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IFCI LTD
CORPORATE COMMUNICATIONS DEPARTMENT
TENDER FOR ENGAGEMENT OF COURIER AGENCY
FOR DISPATCH OF
IFCI’S
ANNUAL REPORTS 2014-15
LAST DATE FOR SUBMISSION
OF BIDS
: JUNE 29, 2015 upto 10:00 am
1
NOTICE INVITING SEALED QUOTATIONS FROM COURIER SERVICE AGENCIES
FOR DISPATCH OF IFCI’S ANNUAL REPORTS
IFCI Ltd invites sealed tenders from registered and reputed courier service agencies for
dispatch of IFCI’s Annual Reports 2014-15. Only those agencies who fulfill prequalification criteria will be considered.
PRE-QUALIFICATION CRITERIA:
Sl. No.
a)
Criteria
Minimum experience of providing courier services: 20 years (certificate of
incorporation of Memorandum /Article of Association along with documentary
proof to be enclosed).
b)
Network: Should have delivery services facility across India and abroad.
c)
Should be empanelled with/have executed job as Courier services provider for at
least three PSUs/Nationalized Banks/other institutions during the past five
financial years (Documentary Proof of empanelment/work order to be enclosed).
d)
Should have turnover of minimum Rs.10 crore for each year during last three
financial year (balance sheet to be attached of FY 2011-12, 2012-13 & 2013-14).
e)
Should have its own website with online tracking facility for tracking the delivery
status of annual reports/consignment.
f)
Should be able to provide 24X7 customer service helpline and support (Details to
be furnished in company letter head).
2. Tender form can be downloaded from our website: www.ifciltd.com. Duly completed
tender in sealed cover superscribed “QUOTATIONS FOR COURIER SERVICE AGENCIES
FOR DISPATCH OF IFCI’S ANNUAL REPORTS (FY 2014-15) “ should be submitted to Shri
Vijay Pal, General Manager, Corporate Communications Department, IFCI Tower, 61
Nehru Place, New Delhi-110019 on or before 10:00 am on June 29, 2015. A tender box
has been kept at Ground Floor at the address mentioned above. Technical bids will be
opened in the office of IFCI Ltd, 61 Nehru Place, New Delhi-19 on June 29, 2015 at
11:00 am.
3. IFCI reserves the right to accept or reject any/all the bids without assigning any
reason whatsoever.
2
QUOTATIONS FROM COURIER SERVICE AGENCIES FOR DISPATCH OF
ANNUAL REPORT FOR FY 2014-15
Ref: Advertisement dated
We wish to introduce ourselves as courier agencies and request you to consider our
quotation for providing courier services for dispatch of Annual Report for FY 2014-15.
your office. We furnish hereby the required information about our firm/company and
business:
1. a) Name of the firm/company and full addresses of
Head Office and branch/office in Delhi:
Name:
Address:
b) Telephone No./Mobile No.:
c) Date of establishment:
e) E‐mail id of the firm:
2. a) Registration and License Number:
(Please provide relevant document)
b) Full name/s and addresses of Proprietor/
Partners/Directors:
3. Name and addresses of branches/associates
of the firm/company:
a)
b)
c)
(Separate list may be enclosed in case the space provided is not sufficient)
4. Details of the Representative, who will deal with IFCI:
Name
Designation
Tel/Mob:
Email:
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5. Annual Turnover of last three years (Rs.10 crore)
2011‐12 2012‐13 ‐
2013‐14 (Attach annual audited balance sheet of FY 2011-12, 2012-13 & 2013-14)
6. EMD by way of DD/Pay Order No…………………..Dated……………………drawn
on…………………….
7. Number of Offices/outlets throughout India:
(Attach a list)
8. The details of at least three contracts which the firm/
company had/has with Other Banks/Public Sector undertakings/
other Institution for courier services in the preceding
five financial years i.e. from FY 2009‐10 to FY 2013‐14.
(Please provide name of the entity, period and value of
the contract, Volume (Nos.) of the annual reports dispatched,
geographical coverage of the entities)
9. Other information, if any:
(Please attach sheets, if necessary)
Note: In the event of any dispute or any other issue, the legal proceedings will be at
Delhi only.
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DECLARATION OF THE APPLICANT
We hereby confirm that the information furnished herein above is true to the best of
our knowledge and belief. You are free to call for confidential opinion from any one
as also from our client as you deem fit. We also certify that, we have understood all
the terms and conditions indicated in the tender document and hereby accept the
same.
Yours faithfully,
Authorized signatory
Name
Place:
Date:
Documents required in Part I:
i) Tender Document duly filled in
ii) Earnest Money Deposit
ii) Supporting documents in respect of qualification criteria as mentioned in the
tender documents.
iii) Terms and conditions duly signed on each page
iv) Sealed Cover/s containing Part II - Price Bid.
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To
The General Manager
Corporate Communications
IFCI Ltd
IFCI Tower
61 Nehru Place
New Delhi-110019
Dear Sir
QUOTATION FROM COURIER SERVICE AGENCIES FOR DISPATCH OF
ANNUL REPORT OF IFCI FOR FY 2014-15
Having examined the conditions specified in the memorandum herein set out and
acquired the requisite information relating thereto as affecting the tender, we hereby
offer to provide courier services specified in the tender document in accordance with
such conditions as may be applicable.
Description of work
To dispatch annual reports of IFCI with in India and
nominal quantity to abroad. To be Picked up from
printers location.
Estimated quantity
Around 3.93 lakh (tentative)
Tenure
Ten days
2. Should this tender be accepted, we hereby agree to abide by and fulfil all the
terms and conditions of the said Contract.
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Part-II
PRICE BID FOR COURIER SERVICE
i. Name and address of the Courier Service Provider:-----------------------------------------------------------------------------------weight of Annual Report (FY 2014-15) between 150 gm to 200 gm
S.No.
Destination
Rate ( Rs.)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
DELHI
DELHI (NCR)
CHANDIGARH
LUCKNOW
JAIPUR
AHMEDABAD
MUMBAI
PANAJI
PUNE
BHOPAL
HYDERABAD
BANGALORE
CHENNAI
KOCHI
KOLKATA
BHUBANESWAR
GUWAHATI
PATNA
Rest of India
Note:
1. L-1 will be determined on the basis of the rates quoted for the slab
mentioned above.
2. Certified that:
b) Above offer is valid for 6 months from the last date of submission of the
quotations.
Signature of the Authorised signatory
Name of the Firm………………
Place:…………………………
Date:…………….……………
Address………………………
(with rubber stamp of the firm)
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Quotation for dispatch of Annual Report for FY 2014-15
through courier service providers
Terms and Conditions of the contract
Sealed tenders are invited from reputed courier agencies/ firms with relevant
experience and having wide network and necessary infrastructure across the country
for engagement of courier service agency for dispatch of IFCI’s Annual Report 201415 within India and vary few copies in abroad.
1. Pre‐Qualification criteria:
Sl. No. Criteria
a)
Minimum experience of providing courier services: 20 years (certificate of
incorporation of Memorandum /Article of Association along with documentary
proof to be enclosed).
b)
Network: Should have delivery services facility across India and abroad
c)
Should be empanelled with/have executed job as Courier services provider for
at least three PSUs/Nationalized Banks/other institutions during the past five
financial years (Documentary Proof of empanelment/work order to be
enclosed)
d)
Should have turnover of minimum Rs.10 crore for each year during last three
financial year (Attach balance sheet of FY 2011-12, 2012-13 and 2013-14) duly
signed by Statutory Auditors.
e)
Should have its own website with online tracking facility for tracking the
delivery status of annual report
f)
Should be able to provide 24X7 customer service helpline and support (Details
to be furnished in company letter head)
2. Procedure for tenders:
The tenders for the courier services will be submitted in two parts i.e.
a) Technical Bid ‐ Part‐I – This will contain the IFCI’s terms and conditions for
dispatch (Rates of dispatch shall not appear anywhere in this part) with
tenders’ covering letter.
b) All the columns in the proforma should be duly filled in and supporting
documents, audited balance sheet, proof of date of commencement of
Business, Photostat copies of the job award letters from at least three
customers being provided Courier services along with list of such customers
etc. Each page of the tender document including attachments should be
duly signed by the authorized signatory (who has signed the Bid),
and enclosed with the Technical Bid in token of bidder’s confirmation to
accept the terms and conditions and other provisions contained in it. The bid
is to be sealed in one cover, superscribed “Part‐I Quotations for dispatch of
Annual Reports 2014-15” alongwith earnest money deposit as mentioned at
e) at page 9 (to be kept in separate envelope). Incomplete Bid shall not be
considered and will be summarily rejected.
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c) Price Bid ‐ Part‐II – This will contain only rates in Indian Rupees in figures
and should be sealed in a separate cover, superscribed “Part‐II Quotation for
dispatch of Annual Report for FY 2014-15”. No other enclosure is permitted in
Part II. Change in the terms and conditions and technical deviations, if any,
found in Part II of the tender will not be taken into account and will be
treated as null and void. Any information and enclosure other than prices
against the centers appearing in Part II shall not be considered for evaluation.
d) Part I and Part II in separate sealed covers, will further be sealed in another
envelope addressed to Shri Vijay Pal, General Manager, 17th Floor, IFCI
Tower, 61 Nehru Place, New Delhi-110019 and delivered by 10:00 a.m. on or
before June 29, 2015. A box has been kept on the Ground Floor at the
address mentioned above for this purpose.
e) The earnest money deposit (EMD) of Rs.3.00 lakh (Rupees three lakh only)
should accompany with the Technical bid document inside a signle envelope.
The EMD shall be paid in the form of Demand Draft/Banker’s Cheque from a
Nationalized bank/Scheduled commercial bank in favor of “IFCI Ltd” payable
at New Delhi. Such EMD shall not carry any interest. Any bid not
accompanied by requisite EMD shall be deemed to be invalid and will
be rejected by IFCI.
The EMD shall be forfeited:
i)
If the successful bidder withdraws his bid during the period of bid validity and
after confirmation of the bid in his favour or any of the participating bidder
withdraws from the bidding process before the confirmation of the bid in his
favour.
ii) In the case of successful bidder, if he fails to furnish the required Performance
Guarantee within the specified time limit.
f) In case the successful bidder fails to accept Letter of Acceptance within the
stipulated period mentioned in letter of award, besides forfeiting of EMD, the
bidder shall not be considered for participation in the bidding process for next
three years.
g) The EMD of successful bidder shall be retained towards making of the security for
the performance of the contract and shall only be discharged after submission of the
required Performance Guarantee.
h) The bid shall remain valid for a period of 6 months from the date of opening of
the bid.
The tenderer must use only the form downloaded from our website. The tender form
must be filled in English. No request for any change in terms and conditions after the
opening of the part II tender will be entertained. The rates quoted shall be binding
without any escalation whatsoever till six months.
3.1 EMD of successful bidder shall be discharged after receipt and acceptance of
the Performance Guarantee towards full Security Deposit in the valid format. EMD of
unsuccessful bidders shall be discharged after award of work to the successful
bidder.
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3.2 The performance guarantee provided by the successful bidder may be in the
form of a bank guarantee from a Nationalized bank/Scheduled commercial bank in
favour of IFCI Ltd, payable at New Delhi (as per format given in Annexure-I) and
should be valid for the period of contract from the date of issue.
4. CONCILIATION/ARBITRATION:
4.1 If any dispute(s) or difference(s) of any kind whatsoever arise between the
Parties, the Parties hereto shall negotiate with a view to its amicable resolution and
settlement through a committee appointed by IFCI.
4.2 In the event of no amicable resolution or settlement is reached between the
parties within 30 days after receipt of notice by one party, then the disputes or
differences detailed above, shall be referred to and settled by the Sole Arbitrator to
be appointed by IFCI.
4.3 Notwithstanding the existence or any dispute or differences and/or reference for
the arbitration, the Contractor shall proceed with and continue without hindrance the
performance of the work under the contract with due diligence expedition in a
professional manner and the payment due to the Contractor shall not be withheld on
account of such difference of arbitration proceedings unless such payment is a
subject matter of the arbitration.
4.4 The arbitration proceedings shall be in accordance with the prevailing Arbitration
and Conciliation Act, 1996 and Laws of India as amended or enacted from time to
time.
4.5 The venue of the arbitration shall be New Delhi, India. The fee & other charges
of Arbitrator shall be determined by the arbitrator in terms of the Act and shall be
shared equally between the parties.
4.6 The arbitrator will give the speaking and the reasoned Award. The parties will not
be entitled to any pendente-lite interest during arbitration proceedings.
5. Schedule of opening of tenders
Part I of the tender will be opened at 11:00 am on June 29, 2015 in the presence of
the authorized representative of the tenderers who choose to be present. Price bid
(Part II) of only such of those tenderers, who are found eligible after scrutiny of their
Part I of the tender, will be opened in due course which will intimated to all the
eligible tenderers.
6. Terms of Payment
On completion of entire dispatch payment will be made within 60 days from date of
completion of dispatch.
7 .Duties and Responsibilities of the Courier Service Provider
Labelling of address on the annual reports will be done by the printer in
co-ordination with the courier agency.
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The Authorized representative of Courier agency will collect annual reports from
printing press daily on all working days and also on holidays.
The annual reports given by IFCI to the Courier Service Provider should be delivered
with utmost safety and security. The Agency should take utmost care not to
leak/divulge any information of the addressee or the contents of the annual reports
so dispatched to any third party. In case of any occurrence of damage, theft,
pilferage in transit, the responsibility shall be that of the Courier Service Provider.
The cost of the material and loss of time shall be recovered from them.
FORCE MAJEURE: Neither party shall be liable for any delay in performing
obligations or for failure to perform obligations if the delay or failure results from any
of the following (whether happening in India or elsewhere) FORCE MAJEURE, Act of
God or any governmental Act, fire, earthquake, explosion, accident, industrial
dispute, civil commotion or anything beyond the control of either party. The parties
hereto shall make all reasonable endeavors to minimize any such delay. Upon
cessation of the event giving rise to the delay, the parties shall, in so far as may be
practicable under the circumstances, complete performance of their respective
obligations as described in these terms and conditions.
8. The courier agency will ensure that all the annual reports are delivered to the
recipient(s) to whom it is meant for and in no case is delivered to anybody other
than the intended recipient(s). The courier agency will arrange to deliver the annual
report within 24 hours in all major cities which are connected by Air and within 48
hours for other cities.
9. The successful bidder shall furnish bank guarantee of 10% of the total
contract value (Annexure-I).
10. The Courier agency will furnish proof of delivery.
11. The Courier agency will return the undelivered annual reports within two weeks
to IFCI.
12. The quantities mentioned in the financial offer are tentative for evaluation of
tender only. Actual quantities may vary.
13. The offer should be valid for a minimum period of six months from the date of
opening of financial bid.
14. The agency shall be solely responsible for compliance with the provisions of all
central and state laws, various taxes (Income tax, sales tax, service tax, etc.), labor
and industrial laws, such as minimum wages, compensation, EPF, Bonus, Gratuity,
etc. relating to persons deployed for providing services to RBI.
15. Assignment
The whole dispatch the works included in the contract shall be executed by the
bidder and the bidder shall not directly or indirectly transfer, assign or sublet the
contract or any part, share or interest therein without written consent of IFCI.
Notwithstanding the above, the decision of IFCI to grant such permission shall be
final and binding on the bidder.
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16. Miscellaneous:
i. Interested tenderers can attend tender opening process.
ii. All pages of the bid including all enclosures should be numbered (except printed
leaflets/catalogue) and must be duly filled in, signed and stamped by the bidder or
his authorized representative. Offers received without signature and seal on all pages
are liable to be rejected.
iii. Bidders are requested to see our website www.ifciltd.com regularly before due
date of submission for changes if any which may be uploaded subsequently in
respect of this tender.
iv. The courier agency will have to enter an Integrity Pact, as proforma enclosed at
Annexure –II.
v. The courier agency will also undertake to be present alongwith proof of delivery
data at the time/venue of Annual General Meeting.
vi. IFCI reserves the right to reject any or all the bids without assigning any reason
thereof and also reserves the right to reissue tender if required.
XXX
12
Annexure-I
Proforma towards Bank Guarantee
Ref. No………………………………….
Bank Guarantee No………………………
Dated………………………………………
To
IFCI Limited
Dear Sirs,
In consideration of IFCI Ltd, IFCI Tower, 61 Nehru Place, New Delhi-110019 (hereinafter
called the "IFCI" which expression shall unless repugnant to the subject or context include its
successors and assigns) having entered
into an agreement dated_____________ (hereinafter
called 'the Contract' which expression shall include all the amendments thereto) with
M/s_________________________________
having
its
registered/head
office
at_________________ _______________________________(hereinafter referred to as the
'Contractor') which expression shall, unless repugnant to the context or meaning thereof include
all its successors, administrators, executors and assignees) and IFCI having agreed that the
Contractor shall furnish to IFCI a performance guarantee for Indian Rupees
_________________________for the faithful performance of the entire contract.
2. We (name of the bank) ______________________________________ registered
under
the_____________________________________________________________having
head/registered office at _______________________________________ and one of its branch at
_______________________________________________________(hereinafterreferred to as "the
Bank", which expression shall, unless repugnant to the context or meaning thereof, include all its
successors, administrators, executors and permitted assignees) do hereby guarantee and
undertake to pay immediately on first demand in writing any/all moneys to the extent of Indian
Rs.________________________ (in figures) ______________________ [Indian
Rupees/(in
words)___________________ __________________________________ ] without any
demur,
reservation, contest or protest and/or without any reference to the Contractor. Any such demand
made by IFCI on the Bank by serving a written notice shall be conclusive and binding, without
any proof, on the bank as regards the amount due and payable, notwithstanding any dispute(s)
pending before any Court, Tribunal, Arbitrator or any other authority and/or any other matter or
thing whatsoever, as liability under these presents being absolute and unequivocal. We agree that
the guarantee herein contained shall be irrevocable and shall continue to be enforceable until it is
discharged by IFCI in writing. This guarantee shall not be determined, discharged or affected by
the liquidation, winding up, dissolution or insolvency of the Contractor and shall remain valid,
binding and operative against the bank.
3. The Bank also agrees that IFCI at its option shall be entitled to enforce this Guarantee against
the Bank as a principal debtor, in the first instance, without proceeding against the Contractor
and notwithstanding any security or other guarantee that IFCI may have in relation to the
Contractor's liabilities.
4. The Bank further agrees that IFCI shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms and conditions of the
said contract or to extend time of performance by the said Contractor from time to time or to
postpone for any time or from time to time exercise of any of the powers vested in IFCI against
the said Contractor and to forbear or enforce any of the terms and conditions relating to the said
agreement and we shall not be relieved from our liability by
Please sign on each page
13
18
reason of any such variation, or extension being granted to the said Contractor or for any
forbearance, act or omission on the part of IFCI or any indulgence by IFCI to the said Contractor
or any such matter or thing whatsoever which under the law relating to sureties would, but for
this provision, have effect of so relieving us.
5. The Bank further agrees that the Guarantee herein contained shall remain in full force
during the entire period that is taken for the performance of the contract and all dues of IFCI
under or by virtue of this contract have been fully paid and its claim satisfied or discharged or till
IFCI discharges this guarantee in writing, whichever is earlier.
6.
This Guarantee shall not be discharged by any change in our constitution, in the
constitution of IFCI or that of the Contractor.
7.
The Bank also agrees that this guarantee shall be governed and construed in accordance
with Indian Laws and subject to the exclusive jurisdiction of Courts in Delhi.
8.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
limited
to
Indian
Rs.(in
figures)________________Indian
Rupees/(in
words)
[_________________________ ] and our guarantee shall remain in force until 31.10.2015. In
case of any delay in delivery, Performance Guarantee will be suitably extended.
Any claim under this Guarantee must be received by us before the expiry of this Bank Guarantee.
If no such claim has been received by us by the said date, the rights of IFCI under this Guarantee
will cease. However, if such a claim has been received by us within the said date, all the rights of
IFCI under this Guarantee shall be valid and shall not cease until we have satisfied that claim.
In witness whereof, the Bank through its authorized officer has set its hand and
stamp on this…………………..day of 2015 at ...........................
.
WITNESS NO. 1
_________________________
________________________
(Signature)
Full name and official
address (in legible letters)
(Signature)
Full name, Designation and Address
(in legible letters) with Bank stamp
Attorney as per Power of
Attorney No.___________Dated ________
WITNESS NO. 2
____________________
(Signature)
Full Name and Official
Address (in legible letters)
Please sign on each page
14
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Annexure – II
INTEGRITY PACT
(To be executed on plain paper and submitted along with Technical Bid for Tenders having a
value of Rs.25 Lakh or more. To be signed by the same signatory competent/ authorized to sign
the relevant contract on behalf of IFCI Ltd.)
(____________________Name of the Department / Offices)
Tender No. CCD/AR 2014-15/02 for dispatch of Annual Reports 2014-15
This pre-bid pre-contract Integrity Pact (Agreement) (hereinafter called the Integrity Pact) (IP) is
made on ______ day of the ___________ 2015, between, on one hand, IFCI Ltd., a company
incorporate under Company Act, 1956, with its Registered Office at IFCI Tower, 61, Nehru Place,
New Delhi – 110 019, acting through its authorized officer, (hereinafter called Principal), which
expression shall mean and include unless the context otherwise requires, his successors in office
and assigns) of the First Part
And
M/s. _______________________________ represented by Shri
______________________________________________ (i.e. Vendors / Bidders hereinafter called
the `Counter Party’ ) which expression shall mean and include , unless the context otherwise
requires, his successors and permitted assigns) of the Second Part.
AND WHEREAS the PRINCIPAL/Owner values full compliance with all relevant laws of the land,
rules, regulations economic use of resources and of fairness / transparency in its relation with
Bidder(s) /Contractor(s) / Counter Party(ies).
AND WHEREAS, in order to achieve these goals, the Principal / Owner has appointed Independent
External Monitors(IEM) to monitor the Tender process and the execution of the Contract for
compliance with the principles as laid down in this Agreement.
WHEREAS THE Principal proposes to procure the Goods / services and Counter Party is willing to
supply/has promised to supply the goods OR to offer/ has offered the services and
WHEREAS the Counter Party is a private Company / Public Company / Government Undertaking /
Partnership, constituted in accorded with the relevant law in the matter and the Principal is a
Government controlled Company performing its functions as a registered Public Financial
Institution regulated by RBI in terms of NBFC-ND-SI.
NOW THEREFORE,
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 tenor of the contract to be
entered into with a view to “Enabling the PRINCIPAL to obtain the desired goods / services at competitive price in conformity
with the defined specifications by avoiding the high cost and the distortionary impact of
corruption on public procurement, and
Enabling the Counter Party to abstain from bribing or indulging in any type of corrupt practice in
order to secure the contract by providing assurance to them that their competitors will also
15
abstain from bribing and other corrupt practices and the PRINCIPAL will commit to prevent
corruption, in any form, by its officials by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:I. Commitment of the Principal / Owner
1. The Principal Owner commits itself to take all measures necessary to prevent corruption
and to observe the following principles :a) No employee of the Principal / Owner, personally or through any of his / her family
members, will in connection with the Tender or the execution of the contract,
procurement or services / goods, demand, take a promise for or accept for self or
third person, any material or immaterial benefit which the person not legally entitled
to.
b) The Principal / Owner will, during the Tender Process treat all Bidder(s)/Counter
Party(ies) with equity and reason. The Principal / Owner will, in particular, before and
during the Tender Process, provide to all Bidder(s) / Counter Party (ies) the same
information and will not provide to any Bidder(s)/Counter Party (ies) confidential /
additional information through which the Bidder(s)/Counter Party (ies) could obtain
an advantage in relation to the Tender Process or the Contract execution.
c) The Principal / Owner shall endeavor to exclude from the Tender process any person,
whose conduct in the past been of biased nature.
2.
If the Principal / Owner obtains information on the conduct of any of its employees which
is a criminal offence under the Indian Penal Code (IPC) / Prevention of Corruption Act, 1988 (PC
Act) or is in violation of the principles herein mentioned or if there is a substantive suspicion in
this regard, the Principal / Owner / IFCI will inform the Chief Vigilance Officer and in addition can
also initiate disciplinary actions as per its internal laid down policies and procedures.
II. Commitments of Counter Parties
1. The Counter Party commits itself to take all measures necessary to prevent corrupt
practices, unfair means and illegal activities during any stage of bid or during any precontract stage in order to secure the contract or in furtherance to secure it and in
particular commit itself to the following. Counter Party (ies) / Bidders commits himself to
observe these principles during participation in the Tender Process and during the
Contract execution.
2. The Counter Party will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the PRINCIPAL, connected
directly or indirectly with the bidding process, or to any person organization or third party
16
related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the contract.
3. The Counter Party further undertakes that it has not given, offered or promised to give
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to any
official of the Principal / IFCI or otherwise in procurement the Contract or forbearing to
do or having done any act in relation to the obtaining or execution of the contract or any
other contract with the Principal / IFCI for forbearing to show favour or disfavor to any
persion in relation to the contract or any other contract with the Principal / IFCI.
4. Bidder / Counter Party shall disclose the name and address of agents and representatives,
if any, handling the procurement / service contract .
5. Bidder / Counter Party shall disclose the payments to be made by them to agents /
brokers; or any other intermediary if any, in connection with the bid / contract.
6. The Bidder / Counter Party has to further confirms and declares to the Principal / IFCI
that the Bidder / Counter Party is the original integrator and has not engaged any other
individual or firm or company, whether Indian or foreign to intercede, facilitate or in any
way to recommend to Principal / IFCI or any of its functionaries whether officially or
unofficially to the award of the contract to the Bidder / Counter Party nor has any amount
been paid, promised or intended to the be paid to any such individual, firm or company in
respect of any such intercession, facilitation or recommendation.
7. The Bidder / Counter Party has to submit a Declaration along with Technical Bid, as given
at Annexure II. If bids are invited through a Consultant a Declaration has to be
submitted along with the Technical Bids as given at Annexure III.
8. The Bidder / Counter Party, either while presenting the bid or during pre- contract
negotiation or before signing the contract shall disclose any payments made, is committed
to or intends to make to officials of IFCI/Principal, or their family members, agents,
brokers or any other intermediaries in connection with the contract and the details of
services agreed upon for such payments.
9. The Bidder / Counter Party will not collude with other parties interested in the contract to
impair the transparency, fairness and progress of bidding process, bid evaluation,
contracting and implementation of the Contract.
10. The Bidder / Counter Party shall not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.
11. The Bidder shall not use improperly, for purposes of competition or personal gain, or pass
on to others, any information provided by the Principal / IFCI as part of the business
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relationship, regarding plans, technical proposals and business details, including
information contained in any electronic data carrier. The Bidder / Counter Party also
undertakes to exercise due and adequate care lest any such information is divulged.
12. The Bidder / Counter Party commits to refrain from giving any complaint directly or
through any other manner without supporting it with full and verifiable facts.
13. The Bidder / Counter Party shall not instigate to cause to instigate any third person
including their competitor(s) of bidding to commit any of the actions mentioned above.
14. If the Bidder / Counter Party or any employee of the Bidder or any person acting on behalf
of the Bidder / Counter Party, either directly or indirectly, is a relative of any of the officials
/ employees of Principal / IFCI, or alternatively, if any relative of an officials / employees of
Principal / IFCI has financial interest / stake in the Bidder’s / Counter Party firm, the same
shall be disclosed by the Bidder / Counter Party at the time of filing of tender.
15. The term `relative’ for this purpose would be as defined in Section 2 Sub Section 77 of the
Companies Act, 2013.
16. The Bidder / Counter Party shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employees / officials of
the Principal / IFCI.
17. The Bidder / Counter Party declares that no previous transgression occurred in the last
three years immediately before signing of this IP, with any other Company / Firm/ PSU/
Departments in respect of any corrupt practices envisaged hereunder that could justify
Bidder / Counter Party exclusion from the Tender Process.
18. The Bidder / Counter Party agrees that if it makes incorrect statement on this subject,
Bidder / Counter Party can be disqualified from the tender process or the contract, if
already awarded, can be terminated for such reason.
III.
Disqualification from Tender Process and exclusion from Future Contracts
1. If the Bidder(s) / Contractor(s), either before award or during execution of Contract has
committed a transgression through a violation of Article II above or in any other form,
such as to put his reliability or credibility in question, the Principal / IFCI is entitled to
disqualify the Bidder / Counter Party / Contractor from the Tender Process or terminate
the Contract, if already executed or exclude the Bidder / Counter Party / Contractor from
future contract award processes. The imposition and duration of the exclusion will be
determined by the severity of transgression and determined by Principal / IFCI. Such
exclusion may be for a period of 1 year to 3 years as per the procedure prescribed in
guidelines of the Principal / IFCI.
2. The Bidder / Contractor / Counter Party accepts and undertake to respect and uphold the
Principal / IFCI’s absolute right to resort to and impose such exclusion.
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3. Apart from the above, the Principal / IFCI may take action for banning of business
dealings / holiday listing of the Bidder / Counter Party / Contractor as deemed fit by the
Principal / Owner / IFCI.
4. The Bidder / Contractor / Counter Party can prove that it has resorted / recouped the
damage caused and has installed a suitable corruption prevention system, the Principal /
Owner/IFCI may at its own discretion, as per laid down organizational procedure, revoke
the exclusion prematurely.
IV. Consequences of Breach
Without prejudice to any rights that may be available to the Principal / IFCI / Owner under
Law or the Contract or its established policies and laid down procedure, the Principal / IFCI /
Owner shall have the following rights in case of breach of this Integrity Pact by the Bidder /
Contractor(s) / Counter Party:1. Forfeiture of EMD / Security Deposit : If the Principal / IFCI / Owner has disqualified the
Bidder(s)/Counter Party(ies) from the Tender Process prior to the award of the Contract
or terminated the Contract or has accrued the right to terminate the Contract according
the Article III, the Principal / IFCI / Owner apart from exercising any legal rights that may
have accrued to the Principal / IFCI / Owner, may in its considered opinion forfeit the
Earnest Money Deposit / Bid Security amount of the Bidder / Contractor / Counter Party.
2. Criminal Liability : If the Principal / Owner / IFCI obtains knowledge of conduct of a Bidder
/ Counter Party / Contractor, or of an employee of a representative or an associate of a
Bidder / Counter Party / Contractor which constitute corruption within the meaning of PC
Act, or if the Principal / Owner / IFCI has substantive suspicion in this regard, the
Principal / IFCI / Owner will inform the same to the Chief Vigilance Officer.
V. Equal Treatment of all Bidders/Contractors / Subcontractors / Counter Parties
1. The Bidder(s) / Contractor(s) / Counter Party (ies) undertake (s) to demand from all
subcontractors a commitment in conformity with this Integrity Pact. The Bidder /
Contractor / Counter-Party shall be responsible for any violation(s) of the principles
laid down in this Agreement / Pact by any of its sub-contractors / sub-vendors.
2. The Principal / IFCI / Owner will enter into Pacts on identical terms as this one with
all Bidders / Counterparties and Contractors.
3. The Principal / IFCI / Owner will disqualify Bidders / Counter Parties / Contractors
who do not submit, the duly signed Pact, between the Principal / Owner / IFCI and
the Bidder/Counter Parties, along with the Tender or violate its provisions at any
stage of the Tender process, from the Tender process.
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VI. Independent External Monitor (IEM)
1. The Principal / Owner / IFCI has appointed competent and credible Independent External
Monitor (s) (IEM) 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
Integrity Pact.
2. The IEM is not subject to instructions by the representatives of the parties and performs
his functions neutrally and independently. He reports to the Chief Executive Officer and
Managing Director, IFCI Ltd.
3. The Bidder(s)/Contractor(s) / Counter Party(ies) accepts that the IEM has the right to
access without restriction, to all Tender documentation related papers / files of the
Principal / IFCI / Owner including that provided by the Contractor(s) / Bidder / Counter
Party. The Counter Party / Bidder / Contractor will also grant the IEM, upon his request
and demonstration of a valid interest, unrestricted and unconditional access to his or any
of his Sub-Contractor’s Tender Documentation / papers / files. The IEM is under
contractual obligation to treat the information and documents of the Bidder(s) /
Contractor(s) / Sub-Contractors / Counter Party(ies) with confidentiality.
4. In case of tenders having value of 5 crore or more, the Principal / IFCI / Owner will provide
the IEM sufficient information about all the meetings among the parties related to the
Contract/Tender and shall keep the IEM apprised of all the developments in the Tender
Process.
5. As soon the IEM notices, or believes to notice, a violation of this Pact, he will so inform
the Management of the Principal / Owner / IFCI and request the Management to
discontinue or take corrective action, or to take other relevant action. The IEM can in this
regard submit non-binding recommendations. Beyond this, the IEM has no right to
demand from the parties that they act in a specific manner, refrain from action or tolerate
action.
6. The IEM will submit a written report to the CEO&MD, IFCI Ltd. within 6 to 8 weeks from
the date of reference or intimation to him by the Principal / Owner / IFCI and should the
occasion arise, submit proposals for correcting problematic situations.
7. If the IEM has reported to the CEO&MD, IFCI Ltd. a substantiated suspicion of an offence
under the relevant IPC/PC Act, and the CEO&MD, IFCI Ltd. has not within reasonable
time taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the IEM may also transmit the information directly to the Central
Vigilance Commissioner.
8. The word `IEM’ would include both singular and plural.
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VII.
Duration of the Integrity Pact (IP)
This IP begins when both the parties have legally signed it. It expires for the Counter Party /
Contractor / Bidder, 12 months after the completion of work under the Contract, or till
continuation of defect liability period, whichever is more and for all other Bidders, till the
Contract has been awarded.
If any claim is made / lodged during the time, the same shall be binding and continue to be
valid despite the lapse of this Integrity Pact as specified above, unless it is discharged /
determined by the CEO&MD, IFCI Ltd.
VIII.
Other Provisions
1. This IP is subject to Indian Law, place of performance and jurisdiction is the Head Office /
Regional Offices of the IFCI/Principal / Owner who has floated the Tender.
2. Changes and supplements in any Procurement / Services Contract / Tender need to be
made in writing. Change and supplement in IP need to be made in writing.
3. If the Contractor is a partnership or a consortium, this IP must be signed by all the
partners and consortium members. In case of a Company, the IP must be signed by a
representative duly authorized by Board resolution.
4. Should one or several provisions of this IP turn out to be invalid; the remainder of this
Pact remains valid. In this case, the parties will strive to come to an agreement to their
original intentions.
5. Any dispute or difference arising between the parties with regard to the terms of this
Agreement / Pact, any action taken by the Principal / Owner / IFCI in accordance with
this Agreement / Pact or interpretation thereof shall not be subject to arbitration.
IX. Legal and Prior Rights
All rights and remedies of the parties hereto shall be in addition to all the other legal rights
and remedies belonging to such parties under the Contract and / or law and the same shall
be deemed to be cumulative and not alternative to such legal rights and remedies aforesaid.
For the sake of brevity, both the Parties agrees that this Pact will have precedence over the
Tender / Contract documents with regard to any of the provisions covered under this Integrity
Pact.
IN WITHNESS WHEREOF the parties have signed and executed this Integrity Pact (IP) at
the place and date first above mentioned in the presence of the following witnesses:-
-------------------------------------------(For and on behalf of Principal / Owner / IFCI Ltd.)
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------------------------------------------(For and on behalf of Bidder / Counter Party / Contractor)
WITNESSES :
1._______________________________________(Signature, name and address)
2.________________________________________(Signature, name and address)
Note : In case of Purchase Orders wherein formal agreements are not signed references to
witnesses may be deleted from the past part of the Agreement.
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