BIOMEDICAL EQUIPMENT RESOURCE CENTER (BERC)eproc.punjab.gov.pk/BiddingDocuments/50484955/4949/... · BIOMEDICAL EQUIPMENT RESOURCE CENTER (BERC) GOVERNMENT OF THE PUNJAB PRIMARY &

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BIDDING DOCUMENT

TORs

TAGGING OF BIO-MEDICAL EQUIPMENT IN 315 RHC’s & 700 BHU’s (24 x 7)

BIOMEDICAL EQUIPMENT RESOURCE CENTER (BERC)

GOVERNMENT OF THE PUNJAB

PRIMARY & SECONDARY HEALTHCARE DEPARTMENT 37-D, Main Gulberg, off Zafar Ali Road, Lahore

Tagging of Bio-Medical Equipment in RHC’s and BHU’s

Government of the Punjab, Primary & Secondary Healthcare Department

1. Government of the Punjab, Primary & Secondary Healthcare Department intents to hire a third party for Tagging and pasting of QR Codes Sticker of Bio-Medical equipment available in 315 Rural Health Centers (RHC’s) and 700 Basic Health Units 24 x 7 (BHU’s)

2. Bio-Medical equipment need to be tagged with QR Code Stickers along with generation of accurate database as mentioned in the TORs.

3. The Department invites the Proposal from suitable foreign/ international and/or national credible firms/ organizations/ JVs having experience of data collection, printing of QR Tags, compilation, Computerization, processing, QR tagging, etc.

4. The selected firm/ organization will send their Technical Persons to each health facility for tagging as mentioned in TORs

5. Complete TORs along with documents required for mapping can be downloaded from the web site of Punjab Procurement Regulatory Authority (www.ppra.punjab.gov.pk) & (www.pshealth.punjab.gov.pk). But a bidding document

fee of RS 1000/- shall be deposited at Biomedical Equipment Resource Centre (BERC), 37-D Main Gulberg Off Zafar Ali Road, Lahore.

6. All Interested parties are required to submit their proposal in sealed envelope marked with “Proposal: Tagging of the Bio-Medical Equipment in RHC’s & BHU’s”

till 13.12.2017 (Wednesday) at 1100 hours at Procurement Cell, Primary and

Secondary Healthcare Department, 37-D, Main Gulberg, off Zafar Ali Road, Lahore, which will be opened on the same day at 1130 hours in the presence of the representative of the firms who choose to attend..

6. The selection of firm/ organization will be carried out in accordance with the Punjab procurement Rules 2014.

INVITATION FOR BIDSTagging of Bio-Medical Equipment in RHC's and BHU's

DirectorBiomedical Equipment Resource Center (BERC), Primary & Secondary Healthcare Department

Focal Person: Engr. Muhammad Ali|Contact No: 042-99056205

http://www.ppra.punjab.gov.pk/

http://www.pshealth.punjab.gov.pk/



GENERAL INSTRUCTIONS

A. General

1. Scope of Bids 1.1 In connection with the proposal, the Procuring Agency, issues

this Document to applicants interested in bidding for HIRING

OF THIRD PARTY FOR TAGGING OF BIO-MEDICAL EQUIPMENT

in Rural Health Centers (RHC) and Basic Health Units (BHU’s) of

the Punjab.

2. Corrupt Practice 2.1 (a) In pursuance of this policy, the following terms are defined:

(i) “Corrupt Practice” is the offering, giving, receiving or

soliciting, directly or indirectly, of anything of value to

influence improperly the actions of another party;

(ii) “Fraudulent Practice” is any act or omission, including

a misrepresentation, that knowingly or recklessly

misleads, or attempts to mislead, a party to obtain a

financial or other benefit or to avoid an obligation;

(iii) “Collusive Practice” is an arrangement between two or

more parties designed to achieve an improper

purpose, including influencing improperly the actions

of another party;

(iv) “Coercive Practice” is impairing or harming, or

threatening to impair or harm, directly or indirectly,

any party or the property of the party to influence

improperly the actions of a party;

(v) “Obstructive Practice” is deliberately destroying,

falsifying, altering or concealing of evidence material to

the investigation or making false statements to

investigators in order to materially impede a Bank

investigation into allegations of a corrupt, fraudulent,

coercive or collusive practice; and/or threatening,

harassing or intimidating any party to prevent it from

disclosing its knowledge of matters relevant to the

investigation or from pursuing the investigation; or

(b) the Procuring Agency will reject a proposal for award if it

determines that the bidder recommended for award has,

directly or through an agent, engaged in corrupt, fraudulent,

collusive, coercive or obstructive practices in competing for the

contract in question;



(c) the Procuring Agency will sanction a firm or individual,

including declaring ineligible, either indefinitely or for a stated

period of time, to be awarded a contract if it, at any time,

determines that the firm has, directly or through an agent,

engaged in corrupt, fraudulent, collusive, coercive or

obstructive practices in competing for, or in

(d) Procuring Agency will have the right to require that a

provision be included in bidding documents requiring bidders,

suppliers and manufacturers and their agents to permit the

Procuring Agency to inspect their accounts and records

and other documents relating to the bid submission and

contract performance and to have them audited by auditors

appointed by the Purchaser;

3. Eligible Applicants 3.1

3.2

3.3

3.4

An Applicant can be a private, or public entity, or any

combination of public or private entities; Agents/ Partners of

foreign manufacturers, JV.

Firms of a country may be excluded from bidding if as a matter

of law or official regulation, the Government of Pakistan

prohibits commercial relations with that country or for other

reasons.

A firm declared disqualified / blacklisted by any of the

private/public sector organization in Pakistan shall be

ineligible to bid for a contract during the period of embargo.

Applicants and all parties constituting the Applicant shall not

have a conflict of interest. Applicants shall be considered

to have a conflict of interest, if they participated as a consultant

in the preparation of the technical specifications of the goods

that are the subject of this prequalification. Where a firm, or a

firm from the same economic or financial group, in addition to

consulting, also has the capability to manufacture or supply

goods or to construct works, that firm, or a firm from the same

economic or financial group, cannot normally be a supplier of

goods or works, if it provided consulting services for the

contract corresponding to this prequalification, unless it can be

demonstrated that there is not a significant degree of

common ownership, influence or control.

B. Submission



4. Sealing and Identification 4.1 The Applicant shall enclose the original bid in a sealed

envelope that shall:

a) bear the name and address of the Applicant;

b) be addressed to the Procuring Agency

c) bear the specific identification of process indicated in

the documents

5. Deadline for Submission of Bids

5.1

5.2

Applicants will submit their bids by hand. Bids shall be

received by the Primary & Secondary Healthcare

Department at the address and no later than the deadline

indicated in the proposal.

The Procuring Agency may, at its discretion, extend the

deadline for the submission of bids by amending the

Prequalification Document in which case all rights and

obligations of the Procuring Agency and the Applicants

subject to the previous deadline shall thereafter be subject

to the deadline as extended.

6. Late Bids 6.1

Any bid received by the Procuring Agency after the deadline for

submission of bids will not be entertained.

7. Opening of Bids 7.1

7.2

The Procuring Agency shall open all Bids at the date, time and

place as specified. Late Bids shall not be accepted.

Procuring Agency shall prepare a record of the opening of bids

that shall include the name and other details of the Applicant.

C. Procedures for Evaluation of Bids

8. Confidentiality 8.1

8.2

Information relating to the evaluation of bids, and

recommendation, shall not be disclosed to Applicants or any

other persons not officially concerned with such process until

the notification is made to all Applicants.

From the deadline for submission of bids to the time of

notification of the results of the prequalification, any

Applicant that wishes to contact the Procuring Agency on any

matter related to the process, may do so but only in writing.



9. Clarification of Bids 9.1

9.2

To assist in the evaluation of bids, the Procuring Agency may,

at its discretion, ask any Applicant for a clarification of its bid

which shall be submitted within a stated reasonable period.

Any request for clarification and all clarifications shall be in

writing.

If an Bidder does not provide clarifications of the

information requested by the deadline, the bid shall be

evaluated based on the information and documents

available at the time of evaluation of the bid.

10. Responsiveness of Bids 10.1

All bids not responsive to the requirements of the procuring

agency shall be rejected.

D. Evaluation

11. Evaluation of Bids 11.1

11.2

The Procuring Agency shall use the requirements defined in the

documents.

Physical Verification of data contained in the bid will be

conducted by an Inspection Team, if required. The firm will not

be considered, if found variation between submitted data and

on grounds reality.

12. Procuring Agency’s Right to Accept or Reject Bids

12.1

12.2

The Procuring Agency reserves the right to accept or reject all

the bids, and to annul the process, without thereby

incurring any liability to Applicants as per PPRA 2014.

After evaluation, the Department may review the bid of any

firm on some serious complaints and terminate the status, if

proved.

13. Notification of Evaluation 13.1 Once the Procuring Agency has completed the evaluation of

the bids, it shall notify all Applicants in writing indicating their

status as to qualified or ineligible.

14. Arbitration 14.1 Arbitrator will be decided jointly by both the parties. The

decision of the Arbitrator will be final on all matters.



(Contract Value Rs. XXXX)

Name of 3rd Party and its Address

Government of the Punjab

Primary & Secondary Healthcare Department





CONTRACT This CONTRACT for TAGGING OF BIO-MEDICAL EQUIPMENT (hereinafter called the “Contract”) is

made the XX day of the month of XXX, 2017 between, on the one hand, Secretary, Government of

the Punjab, Primary & Secondary Healthcare Department (hereinafter called the “Procuring

Agency”) and, on the other hand, Firm and its Address (hereinafter called the “Third Party”).

WHEREAS:

(a) The Procuring Agency has requested the Third Party to provide certain services as defined in

this Contract (hereinafter called the “Services”); and

(b) The Third Party, having represented to the Procuring Agency that it has the required

professional skills, expertise and technical resources, has agreed to provide the Services on

the terms and conditions set forth in this Contract.

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of

this Contract:

(a) Technical Proposal

(b) Letter of Intent

(c) The General Conditions of Contract;

(d) The Special Conditions of Contract;

(e) Execution Plan

(f) Appendices:

In the event of any inconsistency between the documents, the following order of precedence shall

prevail: the Special Conditions of Contract; the General Conditions of Contract, Appendices.

2. The mutual rights and obligations of the Procuring Agency and the Third Party shall be

as set forth in the Contract, in particular:

(a) The Third Party shall carry out the Services in accordance with the provisions of

the Contract; and



(b) The Procuring Agency shall make payments to the Third Party in accordance with

the provisions of the Contract.

IN WITNESS WHEREOF, the duly authorized Representatives of Parties hereto have caused this

Contract to be signed in their respective names as of the day and year first above written.

Secretary Government of the Punjab Primary & Secondary Healthcare Department [Procuring Agency]

[Third Party]

Witness

Witness

Name: Name:

Address: Address:

CNIC # CNIC #



GENERAL CONDITIONS OF CONTRACT

A. GENERAL PROVISIONS

1. Definitions 1.1. Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:

(a) “Applicable Law” means the laws and any other instruments having the force of law in the Procuring Agency’s country, as they may be issued and in force from time to time.

(b) “Procuring Agency” means [the implementing/ executing] agency that signs the Contract for the Services with the Selected Third Party.

(c) “Third Party” means a legally-established professional consulting firm or entity selected by the Procuring Agency to provide the Services under the signed Contract.

(d) “Contract” means the legally binding written agreement signed between the Procuring Agency and the Third Party and which includes all the attached documents of the Form of Contract (the General Conditions (GCC), the Special Conditions (SCC), and the Appendices).

(e) “Day” means a working day unless indicated otherwise.

(f) “Effective Date” means the date on which this Contract comes into force and effect.

(g) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Third Party, Sub-Third Party or JV member(s) assigned by the Third Party to perform the Services or any part thereof under the Contract.

(h) “GCC” means these General Conditions of Contract.

(i) “Government” means the government of the Procuring Agency’s country.

(j) “Joint Venture (JV)” means an association with or without a legal personality distinct from that of its members, of more than one entity where one member has the authority to conduct all businesses for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Procuring Agency for the performance of the Contract.

(k) “Key Expert(s)” means an individual professional (s) whose skills, qualifications, knowledge and experience are critical to the performance of the Services under the Contract and whose Curricula Vitae (CV) was taken into account in the technical evaluation of the Third Party’s proposal.

(l) “Local Currency” means the currency of the Procuring Agency’s country.



(m) “Non-Key Expert(s)” means an individual professional (s) provided by the Third Party.

(n) “Party” means the Procuring Agency or the Third Party, as the case may be, and “Parties” means both of them.

(o) “SCC” means the Special Conditions of Contract by which the GCC may be amended or supplemented but not over-written.

(p) “Services” means the work to be performed by the Third Party pursuant to this Contract, as described in Appendix hereto.

(q) “Other Party” means any person or entity other than the Government, the Procuring Agency, and the Third Party.

2. Law Governing Contract

2.1. This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.

3. Language 3.1. This Contract has been executed in English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

4. Communications 4.1. Any communication required or permitted to be given or made pursuant to this Contract shall be in writing in the language specified. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Third Party to whom the communication is addressed, or when sent to such Third Party at the address.

4.2. The Third Party may change its address for notice here under by giving the other Party any communication of such change to the address specified.

5. Location 5.1. The Services shall be performed at such locations as are specified in TORs, RFPs, and subsequent clarifications.

6. Authority of Member in Charge

6.1. The Third Party would authorize the member to act on their behalf in exercising all the Third Party’s rights and obligations towards the Procuring Agency under this Contract.

7. Authorized Representatives

7.1. Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Procuring Agency or the Third Party may be taken or executed by the officials specified.

B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

8. Commencement of Services

8.1. The Third Party shall confirm availability of Key Experts and begin carrying out the Services immediately after signing of the contract.

9. Expiration of Contract

9.1. Unless terminated earlier, this Contract shall expire at the end of time period mentioned.

10. Entire Agreement 10.1. This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has



authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein.

11. Force Majeure

a. Definition 11.1. For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable, and makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible under the circumstances, and subject to those requirements, includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action, confiscation or any other action by Government agencies. 11.2. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Experts, Sub-Third Party or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both take into account at the time of the conclusion of this Contract, and avoid or overcome in the carrying out of its obligations hereunder. 11.3. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.

b. No Breach of Contract

11.4. The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.

c. Measures to be Taken

11.5. A Party affected by an event of Force Majeure shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall take all reasonable measures to minimize the consequences of any event of Force Majeure. 11.6. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any case not later than fourteen (14) calendar days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible. 11.7. Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. 11.8. During the period of their inability to perform the Services as a result of an event of Force Majeure, the Third Party, upon instructions by the Procuring Agency, shall:

(a) Continue with the Services to the extent reasonably possible, in which case the Third Party shall continue to be paid under the terms of this Contract.



11.9. In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled accordingly.

12. Suspension 12.1. The Procuring Agency may, by written notice of suspension to the Third Party, suspend all payments to the Third Party hereunder if the Third Party fails to perform any of its obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Third Party to remedy such failure within a period not exceeding thirty (30) calendar days after receipt by the Third Party of such notice of suspension.

13. Termination 13.1. This Contract may be terminated by either Party as per provisions set up below:

a. By the Procuring Agency

13.2. The Procuring Agency may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause. In such an occurrence the Procuring Agency shall give at least thirty (30) calendar days’ written notice of termination to the Third Party in case of the events referred to in (a) through (d); at least sixty (60) calendar days’ written notice in case of the event referred to in (e); and at least five (5) calendar days’ written notice in case of the event referred to in (f):

(a) If the Third Party fails to remedy a failure in the performance of its obligations hereunder, as specified in a notice of suspension;

(b) If the Third Party becomes (or, if the Third Party consists of more than one entity, if any of its members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;

(c) If the Third Party fails to comply with any final decision reached as a result of arbitration proceedings;

(d) If, as the result of Force Majeure, the Third Party is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days;

(e) If the Procuring Agency, in its sole discretion and for any reason whatsoever, decides to terminate this Contract;

(f) If the Third Party fails to confirm availability of Key Experts as required.

13.3. Furthermore, if the Procuring Agency determines that the Third Party has engaged in corrupt, fraudulent, collusive, coercive [or obstructive] practices, in competing for or in executing the Contract, then the Procuring Agency may, after giving fourteen (14) calendar days’ written notice to the Third Party, terminate the Third Party's employment under the Contract.

b. By the Third Party

13.4. The Third Party may terminate this Contract, by not less than thirty (30) calendar days’ written notice to the Procuring Agency, in case of the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause.



(a) If the Procuring Agency fails to pay any money due to the Third Party pursuant to this Contract and not subject to dispute within twenty (20) calendar days after receiving written notice from the Third Party that such payment is overdue.

(b) If, as the result of Force Majeure, the Third Party is unable to perform a material portion of the Services for a period of not less than thirty (30) calendar days.

(c) If the Procuring Agency fails to comply with any final decision reached as a result of arbitration.

(d) If the Procuring Agency is in material breach of its obligations pursuant to this Contract and has not remedied the same within twenty (20) days (or such longer period as the Third Party may have subsequently approved in writing) following the receipt by the Procuring Agency of the Third Party’s notice specifying such breach.

c. Cessation of Rights and Obligations

13.5. Upon termination of this Contract or upon expiration of this Contract, all rights and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth, (iii) the Third Party’s obligation to permit inspection, copying and auditing of their accounts and records set forth, and (iv) any right which a Party may have under the Applicable Law.

d. Cessation of Services

13.6. Upon termination of this Contract by notice of either Party to the other, the Third Party shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Third Party and equipment and materials furnished by the Procuring Agency, the Third Party shall proceed as provided, respectively.

e. Payment upon Termination

13.7. Upon termination of this Contract, the Procuring Agency shall make the following payments to the Third Party:

(a) Payment for Services satisfactorily performed prior to the effective date of termination; and

(b) In the case of termination, reimbursement of any reasonable cost incidental to the prompt and orderly termination of this Contract.

C. OBLIGATIONS OF THE THIRD PARTY

14. General:

a. Standard of Performance

14.1. The Third Party shall perform the Services and carry out the Services with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound



management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Third Party shall always act, in respect of any matter relating to this Contract or to the Services, as a faithful adviser to the Procuring Agency, and shall at all times support and safeguard the Procuring Agency’s legitimate interests in any dealings with the other parties.

14.2. The Third Party shall employ and provide such qualified and experienced Experts as are required to carry out the Services.

b. Law Applicable to Services

14.3. The Third Party shall perform the Services in accordance with the Contract and the Applicable Law and shall take all practicable steps to ensure that any of its Experts, comply with the Applicable Law which is Pakistan’s Law.

15. Conflict of Interests 15.1. The Third Party shall hold the Procuring Agency’s interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests.

16. Confidentiality 16.1. Except with the prior written consent of the Procuring Agency, the Third Party and the Experts shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Third Party and the Experts make public the recommendations formulated in the course of, or as a result of, the Services.

17. Accounting, Inspection and Auditing

17.1. The Third Party shall keep, and shall make all reasonable efforts to keep, accurate and systematic accounts and records in respect of the Services and in such form and detail as will clearly identify relevant time changes and costs.

18. Reporting Obligations 18.1. The Third Party shall submit to the Procuring Agency the reports and documents regularly which will also keep track the activities in right directions as per requirements.

19. Proprietary Rights of the Procuring Agency in Reports and Records

19.1. All reports and relevant data and information such as maps, diagrams, plans, databases, other documents and software, supporting records or material compiled or prepared by the Third Party for the Procuring Agency in the course of the Services shall be confidential and become and remain the absolute property of the Procuring Agency. The Third Party shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Procuring Agency, together with a detailed inventory thereof. The Third Party may retain a copy of such documents, data and/or software but shall not use the same for purposes unrelated to this Contract without prior written approval of the Procuring Agency. The Third Party will provide all documentation including software and its code.

20. Equipment, Vehicles and Materials

20.1. Equipment, vehicles and materials, if made available to the Third Party by the Procuring Agency, or purchased by the Third Party wholly or partly with funds provided by the Procuring Agency, shall be the property of the Procuring Agency and shall be marked accordingly. Upon termination or expiration of this Contract, the Third Party shall make available to the Procuring Agency an inventory of such equipment, vehicles and materials



and shall dispose of such equipment, vehicles and materials in accordance with the Procuring Agency’s instructions. While in possession of such equipment, vehicles and materials, the Third Party, unless otherwise instructed by the Procuring Agency in writing, shall insure them at the expense of the Procuring Agency in an amount equal to their full replacement value.

20.2. Any equipment or materials brought by the Third Party or its Experts into the Procuring Agency’s country for the use either for the project or for personal use shall remain the property of the Third Party or the Experts concerned, as applicable.

D. THIRD PARTY’S EXPERTS

21. Replacement of Key Experts

21.1. Except as the Procuring Agency may otherwise agree in writing, no changes shall be made in the Key Experts.

21.2 Notwithstanding the above, the substitution of Key Experts during Contract execution may be considered only based on the Third Party’s written request and due to circumstances outside the reasonable control of the Third Party, including but not limited to death or medical incapacity. In such case, the Third Party shall forthwith provide as a replacement, a person of equivalent or better qualifications and experience, and at the same rate of remuneration.

22. Removal of Experts 22.1. If the Procuring Agency finds that any of the Expert(s) has committed serious misconduct or has been charged with having committed a criminal action, or shall the Procuring Agency determine that Third Party’s Expert have engaged in corrupt, fraudulent, collusive, coercive [or obstructive] practice while performing the Services, the Third Party shall, at the Procuring Agency’s written request, provide a replacement.

22.2. In the event that any of Key Expert(s), Non-Key Expert(s) is found by the Procuring Agency to be incompetent or incapable in discharging assigned duties, the Procuring Agency, specifying the grounds therefor, may request the Third Party to provide a replacement.

22.3. Any replacement of the removed Experts shall possess better qualifications and experience and shall be acceptable to the Procuring Agency.

22.4. The Third Party shall bear all costs arising out of or incidental to any removal and/or replacement of such Expert(s).

E. OBLIGATIONS OF THE PROCURING AGENCY

23. Assistance and Exemptions

23.1. The Procuring Agency shall use its best efforts to:

(a) Assist the Third Party in getting work permissions for the health facilities and such other documents as shall be necessary to enable the Third Party to perform the Services.



(b) Issue to officials, agents and representatives of the Government all such instructions and information as may be necessary or appropriate for the prompt and effective implementation of the Services.

(e) Provide to the Third Party any such other assistance as may necessary in execution of services.

24. Access to Health Facilities

24.1. The Procuring Agency warrants that the Third Party shall have, free of charge, unimpeded access to the health facilities in respect of which access is required for the performance of the Services.

25. Change in the Applicable Law Related to Taxes and Duties

25.1. If, after the date of this Contract, there is any change in the applicable law in the country with respect to taxes and duties which increases or decreases the cost shall be incurred by the Third Party in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Third Party under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the Contract price amount.

F. PAYMENTS TO THE THIRD PARTY

26. Contract Price 26.1. The Contract price is fixed as mentioned in the Special Condition of Contract, which shall be paid after 100 % successful completion and acceptance of the Project.

26.2. Any change to the Contract price can be made only if the Parties have agreed to the revised scope of Services and have amended in writing the Terms of Reference.

27. Taxes and Duties 27.1. The Third Party and Experts are responsible for meeting any and all tax liabilities arising out of the Contract.

28. Currency of Payment 28.1. Any payment under this Contract shall be made in the PKR.

29. Mode of Billing and Payment

29.1. Subject to clause 25 hereof, the total payments under this Contract shall not exceed the Contract price set forth.

29.2. The payments under this Contract shall be made in lump-sum against deliverables and completing the scope of work and shall be made only after the Final Report, data, Printing & repasting of QR Tags, Dashboard , Upgradation of Online portal & android app and approved as satisfactory by the Procuring Agency. The Services shall then be deemed completed and finally accepted by the Procuring Agency.

However, in case of availability of the funds earlier than the completion, the procuring agency may consider making some partial payments.

G. FAIRNESS AND GOOD FAITH

30. Good Faith 30.1. The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.



H. SETTLEMENT OF DISPUTES

31. Amicable Settlement 31.1. The Parties shall seek to resolve any dispute amicably by mutual consultation.

31.2. If either Party objects to any action or inaction of the other Party, the objecting Party may file a written Notice of Dispute to the other Party providing in detail the basis of the dispute. The Party receiving the Notice of Dispute will consider it and respond in writing within fourteen (14) days after receipt. If that Party fails to respond within fourteen (14) days, or the dispute cannot be amicably settled within fourteen (14) days following the response of that Party, the decision will be made by the Additional Chief Secretary, Punjab; being an Arbitrator.

32. Dispute Resolution 32.1. Any dispute between the Parties arising under or related to this Contract that cannot be settled amicably may be referred to by either Party to the adjudication/arbitration.



SPECIAL CONDITIONS OF CONTRACT

33. General Scope 33.1 Special Conditions of Contract are hereby concluded between the

Procuring Agency and the successful bidder 3rd Party as per specific

requirement of the specific project. In case where there is a conflict

between the general conditions of the contract and the special conditions

of contract, the special condition of contract shall prevail.

33.2 The work/services should be carried out as per terms and conditions of the RFPs, TORs, subsequent clarifications and the implementation plan submitted by the Party that includes the Tagging, Development Online Portal & Android Application, Geo-Tagging of RHC’s and BHU’s, Dashboard and Data Compilation and Software including mobile bids for following articles:

a Bio-Medical Equipment excluding thermometer, stethoscope where QAR code is not possible to paste.

b Ward Equipment includes patient’s related items like Beds, Trolleys, Cupboards, Stretchers, Tables; Cylinders will be included in this project.

Following are the details needed in the Website and Android application

that needs to be upgraded:

Segregate items/equipment with categories. Details of all parameters, which need to be integrated, will be provided by P&SHD.

Capability to Add/Edit/Delete all parameters

Incorporation on images (pics) in database with the respective item.

Add/Edit/Delete Images for all the Hospital/Equipment

Geo-Tagging of all RHC’s & BHU’s (24 x7).

User Rights: Admin, User, View Only (Data Export)

Complete audit trail of users

Integration of users with Active Directory

Complete and comprehensive search and filters of any records in the system.

Bulk data upload from excel sheet. (Import Data)

Must be able to check the duplicate records in case of manual or bulk up load of data.

Must be able to Export data to excel and PDF formats.

Must Generate QR code for each record, which will be queried from companion Android APP in the live environment through Internet.

Bid must be web based.

Companion Android APP needed to scan QR code generated by the web portal.



Complete updated data must display after scanning QR code on mobile from web server.

Android APP must have the settings to input the web server name/IP address and User name/password.

Must have comprehensive reporting built-in.

Must be able to generate reports to Category wise (combined, segregated), hospitals/equipment vise, location wise, District wise, Tehsil wise, City wise, and with the combination of all these.

Online Portal must be hosted at the department’s servers.

Complete Source-code and comprehensive documentation related to online portal must be provided.

Admin and User Manuals must be provided separately in the form of PDF format.

33.3 “Stickers” having QR Codes imprinted on it will be used for tagging of Bio-Medical Equipment. Moreover, the stickers should be thermally printed, non-removable, laminated, wipe able and washable. Size of warranty stickers will be approximately 70mm x 60mm. The department will provide reference Sample of Sticker.

33.4 The quality of the PVC sticker shall be such that it should not be removed once pasted. It should be washable and wipe able.

33.5 The Photograph of the article should be captured with high quality HD camera for visibility and its QAR code must be visible in that photograph.

33.6 A data base will be generated for storing all information. A software for mobile bid will be developed

33.7 The Performance Security/ Bank 5 % will be discharged after 100% successful completion of the work/services verified by the Primary & Secondary Healthcare Department a clearance letter/NOC will be issued by the Procuring Agency.

33.8 The firm will sample one hospital as a pilot and will start next on the approval of that sample/ template.

33.9 Director (BERC) will be the focal person looking after the activities of this assignment.

33.10 The Party shall be deemed to have obtained all the information regarding facilities and charges, storage, transportation, congestion, Octri, licensing fee and confirmed the requirements thereof at his own responsibility and all such costs and charges are deemed to be included in the rates and prices mentioned in the Priced BOQ and the Procuring Agency will not pay any amount over this contracted amount.

34. Payment 34.1 The payments under this Contract shall be made against deliverables and completing the scope of work and shall be made only after the 100% completion of work and approved as satisfactory by the Procuring Agency. The Services shall then be deemed completed and finally accepted



by the Procuring Agency and handed over the database, software with code.

However, in case of availability of the funds earlier than the completion, the procuring agency may consider making some partial payments.

35. Execution of Warranty

35.1 The Party will be responsible for the execution of the project within specified time mentioned in the LOI.

36. Expiration of Contract 36.1 Contract will expire on the 100% completion and acceptance of the project.

37. Contract Price 37.1 The total contract price is Pak Rs. XXXXX (in words) inclusive of all direct and indirect taxes.

38. Ownership of the documents

38.1 Complete documents, Final Report, Data Base will be the property of the Procuring Agency. The software so developed will also be the property of the procuring agency and the Third party will be bound to provide the source code to the Procuring Agency.

39. Services 39.1 The Party will carry out the work according to the terms & conditions of Request for Proposal, Terms of References, Project Implementation Plan submitted by Third Party, Data template for data collection.

40. Penalties/Liquidated damages

40.1 As per terms and conditions of the Request for Proposal.

41. Correspondence addresses

Procuring Agency The Secretary Government of the Punjab Primary & Secondary Healthcare Department

Contracting Firm

3rd Party and its Registered Address



Annex I

TORS / REQUIRED SCOPE OF WORK

1) Tagging of Bio-Medical Equipment in Rural Health Centers (RHC’s) & Basic Health Units 24 x 7 (BHU’s).

2) “Stickers” having QR Codes imprinted on it will be used for tagging of bio-medical equipment. The

nature and type of the sticker shall be of ‘’Warranty Stickers” should be thermally printed, non-

removable, colored, laminated and washable. Size of warranty stickers will be approximately

70mm x 60mm. The department will provide reference Sample of Sticker.

3) The firm will provide logistics and transportation services for execution of tasks.

4) 100 % work accuracy is required for tagging of biomedical equipment. Primary & Secondary

Healthcare Department will verify work accuracy after completion of wok.

5) The firm should tag all Bio-Medical equipment within 30 Days from the date of signing of Contract. In

case of non-completion of work within the period specified, penalty @ 2% per day of the contracted

value not exceeding than 20% of the Contract value will be imposed upon the firm/Service provider.

6) The firm will deploy 10 Teams comprising of at least 02 Bio-Medical Engineers in each team. These

teams will work simultaneously in execution of the project within 30 Days. Bio-Medical Engineers shall

be interviewed by Biomedical Equipment Resource Centre (BERC) before the start of the work. For

proper execution of the project department will keep a check and balance on the progress and quality

of work.

7) Assess the functional status of all electronic Bio-Medical equipment in terms of operational; partial

operational; down (give reasons) or disused (give reasons).

8) Reporting of Tagging should be done on daily basis without any fail.

9) The work has to be executed within the specified time as agreed upon otherwise penalty will be

incurred on the Third Party. Government of Punjab, Primary and Secondary Health Department will

assist the Firm in acquiring all the relevant data where needed.

10) Following Parameters need to be verified/filled from the database provided by the department :

i. Name of Equipment

ii. Description

iii. Serial No.

iv. Model

v. Make/Origin

vi. Year of Manufacturing

vii. Department Ownership

viii. Facility/Hospital

ix. Functional Status

x. Maintenance Status

xi. Warranty Status

xii. Maintenance Service Provider

xiii. Supplier

xiv. Purchase Date (DD/MM/YY)

xv. Installation Date (DD/MM/YY)

DOCUMENTS TO BE ATTACHED FOR VERIFICATION/ EVALUATION

1. Experience of the Firm/ Existence



2. Documents of registration as a legal entity

3. A general plan to carry out the mapping, tagging and monitoring activity

4. Details of permanent staff of the firm

5. Details of the Biomedical/Technical and Logistic that will be carrying out this exercise.

Note: The firm should have at least 10 Bio-Medical Engineers/ Bio-Medical Technicians on permanent

basis failing which proposal will be rejected.

6. List down work of general nature completed in the last 3 years

7. A proof of Firm’s Legal Status.

8. Financial turnover of last 3 years

9. Firm’s details with NTN and GST registration numbers

10. Enumerate any past litigation and arbitration incidences encountered by the firm

11. Statement on Judicial Paper if the Firm/Firms including the director and the owners is/was a subject

of bankruptcy proceedings, receivership, administration receivership, or any other form of liquidation

12. Firm applying as JV needs to clearly define the nature of the JV and their respective responsibilities.

Experiences may be scrutinized severally or jointly depending on the responsibilities defined under

JV.