‘Wai/ Ramchi-834002/ sears / Jharkhand, sTe0/ India Feta fates i eae = ‘t/ Phone + 0651-248 3511/ 3594/ 3566 bea/ Fax + 0651 - 248 2289 MECON LIMITED = &*#/ Email: [email protected] aamec/ AGovernment of India Enterprise Website + hetpdiwww, ited.co.in cIN + U74140JH1973G01001 199 INTEGRITY PACT Between MECON Ltd., Ranchi hereinafter referred to as “The Principal”, and .»- hereinafter referred to as “The Bidder / Contractor” Breamble ‘The Principal intends to award, under lnid down organizational procedures, contracts f0F sm required for sain The Principal values full ‘compliance with all relevant laws ofthe land, rules, regu its relations with its Bidder(s) and / or Contractor(s). In otder to achieve these goals, the Principal will appoint an Independent Extemal Monitor (IEM), who will monitor the tender provess and the execution ofthe contract for compliance with the principles mentioned above, s, economic use of resources and of fairness / transparency Seetion 1 — Commitments of the Principal 1) The Principal commits itself to take all measures necessary to prevent corruption ic. corrupt fraudulent/ collusive! coercive and to observe the following principies: ) No employee of the Principal, personally or through family members, will in connection with the tender For, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to. b) The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential’ additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution ©) The Principal will exclude from the process all known prejudiced persons. 2) If the Principal obtains information on the conduct of any of its employees which is @ criminal offence under the IPCIPC Act, or ifthere be @ substantive suspicion in this regard, the Principal will inform its Vigilance Officer and in addition can initiate disciplinary actions Section 2 - Commitments of the Bidder(s) / Contractor(s) 1) ‘The Bidder(s)’ Contractor(s) commit himself to take all measures necessary to prevent corruption, He commits himself to observe the following principles during his participation in the tender process and during the contract a) The Bidder(s)’ Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contractor to any third person any material or other benefit which he! she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract. Page 1 of $W/ Ranchi-834002 sreave/ Jharkhand, Tw/ India oa ie ee vsti Phone 0651 ~248 3511/3594/3566 teu/ Fax + 0651 ~248 2289 ron MECON LIMITED £/ Fes + soninstats8 ssl SEF A conenneatattaa tategene NOE + pune meconliniteeain IN 2 U7AI40NH1973GOL001199 b) The Bidder(s) / Contractor(s) will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce eartelisation inthe bidding process. ©) The Bidder(s)’ Contractor(s) will not commit any offence under the relevant IPC/PC Act ; further the Bidder(s)’ Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on the ‘others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. ) The Bidder(s) / Contractor(s) of foreign origin shall disclose the name and address of the Agents / representatives in India, if any. Similarly, the Bidder(s) / Contractor(s) of Indian Nationality shall Furnish the ‘name and address of the foreign principals, if any. Further details as mentioned in the “Guidelines on Indian ‘Agents of Foreign Suppliers” shall be disclosed by the Bidder(s) / Contractor(s). Further, as mentioned in the Guidelines al the payments made to the Indian agent / representative have to be in Indian Rupees only as per the “Guidelines on Indian Agents of Foreign Suppliers”. ©) The Bidder(s)’ Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is ‘committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. 2) The Bidder(s)/ Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory 10 such offences. Section 3 — Disqualification from tender process and exclusion from future contracts If the Bidder(s)(Contractor(s), before contract award has committed a transgression through a violation of Section 2 ot in any other form such as to put his reliability or credibility as Bidder into question, the Purchaser is entitled to disqualify the Bidder from the tender process orto terminate the contract, if already signed, for such reason. 1) If the Tenderer(s)/Contractor(s) has committed a transgression through a violation of Section 2 such as to put his. reliability or credibility into question, the Purchaser is entitled also to exclude the Tenderer/ Comtractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression, The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the ‘Tenderer’ Contractor and the amount ofthe damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years and/or minimum of 2 bidding process and maximum of 6 bidding process. 2) Ifthe Bidder(s)/Contractor(s) can prove that he has restored’ recouped the damage caused by him and has installed a suitable coruption prevention system, the Purchaset may revoke the exclusion provided such corruption prevention system have been audited by an independent ageney. Page 2 of 5‘W/ Ranchi-834002 seas / Jharkhand, s1e1/ India Rota fates t4/ Phone 0651 ~ 248 3511/3594/ 3566 are ere oF eT oar/ Fax 3 0651 ~ 248 2289 MECON LIMITED s-44/ Email > contractranchi78@, Limnit in A Government of fndia Enterprise SE” 1 htpvaww imited.co.in cn + UTAL40H1973G01001199 Section 4 — Compensation for Damages 1) Ifthe Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit! Bid Security 2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated ‘damages ofthe Contract vaiue or the amount equivalent to Performance Bank Guarantee Seetion 5 ~ Previous transgression 1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other company in any ‘country conforming to the anti corruption approach or with any Public Sector Enterpris in India that could justi ‘exclusion from the tender process 2) Ifthe Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or action can be taken as per the procedure mentioned in "Guidelines on Banning of business dealings” Section 6 ~ Equal treatment of all Bidders/Contractors/Sub-Contractors. 1) The Contractor(s) / Contractor(s) undertake(s) to demand from alt sub-Contractors a commitment in conformity with this Integrity Pact, and to submit itt the Principal before contract signing, 2) The Principal will enter into agreements with identical conditions as this one with all bidders, Contractors and Sub- Contractors. 3) The Principal wil disqualify from the tender process all bidders who do not sign this Pact or violate its provisions. Section 7 — Criminal charges against violating Bidders(s)/ Contractors(s) / Sub-Contractors(s) Ifthe Principal obtains knowledge of conduct of a Bidder, Contractor or Sub-Contractor, or of an employee or @ representative or an associate of a Bidder, Contractor or Sub-Contractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer. Section 8 ~ External Independent Monitor/ Monitors 1) The Principal has appointed External Independent Monit Sri Siva Prasad Rao, Extemal Independent Monitor 1 Floor (in front of CMD Office) MECON Ltd,, Ranchi- 834002, Jharkhand ‘The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply ‘ith the obligations under this agreement 2) ‘The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally ‘and independently. He reports to the CMD, MECON. Page 3 of 5‘W4/ Ranchi-834002 stave / Jharkhand, "1a/ India Fata feties 7 a i wr/ Phone + 0651 — 248 3511/3594/ 3566 bar/ Fax 0651-248 2289 MECON LIMITED ©%/ fmail + ssomaanciedeconinied cain AGovernmeat ef india Enterprise Went + hitpu/wiey.meeontimited.co.in cIN + Un4id0sHn973Gor001199 3) The Bidder(s) / Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, ‘upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub-Contractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder(s)! Contractor(s) / Sub-Contractor(s) with confidentiality. 4) The Principal will provide to the Monitor sufficient information about all mectings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings. 5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, fie will so inform the Management of the Principal and request the Management to discontinue or take correct relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has ‘no right to demand from the parties that they actin a specific manner, refrain from action or tolerate action, ©) The Monitor will submit a written report to the CMD, MECON within 8 to 10 weeks from the date of reference or action, or to take other intimation to him by the “Principal” and, should the occasion arise, submit proposals for correcting problem: situations. 7) Monitor shall be entitled to compensation on the same terms as being extended to / provided to Independent Directors on the MECON Board 8) If the Monitor has reported to the CMD, MECON, substantiated suspicion of an offence under relevant IPC) PC ‘Act, and the CMD, MECON has not, within reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner. 9) The word ‘Monitor’ would include both singular and plural Section 9~ Pact Duration ‘This pact begins when both partes have legally signed it It expires forthe Contractor 12 months after the last payment under the contract, and forall other Bidders 6 months after the contract has been awarded. any claim is made /lodged during this time, the same shall be binding and continue to be valid despite the lapse of this, pact as specified above, unless itis discharged / determined by CMD of MECON. Section 10 - Other provisions 1) This agreement is subject to Indian Law, Place of performance a jurisdiction is the Registered Office of the Principal, ive, Ranchi 2) Changes and supplements as well as termin: made. n notices need to be made in writing, Side agreements have not been Page 4 of 5A/ Ranchi-834002/ swears / Jharkhand, wea / India Feta faties : Y aa a ‘it/ Phone + 0651 ~248 3511/ 3594/ 3566 weaa/ Fax + 0651-248 2289 MECON LIMITED = ¥°8/ Emai + [email protected] ataee/ ‘Website :_httpv//www.meconlimited.co.in CIN + U?4140JH1973G01001199 3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members. 4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this ease, the parties will strive to come to an agreement to their original intentions MECON Lid., Ranchi MIS ses 7 (For & On behalf of the Principal), (For & On behalf of the Bidder/Contractor) (Office Seal) Place: Date: Wines 1: (Name & Address) Witness 2: (Name & Address) Page Sof 5