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Lucknow: The state government has invited applications from authorities and institutes interested in establishing medical colleges in 16 districts under the public-private partnership model, according to a recent notification posted on the official website of the UP DGME.

The Uttar Pradesh Medical Education Department has set November 5th, 2021 as the deadline for receiving applications from private institutions interested in the bid, and it is worth noting that land for these medical colleges has already been allocated.

The policy on the establishment of medical colleges on a public-private partnership (PPP) model was issued by the department only after cabinet approval.

These medical colleges are aimed at providing easy access to better healthcare facilities in areas where only Primary Health Centres, Community Health Centres and District Hospitals are available. 16 such districts were identified, including Baghpat, Ballia, Bhadohi, Chitrakoot, Hamirpur, Hathras, Kasganj, Maharajganj, Mahoba, Mainpuri, Mau, Rampur, Sambhal, Sant Kabirnagar, Shamli and Shravasti.

According to an estimate, the medical colleges to be set up in 16 districts will have 1600 new doctors while about 10,000 people will get jobs in them. Besides, these medical colleges will have about 6,000 new beds for the treatment of people.

The opening of these medical colleges will also lead to an increase in the number of MBBS and BDS seats, and subsequently an increase in the availability of skilled manpower within the medical fraternity.

The Authority has adopted a single-stage Application process (the “Application Process”) system for selection of Applicant. Applicant are invited to submit their Applications for one or more of the District of the Project. All Applicant submitting its Application for any or all of the District shall simultaneously submit, in accordance with terms hereof, their relevant qualification details as required hereunder for the purpose of meeting Minimum Eligibility Criteria (“Application”). For the avoidance of doubt, the Applicant can submit only one Application in respect of a particular District.

In the first step of the Application Process, Application of all Applicants shall be evaluated as to whether they are responsive in terms of Clause 3.2.1 and meet the Minimum Eligibility Criteria as set forth in Clause 2.2.2 of this EOI for undertaking the Project.

As part of the Application Process, interested parties who fulfill the Minimum Eligibility Criteria as set forth in this EOI are being called upon to submit their Applications in accordance with the EOI (the “Application Documents”). The Authority shall endeavour to adhere to the timelines in connection with submission, appraisal and approval of the application received from PSE as prescribed in the Policy.

In terms of the EOI, the Applicant should sign and provide a duly executed application security declaration (the “Application Security Declaration”). The Applicant will have to provide Application Security Declaration be in accordance with the form provided in Annexure- E of Appendix-I of this EOI. It is hereby instructed that the Applicant shall submit the original Application Security Declaration (as per the format prescribed in this EOI) in hard copy along with the Application. The Application shall be summarily rejected if it is not accompanied by the Application Security Declaration. It being expressly informed to Applicants that the Applications received on or before 5th of every month shall be undertaken for appraisal and approval on the next working day in accordance with the Policy; provided, however first such cycle of appraisal and approval shall commence for all Applications received on or before 5th day of relevant month falling immediately after expiry of thirty days from date of publication of this EOI. For avoidance of doubt, it is clarified that if any other Application is received prior to the approval of any PSE for that district, the same shall be considered along with the earlier received applications. In the event that the approval has been completed, no other Application shall be considered for that district for which the PSE has been approved.

The Applicants are invited to examine the relevant District(s) in greater detail, and to carry out, at their cost, such studies as may be required for submitting their respective Application for selection of the relevant District under the Project.

The Authority while evaluating the Application shall keep the following priority, which has been arrived at considering the larger public interest of early implementation of the project, minimum disruption of public health services under district hospitals and administrative ease of implementation:

I. Application received under Mode A (private sector bringing land for medical college and the hospital) shall be given priority over all other Applications (i.e. Applications received under Mode B or Mode C);

II. Applications received under Mode B (private hospital with government land for medical college) shall be given priority over Application received under Mode C (district hospital leased by the Government and private sector bringing the land for medical college infrastructure).

Any queries or request for additional information concerning this EOI can be submitted by email to the officer designated in Clause 2.1.3. The email shall clearly bear the following identification/ title:

“Queries/Request for Additional Information: EOI for Selection of Applicant for Project in the sixteen unserved districts in Uttar Pradesh”.

The queries should be submitted in the format specified below to be considered for response and they should be submitted in MS-Excel format. INSTRUCTIONS TO APPLICANTS

GENERAL

General terms of Application

An Applicant individually or as a member of a Consortium shall not be entitled to submit another Application for the same District either individually or as a member of any other Consortium, as the case may be.

Unless the context otherwise requires, the terms not defined in this EOI, but defined in the Draft Agreement shall have the meaning assigned thereto in the Draft Agreement.

The Policy can be downloaded from the web portal : http://shasanadesh.up.gov.in/. The EOI can be downloaded from the e-tender portal i.e. http://etender.up.nic.in (“e-Tender Portal”). Any modifications addendum to EOI, or the responses to queries shall be updated on the etender website, and the Applicants are requested to check the website regularly for updates. The Authority shall not undertake any responsibility, if any, Applicant fails to regularly check the website for addendums.

The Application shall be submitted in the hard copy at the following address:

Director General, Medical Education, Directorate of Medical Education, Uttar Pradesh

Jawahar Bhawan, 6th Floor, Ashok Marg, Lucknow, Uttar Pradesh 226001

Notwithstanding anything to the contrary contained in this EOI, the detailed terms specified in the Draft Agreement shall have an overriding effect; provided, however, that any nonrepugnant conditions or obligations imposed on the Applicant hereunder shall not be prejudiced by this clause and shall continue to have effect in addition to its obligations under the Draft Agreement, and shall be deemed to form integral part of the Draft Agreement.

The Application shall be furnished as per formats provided in Appendixes of the EOI attached below:

The Applicant should submit a Power of Attorney as per the format set forth in Annexure C of Appendix-I, authorising the signatory of the Application to commit the Applicant. The Power of Attorney shall be duly supported with the charter documents or board resolution in favour of the executant. In case the Applicant is a Consortium, the Members thereof should furnish a Power of Attorney in favour of the Lead Member as per the format set forth in Annexure D of Appendix-I duly supported with a charter document or board resolution in favour of executant

Any condition or qualification or any other stipulation contained in the Application shall render the Application liable to rejection as a non-responsive Application.

All communications in relation to or concerning the EOI and the Application shall be in English language.

The Application Documents including this EOI and all attached documents are and shall remain the property of the Authority and are transmitted to the Applicants solely for the purpose of preparation and the submission of an Application in accordance herewith. Applicants are to treat all information as strictly confidential and shall not use it for any purpose other than for preparation and submission of their Application. The provisions of this Clause shall also apply mutatis mutandis to Applications and all other documents submitted by the Applicants, and the Authority will not return any Application, or any information provided along therewith.

An Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the Application Process. Any Applicant found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the Authority shall be entitled to disqualify/reject the Application of the Applicant. Without limiting the generality of the above, an Applicant shall be considered to have a Conflict of Interest that affects the Application Process, if:

a) An Applicant or its Member, and any other Applicant or its Member, as the case maybe, should not have common controlling shareholder having more than 25% shareholding in both entities;

b) such Applicant or its Member thereof receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Applicant or its Member, or has provided any such subsidy, grant, concessional loan or subordinated debt to any other Applicant or its Member; or

c) such Applicant has the same legal representative for purposes of this Application as any other Applicant; or

d) such Applicant or any Associate thereof has a relationship with another Applicant or any Associate thereof, directly or through common third parties, that puts them in a position to have access to each other’s’ information about, or to influence the Application of either or each of the other Applicant; or

e) such Applicant has participated as a consultant or sub-consultant to the Authority in the preparation of any documents, design or technical specifications of the Project.

2.2 Eligibility of Applicants

(a) The Applicant may be a single entity or a group of entities (the “Consortium”), coming together to implement the Project. However, no Applicant applying individually or as a member of a Consortium, as the case may be, can be member of another Applicant. The term Applicant used herein would apply to both a single entity and a Consortium. (b) A Applicant may be a Society be an University or a society registered under the Societies Registration Act, 1860 (21 of 1860) or corresponding Acts in other States or a public religious or charitable trust registered under the Trust Act, 1882 (2 of 1882) or the WAKFS Act, 1954 (29 of 1954); an autonomous body promoted by Central or State Government by or under a Statute for the purpose of medical education; or a company registered under the Companies Act, 2013, or any Consortium of eligible entities. A Consortium shall be eligible for consideration subject to the conditions set out in Clause- 2.2.3 below.

Minimum Eligibility Criteria

I. To be considered as technically qualified, an Applicant shall fulfill the following minimum eligibility criteria (the “Minimum Eligibility Criteria”):

(a) Technical Capacity: For demonstrating technical capacity and experience (the “Technical Capacity”), the Applicant shall have experience of operating a medical college or minimum [150] bedded hospital (“Eligible Project (s)”) as on day of submission of Application.

(b) Financial Capacity: The single entity Applicant /Lead Member shall have a positive Net Worth (the “Financial Capacity”) at the close of the preceding financial year.

For the purposes of this EOI, the net worth (the “Net Worth”) in case of Company shall mean the aggregate value of the paid-up share capital and all reserves created out of the profits and securities premium account, after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation; For other entities Net Worth shall mean the available corpus/contributions and the reserves.

In the event that the Applicant does not meet the Minimum Eligibility Criteria (Technical or /and Financial Capacity) evaluated for as described under this Clause 2.2.2, the Applicant shall be disqualified.

II. Supporting Documents for Eligibility Criteria for each Modes (including Technical Capacity and Financial Capacity)

MODE A: (Private Hospital and Private land)

a) For the purpose of demonstrating the Eligibility Criteria for Mode A and the Technical Capacity & Financial Capacity, the Applicants shall along with the completed sheet in Annexure G of Appendix I, Annexure H of Appendix I and Annexure B of Appendix II, submit the following supporting documents:

(i) Self-certified copy of Certificate(s) of registration/incorporation of the Applicant and in case of Consortium, Certified copy of Certificate(s) of registration/incorporation of Lead Member and each Member of the Consortium; and

(ii) Certificate(s) from the concerned client(s) demonstrating the experience of operating at least 150 bedded hospital or a medical college, as the case may be, as on date of submission of Application, as specified in paragraph 2.2.2 (I) (a) above; and

(iii) Self-certified copy of Certificate(s) of registration from Competent Authority for owned and operational hospital (Clinical Establishment (Registration and Regulation Act, 2020 or under any other Applicable laws) in the particular District for which the Application is submitted; and in case of Consortium, one of the Member of the Consortium can individually demonstrate the criteria of owned and Operational hospital. For avoidance doubt, it is clarified that aggregation of credentials from different Consortium members is not permitted to fulfil this criterion; and

(iv) Self-certified copy of Certificate(s) of title deed of the land as proof of ownership in the particular District for which the Application is submitted; and in case of Consortium, one of the Member of the Consortium can individually demonstrate the criteria of ownership and possession over the land. For avoidance doubt, it is clarified aggregation of credentials from different Consortium members (e.g. adding of beds from two or more hospitals) is not permitted to fulfil this criterion. Without prejudice to the foregoing, it is clarified that alternatively, Applicant may submit an agreement to sell or agreement to lease, provided however, in case such Applicant is appraised and shortlisted for grant of incentives, then a provisional LOI would be issued subject to the Applicant furnishing required title document. It is further clarified that no entitlement for incentives will arise unless the Authority is satisfied with the fulfilment of this condition; and

(v) Certificate(s) from Statutory Auditors/Chartered Accountant of the Applicant / any Member of Consortium specifying the Net Worth of the applicant, as at the close of the preceding financial year.

MODE B: (Private Hospital with Government Providing Land for Medical College Infrastructure)

For the purpose of demonstrating the Eligibility Criteria for Mode B and the Technical Capacity & Financial Capacity, the Applicants shall along with the completed sheet in Annexure G of Appendix I, Annexure H of Appendix I and Annexure B of Appendix -III, submit the following supporting documents:

(i) Self-certified copy of Certificate(s) of registration/incorporation of the Applicant and in case of Consortium, Certified copy of Certificate(s) of registration/incorporation of Lead Member and each Member of the Consortium; and

mber as the lead member (the “Lead Member”).

(d) the Application should include a brief description of the roles and responsibilities of individual Consortium Members, particularly with reference to their financial and technical obligations;

(e) an individual Applicant cannot at the same time be member of a Consortium. Further, a member of a particular Applicant Consortium cannot be member of any other Applicant Consortium;

(f) members of the Consortium shall have entered into a binding Memorandum of understanding (the “MOU”), substantially in the form specified at Annexure- F of Appendix-I, for the purpose of making the Application and submitting an Application in the event of being qualified. The MOU, to be submitted along with the Application, shall, inter alia:

(i) in case the Consortium is declared as the Selected Applicant hereunder, ensure that its minimum capital contribution commitments are clearly set out, and state that the Consortium shall act through the Lead Member in accordance with this EOI, and subsequently carry out all the responsibilities as Selected Applicant in terms of the Draft Agreement for that particular District;

(ii) clearly outline the proposed roles and responsibilities of each Member at each stage;

(iii) include a statement to the effect that all Members of the Consortium shall, till the term of the Draft Agreement and in accordance with the Draft Agreement, be liable jointly and severally for all obligations of the Applicant.

(iv) the Hospital can be owned and possessed by any one Member of the Consortium;

(v) any one Member of the Consortium should be having a clear title over the land and it should be free from all encumbrances as also there should not be any legal proceeding pending in any Court of law in respect of the land or part thereof, if applicable.

(vi) include a provision that the Lead Member shall represent all the members of the Consortium and shall at all times be liable and responsible for discharging the functions and obligations of the Contractor; and that each member of the Consortium shall be bound by any decision, communication, notice, action or inaction of the Lead Member and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall have the right to release incentives solely to the Lead Member and shall not in any manner be responsible or liable for the inter se allocation of incentives among members of the Consortium; and

(h) except as provided under this EOI and the Application Documents, there shall not be any amendment to the MOU without the prior written consent of the Authority.

(Note: Memorandum of understanding should be submitted along with the Application. The MOU entered into between the members of the Consortium should be specific to the Project and should fulfill the above requirements, failing which the Application shall be considered non-responsive.)

Any entity which has been barred by the Central/ State Government, or any entity controlled by it, from participating in any project and the bar subsists as on the date of the Application, would not be eligible to submit the Application, either individually or as Member of a Consortium.

No change in the composition of the Consortium is allowed subsequent to the submission of the Application during the Application Process.

Cost of Application

The Applicants shall be responsible for all of the costs associated with the preparation of their Applications and their participation in the Application Process. The Authority will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Application Process.

Location visit and verification of information

Applicants are encouraged to submit their respective Applications after visiting the Districts and ascertaining for themselves the conditions, location, surroundings, climate, emergency medical needs, healthcare infrastructure, Applicable Laws, applicable permits and regulations, and any other matter considered relevant by them.

It shall be deemed that by submitting an Application, the Applicants has:

a) made a complete and careful examination of the Application Document;

b) received all relevant information requested from the Authority;

c) acknowledged and accepted the risk of inadequacy, error or mistake in the information provided in the Application Document or furnished by or on behalf of the Authority relating to any of the matters referred to in Clause 2.5.1 above;

d) satisfied itself about all matters, things and information including matters referred to in Clause 2.5.1 hereinabove necessary and required for submitting an informed Application, execution of the Project in accordance with the Application Documents and performance of all of its obligations thereunder;

e) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of information provided in the Application Documents or ignorance of any of the matters referred to in Clause 2.5.1 hereinabove shall not be a basis for any claim for compensation, damages, extension of time for performance of its obligations, loss of profits etc. from the Authority, or a ground for termination of the Draft Agreement; and

f) agreed to be bound by the undertakings provided by it under and in terms hereof.

The Authority shall not be liable for any omission, mistake or error on the part of the Applicant in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to the Application Documents including the EOI or the Application Process, including any error or mistake therein or in any information or data given by the Authority.