notice inviting tender - kioclltd.in · kudremukh page 2 of 17 seal and signature of the bidder...

17
Page 1 of 17 SEAL AND SIGNATURE OF THE BIDDER ಕಐಓಎ (ಭರತ ಸಕಾರದ ಉದಯಮ) ಎರಡನೇ ಹಂತ, ಕೇರಮಂಗಲ, ಸಜ೯ಪುರ ರೇ, ಬಂಗಳೂರು- ೫೬೦ ೦೩೪ ದರವ: ೦೮೦-೨೫೫೩೧೪೬೧-೭೦ : [email protected] :೦೮೦-೨೫೫೩೨೧೫೩/೨೫೬೩೦೯೮೪ : www.kioclltd.in के अइओसीएऱ लऱलमटेड (भारत सरकार का एक उयम) II ऱाक कोरामंगऱा,सरजापुर रोड बगऱूर-560 034 विभाग टेलऱफोन: ०८०- २५५३१४६१ - ७० ईमैऱ: [email protected] फे स:०८०-२५५३२१५३/२५६३०९८४ िबसाइट: www.kioclltd.in KIOCL LIMITED (A Government of India Enterprise) II Block, Koaramangala, Sarjapura Road Bangalore – 560 034 PURCHASE DEPARTMENT Telephone: 080 – 25531461 to 70 Email: [email protected] Fax: 080 - 25532153/25630984 Website: www.kioclltd.in KUDREMUKH ಐಏಓ 9001, 14001 ಮತು ಓಹಎಏಎ 18001 ಸ೦ೆ अई एस 9001, 14001 तथा ओएचएसएएस 18001 कपनी ISO 9001, 14001 & OHSAS 18001 COMPANY NOTICE INVITING TENDER TENDER NO: KIOCL/PUR/18BG/89/B-204/ DATE: 20.11.2018 M/s. Dear Sirs, Sub: Request for Quotation for Supply and Installation of Surpac Core (network) software along with 10 days training at KIOCL Ltd, Bangalore. Sealed tender is invited from you for Supply and Installation of Surpac Core (network) software along with 10 days training at KIOCL Ltd, Bangalore as per Scope of Work mentioned in Annexure-I and in accordance with techno commercial terms & conditions at Annexure – II. The bidder can submit their bid, in sealed envelope super scribing Tender Number, Due date and time of opening, The Sealed Cover can be dropped in Tender Box kept in Purchase Department, KIOCL Limited, Second Block, Koramangala, BANGALORE – 560 034 or can also be sent by Courier / Post/email. The Bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required as per the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the bidder‟s risk and shall result in rejection of the bid. Confirm acceptance of all Techno-commercial terms in to without any reservation. Quotations received after the “due date” and “time” will not be considered. Thanking you, For KIOCL Limited, -Sd- (Bolla Ramesh Babu) Deputy.Manager (Purchase) Mobile :+91 9480 936 999 Tel : (080)25531461 (10 lines) Fax : (080) 25630984 / 25532153 e-mail : [email protected] Due date for Submission of Quotation: 26.11.2018 at 2 PM

Upload: vanminh

Post on 13-Jul-2019

213 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

Page 1 of 17

SEAL AND SIGNATURE OF THE BIDDER

ಕೆಐಓಸಿಎಲ್ ಲಿಮಿಟೆಡ್

(ಭರತ ಸಕಾರದ ಉದಯಮ)

ಎರಡನೆೇ ಹಂತ, ಕೆ ೇರಮಂಗಲ, ಸಜ೯ಪುರ ರೆ ೇಡ್,

ಬೆಂಗಳೂರು- ೫೬೦ ೦೩೪

ದ ರವಣಿ: ೦೮೦-೨೫೫೩೧೪೬೧-೭೦ : [email protected]

ಫ್ಯಕ್ಸ್:೦೮೦-೨೫೫೩೨೧೫೩/೨೫೬೩೦೯೮೪

: www.kioclltd.in

केअइओसीएऱ लऱलमटेड

(भारत सरकार का एक उध्यम)

II ब्ऱाक कोरामंगऱा,सरजापरु रोड बैंगऱूर-560 034

क्रय विभाग

टेलऱफोन: ०८०- २५५३१४६१ - ७० ईमैऱ: [email protected]

फेक्स:०८०-२५५३२१५३/२५६३०९८४

िेबसाइट: www.kioclltd.in

KIOCL LIMITED

(A Government of India Enterprise)

II Block, Koaramangala,

Sarjapura Road

Bangalore – 560 034

PURCHASE DEPARTMENT

Telephone: 080 – 25531461 to 70

Email: [email protected] Fax: 080 - 25532153/25630984

Website: www.kioclltd.in

KUDREMUKH ಐಏಸ್ಓ 9001, 14001 ಮತ್ತು ಓಹೆಚ್ಎಸ್ಏಎಸ್ 18001 ಸ೦ಸ್ೆೆ अई एस ओ 9001, 14001 तथा ओएचएसएएस 18001 कम्पनी

ISO 9001, 14001 & OHSAS 18001 COMPANY

NOTICE INVITING TENDER

TENDER NO: KIOCL/PUR/18BG/89/B-204/ DATE: 20.11.2018 M/s.

Dear Sirs,

Sub: Request for Quotation for Supply and Installation of Surpac Core (network) software along with 10 days training at KIOCL Ltd, Bangalore. Sealed tender is invited from you for Supply and Installation of Surpac Core (network) software along with 10 days training at KIOCL Ltd, Bangalore as per Scope of Work mentioned in Annexure-I and in accordance with techno commercial terms & conditions at Annexure – II. The bidder can submit their bid, in sealed envelope super scribing Tender Number, Due date and time of opening, The Sealed Cover can be dropped in Tender Box kept in Purchase Department, KIOCL Limited, Second Block, Koramangala, BANGALORE – 560 034 or can also be sent by Courier / Post/email. The Bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required as per the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the bidder‟s risk and shall result in rejection of the bid. Confirm acceptance of all Techno-commercial terms in to without any reservation. Quotations received after the “due date” and “time” will not be considered.

Thanking you, For KIOCL Limited, -Sd- (Bolla Ramesh Babu) Deputy.Manager (Purchase) Mobile :+91 9480 936 999 Tel : (080)25531461 (10 lines) Fax : (080) 25630984 / 25532153 e-mail : [email protected]

Due date for Submission of

Quotation: 26.11.2018 at 2 PM

Page 2: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 2 of 17

SEAL AND SIGNATURE OF THE BIDDER

ANNEXURE – I SCOPE OF SUPPLY & WORK

I. SCOPE OF SUPPLY :

Surpac Core ( network ) software with following features :

a) Tools: Auto Plot, Data Plug Ins, String File Report, Draft Sight Pro Pack.

b) Geology: Geological Drill hole database, basic statistics, Geostatistics, Solids Modelling

with mesh tools, Block Modelling, Grade Calculation.

c) Engineering : Pit & Dump Design, Drill & Blast, Road Design

d) Surveying: Surface and underground surveying.

II. TRAINING: 10 Days training shall be imparted at KIOCL Ltd, Koramangala, Bangalore - 560

034, immediately after successful installation of the software. Training shall be conducted by

authorized personnel only.

III. SCOPE OF WORK :

a) The supplier shall be responsible for installation of the entire supplied software as per scope of supply.

b) The supplier shall depute experienced Engineers for Installation of the software and should complete the job as per agreed schedule.

c) The supplier shall be fully responsible for the performance of the software supplied by him at required parameters and for the efficiency of the installation to deliver the required end results.

d) In case the guarantee performance parameters are not achieved, supplier will make necessary modifications, adjustment etc., to achieve the guaranteed performance on free of cost basis. such modification if any may be done immediately.

Page 3: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 3 of 17

SEAL AND SIGNATURE OF THE BIDDER

ANNEXURE-II INSTRUCTION TO BIDDERS WITH COMMERCIAL TERMS AND CONDITIONS OF CONTRACT

The Bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents.

Failure to furnish all information required as per the bidding documents or submission of a bid not substantially

responsive to the bidding documents in every respect will be at the bidder ‟s risk and shall result in rejection of

the bid. Confirm acceptance of all Techno-commercial terms in to without any reservation.

In case bidder is silent on any clause mentioned in this tender document KIOCL shall construe that the

bidder had accepted all the clauses as per this Invitation to Tender.

AMENDMENTS TO BIDDING DOCUMENTS:

At any time prior to the deadline for submission of bids, the Tendering Authority, KIOCL Limited may, for any

reason modify, change, incorporate or delete certain conditions in the bidding document. All prospective bidders

are to note these changes on the official website of the Company.

TECHNO COMMERCIAL TERMS AND CONDITIONS:

1) PRICE: Please furnish your best / lowest and firm price on Site to Site basis including all charges i.e.

charges towards Supply includes packing & forwarding and freight , Installation and Training at KIOCL

Ltd, Bangalore as per Engineer-In-charge instructions. OFFERED PRICE SHOULD BE EXCLUSIVE OF

TAXES AND DUTIES.

Note :

a) GOODS & SERVICE TAX (GST): Percentage applicable to be indicated. Our GST No: 29AAACK8438M1ZX. Applicable TDS will be deducted as per GST Provision.

b) Bidders are requested submit their copy of GST Registration Certificate and PAN.

c) The price quoted shall be firm through-out the currency of the contract and is not subject to escalation of any kind whatsoever.

d) Conditional discount will not be taken in to account for the determination of lowest price.

2) TRANSIT INSURANCE: Transit Insurance shall be covered by you at your cost.

3) DELIVERY SCHEDULE: Please quote your best delivery. Since our requirement is very urgent.

4) AUTHORIZATION LETTER FROM OEM: Bidders are requested to submit their offer along with authorization letter/ valid certificate from OEM of software, failing which their offer will not be considered for further processing.

5) VALIDITY: Offer of the firm must remain valid for a period of 60 (Sixty) days from the date of opening

of the tender.

6) PAYMENT TERMS:

The payments shall be made as per the following terms and conditions.

For Software: 100% payment will be released after successful installation of software at KIOCL Ltd,

Bangalore as per scope of supply & work. The following documents are to be sent to Paying Authority:

i) 3 Sets of Invoices

ii) Successful installation certificate issued by our User Dept.

iii) Copy of Bank Guarantee towards Security Deposit.

Page 4: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 4 of 17

SEAL AND SIGNATURE OF THE BIDDER

For Training:

100% payment towards training will be paid only after successful completion of 10 days training to

KIOCL officials at KIOCL, Bangalore along with copy of certificate regarding satisfactory training.

KIOCL shall in accordance with the Indian Income Tax/ GST / other laws deduct from payments to be made to the supplier/contractor as advance tax such or all amounts at source as may be required for remitting to appropriate authorities. KIOCL shall issue suitable certificate for such deductions to the supplier/contractor.

7) CONSIGNEE: In charge (Mining, BP & D), KIOCL Limited, Bangalore-560 034.

8) PAYING AUTHORITY: In Charge (Finance & Accounts ),KIOCL Limited, Bangalore- 560 034

9) WARRANTY / AMC: The software shall be covered under warranty/AMC for updates to licensed

software, helpdesk service by telephone, email, on-line meetings, access to web based recourses for a

period of one year i.e, warranty from the date of successful installation of the software. The successful

bidder shall also be fully responsible for manufacturers warranty against manufacturing defects for

hardware lock ( Sentinel) and its satisfactory performance for all ordered items.

10) SECURITY DEPOSIT: Successful bidder have to furnish Security Deposit for 10% of the contract value

by way of Demand Draft/Bank Guarantee routed through any Nationalised Bank or Scheduled Bank in

India in favour of KIOCL Limited, within 15 days from the date of Receipt of Purchase Order. The Bank

Guarantee shall be on Rs. 200/- Non-Judicial Stamp paper strictly as per our format and should be valid

for a period of 12 months from the date of installation of the software. Bank Guarantee issued by Co-

operative Bank will not be accepted. The bank guarantee will be returned after expiry of the contract

period, if the performance of the item is satisfactory and due fulfillment of all contractual obligations. If

the Bank Guarantee is issued by any internationally reputed Foreign Bank,such Bank Guarantee shall be

counter guaranteed by any Nationalised Bank or Scheduled Bank in India.

NOTE: The Bank Guarantee format for Security Deposit consists of Interest Clause which is 15.5% per

annum of the Security Deposit value. The BG should incorporate this interest rate of 15.5% per annum

for the Security Deposit value. For some reasons if it is not possible to incorporate this interest rate of

15.5% then to that extent that much amount has to be added to the original Security Deposit for the

entire Guarantee period. i.e 15.5% of 10% of the original Security Deposit value.

11) INSPECTION: The ordered items as per scope of supply & work will be inspected by our Incharge

(Mining, BP & D), Bangalore or their authorized representative, which will be considered as final.

12) INTEGRITY PACT:

a) The tenderer shall execute Integrity pact agreement as per enclosed Integrity pact agreement. A copy of an Integrity Pact is enclosed. The copy of Integrity Pact is also available in our website : www.kioclltd.com/downloads/IP-Agreement-rev-16-03-2011.pdf

b) You are requested to confirm your acceptance on all terms of Integrity Pact Agreement and to return signed copy of agreement affixing signature along with seal on all pages along with techno-commercial bid.

c) Details of Independent External Monitor (IEM) : Shri Kumar Jitendra Singh #1, Moil Vatika Chicholi Road, Fetri Kajol Road Nagpur – 441 501 ; Email: [email protected]

Page 5: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 5 of 17

SEAL AND SIGNATURE OF THE BIDDER

13) DELAYED DELIVERY AND LIQUIDATED DAMAGES FOR DELAY IN DELIVERY: KIOCL shall have

the option to accept delivery of material after the originally stipulated delivery period in the Contract and

in case of acceptance of delayed delivery KIOCL shall recover of retain from supplier as agreed

liquidated damages and not as penalty a sum equal to quarter percent (1/4%) of the price of any

materials, spares and / or supplies which supplier has failed to dispatch as aforesaid, for each week or

part of a week, during which such dispatch may be delayed, subject to maximum limit of five percent 5%

of Contract Value plus applicable GST.

14) RISK PURCHASE:

a) If the goods received at the final destination of the purchaser are received in a damaged condition

or are not of the contracted quality and specification, the purchaser shall be entitled

(notwithstanding the fact that title to the goods shall have passed to the purchaser)to reject the

goods altogether and claim damages or cancel the contract and busy his requirements in the open

market at the risk and cost of the supplier.

b) Time and date of delivery will be the essence of the contract and should the supplier fail to make

delivery within the time period(s) specified in the contract, the purchaser shall be entitled

immediately on such failure or at any time thereafter, to cancel the contract or the portion thereof

in default and to purchase the goods elsewhere at the risk and cost of the supplier.

c) In both (a) and (b) above, the purchaser also reserves for himself the right to forfeit the security

deposit placed by the supplier for the fulfillment of the contract.

15) ACCEPTANCE OF GENERAL CONDITIONS OF CONTRACT: For all other terms and conditions, the

tenderer shall confirm his acceptance to General Conditions of Contract for Indigenous supply KIOCL P/1

which is available with you or Please visit Our Web Site: www.kioclltd.in Please note that the terms and

conditions contained in this annexure including other annexure of tender enquiry shall prevail over the

General Conditions of Contract KIOCL P/1 wherever applicable. For GCC Please visit Our Web Site:

www.kioclltd.in

16) CONFIDENTIALITY: You shall keep all the information shared with you as confidential and shall not

disclose the same under any circumstances to any one, without obtaining written consent from KIOCL.

17) SPECIAL NOTE:

a) The Tenderer is required to carefully examine the Terms and Conditions of tender document and

work related to scope of supply given in the Tender Document and fully acquaint himself as to all

conditions and matters which may in any way affect the work related to scope of supply or the cost

thereof. Tenderer shall be deemed to have on his own and independently obtained all necessary

information for the purpose of preparing the tender and shall be deemed to have taken into

account all contingencies as may arise due to such information or lack of the same.

b) Clarifications on Techno-Commercial Terms: KIOCL reserves the right to seek clarifications on the

Techno-Commercial clarifications/confirmation from the bidder. However, such

clarification/confirmation sought shall not permit the tenderer to revise the price bids submitted.

The request for clarification and the response shall be in writing and no change in the price or

substance of the Bids shall be sought, offered or permitted.

c) KIOCL reserves the right to accept or reject tender either in whole or in part or to invite revised

offer.

Page 6: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 6 of 17

SEAL AND SIGNATURE OF THE BIDDER

d) The Tenderer shall be deemed to have acquainted himself of Rules, procedures, guidance of

Government Laws, statutes, regulations, etc., relating to his work related to present scope of

supply of material.

e) KIOCL reserves the right to shorten / extend the period for supply of materials while concluding the

contract. KIOCL also reserves the right to short close the contract in case of breach of terms and

conditions of the contract by the tenderer.

f) The award of work shall not be assigned, transferred or sub-delegated to other Contractors except

with the written approval of KIOCL. However this clause shall not apply to purchase of equipments

and material for the performance of the work.

18) BIDDERS’S OBLIGATIONS:

a) The successful bidder is obliged to work in close coordination with KIOCL staff.

b) The successful bidder will abide by the safety measures prevalent in India and will free the KIOCL

from all demands or responsibilities arising from accidents / loss of life, the cause of which is the

Bidders negligence. The bidder will pay all indemnities arising from such incident and will not hold

the KIOCL responsible or obligated.

c) The bidder is responsible for managing the activities of his personnel or sub-contracted personnel

and will hold himself responsible for any misdemeanors.

d) The bidder shall treat all data and information about the KIOCL as Confidential and shall not reveal

such information to any other party without the prior written approval of KIOCL.

19) Notwithstanding anything specified in this Tender Documents, KIOCL in his sole discretion,

unconditionally and without having to assign any reason, reserves to himself the rights:

a) To accept or reject the lowest tender or any other tender or all the tenders to reject the offers not

conforming to the tender terms and to give Purchase preference to Public Sector Undertakings

wherever applicable as per Government policy/ Guidelines.

b) To extend purchase preference to SSIs (Micro and Small Enterprises) as per prevailing guidelines.

c) PURCHASE PREFERENCE CLAUSE: The purchaser reserves the option to give a purchase

preference to the offers from MSME Units, in accordance with the policies of the Govt. from time-

to-time. For more details please viste our website link http://kioclltd.in/downloads/EMPANELMENT-

OF-MSEs.pdf . Copy of valid registration certificate may please be enclosed.

20) FRAUD PREVENTION POLICY OF KIOCL: Every one may take a note that a „Fraud Prevention Policy”

is being followed at KIOCL, which provides a system for prevention detection / reporting of any fraud. It

also forbid everyone from involvement in any fraudulent activity and that where any fraudulent activity is

suspected by anyone, the matter must be reported to the „Nodal Officer‟ (Chief Vigilance Officer) as soon

as he / she comes to know of any fraud or suspected fraud.

For KIOCL Limited,

-Sd-

(Bolla Ramesh Babu)

Deputy Manager (Purchase)

Page 7: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 7 of 17

SEAL AND SIGNATURE OF THE BIDDER

ANNEXURE-III INTEGRITY PACT PROGRAMME

INTRODUCTION:

KIOCL Limited (KIOCL) is a Central Govt. Public Sector Undertaking engaged in Mining of Iron Ore and Manufacturing Pellets and marketing it in India and abroad. KIOCL Limited enjoys Mini Rathna status among the Central Govt. Public Sector undertakings, and conducts its business in highest ethical standards, fully adhering to CVC guidelines and exemplary industry practices. KIOCL Limited does its business with a number of domestic and international buyers, contractors and vendors of goods and services. It is committed to fostering ethical and corruption free business environment, and values its relationships with all counterparts and deals with them in fair and transparent manner. In order to achieve and strengthen these goals, KIOCL Limited is implementing the Integrity Pact Program in Co-Operation with Central Vigilance Commission (CVC) and Transparency International India (TII). As part of this initiative KIOCL Limited will, in consultation with CVC and TII, appoint Independent External Monitors who will help KIOCL Limited monitor and implement the Integrity Pact Program. Following are the details of KIOCL's Integrity Pact Program:

Commitments and Obligation of KIOCL Limited Commitments and Obligations of counterparties Violation and Consequences Independent Monitor Implementation and Guidelines Periodic Review and Evaluation

COMMITMENTS AND OBLIGATION OF KIOCL LIMITED.

(a) KIOCL Limited, is committed to have ethical and corruption free business dealings with counterparties.

(b) KIOCL Limited values its relationship with all counterparties and will deal with them in a fair and transparent manner.

(c) KIOCL Limited and /or its Associates (Employees, Agents, Consultants, and Advisors etc) will not seek or take bribes/undue benefits directly or indirectly for themselves or for third parties.

(d) KIOCL Limited will honor its commitments and make due payments to counterparties in time subject to fulfilling contractual obligations.

(e) KIOCL Limited will initiate punitive and corrective action, and pursue it vigorously whenever corruption or unethical behavior occurs.

Page 8: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 8 of 17

SEAL AND SIGNATURE OF THE BIDDER

COMMITMENTS AND OBLIGATIONS OF THE COUNTERPARTY.

(a) The counterparty, directly or indirectly (through Agents/ Consultants/advisors etc), will not pay any bribes or offer or imply any form of illegal benefit to anyone to gain undue advantage in dealing with KIOCL Limited.

(b) The counterparty will not engage in collusion, price fixing, cartelization, etc.,with other counterparts.

(c) The counterparty will not pass to any third party any confidential information entrusted to it, unless duly authorized by KIOCL Limited.

(d) The counterparty will promote and observe ethical practices within its Organization and its affiliates.

(e) The counterparty will inform the Independent External Monitor

(f) The counterparty will not make any false or misleading allegations against KIOCL Limited or its Associates.

VIOLATIONS & CONSEQUENCES:

(a) If a counterparty commits a violation of its Commitments and Obligations under the Integrity Pact Program during bidding process (from the date of publication of tender to the date of award of work), he/she shall be liable for forfeiture of EMD /Bid Security submitted, without prejudice to other action that may be taken against it.

(b) In case of violation of the Integrity Pact whereby after award of the contract, KIOCL Limited terminates or is entitled to terminate the contract. KIOCL Limited shall be entitled to demand and recover from the counterparty liquidated damages equivalent to 10 percent of the contract value, or the amount equivalent to security deposit/ performance guarantee, whichever is higher.

(c) KIOCL Limited may ban and exclude the counterparty from future dealings until the Independent External Monitors is satisfied that the counterparty will not commit any future violation.

(d) KIOCL Limited may initiate criminal proceedings against the violating counterparty.

(e) The counterparty will be liable to pay damages as determined by the Independent External Monitor.

INDEPENDENT EXTERNAL MONITOR (IEM)

(a) CMD, KIOCL Limited is the authority to appoint Independent External Monitor(s) (IEM) to oversee Integrity Pact Program implementation and effectiveness. The process for their appointment shall be similar to Outside Expert Committee (OEC). For this purpose, a panel of Independent External Monitors may be constituted by KIOCL Limited in consultation with CVC, with whose clearance they will be appointed. It will be voluntary, non-salaried position of 3-year term. IEM will have status/benefits similar to those of Chairman of Audit Committee of Board/ status of the Directors of KIOCL Limited.

(b) In order to ensure their impartiality, they would not be drawn from KIOCL Limited back ground.

(c) The IEM will be people of impeccable Integrity conversant with KIOCL's business, and experienced in commercial activities.

(d) It will be voluntary, non-salaried position of 3 year term. IEM will have status/benefits similar to those of Chairman of Audit Committee of Board/status of the Directors of KIOCL Limited.

Page 9: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 9 of 17

SEAL AND SIGNATURE OF THE BIDDER

(e) The major goal of IEM will be to oversee the implementation of Integrity Pact program to prevent corruption, bribes, and any other unethical practices in the KIOCL Limited.

(f) The IEM will not have administrative or enforcement responsibilities. He will coordinate his efforts with either anti-corruption institution such as CVC. He may engage services of outside agencies such as accounting firms, law firms etc., at KIOCL's expense, if required, in discharge of his responsibilities, with prior consent of KIOCL Limited.

(g) The IEM will have access to all Officers and internal records of the KIOCL Limited. He will also have access to counterparties records and information regarding its dealing with KIOCL Limited.

(h) The IEM will have the right to attend any meetings between KIOCL Limited and the counterparties.

(i) If IEM observes or suspect an irregularity, he will inform the CMD of KIOCL Limited and Chairman of Audit Committee of its Board of Directors. Once the IEM is satisfied that an irregularity has taken place, he may inform the Board of KIOCL Limited.

(j) The IEM can be removed from his Office for appropriate reasons by KIOCL Limited only by an open and transparent process and such decision will have to be ratified by the Board of KIOCL Limited.

IMPLEMENTATION GUIDELINES

To implement the Integrity Pact Program the following general guidelines will govern the same:

(a) To select and appoint IEM in consultation with CVC

(b) To get commitment from all Senior Level Executives/Officials of KIOCL Limited to implement the program, so that any resistance to acceptance of Integrity Pact Program is minimized.

(c) To develop detailed implementation plan and finalize the Integrity Pact document in consultation with the IEM.

(d) To notify all Senior Staff Members, Board of Directors, any other oversight body of the Organization and major suppliers of KIOCL's plan to implement the Integrity Pact Program, which is to be included in KIOCL's web site and disclosed to the media.

PERIODIC REVIEW & EVALUATION

KIOCL Limited will periodically review the effectiveness of Integrity Pact Program by the following

procedure:

(a) The IEM and senior leadership of KIOCL Limited will make an bi-annual self-assessment of Integrity Pact Program effectiveness and identify areas to improve.

(b) The IEM will submit an annual report on the progress/effectiveness of Integrity Pact Program to the KIOCL Limited Board of Directors.

(c) KIOCL Limited may conduct an annual 360 degree review (by an outside agency) with senior Executives, Junior Executives, suppliers and competitors of effectiveness of Integrity Pact Program in reducing corruption.

(d) KIOCL Limited will arrange regular meet with TII and / or CVC on an annual basis to review the effectiveness of program.

(e) For any amendments or changes in the clauses, consistent with the overall spirit of Integrity Pact, the CMD will be competent to approve the same and need not revert back to the Board.

*****************************************

Page 10: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 10 of 17

SEAL AND SIGNATURE OF THE BIDDER

INTEGRITY PACT THIS AGREEMENT is entered into between the following Parties: KIOCL Limited hereinafter referred to as “The Principal”,

And ………………………………………………………………………… (Name of the Party) hereinafter referred to as “Second Party”

Preamble

The Principal intends to award a contract, following its laid-down organizational procedures, for Supply and Installation of Surpac Core (network) software along with 10 days training at KIOCL Ltd, Bangalore. The Principal values full compliance with all relevant laws and regulations

and the principles of economical use of resources and of fairness and transparency in its relations with its Second Party. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organization, "Transparency International (I)" (TII). Following TII's national and international experience, the Principal will appoint an Independent External Monitor (IEM) who will monitor the tender process and the execution of the Contract for compliance with the principles mentioned below. IT IS AGREED AS FOLLOWS: Definitions: a) “Principal” which is the “FIRST PARTY” means KIOCL Limited, incorporated under the Companies

Act 1956, having their registered office at Koramangala, Bangalore – 560 034 and includes their successors.

b) “SECOND PARTY” means the person, firm or company submitting a tender against the Invitation to Tender and includes his/ its/ their staff, consultants, parent and associate and subsidiary companies, agents, consortium and joint venture partners, sub-contractors, suppliers, sellers, buyers, customers etc, including heirs, executors, administrators, representatives, successors. And the “Second Party” also means, any party including contractors, bidders, executors, suppliers, sellers, buyers, customers etc, whose tender has been accepted by the Principal or Company and shall be deemed to include his/ its/ their heirs, executors, administrators, representatives and successors unless excluded by the Contract.

c) "Independent External Monitor" means a person, hereinafter referred to as IEM, appointed, in accordance with clause 8.a below, to verify compliance with this agreement.

d) "Party" in relevant contract means a signatory to this agreement, and includes both “ Principal” and “Second Party”.

e) “Contract” means the contract entered into between the Principal and Second Party for the execution of work mentioned in the preamble above.

Commitments of the Parties Section 1 - Commitments of the Principal:- The Principal commits itself to take all measures necessary to prevent corruption (inducement to violate duty assigned to its employees) and to observe the following principles;

Page 11: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 11 of 17

SEAL AND SIGNATURE OF THE BIDDER

i. No employee of the Principal, personally or through family members or any third person, will in connection with all stages of tendering or the execution of contract, demand or take a promise, or accept, for him/herself or any third person, any material or non-material benefit which he/she is not legally entitled to;

ii. The Principal will, during the tender process, treat all Second Parties with equity and reason. The Principal will in particular, before and during the tender process, provide to all Second Parties the same information and will not provide to any particular Second Party any information/ clarification through which the Second Party could obtain an advantage in relation to the tender process or the contract execution;

iii. The Principal will not take, directly or indirectly, any steps, which could unduly influence the functioning of IEM.

iv. If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-corruption Laws of India/ guidelines of Govt. / guidelines of CVC/ guidelines of Principal, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

v. If the Principal obtains information of conduct of a Second Party, or sub-contractor or of an employee or a representative or an associate of a Second Party or sub-contractor, which constitutes corruption, or if the Principal has a substantive suspicion in this regard, the Principal will inform the Vigilance Department of the Company.

Section 2 - Commitments of the Second Party:- 2.1 The Second Party 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; i) The Second Party will not directly or through any other person(s) or firm, offer, promise or give to the Principal, or to any of the Principal‟s employees involved in the tender process or the execution of the Contract or to any third person any material or immaterial benefit which he / she is not legally entitled to in order to obtain, in exchange, an advantage during the tender process or to vitiate the Principal‟s tender process or the execution of the contract.

ii) The Second Party will not enter with any other Bidders into any illegal agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or actions to restrict competitiveness or to vitiate the Principal‟s tender process or the execution of the Contract.

iii) The Second Party will not commit any criminal offence under the relevant Anti-corruption Laws of India; further, the Second Party will not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

iv) The Second Party of foreign origin shall disclose the name and address of their agents/representatives in India, if any. Similarly, the Second Party of Indian Nationality shall furnish the name and address of their foreign principals, if any.

Page 12: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 12 of 17

SEAL AND SIGNATURE OF THE BIDDER

v) The Second Party 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.

vi) The Second Party will not take, directly or indirectly, any steps, which could unduly influence the functioning of IEM.

vii) The Second Party will not instigate third persons to commit offences outlined above or be an accessory to such offences.

2.2 Obligation to Ensure Compliance: i) Each Party will take all reasonable steps to ensure that the provisions of this agreement which are binding on it are complied with by all of its staff, consultants, parent and associated and subsidiary companies, agents, consortium and joint venture partners, sub-contractors and suppliers.

ii) Each Party will appoint an appropriate senior manager with responsibility for ensuring that the provisions of this agreement are complied with.

Section 3 -Disqualification from tender process & exclusion from future contracts: 3.1 If the Second Party, before award of contract, has committed a transgression through violation of any of the terms under section 2 above or in any other form such as to put his reliability or credibility as Second Party into question, the Principal is entitled to disqualify the Second Party from the tender process or to terminate the contract, if already signed, for such reason.

3.2 If the Second Party has committed a transgression through a violation of any of the terms under section 2 above or in any other form such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Second Party from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Second Party and the amount of the damage. The exclusion will be imposed for a minimum of six (6) months and a maximum of three (3) years.

3.3 If the Second Party can prove that he has restored/ recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion before the expiry of the period of such exclusion.

3.4 A transgression is considered to have occurred if, in light of all available evidence, a reasonable doubt is possible.

Section 4 - Compensation for Damages 4.1 If the Principal has disqualified the Second Party from the tender process prior to the award according to Section 3 above, the Earnest Money Deposit (EMD) furnished, if any, along with the offer as per the terms of the Notice Inviting Tender (NIT) shall be forfeited. This is apart from the disqualification of the Second Party as may be imposed by the Principal as brought out at section 3 above.

4.2 If the Principal has terminated the contract according to Section 3 above, or if the Principal is entitled to terminate the contract according to section 3 above, the EMD/Security Deposit furnished by the Second Party, if any, as per the terms of the NIT/contract shall be forfeited. This is apart from the disqualification of the Second Party, as may be imposed by the Principal, as brought out at section 3 above.

Page 13: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 13 of 17

SEAL AND SIGNATURE OF THE BIDDER

Section 5 - Previous Transgression: 5.1 The Second Party hereby declares that no previous transgressions with respect to provisions of Integrity pact occurred in the last three (3) years with any other Company in any country or with any other Public Sector Enterprise in India and, as such, there is no case for his exclusion from the tender process.

5.2 The Second Party hereby agrees that if he has made/makes incorrect statement in regard to this aspect, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for that reason.

Section 6 - Equal treatment of all Second Parties/ Sub-contractors 6.1 The Second Party undertakes to obtain from all sub-contractors a commitment consistent with this integrity pact, and to submit it to the Principal at the time of seeking approval of the Principal for appointment of sub-contractors. 6.2 The Principal will enter into agreements with identical conditions as that of this Integrity Pact, with all Second Parties. 6.3 It is essential for all Second Parties to sign the Integrity Pact with the Company if the value of the transaction is more than 30 lakhs. The Principal will disqualify from the tender process all Second Parties who do not sign this Pact or violate its provisions.

Section7 - Breaches of this Agreement

7.1 In the event that any Party believes that there is prima facie evidence that there has been a failure by a Party to comply with any provision of this agreement, such Party will take the following actions: i) It will report full details of such suspected non-compliance to the IEM and CVO with copies to the Chief Executives of each of the Parties.

ii) If any such non-compliance has been carried out, or assisted by an individual who is a member of a professional association, and such non-compliance may constitute a breach of any disciplinary code of such professional association, such Party may report such matter to the professional association.

iii) If such non-compliance may constitute a criminal offence, either in the country in which the contract is being carried out, or in the home country of the organization or individual which carried out or assisted such non-compliance, such Party may report such matter to the appropriate criminal authorities in those territories.

7.2 In the event that any Party breaches any provision of this agreement, the other Parties may, in addition to the rights under this agreement, claim damages against the defaulting Party, and exercise any other rights they may have against the defaulting Party. 7.3 The Parties will take appropriate disciplinary or enforcement action against any of their staff, consultants, parent and associated and subsidiary companies, agents, consortium and joint venture partners, sub-contractors and suppliers who cause or assist in any breach of any provision of this agreement.

Page 14: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 14 of 17

SEAL AND SIGNATURE OF THE BIDDER

Section 8 - Independent External Monitor/Monitors (IEM)

8.1 The Principal, will appoint a competent and credible IEM/Number of IEMs for the duration of this agreement from the panel of IEMs appointed in consultation with the Central Vigilance Commission (CVC).

8.2 The IEM will assess, on an independent and objective basis, the extent to which the Parties comply with their obligations under this agreement.

8.3 The Parties will, after submission of a tender; after the award of any contract to them and for the duration of the contract:

i) allow the IEM unrestricted access to all books, records and staff relevant to such tender;

ii) ensure that the IEM has unrestricted access to the relevant books, records and staff of their consultants, parent and associated and subsidiary companies, agents, consortium and joint venture partners, sub-contractors and suppliers.

8.4 In the event that the IEM believes that there is prima facie evidence that there is a violation of this agreement, the IEM will report the same to CEO of the Principal.

8.5 Upon receipt of a report from the IEM, CEO of the Principal and the Board will discuss and try to agree upon the appropriate action to be taken in line with sections 3,4 & 5 above to deal with such violation.

8.6 The IEM has no power to inquire any of the Parties to undertake any actions. No statement by the IEM, whether oral or in writing, is binding on any of the parties. Any Party in legal or dispute resolution proceedings can use all reports and other documentation issued by the IEM. The IEM can be called as a witness in legal or dispute resolution proceedings.

8.7 Fee and /or any other incidentals including traveling/conveyance expenses, if any, payable to IEM shall be borne by the Principal.

8.8 The IEM can only be removed from his appointment, if: 1. all parties agree in writing to remove him: or 2. he resigns: or 3. he is removed from his office by order of a Court having appropriate jurisdiction.

8.9 If the IEM is removed from his appointment, the Principal will appoint another IEM as per section 8.1 above for the remaining duration of this agreement.

Section 9 - Duration of Agreement

9.1 This agreement comes into force as soon as it has been signed by all the Parties have signed it. It cannot be terminated or varied except by the written agreement of all the Parties. 9.2 This agreement will expire after 12 months from the date of last payment under the respective contract for the Second Party, and for all other Second Parties 6 months after the award of the contract. Section 10 - Other Provisions 10.1 The Principal will disqualify from the tender process all Second Party who do not sign this Pact or violate its provisions.

Page 15: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 15 of 17

SEAL AND SIGNATURE OF THE BIDDER

10.2 Should any occasion arise entailing IEM to undertake any investigation under the provisions of this agreement, the venue for such investigation shall generally be at KIOCL Limited Corporate Office, Kormangala, Bangalore –560 034.

10.3 This agreement is subject to Indian law. Place of performance and jurisdiction is the corporate office of the Principal. In case of any dispute, the courts at Bangalore only shall have jurisdiction.

10.4 Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

10.5 Addresses along with other relevant details of the Chief Executives of the Parties are as given under;

Principal: Chairman-cum-Managing-Director, KIOCL Limited, II–Block,Koramangala, BANGALORE – 560 034. INDIA. Tel : 080-25531322 (O)

: 080-25531272 (O) Fax : 080-25521584 (O)

< Details of Second Party are to be filled in by Second Party concerned > 10.6 Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In that case the parties will strive to come to an agreement to their original intentions. 10.7 If the Second Party is a partnership or consortium, all partners or consortium members must sign this agreement. ------------------------------------------ ---------------------------------------

For the Principal For the Second Party

Place …………………..

Date …………………..

Witness 1: …………………………………. (Name & address) ----------------------------------------------------------------- ----------------------------------------------------------------- Witness 2: ……………………………………… (Name & address) -----------------------------------------------------------

Page 16: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 16 of 17

SEAL AND SIGNATURE OF THE BIDDER

ANNEXURE – IV FORM OF BANK GUARANTEE FOR SECURITY DEPOSIT

1) In consideration of KIOCL Limited (hereinafter called Company) having agreed to exempt........(hereinafter

called the said Supplier (s) / Contractor(s)) from demand under the terms and conditions of Purchase Order No......................Dated............... made between ....................And .................. for ............. (hereinafter referred to as 'contract') of security deposit for the due fulfillment by the said suppliers(s) / Contractor (s) of the terms and conditions contained in the said contract on production of a Bank Guarantee for Rs.........(Rupees..........................only) we,.......... (hereinafter referred as "the Bank") at the request of Supplier, (s) Contractor (s) do hereby guarantee the payment to the Company an amount not exceeding Rs.............. (Rupees............only) and interest thereon at 15.5 percent per annum from the date of demand till payment against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of any breach by the said Supplier(s)/ Contractor(s) of any of the terms and conditions contained in the said Contract.

2) We.............. do hereby unconditionally and irrevocably undertake to pay to the Company an amount to the extent of Rs. .................. (Rupees ...............................................only) and interest thereon at 15.5 percent per annum from the date of demand till payment without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Supplier(s) / Contractor(s) of any of the terms and conditions contained in the said Contract or by reason of the Supplier(s)/ Contractor(s) failure to perform the said contract. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs...................... (Rupees..........................................only) and interest thereon as mentioned above from the date of demand till payment.

3) Our liability under these presents is absolute and unequivocal and we undertake to pay to the Company the amount so demanded notwithstanding the Supplier(s)/Contractor(s) raising any dispute and / or disputes or filing any suit or proceeding before any Court or tribunal or othert Authority. The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment thereunder and the Contractor(s) Supplier(s) shall have no claim against us for making such payment.

4) We.............................further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the contract and that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said contract have been fully paid and its claims satisfied or discharged or till the Company certifies that the terms and conditions of the said contract have been fully and properly carried out by the said Supplier(s) / Contractor(s) and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before...........................we shall be discharged from all liability under this Guarantee thereafter.

5) This Guarantee shall not be revocable by us except with the written consent of the Company and shall continue to be enforceable till.........................should it be necessary to extend Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company, and such extension shall be given one month before the expiry of this Guarantee filing which the amount covered under this Guarantee shall become forthwith payable, notwithstanding that the Contract is continuing and /or the Company has or has not terminated the Contract or preferred any claim against the Supplier (s) Contractor(s).

Page 17: NOTICE INVITING TENDER - kioclltd.in · KUDREMUKH Page 2 of 17 SEAL AND SIGNATURE OF THE BIDDER ANNEXURE – I SCOPE OF SUPPLY & WORK I. SCOPE OF SUPPLY: Surpac Core ( network ) software

KUDREMUKH

Page 17 of 17

SEAL AND SIGNATURE OF THE BIDDER

6) We................................. further agree with the Company that the Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Contract or to extend time or performance by the said Supplier(s)/ Contractor(s) from time to time or to postpone for any time or from time to time in exercise of any of the powers exercisable by the Company against the said Supplier(s) Contractor(s) and to forbear or enforce any of the terms and conditions relating to the Contract and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Supplier(s)/Contractor(s) or for any forbearance,act or omission on the part of the Company or any indulgence by the Company to the said Supplier(s)/Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties, but for this provision, have effect of so relieving us.

7) This Guarantee shall not in any way be affected due to change in our constitution or by your taking or varying or giving up any securities from the CONTRACTOR(S)/ SUPPLIERS or any other person, firm or Company on its behalf or by the change in the constitution, winding up dissolution, insolvency or death as the case may be of the CONTRACTOR(S)/SUPPLIER(S).

8) In order to give full effect to the Guarantee herein contained you shall be entitled to act as if we were your principal debtors in respect of all your claims against the CONTRACTOR(S)/SUPPLIER(S) hereby Guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship and other rights if any which are in any way inconsistent with the above or any other provisions of this Guarantee.

9) We............................. also undertake not to revoke this Guarantee during its currency except with previous consent of the Company in writing.

Dated the ..............day of ..................20

For........................................................................... (indicate the name of Bank)

IMPORTANT NOTE

The following Points should be taken care of while submitting the Bank Guarantee:-

1) The Bank Guarantee should be on non-judicial stamp paper having a value of Rs. 200/-or as applicable in the State of, Karnataka.

2) The stamp paper should be purchased in the name of the Bank, who give the guarantee and not in the name of the Supplier.

3) The Bank Guarantee should be strictly as per the profoma.

4) The Bank Guarantee should be from any of the Nationalised Bank, Scheduled Bank.

5) If any correction is made on the guarantee the same should be endorsed by the Bank with its official.