request for proposal (rfp) for selection of …tender.itiltd-india.com/bgp/tenders/partner rfp...

Ref: AGM/ IOT&HRD /FSCL/MAR/MSI-RFP Date: 10-03-2018

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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

http://www.itiltd-india.co.in/


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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.

https://mcfbd.haryanaeprocurement.gov.in/indexes/tender_details/NjgzNDY=



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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.





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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


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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.


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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,



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


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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.


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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


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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.


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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.



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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.



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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.


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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,



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/

http://www.itiltd-india.com/

http://www.itiltd-india.com/

https://eprocure.gov.in/cppp/


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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


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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


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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)


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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


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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.


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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


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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


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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.


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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


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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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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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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. …………