Defibrillator

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 25% of the contracted quantity during the currency of the contract at the contracted rates. The delivery period of quantity shall commence from the last date of original delivery order and in cases where option clause is exercised during the extended delivery period the additional time shall commence from the last date of extended delivery period. The additional delivery time shall be (Increased quantity ÷ Original quantity) × Original delivery period (in days), subject to minimum of 30 days. If the original delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser may extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

Actual delivery (and Installation & Commissioning (if covered in scope of supply)) is to be done at following address ESIC MEDICAL COLLEGE AND HOSPITAL NANDA NAGAR INDORE MADHYA PRADESH PIN CODE-452011 .

Bidder financial standing: The bidder should not be under liquidation, court receivership or similar proceedings, should not be bankrupt. Bidder to upload undertaking to this effect with bid.

Data Sheet of the product(s) offered in the bid, are to be uploaded along with the bid documents. Buyers can match and verify the Data Sheet with the product specifications offered. In case of any unexplained mismatch of technical parameters, the bid is liable for rejection.

Manufacturer Authorization:Wherever Authorised Distributors/service providers are submitting the bid, Authorisation Form /Certificate with OEM/Original Service Provider details such as name, designation, address, e-mail Id and Phone No. required to be furnished along with the bid

The successful bidder has to supply all essential accessories required for the successful installation and commissioning of the goods supplied. Besides standard accessories as per normal industry practice, following accessories must be part of supply and cost should be included in bid price: INSTALLATION, COMMISSIONING, TESTING CONFIGURATION, TRAINING .

Bidders can also submit the EMD with Account Payee Demand Draft in favour of ESI FUND ACCOUNT NO. 1 payable at INDORE, MADHYA PRADESH . Bidder has to upload scanned copy / proof of the DD along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date / Bid Opening date.

Bidders can also submit the EMD with Banker’s Cheque in favour of ESI FUND ACCOUNT NO. 1 payable at INDORE, MADHYA PRADESH . Bidder has to upload scanned copy / proof of the BC along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date / Bid Opening date.

Successful Bidder can submit the Performance Security in the form of Account Payee Demand Draft also (besides PBG which is allowed as per GeM GTC). DD should be made in favour of ESI FUND ACCOUNT NO. 1 payable at INDORE, MADHYA PRADESH . After award of contract, Successful Bidder can upload scanned copy of the DD in place of PBG and has to ensure delivery of hard copy to the original DD to the Buyer within 15 days of award of contract.

IMPORTED PRODUCTS: In case of imported products, OEM or Authorized Seller of OEM should have a registered office in India to provide after sales service support in India. The certificate to this effect should be submitted.

Bidder / OEM has to give an undertaking that after expiry of warranty period, it will provide Comprehensive Maintenance Service for next 5 years for the offered products at the rate not more than 10 % of contract price per annum. Buyer reserves the right to enter into a CMC agreement with the Successful Bidder / OEM after expiry of the Warranty period at above mentioned rate and the payment for the CMC charges would be made Quarterly after rendering of the CMC Services of the relevant CMC period. Performance Security of the successful bidder shall be forfeited if it fails to accept the CMC contract when called upon by the buyer. CMC would include cost of REPAIR, MAINTENANCE, SPARE PARTS AND CONSUMABLES IF APPLICABLE (Upload the undertaking). The original Performance Security of contract will be returned only after submission and verification of AMC Performance Security for 5% of total CMC value valid up to CMC period plus 2 months (if there is no other claim).

Warranty period of the supplied products shall be 5 years from the date of final acceptance of goods or after completion of installation, commissioning & testing of goods (if included in the scope of supply), at consignee location. OEM Warranty certificates must be submitted by Successful Bidder at the time of delivery of Goods. The seller should guarantee the rectification of goods in case of any break down during the guarantee period. Seller should have well established Installation, Commissioning, Training, Troubleshooting and Maintenance Service group in INDIA for attending the after sales service. Details of Service Centres near consignee destinations are to be uploaded along with the bid.

Over and above the normal Warranty terms as per GeM GTC, the successful bidder / OEM shall have to provide Comprehensive Warranty during the entire Standard warranty period as per contract. : The comprehensive warranty shall be covering the following scope REPAIR, MAINTENANCE, SPARE PARTS AND CONSUMABLES IF APPLICABLE (Upload an undertaking with the bid confirming compliance by the bidder if Bidder is taking onus of this compliance. In case OEM is taking onus of this compliance, OEM undertaking is to be uploaded along with Bidder undertaking)

Successful bidder will have to ensure that adequate number of dedicated technical service personals / engineers are designated / deployed for attending to the Service Request in a time bound manner and for ensuring Timely Servicing / rectification of defects during warranty period, as per Service level agreement indicated in the relevant clause of the bid.

Timely Servicing / rectification of defects during warranty period: After having been notified of the defects / service requirement during warranty period, Seller has to complete the required Service / Rectification within 3 days time limit. If the Seller fails to complete service / rectification with defined time limit, a penalty of 0.5% of Unit Price of the product shall be charged as penalty for each week of delay from the seller. Seller can deposit the penalty with the Buyer directly else the Buyer shall have a right to recover all such penalty amount from the Performance Security (PBG).Cumulative Penalty cannot exceed more than 10% of the total contract value after which the Buyer shall have the right to get the service / rectification done from alternate sources at the risk and cost of the Seller besides forfeiture of PBG. Seller shall be liable to re-imberse the cost of such service / rectification to the Buyer.

Availability of Service Centres: Bidder/OEM must have a Functional Service Centre in the State of each Consignee's Location in case of carry-in warranty. (Not applicable in case of goods having on-site warranty). If service center is not already there at the time of bidding, successful bidder / OEM shall have to establish one within 30 days of award of contract. Payment shall be released only after submission of documentary evidence of having Functional Service Centre.

Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free Telephone No. for Service Support.

Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers for Service Support.

Experience Criteria: The Bidder or its OEM {themselves or through reseller(s)} should have regularly, manufactured and supplied same or similar Category Products to any Central / State Govt Organization / PSU for 3 years before the bid opening date. Copies of relevant contracts to be submitted along with bid in support of having supplied some quantity during each of the year. In case of bunch bids, the primary product having highest value should meet this criterion.

Malicious Code Certificate: The seller should upload following certificate in the bid:-

• (a)This is to certify that the Hardware and the Software being offered, as part of the contract, does not contain Embedded Malicious code that would activate procedures to :-
• (i)Inhibit the desires and designed function of the equipment.
• (ii)Cause physical damage to the user or equipment during the exploitation.
• (iii)Tap information resident or transient in the equipment/network.
• (b)The firm will be considered to be in breach of the procurement contract, in case physical damage, loss of information or infringements related to copyright and Intellectual Property Right (IPRs) are caused due to activation of any such malicious code in embedded software.

Buyer Added text based ATC clauses

• 1.The bidder and the principal company should have a good reputation and never been black - listed or de barred in any state and central government organization. Upload the undertaking
• 2.Bidder must provide the separate list of items which are covered and Not Covered under Wa rranty and CMC (with Cost), failing which tender will not be considered/liable to rejection of bi d at technical evaluation stage. 3.OEM Authorization can be verified at any point of time during evaluation of bid, if any misconduct/falsific ation/forged certificate is found in documents then it will liable to rejection of bid and accordingly legal acti on will be taken.
• 4.Successful bidder shall submit PBG (Performance security) equivalent to 5% of the order value for the 5- year warranty period as per mentioned duration in bid documents. This PBG will be released upon submiss ion of a separate PBG equivalent to 5% of the CMC value for the subsequent 5-year CMC period.
• 5.In case of non-working and non-repairable of DEFIBRILLATOR MACHINE in warranty and CMC period, the seller must provide stand by DEFIBRILLATOR MACHINE for the uninterrupted services of the hospital , upload the undertaking.
• 6.The bidder shall comply with the Medical Devices Rules (MDR), 2017 notified vide notification dated 31.0 1.2017, as amended from time to time, including amendment vide GSR 777(E) dated 14.10.2022, and shall submit an undertaking that all applicable standards as notified by the Government of India shall be fo llowed. The bidder shall ensure compliance with the relevant Bureau of Indian Standards (BIS) specificatio ns under the Bureau of Indian Standards Act, 1985 (63 of 1985), or any other standards as may be notified by the Ministry of Health and Family Welfare, Government of India, from time to time. In case no relevant s tandard for a medical device has been laid down under the applicable rules, the device shall conform to sta ndards prescribed by the International Organization for Standardization (ISO), the International Electrotech nical Commission (IEC), or any other applicable pharmacopoeia standards.
• 7.Bidders shall quote only those products (Part of Service delivery) in the bid which are not obsolete in the market and has at least 10 years residual market life i.e. the offered product shall not be declared end-of li fe by the OEM before this period.
• 8.Calibration (if required) of the equipment should be done by OEM/Bidder on annual basis (during warra nty period and CMC period), at without any additional charges.
• 09.Annexure -I Performance (on Bidder Letter-head) Performance Statement of Supplies during at least one of the last three financial years ( 2023-2024, 2024-2025 and 2025-2026) before the bid opening date Tender Document No. Tend No./ xxxx; Tender Title: GOODS Bidder's Name [Address and Contact Details] Bidder's Reference No. Date.......... · The Bidder or its OEM {themselves or through re-seller(s)} should have supplied same or similar C ategory (DEFIBRILLATOR MACHINE) Products for 50% of bid quantity, in at least one of the last th ree Financial years before the bid opening date to any Central / State Govt Organization / PSU. Copi es of relevant contracts (proving supply of cumulative order quantity in any one of financial year) to be submitted along with bid in support of quantity supplied in the relevant years (2023-2024, 202 4-2025 and 2025-2026) Financial year. In case of bunch bids, the category related to primary pr oduct having highest bid value should meet this criterion. Provide the details in following format. Order issued by Contract Order No. & Date Qty ordered Quantity supplie d Completed/not Completed (Signature with date) (Name and designation) Duly authorized to sign bid for and on behalf of Name & address of Bidder and seal of company] 10.Representation Regarding the Bid Bidders having any representation or queries regarding the bid may submit the same through the GeM Po rtal as per the provisions applicable on the portal. In case a bidder wishes to submit any representation other than through the GeM Portal, such representati on must be submitted within 07 (Seven) days from the date of publication of the bid. No representation received after the expiry of the stipulated period of Seven (Seven) days shall be entertai ned or considered.
• 11.The Bidder shall comply all the government rules/instructions as applicable.
• 12.Availability of Service Centres: Bidder/OEM must have a Functional Servi ce Centre in the State of each Consignee's Location in case of carry-in warranty. (Not applicable in case of goo ds having on-site warranty). If service center is not already there at the time of bidding, successfu l bidder / OEM shall have to establish one within 30 days of award of contract. Payment shall be released only after submission of documentary evidence of having Functional Service Ce ntre.
• 13.Checklist For the Tender as below- S.no . CHECKLIST YES/NO Page no 01 Experience Criteria: Experience Criteria: In respect of the filter a pplied for experience criteria, the Bidder or its OEM {themselves or through reseller(s)} should have regularly, manufactured and suppl ied same or similar Category Products (DEFIBRILLATOR MACHIN
• E)to any Central / State Govt Organization / PSU for number of Fin ancial years (2023-2024, 2024-2025 and 2025-2026) as indicat ed above in the bid document before the bid opening date. Copies of relevant contracts to be submitted along with bid in support of h aving supplied some quantity during each of the Financial year for t hat Installation Reports/CRAC Copy/Supply proof any other similar d ocument is needed. In case of bunch bids, the category of primary product having highest value should meet this criterion. For the counting of experience contract/Purchase order date shall be considered for correspon ding financial Year.
• 2.Past Performance: The Bidder or its OEM {themselves or through re -seller(s)} should have supplied same or similar Category Products DEFIBRILLATOR MACHINE) for 50% of bid quantity, in at least on e of the last three Financial years before the bid opening date to an y Central / State Govt Organization / PSU. Copies of relevant contra cts (proving supply of cumulative order quantity in any one financia l year) to be submitted along with bid in support of quantity supplie d in the relevant (2023-2024, 2024-2025 and 2025-2026) Fina ncial year. In case of bunch bids, the category related to primary p roduct having highest bid value should meet this criterion. (Perfor mance also Submitted in the form of ANNEXURE-I attached i n ATC.) 03 Bidder Turnover Certificate- Bidder turnover criteria for last thre e financial years will be considered of 2022-2023, 2023- 2024 and 2024-2025. 04 OEM Turn Over Criteria: - OEM turnover criteria for last three financi al years will be considered of 2022-2023, 2023- 2024 and 2024-20 25. 05 OEM Authorization: - Wherever Authorized Distributors are submi tting the bid, Manufacturers Authorization Form (MAF)/Certificate wi th OEM details such as name, designation, address, e-mail Id and P hone No. required to be furnished along with the bid. (Authorization letter should be signed by the OEM on OEM’s letterhead and should be clearly mentioned the specific bid reference number and the dist ributor's details) 06 Data Sheet of the product offered:
• a.All specification to be provided with the original product data shee

t.

• b.All technical specification should be supported with original data s heet highlighting the page number in the compliance sheet.
• c.The equipment quoted should be the main equipment of the princi pal manufacturer.
• d.The DEFIBRILLATOR MACHINE and its main components should find a place in the manufacturer website and the copy of the webpa ge showing the same should be enclosed in the tender documents.
• e.The bidder to mention its principal manufacturer’s website addres
• s.07 Data Sheet of the product offered (In case of any unexplained mismatch of technical parameters, the bid is liable for rejection.) 08 Five Year Warranty Declaration- Warranty period of the supplie d products shall be 05 years from the date of final acceptance of go ods or after completion of installation, commissioning & testing of g oods (if included in the scope of supply), at the consignee location. Upload undertaking. 09 5 Year CMC Undertaking- (Bidder / OEM has to give an undertaki ng that after expiry of warranty period, it will provide Comprehensi ve Maintenance Service (with calibration of the equipment if deeme d necessary) for next 5 years for the offered products at the rate no t more than 10% of contract price per annum.) Upload undertaki ng. 10 List of items which are covered and not covered (with unit c ost) under warranty and CMC, not submit the same should b e liable to rejection the bid. Upload the Undertaking 11 BIS/US FDA/European CE/ISO certificate and other certificate as per tender documents and as per the specifications attached in the ATC. 12 Self-attested copy of Valid PAN and GST 13 MII Preference-Those bidders who wants to MII preference the bid der must upload a certificate from the OEM regarding the percenta ge of the local content and the details of locations at which the loca l value addition is made along with their bid, failing which no purch ase preference shall be granted. 14 MSME Preference- If the bidder wants to avail the Purchase prefe rence, the bidder must be the manufacturer of the offered product i n case of bid for supply of goods. 15 Escalation Matrix For Service Support: Bidder/OEM must provide Es calation Matrix of Telephone Numbers for Service Support. & Servic e Center details at consignee location. 16 In case of non-working and non-repair able of DEFIBRILLATOR MA CHINE in warranty and CMC period, the seller must provide stand b y DEFIBRILLATOR MACHINE for the uninterrupted services of the hospital, upload the undertaking. Upload the Undertaking. 17 Bidder financial standing: The bidder should not be under liquidatio n; court receivership or similar proceedings should not be bankrupt . Bidder to upload undertaking to this effect with bid. Upload the Undertaking 18 The bidder and the principal company should have a good reputatio n and never been black - listed or debarred in any state and central government organization. Upload the Undertaking 19 · The bidder/participant must carefully review th e complete technical specifications in the AT C (Additional Terms & Conditions). · The bidder must submit all required specificati ons, reports, undertakings, certificates, and other supporting documents specified in the A TC. · These documents will be considered during the t echnical evaluation of the bid. · If any document specifically required under the A TC is not submitted, the bid may be rejected in accordance with the applicable procurement norm
• s.20 Bidder Must Comply the following point while participation i n the bid. - If the bidder/contractor/supplier/seller or any employe e of the bidder/contractor/supplier/seller or any person acting on be half of the bidder/contractor/supplier/seller, either directly or indire ctly, is a relative of any of the officers/officials (regular/contractual) of Employees' State Insurance Corporation (ESIC), or alternatively, i f any relative of an officer/official of ESIC has financial interest/stak e in the bidder's/contractor's/supplier's/seller's firm, the same sha ll be disclosed by the bidder/contractor/supplier/seller at th e time of filing of the tender/participation in the procureme nt process . Failure to disclose this information shall result in cancellati on of the bidder’s participation. Note- Bidder must Sign/Seal the Integrity Pact . Non Submission of the same will be liable to rejection of bi
• d.ARTICLE - INTEGRITY PACT DOCUMENT (To be executed on plain paper and signed by the bidde r as 2nd party before uploading as bid document. ESIC as 1 st party will sign this Integrity Pac t later stage after opening of bids) PRE-CONTRACT INTEGRITY PACT
• 1.General 1.1 This pre bid-contract Agreement (herein after called the Integrity Pact) is made on _______the day of th e month of _______ year_______Between on one hand of Employees State Insurance Corporation (ESIC) und er the administrative control of Ministry of Labour and Employment, Government India acting through (her e in after called the “BUYER” which expression shall mean and include, unless the context otherwise requir e s his successors in office and assigns) of the First Party and M/s ______________________represented by, ___ _ ___________ Chief Executive Officer(herein after called the “BIDDER/SELLER” which expression shall mean and include, unless the context otherwise requires h successors in office and assigns)of the Second Party. WHEREAS the BUYER proposes to procure services (Name of Items to be procured) and the Bidder/Seller is willing to offer/has offered the stores/services. 1.2 Whereas the Bidder is a private company/ public company/ partnership/ proprietorship constituted in a ccordance with the relevant law in the matte and the Buyer is a performing its functions on behalf of ____ _ ______________ ______of India.
• 2.Objectives Now, therefore, the Buyer and the Bidder agree to enter into this pre- contract agreement, h erein after ref erred to as Integrity Pact, to avoid all forms of corruption by following a system that is fair, t ransparent an d free from any influence /un prejudiced dealings prior to, during and subsequent the curren cy of the contract to be entered into with a view to:- 2.1 Enabling the Buyer to obtain the desired said stores at a competitive price in conformity with the defin ed specifications of the Services by avoiding the high cost and the distortionary impact of corruption on pu blic procurement, and 2.2 Enabling bidders to abstain from bribing or any corrupt practice in order to secure the contract by prov iding assurance to them that their competitors will also refrain from bribing and other corrupt practices an d the Buyer will commit to prevent corruption, in any form, by their officials by following transparent proc edures.
• 3.Commitments of Buyer The Buyer Commits itself to the following:- 3.1 The Buyer undertakes that no official of the Buyer, connected directly or indirectly with the contract, w ill demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gif t, reward, favour or any material or immaterial benefit or any other advantage from the Bidder, either for the mselves 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 3.2 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. 3.3 All the officials of the Buyer will report to the appropriate Government office any attempted or complet ed breaches of the above commitments as well as any substantial suspicion of such a breach.
• 4.In case of 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 primafacie found to be correct by the Buyer, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings 2 / 8 may be ini tiated by the Buyer and such a person shall be debarred from further dealings related to the contract pro c ess. In such a case while an enquiry is being conducted by the Buyer the proceedings under the contract w ould not be stalled.
• 5.Commitments of Bidders The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means an d illegal activities during any stage of his bid or during any pre-contract or post- contract stage in order to secure the contractor in furtherance to secure it and in particular commits hims elf to the following: - 5.1 The Bidder will not offer, directly or through intermediaries, any bribe gift, consideration, reward, favo ur, any material or immaterial benefit other advantage, commission, fees, brokerage or inducement to an official of the Buyer, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation contracting and implementation of the Contract. 5.2 The Bidder further undertakes that he has not given, offered or promise to give, directly or indirectly a ny bribe, gift, consideration, reward, favour any material or immaterial benefit or other advantage, commi ssion, fee brokerage or inducement to any official of the Buyer or otherwise procuring the Contract or for b earing to do or having done any act relation to the obtaining or execution of the Contract or any other Con tra 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. 5.3 The Bidder will not collude with other parties interested in the contract impair the transparency, fairness and progress of the bidding process, b evaluation, contracting and implementation of the contract. 5.4 The Bidder will not accept any advantage in exchange for any corruption practice, unfair mean sand ill egal activities. 5.5 The Bidder further confirms and declares to the Buyer that the Bidder the original manufacturer/ integr ator/ authorized government sponsored export entity of the defense to resend has not engaged any indivi dual firm or company whether Indian or foreign to intercede, facilitate or in an way to recommend to the B uyer or any of its functionaries, whether officially or unofficially to the award of the contract to the Bidder, nor h any amount been pa id, promised or intended to be paid to any such individual, firm or company i n respect of any such intercession, facilitation or recommendation. 5.6 The Bidder, either while presenting the bid or during pre-contra negotiations or before signing the contr act, shall disclose any payment he has mad e, is committed to or intends to make to officials of the Buy or their family members, agents, brokers or any other intermediaries connection with the contract and the de tails of services agreed upon for such payments. 5.7 The Bidder shall not use improperly, for purposes of competition personal gain, or pass on to others, a ny information provided by the Buy as part of the business relationship, regarding plans, technical propos al and business details, including information contained in any electron data carrier. The Bidder also under takes to exercise due and adequate care lest any such information is divulged. 5.8 The Bidder commits to refrain from giving any complaint directly through any other manner without supporting it with full and verifiable facts. 5.9 The Bidder shall not instigate or causes to instigate any third person commit any of the actions mentio ned above.
• 6.Previous Transgression 6.1 The Bidder declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices en visaged here under or with any Public Sector Enterprise in India or any Government Department in Indi a t hat could justify bidder’s exclusion from the tender process. 6.2 If the Bidder makes incorrect statement on this subject, Bidder can be dis qualified from the tender pro cess or the contract, if already awarded, can be terminated for such reason.
• 7.Earnest Money / Security Deposit 7.1 Bidders are required to furnish valid Bid Security declaration in the prescribed format. 7.2 The Security Deposit shall be valid till the complete conclusion of contractual obligations to complete satisfaction of bot h the bidder and the buyer, whichever is later. 7.3 In the case of successful bidder a clause would also be incorporated in the Article pertaining to Perform ance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the Buyer to forfeit the same without assigning any reason for imposing sanction for violation of this pact. 7.4 The provisions regarding Sanctions for Violation in Integrity Pact include forfeiture of Performance Bon d in case of a decision by the Buyer to forfeit the same without assigning any reason for imposing sanction for violation of Integrity Pact. 7.5 No interest shall be payable by the Buyer to the Bidder(s) on Security De posit for the period of its curr ency.
• 8.Company Code of Conduct 8.1 Bidders are also advised to have a company code of conduct (clearly rejecting the use of bribes and ot her unethical behaviour) and a compliance program for the implementation of the code of conduct through out the comp any.
• 9.Sanctions for Violation 9.1 Any breach of the aforesaid provisions by the Bidder or any one employed by him or acting on his beh alf (whether with or without the knowledge of the Bidder) or the commission of any offence by the Bidder o r any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian 4 / 8 Penal Code, 1860 or the Prevention of Corruption Act 1988 or any other act enacted for the prevention of corruption sh all entitle the Buyer to take all or any one of the following actions, wherever required:-
• a.To immediately call off the pre-contract negotiations without assigning any reason or giving any compe nsation to the Bidder. However, the proceedings with the other Bidder(s) would continue.
• b.The Security Deposit/Performance Bond shall stand forfeited either full or partially, as decided by the Bu yer and the Buyer shall not be require to assign any reason therefore.
• c.To immediately cancel the contract, if already signed, without giving any compensation to the Bidder.
• d.To recover all sums already paid by the Buyer, and in case of an India Bidder with interest thereon at 2 % higher than the prevailing Prime Lending Rate, while in case of a Bidder from a country other than India with interest there on at 2% higher than the LIBOR. If any outstanding payment is due to the Buyer from th e Bidder in connection with any other contract for any other stores, such outstanding payment could also b e utilized to recover the aforesaid sum and interest.
• e.To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the Bidde r, in order to recover the payments, already made by the Buyer, along with interest. f. To cancel all or any other Contracts with the Bidder.
• g.To debar the Bidder from entering into any bid from the Government India for a minimum period of five years, which may be further extended at the discretion of the Buyer.
• h.To recover all sums paid in violation of this Pact by Bidder(s) to a middle man or agent or broker with a view to securing the contract.
• i.If the Bidder or any employee of the Bidder or any person acting behalf of the Bidder, either directly or in directly, is closely related to a of the officers of the Buyer, or alternatively, if any close relative of officer of the Buyer has financial interest/stake in the Bidder’s firm, then same shall be disclosed by the Bidder at th e time of filing of tender. A failure to disclose the interest involved shall entitle the Buyer to rescind the con tract without payment of any compensation to the Bidder.
• j.The term ‘close relative’ for this purpose would mean spouse whether residing with the Government serv ant or not, but not include a spouse separated from the Government servant by a decree or order of comp etent court; son or daughter or step son or step daughter an wholly dependent upon Government servant, but does not include child or step child who is no longer in any way dependent upon the Government servant or of whose custody the Government servant h been deprived of by or under any law; any other p erson relate whether by blood or marriage, to the Government servant or to t Government servant’s wife o r husband and wholly dependent upon Government servant.
• k.The Bidder shall not lend to or borrow any money from or enter in any 5 / 8 monetary dealings or trans actions, directly or indirectly, with an employee of the Buyer, and if he does so, the Buyer shall be entitled forthwith to rescind the contract and all other contracts with the Bidder. The Bidder shall be liable to pay c ompensation for any loss or damage to the Buyer resulting from such re scission and the Buyer shall entitl ed to deduct the amount so payable from the money(s) due to t Bidder.
• l.In cases where irrevocable Letters of Credit have been received respect of any contract signed by the Bu yer with the Bidder, the same shall not be opened. 9.2 The decision of the Buyer to the effect that a breach of the provisions of this Integrity Pact has been co mmitted by the Bidder shall be final and binding on the Bidder, however, the Bidder can approach the mon itor(s) appointed for the purposes of this Pact.
• 10.Fall Clause The Bidder undertakes that he has not supplied/is not supplying the similar systems or sub systems at a p rice lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India and if it is found at any stage that the similar system or sub-system was suppli ed by the Bidder to any other Ministry/ Department of then Government of India at a lower price, then that very price will be applicable to the present case and the difference in the cost would be refunded by the Bi dder to the Buyer, if the contract has already been concluded.
• 11.Examination of Books of Accounts In case of any allegation of violation of any provisions of this Integrit y Pact or payment of commission, the Buyer or its agencies shall be entitled to examine the Books of Acco unts of the Bidder and the Bidder shall provide necessary information of the relevant financial documents i n English and shall extend all possible help for the purpose of such examination.
• 12.Law and Place of Jurisdiction This Pact are subject to Indian Law. The place of performance and jurisdict ion is these at of the Buyer i.e. ESIC Hospital, INDORE MP.
• 13.Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other lega l action that may follow in accordance with the provisions of the extant law in force relating to any civil or c riminal proceedings.
• 14.Validity 14.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5 years or the com plete execution of the contract to the satisfaction of both the Buyer and the Bidder/Seller, whichever is late
• r.14.2 Should one or several provisions of this Pact turnout to be invalid; the remainder of this Pact remains valid. In this case, the parties will strive to co me to an agreement to their original intentions.
• 15.Both the parties signing this integrity pact shall be abided by the provisions of this pact and will follow the guidelines of independent external monitors or any other monitoring committee nominated by the co mpetent authority for the purpose at any stage.
• 16.The Parties here by sign this Integrity Pact at _________________ on ______ _______ ESIC Medical college & Hospital (1st Party) BIDDER (2nd P arty) Witness 1 Witness 2 .

Buyer uploaded ATC document Click here to view the file.