Professional Documents
Culture Documents
INVITATION TO TENDER
(OPEN/ LIMITED TENDER)
No: 10/12/PUR/AP&M/2017-18 Dated: 19.9.2017
M/S Dear
Sirs,
Online bids are invited on single stage two bid system for carrying out core drilling work under
project titled General exploration for copper and associated metals in Dariba North Block,Sikar
district,rajasthan , for 3208m drilling, consisting of 11 nos. of second level boreholes of approximate
200m (15%) depth and 02 nos. borehole of 500m(20%) depth. The invitation to tender is subject to
fulfillment of instructions and conditions as per schedules below:
1. Chapter 1: Instruction/Information to Bidders
2. Chapter 2: Contract terms & conditions.
3. Chapter 3 Specification & scope of work.
4. Chapter 4: Bid evaluation criteria (annexure I, II, III & IV)
5. Chapter 5: Technical Bid Format
6. Chapter 6: Price Bid format.
7. Annexure -: V & VII
8. Integrity pact - Annexure- VI
9. Site visit certificate Annexure - VIII
(Please note that site visit is mandatory)
1. Tender documents can be downloaded from CPP Portal site
https://eprocure.gov.in/eprocure/app as per the schedule given in critical date sheet.
2. The tender schedule can also be downloaded from the GSI, website www.gsi.gov.in
3. For any corrigendum/addendum please be in touch with our portal.
CRITICAL DATE SHEET
Published Date 19.09.2017
Bid Document Download/Sale Start Date 19.09.2017
Clarification Start Date 19.09.2017
Pre-bid conference date 29.09.2017
Clarification End Date 06.10.2017
Preferable Site Visit Date 22.09.17 to 03.10.17
Bid Submission Start Date 22.09.2017
Bid Document Download/Submission end date. 09.10.2017
Bid Opening Date 10.10.2017
Yours faithfully,
1
GOVERNMENT OF INDIA
GEOLOGICAL SURVEY OF INDIA
WESTERN REGION
15-16, JHALANA DOONGRI,
JAIPUR 302004
INVITATION TO TENDER
(OPEN/ LIMITED TENDER)
Yours faithfully
2
CHAPTER 1
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11. MODIFICATIONS TO BIDS:
11.1 It is indicated to the bidders to be confirmed about submission of their bids as no modifications
are possible for e-tendering process after the closing due date and time of the tender.
11.2 The Tender is to be submitted under TWO BID_ system.Viz. Two separate covers as per
e- tendering process. One should contain Techno Commercial bid in .pdf format (except
price) and other should contain commercial bid in .xls format as per BOQ.
11.3 Technical Bid must contain
(a) Documents to establish technical, financial and Infrastructural capability of the bidder
(b) Scanned copy of EMD, and scanned copy of DD towards tender cost.
(c) Un- priced offered job details, credentials etc. The Price/ Commercial bid must
contain offered price per meter including taxes.
(d) Signed and scanned copy of valid registration certificate, experience certificate.
(e) Signed and scanned copy of previous three-year income tax/ VAT tax return
and latest vat clearance certificate
(f) Mandatory site visit confirmation certificate duly signed by the representative of
the GSI as per Annexure-VIII. Bids of the contractors, who have not visited the site,
will be rejected outright and no correspondence will be entertained
11.4 The Technical bid should be accompanied by the scanned copies of the following:
(a) Write up on description and facilities of the bidder firm for the offered job,
(b) Instruments/ equipments / machineries (including Details of rigs possessed as per
the table in Annexure-I) possessed by the biding firm for the offered job,
(c) Experience details for the last 5 years in reputed organization, in the format given in
Annexure-II. Copies of (i)Work order (ii) Satisfactory completion certificate indicating no of
rigs deployed, Scheduled date of start and completion and actual date of completion and
gross value of job completed issued by the Client for whom the work was carried out should
be attached.
(d) Solvency certificate
(e) Audited Balance sheet showing annual Turn Over
(f) Any additional information in support of merit of the bidder firm
(g) An undertaking as per the format given in Annexure V
(h) Bidder should sign and submit the PRE CONTRACT INTEGRITY PACT along with
the technical bid without signing of integrity pact, the bid will be summarily rejected, format
given in the annexure VI.
11.5 The right to ignore any offer which fails to comply with the above instructions is reserved.
11.6 In any unforeseen circumstances, the tender will be opened on the next working day.
11.7 GSI, WR reserves the right to cancel the tender/entire tender process without assigning any
reason.
11.8 UNSOLICITED POST TENDER MODIFICATION:
In case certain clarifications are sought by GSI after opening of Tenders, then the reply of the
bidder should be restricted to the clarifications sought. Any bidder who modifies his bid
(including a modification which has the effect of altering the value of his offer) after the
closing date without specific reference made by GSI shall render the bid liable to be ignored
and rejected without notice and without further reference to the bidder.
12. CLARIFICATION IN RESPECT OF INCOMPLETE OFFER:
The GSI WR has to finalize the award of contract within a limited time schedule. Therefore, it
may not be feasible in all cases for GSI WR to seek clarifications in respect of incomplete
offers. A prospective bidder is advised to ensure that their bids are complete in all respects
and conforms to the terms & conditions. Bids not complying with the requirements may be
rejected without seeking any clarifications. Conditional Bids indicating exceptions/deviations
to the Tender enquiry clauses will be summarily rejected.
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13. PRE-BID CONFERENCE
A. There will be a Pre-Bid Conference between buyer and the seller before opening of the
Technical Bid.
B. Tender documents must be downloaded before Pre-bid conference.
C. The Bidders designated representatives may attend the Pre-Bid Conference, before submission
of their Bid, at their own cost, which will be held at the following venue and time: -
Venue: Geological Survey of India, WR, Aravali Hall, 15-16, Jhalana Doongri, Jaipur.
D. The purpose of the meetings is to clarify issues and to answer questions on any matter that may be
raised at that stage. The Bidder is requested, to submit any questions for clarifying issues and
clearing doubts, if any, about the terms & conditions, specifications/ scope of work and other allied
technical details of the equipment and machinery projected in the bidding document.
E. They may send their queries through Central Public procurement Portal i.e. http://eprocure.gov.in
or in writing to this office before the Pre-Bid Conference.
F. The buyer (GSI) will decide for issuing necessary Amendment/ Addendum to the Tender
Document clauses or Specification as outcome of the deliberation of Pre-Bid Conference.
G. It may not be practicable at the Pre-Bid Conference to answer questions received late.
H. Non-attendance at the Pre-Bid Conference will not be a cause for disqualification of a Bidder.
But, no individual query will be entertained after the Pre-bid conference is over and necessary
Amendment/ Addendum is issued as outcome of the Pre-Bid Conference.
I. Maximum of 2 authorized/ accredited (by the bidder) persons from each bidder would be allowed to
attend the conference
14 Site Visit:
Site visit is mandatory: Before submitting the bids, the contractors should visit the area to
understand the topography and to ascertain the logistic supports and facilities available or to
be generated for carrying out drilling operations. Bids of the contractors, who have not
visited the site, will be rejected outright and no correspondence will be entertained. The
bidders should obtain a certificate from the representative of the Addl. Director General, GSI,
WR, Jaipur and enclose it along with the technical bid.
Dates for site visit: A representative of the department will be available in the area from
22.09.2017 to 3.10.2017. Bidders are advised to plan the site visit preferably on these
dates.
Contact Person(s): The bidders may contact the following officer(s) of GSI, WR for
any Clarifications and for visiting the proposed drilling area.
Dr Sukesh Jakhar, Geologist Project BM-II, GSI WR, SU Rajasthan,
Mobile no. 09470586950 & E-mail ID- sukeshjakhar@gmail.com Or
Shri P K Jena, Director, Project BM-II, GSI WR, SU Rajasthan, Mobile no.
09414008594 & E-mail ID- p.jena@gsi.gov.in
Or
The bidders can also contact to the Director & OIC, AP&M Division, GSI, WR, Jaipur
302004, Phone No. 09414049931, 0141-5152340, Email: apmgsiwr@gmail.com,
Fax no. 0141-2711528.
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CHAPTER - 2
GENERAL:
Joint Venture: Two or more companies/contractors may enter into a joint partnership and the lead
contractor may submit the bid(s). In that case copy of legal agreement of forming a consortium is to
be provided along with Tender (Technical Bid).
A. MINIMUM ELIGIBILITY CRITERIA FOR EACH VENDOR:
[I] TECHNICAL:
(a) Minimum of 4 core drilling rigs of required capacity (3drilling rigs capable of
drilling upto 250 m and one drilling rig should be capable of drilling upto 500m all
in HQ/NWT size) is necessary as mentioned in the NIT to be eligible for
consideration. The party also must possess spare rigs to meet out the exigency. It is
mandatory for the bid participating firms to submit copies of the vouchers and
documents in proof of purchase of the drill machines. In absence of necessary
supporting documents regarding availability of drill machines with the firms, the bid
will not be considered. The firm should provide the list of the machine to be deployed
are ready to deploy in the parts, its purchase of year
(b) Experience in core drilling for mineral/exploration. Experience of successful
Completion of work of similar drilling operations (minimum 200-500meter depth)
during the last 5 years in reputed organizations. Documents to substantiating the
claim should be provided with tender.
(c) The firm should also provide the list of those machines which are likely to be
deployed for the project and their present status like:- Ready to deploy, Deployed
and likely to be free from the present deployment, its purchase of year ( copy of
invoice/delivery as a proof of purchase from the manufacturer is required) The
machines should not be in any case more than 8 years old.
(d) No reconditioned machine shall be considered for evaluation.
(e) The vendor has to submit work plan for achieving the assigned work.
(f) Geophysical bore hole logging is generally to be completed within four days of
closure of bore hole. However in case of mise-a-la-masse survey also the geophysical
logging will be normally completed within seven days of closure of bore hole.
[II] FINANCIAL:
(a) Adequate solvency to take up the offered project.
Most current Solvency certificate from Financial Institute of repute/ Charter
accountant/ Chamber of Commerce/ Commercials Bank is to be provided with
Technical Bid of the Tender.
(b) Average annual financial turnover in the last three financial years should be at least
similar to the project cost. Annual financial turnover in the last three financial years
should be provided with Tender with substantiate documents.
[III] PERSONNEL STRENGTH
(a) The bidders should furnish the complete profile of employee deployment, in the firm
clearly sighting their date of employment, experience, qualification, competency of
work etc. while submitting the TECHNICAL BID.
B. TERMINATION OF CONTRACT:
If the service of contractor / Bidder Company, after awarding contract, at any stage is found
unwilling or unsatisfactory, GSI may terminate the contract without assigning any reason
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compensation and notice to the contractor. The performance security deposit will be forfeited,
in that case.
C. PAYMENT TERMS:
Payment will be made after satisfactory completion of each bore hole of Drilling operation in
project. The Payment term is negotiable before awarding contract. But in any case
advance payment will not be allowed.
All statutory Tax rules/Service tax including TDS towards Income Tax in case of services, as
per Govt. rules, will be applicable
F. ENTRUSTING OF JOB
GSI will enter into the contract or issue Work Order for the Drilling work as required to them
to the finally selected vendor in respect of any numbers (any volume) of Bore holes at a time
in one order. The work can be undertaken simultaneously or one after another as per need
basis with mutual consent. Payment will be made in a negotiated term but in any case not in
advance.
G. ARBITRATION
In case of any dispute arises in executing the contract (after issue of job order/ contract) on
either side, the Additional /Addl. Director General, Geological Survey of India, or his
nominated officer will stand as the arbitrator to address the dispute.
H. QUOTED RATE
The quoted/ offered rate will be firm and final for the entire project period and the order will
be issued based on the quoted rates. No escalation of the ordered rate or the quoted rate will
be allowed during one project or execution of one work. Changes in statutory taxes shall be
acceptable.
I. CONTRACT AGREEMENT:
The Contractor shall, enter into and execute a Contract Agreement, to be prepared and
completed at the cost of the Contractor, within 15 days from the date of acceptance of work
order.
8
CHAPTER 3
b) Location: Between latitudes & longitude non forest area in Sikar district
Latitudes Longitude
27 43 45 N 75 54 48 E
A.
27 43 35 N 75 55 20 E
B.
27 42 45 N 75 55 20 E
C.
27 41 46 N 75 55 20 E
D.
27 41 00 N 75 54 41 E
E.
27 41 00 N 75 53 51 E
F.
27 41 28 N 75 53 52 E
G.
c) Total Drilling: 3208 meters , consisting of 11 nos. of second level boreholes of approximate
200m (15%) depth and 02 nos. borehole of 500m(20%) depth
d) Minimum Core Size required: 56mm and Borehole size 76mm.
e) Angle of the borehole: Inclined
f) Core Recovery: - 100% is required in mineralized zone and 90 % or more is required in non-
mineralized rock formations.
g) Maximum Deviation & Drift-1-2 is permissible
k) The compensation to the land owners for the drill site and making of approach road/track
should be directly negotiated and paid by the contactor.
l) The contractor should be adequately equipped with regard to all drilling inventory such as
casing, rods, bits etc. of appropriate requirement.
m) A minimum rate of progress of 1000m per month, by 4 nos. machine should be ensured.
n) On acceptance of the contract, GSI will give a certified plan indicating borehole locations. The
HOD or his representative however, reserves the right to modify the drilling plan during the
course of drilling operation based on the results of drilling but confining the drilling within the
area specified. The changes in the location and depth of the boreholes will, however be notified to
the drilling agency well in advance in order to avoid delay in preparation of the borehole sites and
to provide sufficient time for shifting of the rigs and other materials.
p) Drilling shall normally conform to the above standards. However, considering the litho logy,
structure of the rock and in-hole conditions, core diameter. the standards on core recovery,
deviation and drift may be assessed as per site conditions and relaxed by the HOD after ensuring
that the bore hole has served the purpose. Accordingly, payment will be made. The decision of the
HOD, GSI in the matter will be final.
q) The contractor/drilling agency should make efforts and exercise due caution during the course of
drilling so as to obtain minimum more than % core recovery and 100% in the mineralized zones.
On completion of every run, the core should be placed in the core boxes properly marked as per
the guidelines provided by the Area Geologist, GSI. The GI core boxes containing drill core is to
be shifted to the nearest geologist site (camp). Empty core boxes to be arranged by the contractor
as per the requirement. The contractor /drilling agency shall be responsible for upkeep and safety
of core boxes till closure of the concerned borehole and the core boxes are to be handed over to
the area geologist.
r) No borehole should be closed until geophysical logging is completed. Geophysical party will
normally commence BH Logging within 4-7 days of completion of a single borehole.
Accordingly, the borehole should be kept ready and prepared for hassle free GP Logging of the
complete borehole. The Geophysical logging of the boreholes should be done only during the day
time. Approval of the RMH/Project Director should be taken before closure of the borehole.
Every effort will be made by the Area Geologist to have the core logging completed within 4 days
after the completion of the borehole.
The borehole opening should be closed be covered by a concrete pillar with the borehole
number engraved on it before removing the Rig from the borehole point.in case it is not
possible to construct the concrete pillar due to the objections from the land owner(s), the
borehole mouth should be properly sealed.
t) In case where considerable collapse is noticed and it is difficult to keep the borehole clear for the
purpose of geophysical logging, casing of the borehole would become necessary. In case drilling
engineer fail to close the borehole, resulting in non-completion of geophysical logging, 10% of
the particular borehole amount (i.e. 10% of the total cost of one borehole) will be deducted from
the bill.
10
u) The location map of the boreholes, specification of drilling, drawing will be provided by the Area
Geologist of GSI. Any alteration, omissions, additions to or substitutions for the original
specifications, drawings, designs, borehole, location map and instructions, that may appear to GSI
to be necessary during the progress of the work and the contractor shall carry out the work in
accordance with any instructions which may be given to him.
w) MATERIALS / STORES/ ACCESSORIES including Capital, retail, consumable
nature OR PERSONNEL required for the contracted drilling operation will be
arranged and used by the Contractor at their cost, risk and responsibility. GSI will
be free from providing man and materials and ipso facto to provide amenities or
welfare or any kind of liabilities to the personnel to be deployed by the contractor.
x) Observing of necessary safety measure during the operation and the whole project will be
the responsibility of the contractor at their own cost.
y) Movement of man and materials from one location to other location will be the
responsibility of the contractor at his own cost and risk. GSI will not provide any logistic
for that purpose.
z) Standard Force Majeure clause will be applied.
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CHAPTER 4
1. One company/ Contractor/ bidder will be selected for the Job of Drilling Operation.
2. Companies will be selected on the basis of (a) capacity and capability of their organization in
the context of the tendered work (b) equipment machineries possessed by the Company (c)
man power available in the Company (e) past experience for similar job (e) financial
prudency of the company AND (f) lower price quoted - while lower price will be determined
at large and as package for a probable Drilling job.
Annexure-I
DETAIL OF THE RIGS POSSESSED
Sl Sl No of Make Drilling Drilling Type of Type of Year of Present
No the drill & Capacity Capacity mechanism application purchase condtion
Model in mts in size (mechanical/ (core) (bill of
hydrostatic) purchase
should be
enclosed
by the
bidder)
12
Annexure-III
DETAILS OF EXPERIENCE
COMPLETED JOBS DURING LAST FIVE YEARS
1 2 3 4 5 6 7 8
Sl. No Name & Brief Work Drilling Completion Value Of Start
address Description Order Quantity Time Work Date
of the Of Work No Awarded
client Awarded and date
9 10 11 12 13 14 15 16
End No. Of No. Of Depth Quantum Value Of End No. Of
Date Rigs Bore Range Of of Executed Date Rigs
Deployed Hole The Bore Drilling Work Deployed
Drilled Holes Work
Drilled Executed
ANNEXURE-IV
(B) WORKS IN HAND
1 2 3 4 5 6 7 8
Sl. No Name & Brief Work Drilling Completion Value Of Depth
address of Description Order No Quantity Time Work range
the client Of Work and date Awarded
Awarded
9 10 11 12 13 14
Start No. Of No. Of Quantum Value Of Expected Date of completion
Date Rigs Bore of Executed
Deployed Hole Drilling Work
Drilled Work
Executed
13
CHAPTER 5
TECHNICAL BID
Note : Every page submitted along with bid sign by the authorized person.
Note: (Whether the firm is joint stock Co., HUF, individual, Partnership firm attested copies of
Deeds,
Articles of Association to be enclosed)
Details of Machinery deployed for the works executed by the bidder:
Make & size
Number Drilling Machines
Location
Pump
Accessories
Electro logger
Particulars of skilled manpower deployed
on Geologist (If )
Surveyor Drilling
Engineer
Drill Operators
14
CHAPTER 6
PRICE BID
Bidding for: 3208Mtr. consisting of 11 nos. of second level boreholes of approximate 200m (15%)
depth and 02 nos. borehole of 500m(20%) depth drilling of GSI (at below area).
(With seal )
15
Annexure-V
2 None of the Partners of our firm is relative of employee of Geological Survey of India
3 All information furnished by us in respect of fulfillment of eligibility criteria and
Qualification information of this Tender is complete, correct and true
4 All documents/credentials submitted along with this Tender are genuine, authentic, true
and valid.
5 If any information and document submitted is found to be false/incorrect at any time,
GSI may cancel our Bid and action as deemed fit may be taken against us, including
termination of the contract, forfeiture of all dues including Earnest Money Deposit and
banning/de listing of our firm and all partners of our firm etc.
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Annexure VI
FORMAT FOR INTEGRITY PACT
General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on ------------
--- day of the month of ---------------------(year), between, on one hand, the President of India
acting through Shri (Designation of the Officer), Geological Survey of India, an
Attached Office of the Ministry of Mines, Govt. of India (hereinafter called the BUYER, which
expression shall mean and include, unless the context otherwise requires, his successors in office
and assigns) of the First Part and M/s----------------------------- represented by Shri ------------------
-, Chief Executive Officer (hereinafter called the BIDDER / SELLER, which expression shall
mean and include, unless the context otherwise requires, his successors and permitted assigns) of
the Second Part;
NOW THEREFORE, to avoid all forms of corruption by following a system that is fair,
transparent and free from any influence/prejudiced dealings prior to, during and subsequent to
the currency of the contract to be entered into with a view to :-
Enabling the BUYER to obtain the desired said stores/equipment at a competitive price
inconformity with the defined specifications by avoiding the high cost and the distortionary
impact of corruption on public procurement, and Enabling BIDDERS to abstain from bribing or
indulging in any corrupt practice in order to secure the contract by providing assurance to them
that their competitors will also abstain from bribing and other corrupt practices and the BUYER
will commit to prevent corruption, in any form, by its officials by following transparent
procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
Commitments of the BUYER
1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly
with the Contract, will demand, take a promise for or accept, directly or through intermediaries,
any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any
other advantage from the BIDDER, either for themselves or for any person, organization or third
party related to the contract in exchange for an advantage in the bidding process, bid evaluation,
contracting or implementation process related to the contract.
1.2 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
17
BIDDER
which could afford an advantage to that particular BIDDER in comparison to other BIDDERS.
1.3 All the officials of the BUYER will report to the appropriate Government office any
attempted or completed breaches of the above commitments as well as any substantial suspicion
of such a breach.
2. In case any such preceding misconduct on the part of such official(s) is reported by the
BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be
correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit,
including criminal proceedings may be initiated by the BUYER and such a person shall be
debarred from further dealings related to the contract process. In such a case while an enquiry is
being conducted by the BUYER the proceedings under the contract would not be stalled.
3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activates during any stage of its bid or during any pre-contract or post contract
stage in order to secure the contract or in furtherance to secure it and in particular commit itself
to the following:-
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any materials or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the BUYER, connected directly or
indirectly with the bidding process, or to any person, organization or third party related to the
contract in exchange for any advantage in the bidding, evaluation, contracting and
implementation of the Contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or
Indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or
other advantage, commission fees, brokerage or inducement to any official of the BUYER or
otherwise in procuring the Contract or forbearing to do or having done any act in relation to the
obtaining or execution of the contract or any other contract with the Government for showing or
forbearing to show favour or disfavor to any person in relation to the contract or any other
contract with the Government.
3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian
BIDDERS
shall disclose their foreign principals or associates.
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3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other
3.5* The BIDDER further confirms and declares to the BUYER that the BIDDER is the original
Manufacturer/integrator/authorized government sponsored export entity of the defense stores and
has not engaged any individual or firm or company whether Indian or foreign to intercede,
facilitate or in any way to recommend to the BUYER or any of its functionaries, whether
officially or unofficially to the award of the contract to the BIDDER, nor has any amount been
paid, promised or intended to be paid to any such individual firm or company in respect of any
such intercession, facilitation or recommendation.
3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before
signing the contract, shall disclose any payments he has made, is committed to or intends to
make to officials of the BUYER or their family members, agents, brokers or any other
intermediaries in connection with the contract and the details of services agreed upon for such
payments.
3.7 The BIDDER will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting and
implementation of the contract.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass
on to others, any information provided by the BUYER as part of the business relationship,
regarding plans, technical proposals and business details, including information contained in any
electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any
such information is divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the
actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDERS, either directly or indirectly, is a relative of any of the officers of the BUYER, or
alternatively if any relative of an officer of the BUYER has financial interest/stake in the
BIDDERs 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.
3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the BUYER.
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4. Previous Transgression
4.1 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 envisaged hereunder or with any Public Sector Enterprise in
India or any Government Department in India that would justify BIDDERs exclusion from the
tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER
can be disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason.
5.1 While submitting commercial bid, the BIDDER shall deposit an amount ---------- (to be
specified in RFP) as Earnest Money / Security Deposit, with the BUYER through any of the
following instruments: (i) Bank Draft or a Pay Order in favour of .................
(ii) A confirmed guarantee by an Indian Nationalized Bank, promising payment of the
guaranteed sum to the BUYER on demand within three working days without any demur
whatsoever and without seeking any reasons whatsoever. The demand for payment by the
BUYER shall be treated as conclusive proof of payment.
(iii) Any other mode or through any other instrument (to be specified in the RFP).
5.2 The Earnest Money/Security Deposit shall be valid upto a period of five years or the
complete conclusion of the contractual obligations to the complete satisfaction of both the
BIDDER and the BUYER, including warranty period, whichever is later.
5.3 In case of the successful BIDDER a clause would also be incorporated in the Article
pertaining to Performance 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.
5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest Money/Security
Deposit for the period of its currency.
6. Sanctions for Violations
6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting
on its behalf (Whether with or without the knowledge of the BIDDER) shall entitle the BUYER
to take all or any one of the following actions, wherever required:-
(i) To immediately call off the pre contract negotiations without assigning any reason or giving
any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would
continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance
Bond (after the contract is signed) shall stand forfeited either fully or partially, as decided by the
BUYER and the BUYER shall not be required to assign any reason therefore.
(iii) To immediately cancel the contract, if already signed, without given any compensation to
the BIDDER.
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(iv) To recover all sums already paid by the BUYER, 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 is due to the BIDDER from the BUYER in
connection with any other contract for any other stores, such outstanding payment could also be
utilized to recover the aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond, if furnished by
the BIDDER, in order to recover the payments, already made by the BUYER, 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 the BUYER resulting from such cancellation/
rescission and the BUYER 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 minimum period of five years, which may be further extended at the discretion of the
BUYER.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or
agent or broker with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract
signed by the BUYER with the BIDDER, the same shall not be opened.
(x) 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.
6.2 The BUYER will be entitled to take all or any of 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 offence 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.
6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been
committed by the BIDDER shall be final and conclusive on the BIDDER. However, the
BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pact.
7. Fall Clause
7.1 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 Government of India or PSU and if it is found at any stage that
similar product/systems or sub systems was supplied by the BIDDER to any other Ministry
/Department of the Government of India or a PSU at a lower price, then that very price, with due
allowance for elapsed time, will be applicable to the present case and the difference in the cost
would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.
8. Independent Monitors
8.1 The BUYER has appointed an Independent Monitor (hereinafter referred to as Monitor) for
this Pact in consultation with the Central Vigilance Commission. The name & address of the
Monitor is as follows:-
Dr .Manabendra Nath Roy,IAS(Retd.)
Ex-Addl. Chief Secy. & Head of Administrative Training Institute (WB)
Flat -5, Plot KB-2, Sector III,
Salt Lake, Kolkata-700098.
8.2 The task of the Monitors shall be to review independently and objectively, whether and to
what extent the parties comply with the obligations under this Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of parties and
perform their functions neutrally and independently.
8.4 Both the parties accept that the Monitors have the right to access all the document relating to
the project/procurement, including minutes of meetings.
8.5 As soon as the Monitors notices, or has reasons to believe, a violation of the Pact, he will so
inform the Authority designated by the BUYER.
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8.6 The BIDDER(s) accept that the Monitor has the right to access without restriction to all
Project documentation of the BUYER including that provided by the BIDDER. The BIDDER
will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted
and unconditional access to his project documentation. The same is applicable to Subcontractors.
The Monitor shall be under contractual obligation to treat the information and documents of the
BIDDER/Subcontractor(s) with confidentiality.
8.7 The BUYER will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the parties. The parties will offer to the Monitor the option to participate in
such meetings.
8.8 The Monitor will submit a written report to the Director General, Geological Survey of
India, within 8 to 10 weeks from the date of reference or intimation to him by the
BUYER/BIDDER and, should the occasion arise, submit proposals for correcting problematic
situations.
9. Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of commission,
the BUYER or its agencies shall be entitled to examine all the documents including the Books of
Accounts of the BIDDER and the BIDDER shall provide necessary information and documents
in English and shall extend all possible held 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 the
BUYER.
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
12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years
or the complete execution of the contract to the satisfaction of both the BUYER and the
BIDDER/Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful,
this Integrity Pact shall expire after six months from the date of the signing of the contract.
12.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this
Pact shall remain valid. In this case, the parties will strive to come to an agreement to their
original intentions.
13. No official of a procuring entity or a bidder shall act in contravention of the codes which is
described under Rule 175 (1) of GFR 2017.
14. The parties hereby sign this Integrity Pact at .......................on ........................
BUYER BIDDER
Witness Witness :
1
1.________________
2.________________ 2._____
*Provisions of these clauses would need to be amended / deleted in line with the policy of the
BUYER in regard to involvement of Indian agents of foreign supplier.
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Annexure-VII
WE undertake to pay the Purchaser up to the above amount upon receipt of its first written demand,
without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser
will note that the amount claimed by it is due to it owing to the occurrence of one or both the two
conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including 45 days after the period of tender validity
and any demand in respect thereof should reach the Bank not later than the above date.
(Bankers Signature)
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ANNEXURE-VIII
The proposed borehole locations have been physically shown and the site conditions, drilling
requirements and specifications have been explained to the firms representative.
Signed By
NOTE : This certificate should be attached with the Technical Bid by the firms