Bid Document for establishment, operation and maintenance of MRI, CT Scan and allied ...

188 Pages·2016·1.46 MB·English

Bid Document

for

establishment, operation and maintenance of MRI, CT Scan and allied
infrastructure facilities in diagnostic centers and offering diagnostic
services in radiology, at Government & GMERS Medical Colleges in Gujarat

in Public Private Partnership Mode.

Request for Qualification cum Request for Proposal

Managing Director

Gujarat Medical Services Corporation Ltd

Block No. 14, 1st Floor, Dr. Jivraj Mehta Bhavan, Old Sachivalay, Sector – 10,
Gandhinagar – 382 010, Gujarat, India

Phone No: 91-079-23250767, Fax No: 91-079-23257586

Email: [email protected], Website: www.gujhealth.gov.in
Bid Document for establishment, operation and maintenance of MRI, CT Scan and allied infrastructure facilities in
diagnostic centers and offering diagnostic services in radiology, at Government & GMERS Medical Colleges in Gujarat in

Public Private Partnership Mode.

Table of Contents

I . Tender Notice ............................................................................................................... 4
I I. Disclaimer .................................................................................................................... 5
I II. Glossary .................................................................................................................. 7
1 . Bidding Procedure ....................................................................................................... 9
A . General ......................................................................................................................... 9
1 .1 Scope of Proposal ................................................................................................... 9
1 .2 Eligible Bidders ....................................................................................................... 9
1 .3 Additional Requirements for Proposals Submitted by a Consortium ............... 11
1 .4 Change in Composition of the Bidder ................................................................. 12
1 .5 Number of Proposals............................................................................................ 12
1 .6 Proposal Preparation Cost ................................................................................... 12
1 .7 Contents of RFP Document .................................................................................. 12
1 .8 Clarifications ......................................................................................................... 12
1 .9 Amendment of RFP Document ............................................................................ 13
B . Preparation and Submission of Proposal ................................................................ 13
1 .10 Language and Currency ........................................................................................ 13
1 .11 Bid Security ............................................................................................................ 13
1 .12 Validity of Proposal ............................................................................................... 14
1 .13 Project Inspection/ Site Visit ............................................................................... 14
1 .14 Bidder’s Responsibility ......................................................................................... 14
1 .15 Pre-Proposal Meeting ............................................................................................ 15
1 .16 Format and Signing of Proposal ........................................................................... 17
1 .17 Sealing and Marking of Proposals ........................................................................ 18
1 .18 Proposal Due Date ................................................................................................. 19
1 .19 Late Proposals ....................................................................................................... 19
1 .20 Modification and Withdrawal of Proposals .......................................................... 19
1 .21 Tests of responsiveness ........................................................................................ 19
1 .22 Confidentiality ....................................................................................................... 21
1 .23 Clarifications .......................................................................................................... 21
1 .24 Proposal Evaluation .............................................................................................. 21
1 .25 Evaluation of the Financial Proposal.................................................................... 24
1 .26 Notifications........................................................................................................... 24
1 .27 Authority Right to Accept or Reject Proposal ..................................................... 24
1 .28 Acknowledgement of Letter of Acceptance (LOA) .............................................. 25
1 .29 Execution of Concession Agreement .................................................................... 25
1 .30 Performance Security............................................................................................ 26
1 .31 Cost of RFP document ........................................................................................... 26
1 .32 Schedule of Bidding Process ................................................................................ 27
2 . Scope of the Project .................................................................................................. 28
2 .1. Project Overview ................................................................................................... 28
2 .2. The scope of work for the private partner would be as under: ......................... 28
2 .3. Tele-Radiology ....................................................................................................... 29
2 .4. Patients Footfall .................................................................................................... 30
3 . Evaluation Methodology ............................................................................................ 32
3 .1 Evaluation of Technical Proposal ........................................................................ 32
3 .2 Evaluation of Financial Proposals ....................................................................... 34
4 . Fraud and Corrupt Practices ..................................................................................... 35
A PPENDIX 1: Format for Acknowledgement of RFP Document and Notification of
Intent to Submit Proposal ............................................................................................... 37

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Bid Document for establishment, operation and maintenance of MRI, CT Scan and allied infrastructure facilities in
diagnostic centers and offering diagnostic services in radiology, at Government & GMERS Medical Colleges in Gujarat in

Public Private Partnership Mode.

A PPENDIX 2: Format for Covering Letter cum Project Undertaking ........................... 39
A PPENDIX 3: Format for Anti-Collusion Certificate ...................................................... 41
A PPENDIX 4: Proforma of Bank Guarantee ................................................................... 42
A PPENDIX 5: Details of Bidder ....................................................................................... 45
A PPENDIX 6: Format for Financial Proposal .................................................................. 47
A PPENDIX 7 A: Format for Technical Capability Proposal ............................................ 53
A PPENDIX 7 B: Eligible Projects in the Radiology Sector ............................................. 54
A PPENDIX 7 C: Format of Affidavit for showing previous experience ........................ 55
A PPENDIX 7 D: Format of Affidavit for showing employment of clinical manpower .56
A PPENDIX 8: Format for Financial Capability Proposal ................................................ 57
A ppendix 9 A Format for Power of Attorney for signing of Bid .................................... 61
A PPENDIX 9 B: Power of Attorney for Lead Member of Consortium ........................... 63
A PPENDIX 10: Joint Bidding Agreement ........................................................................ 66
APPENDIX 11: Draft Service Level Agreement .............................................................. 72

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Bid Document for establishment, operation and maintenance of MRI, CT Scan and allied infrastructure facilities in
diagnostic centers and offering diagnostic services in radiology, at Government & GMERS Medical Colleges in Gujarat in

Public Private Partnership Mode.

I. Tender Notice

As per GMSCL format

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Bid Document for establishment, operation and maintenance of MRI, CT Scan and allied infrastructure facilities in
diagnostic centers and offering diagnostic services in radiology, at Government & GMERS Medical Colleges in Gujarat in

Public Private Partnership Mode.

II. Disclaimer

The information contained in this Request For Qualification cum Request for Proposal
document (the “RFQ cum RFP”) or subsequently provided to Bidder(s), whether
verbally or in documentary or any other form by or on behalf of the Authority or any
of its employees or advisors, is provided to Bidder(s) on the terms and conditions set
out in this RFQ cum RFP and such other terms and conditions subject to which such
information is provided.

This RFQ cum RFP is not an agreement and is neither an offer nor invitation by the
Authority to the prospective Bidders or any other person. The purpose of this RFQ
cum RFP is to provide interested parties with information that may be useful to them
in making their financial offers (Bids) pursuant to this RFQ cum RFP. This RFQ cum
RFP includes statements, which reflect various assumptions and assessments arrived
at by the Authority in relation to the Project. Such assumptions, assessments and
statements do not purport to contain all the information that each Bidder may
require. This RFQ cum RFP may not be appropriate for all persons, and it is not
possible for the Authority, its employees or advisors to consider the investment
objectives, financial situation and particular needs of each party who reads or uses
this RFQ cum RFP. The assumptions, assessments, statements and information
contained in the Bidding Documents may not be complete, accurate, adequate or
correct. Each Bidder should, therefore, conduct its own investigations and analysis
and should check the accuracy, adequacy, correctness, reliability and completeness
of the assumptions, assessments, statements and information contained in this RFQ
cum RFP and obtain independent advice from appropriate sources.

Information provided in this RFQ cum RFP to the Bidder(s) is on a wide range of
matters, some of which may depend upon interpretation of law. The information
given is not intended to be an exhaustive account of statutory requirements and
should not be regarded as a complete or authoritative statement of law. The
Authority accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on law expressed herein.

The Authority, its employees and advisors make no representation or warranty and
shall have no liability to any person, including any Bidder or Bidder under any law,
statute, rules or regulations or tort, principles of restitution or unjust enrichment or
otherwise for any loss, damages, cost or expense which may arise from or be
incurred or suffered on account of anything contained in this RFQ cum RFP or

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Bid Document for establishment, operation and maintenance of MRI, CT Scan and allied infrastructure facilities in
diagnostic centers and offering diagnostic services in radiology, at Government & GMERS Medical Colleges in Gujarat in

Public Private Partnership Mode.

otherwise, including the accuracy, adequacy, correctness, completeness or reliability
of the RFQ cum RFP and any assessment, assumption, statement or information
contained therein or deemed to form part of this RFQ cum RFP or arising in any way
for participation in this Bid Stage.

The rates indicated in Appendix 1-2 of Schedule B are as prevailing at the time of
release of RFP. The rates that will be prevailing on Commercial Operation Date
(COD) will be taken as base rate for year 1. The number of footfalls estimated by
GMSCL is based on in-house survey and data collected from various Medical
institutions/ CHS. By GMSCL. The numbers represented are estimates only and the
Authority does not guarantee number of patients utilising Diagnostic Center services.
The Bidders are advised to undertake their own independent estimates & market
survey for the Project.

The Authority also accepts no liability of any nature whether resulting from
negligence or otherwise howsoever caused arising from reliance of any Bidder upon
the statements contained in this RFQ cum RFP.

The Authority may in its absolute discretion, but without being under any obligation
to do so, update, amend or supplement the information, assessment or assumptions
contained in this RFQ cum RFP.

The issue of this RFQ cum RFP does not imply that the Authority is bound to select a
Bidder or to appoint the Selected Bidder or Concessionaire, as the case may be, for
the Project and the Authority reserves the right to reject all or any of the Bidders or
Bids without assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which
may be required by the Authority or any other costs incurred in connection with or
relating to its Bid. All such costs and expenses will remain with the Bidder and the
Authority shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation or submission of the Bid,
regardless of the conduct or outcome of the Bidding Process.

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Bid Document for establishment, operation and maintenance of MRI, CT Scan and allied infrastructure facilities in
diagnostic centers and offering diagnostic services in radiology, at Government & GMERS Medical Colleges in Gujarat in

Public Private Partnership Mode.

III. Glossary

Application As defined in the Disclaimer
Associate As defined in Clause 2.3.25
Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.22.1
Bid(s) As defined in Clause 1.4.2
Bidders As defined in Clause 1.1.1
Bid Due Date As defined in Clause 1.4.2
Bid Security As defined in Clause 1.4.4
Bid Stage As defined in Clause 1.4.2
Concession Agreement As defined in Clause 1.2
Concession Period As defined in Clause 1.3
Concessionaire As defined in Clause 1.2
Conflict of Interest As defined in Clause 2.3.23
Consortium As defined in Clause 2.3.2
Damages As defined in Clause 2.3.23
[BOO] As defined in Clause 1.2
Demand Draft As defined in Clause 2.22.2
Eligible Experience As defined in Clause 3.3.3 b (a)
Eligible Projects As defined in Clause 3.3.3 b (a)
Eligible Member As defined in Clause 2.2.1 A (c)
Estimated Project Cost As defined in Clause 1.1.6
First round of Bidding As defined in Clause 3.5.3
Government Government of Gujarat
Highest Bidder As defined in Clause 1.4.6
Jt. Bidding Agreement As defined in Clause 2.3.6 (g)
Lead Member As defined in Clause 2.3.6 (c)
LOA As defined in Clause 3.7.1
Member Member of a Consortium
Net Worth As defined in Clause 2.3.27
PPP Public Private Partnership
Project As defined in Clause 1.1.5
Re. or Rs. or INR Indian Rupee
RFQ cum RFP or Request for Proposals As defined in the Disclaimer
Royalty As defined in Clause 1.4.8
Second round of Bidding As defined in Clause 3.5.3
Selected Bidder As defined in Clause 1.4.7
SPV As defined in Clause 2.3.6
Technical Capacity As defined in Clause 2.2
Technical Experience Score As defined in Clause 3.3.4 (b)
Technically Qualified Bidders As defined in Clause 3.3.4
Third round of Bidding As defined in Clause 3.5.4
Tie Bidders As defined in Clause 3.6.1

The words and expressions beginning with capital letters and defined in this

document shall, unless repugnant to the context, have the meaning ascribed thereto

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Bid Document for establishment, operation and maintenance of MRI, CT Scan and allied infrastructure facilities in
diagnostic centers and offering diagnostic services in radiology, at Government & GMERS Medical Colleges in Gujarat in

Public Private Partnership Mode.

herein. The words and expressions beginning with capital letters and not defined
herein, but defined in the RFQ cum RFP, shall, unless repugnant to the context, have
the meaning ascribed thereto therein.

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Bid Document for establishment, operation and maintenance of MRI, CT Scan and allied infrastructure facilities in
diagnostic centers and offering diagnostic services in radiology, at Government & GMERS Medical Colleges in Gujarat in

Public Private Partnership Mode.

1. Bidding Procedure

A. General

1.1 Scope of Proposal

1.1.1 Gujarat Medical Services Corporation Ltd, Commissionerate of Medical Health &
Family Welfare, Government of Gujarat, (hereinafter referred to as “Authority”)
invites detailed proposals (Key Submissions, Technical Proposal and Financial
Proposals) from Bidders who fulfill the pre-qualification criteria indicated in clause
1.24.2 for establish, operation and maintenance of MRI, CT Scan and allied
infrastructure facilities in diagnostic centers and offering diagnostic services in
radiology, at Government & GMERS Medical Colleges in Gujarat in Public Private
Partnership Mode. The Selected Bidder, who is either a company incorporated under
the Companies Act, 1956 or undertakes to incorporate as such prior to execution of
the concession agreement (the “Concessionaire”), shall be responsible for finance,
supply of equipment, implement, offering services, supply of parts, and maintain the
Project on Supply, Own and Operate (“SOO”) basis in the Public Private
Partnership (PPP) mode under and in accordance with the provisions of the
concession agreement (the “Concession Agreement”) to be entered into between
the Selected Bidder and the Authority in the form provided by the Authority as part
of the Bidding Documents pursuant hereto.

1.1.2 The Proposals would be evaluated on the basis of the evaluation criteria set out
in this RFP Document (“Evaluation Methodology”) in order to identify the
successful Bidder for the Project (“Successful Bidder”). The Successful Bidder
would then have to enter into a Concession Agreement with the Authority and
perform the obligations as stipulated therein, in respect of the Project.

1.1.3 Terms used in this RFP Document which have not been defined herein shall
have the meaning ascribed thereto in the Draft Concession Agreement.

1.2 Eligible Bidders

1.2.1 Bidders who fulfil the pre-qualification criteria indicated in clause 1.24.2 are
eligible to submit Technical and Financial Proposal in response to this RFP Document.

Bidders shall acknowledge receipt of this RFP Document and notify their intention to
bid for the Project in the format provided as Appendix 1.

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Bid Document for establishment, operation and maintenance of MRI, CT Scan and allied infrastructure facilities in
diagnostic centers and offering diagnostic services in radiology, at Government & GMERS Medical Colleges in Gujarat in

Public Private Partnership Mode.

1.2.2 Bidders shall provide such evidence of their continued eligibility to the
satisfaction of Authority, as the Authority may reasonably request.

1.2.3 A Power of Attorney for signing of Proposals needs to be furnished in favor of
the Authorized Signatory as per format provided in Appendix 9A.

1.2.4 In the case of a Consortium, the Members should submit a Power of Attorney
in favour of the Lead Member as per format provided in Appendix 9B.

1.2.5 In case the Bidder is a Consortium, it shall, in addition to forming a Special
Purpose Vehicle (SPV), comply with the following additional requirements:

a) Number of members in a consortium shall not exceed 4 (four),

b) Subject to the provisions of sub-clause (a) above, the Application should
contain the information required for each member of the Consortium;

c) Members of the Consortium shall nominate one member as the lead member
(the “Lead Member”), who shall have an equity share holding of at least
26% (twenty six per cent) of the paid up and subscribed equity of the SPV.
The nomination(s) shall be supported by a Power of Attorney, as per the
format at Appendix 9B, signed by all the other members of the Consortium;

d) The Application should include a brief description of the roles and
responsibilities of individual members, particularly with reference to financial,
technical and O&M obligations;

e) An individual Bidder cannot at the same time be member of a Consortium.
Further, a member of a particular Bidder Consortium cannot be member of
any other Bidder Consortium;

f) The members of a Consortium shall form an appropriate SPV to execute the
Project, if awarded to the Consortium;

g) Members of the Consortium shall enter into a binding Joint Bidding
Agreement, substantially in the form specified at Appendix-10 (the “Jt.
Bidding Agreement”), for the purpose of making the Application.

h) The Jt. Bidding Agreement, to be submitted along with the Proposal, shall,
inter alia:

(i) Convey the intent to form an SPV with shareholding/ ownership equity
commitment(s) in accordance with this RFP, which would enter into the

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