conditions or contract or in connection with this contract, except as to any matters the decision on which is specially provided for by these or special conditions the same shall be resolved amicably by mutual consultation. If such resolution is not possible, within a period of 60 days from the date when the dispute/difference was first raise, the unresolved dispute or difference shall be referred for arbitration by a Sole Arbitrator to the Delhi International Arbitration Centre, Delhi High Court. The provisions of the Arbitration and Conciliation Act 1996, as amended from time to time shall be applicable in such matters. The seat of arbitration shall be New Delhi. 19. JURISDICTION The courts in Delhi alone, and no other court anywhere in India, shall have the exclusive jurisdiction in respect of any civil or criminal suit arising out of this bid, including those related to arbitration. 20. RATE REVISION Successful bidders shall not be entitled to any upward rate revision for any reason. 21. Fall Clause: The Rate Contract holder shall furnish the following certificate to the concerned Paying Authority along with each bill for payment of supplies made: “ I/We certify that there has been no reduction in the sale price of the goods of description identical to the goods supplied under this contract and such goods have not been offered/sold by me/ us to any person /organisation including the purchaser or any department of Central Government or any as the case may be up to the date of bill/ the date of completion of supplies against all Page 19 of 71 supply orders placed during the currency of the Rate contract at a price lower than the price charged under the contract 22. INSPECTION: The Director General, ESI Corporation, reserve the right for Inspection of the firms participating in the bids, by the officers appointed. They can carry out inspection for assessing the quality /capacity/capability/eligibility of the firm to make supplies on the basis of ESI Rate Contract and to ensure that the provisions of the good manufacturing practices are being followed by firm. The decision of Director General shall be final in this regard. 23. GENERAL INSTRUCTIONS A. Signing of the bid: The bid is liable to be rejected if complete information is not given therein or if the particulars and date (if any) asked for in the schedule to the bid are not filled in. Individual signing the bid or other documents connected with the contract must specify whether he signs as: - a. A sole proprietor of the firm or constituted attorney of such sole proprietor. b. A partner of the firm, if it be a partnership firm in which case he must have authority to refer to arbitration disputes concerning the business of the partnership/agreement or a power of attorney. c. Authorized Signatory if it is a company; please enclose the resolution of board of Directors. B. Any concealment, misrepresentation on the part of the firm shall warrant strict action which may extend to cancellation of the bid or subsequent award. Such cancellation shall be at the sole risk of the firm / individual signing the bid or submitting any other document. C. In case of 20(A) (b) a copy of partnership agreement attested by a Notary Public should be furnished, or an affidavit on stamped paper by all the partners admitting execution of the partnership of the general power of attorney should be furnished. D. In the case of partnership firms, where no authority to refer disputes concerning the business of the partnership has been conferred on any partner, the bid and all other related documents must be signed by each partner of the firm. E. NEAR-RELATIONSHIP CERTIFICATE: The bidder should give a certificate in Annexure – W, that none of his/her near relative, as defined below is working in the all ESIC Offices (Regional / Sub-Regional / Dispensaries / Branch Offices / Dispensary-Cum-Branch Offices / Hospitals / Medical & Dental Colleges /PGIMSRs etc.) across the Country In case of bidder being proprietorship firm, this certificate will be given by the proprietor. For partnership firm, the certificate will be given by all the partners. Page 20 of 71 In case of bidder being Company/Limited company, the certificate will be given by all the Directors of the company, but excluding following: a) Government of India/ Financial institution nominees and independent non-Official part time Directors, appointed by Govt. of India or the Governor of the state and b) Full time Directors of PSUs, both Central and State Due to any breach of these conditions or incorrect declarations by the bidder [Company or firm or any other person], the bid/tender submitted will be cancelled and Bid Security will be forfeited at any stage, whenever it is noticed and ESIC will not pay any damage to the company or firm or the concerned person. The near relatives for this purpose are defined as: - a) Members of a Hindu undivided family/others. b) They are husband and wife. c) The one is related to the other in the manner as father, mother, son(s) & Son's wife (daughter in law), Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife, sister(s) and sister's husband (brother in law). F. A person signing the bid form or any documents forming part of the contract on behalf of another shall be deemed to warrant that he has authority to sign the same and, if on enquiry it appears that the person so signing had no authority to do so, the purchaser may without prejudice to other civil and criminal remedy cancel the contract and hold the signatory liable for all costs and damages. G. The bid can also be rejected if: - a. A firm submits conditional bid. b. More than one type of rates is quoted for one product. c. Submission of unsealed envelope containing EMD. d. If it is not legible and cuttings/over writings are not attested by the authorized signatory along with seal. e. The rates quoted are not found both in figures and words. f. The rates are quoted for equipment different from that asked in this bid. g. Affidavits of same serial number are used within the bid or across different Bid enquiries. h. Non submission of any other document mandated in the bid. H. All pages of photocopy of various papers/certificates attached should be self-attested by Authorized Signatory with stamp. It is mandatory that all pages of affidavits including stamp paper are signed and stamped by authorized signatory and duly notarized by notary bearing signature and stamp. I. It is mandatory for all bidders to submit the bid online through GeM Portal. The terms & conditions of the present bid for Rate Contract are binding upon the firms / Bidders. The submissions of the online bid shall construe a concluded agreement for the purpose of invocation and enforcement of the terms & conditions of the online bid. Page 21 of 71 24. After finalization of RC: If bidder does not accept the contract/offer letter or gives conditional acceptance, bidder will be liable to be blacklisted and EMD deposited will be forfeited. 25. Force Majeure: If at any time during the applicability of Contract the bidder fails to discharge its Obligation due to force majeure (natural disaster or act of God etc.) he shall promptly notify the Director General or its representative about the happening of such an event. The Director General or its representative is solely entitled to terminate/ determine the order/contract in respect of such performance of the bidder(s) obligations if he so desires. The obligations under the contract on behalf of bidder for the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. 26. Integrity Pact Annexure – E on Rs 300/- non-judicial stamp paper) Bidders are required to sign the Integrity Pact as annexed with the bid document as Second Party and upload Alon with the bid. Integrity Pact IN ORIGINAL shall be submitted after finalization of Rate Contract. ESIC shall sign the Integrity Pact as Principal and First Party after finalization of Rate Contract. All the bidders are bound to comply with the Integrity Pact clauses. Bids submitted without signing the Integrity Pact shall be void ab initio and shall be treated as rejected without assigning any reason. The Bidder has to sign as second party in designated space in addition to attestation of documents. Competent Authority, ESIC has appointed the following Independent External Monitor (IEMs) in ESIC vide OM No. D-13011/1/2022-Gen.(P-2) dated: 26.07.2024: - Sl. No. Name Email 1 Sh. Vidya Bhushan Kumar, IFoS (Retd.) vbkifs@gmail.com,vbk33@yahoo.com 9779156123, 7899294433 2 Dr. Sarat Kumar Acharya, Ex-CMD, NLC sarat777@rediffmail.com 9442118060, 8754498285 27. The provision of Public Procurement Policies (policies relating to Make in India, MSME inter alia) shall be applicable in the biding process. 28. Bank Mandate form of the firm for E.C.S purpose as per Annexure-T. 29. The bidder should mandatorily inform if there is any change in Bank details/ Authorised Signatory of the firm during the currency of the bid. 30. Right to Intellectual Property and confidentiality: - Page 22 of 71 This Bid document and associated correspondence are subject to data protection and copyright laws and shall always remain the property of the Procuring Entity and must not be shared with third parties or reproduced, whether in whole or part, without the procuring entity’s prior written consent. This condition shall also apply to bidders who do not submit a bid after downloading it or who are not awarded a contract in the process. The provision of this clause shall survive completion or termination for whatever reason of the bid process or the contract. Page 23 of 71 (Annexure – A) SPECIFICATIONS FOR ANAESTHESIA WORK STATION 1. Electronic Anaesthesia Workstation with integrated ventilator and monitor IEC/ISO and BIS or equivalent compliant. 2. Anesthesia machine should have inbuilt Ventilator, Vaporizer, Gas delivery system and Multipara Monitor. 3. Should be trolley mounted. 4. Material of the Anesthesia Work Station should be Epoxy powder painted steel/rust-proof ABS plastic with metal reinforcements. 5. Mode of integrated scavenging system should be active and passive. 6. Minimum battery backup time for Anesthesia Work Station, ventilator and Monitor should be one hour. 7. Should have facility of manual ventilation in case of electricity & battery failure. 8. Should have facility of gas & agent delivery in case of electricity and battery failure. 9. All components of the Anesthesia Machine including integrated Ventilator, monitor and vaporizer from the same manufacturer. 10. Patient monitor make must be from the same company. 11. Workstation should have minimum of two drawers to keep accessories, good mobility, anti-static caster wheels with locking facility & conveniently placed handles for easy movement of the machine. 12. Should have fully electronic controlled anaesthesia ventilator. 13. Anesthesia Work Station should have Electronic mode of gas mixing. 14. Anesthesia Work Station should have electronic type of hypoxic Guard. Page 24 of 71 15. Anesthesia Work Station should have Air:: N2O interlock 16. Digital And/Or Analogue display of pressure value for cylinder and pipeline pressure. (oxygen, nitrous oxide, air) 17. Availability of audible and visual oxygen failure alarms, low pressure alarms for (oxygen,nitrous oxide, air) pipeline and cylinder. 18. Machine should be compatible to vaporizer like Isoflurane, Sevoflurane and Desflurane of same company. 19. Volume capacity of breathing system should be 1.5 liters or more. 20. Ventilator should have modes of ventilation like VC, PC, SIMV and PS. 21. Breathing system should have fresh gas de-coupled / compensation. 22. Single step change from close to open system. 23. Device should have safety feature that while delivery of additional oxygen by using O2 Flush facility, there should be no increment in peak inspiratory pressures to patient. 24. The machine should have facility for display of ongoing uptake And/or consumption for oxygen and anaesthetic agents. 25. Deleted. 26. Independent port for open circuit. 27. Anaesthesia ventilator should be electronically operated and electronically controlled with either bellow/piston/volume reflector technology. Integrated ventilator should not require any change in component for adults or infants. 28. Minimum range of tidal volume should be from 20 ml to 1400 ml, RR from 4-60. 29. Single chamber soda lime canister with a capacity of 0.6 kg or higher and should be autocleavable. Page 25 of 71 30. Screen size of the Ventilator Monitor should be 15” or more. 31. Multipara Monitor should be TFT/ LCD/ LED monitor with screen size of 15” or more. 32. The monitor should have an optical knob as well as touch screen option for the ease of operation. 33. Integrated multi-para monitor should display parameters like HR, SpO2, NIBP, ECG, Temperature, BIS, NMT. MAC/ agent identification, EtCO2 to be displayed in either integrated or ventilator monitor or both 34. Two channel ECG display- ECG 3 lead system and ECG 5 lead system with ST segment and arrhythmia analysis. 35. System to be supplied with Oxygen Analyzer with para magnetic technology. 36. System should display IBP1 and IBP2, temperature, EtCO2 and dual temperature. 37. SpO2 technology should be Nellcor /MASIMO. 38. Warranty of 5 years and CMC for 5 years after expiry of warranty. 39. Digital work station with all software updates should be provided free of cost during Warranty and CMC period. 40. System should be BIS certified. 41. Manufacturer should have good quality certification –ISO 9001/ISO 13485. 42. Conformity to medical electrical safety standards IEC60601-2-13 and BS EN 6060-1-1 or latest 43. Integrated Electronic charting facility of patient vital parameters. Accessories to be supplied with the system/Unit: • Reusable patient circuit (Adult & Paed.) 02 each • Reusable masks (Adult & paed.)= One of each size 0,1,2,3,4 &5 • Circuit holder – 02 Page 26 of 71 • Hoses and compatible connectors with central pipeline system. • SpO2 sensor (Neonate, Paed. & Adult) = 02 each • Disposable IBP transducer= Minimum 20 • Reusable IBP interface cable= Minimum 02 • ETCo2 sample lines= Minimum 50 • Skin & Nasopharyngeal Temperature probe= Minimum 02each • Reusable NIBP Cuff (Neonate & Paed.) = 02 each • Reusable NIBP Cuff ( Adult-Large & Extra Large)= 02 each § No. of Vaporizer (Sevoflurane& Isoflurane)= One each with each machine • ECG cable -1 Nos., 5 Lead ECG - 2 Nos. • Water trap 10 No. § Disposable breathing circuit 10 No. for adult and 10 nos. for Pediatric • BIS sensor-10, BIS cable-02 • Integrated NMT • Sevoflurane and Isoflurane vapourizer (Desflurane - optional) • Bidder should supply all necessary hardware, software, cables, etc required for successful • installation and commissioning of the entire system. • Bidder has to provide onsite demonstration of the whole system along with all • components, if desired by the Technical Specification committee. • Onsite demonstration of the quoted model should be provided Page 27 of 71 (Annexure – B) BANK GUARANTEE FORM FOR EARNEST MONEY DEPOSIT To DIRECTOR GENERAL, ESIC HEADQUATERS OFFICE, CIG ROAD, NEW DELHI - 110002. WHEREAS _____________________________________________ (Name and address of the Bidder) (Hereinafter called “The Bidder”) has undertaken, in pursuance of ____________________________ Dated ________________ for Supply of ___________________. (Herein After Called “GeM Bid Contract”) AND WHEREAS it is one of the terms of “The GeM bid” that “The Bidder” has to submit a performance Bank Guarantee by a Commercial Bank for EMD. AND WHEREAS it has been stipulated by ESIC in the said GeM Bid that “The Bidder” shall furnish ESIC with a Bank Guarantee by a Commercial Bank for the sum specified therein as EMD for compliance with obligations in accordance with “The GeM Bid”; AND WHEREAS we have agreed to give “The Bidder” such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are guarantors and responsible to ESIC, on behalf of “The Bidder”, up to a total sum of Rs. (Amount of Bank Guarantee in words and figures), and we undertake to pay ESIC, upon ESIC first written demand declaring “The Bidder” to be in default under control and without demur cavil or argument, any sum or sums within the limits of (Amount of Bank Guarantee) as aforesaid, without ESIC needing to prove or to show grounds or reasons for ESIC demand or the sum specified therein. A letter from ESIC office that “The Bidder” has committed default in the due and faithful performance of all or any of its obligations under and in accordance with “GeM Bid Contract” shall be conclusive, final and binding on us. We further agree that ESIC shall be the sole judge as to whether “The Bidder” is in default in due and faithful performance of its obligations under “GeM Bid Contract” and ESIC decision that “The Bidder” is in default shall be final and binding on us, notwithstanding any differences between ESIC and “The Bidder” or any disputes between ESIC and “The Bidder” pending before an arbitrator or any other court or tribunal or authority. In order to give effect to this Bank Guarantee ESIC shall be entitled to act as if we are the principal debtor and any change in our constitution or that of “The Bidder” shall not, in any way, or manner affect our liability or obligation under this Bank Guarantee. ESIC shall have liberty, without affecting in any manner our liability under this Bank Guarantee, to vary at any time, the terms and conditions of “GeM Bid contract” or to extend the time or period for compliance or to postpone for any time the exercise of any of ESIC rights or enforce or forebear from enforcing any of the terms and conditions of “GeM Bid contract” and we shall not be released from our liability or obligation under this Bank Guarantee by any exercise of such liberty by ESIC or other forbearance, indulgence, act or omission on ESIC part. Page 28 of 71 Any notice by way of request, demand or otherwise hereunder may be sent by post/ courier addressed to us at above referred branch, which shall be deemed to have been duly authorized to receive such notice and to effect payment thereof forthwith, and if sent by post/ courier it shall be deemed to have been given at the time when it ought to have been delivered in due course of post and in proving such notice, when given by post/ courier, it shall be sufficient to prove that the envelope containing the notice was posted/ dispatched and a certificate signed by any of ESIC officers that the envelope was so posted shall be conclusive. We hereby waive the necessity of ESIC demanding the said debt from “The Bidder” before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of “GeM Bid Contract” to be performed there under or of any of “GeM bid Contract” documents which may be made between ESIC and “The Bidder” shall in any way release us from any liability under this Bank Guarantee and we hereby waive notice of any such change, addition or modification. We undertake not to revoke this Bank Guarantee in whole or in part whatsoever, during its currency. This Bank Guarantee shall be valid up to (day(s) /month(s)/ year(s)) from the date of opening of e-bid i.e. up to (indicate date). ………………………………………………………………………………………………………. (Signature with date of the Authorized Officer of the Bank) ………………………………………………………………………………… (Name & Designation of Officer) (Seal, Name & Address of the Bank and Address of the Branch along with e-mail address and Employee ID of the Issuing Officer) Page 29 of 71 (Annexure – C) Details of EMD (To be uploaded in Excel as well as PDF uploaded) Name of the Firm: ……………………………………………………………………………… GeM bid No: Earnest Money Deposit Criteria Sl. No. Sl. No in the bid Name of the Equipment EMD (In Rs.) Sum total of EMD submitted in Rs. Signature of Authorized Signatory: Name: Designation: Seal: NOTE: Correct Bid Serial No. & Name of the Equipment to be mentioned. Page 30 of 71 Annexure – D Non-judicial stamp paper of ₹ 300/- or as per State Rules (whichever is higher) and should be duly signed by authorized signatory and notarized Name of the Participating Firm: ……………………………………………………………………… Bid Enquiry No: …… To, Dy. Medical Commissioner (P.C.), Room No. 207 & 321, III Floor, Hqrs. Office, ESI Corporation, Panchdeep Bhawan C.I.G. Road, New Delhi – 110 002 Dear Sir / Madam, We (Name of the Participating Firm: …………………………………) have: 1. We have carefully perused the Terms and Conditions of the GeM Bid No. ____ and accept the same in its entirety and without any deviation. 2. We shall comply with, abide by, and accept without variation, deviation, or reservation all terms and conditions of the Bid Enquiry. 3. I/We hereby agree to all the terms and conditions, stipulated by the ESIC Hqrs Office, in this connection including delivery, warranty / CMC, penalty etc. 4. I/We hereby agree to enter into agreement with the designated Buyer for post-warranty CMC. 5. I/We hereby agree to deposit the Performance Security for the requisite amount against each Purchase / Supply Order. 6. If mentioned elsewhere in our bid, contrary terms and conditions shall not be recognized and shall be considered as null and void. 7. We affirm the information and declaration given in all annexures/affidavits, documents, bid inter-alia is correct and true. For and on behalf of the firm (Firms Name & Address) Date: (Signature of Authorized signatory) WITNESS by Notary Public Signed in my presence: Name: Designation: Stamp/Seal: Page 31 of 71 (Signature of Notary Public) Name (Notary Public): - Complete Address: - Stamp & Date: - Note: Authorised Signatory is not the witness. Page 32 of 71 (Annexure – E) Integrity Pact (To be uploaded on GeM Portal in non-judicial stamp paper of Rs. 300/- or as per state rules, whichever is higher, & notarized) Name of the Firm: GeM Bid No: Integrity Pact between Employees State Insurance Corporation (ESIC) hereinafter referred to as “The Principal”, and (__________________________) hereinafter referred to as "The Bidder/ Contractor" Preamble The Principal intends to award, under laid-down organizational procedures, contract(s) for DG ESIC GeM Rate Contract No. ……... on GeM. The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of resources, and of fairness/ transparency in its relations with its Bidder(s) and/ or Contractor(s). In order to achieve these goals, the Principal shall appoint Independent External Monitors (IEMs) who shall monitor the bid process and the execution of the contract for compliance with the principles mentioned above. Section 1 - Commitments of THE PRINCIPAL (1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles: a) No employee of the Principal, personally or through family members, shall in connection with the bid for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to. b) The Principal shall, during the bid process treat all Bidder(s) with equity and reason. The Principal shall in particular, before and during the bid process, provide to all Bidder(s) the same information and shall not provide to any Bidder(s) confidential/ additional information through which the Bidder(s) could obtain an advantage in relation to the bid process or the contract execution. c) The Principal shall exclude from the process all known prejudiced persons. Page 33 of 71 (2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal shall inform the Chief Vigilance Officer and in addition can initiate disciplinary actions. Section 2 - Commitments of the Bidder(s) / Contractor(s) (1) The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to prevent corruption. The Bidder(s)/Contractor(s) commit themselves to observe the following principles during participation in the bid process and during the contract execution. a) The Bidder(s)/ Contractor(s) shall not, directly or through any other person or firm, offer, promise or give to any of Principal’s employees involved in the bid process or the execution of a contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the bid process or during the execution of the contract. b) The Bidder(s)/ Contractor(s) shall not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process. c) The Bidder(s)/ Contractor(s) shall not commit any offence under the relevant IPC/PC Act; further the Bidder(s)/ Contractor(s) shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d) The Bidder(s)/ Contractor(s) of foreign origin shall disclose the name and address of the Agents/representatives in India, if any. Similarly, the Bidder(s)/ Contractor(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. Further, all the payments made to the Indian agent/ representative have to be in Indian rupee only. e) The Bidder(s)/ Contractor(s) shall, when presenting their bid, disclose any and all payments made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. f) Bidder(s)/ Contractor(s) who have signed the Integrity Pact shall not approach the Courts while representing the matter to IEMs and shall wait for their decision in the matter. Page 34 of 71 (2) The Bidder(s)/ Contractor(s)shall not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3- Disqualification from bid process and exclusion from future contracts If the Bidder(s)/ Contractor(s), before award or during execution has committed a transgression through a violation of Section 2 of the Integrity Pact, or in any other form such as to put their reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/ Contractor(s) from the bid process or take action as per the terms & conditions of the related Bid Enquiry. Section 4 – Compensation for Damages. (1) If the Principal has disqualified the Bidder(s) from the bid process prior to the award according to Section 3 of the Integrity Pact, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/ Bid Security as per the terms & conditions of the related Bid Enquiry. (2) If the Principal has terminated the contract according to Section 3 of the Integrity Pact, or if the Principal is entitled to terminate the contract according to Section 3, of the Integrity Pact, the Principal shall be entitled to demand and recover the damages from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance e-Bank Guarantee as per the terms & conditions of the Bid Enquiry. Section 5- Previous Transgression (1) The Bidder declares that no previous transgressions occurred in the last three years with any other Company in any Country conforming to the anti-corruption approach or with ESI Corporation/any Government institution / Public Sector Enterprise/ Autonomous institution in India that could justify his exclusion from the bid process. (2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the bid process or action can be taken as per the terms & conditions of the related Bid Enquiry. Section 6 - Equal treatment to all Bidder(s) / Contractor(s)/ Subcontractor(s) (1) In case of Sub-contracting, the Principal Contractor shall take the responsibility of the adoption of Integrity Pact by the Sub-contractor. (2) The Principal shall enter into agreements with identical conditions as this one with all Bidders and Contractors. (3) The Principal shall disqualify from the bid process all bidders who do not sign this Pact or violate its provisions. Page 35 of 71 Section 7– Criminal charges against violating Bidder(s) / Contractor(s)/ Subcontractor(s) If the Principal obtains knowledge of conduct of a Bidder/ Contractor / Subcontractor, or of an employee or a representative or an associate of a Bidder/ Contractor / Subcontractor, which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal shall inform the same to Chief Vigilance Officer. Section 8 - Independent External Monitor (1) The Principal reserve the right to appoint competent and credible Independent External Monitor for this Pact after approval by Central Vigilance Commission or any other authority authorized as per prevalent Government of India instructions. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his/her functions neutrally and independently. The Monitor would have access to all Contract documents, whenever required. It shall be obligatory for him/ her to treat the information and documents of the Bidders/ Contractors as confidential. He/ she reports to the Director General, Employees State Insurance Corporation (ESIC). (3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all bid related documentation of the Principal including that provided by the Contractor. The Contractor shall also grant the Monitor, upon his/her request and demonstration of a valid interest, unrestricted and unconditional access to their bid related documentation. The same is applicable to Subcontractors. (4) The Monitor is under Contractual obligation to treat the information and documents of the Bidder(s)/ Contractor(s)/ Sub-contractor(s) with confidentiality. The Monitor has also signed declarations on “Non- Disclosure of Confidential Information” and of “Absence of Conflict of Interest”. In case of any conflict of interest arising at a later date, the IEM shall inform Director General, Employees State Insurance Corporation (ESIC) and recuse himself/ herself from that case. (5) The Principal shall provide to the Monitor sufficient information about all meetings among the parties related to the bid proceedings provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor to option to participate in such meetings. (6) As soon as the Monitor notices, or is of the prima facie opinion, a violation of this agreement, he/she shall so inform the Director General, Employees State Insurance Corporation (ESIC) and request Director General, Employees State Insurance Corporation (ESIC) to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond Page 36 of 71 this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. (7) The Monitor shall submit a written report to the Director General, Employees State Insurance Corporation (ESIC) within 4 to 6 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations. (8) If the Monitor has reported to the Director General, Employees State Insurance Corporation (ESIC), a substantiated suspicion of an offence under relevant IPC/PC Act, and the Director General, Employees State Insurance Corporation (ESIC) has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner. (9) The word “Monitor‟ would include both singular and plural. Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidder's six months after the contract has been awarded. Any Violation of the same would entail disqualification of the bidders and exclusion from future business dealings. In any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/ determined by Director General, Employees State Insurance Corporation (ESIC). Section 10 - Other Provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is where the Headquarters Office of the Principal is situated, i.e. New Delhi at present. However, the Principal also reserves the right to decide any other place where any other sub office of the Principal is situated. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. (3) All the pages of the agreement are to be signed by the Bidder. If the Bidder/ Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members. The bidder shall not change the contents/ format of the Integrity Pact as prescribed by the Principal in the Bid Enquiry. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties shall strive to come to an agreement to their original intentions. (5) Issues like Warranty/ Guarantee etc. shall be outside the purview of IEMs. Page 37 of 71 (6) The sanctions for violations of the Integrity Pact and the process to deal with the matter shall be governed as per procedure prescribed by ESIC. (For & On behalf of the Principal (ESIC) as First Party) (For & On behalf of Bidder/Contractor as Second Party) Office Seal Office Seal (The authorized signatory must sign on the above designated place in addition to attesting the document on each page) Place: ________________ Date: ________________ Witness 1: _______________________ (Name & Address): _______________________ _______________________ _______________________ Witness 2: _______________________ (Name & Address): _______________________ _______________________ _______________________ Page 38 of 71 (Annexure - F) DETAILS OF LICENSES (to be uploaded in Excel & pdf) Name of the Participating Firm: ……………………………………………………………………… GeM Bid Number: ……… • For Indigenous Items Details of License/s for equipment (s) quoted S. No Item Name License details No Conviction Patent & Proprietary Certificate (if applicable) Number Valid Up to Page No. License issuing authority Date of Issue Page No. Number Date of Issue • For Imported Items Details of License/s for equipment (s) quoted for Imported Items S. No. Item Name Import License Country of Origin Relevant/applicable certificate for importing equipment No Conviction Patent & Proprietary Certificate (if applicable) Number Valid Up to Page No. License issuing authority Number Valid Up to Page No. Date of Issue Page No. Number Date of Issue Signature of Authorized Signatory: Name: Designation: Seal: Page 39 of 71 (Annexure – G) (FOR IMPORTED ITEMS) (On the letter head of Chartered Accountant) Name of the Participating Firm: ……………………………………………… GeM Bid No: …. IMPORT DETAILS Item No. Item Name Year: 2022-23 Year:2023-24 Year:2024-25 Remarks Model Name & No. Qty imported Details of Invoice No. & Date Model Name & No. Qty imported Details of Invoice No. & Date Model Name & No. Qty imported Details of Invoice No. & Date Signature of Chartered Accountant along with Address & Seal. UDIN NO: Note: Firm shall have to produce documentary evidence in respect of production as and when asked for. Page 40 of 71 (Annexure – H) FOR IMPORTED ITEMS Non-judicial stamp paper of ₹ 300/- or as per State Rules (whichever is higher) and should be duly signed by authorized signatory and notarized Name of the Participating Firm: ……………………………………………………………………… GeM Bid No: ……… This is to certify that M/s. is holding valid import licenses No. dated of the State and they are importing the following products since………………… It is further certified that the following products are also being marketed in the domestic market by the firm since ……………….. The products are as follows: - Sl. No. Item Name Description of the product with Brand Name (if any) Make / Manufacturer Date of issue of manufacturing License for the product Date of Import of the model quoted 1 2 3 For and on behalf of the firm (Firms Name & Address) Date: (Signature of Authorized signatory) WITNESS by Notary Public Signed in my presence: Name: Designation: Stamp/Seal: Page 41 of 71 (Signature of Notary Public) Name (Notary Public):- Complete Address :- Stamp & Date:- Note: Authorised Signatory is not the witness. Page 42 of 71 (Annexure – I) DETAILS OF THE EQUIPMENT QUOTED (TO BE UPLOADED IN THE BID) Name of the Participating Firm: ……………………………………………………………………… GeM Bid No……… DGESIC GeM RC No…………. Sl. No. Name of the Equipment Quoted Manufacturer details (Name, Address, Telephone No. etc.) Model Name and Number 1 2 3 4 Signature of Authorized Signatory: Name: Designation: Seal: Page 43 of 71 (Annexure – J) Affidavit for ANNEXURE “J” (₹ 300/- non-judicial stamp paper and notarized) Proforma to be filled in by the bidder. I/We M/s………………………. hereby declare the following information: J. GENERAL INFORMATION a) Name of the Participating firm: Corporate ID Number (CIN) of the firm GeM Supplier ID of the firm GSTIN Number of the firm Pan Number of the firm b) (Information must be correct): - ➢ Address for correspondence: ➢ Telephone No.: ➢ Working Fax No: (Must be provided) ➢ Mobile No.: ➢ E-mail address for all Correspondences including placing of Supply order: ➢ Helpline number and email ID for repair maintenance, AMC, CMC along with escalation matrix in the format attached. Note: Pls ensure generic or firm-based email ID’s instead of name based for ease of PO receipts. c) Whether the firm is Indian / Multi-national. d) Whether Small / Medium / Large scale company. e) Whether Firm registered as Micro & Small Enterprises under the Ministry of Micro Small and Medium Enterprises. f) Person responsible for conduct of business. g) Particulars of Licenses held under CDSCO/Drugs & Cosmetics Act & the details. (If the license is under renewal, certificate from the CDSCO/appropriate Licensing authority that the license is under renewal and deemed to be enforced should be enclosed.) h) Government institutions to whom equipment quoted supplied during last three years. Page 44 of 71 i) a) Has the firm ever been convicted in India? If yes, give details. b) Any case pending in Court with details. j) Has the firm ever been black listed/debarred by ESI Corporation / Autonomous / Govt institution in the last 03 years? If yes, give details with documentary evidence. k) Has the firm ever been debarred/black listed for equipment (s) quoted in the bid by ESI Corporation / Autonomous / Govt institution in the last 03 years? If yes, give details with documentary evidence. l) Satisfactory Performance Certificate -as per GeM terms and conditions. m) Whether the firm is under any current litigation cases with respect to: a) Equipment quoted/ not quoted b) Labor laws in India. Self-Certification as under: - (Tick whichever is applicable) 1. Restrictions on procurement from bidders from a country or countries, or a class of countries under Rule 144 (xi) of the General Financial Rules 2017: We certify as under: “We have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India; We certify that: □ We are not from such a country OR, □ if from such a country, we have been registered with the Competent Authority and shall not sub-contract any work to a contractor from such countries unless such contractor is registered with the Competent Authority (copy enclosed). We hereby certify that we fulfill all requirements in this regard and are eligible to be considered. OR Certificate by Bidders in the cases for work involving possibility of sub-contracting: "We have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India and on sub-contracting to contractors from such countries; We certify that: □ We are not from such a country OR, □ if from such a country, we have been registered with the Competent Authority and shall not sub-contract any work to a contractor from such countries unless such contractor is registered with the Competent Authority. We hereby certify that we fulfill all requirements in this regard and are eligible to be considered. OR Certificate by Bidders in the cases of specified ToT: Page 45 of 71 "We have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrangement. We certify that:- □ We do not have any ToT arrangement requiring registration with the competent authority, OR □ We have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrangement. We certify that we have valid registration to participate in this Bid Enquiry /procurement (copy enclosed). 2. MSE Status: Having read and understood the Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 (as amended and revised till date), and solemnly declare the following: a) We are - Micro/ Small/ Medium Enterprise/ SSI/ Govt. Deptt. /PSU/ Others………… b) We attach herewith, Udhyam Registration Certificate with the Udhyam Registration Number …... as proof of our being MSE registered on the Udhyam Registration Portal. The certificate is the latest up to the deadline for submission of the bid. c) Whether Proprietor/ Partner belongs to SC/ ST or Women category. (Please specify names and percentage of shares held by SC/ ST Partners): ……………. 3. Make in India Status: Having read and understood the Public Procurement (Preference to Make in India PPP - MII) Order, 2017 (as amended and revised till date) and related notifications from the relevant Nodal Ministry/ Department, and solemnly declare the following: (a) Self-Certification for the category of suppliers: (Provide a certificate from statutory auditors/ cost accountant in case of Bids above Rs 10 Crore for Class-I or Class-II Local Suppliers). Details of local content and location(s) at which value addition is made are as follows: Local Content and %age Location(s) of value addition Therefore, we certify that we qualify for the following category of the supplier (tick the appropriate category): □ Class-I Local Supplier/ □ Class-II Local Supplier/ □ Non-Local Supplier. (b) We also declare that □ There is no country whose bidders have been notified as ineligible on a reciprocal basis under this order for an offered Goods, or Page 46 of 71 □ We do not belong to any Country whose bidders are notified as ineligible on a reciprocal basis under this order for the offered Goods. Note: • Please mention numerical quantification percentage of Local Content. • Pls refrain from abstract certification of the local content with phrases like- More/ less than a certain percentage. 4. Penalties for false or misleading declarations: We hereby confirm that the particulars given above are factually correct and nothing is concealed and undertake to advise any future changes to the above details. We understand that any wrong or misleading self-declaration would violate the Code of Integrity and attract penalties as mentioned in this Bid Document. II. TECHNICAL a) Equipment’s for material handling, manufacturing and quality control of equipment. b) Specialized testing facilities such for quality/functional/safety testing and biological testing; c) Has the firm carried out quality and safety studies of equipment quoted? d) Is the firm original manufacturer of the equipment quoted, if yes, details: e) Equipment quoted declared sub-standard/recalled during the last three years. Give details with reasons and the remedial action taken: III. FINANCIAL a) Annual Turn-over during the last three Financial Years (year wise) (Must be filled) i. 2022-23 :___________ ii. 2023-24 :___________ iii. 2024-25 :___________ b) Name & Address of the Bankers to the firm_____________________________ c) GST No:- __________________ We …………………… (Name of the firm) hereby undertake that we are complying with all statutory provisions of GST act and shall not hold ESIC responsible for non-compliance of GST act. IV. DECLARATION a) We M/s……………………...…. certify that there has been no reduction in the sale price of the goods of description identical to the goods supplied under this contract and such goods have not been offered/sold by me/ us to any person /organization including the purchaser or any department of Central Government or any as the case may be upto the date of bill/ the date of completion of supplies against all supply orders placed during the currency of the Rate contract at a price lower than the price charged under the contract and in case of failure to do so we are liable to be debarred Page 47 of 71 from future ESI Bid Enquiry for a further period of two years along with forfeiting the Performance Security Deposit or in its absence the Earnest Money Deposit. b) We M/s…………………….……. hereby declare that the firm shall comply with all the statutes & legislation regarding manufacturing, import, sale and supply of equipment in India and in particular the following Acts/Enactments viz: ➢ The Drugs and Cosmetics Act, 1940, ➢ CDSCO, BIS, GeM, MDR 2017, Manual of Procurement of Good 2024 and related amendments. c) We M/s……………………... hereby declare that: “The equipment supplied/to be supplied to the ESIC under this contract shall be of best quality and workmanship and shall be strictly in accordance with the specifications and particulars contained/mentioned in the description clauses hereof and the firm/bidder hereby guarantees that the said equipment would continue to conforms to their description/ specification and the provisions of law as stated in the contract and that notwithstanding the fact that the consignee may have inspected and/or approved the said equipment/s. If the same be discovered not to conform to the description and quality aforesaid or have deteriorated, the decision of the ESIC in that behalf shall be final and conclusive. ESIC shall be entitled to reject said equipment thereof as may be discovered not to conform to the said description and quality in the manner as prescribed. Such rejection of the equipment shall be at the seller's risk and all the provisions herein contained relating to rejection of equipment/s thereof, if it is rejected by the consignee. Nothing herein contained shall prejudice any other right of ESIC in that behalf under this contract or otherwise”. That the equipment, which are being quoted, are not banned by stipulated/governing Authority/MoHFW. It is declared that the firm / company/ corporation and any of its director / proprietors/ partners/ Authorized signatories are not convicted/ or a criminal case filed against or pending in any court of India by any department of Govt. under prevention of Corruption Act or for cheating/ defrauding Govt/ embezzlement of Govt fund or any criminal conspiracy in the said matter and undertake that firm is not submitting bid for any equipment/model which is not approved by Indian regulatory body for sale/use in India. I __________________________ proprietor/ partner/ director/ Authorized Signatory of M/s. ____________________________hereby declare that I have read the terms & conditions of the bid Document carefully and perused clause 2(X) and certify that the information given above and documentation attached in the Bid is true and correct to the best of my knowledge and belief and nothing has been forged or fabricated and no facts have been concealed in compliance. Page 48 of 71 I also agree that if we (firm) participate in more than one bid enquiry published at one time and quote false, forged, fabricated documents or submit different mandatory declarations between different bid/s than it shall be construed as violation of Integrity Pact and ESIC reserves the right to summarily reject respective bids of our firm across all bid/s along with forfeiture of all EMD’s and debarment for a period of two years from participation in all ESI Institutions prospectively including legal action as deemed fit. Signature of Authorized Signatory: Name: Designation: Seal: WARNING: Please read the bid document and the Bid submitted carefully before signing the declaration. Attested by Notary Public Page 49 of 71 (Annexure – K) ANNEXURE FOR TURN OVER (To be uploaded on GeM) Name of the Firm: ……………………………………………………………………………… GeM bid No: Turnover Criteria For Financial Years 2022-23, 2023-24 & 2024-25 Total Annual Turnover of the firm for the year 2022-23 Total Annual Turnover of the firm for the year 2023-24 Total Annual Turnover of the firm for the year 2024-25 Average Total Turnover Mention page number of last three-year ITR document uploaded in the bid Signature of Authorized Signatory: Name: Designation: Seal: Signature of Chartered Accountant along with Address & Seal UDIN NO: Page 50 of 71 (Annexure – L) AFFIDAVIT FOR NO DUES PENDING FOR GST Non-judicial stamp paper of Rs 300/- or as per state rules, whichever is higher Name of Firm: GeM Bid No: DG ESIC GeM No: 1. That the firm/company is registered under the Goods and Services Tax Act bearing GSTIN ………… 2. That the firm/company has duly filed all applicable GST Returns for the Financial Year 2024–2025 and that no GST dues, tax liability, interest, or penalty is pending against the firm/company for the Financial Year 2024–2025. Signature of Authorized Signatory: Name: Designation: Seal: Page 51 of 71 (Annexure – M) PERFORMANCE CERTIFICATE This is to certify that the following equipment (Make & Model) has been supplied by ............................................................................................................................ (name of supplier with address) against our purchaser order No 1. 2. 3. 4. 5. Above mentioned equipment has been used in our institution and We certify that the supplied equipment has been used/utilized for a minimum of 1 year satisfactorily and meets it’s intended criteria. Place: Signature of end-user / authorised signatory of the end-user with stamp and seal Date: Name: ____________________________ Designation: _______________________ Address & e-mail: ____ *Satisfactory End user certificate to be uploaded (in pdf) in the bid. Page 52 of 71 (Annexure – N) AFFIDAVIT FOR NO DUES PENDING FOR INCOME TAX Non-judicial stamp paper of Rs 300/- or as per state rules, whichever is higher Name of Firm: GeM Bid No: DG ESIC GeM No: 1. That the firm/company having PAN No. ___________ has filed IT Return for the F.Y. 2024-25 and the acknowledgement of last IT return is attached. 2. That all Income Tax Returns (ITR) as applicable for the Financial Year 2024–2025 have been duly filed and no Income Tax dues are pending against the firm/company for the Financial Year 2024–2025. Signature of Authorized Signatory: Name: Designation: Seal: Page 53 of 71 Annexure - O Notarized Affidavit on Rs. 300/- Non-judicial Stamp Paper. To The Director General, ESIC, Headquarters’ Office, C.I.G Road, New Delhi-110002 I _____________________________________________ (Name of Authorised Signatory) on behalf of M/s. _______________________________________(Name of the participating firm) and Shri ______________________(Name of Chartered Accountant/ Statutory Cost Accountant/Cost Auditor) on behalf of M/s _____________________________________ (Name of the Firm) solemnly certify the local content along with the method of calculation and that the local content has been counter verified by two formulas as per clause 6 of OM no. 31026/4/2018/Policy Dated 01.01.2019 & as per P-45021/102/2019-BE-II-Part(1)(E- 50310) dated 04.03.2021. latest I Shri ______________________(Name of Chartered Accountant / Statutory Cost Accountant / Cost Auditor) on behalf of M/s_____________________________________(Name of the Firm) solemnly certify the local content for equipment manufactured and quoted by the firm M/s_____________________________________(Name of the Firm) during the period April 2024 to March 2025 duly examining the values under the following head in Table I below: Table I 1 2 3 4 5 6 Sl. No. Equipment name Item Description Make/Manufacturer Percentage (%) of Local content Any other relevant input It is also certified that the declaration of the M/s _____________________________ (Name of the participating firm) for Local Content submitted in this DGESIC Rate Contract on GeM No. ________ with respect to above Item/s is/are true & correct and nothing has been concealed or hidden in order to win the bid. We are also enclosing the notarized copy of local content certificate submitted in the bid. Page 54 of 71 Contd..2/- :2: If this declaration is found to be false, forged or fabricated or conceals fact with an intent to win the bid then M/s. _______________________________________ (Name of the participating firm) shall be construed to be violating the Integrity Pact as per bid document and bid of M/s ___________________ (Name of the participating firm) shall be summarily rejected in addition to punitive action under the MII orders and as per clause 2(X) of Bid Enquiry. For and on behalf of the firm (Firm’s Name & Address) Signature of Chartered Accountant/ Statutory Cost Accountant/Cost Auditor Name: M. No. Seal: For and on behalf of the firm (Firm’s Name & Address) Signature of Authorized Signatory of firm. Name: Seal: Place _________________________ Date _________________________ Witness 1. ____________________ (Name & Address) _______________ Witness 2. ____________________ (Name & Address) _______________ Signed in my presence: Name: (Signature of Notary Public) Name (Notary Public): - Complete Address: - Stamp & Date: - Note: • Authorized Signatory, Chartered Accountant Statutory Cost Accountant/Cost Auditor and Notary Public are not the witness. • ESIC reserves the right of verification of Item wise Local Content and for such verification original/ notarised copies of all documents including tax invoices as per Table I on pre-page shall be submitted by the bidder to ESIC. • Annexure –Local Content is not applicable for the participating firm categorized as Non-Local Supplier Page 55 of 71 (Annexure – P) Format of Local Content Certificate (This to be submitted by all bidders including non-local suppliers) I Shri ______________________(Name of Sstatutory Auditor/Cost Auditor/ Practicing Cost Accountant/Practicing Chartered Accountant) on behalf of M/s________________________ (Name of the Firm) solemnly certify the local content for equipment manufactured by the firm M/s_____________________________________(Name of the Firm) during the period April 2024 to March 2025 duly examined and declares the local content for the quoted item(s) as under: S. No. Item Name Make Manufacturer Model Number GeM Bid No. Details of Location(s) at which value addition is made Percentage (%) of Local content Category: (Class-I / Class-II / Non-local Supplier) NOTE: ➢ (Item wise certificate from the statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of local content as per DPIIT order No. P-45021/2/2017-PP (BE-II)-Part(4) Vol.II dated 19.07.2024. ➢ The calculations of local content used in manufacturing of quoted equipment are done in accordance with OM No. 31026/4/2018/Policy & P-45021/102/2019-BE-II- Part(1)(E-50310) dated 01.01.2019 & 04.03.2021 respectively and any amendment issued thereof. Signature of Sstatutory Auditor / Cost Auditor / Practicing Cost Accountant / Practicing Chartered Accountant (as applicable) Name: Registration No: UDIN No. Seal: Page 56 of 71 (Annexure – Q) Affidavit Annexure-Q Undertaking for Maintenance Support & Availability of Authorized Service Centers Non-judicial stamp paper of ₹ 300/- or as per State Rules (whichever is higher) and should be duly signed by authorized signatory and notarized 1. GeM Bid No: 2. Name of Bidder: 3. OEM Name: 4. Maintenance, repair & Service Support (Provided by OEM or through authorized Service provider): Specify 5. 24x7 helpline number: I/We, M/s ____________________________, hereby undertake that we shall provide comprehensive maintenance and repair services for the quoted equipment in above mentioned bid and shall provide services from OEM Authorized Service Centres across India at all ESIC Consignee locations as specified in the bid document. I/We confirm that we have service centres/service/repair provider to ensure 24x7 support to all ESIC institutions across the Country or will establish Maintenance/Service/Repair provider by OEM/authorized service provider within one month of award of contract through which adequate 24x7 support will be provided on site (all consignee locations) for quoted and supplied equipment throughout the contract period (Warranty as well as CMC). I/We hereby attach list of authorized service centers across India with contact details (Email as well as contact number) I/We further declare the availability of hierarchical Escalation Matrix for complaint registration/issue resolution of repair/maintenance/service support as mentioned below S. No. Escalation Level Authorized Service Provider/OEM Complaint registration email IDs Contact Number 1 Level 1 Area Service Manager/equivalent 2 Level 2 Regional Service Head / Technical Head/Equivalent 3 Level 3 National Service Head / General Manager Service/ Equivalent 4 Level 4 Director/CEO/Highest Authority I/We undertake and accept that applicable penalty to be levied as specified in case of non- attending of complaints, non-working of 24 x 7 helpline. Page 57 of 71 I/We further confirm that all contact details provided above shall remain valid during the contract period and any change in personnel shall be informed in writing to the Consignee location within 02 days. For and on behalf of the firm (Firms Name & Address) Date: (Signature of Authorized signatory) WITNESS by Notary Public Signed in my presence: Name: Designation: Stamp/Seal: (Signature of Notary Public) Name (Notary Public):- Complete Address :- Stamp & Date:- Note: Authorised Signatory is not the witness. Page 58 of 71 (Annexure – R) BANK GUARANTEE FORM FOR PERFORMANCE SECURITY (To be submitted at Consignee Locations) To Head of institute (Dean/MS) ESIC… WHEREAS____________________________________________ (Name and address of the Bidder) (Hereinafter called “The Bidder”) has undertaken, in pursuance of ________________________________________________ Dated __________________ for Supply of ____________________. (Herein After Called “The GeM bid Contract”). AND WHEREAS it is one of the terms of “The GeM bid Contract” that “The Bidder” has to submit a performance Bank Guarantee by a Commercial Bank for Performance Security. AND WHEREAS it has been stipulated by ESIC in the said bid that “The Bidder” shall furnish ESIC with a Bank Guarantee by a Commercial Bank for the sum specified therein as Performance Security for compliance with obligations in accordance with “The GeM bid Contract”; AND WHEREAS we have agreed to give “The Bidder” such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are guarantors and responsible to ESIC, on behalf of “The Bidder”, up to a total sum of Rs. _____________________ (Amount of Bank Guarantee in words and figures), and we undertake to pay ESIC, upon ESIC first written demand declaring “The Bidder” to be in default under control and without demur cavil or argument, any sum or sums within the limits of (Amount of Bank Guarantee) as aforesaid, without ESIC needing to prove or to show grounds or reasons for ESIC demand or the sum specified therein. A letter from ESIC office that “The Bidder” has committed default in the due and faithful performance of all or any of its obligations under and in accordance with “The GeM bid Contract” shall be conclusive, final and binding on us. We further agree that ESIC shall be the sole judge as to whether “The Bidder” is in default in due and faithful performance of its obligations under “The GeM bid Contract” and ESIC decision that “The Bidder” is in default shall be final and binding on us, notwithstanding any differences between ESIC and “The Bidder” or any disputes between ESIC and “The Bidder” pending before an arbitrator or any other court or tribunal or authority. In order to give effect to this Bank Guarantee ESIC shall be entitled to act as if we are the principal debtor and any change in our constitution or that of “The Bidder” shall not, in any way, or manner affect our liability or obligation under this Bank Guarantee. ESIC shall have liberty, without affecting in any manner our liability under this Bank Guarantee, to vary at any time, the terms and conditions of “The GeM bid Contract” or to extend the time or period for compliance or to postpone for any time the exercise of any of ESIC rights or enforce or forebear from enforcing any of the terms and conditions of “The GeM bid Contract” and we Page 59 of 71 shall not be released from our liability or obligation under this Bank Guarantee by any exercise of such liberty by ESIC or other forbearance, indulgence, act or omission on ESIC part. Any notice by way of request, demand or otherwise hereunder may be sent by post/ courier addressed to us at above referred branch, which shall be deemed to have been duly authorized to receive such notice and to effect payment thereof forthwith, and if sent by post/ courier it shall be deemed to have been given at the time when it ought to have been delivered in due course of post and in proving such notice, when given by post/ courier, it shall be sufficient to prove that the envelope containing the notice was posted/ dispatched and a certificate signed by any of ESIC officers that the envelope was so posted shall be conclusive. We hereby waive the necessity of ESIC demanding the said debt from “The Bidder” before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of “The GeM bid Contract” to be performed there under or of any of “The GeM bid Contract” documents which may be made between ESIC and “The Bidder” shall in any way release us from any liability under this Bank Guarantee and we hereby waive notice of any such change, addition or modification. *Performance Security shall be valid till 3 months post fulfilment of all contractual obligations (including warranty & CMC period) We undertake not to revoke this Bank Guarantee in whole or in part whatsoever, during its currency. This Bank Guarantee shall be valid up to ______ (day(s) /month(s)/ year(s)) from the date of Award of Contract i.e. up to ___________ (indicate date). ………………………………………………………………………………………………………. (Signature with date of the Authorized Officer of the Bank) ………………………………………………………………………………… (Name & Designation of Officer) (Seal, Employee ID, Name & Address of the Bank and Address of the Branch along with e- mail address of the Issuing Officer) Page 60 of 71 (Annexure – S) PRICE BID (To be filled online ONLY through GeM Portal) Page 61 of 71 (Annexure – T) Name of the Firm: GeM Bid No: Mandate form Beneficiary’s customer’s option to receive payment through e-payment 1. Beneficiary name 2. Beneficiary address 3. Beneficiary account no. 4. Account type (S.B. Account/current account for cash credit) with code 10/11/13 5. 9-digit code number of the Bank & branch appearing on the MICR cheque issued by 6. Bank name 7. Bank name, Address, Telephone no. 8. IFSC (Indian financial service code) 9. Photocopy of cancelled cheque to confirm correctness of IFSC code and account no. Given in C & H I, hereby, declare that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reason of incomplete or incorrect information given by me as above, I would not hold the user institution responsible. Dated __________________________ (_______________________________) Signature of the beneficiary/customer Certified that the particulates furnished above are correct as per our records. Bank’s stamp Date _____________________________ (________________________________) Signature of the authorized/ official Page 62 of 71 (Annexure – U) DECLARATION (TO BE GIVEN BY THE BIDDER) Name of the Item: Anaesthesia Work Station Name of the firm: …………………………………………… To Director General, ESIC Hqrs office, CIG Road, New Delhi - 110002. Dear Sir, 1. I/We hereby submit my/our bid for the ………………………………………………………… 2. I/We have made requisite payment against EMD as per the bid document vide reference No. & date …………………………………………………………, else my bid may be rejected. 3. I/We have gone through all terms and conditions of the bid documents before submitting the same. 4. I/We hereby agree to all the terms and conditions, stipulated by the ESIC Hqrs Office, in this connection including delivery, warranty / CMC, penalty etc. 5. I/We undertake to sign the contract/agreement, if required, within reasonable time from the date of issue of the letter of acceptance, failing which our/my EMD deposited may be forfeited and our/my name may be debarred/blacklisted from the list of suppliers at the ESIC. NOTE: ALL TERMS & CONDITIONS SUCH AS TAXES/LEVIES ETC, HAS BEEN INDICATED IN THE QUOTATIONS FAILING WHICH IT WILL BE PRESUMED THAT THE RATES ARE INCLUSIVE OF ALL TAXES/LEVIES AND OTHER TERMS AND CONDITIONS ARE ALSO AS PER YOUR REQUIREMENTS. Yours faithfully, Signature of Bidder & seal Page 63 of 71 (Annexure – V) EXPERIENCE CERTIFICATE Performa of Experience Certificate to be submitted by the bidder: S. No. Contract No / Supply order No (Executed) Institution / Consignee details Equipment Name and Make Model Number Quantity supplied Year Whether working satisfactory (Yes/NO) Remarks Signature of authorised signatory with stamp and seal Date: Name: ____________________________ Designation: _______________________ Address & e-mail: ____ *Experience certificate to be uploaded (in pdf) in the bid and also mentioned page number. Page 64 of 71 Annexure - W NEAR-RELATIONSHIP CERTIFICATE (Format of the Certificate to be given by the bidder in respect of status of employment of his/her near relation in ESIC) * I…………s/o……………r/o………… hereby certify that none of my relative(s) as defined in the bid/tender document is/are employed in any ESIC Unit as defined in the clause in the bid/Tender Enquiry, on Near relationship. OR * Following are the details of near relatives working with the ESIC: S. No. Name of the Relative Designation Name of the Unit (Office/Hospital/Medical College/Dental College & section/branch etc.) where working * Strike off whichever is not applicable. In case at any stage, it is found that the information given by me is false/ incorrect, ESIC shall have the absolute right to take any action as deemed fit/without any prior intimation to me. Signature of the Proprietor/ Partners/ Directors of the tenderer entity With date and seal Page 65 of 71 Forwarding cum Checklist of documents submitted by the firm in Bid S. No. Checklist of documents submitted Page No. in the Bid I Earnest Money Deposit as calculated in the form of Account Payee Demand Draft / Banker’s Cheque / FDR / Bank Guarantee acknowledgement from Scheduled Commercial Bank only (RBI approved). Note: MSE firms are exempted from submitting EMD subject to submission of valid MSE Certificate from appropriate authority and should be registered on GeM portal II List of items with Manufacturing and marketing details of the equipment (s) quoted as per the prescribed format in Annexure – I in pdf. III Non-Local Suppliers shall annex the OM highlighting the exempted equipment/s for which the bidder is participating. IV Detail of licenses for the equipment (s) quoted in the prescribed format as per GeM bid in Annexure – F V Copy of valid Manufacturing License of the quoted equipment issued by the Competent Authority Concerned VI Copy of Valid import license (if applicable) issued by the Competent Authority Concerned VII For imported Items: Applicable Certificate for equipment VIII Copy of Non-Conviction Certificate as per Terms and conditions of the GeM Bid IX For Indigenous equipment: - Manufacturing and Marketing Certificate duly signed by the Competent Authority Concerned X For Imported Equipment: - Marketing Certificate in Annexure – G and An Affidavit in Annexure – H duly signed by the Competent Authority Concerned XI Certificate of acceptance of Terms and Conditions in Annexure – D as an affidavit on non-judicial stamp paper of Rs. 300/- XII Information and undertaking as per prescribed proforma (Annexure - J) as an affidavit on non-judicial stamp paper of Rs. 300/- Page 66 of 71 XIII Audited financial statement for the Financial Years 2022-23, 2023-24 and 2024-25 (Balance Sheet and Profit & Loss Account Statement etc.) in respect of annual turnover. A certificate from the Chartered Accountant with reference to Average Annual Turn Over as per Annexure – K to be uploaded on GeM XIV GST return for the last financial year attested by CA. Affidavit in Annexure - L for no dues pending for GST XV Copy of details of EMD in Annexure – C XVI Certificate of Patent, Proprietary from Licensing Authority and trade mark registration certificate (if applicable). For Imported equipment: Participating firm shall submit valid Patent Certificate from Patent Office/Notarized Proprietary Article Certificate from the Principal Firm (as the case maybe) XVII Company/Authorized Signatory to submit Employer Code No. & copy of last three contributions towards ESI in case factory is covered under ESI Act. OR Company / Authorized Signatory has to submit either an affidavit or a certificate from the Regional Director, ESIC of the Concerned Regional Office that “the factory / manufacturing unit is outside the implemented area / notified area or the factory is not coverable under ESI Act, in case the factory is within the notified area XVIII Letter of authorization to sign and submit the bid (enclose the resolution of board of Directors) along with specimen signature of the authorized signatory XIX Individual signing the bids or other documents connected with the contract must specify whether he signs as: - A. A sole proprietor of the firm or constituted attorney of such sole proprietor. B. A partner of the firm, if it be a partnership firm in which case he must have authority to refer to arbitration disputes concerning the business of the partnership/agreement or a power of attorney. A copy of partnership agreement attested by a Notary Public should be furnished, or an affidavit on stamped paper by all the partners admitting execution of the partnership of the general power of attorney should be furnished. Page 67 of 71 C. Authorized Signatory if it is a company; please enclose the resolution of board of Directors. XX An affidavit regarding undertaking for Maintenance, Support & Availability of Authorized Service Centers in Annexure-Q XXI Copy of PAN Card and acknowledgement of last IT return Affidavit in Annexure - N stating that no income tax is pending till financial year 2024-2025 XXII Integrity Pact in Annexure - E XXIII Bank Mandate Form in Annexure – T along with copy of cancelled Cheque XXIV Certificate in Annexure – P from the statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the Item wise percentage of local content as per pt. no. 9.b of DPIIT order no. P-45021/2/2017-PP(BE-II) dated 16.09.2020. (As per Format of Local Content Certificate attached) XXV Notarized Affidavit on Rs. 300/- Non-judicial Stamp Paper as per Annexure – O XXVI Self-Declaration on Firm letter head in Annexure - U XXVII Annexure – S XXVIII Boucher/Catalogue for quoted equipment to be uploaded on GeM Portal XXIX Experience Certificate in Annexure - V XXX Performance Certificate in Annexure - M XXXI Near Relationship Certificate in Annexure - W Page 68 of 71 XXXII The list of reagents, controls, consumables, calibrators, etc. which are to be utilized/consumed in the equipment and quote rates thereof XXXIII Any other document (s) required as per Terms & Conditions of bid Note: It is the sole responsibility of the bidder to submit the documents as listed above and as per Terms & Conditions of bid. All documents as listed above should be clear & legible, duly attested / notarized, properly indexed & serially page numbered. The complete document should be uploaded on GeM by the authorized signatory. Copies to be uploaded and submitted online should be in proper resolution. The above said instructions should be followed strictly, failing which the bid shall be summarily rejected. The bidder who submits false, forged, fabricated documents or conceals facts with intent to win over the bid shall be construed to be in violation of Code of Integrity as per the bid terms & conditions. The bids of such participating firms shall be summarily rejected. EMD of such bidder shall be forfeited and the firm shall be liable for debarring for a period of two years for participation in bid of all ESI institutions prospectively in addition to legal action as deemed fit. All documents should be uploaded strictly as per checklist of the bid with their specific names. All Affidavits to bear GeM Bid Number. The signature of authorized signatory should be on designated places on documents. In case of attestation, the authorized signatory shall sign additionally on the document along with the designated place. Any other document(s), If required as per GeM bid should also be uploaded. _______________________________ Page 69 of 71 1. GST Number of ESIC 07DELE00045DIDA 2. PAN NUMBER OF ESIC AAAJE0888Q 3. Bank Details required for formation of Bank Guarantee for EMD ESIC Account number 1: - Account number: 11084244187 IFSC Code: - SBIN0000691 Page 70 of 71 List of ESIC Hospitals / Medical Colleges S. No. States/UT's Name Name/Location of ESI Hospitals/Medical Colleges 1 Andhra Pradesh ESIC Hospital, Kakinada 2 Assam ESIC Hospital Tinsukia 3 Assam ESIC Medical College and Hospital, Beltola 4 Bihar ESIC Model Hospital Phulwarisharif, Patna 5 Bihar ESIC Medical College & Hospital Bihta, Patna 6 Chandigarh ESIC Model Hospital, Chandigarh 7 Chhattisgarh ESICH Raigarh 8 Chhattisgarh ESIC Hospital Korba 9 Chhattisgarh ESIC Hospital Raipur Chhattisgarh 10 Delhi ESIC Dental College and Hospital 11 Delhi ESI Medical College & Hospital, Basaidarapur 12 Delhi IG ESIC Hospital, Jhilmil, Delhi 13 Delhi ESIC Hospital Rohini 14 Gujarat ESIC Hospital Vapi 15 Gujarat ESIC Model Hospital, Bapunagar, Ahmedabad 16 Gujarat ESIC GH Naroda 17 Gujarat ESIC hospital Surat 18 Haryana ESIC Model Hospital, Gurugram 19 Haryana ESIC Hospital, Manesar 20 Haryana ESIC Medical College and Hospital Faridabad 21 Himachal Pradesh ESIC MH Baddi 22 Jammu & Kashmir ESIC Model Hospital, Bari Brahmana, Jammu 23 Jharkhand ESIC Hospital, Adityapur 24 Jharkhand ESIC Hospital Maithan Dhanbad. 25 Jharkhand ESIC Medical College and Hospital, Namkum, Ranchi 26 Karnataka ESIC Hospital Peenya, Bengaluru 27 Karnataka ESIC Dental College Kalaburagi 28 Karnataka ESIC MC PGIMSR & MH, Rajajinagar, Bengaluru 29 Kerala ESIC Model and Super Speciality Hospital, Asramam, Kollam 30 Kerala ESIC Hospital Udyogmandal 31 Kerala ESIC Hospital Ezhukone. 32 Madhya Pradesh ESIC Medical college & Hospital Indore 33 Madhya Pradesh ESIC Hospital Sonagiri Bhopal 34 Maharashtra ESIC Hospital and Medical College, Andheri 35 Maharashtra ESIC Hospital, Kolhapur 36 Maharashtra ESIC Hospital, Bibvewadi Pune. 37 New Delhi ESIC Hospital Okhla Page 71 of 71 38 Odisha ESIC Hospital, Angul 39 Odisha ESIC Model Hospital, Rourkela 40 Punjab ESIC Medical College & Hospital, Ludhiana 41 Rajasthan ESIC hospital, Kota 42 Rajasthan ESIC Hospital, Bikaner, Rajasthan 43 Rajasthan ESIC Medical College and Hospital Jaipur 44 Rajasthan ESIC Medical College and Hospital, Alwar 45 Rajasthan ESICH Bhiwadi Rajasthan 46 Tamil Nadu ESIC Medical College & Hospital, Chennai - 78 47 Tamil Nadu ESIC Hospital, Tirunelveli 48 Tamil Nadu ESIC HOSPITAL, TIRUPPUR 49 Telangana ESIC Super Speciality Hospital, Sanathnagar, Hyderabad 50 Telangana ESIC Medical College and Hospital, Sanathnagar, Hyderabad 51 Uttarakhand ESICH Rudrapur 52 Uttar Pradesh ESIC Hospital, Jajmau, Kanpur, UP 53 Uttar Pradesh ESIC Hospital Bareilly 54 Uttar Pradesh ESIC Hospital Sarijini Nagar Lucknow 55 Uttar Pradesh ESIC Medical College and Hospital Varanasi U. P. 56 Uttar Pradesh ESIC Hospital Sahibabad 57 Uttar Pradesh ESIC Medical College and Hospital Noida 58 Chhattisgarh ESIC Hospital, Bhilai 59 Himachal Pradesh ESIC Hospital Kalaamb 60 West Bengal ESIC Hospital, Joka, Kolkata 61 Rajasthan ESIC Hospital Udaipur 62 Puducherry ESIC Gorimedu Hospital