INTEGRITY PACT
GENERAL.
1. Whereas the President of India represented by Chief Engineer (CE) here-in-after referred to as
Principal/Owner and the first part, has floated the Tender (NIT No …………………….………….……..)
and intend to award, under laid down organizational procedure, contract NAME OF WORK: PROVN
OF ROOFTOP SOLAR POWER PLANT OF 670 KW SYSTEM AT AIRFORCE STATION
UDHAMPUR
(Name of work) hereinafter referred to as works/service and M/s
_____________________________________________________________ represented by
__________________ (which term unless expressly indicated by the contract, shall be deemed to include
its successors and its assignees), hereinafter referred to as the
Bidder/Contractor and the second part is willing to carry out the works / services.
2. Whereas the Bidder is a Proprietorship Concern/Partnership Firm / Limited Liability Firm/Private
Limited company / Limited Company / Joint Venture constituted in accordance with the relevant law in
the matter and the Principal / Owner is Chief Engineer (CE) performing its function on behalf of the
President of India.
Objectives
3. Now, therefore, the Principal / Owner and the Bidder agree to enter into this pre-contract agreement,
referred to as INTEGRITY PACT (IP), to avoid all forms of corruption by following a system that is fair,
transparent and free from any influence / prejudiced dealings prior to, during and subsequent to the
conclusion of the contract to be entered into with a view to: -
3.1 Enabling the Principal / Owner to get the desired works / service at a competitive price in conformity
with the defined specifications of the Services by avoiding high cost and the distortionary impact of
corruption on public procurement.
3.2 Enabling Bidder to abstain from bribing or any corrupt practice in order to secure the contract by
providing assurance to them that their competitors will also refrain from bribing and other corrupt
practices and the Principal / Owner will commit to prevent corruption , in any form,
by their officials by following transparent procedures..
Commitments of the Principal / Owner
4. The Principal/Owner commits itself to the following: -
4.1 The Principal / Owner undertakes that, no official of the Principal / Owner connected directly or
indirectly with the contract will demand, take a promise for or accept, directly or through intermediaries,
any bribe, consideration, gift, reward, favour or any material of immaterial benefits or any other
advantage from the Bidder, either for themselves of for any person, organization 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.
4.2 The Principal / Owner 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.
4.3 All the officials of the Principal/Owner will report to the appropriate Government office any
attempt(s) or completed breach(s) of the above commitments as well as any substantial suspicion of such
a breach.
5. In case of any such preceding misconduct on the part of such officials(s) 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.
Commitments of Bidder
6. The Bidder commits himself to take all measures necessary to prevent corrupt practices unfair means
and illegal activities during any stage of his bid or during any pre-contract or post-contract stage In order
to secure the contractor in contract in furtherance to secure it, and in particular commits himself to the
following:-
6.1 Bidder will not offer, directly or through intermediaries, any bribe, gifts, consideration, reward, favour
any material or non-material benefit or other advantage, commission, fee brokerage or inducement to any
official of the Principal/Owner, connected directly or indirectly with the bidding process, or to any
person, organization or third party related to the contract in exchange for any advantage in the bidding,
evaluation contracting and implementation of the Contract.
6.2 The Bidder further undertakes that he has not given, offered or promised to give directly or indirectly
any bribe , gift, consideration , reward , favour any material or non-material benefits or other advantage ,
commission, fees brokerage or inducement to any official of the Principal/Owner or otherwise in
procuring the Contract of 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.
6.3 The Bidder will not collude with other parties interested in the contract to impair the transparency,
fairness and progress of the biddings process, bid evaluation, contracting and implementation of the
contract.
6.4 The Bidder will not accept any advantage in exchange for any corrupt practice, unfair means and
illegal activities.
6.5 The Bidder would not enter into conditional contract with any Agent(s), broker(s) or any other
intermediaries wherein payment is made or penalty is levied directly or indirectly, on success or failure of
the award of the contract.
6.6 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 not 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 construed as a violation of integrity Pact.
7. Previous Transgression
7.1 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 respect of any corrupt practices envisaged
hereunder or with any Public Sector Enterprise in India or any Government Department in India.
7.2 If the Bidder makes incorrect statement on this subject, bidder can be disqualified from tender process
or the contract and if already awarded, same can be terminated for such reason.
8 Company Code of Conduct
8.1 Bidders are advised to have a company code of conduct ( clearly rejecting the use of bribes and other
unethical behavior ) and a compliance program for the implementation of the code of conduct
throughout the country.
9 Sanction for Violation
9.1 Any breach of the aforesaid provisions by the Bidder or any one employed by him or acting on his
behalf (whether with or without the knowledge of the Bidder) or the commission of any offence by the
Bidder or any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal
Code 1860 or the Prevention of Corruption Act 1988 or any other act enacted for the prevention of
corruption shall entitle the Principal/Owner to take all or any one of the following actions, wherever
required:-
(i) Technical bid of the Bidder will not be opened. Bidder will not be entitled to or given any
compensation. However, the proceedings with the other Bidder(s) would continue.
(ii) Financial bid of the Bidder will not be opened, Bidder will not be entitled to or given any
compensation. However, the proceedings with the other Bidder(s) would continue
(iii) The Earnest Money Deposit shall stand forfeited either fully or partially, as decided by the Principal
Owner, in case contract is not awarded to the Bidder and the Principal/Owner shall not be required to
assign any reason therefore. For enlisted contractors an amount less than or equal to Earnest Money
Deposit as decided by the Principal/Owner shall be deducted from any amount held with the Department /
any payment due.
(iv) To immediately cancel the contract, if already concluded /awarded without any compensation to the
Bidder.
(v) To encash the Performance Security furnished by the Bidder
(vi) To encash all or any other Contract(s) with the Bidder.
(vii) To temporarily suspend or temporarily debar/permanently debar the bidder as per the extent policy.
(viii) If adequate amount is not available in the present tender / Contract, the deficient amount can be
recovered from any outstanding payment due to the Bidder from the Principal/Owner in connection with
any other contract for any other works / services.
(ix) If the Bidder or any employee of the Bidder or any person acting on behalf of the Bidder, either
directly or indirectly, is closely related to any of the officers of the Principal / Owner, or alternatively if
any close relative of an officer of the Principal/Owner has financial interest/stake in the bidder’s firm, the
same shall be disclosed by the Bidder at the time of submission of tender. Any failure to disclose the
interest involved shall entitle the Principal / Owner to debar the Bidder from the bid process or rescind the
contract without payment of any compensation to the Bidder. The term ‘close relative’ for the purpose
would mean spouse whether residing with the Government servant or not, but does not include a spouse
separated from the Government servant by a decree or order of a competent Court. , son or daughter or
step son or step daughter and wholly dependent upon government servant, but does not include a child or
step child who is no longer in any way dependent upon the government servant or of whose custody the
Government servant has been deprived of by or under any law any other person related, whether by blood
or marriage, to the Govt servant or to the Government servant’s wife or husband and wholly dependent
upon Government servant.
(x) 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 Principal / Owner and if he does so, the
Principal / Owner shall be entitled forthwith to cancel the contract and all other contracts with the Bidder
9.2. The decision of the Principal / Owner to the effect that a breach of the provision of this integrity Pact
has been committed by the Bidder shall be final and binding on the Bidder. However, the Bidder can
approach the independent External Monitor(s) (IEMs) appointed for the purposes of this Pact.
10. Independent External Monitors (IEMs)
10.1 MoD has appointed the following Independent External Monitors for this Pact in consultation with
the Central Vigilance Commission:-
SI NO Name of IEM e-mail id
1 Shri Narayan Murthy Ganapathy IFOS Gana_narayan@[Link]
(Retd)
2 Shri Lalatendu Mohanti, IPS(Retd) [Link]@[Link].