SERVICES STC

SPECIAL TERMS AND CONDITIONS (STC)

FOR BIOMEDICAL WASTE SERVICE

1. Preamble

A. All Waste Management Service contracts placed through GeM shall be governed by following set of Terms and Conditions:

1. General terms and conditions for Goods and Services.
2. Service STC contained in this document.
3. BID / Reverse Auction specific ATC

B. The above terms and conditions are in reverse order of precedence i.e. ATC supersedes Service specific STC which supersede GTC, whenever there are any conflicting provisions.

C. This document represents a Special Terms and Conditions (STC) and the Service Level Agreement (SLA) which shall govern the contract between the Buyer and Service Provider. The purpose of this document is to outline the scope of work, Stakeholder’s obligation and terms and conditions of all services covered as mutually understood by the stakeholders.

2. Objectives and Goal

The objective of this agreement is to ensure that all the contractual terms and conditions are in place to ensure consistent delivery of services to buyer by service provider. The goals of this agreement are to:

• Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
• Present a clear, concise and measurable description of services offered to the buyer
• Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
• To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons

The agreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same. The agreement can also be revised/ modified on mutual consent of the stakeholders.

3. Stakeholders

The main stakeholders associated with this agreement are:

a. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed

b. Service Provider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller supplier/ bidder/contractor, any authorized agents, assignees, successors and nominees as per the context and as described in the agreement

The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses payment terms and penalties in case of non-adherence to the defined terms and conditions. It is assumed that all stakeholders would have read and understood the same before signing the agreement.

4. Service Scope

Bio-medical waste – will comprise of waste which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biologicals. Though bio-medical waste could fall under the first child service, it’s proposed as a separate child service because of its distinct characteristics, different rules/regulations, different T&C and high demand due to COVID-19 situation.

• Collection – collections of biomedical waste that need to be recycled/disposed
• Transportation – transporting waste collected to the desired location
• Lifting – lifting the biomedical waste from the bins where they have been collected
• Treatment– treating waste disposal using methods like incineration
• Disposal – disposal of biomedical waste

Service Provider agrees and acknowledges that Buyer shall provide additional scope of work defining the course details, additional requirements can be defined by providing/ uploading SOW.

5. Special Terms & Conditions

1. Buyer to verify the logbook and record each of instances such as absence of GPS for monitoring of the movement of vehicles, delayed delivery of vehicle / manpower resource or littering of the garbage, etc to maintain cleanliness of the area.
2. Buyer shall check if supplier has provided the agreed quantity of vehicle / manpower as per the order, in case of shortage it should be reported.
3. It will be buyer’s responsibility to obtain licence or permission from the User Department wherever necessary required for dumping stations if any.
4. It is the responsibility of the buyer to familiarize themselves with physical location, approach road and travel time to each facility round the year. The State/ District Health Facility would have no role in extending any support on this count.
5. The seller shall be in possession/obtain/renew its authorisation, certificates and statutory clearances from the competent authorities to operate biomedical waste, as                                   a. required under the law, rules and notification and guidelines.
6. Seller shall ensure timely submission of Bio-Medical Waste Annual report to State Pollution Control Board (in states) & Pollution Control Committees (in UTs) as mandated under the Bio-Medical Waste rule 2016 and amendments if any.
7. Preservation and safe keeping of records and data on Bio-Medical waste generation, treatment & disposal for a period of five years from date of contract.
8. Service provider shall be responsible for operationalization, maintenance and upkeep of all equipment / machines installed at Common Bio-Medical Waste Treatment Facility as per law and regulations. The Operator would have provision of back-up for the critical equipment. In event of non-compliance to the Rules and Statute, the service provider shall be responsible for any legal penalty and consequences of thereof.
9. The service provider shall provide adequate training to the workers. The staff will be provided with personal protective equipment to ensure their Safety.
10. Service provider shall recruit / deploy its own adequate skilled manpower in adequate number and shall comply with the laws applicable to the recruitment, wages, minimum working hours, safety, cleanliness, insurance, gratuity, medical benefit, compensation, retrenchment benefit etc.
11. The timing of collection of waste should be mutually agreed by the parties
12. Service provider shall recruit / deploy its own adequate skilled manpower in adequate number and shall comply with the laws applicable to the recruitment, wages, minimum working hours, safety, cleanliness, insurance, gratuity, medical benefit, compensation, retrenchment benefit etc. The buyer has no responsibility direct or indirect in meeting such obligations.
13. The service provider shall bear the cost of operationalization including machinery, manpower, water, electricity supply and other taxes & duties as levied.
14. Under no circumstances, the premises of biomedical treatment facility shall be used for any other purpose other than stipulated in the authorisation.
15. Any pilferage/ damage to the Health Facility/buyer property due to mishandling, carelessness of the operator or his workmen will be recoverable from the service provider
16. Service Provider should have valid certifications like ISO 9001, Environmental Management Systems (ISO 14001) and Occupational Health & Safety Advisory Services (ISO 18001)
17. Service Provider should be a valid registered firm as per e-waste latest rules of Ministry of Environment & Forest/Central pollution board

COVID – 19 biomedical waste –

1. Biomedical waste if any generated from quarantine centers/camps should be collected separately in yellow bags (suitable for biomedical waste collection)
2. Workers shall be provided with adequate PPEs including three layer masks, splash proof aprons/gowns, nitrile gloves, gum boots and safety goggles
3. Use dedicated vehicle to collect COVID-19 ward waste. It is necessary to place separate label on such vehicles
4. COVID-19 waste should be disposed-off immediately upon receipt at biomedical treatment facility

Service provider shall maintain separate record for collection, treatment and disposal of COVID-19 waste

8.Payment Terms

Payment calculation would be as below:

Payment = Cost per kg of waste*Weight of waste collected in a month in kg*Contract Period/30

9. Breach of Contract and Penalties

(i) Breach of SLA is defined as performance lower than requisite performance in this agreement. The following conditions shall specify breach of contract and buyer shall have right to immediately terminate the contract.

a) Cumulative penalties reach 10% of the contract value.

b) Repeated breach of SLAs beyond 3 instances in the entire contractual period.

c) Subcontracting or outsourcing of the contract, in part or whole.

(ii) Penalties will be levied on the service provider, for the violation of Service Level Agreement of the contract as mentioned below:

• The cumulative penalties imposed by the buyer should not exceed 10% of the contract value.

10. Additional Terms & Conditions

Additional conditions which are optional in nature for this service in case buyers may further want to exercise their discretion are as following –

i. At the hour of need service provider should deploy adequate labour, vehicle, consumables and equipment’s as per the requirement of the buyer.

ii. The Service provider shall transport all the excess waste generated (during special occasions) by deploying adequate manpower and undertaking adequate trips, maintaining proper service quality