Networking Infrastructure UGMC & Nursing College

• 1.If the agency is registered under MSME or NSIC, then EMD exemption certificate needs to be enclosed.
• 2.Make in india specific authorisation certificate needs to be enclosed.

Buyer Added text based ATC clauses Buyer Added Bid Specific Terms and Conditions: -

• A.Following mandatory documents must be attached in the bid document as specified, failing which bid will be treated as" Non-Responsive":
• 1.Cost of spares, consumables and accessories not covered under warranty and CMC period shall be offered as percentage value of the system/unit in the Technical Bid ATC1/2. However, warranty includes all the spares mentioned in the technical specification.
• 2.Documents with regard to details compliance statement to be attached at " Additional Doc 2 (Reque sted in ATC)"
• 3.Documents with regard to Original Literature, Product catalogue, technical datasheet from the firm/O.E. M with Highlighting as per the technical specification must attach At "Additional Doc 3 (Requested in A TC)"
• 4.Documents with regard to list of Offering/Quoted items mentioning make, model & quantity of each stor e must be "Additional Doc 4(Requested in ATC)" :-

End User Certificate: Wherever Bidders are insisting for End User Certificate from the Buyer, same shall be provided in Buyer’s standard format only.

Experience Criteria: The Bidder or its OEM {themselves or through reseller(s)} should have regularly, man ufactured and supplied same or similar Category Products to any Central / State Govt Organization / PSU / Public Listed Company for 3 years before the bid opening date. Copies of relevant contracts to be submitte d 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.

IT equipment shall be IPv6 ready from day one.

Installation, Commissioning, Testing, Configuration, Training (As applicable as per scope of supply) is to be carried out by OEM / OEM Certified resource or OEM authorized Reseller.

Upload Manufacturer authorization: Wherever Authorized Distributors are submitting the bid, Manufacturer s Authorization Form (MAF)/Certificate with OEM 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 co mmissioning 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: All the items and acc essories as per Technical Specification.

The Buyer has an existing set up / inventory of similar products. The offered / supplied product must be co mpatible with existing system. The bidder has to ensure Compatibility of the supplied items or shall have t o include in the supply the necessary hardware / software to make them compatible at no extra cost to the buyer. The details of items with which compatibility is required are as under: all the spares Including UPS, PC, battery, Printer, Probes & upgradation of System Software & third party Software

Scope of supply (Bid price to include all cost components) : Supply Installation Testing Commissioning of G oods ,Training of operators and providing Statutory Clearances required (if any)

• 9.Turnover Bidder Turn Over Criteria: The minimum average annual financial turnover of the bidder during the last thr ee years, ending on 31st March of the previous financial year, should be as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant periods or a certificate fr om the Chartered Accountant / Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the date of constitution / incorporation of the bidder is less than 3 year ol d, the average turnover in respect of the completed financial years after the date of constitution shall be ta ken into account for this criteria.
• 10.Turnover OEM Turn Over Criteria: The minimum average annual financial turnover of the OEM of the offered product during the last three years, ending on 31st March of the previous financial year, should be as indicated in t he bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant period s or a certificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the rel evant period shall be uploaded with the bid. In case the date of constitution / incorporation of the OEM is le ss than 3 year old, the average turnover in respect of the completed financial years after the date of consti tution shall be taken into account for this criteria. In case of bunch bids, the OEM of CATEGORY RELATED T O primary product having highest bid value should meet this criterion.

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

• 12.Purchase Preference (Centre) As per DPIIT notification at the time of e-tender , bidding or solicitation the bids shall be required to indicat e percentage of local content and provide self-certification ( by Director/ Company Secretary) and also give details of the location/s at which value addition is made". Since the bidder here is not the local supplier, th e same was required to be obtained from the "Class-I local supplier /Class II local supplier” Further the det ails of Calculations of local content areas under: Question 1. How to calculate Local Content? Answer: Para 2 of the PPP-MII Order, 2017 (as amended on 16.09.2020) defines local content as Local cont ent’ means the amount of value added in India which shall, unless otherwise prescribed by the Nodal Minis try, be the total value of the item procured (excluding net domestic indirect taxes) minus the value of imp orted content in the item (including all customs duties) as a proportion of the total value, in percent. Mathe matically, Local content = (Sale price - Value of imported content) * 100/ Sale price Where, “Sale price” m eans price excluding net domestic indirect taxes and “Value of imported content” means price of imported content inclusive of all customs duties Question2. How to calculate Local Content in bids involving supply of multiple items from single bidder? Answer: In case of bids requiring supply of multiple items (say “X1”, “X2” and “X3”) by a single bidder, the local content in the bid shall be Local content = ((Sale price of “X1” - Value of imported content in “X1”) + (Sale price of “X2” – Value of imported content in “X2”) + (Sale price of “X3” - Value of imported content i n “X3”)) * 100/ (Sale price of “X1” + Sale price of “X2” + Sale price of “X3”)

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

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

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

Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.

The bidder or the OEM of the offered products must have BIS/WHO-GMP/ CDSCO Indian certification or alter nate certification as recognized by Government of India

Material Test Certificate Should Be Sent Along with The Supply. The Material Will Be Checked by Buyer’s L ab & the Results of the Lab will be the Sole Criteria for Acceptance of the Item.

The bidder is required to upload, along with the bid, all relevant certificates such as BIS licence, type test c ertificate, approval certificates and other certificates as prescribed in the Product Specification given in th e bid document.

To be eligible for award of contract, Bidder / OEM must possess following Certificates / Test Reports on the date of bid opening (to be uploaded with bid): All the quality & electrical safety certificates . The bidder shall submit a valid OEM Authorization Certificate for each product offered. In case the products quoted are from different OEMs, separate OEM Authorization Certificates from each respective OEM shall b e submitted along with the bid.

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 5 % of contract price per annum. Buyer reserves the right to enter into a CMC agreement with the Successfu l Bidder / OEM after expiry of the Warranty period at above mentioned rate and the payment for the CMC c harges would be made Biannually after rendering of the CMC Services of the relevant CMC period. Perform ance Security of the successful bidder shall be forfeited if it fails to accept the CMC contract when called u pon by the buyer. CMC would include cost of all the spares Including UPS, PC, battery, Printer, Probes & up gradation of System Software & third party Software (Upload the undertaking). The original Performance S ecurity of contract will be returned only after submission and verification of CMC Performance Security for 3% 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 (as indicated in the technical specification /GeM condition) years from the date of final acceptance of goods or after completion of installation, commissioni ng & 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 r ectification 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 INDI A for attending the after sales service. Details of Service Centres near consignee destinations are to be upl oaded along with the bid.

Over and above the normal Warranty terms as per GeM GTC, the successful bidder / OEM shall have to pro vide Comprehensive Warranty during the entire Standard warranty period as per contract. : The comprehe nsive warranty shall be covering the following scope all the spares Including UPS, all Networking items & u pgradation of System Software & third party Software (Upload an undertaking with the bid confirming com pliance by the bidder if Bidder is taking onus of this compliance. In case OEM is taking onus of this complia nce, OEM undertaking is to be uploaded along with Bidder undertaking)

Successful bidder will have to ensure that adequate number of dedicated technical service personals / eng ineers are designated / deployed for attending to the Service Request in a time bound manner and for ens uring Timely Servicing / rectification of defects during warranty period, as per Service level agreement indi cated 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 wit hin 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. Sell er can deposit the penalty with the Buyer directly else the Buyer shall have a right to recover all such pena lty 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 al ternate sources at the risk and cost of the Seller besides forfeiture of PBG. Seller shall be liable to re-imbur se the cost of such service / rectification to the Buyer.

• 26.Past Project Experience For fulfilling the experience criteria any one of the following documents may be considered as valid proof f or meeting the experience criteria:
• a.Purchase Order copy along with Invoice(s) with self-certification by the bidder that supplies against the i nvoices have been executed.
• b.Execution certificate by client with order value.
• c.Any other document in support of order execution like Third Party Inspection release note, etc.
• 27.Past Project Experience The Bidder / OEM {themselves or through reseller(s)}, should have executed project for supply and installation / commissioning of same or similar Category Products during preceding 3 financial years (i.e. c urrent year and three previous financial years) as on opening of bid, as per following criteria:
• (i)Single order of at least 35% of estimated bid value; or
• (ii)Two orders of at least 20% each of estimated bid value; or
• (iii)Three orders of at least 15% each of estimated bid value. Satisfactory Performance certificate issued by respective Buyer Organization for the above Orders should b e uploaded with bid. In case of bunch bids, the Category related to primary product having highest bid valu e should meet this criterion

Bidders can also submit the EMD with Account Payee Demand Draft in favour of NEIGRIHMS EMD SECURITY DEPOSITS payable at MAWDIANGDIANG, SHILLONG-793018, MEGHALAYA . Bidder has to upload scanned c opy / proof of the DD along with bid and has to ensure delivery of hardcopy to the Buyer within Bid End dat e & time / Bid Opening date & time.

Bidders can also submit the EMD with Fixed Deposit Receipt made out or pledged in the name of A/C (Nam e of the Buyer). The bank should certify on it that the deposit can be withdrawn only on the demand or wit h the sanction of the pledgee. For release of EMD, the FDR will be released in the favour of the bidder by th e Buyer after making endorsement on the back of the FDR duly signed and stamped along with covering le tter. Bidderhas to upload scanned copy/ proof of the FDR along with bid and has to ensure delivery of hard copy to the Buyer within Bid End date & time / Bid Opening date & time.

Bidders can also submit the EMD with Banker’s Cheque in favour of NEIGRIHMS EMD SECURITY DEPOSITS p ayable at MAWDIANGDIANG, SHILLONG-793018, MEGHALAYA . Bidder has to upload scanned copy / proof of the BC along with bid and has to ensure delivery of hardcopy to the Buyer within within Bid End date & t ime /Bid Opening date & time.

Bidders can also submit the EMD with Payment online through RTGS / internet banking in Beneficiary name NEIGRIHMS EMD SECURITY DEPOSITS Account No. 30270200000027 IFSC Code BARB0MAWDIA Bank Nam e BANK OF BARODA Branch address MAWDIANGDIANG, SHILLONG-793018, MEGHALAYA . Bidder to indicat e bid number and name of bidding entity in the transaction details field at the time of on- line transfer. Bid der has to upload scanned copy / proof of the Online Payment Transfer along with bid.

Successful Bidder can submit the Performance Security in the form of Account Payee Demand Draft also (b esides PBG which is allowed as per GeM GTC). DD should be made in favour of NEIGRIHMS EMD SECURITY DEPOSITS payable at MAWDIANGDIANG, SHILLONG-793018, MEGHALAYA . After award of contract, Succes sful Bidder can upload scanned copy of the DD in place of PBG and has to ensure delivery of hard copy to t he original DD to the Buyer within 15 days of award of contract.

Successful Bidder can submit the Performance Security in the form of Fixed Deposit Receipt also (besides P BG which is allowed as per GeM GTC). FDR should be made out or pledged in the name of NEIGRIHMS EMD SECURITY DEPOSITS A/C (Name of the Seller). The bank should certify on it that the deposit can be withdra wn only on the demand or with the sanction of the pledgee. For release of Security Deposit, the FDR will be released in favour of bidder by the Buyer after making endorsement on the back of the FDR duly signed an d stamped along with covering letter. Successful Bidder has to upload scanned copy of the FDR document i n place of PBG and has to ensure delivery of hard copy of Original FDR to the Buyer within 15 days of awar d of contract.

Successful Bidder can submit the Performance Security in the form of Payment online through RTGS / inter net banking also (besides PBG which is allowed as per GeM GTC). On-line payment shall be in Beneficiary name NEIGRIHMS EMD SECURITY DEPOSITS Account No. 30270200000027 IFSC Code BARB0MAWDIA Bank Name BANK OF BARODA Branch address MAWDIANGDIANG, SHILLONG-793018, MEGHALAYA. Successful Bi dder to indicate Contract number and name of Seller entity in the transaction details field at the time of o n-line transfer. Bidder has to upload scanned copy / proof of the Online Payment Transfer in place of PBG within 15 days of award of contract. ( E ) Additional Terms and conditions & Scope of Work for CMC:- Tenderer/Vendors/contractor should note that the following terms and conditions will apply specifically in a ddition to the Rules and the Regulation as applicable to such provide services in the Government of India.

• 1.Comprehensive Annual Maintenance Contract must include Labour, spares & Preventive Maintenance of all the excluding of battery, Accessories/Consumables.
• 2.The terms and conditions of the tender and the agreement executed will be binding on the vendor/contr actor. This offer is being issued in accordance with the terms & conditions of NEIGRIHMS /Government of In dia and in the manner specified herein shall operate to create a specific contract between the vendor/cont ractor (with whom the contract referred to) on one part and NEIGRIHMS, Shillong, on the other part.
• 3.The required spares to be replace must be genuine and certified from the OEM.
• 4.Repairs to be undertaken should be within specified configuration and maintaining the integ ration on internal circuit of equipment, any deviation on configuration/ specification the repair will not be acceptable. After repairs, a certificate to the effect that the equipment is in workin g order and safe for patient care and non-hazardous for the handler shall be submitted by the CMC holder.
• 5.Tenderer/Vendors/contractor is responsible to provide electrical and patient safety certificate after majo r repair of equipment which are used for direct patient care.
• 6.The system must be checked & calibrated after every spare changes and detail service report must be s ubmitted to the user & BME/ I T Cell. 7. 2 nos of Periodic preventive maintenance is mandatory irrespective of unlimited service /breakdown call

s.

• 8.Same /Similar Standby system must be provided by the bidder if the system needs to send to workshop for any major repair.
• 9.Receipt of this offer may be acknowledged and a copy duly signed/stamped by the authorized signatory should be submitted before finalization of the agreement.
• 10.The Performance security shall be denominated in any one of the forms namely Account Payee Deman d Draft or Fixed Deposit Receipt drawn from any nationalized bank in India or Bank Guarantee issued by a nationalized bank in India, pledge in favor of Deputy Director, NEIGRIHMS, and Shillong-793018 for an amo unt equivalent to 3% of the total cost of annual CMC. The validity of the Fixed Deposit receipt or Bank Gua rantee will be up to 2 months beyond CMC period.
• 11.It may also be noted that there should be no negligence in providing services of any type, if any, complaint is received the contract will be terminated with immediate effect.
• 12.There will be 98% uptime warranty during CMC period on 24 (hrs) X 7 (days) X 365 (days) basis, with p enalty, to extend CMC period by double the downtime period. The vendor shall ensure optimum uptime of the system during CMC period, failing which the initiate shall initiate stern action, as deemed fit.
• 13.During Comprehensive period, the supplier shall visit at each consignee’s site for preventive maintena nce including testing and calibration as per the manufacturer’s service/ technical/ operational manual. The supplier shall visit each consignee site as recommended in the manufacturer’s manual, but at least once i n 6 months commencing from the date of the successful completion of warranty period for preventive mai ntenance of the goods.
• 14.Processing of bill may be considered on yearly basis with satisfactory report from the user department. The AMC/CMC bills should be certified by the concerned Head of the Department/ In- Charge, BME and the respective DMS/MS.
• 15.Software updates should be provided free of cost during CMC. The first service call by the team of service engineers should be within 7 days of issue of this order.
• 16.Settlement of disputes – Director, NEIGRIHMS or his authorized representative shall be the final authori ty in all disputes and decision will be binding on all concerned.
• 17.All other terms & conditions are as per award of contract mentioned in pre-page.
• 18.Bidders are required to sign the CMC contract agreement within 15 (fifteen) days from the issue of the letter of award/supply order, failing which EMD/security deposit may be forfeited or Contract declared null and void.
• 19.The bidder shall comply with all applicable statutory requirements of the State/Region of Meghalaya. The bidder shall submit a valid Trading Licence issued by the Khasi Hills Autonom ous District Council (KHADC). In case the Trading Licence is not available at the time of submi ssion of the bid, the bidder shall submit proof of application for the Trading Licence along wit h the bid. Alternatively, an undertaking to obtain and submit the valid KHADC Trading Licence within 20 days from the date of award of the contract may be submitted along with the bid. Additional Technical Specification The specifications in Additional Terms and Conditions – Buyer Specific Clauses (ATC) shall sup ersede the “GeM category specification”. The technical evaluation will be as per these specifications only, and the bidders shall quote the equipment and submit the technical compl iance accordingly.
• (F)Special Terms and Conditions-
• 1.In case of authorized resellers/distributors, it will be the legal & regulatory liability of the manufacturer t o ensure that their resellers/distributors are operating in compliance with all relevant laws and regulations and are properly licensed to sell the manufacturer's products, including verifying the validity and authentic ity of Office equipment ( with e-waste management) license held by them.
• 2.Any other Terms and Conditions which is not included or at variance with the conditions specified in STC /GTC, may be added by the buyer through Additional Terms and Conditions (ATC) in the bid to ensure item s are procured from authentic/validated source with appropriate and applicable quality. The above terms a nd conditions are in reverse order of precedence i.e. ATC shall supersede specific STC which shall superse de General Terms and Conditions (GTC), whenever there are any conflicting provisions.
• 3.Comprehensive warranty: Comprehensive warranty shall include preventive maintenance including cali bration as per technical/ service /operational manual of the manufacturer, service charges and spares. Dur ing the warranty period commencing from date of the successful completion of warranty period, Service p ersonnel shall visit each consignee site as recommended in the manufacturer's technical/ service /operatio nal manual, at least once in six months. Warranty shall not be including the consumables. Further there wi ll be 98% uptime warranty during warranty period on 24 (hrs) X 7 (days) X 365 (days) basis, with penalty, t o extend warranty period by double the downtime period.
• 4.Service centres: Details of Service outlets in India to render services for equipment to be furnished to bu yer/consignees with complete address, telephone numbers, e mails etc at time of making the supplies. It s hall be the responsibility of seller to ensure that authorized service centres are available to cater to the ar eas where supplies are made within reasonable distance from where the service calls can be handled. Det ails of toll-free numbers for service call and online registration of service requests also to be provided buye r/consignee at the time of supplies.
• 5.Source of supply: It shall be responsibility of seller to provide Documents regarding source of equipment ’s such as copy of Performa invoice or any other documents to establish that the products supplied are ma nufactured by OEM indicated and sourced from them.
• 6.Spare Parts: Seller shall provide materials, information etc. pertaining to spare parts manufactured and supplied by the OEM. It shall be ensured that the required spares are available for purchase at least for 10 years from date of supplies. In case due to any reasons the production of the spare parts is discontinued s ufficient advance notice should be given to the 9 / 23 buyer/consignee before such discontinuation to prov ide adequate time to purchase the required spare parts etc. Further, OEM and their service centres/dealers shall carry sufficient inventories to assure ex-stock supply of consumables and spares for t he equipment’s so that the same are available. OEM or reseller shall always accord most favoured client st atus to the buyer/consignee and shall give the most competitive price for spares and consumables of its m achines/equipment’s supplied.
• 7.Installation, Training, Manuals: Seller shall be responsible to carry out Installation & commissioning, Sup ervision and Demonstration of the goods. They shall provide required jigs and tools for assembly, minor civ il works for the completion of the installation and Training of Consignee's representatives for operating and maintaining the equipment and supplying required number of operation & maintenance manual for the go ods. In case the category parameters are specifying any requirements regarding the installations, training and manuals the same shall also be applicable.
• 8.Electrical safety checking: Sellers are required to make sure that they furnish the list of equipment’s for carrying out routine and preventive maintenance to buyer/consignee .They should make sure to periodicall y check the electrical safety aspects as per BIS Safety Standards or equivalent .In case they do not have re quired equipment for such testing should ensure that the equipment’s checked for electrical safety compli ance through labs with facilities for such checking during every preventive maintenance call.
• 9.Software: All software updates should be provided free of cost during warranty period. Bid Requirement and additional compulsory conditions : 1) Warranty for 5 years followed by CMC for 5 years including Spares & onsite services at NEIGRIHMS shillong 2) The bidder should have the local sales cum Service office in North East for 3 years . 3) Technical Compliance/Datasheet of the offered products etc. must be furnished on OEM letter head . OE M with logo embossed (no stickers allowed). 7) Quoted model should be certified for RoHS/ UL with ISO or BIS certifications. 10) The Successful Bidder should deliver, install the devices and provide demonstration to the staff of NEI GRIHMS at all the locations mentioned in the document attached under Bid Specific Additional Scope of wo rk at his own cost Within the provided delivery time (60 days). 11) Acknowledgement of receipt from every consignee should be enclosed with the invoice for processing payment. 12 ) Warranty for 5 years followed by CMC for 5 years including Spares & onsite services at NEIGRIHMS shil ling. Declaration of Qualified Hardware Engineer with the Technical bid failing which bid is liable to be rejec ted. Technical Compliance and Datasheet of the offered products etc must be furnished on OEM letter hea
• d.[CVC’s Circular No. 06.06.2023; dated: 14.06.2023 /GFR 2017, Rule 175 ("Code of Integrity")] INTEGRITY PACT (to be executed on a non-judicial Stamp Paper of Rs 100 and applicable for all tenders) This INTEGRITY PACT is made and executed at on this day of (Year). BETWEEN North Eastern Indira Gandhi Regional Institute of Health & Office equipment Sciences
• (NEIGRIHMS), having its permanent campus located at Mawdiangdiang, Shillong -793018 (hereinafte r referred to as “NEIGRIHMS” which terms or expression shall, unless excluded by or repugnant to the subj ect or context, mean and include its successor-in-office, administrators or permitted assignees) of the First Part; AND M/s (Name and Address of Individual/Firm/Company), through, (insert name and designation of the Officer/ Representative/Authorized Signatory), having its office at (hereinafter referred to as “The Bidder /Contract or” which terms or expression shall, unless excluded by or repugnant to the subject or context, mean and i nclude its successor in-office, administrators or permitted assignees) of the Second Part; WHEREAS NEIGRI HMS has floated the Tender, vide No: (hereinafter referred to as“ Tender /Bid”) and intends to award, unde r laid down organizational procedures, for_ (Name of the Work /Goods /Services), vide No: (GeM Bid numbe r with date) hereinafter referred to as “The Contract”. AND WHEREAS NEIGRIHMS values full compliance wi th all relevant laws of the land, rules, regulations, economic use of resources and of fairness /transparency in its relations with its Bidder(s) and/or Contractor(s).AND WHEREAS to meet the purpose aforesaid both th e parties have agreed to enter into this Integrity Agreement (herein referred to as “Integrity Pact” or “Pact ”), the terms and conditions shall also be read as integral part and parcel of the Tender /Bid documents an d Contract between the parties. NOW THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby agree as follows and this Pact witnesses as under;
• 1.Commitments of NEIGRIHMS:- NEIGRIHMS undertakes that no official of NEIGRIHMS, connected directly or indirectly with the contract, wil l demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, re ward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for the mselves or for any person, organisation 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. NEIG RIHMS will, during the pre-contract stage, treat all BIDDER alike, and will provide to all BIDDER the same in formation and will not provide any such information to any particular BIDDER which could afford an advant age to that particular BIDDER in comparison to other BIDDER /TENDERER. All the officials of NEIGRIHMS wil l report to the appropriate Government office any attempted or completed breaches of the above commit ments 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 NEIG RIHMS with full and verifiable facts and the same is prima facie found to be correct by NEIGRIHMS, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by NEIGRIHMS and such a person shall be debarred from further dealings related to the contra ct process. In such a case while an enquiry is being conducted by NEIGRIHMS the proceedings under the co ntract would not be stalled.
• 3.Commitments of BIDDER:- The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and i llegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to sec ure the contract or in furtherance to secure it and in particular commit itself to the following: The Bidder w ill 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 NEI GRIHMS, connected directly or indirectly with the bidding process, or to any person, organization or third p arty related to the contract in exchange for any advantage in the bidding, evaluation, contracting and impl ementation of the Contract. The BIDDER further undertakes that it has not given, offered or promised to gi ve, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit o r other advantage, commission, fees, brokerage or inducement to any official of NEIGRIHMS or otherwise i n procuring the Contract or forbearing to do or having done any act in relation to the obtaining or executio n of the contract or any other contract with the Government for showing or forbearing to show favour or di sfavour to any person in relation to the contract or any other contract with the Government. BIDDER shall disclose the name and address of agents and representatives and Indian BIDDER shall disclose their foreig n principals or associates. BIDDER shall disclose the payments to be made by them to agents/ brokers or any other intermediary, in c onnection with this bid/contract. The BIDDER further confirms and declares to NEIGRIHMS that the BIDDER is the original manufacturer / integrator/ authorized government sponsored export entity of the stores and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in a ny way to recommend to NEIGRIHMS or any of its functionaries, whether officially or unofficially to the awa rd of the contract to the BIDDER, nor has any amount been paid, promised or intended to be paid to any s uch individual, firm or company in respect of any such intercession, facilitation or recommendation. The BI DDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, sh all disclose any payments he has made, is committed to or intends to make to officials of NEIGRIHMS or th eir family members, agents, brokers or any other intermediaries in connection with the contract and the d etails of services agreed upon for such payments. 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, co ntracting and implementation of the contract. The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal a ctivities. The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others, a ny information provided by NEIGRIHMS as part of the business relationship, regarding plans, technical prop osals 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. The BIDDER commits to refrain from giving any complaint directly or through any other manner without su pporting it with full and verifiable facts. The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mention ed above. 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 NEIGRIHMS, or alternatively, if any relative of an officer of NEIGRIHMS 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. The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactio ns, directly or indirectly, with any employee of NEIGRIHMS.
• 4.Previous Transgression:- The BIDDER declares that no previous transgression occurred in the last three years immediately before si gning of this Integrity Pact, with any other company in any country in respect of any corrupt practices envi saged 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. The BIDDER agrees that if it makes incorrect stat ement on this subject, BIDDER can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.
• 5.Earnest Money (Security Deposit):- 5.1 -While submitting commercial bid, the BIDDER shall deposit an amount (as specified in the Bid /Tender document) as Earnest Money/Security Deposit, with NEIGRIHMS, as specified in the Bid /Tender document. The Earnest Money /Security Deposit shall be valid for a period of (as specified in the Bid /Tender docume nt) or the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDD ER and NEIGRIHMS, including warranty period, whichever is later. In case of the successful BIDDER a claus e would also be incorporated in the Article pertaining to Performance Bond /Security in the Purchase Contr act that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond /Sec urity in case of a decision by NEIGRIHMS to forfeit the same without assigning any reason for imposing san ction for violation of this Pact. No interest shall be payable by NEIGRIHMS to the BIDDER on Earnest Money / Security Deposit for the period of its currency.
• 6.Sanctions for Violations:- Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (w hether with or without the knowledge of the BIDDER) shall entitle NEIGRIHMS to take all or any one of the f ollowing actions, wherever required:
• (i)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.
• (ii)The Earnest Money Deposit (in pre-contract stage) and / or Security Deposit/Performance Bond (after t he contract is signed) shall stand forfeited either fully or partially, as decided by NEIGRIHMS and NEIGRIHM S shall not be required to assign any reason therefore.
• (iii)To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.
• (iv)To recover all sums already paid by NEIGRIHMS, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment i s due to the BIDDER from NEIGRIHMS in connection with any other contract for any other stores, such outs tanding payment could also be utilised to recover the aforesaid sum and interest.
• (v)To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BID DER, in order to recover the payments, already made by NEIGRIHMS, along with interest.
• (vi)To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to NEIGRIHMS resulting from such cancellation/rescission and NEIGRIHMS shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.
• (vii)To debar the BIDDER from participating in future bidding processes of the Government of India for a m inimum period of five years, which may be further extended at the discretion of NEIGRIHMS.
• (viii)To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker w ith a view to securing the contract.
• (ix)In cases where irrevocable Letters of Credit have been received in respect of any contract signed by N EIGRIHMS with the BIDDER, the same shall not be opened.
• (x)Forfeiture of Performance Bond in case of a decision by NEIGRIHMS to forfeit the same without assignin g any reason for imposing sanction for violation of this Pact. NEIGRIHMS will be entitled to take all or any o f the actions mentioned at para 6.1 (i) to (x) of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offenc e as defined in Chapter IX of the Indian Penal Code, 1860, or Prevention of Corruption Act, 1988, or any other statute enacted for prevention of corruption. The decision of NEIGRIHMS 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.
• 7.Fall Clause:- The BIDDER undertakes that it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry / Department of the Gove rnment of India or PSU and if it is found at any stage that similar product/systems or sub system was suppli ed by the BIDDER to any other Ministry/Department of the Government of India or a PSU at a lower price, t hen that very price, with due allowance for elapsed time, will be applicable to the present case and the diff erence in the cost would be refunded by the BIDDER to NEIGRIHMS, if the contract has already been concl uded.
• 8.Independent Monitors: There shall be Independent Monitors (hereinafter referred to as Monitors) appointed by NEIGRIHMS for this Pact in consultation with the Central Vigilance Commission. The task of the Monitors shall be to review ind ependently and objectively, whether and to what extent the parties comply with the obligations under this Pact. The Monitors shall not be subject to instructions by the representatives of the parties and perform their fun ctions neutrally and independently. Both the parties accept that the Monitors have the right to access all t he documents relating to the project/ procurement, including minutes of meetings. 8.5 As soon as the Moni tor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by NEIGRIHMS. The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Projec t documentation of NEIGRIHMS including that provided by the BIDDER. The BIDDER will also grant the Moni tor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his pr oject documentation. The same is applicable to Subcontractors. The Monitor shall be under contractual obli gation to treat the information and documents of the BIDDER/Subcontractor(s) with confidentiality. NEIGRIHMS will p rovide to the Monitor sufficient information about all meetings among the parties related to the Project pro vided such meetings could have an impact on the contractual relations between the parties. The parties wi ll offer to the Monitor the option to participate in such meetings. The Monitor will submit a written report t o the designated Authority of NEIGRIHMS, within 8 to 10 weeks from the date of reference or intimation to him by NEIGRIHMS /BIDDER and, should the occasion arise, submit proposals for correcting problematic sit uations.
• 9.Facilitation of Investigation:- In case of any allegation of violation of any provisions of this Pact or payment of commission, NEIGRIHMS o r its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDE R and the BIDDER shall provide necessary information and documents in English and shall extend all possi ble help for the purpose of such examination.
• 10.Law and Place of Jurisdiction:- This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of NEIGRIHMS
• 11.Other Legal Actions:- 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.
• 12.Validity: The validity of this Integrity Pact shall be from the date of its signing and extend up to 5 years or the comp lete execution of the contract to the satisfaction of both NEIGRIHMS and the BIDDER/Seller, including warra nty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six mont hs from the date of the signing of the contract. Should one or several provisions of this Pact turn out to be i nvalid, the remainder of this pact shall remain valid. In this case, the parties will strive to come to an agree ment to their original intentions. The Parties hereby sign this Integrity Pact as part of the contract at on.
• 1.Signed, Sealed and Delivered by the _ _ (For and on behalf of NEIGRIHMS) In the presence
• 2.Signed, Sealed and Delivered by the (For the Bidder) In the presence of: Independent External Monitor (IEM) As per CVC circular no 09/09/2023The communication details of the IEMs are as follows:- Sl. No. Name of Independent External Monitor (IEM) Address and Contact details
• 1.Shri Anil Kumar Pratham, D225, Sector 47, Noida, Uttar Pradesh-201301, M.No. 9978405257, email- apratham@gmail.com
• 2.Shri. Ganganna Satish, IFoS (Retd.) 108, Devikripa, Vinayaka Layout, 2nd main, Bhopasandra, near Sunr ise School, Bangalore -560094;Mobile No. 9845256115; Email id: satishifs@gmail.com All other roles and functions of IEMs are as per the revised Standard Operating Procedure (SOP) issued by Central Vigilance Committee vide Circular No04/06.23; dated: 14.06.2023. .

Buyer uploaded ATC document Click here to view the file.