DRAFT CONCESSION AGREEMENT

(To be made on Rs. 100/- Non Judicial Stamp Paper)

Selection of implementing agency for 100 bedded civil hospitals at ……………District………

The agreement is made on this day …………month…………….2018, at

……………………District....................................

BETWEEN
Director, Health Services, Chhattisgarh (Contracting Authority)

AND

……………………. Service Provider (Implementing Agency)

Each of the parties mentioned above are collectively referred to as the ‘Parties’ and individually
as a ‘Party’.
The Contracting Authority has accepted the bid by the Service Provider for selection of
implementing agency for 100 bedded hospital/s at …………………….. in District ………….as
per the tender reference no………………….. Dated ……………and agrees to provide VGF for
the services, the sum of Rs……………../-(Rupees………………………………………………
only) for contract tenure.
WHEREAS:
1) In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to, and they shall be deemed to form
and be read and construed as part of this agreement.

2) The following documents which are, part of RFP shall be deemed to form and be read and
construed as part of this Agreement, viz.:

2.1 The General Terms & Conditions of the Contract as per clause 9 of the RFP
(Annexure 1)
2.2 The Scope of Work as per clause 7 of the RFP (Annexure 2)
2.3 Roles & responsibilities as per clause 8 of the RFP (Annexure 3)
2.4 Adherence to various timelines as per Annexure 13 of the RFP (Annexure 4)
2.5 Monitoring mechanism as per clause 15 of the RFP (Annexure 5-A, 5-B& 5-C)
2.6 Penalty Clause as per clause 17 and Annexure 15 of the RFP (Annexure 6)
2.7 Site of Project (Annexure 7)

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3) Duties and obligations

3.1 Contracting Authority:

3.1.1 The Contracting Authority will ensure allotment of land on lease for project, for a
period of 30 years @ Re.1/-. The Authority has identified land at ………………(
Project site) and total area of………………………hectare,
…………………….(details of land including khasra no etc)

3.1.2 License, Access and Right of Way

3.1.2.1 The Authority hereby grants to the Concessionaire access to the Site for
carrying out any site inspections, surveys and investigations that the
Concessionaire may deem necessary during the Development Period, it
being expressly agreed and understood that the Authority shall have no
liability whatsoever in respect of site inspections, survey and investigations
carried out or work undertaken by the Concessionaire on or about the Site
pursuant hereto in the event of Termination or otherwise.

3.1.2.2 This Agreement and the covenants and warranties on the part of the
Concessionaire herein contained, the Authority, in accordance with the terms
and conditions set forth herein, hereby grants to the Concessionaire,
commencing from the Appointed Date, leave and license rights in respect of
all the land (along with any buildings, constructions or immovable assets, if
any, thereon) comprising the Site which is described, delineated and shown
in Schedule-A hereto (the “Licensed Premises”), on an “as is where is”
basis, free of any Encumbrances, to operate and maintain the said Licensed
Premises, together with all and singular rights, liberties, privileges,
easements and appurtenances whatsoever to the said Licensed Premises,
hereditaments or premises or any part thereof belonging to or in any way
appurtenant thereto or enjoyed therewith, for the duration of the Concession
Period and, for the purposes permitted under this Agreement, and for no
other purpose whatsoever.
3.1.2.3 The license, access and right of way granted by this Agreement to the
Concessionaire shall always be subject to existing rights of way.
3.1.2.4 It is expressly agreed that the license granted hereunder shall terminate

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 automatically and forthwith, without the need for any action to be taken by
the Authority to terminate the license, upon the Termination of this
Agreement for any reason whatsoever.
3.1.2.5 The Concessionaire hereby irrevocably appoints the Authority (or its
nominee) to be its true and lawful attorney, to execute and sign in the name
of the Concessionaire a transfer or surrender of the license granted hereunder
at any time after the Concession Period has expired or has been terminated
earlier in terms hereof, a sufficient proof of which will be the declaration of
any duly authorized officer of the Authority, and the Concessionaire consents
to it being registered for this purpose.
3.1.2.6 It is expressly agreed that:
3.1.2.6.1 Trees on the Site are property of the Authority except that the
Concessionaire shall be entitled to exercise usefructory rights thereon
during the Concession Period;
3.1.2.6.2 Any archaeological discoveries shall belong to and vest in the
Government and the Concessionaire shall promptly report the discovery
thereof to the Authority and follow its instructions for safe removal
thereof; and
3.1.2.6.3 Mining rights do not form part of the license granted to the
Concessionaire under this Agreement and the Concessionaire hereby
acknowledges that it shall not have any mining rights or any interest in
the underlying minerals or fossils on or under the Licensed Premises.
For the avoidance of doubt, mining rights mean the right to mine any
and all minerals or interest therein.
3.1.3 The Authority may provide support in the form of Viability Gap Funding (VGF) to
the Successful Bidder/ Service Provider. This VGF, if any, would be in the form of
equity support in the form of Compulsorily Convertible Preference Shares.

3.1.4 Contracting Authority may deduct the amount as penalty, as per clause 17 of RFP.

3.1.5 Department of Health & Family Welfare Government of CG, will constitute a
steering committee which will supervise the project progress as per clause 15,
Monitoring Mechanism.

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3.2 Service Provider:
Utmost responsibilities of Service provider are to perform all the activities as per scope of
work mentioned in clause 7 of RFP document. Service Provider shall-
3.2.1 BUILD, OWN, OPERATE AND TRANSFER” (BOOT) 100 BED HOSPITAL at
……………. District……………….. The Hospital must conform to all the
applicable laws enforced presently and any other modified or enforced, from time
to time.
3.2.2 The scope of work shall include, but not limited to, maintenance and management
of the Hospital and each part thereof and perform other function and duties, as per
the norms prescribed in the Indian Public Health Standards (IPHS) for a 100
bedded sub-district hospital.
3.2.3 The Service Provider shall use the land and thereafter, the constructed hospital
building & premises solely for the purpose of providing treatment and healthcare
activities as per the clause 7.
3.2.4 The service provider shall comply all of the obligation and conditions under the
roles and responsibilities as per clause 8 and adhere to time lines as specified in
Annexure 13 of RFP document.
3.2.5 The service provider must be empanelled with State Government Health Schemes,
Janani Suraksha Yojana, RSBY, MSBY, Sanjeevani Sahayata kosh, and for
treatment of State Govt. employees, and other health programs of the government.
3.2.6 This hospital shall have to provide 20% free OPD services to the patients coming
to the hospital with BPL card / RSBY card (the RSBY card here, shall be used as
identification for BPL patients). The data of such record shall have to be furnished
by the private partner at the end of month, failing which the penalty will be
imposed as given in the penalty clause.
3.2.7 This Service provider shall have to make, 40% beds out of 100, at all times,
available beds for selected categories of SECC (Socio Economic Caste Census),
and beneficiaries of other government schemes like RSBY / MSBY/ successor
schemes, etc at predefined Rates of these schemes.
3.2.8 Fee shall not be charged to any of the patients mentioned in above clauses 8.2.1 &
8.2.2 of the RFP.
3.2.9 Remaining 60% beds can be utilized by the private partner to provide healthcare at
existing Market rate.

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 3.2.10 The Service provider shall develop mobile / web-based application for patient
feedback mechanism or link with existing feedback mechanism prevailing in the
Government hospitals.
3.2.11 Upon the completion and expiry of the Agreement period, the concessionaire shall
transfer the Project Sites (including the Hospital Building, project assets and
project facilities) to the Contracting Authority, in good operable condition without
any fail. All related Infrastructure (Structured, Semi-structured, temporary),
Building, equipments (Built-in, depreciable and non depreciable), vehicles,
movable and immovable property, data, information etc. shall be handed over in
good & working condition.
3.3 Indemnity
3.3.1 Service Provider shall indemnify and hold the Contracting Authority, harmless
from any direct or indirect loss or damage and or claims for personal injury or
property damage caused by its activities under this Agreement or by negligent or
fraudulent act, omission or willful misconduct or breach of any term of this
Agreement. However any damage done knowingly or unknowingly to Contracting
Authority or property by Service Provider or its subsidiaries and their successors
and assigns, officers, employees and agents may be assessed by Contracting
Authority or its representative and may be recovered from the Service Provider.
3.3.2 Each party shall indemnify the other party from any dispute or claim arising out of
use of any third party material for infringement of any intellectual property rights,
copyright law, or any other applicable legal framework for infringement of third
party rights.
4) Governing Law and Jurisdiction :
The parties hereby agree that this Agreement and all questions arising with it are
governed by and will be construed according to the laws, from time to time in force, in India
and the State of Chhattisgarh and the parties irrevocably submit to Court situated in Raipur
with competent jurisdiction in Chhattisgarh.
5) Severability:
In the event of any of terms, conditions or provisions of this Agreement as per RFP
documents and annexure shall be held to be invalid, unlawful or unenforceable to any extent,
such term, condition, provision shall to that extent be severed from the remaining terms,
conditions and provisions, which shall continue to be valid to the fullest extent permitted by

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 law and both parties agree to replace any invalid provision with a valid provision, which
most closely approximates the intent and economic effect of the invalid provision.
6) Confidentiality:
As used herein, the term “Confidential Information” means any information, including
information created by or for the other party, whether written or oral, which relates to
internal controls, computer or data processing programs, algorithms, electronic data
processing applications, routines, subroutines, techniques or systems, or information
concerning the business or financial affairs and methods of operation or proposed methods
of operation, accounts, transactions, proposed transactions or security procedures of either
party or any of its affiliates, or any client of either party, except such information which is in
the public domain at the time of its disclosure or thereafter enters the public domain other
than as a result of a breach of duty on the part of the party receiving such information. It is
the express intent of the parties that all the business process and methods used by the Service
Provider in rendering the services hereunder are the Confidential Information of the Service
Provider.
6.1 The Service Provider shall keep confidential, any information related to this tender,
with the same degree of care as it would treat its own confidential information. The
Service Provider shall ensure that the confidential information will be used only for
the purposes of this agreement and shall not be disclosed to any third party for any
reason what-so-ever.
6.2 At all-time of the performance of the services, the Service Provider shall abide by all
applicable security rules, policies, standards, guidelines and procedures. The Service
Provider shall ensure that before any of its employees or assignees is given access to
the Confidential Information, each such employee and assignees shall agree to be
bound by the term of this agreement and such rules, policies, standards, guidelines
and procedures by its employees or agents.
6.3 The Service Provider should not disclose to any other party and keep confidential the
terms and conditions of this Contract agreement, any amendment hereof, and any
Attachment or Annexure hereof.
6.4 The obligations of confidentiality under this section shall survive rejection of the
contract.
6.5 Any publicity by the Service Provider containing the name of Contracting Authority
should be done only with the explicit written permission from Contracting Authority.

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 6.6 Data Rights-Data collected from Health facility will be the sole property of the
Contracting Authority only.
7) Representations & Warranties on Agreement:
In order to induce the Contracting Authority, to enter into this Contract, the Service
Provider hereby represents and warrants as of the date hereof, which representations and
warranties shall survive the term and termination hereof, the following:
7.1 That the Service Provider is not involved in any major litigation or legal proceedings,
pending, existing, and potential or threatened, that may have an impact of affecting or
compromising the performance or delivery of Services under this Contract.
7.2 That the representations and warranties made by the Service Provider in the proposal
or will be made in this contract are and shall continue to remain true and fulfill all the
requirements as are necessary for executing the obligations and responsibilities as laid
down in the Contract and the Tender and unless the Government of Chhattisgarh
specifies to the contrary, the Service Provider shall be bound by all the terms of the
Proposal and the contract through the terms of the contract.
7.3 That the Service Provider has the professional skills, personnel and resources /
authorizations that are necessary for providing all such services as are necessary to
fulfill the Scope of Work stipulated in the RFP and this Agreement.
7.4 That there shall not be any privilege, claim or assertion made by a third party with
respect to right or interest in, ownership, mortgage or disposal of any asset, property,
movable or immovable as mentioned in any Intellectual Property Rights, licenses
and permits.
7.5 That the Service Provider shall use such assets of Contracting Authority may permit
for the sole purpose of execution of its obligations under the terms of the Proposal,
Tender or this Contract.
7.6 That the Service Provider shall get all the necessary permissions and adequate
approvals and licenses for operation of hospital and use of various software and any
copyrighted process/product free from all claims, titles, interests and liens thereon
and shall keep the Contracting Authority indemnified in relation thereto.
7.7 That the execution of the Services and the Scope of work herein are and shall be in
accordance and in compliance with all applicable laws.
7.8 That all conditions precedent under the Agreement has been satisfied.
Subject to the express terms to the contrary, limited aspects of the Construction
Period (when commenced) and any legitimate rights arising in law, the rights and
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 obligations under this Concession Agreement shall take effect only upon fulfillment
of all the Conditions Precedent set out in 7.8.1 and 7.8.2. However, the Authority may
at anytime at its sole discretion and in writing, waive fully or partially any of the
Conditions Precedent of the Concessionaire.
7.8.1 Conditions Precedent for Concessioning Authority/Authority
The Authority shall have handed over to the Concessionaire the land
(Project Site) along with usefructory right, free from Encumbrances. It is
however clarified that this Condition Precedent on the part of the Authority
shall be fulfilled in the end, when all other Conditions Precedent of the
concessionaire has been met/fulfilled.
7.8.2 Conditions Precedent for Concessionaire
The Concessionaire shall have
7.8.2.1 Submitted a preliminary cost estimate of the Project to the
Authority for its perusal. The contracting Authority shall give an
estimated cost. The bidders shall have to provide their estimated
cost in the bid itself
7.8.2.2 Provided an undertaking that all of the Representations and
Warranties of the Concessionaire set forth are true and correct as
on date of this Agreement and as on the Compliance Date and
thereafter.
7.8.2.3 Project Plan/Drawings (of buildings etc) should be prepared by the
Concessionaire and duly approved by the Authority as well as. The
drawing should be made as per IPHS standards for 100 bedded
hospitals.
7.8.3 Non-fulfillment of Conditions Precedent
In the event that any of the Conditions Precedents relating to the
Concessionaire have not been fulfilled, viz. If the Private Partner fails to
initiate the project, as per the timelines prescribed or, fails to initiate the
assignment, even after extension, if any, allowed by the Authority this
Agreement shall cease to have any effect as on that date and shall be deemed to
have been terminated and the private partner shall be blacklisted.
7.9 That neither the execution and delivery by the Service Provider of the Contract nor
the Service Provider’s compliance with or performance of the terms and provisions of
the Contract (i) will contravene any provision of any Applicable Law or any order,
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 writ, injunction or decree of any court or Governmental Authority binding on the
Service Provider, (ii) will conflict or be inconsistent with or result in any breach of
any or the terms, covenants, conditions or provisions of, or constitute a default
under any Contract, Contract or instrument to which the Service Provider is a party or
by which it or any of its property or assets is bound or to which it may be subject or
(iii) will violate any provision of the Memorandum and Articles of Association of the
Service Provider.
7.10 That the Service Provider certifies that all registrations, recordings, filings and
notarizations of the Contract and all payments of any tax or duty, including, without
limitation stamp duty, registration charges or similar amounts which are required to
be effected or made by the Service Provider which is necessary to ensure the legality,
validity, enforceability or admissibility in evidence of the Contract have been made.
That the Service Provider owns, has license to use or otherwise has the right to use,
free of any pending or threatened liens or other security or other interests all its
intellectual Property Rights, which are required or desirable for the performance of its
services under this contract and regarding the same the Service Provider does not, so
far as the Service Provider is aware, in carrying on its business and operations,
infringe any Intellectual Property Rights of any person. So far as the Service
Provider is aware, none of the Intellectual Property Rights, owned or enjoyed by
the Service Provider or which the Service Provider is licensed to use, which are
material in the context of Service Provider’s business and operations for the
performance of this contract are being infringed nor, so far as the Service Provider is
aware, is there any infringement or threatened infringement of those Intellectual
Property Rights licensed or provided to the Service Provider by any person. All
Intellectual Property Rights (owned by the Service Provider or which the Service
Provider is licensed to use) required by the Service Provider for the performance of
the contract are valid and subsisting. All actions (including registration, payment of
all registration and renewal fees) required to maintain the same in full force and effect
have been taken thereon and shall keep the Government of Chhattisgarh indemnified
in relation thereto.
7.11 That its security measures, policies and procedures are adequate to protect and
maintain the confidentiality of the Confidential Information.

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 7.12 That in providing the Services, or deliverables or materials, neither Service Provider
nor its agent, nor any of its employees, shall utilize information which may be
considered confidential information of, or proprietary to, any prior employer or
any other person or entity.
7.13 The Service Provider shall abide by all the rules, Acts, regulations, laws, of Govt. of
India as well as Govt. of Chhattisgarh, applicable from time to time.
8) Period of Agreement& Transfer of Site
8.1 The date on which, this agreement is signed by both the parties, shall be considered as
the date of Agreement. The agreement shall be valid for a period of 30 years from the
date of signing of contract.
8.2 Upon the completion and expiry of the Agreement period, the concessionaire shall
transfer the Project Sites (including project assets and project facilities) to the
Contracting Authority, in good operable condition without any fail. All related
Infrastructure (Structured, Semi-structured, temporary), Building, equipments (Built-
in, depreciable and non depreciable), vehicles, movable and immovable property,
data, information etc. shall be handed over in Good & working condition.
8.3 In case of Foreclosure, Exit or Termination of contract other than the time period
specified in the Agreement, transfer of the project site (including project assets and
project facilities) shall be done as per Clauses of RFP document by assessing the
value of the project at a given point of time.
8.4 For assessment of value of the project a committee, shall be formed by the Director,
Health Services. This committee will comprise of superintendent Engineer, CGMSC
or Engineer of Superintended rank either in State govt. Department or its Agency.,
Additional Director Finance, Directorate Health Services or his representative and a
Chartered Accountant hired for this purpose
8.5 The Site
The site of the Project shall comprise of the real estate described in Annexure 7
granted by the Authority to the Concessionaire as a licensee under and in accordance
with this Agreement (the “Site”). For the avoidance of doubt, it is hereby
acknowledged and agreed that references to the Site shall be construed as references
to the real estate required for the Project as set forth in Annexure 7.
8.5.1 License, Access and Right of Way
The Authority hereby grants to the Concessionaire access to the Site for
carrying out any site inspections, surveys and investigations that the
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 Concessionaire may deem necessary during the Development Period, it being
expressly agreed and understood that the Authority shall have no liability
whatsoever in respect of site inspections, survey and investigations carried out
or work undertaken by the Concessionaire on or about the Site pursuant hereto
in the event of Termination or otherwise.
8.5.2 This Agreement and the covenants and warranties on the part of the
Concessionaire herein contained, the Authority, in accordance with the terms
and conditions set forth herein, hereby grants to the Concessionaire,
commencing from the Appointed Date, leave and license rights in respect of all
the land (along with any buildings, constructions or immovable assets, if any,
thereon) comprising the Site which is described, delineated and shown in
Annexure 7 hereto (the “Licensed Premises”), on an “as is where is” basis,
free of any Encumbrances, to operate and maintain the said Licensed Premises,
together with all and singular rights, liberties, privileges, easements and
appurtenances whatsoever to the said Licensed Premises, hereditaments or
premises or any part thereof belonging to or in any way appurtenant thereto or
enjoyed therewith, for the duration of the Concession Period and, for the
purposes permitted under this Agreement, and for no other purpose whatsoever.
8.5.3 The license, access and right of way granted by this Agreement to the
Concessionaire shall always be subject to existing rights of way.
8.5.4 It is expressly agreed that the license granted hereunder shall terminate
automatically and forthwith, without the need for any action to be taken by the
Authority to terminate the license, upon the Termination of this Agreement for
any reason whatsoever.
8.5.5 The Concessionaire hereby irrevocably appoints the Authority (or its nominee)
to be its true and lawful attorney, to execute and sign in the name of the
Concessionaire a transfer or surrender of the license granted hereunder at any
time after the Concession Period has expired or has been terminated earlier in
terms hereof, a sufficient proof of which will be the declaration of any duly
authorised officer of the Authority, and the Concessionaire consents to it being
registered for this purpose.

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8.5.6 It is expressly agreed that:
(a) trees on the Site are property of the Authority except that the Concessionaire
shall be entitled to exercise usufructory rights thereon during the Concession
Period;
(b) any archaeological discoveries shall belong to and vest in the Government and
the Concessionaire shall promptly report the discovery thereof to the Authority
and follow its instructions for safe removal thereof; and
(c) mining rights do not form part of the license granted to the Concessionaire
under this Agreement and the Concessionaire hereby acknowledges that it shall
not have any mining rights or any interest in the underlying minerals or fossils on
or under the Licensed Premises. For the avoidance of doubt, mining rights mean
the right to mine any and all minerals or interest therein.
8.5.7 Procurement of the Site
The Authority and the Concessionaire shall, on a mutually agreed date and time,
inspect the Site and prepare a memorandum containing an inventory of the Site
including the vacant and unencumbered land, buildings, structures, road works,
trees and any other immovable property on or attached to the Site.
8.5.8 Such memorandum shall have appended thereto an appendix (the “Appendix”)
specifying in reasonable detail those parts of the Site to which vacant access and
Right of Way has not been granted to the Concessionaire. Signing of the
memorandum, in two counterparts (each of which shall constitute an original),
by the authorized representatives of the Parties shall be deemed to constitute a
valid license and Right of Way to the Concessionaire for free and unrestricted
use and development of the vacant and unencumbered Site during the
Concession Period under and in accordance with the provisions of this
Agreement and for no other purpose whatsoever. For the avoidance of doubt, it
is agreed that valid license and Right of Way with respect to the parts of the Site
as set forth in the Appendix shall be deemed to have been granted to the
Concessionaire upon vacant access thereto being provided by the Authority to
the Concessionaire.
8.5.9 On and after signing the memorandum and until the Transfer Date, the
Concessionaire shall maintain a round-the-clock vigil over the Site and shall
ensure and procure that no encroachment thereon takes place, and in the event

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 of any encroachment or occupation on any part thereof, the Concessionaire shall
report such encroachment or occupation forthwith to the Authority
8.5.10 The Authority shall make best efforts to provide and grant the Right of Way to
the Concessionaire in respect of all land included in the Appendix, and in the
event of delay for any reason other than Force Majeure or breach of this
Agreement by the Concessionaire, it shall pay to the Concessionaire Damages
in a sum calculated at the rate of Rs. 100 per day for every 1000 square feet or
part thereof, commencing from the [●] day of the Appointed Date.
8.5.11 The Concessionaire may procure at its cost and expense and on its own the land
that may be required by it for Additional Facilities and the Authority shall have
no obligation or liability in respect thereof.
8.5.12 No Sub-Leases/license or Mortgages
The Concessionaire shall not sub-lease/license or mortgage as surety the whole
or any part of the land comprising the Site, licensed to it by the Authority, to
any person, institution or financial institution in any form or under any
arrangement, device or method.
8.5.13 Site to be free from Encumbrances
The Site shall be made available by the Authority to the Concessionaire
pursuant hereto free from all Encumbrances and occupations and without the
Concessionaire being required to make any payment to the Authority on account
of any costs, compensation, expenses and charges for the acquisition and use of
such Site for the duration of the Concession Period, except insofar as otherwise
expressly provided in this Agreement. For the avoidance of doubt, it is agreed
that existing rights of way, easements, privileges, liberties and appurtenances to
the Licensed Premises shall not be deemed to be Encumbrances.
8.5.14 Protection of Site from encroachments
During the Concession Period, the Concessionaire shall protect the Site from
any and all occupations, encroachments or Encumbrances, and shall not place or
create nor permit any Contractor or other person claiming through or under the
Concessionaire to place or create any Encumbrance or security interest over all
or any part of the Site or the Project Assets, or on any rights of the
Concessionaire therein or under this Agreement, save and except as otherwise
expressly set forth in this Agreement.

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8.5.15 Access to the Authority& Independent Monitor
The license, Right of Way and right to the Site granted to the Concessionaire
hereunder shall always be subject to the right of access of the Authority and the
Independent Monitor, viewing and as exercise of their rights and performance
of their obligations under this Agreement.
8.5.16 Protection from Hazardous or Contaminated Material
The Concessionaire shall ensure at its cost and consequence that during such
period the Site is protected from any hazardous or contaminated material, and
that no damage is caused by its activities thereat.
8.5.17 RIGHTS AND TITLE OVER THE SITE
8.5.17.1 Licensee rights
For the purpose of this Agreement, the Concessionaire shall have rights to
the use of the Site provided by the Authority as sole licensee subject to
and in accordance with this Agreement, and to this end, it may regulate the
entry and use of the Project by third parties in accordance with and subject
to the provisions of this Agreement.
8.5.17.2 Access rights of the Authority and others
The Concessionaire shall allow free access to the Site at all times for the
authorized representatives and vehicles of the Authority, Senior Lenders,
and the Independent Monitor, and for the persons and vehicles duly
authorized by any Government Instrumentality to inspect the Project or to
investigate any matter within their authority, and upon reasonable notice,
the Concessionaire shall provide to such persons reasonable assistance
necessary to carry out their respective duties and functions.
8.5.17.3 The Concessionaire shall, for the purpose of operation and maintenance of
any utility, allow free access to the Site at all times for the authorized
persons and vehicles of the controlling body of such utility.
8.5.17.4 Property taxes
The Concessionaire shall be liable to pay any property taxes for the Site.
8.5.17.5 Restriction on sub-letting or Mortgages
The Concessionaire shall not sublicense or sublet mortgage as surety the
whole or any part of the Site, save and except as may be expressly set
forth in this Agreement; provided that nothing contained herein shall be

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 construed or interpreted as restricting the right of the Concessionaire to
appoint Contractors for the performance of its obligations hereunder
including for operation and maintenance of all or any part of the Project.
8.5.18 Site provided by the Concessionaire
In case the Concessionaire obtains the land for the project on his own, in that
case, all the clauses mentioned above (8.5) shall not be applicable to the Site.
9) Dispute Resolve Mechanism
9.1 The Service provider and the Authority shall endeavor their best to amicably settle all
disputes arising out of or in connection with the Contract in the following manner:-
9.2 The Party raising a dispute shall address to CMHO of the District, a notice requesting an
amicable settlement of the dispute within seven (7) days of receipt of the notice.
9.3 If the parties fail to resolve their dispute or difference by such mutual consultations within
seven days of commencement of such consultation, then the CMHO or the Service
provider may appeal to the Director, Health Services.
9.4 If dispute is not resolved with Director, Health Services, then Service Provider may appeal
to the Commissioner, Health Services, Chhattisgarh
9.5 The Contract shall be governed by and constructed according to the laws in force in India.
The parties hereby submit to the exclusive and competent jurisdiction of the Courts
situated at Raipur Chhattisgarh.
10) End of Agreement:
10.1 Foreclosure
10.1.1 This shall apply in case there is change in the ownership of the Service
Provider, and if the new Service Provider is not willing to continue the
agreement under the same terms and conditions.
10.1.2 When the Service Provider is running more than one project, in such cases,
Foreclosure of an existing agreement shall apply to the project specified,
wherein the grounds, for such foreclosure or termination, in any one project
with the Service Provider, shall not be prejudicial to any other, one or more
valid projects, between that Service Provider and the Authority of any other
or more than one project.
10.2 Exit- Either party may terminate the Agreement with mutual consent by giving 6
months prior notice.

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 10.2.1 If private party request for foreclosure / exit from Agreement before the
commissioning of Hospital- Performance Security shall be forfeited and
no compensation shall be paid in any circumstances.
10.2.2 If Authority requests for foreclosure / exit from Agreement after the
commissioning of Hospital- Assessment of project shall be carried out by
third party and Service Provider is entitled to receive the sum assured as
per clause 10.4.5 of this document.
10.2.3 In any case if one or both parties opt for foreclosure, Exit or termination,
as the case may be, the Service Provider has to refund the entire fund
received in the form of VGF along with the prevailing simple bank interest
rate on saving account.

10.3 Termination-
10.3.1 Right to Terminate the Process: Contracting Authority reserves the right to
terminate the contract entered into with service provider under the
following circumstances:-
10.3.2 If the Service Provider fails to initiate the project, as per the timelines
prescribed or, fails to initiate the assignment, even after extension, if any,
allowed by the Authority.
10.3.3 The Service Provider commits a breach of any of the terms and conditions
of the agreement.
10.3.4 In case the Service Provider fails to deliver the services as mentioned in
the scope of work.
10.3.5 The Service Provider goes into liquidation, voluntarily or otherwise.
10.3.6 If cumulative deductions on account of Penalty exceeds the performance
security, at any point of time.
10.3.7 Discontinuity of services for more than 30 days, unless extended by
authority.
10.3.8 Use of allocated space by Service Provider for any purpose other than the
Hospital services.
10.3.9 The Service Provider sells or transfers any proprietary rights or entrust to
any other third party for running the proposed scheme, the duration for
which the agreement has been signed
16
 10.3.10 In human resource deployed, by the Service Provider is/are found
indulging in any criminal activity, illegal, immoral activity or found
indulging in action affecting the dignity of woman or children including
but not limited to direct or indirect harassment, or sexual abuse and
misdemeanor, The Service Provider shall terminate the concerned
employee immediately else agreement shall be liable for termination.
10.3.11 If during any time of the concession period / contract period of 30 years,
it is come to the knowledge of the Contracting Authority that the some or
all of the bidding information provided by Private Party is misleading,
false or fabricated and based on such information the Private Party has
been able to successfully secure the bid.
10.4 Process of Termination-Contracting authority, reserves the right to terminate the
agreement by following processes-
10.4.1 The Authority will issue a show cause notice in writing, if he is not satisfied
about the services given by the Service Provider or any other conditions
given in Clause 19.1
10.4.2 The Service Provider will have to submit and provide roadmap and action
plan within 10 days after receiving the notice, as to, how he plans to improve
the services or correct the faults, as the case may be.
10.4.3 If the Authority is not satisfied with the road map or the plan, or the Service
Provider fails to execute the action plan within the stipulated time, which
shall not be more than 3 months.
10.4.4 In all such cases of termination, The Service provider shall have to vacate
and hand over the project site including project assets provided to him within
45 days of the date specified in termination order.
10.4.5 Assessment of value of the project-
In cases of foreclosure, Exit or termination of agreement, the assessment of
the value of project shall be done by third party selected by steering
committee.
In all such cases, amount to be paid to the Service Provider-
I. Up to 5 years after commissioning of hospital services- 75% of the
assessed original value
II. Between 5 to 10 years after commissioning of hospital services- 50 % of
17
 the assessed original value
III. Between 10 to 15 years after commissioning of hospital services- 25% of
the assessed original value
IV. After 15 years after commissioning of hospital services- 10% of the
assessed original value
11) Payment Mechanism
The Payment for the free beds may be claimed by the service provider as per the existing
mechanism in various schemes.
12) Monitoring Mechanism- As per clause 15 of the RFP document and Annexure 14 during
the construction phase and Annexure 15 & 16 during operation and maintenance phase.
13) Penalty Clause:- As per penalty clause 17 and annexure 15 of the RFP.
14) Miscellaneous
14.1 Force Majeure
14.1.1 Notwithstanding anything contained in the provisions of conditions of contract the
Service Provider shall not be liable for forfeiture of its performance security,
liquidated damages or termination for default, if and to the extent that, it’s delay in
performance or other failure to perform its obligations under the contract is the
result of an event of Force Majeure.
14.1.2 For purpose of this clause, Force Majeure means an event beyond the control of the
Service Provider and not involving the Service Providers fault or negligence and
not foreseeable.
14.1.3 Such events may include disasters, floods, and epidemics.
14.1.4 If a Force Majeure situation arises, the Service provider shall promptly notify the
Authority in writing of such conditions
14.1.5 Unless otherwise directed by Authority in writing, the Service provider shall
continue to perform its obligations under the contract as far as is reasonable
practical, and shall seek all reasonable alternative means of performance not
prevented by the force majeure event.

18
IN WITNESS WHEREOF the Parties have by duly authorized
Representatives set their respective hands and seal on the date first above
Written in the presence of:
For Service Provider
For …………….(Contracting (Implementing
Authority)........................ Agency)

Place: Date:

19
 Annexure 1
GENERAL TERMS & CONDITIONS

1. Bidders are encouraged to submit their respective applications after visiting the Project site
and ascertaining themselves about the site conditions, location, surroundings, climate,
availability of power, water and other utilities for construction, access to site, handling and
storage of materials, weather data, applicable laws and regulations, and any other matter
considered, relevant by them.
2. The Bidders shall be responsible for all of the costs associated with the preparation of their
applications and their participation in the Bid Process. The Authority will not be responsible
or in any way liable for such costs, regardless of the conduct or outcome of the Bidding
Process.
3. Bidder can submit online application for all the projects but separate financial bid is required
for each project.
4. A bidder can submit only one application for each project. More than one application by a
single bidder for a particular project shall lead to disqualification of Bidder for that particular
project.
5. The Bidder shall deposit, EMD in the form of a Bank Guarantee, along with the Bid
equivalent to Rs.10,00,000 (Ten lacs Only)valid for 180 days from the Bid Due Date as per
Annexure 7 of RFP.
6. The Bid shall be rejected if it is not accompanied by the EMD.
7. The EMD of unsuccessful Bidders shall be returned.
8. EMD of the selected bidder shall be retained, till the selected bidder has provided a
Performance Security under the Concession Agreement.
9. The successful Bidder, on being selected as the Private Partner, will be required to furnish Rs
10,000,000/- (Rs One Crore only), as the Performance Security in accordance with the
conditions of the Concession Agreement, in the form of a Bank Guarantee, within 15
(Fifteen) days of receipt of the LOA, drawn in favor of the Authority and should be valid for
a period one year. Performance Security shall be renewed at the end of every year throughout
the period of the agreement. The Performance Security is to be furnished along with the
Concession Agreement duly signed by the Selected Bidder. Format for performance security
as per Annexure 18 of RFP.
10. If the Selected Bidder fails to sign the Agreement and/or does not furnish the Performance
Security, within fifteen days of issuance of the LOA, then the EMD furnished by such Bidder
20
 shall be forfeited, and the authority could, at it’s own discretion, commence blacklisting
provisions against the defaulting bidder.
11. If the successful Bidder after signing the Agreement fails to perform any contractual
obligation specified in the Agreement, the Performance Security will be forfeited.
12. The Performance Security furnished by the successful Bidder in respect of his/her Bid will be
returned to him/her at the end of the Agreement subject to the satisfactory performance of the
contractual obligations, provided there is no further extension of the Agreement.
13. Amendment in RFP-
13.1 At any time prior to the deadline for submission of Application, the Authority may, for
any reason, whether at its own initiative or in response to clarifications requested by
more than 51% of total number of bidders, modify the RFP by the issuance of
Addendum.
13.2 Any Addendum thus issued will be uploaded in the website of the Authority.
13.3 In order to afford the Bidders a reasonable time for taking an Addendum into account,
or for any other reason, the Authority may, in its sole discretion, extend the
Application Due Date.
14. Notwithstanding anything contained in this RFP, the Authority reserves the right to accept or
reject any Application and to annul the Bidding Process and reject all Applications/Bids, at
any time without any liability or any obligation for such acceptance, rejection or annulment,
and without assigning any reasons thereof. In the event that the Authority rejects or annuls all
the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids hereunder.
15. The Authority reserves the right to reject any Application and/ or Bid if:
15.1 At any time, a material misrepresentation is made or uncovered, or
15.2 The Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority, for evaluation of the Application.
15.3 In case it is found during the evaluation or at any time before signing of the
Concession Agreement or after its execution and during the period of subsistence
thereof, including the concession thereby granted by the Authority, that one or more
of the pre-qualification conditions have not been met by the Bidder, or the Bidder has
made material misrepresentation or has given any materially incorrect or false
information, the Bidder shall be disqualified forthwith if not yet appointed as the
Private Partner either by issue of the LOA or entering into of the Agreement. In case
if, Bidder has already been issued the LOA or has entered into the Agreement, as the

21
 case may be, the same shall, notwithstanding anything to the contrary contained
therein or in this RFP, be liable to be terminated, by a communication in writing by
the Authority to the Bidder, without the Authority being liable in any manner
whatsoever to the Bidder and without prejudice to any other right or remedy which
the Authority may have under this RFP, the Bidding Documents, the Agreement or
under applicable law. The Bid Security/ Performance Security shall be forfeited in
case any such misrepresentation is found.
15.4 In case of change of ownership of the hospital, the new owner/private partner shall
have to accept all the terms & conditions and roles & responsibilities, prevailing at
the time of signing of agreement.
15.5 The Authority, reserves the right to verify all statements, information and documents
submitted by the Bidder in response to the RFP. Any such verification or lack of
such verification by the Authority shall not relieve the Bidder of its obligations or
liabilities hereunder nor will it affect any rights of the Authority there under.

22
 Annexure 2
SCOPE OF WORK

The scope of work of Private Party shall include, but not limited to following-
To build, equip, operate, maintain and manage the Hospital and each part thereof and
perform other function and duties as per the standards mentioned in the norms for a 100
bedded Sub-district hospitals for IPHS.
(URL - http://nrhm.gov.in/images/pdf/guidelines/iphs/iphs-revised-guidlines-2012/sub-
district-sub-divisional-hospital.pdf)
1. Construction of building:
1.1 To construct hospital building design as per the specification laid down in IPHS
norms for 100 bedded Sub-district Hospital. However, the construction should
follow the norms specified in NBC 2005 (National Building Code 2005) and
amendments thereafter.
1.2 The Structure of Building shall follow core Skeletal Structure consisting of Columns
and Beams.
1.3 It should have circum ambulatory corridor and space for Canteen and other
necessary amenities.
1.4 Infrastructure should be designed in such a way that it should be disable friendly and
should provide good ambience and environment for the patients and visitors along
with sufficient Waiting Space, Chairs, drinking water facility, toilets and Parking,
etc.
1.5 The building must have Ramp wide enough (at least 6 ft. wide) for swift movement
of Stretcher / trolley/ Wheel chair and general traffic of the patients.
1.6 The building should have at least two lifts, one for the trolley and one for the staff
and patients.
1.7 Infrastructure requirement should be in consonance of Human resource deployed i.e.
Sufficient Consultation Room for doctors, Nursing Station and duty rooms for
Nurses and other paramedical Staff, toilets etc.
2. Equipments and Instruments :
The private partner shall have to provide all the equipment and instruments required to
meet the services to be provided as per the norms, mentioned in the IPHS standards for a
100 bedded sub district hospital.

23
3. Hospital Furniture :
As per the IPHS norms the private partner shall procure the beds and other hospital
furniture.

4. Human Resource :
The Private partner shall recruit the requisite no of Human resource well in time,
(Includes but not limited to the Medical and paramedical staff, required to operate a 100
bedded hospital as per the IPHS norms). The indicative no of Human resource has been
given in the Annexure 11 of RFP.

5. Services :
5.1 Providing primary and Secondary level health care services as per the norms
prescribed in the Indian Public Health Standards (IPHS) for 100 bedded Sub-district
Hospital as per Annexure 12 of RFP.
5.2 Support Services:- As described below, but not limited to -
• Biomedical Waste and general waste management
• Housekeeping and Cleaning Services
• Laundry services
• Security Services
• Kitchen
• Medical Record
• CSSD
6. Miscellaneous:-

The Private Partner, at his own discretion, may initiate/ operate following services related
to benefit of Patients and Hospital.
6.1 Institute offering, nursing courses, Laboratory Technician, other paramedical courses
within the hospital complex.
6.2 Pharmacy, Restaurants, ATMs, Stationary, Mobile recharge shop, Fruit shop and
Photocopiers etc. for the convenience of the patients can also be provided within the
hospital complex.

24
 Annexure 3
ROLES AND RESPONSIBILITIES
1. Minimum Development Obligations to the bidder -
1.1 To build and initiate operations (Construction of the Building, Furnishing, Installation of
equipments, Recruitment of Human Resource and Start functioning of the Hospital)
within 18 months from the date of handing over of the land. Detailed timeline for various
activities has been provided in the Annexure 13 of RFP.
1.2 Right to use of land as per prevailing laws of Chhattisgarh state.
1.3 The Private partner shall have to obtain all the necessary clearances/ NOC for the
development of land / Construction of Building for hospital within 3 months from the
date of allotment of land.
1.4 While undertaking development of the Project, the Private Partner shall adhere to latest
amended relevant National Building Codes (2005) and practices.
1.5 The Private partner shall be responsible for all the clearances as may be essential for the
development and operations of the project. This shall include but not limited to,
Clearances/ NOC/ Certificate, from Revenue department, Municipal / Local urban
bodies, Fire safety, Electricity Board, Pollution Control Board, other Government
Agencies and Authorities as applicable. Other statutory requirements as per the Nursing
Home Act Chhattisgarh 2010 and Nursing Home Rule, Chhattisgarh 2013, PC-PNDT,
MTP, Blood Bank, AERB, Drug & Cosmetic Act, Licence for storing spirit etc and apart
from these, guidelines and any other approvals of Department of the Government of
Chhattisgarh and Government of India, laws of land, the principles of good industry
practices and any other norms/ laws, as applicable from time to time. The authority may
facilitate in obtaining licenses/approval, pertaining to health sector.
1.6 Upon failure to complete the development of infrastructure, equipment and placement of
human Resource etc. as per existing norms and regulations of the Indian Public Health
Standards within the laid down time frame as mentioned in Annexure 14 of RFP, a
graded penalty shall be levied on Private partner as per penalty clause.
1.7 The hospital set up should provide complete solution for health care services, Primary as
well as Secondary health care as per the standard provided in IPHS norms for 100 bedded
sub-district Hospital.
2. Other obligations to the bidder -
2.1 This hospital shall have to provide 20% free OPD services to the patients coming to the
25
 hospital with BPL card / RSBY card (the RSBY card here, shall be used as identification
for BPL patients). The data of such record shall have to be furnished by the private
partner at the end of month, failing which the penalty will be imposed as given in the
penalty clause.
2.2 This hospital shall have to make, 40% beds out of 100, available beds to selected
categories of SECC (Socio Economic Caste Census), and beneficiaries of other
government schemes like RSBY / MSBY/ successor schemes, etc at predefined Rates of
these schemes.
2.3 Fee shall not be charged to any of the patients mentioned in above clauses 8.2.1 & 8.2.2
of RFP.
2.4 Remaining 60% beds can be utilized by the private partner to provide healthcare at
existing Market rate.
3. Obligation to the contracting authority -
3.1 The Contracting Authority will ensure allotment of land on lease for project, for a period
of 30 years @ Re.1/-.
3.2 License, Access and Right of Way
The Authority hereby grants to the Concessionaire access to the Site for carrying out any
site inspections, surveys and investigations that the Concessionaire may deem necessary
during the Development Period, it being expressly agreed and understood that the
Authority shall have no liability whatsoever in respect of site inspections, survey and
investigations carried out or work undertaken by the Concessionaire on or about the Site
pursuant hereto in the event of Termination or otherwise.
4. Grievance and Complaint redressal-
4.1 All the complaints and the grievances, pertaining to services of the hospital, shall go to
the CMHO of the concerned district and then to the Director, Health Services,
Chhattisgarh, and finally to the Commissioner Health Services, Chhattisgarh.
4.2 The Hospital shall develop mobile / web-based application for patient feedback
mechanism or link with existing feedback mechanism prevailing in the Government
hospitals.

26
 Annexure – 4
TIME PERIOD OF VARIOUS ACTIVITIES FOR COMMISSIONING OF

THE HOSPITAL

Stage
Time Period Work Activity
No

• NOC/ Clearance from concerned department

1 Upto 3 months
• Initiation of Construction work

• Plinth
2 Upto 6 Months
• Ground floor construction

• Ground floor complete

3 Upto 9 Months
• Completion of 1st floor

• Completion of subsequent floors

4 Upto 12 months
• Completion of Construction

• Finishing & furnishing of Building

• Installation of equipments
5 Upto 18 month
• Recruitment of HR
• Commissioning of Hospital

• Delay of 1 month in completion of all activities

6 In 19 months
mentioned in Stage 5

• Delay of 2 months in completion of all activities

7 In 20 months
mentioned in Stage 5

• Delay of 3 months in completion of all activities

8 In 21 months
mentioned in Stage 5

27
 Annexure 5-A
MONITORING MECHANISM
1. The overall monitoring of the project would be done on a Quarterly basis by a Steering
Committee set up under the Chairmanship of the Commissioner, Department of Health and
Family welfare, Government of Chhattisgarh. The steering committee will monitor the
operation of the project under Key Performance Indicators already in place for functioning
of the Government hospitals.
The Steering Committee shall comprise following members-
• Director, Health Services
• Mission Director, National Health Mission, Chhattisgarh
• Director, Family Welfare
• Divisional Joint Director, Health Services, Raipur and Sarguja Division
• Concerned Chief Medical and Health Officer of District.

28
2. The monitoring committee shall monitor the quality of construction and progress of the
project during construction period, on quarterly basis and submit report to the Steering
Committee. The monitoring committee shall comprise of following members-

2.1 Superintendent Engineer CGMSC or Engineer of Superintended rank either in State

govt. Department or its / Agency.

2.2 Deputy Director, Bhawan Vikas, Directorate Health Services

2.3 Finance Controller, Directorate Health Services

3. Amount eligible for penalty shall be deducted from the Performance Security. If the penalty
amount exceed the performance security at any point of time, the contract shall be liable for
the termination.
4. Timeline for the accomplishment of various activities has been defined in the Annexure 13
of RFP. If there is delay in the execution of the project as per defined schedule or any
extension thereafter by competent Authority, as the case may be, Liquidated damages shall
be recovered from the Private Partner as follows-
4.1 Notwithstanding Authority reserves the right to, liquidated damages for delay in the
project implementation of the undelivered portion of work. Penalty shall be, charged for
per month / Quarterly basis for every month / quarter delay, as the case may be, in the
specified delivery schedule subject to a maximum of Performance security submitted by
the Bidder.
4.2 Please note that the above Liquidated Damage for delay in delivery and delay in
commissioning are independent of each other and shall be levied as the case may be.
4.3 The Authority reserves its right to recover these amounts by any mode such as adjusting
from any payments to be made by Authority to the Private Partner. Liquidated damages
will be calculated on a per month basis and recovery would be done as per Annexure 15
of RFP.

29
 Annexure 5-B
Stage Deficiency in Services attract
Particular Service level agreement
No penalties/ Liquidated damages

• Number of Staff (Medical

Staff, Paramedical &
No of HR Administrative Staff) as • Non availability of staff placed
1 on daily basis/ duty hours as
placed per IPHS standard
• Availability of Medical/ per duty roster or fail to replace
Paramedical/Administrati the off duty/ leave staff
ve staff during duty hour
• Non availability of essential
Service • Availability of all
2 services for particular
Availability essential department wise
department ( Deficiency more
services as per IPHS
than 10%)
Availability of • 100% Availability of drugs as
• Availability of essential
3 Drugs and per State EDL
Drugs and Consumables
Consumables as per State EDL
• Availability of all • If proper infrastructure,
Infrastructure requisite infrastructure, Furniture, Fixtures is not
4
Availability Furniture, Fixtures to available to carry out activity
carry out the activities
smoothly
• Proper Housekeeping and
• Provide necessary
Housekeeping / Cleaning to be provided in and
5 personnel, equipments,
Cleanliness around Hospital
process and protocols to
keep facilities clean
Upkeep time of • Ensure 90% upkeep time for
6 • All efforts to provide
equipments equipments
readily available services
No of free OPD patients Less than
7 OPD patients • Number of OPD patients
treated free/ month 20% of the total OPD

Minimum 40% of beds to be

8 IPD patients • Number of beds available
for Govt schemes reserved for free treatment

Grievance Free services for the Govt Complaint from patients regarding
9
redressal schemes payment

30
 Annexure 5-C
S.No Indicator Numerator Denominator

Ratio of doctors in Number of doctors in

1 position with respect position IPHS norm for the respective
to IPHS norm (Specialist/MBBS/AYUSH) category hospitals
Ratio of Staff nurses
2 in position with Number of staff nurse (exc- IPHS norm for the respective
respect to IPHS norm ANM) in position category hospitals

Ratio of paramedical
3 staff in position with Number of paramedical IPHS norm for the respective
respect to IPHS norm staff in position category hospitals
Proportion of core
4 healthcare services Proportion of Healthcare
available Services Available 14
Proportion of support Proportion of Support
5
services available Services Available 10
Total days of Inpatient
6 admitted added for a Total Functional Beds* days in
Bed occupancy rate month* 100 month
Cumulative days of
Total No. of Discharges (including
Average Length of inpatient admitted for
7 LAMA, Death, Referral,
Stay (ALS) month (excluding day care
Absconding) in the month
patients)

No. of Admission excluding Day

8 Lama Rate No. of LAMA Patients
care and Absconded patient

Proportion of
9 diagnostic services Number of diagnostic
available services available 10
Total no. of Test Done in
Lab Utilization Index Total No. of Patient (OPD &
10 lab (Both OPD and IPD
(LUI) IPD)
tests)*1000
Percentage of No of Surgeries Done
No of total major Surgeries done
Surgeries done during during day time *100
11 (Excluding family planning
day (Planned (Excluding family planning
surgeries and minor surgeries)
Surgery) and minor surgery)
No of Surgeries Done at
Percentage of No of total major Surgeries done
Night *100 (8PM-8 AM)
12 Surgeries Done at (Excluding family planning
(Excluding family planning
Night surgeries and minor surgeries)
and minor surgery)
Total number of deliveries
Total no of
13 conducted in the facility 50
institutional deliveries
during month *100

31

14
C- Section rate
Percentage of High Risk
15
Pregnancy/Obstetric Complication
16 Referral Rate
17 Emergency Death Rate
Stock out percent of supplies for
18
Essential Drugs
Registration to Drug time
19
(Average)
20 Surgical Site Infection Rate
21 Maternal Death Rate
22 Neonatal Death Rate
23 IPD Patient Satisfaction Score
24 OPD Patient Satisfaction Score
Annexure 5-C Cont……
Total number of deliveries in
Number of C-Section deliveries the year (Normal + Assisted
Performed in the year * 100 Deliveries + C section)
Total No. of High risk Total No. of
Pregnancies/Obstetric pregnancy/obstetric cases
complication managed*100 register
No. of cases referred out from
No. of cases admitted (except
the hospital (excluding LAMA
day care procedure)
and Absconded)*100
No. of Patient managed at
No. of Death Occurred at
emergency (Total patient in
emergency department
emergency department minus
(excluding brought in dead)*100
referred out)
Total no. of stock out days in the Total no. of essential drugs X
year X 100 365
Total time (in minute) taken by
the patient from entering in Total patients taken under study
queue for registration to exit
No. of Surgical site infective Total No. of Surgeries done in
cases observed*100 month
No. Of Maternal Death occurred No. of Pregnant woman
at Hospital*100 admitted
No. of Neonatal deaths occurred
No. of Live births and neonatal
in Hospital in Hospital and
Outborn admission (exclusion
SNCU (exclusion Still
Still Birth)
Birth)*100
Feedback score Obtained by IPD Total no. of patients interacted
patient satisfaction survey X 100 X maximum score
Feedback score Obtained by
Total no. of patients interacted
OPD patient satisfaction survey
X maximum score
X 100
32
 Annexure 5-C Cont……

Indicator Detail Numerator Denominator

I General Medicine
Ii General Surgery
Iii Obstetrics and Gynaecology
Paediatrics, including neonatology [ as
Iv
required for a Level II SNCU]
Emergency (Accident and other
V
emergency ) (Casualty 24 X 7 basis)
Availability of Core
healthcare services (14) Vi Critical Care (ICU) Total Number Total number of
(Proportion of Services Vii Anaesthesia of Services Services
available against the Available expected (14)
Viii Ophthalmology
expected)
Ix ENT

X Dermatology and Venereology (Skin and

VD) RTI/STI
Xi Orthopaedics
Xii Public Health Unit (may be collocated)
Xiv Radiology

I Hospital information system (At least

OPD, IPD and Pharmacy Module)
Ii Sterilization and Disinfection - CSSD
Iii Blood Bank
Availability of Support
Iv Waste management including biomedical
services (10) Total Number Total number of
waste
(Proportion of Services of Services Services
available against the V Medico-legal / post-mortem Available expected (10)
expected) Vi Dietary services for patient
Vii Electric supply backup
Viii Pharmacy
Ix Water supply (plumbing)
X Refrigeration
I Urine analysis
Ii Stool analysis
Iii PAP Smear
Iv Sputum Total Number
Availability of V Total number of
Haematology of lab
diagnostic testing lab Services
Vi Serology Services
services expected (10)
Available
Vii Biochemistry
Viii Opthalmology
Ix ENT
X Radiology

33
 Annexure 6
PENALTY CLAUSE
Deficiency in Services attract
Stage Particular Service level agreement penalties/ Liquidated Penalties
No damages

• Number of Staff (Medical

Staff, Paramedical &
No of HR Administrative Staff) as
1 placed on daily basis/
placed per IPHS standard
• Availability of Medical/
Paramedical/Administrati
ve staff during duty hour
Service • Availability of all
2
Availability essential department wise
services as per IPHS
Availability
• Availability of essential
3 of Drugs and
Drugs and Consumables
Consumables as per State EDL
• Non availability of staff 5 % of daily revenue
generated
duty hours as per duty
roster or fail to replace
the off duty/ leave staff
• Non availability of 5% of daily revenue
essential services for generated
particular department (
Deficiency more than
10%)
• 100% Availability of 3 % of daily revenue
drugs as per State EDL generated by
Pharmacy and drug
dispensing
(including both OPD
& IPD)

• If proper infrastructure, Rs 5000 per day at

• Availability of all Furniture, Fixtures is not each occasion
Infrastructure requisite infrastructure, available to carry out cumulatively till the
4
Availability Furniture, Fixtures to activity
carry out the activities deficiencies are
smoothly rectified.

• Proper Housekeeping and Rs 500 per day at

• Provide necessary Cleaning to be provided each occasion
Housekeeping in and around Hospital
5 personnel, equipments, cumulatively till the
/ Cleanliness process and protocols to deficiencies are
keep facilities clean rectified.

• Ensure 90% upkeep time Upkeep time less

for equipments than 90% attract 5%
and less than 60%
Upkeep time
6 • All efforts to provide attract 10% penalty
of equipments readily available services of daily estimated
revenue of the
department.

34
 No of free OPD patients
5 % of revenue
7 OPD patients • Number of OPD patients Less than 20% of the total
treated free/ month generated/month
OPD

Minimum 40% of beds to be 5 % of revenue

8 IPD patients • Number of beds available
for Govt schemes reserved for free treatment generated / month

Grievance Free services for the Govt Complaint from patients 5 % of daily revenue
9
redressal schemes regarding payment generated

Clause 17 of RFP – (Penalty)

1. After commissioning of the hospital, in any cases where the Private partner fails to
provide health care services to the patients as per the terms and conditions laid down in
the RFP, the private partner shall be liable for penalty of 5% of performance Security,
separately for each deficiency.
2. This short of services or fail to delivers services shall be reported as per attached
checklist, by the Nodal officer / Authorized representative of Jeevan Deep Samiti / Senior
Health officials or any other officials nominated by Steering Committee.
3. Checklist for the monitoring of services to be provided by the Private partner and
associated penalty for non delivery of services is attached in the Annexure 15 of RFP.
4. If any complaints from patients are found true in the enquiry by the authority, then
penalty shall be given as per Annexure 15 of RFP.

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 Annexure 7
SITE OF THE PROJECT
(To be given by the Department of Health & Family Welfare )

Site Description :

Area :

Site Plan:

Details of Record of Rights

Boundaries: N/S/E/W

Certified that the land is free of all encumbrances and/or encroachments.

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