PROFORMA DOCUMENT Stating TERMS & CONDITIONS For OUTSOURCING OF BIOMEDICAL WASTE MANAGEMENT SERVICES AT HINDU RAO HOSPITAL, DELHI

Transcription

1 PROFORMA DOCUMENT Stating TERMS & CONDITIONS For OUTSOURCING OF BIOMEDICAL WASTE MANAGEMENT SERVICES AT HINDU RAO HOSPITAL, DELHI NOTICE INVITING Tender for Selection 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 having patient care services in the form of Out Patient Departments, Indoor Services, Operation Theatres, and various Diagnostic & Laboratory Services. Besides, the Hindu Rao Hospitalis also involved in research and teaching activities. IMPORTANCE Appropriate Biomedical waste management is a statutory obligation for the establishment and running of a healthcare organization. The various steps involved in the management i.e. segregation, storage, transportation, treatment and final disposal are important to keep the environment free from dangerous pollutants and a vital component of hospital infection control practices. REQUIREMENTS HINDU RAO HOSPITAL has to manage the biomedical waste which is generated in the various patient care and research areas in the Hindu Rao Hospital. HINDU RAO HOSPITAL plan to outsource the management of the various aspects of the biomedical waste after segregation. The details are given below under the head scope of work. DURATION of CONTRACT The duration of contract shall be for a period of six months from the date of award of work and the services are to be provided on all days. The contract will be reviewed monthly. WORKLOAD The approximate Biomedical waste generated in a month is 7200 kg (including incinerable and autoclavable). The participatory firms are advised to take a tour of different areas to observe the existing system and arrive at their own estimates so as to bid for the contract. A tentative list of the collection points / number of large bags is as under:-

2 1. Labour Room 19. Gynae Casualty 2. PNC 20. OPD second floor 3. Dental OPD 21. Injection Room 4. Gynae OPD 22. Ward Eye OPD 23. Dialysis 6. Medicine Emg. Ward 24. ENT OT 7. NICU 25. Ward Pediatric Emg. 26. Ward Children OPD 27. Nursing Home 10. Lab. OPD 28. Ward New Emg. Operation Theatre 29. Ward Surgical Emg. 30. Ward Plaster Room 31. Ward Room No. 112 OPD 32. Ward Room No. 104 OPD 33. Ward Room No. 212 OPD 34. Ward Casualty 35. Ward Family Planning Operation theatre 36. Ward-11

3 37. Ward ICU 38. Ward ICU Lab 39. Ward CCU 40. Ward X-Ray Room 41. Ward Blood Bank Main O.T. G.F. 50. Blood Bank Main O.T. F.F. 51. Pathology Lab 44. CSSD All efforts will be made by the administration to facilitate the observation process. This quantity is likely 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 the Hospital: 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 the premises of the Hindu Rao Hospital to check and confirm the collection points. The bidders 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 technology according to the Biomedical waste management and handling rules. 3. The agency while collecting the bags shall follow all the rules prescribed under the BMW handling rules viz tying the bags, labeling the bags, weighing the bags and maintaining the records thereof. The agency will use proper tying material & permanent marker pen/label for identifying collection point. Hindu Rao Hospital will not 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 of contract. In no case shall the waste remain in collection point for 12 hrs and in the hospital for more than 36 hours. 5. The collection shall be done from the areas according to the specified schedule agreed upon in consultation with the nursing department and sanitation officer. 6. The collected biomedical waste shall be transported in trolleys through hospital to the site of temporary holding in case of Biomedical waste and to the MCD collection point for general waste via route mutually decided upon in consultation with sanitation department. The trolleys will be of the vendor and will comply DPCC/CPCB guidelines. 7. The trolley shall follow a designated route and designated lift for intramural transport.

4 8. The vendor shall be responsible for transport of biomedical waste from the Hindu Rao Hospital for final treatment & disposal of the BMW at the CBMWT facility according to the BMW handling rules. 9. The vehicle employed for transporting the waste from the Hindu Rao Hospital to the final 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 RAO HOSPITAL 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 these points to be deposited at the designated MCD collection site within the hospital premises and the final disposal shall be responsibility of the municipal authorities. 11. The Hindu Rao Hospital reserves the right to increase/decrease the collection points 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 other material 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 wear a distinct dress & identity card issued by the firm so that they can be easily identified. It will be the responsibility of the contractor to provide the uniform and ensure compliance with this clause. 14. The contractor shall issue identity cards to its employees in consultation with officer in charge security, HINDU RAO HOSPITAL to ensure safety of premises. Staff engaged by the firm will carry the card which can be checked randomly and non adherence will invite a penalty. 15. The vendor shall be responsible for taking all measures to safeguard (all the staff employed by the firm) from all the likely health hazards entailed in the BMW management. 16. The successful bidder shall be responsible for liaison with DPCC, CPCB etc. on behalf 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 work awarded 1. The agency should be having valid authorization from Delhi Pollution Control Board for collection, transportation and disposal of Bio medical waste on the date of applying for this tender. 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 authorization which will expire within one year, the firms should mention so. The firm in case, where there is no formal authorization but are operating CBMWTF & providing services to other hospital, should state so & give documentary proof that DPCC allow them operation & has no objection to providing services to HINDU RAO HOSPITAL despite having no formal authorization/ provisional authorization or that the applied for authorization & pending decision 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 under labour laws or any other applicable law related to the work, the liability of the same shall devolve 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 the agency by the 7 th of every month to enable the administration to arrange the payment well in time.

5 8. The agency/contractor shall be responsible for all acts of omission/commission in the Hindu Rao Hospital by their employees during the course of discharge of their duties at the Hindu Rao Hospital. Hindu Rao Hospital will not be responsible for any mishap while dealing with the biomedical waste during the described scope of work because of such acts of omission/commission. 9. The contractor should arrange transport, fuel, driver, labour and any other resource, except those committed by the Hindu Rao Hospital, required for the work. 10. The contractor shall pay wages & make statutory contributions like EPF, ESI etc regularly by due 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 contract except in exceptional circumstance. The Medical Superintendent, HINDU RAO HOSPITAL will be the sole authority to decide about the same in any manner he so desires and the decision shall be binding on the contractor. 12. If at any time Medical Superintendent, HINDU RAO HOSPITAL or any other person/persons nominated by him feels that the performance is incomplete or unsatisfactory, the agency will be liable to re-do the same to the satisfaction of the authorities. In case of failure of the agency to do the same, Medical Superintendent, HINDU RAO HOSPITAL have the option to impose the penalty not exceeding 1% of the bill raised for the previous month, for each instance of unsatisfactory performance. The decision of the Medical Superintendent, HINDU RAO HOSPITAL shall be final and binding in this regard. 13. Persons suffering from contagious or infectious disease shall not be employed or permitted to work in HINDU RAO HOSPITAL. Hospital reserves its rights to examine any of the employees for medical fitness without prior notice. Expenses, if any incurred by the HINDU RAO HOSPITAL on medical examination of such employees, shall be borne and paid by the vendor. 14. The agency will be required to remove or replace any of its employees whose duty has not been found satisfactory or whose presence in the Hindu Rao Hospital premises is considered undesirable by the authorities. 15. The contractor s work shall be executed under the Sanitation Officers of the HINDU RAO HOSPITAL. The contractor/vendor shall make arrangements to appoint Supervisor(s) at his own cost & provide them with a mobile connection. The complaints regarding the biomedical waste shall be directed to the supervisor and he must ensure speedy redressal and also maintain record of the complaints and action taken with date and time. 16. The agency/contractor will be solely responsible for the compliance of statutory regulations applicable to the contractor/labour as also other Central & State Government statutory regulations associated with such work. The contractor indemnifies and shall always keep HINDU RAO HOSPITAL indemnified against all losses, damages, claims, action taken against 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 any failure 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 with the provisions of any such laws, HINDU RAO HOSPITAL is called upon to make any payment to or in respect of his employees, the vendor shall fully reimburse to Hindu Rao Hospital all such payment and Hindu Rao Hospital shall be free to make deductions on this account from the amount of Security Deposit, in which case, the vendor shall immediately pay to the Hindu Rao Hospital such amount as may be necessary to make up the required security Deposit, or from the dues which may be payable to Hindu Rao Hospital to the vendor. The vendor will sign an Indemnity Bond in favor of HINDU RAO HOSPITAL, to this effect. 19. The vendor/contractor shall be responsible for training the employees that he employs for the 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

6 Different colored bins shall be made available by HINDU RAO HOSPITAL at the designated places from 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 the operations 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 waste management services, by the representatives of the Hindu Rao Hospital shall be made to verify vendor capacity and standing. b) The Vendor will give a certificate that the firm or any other firm with similar type of operation with same or some/one of the proprietors being same as of the tendering firm, has not been black listed in the past 3 yrs. by any Government/ private institution. c) The vendor has to give an affidavit on a Non judicial paper that there is no vigilance / CBI case pending against the firm/ supplier/or any other firm with similar type of operation with same or some/one of the proprietors being same as of the tendering firm. 3. Financial Capability: a. Vendor should submit statement of financial standing from an authorized bank. The name 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 be rejected and security deposit will stand forfeited 4. Each tender should be accompanied by earnest money deposit of Rs 13275/-, in form of demand draft in favor of the Commissioner, Municipal Corporation of Delhi. TENDERS NOT ACCOMPANIED BY EMD WILL BE SUMMARILY REJECTED. 5. Conditional tenders will be summarily rejected. GENERAL TERMS & CONDITIONS 1) The 1 st party (HINDU RAO HOSPITAL) reserves the right to cancel the contract agreement or to withhold the payment in the event of non-commencement or unsatisfactory performance of the work contract. In such eventuality HINDU RAO HOSPITAL party further reserves to get the work done from open market or through other agencies. Further penal action may be taken against the 2 nd party (contractor) including blacklisting and his earnest money/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 Hospital should not be made a partner to the contract by the 2 nd party directly or indirectly in any manner whatsoever. 3) The contractor shall indemnify the 1 st party (Hindu Rao Hospital) against all other damages/charges and expenses for which the Hindu Rao Hospital may be held liable or pay on account of the negligence of the 2 nd party or his servants or any person under his control whether in respect of accident, injury to the person or damages to the property of

7 any member of the public or any person or in executing the work or otherwise and against all claims and demands thereof. 4) If any information furnished by 2 nd party is found to be incorrect at any time, the contract is liable to be terminated without any notice and the security deposit is liable to be forfeited by the Hindu Rao Hospital. 5) The individual signing the quotation form or any document forming part of the contract on behalf of 2 nd party, shall be responsible to produce a proper power of attorney duly executed in his favour stating that he has authority to bind other such person of the firm as the case may be in all matters pertaining to the contract including the arbitration clauses. If subsequently the person so signing fails to provide the said power of attorney within a reasonable time, the Hindu Rao Hospital may, without prejudice to other civil and criminal remedies cancel the contract and hold the signatory liable to all cost and damages. In case of registered or unregistered partnership firm, all the partners should sign the quotations. In case of any person signing the agreement on behalf of limited company or firm, he/she will produce a letter of authority/resolution passed by the company empowering him/her to sign the agreement on behalf of the company or firm. 6) The workers whose services are provided by the 2 nd party, shall at all times and for all purposes be the employees of the 2 nd party and on no account personnel so appointed and recruited by the 2 nd party will have any claim for appointment, continuous recruitment or regularization etc. against the Hindu Rao Hospital(1 st party). 7) The 2 nd party shall comply with the labour laws applicable and the Hindu Rao Hospital shall not 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 of India/Hindu Rao Hospital if obliged to pay compensation to such person employed by the 2 nd party in execution of the work, the GOI/state Govt./Hindu Rao Hospital will be entitled to recover from the contractor the amount of compensation so paid. 9) The firm will verify the antecedents of all employees working by police verification and will keep attendance and other relevant records at it s cost and will produce these on demand of any authority. 10) The contractor, himself, shall be responsible for any type of statutory/mandatory claims or penalties 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 have to 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 person deployed by the contractor and no cooking/lodging will be allowed in the premises of the Hindu Rao Hospital at any time. 13) The Biomedical waste management services (as defined in the scope of work) shall be meant for the whole Hindu Rao Hospital premises. 14) The provision of appropriate manpower, material supplies, required for performing the work awarded, 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 Rao Hospital. 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 the knowledge of the Hindu Rao Hospital authorities then responsibility for all such activities shall be of the contractor and any loss owing to negligence or mishandling by the staff employed by the contractor, the contractor shall himself be responsible to make good for the 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 premises of Hindu Rao Hospital or do anything which may cause unnecessary disturbance or inconvenience to other working there as well as to the general public in the Hindu Rao Hospital premises and near to it. 18) The Hindu Rao Hospital will deduct Income Tax at source under section 194-c of the Income Tax Act, 1961 from the contractor. 19) In case the agency fails to execute the job after signing the agreement/deed or leave the job before completion of the period of contract at their own accord, the Medical Superintendent shall have the right to forfeit the security money deposited by the agency for the execution of the contract. 20) The contract can be terminated by the first party (Medical superintendent, HINDU RAO HOSPITAL, New Delhi) by giving one months notice. The second party (the contractor) if

8 so desire to terminate the contract will be required to give three month s notice or till Hindu Rao 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 the agreement or there is a breach of any terms and conditions of the contract HINDU RAO 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 market at the competitive rates. The defaulting contractor may be blacklisted as per clause stated above 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 the schedule time. The penalty clauses will be strictly imposed for unsatisfactory work or failure to complete the work within schedule time, then the contractor may be penalized i.e. 1% of the cost of order. 2) For any breach of contract, Medical Superintendent or duly constituted committee by Medical Superintendent shall be entitled to impose a penalty to the extent of Rs. 1000/- only on the first occasion upon the agency in the event of breach, violation or contravention of any of the terms and 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. The decision of the said officer/committee in this regard shall be final and binding upon the agency. 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 or contravention of any of the terms and conditions as well as assigned duties and responsibilities). a) If the personnel working for the awarded work are not found in proper uniform and displaying 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 in their part to do so within a period of one month, the loss shall be made good equivalent to purchase cost by encashment of security deposit and if the amount of loss or damage exceeds the amount of security deposit, then the amount will be recovered from the bill in one or more installments. 5) In the event of any dispute arising out in connection with the interpretation of any clause in the terms and condition of the contract, agreement, or otherwise the matter shall be referred to the Arbitrator as appointed by the Medical Superintendent, HINDU RAO HOSPITAL. 6) The courts at Delhi/New Delhi shall have jurisdiction in connection with any dispute/litigation arising out of this contract. 7) The contractor shall be bound to provide the services for a period of three months in excess of the contracted period on the contract rates or till the finalization of fresh tender if so, desired by the HINDU RAO HOSPITAL. Force majeure Any failure of omission or commission to carry out the provision of this Agreement by the contractor shall not give rise to any claim by one party, one against the other, if such failure of omission or commission 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 beyond the parties control including war(whether declared or not) civil war or stage of insurrection, provided that notice of the occurrence of any event by either party to the other shall be given within two

9 weeks from the date of occurrence of such an event which could be attributed to Force majure conditions. Waiver At any time any indulgence or concession granted by HINDU RAO HOSPITAL shall not alter or invalidate the terms of the contract nor constitute the waiver of any of the provision hereof after such time, indulgence or concession shall have been granted. Further the failure of HINDU RAO HOSPITAL to enforce at any time any of the provisions of the contract or to exercise any option which is herein provided, shall in no way be construed to be waiver of such provisions nor in any way affect the validity of the contract or any part thereof or the right of HINDU RAO HOSPITAL to enforce the same in part or in entirety of it. Waiver, if any, has to be in writing.

10