Integrity Pact: Name of Bidder/Contractor

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

INTEGRITY PACT

On this ______________ day of ________ 20___ , at Nagpur, in presence of


following Two witnesses, this Integrity Pact is being executed between:

MOIL Ltd. hereinafter referred to as “The Principal/ MOIL”.

And

________________________________________(Name of Bidder/Contractor) hereinafter


referred to as “The Bidder /Contractor”(Which expression shall include all its
partners/directors, agent, representative, servant, sub contractors (wherever
permitted / permissible) & successor in interest etc including all person
claiming through it) for (Name of Contract)___________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________

Whereas, it has been directed by the Ministry of Steel, New Delhi and Central
Vigilance Commission, New Delhi, Government of India undertakings shall execute
Integrity Pact with the Contracting Parties/Bidders in all the forthcoming
Contracts/Tender processes above prescribed/specified value of Rs. 1.00 Cr., it is
necessary to execute Integrity Pact between such parties. Pursuant thereto, the
present Integrity Pact is being executed.

The terms and conditions of the Integrity Pact are as under:-

Commitment of MOIL
Section – I

Being the Principal, MOIL commits itself to take all necessary steps to prevent
corruption & unethical practices and bring transparency in all the processes through
the following commitments:-

A. No official of the Principal (MOIL), personally or through family will accept or


demand any gratification, for which he/she is not entitled from any of the
counter/contracting parties.

B. The Principal (MOIL) during the tender process, will treat all the bidders/tenderer
equally and provide level playing fields to all.

C. The Principal (MOIL) commits to provide to all bidders the same information.

D. The Principal (MOIL) will not make available any confidential information to any
of the bidder which will give him an edge over the others.

1/4
(Principal/MOIL) (Bidder/Contractor)
E. The Principal (MOIL) will make public the details of contract awarded.

F. The Principal (MOIL) will exclude any of the officials who is found prejudiced or
have conflict of interest in dealing with the bidders.

G. The Principal (MOIL) will take appropriate disciplinary action, as per the
prescribed Rules, against its officials if found guilty of breach of commitment.

Commitment of Bidders
Section – II

The Bidder/Contractor commits himself to take all necessary measures not to


involve in any type of corrupt practice during the Tender Process as well as
Execution of the Contract including the following:-

A. The Bidder/Contractor will not offer or promise to offer to any of the MOIL’s
employee the gratification/benefit for which he/she is not legally entitled to get
undue favour/advantage or information related to Tender Process or during
Execution of the Contract.

B. The Bidder/contractor will not enter into Agreement with other


Contenders/Contractors to derail/disturb fair Tender Process like price fixing or
other unethical understanding like Cartel Formation.

C. The Bidder/Contractor will not pass on to others the Confidential Information


provided by MOIL as a part of Tender Documents/ Contracts.

D. The Bidder/Contractor will disclose about all the payments made to the Agents/
Intermediaries, wherever such arrangement is permissible, in connection with the
award of Contract/Tender Process.

E. The Bidder/Contractor will immediately inform MOIL, if asked to pay any illegal
gratification or bribe, in violation of this Integrity pact, by any of MOIL’s employee
or comes to know any illegal payment made to any of the employee. The
Bidder/Contractor will not do any Act, by way of commission or omission, which
may defeat the spirit behind the present Integrity Pact.

Violation & penalties


Section - III

The Bidder/Contractor, if found to violate the clauses of the Integrity Pact, will be
liable to the following penalties:-

A. MOIL will be entitled to disqualify the Bidder/Contractor from the tender process.

B. If after the award of contract, the bidder is found guilty of breach of the Integrity
Pact, the MOIL will be entitled to terminate the contract.

2/4
(Principal/MOIL) (Bidder/Contractor)
C. The MOIL will have right to disqualify the default Bidder/Contractor for
participation in future contracts of the Principal (MOIL) for a certain period or
black list it permanently depending upon seriousness of offence.

D. The MOIL, if the contract is terminated due to violation of the Integrity Pact on
part of Bidder/Contractor, will be entitled for material damages as decided by the
MOIL Management and will be binding to all. The Principal (MOIL) will also have
right to forfeit the Security deposit.

E. The CMD of the Principal (MOIL) will be the final authority in respect of the
aforesaid clauses of Violation and Penalties. The decision taken by CMD of the
Principal (MOIL) shall be final and acceptable and would not be amenable to any
challenge.

Independent Monitor
Section - IV

A. CMD, of the Principal (MOIL) may/ will appoint Independent Monitor who are
suitably qualified and experienced and are of impeccable integrity to oversee the
implementation of the Integrity Pact in cases wherever he feels necessity to do
so. The decision taken in this behalf by CMD, MOIL shall be final and conclusive
and will be agreeable to both the parties. Such decision, about the appointment
of Independent Monitor shall not be amenable to challenge on any ground
whatsoever. The Independent Monitors will be non-salaried having voluntary
status and will have benefits of Independent Directors.

B. The Independent Monitors will not have administrative or enforcement power


and submit his non-binding suggestions or recommendations to the
management of MOIL when he observes violation or deviation of any of the
conditions of the Integrity Pact.

General Conditions
Section - V

A. This Agreement is subject to Indian Laws. Place of execution & performance of


this Integrity Pact shall be Nagpur. Any dispute arising out of the Integrity Pact
shall be subject to exclusive jurisdiction of the Courts at Nagpur only.

B. The Bidder/Contractor will undertaking from all subcontractors about the


commitment to implement the Integrity Pact in letter & spirit and submit to MOIL
the said undertakings before sub-contracting the work wherever permitted.

C. The Bidders/Contractors, who do not sign the Integrity Pact, will not be entitled
to participate in the Tender Process or continue with the contract.

D. The Agreement will commence into force when MOIL & the Bidder/Contractor
sign it & it will come to end twelve months after the last payment.

3/4
(Principal/MOIL) (Bidder/Contractor)
E. If the Bidder/Contractor is a Partnership Firm or Association of Persons, the
Agreement must be signed by all Partners or should be signed by his/their
Authorised Representative.

F. MOIL will periodically review the effectiveness of the Integrity Pact by


conducting 360 degree review with concerned executives & Bidder/Contractor.

G. Should one or some of the Provisions of this Integrity Pact turn out to be invalid;
the remainder clauses of this Agreement shall remain valid.

__________________________ _____________________________
(Signature & Seal) (Signature & Seal)
On behalf of the Principal /MOIL On behalf of Bidder/ Contractor

Place: Place:

Date: Date:

Witness No.1 ___________________ Witness No.2 __________________

Designation/Occupation___________ Designation/Occupation__________

Address: _______________________ Address:______________________


______________________________ _____________________________
______________________________ _____________________________
______________________________ _____________________________

4/4

You might also like