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Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 1 of 27
Request for Proposal (RFP)
For Selection of Intelligent Traffic Management (ITMS)
Solution/Technology partners for Faridabad Smart City
Limited
ITI Limited
Bangalore Plant
Issued by: ITI Limited Bangalore Plant; Doorvaninagar; Bangalore -560016. Regd. Office: ITI Bhavan, Doorvaninagar, Bangalore -560016
Website: www.itiltd-india.co.in
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 2 of 27
PART 1
INTRODUCTION
ITI Limited, a Public Sector Undertaking under the Department of
Telecommunications, Ministry of Communications & IT, is a leading Telecom
equipment manufacturer and solution provider in India. The major customers are
BSNL, MTNL, Defense, Paramilitary forces and Railways.
ITI seeks the partnership from Reputed Technology Providers for complete
INTELLIGENT TRAFFIC MANAGEMENT SOLUTION FOR
FARIDABAD SMART CITY as per RFP of the customer viz
https://mcfbd.haryanaeprocurement.gov.in/indexes/tender_details/NjgzNDY
=.
ITI will form consortium of Partner/s (not more than three) covering ITMS
scope of work as per the RFP requirements of Customer.
The Technology Partner/s shall be ready to support ITI for the said RFP for
bidding, Supply, Installation & Maintenance for INTELLIGENT
TRAFFIC MANAGEMENT SOLUTION to be offered to customer.
Support to be provided for minimum 5 years after commissioning and GO
LIVE of entire system.
With this background, ITI invites business proposal from Technology providers of
INTELLIGENT TRAFFIC MANAGEMENT SOLUTION who are fulfilling
the following conditions to address the tender together as a form of consortium.
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 3 of 27
PART 2
SCOPE OF THE WORK
ITI plans to address INTEGRATED SMART CITY SOLUTION FOR
FARIDABAD SMART CITY tender floated by Faridabad Smart City
Limited,https://mcfbd.haryanaeprocurement.gov.in/indexes/tender_details/NjgzND
Y=linkfor detailed RFP (There will be three documents named Instruction to
bidders, Scope of work, Master Service agreement for your information). Through
this RFP ITI intends to partner with OEMs / Technology providers / System
Integrators with experience of Installation of INTELLIGENT TRAFFIC
MANAGEMENT SOLUTION along with all the solution mentioned by customer
(FARIDABAD SMART CITY LIMITED) in the customer RFP.
As per Scope of work, the bidder shall provide the complete product with Solution
as per the terms & Conditions of Customer’s RFP vide reference above on total
back to back basis. With this background, ITI invites proposal from OEMs /
Technology providers / SI, an Indian Registered Companies hereinafter referred to
as “Bidder/s”, to address customer specific Tender for INTEGRATED SMART
SOLUTION FOR SMART CITY FOR FARIDABAD. The detailed scope of work
shall meet bidder deliverables and can be accessed from the above link of customer
document. A separate MOU / Consortium agreement will be signed between the
selected partner/s & ITI.
The bidder shall determine the total sale price of their quoted part inclusive of all
applicable taxes and duties as per Annexure-III & customer’s BOM. Based on this
calculated value, the bidder shall quote a fixed percentage of the total arrived value
as margin for ITI. However, the successful bidder shall submit the detailed pricing
as per the individual bill of Quantities (BOQ) for the quoted part inclusive of all
taxes and duties at least two days before ITI’s submission of the consolidated bid
to the end customer viz. Faridabad Smart City Ltd.
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 4 of 27
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 5 of 27
PART 3
CRITICAL INFORMATION
Submission of a proposal in response to this notice shall be deemed to have been
done after careful study and examination of this document and customer’s RFP
with full understanding of its terms, conditions and implications.
Sl.
No.
Information Details
1. RFP Ref. and Date AGM/ IOT&HRD /FSCL/MAR/MSI-RFP
Dated:10-03-2018
2. Last date for submission of RFP
proposal
20-03-2018,16:00 Hrs
Queries to be Posted on or before 16-03-2018,16:00 Hrs
3. Address at which proposal in
response to RFP is to be submitted
Deputy General Manager
(MM)
Bangalore Plant,
ITI limited, Doorvaninagar
Bangalore - 560 016.
Phone No.: 080 - 28503662
4. Opening of responses
21-03-2018, 14:30 Hrs
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 6 of 27
PART 4
ELIGIBILITY CONDITIONS (Clause by clause compliance)
1. The Bidder shall have the capability for the INTELLIGENT TRAFFIC
MANAGEMENT SOLUTION technology as per the Customer’s RFP to enable
ITI to Address the Bid for Supply, Installation and maintenance of INTELLIGENT
TRAFFIC MANAGEMENT SOLUTIONwith compliance of customer’s
requirement.
2. The Bidder shall have support center in the Northern Zone preferably in
Faridabad. If not already having, should submit undertaking to open the facility
within one month after entering into MOU.
3. The bidder should have executed at least one such INTELLIGENT TRAFFIC
MANAGEMENT SOLUTION or similar Solution to any customer in India and
proof for the same to be enclosed.
4.Bidder should have implemented Traffic Signals projects with the supply &
installation of signals lights, traffic controllers & control centre, involving more
than 40 intersections in India in last 5 years as on 31.03.2017.
5. The Bidder shall have a financial background with cumulative turnover of
atleast 40 Cr. From ITMS/ ATCS/ Traffic signals implementation projects as
specified in the customer RFP tender. Audited Balance sheet for 3 years to be
enclosed.
6. The Bidder shall have sufficient manpower to carry out the activities as per RFP
and also Bidder shall deploy complete competent project Management team during
project implementation and there after operation staff. TechnicalManpower list
with qualification to be enclosed.
7. The Bidder shall not be black listed by any Govt. Agency.
8. The bidder shall be an ISO 9001:2015/CMM Level -3, ISO/IEC 27001: 2013or
equivalent certified company and shall submit copies of valid certificates.
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 7 of 27
9. The bidder should have PAN, GST registrations in India for carrying out the
scopes covered in the tender.
PART 5
GENERAL CONDITIONS
1. Bidders shall send their proposal in single sealed cover to the following
address:
Deputy General Manager (MM)
Bangalore Plant,
ITI limited, Doorvaninagar
Bangalore - 560 016.
Phone No.: 080 - 28503662
2. Period of Validity of offers: The offer shall remain valid for a period of at
least 180 days from the due date of bid submission. Offers valid for a shorter
period shall be rejected.
3. The last date for receiving the proposal 20-03-2018, 16.00 hrs.
4. In case the date of submission of bid is declared to be a holiday, the bid may
be submitted on the next working day of ITI.
5. In case there are any clarifications on this notification, please contact
Manager – IoT at [email protected].
6. Late offer: Any offer received after the prescribed timeline shall be rejected
and shall be returned unopened to the vender.
7. Language of offers: The offers prepared by the vendor and all the
correspondences and documents relating to the offers exchanged by the
vendor, shall be in English language.
8. Award of Contract: After completing evaluation and selection of three
Technology Partners based on the offer and further negotiations, if any, ITI
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 8 of 27
shall enter into a Memorandum of Understanding (MOU) with the vendor/s
and also consortium agreement will be signed with all three vendors
9. Currency of Purchase Order: ITI will place Purchase Order on Bidder in
INR. Any foreign exchange variation shall be borne by the Bidder.
10. Liquidated Damages/Penalty: LD/penalty incurred on account of short
closure of order, delay in supply, technical evaluation, installation, Site
acceptance test, system commissioning, product failure during warranty if
any and deficiency in Warranty and Maintenance services (attributable to the
bidder) shall be borne by the bidder.
11. Authorized Signatory: All certificates and documents received as part of the
offer shall be signed by the Authorized Representative (signing is not
mandatory for technical manuals or documentation). The power or
authorization, or any other document consisting of adequate proof of the
ability of the signatory to bind the vendor shall be submitted if demanded by
ITI.
12. The Successful Partner shall be willing to participate along with ITI for
any future Intelligent Traffic Management Solution ITMS/ ATCS/
TRAFFIC SIGNAL tenders and also should accept Customer’s terms
before ITI quotes to any prospective projects in the respective domain
on back to back basis.
13. The Successful Partner shall be willing to submit required Bank guarantee
(BG) as per prospective Customer’s terms and also to the ITI before ITI
quotes to any prospective projects.
14. Performance Bank Guarantee (PBG): Within fifteen (15) working days
from the date of issuance of LOI, the successful Bidder shall at his own
expense submit unconditional and irrevocable Performance Bank Guarantee
(PBG) to the Authority.
15. The PBG shall be from a Nationalized Bank payable on demand, for the due
performance and fulfilment of the contract by the bidder.
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 9 of 27
16. This Performance Bank Guarantee shall be for an amount equivalent to 10%
of total contract value.
17. The partner should be willing to work on outrate purchase as well as various
mode like: Public Private Partnership (PPP), Design Build Finance Operate
& Transfer (DFBOT), Build Operate Own Transfer (BOOT), etc as required
by customer.
18. ITI reserves the right to suspend or cancel the RFP process at any stage, to
accept, or reject any, or all offers at any stage of the process and / or to
modify the process, or any part thereof, at any time without assigning any
reason, without any obligation or liability whatsoever.
19. Cost of RFP: The vendor shall bear all costs associated with the preparation
and submission of its RFP, including cost of presentation for the purposes of
clarification of the offer, if so desired by ITI. ITI will in no case be
responsible or liable for those costs, regardless of the conduct or outcome of
the RFP process.
20. The Vendor shall be ready to give clarifications on any part of the offer to
ITI.
21. All the pages of the bid must be sequentially numbered. The bid documents
must contain in the beginning of the document, a list of contents with page
numbers. Any deficiency in the documentation may result in the rejection of
the Bid.
22. Amendment of RFP: At any time prior to the last date for receipt of offers,
ITI, may, for any reason, whether at its own initiative or in response to a
clarification requested by a prospective vendor, modify the RFP document
by an amendment. In order to provide prospective vendor reasonable time in
which to take the amendment into account in preparing their offers, ITI may,
at their discretion, extend the last date for the receipt of offers and/or make
other changes in the requirements set out in the Invitation for RFP.
23. Changes in Tax Structure: Any increase in the taxes after signing the MoU
shall be borne by the Bidder
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 10 of 27
24. Disclaimer: ITI and/or its officers, employees disclaim all liability from any
loss or damage, whether foreseeable or not, suffered by any person acting on
or refraining from acting because of any information including statements,
information, forecasts, estimates or projections contained in this document
or conduct ancillary to it whether or not the loss or damage arises in
connection with any omission, negligence, default, lack of care or
misrepresentation on the part of ITI and/or any of its officers, employees.
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 11 of 27
PART 6
BID DOCUMENTS
1. The offers shall be submitted in a single cover clearly marked as “RFP for
Selection of Partner for INTELLIGENT TRAFFIC MANAGEMENT
SOLUTIONPROJECT for FARIDABAD” which shall contain the following
two sealed covers inside.
2. The first cover (clearly marked as Technical BID) shall contain the following
documents: -
a) Clause-by-clause compliance to this RFP, including Annexure-I. (List of
documents to be enclosed is mentioned at Annexure I)
b) Clause-by-clause compliance to the Customer’s RFP
videhttps://mcfbd.haryanaeprocurement.gov.in/indexes/tender_details/NjgzNDY=a
long with Annexure-I.
c) Supporting Documents for Technical Bid as per RFP of the customer.
d) Pre-Contract Integrity Pact duly signed as per format given in Annexure IV.
3. The second cover (clearly marked as Commercial Bid) shall contain:
a) Compliance for Commercial Bid as per Annexure II
b) Price Bid Format as per Annexure III
PART 7
EVALUATION PROCESS
1. Bidder shall submit their proposals which include both technical and
commercial Bid.
2. The ITI shall evaluate the responses to the RFP and all supporting documents &
documentary evidence. ITI may seek additional documents as it deems necessary.
3. The responses shall be evaluated to validate competence of the applicant
according to the supporting documents specified in this document.
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 12 of 27
4. The commercial bids of the technically qualified bidders for the corresponding
Group/s will be evaluated based on the percentage margin to be quoted by the
bidders described under part-2. The bidder who quotes the highest margin for ITI
shall be selected as the successful bidder and will be the consortium partner of ITI
for final bidding to the customer. The successful bidder shall enter into a
consortium with ITI for the purpose of participation in the final bid to the
customer.
5. The decision of ITI Evaluation Committee in the evaluation of responses to the
RFP shall be final. No correspondence will be entertained outside the evaluation
process of the Committee.
6. The Evaluation Committee reserves the right to reject the proposal.
Presentation with Approach & Methodology
1. Shortlisted Bidder for Technical Evaluation shall give a presentation if required
for complete solution. The solution must be;
i) As per the RFP terms of customer
videhttps://mcfbd.haryanaeprocurement.gov.in/indexes/tender_details/NjgzNDY=
2. The presentation should provide a representative solution to integrate various
aspects of the project as per the scope.
3. Presentation shall be given in English.
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 13 of 27
PART 8
EMD (Earnest Money Deposit)
The successful bidders for corresponding solutions shall submit EMD as per
customer’s RFP. Bidder shall agree for payment of Minimum but not limited to
25% of the full amount ofINR 2,30,00,000/- {Rupees Two Crore Thirty Lakh.)
for their scope of work on back to back basis as per RFP terms of customerin the
form of Demand Draft (DD) OR Bank Guarantee as mentioned in customer’s RFP.
from a Nationalised bank at the time of entering into Consortium agreement.
CONSORTIUM
No. of member in the consortium shall not exceed more than three including Lead
Member.
Turnover Criteria
1. The turnover shall be as per RFP terms of customer.
Project Experience Criteria
The bidders quoting for related scope of work of customer’s RFP shall submit
corresponding project experience as per the customers RFP in order to fulfil the
marks criteria for technical solutions.
ITI reserves the right to select solution provider for all the tasks mentioned in
the customer RFP for consortium of maximum three members based on their
execution capabilities, experience, turnover, CMMI level-5 certification,
percentage margin provided to ITI,etc.
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 14 of 27
PART 9
QUERIES
• All queries may be sent to the following Officer of ITI by post, or e-mail
on or before16-03-2018, 16:00 Hrs.
Deputy General Manager (MM)
Bangalore Plant,
ITI limited, Doorvaninagar
Bangalore - 560 016.
Phone No.: 080 - 28503662
• All enquiries / clarifications from the Applicants, related to this RFP, must
be directed in writing exclusively to the contact person. Enquiries received
after the due date shall not be entertained.
• The preferred mode of delivering questions is through e-mail. The queries
by the applicants shall be raised in the following format.
Sl. NO. Page No. Clause of The
RFP
Clarification
needed
• The corrigendum (if any) shall be posted on at www.itiltd-india.com.
• In order to provide prospective applicants reasonable time for taking the
corrigendum into account, ITI may, at its discretion, extend the last date for
the receipt of RFP proposals which shall be notified through ITI portal
www.itiltd-india.com and https://eprocure.gov.in/cppp/
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 15 of 27
Annexure – I
Documents in support of meeting the eligibility conditions
(Please fill details and enclose supporting documents wherever required
&applicable.)
Sl.
No.
Description Remarks Page
No.
1 Name of the Company
2 Contact Details (Name, Designation, Landline /
Mobile No. , Email id, FAX No. , website etc.)
3 Organization Profile
4 Certificate of Incorporation / Registration details
5 Articles & Memorandum of Association with
CIN No.
6 Area of Business for which firm is registered
7 Audited Annual Report / Accounts of P&L
statements for the financial years (2013-14,
2014-15 & 2015-16)
8 Annual turnover for the Financial years as per
audited Accounts (2014-15 & 2015-16,2016-17)
9 Positive Net worth as per Audited Accounts for
the Financial Year (2014-15 & 2015-16,2016-
17)
10 GST Registration certificate
11 Copy of PAN certificate
12 Copy of IT returns filed during the past three
years
13 Solvency Certificate issued by any scheduled
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 16 of 27
bank during the last 6 months
14 If the company is SI or Technology Partner.
Letter from OEM in favor of the signatory.
15 Previous experience of handling similar projects / works
must have experience in Supply Installation, Testing,
Commissioning, O&M as a System Integrator (SI) for
Intelligent Traffic management solution
Bidder’s solution shall be integrable with other solution
as per customer’s RFP.
Traffic Signals for work of minimum value single order
Rs. 69 crores (Order Include CCTV, Storage,
ICCC/RMS) or Two Orders Values 43 Crore Each Or
Three orders of order values 35 Crore each in last five
Financial years as on 31st March 2017.
16 Bidder should have implemented Traffic Signals projects with the supply & installation of signals lights, traffic controllers & control centre, involving more than 40 intersections in India in last 5 years as on 31.03.2017
• Details of POs Executed (Sample PO copies to
be enclosed)
• Copy of Performance / Completion Certificates
issued by Customer, if any
17 Previous Experience with ITI Limited, if any
18 Acceptance for all terms and conditions of
customer RFP on Back to Back basis.
19 Acceptance to partner with ITI on exclusive
basis to address the tender of the said RFP
during the contract period with ITI for back-to-
back business model
20 Willingness to execute MOU and Consortium
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 17 of 27
agreement as per mutually agreed terms &
conditions and also as per the service level
agreement as per customer’s RFP
21 Willingness for life-time product support with
AMC if required by customer. i.e. Repair,
Replacement and Spares as per customer
requirement.
22 Willingness to incorporate necessary up-
gradations/modifications in hardware / software
by OEM either on its own for improvements or
in accordance to the customer requirements, as
per tender terms.
23 Acceptance to work out the price at the
competitive rate jointly with ITI to address
tender.
24 Acceptance to get Third party certification of the
product as per customer requirement at your
own cost
25 Man Power Details
• Technical
• Non-Technical
26 Not Black listed certificate (undertaking).
27 ISO or equivalent certificate
28 Details of support center in Northern Zone
( preferably Faridabad )
29 Acceptance for Demo / Proof of Concept (PoC)
at site as per customer’s RFP requirement on
No Cost No Commitment (NCNC) basis
30 Any legal cases pending against the company?
If any, details to be furnished.
31 Sole bidder/Lead Bidder (in case of consortium)
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 18 of 27
or any of its members should be Transfer of
Technology (TOT) partner to CDAC for ATCS.
Annexure – II
Commercial Requirements
Sl.
No.
Description Remarks Page No.
1 Name of the Organization (Company / Partnership
firm /Proprietorship concern, etc.)
2 Bidder shall agree for payment of EMD amount
Minimumbut not limited to 25%, (as per PART 8)
for their scope of work on back to back basis as
per RFP terms of customer
3 Bidder shall agree to bear all the cost of Project
implementation, Operation and Maintenance
including operational cost. The bidder shall align
to Customer’s payment terms including all
applicable taxes, duties, any other charges on back
to back basis as per RFP conditions.
4 The payment to partners will be made on back to
back basis i.e after receiving the same from
customer as certified by competent authority after
successful implementation and integration with
relevant system.
5 Any Liquidated Damages (LD) or any other
penalties imposed by the Customers on account of
delay or deficiency of service or any other reason
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 19 of 27
attributable to their scope will be borne by bidder.
6 Bidder shall give training to concerned ITI
officials & Customers both at the place designated
by customer free of cost.
7 Bidder shall agree to modify / update software
according to the customer requirement free of cost
during the contract period.
8 Bidder shall agree to handle and bear the cost in
case of any legal consequences due to IP/license of
hardware / software installed for the services
mentioned in the RFP.
9 Bidder shall agree to obtain relevant Statutory
licenses for operational activities and /or Services,
wherever applicable.
10 Bidder shall agree that the projects initiated during
the contract period, will be completed in all
respects, contract obligation with the customer,
even if the partnership with ITI is over. Similarly,
legal formalities / legal cases if any will be
supported by the bidder till the end of settlement
of all issues.
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 20 of 27
Annexure – III
Price Bid Format for Margin to be quoted.
Sl.No Group/ Individual solution Percentage Margin
offered for ITI
1 Intelligent Traffic Management solutions
Commercial bid format for the successful bidder who shall submit the
detailed price bid below given format only after selection process.
Price Bid Format
Refer customer’s Tender DocumentINSTRUCTIONS TO BIDDERS at page
no.64 under ANNEXURE 4 named “BILL OF MATERIAL”.
The bidder shall provide detail price breakup with their quote for all solution
according to customer RFP & as mentioned in customer BOM in the below given
format.
SL.
NO.
Activity
/Items/Components/Solutions
Basic
price
in
INR
Goods Services Any other
Taxes/Duty Total
CGST SGST CGST SGST
Note: Bidder can add items if required as per BOM given in Customers RFP
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 21 of 27
Price bid for OPEX (in INR)
Sl.no
Activity
/Items/Components/Soluti
ons
Post Go-Live Stage of 60 months after issue of work order
Year-1
(in
INR)
Year-2
(in INR)
Year-3
(in
INR)
Year-4
(in
INR)
Year-5
(in
INR)
Total
(inc.
of all
taxes)
Total Opex price
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 22 of 27
Annexure – IV
Pre-Contract Integrity Pact
This pre-bid pre-contract agreement (hereinafter called the Integrity Pact) is made on day of
………….... the month of …….. , between, ITI Limited, Dooravaninagar, Bangalore – 560016,
India, (hereinafter called the "BUYER", which expression shall mean and include, unless the
context otherwise requires, his successors in office and assigns) of the First Part and M/s
…………….……. (Address of the Bidder) (Hereinafter called the "BIDDER” which expression
shall mean and include, unless the context otherwise requires, his successors and permitted
assigns) of the Second Part.
WHEREAS the BUYER proposes to invite Expression of Interest (EoI) for selection /
empanelment of technology partner for a technical tie-up with ITI for the
marketing/manufacturing of
……………….….. (Name of the product) and the BIDDER is willing to participate in the EoI as
per the terms and conditions mentioned thereon;
WHEREAS the BIDDER is a private company/public company/Government
undertaking/partnership company (strike off whichever is not applicable), constituted in
accordance with the relevant law in the matter and the BUYER is a PSU under the Department
of Telecommunications, Ministry of Communications & IT, Government of India.
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 currency of the contract to be entered into with a view to: -
Enabling the BUYER to select/ empanel a technology partner for the marketing/ manufacturing
of …. (name of the product) through the EoI in a transparent and corruption free manner, and
Enabling BIDDERs to abstain from bribing or Indulging in any corrupt practice in order to
secure the contract by providing assurance to them that their competitors will also abstain from
bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any
form, by its officials by following transparent procedures.
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 23 of 27
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
Commitments of the BUYER
a) The BUYER undertakes that no official of the BUYER, 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.
b) The BUYER 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.
c) All the officials of the BUYER will report to the appropriate Government office any
attempted or completed breaches of the above commitments as well as any substantial
suspicion of such a breach.
2 In case any such preceding misconduct on the part of such official(s) is reported by the
BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be
correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit,
including criminal proceedings may be initiated by the BUYER and such a person shall be
debarred from further dealings related to the contract process. In such a case while an enquiry
is being conducted by the BUYER the proceedings under the contract would not be stalled.
3 Commitments of BIDDER
3.1 The BIDDER commits itself to take all measures necessary to prevent corrupt practices,
unfair means and illegal activities during any stage of its 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 commit itself to the following: -
a) The BIDDER 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 BUYER, connected directly or indirectly with
the bidding process, or to any person, organisation or third party related to the contract in
exchange for any advantage in the bidding, evaluation, contracting and implementation of the
contract.
b) The BIDDER 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
Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018
Page 24 of 27
other advantage, commission, fees, brokerage or inducement to any official of the BUYER 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.
c) BIDDERs shall disclose the name and address of agents and representatives and Indian
BIDDERs shall disclose their foreign principals or associates.
d) BIDDERs shall disclose the payments to be made by them to agents/ brokers or any other
Intermediary, in connection with this bid/contract.
e) The BIDDER further confirms and declares to the BUYER that the BIDDER is the original
manufacturer/ integrator and has not engaged any individual or firm or company whether
Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of
its functionaries, whether officially or unofficially to the award of the contract to the
BIDDER, nor has any amount been paid, promised or intended to be paid to any such
individual, firm or company in respect of any such, intercession, facilitation or
recommendation.
f) The BIDDER either while presenting the bid or during pre-contract negotiations or before
signing the contract, shall 'disclose any payments he has made, is committed to or intends to
make to officials of the BUYER 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.
g) 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.
h) The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
i) The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass
on to others, any information provided by the BUYER as part of the business relationship,
regarding plans, technical proposals and business details, including information contained in
any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care
lest any such information is divulged.
j) The BIDDER commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
k) The BIDDER shall not instigate or cause to instigate any third person to commit any of the
actions mentioned above.
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Page 25 of 27
l) If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or
alternatively, if any relative of an officer of the BUYER has financial interest/stake in the
BIDDER's firm, the same shall be disclosed by the BIDDER at the time of filing
of tender. The term 'relative' for this purpose would be as defined in Section 6 of the
Companies Act 1956.
m) 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 BUYER.
4 Previous Transgression
a) 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 any country
in respect of any 'corrupt practices envisaged hereunder or with any Public Sector
Enterprise in India or any Government Department in India that could justify BIDDER's
exclusion from the tender process.
b) The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be
disqualified from the tender process or the contract, if already awarded, can be terminated
for such reason.
5 Sanctions for Violations
a) Any breach of the aforesaid provisions by the BIDDER or anyone employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle
the BUYER to take all or any one of the following actions, wherever required:-
i. To immediately call off the pre contract negotiations without assigning any reason or
giving any compensation to the BIDDER. However, the proceedings with the other
BIDDER(s) would continue.
ii. To immediately cancel the contract, if already signed, without giving any compensation
to the BIDDER.
iii. To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to
pay compensation for any loss or damage to the BUYER resulting from such
cancellation/rescission.
iv. To recover all sums paid in violation of this Pact by the BIDDER(s) to any middleman or
agent or broker with a view to securing the contract.
b) The BUYER will be entitled to take all or any of the actions mentioned above, also on the
Commission by the BIDDER or anyone employed by it or acting on its behalf (whether
with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX
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Page 26 of 27
of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute
enacted for prevention of corruption.
c) The decision of the BUYER to the effect that a breach of the provisions of this Pact has
been committed by the BIDDER shall be final and conclusive on the BIDDER. However,
the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this
Pact.
6 Independent Monitors
a) The BUYER appoints Independent Monitor (hereinafter referred to as Monitor) for this
Pact in consultation with the Central Vigilance Commission.
b) The task of the Monitor shall be to review independently and objectively, whether and to
what extent the parties comply with the obligations under this Pact.
c) The Monitor shall not be subject to instructions by the representatives of the parties and
perform their functions neutrally and independently.
d) Both the parties accept that the Monitor have the right to access all the documents
relating to the project/procurement, including minutes of meetings.
e) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will
so inform the Authority designated by the BUYER.
f) The BIDDER(s) accept(s) that the Monitor has the right to access without restriction to
all Project documentation of the BUYER including that provided by the BIDDER. The
BIDDER will also grant the Monitor, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his project documentation. The Monitor
shall be under contractual obligation to treat the information and documents of the
BIDDER with confidentiality.
g) The BUYER will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the parties. The parties will offer to the Monitor the option
to participate in such meetings.
h) The Monitor will submit a written report to the designated Authority of BUYER within 8
to 10 weeks from the date of reference or intimation to him by the BUYER I BIDDER
and, should the occasion arise, submit proposals for correcting problematic situations.
7 Facilitation of Investigation
a) In case of any allegation of violation of any provisions of this Pact or payment of
commission, the BUYER or its agencies shall be entitled to examine all the documents
including the Books of Accounts of the BIDDER and the BIDDER shall provide
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Necessary information and documents in English and shall extend all possible help for
the purpose of such examination.
8 Law and Place of Jurisdiction
a) This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat
of the BUYER.
9 Other Legal Actions
a) 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.
10 Validity
a) The validity of this Integrity Pact shall be from date of its signing and extend up to the
contract period with the BUYER in case a contract is signed. In case BIDDER is
unsuccessful, this Integrity Pact shall expire after six months from the date of the signing
of the contract.
b) Should one or several provisions of this Pact turn out to be invalid, the remainder of this
Pact shall remain valid. In this case, the parties will strive to come to an agreement to
their original intentions.
11 The parties hereby sign this Integrity Pact:
BUYER BIDDER
Name of the Officer. CHIEF EXECUTIVE OFFICER
Designation M/s …. (Address)
ITI Limited (Address)
Place: Place:
Date: Date:
Witness:
1. ……….. 1. …………
2. ……….. 2. …………