4-NIT and Integrity Pact
4-NIT and Integrity Pact
4-NIT and Integrity Pact
: 09
Contd/......
CA No. CESZ/BIN(S)/03 OF 2020-2021 SERIAL PAGE No. : 10
(C) For All Contractors Contractor will not be allowed to execute the work by
subletting or through power of attorney holder on his behalf
to a third party/another firm except Sons/Daughter /
Spouse of proprietor/partner/director and firm’s own
employees, Directors, Project Manager. This shall be
subject to certain conditions which will be prescribed in the
Notice of Tender (NOT) forming part of tender documents.
9. Tender Issuing and CE SILIGURI ZONE
Accepting Officer
10. Executing Agency GE (S) BINNAGURI
NOTES:-
(a) Contractor one class class below may also bid for this tender. Their application shall be
considered subject to fulfilment of other eligibility criteria given in NIT when number of
applicants of eligible class qualifying for the tender are less than 7(seven).
(b) In case number of eligible class contractors satisfying the eligibility criteria given in NIT are
7 or more than 7, application of one class below the eligible class shall not be considered
except those who have previously completed similar works satisfactorily and are meeting
the criteria of up gradation in respect of past experience and/ or average annual turnover
as applicable and financial soundness (solvency/financial soundness and working capital)
provided the value of work is less than twice the tendering limit of such contractors.
Contractors one class below the eligible class may upload necessary documents wrt works
experience and financial soundness in cover 1 of tender (T bid).
Contd/......
CA No. CESZ/BIN(S)/03 OF 2020-2021 SERIAL PAGE No. : 11
(c) (i) Applications/bids not accompanied by scanned copies of requisite documents, like
scanned copy of DD/Bankers Cheque towards cost of tender and earnest money (as
applicable) shall not be considered for validation of ‘T’ bid and their finance bids will not be
opened.
(ii) Tenderers/bidders to note that they should ensure that their original DDs and earnest
money (as applicable) and other documents as specified in para (f) & (g) are received
within 7 days of bid submission end date.
(iii) In case of applications/bids from ENLISTED CONTRACTORS of MES, where
scanned copies of requisite DD/Bankers Cheque towards cost of tender has been
uploaded but physical copies are not received by the stipulated date, finance bids will be
opened However non-submission of physical copies of cost of tender shall be considered
as willful negligence of the bidder with ulterior motives and such bidder shall be banned
from bidding for a period of six months commencing from the date of opening of finance
bid. (Cover-2)
(iv) In case of applications/bids from UNENLISTED CONTRACTORS , where scanned
copies of requisite DO/Bankers Cheque towards cost of tender has been uploaded but
physical copies are not received within 07 days of bid submission end date, finance bids
will not be opened . Name of such contractor’s along with complete address shall be
circulated for not opening of their bids for a period of six months commencing from the
date of opening of finance bid. (Cover-2)
(v) In case of applications/bids(enlisted contractor as well as unenlisted contractor)
where scanned copies of requisite Earnest money (as applicable) were uploaded but the
same are not received in physical form within 07 days of bid submission end date, such
bids shall not qualify for opening of finance bid. (Cover-2)
(d) Contractors may note that they shall not be loaded beyond their tendering limit as under:-
(aa) In case contractors of eligible class are selected for issues of tender:- 4 to 5
times the tendering limit.
(bb) In case of one class class below contractors are selected for issue of tender:- 6 to
7times.
(cc) In case of unenlisted contractors: 2 times the upper tendering limit of class for
which contractor meets the criteria for enlistment.
(e) In case any deficiency is noticed, in the documents required to be uploaded by the
tenderers as per NIT, after opening of cover 1 (T bid) and during technical evaluation, a
communication in the form of e-mail/whatsapp/sms/speed post etc, shall be sent to the
contractor to rectify the deficiency within a period of 3 days from date of communication
failing which financial bid (cover-2) shall not be opened and contractor shall not have any
claim on the same.
(f) Contractors enlisted with MES will upload following documents for checking eligibility:-
(i) Application for bid on Firm’s letter head duly signed.
(ii) Enlistment letter
(iii) Scanned copy of DD of cost of tender
(g) Contractors not enlisted with MES will be required to upload necessary documents
to prove their eligibility for enlistment in eligible class & category of work, including Affidavit
for no recovery outstanding. List of documents required for enlistment in MES has been
given in para 1.5 of section 1 of Part I MES Manual on Contractors 2007 (reprint 2012)
including all amendments. Following documents shall also be uploaded amongst others:
Contd….
CA No. CESZ/BIN(S)/03 OF 2020-2021 SERIAL PAGE No. : 12
(j) After acceptance of contract, prior to placing Work Order, GE shall ensure that the
contractor has EPF Registration Code No., if applicable, and keep documentary proof
on record. The contractor shall ensure compliance of the EPF & MP Act 1952 as
amended till Bid Submission end date.
INTEGRITY PACT
GENERAL
1. Whereas the President of India, represented by Chief Engineer Siliguri Zone, Military Engineer
Services, Sevoke Road, PO : Salugara, Siliguri – 734 008 (WB) hereinafter referred to as
Principal / Owner and the first part, has floated the tender ID No. ……………-
…………………………..and intends to award, under laid down organizational procedure,
contract for ‘ADDITION/ALTERATION AND SPECIAL REPAIRS TO CERTAIN MARRIED
ACCN AT SOUTH ZONE AND MES AREA, BINNAGURI UNDER GE(SOUTH) BINNAGURI”
2. Whereas the bidder is a proprietorship concern/Partnership firm / Limited Liability Firm /Private
Limited Company / Limited Company / Joint Venture constituted in accordance with the
relevant law in the matter and the Principal/Owner is Chief Engineer Siliguri Zone, Military
Engineer Services, Sevoke Road ,PO: Salugara, Siliguri – 734 008 (WB) performing its
functions on behalf of the President of India.
Objectives
3. Now, therefore, the Principal / Owner and the Bidder agree to enter into this pre-contract
agreement, referred to as Integrity Pact (IP), to avoid all forms of corruption by following a
system that is fair, transparent and free from any influence /prejudiced dealings prior to, during
and subsequent to the conclusion of the contract to be entered into with a view to:-
3.1 Enabling the Principal / Owner to get the desired works/ services at a competitive price in
conformity with the defined specifications of the services by avoiding high cost and the
distortionary impact of corruption on public procurement.
3.2 Enabling Bidders to abstain from bribing or any corrupt practice in order to secure the contract
by providing assurance to them that their competitors will also refrain from bribing and other
corrupt practices and the Principal/Owner will commit to prevent corruption, in any form, by
their officials by following transparent procedures.
4.1 The Principal / Owner undertakes that, no official of the Principal / Owner, connected directly or
indirectly with the contract will demand, take a promise for or accept, directly or through
intermediaries,any bribe, consideration, gift, reward, favour or any material or immaterial
benefit or any other advantage from the bidder, either for themselves or for any person,
organization or third party related to the contract, in exchange for an advantage, in the bidding
process, bid evaluation, contracting or implementation process related to the contract.
4.2 The Principal / Owner will, during the pre-contract stage, treat all Bidders alike and will provide
to all Bidders the same information and will not provide any such information to any particular
Bidder which could afford an advantage to that particular Bidder in comparison to other
Bidders.
4.3 All the officials of the Principal / Owner will report to the appropriate Government office any
attempted or completed breach(s) of the above commitments as well as any substantial
suspicion of such a breach.
Contd…../-
CA No. CESZ/BIN(S)/03 OF 2020-2021 SERIALPAGE No. : 14
5. In case of any such preceding misconduct on the part of such official(s) is reported by the
Bidder to the Principal / Owner willful and verifiable facts and the same is prima facie found to
be correct by the Principal / Owner, necessary disciplinary proceedings, or any other action as
deemed fit, including criminal proceedings may be initiated by the Principal / Owner and such a
person shall be debarred from further dealing related to the tender / contract process. In such a
case while an Inquiry is being conducted by the Principal / Owner the tender process /
proceedings under the contract would not be stalled.
Commitments of Bidders
6. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activities during any stage of his bid or during any pre-contract or post-
contract stage in order to secure the contract or in furtherance to secure it and in particular
commits himself to the following :-
6.1 Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward,
favour any material or non-material benefit or other advantage, commission, fee, brokerage or
inducement to any official of the Principal / Owner, connected directly or indirectly with the
bidding process, or to any person, organization or third party related to the contract in
exchange for any advantage in the bidding, evaluation, contracting and implementation of the
Contract.
6.2 The Bidder further undertakes that he has not given, offered or promised to give, directly or
indirectly any bribe, gift, consideration, reward, favour any material or non-material benefits or
other advantage, commission, fees, brokerage or inducement to any official of the Principal /
Owner or otherwise in procuring the Contract 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 Government
for showing or forbearing to show favour or disfavour to any person in relation to the Contract
or any other Contract with the Government.
6.3 The Bidder will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting and
implementation of the contract.
6.4 The Bidder will not accept any advantage in exchange for any corrupt practice, unfair means
and illegal activities.
6.5 The Bidder would not enter into conditional contract with any Agent(s), broker(s) or any other
intermediaries wherein payment is made or penalty is levied, directly or indirectly, on
success or failure of the award of the contract.
6.6 The Bidder commits to refrain from giving any complaint directly or through any other manner
without supporting it with full and verifiable facts. Complaint will be processed as
perGuidelines for Handling of Complaints in vogue. In case the complaint is found to be
vexatious, frivolous or malicious in nature, it would be construed as a violation of Integrity Pact.
7. Previous Transgression
7.1 The Bidder declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact with any other company in respect of any
corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any
Government Department in India.
7.2 If the Bidder makes incorrect statement on this subject, Bidder can be disqualified from tender
process or the contract and if already awarded, same can be terminated for such reason.
8.1 Bidders are advised to have a company code of conduct (clearly rejecting the use of bribes and
other unethical behaviour) and a compliance program for the implementation of the code of
conduct throughout the country.
Contd…../-
CA No. CESZ/BIN(S)/03 OF 2020-2021 SERIALPAGE No. : 15
9.1 Any breach of the aforesaid provisions by the Bidder or any one employed by him or acting on
his behalf (whether with or without the knowledge of the Bidder) or the commission of any
offence by the Bidder or any one employed by him or acting on his behalf, as defined in
Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act 1988 or any
other act enacted for the prevention of corruption shall entitle the Principal / Owner to take all
or any one of the following actions, wherever required:-
(i) Technical bid of the Bidder will not be opened. Bidder will not be entitled to or given any
compensation. However, the proceedings with the other Bidder(s) would continue.
(ii) Financial bid of the Bidder will not be opened. Bidder will not be entitled to or given any
compensation. However, the proceedings with the other Bidder(s) would continue.
(iii) The Earnest Money Deposit shall stand forfeited either fully or partially, as decided by
the Principal / Owner, in case contract is not awarded to the Bidder and the Principal /
Owner shall not be required to assign any reason therefor. For enlisted contractors an
amount less than or equal to Earnest Money Deposit as decided by the Principal/
Owner shall be deducted from any amount held with the Department / any payment
due.
(iv) To immediately cancel the contract, if already concluded / awarded without any
compensation to the Bidder.
(vii) To temporarily suspend or temporarily debar / permanently debar the bidder as per the
extant policy.
(viii) If adequate amount is not available in the present tender / contract, the deficient
amount can be recovered from any outstanding payment due to the Bidder from the
Principal / Owner in connection with any other contract for any other works/services.
(ix) If the Bidder or any employee of the Bidder or any person acting on behalf of the
Bidder, either directly or indirectly, is closely related to any of the officers of the
Principal / Owner, or alternatively if any close relative of an officer of the Principal /
Owner has financial interest/stake in the Bidder’s firm, the same shall be disclosed by
the Bidder at the time of submission of tender. Any failure to disclose the interest
involved shall entitle the Principal / Owner to debar the Bidder from the bid process or
rescind the contract without payment of any compensation to the Bidder. The term
‘close relative’ for this purpose would mean spouse whether residing with the
Government servant or not, but does not include a spouse separated from the
Government servant by a decree or order of a competent Court; son or daughter or
step son or step daughter and wholly dependent upon Government servant, but does
not include a child or step child who is no longer in any way dependent upon the
Government servant or of whose custody the Government servant has been deprived
of by or under any law; any other person related, whether by blood or marriage, to the
Govt servant or to the Government servant’s wife or husband and wholly dependent
upon Government servant.
(x) The Bidder shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the Principal /
Owner and if he does so, the Principal / Owner shall be entitled forthwith to cancel the
contract and all other contracts with the Bidder.
Contd…../-
CA No. CESZ/BIN(S)/03 OF 2020-2021 SERIALPAGE No. : 16
9.2 The decision of the Principal / Owner to the effect that a breach of the provisions of this
Integrity Pact has been committed by the Bidder shall be final and binding on the Bidder.
However, the Bidder can approach the Independent External Monitor(s) (IEMs) appointed for
the purposes of this Pact.
10.1 MoD has appointed the following Independent External Monitors for this pact in consultation
with the Central Vigilance Commission:-
10.3 In case of any complaint with regard to violation of Integrity Pact, either party can approach
IEMs with copy to the Nodal Officer and the other party. If any such complaint from bidder is
received by the Principal / Owner, the Principal / Owner shall refer the complaint to the
Independent External Monitors for their recommendations / inquiry report.
10.4 If the IEMs need to peruse the relevant records of the Principal/ Owner and/or of the Bidder /
Contractor in connection with the complaint sent to them, the Principal/ Owner and/ or the
Bidder/ Contractor shall make arrangement for such perusal of records by the IEMs as
demanded by them including unrestricted and unconditional access to the project
documentation and minutes of meeting. If records / documents of Sub—Contractor(s) are also
required to be perused by the IEMs, the Bidder shall make arrangement for such perusal of
records by the IEMs as demanded by them. IEMs are under obligation to treat the information
and documents of the Principal/Owner and Bidder/ Contractor/Sub-Contractors with
confidentiality.
10.5. The task of the IEMs, is to review independently and objectively, any complaint received with
regard to violation Integrity Pact and offer recommendations or carry out inquiry as deemed fit.
The IEMs are not subject to any instructions by the representatives of the parties and shall
perform their functions neutrally and independently. The report of inquiry, if any, made by the
IEMs shall be submitted to either of the following for a final and appropriate decision in the
matter keeping in view the provision of this Pact:-
In case of any allegation of violation of any provisions of this Integrity Pact or payment of
commission, the Principal / Owner or its agencies shall be entitled to examine the Books of
Account of the Bidder and the Bidder shall provide necessary information of the relevant
financial documents in English and shall extend all possible help for the purpose of such
examination.
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the
Principal / Owner.
Contd…../-
CA No. CESZ/BIN(S)/03 OF 2020-2021 SERIALPAGE No. : 17
The actions stipulated in this Integrity pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.
(b) Partnership firm:The Integrity Pact must be signed by all partners or by one or more
partner holding power of attorney signed by all partners.
(c) Limited Liability firm:The Integrity Pact must be signed by all partners or by one or
more partner holding power of attorney signed by all partners.
(e) Joint Venture:The Integrity Pact must be signed by all partners and members to Joint
Venture or by one or more partner holding power of attorney signed by all partners and
members to the Joint Venture.
15. Validity
15.1 The validity of this Integrity Pact shall be from date of its signing. It expires for the Contractor
after the final payment under the contract has been made or till the continuation of Defect
liability period, whichever is later and for all other bidders, till the Contract has been awarded.
15.2 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
intentions.
CA No. CESZ/BIN(S)/03 OF 2020-2021 SERIALPAGE No. : 18
INTEGRITY PACT
To,
……………………………………………
……………………………………………
……………………………………………
……………………………………………
……………………………………………
Dear Sir,
It is hereby declared that MES is committed to follow the principle of transparency, equity and
competitiveness in public procurement.
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder
will sign the Integrity Agreement, which is an integral part of tender / bid documents, failing the tender/
bidder will stand disqualified from the tendering process and the bid of the bidder would be summarily
rejected.
This declaration shall form part and parcel of the Integrity Agreement and signing of the same shall be
deemed as acceptance and signing of the Integrity Agreement on behalf of the MES.
Yours faithfully,
(……………………….)
………………………..
CE Siliguri Zone
CA No. CESZ/BIN(S)/03 OF 2020-2021 SERIALPAGE No. : 19
INTEGRITY PACT
To,
Dear Sir,
I / We acknowledge that MES 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 MES. I / We
acknowledge and accept the duration of the Integrity Agreement, which shall be in the line with Para
15 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, MES 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,