11th floor, core-1, scope minar, laxmi nagar delhi- 110092tender.itiltd-india.com/delhi/tenders/dnit...

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Notice Inviting EoI for Supply of Cartridge ITI Limited 11 th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre Behind V3S Mall, Laxmi Nagar, Delhi-110092 ITI Limited 11 th Floor, Core-1, Scope Minar, Laxmi Nagar Delhi- 110092 www.itiltd-india.com “Priced” Expression of Interest for Supply of Cartridge for smart laser printer to End Customers EOI No.: ITI/RO-Delhi/BD/2016-17/05 Date: 17-02-2017 Signature & designation Document issuing officer ITI Limited Stamp of the company Signature of Bidder

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Page 1: 11th Floor, Core-1, Scope Minar, Laxmi Nagar Delhi- 110092tender.itiltd-india.com/DELHI/tenders/DNIT 07-02-2017.pdf · Notice Inviting EoI for Supply of Cartridge ITI Limited 11th

Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

ITI Limited 11th Floor, Core-1,

Scope Minar, Laxmi Nagar Delhi- 110092

www.itiltd-india.com

“Priced” Expression of Interest for Supply of Cartridge for smart laser printer to End Customers

EOI No.: ITI/RO-Delhi/BD/2016-17/05 Date: 17-02-2017

Signature & designation Document issuing officer ITI Limited Stamp of the company Signature of Bidder

Page 2: 11th Floor, Core-1, Scope Minar, Laxmi Nagar Delhi- 110092tender.itiltd-india.com/DELHI/tenders/DNIT 07-02-2017.pdf · Notice Inviting EoI for Supply of Cartridge ITI Limited 11th

Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

ITI Limited 11th Floor, Core-1,

Scope Minar, Laxmi Nagar Delhi- 110092

Ref: ITI/RO-Delhi/BD/2016-17/05 Date: 17-02-2017 Subject: Priced EOI for Supply of Cartridge for smart laser printer for End Customers. ITI Limited has contributed to 50% of the present national telecom network. With state-of-the-art manufacturing facilities spread across six locations and a countrywide network of marketing/service outlets, the company offers a complete range of telecom products and total solutions covering the whole spectrum of Switching, Transmission, Access and Subscriber Premises equipment.

The company is consolidating its diversification into Information and Communication Technology (ICT) along with software solutions to hone its competitive edge in the convergence market by deploying its rich telecom expertise and vast infrastructure. IT and Access products to provide complete customized solutions to various customers are some of the major initiatives taken by the company.

ITI invites sealed “Priced” Expressions of Interest (EOI) from reputed and experienced firms in order to select System Integrator/Business Associate for “Supply of Cartridge for smart laser printer” and related services to its customers on back to back condition for initial period of 6 months. In this tender proposals are invited for the Supply of Cartridge for smart laser printer for end Customer as per the requirement. Scope of the Work: To supply of Cartridge for smart laser printer for various end customers. End customers are Government Departments / PSUs/ Boards/ Corporations / Etc in India as per requirements.

Page 3: 11th Floor, Core-1, Scope Minar, Laxmi Nagar Delhi- 110092tender.itiltd-india.com/DELHI/tenders/DNIT 07-02-2017.pdf · Notice Inviting EoI for Supply of Cartridge ITI Limited 11th

Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

GENERAL TERMS AND CONDITIONS 1. The Bidder(s) are required not to impose their own terms and conditions to the bid and if submitted, it will not be considered as forming part of their bids. The decision of ITI shall be final, conclusive and binding on the Bidder(s).In a nutshell, the Conditional Bid or Bid with deviations will be summarily rejected.

2. Only those who qualify the eligibility conditions need submit the proposal. 3. The bidder is expected to go through the enclosed Document to have clarity on Scope of work and Specifications. The bidders are to quote only fully compliant solution. 4. The exact strategy to address and win the business opportunity would be shared / discussed with the best rated qualified bidder in due course of time. 5. The bidder is required to extend the requisite support during the evaluation by giving Technical Presentation /Demonstration /Arranging site visits (if required ) on “No-Cost No-commitment” basis. 6. The bidder may be required to study the existing system (If any) being used by the end-customer to assess the exact requirements and the Quantum of work on “No-commitment” basis (no commercial compensation would be given to the bidder either by ITI or the end-client for doing this exercise). 7. Any clarification issued by ITI in response to query raised by prospective bidders shall form an integral part of bid documents and it shall amount to an amendment of relevant clauses of the bid documents. 8. A clause-by-clause compliance statement to all Sections of the EoI document is to be submitted in the Technical Bid, demonstrating substantial responsiveness. A bid without clause-by-clause compliance statement to all the sections of the EoI document including the Technical Specifications, Commercial Conditions, Special Conditions and the Annexure shall not be considered for evaluation and shall be summarily rejected.

9. The bidder should study the document carefully to assess the work and Risk factors associated with such type of Business opportunities. 10. Please note that if any document/authorization letter/testimonies are found fabricated / fake, the bid will be declared as disqualified and EMD will be forfeited. This may also lead to the black-listing of the bidder.

Page 4: 11th Floor, Core-1, Scope Minar, Laxmi Nagar Delhi- 110092tender.itiltd-india.com/DELHI/tenders/DNIT 07-02-2017.pdf · Notice Inviting EoI for Supply of Cartridge ITI Limited 11th

Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

11. All the required documents to establish the bidder’s eligibility criteria should be enclosed with the original EoI (Technical-Bid) itself. The EoI will be evaluated on the basis of the documents enclosed with the original EoI only. ITI will not enter into any correspondence with the bidder to get these certificates/ document subsequently. However it reserves its right to get them validated/verified at its own.

12. Due to any breach of any condition by the bidder, the Bid Security (EMD) submitted by the bidder may be forfeited at any stage whenever it is noticed and ITI will not pay any damage to the bidder or the concerned person. The bidder or/and the person will also be debarred for further participation in future EoI/Tenders. 13. All suppliers (including small scale units who are registered with the National Small Scale Industries Corporation under Single point registration scheme) shall furnish Bid Security to the purchaser as per the requirement. As such no bidder is exempted to furnish the EMD. 14. The successful bidder’s bid security (EMD) will be discharged upon the bidder’s acceptance of ITI’s Order in due course of time and furnishing the Requisite Performance Security/Guarantee. Or Said EMD may be adjusted in the PBG / SD. 15. The bid security of the unsuccessful bidder will be returned/ discharged within 15 days of the opening of the Bids. 16. Suitable ‘Training’ would have to be imparted to ITI personnel at Bidder’s cost in the areas of Installation, day to day Maintenance and Operation of entire system (in the event of placement of order by ITI). The training of the personnel shall be to ensure trouble free operations of the System/Equipments by the end customer. 17. The bidder is required to enclose Notarized Copy of the Power of Attorney from its Directors/Top management which should indicate clearly the name of the signatory and title. Bidders must ensure that all the documents are sealed and signed by authorized signatory. 18. The Power of Attorney given to the Authorized Signatory should be submitted and executed on the non-judicial stamp paper of appropriate value as prevailing in the respective states(s) and the same be attested by a Notary public or registered before Sub-Registrar of the states(s) concerned. 19. The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the supplier’s failure to complete its obligations under the contract (if signed).The performance security Bond will be discharged by the

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Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

Purchaser after completion of the supplier’s performance obligations including any warranty obligations under the contract. 20. “DISCOUNT, if any, offered by the bidders shall not be considered unless specifically indicated in the price schedule. 21. The ‘Technical Bid’ and ‘Commercial Bid (as per Annexure-I)’ shall be placed in the separate sealed envelopes super scribed with words “Technical Bid” and “Commercial-Bid ” respectively mentioning EoI Reference clearly . 22. Both ‘Technical Bid’ and ‘Commercial bid’ are to be placed in a 3rd sealed Cover duly properly addressed mentioning EoI Reference and Date of Opening. 23. Sealed offer/EoI prepared in accordance with the procedures enumerated above should be submitted to the Tenderer not later than the date and time laid down, at the specified address. 24. The Technical Bids will be opened as per the schedule. The Bidder(s) or their authorized representatives may attend the Opening if they so desire. The Commercial Bids of only technically qualified Bidder(s) will be opened at a later date. The Bidder(s) who have been declared eligible after evaluation of the technical bids or their authorized representatives may attend the Opening. 25. ITI shall not be responsible for any postal delay about non-receipt / non-delivery of the bid/documents. This EoI Document is absolutely not transferable. 26. The bid submitted may be withdrawn or resubmitted before the expiry of the last date of submission by making a request in writing to ITI to this effect. No Bidder shall be allowed to withdraw the bid after the deadline for submission of the EoI. 27. It is further stressed that synergies between ITI's competitors with the bidder or cartel formation with other bidders would result in Disqualification of the Bidder. 28. ITI reserves the right to accept or reject any EoI/ Bid partially or fully or annul the bidding process and reject all bids at any time prior to award of contract without assigning any reason thereof and without incurring any liability to the respondents. ITI Limited also reserves the right to withdraw this EoI, should it be necessary at any stage.

Page 6: 11th Floor, Core-1, Scope Minar, Laxmi Nagar Delhi- 110092tender.itiltd-india.com/DELHI/tenders/DNIT 07-02-2017.pdf · Notice Inviting EoI for Supply of Cartridge ITI Limited 11th

Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

Technical Bid: 1. Eligibility of Bidder/ Supplier/ System Integrator: a. Bidder may be a company incorporated under the Indian Companies Act as per Government of India.

b. An Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Applicant found to have a Conflict of Interest shall be disqualified. An Applicant shall be deemed to have a Conflict of Interest affecting the Bidding Process, if: c. Bidder must have experience for Supply of Cartridge for smart laser printer. d. Bidder should have an average annual turnover of Rs. 10 lakhs in the past 3 years (2013-14, 2014-15 and 2015-16). e. Bidder should have a positive net worth for the last financial year. (To be certified by Auditor) f. Bidder should have ISO 9000 Certification. g. The bidder should not be blacklisted by any Government department/agencies. h. In case the Applicant is a Joint Venture/Consortium, it shall comply with the following

additional requirements:

(i) Number of members in a Joint Venture/consortium shall not exceed 2 (Two).

(ii) Subject to the provisions of clause above, the Bidder should contain the information required for each Member of the Joint Venture/ Consortium;

(iii) Members of the Joint Venture/ Consortium shall nominate one member as the lead member (the “Lead Member”). Lead Member with other members shall meet all Technical and Financial requirement jointly. The nomination(s) shall be supported by a Power of Attorney, signed by all the other Members of the Joint Venture / consortium; (iv)The Bidder should include a brief description of the roles and responsibilities of individual members, particularly with reference to financial, technical and defect liability obligations;

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Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

(v) An individual Bidder cannot at the same time be member of other Joint Venture /consortium applying for EoI. Further, a member of a particular Applicant Joint Venture /consortium cannot be member of any other Applicant Joint Venture/consortium applying for pre-qualification;

(vi)The Lead Member shall itself undertake and perform at least 50 (fifty) per cent of the work in terms of the value thereof;

(vii) A Members of a particular Joint Venture /consortium cannot be member of any other Joint Venture applying for EoI. Also, Individual member of the joint venture cannot be eligible to bid EoI as a bidder. (viii) Members of the joint venture / consortium shall have entered into a binding Joint Bidding / consortium Agreement, for the purpose of making the compliance of project. The joint Bidding Agreement, to be submitted along with the Bid. (ix) Convey the commitment(s) of the Lead Member in accordance with this Project, in case the contract to undertake the Project is awarded to the Joint Venture / consortium;

• Clearly outline the proposed roles and responsibilities, if any, of each member;

• Commit the approximate share of work to be undertaken by each member;

• Include a statement to the effect that all members of the Joint Venture / consortium shall be liable jointly and severally for all obligations of the Contractor in relation to the Project until the completion of the Project is achieved in accordance with the ITI Limited as well as end customer contract. and

(x) Except as provided under this Project and the Bidding Documents, there shall not be any amendment to the joint Bidding Agreement. (xi) Change in the composition of a Joint Venture / consortium will not be permitted by the

Authority after submission of bid and the Qualification Stage. (xii) Approval for change in the composition of a Joint Venture shall be at the sole

discretion of the Authority after short listing process completion and must be approved by the Authority in writing.

Page 8: 11th Floor, Core-1, Scope Minar, Laxmi Nagar Delhi- 110092tender.itiltd-india.com/DELHI/tenders/DNIT 07-02-2017.pdf · Notice Inviting EoI for Supply of Cartridge ITI Limited 11th

Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

i. Laser cartridge shall be tested for quality and quantity of printing from STQC as per ISO/IEC 19752:2004. j. Consistent Print Quality: Laser cartridge should give consistent print quality till the last print. A certificate from STQC shall be enclosed accordingly as per 19752:2004. k. Should be eco friendly: There shall be not harm to user who does refilling and no powder shall float in to the air l. Laser cartridge shall able to facilitate user easy refilling. There shall not be any ink wastage needn't to replace any chip and without any auxiliary tool. m. User can Refill own his instantly. No change of spares like Drum, Blades, Teflon, Roller Etc till entire usage. 2. Documents to be attached for Technical bid: a. EMD of Rs 20000/- in the form of DD in favour of ITI Limited payable at Delhi. b. Power of Attorney authorizing the person signing the bid for this EOI. c. Company Profile. d. Certificate of Incorporation. e. Audited financial statements for the last 3 years. (2013-14, 2014-15, 2015-16) f. Auditors certificate for net worth g. Supporting documents for all experience must be attached. h. Declaration on letter head that the bidder is not blacklisted. i. Copy of IT returns for last 3 years. j. Sales Tax Registration Certificate k. Service Tax Registration Certificate. l. Copy of PAN Card

Page 9: 11th Floor, Core-1, Scope Minar, Laxmi Nagar Delhi- 110092tender.itiltd-india.com/DELHI/tenders/DNIT 07-02-2017.pdf · Notice Inviting EoI for Supply of Cartridge ITI Limited 11th

Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

m. In case of Joint venture/consortium, required to deposit all the relevant documents as mentioned point 1(H). n. (i) Undertaking on letterhead to work with ITI as per Customer Requirement including Warranty & post-warranty services. n. (ii) The selected Business Associate/ Bidder should bear all the costs of the project like purchase of document, EMD, BG from nationalized bank etc. Business Associate will have to give EMD/ BG from nationalized bank etc to ITI Limited. This will be also applicable in the case of ITI Limited is exempted from submission of BG. The BG/ EMD should be as per customer terms and conditions. Undertaking on Letterhead to the effect is required o. Undertaking on letterhead to obtain relevant Statutory licenses for operational activities, wherever applicable. p. Undertaking on letter head for Willingness to sign MoU/Teaming Agreement with ITI. q. Clause by clause compliance of EOI terms with references to supporting documents. r. As per the requirement of the Customer / project / Central Vigilance Committee (CVC) Guidelines, the selected Business Associate agrees to modify / add required modules to their product. This should be taken up without charging ITI and satisfy the Tender conditions / customer / project requirements / Central Vigilance Committee (CVC) Guidelines. Undertaking on Letterhead to the effect is required. s. Integrity Pact duly signed by the bidder. t. Valid ISO 9001 certificate. u. STQC as per ISO/IEC 19752:2004. v. Valid CMMI level 3 certificate. w. ISO14000 Certification. 2. EMD/ BG/SD

Page 10: 11th Floor, Core-1, Scope Minar, Laxmi Nagar Delhi- 110092tender.itiltd-india.com/DELHI/tenders/DNIT 07-02-2017.pdf · Notice Inviting EoI for Supply of Cartridge ITI Limited 11th

Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

Selected Business Associates (Bidder/ System Implementation Agency/ System Integrator) has to submit requisite EMD/ SD/ BG to address the prospective business opportunities. 3. Financial Bid: Consolidated margin offered (scope of work as per customer tender) in percentage (%) on ITI billing value (excluding taxes) to be submitted separately in sealed cover. Margin will be net. Margin offered should be firm throughout the contract. Payment to the Business Associate/ successful bidder shall be made after deducting the offered margin and the statutory taxes payable to the Government. Penalties if any levied by the customer will be passed on to the successful bidder. Payment will be made only after receiving payment from the Customer. Undertaking on letter to be submitted indemnifies ITI from any Claims/ Penalties/ statuary charges / Legal Issues / Liquidated Damages / Legal Expenses etc. 4. Evaluation of Bid: a. A bid opening and evaluation committee will be formed with approval of competent authority. b. Committee will check all the eligibility and technical document. c. Financial bids will open of the technically qualified vendors. 5. Vendor who has quoted maximum net margin to ITI Limited will be awarded.

Rajesh Kumar Chief Manager-BD, ITI Limited

Page 11: 11th Floor, Core-1, Scope Minar, Laxmi Nagar Delhi- 110092tender.itiltd-india.com/DELHI/tenders/DNIT 07-02-2017.pdf · Notice Inviting EoI for Supply of Cartridge ITI Limited 11th

Notice Inviting EoI for

Supply of Cartridge

ITI Limited

11th Floor, Core-1, Scope Minar, Laxmi Nagar, District Centre

Behind V3S Mall, Laxmi Nagar, Delhi-110092

Terms and Conditions

1. If required ITI Limited will sign an Agreement with Vendor for 6 months. Agreement

can be extended further for 6 months based on the performance. 2. Offers which are incomplete in terms of scope, specification will not be considered. 3. Vendor will keep update Authentic Certificate for all the products time to time.

Sign with name & address of the Bidder. Note: The forwarding letter/ undertaking duly signed should invariably be returned along with Expression of Interest furnished failing, which the tender shall be rejected. Annexure-I: which is Commercial / Price- Schedule. This is not being attached with this EoI Notice. For the purpose of submitting the EoI, the Bidders will have to Purchase the ‘EoI Document’ against the prescribed cost of the Document.

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material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, 'organisation or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract.

1.2 The BUYER will during the pre-contract stage, treat all BIDDERs alike, and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERs.

1.3 All the officials of the BUYER will report to the appropriate Government

office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.

2 In case any such preceding misconduct on the part of such official(s) is reported

by the BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the BUYER the proceedings under the contract would not be stalled.

3 Commitments of BIDDER

3.1 The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following:-

a) The BIDDER 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 BUYER, connected directly or indirectly with the bidding process, or to any person, organisation or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract.

b) The BIDDER 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 BUYER or otherwise in procuring 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 Government for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the Government.

c) BIDDERs shall disclose the name and address of agents and representatives

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and Indian BIDDERs shall disclose their foreign principals or associates.

d) BIDDERs shall disclose the payments to be made by them to agents/ brokers or any other intermediary, in connection with this bid/contract.

e) The BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufacturer/ integrator and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such, intercession, facilitation or recommendation.

f) The BIDDER either while presenting the bid or during pre-contract negotiations or before signing the contract, shall 'disclose any payments he has made, is committed to or intends to make to officials of the BUYER 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.

g) The BIDDER will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.

h) The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.

i) The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the BUYER as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.

j) The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.

k) The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.

l) If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER's firm, the same shall be disclosed by the BIDDER at the time of filing of tender. The term 'relative' for this purpose would be as defined in Section 6 of the Companies Act

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1956.

m) The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the BUYER.

4 Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last three

years immediately before signing of this Integrity Pact, with any other company in any country in respect of any 'corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER's exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

5 Sanctions for Violations

5.1 Any breach of the aforesaid provisions by the BIDDER or anyone employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, wherever required:-

a) To immediately call off the pre contract negotiations without assigning any

reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.

b) To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.

c) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission.

d) To recover all sums paid in violation of this Pact by the BIDDER(s) to any middleman or agent or broker with a view to securing the contract.

5.2 The BUYER will be entitled to take all or any of the actions mentioned above, also

on the Commission by the BIDDER or anyone employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.

5.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent Monitor(s) appointed for

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the purposes of this Pact.

6 Independent Monitors

6.1 The BUYER appoints Independent Monitor (hereinafter referred to as Monitor) for this Pact in consultation with the Central Vigilance Commission.

6.2 The task of the Monitor shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact.

6.3 The Monitor shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently.

6.4 Both the parties accept that the Monitor have the right to access all the documents relating to the project/procurement, including minutes of meetings.

6.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the BUYER.

6.6 The BIDDER(s) accept(s) that the Monitor has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER with confidentiality.

6.7 The BUYER will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.

6.8 The Monitor will submit a written report to the designated Authority of BUYER within 8 to 10 weeks from the date of reference or intimation to him by the BUYER I BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.

7 Facilitation of Investigation

7.1 In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination.

8 Law and Place of Jurisdiction

8.1 This Pact is subject to Indian Law. The place of performance and jurisdiction is the

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seat of the BUYER.

9 Other Legal Actions

9.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

10 Validity

10.1 The validity of this Integrity Pact shall be from date of its signing and extend up to the contract period with the BUYER in case a contract is signed. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.

10.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.

11 The parties hereby sign this Integrity Pact. BUYER BIDDER Name of the Officer. CHIEF EXECUTIVE OFFICER Designation M/s …. (address) ITI Limited (address) Place: Place: Date: Date: Witness: 1. ……….. 1. ………… 2. ……….. 2. ………….