TENDER FOR ENGAGEMENT OF COURIER AGENCY FOR
Transcription
TENDER FOR ENGAGEMENT OF COURIER AGENCY FOR
IFCI LTD CORPORATE COMMUNICATIONS DEPARTMENT TENDER FOR ENGAGEMENT OF COURIER AGENCY FOR DISPATCH OF IFCI’S ANNUAL REPORTS 2014-15 LAST DATE FOR SUBMISSION OF BIDS : JUNE 29, 2015 upto 10:00 am 1 NOTICE INVITING SEALED QUOTATIONS FROM COURIER SERVICE AGENCIES FOR DISPATCH OF IFCI’S ANNUAL REPORTS IFCI Ltd invites sealed tenders from registered and reputed courier service agencies for dispatch of IFCI’s Annual Reports 2014-15. Only those agencies who fulfill prequalification criteria will be considered. PRE-QUALIFICATION CRITERIA: Sl. No. a) Criteria Minimum experience of providing courier services: 20 years (certificate of incorporation of Memorandum /Article of Association along with documentary proof to be enclosed). b) Network: Should have delivery services facility across India and abroad. c) Should be empanelled with/have executed job as Courier services provider for at least three PSUs/Nationalized Banks/other institutions during the past five financial years (Documentary Proof of empanelment/work order to be enclosed). d) Should have turnover of minimum Rs.10 crore for each year during last three financial year (balance sheet to be attached of FY 2011-12, 2012-13 & 2013-14). e) Should have its own website with online tracking facility for tracking the delivery status of annual reports/consignment. f) Should be able to provide 24X7 customer service helpline and support (Details to be furnished in company letter head). 2. Tender form can be downloaded from our website: www.ifciltd.com. Duly completed tender in sealed cover superscribed “QUOTATIONS FOR COURIER SERVICE AGENCIES FOR DISPATCH OF IFCI’S ANNUAL REPORTS (FY 2014-15) “ should be submitted to Shri Vijay Pal, General Manager, Corporate Communications Department, IFCI Tower, 61 Nehru Place, New Delhi-110019 on or before 10:00 am on June 29, 2015. A tender box has been kept at Ground Floor at the address mentioned above. Technical bids will be opened in the office of IFCI Ltd, 61 Nehru Place, New Delhi-19 on June 29, 2015 at 11:00 am. 3. IFCI reserves the right to accept or reject any/all the bids without assigning any reason whatsoever. 2 QUOTATIONS FROM COURIER SERVICE AGENCIES FOR DISPATCH OF ANNUAL REPORT FOR FY 2014-15 Ref: Advertisement dated We wish to introduce ourselves as courier agencies and request you to consider our quotation for providing courier services for dispatch of Annual Report for FY 2014-15. your office. We furnish hereby the required information about our firm/company and business: 1. a) Name of the firm/company and full addresses of Head Office and branch/office in Delhi: Name: Address: b) Telephone No./Mobile No.: c) Date of establishment: e) E‐mail id of the firm: 2. a) Registration and License Number: (Please provide relevant document) b) Full name/s and addresses of Proprietor/ Partners/Directors: 3. Name and addresses of branches/associates of the firm/company: a) b) c) (Separate list may be enclosed in case the space provided is not sufficient) 4. Details of the Representative, who will deal with IFCI: Name Designation Tel/Mob: Email: 3 5. Annual Turnover of last three years (Rs.10 crore) 2011‐12 2012‐13 ‐ 2013‐14 (Attach annual audited balance sheet of FY 2011-12, 2012-13 & 2013-14) 6. EMD by way of DD/Pay Order No…………………..Dated……………………drawn on……………………. 7. Number of Offices/outlets throughout India: (Attach a list) 8. The details of at least three contracts which the firm/ company had/has with Other Banks/Public Sector undertakings/ other Institution for courier services in the preceding five financial years i.e. from FY 2009‐10 to FY 2013‐14. (Please provide name of the entity, period and value of the contract, Volume (Nos.) of the annual reports dispatched, geographical coverage of the entities) 9. Other information, if any: (Please attach sheets, if necessary) Note: In the event of any dispute or any other issue, the legal proceedings will be at Delhi only. 4 DECLARATION OF THE APPLICANT We hereby confirm that the information furnished herein above is true to the best of our knowledge and belief. You are free to call for confidential opinion from any one as also from our client as you deem fit. We also certify that, we have understood all the terms and conditions indicated in the tender document and hereby accept the same. Yours faithfully, Authorized signatory Name Place: Date: Documents required in Part I: i) Tender Document duly filled in ii) Earnest Money Deposit ii) Supporting documents in respect of qualification criteria as mentioned in the tender documents. iii) Terms and conditions duly signed on each page iv) Sealed Cover/s containing Part II - Price Bid. 5 To The General Manager Corporate Communications IFCI Ltd IFCI Tower 61 Nehru Place New Delhi-110019 Dear Sir QUOTATION FROM COURIER SERVICE AGENCIES FOR DISPATCH OF ANNUL REPORT OF IFCI FOR FY 2014-15 Having examined the conditions specified in the memorandum herein set out and acquired the requisite information relating thereto as affecting the tender, we hereby offer to provide courier services specified in the tender document in accordance with such conditions as may be applicable. Description of work To dispatch annual reports of IFCI with in India and nominal quantity to abroad. To be Picked up from printers location. Estimated quantity Around 3.93 lakh (tentative) Tenure Ten days 2. Should this tender be accepted, we hereby agree to abide by and fulfil all the terms and conditions of the said Contract. 6 Part-II PRICE BID FOR COURIER SERVICE i. Name and address of the Courier Service Provider:-----------------------------------------------------------------------------------weight of Annual Report (FY 2014-15) between 150 gm to 200 gm S.No. Destination Rate ( Rs.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 DELHI DELHI (NCR) CHANDIGARH LUCKNOW JAIPUR AHMEDABAD MUMBAI PANAJI PUNE BHOPAL HYDERABAD BANGALORE CHENNAI KOCHI KOLKATA BHUBANESWAR GUWAHATI PATNA Rest of India Note: 1. L-1 will be determined on the basis of the rates quoted for the slab mentioned above. 2. Certified that: b) Above offer is valid for 6 months from the last date of submission of the quotations. Signature of the Authorised signatory Name of the Firm……………… Place:………………………… Date:…………….…………… Address……………………… (with rubber stamp of the firm) 7 Quotation for dispatch of Annual Report for FY 2014-15 through courier service providers Terms and Conditions of the contract Sealed tenders are invited from reputed courier agencies/ firms with relevant experience and having wide network and necessary infrastructure across the country for engagement of courier service agency for dispatch of IFCI’s Annual Report 201415 within India and vary few copies in abroad. 1. Pre‐Qualification criteria: Sl. No. Criteria a) Minimum experience of providing courier services: 20 years (certificate of incorporation of Memorandum /Article of Association along with documentary proof to be enclosed). b) Network: Should have delivery services facility across India and abroad c) Should be empanelled with/have executed job as Courier services provider for at least three PSUs/Nationalized Banks/other institutions during the past five financial years (Documentary Proof of empanelment/work order to be enclosed) d) Should have turnover of minimum Rs.10 crore for each year during last three financial year (Attach balance sheet of FY 2011-12, 2012-13 and 2013-14) duly signed by Statutory Auditors. e) Should have its own website with online tracking facility for tracking the delivery status of annual report f) Should be able to provide 24X7 customer service helpline and support (Details to be furnished in company letter head) 2. Procedure for tenders: The tenders for the courier services will be submitted in two parts i.e. a) Technical Bid ‐ Part‐I – This will contain the IFCI’s terms and conditions for dispatch (Rates of dispatch shall not appear anywhere in this part) with tenders’ covering letter. b) All the columns in the proforma should be duly filled in and supporting documents, audited balance sheet, proof of date of commencement of Business, Photostat copies of the job award letters from at least three customers being provided Courier services along with list of such customers etc. Each page of the tender document including attachments should be duly signed by the authorized signatory (who has signed the Bid), and enclosed with the Technical Bid in token of bidder’s confirmation to accept the terms and conditions and other provisions contained in it. The bid is to be sealed in one cover, superscribed “Part‐I Quotations for dispatch of Annual Reports 2014-15” alongwith earnest money deposit as mentioned at e) at page 9 (to be kept in separate envelope). Incomplete Bid shall not be considered and will be summarily rejected. 8 c) Price Bid ‐ Part‐II – This will contain only rates in Indian Rupees in figures and should be sealed in a separate cover, superscribed “Part‐II Quotation for dispatch of Annual Report for FY 2014-15”. No other enclosure is permitted in Part II. Change in the terms and conditions and technical deviations, if any, found in Part II of the tender will not be taken into account and will be treated as null and void. Any information and enclosure other than prices against the centers appearing in Part II shall not be considered for evaluation. d) Part I and Part II in separate sealed covers, will further be sealed in another envelope addressed to Shri Vijay Pal, General Manager, 17th Floor, IFCI Tower, 61 Nehru Place, New Delhi-110019 and delivered by 10:00 a.m. on or before June 29, 2015. A box has been kept on the Ground Floor at the address mentioned above for this purpose. e) The earnest money deposit (EMD) of Rs.3.00 lakh (Rupees three lakh only) should accompany with the Technical bid document inside a signle envelope. The EMD shall be paid in the form of Demand Draft/Banker’s Cheque from a Nationalized bank/Scheduled commercial bank in favor of “IFCI Ltd” payable at New Delhi. Such EMD shall not carry any interest. Any bid not accompanied by requisite EMD shall be deemed to be invalid and will be rejected by IFCI. The EMD shall be forfeited: i) If the successful bidder withdraws his bid during the period of bid validity and after confirmation of the bid in his favour or any of the participating bidder withdraws from the bidding process before the confirmation of the bid in his favour. ii) In the case of successful bidder, if he fails to furnish the required Performance Guarantee within the specified time limit. f) In case the successful bidder fails to accept Letter of Acceptance within the stipulated period mentioned in letter of award, besides forfeiting of EMD, the bidder shall not be considered for participation in the bidding process for next three years. g) The EMD of successful bidder shall be retained towards making of the security for the performance of the contract and shall only be discharged after submission of the required Performance Guarantee. h) The bid shall remain valid for a period of 6 months from the date of opening of the bid. The tenderer must use only the form downloaded from our website. The tender form must be filled in English. No request for any change in terms and conditions after the opening of the part II tender will be entertained. The rates quoted shall be binding without any escalation whatsoever till six months. 3.1 EMD of successful bidder shall be discharged after receipt and acceptance of the Performance Guarantee towards full Security Deposit in the valid format. EMD of unsuccessful bidders shall be discharged after award of work to the successful bidder. 9 3.2 The performance guarantee provided by the successful bidder may be in the form of a bank guarantee from a Nationalized bank/Scheduled commercial bank in favour of IFCI Ltd, payable at New Delhi (as per format given in Annexure-I) and should be valid for the period of contract from the date of issue. 4. CONCILIATION/ARBITRATION: 4.1 If any dispute(s) or difference(s) of any kind whatsoever arise between the Parties, the Parties hereto shall negotiate with a view to its amicable resolution and settlement through a committee appointed by IFCI. 4.2 In the event of no amicable resolution or settlement is reached between the parties within 30 days after receipt of notice by one party, then the disputes or differences detailed above, shall be referred to and settled by the Sole Arbitrator to be appointed by IFCI. 4.3 Notwithstanding the existence or any dispute or differences and/or reference for the arbitration, the Contractor shall proceed with and continue without hindrance the performance of the work under the contract with due diligence expedition in a professional manner and the payment due to the Contractor shall not be withheld on account of such difference of arbitration proceedings unless such payment is a subject matter of the arbitration. 4.4 The arbitration proceedings shall be in accordance with the prevailing Arbitration and Conciliation Act, 1996 and Laws of India as amended or enacted from time to time. 4.5 The venue of the arbitration shall be New Delhi, India. The fee & other charges of Arbitrator shall be determined by the arbitrator in terms of the Act and shall be shared equally between the parties. 4.6 The arbitrator will give the speaking and the reasoned Award. The parties will not be entitled to any pendente-lite interest during arbitration proceedings. 5. Schedule of opening of tenders Part I of the tender will be opened at 11:00 am on June 29, 2015 in the presence of the authorized representative of the tenderers who choose to be present. Price bid (Part II) of only such of those tenderers, who are found eligible after scrutiny of their Part I of the tender, will be opened in due course which will intimated to all the eligible tenderers. 6. Terms of Payment On completion of entire dispatch payment will be made within 60 days from date of completion of dispatch. 7 .Duties and Responsibilities of the Courier Service Provider Labelling of address on the annual reports will be done by the printer in co-ordination with the courier agency. 10 The Authorized representative of Courier agency will collect annual reports from printing press daily on all working days and also on holidays. The annual reports given by IFCI to the Courier Service Provider should be delivered with utmost safety and security. The Agency should take utmost care not to leak/divulge any information of the addressee or the contents of the annual reports so dispatched to any third party. In case of any occurrence of damage, theft, pilferage in transit, the responsibility shall be that of the Courier Service Provider. The cost of the material and loss of time shall be recovered from them. FORCE MAJEURE: Neither party shall be liable for any delay in performing obligations or for failure to perform obligations if the delay or failure results from any of the following (whether happening in India or elsewhere) FORCE MAJEURE, Act of God or any governmental Act, fire, earthquake, explosion, accident, industrial dispute, civil commotion or anything beyond the control of either party. The parties hereto shall make all reasonable endeavors to minimize any such delay. Upon cessation of the event giving rise to the delay, the parties shall, in so far as may be practicable under the circumstances, complete performance of their respective obligations as described in these terms and conditions. 8. The courier agency will ensure that all the annual reports are delivered to the recipient(s) to whom it is meant for and in no case is delivered to anybody other than the intended recipient(s). The courier agency will arrange to deliver the annual report within 24 hours in all major cities which are connected by Air and within 48 hours for other cities. 9. The successful bidder shall furnish bank guarantee of 10% of the total contract value (Annexure-I). 10. The Courier agency will furnish proof of delivery. 11. The Courier agency will return the undelivered annual reports within two weeks to IFCI. 12. The quantities mentioned in the financial offer are tentative for evaluation of tender only. Actual quantities may vary. 13. The offer should be valid for a minimum period of six months from the date of opening of financial bid. 14. The agency shall be solely responsible for compliance with the provisions of all central and state laws, various taxes (Income tax, sales tax, service tax, etc.), labor and industrial laws, such as minimum wages, compensation, EPF, Bonus, Gratuity, etc. relating to persons deployed for providing services to RBI. 15. Assignment The whole dispatch the works included in the contract shall be executed by the bidder and the bidder shall not directly or indirectly transfer, assign or sublet the contract or any part, share or interest therein without written consent of IFCI. Notwithstanding the above, the decision of IFCI to grant such permission shall be final and binding on the bidder. 11 16. Miscellaneous: i. Interested tenderers can attend tender opening process. ii. All pages of the bid including all enclosures should be numbered (except printed leaflets/catalogue) and must be duly filled in, signed and stamped by the bidder or his authorized representative. Offers received without signature and seal on all pages are liable to be rejected. iii. Bidders are requested to see our website www.ifciltd.com regularly before due date of submission for changes if any which may be uploaded subsequently in respect of this tender. iv. The courier agency will have to enter an Integrity Pact, as proforma enclosed at Annexure –II. v. The courier agency will also undertake to be present alongwith proof of delivery data at the time/venue of Annual General Meeting. vi. IFCI reserves the right to reject any or all the bids without assigning any reason thereof and also reserves the right to reissue tender if required. XXX 12 Annexure-I Proforma towards Bank Guarantee Ref. No…………………………………. Bank Guarantee No……………………… Dated……………………………………… To IFCI Limited Dear Sirs, In consideration of IFCI Ltd, IFCI Tower, 61 Nehru Place, New Delhi-110019 (hereinafter called the "IFCI" which expression shall unless repugnant to the subject or context include its successors and assigns) having entered into an agreement dated_____________ (hereinafter called 'the Contract' which expression shall include all the amendments thereto) with M/s_________________________________ having its registered/head office at_________________ _______________________________(hereinafter referred to as the 'Contractor') which expression shall, unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assignees) and IFCI having agreed that the Contractor shall furnish to IFCI a performance guarantee for Indian Rupees _________________________for the faithful performance of the entire contract. 2. We (name of the bank) ______________________________________ registered under the_____________________________________________________________having head/registered office at _______________________________________ and one of its branch at _______________________________________________________(hereinafterreferred to as "the Bank", which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and permitted assignees) do hereby guarantee and undertake to pay immediately on first demand in writing any/all moneys to the extent of Indian Rs.________________________ (in figures) ______________________ [Indian Rupees/(in words)___________________ __________________________________ ] without any demur, reservation, contest or protest and/or without any reference to the Contractor. Any such demand made by IFCI on the Bank by serving a written notice shall be conclusive and binding, without any proof, on the bank as regards the amount due and payable, notwithstanding any dispute(s) pending before any Court, Tribunal, Arbitrator or any other authority and/or any other matter or thing whatsoever, as liability under these presents being absolute and unequivocal. We agree that the guarantee herein contained shall be irrevocable and shall continue to be enforceable until it is discharged by IFCI in writing. This guarantee shall not be determined, discharged or affected by the liquidation, winding up, dissolution or insolvency of the Contractor and shall remain valid, binding and operative against the bank. 3. The Bank also agrees that IFCI at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance, without proceeding against the Contractor and notwithstanding any security or other guarantee that IFCI may have in relation to the Contractor's liabilities. 4. The Bank further agrees that IFCI shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to extend time of performance by the said Contractor from time to time or to postpone for any time or from time to time exercise of any of the powers vested in IFCI against the said Contractor and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by Please sign on each page 13 18 reason of any such variation, or extension being granted to the said Contractor or for any forbearance, act or omission on the part of IFCI or any indulgence by IFCI to the said Contractor or any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 5. The Bank further agrees that the Guarantee herein contained shall remain in full force during the entire period that is taken for the performance of the contract and all dues of IFCI under or by virtue of this contract have been fully paid and its claim satisfied or discharged or till IFCI discharges this guarantee in writing, whichever is earlier. 6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of IFCI or that of the Contractor. 7. The Bank also agrees that this guarantee shall be governed and construed in accordance with Indian Laws and subject to the exclusive jurisdiction of Courts in Delhi. 8. Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to Indian Rs.(in figures)________________Indian Rupees/(in words) [_________________________ ] and our guarantee shall remain in force until 31.10.2015. In case of any delay in delivery, Performance Guarantee will be suitably extended. Any claim under this Guarantee must be received by us before the expiry of this Bank Guarantee. If no such claim has been received by us by the said date, the rights of IFCI under this Guarantee will cease. However, if such a claim has been received by us within the said date, all the rights of IFCI under this Guarantee shall be valid and shall not cease until we have satisfied that claim. In witness whereof, the Bank through its authorized officer has set its hand and stamp on this…………………..day of 2015 at ........................... . WITNESS NO. 1 _________________________ ________________________ (Signature) Full name and official address (in legible letters) (Signature) Full name, Designation and Address (in legible letters) with Bank stamp Attorney as per Power of Attorney No.___________Dated ________ WITNESS NO. 2 ____________________ (Signature) Full Name and Official Address (in legible letters) Please sign on each page 14 19 Annexure – II INTEGRITY PACT (To be executed on plain paper and submitted along with Technical Bid for Tenders having a value of Rs.25 Lakh or more. To be signed by the same signatory competent/ authorized to sign the relevant contract on behalf of IFCI Ltd.) (____________________Name of the Department / Offices) Tender No. CCD/AR 2014-15/02 for dispatch of Annual Reports 2014-15 This pre-bid pre-contract Integrity Pact (Agreement) (hereinafter called the Integrity Pact) (IP) is made on ______ day of the ___________ 2015, between, on one hand, IFCI Ltd., a company incorporate under Company Act, 1956, with its Registered Office at IFCI Tower, 61, Nehru Place, New Delhi – 110 019, acting through its authorized officer, (hereinafter called Principal), which expression shall mean and include unless the context otherwise requires, his successors in office and assigns) of the First Part And M/s. _______________________________ represented by Shri ______________________________________________ (i.e. Vendors / Bidders hereinafter called the `Counter Party’ ) which expression shall mean and include , unless the context otherwise requires, his successors and permitted assigns) of the Second Part. AND WHEREAS the PRINCIPAL/Owner values full compliance with all relevant laws of the land, rules, regulations economic use of resources and of fairness / transparency in its relation with Bidder(s) /Contractor(s) / Counter Party(ies). AND WHEREAS, in order to achieve these goals, the Principal / Owner has appointed Independent External Monitors(IEM) to monitor the Tender process and the execution of the Contract for compliance with the principles as laid down in this Agreement. WHEREAS THE Principal proposes to procure the Goods / services and Counter Party is willing to supply/has promised to supply the goods OR to offer/ has offered the services and WHEREAS the Counter Party is a private Company / Public Company / Government Undertaking / Partnership, constituted in accorded with the relevant law in the matter and the Principal is a Government controlled Company performing its functions as a registered Public Financial Institution regulated by RBI in terms of NBFC-ND-SI. NOW THEREFORE, To avoid all forms of corruption by following a system that is fair, transparent and free from any influence prejudiced dealings prior to, during and subsequent to the tenor of the contract to be entered into with a view to “Enabling the PRINCIPAL to obtain the desired goods / services at competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling the Counter Party to abstain from bribing or indulging in any type of corrupt practice in order to secure the contract by providing assurance to them that their competitors will also 15 abstain from bribing and other corrupt practices and the PRINCIPAL will commit to prevent corruption, in any form, by its officials by following transparent procedures. The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:I. Commitment of the Principal / Owner 1. The Principal Owner commits itself to take all measures necessary to prevent corruption and to observe the following principles :a) No employee of the Principal / Owner, personally or through any of his / her family members, will in connection with the Tender or the execution of the contract, procurement or services / goods, demand, take a promise for or accept for self or third person, any material or immaterial benefit which the person not legally entitled to. b) The Principal / Owner will, during the Tender Process treat all Bidder(s)/Counter Party(ies) with equity and reason. The Principal / Owner will, in particular, before and during the Tender Process, provide to all Bidder(s) / Counter Party (ies) the same information and will not provide to any Bidder(s)/Counter Party (ies) confidential / additional information through which the Bidder(s)/Counter Party (ies) could obtain an advantage in relation to the Tender Process or the Contract execution. c) The Principal / Owner shall endeavor to exclude from the Tender process any person, whose conduct in the past been of biased nature. 2. If the Principal / Owner obtains information on the conduct of any of its employees which is a criminal offence under the Indian Penal Code (IPC) / Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles herein mentioned or if there is a substantive suspicion in this regard, the Principal / Owner / IFCI will inform the Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its internal laid down policies and procedures. II. Commitments of Counter Parties 1. The Counter Party commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of bid or during any precontract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following. Counter Party (ies) / Bidders commits himself to observe these principles during participation in the Tender Process and during the Contract execution. 2. The Counter Party will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the PRINCIPAL, connected directly or indirectly with the bidding process, or to any person organization or third party 16 related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract. 3. The Counter Party further undertakes that it has not given, offered or promised to give directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Principal / IFCI or otherwise in procurement the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Principal / IFCI for forbearing to show favour or disfavor to any persion in relation to the contract or any other contract with the Principal / IFCI. 4. Bidder / Counter Party shall disclose the name and address of agents and representatives, if any, handling the procurement / service contract . 5. Bidder / Counter Party shall disclose the payments to be made by them to agents / brokers; or any other intermediary if any, in connection with the bid / contract. 6. The Bidder / Counter Party has to further confirms and declares to the Principal / IFCI that the Bidder / Counter Party is the original integrator and has not engaged any other individual or firm or company, whether Indian or foreign to intercede, facilitate or in any way to recommend to Principal / IFCI or any of its functionaries whether officially or unofficially to the award of the contract to the Bidder / Counter Party nor has any amount been paid, promised or intended to the be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation. 7. The Bidder / Counter Party has to submit a Declaration along with Technical Bid, as given at Annexure II. If bids are invited through a Consultant a Declaration has to be submitted along with the Technical Bids as given at Annexure III. 8. The Bidder / Counter Party, either while presenting the bid or during pre- contract negotiation or before signing the contract shall disclose any payments made, is committed to or intends to make to officials of IFCI/Principal, or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments. 9. The Bidder / Counter Party will not collude with other parties interested in the contract to impair the transparency, fairness and progress of bidding process, bid evaluation, contracting and implementation of the Contract. 10. The Bidder / Counter Party shall not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities. 11. The Bidder shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the Principal / IFCI as part of the business 17 relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The Bidder / Counter Party also undertakes to exercise due and adequate care lest any such information is divulged. 12. The Bidder / Counter Party commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts. 13. The Bidder / Counter Party shall not instigate to cause to instigate any third person including their competitor(s) of bidding to commit any of the actions mentioned above. 14. If the Bidder / Counter Party or any employee of the Bidder or any person acting on behalf of the Bidder / Counter Party, either directly or indirectly, is a relative of any of the officials / employees of Principal / IFCI, or alternatively, if any relative of an officials / employees of Principal / IFCI has financial interest / stake in the Bidder’s / Counter Party firm, the same shall be disclosed by the Bidder / Counter Party at the time of filing of tender. 15. The term `relative’ for this purpose would be as defined in Section 2 Sub Section 77 of the Companies Act, 2013. 16. The Bidder / Counter Party shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employees / officials of the Principal / IFCI. 17. The Bidder / Counter Party declares that no previous transgression occurred in the last three years immediately before signing of this IP, with any other Company / Firm/ PSU/ Departments in respect of any corrupt practices envisaged hereunder that could justify Bidder / Counter Party exclusion from the Tender Process. 18. The Bidder / Counter Party agrees that if it makes incorrect statement on this subject, Bidder / Counter Party can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason. III. Disqualification from Tender Process and exclusion from Future Contracts 1. If the Bidder(s) / Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article II above or in any other form, such as to put his reliability or credibility in question, the Principal / IFCI is entitled to disqualify the Bidder / Counter Party / Contractor from the Tender Process or terminate the Contract, if already executed or exclude the Bidder / Counter Party / Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by Principal / IFCI. Such exclusion may be for a period of 1 year to 3 years as per the procedure prescribed in guidelines of the Principal / IFCI. 2. The Bidder / Contractor / Counter Party accepts and undertake to respect and uphold the Principal / IFCI’s absolute right to resort to and impose such exclusion. 18 3. Apart from the above, the Principal / IFCI may take action for banning of business dealings / holiday listing of the Bidder / Counter Party / Contractor as deemed fit by the Principal / Owner / IFCI. 4. The Bidder / Contractor / Counter Party can prove that it has resorted / recouped the damage caused and has installed a suitable corruption prevention system, the Principal / Owner/IFCI may at its own discretion, as per laid down organizational procedure, revoke the exclusion prematurely. IV. Consequences of Breach Without prejudice to any rights that may be available to the Principal / IFCI / Owner under Law or the Contract or its established policies and laid down procedure, the Principal / IFCI / Owner shall have the following rights in case of breach of this Integrity Pact by the Bidder / Contractor(s) / Counter Party:1. Forfeiture of EMD / Security Deposit : If the Principal / IFCI / Owner has disqualified the Bidder(s)/Counter Party(ies) from the Tender Process prior to the award of the Contract or terminated the Contract or has accrued the right to terminate the Contract according the Article III, the Principal / IFCI / Owner apart from exercising any legal rights that may have accrued to the Principal / IFCI / Owner, may in its considered opinion forfeit the Earnest Money Deposit / Bid Security amount of the Bidder / Contractor / Counter Party. 2. Criminal Liability : If the Principal / Owner / IFCI obtains knowledge of conduct of a Bidder / Counter Party / Contractor, or of an employee of a representative or an associate of a Bidder / Counter Party / Contractor which constitute corruption within the meaning of PC Act, or if the Principal / Owner / IFCI has substantive suspicion in this regard, the Principal / IFCI / Owner will inform the same to the Chief Vigilance Officer. V. Equal Treatment of all Bidders/Contractors / Subcontractors / Counter Parties 1. The Bidder(s) / Contractor(s) / Counter Party (ies) undertake (s) to demand from all subcontractors a commitment in conformity with this Integrity Pact. The Bidder / Contractor / Counter-Party shall be responsible for any violation(s) of the principles laid down in this Agreement / Pact by any of its sub-contractors / sub-vendors. 2. The Principal / IFCI / Owner will enter into Pacts on identical terms as this one with all Bidders / Counterparties and Contractors. 3. The Principal / IFCI / Owner will disqualify Bidders / Counter Parties / Contractors who do not submit, the duly signed Pact, between the Principal / Owner / IFCI and the Bidder/Counter Parties, along with the Tender or violate its provisions at any stage of the Tender process, from the Tender process. 19 VI. Independent External Monitor (IEM) 1. The Principal / Owner / IFCI has appointed competent and credible Independent External Monitor (s) (IEM) for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this Integrity Pact. 2. The IEM is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chief Executive Officer and Managing Director, IFCI Ltd. 3. The Bidder(s)/Contractor(s) / Counter Party(ies) accepts that the IEM has the right to access without restriction, to all Tender documentation related papers / files of the Principal / IFCI / Owner including that provided by the Contractor(s) / Bidder / Counter Party. The Counter Party / Bidder / Contractor will also grant the IEM, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his or any of his Sub-Contractor’s Tender Documentation / papers / files. The IEM is under contractual obligation to treat the information and documents of the Bidder(s) / Contractor(s) / Sub-Contractors / Counter Party(ies) with confidentiality. 4. In case of tenders having value of 5 crore or more, the Principal / IFCI / Owner will provide the IEM sufficient information about all the meetings among the parties related to the Contract/Tender and shall keep the IEM apprised of all the developments in the Tender Process. 5. As soon the IEM notices, or believes to notice, a violation of this Pact, he will so inform the Management of the Principal / Owner / IFCI and request the Management to discontinue or take corrective action, or to take other relevant action. The IEM can in this regard submit non-binding recommendations. Beyond this, the IEM has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 6. The IEM will submit a written report to the CEO&MD, IFCI Ltd. within 6 to 8 weeks from the date of reference or intimation to him by the Principal / Owner / IFCI and should the occasion arise, submit proposals for correcting problematic situations. 7. If the IEM has reported to the CEO&MD, IFCI Ltd. a substantiated suspicion of an offence under the relevant IPC/PC Act, and the CEO&MD, IFCI Ltd. has not within reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the IEM may also transmit the information directly to the Central Vigilance Commissioner. 8. The word `IEM’ would include both singular and plural. 20 VII. Duration of the Integrity Pact (IP) This IP begins when both the parties have legally signed it. It expires for the Counter Party / Contractor / Bidder, 12 months after the completion of work under the Contract, or till continuation of defect liability period, whichever is more and for all other Bidders, till the Contract has been awarded. If any claim is made / lodged during the time, the same shall be binding and continue to be valid despite the lapse of this Integrity Pact as specified above, unless it is discharged / determined by the CEO&MD, IFCI Ltd. VIII. Other Provisions 1. This IP is subject to Indian Law, place of performance and jurisdiction is the Head Office / Regional Offices of the IFCI/Principal / Owner who has floated the Tender. 2. Changes and supplements in any Procurement / Services Contract / Tender need to be made in writing. Change and supplement in IP need to be made in writing. 3. If the Contractor is a partnership or a consortium, this IP must be signed by all the partners and consortium members. In case of a Company, the IP must be signed by a representative duly authorized by Board resolution. 4. Should one or several provisions of this IP turn out to be invalid; the remainder of this Pact remains valid. In this case, the parties will strive to come to an agreement to their original intentions. 5. Any dispute or difference arising between the parties with regard to the terms of this Agreement / Pact, any action taken by the Principal / Owner / IFCI in accordance with this Agreement / Pact or interpretation thereof shall not be subject to arbitration. IX. Legal and Prior Rights All rights and remedies of the parties hereto shall be in addition to all the other legal rights and remedies belonging to such parties under the Contract and / or law and the same shall be deemed to be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of brevity, both the Parties agrees that this Pact will have precedence over the Tender / Contract documents with regard to any of the provisions covered under this Integrity Pact. IN WITHNESS WHEREOF the parties have signed and executed this Integrity Pact (IP) at the place and date first above mentioned in the presence of the following witnesses:- -------------------------------------------(For and on behalf of Principal / Owner / IFCI Ltd.) 21 ------------------------------------------(For and on behalf of Bidder / Counter Party / Contractor) WITNESSES : 1._______________________________________(Signature, name and address) 2.________________________________________(Signature, name and address) Note : In case of Purchase Orders wherein formal agreements are not signed references to witnesses may be deleted from the past part of the Agreement. 22