Form T-13

INTEGRITY PACT FORMAT

Integrity pact
(Refer clause 4.1 B (iv) of Section 2: Letter of Invitation to Consultants)
(To be executed on the plain paper and submitted along with Technical Bid/ Tender
documents for tenders having a value of Rs. 5 crore or more. To be signed by the bidder and
same signatory competent/ authorized to sign the relevant contract on behalf of the NHAI)

Tender No. ………………………………………

This integrity Pact is made at . on this_____ day of………...2023.

BETWEEN
THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI), a statutory body
constituted under the National Highways Authority of India Act, 1988, which has been
entrusted with the responsibility of development, maintenance and management of National
Highways, having its office at G- 5 & 6, Sector-10, Dwarka, New Delhi, hereinafter referred
to as "The Principal", which expression shall, unless repugnant to the meaning of contract
thereof, include its successors and permitted assigns)
AND
…………………………………………………………. hereinafter referred to as "The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)" and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.
Preamble
Whereas, the Principal intends to award, under laid down organizational procedure,
contract/s for “Consultancy Services for preparation of Detailed Project Report for
Consultancy Services for preparation of Detailed Project Report for Preparation of DPR for
Upgradation of existing road connectivity’s (NH 548A & NH753F) from 2 lane to 6 lane
till NH66 to both sides (Agardanda side & Dighi Side)(b) Bridge over creek near Waral,
connecting both Terminal Access road, in the State of Maharashtra

”. The Principal values full compliance with all relevant laws of the land, rules of land,
regulations, economic use of resources and of fairness/ transparency in its relations with its
Bidder(s) and for Contractor(s)/ Concessionaire(s)/ Consultant(s).

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And Whereas in order to achieve these goals, the Principal will appoint an Independent
External Monitors (IEMs), who will monitor the tender process and the execution of the
contract for compliance with the Principles mentioned above.

And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as "Integrity Pact") the terms and conditions of which
shall also be read as integral part and parcel of the Tender documents and contract between
the parties.
Now, therefore, in consideration of mutual covenants stipulated in this pact, the parties
hereby agree as follows and this pact witnesses as under:
Article-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 Bidder(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 all known prejudiced persons from the
process.

(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 any other Statutory Acts or if there
be a substantive suspicion in this regard, the Principal 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)/ Concessionaire(s)/

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.

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(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 Principal's
employees involved in the tender process or the execution of the contract or to any
third person any material or other benefit which he/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 not commit 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 part 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) of foreign origin

shall disclose the name and address of the Agents/ Representatives in India, if any.
Similarly, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(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)/ Concessionaire(s)/
Consultant(s). Further, all the payments made to the Indian Agent / Representative
have to be Indian Rupees only.

(e) 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.

(f) 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.

(g) 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.

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 (h) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) who have signed a
Integrity pact shall not approach the court while representing the matter to IEMs
and shall wait for their decision in the matter.

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 Article2, above or in any other form such as to put his reliability or credibility in
question, the Principal 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 Principal 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 Principal 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 minimum period of 6 months and
maximum period of 2 years.

(3) A transgression is considered to have occurred if the Principal 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
Principal's 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 Principal to the effect that a breach of the provisions of this
Integrity Pact has been committed by the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(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.

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 (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 Principal, 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 Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Article-3, the Principal shall be entitled to forfeit the amount
equal to 1% of the price quoted by the Selected Bidder apart from to suspend the
bidder from participating in the tendering process of MoRTH/ NHAI/ NHIDCL and
works under other Centrally Sponsored Schemes for a period of One Year from the
bid due date of this work including any other legal right that may have accrued to
the Principal.

(2) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant's Default. In such case, the Principal shall be entitled to
forfeit the Performance Bank Guarantee of the Contractor/ Concessionaire/
Consultant and/ or demand and recover liquidated and all damages as per the
provisions of the contract/concession agreement against Termination.

Article - 5: Previous Transgressions

(1) The 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, he can be disqualified from
the tender process or 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/ Concessionaires/ Consultants/

Subcontractors.

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 (1) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) undertake(s) to
demand from all sub-contractors a commitment in conformity with this Integrity
Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with
all Bidders/ Contractors/ Concessionaires/ Consultants and subcontractors.

(3) The Principal 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)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/
Concessionaire/ Consultant or subcontractor, or of an employee or a representative
or an associate of a Bidder/ Contractor/ Concessionaire/ Consultant or
Subcontractor, which constitutes corruption, or if the Principal has substantive
suspicion in this regard, the Principal will inform the same to the Chief Vigilance
Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed Dr. Parvez Hayat, IPS (Retd.) (Mobile: +91-
9810134469 (Email- phayatips@[Link]), Sh. Rajvir Singh, Ex. Addl. Dy. CAG,
Indian Audit & Accounts Service (Retd.), (Mobile: +91-8700466366) (E-mail:
singhrajvir@[Link]) Sh. Arun Kumar Gupta, Ex-CMD, Shipping Corporation
of India (Mobile: +91-9833880764) (Email: guptaarun55@[Link]) as
Independent External 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 Chairman,
NHAI.

(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 Principal including that provided by the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s). The Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) will also grant the Monitor, upon his request and demonstration of a
valid interest, unrestricted and unconditional access to his project documentation.
The same is applicable to Subcontractors.

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 (4) The Monitor is under contractual obligation to treat the information and documents
of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality. The Monitor
has also signed 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 Chairman, NHAI and rescue himself/ herself from that case.

(5) The Principal 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 Bidder/Contractor/
Concessionaire/ Consultant. The parties offer to the Monitor the option to
participate in such meetings.

(6) As soon as the Monitor notices, or believes, to notice any transgression as given in
Article-2, he may request the Management of the Principal to take corrective action,
or to take 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.

(7) The Monitor will submit a written report to the Chairman, NHAI within 8 to 10
weeks from the date of reference or intimation to him by the Principal and, should
the occasion arise, submit proposals for correcting problematic situations.

(8) If the Monitor has reported to the Chairman, NHAI, a substantiated suspicion of an
offence under relevant IPC/PC Act or any other Statutory Acts, and the Chairman,
NHAI 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.

Article - 9 Pact Duration

This Pact begins when both parties have legally signed it (in case of EPC i.e. for
projects funded by Principal and consultancy services). It expires for the Contractor/
Consultant 12 months after his Defect Liability Period is over or 12 months after his
last payment under the contract whichever is later and for all other unsuccessful
Bidders 6 months after this Contract has been awarded. (In case of BOT Projects) It
expires for the concessionaire 24 months after his concession period is over and for
all other unsuccessful Bidders 6 months after this Contract has been awarded. Any
violation of the same would entail disqualification of the bidder and exclusion from
future dealings.
If any claim is made/ lodged during this 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 Chairman of NHAI.

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Article - 10 Other Provisions
(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.

(2) Changes and supplements as well as termination notices need to be made in writing.

(3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a Joint

Venture partner, this pact must be signed by all partners or 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) Issue like warranty / Guarantee etc. shall be outside the purview of IEMs.

(6) In the event of any contradiction between the Integrity Pact and its Annexure, the
clause in integrity pact shall prevail.

(7) Any disputes/ differences arising between the parties with regard to term of this
pact, any action taken by the Principal in accordance with this Pact or interpretation
thereof shall not be subject to any Arbitration.

(8) 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 Principal For & On behalf of Bidder/ Contractor/
Concessionaire/ Consulting

(Office Seal)
Place……………
Date………….…

Witness 1:
(Name & Address) ________________

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 ________________
________________
Witness 2:
(Name & Address) ________________
________________
________________

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