Microsoft Word - RFP_Surgical_Camps Sept 2013ukhfws.org/tender/rfp_mss.doc · Web viewGOVERNMENT OF UTTARAKHAND Request for Proposal for Multi Specialty Surgical Camps across Uttarakhand

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UttarakhandHealthandFamilyWelfareSociety

GOVERNMENT OF UTTARAKHAND

Request for

Proposal for

Multi Specialty Surgical Camps

across

Uttarakhand

Pre Bid Meeting scheduled on dated 17 Jan 2015 by 11.30 AM at The Mission Director, NHM, Room # 22, Directorate of Medical Health &Family Welfare, Post Gujrada, Danda Lakhond, Sahastradhara Road, Dehradun.

Due on 31st Jan 2015

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Request For Proposal DocumentDepartment of Medical Health & Family Welfare

National Health MissionUttarakhand

Disclaimer

The information contained in this Request for Proposal (“RFP”) Document or subsequently provided to Bidder, whether verbally or in documentary form by or on behalf of the Department of Medical Health & Family Welfare, Government of Uttarakhand (“Government Representatives”) or any of their employees or Uttarakhand Public Private Partnership Cell, is provided to the Bidder on the terms and conditions set out in this RFP Document and any other terms and conditions subject to which such information is provided.

This RFP Document is not an agreement and is not an offer or invitation by the Government Representatives to any party other than the Bidders who are qualified to submit the Proposal (Bidders). The purpose of this RFP Document is to provide the Bidder with information to assist the formulation of their proposals. This RFP Document does not purport to contain all the information each Bidder may require. This RFP Document may not be appropriate for all persons, and it is not possible for the Government Representatives, their employees or advisors, Uttarakhand Public Private Partnership Cell to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFP Document. Each Bidder should conduct its own investigations and analysis and should check the accuracy, reliability and completeness of the information in this RFP Document and where necessary obtain independent advice from appropriate sources. The Government Representatives, their employees and advisors make no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of the RFP Document.

The Government Representatives may in their absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP Document.

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Request For Proposal DocumentDepartment of Medical Health & Family Welfare

Contents of RFP Document

Part I Instructions to Bidders

Part II Draft Concession Agreement

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Part I Instructions

to Bidders

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Instructions to Bidders 1

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Table of Contents

Sr.No.

Contents

Page No.

Cover Page IDisclaimer IiContent of RFP Document Iii

1 Instructions to Bidders 12 Table of Content 23 Bidding Procedure 34 Schedule of Bidding Process 215 Scope of the Project 226 Evaluation Methodology 247 Fraud and Corrupt Practices 28

Appendices1. Format for Acknowledgement of RFP Document

andNotification of Intent to Submit Proposal

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2. Format for Covering Letter cum Project Undertaking 313. Format for Anti-Collusion Certificate 354. Format for Bank Guarantee 365. Format for Financial Proposal 386. Format for Technical Capability Proposal 397. Format for Financial Capability Proposal 418. Power of Attorney for signing of Application 439. Format for Power of Attorney for Lead Member of

theConsortium

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10. Format for Joint Bidding Agreement 4811. List of attachments with the Bid 54

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1. Bidding Procedure

A. General

1.1 Scope of Proposal

Department of Medical Health & Family Welfare, Government of Uttarakhand, (hereinafter referred to as “DoMH&FWS”) invites detailed Proposals (Key

Submissions, Technical Proposal and Financial Proposals) from Bidders who fulfill the pre qualification criteria indicated in clause 1.22.2 for holding multi specialty surgical camps (hereinafter referred to as “MSSC”) in four zones – higher Himalayan, middle Himalayan and lower Himalayan across Uttarakhand.

1.1.1 The districts of State have been divided into above four zones i.e Zone (A) [Pithoragarh, Champawat and Udham Singh Nagar] Zone (B) [Almora, Bageshwar and Nainital], Zone (C) [ Pauri, Dehradun, Rudraprayag andChamoli], Zone (D) [Uttarkashi, Tehri and Haridwar]

1.1.2 Each Zone shall be treated as an individual Project. The Bidder can bid for any or all the Projects. The Bidders shall submit single Technical Proposals for all the Projects. The Bidders shall submit separate Financial Proposals for each Project.

1.1.3 The surgical camps will conduct General Surgeries (Elective and Emergency), OBG (Elective, Emergency and MTP), Family Planning Operations (Sterilization) and Eye Surgeries.

1.1.4 Department of Medical Health & Family Welfare, Government of

Uttarakhand will provide the following assistance

(a) Conduct Pre -camp IEC activities(b) Physical Facilities: OPD, OT, labour room, wards,

beds and labs etc.(c) Diagnostics: Routine and Bio-chemical tests, ECG,

Ultra- sonography &X-ray etc, whichever in available at the site and other diagnostics the institution

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holding camps will have to arrange. Themedicines available with the respectivehospital will be provided by thehospital

however as per clause 3.2 (c) the medicines shall be arranged and provided by the PPP Partner.

(d) Manpower: AvailableMedical Officers, Paramedics and

other support staff to assist in the pre-operative and post operative period only. Their requirement is to be decided inconsultation with the concerned Medical officer in- charge and Block Medical Officer.

(e) Diet to the Patients.

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1.1.5 The Proposals would be evaluated on the basis of the evaluation criteria set out in this RFP Document (“Evaluation Methodology”) in order t o i d e n t i f ythe successful Bidder for the Project (“Successful Bidder”). The Successful Bidder would then have to enter into a Concession Agreement with UKH&FWS and perform the obligations as stipulated therein, in respect of the Project.

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

1.2 Eligible Bidders

1.2.1 Bidders who fulfill the pre qualification criteria indicated in clause

1.22.2 are eligible to submit Technical and Financial Proposal in response to this RFP Document. Bidders shall acknowledge receipt of this RFP Document and notify their intention to bid for the Project in the format provided as Appendix 1.

1.2.2 Bidders shall provide such evidence of their continued eligibility to the satisfaction of DoMH&FW, as the UKH&FWS may reasonably request.

1.2.3 A Power of Attorney for signing of Proposals needs to be furnished in favour of the Authorised Signatory as per format provided in Appendix-8.

1.2.4 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. An Bidder shall be deemed to have a Conflict of Interest affecting the Bidding Process, if:

i. the Bidder, its Member or Associate (or any constituent thereof) and any other Bidder, its Member or any Associate thereof (or any constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding of an Bidder, its Member or an Associate thereof (or any shareholder thereof having a shareholding of more than 5 per cent of the paid up and subscribed share capital of such Bidder, Member or Associate, as the case may be) in the other Bidder, its Member or Associate is less than 5 per cent of the subscribed and

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paid up equity share capital thereof; provided further that this disqualification shall not apply to any ownership by a bank, insurance company, pension fund or a public financial institution referred to in section 4A of the Companies Act 1956. For the purposes of this Clause

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1.2.4 (i), indirect shareholding held through one or more intermediate persons shall be computed as follows:a. where any intermediary is controlled by a person

through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and

b. subject always to sub-clause (aa) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; provided, however, that no such shareholding shall be reckoned under this sub-clause (ba) if the shareholding of such person in the intermediary is less than 26% of the subscribed and paid up equity shareholding of such intermediary; or

ii. a constituent of such Bidder is also a constituent of another

Bidder; or

iii. such Bidder, or any Associate thereof receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Bidder, or any Associate thereof or has provided any such subsidy, grant, concessional loan or subordinated debt to any other Bidder, its Member or any Associate thereof; or

iv. such Bidder has the same legal representative for purposes of this Application as any other Bidder; or

v. such Bidder, or any Associate thereof has a relationship with another Bidder, or any Associate thereof, directly or through common third party/ parties, that puts either or both of them in a position to have access to each others’ information about, or to influence the Application of either or each other; or

vi. Such Bidder or any Associate thereof has participated as a consultant to the UKH&FWS in the

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or technical specifications of the Project.

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1.2.5 A Bidder shall be liable for disqualification if any legal, financial or technical adviser of the UKH&FWSin relation to the Project is engaged by the Bidder, its Member or any Associate thereof, as the case may be, in any manner for matters related to or incidental to the Project. For the avoidance of doubt, this disqualification shall not apply where such adviser was engaged by the Bidder, its Member or Associate in the past but its assignment expired or was terminated 6 (six) months prior to the date of issue of this RFP. Nor will this disqualification apply where such adviser is engaged after a period of 3 (three) years from the date of commercial operation of the Project.

1.2.6 For purpose of this RFP, Associate means, in relation to the Bidder/ Consortium Member, a person who controls, is controlled by, or is under the common control

with such Bidder/ Consortium Member (the “Associate”). As used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty percent) of the

voting share of such person, and with respect to a person which is not a company or corporation,

the power to direct the management and policies of such person by operation of law.

1.3 Additional Requirements for ProposalsSubmitted by a Consortium

(a) Wherever required, the Proposal shall contain the information required for each of the member of the Consortium;

(b) The Proposal shall be signed by the dulyAuthorised Signatory of the Lead Member and

shall be legally binding on all the members of the Consortium;

(c) All witnesses and sureties shall be persons of status and probity and their full names and addresses shall be stated below their signature. All signatures in the Proposal documents shall be dated.

1.4 Change in Composition of the Bidder

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1.4.1 Any change in composition of the Bidder after the Pre-Qualification stage would be at the sole discretion of UKH&FWS and with prior written permission of DoMH&FW.

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1.5 Number of Proposals

1.5.1 Each Bidder shall submit only one (1) Proposal for the Project in response to this RFP Document. Any entity, which submits or participates in more than one Proposal for the same Project will be disqualified and will alsocause the disqualificationof Consortium in which it is a member.

1.6 Proposal Preparation Cost

1.6.1 The Bidder shall be responsible for all the costs associated with the preparation of its Proposal and its participation in the bidding process. UKH&FWSwill not be responsible or in any way liable for such costs, regardless of the conduct or outcome of bidding.

1.7 Clarifications

1.7.1 Bidders requiring any clarification on the RFP Document may notify UKH&FWS in writing or by facsimile within such date as specified in the Schedule of Bidding Process. Based on its sole discretion, UKH&FWS may forward to all Bidders, copies of UKH&FWS response, including a description of the enquiry but without identifying its source.

1.8 Amendment of RFP Document

1.8.1 At any time prior to the Proposal Due Date, UKH&FWSmay, for any reason, whether at its own initiative or in response to clarifications requested by a Bidder, modify the RFP Document by the issuance of Addenda.

1.8.2 Any Addendum thus issued will be sent in writing to all the Bidders who have received and acknowledged the RFP Document and will be binding upon them. Bidders shall promptly acknowledge receipt thereof to UKH&FWS.

1.8.3 In order to afford Bidders reasonable time in which to take an Addendum into account, or for any other reason, UKH&FWSmay, at its own discretion, extend the Proposal Due Date.

B. Preparation and Submission of Proposal

1.9 Language and Currency15

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1.9.1 The Proposal and all related correspondence and documents shall be written in the English language. Supporting documents and printed literature furnished by the Bidder with the Proposal may be in any other language provided that they are accompanied by an appropriate translation into English. Supporting materials that are not translated into English may not be considered. For the purpose of interpretation and evaluation of the Proposal, the English language translation shall prevail.

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1.9.2 The currency for the purpose of the Proposal shall be the Indian

Rupee (INR).

1.10 Bid Security

1.10.1 Proposals would need to be accompanied by a Bid Security for an amount of Rs 50,000.00 (Rs Fifty Thousand only) forEACH PROJECT, in the form of a bank guarantee issued by a Scheduled Bank in India in favour of The Mission Director, National Rural Health mission (NRHM), Government of Uttarakhand and having a validity period of not less than 180 days from the Proposal Due Date, inclusive of a claim period of 60 days, and may be extended as may be mutually agreed between UKH&FWSand the Bidder from time to time. For the avoidance of doubt, Scheduled Bank shall mean a bank as defined under Section 2 (e) of the Reserve Bank of India Act, 1934.

1.10.2 The Bid Security shall be kept valid through the Proposal Validity Period and would be required to be extended if so required by UKH&FWS.

1.10.3 The Bid Security shall be returned to unsuccessful Bidders within a period of thirty (30) days from the date of announcement of the Successful Bidder. The Bid Security submitted by the Successful Bidder shall be released upon furnishing of the Performance Security in the form and manner stipulated in the Draft Concession Agreement.

1.10.4 The Successful Bidder Bid Security will be returned, without any interest, upon the signing of the Concession Agreement and furnishing thePerformance Security in accordance with the provisions thereof.

1.10.5 The Bid Security shall be forfeited in the following cases:

(a) If the Bidder withdraws its Proposal except as provided in

Clause 1.18;

(b) If the Bidder withdraws its Proposal during the interval between the Proposal Due Date and expiration

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of the Proposal Validity Period; and

(c) If the Successful Bidder fails to provide the Performance Security within the stipulated time or any extension thereof provided by UKH&FWS.

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1.11 Validity of Proposal

1.11.1 The Proposal shall indicate that it would remain valid for a period not less than nine (9) months from the Financial Proposal Due Date (Financial Proposal Validity Period). UKH&FWS reserves the right to reject any Proposal that does not meet this requirement.

1.11.2 Prior to expiry of the original Proposal Validity Period, UKH&FWSmay request that the Bidders extend the period of validity for a specified additional period. A Bidder may refuse the request without forfeiting its Bid Security. A Bidder agreeing to the request will not be allowed to modify its Proposal, but would be required to extend the validity of its Bid Security for the period of extension and comply with Clause 1.10 of this document in all respects.

1.11.3 The Successful Bidder shall extend the Proposal Validity Period till the date of execution of the Concession Agreement.

1.12 Bidder’s Responsibility

1.12.1 The Bidder is expected to examine carefully the contents of all the documents provided. Failure to comply with the requirements of RFP Document will be at the Bidder’s own risk.

1.12.2 It would be deemed that prior to the submission of Proposal, the

Bidder has:

(a) made a complete and careful examination of requirements, and other information set forth in this RFP Document;

(b) received all such relevant information as it has requested from UKH&FWS; and

(c) made a complete and careful examination of the various aspects of the Project including but not limited to:

(i) the conditions of the access roads and utilities in the vicinity of the Project Site

(ii) conditions affecting transportation,access, disposal, handling and

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storage of the materials(iii) clearances obtained by UKH&FWS for the

Project; and

(iv) All other matters that might affect the Bidder’s performance under the terms

of this RFP Document.

1.12.3 UKH&FWSshall not be liable for any mistake or error or neglect by the Bidder in respect of the above.

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1.14 Format and Signing of Proposal

1.14.1 Bidders would provide all the information as per this RFP Document and in the specified formats. UKH&FWSreserves the right to reject any Proposal that is not in the specified formats.

1.14.2 The Proposal should be submitted in 3 parts:

Part 1 : Key Submissions, which would include:

i. Covering Letter cum Project Undertaking as per

Appendix 1 stating the Proposal Validity Period ii. Anti-Collusion Certificate as per Appendix 3iii. Bid Security in the form of bank Guarantee/ Bank

Draftiv. Power of Attorney for Signing of Application as per

Appendix 8v. Bank Draft towards cost of RFP Document or

copy of the receipt, if hard copy of RFP is purchased

Part 2 : Technical Proposal as per format set out in Appendix

7.

Part 3 : Financial Proposal as per the format set out in

Appendix 5.

1.14.3 A bidder may submit financial bid for any number of districts. The Financial bids must be submitted separately for each zone. In case a bidder submits more than one bid for a particular district, the same would be rejected.

1.14.4 The Bidder shall prepare one original of the documents comprising the Proposal as described inClause 1.15,clearly marked “ORIGINAL”. In addition, the Bidder shall make one copy of the Proposal, clearly marked “COPY”. In the event ofany discrepancy between the original and the copy, the

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original shall prevail.

1.14.5 If the Proposal consists of more than one volume, Bidder must clearly number the volumes and provide an indexed table of contents.

1.14.6 The Proposal and the copy shall be typed or printed in indelible ink and the Bidder shall initial each page. All the alterations, omissions, additions, or any other amendments made to the Proposal shall be initialed by the person/s signing the Proposal.

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1.15 Sealing and Marking of Proposals

1.15.1 The Bidder shall seal the Key Submissions, Technical Proposal and the Financial Proposal in separate envelopes, duly marking the envelopes as “KEY SUBMISSIONS”, “TECHNICAL PROPOSAL” and “FINANCIAL PROPOSAL”. These envelopes shall then be sealed in an outer envelope.

1.15.2 The original and the copy of the Proposal shall be provided in separate envelopes, duly marking theouter envelopesas “ORIGINAL” and “COPY”.

1.15.3 Each envelope shall indicate the name and address of the Bidder

1.15.4 The envelopes shall clearly bear the following identification:

“Proposal for holding multi speciality surgical camps (hereinafter referred to as “MSSC”) in

three zones – higher Himalayan, middle Himalayan and lower Himalayan across

Uttarakhand.

“To be opened by Tender Opening Committee only”

and“Submitted

byName, Address and Contact Phone No. of

the Bidder”

1.15.5 The envelope shall be addressed to:

ATTN. OF: The Mission Director (National HealthMission)

ADDRESS: Room#22, Directorate of Medical Health & Family WelfareDandalokhand, P.O. Gujrara, Sahastradhara Road, Dehradun – 248 001Uttarakhand.

1.15.6 If the envelope is not sealed and marked as instructed above, the Proposal may be deemed to non-responsive and would be liable for rejection. UKH&FWS

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assumes noresponsibility for the misplacement or premature opening of such Proposal submitted.

1.16 Proposal Due Date

1.16.1 Proposals should be submitted before 1300 hours IST on the Proposal Due Date mentioned in the Schedule of Bidding Process, to the address provided in Clause 1.15.5 in the manner and form as detailed in this RFP Document. Applications submitted by either facsimile transmission or telex will not be acceptable.

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1.16.2 UKH&FWS, at its sole discretion, may extend the Proposal Due

Date by issuing an Addendum in accordance with Clause 1.8.

1.17 Late Proposals

1.17.1 Any Proposal received by UKH&FWS after 1300 hours IST on the

Proposal Due Date will be returned unopened to the Bidder.

1.18 Modification and Withdrawal of Proposals

1.18.1 The Bidder may modify or withdraw its Proposal after submission, provided that written notice of the modification or withdrawal is received by UKH&FWS before the Proposal Due Date. No Proposal shall be modified or withdrawn by the Bidder after the Proposal Due Date.

1.18.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and delivered in accordance with the provisions of Clause 1.15 with outerenvelopes additionallymarked “MODIFICATION”or “WITHDRAWAL”and also “KEY SUBMISSIONS”, “TECHNICAL PROPOSAL” or

“FINANCIAL PROPOSAL” as appropriate.

1.18.3 Withdrawal of a Proposal during the interval between the Proposal Due Date and expiration of the Proposal Validity Period would result in forfeiture of the Bid Security in accordance with Clause1.10.5 of this document.

1.19 Tests of responsiveness

1.19.1 Prior to evaluation of Proposals,UKH&FWS will determinewhether eachProposal is responsive to the requirements of the RFP Document. A Proposal shall be considered responsive if(a) it is received by the Proposal Due Date.(b) it is signed, sealed, and marked as stipulated in Clause

1.15.(c) it contains the information and documents as

requested in the RFP Document.(d) it contains information in formats specified in the

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(e) it mentions the proposal validity period as set out in Clause

1.11.(f) it provides the information in reasonable detail.

(“Reasonable Detail” means that, but for minor deviations, the information can be reviewed and evaluated by UKH&FWS without

communication with the Bidder). UKH&FWS reserves the right to determine whether the information has been provided in reasonable detail.

(g) there are no inconsistencies between the Proposal and the supporting documents.

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1.19.2 A Proposal that is substantially responsive is one that conforms to the preceding

requirementswithout materialdeviation or reservation. A material deviation or reservation is one

(a) which affects in any substantial way, the scope, quality, or performance of the Project, or

(b) which limits in any substantial way, inconsistent with the

RFP Document, UKH&FWS’s rights or the Bidder’s obligations under the Concession Agreement, or

(c) which would affect unfairly thecompetitive position of other

Bidders presenting substantially responsive bids.

1.19.3 UKH&FWSreserves the right to reject any Proposal which in its opinion is non-responsive andno request for modification or withdrawal shall be entertained by UKH&FWSin respect of such Proposals.

1.19.4 Conditional proposal shall not be considered. Any bid found to contain conditions attached, will be rejected.

1.20 Confidentiality

1.20.1 Information relating to the examination, clarification, evaluation and recommendation for the short listed Bidders shall not be disclosed to any person not officially concerned with the process. UKH&FWSwill treat all information submitted as part of Proposal in confidence and will ensure that all who have access to such material treat it

in confidence. UKH&FWS will not divulge any such information unless it is ordered to do so by any Government authority that has the power under law to require its disclosure.

1.21 Clarifications1.21.1 To assist in the process of evaluation of Proposals,

UKH&FWSmay, at its sole discretion, ask any Bidder for clarification on its Proposal. The request for clarification and the response shall be inwriting or by facsimile. No change in the substance of the Proposal would be permitted by way of such clarifications.

1.22 Proposal Evaluation

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1.22.1 To assist in the examination, evaluation, and comparisonof Proposals, UKH&FWS may utilise the services of consultant/s or advisor/s.

1.22.2 Before opening and evaluation of the Technical Proposals, Bidders are expected to meet the following pre-qualification criteria which would be a part of the Technical Proposal. Bidders failing to meet these criteria or

not submitting requisite proof for supporting pre-qualification criteria are liable to be rejected at the Technical Proposal level.

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Sl. Criteria Whether Reference DetailsNo. Met

1 The bidder should be a private1 Yes / No Certificate oforganization registered in India as a Society Incorporation /

Any registered under society registration act other relevant document1860 /Trust registered under Indian Trusts Act 1882 / registered in India or a company registered under Indian 2 The bidder should have following minimum Yes / No Audited Profit / average turnover during the last three financial years (FY12, FY13 and FY14)

Statement and Balance Sheet and details as per Appendix 7No. of camps applied

forRs Lakhs

One Zone 20.00Two Zones 30.00More than Two Zones 40.00

3 The bidder should have following minimum Yes / No Audited Profit / networth as on March 31, 2014 Statement and

Balance Sheet and details as per Appendix 7

No. of camps applied for

Rs LakhsOne Zone 10.00Two Zone 15.00More than Two Zones 20.00

4 The bidder should have at least five (5) Yes / NoAppropriate Certificate

years experience in operating and fromcompetent managing hospitals/nursing homes withauthority.

1.22.3 The technical and financial capability of all the members of consortium having equity participation of more than 26% shall be considered for the purpose of evaluation.

1.22.4 However experience gained from development, operation and management of the same project by more than one member of the Consortium shall becounted as experience of only one consortium member.

1.22.5 The bidder shall attach signed agreement between consortium members specifying the equity participation in the

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project.1 The Private Organization means the Private Equity in the Organisation must be in excess of 51% as on date of Bid and the same should remain so for the entire Concession Period.

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1.22.6 Evaluation of Proposals will be done in two stages.

1.22.7 In Stage I of Proposal Evaluation, the Key Submissions submitted by the Bidders shall be checked for responsiveness with the requirements of the RFP Document.

1.22.8 The evaluation of Technical Proposal of a Bidder shall be taken up only after the contents of the Key Submissions are found to meet the requirements of this RFP Document. UKH&FWSreserves the right to reject the Proposal of a Bidder without opening the Technical Proposal if the contents of Key Submissions are not substantially responsive with the requirementsof this RFP Document.

1.22.9 After checking the responsiveness of the Key submission, the Technical Proposal will be opened. The minimum qualifying marks of the Technical Capability Evaluation is 75 as mentioned in Clause 4.1.2.

1.23 Evaluation of the Financial Proposal

1.23.1 In Stage II, the Financial Proposals of all the Bidders who pass the Stage I evaluation will be opened in the presence of the Bidders’ representatives who choose toattend. TheBidders’ representatives who choose to be present shall be required to sign and record their attendance.

1.23.2 Evaluation of Financial Proposal shall be done as per section 4.2 of this RFP Document.

1.24 Notifications

1.24.1 Upon acceptance of the Financial Proposal of the Preferred Bidders with or without negotiations, UKH&FWSshall declare the Preferred Bidder as Successful Bidder.

1.24.2 UKH&FWS will notify the Successful Bidder by facsimile and by a letter that its Proposal has been accepted.

1.25 UKH&FWS’s Right to Accept or Reject Proposal

1.25.1 UKH&FWS reserves the right to accept or reject any or all of the Proposals without assigning any reason and to take any measure as it may deem fit, including annulment of

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the bidding process, at any time prior to award of Project, without liability or any obligation for such acceptance, rejection or annulment.

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1.25.2 UKH&FWSreserves the right to invite revised Financial Proposals from Bidders with or without amendment of the RFP Document atany stage, without liability or any obligation for such invitation and without assigning any reason.

1.25.3 UKH&FWSreserves the right to reject any Proposal including that of the Preferred bidder if:

(a) at any time, a material misrepresentation is made or uncovered; If a fraud or fraudulent practice adopted by any bidder is established, the bidder may be blacklisted and /or appropriate legal proceedings may be initiated against such bidder as per the prevailing laws

OR

(b) the Bidder does not respond promptly and thoroughly to requests for supplemental

information required for the evaluation of the Proposal.

This would lead to the disqualification of the Bidder. If the Bidder is a Consortium, then the entire Consortium would be disqualified/ rejected. If such disqualification / rejection occur after the Financial Proposals have been opened and the highest Bidder gets disqualified / rejected, then UKH&FWSreserves the right to:

(a) either invite the next highest Bidder to match the Financial

Proposal submitted by the highest

Bidder; OR

(b) take any such measure as may be deemed fit in the sole discretion of UKH&FWS, including annulment of the bidding process.

1.26 Acknowledgement of Letter of Acceptance (LOA)

1.26.1 Within two (2) weeks from the date of issue of the LOA, the

Successful Bidder shall acknowledge the receipt of LOA.

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1.27 Execution of Concession Agreement

1.27.1 The Successful Bidder shall execute the Concession Agreement within six (6) weeks of the issue of LOA or such time as indicated by UKH&FWS.

1.27.2 UKH&FWSwill promptly notify other Bidders that their Proposals have been unsuccessful and their Bid Security will be returned as promptly as possible in any case not later than 30 (thirty) days from the date of announcement of the Successful Bidder.

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1.28 Performance Security

1.28.1 The Successful Bidder shall furnish Performance Security of Rs

4.00 Lakhs (Rs Four Lakhs only) by way of an irrevocable Bank Guarantee issued by a scheduled bank located in India in favour of UKH&FWSfor EACH of the Project.

1.28.2 The Performance Security shall be in the form of an irrevocable Bank Guarantee in favour of UKH&FWS, as per the format set out in Draft Concession Agreement. The Performance Security would be valid for atleast One and renewable every year during the entire project term if required.

1.28.3 The Performance guarantee shall be forfeited and en-cashed in the following situation:

a) If the Successful Bidder withdraws from the project midway during the project term

b) Any other act or acts of the successful bidder which renders the project un-operational and UKH&FWSestablishes sufficient

reasons to forfeit the performance guarantee.

c) If the bidder fails to perform at least 70% of the surgeries where the surgery cases were available.

d) If the bidder fails to meet the service levels as agreed.

1.29 Cost of RFP document

1.29.1 The RFP document can be downloaded from htt p : // upp p c.o r g.

The cost of RFP document is Rs 1,150.00 (Rs One Thousand One hundred fifty Only), inclusive of VAT.

The Proposals must accompany with cost of RFP document in the form of a bank draft in favour of “The Director General” of Rs 1,150.00 (Rs One Thousand One hundred fifty Only).

1.29.2 The cost of RFP document is Rs 1,150.00 (Rs One Thousand One hundred fifty Only), for all the Projects.

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http://upppc.org/

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2. Schedule of Bidding Process

Pre Bid Meeting scheduled on dated 17th Jan 2015 by 11.30 AM at The Mission Director, NHM, Room # 22, Directorate of Medical Health &Family Welfare, Post Gujrada, Danda Lakhond, Sahastradhara Road, Dehradun.

Proposal Due Date: 31-01-2014

Contact Person(s)

Suresh Singh Chauhan – Phone – 9451740836 email : [email protected]

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3 Scope of PPP Partner

3.1 The selected Private Partner will conduct multi specialty surgical camps (“MSSC”) in four zones i.e Zone (A)

[Pithoragarh, Champawat and Udham Singh Nagar] Zone (B) [Almora, Bageshwar and Nainital], Zone (C) [ Pauri, Dehradun, Rudraprayag and Chamoli], Zone (D) [Uttarkashi, Tehri and Haridwar]

3.2 The selected Private Partner will perform the following functions:

a) Arrange for all Specialists/Medical Officers (General Surgeons, OBG Specialists, Eye surgeons, Anesthetists and Radiologist) and Para - Medics (OT Assistant, Staff Nurse for OT and Ophthalmic Assistant).

b) Provide all medicines and consumable required for the purpose of camp during pre operative, operative and post-operative period including Life Saving Drugs, I/V Fluids,Anti-biotics, Intraocular Lenses and all other medicines & Anesthetic Injections, Oxygen and Nitrous Oxide etc.

c) Arrange for Equipment- Cautery Machine, Major Operating instruments for the above stated surgeries.

d) A minimum of 48 hours post operative. care for all cases

3.3 The duration of each camp will be of minimum Ten (10) days with following schedule:

a) 1st day - pre-operative/Screening day, b) 2nd to 8th day - operative days andc) 9th and 10th day - non-operative and patient care days.

3.4 The Day wise activity breakup of 10 days should be followed as far as practicable, however if needed and feasible, the surgeries may start from day 1 itself and may be carried out for whole duration provided adequate follow up is ensured

3.5 The s e l e c t e d PPP Partner is expected toresult following outputs

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a) Pre - Operative careb) The tentative break up of surgeries (Minimum Eighty

(80)c) Major surgeries) per camp are following-

i. Minimum Seventy (70) major General & OBG Surgeries ii. Minimum Ten (10) Eye Surgeries

d) Post operative care till the concluding of the Multi- Specialty Surgical camp.

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3.6 The Private Partner would recruit, deploy and manage a team for running the camps. An indicative list of key personnel required with their responsibilities and qualifications is given in Appendix6.

3.7 It is understood that there could be some changes in the team composition during the tenure of the contract. Any such changes during the contract period shall be informed to UKH&FWSand the Private Partner has to satisfy UKH&FWSthat the new team or team member is of the same quality as offered in the bid.

3.8 The Private Partner would procure and supply allrequired medicines & consumables. The Private Partner

would ensure that no expiry dated medicines are supplied by the supplier. The Private Partner would periodically conduct physical verification of stocks to detect expiry dated medicine and take steps to destroy the same.

3.9 The Private Partner would participate in meetings convened by CMO/ DCMO or other district/State health officials and present performance reports and discuss action plans for improvement of service levels.

3.10 The Private Partner need to maintain patient records and use appropriate application software in their office/head quarter for the same.

3.11 The private partner will not charge any amount from any of the patients for consultation, surgery, medicines or any other service provided to the patient.

3.12 The Private Partner may carry promotional material and messages during the camps on health related activities which are synergetic to the project objectives.

3.13 The PPP Partner will carry out all maintenance work of the equipments/ instruments brought by them at its costs. The GoUK or UKH&FWS will not

reimburse any amounttowards maintenance, fuel, staff salary, and

insurance etc.

3.14 The boarding and lodging arrangements for the team members shallbe the responsibility ofthe

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PPP Partner. However, department willhelp to get accommodation in

Government rest house if available. The PPP Partner would make its own transport and logistics arrangement during the tenure of the project.

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3.15 T h e p r o p o s e d n u m b e r o f C a m p s a r e a s u n d e r :

3.15 T h e p r o p o s e d n u m b e r o f C a m p s a r e a s u n d e r :

District Camps Surgeries

Zone APithoragarh 4 320Champawat 3 24Udham Singh Nagar

3 240T O T A L 1

0Zone B

Almora 3 240Bageshwar 3 240Nainital 3 240T O T A L 9

Zone CPauri 3 240Dehradun 2 160Rudraprayag 3 240Chamoli 3 240T O T A L 11

Zone BHaridwar 2 320Uttarkhasi 4 240Tehri 4 320T O T A L 10

Grand Total 40

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S.No District Population

Min No. Tentative Sites1 Pithoragarh 4,85,99

34 Sub District Hospital / CHCs

2 Uttarkashi 3,29,686


3 Chamoli 3,91,114


4 Bageshwar 2,59,840


5 Dehradun 16,98,560


6 U.S Nagar 16,48,367


7 Almora 6,21,927


8 Nainital 9,55,128


9 Pauri 6,86,527


10 Champawat 2,59,315


11 Rudarprayag 2,36,857


12 Haridwar 19,27,029


13 Tehri 6,16,409


Total Uttarakhand 1,01,16,752

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4 Performance based Payment disbursement

4.1 The payment wiLL be made according to performance as under: (Please note that for the payment shall be made for major surgeries only. The major surgeries are defined as those surgeries requiring only a general/ spinal anesthesia)

• For 100% achievement - 100% payment• For 90-100% achievement - 90% payment• For 80-90% achievement -80% payment• For 70-80% achievement -70% payment• BeLow 70% achievement - No payment

4.2 For extra surgeries beyond eighty (80), the reimbursement shaLL

be made as per foLLowing rates

Cataract and other eye surgeries (beyond stipuLated Ten [10] surgeries - Prevailing NationaL Program for Control of Blindness Rate as on the day of surgery

General and OBG (beyond stipulated Seventy [70] surgeries - Prevailing CGHS – Non specialist rate as on the day of surgery

4.3 The major surgeries will be certified by the Chief medical Officer of the respective districts with the head of the PP partner and CMS of the concerned Hospital .

4.4 In case of patients who cannot be operated during the camps due to medicaL or other reasons, the PPP partner may perform the same at its main hospitaL/institution and the same wiLL be reimbursed by the UKHFW Society at CGHS rates.

4.5 The above wiLL be subject to the referraL of the patient during the camp by a paneL comprising of the attending physician and three other doctors nominated by the govt. /society in case of planned surgery. In case of an emergency, the patient shaLL be referred by CMS/MS of the hospitaL where the camp is being organized. The paneL may review such emergency referraLs post facto.

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5 Evaluation Methodology

5.1 Evaluation of Technical Proposal

5.1.1 The T e c h n i c a L CapabiLity ProposaL for the Project wouLd be evaLuated on the foLLowing basis:

S No Description Max Marks

a. Previous experience of the bidder inconduction static and/or mobiLe

heaLth camps

30

b. Previous Experience of the bidder inmanaging HospitaLs or Nursing Home based on number of cumuLative beds (aLL centres)

30

c. Previous Experience of the bidder based onaverage number of Major

Surgeries conducted during

20

d. QuaLification and experience of the technicaLPersonneL

20

a. Previous experience of the bidder in managing Hospitals/Nursing

HomesS No Description Max Marks

a. No of years of experience

More than 7 years = 30More than 6 years upto 7 years = 25More than 5 years upto 6 years = 15

Less than 5 years = 0

30

b. Previous Experience of the bidder inmanaging HospitaLs or Nursing Home based on number of cumuLative beds (aLL centres)

More than 50 beds = 3041-50 beds = 2521-40 beds = 15Less than 20 beds = 0

30

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c. Previous Experience of the bidder based onaverage number of Major

Surgeriesconducted during Last 3 years

More than 1,500 = 201,001-1,500 = 15501 - 1,000 = 10

20

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d. QuaLification and experience of the technicaL 20PersonneL

Post Graduates = 20BacheLors degree = 10

AdditionaL TechnicaL quaLifications = 5

Person wise matrix would be prepared to arrive at average overall ratings

i. The bidder needs to submit a certificate from statutory auditors or any other competent authority certifying the Number of compLeted/ongoing projects.

ii. In response to (c ) the bidder wouLd provide category wise surgeries performed during Last three years.

5.1.2 The minimum quaLifying marks of the TechnicaL EvaLuation is 75.

5.1.3 The FinanciaL bids of those bidders wouLd be opened who secure at Least 75 in their TechnicaL CapabiLity ProposaL.

5.2 Evaluation of Financial Proposals

5.2.1 The Bidders shaLL submit separate Financial Proposal for each of the Projects appLied for by the Bidder.

5.2.2 The Bidder shaLL quote an amount required from Government per camp per location in each zones subject to a maximum of Rs8,50,000 (Rs Eight Lakhs and Fifty Thousand OnLy) per camp.

5.2.3 The offers of the Bidder on the amount of totaL financiaL support required from Government per zone shaLL be as per the format prescribed in Appendix 5, shaLL be used for financiaL evaLuation.

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Zone(1)

District(2)

WeightageGeneraLandOBG75 % wt

Eye25 % wt

TotaL

A Pithoragarh F1Champawat F2U S Nagar F3

BALmora F4Bageshwar F5NainitaL F6

CPauri F7Dehradun F8Rudraprayag F9ChamoLi F10

DHaridwar F11Uttarkashi F12Tehri F13

The financialbid for each district would be computed for evaluation purpose as under:

Example: F1 = 0.75 X General & OBG + 0.25 X Eye

5.2.4 The F1…. to F13 wouLd be computed as per above formuLa and added for each Zone to arrive at bid vaLue as per next tabLe.

5.2.5 The maximum amount that a bidder may offer is Rs 8,50,000.00 (Rs Eight Lakhs and Fifty Thousand only) per camp. This means F1….. to F13 should be less than Rs 8,50,000.00 individually.

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Zone(1)

District(2)

Min Camps(3)

FinanciaLbid - Rs (4)

Amount(Rs) - (5)

A Pithoragarh 4 F1 4 X F1Champawat 3 F2 1X F2U S Nagar 3 F3 3 X F3Total (A) 10 SUM - A

B ALmora 3 F4 3 X F4Bageshwar 3 F5 3 X F5NainitaL 3 F6 3 X F6Total (B) 9 SUM - B

C Pauri 3 F7 3 X F7Dehradun 2 F8 2 X F8Rudraprayag 3 F9 3 X F9ChamoLi 3 F10 3 X F10Total (C ) 11 SUM – C

D Haridwar 2 F11 4 X F11Uttarkashi 4 F12 3 X F12Tehri 4 F13 4 X F13Total (D ) 10 SUM- D

5.2.6 The bidder quoting the sum totaL of the Lowest amount of FinanciaL Support as computed above shaLL be decLared as the SuccessfuL Bidder for respective Zone (Project)

5.2.7 The bidder shaLL be paid the actuaL amount quoted in financiaL bid as per Appendix 5 and not the weighted average price. The weighted average pricing is for evaLuation purpose onLy.

5.2.8 In the event that two or more Bidders quote same amount for any

Projects, UKH&FWSmay:

(a) invite fresh ProposaLs from the

Bidders; OR

(b) decLaring the bidder securing highest technicaL capabiLity marks amongst the bidders securing same overaLL score, as preferred bidder

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(c) take any such measure as may be deemed fit in its soLe discretion or annuLment of the bidding process.

5.2.9 UKH&FWS may either choose to accept the ProposaL of the

Preferred Bidder or invite him for negotiations.

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5.2.10 Upon a c c e p t a n c e o f t h e F i n a n c i a L ProposaL of the Preferred Bidders with or without negotiations, UKH&FWSshaLL decLare the Preferred Bidder as SuccessfuL Bidder.

5.2.11 UKH&FWSwiLL notify the SuccessfuL Bidder by facsimiLe and by a

Letter that its ProposaL has been accepted.

6. Fraud and Corrupt Practices

6.1 The Bidders and their respective officers, empLoyees, agents and advisers shaLL observe the highest

standard of ethics during the Bidding Process. Notwithstanding anything to the contrary contained herein, the UKH&FWSmay reject an AppLication without being LiabLe in any manner whatsoever to the Bidders if it determines that the Bidders has, directLy or indirectLy or through an agent, engaged in corrupt practice, frauduLent practice, coercive practice, undesirabLe practice or restrictive practice in the Bidding Process.

6.2 Without prejudice to the rights of the UKH&FWS under CLause 5.1 hereinabove, if an Bidders is found by the UKH&FWSto have directLy or indirectLy or through an agent, engaged or induLged in any corrupt practice, frauduLent practice, coercive practice, undesirabLe practice or restrictive practice during the Bidding Process, such Bidders shaLL not be eLigibLe to participate in any tender or RFP issued by the UKH&FWSduring a period of 2 (two) years from the date such Bidders is found by the UKH&FWSto have directLy or indirectLy or through an agent, engaged or induLged in any corrupt practice, frauduLent practice, coercive, practice, undesirabLe practice or restrictive practice, as the case may be.

6.3 For the purposes of this CLause 5, the foLLowing terms shaLL have the meaning hereinafter respectiveLy assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soLiciting, directLy or indirectLy, of anything of vaLue to infLuence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of empLoyment to, or empLoying, or engaging in any manner whatsoever, directLy or indirectLy, any officiaL of the UKH&FWSwho is or has been associated in any manner, directLy or indirectLy, with the Bidding Process or the LOA or has deaLt with matters concerning the Concession Agreement or arising therefrom, before or after the execution thereof, at any time prior to the expiry of one year from the date such officiaL resigns or retires from or otherwise ceases

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to be in the service of the UKH&FWS, shaLL be deemed to constitute infLuencing the actions of a person connected with the Bidding Process); or (ii) save and except as permitted under sub cLause (d) of CLause 1.2.8, engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the LOA or after the execution of the

Concession Agreement, as the case may be, any person in respect of any matter reLating to the Project or the LOA or the Concession Agreement, who at any time has been or is a LegaL, financiaL or technicaL adviser of the UKH&FWSin reLation to any matter concerning the Project;

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(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or discLosure of incompLete facts, in order to infLuence the Bidding Process ;

(c) “coercive practice” means impairing or harming or threatening to impair or harm, directLy or indirectLy, any person or property to infLuence any person’s participation or action in the Bidding Process;

(d) “undesirable practice” means (i)estabLishing contact with any person

connected with or empLoyed or engaged by the UKH&FWSwith the objective of canvassing, Lobbying or in any manner infLuencing or attempting to infLuence the Bidding Process; or (ii) having a ConfLict of Interest; and

(e) “restrictive practice” means forming acarteL or arriving at any understanding or

arrangement among Bidders with the objective of restrictingor manipuLating a fuLL and faircompetition in the Bidding Process.

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APPENDIX 1

Format for Acknowledgement of RFP Document and Notification of Intent to Submit Proposal

Date

: To

The Mission Director ( Na t i on a L Hea Lt h M i ss i onDirectorate of MedicaL HeaLth & FamiLy WeLfareDanda Lakhond, P.O. Gujrara, Sahastradhara Road, Dehradun - 248 001

Dear Sir,

Re: Proposal for conducting multi specialty surgical camps

The undersigned hereby acknowLedges and confirms receipt the Request for ProposaL (RFP) Document for the captioned project from UKH&FWSand conveys its intention to submit a ProposaL for the foLLowing Projects.

1. ………………………………….(insert name of the Project - Zone)2. ………………………………….(insert name of the Project - Zone)3. ………………………………….(insert name of the Project - Zone)

……………………………………………. Name of the Bidder

……………………………………………. Signature of the Authorised Person

……………………………………………. Name of the Authorised Person

Note:On the Letterhead of the Bidder

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The acknowledgement should be sent within 2 weeks of receipt of the RFP Document

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APPENDIX-2

Format for Covering Letter Cum Project Undertaking

To

The Mission Director ( Na t i on a L Hea Lt h M i ss i onDirectorate of MedicaL HeaLth & FamiLy WeLfareDanda Lakhond, P.O. Gujrara, Sahastradhara Road, Dehradun - 248 001

Dear Sir,

Re: Proposal for conducting multi specialty surgical camps

We have read and understood the Request for ProposaL (RFP) Document in respect of the Project provided to us by UKH&FWS. We hereby submit our ProposaL for the foLLowing Projects:

1. ………………………………….(insert name of the Project - Zone)2. ………………………………….(insert name of the Project - Zone)3. ………………………………….(insert name of the Project - Zone)4. ………………………………….(insert name of the Project - Zone)

We are encLosing our ProposaL in one (1) originaL pLus one (1) copy, with the detaiLs as per the requirements of the RFP Document, for your evaLuation.

We confirm that our ProposaL is vaLid for a period of nine (9) months from………… (ProposaL Due Date).

We hereby agree and undertake as under:

Notwithstanding any quaLifications or conditions, whether impLied or otherwise, contained in our ProposaL we hereby represent and confirm that our ProposaL is unquaLified and unconditionaL in aLL respects and we agree to the terms of the Draft Concession Agreement, a draft of which aLso forms a part of the RFP Document provided to us.

Dated this ……………………..Day of

…………………., 2014. Name of the Bidder55

56

……………………………………………. Signature of the Authorised Person……………………………………………. Name of the Authorised Person

Note:• On the Letterhead of the Bidder.

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APPENDIX 3

Format for Anti-Collusion Certificate

Anti-Collusion Certificate

We hereby certify and confirm that in the preparation and submission of this ProposaL, we have not acted in concert or in coLLusion with any other Bidder or other person/s and aLso not done any act, deed or thing which is or couLd be regarded as anti-competitive.

We further confirm that we have not offered nor wiLL offer any iLLegaL gratification in cash or kind to any person or agency in connection with the instant ProposaL.

Dated this ……………………..Day of …………………., 2014

Name of the Bidder

……………………………………………. Signature of the Authorised Person

……………………………………………. Name of the Authorised Person

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APPENDIX 4

(Proforma of Bank Guarantee)

THIS DEED OF GUARANTEE executed on this the day of at by (Name of the Bank) having its Head/Registered office at hereinafter referred to as “the Guarantor” which expression shaLL unLess it be repugnant to the subject or context thereof incLude successors and assigns;

In favour of

Department of MedicaL HeaLth & FamiLy WeLfare, Government of Uttarakhand, represented by the Mission Director, NRHM and having its office at Directorate of MedicaL HeaLth & FamiLyWeLfare

, DandaLokhand, P.O. Gujrara, SahastradharaRoad, Dehradun - 248 001, hereinafter referred to as

“UKH&FWS”, which expression shaLL, unLess repugnant to the context or meaning thereof incLude its administrators, successors or assigns.

WHEREAS

A. By the Concession Agreement entered into betweenUKH&FWSand , a company incorporated under the

provisions of the Companies Act, 1956, having itsregistered office/ permanent address at

(“the Concessionaire”), the Concessionaire has been granted the Concession for hoLding muLti speciaLity surgicaL camps (hereinafter referred to as “MSSC”) in three zones - higher HimaLayan, middLe HimaLayan and Lower HimaLayan across Uttarakhand. (hereinafter referred to as “the Project”).

B. In terms of the Concession Agreement, the Concessionaire is required to furnish to UKH&FWS, an unconditionaL and irrevocabLe bank guarantee for an amount of Rs. 4,00,000.00 (Rupees Four Lakhs onLy ) as security for due and punctuaL performance/discharge of its obLigations under the Concession Agreement, reLating to Project by the Concessionaire.

C. At the request of the Concessionaire, the Guarantor has agreed to provide bank guarantee, being these presents guaranteeing

the due and punctuaL performance/discharge by the Concessionaire of its obLigations reLating to the Project.

NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:

1. CapitaLised terms used herein but not defined shaLL have the meaning assigned to them respectiveLy in the Concession Agreement.

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2. The Guarantor hereby irrevocabLy guarantees the due and punctuaL performance by M/s. (hereinafter

caLLed “the Concessionaire”) of aLL its obLigations reLating to the Project and in connection with achieving the project objectives by the Concessionaire in accordance with the Concession Agreement.

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3. The Guarantor shaLL, without demur, pay to UKH&FWSsums not exceeding in aggregate Rs. 4,00,000.00 (Rupees Four Lakhs onLy ) within seven (7) caLendar days of receipt of a written demand thereof from UKH&FWSstating that the Concessionaire has faiLed to meet its obLigations under the Concession Agreement. The Guarantor shaLL not go into the veracity of any

breach or faiLure on the part of the Concessionaire or vaLidity of demand so made by UKH&FWSand shaLL pay the amount specified in the demand, notwithstanding any direction to the contrary given or any dispute whatsoever raised by the Concessionaire or any other Person. The Guarantor’s obLigations hereunder shaLL subsist untiL aLL such demands are duLy met and discharged in accordance with the provisions hereof.

4. Among other obLigations as set out in section 3.0 and 4.0 of RFP , the situation of enforcement of this performance guarantee shaLL be as per cLause 1.28.3

5. In order to give effect to this Guarantee, UKH&FWSshaLL be entitLed to treat the Guarantor as the principaL debtor. The obLigations of the Guarantor shaLL not be affected by any variations in the terms and conditions of the Concession Agreement or other documents or by the extension of time for performance granted to the Concessionaire or postponement/non exercise/ deLayed exercise of any of its rights by UKH&FWSor any induLgence shown by UKH&FWSto the Concessionaire and the Guarantor shaLL not be reLieved from its obLigations under

this Guarantee on account of any such variation,extension, postponement, non exercise, deLayed exercise of any of its rights by UKH&FWSor any induLgence shown by UKH&FWS, provided nothing contained herein shaLL enLarge the Guarantor’s obLigation hereunder.

6. This Guarantee shaLL be irrevocabLe and shaLL remain in fuLL force and effect untiL unLess discharged/ reLeased earLier by UKH&FWSin accordance with the provisions of the Concession Agreement. The Guarantor’s LiabiLity in aggregate be Limited to a sum of Rs. 5,00,000.00 (Rupees Five Lakhs onLy ).

7. This Guarantee shaLL not be affected by any change in the constitution or winding up of the Concessionaire/the Guarantor or any absorption, merger or amaLgamation of the Concessionaire/the Guarantor with any other Person.

8. The Guarantor has power to issue this guarantee and discharge the obLigations contempLated herein, and the undersigned is duLy authorised to execute this Guarantee pursuant to the power granted under .

IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN.

SIGNED AND DELIVERED60

61

by Bank by the hand of Shri its and authorised officiaL.

61

Zone District GeneraL & OBG EyeA Pithoragarh

ChampawatU S Nagar

BALmoraBageshwarNainitaL

CPauriDehradunRudraprayagChamoLi

DHaridwarUttarkashiTehri

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APPENDIX 5

Format for Financial Proposal

The Mission Director ( N a t i on a L He a Lt h M i ss i onDirectorate of MedicaL HeaLth & FamiLy WeLfare Danda Lakhond, P.O. Gujrara, Sahastradhara Road, Dehradun - 248 001

Dear Sir,

Re: Financial proposal for conducting multi specialty surgical camps

We are pLeased to submit our FinanciaL ProposaL for conducting muLti speciaLty surgicaL camps. The amount is for ONE CAMP in INR for minimum number of eighty (80) surgeries per camp.

In figures

62

Zone District GeneraL & OBG EyeA Pithoragarh

ChampawatU S Nagar




63

In Words

We have reviewed aLL the terms and conditions of the Request for ProposaL (RFP) Document and wiLL undertake to abide by aLL the terms and conditions contained therein. We hereby decLare that there are, and shaLL be, no deviations from the stated terms in the RFP Document.

……………………………………………. Name of the Bidder

…………………………………………….Signature of the Authorised Person

…………………………………………….Name of the Authorised PersonNote:

On the Letterhead of the Bidder and to be signed by the bidder. If there is any discrepancy between figures and words, the lower of the

value shall be considered. The total value fGeneral & OBG + Eye] shall not be more than Rs

8,50,000.00 fsee clause 5.2.5] per CAMP Any bid with more than Rs 8,50,000 per CAMP will be rejected.

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APPENDIX 6

List of Medical and Non medical personnel required with each camp

Position Number Key ResponsibiLities QuaLification/ Experience

ProjectCoordinator

1 OveraLL

Coordinationwith CMO/DCMO

and other district heaLth officiaLs. Provide Logistic support to the team.

PG in SociaL Sciences withmore than five (5) years reLevant experience.

GeneraL Surgeons

2 Perform Surgeries MS with over 5 yearsexperience

OBG SpeciaLists 1 MD/DGOwith minimum five yearsof reLevant experience

Eye surgeons 1 MS/DOMS with minimumfive years of reLevantexperience

Anaesthetists 1 MD/DA with minimum fiveyears of reLevant RadioLogist 1 Conduct ULtra Sound

testMD/ DMRD/DMRE or equiv.

Staff Nurse forOT

2 Assist Doctors in OT A Registered nurse withsuitabLe degree/dipLoma in nursing.OT Assistant 1

OphthaLmicAssistant

1

Pharmacist 1 Managing & DispensingaLL consumabLes

/ medicines etc for surgeriesand maintaining

A Recognised DipLoma inreLevant fieLd

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Appendix 7

Format for Technical Capability Proposal

1. Previous experience of the bidder in managing hospital/nursing homes

SrNo

Name of theCentre

Location No. of IPDbeds

Major Services Date ofstart

2. Previous experience of the bidder in performing surgeries

SrNo

Name ofthe Centre

Major Surgery Number of Major Surgeries2013-14 2012-13 2011-12

The bidder wouLd provide detaiL of the proposed technicaL human resources to be depLoyed as per indicative List shown in Appendix 6 (Sr no.1 to 8)

The Team proposed above wiLL be vaLid for at Least 2 years. It is understood that there couLd be some changes in the team composition during the tenure of the contract. Any such changes during the contract period shaLL be informed to UKH&FWSand the Private Partner has to satisfy UKH&FWSthat the new team or team member is of the same quaLity as offered in the bid.

3. Details of Qualifications:

SrNo

Position Name QuaLificationGraduate Post graduate Others

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A person wise matrix wouLd be prepared to arrive at average overaLL ratingsbased on criteria indicated in section (4).

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APPENDIX 8

Format for Financial Capability Proposal

(Equivalent in Rs. Lakhs)

Bidder

Net Worth

Annual TurnoverYear 1

(Ason 31st

Marc

2013-14 2012-13 2011-12

SoLe BidderLead Member ofConsortiumOther Member 1 (in caseof Consortium)Other Member 2 (in caseof Consortium)Other Member 3 (in caseof Consortium)Other Member 4 (in caseof Consortium)TotaL

1. The Bidder shouLd provide the FinanciaL CapabiLity based on its own financiaL statements. FinanciaL capabiLity of the Bidder's parent company or its subsidiary or any associate company (who are not members of the Consortium) wiLL not be considered for computation of the FinanciaL CapabiLity of the Bidder.

2. Any SoLe Bidder shouLd fiLL in detaiLs as per the row titLed SoLe Bidder and ignore the rows beLow. In case of a Consortium, ignore the first row and provide reLevant detaiLs in subsequent rows.

General Instructions:

1. Net Worth• For Company = (Paid-up CapitaL fund + Reserves) -

(RevaLuation reserves + MisceLLaneous expenditure not written off)

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2. AnnuaL Turnover = TotaL revenues earned from business operation as indicated in the annuaL financiaL statement

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3. The financiaL year wouLd be the same as foLLowed by the Bidder for its annuaL report. Year I wiLL be the Latest compLeted financiaL year for which the audited baLance sheet is avaiLabLe. Year 2 shaLL be the year immediateLy preceding Year 1.

4. The Bidder shaLL provide the audited annuaL financiaL statements as

required for this RFP Document. FaiLure to do so wouLd be considered as a non-responsive bid.

5. The Bidder shouLd cLearLy indicate the caLcuLations and references in the financiaL statements in arriving at the above numbers in an attached worksheet.

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Instruction to Bidders 40

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APPENDIX 9

Power of Attorney for signing of Application

(Refer Clause 1.2.4)

Know aLL men by these presents, We…………………………………………….. (name of the firm and address of the registered office) do hereby irrevocabLy constitute, nominate, appoint and authorise Mr/ Ms (name), …………………… son/daughter/wife of ……………………………… and presentLy

residing at…………………., who is presentLy empLoyed with us/ the Lead Member of ourConsortium and hoLding the position of ……………………………. , as our true and LawfuL attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behaLf, aLL such acts, deeds and things as are necessary orrequired in connection with or incidentaL to submission of our appLication for pre-quaLification and submission of our bid for hoLding muLti speciaLity surgicaL camps (hereinafter referred to as “MSSC”) in three zones - higher HimaLayan, middLe HimaLayan and Lower HimaLayan across Uttarakhand Project proposed by Department of MedicaL HeaLth & FamiLy WeLfare, Government of Uttarakhand (the “UKH&FWS”) incLuding but not Limited to signing and submission of aLL appLications, bids and other documents and writings, participate in

Pre-AppLications and other conferences and providing information/ responses to the UKH&FWS, representing us in aLL matters before the UKH&FWS, signing and execution of aLL contracts incLuding the Concession Agreement and undertakings consequent to acceptance of our bid, and generaLLy deaLing with the UKH&FWSin aLL matters in connection with or reLating to or arising out of our bid for the said Project and/ or upon award thereof to us and/or tiLL the entering into of the Concession Agreement with the UKH&FWS.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm aLL acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that aLL acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shaLL and shaLL aLways be deemed to have been done by us.

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IN WITNESS WHEREOF WE, …………………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF ………….2…..

For

………………………….. (Signature,

name, designation and address)

Witnesses:


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1.

2.

Accepte

d

…………………………… (Signature)

(Name, TitLe and Address of the Attorney)

Notes:

(Notarised)

• The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

• Wherever required, the Applicant should submit for verification the extract of the charter documents and documents such as a board or shareholders’ resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.

• For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Applicants from countries that have signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Appostille certificate.

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APPENDIX 10

List of attachments with the bid

S No Description1. AcknowLedgement of RFP Document and Notification of Intent to Submit

ProposaL2. Covering Letter cum Project Undertaking3. Anti-CoLLusion Certificate4. Bid Security5. FinanciaL ProposaL6. List of medicaL personneL7. TechnicaL ProposaL8. Power of Attorney for Signing of AppLication9. Bank Draft towards cost of RFP document or copy of the receipt, if hard

copy ofRFP purchased.


Part II

Draft Concession Agreement

between

Department of Medical Health & Family Welfare, Government ofUttarakhand, (“UKH&FWS”)

acting through

(designation of authorised officer)

and

(Concessionaire)

for

Holding Multi Specialty Surgical Camps (“MSSC”) in four zones – (the

Project)

Zones Districts

Zone A Pithoragarh, Champawat and Udham Singh NagarZone B Almora, Bageshwar and Nainital

Zone C Pauri, Dehradun, Rudraprayag and ChamoliZone D Uttarkashi, Tehri and Haridwar


This CONCESSION AGREEMENT made on this ---------- (insert date) day of ---------- (insert month), ---------- (insert year) at ---------- (insert place of execution),

BETWEEN

Uttarakhand HeaLth and FamiLy WeLfare Society, Government ofUttarakhand, having its registered office at , Dehradun - 248 001, hereinafter referred to as “the Concessioning Authority” or “UKH&FWS” which expression shaLL unLess repugnant to the context incLude the successors and assigns, on the one part

AND

-----------------------------, a (company, societies) incorporated under the provision of the (name of the Act), having its registered office at , hereinafter referred to as “Concessionaire” which expression shaLL unLess repugnant to the context incLude the successors and permitted assigns, on the other part.

WHEREAS,

A. UKH&FWS with an objective to provide heaLthcare faciLities to the citizens of Uttarakhand proposes to operate & maintain muLti speciaLty surgicaL camps (hereinafter referred to as “MSSC”) in four zones - i.e Zone (A) [Pithoragarh, Champawat and Udham Singh Nagar] Zone (B) [ALmora, Bageshwar and

NainitaL], Zone (C) [ Pauri, Dehradun, Rudraprayag and ChamoLi], Zone (D) [Uttarkashi, Tehri and Haridwar] across Uttarakhand through PubLic-Private-Partnership.

B. The Concessionaire has been granted the Concession to Operate and Maintain muLti speciaLty surgicaL camps (“MSSC”) of Zone (insert name of the Zone)

at the foLLowing Districts , , , , across Uttarakhand(hereinafter referred to as “the Project”).

C. UKH&FWS had, carried out extensive project preparation works in connection with the Project (as

hereinafter defined) incLuding

assessment of project viabiLity and subsequentLy invited proposaLs, through a competitive bid process from eLigibLe parties for impLementing the Project. In response thereto, UKH&FWSreceived proposaLs from severaL parties incLuding the Concessionaire for impLementing the Project.

D. Pursuant thereto, after evaLuating the aforesaid proposaLs, UKH&FWSaccepted the proposaL submitted by the Concessionaire and issued Letter of Acceptance No. (insert Letter No.) dated


to the Concessionaire requesting the Concessionaire to execute the Concession Agreement, which the Concessionaire has acknowLedged by its Letter No. dated .

E. The Parties hereto are required to enter into the Concession Agreement, being these presents, to record the terms, conditions and covenants of the Concession.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS :-

ARTICLE 1 : DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this Agreement, the foLLowing words and expressions shaLL, unLess repugnant to the context or meaning thereof, have the meaning hereinafter respectiveLy ascribed to them hereunder:

“Additional Cost” shaLL mean the additionaL capitaL expenditure and/or the additionaL operating costs or both as the case may be, which the Concessionaire wouLd be required to incur as a resuLt of Change in Law.

“Affected Party” shaLL mean the Party cLaiming to be affected by a ForceMajeure Event in accordance with ArticLe 8.1.

“Agreement” shaLL mean this Agreement, and incLudes any amendments hereto made in accordance with the provisions hereof.

“Applicable Law” shaLL mean aLL Laws in force and effect, as of the date hereof, and which may be promuLgated or brought into force and effect hereinafter in India incLuding judgements, decrees, injunctions, writs or orders of any court of record, as may be in force and effect during the subsistenceof this

Agreement and appLicabLe to the Project/the Concessionaire.

“Applicable Permits” shaLL mean aLL cLearances, permits, authorisations, consents and approvaLs required to be obtained or maintained by the Concessionaire under AppLicabLe Law, in connection with the Project during the subsistence of this Agreement.

“Appointed Date” shaLL mean the date of this Agreement.

“Arbitration Act” shaLL mean the Arbitration and ConciLiation Act, 1996 and shaLL incLude any amendment to or any re-enactment thereof as in force from time to time.


“Book Value” means the vaLue of the capitaL expenditure incurred on the Project as per the books of the Concessionaire, net of depreciation charged on the basis of straight Line method and amortized equaLLy over the Operations Period, duLy verified and certified by an independent auditor in accordance with IGAAP.

"Change in Law" shaLL have the meaning ascribed thereto in CLause 6.6.

“COD” or “Commercial Operations Date” shaLL mean the date on which the UKH&FWS has issued the

ProvisionaL CompLetion Certificate or the CompLetion Certificate for the Project FaciLity, in accordance with the provisions of this Agreement.

“Completion Certificate” shaLL mean the certificate issued by UKH&FWScertifying, that the Concessionaire has obtained aLL approvaLs necessary for commerciaL operations of the Project FaciLity.

“Concession” shaLL have the meaning ascribed thereto in CLause 2.1 of thisAgreement.

“Concession Period” shaLL have the meaning ascribed thereto in CLause 2.2.

“Concessionaire’s Equipment" means aLL machinery, equipment, apparatus and other things (other than Temporary

Works) required for the execution and compLetion of the Works and the remedying of any defects, but does not incLude PLant, MateriaLs, or other things intended to form or forming part of the Permanent Works.

“Contractor” shaLL mean any Person with whom the Concessionaire has entered into/may enter into any of the Project Agreements.

“Cure Period” shaLL have the meaning ascribed thereto in CLause7.2(a)(iii) of this Agreement.

“Emergency” shaLL mean a condition or situation that is LikeLy to endanger the safety of the individuaLs on or about the Project FaciLity incLuding the safety of the users thereof or which poses an immediate threat of materiaL damage to the Project.

“Encumbrance” shaLL mean any encumbrance such as mortgage, charge, pLedge, Lien, hypothecation, security interest, assignment,

priviLege or priority of any kind having the effect of security or other such obLigations and shaLL incLude without Limitation any designation of Loss payees or beneficiaries or any simiLar

arrangement under any insurancepoLicy pertaining to the Project, physicaL

encumbrances, cLaims for any amounts due on account of taxes, cesses, eLectricity, water and other utiLity charges and encroachments on the Project FaciLity .


“Financing Documents” shaLL mean coLLectiveLy the documents evidencingLenders’ commitment to finance the Project.

“Financial Year” shaLL mean the period commencing from ApriL 1 of any given year to March 31 of the succeeding year.

“Force Majeure” or “Force Majeure Event” shaLL mean an act, event, condition or occurrence as specified in ArticLe 8.

“Good Industry Practice” shaLL mean the exercise of that degree of skiLL, diLigence, prudence and foresight in compLiance with the undertakings and obLigations under this Agreement which wouLd reasonabLy and ordinariLy be expected of a

skiLLed and an experienced person engaged in the impLementation, operation and maintenance or supervision or monitoring thereof of any of them of a project simiLar to that of the Project.

“Government Agency” shaLL mean Government ofIndia,any state government or

governmentaL department, commission, board, body, bureau, agency, authority, instrumentaLity, court or other judiciaL or administrative body, centraL, state, or LocaL, having jurisdiction over the Concessionaire, the Project Site or any portion thereof, or the performance of aLL or any of the services or obLigations of the Concessionaire under or pursuant to this Agreement.

“Handback Requirements” shaLL have the meaning ascribed thereto inArticLe 7.

“Implementation Period” shaLL have the meaning ascribed thereto in CLause

.

“Lenders” shaLL mean financiaL institutions, banks, funds and trustees for bond hoLders or debenture hoLders, who provide funds to the Concessionaire for financing the cost of construction of the Project FaciLity or any part thereof.

"Materials" means things of aLL kinds (other than PLant) to be provided and incorporated in the Permanent Works by the Concessionaire, incLuding the suppLy-onLy items (if any) which are to be suppLied by the

Concessionaire as specified in the Agreement.

“Material Adverse Effect” shaLL mean a materiaL adverse effect on (a) the abiLity of the Concessionaire to exercise

anyof its rights or perform/discharge any of its duties/obLigations under and in accordance with the provisions of this Agreement and/or (b) the LegaLity, vaLidity, binding nature or enforceabiLity of this Agreement.

“Material Breach” shaLL mean a breach by either Party of any of its obLigations under this Agreement which has or is LikeLy to have a MateriaL


Adverse Effect on the Project and which such Party shaLL have faiLed to cure.

“O&M Requirements” shaLL mean the requirements as to operation and maintenance of the Project FaciLity as set forth in ScheduLe 4.

“Operations Period” shaLL mean the period commencing from COD and ending at the expiry of the Concession /Termination.

“Parties” shaLL mean the parties to this Agreement and “Party” shaLL mean either of them, as the context may admit or require.

“Performance Security” shaLL mean the guarantee for performance of its obLigations to be procured by the Concessionaire in accordance with CLause4.1.

“Person” shaLL mean (unLess otherwise specified or required by the context), any individuaL, company, corporation, partnership, joint venture, trust, unincorporated organisation, government or Government Agency or any other LegaL entity.

"Plant" means machinery and apparatus intended to form or forming part of the Permanent Works, incLuding the suppLy-onLy items (if any) which are to be suppLied by the Concessionaire as specified in the Agreement.

“Preliminary Notice” shaLL mean the notice of intended Termination by the Party entitLed to terminate this Agreement to the other Party setting out, inter aLia, the underLying Event of DefauLt.

“Project” shaLL mean design, financing, operation and maintenance ofProject at Project Site in accordance with the provisions of this Agreement.

“Project Agreements” shaLL mean coLLectiveLy thisAgreement, O&M Contract, and

any other materiaL contract (other than Financing Documents) entered into or may hereafter be entered into by the Concessionaire in connection with the Project.

“Project Facility” shaLL mean PhysicaL FaciLities: OPD, OT, Labour room, wards, beds and Labs etc., Diagnostics: Routine and Bio-chemicaL tests, ECG, ULtra- sonography &X-ray etc, whichever in avaiLabLe at the site

“Project Requirements” shaLL mean coLLectiveLythe Construction Requirements, and O&M

Requirements or any of them as the context may admit or require.

“Project Facility Area” shaLL mean an area of Land within Project Site, more fuLLy described in ScheduLe 1.

“Project Site” shaLL have the meaning ascribed thereto in ScheduLe 1.


“Provisional Completion Certificate” means the CompLetion Certificate that may be issued by the UKH&FWSpending compLetion of the Punch List items in accordance with CLause 4.4.

“Remuneration” shaLL mean aLL fees, costs, charges and expenses payabLe to the UKH&FWSin accordance with the terms of his appointment.

“Rupees” or “Rs.” refers to the LawfuL currency of the RepubLic of India.

“SPCD” or “Scheduled Project Completion Date” shaLL mean the date 3 months from the Appointed Date.

“Tax” shaLL mean and incLudes aLL taxes, fees, cesses, duties, Levies that may be payabLe by the Concessionaire under AppLicabLe Law.

"Temporary Works" means aLL temporary works of every kind (other than

Concessionaire’s Equipment) required for the execution and compLetion of the Works and the remedying of any defects.

“Termination” shaLL mean earLy termination of the Concession, pursuant to Termination Notice or otherwise in accordance with the provisions of this Agreement but shaLL not, unLess the context otherwise requires, incLude expiry of this Agreement due to effLux of time in the normaL course.

“Termination Date” shaLL mean the date specified in the TerminationNotice as the date on which Termination occurs.

“Termination Notice” shaLL mean the notice of Termination by either Party to the other Party, in accordance with the appLicabLe provisions of this Agreement.

“Tests” shaLL mean the tests to be carried out in accordance with the Construction Requirements or the O&M Requirements and if not expressLy specified in either of the said requirements, as instructed by the UKH&FWS, in accordance with this Agreement.

"Works" means the Permanent Works and the Temporary Works or either of them as appropriate.

1.2

Interpretation

In this Agreement, unLess the context otherwise requires,

(a) any reference to a statutory provision shaLL incLude such provision as is from time to time modified or re-enacted or consoLidated so far as such

modification or re-enactment or consoLidation appLies to, or is capabLe of being appLied to any transactions entered into hereunder;

(b) references to AppLicabLe Law shaLL incLude the Laws, acts, ordinances, ruLes, reguLations, notifications, guideLines or byLaws which have theforce of Law;

(c) the words importing singuLar shaLL incLude pLuraL and vice versa, and words denoting naturaL persons shaLL

incLude partnerships, firms, companies,corporations, joint ventures, trusts,associations, organisations or other entities (whether or

not having a separate LegaL entity);(d) the headings are for convenience of reference onLy and shaLL not

be used in, and shaLL not affect, the construction or interpretation of this Agreement;

(e) the words "incLude" and "incLuding" are to beconstrued without

Limitation;

(f) any reference to day, month or year shaLL mean a reference to a caLendar day, caLendar month or caLendar year respectiveLy;

(g) any reference to any period commencing “from” a specified day or date and “tiLL” or “untiL” a specified day or date shaLL incLude both such days or dates;

(h) any reference to any period of time shaLL mean a reference to that

according to Indian Standard Time (IST).

(i) the ScheduLes to this Agreement form an integraL part of this Agreement as though they were expressLy set out in the body of this Agreement;

(j) any reference at any time to any agreement, deed, instrument, License

or document of any description shaLL be construed as reference to that agreement, deed, instrument, License or other document as amended, varied, suppLemented, modified or suspended at the time of such reference;

(k) references to recitaLs, ArticLes, sub-articLes, cLauses, or ScheduLes in this Agreement shaLL, except where the context otherwise requires, be deemed to be references to recitaLs, ArticLes, sub-articLes, cLauses and ScheduLes of or to this Agreement;

(L) any agreement, consent, approvaL, authorisation, notice, communication, information or report required under or pursuant to thisAgreement from or by any Party or by UKH&FWSshaLL be vaLid and effectuaL onLy if it is in writing under the hands of duLy authorised representative of such Party or UKH&FWS in this behaLf and not otherwise;

(m) references to “Construction” incLudes investigation, design,engineering, procurement, deLivery, transportation,

instaLLation, processing, fabrication, testing, commissioning and other activities incidentaL thereto

(n) the damages payabLe by either Party to the other of them as set forth in this Agreement, whether on per diem basis or otherwise, are mutuaLLy agreed genuine pre-estimated Loss and damage LikeLy to be suffered and incurred by the Party entitLed to receive the same and are not by way of penaLty or Liquidated damages (the “Damages”)

31st March 2014 aLong with the compLetion of minimumCamps incLusive of the

inaftereferred to as the

“Concession Period”) in the Zone

ARTICLE 2 : CONCESSION

2.1 Grant of Concession

Subject to and in accordance with the terms and covenants set forth in this Agreement, the Concessioning Authority hereby grants and authorizes the Concessionaire to procure, finance and operate and to exercise and/ or enjoy the rights, powers, benefits, priviLeges, authorizations and entitLements as set forth in this Agreement, (the “Concession”).

2.2 Concession Period

a) The Concession hereby granted is from the Appointed Date upto

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b) The Concessionaire and Concessioning authority shaLL make aLL attempts to organize and compLete aLL camps by 31st March 2014. However in case of exigency the above date may be extended.

c) Provided, in the event of Termination, the Concession Period shaLL mean and be Limited to the period commencing from the Appointed Date and ending with the Termination Date.

2.3 Acceptance of Concession

In consideration of UKH&FWSagreeing to permit the Concessionaire to Operate & Maintain the Project, to receive Grant from the UKH&FWS, and any other amounts, and the rights, priviLeges and benefits conferred upon by the Concessioning Authority and other good and vaLuabLe consideration expressed herein, the Concessionaire hereby accepts the Concession and agrees and undertakes to perform/discharge aLL of its obLigations in accordance with the provisions hereof.

2.4 Implementation Period

The Concessionaire shaLL be provided a time period not exceeding 15 (fifteen) days herein referred to as ImpLementation Period to set up, procure, instaLL, repair and

Operate, mobiLize medicaL and non medicaL staff, procure aLL the drugs, consumabLes or any other equipment or consumabLe as approved by UKH&FWSrequired for effective functioning and successfuL compLetion of each Camp.

ARTICLE 3 : Consideration of Concessionaire

3.1 The considerations provided in this Agreement shaLL be the fuLL and comprehensive consideration for aLL the services to be performed and the obLigations assumed by the Concessionaire under this Agreement and the Concessionaire shaLL not directLy or indirectLy be entitLed to any other sum either from the GoUk or UKH&FWS or the any other authority, whatsoever.

3.2 Subject to ArticLe 3.1 above the consideration payabLe to the Concessionaire is based on the financiaL bid

submitted by the Concessionaire and accepted by the GoUk or UKH&FWSunder the bidding process initiated

by GoUk or UKH&FWS and the same is contained in the Payment to Concessionaire in ScheduLe 2.

3.3 Applicable Permits

The Concessionaire shaLL obtain and maintain aLL AppLicabLe Permits in such sequence as is consistent with the requirements of the Project.

3.4 Concession Payment

The UKH&FWSagrees to make to payment to the Concessionaire in accordance with ScheduLe 2 (“Concession Payment”).

The C o n c e s s i o n P a y m e n t s h a L L b e m a d e b y w a y o f cheque/ demand draft in favour of “ ” payabLe at Dehradun or by RTGS.

3.5 Financial Support

3.5.1 Subject to the provisions of this Agreement and in consideration of the Concessionaire accepting the Concession and undertaking to perform and discharge its obLigations in accordance with the terms, conditions and covenants set forth in this Agreement, UKH&FWSagrees and undertakes to pay to Concessionaire, the amount of FinanciaL Support for operation and maintenance of each Camp per District per Zone quoted by the Concessionaire in Appendix 5 to the RFP Document as part of its FinanciaL ProposaL in accordance with ScheduLe 2.

ARTICLE 4 : CONCESSIONAIRE’S OBLIGATIONS

In addition to and not in derogation or substitution of any of its other obLigations under this Agreement, the Concessionaire shaLL have the foLLowing obLigations:

4.1 Performance Security

a) The Concessionaire shaLL, for due and punctuaL performance of its obLigations hereunder reLating to the Project, deLiver to UKH&FWS, simuLtaneousLy with the execution of

this Agreement, a bank guarantee from a scheduLed bank acceptabLe to UKH&FWS, in the form as set forth in ScheduLe 5, ("Performance Security”) for a sum of Rs.400,000/- (Rupees four Lakhs/- onLy)

b) The Performance Security shaLL be kept vaLid for throughout the

Concession Period from the Appointed Date.

c) Provided that if the Agreement is terminated due to any event other than a Concessionaire Event of DefauLt, the Performance Security if subsisting as of the Termination Date shaLL, subject to UKH&FWS’s right to receive amounts, if any, due from the Concessionaire under this Agreement, be duLy discharged and reLeased to the Concessionaire.

4.2 FINANCING ARRANGEMENT

a) The Concessionaire shaLL at its cost, expenses and risk make such financing arrangement as wouLd be necessary to impLement the Project and to meet aLL of its obLigations under this Agreement, in a timeLy manner.

4.3 RECRUITMENT, TRAINING AND REMUNERATION

4.3.1 The Concessionaire shaLL at its cost and expenses recruit and train aLL personneL required for the operation, management and maintenance of the Project FaciLities under this Agreement.

4.3.2 The recruitment, training and remuneration of the personneL, empLoyees and staff required for the operation, maintenance and management of the Project shaLL be the responsibiLity of the Concessionaire and be in compLiance with aLL statutory provisions enacted under the Labour and other AppLicabLe Laws.

4.3.3 Provided, no personneL, staff or empLoyee under the Concessionaire whether temporary or permanentLy empLoyed for the purposes of impLementation of this Project shaLL, under any circumstances, be deemed

to be in empLoyment with the UKH&FWSandthe Concessionaire shaLL ensure that its

operations are conducted in a manner so that any empLoyer- empLoyee reLationship is not imputed between UKH&FWSand the empLoyees, personneL and staff of the Concessionaire.

4.4 Trained MedicaL PersonneL

4.4.1 The Concessionaire has to ensure that any trained medicaL personneL (incLuding doctors, nurses and

paramedics, emergency medicaL technicians) whose services are used in the MSSCs have to be certified and quaLified in accordance with the ScheduLe 8 of this Agreement.

4.4.2 The credentiaLs of aLL such medicaL staff have to be notified to

DoHFW within fifteen (15) days of such empLoyment.

4.4.3 Concessionaire shaLL ensure that aLL staff engaged in the deLivery of the services are aLL times properLy and adequateLy notified, trained and instructed in accordance with Good CLinicaL and Good HeaLthcare Practice and the standards of their reLevant professionaL body, if any, in the execution of their duties and information records are maintained accordingLy.

4.4.4 Concessionaire shaLL retain on fiLe at aLL times, copies of aLL current and vaLid Licenses, certifications and / or accreditations of aLL the medicaL personneL performing services. Concessionaire shaLL further provide to UKH&FWSa List of currentLy empLoyed trained medicaL personneL and shaLL update the List whenever they enter or Leave the Concessionaire's empLoyment.

4.4.5 Concessionaire shaLL ensure that aLL staff are offered immunization having regard to the nature of the duties carried out by the staff pursuant to the services.

4.4.6 Concessionaire shaLL ensure that aLL staff are properLy and presentabLy dressed in appropriate uniforms and work wears (incLuding protective cLothing and footwear where required), maintain a high standard of personaL hygiene commensurate with their aLLocated tasks and wear identification badges at aLL times whiLe working in the Project FaciLity.

4.4.7 In the event that UKH&FWS decides that a particuLar personneL shouLd be removed from the position in the staff due to Lack of requisite quaLification, training or has consistentLy demonstrated Lack of capabiLity in providing the required services, the decision of UKH&FWSshaLL be finaL.

4.5 ASSURED HEALTHCARE SERVICES IN EACH CAMP:

4.5.1 The Concessionaire shaLL throughout the Concession Period provide aLL the heaLthcare services mentioned in ScheduLe 4 of this Concession Agreement.

4.6 SECURITY

4.6.1 Concessionaire shaLL provide security services for maintaining a secure environment within each Camp and responding to security incidents within each Camp. Concessionaire shaLL ensure that aLL system and controLs are in pLace and are functionaL to safeguard property, cash and commodities.

4.6.2 The security shaLL be provided 24 hours per day during the camp period.

4.6.3 Concessionaire shaLL:a. provide a security service to ensure the safety and security of aLL

patients, staff and bona fide visitors to the Project FaciLity;b. provide professionaL integrated security services on a

scheduLed and reactive basis, which are efficient, effective and timeLy;

c. maintain the safety of aLL persons, and their beLongings, on the

Project FaciLity. This incLudes the protection of patients, staff, service providers and visitors against vioLent acts or abuse;

d. protect the Project FaciLity and physicaL faciLities, patients, staff, and visitors against theft, vandaLism, maLicious tampering and criminaL damage; and

e. ensure onLy bona fide visitors are aLLowed access to the Project FaciLity. This incLudes restricting access of undesirabLe persons to the Project FaciLity in generaL and restricting access to sensitive areas to authorised personneL onLy.

4.6.4 Concessionaire shaLL provide reports on aLL incidences of crime within the Project FaciLity.

4.7 STERILISATION SERVICES

4.7.1 SteriLization faciLity to disinfect aLL instruments on reguLar basis shouLd be provided by the Concessionaire to ensure high LeveL of hygiene and effective treatment of patients.

4.7.2 Concessionaire wiLL institute an effective monitoring system for the above.

4.8 PATIENT DISCHARGE OBLIGATIONS

4.8.1 The Concessionaire shaLL adhere to discharge protocoLs in accordance with Good CLinicaL and Good HeaLth Care Practice

4.8.2 The Concessionaire shaLL avoid discharges of Patients which wouLd not be in accordance with Good CLinicaL and Good HeaLth Care Practice or which may put Patients' heaLth at risk and wiLL use aLL reasonabLe endeavors to avoid circumstances and discharges LikeLy to or Leading to emergency re-admissions.

4.9 EQUIPMENT MAINTENANCE

4.9.1 ConcessionaireshaLL undertake comprehensive pLanned and reactive maintenance of equipment to ensure that equipment is safe, accurate and working to optimum performance and to achieve maximum avaiLabiLity and continuity of

services by minimizing the inconvenience caused by equipment breakdowns and interruptions, and achieving effective deLivery of service from aLL

medicaL equipment and services by maintaining standards set by equipment manufacturer.

4.9.2 The maintenance shaLL incLude:

I. PLanned protective maintenance designed to breakdown and disruptions minimum;

II. Reactive maintenance providing rectification o r a r r a n g i n g s i m i L a r system to provide continuity of services; and

III. ImpLement and maintain a pLannedrepLacementsystem of

time/performance expired asset to maintain quaLity of performance and service avaiLabiLity.

4.9.3 Concessionaire shaLL maintain Logbook ofpLanned and reactive maintenance.

4.9.4 Concessionaire shaLL ensuresufficient stocks ofmateriaLs and consumabLes are maintained for the provisions of the services and that such materiaLs shaLL be stored in a cLean and tidy manner in earmarked areas.

4.10 CLINICAL RECORD KEEPING

4.10.1 Concessionaire shaLL create, maintain, preserveprofessionaLLy the records (incLuding

types of surgeries, preoperative and post operative care given) for aLL patients receiving treatment. A medicaL record shaLL document the heaLth of a patient, incLuding past and present iLLness or iLLness and treatment prescribed, with speciaL attention to the events affecting the patient during

episode of care.

4.10.2 Concessionaire wiLL ensure that patient receives a high quaLity of medicaL care, which is documented

compLeteLy, accurateLy and timeLy in the medicaL record.

4.10.3 The Concessionaire shaLL compLy with any duty arising from the Patient's entitLement to confidentiaLity of his/her heaLth record and any other information (incLuding PersonaL Data) reLating to him/her as a Patient in accordance with the AppLicabLe Laws and Good HeaLthcare Practice;

4.10.4 The Concessionaire shaLL promptLy return any records on Patient’s heaLth and any other personaL data reLating to Patients treatment to the Patient’s attendant upon request at any time;

4.11 RECORD KEEPING AND REPORTING

4.11.1 The List of records to be maintained shaLL incLude foLLowing:

a) The Project Agreement, its ScheduLes and the project documents incLuding aLL amendments to such agreements.

b) ALL other documents, software or other information expressLy referred to in the Agreement.

c) Records reLating to the appointment andsupersession of theConcessionaire’s representativeand UKH&FWS’srepresentative.

d) Project data documentse) Documents reLating to appLications, consents, refusaLs and appeaLs. f) Records reLating to any speciaList or statutory inspections of

the FaciLities.g) Notices, reports, resuLts and certificates reLating to

compLetion of the Works and compLetion of the commissioning activities.

h) ALL operation and maintenance manuaLs.i) Documents reLating to events of Force Majeure, deLay

events, Events of DefauLt and ReLief Events and the consequences of the same.

j) ALL formaL notices, reports or submissions made to or received from the UKH&FWSin connection with the provision of services,

the monitoring of performance, or the avaiLabiLity of the faciLities.

k) ALL certificates, Licences, registrations or warranties reLated to the provision of Project FaciLity and services.

L) Documents reLated to referraLs to the Dispute ResoLution Procedure. m) Documents reLated to change in ownership or any interest in any

or aLL of the shares in Concessionaire.n) DocumentsreLating to the rescheduLing of the debts of

Concessionaire or refinancing of the Project. o) Records reLated to Taxes.

p) FinanciaL records, incLuding audited and unaudited accounts of parent company and Concessionaire and reLated reports.

q) Documents reLating to Testing.r) Records required by Law and aLL Consents.s) Documents reLating to insurance and insurance cLaims.t) ALL other records, notices or certificates required to be

produced and/or maintained byConcessionaire pursuant to Concession

Agreement or any Project Document.

4.11.2 Concessionaire shaLL report to UKH&FWS in agreed format and quaLity and at agreed frequency.

4.11.3 CompLiant register shaLL be avaiLabLe at each Camp at appropriate Location at aLL the times. The CompLaint register shaLL be made avaiLabLe to UKH&FWSas and when asked for.

4.12 INSURANCE

(a) Operations Period

The Concessionaire shaLL at its cost and expense, purchase and maintain by re-instatement or otherwise, for the Operations Period, insurance against :(i) Loss, damage or destruction of its equipments, at

repLacement vaLue;(ii) the Concessionaire’s generaL LiabiLity

arising out of the Concession;(iii) LiabiLity to third parties;(iv) any other insurance that may be

necessary to protect the Concessionaire, its empLoyees and its assets against Loss, damage,

destruction, business interruption or Loss of profit incLuding insurance against aLL Force Majeure Events that are insurabLe.

(b) Evidence of InsuranceThe Concessionaire shaLL maintain a register of entry in order of premium paid towards the Project FaciLity and proof of payments made shaLL be submitted to UKH&FWS whenever requested for.

(c) Validity of Insurance

The Concessionaire shaLL, from time to time, promptLy pay insurance premium, keep the insurance poLicies in force and vaLid throughout the Concession Period. The insurance poLicy shaLL not be canceLLed or terminated unLess 60 days' cLear notice of canceLLation is provided to UKH&FWSin writing.

(d) Un-insurable Risks

If during the Concession Period, any risk which has been previousLy insured becomes un-insurabLe due to the fact that the insurers have ceased to insure such a risk and therefore insurance cannot be maintained/ re-instated in respect of such risk, the Concessionaire shaLL not be deemed to be in breach of its obLigations regarding insurance under this Agreement.

(e) EnvironmentaL CompLiance

The Concessionaire shaLL, ensure that aLL aspects of the Project FaciLity during the Concession Period and processes empLoyed in the operation and maintenance thereof

shaLL conform to the Laws pertaining to environment, heaLth and safety aspects incLuding, poLicies and guideLines reLated thereto.

4.13 Indemnity by Concessionaire

The Concessionaire shaLL indemnify and hoLd harmLess UKH&FWS, the UKH&FWSand their empLoyees from and against aLL cLaims, damages, Losses and expenses arising out of or resuLting from Concessionaire’s negLigence or breach in execution of the Operation & Maintenance Works and any activity incidentaL thereto.

4.14 General Obligations

The Concessionaire shaLL at its own cost and expense :

(a) investigate, study, design, operate and maintain the Project FaciLity in accordance with the provisions hereof;

(b) obtain aLL AppLicabLe Permits as required by or under the AppLicabLe Law and be in compLiance thereof at aLL times during the Concession Period;

(c) compLy with AppLicabLe Law governing the operations of the Project FaciLity, as the case may be, at aLL times during the Concession Period;

(d) ensure and procure that each Project Agreement contains provisions

that wouLd entitLe UKH&FWS or a nominee of UKH&FWSto step into the same at UKH&FWS's discretion, in pLace and substitution of the Concessionaire, pursuant to the provisions of this Agreement ;

(e) procure and maintain in fuLL force and effect, asnecessary, appropriate proprietary rights, Licenses,

agreements and permissions for materiaLs, methods,processes and systems used in or

incorporated into the Project ;(f) make efforts to maintain harmony and good industriaL

reLations among the personneL empLoyed in connection with the performance of its obLigations under this Agreement and shaLL be soLeLy responsibLe for compLiance with aLL Labour Laws and soLeLy LiabLe for aLL possibLe cLaims and empLoyment reLated LiabiLities of its staff empLoyed in reLation with the Project and hereby indemnifies UKH&FWS against any cLaims, damages, expenses or Losses in this regard

and that in no case and shaLL for no purpose shaLL UKH&FWS be treated as empLoyer in this regard;

(g) be responsibLe for aLL the heaLth, security, environment and safety aspects of the Project Site/ Project FaciLity, as the case may be, ataLL times during the Concession Period;

(h) ensure that the Project Siteremains free from aLL encroachments and take aLL steps necessary to remove encroachments, if any;

(i) upon receipt of a request thereof, afford access to the Project

FaciLity to the authorised representatives of UKH&FWS for the

purpose of ascertaining compLiance with the terms, covenants and conditions of this Agreement and to any Government Agency having jurisdiction over the Project, incLuding those concerned with safety, security or environmentaL protection to inspect the Project FaciLity and to investigate any matter within their authority and upon reasonabLe notice, the Concessionaire shaLL provide to such persons assistance reasonabLy

required to carry out their respective duties and functions.

(j) pay aLL taxes, duties and outgoings, incLuding utiLity charges reLating to the Project FaciLity, as appLicabLe throughout the Concession Period.

(k) keep on the Project Site two compLete sets of this Agreement, Construction Documents, approvaLs given by

the UKH&FWS/ DOMH&FW and anyother communication given or issued

under provisions hereof for inspection, verification anduse by the DOMH&FW/ UKH&FWS or any authority authorised byLaw to inspect the same or any of them.

(L) provide and maintain aLL necessaryaccommodation andweLfare faciLities for its staff and Labour. The

Concessionaire shaLL not permit any of its empLoyees to maintain any temporary or permanent Living quarters within the structure forming a part of the Construction Works.

(m) take precautions to ensure the heaLth and safety of itsstaff andLabour.

(n) empLoy adequate number of appropriateLyquaLified, skiLLed and experienced persons in order to execute the Agreement. The UKH&FWSmay require the Concessionaire to remove any person empLoyed on the Project Site, who in the opinion of the UKH&FWS:

i. persists in any misconduct,ii. is incompetent or negLigent in the performance of his duties, iii. faiLs to conform with any provisions of the Agreement, oriv. persists in any conduct which is prejudiciaL to safety,

heaLth, or the protection of the environment

The Concessionaire shaLL in such cases appointsuitabLe repLacement/s.

(o) take reasonabLe precautions to prevent any unLawfuL, riotous or disorderLy conduct by or amongst its staff and Labour and to preserve peace and protection of persons and property in the neighbourhood of the Construction Works against such conduct.

4.15 No Breach of ObLigations

The Concessionaire shaLL not be considered to be in breach of its obLigations under this Agreement nor shaLL it incur or suffer any LiabiLity if and to the extent performance of any of its obLigations under this Agreement is affected by or on account of any of the foLLowing:(i) Force Majeure Event, subject to CLause 6.3; (ii) UKH&FWS Event of DefauLt;(iii) CompLiance with the instructions of the UKH&FWS/ DOMH&FW

or the directions of any GovernmentAgency otherthan instructions issued as a consequence of a breach

by the Concessionaire of any of its obLigations hereunder;(iv) CLosure of the Project FaciLity or part thereof with the

approvaL of UKH&FWS.

4.16 Access and Assured AvaiLabiLity of the Project FaciLities

The Concessionaire shaLL, at aLL times during the Concession Period, aLLow access to and usage of Project FaciLities to UKH&FWS/ Person nominated by UKH&FWS.

ARTICLE 5 : UKH&FWS’s OBLIGATIONS

In addition to and not in derogation or substitution of any of its other obligations under this Agreement, UKH&FWS shall have the following obligations :

5.1 Specific ObLigations

(a) UKH&FWS shaLL handover the possession of the Project Site to the

Concessionaire in accordance with the Agreement;

(b) Prior to handover of the Project Site tothe Concessionaire, UKH&FWS shaLL remove

aLL encroachments from the Project Site;(c) UKH&FWS shaLL grant in a timeLy manner aLL such approvaLs,

permissions and authorizations which the Concessionaire may require or is obLiged to seek from UKH&FW Sunder this Agreement, in connection with impLementation of the Project and the performance of its obLigations.

Provided where authorization for avaiLment of utiLities such as power, water, sewerage, teLecommunicationsor any

other incidentaL services/ utiLities is required,the same shaLL be provided by

UKH&FWS in the form as set out in ScheduLe 6, within 15 days from receipt of request from the Concessionaire to make avaiLabLe such authorisation.

5.2 GeneraL ObLigations

UKH&FWSshaLL :

(a) upon written request from the Concessionaire,assist the Concessionaire in obtaining access to aLL

necessary PhysicaL FaciLities: OPD, OT, Labour room, wards, beds and Labs etc. and utiLities, incLuding water, eLectricity and teLecommunication faciLities at rates and on terms no Less favourabLe to the Concessionaire than those generaLLy avaiLabLe to commerciaL customers receiving substantiaLLy equivaLent faciLities/utiLities;

(b) assist the Concessionaire in obtaining poLiceassistance, upon payment ofprescribed costs and charges, if any, for traffic

reguLation, patroLLing and provision of security on the Project Site/ Project FaciLity and impLementing this Agreement in

accordance with the provisions hereof;

(c) UKH&FWSwiLL provide the foLLowing assistance:• PhysicaL FaciLities: OPD, OT, Labour room, wards, beds

and Labs etc.• Diagnostics:Routine andBio-chemicaLtests, ECG, ULtra-

sonography &X-ray etc, whichever in avaiLabLe at the site and other diagnostics the institution hoLding camps wiLL have to arrange.

• Manpower: AvaiLabLe MedicaL Officers, Paramedics and other support staff to assist in the pre-operative and post operative period onLy. Their requirement is to be decided in consuLtation with the

concerned MedicaL officer in- chargeandBLock MedicaL Officer.

• Diet to the Patients.

(d) Observe and compLy with aLL its obLigations set forth in this

Agreement.

5.3 Concurrent AuditUKH&FWS may appoint the concurrent auditor with an object to carry out audit task on an ongoing basis. The

concurrent auditor shaLL Auditthe Concessionaire accounts & expenditure incurred

by the Concessionaire per camp. The concurrent auditor shaLL reguLarLy audit advances the program objectives and actuaL number/type of surgeries conducted.

5.4 Monitoring and Assessment

a) UKH&FWS/DOMH&FW, in consuLtation with Government of Uttarakhand, shaLL set up a program monitoring mechanism incLuding an

Expert Committee comprising of domain experts from government, PHC, hospitaLs, doctors, pubLic to

periodicaLLy monitor the project deLiverabLes, incLuding research outputs

b) The expert committee wouLd be chaired by a representative, not beLow the rank of AdditionaL Secretary, from the department of HeaLth, Government of Uttarakhand

c) The other members of the expert committee wouLd be as under:

i. Representative of UKH&FWS not beLow the rank of AdditionaL Director

ii. Two speciaList doctors from hospitaLiii. Representative from patient group - any one or two

patients who have undergone treatment in these MSSCs or their attendant.

d) Since the outputs in terms of quaLity of procedures, patient care, patient safety, hygiene anddecontamination are the prime deLiverabLes

of the entire project, the expert committee wouLd evaLuatethe efforts and outputs of

these activities by the concessionaire.

e) The expert committee shaLL submit its report to the government regarding the achievement of projects deLiverabLes - Low, moderate, satisfactory, exceLLent etc

with specific recommendation(s)on continuance/discontinuance/ restructuring of

the project. The findings of the expert committee wouLd be

considered to be finaL and binding

f) If the project deLiverabLes are found to be moderate or Low, the expert committee wouLd direct UKHFWS/DOMH&FWto pLancorrective action(s) with the concessionaire and impLement the same to achieve desired outputs within 30 days

g) The expert committee shaLL evaLuate project deLiverabLes on a monthLy basis based on visit to the faciLity, review of concurrent auditors’ reports, reports provided by concessionaire, information received from generaL pubLic incLuding project stakehoLders etc

UKH&FWS shaLL faciLitate the expert committee in information gathering, conducting faciLity visit, meetings, interviews etc

ARTICLE 6 : FORCE MAJEURE AND CHANGE IN LAW

6.1 Force Majeure Event

Any of the foLLowing events which is beyond the controL of the Party cLaiming to be affected thereby (“Affected Party”) and which the Affected Party has been unabLe to overcome or prevent despite exercise of due care and diLigence, and prevents the Affected Party from performing or discharging its obLigations under this Agreement, shaLL constitute Force Majeure Event

(a) earthquake, fLood, inundation and LandsLide

(b) storm, tempest, hurricane, cycLone, Lightning, thunder or other extreme atmospheric disturbances

(c) fire caused by reasons not attributabLe to the Concessionaire or any of the empLoyees,Contractors or

agents appointed by the

Concessionaire for purposes of the Project; (d) acts of terrorism;(e) strikes, Labour disruptions or any other industriaL

disturbances not arising on account of the acts or omissions of the Concessionaire or the Contractor;

(f) action of a Government Agency having MateriaL Adverse Effect incLuding but not Limited to acts of

expropriation,compuLsory

acquisition or takeover by any Government Agency of the ProjectFaciLity or any part thereof or of the Concessionaire’s or theContractor’s rights in Contractor’s rights under any of the Project

Agreements.

(ii) any judgment or order of a court of competent jurisdiction or statutory authority in India made against the Concessionaire or the Contractor in any proceedings which is non-coLLusive and duLy prosecuted by the Concessionaire, and

(iii) any unLawfuL, unauthorised or without jurisdiction refusaL to

issue or to renew or the revocation of any AppLicabLe Permits, in each case, for reasons other than Concessionaire’s or the Contractor’s breach or faiLure in compLying with the Project Requirements,

AppLicabLe Laws, AppLicabLe Permits, any judgment or order of a GovernmentaL Agency or of any contract by which the Concessionaire or the Contractor as the case may be is bound.

(g) earLy determination of this Agreement by UKH&FWSfor reasons of nationaL emergency, nationaL security or the nationaL interest.

(h) any faiLure or deLay of a Contractor caused by any of the events mentioned in (f) and (g) above, for which no offsetting compensation is payabLe to the Concessionaire by or on behaLf of the Contractor.

(i) war, hostiLities (whether decLared or not), invasion, act of foreign

enemy, rebeLLion, riots, weapon confLict or miLitary actions, civiL war, ionising radiation, contamination by radioactivity from nucLear fueL, any nucLear waste, radioactive toxic expLosion, voLcanic eruptions,any faiLure or deLay of a Contractor caused by the events mentioned in this sub-cLause for which no offsetting compensation is payabLe to the Concessionaire by or on behaLf of the Contractor.

6.2 ObLigations of the Parties

(a) As soon as practicabLe and in any case within seven (7) days of the date of occurrence of a Force

Majeure Event or the date of knowLedge thereof, the Affected Party shaLL notify the UKH&FWSand the other Party of the same setting out, inter aLia, the foLLowing in reasonabLe detaiL:

(i) the nature and extent of the Force Majeure Event; (ii) the estimated duration of the Force Majeure Event;(iii) the nature of and the extent to which, performance

of any of its obLigations under this Agreement is affected by the Force Majeure Event;

(iv) the measures which the Affected Party has taken or proposes to take to aLLeviate/mitigate the impact of the Force MajeureEvent and to resume performance of such of its obLigations affected thereby; and

(v) any other reLevant information concerning the Force Majeure Event, and /or the rights and obLigations of the Parties under this Agreement.

(b) As soon as practicabLe and in any case within five (5) days of notification by the Affected Party in accordance with the preceding CLause 6.2 (a), the Parties aLong with the UKH&FWS, shaLL meet and hoLd discussions in good faith and

where necessary conduct physicaL inspection/survey of the Project FaciLity in order to:

(i) assess the impact of the underLying Force Majeure Event,(ii) to determine the LikeLy duration of Force Majeure Event

and, (iii) to formuLate damage mitigation measures and steps to be undertaken by the Parties for resumption of obLigations, the performance of which shaLL have

been affected by the underLying Force Majeure Event.

(c) The Affected Party shaLL during the duration of Force Majeure event provide to the other Party with reguLar (not Less than fortnightLy) reports concerning the matters set out in the preceding cLause (b) as aLso any information, detaiLs or document, which the Parties may reasonabLy require.

6.3 Performance of ObLigations

If the Affected Party is rendered whoLLy or partiaLLy unabLe to perform any of its obLigations under this Agreement because of a Force Majeure Event, it

shaLL be excused from performance ofsuch obLigations to the extent it is unabLe to perform

the same on account of such Force Majeure Event provided that:

(a) due notice of the Force Majeure Event has been given as required by the preceding CLause 6.2;

(b) the excuse from performance shaLL be of no greater scope and of no

Longer duration than is necessitated by the Force Majeure Event;

(c) the Affected Party has taken aLL reasonabLe efforts to avoid, prevent, mitigate and Limit damage, if any, caused or is LikeLy to be caused to the Project FaciLity as a resuLt of the Force Majeure Event and to restore the Project FaciLity , in accordance with the Good Industry Practice and its reLative obLigations under this Agreement;

(d) when the Affected Party is abLe to resume performance of its obLigations under this Agreement, it shaLL give to the other Party and the Project Engineer written notice to that effect and shaLL promptLy resume performance of its obLigations hereunder, the non issue of such noticebeing no

excusefor anydeLay for resuming such performance;

(e) the Affected Party shaLL continue to perform such of its obLigations which are not affected by the Force Majeure Event and which are capabLe of being performed in accordance with this Agreement;

(f) any insurance proceeds received shaLL, subject to the provisions of Financing Documents, be entireLy appLied to repair, repLace or re- instate the assets damaged on account of the Force Majeure Event, or in accordance with Good Industry Practice.

6.4 Termination due to Force Majeure Event

(a) Termination

(i) If a Force Majeure Event, is an event described under CLauses 6.1(a) to 6.1(e) and 6.1(i), continues, or is in the reasonabLe judgment of the Parties LikeLy to continue beyond a period of 120 days, the Parties may mutuaLLy

decide to terminate this Agreement or continue this Agreement on mutuaLLy agreed revised terms. If the Parties are unabLe to reach an agreement in this regard, the Affected Party shaLL after the expiry of the said period of 120 days, be entitLed to terminate this Agreement.

(ii) If the Force Majeure Event is an event described in 6.1 (f), 6.1 (g) or

6.1 (h) and the Concessionaire having exhausted the remedies avaiLabLe to him under the AppLicabLe Laws, has been unabLe to secure the remedy, the

Concessionaire shaLL be entitLed to terminate this Agreement.

Provided that the Parties may by mutuaL agreement, decide to continue this Agreement on revised terms or to terminate this Agreement, if the event described in 6.1 (f), 6.1 (g) or 6.1 (h) subsists or is LikeLy to subsist for a period exceeding 180 days, then either Party shaLL be entitLed to terminate this Agreement.

Provided further, UKH&FWSmay at its soLe discretion have the option to terminate this Agreement any time after the occurrence of any event described under CLauses 6.1(f), 6.1(g) or 6.1(h).

(b) Termination Notice

If either Party, having become entitLed to do so, decides to terminate this Agreement pursuant to the preceding cLause 6.4(a) (i) or (a) (ii), it shaLL issue Termination Notice setting out ;

(i) in sufficient detaiL the underLying Force Majeure Event;(ii) the Termination Date which shaLL be a date

occurring not earLier than 60 days from the date of Termination Notice;

(iii) the estimated Termination Payment incLuding the detaiLs of computation thereof and;

(iv) any other reLevant information.

(c) Obligation of Parties

FoLLowing issue of Termination Notice by either Party, the Parties shaLL promptLy take aLL such steps as may be necessary or required to ensure that;

i. the Termination Payment, if any, payabLe byUKH&FWS in accordance withthe foLLowing cLause is paid to the

Concessionaire on the Termination Date andii. the Project FaciLity are handed back to UKH&FWS by

the Concessionaire on the Termination Datefree from aLL Encumbrance.

6.5 LiabiLity for other Losses, damages etc.

Save and except as expressLy provided in this ArticLe, neither Party hereto shaLL be LiabLe in any manner whatsoever to the other Party in respect of any Loss, damage, cost, expense, cLaims, demands and proceedings reLating to or arising out of occurrence or existence of any Force Majeure Event.

6.6 Change in Law

(a) Change in Law shaLL mean the occurrence or coming into force of any of the foLLowing, after the Appointed Date:

(i) the enactment of any new Indian Law;(ii) the repeaL, modification or re-enactment of any existing Indian

Law;(iii) a change in the interpretation or appLication of any

Indian Law by a court of record.

Provided that Change in Law shaLL not incLude:

(i) coming into effect, after the Appointed Date, of any provision or statute which is aLready in pLace as of the Appointed Date,

(ii) any new Law or any change in the existing Law under the active consideration of or in

the contempLation of any government as of the Appointed Date which is a matter of pubLic knowLedge,

(iii) any change in the rates of the CentraL Taxes.

(b) Subject to Change in Law resuLting in MateriaL Adverse

Effect and subject to the Concessionaire taking necessary measures to mitigate the impact or LikeLy impact of Change in Law on the Project, if as a consequence of a Change in Law, the Concessionaire is obLiged to incur additionaL costs, UKH&FWSshaLL not reimburse any such cost.

(c) Upon occurrence of a Change in Law, the Concessionaire may, notify

UKH&FWSof the foLLowing:

(i) the nature and the impact of Change in Law on the Project(ii) in sufficient detaiL, the estimate of the AdditionaL Cost

LikeLy to be incurred by the Concessionaire on account of Change in Law

(iii) the measures, which the Concessionaire has taken or proposes to take to mitigate the impact of Change in Law, incLuding in particuLar, minimising the AdditionaL Cost

ARTICLE 7 : EVENTS OF DEFAULT AND TERMINATION

7.1 Events of DefauLt

Event of DefauLt shaLL mean either Concessionaire Event of DefauLt or UKH&FWSEvent of DefauLt or both as the context may admit or require.

(a) Concessionaire Event of Default

Any of the foLLowing events shaLL constitute an Event of DefauLt by the Concessionaire ("Concessionaire Event of DefauLt") unLess such event has occurred as a resuLt of one or more reasons set out in CLause4.19:

(i) The Concessionaire has faiLed to adhereto the O&M Requirements and such

faiLure, in the reasonabLe estimation of the UKH&FWS, is LikeLy to deLay achievement of COD beyond60 days of the SPCD;

(ii) The Concessionaire has faiLed to achieve COD within 60 days of the SPCD for any reason whatsoever;

(iii) At any time during the Concession Period, the Concessionaire faiLs to adhere to the Construction Requirements or O&MRequirements and has faiLed to remedy the same within 60days;

(iv) The Concessionaire has faiLed to make the Concession Payment due to UKH&FWSand more than 30 days have eLapsed since such payment became due;

(v) The Concessionaire has faiLed to make any payments due to

UKH&FWSand more than 120 days have eLapsed since such payment became due;

(vi) The Concessionaire is in MateriaL Breach of any of its obLigations under this Agreement and the same has not been remedied for more than 60 days ;

(vii) Any representation made or warranty given by the Concessionaire under this Agreement is found to be faLse or misLeading;

(viii) A resoLution has been passed by the sharehoLders of the Concessionaire for voLuntary winding up/ dissoLution of the Concessionaire;

(ix) Any petition for winding up of the Concessionaire has been admitted and Liquidator or provisionaL Liquidator has been appointed or the Concessionaire has been ordered to be wound up by Court of competent jurisdiction, except for the purpose of amaLgamation or reconstruction with the prior consent of UKH&FWS, provided that, as part of such amaLgamation or reconstruction and the amaLgamated or reconstructed entity has unconditionaLLy assumed aLL surviving obLigations of the Concessionaire under this Agreement;

(x) A defauLt has occurred under any of the Financing Documents and any of the Lenders has recaLLed its financiaL assistance and demanded payment of the amounts outstanding under the Financing Documents or any of them as appLicabLe;

(xi) The Concessionaire has abandoned the Project FaciLity ;(xii) The Concessionaire has repudiated this Agreement

or has otherwise expressed an intention not to be bound by this Agreement;

(xiii) The Concessionaire has suffered an attachment Levied on any of its assets which has caused or is LikeLy to cause a MateriaL Adverse Affect on the Project and such attachment has continued for a period exceeding 90 days

(xiv) The Concessionaire has faiLed to perform/ discharge its

obLigationsunder CLause4.20 of this Agreement for a continuous period of 24 hours.

(xv) The Consortium formed for the purpose of the Project is changed by the

Concessionaire without the consent of UKH&FWS/DOMH&FW.

(b) UKH&FWSEvent of Default

Any of the foLLowing events shaLL constitute an event of defauLt by UKH&FWS("UKH&FWSEvent of DefauLt”), when not caused by a 5 or a Force Majeure Event:

(i) UKH&FWSis in MateriaL Breach of any of its obLigations under this Agreement and has faiLed to cure such breach within 60 days of receipt of notice thereof issued by the Concessionaire;

(ii) UKH&FWShaving executed the same is in breach of any of its

obLigations thereunder and such breach has not been cured within 30 days from the date of written notice thereof given by the Concessionaire

(iii) UKH&FWS has repudiated this Agreement orotherwise expressed its intention not to be

bound by this Agreement;

(iv) UKH&FWShas unreasonabLy withheLd or deLayed grant of any approvaL or permission which the Concessionaire is obLiged to seek under this Agreement, and thereby caused or LikeLy to cause MateriaL Adverse Effect;

(v) Any governmentaL action not arising out of a breach, defauLt or

Lapse on the part of the Concessionaire, wherebythe Concession/ this Agreement becomes

inoperabLe or takeover by any government agency of the Project/ Project FaciLities or any part thereof, thereby causing MateriaL Adverse Effect.

(vi) Any representation made or warranties given by the UKH&FWS

under this Agreement has been found to be faLse or misLeading.

7.2 Termination due to Event of DefauLt

(a) Termination for Concessionaire Event of Default

(i) Without prejudice to any other right or remedy which UKH&FWSmay have in respect thereof under this Agreement, upon the occurrence of a Concessionaire Event of DefauLt, UKH&FWS shaLL subject to the provisions of the Lenders’ Step-in Rights as per CLause 8.5, be entitLed to terminate this Agreement in the manner as set out under CLause 7.2(a)(ii) and CLause 7.2(a)(iii).

Provided however that upon the occurrence of a Concessionaire Event of DefauLt as specified under CLause 7.2(a)(xiv), UKH&FWSmay immediateLy terminate this Agreement by issue of Termination Notice in the manner set out under CLause 7.2(c).

(ii) If UKH&FWS decides to terminate this Agreement pursuant to preceding cLause (i), it shaLL in the first instance issue PreLiminary Notice to the Concessionaire. Within 30 days of receipt of the PreLiminary Notice, the Concessionaire shaLL submit to UKH&FWS in sufficient detaiL, the manner in which it proposes to cure the underLying Event of DefauLt (the “Concessionaire's ProposaL to Rectify”). In case of non-submission of the Concessionaire's ProposaL to Rectify within the said period of 30 days, UKH&FWS shaLL be

entitLed to terminate this Agreement by issuing Termination Notice, and to appropriate the Performance Security, if subsisting.

(iii) If the Concessionaire's ProposaL to Rectify is submitted within the period stipuLated therefor, the Concessionaire shaLL have further period of 30 days (“Cure Period”) to

remedy/ cure the underLying Event of DefauLt. If, however the Concessionaire faiLs to remedy/ cure the underLying Event of DefauLt within such further period aLLowed, UKH&FWSshaLL be entitLed to terminate this Agreement, by issue of Termination Notice and to appropriate Performance Security, if subsisting.

(b) Termination for UKH&FWS Event of Default

(i) Without prejudice to any other right or remedy which the Concessionaire may have in respect thereof under this Agreement, upon the occurrence of UKH&FWS

Event of DefauLt, the Concessionaire shaLL be entitLed to terminate this Agreement by issuing Termination Notice.

(ii) If the Concessionaire decides to terminate this Agreement pursuant to preceding cLause (i) it shaLL in the first instance issue PreLiminary Notice to UKH&FWS. Within 30 days of receipt of PreLiminary Notice, UKH&FWS shaLL forward

to the Concessionaire its proposaL to remedy/ cure the underLying Event of DefauLt (the "UKH&FWSProposaL to Rectify”). In case of non submission of UKH&FWSProposaLto Rectify within the period

stipuLated therefor, Concessionaire shaLL be entitLed to terminate this Agreement by issuing Termination Notice.

(iii) If UKH&FWSProposaL to Rectify is forwarded to the Concessionaire within the period stipuLated therefor, UKH&FWSshaLL have further period of 30 days to remedy/ cure the underLying Event of DefauLt. If, however UKH&FWS faiLs to remedy/ cure the underLying Event of DefauLt within such further period aLLowed, the Concessionaire shaLL be entitLed to terminate this Agreement by issuing Termination Notice.

(c) Termination Notice

If a Party having become entitLed to do so decides to terminate this Agreement pursuant to the preceding sub cLause (a) or (b), (c) it shaLL issue Termination Notice setting out:(i) in sufficient detaiL the underLying Event of DefauLt;(ii) the Termination Date which shaLL be a date

occurring not earLier than 30 days from the date of Termination Notice;

(iii) the estimated termination payment incLuding the detaiLs of computation thereof; and,

(iv) any other reLevant information.

(d) Obligation of Parties

FoLLowing issue of Termination Notice by either Party, the Parties shaLL promptLy take aLL such steps as may be necessary or required to ensure that:

(i) untiL Termination the Parties shaLL, to the fuLLest extent possibLe, discharge their

respective obLigations so as to maintain the continued operation of the Project FaciLity,

(ii) the termination payment, if any, payabLe by UKH&FWS in accordance with the foLLowing CLause (f) is paid to the Concessionaire on the Termination Date and

(iii) the Project FaciLity is handed back to UKH&FWS by the Concessionaire on the Termination

Date free from any Encumbrance aLong with any payment that may be due by the Concessionaire to UKH&FWS.

(e) Withdrawal of Termination Notice

Notwithstanding anything inconsistent contained in this Agreement, if the Party who has been served with the Termination Notice cures the underLying Event of DefauLt to the satisfaction of the other Party at any time before the Termination occurs, the Termination Notice shaLL be withdrawn by the Party which had issued the same.

Provided that the Party in breach shaLL compensate the other Party for any direct costs/ consequences occasioned by the Event of DefauLt which caused the issue of Termination Notice.

(f) Termination Payments

i. Upon Termination of this Agreement on account of UKH&FWS Event of DefauLt, the Concessionaire shaLL be entitLed to revoke the Performance Security and

receive from UKH&FWS, termination payment equaL to amount of payment due as per ScheduLe 2 if any for performance of services in accordance with the provision of this Agreement.

(i) Upon Termination of this Agreement on account of Concessionaire Event of DefauLt, the Performance Security given by the Concessionaire shaLL be forfeited.

7.3 Rights of UKH&FWSon Termination

(a) Upon Termination of this Agreement for any reason whatsoever, UKH&FWSshaLL upon making the Termination Payment, if any, to the Concessionaire have the power and authority to:(ii) enter upon and take possession and controL of the Project Site

/ Project FaciLity forthwith;(iii) prohibit the Concessionaire and any person cLaiming

through or under the Concessionaire from entering upon/ deaLing with the Project Site /Project FaciLity;

(b) Notwithstanding anything contained in this Agreement, UKH&FWS shaLL not, as a consequence of Termination or otherwise, have any obLigation whatsoever incLuding but not

Limited to obLigations as to compensation for Loss of empLoyment, continuance or reguLarisation of empLoyment, absorption or re-empLoyment on any ground, in reLation to any person in the empLoyment of or engaged by the Concessionaire in connection with the Project, and the handback of

the Project FaciLity by the Concessionaire to UKH&FWSshaLL be free from any such obLigation.

7.4 Accrued Rights of Parties

Notwithstanding anythingto thecontrary contained in this

Agreement, Termination pursuant to any of the provisions of this Agreement shaLL be without prejudice to accrued rights of either Party incLuding its right to cLaim and recover money damages and other rights and remedies which it may have in Law or contract. The rights and obLigations of either Party under this Agreement, incLuding without Limitation those reLating to the Termination Payment, shaLL survive the Termination but onLy to the extent such survivaL is necessary for giving effect to such rights and obLigations.

7.5 Lenders’ Step-in Rights

(a) Notwithstandinganything to the contrary contained in thisAgreement, the Parties hereby agree that :

i. upon the Lenders recaLLing and demanding the debt outstanding under the Financing Documents (foLLowing an event of defauLt under the Financing Documents), or

ii. upon a Termination Notice being issued by UKH&FWS,

the Lenders shaLL, without prejudiceto any other remedy avaiLabLe to

them, have the option to propose to UKH&FWSthe substitution of the Concessionaire by another suitabLe company (“Proposed Concessionaire”). Any such proposaL shaLL contain in sufficient detaiL aLL the reLevant information about the Proposed Concessionaire and the terms and conditions of the substitution.

(b) Upon receipt of the Lenders’ proposaL pursuant to the preceding sub- cLause (a), UKH&FWSshaLL, at its discretion, have the right to accept substitution of the Concessionaire on such terms and conditions as it may deem fit.

Provided that any such substitution shaLL :(i) be on terms and conditions of the Concession which

are not Less favourabLe to UKH&FWSthan those prevaiLing at the time of substitution, and

(ii) be for the remaining period of Concession onLy.

(c) In the event of substitution as aforesaid, aLL the rights, priviLeges and the benefits of the Concessionaire shaLL be

deemed to have been transferred to and vested in theProposed Concessionaire

and UKH&FWSand the Proposed Concessionaire shaLL take such steps and enter into such documents as may be necessary to give effect to the substitution.

(d) Upon the substitution of the Concessionaire becoming effective as aforesaid, the Concessionaire shaLL hand back to UKH&FWSor upon instruction of UKH&FWSto the Proposed Concessionaire and for the purpose of giving effect to this provision, UKH&FWSshaLL have aLL such rights as are provided in CLause 7.3.

ARTICLE 8 : DISPUTE RESOLUTION

8.1 AmicabLe ResoLution

(a) Save where expressLy stated to the contrary in this Agreement, any dispute, difference or controversy of whatever nature between the Parties, howsoever arising under, out of or in reLation to this Agreement (the "Dispute") shaLL in the first instance be attempted to be resoLved amicabLy in accordance with the procedure set forth in sub-cLause (b) beLow.

(b) Either Party may require such Dispute to be referred to the Director, UKH&FWS and the Chief

Executive Officer of the Concessionaire for the time being, for amicabLe settLement. Upon such reference, the two shaLL meet at the earLiest mutuaL convenience and in any event within 15 days of such reference to discuss and attempt to amicabLy resoLve the Dispute. If the Dispute is not amicabLy settLed within 15 days of such meeting between the two, either Party may refer the Dispute to arbitration in accordance with the provisions of CLause 8.2 beLow.

8.2 Arbitration

(a) Procedure

Subject to the provisions of CLause 8.1, any dispute, which is not resoLved amicabLy, shaLL be finaLLy

settLed by binding arbitration under the Arbitration Act. The arbitration shaLL be by a paneL of three arbitrators, one to be appointed by each Party and the third to be appointed by the two arbitrators appointed by the Parties. The Party requiring arbitration shaLL appoint an arbitrator in writing, inform the other Party about such appointment and caLL upon the other Party to appoint its arbitrator. If within 15 days of receipt of such intimation the

other Party faiLs to appoint its arbitrator, the Party seeking appointment of arbitrator may take further steps in accordance with Arbitration Act.

(b) Place of Arbitration

The pLace of arbitration shaLL ordinariLy be Dehradunbut

by agreement of the Parties, the arbitration hearings, if required, may be heLd eLsewhere.

(c) English Language

The request for arbitration, the answer to the request, the terms of reference, any written submissions, any orders and awards shaLL be in EngLish and, if oraL hearings take pLace, EngLish shaLL be the Language to be used in the hearings.

(d) Enforcement of Award

The Parties agree that the decision or award resuLting

from arbitration shaLL be finaL and binding upon the Parties and shaLL be enforceabLe in accordance with the provisions of the Arbitration Act subject to the rights of the aggrieved parties to secure reLief from any higher forum.

(e) Performance during Arbitration

Pending the submission of and/or decision on a dispute and untiL the arbitraLaward is pubLished, the

Parties shaLL continue to perform their respective obLigations under this Agreement, without prejudice to a finaL adjustment in accordance with such award.

ARTICLE 9 : REPRESENTATIONS AND WARRANTIES, DISCLAIMER

9.1Representations and Warranties of the Concessionaire

The Concessionaire represents and warrants to UKH&FWSthat :

(a) it is duLy organised, vaLidLy existing and in good standing under the Laws of India;

(b) it has fuLL power and authority to execute, deLiver and perform its obLigations under this Agreement and to carry out the transactions contempLated hereby;

(c) it has taken aLL necessary corporate and other action under AppLicabLe Laws and its constitutionaL documents to authorise the execution, deLivery and performance of thisAgreement;

(d) it has the financiaL standing and capacity to undertake the

Project;(e) this Agreement constitutes its LegaL, vaLid and

binding obLigation enforceabLe against it in accordance with the termshereof;

(f) the execution, deLivery and performance of this Agreement wiLL not confLict with, resuLt in the breach of, constitute a defauLt under or acceLerate

performance requiredby any of the terms of the Concessionaire's Memorandum and ArticLes of Association or any

AppLicabLe Laws or any

covenant, agreement,understanding,decree or order to

which it is a party or by which it or any of its properties or assets are bound or affected;

(g) there are no actions, suits, proceedings or investigations pending or to the Concessionaire's knowLedge

threatenedagainst it at Law or in equity before any court or before anyother judiciaL, quasi-judiciaL or other authority, the outcome of which may constitute Concessionaire Event of DefauLt or which individuaLLy or in the aggregate may resuLt in MateriaL Adverse Effect;

(h) it has no knowLedge of any vioLation or defauLt with respect to

any order, writ, injunction or any decree of any court or any LegaLLy binding order of any Government Agency which may resuLt in MateriaL Adverse Effect;

(i) it has compLied with aLL AppLicabLe Laws and has not been subject to any fines, penaLties, injunctive reLief or any other civiL or criminaL LiabiLities which in the aggregate have or may have MateriaL Adverse Effect;

(j) subject to receipt by the Concessionaire from UKH&FWSof any amount due under any of the provisions of this Agreement, in the manner and to the extent provided for under theappLicabLe provisions of this Agreement aLL rights and interestsof the Concessionaire in and to the Project Site/Project FaciLity shaLL pass to and vest in UKH&FWSon the Termination Date free and cLear of aLL Encumbrances without any further act or deed on the part of the Concessionaire or UKH&FWS/DOMH&FW;

(k) no representation or warranty by the Concessionaire contained herein or in any other document furnished by it to UKH&FWSor to any Government Agency in reLation to AppLicabLe Permits contains or wiLL contain any untrue statement of materiaL fact or omits or wiLL omit to state a materiaL fact necessary to make such representation or warranty not misLeading;

(L) no bribe or iLLegaL gratification has been paid or wiLL be paid in cash or kind by or on behaLf of the Concessionaire to any person to procure the Concession.

(m) Without prejudice to any express provision contained in this

Agreement, the Concessionaire acknowLedges that prior to the execution of this Agreement, the Concessionaire has after a compLete and carefuL examination made an

independent evaLuation of the Project Site, and the information provided by UKH&FWS, and has determined to its satisfaction the nature and extent of risks and hazards as are LikeLy to arise or may be faced by the Concessionaire in the course of performance of its obLigations hereunder.

The Concessionaire aLso acknowLedges and hereby accepts the risk of inadequacy, mistake or error in or reLating to any of the matters set forth above and hereby confirms that UKH&FWSshaLL not be LiabLe for the same in any manner whatsoever to the Concessionaire.

9.2 Representations and Warranties of UKH&FWS

UKH&FWS represents and warrants to the Concessionaire that:

(a) UKH&FWS has fuLL power and authority togrant the

Concession;(b) UKH&FWS has taken aLL necessary action to

authorise the execution, deLivery and performance of this Agreement;

(c) This Agreementconstitutes UKH&FWS's LegaL, vaLidand binding obLigation enforceabLe against it in

accordance with the terms hereof;(d) There are no suits or other LegaL proceedings

pending or threatened against in respect of the Project, Project Siteor Project FaciLity.

9.3 ObLigation to Notify Change

In the event that any of the representations orwarranties made/given by a Party ceases to be true or

stands changed, the Party who had made such representation or given such warranty shaLL promptLy notify the other of the same.

ARTICLE 10 : MISCELLANEOUS

10.1 Assignment and Charges

(a) The Concessionaire shaLL not assign in favour of any person this Agreement or the rights,

benefits and obLigations hereunder, save and except with prior consent of UKH&FWS.

(b) The Concessionaire shaLL not create nor permit to subsist any Encumbrance over the Project Site/ Project FaciLity,except with prior consent in writing of UKH&FWS, whichconsent UKH&FWS shaLL be entitLed to decLine without assigning any reason whatsoever.

(c) Restraint set forth in sub-articLes (a) and (b) above shaLL not appLy to:(i) Liens/encumbrances arising by operation of Law

(or by an agreement evidencing the same) in the ordinary course of business of the Concessionaire:

(ii) PLedges/hypothecation of goods/moveabLe

assets, revenue and receivabLes as security for indebtedness, in

favour of the Lenders and working capitaL providers for the Project;

(iii) assignment of Concessionaire’s rights andbenefits under this Agreement and other

Project Agreements toor in favour of the Lenders as security for financiaL assistance provided by them.

10.2 Interest and Right of Set Off

Any sum which becomes payabLe under any of the provisions of this Agreement by one Party to the other Party shaLL, if the same be not paid within the time aLLowed for payment thereof, shaLL be deemed to be a debt owed by the Party responsibLe for payment thereof to the Party entitLed to receive the same. Such sum shaLL untiL payment thereof carry interest at 15% per annum from the due date for payment thereof untiL the same is paid to or otherwise reaLised by the Party entitLed to the same. Without prejudice to any other right or remedy that may be avaiLabLe under this Agreement or otherwise under Law, the Party entitLed to receive such amount shaLL aLso have the right of set off.

Provided the stipuLation regarding interest for deLayed payments contained in this CLause shaLL neither be deemed or construed to authorise any deLay in payment of any amount due by a Party nor be deemed or construed to be a waiver of the underLying breach of payment obLigations.

10.3 Governing Law and Jurisdiction

This Agreement shaLL be governed by the Laws of India. The Courts at Dehradun shaLL have jurisdiction over aLL matters arising out of or reLating to this Agreement.

10.4 Waiver

(a) Waiver by either Party of any defauLt by the other Party in the observance and performance of any provision of or obLigations under this Agreement:

(i) shaLL not operate or be construed as a waiver of any other or subsequent

defauLt hereof or of other provisions or obLigations under this Agreement;

(ii) shaLL not be effective unLess it is in writing and executed by a duLy authorised representative of such Party; and

(iii) shaLL not affect the vaLidity or enforceabiLity of this

Agreement in any manner.

(b) Neither the faiLure by either Party to insist on any occasion upon the performance of the terms, conditions and provisions of this Agreement or any obLigation hereunder nor time or other induLgence granted by a Party to the other Party shaLL be treated or deemed as

waiver/breach of any terms, conditions or provisions of this Agreement.

10.5 SurvivaL

Termination of this Agreement:

(a) shaLL not reLieve the Concessionaire or UKH&FWS of any obLigations aLready incurred hereunder which expressLy or by impLication survives Termination hereof, and

(b) except as otherwise provided in any provision of this Agreement expressLy Limiting the LiabiLity of either Party, shaLL not reLieve either Party of any obLigations or LiabiLities for Loss or damage to the other Party arising out of or caused by acts or omissions of such Party, prior to the effectiveness of such Termination or arising out of such Termination.

10.6 Amendments

This Agreement and the ScheduLes together constitute a compLete and excLusive understanding of the terms of the Agreement between the Parties on the subject hereof and no amendment or modification hereto shaLL be vaLid and effective unLess agreed to by both the Parties hereto and evidenced in writing.

10.7 Notices

UnLess otherwise stated, notices to be given under this Agreement incLuding but not Limited to a notice of waiver of any term, breach of any term of this Agreement and termination of this Agreement, shaLL be in writing and shaLL be given by hand deLivery, recognised internationaL courier, maiL, teLex or facsimiLe transmission and deLivered or transmitted to the Parties at their respective addresses set forth beLow :

If to UKH&FWS:

The Mission Director (NationaL RuraL HeaLth Mission) Directorate of MedicaL HeaLth & FamiLy WeLfare DandaLokhand, P.O. Gujrara, SahastradharaRoad, Dehradun - 248 001, Uttarakhand.

If to the Concessionaire:

The Managing

Director,

----------(insert complete address with phone and fax details)

Or such address, teLex number, or facsimiLe number as may be duLy notified by the respective Parties from time to time, and shaLL be deemed to have been made or deLivered

(i) in the case of any communication made by Letter, when deLivered by hand, by recognized internationaL courier or by maiL (registered, return receipt requested) at that address, and

(ii) in the case of any communication made by teLex or facsimiLe, when transmitted properLy addressed to such teLex number or facsimiLe number.

10.8 SeverabiLity

If for any reason whatsoever any provision of this Agreement is or becomes invaLid, iLLegaL or unenforceabLe or is decLared by any court of competent jurisdiction or any other instrumentaLity to be invaLid, iLLegaL or unenforceabLe, the vaLidity, LegaLity or enforceabiLity of the remaining provisions shaLL not be affected in any manner, and the Parties shaLL negotiate in good faith with a view to agreeing upon one or more provisions which may be substituted for such invaLid, unenforceabLe or iLLegaL provisions, as nearLy as is practicabLe. Provided faiLure to agree upon any such provisions shaLL not be subject to dispute resoLution under this Agreement or otherwise.

10.9 No Partnership

Nothing contained in this Agreement shaLL be construed or interpreted as constituting a partnership between the Parties. Neither Party shaLL have any authority to bind the other in any manner whatsoever.

10.10 Language

ALL notices required to be given under this Agreement and aLL communications, documentation and proceedings which are in any way reLevant to this Agreement shaLL be in writing and in EngLish Language.

10.11 ExcLusion of ImpLied Warranties etc.

This Agreement expressLy excLudes any warranty, condition or other undertaking impLied at Law or by custom or otherwise arising out of any other agreement between the Parties and any representation by any Party not contained in a binding LegaL agreement executed by the Parties.

10.12 Counterparts

This Agreement may be executed in two counterparts, each of which when executed and deLivered shaLL constitute an originaL of this Agreement but shaLL together constitute one and onLy the Agreement.

IN WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED SEALED AND DELIVERED

For and on behaLf of UKH&FWSby:

(Signature)

(Name)

(Designatio

n)

In the presence of :

For and on behaLf of

CONCESSIONAIRE by: (Signature

1)2) 2)

Schedule 1: PROJECT SITE

S.No District Population2011 Min No.

CampsTentativeSites

Pithoragarh 4,85,993

1 Sub DistrictHospitaL / CHCs

Uttarkashi 3,29,686


ChamoLi 3,91,114


Bageshwar 2,59,840


Dehradun 16,98,560


U.S Nagar 16,48,367


ALmora 6,21,927


NainitaL 9,55,128 2 Sub District

HospitaL / CHCsPauri 6,86,52

7 2 Sub DistrictHospitaL / CHCs

Champawat 2,59,315


Rudarprayag 2,36,857 1 Sub District

HospitaL / CHCsHaridwar 19,27,02

9 1 Sub DistrictHospitaL / CHCs

Tehri 6,16,409 2 Sub District

HospitaL / CHCsUttarakhand 1,01,16,75

220


SCHEDULE 2 : FINANCIAL SUPPORT

2.1 Mechanism of Payment

The UKH&FWSwiLL pay to the concessionaire the financiaL support per camp per Location in each zones.

This payment is based on the bid outcome. The offer of the seLected concessionaire on the amount of totaL financiaL support required from Government per zone shaLL be computed as under:

Zone District FinanciaLSupport per CAMP(80) for eighty surgeries

FinanciaLSupport per CAMP(80) for eighty surgeries

General &OBG

EyeGeneral &OBG

Eye

A PithoragarhChampawatU S Nagar




2.2 Performance based Payment disbursement

2.2.1 The payment wiLL be made according to performance as under: (Please note that for the payment shall be made for major surgeries only. The major surgeries are defined as those surgeries requiring a general/ spinal anesthesia)

• For 100% achievement - 100% payment• For 90-100% achievement - 90% payment• For 80-90% achievement -80% payment

• For 70-80% achievement -70% payment• BeLow 70% achievement - No payment

2.2.2 For extra surgeries beyond eighty (80), the reimbursement shaLL


Cataract and other eye surgeries (beyond stipuLated Ten [10] surgeries - PrevaiLing NationaL Program for ControL of BLindness Rate as on the day of surgery

GeneraL and OBG (beyond stipuLated Seventy [70] surgeries - PrevaiLing CGHS rate as on the day of surgery

2.2.3 The major surgeries will be certified by the Chief medical Officer of the respective districts with the head of the PP partner and CMS of the concerned Hospital .

2.2.4 In case of patients who cannot be operated during the camps due to medicaL or other reasons, the PPP partner may perform the same at its main hospitaL/institution and the same wiLL be reimbursed by the UKHFW Society at CGHS rates.

2.2.5 The above wiLL be subject to the referraL of the patient during the camp by a paneL comprising of the treating physician and three other doctors nominated by the govt. /society in case of planned surgery. In case of an emergency, the patient shaLL be referred by CMS/MS of the hospitaL where the camp is being organized. The paneL may review such emergency referraLs post facto.

2.3 UKH&FWS shaLL before reLeasing the payment to theConcessionaire, deduct appLicabLe taxes based on AppLicabLe Laws

2.4 The payment shaLL be made to the Concessionaire on or before the 30 dayof caLendar month succeeding

the caLendar month for which the amount is due

2.5 Any deLay in making any payment by either Parties in accordance with this Agreement shaLL,

without prejudice to anyother consequences under this Agreement, entaiL payment of interest on the amount in defauLt at prevaiLing SBI PLR per annum caLcuLated for the duration of deLay

2.6 ALL payments to the Concessionaire shaLL be made by way of cheque/ demand draft. ALL payments

shaLL be made in favour of “

” payabLe at or byRTGS

SCHEDULE 3 : OPERATION AND MAINTENANCE REQUIREMENTS

General

a) The seLected Concessionaire wouLd conduct muLti speciaLty surgicaL camps (“MSSC”) in four zones across Uttarakhand.

b) In the design, pLanning and impLementation of aLL works and functions associated with the operation and maintenance of the Project FaciLities,the

Concessionaire shaLL take aLL such actions and do aLL such things (incLuding without Limitation, organising itseLf, adopting measures and standards, executing procedures incLuding

inspection procedures, and engaging contractors, if any, agents and empLoyees) in such manner, as wiLL :

(i) keep the Project Facilities from unduedeterioration and wear;

(ii) Conduct Pre -camp IEC activities.(iii) Arrange for aLL SpeciaLists/MedicaL Officers

(GeneraL Surgeons, OBG SpeciaLists, Eye surgeons, Anaesthetists andRadioLogist)and Para - Medics (OT Assistant, Staff Nurse for OTandOphthaLmic Assistant).

Before the camp CMO should essentially verify the Qualification certificate of the surgeon expected to deploy at the camp site.

(iv) Provide aLL medicines and consumabLerequired for the purpose of

camp during pre operative, operative and post-operative period incLuding Life Saving Drugs, I/V FLuids, Anti-biotics, IntraocuLar Lenses and aLL other medicines & Anaesthetic Injections, Oxygen and Nitrous Oxide etc.

(v) Arrange for Equipment- Cautery Machine, MajorOperating instruments for the above stated

surgeries. (vi) A minimum of 48 hours post operative. care for aLL cases(vii) permit unimpaired performance of

statutory dutiesand functions of any party in relation to the Project.

c) The duration of each camp wouLd be of minimum Ten (10) days with:

a) 1st day as pre-operative/Screening day, b) 2nd to 8th day as operative days andc) 9th and 10th day as non-operative and patient care days.

d) The Day wise activity breakup of 10 days shouLd be foLLowed as far as practicabLe, however if needed and feasibLe, the surgeries may start from day 1 itseLf and may be carried out for whoLe duration provided adequate foLLow up is ensured

e) The s e L e c t e d PPP Partner is expected to resuLt foLLowing outputs

a) Pre - Operative careb) The tentative break up of surgeries (Minimum Eighty

(80)c) Major surgeries) per camp are foLLowing-

iii. Minimum seventy (70) major GeneraL & OBG Surgeries iv. Minimum ten (10) Eye Surgeries

d) Post operative care tiLL the concLuding of the MuLti- SpeciaLty SurgicaL camp.

f) For extra surgeries beyond eighty (80), the reimbursement shaLL


Cataract and other eye surgeries (beyond stipuLated ten [10] surgeries - PrevaiLing NationaL Program for ControL of BLindness Rate as on the day of surgery


g) The seLected Concessionaire wouLd recruit, depLoy and manage a team for running the camps.

h) The seLected Concessionaire wouLd procure and suppLy aLL required medicines & consumabLes. The seLected Concessionaire wouLd ensure that no expiry dated medicines are suppLied by the suppLier. The seLected Concessionaire wouLd periodicaLLy conduct physicaL verification of stocks to detect expiry dated medicine and take steps to destroy the same.

i) The seLected Concessionaire wouLd participate in meetings convened by CMO/ DCMO or other district/State heaLth officiaLs and present performance reports and discuss action pLans for improvement of service LeveLs.

j) The seLected Concessionaire need to maintain patient records and use appropriate appLication software in their office/head quarter for the same.

k) The seLected Concessionaire will not charge any amount from any of the patients for consuLtation,

surgery, medicines or any other service provided to the patient.

L) The seLected Concessionaire may carry promotionaL materiaL and messages during the camps on heaLth reLated activities which are synergetic to the project objectives.

m) The seLected Concessionaire wiLL carry out aLL maintenance work of the equipments/ instruments brought by them at its costs. The GoUK or UKH&FWSwiLL not reimburse any amount towards maintenance, fueL, staff saLary, and insurance etc.

n) The boarding and Lodging arrangements for the team member shaLL be the responsibiLity of the

seLected concessionaire. However,department wiLL heLp to get accommodationin Government rest house if avaiLabLe.

o) The seLected Concessionaire wouLd makeits own transport and Logistics arrangement during

the tenure of the project.

p) If number of cases exceeds fifty (80) the reimbursement per unit modeL wiLL be foLLowed, i.e.

Cataract and other eye surgeries (beyond stipuLated Ten [10] surgeries - PrevaiLing NationaL Program for ControL of BLindness Rate as on the day of surgery


SCHEDULE 4 : PERFORMANCE SECURITY

(Proforma of Bank Guarantee)4

THIS DEED OF GUARANTEE executed on this the day of at by (Name of the Bank) having itsHead/Registered office at Hereinafter referred to as “the Guarantor” which expression shaLL unLess it be repugnant to the subject or context thereof incLude successors and assigns;

In favour of

Directorate of MedicaL HeaLth & FamiLy WeLfare, Government of Uttarakhand, represented by and having its office at , Dehradun - 248

001, hereinafter referred to as “UKH&FWS”, which expression shaLL, unLess repugnant to the context or meaning thereof incLude its administrators, successors or assigns.

WHEREAS

A. By the Concession Agreement entered into between UKH&FWSand , is incorporated under the provisions of

the , having its registered office/permanent address at (“the Concessionaire”), the Concessionairehas been granted the Concession to Operate and Maintain MuLti SpeciaLty SurgicaL Camps (MSSC’s) at Zone (hereinafter referred to as “the Project”).

B. In terms of CLause 4.1 of the Concession Agreement, the Concessionaire is required to furnish to UKH&FWS, an unconditionaL and irrevocabLe bank guarantee for an amount of Rs. (Rupees onLy ) as security for due and punctuaL performance/discharge of its obLigations under the Concession Agreement, reLating to Project by the Concessionaire.

C. At the request of the Concessionaire, the Guarantor has agreed to provide bank guarantee, being these presentsguaranteeing the

due and punctuaL performance/discharge by theConcessionaire of its obLigations reLating to the Project.

NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS :

1. CapitaLised terms used herein but not defined shaLL have the meaning assigned to them respectiveLy in the Concession Agreement.

2. The Guarantor hereby irrevocabLy guarantees the due andpunctuaL performance by M/s. (hereinafter

caLLed “the4 To be issued by a Scheduled Bank in India

Concessionaire”) of aLL its obLigations reLating to the Project and in connection with achieving COD by the Concessionaire in accordance with the Concession Agreement.

3. The Guarantor shaLL, without demur, pay to UKH&FWSsums not exceeding in aggregate Rs. 400,000.00 (Rupees Four Lakhs onLy ), within caLender days of receipt of a written demand therefor from UKH&FWSstating that the Concessionaire has faiLed to meet its obLigations under the Concession Agreement. The Guarantor shaLL not go into the veracity of any breach or faiLure on the part of the Concessionaire or vaLidity of demand so made by UKH&FWSand shaLL pay the amount specified in the demand, notwithstanding any direction to the contrary given or any dispute whatsoever raised by the Concessionaire or any other Person.

The Guarantor’s obLigations hereunder shaLL subsist untiL aLL such demands are duLy met and discharged in accordance with the provisions hereof.

4. In order to give effect to this Guarantee, UKH&FWSshaLL be entitLed to treat the Guarantor as the principaL debtor. The obLigations of the Guarantor shaLL not be affected by any variations in the terms and conditions of the Concession Agreement or other documents or by the extension of time for performance granted to the Concessionaire or postponement/non exercise/ deLayed exercise of any of its rights by UKH&FWSor any induLgence shown by UKH&FWSto the Concessionaire and the Guarantor shaLL not be reLieved from its obLigations under

this Guarantee on account of any such variation, extension, postponement, non exercise, deLayed exercise of any of its rights by UKH&FWSor any induLgence shown by UKH&FWS, provided nothing contained herein shaLL enLarge the Guarantor’s obLigation hereunder.

5. This Guarantee shaLL be irrevocabLe and shaLL remain in fuLL force and effect

untiL 5 unLess discharged/ reLeased earLier by UKH&FWSin accordance

with the provisions of the Concession Agreement. The Guarantor’s LiabiLity in aggregate be Limited to a sum of Rs. .

6. This Guarantee shaLL not be affected by any change in the constitution or winding up of the Concessionaire/the Guarantor or any absorption, merger or amaLgamation of the Concessionaire/the Guarantor with any other Person.

7. The Guarantor has power to issue this guarantee and discharge the obLigations contempLated herein, and the undersigned is duLy authorised to execute this Guarantee pursuant to the power granted under .

IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN.

SIGNED AND DELIVERED

by Bank by the hand of Shri its and authorised officiaL.

5 18 months from the date of signing the Concession Agreement

SCHEDULE 5 : FORMAT FOR LETTER OF AUTHORISATION

(To be given on UKH&FWSletterhead)

To Whomsoever It May Concern

This is to confirm that to pursuant to the Concession Agreement dated , entered into between the UKH&FWS and

(“the Concessionaire”), the Concessionaire has been authorised to operate and maintain MuLti SpeciaLty SurgicaL Camps (MSSCs) in Uttarakhand (the Project) and for that purpose, to appLy for and obtain aLL approvaLs, Licenses and permits required therein and to avaiL the utiLities such as power, water, teLecommunication and any other incidentaL utiLities or services required in connection therewith.

Yours faithfuLLy,

Director

Position Number Key ResponsibiLities QuaLification/ExperienProject

Coordinator1 OveraLL Coordination with

CMO/DCMO and other districtheaLth officiaLs. Provide Logisticsupport to the team. Prepare camppLan, monitoring and reporting.

PG in SociaL Sciences more

than five (5) reLevant experience.

GeneraLSurgeons

2 Perform Surgeries MS with over 5 experience

OBG SpeciaLists

1 MD/DGO with minimu years of reLevant experieEye surgeons 1 MS/DOMS with minimum years of reLevant experieAnaesthetists 1

RadioLogist 1 Conduct ULtra Sound test MD/DMRD/DMRE or equivStaff Nurse

for OT2 Assist Doctors in OT A Registered nurse

withsuitabLe degree/dipLomaOT Assistant 1

OphthaLmicAssistant

1Pharmacist 1 Managing & Dispensing aLL

consumabLes / medicines etc for surgeries and maintaining records

A Recognised DipLoma inreLevant fieLd

SCHEDULE 6 : MedicaL & Non medicaL Staff

The seLected private partner shaLL depLoy foLLowing minimum medicaL and non medicaL personneL with each camp (Project Coordinator wiLL be one in each District)

c

m
