No.

DCB/33/S-1/MPM/CGH/2026 Dated: 08th July, 2026

NOTICE INVITING TENDERS

Delhi Cantonment Board invites online bids in two bid system for Supply, Installation,
Testing and Commissioning of Multipara Patient Montior for Cantonment General Hospital.
Eligible Bidders can download and participate online through the website [Link]

Sd/-
Chief Executive
Officer
Delhi Cantonment
Board

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 APPENDIX A TO THE NOTI CE OF TENDER
The Delhi Cantonment Board invites item rate bids through Defence Procurement Portal. The
basic details of tender are as under:
Name of work Supply, Installation, Testing and
Commissioning of Multipara Patient
Montior for Cantonment General Hospital
CA No. DCB/33/S-1/MPM/CGH/2026
Estimated Cost of work Rs. 1,00,00,000/-
Earnest money Rs. 1,35,000/-
Period/ term contract of contract 60 months
Tender Validity 180 days
Signing of Integrity Pact The bidders are required to unconditionally
accept the Integrity Pact enclosed with the
technical bid on Page No. 24. Bidders shall
upload technical bids duly signed and
stamped including Integrity Pact as token of
acceptance of terms and conditions provided
in the contract as also provided under
eligibility conditions Clause 08. The
successful bidder shall be required to sign
agreement with the Board under provisions of
Section 128 of the Cantonments Act, 2006
alongwith Integrity Pact. The Independent
External Monitors (IEMs) may review
independently & objectively whether and to
what extent parties have complied with their
obligations under the Pact.
Make in India Preference Policy  Public Procurement (Preference to Make in
India), Order 2017 issued vide Govt. of
India, Ministry of Commerce & Industry,
Department of Industrial Policy and
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 Promotion issued vide No. P-45021/2/2017-
B.E.- II dated 15.06.2017, amended upto
date shall apply to the contract.
Date of release of tender 08.07.2026

Last date & time for downloading of 31.07.2026 upto 1500 hrs.
tender documents
Last date and time for submission of tender 31.07.2026 upto 1500 hrs.
document
Last date and time for submission of earnest 31.07.2026 upto 1500 hrs.
money deposit online. Nevertheless, the
scanned copies of the same be uploaded
online.
Date and time for opening of e-tender 31.07.2026 at 1530 hrs.

For any clarifications, Contact No 011- 25695450

Sd/-
Signature of Contractor For Accepting Officer

Page 3 of 34
ELIGIBILITY CRITERIA: DOCUMENTS TO BE UPLOADED FOR EVALUTING
RESPONSIVENESS OF THE BIDS (THE UNDERMENTIONED DOCUMENTS NEEDS
TO BE UPLOADED FOR TECHNICAL EVALUATION OF RESPONSIVENESS OF
BIDS).

1. The EMD for the amount given in Appendix ‘A’ shall be deposited online in the Cantt.
Board bank account through RTGS/ NEFT. The details of bank account are as given below,
and scanned copy of bank transfer details must be uploaded.
Account Name: Chief Executive Officer, Delhi Cantonment Board
Name of Bank: Union Bank of India
Bank Account No.: 352701110050001
IFSC Code: UBIN0535273
Branch: Delhi Cantt – 110010

2. Scanned copy of the Certificate of Incorporation, wherever applicable for Partnership

Firm/ LLP/ Private Limited Company, or valid Registration Certificate evidencing
existence of the firm in case of Proprietorship Firm, shall be uploaded.

3. Scanned copy of Bid specific Manufacture Authorization Form (MAF) issued by the
OEM in the name of the participating bidder. The authorization certificate must clearly
specify the OEM representative’s details including name, designation, email ID and contact
number and shall explicitly confirm that the bidder is an authorized partner of the OEM for
supply and service of the offered products and is duly authorized to quote and supply the
specified OEM products against this bid. In case of OEM, scanned copy of Self declaration
on letterhead along with documentary proof shall be uploaded.

4. Scanned copy of Make and Model of the quoted product must be uploaded.

5. Scanned copy of GST registration certificate.

6. Scanned copies of Partnership deed documents in case of partnership firm.

7. Scanned c e r t i f i e d true copy of Power of Attorney, if applicable shall be uploaded.

8. Scanned copy of whole tender document including integrity pact duly signed and stamped
on each page by the bidder shall be uploaded.

9. Scanned copy of declaration from the intending bidder that their firm is not blacklisted
in any Central Govt. /State Govt. /ULBs or any other Govt. Department/organization shall
be uploaded.

10. Scanned copy of proof of Average Annual Turnover duly certified by a Chartered
Accountant (with UDIN clearly mentioned), for the last three financial years ending on
31st March of the previous financial year, must be at least 30% of the estimated cost to
qualify for tendering, and shall be uploaded.
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11. Scanned copy of proof of experience be uploaded of having successfully completed
similar works during last 7 years ending last day of month previous to the one in which
applications are invited should be either of the following, be uploaded.

(a) Three similar completed works costing not less than the amount equal to 40% of the
estimated cost;
or
(b) Two similar completed works costing not less than the amount equal to 50% of the
estimated cost;
or
(c) One similar completed work containing not less than the amount equal to 80% of the
estimated cost.

The performance/completion certificate must mention actual completion cost of works

undertaken satisfactorily by the agency to examine eligibility parameters as mentioned at
Sr 11 (a) to (c). In case performance certificate/completion certificates doesn’t provide
actual completion cost of the works, it will inter-alia not establish the eligibility
requirements as mentioned at Sr 11 (a) to (c) and in that event bid shall be liable for
rejection summarily. The experience certificate of private firms shall not be considered for
evaluation of bids. The certificate issued by the Government Department
/PSU/Autonomous body/ any other Govt. organization shall be entertained for evaluation
of responsiveness of the bids.

Further the value of executed works shall be brought to current costing level by enhancing
the actual value of work at simple rate 7% per annum, calculated from the date of
completion of last date receipt of applications for tenders.

Note: (1) The price bid of only those contractors shall be considered for opening
whose bids are found responsive and have uploaded above documents complete
in all respects. No misunderstanding on this account shall be entertained
afterwards. The bids of agencies providing incomplete documents shall be
summarily rejected.

(2) The Earnest money and tender document fee need to be deposited online.
Scanned copy of Earnest money deposit and tender fee deposit needs to be also
uploaded while submission of bids.

(3) The price bid of agencies w hose documents are found complete and in order
shall be opened immediately after scrutiny of papers and details thereof will be
uploaded on GeM portal website [Link]

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(4) In case, any firm submits any forged document in support of the tender
requirement and if proved at any stage, the firm would be debarred for minimum
02 years and EMD/performance Security submitted by the firm shall be forfeited.
No correspondence whatsoever will not be entertained, in this regard.

(5) The bidders are advised/directed to upload the documents as required in

technical bid evaluation with the technical bid in .pdf format.

(6) “Similar Nature” of work means the work related to SITC of Multipara
Monitor or any medical equipment.

(7) The work order and their completion certificate shall be in Hindi or
English. No other language will be accepted.

Sd/-
Signature of Contractor For Accepting Officer

Page 6 of 34
 Annexure-I
OEM(s)/ MANUFACTURERS AUTHORIZATION FORM (MAF)

MAF ID: Date:

To,
Chief Executive Officer,
Delhi Cantonment Board
Delhi Cantt.-110010

Sub: OEM Authorization Letter

Ref: Your RFP Ref: [*] dated [*]

Dear Sir,

We _______ , (name and address of the manufacturer) who are established and reputed
manufacturers of having factories at _____ _ (addresses of manufacturing locations) do hereby
authorize M/s _______ (name and address of the bidder) to bid, negotiate and conclude the
contract with you against the above mentioned tender for the above product manufactured by
us.

Yours faithfully,

For and on-behalf of M/s _____________________________

(Name of the manufacturer)

Signature: _____________________

Name: __________________________

Designation:________________________

Address: ________________________

Date: _________________________

Directorate Seal

Note: This letter of authority should be on the letterhead of the concerned manufacturer and
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should be signed by a person competent and having the power of attorney to bind the
manufacturer.

GENERAL CONDITIONS OF CONTRACT/SCOPE OF WORK

1. VALIDITY OF TENDER: The validity of the Bid Tender Document shall be for
180 (One Eighty Days) days from date of opening.

2. The specifications reflected in the Golden Parameters of GeM are for indicative
purposes only. Compliance of the quoted model shall be evaluated strictly as per the
technical specifications attached attached as ATC Document.

3. The representation received outside GeM portal will not be replied/answered in any
condition.

4. Any deviations in technical specification stated anywhere may render the bid non‐
responsible and liable to be rejected.

5. In case of damaged package/broken seal of individual items affected /damaged items

shall be replaced by bidder without any extra cost to DCB preferably within 15 days
from the date of communication regarding replacement by the DCB.

6. Inspection shall be carried out by Officer In-charge at the time of delivery.

7. DCB reserves the right to verify/validate the authenticity of the bidder through OEM. In
case the bidder is found to be not technically qualified, the offer of the bidder of the
respective brand may be technically rejected. No further query in this regard will be
raised for clarification.

8. PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY

OR ALL BIDS: The purchaser reserves the right to accept in part or in full any bid or
reject any or more bid(s) without assigning any reason or to cancel the bid process and
reject all bids at any time prior to award of contract, without incurring any liability,
whatsoever to the affected bidder(s).

9. PATENT RIGHTS: The supplier shall, at all times, indemnify and keep indemnified
the purchaser, free of cost, against all claims which may arise in respect of goods &
services to be provided by the supplier under the contract for infringement of any
intellectual property rights or any other right protected by patent, registration of designs
or trademarks. In the event of any such claim in respect of alleged breach of patent,
registered designs, trademarks etc. being made against the purchaser, the purchaser
shall notify the supplier of the same and the supplier shall, at his own expenses take
care of the same for settlement without any liability to the purchaser.
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10. PACKING AND MARKING: The packing for the goods to be provided by the
supplier should be strong and durable enough to withstand, without limitation, the entire
journey during transit including transshipment (if any), rough handling, open storage
etc. without any damage, deterioration etc. As and if necessary, the size, weights and
volumes of the packing cases shall also take into consideration, the remoteness of the
final destination of the goods and availability or otherwise of transport and handling
facilities at all points during transit up to final destination as per the contract. The
quality of packing, the manner of marking within & outside the packages and provision
of accompanying documentation shall strictly comply with the requirements as
provided in Technical Specifications. In case the packing requirements are amended
due to issue of any amendment to the contract, the same shall also be taken care of by
the supplier accordingly.

11. INSPECTION, TESTING AND QUALITY CONTROL:

a. The purchaser and/or its nominated representative(s) will, without any extra cost
to the purchaser, inspect and/or test the ordered goods and the related services to
confirm their conformity to the contract specifications and other quality control
details incorporated in the contract. In case the goods are rejected in the first
instance and the supplier requests for re-inspection, and if same is accepted by
Purchaser/Consignee, all subsequent inspections shall be at the cost of the
supplier.

b. The Technical Specification incorporated in the contract shall specify what

inspections and tests are to be carried out and, also, where and how they are to
be conducted. If such inspections and tests are conducted in the premises of the
supplier or its subcontractor(s), all reasonable facilities and assistance, including
access to relevant drawings, design details and production data, shall be
furnished by the supplier to the purchaser’s inspector at no charge to the
purchaser.

c. If during such inspections and tests the contracted goods fail to conform to the
required specifications and standards, the purchaser’s inspector may reject them
and the supplier shall either replace the rejected goods or make all alterations
necessary to meet the specifications and standards, as required, free of cost to
the purchaser and re-submit the same to the purchaser’s inspector for conducting
the inspections and tests again.

d. In case the contract stipulates pre-dispatch inspection of the ordered goods at

supplier’s premises, the supplier shall put up the goods for such inspection to the
purchaser’s inspector well ahead of the contractual delivery period, so that the
purchaser’s inspector is able to complete the inspection within the contractual
delivery period.

e. If the supplier tenders the goods to the purchaser’s inspector for inspection at
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 the last moment without providing reasonable time to the inspector for
completing the inspection within the contractual delivery period, the inspector
may carry out the inspection and complete the formality beyond the contractual
delivery period at the risk and expense of the supplier. The fact that the goods
have been inspected after the contractual delivery period will not have the effect
of keeping the contract alive and this will be without any prejudice to the legal
rights and remedies available to the purchaser under the terms & conditions of
the contract.

f. The purchaser’s contractual right to inspect, test and, if necessary, reject the
goods after the goods’ arrival at the final destination shall have no bearing of the
fact that the goods have previously been inspected and cleared by purchaser’s
inspector during pre-dispatch inspection mentioned above.

g. “On rejection, the supplier shall remove such stores within 14 days of the date
of intimation of such rejection from the consignee’s premises. If such goods are
not removed by the supplier within the period mentioned above, the
purchaser/consignee may remove the rejected stores and either return the same
to the supplier at his risk and cost by such mode of transport as
purchaser/consignee may decide or dispose of such goods at the suppliers risk to
recover any expense incurred in connection with such disposals and also the cost
of the rejected stores if already paid for.”

h. Goods accepted by the purchaser/consignee and/or its inspector at initial

inspection and in final inspection in terms of the contract shall in no way dilute
purchaser’s/consignee’s right to reject the same later, if found deficient in terms
of the warranty clause of the contract.

i. Principal supplier shall also have the equipment inspected by recognized/

reputed agencies prior to dispatch at the supplier’s cost and furnish necessary
certificate from the said agency in support of their claim.

12. INSURANCE:

a. The supplier shall be responsible till the entire stores contracted for arrival in
good condition at destination. The transit risk in this respect shall be covered by
the Supplier by getting the stores duly insured for an amount equal to 110% of
the value of the goods from warehouse to warehouse (consignee site) on all risk
basis. The insurance cover shall be obtained by the Supplier and should be valid
till 3 months after the receipt of goods by the Consignee.

b. If the equipment is not commissioned and handed over to the consignee within 2
months, the insurance will have to be extended by the supplier at their cost till
the successful installation, testing, commissioning and handing over of the
goods. In case the delay in the installation and commissioning is due to handing
over of the site to the supplier by the consignee/End User, such extensions of the
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 insurance will still be done by the supplier, but the insurance extension charges
at actuals will be reimbursed.

c. Spare parts: If specified in the List of Requirements and in the resultant contract,
the supplier shall supply/provide any or all of the following materials,
information etc. pertaining to spare parts manufactured and/or supplied by the
supplier:

d. The spare parts as selected by the Purchaser/End User to be purchased from the
supplier, subject to the condition that such purchase of the spare parts shall not
relieve the supplier of any contractual obligation including warranty obligations;
and

e. In case the production of the spare parts is discontinued:

i. Sufficient advance notice to the Purchaser/End User before such
discontinuation to provide adequate time to the purchaser to purchase the
required spare parts etc., and
ii. Immediately following such discontinuation, providing the
Purchaser/End User, free of cost, the designs, drawings, layouts and
specifications of the spare parts, as and if requested by the
Purchaser/End User.
iii. Supplier shall carry sufficient inventories to assure ex-stock supply of
consumables and spares for the goods so that the same are used during
warranty period.

13. INCIDENTAL SERVICES: The supplier shall be required to perform the following
services:

a. Installation & Commissioning, Supervision, Demonstration, Trial run etc. of the

goods.

b. Training of Consignee’s/End Users Doctors, Staff, operators etc. for operating

and maintaining the goods.

c. Supplying required number of operation & maintenance manual for the goods.

14. DISTRIBUTION OF DISPATCH DOCUMENTS FOR

CLEARANCE/RECEIPT OF GOODS: The supplier shall send all the relevant
dispatch documents well in time to enable the purchaser clear or receive (as the case
may be) the goods in terms of the contract.

15. ASSIGNMENT: The Supplier shall not assign, either in whole or in part, its
contractual duties, responsibilities and obligations to perform the contract, except with
the Purchaser’s prior written permission.

16. TAXES AND DUTIES: Supplier shall be entirely responsible for GST incurred
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 until delivery of the contracted goods to the purchaser.

17. FIRM/ VARIABLE PRICE: Unless otherwise specifically provided under Clause
41 and Clause 42 of this Bid Document, the prices quoted by the Bidder shall remain
firm and fixed during the currency of the contract and shall not be subject to variation
on any account.

18. PRICE VARIATION CLAUSE: In case the Tender Documents permit offers on a
variable price basis, the price quoted by the Bidder may be subject to adjustment during
the original delivery period to account for changes in the cost of labour, material,
fuel/power or other inputs, as specifically provided in the contract. Any such variation
shall be admissible only to the extent and in the manner expressly provided in the
tender conditions.

19. EXCHANGE RATE VARIATION: Subject to provisions of Clause 40 above,

where final prices are quoted in Indian Rupees (INR) involving imported content, the
Bidder may, if they so desire, stipulate Foreign Exchange Rate Variation (ERV) clause.
In such cases, ERV shall be borne by the Procuring Entity within the original Delivery
Period.

i. ERV shall be applicable only for imported components used in the supplied
Goods imported after the contract date and shall be supported by documentary
evidence including OEM Invoice, Bill of Entry, Customs Clearance documents
and Banker’s Certificate regarding foreign exchange remittance.

ii. Both upward and downward Exchange Rate Variation shall be applicable.

iii. No ERV shall be admissible for delay attributable to the contractor.

iv. Unless otherwise stipulated in the contract, documents for claiming ERV shall
be:

(a) A bill of ERV claim enclosing working sheet.

(b) Banker’s Certificate/debit advice detailing foreign exchange paid and exchange
rate as on the date of relevant transaction.
(c) Copies of import order/agreement placed by the contractor on its suppliers.
(d) Invoice of contractor’s suppliers for the relevant import order.

20. PAYMENT TERMS:

a. No advance payment will be made.

b. Payment shall be made against submission of work completion certificate of

goods to be issued by the End User subject to recoveries, if any, either on
account of non-rectification of defects/deficiencies not attended by the Supplier
or otherwise. work completion needs to be issued by the concerned end user
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 after installation, commissioning, testing and successful trial run. Payment shall
be made subject to satisfactory inspection report after third party inspection by
the Delhi Cantonment Board.

c. The supplier shall not claim any interest on payments under the contract.

d. Where there is a statutory requirement for tax deduction at source, such

deduction towards income tax and other tax as applicable will be made from the
bills payable to the Supplier at rates as notified from time to time.

e. The supplier shall send its claim for payment in writing, when contractually due,
along with relevant documents etc., duly signed with date.

f. While claiming payment, the supplier is also to certify in the bill that the
payment being claimed is strictly in terms of the contract and all the obligations
on the part of the supplier for claiming that, payment has been fulfilled as
required under the contract.
g. While claiming reimbursement of duties, taxes etc. (like GST, Custom Duty
etc.) from the Purchaser, as and if permitted under the contract, the supplier
shall also certify that, in case it gets any refund out of such taxes and duties
from the concerned authorities at a later date, the supplier shall refund to the
Purchaser forthwith.

21. DELIVERY:

a. The supplier shall deliver the goods within 60 days and perform the services
under the contract within the time schedule specified by the Purchaser in the
contract. The time for and the date of delivery of the goods stipulated in the
schedule shall be deemed to be of the essence of the contract and the delivery
must be completed not later than the date (s) as specified in the contract.

b. If at any time during the currency of the contract, the supplier encounters
conditions hindering timely delivery of the goods and performance of services,
the supplier shall promptly inform the Purchaser in writing about the same and
its likely duration and make a request to the Purchaser for extension of the
delivery schedule accordingly. On receiving the supplier’s communication, the
Purchaser shall examine the situation as soon as possible and, at its discretion,
may agree to extend the delivery schedule, with or without liquidated damages
for completion of supplier’s contractual obligations by issuing an amendment to
the contract.

c. Any unexcused delay by the supplier in maintaining its contractual obligations

towards delivery of goods and performance of services shall render the supplier
liable to any or all of the following sanctions:
i. Imposition of liquidated damages,
ii. Forfeiture of its Performance Security and
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 iii. Termination of the Contract for default.

d. When the period of delivery is extended due to unexcused delay by the supplier,
the amendment letter extending the delivery period shall, inter alia contain the
following conditions:

e. The Purchaser shall recover from the supplier Liquidated Damages on the goods
and services, which the Supplier has failed to deliver within the delivery period
stipulated in the contract.

f. That no increase in price on account of any ground, whatsoever, including any

stipulation in the contract for increase in price on any other ground and, also
including statutory increase in or fresh imposition of GST levied in respect of
the goods and services specified in the contract, which takes place after the date
of delivery stipulated in the contract shall be admissible on such of the said
goods and services as are delivered and performed after the date of the delivery
stipulated in the contract.

g. But nevertheless, the Purchaser shall be entitled to the benefit of any decrease in
price on account of reduction in or remission of Custom Duty and GST which
takes place after the expiry of the date of delivery stipulated in the contract.

h. The supplier shall not dispatch the goods after expiry of the delivery period. The
supplier is required to apply to the Purchaser for extension of delivery period
and obtain the same before dispatch. In case the supplier dispatches the goods
without obtaining an extension, it would be doing so at its own risk and no claim
for payment for such supply and / or any other expense related to such supply
shall lie against the purchaser.

22. PASSING OF PROPERTY:

i. The property in the goods shall not pass to the purchaser unless and until the
goods have been delivered to the consignee in accordance with the contract.

ii. Where there is a contract for sale of specific goods and the supplier is bound to
do something to the goods for the purpose of putting them into a deliverable
state the property does not pass until such thing is done.

iii. Unless otherwise agreed, the goods remain at the supplier’s risk until the
property therein is transferred to the purchaser.

23. LIQUIDATED DAMAGES:

i. If the supplier fails to deliver or install /commission any or all of the goods or
fails to perform the services within the time frame(s) incorporated in the
contract, the Purchaser shall, without prejudice to other rights and remedies
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 available to the Purchaser under the contract, deduct from the contract price, as
liquidated damages, a sum equivalent to 0.5% per week of delay or part thereof
on delayed supply of goods, installation, commissioning and/or services until
actual delivery or performance subject to a maximum of 10% of the contract
price. Once the maximum is reached Purchaser may consider termination of the
contract.

ii. During the above-mentioned delayed period of supply and/or performance, the
conditions incorporated under clause 16 above shall also apply.

24. TERMINATION FOR DEFAULT:

i. The Purchaser without prejudice to any other contractual rights and remedies
available to it the Purchaser, may, by written notice of default sent to the
supplier, terminate the contract in whole or in part, if the supplier fails to deliver
any or all of the goods or fails to perform any other contractual obligation(s)
within the time period specified in the contract, or within any extension thereof
granted by the Purchaser.

ii. The Performance Security in such cases will be forfeited.

iii. Unless otherwise instructed by the Purchaser, the supplier shall continue to
perform the contract to the extent not terminated.

25. TERMINATION FOR INSOLVENCY: If the supplier becomes bankrupt or

otherwise insolvent, the purchaser reserves the right to terminate the contract at any
time, by serving written notice to the supplier without any compensation, whatsoever,
to the supplier, subject to further condition that such termination will not prejudice or
affect the rights and remedies which have accrued and / or will accrue thereafter to the
Purchaser.

26. RESOLUTION OF DISPUTES:

a. If dispute or difference of any kind shall arise between the Purchaser/Consignee

and the supplier in connection with or relating to the contract, the parties shall
make every effort to resolve the same amicably by mutual consultations.

b. If the parties fail to resolve their dispute or difference by such mutual

consultation within twenty-one days of its occurrence, then, unless otherwise
provided in the SCC, either the Purchaser/Consignee or the supplier may give
notice to the other party of its intention to commence arbitration, as hereinafter
provided the applicable arbitration procedure will be as per the Arbitration and
Conciliation Act, 1996 of India.

c. In the case of a dispute or difference arising between the Purchaser and a

domestic Supplier relating to any matter arising out of or connected with the
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 contract, such dispute or difference shall be referred to the sole arbitration to be
appointed by the President, Delhi Cantonment Board.

d. Venue of Arbitration: The venue of arbitration shall be the place from where the
contract has been issued, i.e., New Delhi, India.

e. Jurisdiction of the court will be from the place where the Tender Document has
been issued, i.e., New Delhi, India

f. Applicable Law: The contract shall be governed by and interpreted in

accordance with the laws of India for the time being in force.

27. WITHHOLDING AND LIEN IN RESPECT OF SUMS CLAIMED:

a. Whenever any claim for payment arises under the contract against the supplier
the purchaser shall be entitled to withhold and also have a lien to retain such
sum from the security deposit or sum of money arising out of under any other
contract made by the supplier with the purchaser, pending finalization or
adjudication of any such claim.

b. It is an agreed term of the contract that the sum of money so withheld or

retained under the lien referred to above, by the purchaser, will be kept withheld
or retained till the claim arising about of or under the contract is determined by
the Arbitrator or by the competent court as the case may be and the supplier will
have no claim for interest or damages whatsoever on any account in respect of
such withholding or retention.

28. FALL CLAUSE: Fall clause is a price safety mechanism. The fall clause provides
that if the contract holder reduces its price or sells or even offers to sell the contracted
goods of identical specification and terms & conditions to that of the contract, at a price
lower than the contract price, to any person or organization during the currency of the
Contract, the Contract price will be automatically reduced with effect from that date for
all the subsequent supplies under the Contract and the contract amended accordingly.

29. WARRANTY:

a. The bidders must quote for Five year’s Comprehensive Warranty for complete
equipment (Including all spares, labour and third-party items) from the date of
satisfactory installation, commissioning, trial run, handing over and acceptance
of the goods by the User Department.

b. The warranty charges shall not be quoted separately.

c. During the Warranty period, desired Uptime of 95% of 365/366 (Leap Year)
days (24 hrs), if downtime more than 5%, the warranty period will be extended
by double the downtime period. In addition, a penalty equal to amount of 0.25
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 % of the total cost of equipment per day will be liable for the excess downtime
period but not more than 10% of the equipment cost. Complaints should be
attended properly, maximum within 8 hrs. The firm must ensure provision of
quality post sale service with 95% uptime of the equipment. The firm has to
provide a replacement unit (same model) in case the time taken for repair is
long.

d. All software updates should be provided free of cost during Comprehensive

Warranty period.

30. AFTER SALES SERVICE:

a. Firm should quote the rates with Comprehensive 05 year warranty (including all
spares, consumables, accessories, labour, testing and calibration as per
technical / service /operational manual of the manufacturer).

b. The supplier shall submit Performance Bank Guarantee applicable for AMC at
start of AMC (after completion of 05-year warranty) and shall be applicable 3%
as specified in the bid on total AMC charges quoted by the firm. The PBG
submitted after the award of contract shall be released only after new PBG for
the AMC period is submitted and accepted by the Delhi Cantonment Board after
verification. Bank Guarantee for AMC is to remain valid till completion of
AMC period plus two months. The Bidder shall be bound by the details
furnished by him/her to the Delhi Cantonment Board while submitting the
tender or at subsequent stage. Upon selection of the Bidder, if at any stage, the
documents furnished by him/her is found to be false or the quality of the articles
are found of poor quality/different specifications, it would be deemed to be a
breach of terms of contract, the contract shall be cancelled, legal action as
deemed fit will be taken and performance security shall stand forfeited.

c. During the AMC period, desired Uptime of 95% of 365/366 (Leap Year) days
(24 hrs), if downtime more than 5%, the AMC period will be extended by
double the downtime period. In addition, a penalty equal to amount of 0.25 % of
the total cost of equipment per day will be liable for the excess downtime period
but not more than 10% of the equipment cost. Complaints should be attended
properly, maximum within 8 hrs. The firm must ensure provision of quality post
sale service with 95% uptime of the equipment. The firm can provide a
replacement unit (same model) in case the time taken for repair is long.

d. All software updates should be provided free of cost during AMC. In case of
failure by the supplier, the Bank Guarantee of AMC will be forfeited.

31. UPTIME & DOWNTIME PENALTY CLAUSE:

a. The firm should provide uptime guarantee of 95% during warranty period and
AMC period.

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 b. During the Warranty period and AMC period, desired Uptime of 95% of
365/366 (Leap Year) days (24 hrs), if downtime more than 5%, the warranty
period/CAMC period will be extended by double the downtime period. In
addition a penalty equal to amount of 0.25% of the total cost of equipment per
day will be leviable for the excess downtime period.

c. Complaints should be attended properly, maximum within 8 hrs.

32. DEMONSTRATION: The Purchaser reserves the right to ask for a free
demonstration of the quoted equipment at any time within 07 days from the date of such
request, at a pre-determined place acceptable to the purchaser or at site (in case of non-
portable and heavy equipment) for technical acceptability as per the Bid Document
specifications, before the opening of the Price Bid, if required. Please note that requests
for rescheduling of the demonstration date shall not be entertained. Additionally,
conducting such demonstration shall not be construed as approval of the technical bid.

33. PERFORMANCE SECURITY: The successful tenderer will be required to furnish

a Performance Security Deposit of 3% of contract value after receiving work order in
the form of Fixed Deposit Receipt or Bank Guarantee from any Nationalized/Scheduled
Bank duly pledged in the name of the "Chief Executive Officer, Delhi Cantonment
Board" payable at Delhi Cantt. which shall be kept valid for a period of 60 days beyond
completion of all the contractual obligations. The security deposit can be forfeited by
order of this Department in the event of any breach or negligence or non–observance of
any condition of contract or for unsatisfactory performance or non–observance of any
condition of the contract. Performance Security will be discharged after completion of
contractor’s performance obligations (including Warranty / Guarantee period) under the
contract.

34. AMENDMENTS TO TENDER DOCUMENTS: - At any time prior to the

deadline for submission of tenders, the purchaser may, for any reason deemed fit by
him, modify the tender documents will be published on GeM portal. In order to provide
reasonable time to the prospective bidders to take necessary action in preparing their
tenders as per the amendment, the purchaser may, at its discretion extended the deadline
for the submission of tenders and other allied time frames, which are linked with that
deadline.

35. SUBLETTING OF WORK: The firm shall not assign or sublet the work/job or any
part of it to any other person or party without having first obtained permission in
writing of Delhi Cantonment Board, which will be at liberty to refuse if thinks fit. The
tender is not transferable. One tenderer shall submit only one tender.

36. BREACH OF TERMS AND CONDITIONS: In case of breach of any terms and
conditions as mentioned above, the Competent Authority, will have the right to cancel
the work order/ job without assigning any reason thereof and nothing will be payable by
Delhi Cantonment Board in that event the security deposit shall also stands forfeited.

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37. The rates of the goods should be quoted on per item basis including all charges like
transportation, labour, freight, loading, unloading goods etc (including GST). However,
the payment shall be made by the DCB to the bidder after deducting TDS.

38. The supplier shall supply the materials along with copy of Invoice, Purchase Order,
Delivery Challan and other relevant documents at the Delhi Cantonment Board. The
quantity supplied shall be in terms of the Units mentioned in the Tender Document/ PO.

39. It will be imperative on each bidder to fully acquaint himself with all the local
conditions and factors, which would have any effect on the performance of the contract
and cost of the stores. No request for the change of price or time schedule of delivery of
stores shall be entertained, on account of any local conditions or factor once the offer is
accepted by the Delhi Cantonment Board.

40. The goods should be adequately covered under transit insurance at the risk and cost of
the bidder. In case the bidder on whom the Department order has been placed, fails to
make supplies within the delivery schedule and the purchaser has to resort risk
purchase, the purchaser (Delhi Cantonment Board) may recover from the bidder the
difference between the cost calculated on the basis of risk purchase price and that
calculated on the basis of rates quoted by bidder. The amount will be recovered from
any of his subsequent/pending bills or Security Deposit & black listing of the firm may
be initiated depending upon the circumstances of the default/merit of the case.

41. INSPECTION OF SUPPLIES: Inspection will be done by the Officer In-charge

nominated by CEO, Delhi Cantonment Board or his authorized representatives.

42. The Bidder shall be bound by the details furnished by him/her to the Delhi Cantonment
Board while submitting the tender or at subsequent stage. Upon selection of the Bidder,
if at any stage, the documents furnished by him/her is found to be false or the quality of
the articles are found of poor quality/different specifications, it would be deemed to be
a breach of terms of contract, the contract shall be cancelled, legal action as deemed fit
will be taken and performance security shall stand forfeited.

43. The selected firm(s) shall not be allowed to transfer, assign, pledge or sub-contract its
rights and the contract will be valid from the date it is awarded/formalities completed.
This office will, however, reserve the right to conduct performance review at any time
during the contract period and deficiencies, if any, noticed shall be required to be
rectified and compliance reported. This office reserves the right to suo-moto terminate
the contract by giving one month’s notices at any point of time.

44. The DCB shall not be responsible for any financial loss or other damage or injury to
any item or person deployed/supplied by the Supplier Agency in the course of their
performing the duties to this office in connection with purchase order/purchase order
for supplying of Stores/Goods/Items at DCB.

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45. LAW GOVERNING THE CONTRACT AND JURISDICTION: - The
contract shall be governed under Indian Contract Act 1872 and instructions thereon
from the government of India. The Court of Delhi Conditional Bids will be treated as
unresponsive and therefore shall be rejected.

46. FORCE MAJEURE: If, at any time during the subsistence of this contract, the
performance in whole or in part by either party of any obligation under this contract is
prevented or delayed by reasons of any war or hostility, act of public enemy, civil
commotion, sabotage, fire, floods, explosion, epidemics, quarantine restriction, strikers
lockout or act of God (hereinafter referred to as events) provided notice of happening of
any such eventuality is given by party to other within 21 days from the date of
occurrence thereof, neither party hall by reason of such event be entitled to terminate
this contract nor shall either party have any claim for damages against other in respect
of such non-performance or delay in performance, and deliveries have been so resumed
or not shall be final and conclusive. Further, that if the performance in whole or in part
of any obligation under this contract is prevented or delayed by reason of any such
event for a period exceeding 60 days, either party may, at least option to terminate the
contract.

47. DEBARMENT FROM BIDDING: A bidder shall be debarred if he has been

convicted of an offence- under the Prevention of Corruption Act, 1988 or the Indian
Penal Code or any other law for the time being in force, for causing any loss of life or
property or causing a threat to public health as part of execution of a public
procurement contract.

48. POWER TO IGNORE MINOR DEVIATIONS: Delhi Cantonment Board reserves

right to ignore any trivial nature of deviation(s) in tender documents as decided by the
competent authority while processing the tender. The DCB may also seek any
clarification/ documents to substantiate the claim of the bidder at the later stage if felt
necessary. However, the bidder can’t claim it as a matter of right and will be bound to
comply the Terms & Conditions of the tender without citing the ground of trivial
deviation/ seeking of the clarification/ documents in support of the cancellation of his/
her bid.

49. CONSORTIUM: - No consortium will be entertained in the bid process. The bidder
must hold full responsibility of the contract.

50. TERMINATION OF CONTRACT: The Delhi Cantonment Board shall have the
right to terminate the Contract or any of the provisions thereof at any time by serving a
three days’ notice to the Contractor if the performance is not satisfactory.

51. This office reserves the right to carry out amendment in the bid document before the
deadline for submission of bid, for any reason, whether at its own initiative or in
response to the clarification requested by a prospective bidder and modify the bid
document by issuing corrigendum. The bidders are advised to visit the gem website on
regular basis for checking necessary updates. The office also reserves the rights to
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 amend the dates mentioned in the bid for bid process. It will be assumed that the
amendments had been taken into account by the bidder in its bid.

52. The office reserves the right to increase or decrease the work order from the scheduled
list according as the cases may be. The payment will be made accordingly on Pro-rata
basis.

53. The DCB reserves the right to accept or reject any or more Tender/offer without
assigning any reasons or cancel the tendering process and reject all tender at any time
prior to award of contract, without accepting any liability, whatsoever.

54. Conditional Bids will be treated as unresponsive and therefore shall be rejected.

55. Signed & stamped compliance sheet of the technical specification of the goods with
technical printed literature must be enclosed with the bid.

56. Incomplete tenders are liable to be rejected without assigning any reason. The tenderers
cannot alter unilaterally any of the terms and conditions of this tender. Conditional
tenders are liable to be summarily rejected.

57. The Accepting Authority for the acceptance/rejection of tenders will be Delhi
Cantonment Board.

58. MSEs/Startups registered with Udyam, NSIC, DPIIT or eligible under GeM guidelines
shall be exempted from submission of EMD subject to submission of valid supporting
registration certificates along with the bid.

59. The clause has been incorporated in compliance with the Public Procurement
(Preference to Make in India), Order 2017, as amended, issued by DPIIT, Ministry of
Commerce & Industry, and aligned with Rule 153(iii) of the General Financial Rules
(GFR) 2017, which mandates preference to local suppliers in public procurement.

60. Non-Local Suppliers are also eligible to participate in this tender, as the MII policy
does not prohibit their participation unless the item is exclusively reserved for local
suppliers.

61. This tender is not restricted only to Make in India bidders, as the item has been
exempted from exclusive reservation under the Make in India (MII) Policy vide
Ministry of Finance, Department of Expenditure O.M. No. F.4/1/2023-PPD dated
03.04.2023 and Ministry of Commerce & Industry O.M. No. P-45021/2/2017-PP (BE-
II)-Part (4) Vol. II dated 19.07.2024.

62. THIRD PARTY QUALITY CONTROL: In order to achieve best workmen ship
and execution of quality works/ Services to be provisioned under the contract the Delhi
Cantonment Board will engage an independent agency i.e. M/s Certification Engineers
International Ltd agency who will carry out independent testing of materials and
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checking and for ensuring overall quality procedures and quality services provisioned
under the contract. The contractor shall be required to fully cooperate with agency and
facilitate them in taking samples, transportation and examination of various activities
including documentation at no extra cost to the Board. In case of any adverse findings
by the third party inspecting agency, the contractor shall do the needful rectifications at
no extra cost to the Board. The cost towards consultancy/third party quality control to
the institutes would be paid by the Board. All works/work order would be subject to
third party quality control”. The contractor bills will be processed for the payment
subject to satisfactory services provisioned under the contract and satisfactory report
given by the third party quality control agency.

Sd/-
Signature of contractor Accepting Officer

Annexure-II
TECHNICAL SPECIFICATIONS

Page 22 of 34
Page 23 of 34
 Sd/-
Signature of Contractor For Accepting Officer

UNDERTAKING (to be submitted by the Bidder along with Integrity Pact)

Date:

To,
The Chief Executive Officer
Delhi Cantonment Board
Sadar Bazar, Delhi Cantt

Sub: Procurement of ………………………. (Item description)

Ref: Tender No. & date: ……………………………………………….

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  I/We (The Bidder/Contractor) confirm acceptance and compliance with the Integrity
Pact in letter and spirit.

 I/We (The Bidder/Contractor). confirm that the Integrity Pact is signed without any
variation (or) modification.

 I/We (The Bidder/Contractor) agree that the Integrity Pact is deemed as part of
NIT/Contract and we are bound by its provisions for the entire Pact duration as per
Section. 9 of the enclosed Integrity Pact format.

 In case, if we (The Bidder/Contractor) fail to honour the above conditions, Chief

Executive Officer, Delhi Cantonment Board shall have absolute right to take action as
per Section 3 of the enclosed Integrity Pact format.

Yours faithfully,

(BIDDER)

INTEGRITY PACT

Between

Delhi Cantonment Board, hereinafter referred to as “The Principal”.

and

…………………………………………,hereinafter referred to as “The Bidder /Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for
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…………………………………………………………………………. The principal values full
compliance with all relevant laws of the land, rules, regulations, economic use of resources and
of fairness/transparency in its relations with its Bidder(s) and / or Contractor(s).

In order to achieve these goals, the Principal has appointed Independent External Monitors
(IEMs) who will monitor the tender process and the execution of the contract for compliance
with the principles mentioned above.

Section 1- Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles: -
a. No employee of the Principal, personally or through family members, will in
connection with the tender for, or the execution of a contract, demand, take a
promise for or accept, for self or third person, any material or immaterial benefit
which the person is not legally entitled to.
b. The principal will, during the tender process treat all Bidders(s) with equity and
reason. The Principal will in particular, before and during the tender process, provide
to all bidder(s) the same information and will not provide to any Bidder(s)
confidential/ additional information through which the bidder(s) could obtain an
advantage in relation to the tender process or the contract execution.
c. The principal will exclude from the process all known prejudicial persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC act, or if there be a substantive suspicion in this
regard, the principal will inform the Chief Vigilance Officer and in addition cam initiate
disciplinary actions.
(3) In case of any such preceding misconduct on the part of officials is reported by the
Bidder to the Principal/Owner willful and Verifiable facts and the same is prima facie
found to be correct by the Principal/Owner, necessary disciplinary proceedings, or any
other action as deemed fit, including criminal proceedings may be initiated by the
Principal/ Owner and such a person shall be debarred from further dealing related to the
tender/contract process. In such a case while an inquiry is being conducted by the
Principal/Owner the tender process/proceedings under the contract would not be stalled.
Section 2 – Commitments of the Bidders(s)/Contractor(s)

(1) The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to prevent
corruption. The Bidder(s)/Contractor(s) commit themselves to observe the following
principles during participation in the tender process and during the contract execution.
a. The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm,
offer, promise or give to any of the Principal’s employees involved in the tender
process or the execution of the contract or to any third person any material or other
Page 26 of 34
 benefit which he/she is not legally entitled to, in order to obtain in exchange any
advantage of any kind whatever during the tender process or during the execution
of the contract.
b. The Bidder(s)/ Contractor(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 contracts, submission of non-
cartelization in the bidding process.
c. The Bidder(s)/ Contractor(s) will not commit any offence under the relevant
IPC/PC Act; further the Bidder(s)/ Contractor(s) will not use improperly, for
purposes of competition or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business details, including
information contained or transmitted electronically.
d. The Bidder(s)/ Contractor(s) of foreign origin shall disclose the name and address
of the Agents/representatives in India, if any. Similarly, the Bidder(s)/
Contractor(s) of Indian Nationality shall furnish the name and address of the
foreign principals, if any. Further details as mentioned in the “Guidelines on Indian
Agents of Foreign Suppliers” shall be disclosed by the Bidder(s)/ Contractor(s).
Further, as mentioned in the guidelines all the payments made to the Indian
agent/representative have to be in Indian Rupees only. Copy of the “Guidelines on
Indian Agents of Foreign Suppliers” is enclosed as Annexure - ‘A’.
e. The Bidder(s)/ Contractor(s) will, when presenting their bid, disclose any and all
payments made, are committed to or intend to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
f. Bidder(s)/ Contractor(s) who have signed the Integrity Pact shall not approach the
Courts while representing the matter of IEMs and shall wait for their decision in the
matter.
(2) The Bidder(s)/ Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
(3) 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.
(4) The Bidder commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts. Complaint will be processed
as per Guidelines for Handling of Complaints in vogue. In case the complaint is found
to be vexatious, frivolous or malicious in nature, it would be constructed as a violation of
Integrity Pact.
Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder(S)/Contractor(S), before award or during execution has committed a

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 transgression through a violation of Section 2, above or in any other form such as to put their
reliability or credibility in question, Delhi Cantonment Board is entitled to disqualify the
Bidder(S)/Contractor(S) from the tender process or take action as per rule & regulations.

Bidders are advised to have a company code of conduct (clearly rejecting the use of
bribes and other unethical behavior) ad a compliance program for the implementation of the
code of conduct throughout the country.

Section – 4 Compensation for Damages

If Delhi Cantonment Board has disqualified the Bidder(S) from the tender process
prior to the award according to Section 3 above, the Delhi Cantonment Board is entitled to
demand and recover the damage equivalent to Earnest Money Deposit/Bid security.

If Delhi Cantonment Board has terminated the contract according to Section 3, or If Delhi
Cantonment Board is entitled to terminate the contract according to Section 3, Delhi
Cantonment Board shall be entitled to demand and recover from the Bidder(S) liquidated
damages of the Contract value or the amount equivalent to performance bank Guarantee.

Section 5 – Previous Transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 years
with any other company in any country conforming to the anti-corruption
approach or with any Public Sector Enterprise in India that could justify his
exclusion from the tender process.
(2) If the Bidder makes Incorrect statement on this subject, he can be disqualified
from the tender process or action can be taken the contract, if already awarded,
can be terminated.

Section 6 – Equal Treatment of all Bidder(S)/ Contractor(S)

In case of sub-contracting, the Delhi Cantonment Board shall take the responsibility of the
adoption of integrity pact by the Sub-contractor.
(1) The Delhi Cantonment Board will enter into agreements with identical conditions
as this one with all Bidders and Contractors.
(2) The Delhi Cantonment Board will disqualify from the tender process all bidders
who do not sign this pact of violate its provisions.

Section 7– Criminal Charges against violating Bidder (S) Contractor (S) Subcontractors
(S)
If the Delhi Cantonment Board obtains knowledge of conduct of a Bidder,
Contractor or subcontractor, or of an employee or a representative or an associate of a
Bidder, Contractor or Subcontractor which constitutes corruption, or if the Delhi
Cantonment Board has substantive suspicion in this regard, the Delhi Cantonment Board
will inform the same to the Chief Vigilance Officer.

Page 28 of 34
Section 8 – Independent External Monitor

(1) The Delhi Cantonment Board appoints competent and credible Independent
External Monitor for this Pact. After approval by Central Vigilance
Commission. 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/her functions neutrally and independently. The Monitor would
have access to all contract documents, whenever required. It will be obligatory
for him / her to treat the information and documents of the Bidders /
Contractors as confidential. He /she reports to the Chief Executive Officer,
Delhi Cantonment Board.

(3) The Bidder (S) Contractor (S) accepts that the Monitor has the right to access,
without restriction to all Project documentation of the Delhi Cantonment Board
including that provided by the Contractor. The Contractor will also grant their
project documentation. The same is applicable to Sub- contractors.

(4) The Monitor is under contractual obligation to treat the information and
documents of the Bidder (S)/ Contractor (S)/ Sub-contractor (S) with
confidentiality. The Monitor has also signed declarations on Non- Disclosure of
Confidential Information and of „Absence of conflict of Interest‟. In case of
any conflict of Interest arising at a later date, the IEM shall inform the Chief
Executive Officer, Delhi Cantonment Board and recuse himself/herself from
that case.

(5) The Delhi Cantonment Board 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.

(6) As soon as the Monitor notices, or believes to notice, a violation of this

agreement, he/she will so inform the Chief Executive Officer, Delhi
Cantonment Board and request the Management to discontinue or take
corrective action, or the take other relevant action. The monitor can in the
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.

(7) The Monitor will submit a written report the Chief Executive Officer, Delhi
Cantonment Board, within 8 to 10 weeks from the date of reference or
intimation to him by the Delhi Cantonment Board and, should the occasion

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 arise, submit proposals for correcting problematic situations.

(8) If the Monitor has reported to the Chief Executive Officer, Delhi Cantonment
Board, a substantiated suspicion of an offence under relevant IPC/PC Act, and
the Chief Executive Officer, Cantonment Board, Delhi Cantonment Board 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 Central Vigilance Commissioner.

(9) The word Monitor would Include both singular and plural.

Section 9– Pact Duration

(1) This pact begins when both parties have legally signed it. It expires for the Contrractor
after the last payment under the contract, or till defect liablity period and for all other
Bidder after the contract has been awarded. Any violation of the same would entail
disqualification of the bidders and exclusion from future dealings.
(2) If any claim is made/lodged after expiry of this time, the same shall be binding and
continue to be valid despite the lapse of this pact as sepcified above, unless it is
discharged/determined by DGDE.
Section 10 – Other Provisions

(1) This agreement is subject to Indian Law. Place of performance and

jurisdiction is the Delhi Cantonment Board

(2) Changes and supplements as well as termination notices need to be

made in writing. Side agreements have not been made.

(3) If the Contractor is a partnership or consortium, this agreement 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) Issues like comprehensive Warranty / Guarantee etc. shall be outside the
purview of IEMs.

(6) In the event of any contradictions between the integrity Pact and its
Annexure, the Clause in the Integrity Pact will prevail.
Section 11 – Examination of Books of Accounts

In case of any allegation of violation of any provisions of this Integrity Pact or payment
of commission, the Principal/Owner or its agencies shall be entitled to examine the Books of
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Account of the Bidder and the Bidder shall provide necessary information of the relevant
financial documents in English and shall extend all possible help for the purpose of such
examination.

Section 12 – Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat
of the Principal/Owner.

Section 13 – Other Legal Actions

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.

Section 14 – Signing of Integrity Pact on behalf of Bidder

(a) Proprietorship concern – The Integrity Pact must be signed by the proprietor or by
an authorised signatory.
(b) Partnership firm – The Integrity Pact must be signed by all partners or by one or
more partner holding power of attorney signed by all partners.
(c) Limited Liablility firm – The Integrity Pact must be signed by all partners or by
one or more partner holding power of attorney signed by all partener.
(d) Private Limited/Limited Company – The Integrity Pact must be signed by a
representative duly authorized by Board resolution.
(e) Joint Venture – The Integrity Pact must be signed by all partners and members to
Joint Venture or by one or more partner holding power of attorney signed by all
parteners and members to the Joint Venture.
Section 15 – Other provisions

(1) 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 orginal intentions.

(2) Issues like Warranty/Gurantee etc. shall be outside the purview of IEMs.
(3) Changes and Supplements as well as termination notices need to be made in
writing.

Sections 16 – Independent Monitors

The MoD in consulation with the Central Vigilance Commission (CVC) has appointed
the following Independent External Monitors (IEMs) to oversee the implementation of the
Integrity Pact for DGDE:-
Page 31 of 34
 (a) Shri Gangaram Aloria, IAS (GJ:1981) (Retd),
e-Mail: aloriag@[Link]

(b) Sh. Sarvagya Kumar Srivastava,

Central Engineering Service Gr ‘A’ (1980) (Retd.)
e-Mail: sarvagyas@[Link]

(For & behalf of the Principal) (For & behalf of Bidder/Contractor)

(Office Seal) (Office Seal)

Place:
Dated:

Witness 1:
(Name & Address)

Witness 2:
(Name & Address)

Annexure-A
GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS

1.1 There shall be compulsory registration of agents for all global (Open) Tender and
Limited Tender. An agent who is not registered with Principal shall apply for
registration.
Page 32 of 34
1.2 Registered agents will file an authenticated Photostat copy duly attested by a
Notary Public/ Original certificate of the principal confirming the agency
agreement and giving the status being enjoyed by the agent and the commission/
remuneration/ retainer-ship being paid by the principal to the agent before the
placement of order by Principal.

1.3 Wherever the Indian representatives have communicated on behalf of their

principals and the foreign parties have stated that they are not paying any
commission to the Indian agents, and the Indian representative is working on the
basis of salary or as retainer, a written declaration to this effect should be submitted by
the party (i.e. Principal) before finalizing the order.

2.0 DISCLOSURE OF PARTICULARS OF AGENTS/ REPRESENTATIVES IN INDIA,

IF ANY.

2.1 Tenderers of Foreign nationality shall furnish the following details in their offer:

2.1.1 The name and address of the agents/representatives in India, if any and the extent of
authorization and authority given to commit the Principals. In case the
agent/representative be a foreign Company, it shall be confirmed whether it is real
substantial Company and details of the same shall be furnished.

2.1.2 The amount of commission/ remuneration included in the quoted price(s) for such
agents/representatives in India.

2.1.3 Confirmation of the Tenderer that the commission/ remuneration if any, payable to his
agents/ representatives in India, may be paid by Principal in Indian Rupees only.

2.2 Tenderers of Indian Nationality shall furnish the following details in their offers:

2.2.1 The name and address of the foreign principals indicating their nationality as well as
their status, i.e, whether manufacturer or agents of manufacturer holding the Letter of
Authority of the Principal specifically authorizing the agent to make an offer in India in
response to tender either directly or through the agents/representatives.

2.2.2 The amount of commission /remuneration included in the price(s) quoted by the
tenderer for himself.

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2.2.3 Confirmation of the foreign principals of the Tenderer that the commission/
remuneration, if any, reserved for the Tenderer in the quoted price(s), may be paid
by Principal in India in equivalent Indian Rupees on satisfactory completion of
the Project or supplies of Stores and Spares in case of operation items.

2.3 In either case, in the event of contract materializing, the terms of payment
will provide f o r payment of the commission/ remuneration, if any
payable to the agents/representatives in India in Indian Rupees on expiry of 90
days after the discharge of the obligations under the contract.

2.4 Failure to furnish correct and detailed information as called for in paragraph
2.0 above will render the concerned tender liable to rejection or in the event of a
contract materializing, the same liable to termination by Principal. Besides this
there would be a penalty of banning business dealings with Principal or damage or
payment of a named sum.

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