PROFORMA DOCUMENTStating

TERMS & CONDITIONSFor

OUTSOURCING OF BIOMEDICAL WASTE MANAGEMENT SERVICES AT HINDU RAO HOSPITAL, DELHI

NOTICE INVITING

Tender forSelection of service agencies to outsource Biomedical Waste Management services at

HINDU RAO HOSPITAL, Delhi

INTRODUCTION

Hindu Rao Hospital is an apex tertiary care Hospital. The Hindu Rao Hospital havingpatient care services in the form of Out Patient Departments, Indoor Services,Operation Theatres, and various Diagnostic & Laboratory Services. Besides, the HinduRao Hospitalis also involved in research and teaching activities.

IMPORTANCEAppropriate Biomedical waste management is a statutory obligation for theestablishment and running of a healthcare organization. The various steps involved inthe management i.e. segregation, storage, transportation, treatment and final disposalare important to keep the environment free from dangerous pollutants and a vitalcomponent of hospital infection control practices.

REQUIREMENTS

HINDU RAO HOSPITAL has to manage the biomedical waste which is generated inthe various patient care and research areas in the Hindu Rao Hospital. HINDU RAOHOSPITAL plan to outsource the management of the various aspects of thebiomedical waste after segregation. The details are given below under the head scopeof work.

DURATION of CONTRACT

The duration of contract shall be for a period of six months from the date of award ofwork and the services are to be provided on all days. The contract will be reviewedmonthly.

WORKLOAD

The approximate Biomedical waste generated in a month is 7200 kg (includingincinerable and autoclavable). The participatory firms are advised to take a tour ofdifferent areas to observe the existing system and arrive at their own estimates so asto bid for the contract. A tentative list of the collection points / number of large bags isas under:-

1. Labour Room

2. PNC

3. Dental OPD

4. Gynae OPD

5. Eye OPD

6. Medicine Emg. Ward

7. NICU

8. Pediatric Emg.

9. Children OPD

10. Lab. OPD

11. New Emg. Operation Theatre

12. Surgical Emg.

13. Plaster Room

14. Room No. 112 OPD

15. Room No. 104 OPD

16. Room No. 212 OPD

17. Casualty

18. Family Planning Operation theatre

19. Gynae Casualty

20. OPD second floor

21. Injection Room

22. Ward-20

23. Dialysis

24. ENT OT

25. Ward-17

26. Ward-18

27. Nursing Home

28. Ward-3

29. Ward-4

30. Ward-5

31. Ward-6

32. Ward-7

33. Ward-8

34. Ward-9

35. Ward-10

36. Ward-11

37. Ward-12

38. Ward-13

39. Ward-14

40. Ward-15

41. Ward-16

42. Main O.T. G.F.

43. Main O.T. F.F.

44. CSSD

45. ICU

46. ICU Lab

47. CCU

48. X-Ray Room

49. Blood Bank-1

50. Blood Bank-2

51. Pathology Lab

All efforts will be made by the administration to facilitate the observation process. This quantity islikely to increase with the addition of new patient care facilities.

SCOPE of WORK

The vendor shall be responsible for the following segments of Biomedical waste management in theHospital:

1. Collection of segregated biomedical waste in appropriately coloured bags i.e.yellow bags and blue bags from all the designated areas of the Hindu Rao Hospital(hence forth called as collection points). The bidders are advised to visit thepremises of the Hindu Rao Hospital to check and confirm the collection points. Thebidders are also required to give the details of the collection points in their bid.

2. The contents (of) and the yellow bags have to be incinerated while the contents (of)and blue bags have to be autoclaved or treated with appropriate technologyaccording to the Biomedical waste management and handling rules.

3. The agency while collecting the bags shall follow all the rules prescribed under theBMW handling rules viz tying the bags, labeling the bags, weighing the bags andmaintaining the records thereof. The agency will use proper tying material &permanent marker pen/label for identifying collection point. Hindu Rao Hospital willnot provide these material and they have to be procured by the vendor.

4. The collection shall be done on a daily basis (thrice daily) throughout the period ofcontract. In no case shall the waste remain in collection point for 12 hrs and in thehospital for more than 36 hours.

5. The collection shall be done from the areas according to the specified scheduleagreed upon in consultation with the nursing department and sanitation officer.

6. The collected biomedical waste shall be transported in trolleys through hospital tothe site of temporary holding in case of Biomedical waste and to the MCDcollection point for general waste via route mutually decided upon in consultationwith sanitation department. The trolleys will be of the vendor and will complyDPCC/CPCB guidelines.

7. The trolley shall follow a designated route and designated lift for intramuraltransport.

8. The vendor shall be responsible for transport of biomedical waste from the HinduRao Hospital for final treatment & disposal of the BMW at the CBMWT facilityaccording to the BMW handling rules.

9. The vehicle employed for transporting the waste from the Hindu Rao Hospital to thefinal disposal/treatment facility shall comply with all the directions of the BMW rules,motor vehicle act and other relevant rules. In no case shall HINDU RAOHOSPITAL bear any responsibility for any contravention of the law of the land.

10. The black bags after collection from collection points will be transported from thesepoints to be deposited at the designated MCD collection site within the hospitalpremises and the final disposal shall be responsibility of the municipal authorities.

11. The Hindu Rao Hospital reserves the right to increase/decrease the collectionpoints without increase /decrease in payment to the vendor, cost of manpower &cost of treatment or otherwise.

12. The vendor shall make arrangement for equipments implements, vehicles(including the trolleys), manpower, PPE, weighing equipment and any othermaterial required for the smooth operation, tying material, label/marker pen,stationary etc which will be required for carrying out above mentioned activities &record maintenance of the same.

13. The manpower engaged by the firm for operation for the proposed work shall weara distinct dress & identity card issued by the firm so that they can be easilyidentified. It will be the responsibility of the contractor to provide the uniform andensure compliance with this clause.

14. The contractor shall issue identity cards to its employees in consultation with officerin charge security, HINDU RAO HOSPITAL to ensure safety of premises. Staffengaged by the firm will carry the card which can be checked randomly and nonadherence will invite a penalty.

15. The vendor shall be responsible for taking all measures to safeguard (all the staffemployed by the firm) from all the likely health hazards entailed in the BMWmanagement.

16. The successful bidder shall be responsible for liaison with DPCC, CPCB etc. onbehalf of the Hindu Rao Hospital for discharging the statutory requirements e.g.filing of the annual reports etc.

Terms and conditions

The vendor/contractor shall follow the following terms and conditions while executing the workawarded

1. The agency should be having valid authorization from Delhi Pollution Control Board forcollection, transportation and disposal of Bio medical waste on the date of applying for thistender. The firm will submit proof of the same along with. In case the same is not submitted,the bid will be rejected outright. In case the firm have applied/ have provisional authorizationwhich will expire within one year, the firms should mention so. The firm in case, where thereis no formal authorization but are operating CBMWTF & providing services to other hospital,should state so & give documentary proof that DPCC allow them operation & has noobjection to providing services to HINDU RAO HOSPITAL despite having no formalauthorization/ provisional authorization or that the applied for authorization & pendingdecision the firm can carry out activities & bid for HINDU RAO HOSPITAL work.

2. The rates should be quoted on lump sum basis.3. The contract will be valid for a period of six months from the date of commencement. 4. The agency shall not engage any sub contractor or transfer the contract to any other

agency.5. In case of any dispute with the hospital authorities, the area for jurisdiction shall be the State

of Delhi only.6. The contractor has to maintain all the appropriate records at his own cost as required by

various Government departments. In case of any violation of any statutory provisions underlabour laws or any other applicable law related to the work, the liability of the same shalldevolve on the contractor and not on Hindu Rao Hospital administration.

7. The duly pre-receipted bill of the preceding month shall be presented in triplicate by theagency by the 7th of every month to enable the administration to arrange the payment well intime.

8. The agency/contractor shall be responsible for all acts of omission/commission in the HinduRao Hospital by their employees during the course of discharge of their duties at the HinduRao Hospital. Hindu Rao Hospital will not be responsible for any mishap while dealing withthe biomedical waste during the described scope of work because of such acts ofomission/commission.

9. The contractor should arrange transport, fuel, driver, labour and any other resource, exceptthose committed by the Hindu Rao Hospital, required for the work.

10. The contractor shall pay wages & make statutory contributions like EPF, ESI etc regularly bydue date to their workers and will intimate HINDU RAO HOSPITAL about the same.

11. Escalation of rates for any reason will not be accepted during the currency of the contractexcept in exceptional circumstance. The Medical Superintendent, HINDU RAO HOSPITALwill be the sole authority to decide about the same in any manner he so desires and thedecision shall be binding on the contractor.

12. If at any time Medical Superintendent, HINDU RAO HOSPITAL or any other person/personsnominated by him feels that the performance is incomplete or unsatisfactory, the agency willbe liable to re-do the same to the satisfaction of the authorities. In case of failure of theagency to do the same, Medical Superintendent , HINDU RAO HOSPITAL have the optionto impose the penalty not exceeding 1% of the bill raised for the previous month, for eachinstance of unsatisfactory performance. The decision of the Medical Superintendent, HINDURAO HOSPITAL shall be final and binding in this regard.

13. Persons suffering from contagious or infectious disease shall not be employed or permittedto work in HINDU RAO HOSPITAL. Hospital reserves its rights to examine any of theemployees for medical fitness without prior notice. Expenses, if any incurred by the HINDURAO HOSPITAL on medical examination of such employees, shall be borne and paid by thevendor.

14. The agency will be required to remove or replace any of its employees whose duty has notbeen found satisfactory or whose presence in the Hindu Rao Hospital premises isconsidered undesirable by the authorities.

15. The contractor’s work shall be executed under the Sanitation Officers of the HINDU RAOHOSPITAL. The contractor/vendor shall make arrangements to appoint Supervisor(s) at hisown cost & provide them with a mobile connection. The complaints regarding the biomedicalwaste shall be directed to the supervisor and he must ensure speedy redressal and alsomaintain record of the complaints and action taken with date and time.

16. The agency/contractor will be solely responsible for the compliance of statutory regulationsapplicable to the contractor/labour as also other Central & State Government statutoryregulations associated with such work. The contractor indemnifies and shall always keepHINDU RAO HOSPITAL indemnified against all losses, damages, claims, action takenagainst HINDU RAO HOSPITAL by any authority/office in this regard.

17. No liability whatsoever shall attach to the HINDU RAO HOSPITAL on account of or anyfailure on the part of the agency to observe these regulations.

18. The vendor shall comply with the laws applicable to employees regarding working hours,minimum wages, safety, cleanliness, leave, over time allowances, provident fund,retrenchment benefit, and medical benefit like ESI etc. If on account of non-compliance withthe provisions of any such laws, HINDU RAO HOSPITAL is called upon to make anypayment to or in respect of his employees, the vendor shall fully reimburse to Hindu RaoHospital all such payment and Hindu Rao Hospital shall be free to make deductions on thisaccount from the amount of Security Deposit, in which case, the vendor shall immediatelypay to the Hindu Rao Hospital such amount as may be necessary to make up the requiredsecurity Deposit, or from the dues which may be payable to Hindu Rao Hospital to thevendor. The vendor will sign an Indemnity Bond in favor of HINDU RAO HOSPITAL, to thiseffect.

19. The vendor/contractor shall be responsible for training the employees that he employs forthe execution of the work awarded.

20. The contractor shall pay minimum wages (including ESI /EPF etc) as per labour laws and other govt.laws to his workers / officials.

COMMITMENTS BY THE HINDU RAO HOSPITAL

(i) Colored Bins

Different colored bins shall be made available by HINDU RAO HOSPITAL at the designated placesfrom where the collection and replacement of bags has to be done by the vendor.

PREREQUISITE CRITERIA FOR QUALIFICATION

1. Location: Agency must be authorized by Delhi Pollution Control Board to carry out theoperations of collection, transportation, treatment and disposal of biomedical waste.

2. Authenticity & Operational Capability:

a) Surprise/Scheduled visit to the premises where it is running the biomedical wastemanagement services, by the representatives of the Hindu Rao Hospital shall bemade to verify vendor capacity and standing.

b) The Vendor will give a certificate that the firm or any other firm with similar type ofoperation with same or some/one of the proprietors being same as of the tenderingfirm, has not been black listed in the past 3 yrs. by any Government/ privateinstitution.

c) The vendor has to give an affidavit on a Non –judicial paper that there is novigilance / CBI case pending against the firm/ supplier/or any other firm with similartype of operation with same or some/one of the proprietors being same as of thetendering firm.

3. Financial Capability:

a. Vendor should submit statement of financial standing from an authorized bank. Thename of the bank / firm along with full address should be furnished.

b. If the tenderer give a false statement on any of the above information, the firm /supplier will not be considered and their quotation / there shall be deemed to berejected and security deposit will stand forfeited

4. Each tender should be accompanied by earnest money deposit of Rs 13275/-, in formof demand draft in favor of the Commissioner , Municipal Corporation of Delhi. TENDERSNOT ACCOMPANIED BY EMD WILL BE SUMMARILY REJECTED.

5. Conditional tenders will be summarily rejected.

GENERAL TERMS & CONDITIONS

1) The 1st party (HINDU RAO HOSPITAL) reserves the right to cancel the contract agreementor to withhold the payment in the event of non-commencement or unsatisfactoryperformance of the work contract. In such eventuality HINDU RAO HOSPITAL party furtherreserves to get the work done from open market or through other agencies. Further penalaction may be taken against the 2nd party (contractor) including blacklisting and his earnestmoney/security deposit may also be forfeited in case of violation of terms of the contract.

2) Any person who is in Govt. Service anywhere or an employee of the Hindu Rao Hospitalshould not be made a partner to the contract by the 2nd party directly or indirectly in anymanner whatsoever.

3) The contractor shall indemnify the 1st party (Hindu Rao Hospital) against all otherdamages/charges and expenses for which the Hindu Rao Hospital may be held liable orpay on account of the negligence of the 2nd party or his servants or any person under hiscontrol whether in respect of accident, injury to the person or damages to the property of

any member of the public or any person or in executing the work or otherwise and againstall claims and demands thereof.

4) If any information furnished by 2nd party is found to be incorrect at any time, the contract isliable to be terminated without any notice and the security deposit is liable to be forfeited bythe Hindu Rao Hospital.

5) The individual signing the quotation form or any document forming part of the contract onbehalf of 2nd party, shall be responsible to produce a proper power of attorney dulyexecuted in his favour stating that he has authority to bind other such person of the firm asthe case may be in all matters pertaining to the contract including the arbitration clauses. Ifsubsequently the person so signing fails to provide the said power of attorney within areasonable time, the Hindu Rao Hospital may, without prejudice to other civil and criminalremedies cancel the contract and hold the signatory liable to all cost and damages. In caseof registered or unregistered partnership firm, all the partners should sign the quotations. Incase of any person signing the agreement on behalf of limited company or firm, he/she willproduce a letter of authority/resolution passed by the company empowering him/her to signthe agreement on behalf of the company or firm.

6) The workers whose services are provided by the 2nd party, shall at all times and for allpurposes be the employees of the 2nd party and on no account personnel so appointed andrecruited by the 2nd party will have any claim for appointment, continuous recruitment orregularization etc. against the Hindu Rao Hospital(1st party).

7) The 2nd party shall comply with the labour laws applicable and the Hindu Rao Hospital shallnot be responsible for any litigation/default from agency side.

8) In every case in which by virtue of the workman’s Compensation Act, the Government ofIndia/Hindu Rao Hospital if obliged to pay compensation to such person employed by the2nd party in execution of the work, the GOI/state Govt./Hindu Rao Hospital will be entitled torecover from the contractor the amount of compensation so paid.

9) The firm will verify the antecedents of all employees working by police verification and willkeep attendance and other relevant records at it’s cost and will produce these on demandof any authority.

10) The contractor, himself, shall be responsible for any type of statutory/mandatory claims orpenalties in light of the default with reference to the above provisions.

11) In case any person engaged by the contractor is found to be inefficient, quarrelsome,infirm, and invalid or found indulging in unlawful or union activities, the contractor will haveto replace such person with a suitable substitute at the direction of the competent authority.

12) The Hindu Rao Hospital shall not provide any sort of accommodation to the staff or persondeployed by the contractor and no cooking/lodging will be allowed in the premises of theHindu Rao Hospital at any time.

13) The Biomedical waste management services (as defined in the scope of work) shall bemeant for the whole Hindu Rao Hospital premises.

14) The provision of appropriate manpower, material supplies, required for performing the workawarded, shall be borne by the contractor unless otherwise specified in the contract.

15) The tenderer will be wholly responsible for providing the said services in the Hindu RaoHospital. If any defect, damage or deficiency is noticed, payment in part or full may be held& penalty may be imposed.

16) If any complaint of misbehavior and misconduct by staff of the firm comes into theknowledge of the Hindu Rao Hospital authorities then responsibility for all such activitiesshall be of the contractor and any loss owing to negligence or mishandling by the staffemployed by the contractor, the contractor shall himself be responsible to make good forthe losses so suffered by the Hindu Rao Hospital.

17) The contractor shall not, at any stage, cause or permit any sort of nuisance in the premisesof Hindu Rao Hospital or do anything which may cause unnecessary disturbance orinconvenience to other working there as well as to the general public in the Hindu RaoHospital premises and near to it.

18) The Hindu Rao Hospital will deduct Income Tax at source under section 194-c of theIncome Tax Act, 1961 from the contractor.

19) In case the agency fails to execute the job after signing the agreement/deed or leave thejob before completion of the period of contract at their own accord, the MedicalSuperintendent shall have the right to forfeit the security money deposited by the agency forthe execution of the contract.

20) The contract can be terminated by the first party (Medical superintendent, HINDU RAOHOSPITAL, New Delhi) by giving one months notice. The second party (the contractor) if

so desire to terminate the contract will be required to give three month’s notice or till HinduRao Hospital is able to make alternative arrangements, whichever is earlier.

Penalty clauses

1) In case the contractor fails to commence/execute the work as stipulated in theagreement or there is a breach of any terms and conditions of the contract HINDURAO HOSPITAL reserves the right to impose the penalty as detailed below:

a) 1% of cost of order/agreement per week, up to 2 weeks delay. b) After 2 weeks delay, Principal Employer reserve the right to cancel the contract and withhold

the agreement and get this job to be carried out from other contractor(s) from open marketat the competitive rates. The defaulting contractor may be blacklisted as per clause statedabove and the difference if any will be recovered from the contractor.

c) The security deposited by the contractor shall be forfeited. Note: Attention is invited to relevant paras in this regard to the

penalty for the unsatisfactory work and delay in completion of work within theschedule time. The penalty clauses will be strictly imposed for unsatisfactory workor failure to complete the work within schedule time, then the contractor may bepenalized i.e. 1% of the cost of order.

2) For any breach of contract, Medical Superintendent or duly constituted committee by MedicalSuperintendent shall be entitled to impose a penalty to the extent of Rs. 1000/- only on the firstoccasion upon the agency in the event of breach, violation or contravention of any of the termsand conditions contained herein brought to the notice of the Committee.

3) If the lapse is repeated again the extent of penalty will be doubled on each such occasion. Thedecision of the said officer/committee in this regard shall be final and binding upon theagency. Some of the instances in which penalty would be imposed are enumerated below.(but these are not exhaustive and penalty may be imposed on any violation/breach orcontravention of any of the terms and conditions as well as assigned duties andresponsibilities).

a) If the personnel working for the awarded work are not found in proper uniform anddisplaying their photo identity card.

b) If the personnel found indulging in smoking/drinking/sleeping during duty hours.c) Penalty will also be imposed if the behavior of personnel(s) found is discourteous to any

one in the hospital including staff or patients.d) If any personal found performing duty by submitting a fake name and address etc.

4) In case of any loss or theft, it shall be made good by the agency and in event of failure intheir part to do so within a period of one month, the loss shall be made good equivalent topurchase cost by encashment of security deposit and if the amount of loss or damageexceeds the amount of security deposit, then the amount will be recovered from the bill inone or more installments.

5) In the event of any dispute arising out in connection with the interpretation of any clause in theterms and condition of the contract, agreement, or otherwise the matter shall be referred to theArbitrator as appointed by the Medical Superintendent , HINDU RAO HOSPITAL.

6) The courts at Delhi/New Delhi shall have jurisdiction in connection with any dispute/litigationarising out of this contract.

7) The contractor shall be bound to provide the services for a period of three months inexcess of the contracted period on the contract rates or till the finalization of fresh tender ifso, desired by the HINDU RAO HOSPITAL.

Force majeure

Any failure of omission or commission to carry out the provision of this Agreement by the contractorshall not give rise to any claim by one party, one against the other, if such failure of omission orcommission arises from an act of God; which shall include acts of natural calamities such as flood,earthquake, from civil strikes, riots, curfew, embargoes or from any political or other reason beyondthe parties control including war(whether declared or not) civil war or stage of insurrection, providedthat notice of the occurrence of any event by either party to the other shall be given within two

weeks from the date of occurrence of such an event which could be attributed to Force majureconditions.

Waiver

At any time any indulgence or concession granted by HINDU RAO HOSPITAL shall not alter orinvalidate the terms of the contract nor constitute the waiver of any of the provision hereof aftersuch time, indulgence or concession shall have been granted. Further the failure of HINDU RAOHOSPITAL to enforce at any time any of the provisions of the contract or to exercise any optionwhich is herein provided, shall in no way be construed to be waiver of such provisions nor in anyway affect the validity of the contract or any part thereof or the right of HINDU RAO HOSPITAL toenforce the same in part or in entirety of it. Waiver, if any, has to be in writing.