(2) If the Employer obtains information on the conduct of

any of its employees which is a criminal offence under the

IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Employer will inform
the Chief Vigilance Officer and in addition
can initiate disciplinary actions as per its internal laid
down Rules/Regulations.

Article-2: Commitments of the Bidder(s) /

Contractor(s) / Concessionaires) / Consultant(s)

The Bidder(s)/ Contractor(s)/Concessionaire

(s)/Consultant(s) commit himself to take all measures
necessary to prevent corruption. He commits himself
to observe the following principles during his participation
in the tender process and during the contract execution.

a) The Bidder(s)/Contractor(s) /Concessionaire

(s)/Consultant(s) will not, directly or through any
other person or firm, offer, promise or give to any
of the Employer’s employees involved in the tender
process or the execution of the contract or to any
third person any material or other benefit which
lie/she is not legally entitled to, in order to obtain
in exchange any advantage of any kind whatsoever
during the tender process or during the execution of
the contract.

b) The Bidder(s)/Contractor(s) /Concessionaire

(s)/Consultant(s) will not enter with other Bidders into
any undisclosed agreement or understanding, whether
formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contract,
submission or non submission or bids or any other actions
to restrict competitiveness or to introduce cartelization in
the bidding process.

c) The Bidder(s) /Contractor(s) / Concessionaire(s)

/Consultant(s) will notcommit any offence under
the relevant IPC/ PC Act and other Statutory Acts;
further the Bidder(s) / Contractor(s) /
Concessionaire(s) / Consultant(s) will not use
improperly, for
 purposes of completion or personal gain, or pass on to
others, any information or document provided by the
Principal as paid of the business relationship, regarding
plans, technical proposals and business details,
including information contained or transmitted
electronically.

d) The Bidder(s) / Contractor(s) / Concessionaire(s) /

Consultant(s) will, when presenting his bid, disclose
any and all payments he has made, is committed to
or intends to make to agents, brokers or any other
intermediaries in connection with the award of the
contract. He shall also disclose the details of services
agreed upon for such payments.

e) The Bidder(s) / Contractor(s) / Concessionaire(s) /

Consultant(s) will not instigate third persons to commit
offences outlined above or be an accessory to such
offences.

f) The Bidder(s) / Contractor(s) / Concessionaire(s) /

Consultant(s) will not bring any outside influence
through any Govt. bodies/quarters directly or
indirectly on the bidding process in furtherance of his
bid.

Article-3 Disqualification from tender process and

exclusion from future contracts.

1. If the Bidder(s) / Contractor(s) / Concessionaire(s) /

Consultant(s) before award or during execution has
committed a transgression through a violation of any
provision of Article- 2, above or in any other form
such as to put his reliability or credibility in question,
the Employer is entitled to disqualify the
Bidder(s)/ Contractor(s)/Concessionaire
(s)/Consultant(s) from the tender process.

2. If the Bidder(s) / Contractor(s) / Concessionaire(s) /

Consultant(s) has committed a transgression through
a violation of Article-2 such as to put his reliability or
credibility into question, the Employer shall be entitled
to exclude including blacklist and put on holiday the
 Bidder(s)/Contractor(s)/Concessionaire (s)/Consultant(s)
for any future tenders/ contract award process. The
imposition and duration of the exclusion will be
determined by the severity of the transgression. The
severity will be determined by the Employer taking
into consideration the full facts and circumstances
of each case particularly taking into account the
number of transgressions, the position of the
transgressors within the company hierarchy of the
Bidder(s) / Contractor(s) /Concessionaire(s) / Consultant(s)
and the amount of the damage. The exclusion will be
imposed for a maximum of 3 years.

3. A transgression is considered to have occurred if the

Employer after due consideration of the available
evidence concludes that “On the basis of facts
available there are no material doubts”.

4. The Bidder(s) / Contractor(s) / Concessionaire(s) /

Consultant(s) with its free consent and without any
influence agrees and undertakes to respect and
uphold the Employer absolute rights to resort to and
impose such exclusion and further accepts and
undertakes not to challenge or question such exclusion
on any ground, including the lack of any hearing
before the decision to resort to such exclusion is taken.
This undertaking is given freely and after obtaining
independent legal advice.

5. The decision of the Employer to the effect that a

breach of the provisions of this Integrity Pact has been
committed by the Bidder(s) / Contractor(s) shall
be final and binding on the Bidder(s) /
Contractor(s) / Concessionaire(s) /Consultant(s)
however,
the Bidder(s) / Contractor(s) / Concessionaire(s) /
Consultant(s) can approach IEM(s) appointed for the
purpose of this Pact.

6. On occurrence of any sanctions/ disqualification etc

arising out from violation of integrity pact, the
Bidder(s)/Contractor(s)/Concessionaire (s)/Consultant(s)
shall not be entitled for any compensation on this
account.
7. Subject to full satisfaction of the Employer, the exclusion of the
Bidder(s)/ Contractor(s)

/Concessionaire (s)/Consultant(s) could be revoked

by the Principal if the Bidder(s)/
Contractor(s)/Concessionaire (s)/Consultant(s) can
prove that he has restored/recouped the damage
caused by him and has installed a suitable
corruption prevention system in his organization.

Article-4: Compensation for Damages.

1. If the Employer has disqualified the Bidder(s) from the

tender process prior to the award according to Article-3,
the Employer shall be entitled to forfeit the Earnest
Money Deposit/ Bid Security or demand and recover the
damages equivalent to Earnest Money Deposit/ Bid
Security apart from any other legal right that may
have accrued to the Employer.

2. In addition to I above, the Employer shall be

entitled to take recourse to the relevant provisions
of the contract related to Termination of
Contract due to Contractor Default. In such case,
the Employer shall be entitled to forfeit the
Performance Bank Guarantee of the Contractor
demand and recover liquidated and all damages as
per the provisions of the contract/concession
agreement against Termination.

Article-5: Previous Transgression

[Link] Bidder declares that no previous transgressions

occurred in the last 3 years immediately before signing
of this Integrity Pact with any other Company in any country
conforming to the anti corruption/ Transparency
International (TI) approach or with any other Public Sector
Enterprise/ Undertaking in India or any Government
Department in India that could justify his exclusion from the
tender process.

2. If the Bidder makes incorrect statement on this subject,

lie can be disqualified from the tender process oi action
 for his exclusion can be taken as mentioned under
Article-3 above for transgressions of Article-2 and shall be
liable for compensation for damages as per Article-4
above.

Article-6: Equal treatment of all

Bidders/Contractors//Concessionaire (s)/Consultant(s).

1. The Bidder(s)/Contractor(s)/Concessionaire
(s)/Consultant(s) undertake(s) to demand from all
commitment in conformity with this Integrity Pact,
and to submit it to the Employer before contract signing.
2. The Employer will enter into agreements with identical
conditions as this one with all

Bidders/Contractors//Concessionaire (s)/Consultant(s)

3. The Employer will disqualify from the tender process all

Bidders who do not sign this

Pact or violate its provisions.

Article-7: Criminal charges against violating Bidder(s)/

Contractor(s)/Concessionaire

(s)/Consultant(s).

If the Employer obtains knowledge of conduct of a

Bidder/Contractor/Concessionaire/ Consultant or of
an employee or a representative or an associate
of a Bidder/Contractor, which constitutes
corruption, or if the Employer has substantive
suspicion in this regard, the Employer will inform
the same to the Chief Vigilance Officer.

Article-8: Independent External Monitor (IEM)

1. The Employer has appointed a Independent External
Monitor (herein after referred to as “Monitor”) 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 agreement.

2. The Monitor is not subject to instructions by the

representatives of the parties and performs his
functions neutrally and independently. He reports to
the Engineer – In – Chief.

3. The Bidder(s)/Contractor(s)/Concessionaire
(s)/Consultant(s) accepts that the Monitor has the right
to access without restriction to all project
documentation of the Employer including that provided
by the Bidder(s)/ Contractor(s)/
Concessionaire(s)/Consultant(s). The Bidder
(s)/Contactor(s)/Concessionaire (s)/Consultant(s) will
also grant the Monitor,
upon his request and demonstration of a valid interest,
unrestrictedand
unconditional access to his project [Link] Monitor
is under contractual obligation to
treat the information and documents of the
Bidder(s)/Contractor(s) with confidentiality.

4. The Employer 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
Principal and the Contractor. The parties offer to the
Monitor
the option to participate in such meetings.

5. As soon as the monitor notices, or has reason to believe,

a violation of this Pact, lie will so inform the Management
of the Employer and request the Management to
discontinue or take corrective action, or to take other
relevant action. The monitor can in this regard submit
non- binding recommendations. Beyond this, the monitor
has no right to demand from the parties that they act in a
specific manner, refrain from action or tolerate action.
6. The Monitor will submit a written report to the Engineer –
In – Chief within 8 to 10 weeks from the date of
reference or intimation to him by the Employer and,
should the occasion arise, submit proposals for correcting
problematic situations.

7. If the Monitor has reported to the Engineer – In –

Chief , a substantiated suspicion of an offence under
relevant IPC/PC Act, and the Engineer – In – Chief has
not, within the reasonable time taken visible action to
proceed against such offence or reported it to the
Chief Vigilance Officer, the Monitor may also transmit
this information directly to the Chief Vigilance Officer.

8. The word 'Monitor" would include both singular and plural.

Article — 9 Pact Duration

This Pact begins when both parties have 1egally signed

it. It expires 12 months after the Defect Liability
period is over or 12 months after his last payment
under the contract whichever is later and for all
other unsuccessful Bidders 06 months after this
Contract has been awarded. If any claim is made/
lodged during his time, the same shall be binding and
continue to be valid despite the lapse of this pact as
specified above, unless it is discharged/ determined
by the Engineer – In – Chief.

Article - 10 Other Provisions.

1. This pact is subject to Indian Law. Place of performance

and jurisdiction is the

Registered Office of the Employer

2. Changes and supplements as well as termination notices need

to be made in writing.
3. If the
Bidder/Contractor/Concessionaire(s)/Consultant(s) is a
partnership or a consortium, this pact must be signed
by all partners or consortium members.

4. Should one or several provisions of this agreement turn

out to be invalid, the remainder of this agreement
remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.

5. Any disputes/ differences arising between the parties

with regard to term of this pact, any action taken by the
Employer in accordance with this Pact or
interpretation thereof shall not be subject to any
Arbitration.

6. The actions stipulated in this Integrity Pact are without

prejudice to any other legal action that may follow in
accordance with the provision of the extent law in force
relating to any civil or criminal proceedings.

In witness whereof the parties have signed and executed

this Pact at the place and date first done mentioned in
the presence of following witness:-

(For & On behalf of the Employer)

(For &
On
behalf
of the
Bidder/
Contrac
torConc
essiona
ire
 (s)/Con
sultant(
s)/)

(Office Seal)

Place Date
Witness I :
Witness 2 :