Expression of Interest (EOI) for Empanelment of Contractors

Expression of Interest (EoI)

for

Empanelment of Contractors
For
Collaboration in Tenders in upcoming Construction works for Development/Re-
development works of Railway Infrastructures

WAPCOS LIMITED
76-C, Institutional Area, Sector-18, Gurgaon,
Haryana-122015

EOI No. WAPCOS/EOI/Empanelment/ 2023

February, 2023

1
 Expression of Interest (EOI) for Empanelment of Contractors

Expression of Interest (EOI) is invited for empanelment of Construction firms/Contractors

for collaboration in participating in tender(s) & subsequently executing civil works including
ancillary Mechanical, Electrical, Plumbing & Drainage (MEP) works for Development/Re-
development works of Railway Infrastructures.

Interested bidders shall submit this EOI Online within 07 (Seven) days i.e., 24.02.2023 up
to 14.00 hours. The Bid shall be opened on 25.02.2023 at 15.00 hours.

The EOI document can be downloaded from the website: www.wapcos.co.in,

https://etenders.gov.in/eprocure/app. The EOI shall be uploaded on
https://etenders.gov.in/eprocure/app. Further, any information or any issuance of
corrigendum/addendum/amendment related to this tender will be available only on the
website mentioned above and not be published elsewhere.

The technical bid shall be uploaded on the e-tendering portal on or before the last date of
submission of tender. The Bidders must read all the terms and conditions of bidding
document carefully and only submit the bid if eligible and in possession of all the
documents required.

Intention of this EOI:

1. Introduction

WAPCOS Limited is a CPSU under the Ministry of Jal Shakti, Govt. of India with more
than 50+ years of experience in the field of Project Management Consultancy Services
/Construction in various sectors.

2. Objective

WAPCOS is making attempts to secure new business in construction field where

WAPCOS have limited secure technical experience. Since, WAPCOS have the limited
technical credential & resources to be qualified in such works, we need to join with a
Contractor firm/Agency, who is having the required credentials. With this intention, it is
necessary to select a Construction firm/Agency & empanel with required credential, so
that WAPCOS can jointly participate in such tender(s) up to a value upto Rs. 350 crores
as consortium partner/Associates & execute the same.

The scope for each case shall be tailored to that particular case but confirming to the
generic scope given in this EOI.

3. General Scope of Work

To assist WAPCOS as per mutually delineated scope of the project on case to case basis
and also to render assistance to WAPCOS as per the requirement of the project.

The qualified firms of this EOI shall be short listed accordingly and on case-to-case basis,
tender will be issued only to the shortlisted firms through Limited Tender Enquiry (LTE).
Shortlisting of firms will be done as per the submitted Bid.

2
 Expression of Interest (EOI) for Empanelment of Contractors

Selection Criteria

Based on responses to be received against this EOI, WAPCOS shall shortlist the qualified
bidders. If required, the empanelled bidders will be called for participation.

The decision of WAPCOS with regard to short listing shall be final & binding to all parties
and WAPCOS may cancel the empanelment at its sole discretion and at any time during
the empanelment period without any liability over WAPCOS.

Depositing document fee

Non-refundable document fee of Rs. 1,00,000/- (Rupees One Lakhs only), shall be
deposited in favour of WAPCOS Limited through NEFT / IMPS /RTGS in the bank account
as per below details:

Name of Bank: Indian Overseas Bank

Bank Account Number: 193502000000290
IFSC Code: IOBA0001935
Branch Name: National Horticulture Board (NHB) Building, G-85, Industrial Area, Sector-
18, Gurugram-122015, Haryana

The bid Validity shall be 180 days from the last date of submission of Bid.

Eligibility Criteria

Eligible Bidders

The interested Bidder shall be an Registered Company under Companies Act 1956/2013,
Proprietorship Firm/ Partnership Firm. Copy of Certificate of Incorporation/ Registration/
Partnership Deed Registration or any other relevant document, as applicable, shall be
submitted along with a copy of address proof.

The Bidder shall submit an undertaking that bidder has not been barred/ blacklisted
presently by any Department, Authority or body corporate under the Govt. of India or any
state Govt.

The Bidder must possess valid License, GST Registration Certificate, PAN card and
Company Registration Certificate.

Financial Eligibility

1. The Bidder shall have an Average Annual turnover of Rs. 175 crores during the last
three financial years ending on 31st March 2022.
2. The Bidder shall have earned profit in any of the 3 financial years ending on 31.03.2022
in last five years. The Bidder shall have positive net worth.

Note: While submitting audited balance sheet and profit & loss account statements for last
five financial years i.e. 2017-18, 2018-19, 2019-20, 2020-21 & 2021-22, the bidder should
also provide UDIN of their Chartered Accountant(s) along with the documents.

3
 Expression of Interest (EOI) for Empanelment of Contractors

Technical Eligibility:

Experience of having successfully completed similar works during the last 7 years ending
last day of the month previous to the one in which bids are invited:

Three similar works each costing not less than Rs. 140 Crore
OR
Two similar works each costing not less than Rs. 175 Crore
OR
One similar work costing not less than Rs. 280 crore
Similar work shall mean completed Passenger terminals having a minimum passenger
handling capacity of 5000 persons /day in railway stations, metro stations, airport terminals
(with or without related airport infrastructure works), ports, integrated check posts and bus
terminals works during last seven years.

And

In addition, the eligible bidder shall have at least one completed work in respect of Social
and Commercial infrastructure.

Social and Commercial infrastructure shall mean: Commercial or real estate project
(Such as educational institution, hospital, hotel, convention centre, mall/Shopping
complex /Sports complex, Office complex) at a single site with a minimum built up area of
15,000 (Fifteen thousand) square metres;

Or

Residential real estate project at a single site with a minimum built up area of 30,000
(Thirty thousand) square metres.

The bidder shall submit the following as a part of technical qualification:

 Bidders Company Profile.

 Details and personnel (Project Management Team) with designation, qualification
and experience to determine their capabilities.
 Bidder to submit relevant documents for the project / work performed during last
07 years.
 Bidder to submit a declaration on its letter head stating that firm is not under any
litigation and under any notice of ineligibility issued by Govt. of India/State
Govt./Public Sector Undertakings etc.
 Documentary proof (work order+ completion certificate)
 Last 7 years given above shall mean the last 7 years ending last day of the month
previous to the one in which bids are invited.

Documents Required of Technical Bid

4
 Expression of Interest (EOI) for Empanelment of Contractors

The Technical Bid shall be uploaded with coloured scanned copies of following
documents. All the documents must be Serial wise as stated below and clearly marked
page no. on each page.

1. Receipt of payment towards document Processing Fees deposited through

RTGS/NEFT/IMPS.
2. Notarized Power of Attorney / Authorization Letter in case of Proprietor firm, to sign
the Bid document/Tender in original.
3. Letter of Transmittal/ Covering letter & indicating acceptance of terms & conditions
of this EOI.
4. Firm registration certificate.
5. Certificate of Incorporation / Partnership deed as applicable.
6. PAN & GST registration
7. Form of Integrity Pact as per format
8. Company Profile and manpower availability.
9. Documents relating to fulfilling Eligibility Criteria. Copies of relevant work Orders &
completion documents.
10. Last five years (ending on 31.03.2022) Audited Balance Sheet and Profit & Loss
Account Statements.

Note: Bidder shall submit all the annexure attached in tender document along with the bid.

General Terms & Conditions

Interested parties who shall submit their offer against this Expression of Interest
shall accept the following terms & conditions which shall be stipulated in addition
to other relevant terms at the time of limited tender floating (please see para for
Selection criteria) for engagement of agency for job execution.

Bid Capacity
The bidders who meet the minimum qualification criteria will be qualified only if their
available bid capacity is more than the total bid value. The available bid capacity
will be calculated as under:

Assessed available bid capacity = A x N x 2 – B

A = Maximum value of works executed in anyone year during last five years (up
dated to the price level of current financial year with percentage stated in the bid
document)
N = Number of years rounded up to first decimal prescribed for completion of the
subject contract (i.e., 1 year)
B = Value of current price level of existing commitments and ongoing works to be
completed in next ‘N’ years.

Note:
a) The bidder shall furnish statements showing the value of existing
commitments and on-going works as well as stipulated period of
completion remaining for each of the works separately.
b) The value of executed works shall be brought to the current level by
enhancing the actual value of work done at a simple rate of 7% per

5
 Expression of Interest (EOI) for Empanelment of Contractors

annum, calculated from the date of completion of last day of the month
previous to the one in which applications are invited.

Liquidated Damages/Risk Purchase

The clauses shall have to be accepted by the bidders at the time of participation in
the tender. These clauses will generally be as per WAPCOS/ WAPCOS’s Client’s
terms and conditions.

Dispute Resolution
Except where otherwise provided in the contract, all questions and disputes relating
to the meaning of the specifications, design, drawings and instructions here-in
before mentioned and as to the quality of workmanship or materials used on the
work or as to any other question, claim, right, matter or thing whatsoever in any
way arising out of or relating to the contract, designs, drawings, specifications,
estimates, instructions, orders or these conditions or otherwise concerning the
works or the execution or failure to execute the same whether arising during the
progress of the work or after the cancellation, termination, completion or
abandonment thereof shall be dealt with as mentioned hereinafter:
If the agency/firm considers any work or any matter in connection with or arising
out of the contract or carrying out of the work, to be unacceptable and is resulting
in a dispute, it shall be referred to the Engineer-in-Charge who shall, within a period
of thirty days after being requested by the agency/firm to do so, give written
decision to the agency/firm. Upon receipt of the written decision of the Engineer-in-
Charge, the Agency/firm shall promptly proceed without delay to comply with such
decision.

Adjudication of Dispute
Any dispute, controversy of claims arising out of or relating to this Agreement or
the breach, termination or invalidity thereof, shall be settled through following
mechanism:
a. Firstly, the aggrieved party shall write a letter to the other party detailing its grievances
and calling upon the other party to amicably resolve the dispute by convening a joint
meeting. Accordingly, the parties as per their convenience shall jointly convene the
said meeting(s), wherein minutes of the said meeting(s) shall be prepared and
countersigned by all the parties. It is mandatory to prepare minutes of meeting(s) and
to be countersigned by all the parties, irrespective of the outcome of the said
meeting(s).
b. In the event the parties are unable to reach on any settlement in the said meeting(s),
then the aggrieved party shall mandatory resort to pre-litigation mediation mechanism
with Delhi High Court Mediation Cell, New Delhi.
c. It is only upon failure of the pre-litigation mediation mechanism with Delhi High Court
Mediation Cell, then the aggrieved party shall resort to resolution of disputes through
arbitration of a Sole Arbitrator. The appointing authority of Sole Arbitrator is CMD,
WAPCOS Limited, to which neither of the parties have any objection nor they shall
ever object.

6
 Expression of Interest (EOI) for Empanelment of Contractors

d. Subject to the parties agreeing otherwise, the Arbitration proceedings shall be

conducted in accordance with the provisions of the Indian Arbitration and Conciliation
Act, 1996 (amended as on date).
e. It is also acknowledged and accepted that WAPCOS is only working as intermediary
between the Agency/firm/Associate/Sub-Consultant/Sub-Contractor and the Principal
Employer/Client, thus in the event, any dispute arises under the present agreement
and referred to Arbitration for adjudication, then subject to corresponding clause in the
Contract/Agreement/Work Order/Arrangement between Principal Employer/Client &
WAPCOS, Principal Employer/Client shall also be made party to the said Arbitration
proceedings. Also, the award including costs if any passed against WAPCOS and
costs incurred in the proceedings shall be the sole responsibility of Principal
Employer/Client. The said clause if found inapplicable, even then the other terms of
the Arbitration Clause shall survive and shall be acted upon.
f. The place/seat of arbitration shall be Delhi and any award whether interim or final, shall
be made, and shall be deemed for all purposes between the parties to be made, in
Delhi. The arbitral procedure shall be conducted in English language and any award
or awards shall be rendered in English. The procedural law of the arbitration shall be
Indian Law. The award of the arbitrator shall be final and conclusive and binding upon
the Parties.
g. The Contract and any dispute or claim arising out of or in connection with it or its
subject matter or formation (including non-contractual disputes or claims) shall be
governed by and construed in accordance with the laws of India and the Parties submit
to sole & exclusive jurisdiction of courts at Delhi.”

Preference to Make In India

 The provisions of revised ‘Public Procurement (Preference to Make in India) Order

2017-Revision’ issued by Department of Industrial Policy and Promotion under Ministry
of Commerce and Industry vide letter no.-P45021/2/2017-PP (BE-II) as amended on
16.09.2020 shall be applicable to the bidding process and award of the contract shall
be done accordingly.
 Verification of Local Content
i. The bidder at the time of tender, bidding or solicitation shall be required to indicate
percentage of local content and provide self-certification that the item offered meets
the local content requirement of the tender. They shall also give details of the
location(s) at with the local value addition is made.
ii. In cases of procurement for a value in excess of Rs 10 Crores, the bidder shall be
required to provide a certificate from the statutory auditor or cost auditor of the
company (in the case of companies) or from a practicing cost accountant or
practicing chartered accountant (in respect of suppliers other than companies)
giving the percentage of local content.

Jurisdiction

7
 Expression of Interest (EOI) for Empanelment of Contractors

Any legal dispute that may arise will be settled within the jurisdiction of Delhi High
Court.

Validity of Empanelment
The empanelment against this EOI shall remain valid for 2 years from the date of
empanelment which can be further extended for another one year subject to
satisfactory performance.

WAPCOS LIMITED RESERVES THE RIGHT TO:

Postpone the above-mentioned due date; cancel the EOI at any stage due to
unforeseen reasons. May ask for further clarification during scrutiny of bids
received.

Instruction to Bidders Responding to EOI

a. WAPCOS reserves the right to modify, expand, restrict, scrap this proposal
or reject any Expression of Interest without assigning any reason thereof.
b. WAPCOS reserves the right to make inquiries with any of the clients listed
by the bidders in their previous experience record.
c. It may be noted that WAPCOS will not reimburse any cost incurred by the
bidders towards the preparation and submission of the EOI.
d. The proposal and all associated correspondence shall be in English.

Bid Rejection Criteria

WAPCOS may at its sole discretion and at any time during the evaluation of
proposal, disqualify any bidder, if they have
a. Bids received after due date.
b. Bidder’s failure to furnish sufficient or complete details for evaluation of the
bids within the given period.
c. Incomplete / misleading / false / ambiguous in the proof of eligibility
requirements.
d. Failed to produce timely clarifications related thereto, when sought.
e. Bids not meeting qualification criteria as mentioned herein
f. Declared ineligible by the Government of India / State govt. / Public sector
Undertaking.
g. Bids with technical requirements and or terms not acceptable to WAPCOS.
h. Information relating to the evaluation, clarification and recommendation for
pre- qualification shall not be disclosed to bidders or any other persons not
officially concerned with such process until the pre-qualification process is
completed. Any effort by the bidder to influence WAPCOS prequalification
process may result in rejection of his EOI.

Submission of Proposal against Expression of Interest

Proposal super-scribing the enquiry number, enquiry subject, last date for receipt of
EOI and shall be addressed to Senior General Manager (CMU-II),WAPCOS Limited,
Plot No. 76-C, Institutional Area, Sector-18, Gurugram, Haryana-122015.

8
 Expression of Interest (EOI) for Empanelment of Contractors

The contact point for any clarification / correspondence at WAPCOS Limited,

Gurugram is: Radheshyam Debnath, Deputy Chief Engineer (CMU-II) E-mail:
[email protected]

Annexures

Letter of Transmittal/ Covering Letter

From:

To
The Deputy Chief Engineer
WAPCOS Limited

Subject: Submission of bids for the work of ___________________________

Sir,
Having examined the details given in Bid document for the above work, I/we hereby
submit the relevant information.

1. I/we hereby certify that all the statement made and information supplied in
the enclosed Annexures (Annexure to __) and accompanying statement are true
and correct.
2. I/we have furnished all information and details necessary for eligibility and have
no further pertinent information to supply.

3. I/we submit the requisite certified solvency certificate and authorize the Employer
to approach the Bank issuing the solvency certificate to confirm the correctness
thereof. I/we also authorize Employer to approach individuals, our previous
employers, firms and corporation to verify our competence and general reputation.

4. I/we submit the following certificates in support of our suitability, technical

knowledge and capability for having successfully completed the following eligible
similar works:

Name of work Certificate from

Certificate:
It is certified that the information given in the enclosed eligibility Bid are
correct. It is also certified that I/we shall be liable to be debarred, disqualified/

9
 Expression of Interest (EOI) for Empanelment of Contractors

cancellation of enlistment in case any information furnished by me/us found

to be incorrect.

Enclosures: Seal of Bidder

Date of submission:

Signature(s) of Bidder.

10
 Expression of Interest (EOI) for Empanelment of Contractors

Annexure - General Information

1. Name of Contractor
2. Address for correspondence
3. Official e-mail for communication

Contact Person: Telephone Nos. Fax Nos.

4. Mobile
5. Type of Organization:

6. Place and Year of Incorporation

Details of Registration of Proprietor/
7. Partners / Directors with various Institutions

Name of Directors/Partners in the

8. organization and their status along with their
qualifications.
Name(s) of the persons along with their
9. qualification and designation, who is
authorized to deal with Employer
(Attach copy of power of Attorney)
10. Organization Chart of Key Personnel

11. Details of Awards/Appreciations supported

with document to be submitted.

Bank Details
Name of the Bank:
12. Account Number:
IFSC Code:
Name & Address of the Branch:
MICR Code:

Signature of Bidder with Seal

11
 Expression of Interest (EOI) for Empanelment of Contractors

Annexure - Form of Integrity Pact

To,
WAPCOS Limited,
………………………..,
………………………..

Sub: Submission of Tender for the work of ………………………....……………....

Dear Sir,

Dear Sir,
I/We acknowledge that WAPCOS is committed to follow the principles thereof as
enumerated in the Integrity Agreement enclosed with the tender/bid document.

I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that I/We will sign the enclosed integrity Agreement, which is an integral part
of tender documents, failing which I/We will stand disqualified from the tendering
process.

I/We acknowledge that the Making of the Bid shall be regarded as an Unconditional
and absolute Acceptance of this condition of the NIT.

I/We confirm acceptance and compliance with the Integrity Agreement in letter and
spirit and further agree that execution of the said Integrity Agreement shall be separate
and distinct from the main contract, which will come into existence when tender/bid is
finally accepted by WAPCOS. I/We acknowledge and accept the duration of the
Integrity Agreement, which shall be in the line with Article 1 of the enclosed Integrity
Agreement.

I/We acknowledge that in the event of my/our failure to sign and accept the Integrity
Agreement, while submitting the tender/bid, WAPCOS shall have unqualified,
absolute and unfettered right to disqualify the tenderer/bidder and reject the tender/bid
is accordance with terms and conditions of the tender/bid.

Yours faithfully
(Duly authorized signatory of the Bidder)

To be signed by the bidder and same signatory competent / authorized to sign the
relevant contract on behalf of WAPCOS

12
 Expression of Interest (EOI) for Empanelment of Contractors

Integrity Agreement

[To be submitted on Stamp paper of minimum Rs. 100 duly attested by Notary /
Magistrate]

This Integrity Agreement is made at ............... on this........... day of ........... 20

BETWEEN

WAPCOS Limited, New Delhi (Hereinafter referred as the ‘Principal/Owner’, which

expression shall unless repugnant to the meaning or context hereof include its
successors and permitted assigns)
AND
....................................................................................................................................
...............
......
(Name and Address of the Individual/firm/Company)
through ................................................................................................... (Hereinafter
referred to as the
(Details of duly authorized signatory)

“Bidder/Contractor” and which expression shall unless repugnant to the meaning or

context hereof include its successors and permitted assigns)

Preamble
WHEREAS the Principal / Owner has floated the Tender (NIT No.
................................) (hereinafter referred to as “Tender/Bid”) and intends to award,
under laid down organizational procedure, contract
for............................................................................................... (Name of work)
hereinafter referred to as the “Contract”.

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 its Bidder(s) and Contractor(s).

AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter
into this Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the
terms and conditions of which shall also be read as integral part and parcel of the
Tender/Bid documents and Contract between the parties.

NOW, THEREFORE, in consideration of mutual covenants contained in this Pact,

the parties hereby agree as follows and this Pact witnesses as under:

Article 1: 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
13
 Expression of Interest (EOI) for Empanelment of Contractors

family members, will in connection with the Tender, or the execution of the

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/Owner will, during the Tender process, treat all Bidder(s) with equity
and reason. The Principal/Owner 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/Owner shall endeavour to exclude from the Tender process
any person, whose conduct in the past has 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 be a substantive suspicion in this regard, the Principal/Owner will inform the
Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its
internal laid down policies and procedures.

Article 2: Commitment of the Bidder(s)/Contractor(s)

(1)It is required that each Bidder/Contractor (including their respective officers,

employees and agents) adhere to the highest ethical standards, and report to the
WAPCOS all suspected acts of fraud or corruption or Coercion or Collusion of which
it has knowledge or becomes aware, during the tendering process and throughout
the negotiation or award of a contract.

(2)The Bidder(s)/Contractor(s) commits 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:
(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/Owner’s employees involved in the
Tender process or 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) will not enter with other Bidder(s) into any
undisclosed agreement or understanding, whether formal or informal. This applies
in particular to prices, specifications, certifications, subsidiary contracts, submission
or non-submission of bids or any other actions to restrict competitiveness or to
cartelize 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)/ Contract(s) will not use improperly, (for the
purpose of competition or personal gain), or pass on to others, any information or
documents provided by the Principal/Owner as part of the business relationship,
regarding plans, technical proposals and business details, including information
contained or transmitted electronically.

14
 Expression of Interest (EOI) for Empanelment of Contractors

(d)The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and

addresses of agents/ representatives in India, if any. Similarly
Bidder(s)/Contractor(s) of Indian Nationality shall disclose names and addresses of
foreign agents/representatives, if any. Either the Indian agent on behalf of the foreign
principal or the foreign principal directly could bid in a tender but not both. Further,
in cases where an agent participate in a tender on behalf of one manufacturer, he
shall not be allowed to quote on behalf of another manufacturer along with the first
manufacturer in a subsequent/parallel tender for the same item.
(e) The Bidder(s)/Contractor(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.

(3)The Bidder(s)/Contractor(s) will not instigate third persons to commit offences

outlined above or be an accessory to such offences.

(4) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm
indulge in fraudulent practice means a willful misrepresentation or omission of facts
or submission of fake/forged documents in order to induce public official to act in
reliance thereof, with the purpose of obtaining unjust advantage by or causing
damage to justified interest of others and/or to influence the procurement process to
the detriment of the WAPCOS interests.

(5) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm
use Coercive Practices (means the act of obtaining something, compelling an action
or influencing a decision through intimidation, threat or the use of force directly or
indirectly, where potential or actual injury may befall upon a person, his/her
reputation or property to influence their participation in the tendering process).

Article 3: Consequences of Breach

Without prejudice to any rights that may be available to the Principal/Owner under
law or the Contract or its established policies and laid down procedures, the
Principal/Owner shall have the following rights in case of breach of this Integrity Pact
by the Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to
respect and uphold the Principal/Owner’s absolute right:

(1)If the Bidder(s)/Contractor(s), either before award or during execution of Contract

has committed a transgression through a violation of Article 2 above or in any other
form, such as to put his reliability or credibility in question, the Principal/Owner after
giving 14 days’ notice to the contractor shall have powers to disqualify the
Bidder(s)/Contractor(s) from the Tender process or terminate/determine the
Contract, if already executed or exclude the Bidder/Contractor from future contract
award processes. The imposition and duration of the exclusion will be determined
by the severity of transgression and determined by the Principal/Owner. Such
exclusion may be forever or for a limited period as decided by the Principal/Owner.

(2)Forfeiture of EMD/Performance Guarantee/Security Deposit: If the

Principal/Owner has disqualified the Bidder(s) from the Tender process prior to the
15
 Expression of Interest (EOI) for Empanelment of Contractors

award of the Contract or terminated/determined the Contract or has accrued the right
to terminate/determine the Contract according to Article 3(1), the Principal/Owner
apart from exercising any legal rights that may have accrued to the Principal/Owner,
may in its considered opinion forfeit the entire amount of Earnest Money Deposit,
Performance Guarantee and Security Deposit of the Bidder/Contractor.

(3)Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder

or Contractor, or of an employee or a representative or an associate of a Bidder or
Contractor which constitutes corruption within the meaning of IPC Act, or if the
Principal/Owner has substantive suspicion in this regard, the Principal/Owner will
inform the same to law enforcing agencies for further investigation.

Article 4: Previous Transgression

(1)The Bidder declares that no previous transgressions occurred in the last 5 years
with any other Company in any country confirming to the anticorruption approach or
with Central Government or State Government or any other Central/State Public
Sector Enterprises 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 for banning of business dealings/
holiday listing of the Bidder/Contractor as deemed fit by the Principal/ Owner.

(3)If the Bidder/Contractor can prove that he has resorted / recouped the damage
caused by him and has installed a suitable corruption prevention system, the
Principal/Owner may, at its own discretion, revoke the exclusion prematurely.

Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors

(1)The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors

a commitment in conformity with this Integrity Pact. The Bidder/Contractor shall be
responsible for any violation(s) of the principles laid down in this agreement/Pact by
any of its Subcontractors/sub-vendors.

(2) The Principal/Owner will enter into Pacts on identical terms as this one with all
Bidders and Contractors.

(3)The Principal/Owner will disqualify Bidders, who do not submit, the duly signed
Pact between the Principal/Owner and the bidder, along with the Tender or violate
its provisions at any stage of the Tender process, from the Tender process.

Article 6- Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the
Contractor/Vendor 12 months after the completion of work under the contract or till
the continuation of defect liability period, whichever is more and for all other bidders,
till the Contract has been awarded.

16
 Expression of Interest (EOI) for Empanelment of Contractors

If any claim is made/lodged during the time, the same shall be binding and continue
to be valid despite the lapse of this Pacts as specified above, unless it is
discharged/determined by the Competent Authority, WAPCOS

Article 7- Other Provisions

(1)This Pact is subject to Indian Law, place of performance and jurisdiction is the
Head quarters of the Principal/Owner, who has floated the Tender.

(2)Changes and supplements need to be made in writing. Side agreements have not
been made.

(3)If the Contractor is a partnership or a consortium, this Pact must be signed by all
the partners or by one or more partner holding power of attorney signed by all
partners and consortium members. In case of a Company, the Pact must be signed
by a representative duly authorized by board resolution.

(4) Should one or several provisions of this Pact 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 intensions.

(5) It is agreed term and condition that any dispute or difference arising between the
parties with regard to the terms of this Integrity Agreement / Pact, any action taken
by the Owner/Principal in accordance with this Integrity Agreement/ Pact or
interpretation thereof shall not be subject to arbitration.

(6) Independent External Monitor(s) Panel of IEM’s will be conveyed in due course
of time.

Article 8- 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 agree that this
Integrity Pact will have precedence over the Tender/Contact documents with regard
any of the provisions covered under this Integrity Pact.

IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact
at the place and date first above mentioned in the presence of following witnesses:

............................................................... (For and on behalf of Principal/Owner)

................................................................ (For and on behalf of Bidder/Contractor)

WITNESSES:
1. .............................................. (signature, name and address)
17
 Expression of Interest (EOI) for Empanelment of Contractors

2. ............................................... (signature, name and address)

Place: Dated :

18
 Expression of Interest for Empanelment of Contractors

Annexure - Details of Similar Works Executed During Last 07 Years

Sl. Name of Name Date Date of Date of Cost of Cost of Litigation / Reference and
No. work of of Completio issue of Construction Construction Arbitration Page No. of
and its Client Start n Completion of the work of the Work on cases Documentary
Certificate pending / in
location on current cost progress Proof
completion level with details

1.
2.
3.
4.
5.
6.

Certified that the Completion Certificates of above works are enclosed with the Tender Documents. Details mentioned in the
above Form are as per Completion Certificates and have not been presumed. If any detail is not mentioned in the Work Completion
Certificate, documentary proof of detail is to be submitted with the Completion Certificate.

Signature of Bidder with Seal

19
 Expression of Interest for Empanelment of Contractors

Annexure - Financial Information - Turnover

Financial Analysis: Details to be furnished duly supported by figures in balance

sheet for last 3 years duly certified by the Chartered Accountant, as submitted by
the applicant to the Income Tax Department

Years Annual turnover Net Worth as on last date

of the financial year

2019-2020

2020-2021

2021-2022

Average

Signature of Chartered Accountant Signature of Bidder(s) (with Seal)

(with Seal)
UDIN No.

20
 Expression of Interest for Empanelment of Contractors

Annexure - Financial Information – Profit & Loss

Profit/ Loss Statement: Details to be furnished duly supported by figures in profit/
loss statement sheets for last 5 years duly certified by the Chartered Accountant,
as submitted by the applicant to the Income Tax Department

Years PROFIT LOSS

2017-2018

2018-2019

2019-2020

2020-2021

2021-2022

Signature of Chartered Accountant Signature of Bidder(s) (with Seal)

(with Seal)
UDIN No.

21
 Expression of Interest for Empanelment of Contractors

Annexure- Undertaking Regarding Blacklisting / Non - Debarment

[To be submitted on Bidder’s Letter Head]

To
WAPCOS Limited
…………………..
…………………..

This is to certify that we have taken the cognizance of Blacklisting Policy of WAPCOS
Ltd. Further, we hereby Confirm and declare that we,
M/s_____________________________________ , is not blacklisted/De-
registered/debarred by any Government Department/Public Sector Undertaking /Private
Sector/ or any other agency for which we have Executed / Undertaken the works/ Services
during the last 5 Years.

Date: (Signature, name and designation

of the Authorized Signatory)
Place: Name and seal of Bidder

22