Commitments of Bidders. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his 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 commits himself to the following: - 4.1 The Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, 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. 4.2 The Bidder further undertakes that he has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 favor or disfavor to any person in relation to the Contract or any other contract with the Government. 4.3 The Bidder will not collude with other parties interested in the contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract. 4.4 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 Employer of their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
Appears in 6 contracts
Samples: Integrity Pact, Integrity Pact, Integrity Pact
Commitments of Bidders. The Bidder bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and an illegal activities activities, during any stage of his bid or during any pre-contract or post-post contract stage stage, in order to secure the contract or in furtherance to secure it and in particular commits himself to the followingfollowing : -
4.1 The Bidder will not offer, directly or through intermediaries, any bribe, gift, gift consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or of inducement to any official of the Employer, 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.
4.2 The Bidder further undertakes undertake that he has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material or on immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing for being 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 for bearing to show favor favour or disfavor to any person in relation to the Contract or any other contract with the Government.
4.3 The Bidder will not collude with other parties interested in the contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, evaluation contracting and implementation of the contract.
4.4 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 Employer of their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
Appears in 5 contracts
Samples: Integrity Pact, Integrity Pact, Integrity Pact
Commitments of Bidders. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his bid or during any pre-contract or post-post contract stage in order to secure the contract or in furtherance to secure it and in particular commits himself to the following: -following:-
4.1 The Bidder will not offer, directly or through intermediaries, any bribe, gift, gift consideration, reward, favor, any material or immaterial non-material benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, 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 Contractcontract.
4.2 The Bidder further undertakes that he has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material or immaterial non- material benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 favor or disfavor to any person in relation to the Contract or any other contract with the Government.
4.3 The Bidder will not collude with other parties interested in the contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
4.4 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 Employer of their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
Appears in 3 contracts
Samples: Integrity Pact, Integrity Pact, Integrity Pact
Commitments of Bidders. The Bidder BIDDER commits himself itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his 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 commits himself commit itself to the following: -following:-
4.1 3.1 The Bidder BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerPRINCIPAL, 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 Contractcontract.
4.2 3.2 The Bidder BIDDER further undertakes that he it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer PRINCIPAL 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 contract of any other contract with the Government government for showing or forbearing to show favor favour or disfavor to any person in relation to the Contract or contract of any other contract with the Government.
4.3 3.3 BIDDERs of foreign origin shall disclose the name and address of their Indian agents and representatives, if any and Indian BIDDERs shall disclose their foreign principals or associates, if any, in the bid.
3.4 BIDDERs shall disclose the payments to be made by them to their Indian agents/brokers or any other intermediary, in connection with this bid/contract in the bid and the payments have to be in Indian Rupees only.
3.5 The Bidder will BIDDER further confirms and declares to the PRINCIPAL that the BIDDER is the original manufacturer/ integrator/authorized agent of the stores/equipment/items and has not collude with other parties interested engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the PRINCIPAL or any of its functionaries, whether officially or unofficially to the award of the contract to preclude the competitive bid priceBIDDER, impair the transparencynor has any amount been paid, fairness and progress promised or intended to be paid to any such individual, firm or company in respect of the bidding processany such intercession, bid evaluation, contracting and implementation of the contractfacilitation or recommendation.
4.4 3.6 The BidderBIDDER, 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 Employer of PRINCIPAL 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, pass on to others, any information provided by the PRINCIPAL 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 BIDDER, either directly or indirectly, is a relative of any of the officers of the PRINCIPAL, or alternatively, if any relative of an officer of the PRINCIPAL has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender.
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 or the PRINCIPAL.
Appears in 3 contracts
Samples: Integrity Pact, Integrity Pact, Integrity Pact
Commitments of Bidders. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his bid or during any pre-contract or post-post- contract stage in order to secure the contract or in furtherance to secure it and in particular commits himself to the following: following :-
4.1 4.1. The Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, 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.
4.2 4.2. The Bidder further undertakes that he has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 favor or disfavor to any person in relation to the Contract or any other contract with the Government.
4.3 4.3. The Bidder will not collude with other parties interested in the contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
4.4 4.4. 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 Employer of their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
Appears in 2 contracts
Samples: Integrity Pact, Integrity Pact
Commitments of Bidders. The Bidder BIDDER commits himself itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his 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 commits himself commit itself to the following: -following:-
4.1 3.1 The Bidder BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerBUYER, 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 Contractcontract.
4.2 3.2 The Bidder BIDDER further undertakes that he it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 contract of any other contract with the Government government for showing or forbearing to show favor favour or disfavor disfavour to any person in relation to the Contract or contract of any other contract with the Government.
4.3 3.3 Foreign BIDDERs shall disclose the name and address of their Indian agents and representatives in India, and Indian BIDDERs shall disclose their foreign BUYERs or associates.
3.4 BIDDERs shall disclose the payments to be made by them to their agents/brokers or any other intermediary, in connection with this bid/contract.
3.5 The Bidder will BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufacturer/ integrator/authorized agent of the stores/equipment/items and has not collude with other parties interested 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 preclude the competitive bid priceBIDDER, impair the transparencynor has any amount been paid, fairness and progress promised or intended to be paid to any such individual, firm or company in respect of the bidding processany such intercession, bid evaluation, contracting and implementation of the contractfacilitation or recommendation.
4.4 3.6 The BidderBIDDER, 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 Employer of their family members, agents, brokers or any other intermediaries intermediaries, including officials of the BUYER or their family members, if any, in connection with the contract and the details of services agreed upon for such payments.
3.7 The Bidder 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 cartelization in the bidding process.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
3.9 The BIDDER/Contractor will not commit any offence under the relevant India Penal Code (IPC) /Prevention of corruption (PC) act. Further, the bidder will not use improperly, for purposes of competition or personal gain, 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 of the key personnel of the bidder, actively involved in the project is a relative of any of the actively involved personnel of the Buyer, the same should be disclosed. The term ‘relative’ for this purpose would be as defined in section 2(77) of the Companies Act, 2013.
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 or the BUYER.
3.14 The Bidder(s) /Contractor(s) who have signed the Integrity Pact shall not approach the Courts while representing the matter to IEMs and shall wait for their decision in the matter.
Appears in 2 contracts
Samples: Pre Contract Integrity Pact, Pre Contract Integrity Pact
Commitments of Bidders. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his 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 commits himself to the following: following :-
4.1 The Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, 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.
4.2 The Bidder further undertakes that he has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 favor or disfavor to any person in relation to the Contract or any other contract with the Government.
4.3 The Bidder will not collude with other parties interested in the contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
4.4 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 Employer of their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
Appears in 2 contracts
Samples: Integrity Pact, Integrity Pact
Commitments of Bidders. The Bidder BIDDER commits himself itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his 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 commits himself commit itself to the following: -following:-
4.1 3.1 The Bidder BIDDER will not offer, directly or through intermediaries, any bribe, ,gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerBUYER, connected directly or indirectly with the bidding process, or to any person, organization organisation or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the Contractcontract.
4.2 3.2 The Bidder BIDDER further undertakes that he it has not given, offered or to promised to give, directly or indirectly any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 contract or any other contract with the Government for showing or forbearing to show favor favour or disfavor disfavour to any person in relation to the Contract contract or any other contract with the Government.
4.3 3.3 The Bidder will not collude with other parties interested in the contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
4.4 The BidderBIDDER, 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 Employer of 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.
3.4 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.
3.5 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
3.6 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.
3.7 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.
3.8 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
3.9 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER's firm, the same 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.
3.10 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.
Appears in 1 contract
Samples: Integrity Pact
Commitments of Bidders. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his bid or during any pre-contract or post-post- contract stage in order to secure the contract Contract or in furtherance to secure it and in particular commits himself to the following: -:
4.1 The Bidder will shall not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantagefavour, commission, fees, brokerage brokerage, any materials or inducement immaterial benefit to any official of the Employer, 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.
4.2 The Bidder further undertakes that he has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favorfavour, commission, fees, brokerage, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 Employer for showing or forbearing to show favor favour or disfavor to any person in relation to the Contract or any other contract with the GovernmentEmployer.
4.3 The Bidder will shall not collude with other parties interested in the contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
4.4 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 Employer of their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
4.5 The Bidder shall not enter into any monetary dealings or transaction, directly, with any tender committee member, and if he does so, the Employer shall be entitled forthwith to rescind the Contract and all other contracts with the Bidder.
Appears in 1 contract
Samples: Integrity Pact
Commitments of Bidders. The Bidder BIDDER commits himself itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his bid its Bid or during any pre-contract Contract or post-contract Contract stage in order to secure the contract or in furtherance to secure it Contract and in particular commits himself commit itself to the following: -following:-
4.1 3.1 The Bidder BIDDER/SELLER will not offer, offer directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, BUYER/ EMPLOYER connected directly or indirectly with the bidding process, Bidding process or to any person, organization organisation or third party related to the contract Contract in exchange for any advantage in the bidding, evaluation, contracting Contracting and implementation of the Contract.
4.2 3.2 The Bidder BIDDER/SELLER further undertakes that he it has not given, offered or promised to give, give directly or indirectly indirectly, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer BUYER/ EMPLOYER 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 Contract with the Government BUYER/ EMPLOYER for showing or forbearing to show favor favour or disfavor disfavour to any person in relation to the Contract or any other contract Contract with the GovernmentBUYER/ EMPLOYER.
4.3 3.3 BIDDERS/SELLERS shall disclose the name and address of agents and representatives and Indian BIDDERS/SELLERS shall disclose their foreign principals or associates.
3.4 BIDDERS/SELLERS shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this Bid/Contract.
3.5 The Bidder will BIDDER/SELLER further confirms and declares to the BUYER/ EMPLOYER that the BIDDER/SELLER has not collude with other parties interested engaged any individual or firm or company whether Indian or foreign, to intercede, facilitate or in any way to recommend to the contract BUYER/EMPLOYER or any of its functionaries, whether officially or unofficially to preclude the competitive bid price, impair the transparency, fairness and progress award of the bidding processContract, bid evaluationthe BIDDER/SELLER, contracting and implementation nor has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of the contractany such intercession, facilitation or recommendation.
4.4 3.6 The BidderBIDDER/SELLER, either while presenting the bid Bid or during pre-contract Contract negotiations or before signing the contractContract, shall disclose any payments he has made, is committed to or intends to make to officials of the Employer of BUYER/ EMPLOYER or their family members, agents, brokers or any other intermediaries in connection with the contract Contract and the details of services agreed upon for such payments.
3.7 The BIDDER/SELLER 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/SELLER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
3.9 The BIDDER/SELLER shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the BUYER/ EMPLOYER as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER/SELLER also undertakes to exercise due and adequate care lest any such information is divulged.
3.10 The BIDDER/SELLER 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/SELLER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
3.12 If the BIDDER/SELLER or any employee of the BIDDER/SELLER or any person acting on behalf of the BIDDER/SELLER, either directly or indirectly, is a relative of any of the officers of the BUYER/ EMPLOYER or alternatively, if any relative of an officer of the BUYER/ EMPLOYER has financial interest/stake in the Bidder/SELLER 's firm, the same shall be disclosed by the BIDDER/SELLER at the time of filing of tender. The term 'relative' for this purpose would be as defined in Section 6 of the Companies Xxx 0000.
3.13 The BIDDER/SELLER 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/ EMPLOYER.
Appears in 1 contract
Samples: Pre Contract Integrity Pact
Commitments of Bidders. The Bidder BIDDER commits himself itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his its bid or during any pre-contract or post-contract post -contract stage in order to secure the contract contract(s) or in furtherance to secure it and in particular commits himself commit itself to the following: following :-
4.1 3.1 The Bidder BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerBUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract contract(s) in exchange for any advantage in the bidding, evaluation, contracting and implementation of the Contractcontract(s).
4.2 3.2 The Bidder BIDDER further undertakes that he it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer BUYER or otherwise in procuring the Contract contract(s) or forbearing to do or having done any act in relation to the obtaining or execution of the Contract contract(s) or any other contract contract(s) with the Government TCIL for showing or forbearing to show favor favour or disfavor disfavour to any person in relation to the Contract contract(s) or any other contract( s) with TCIL.
3.3 Foreign BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs s h a l l disclose their foreign principals or associates.
3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/ contract(s).
3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER 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(s) 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(s) shall disclose any payment 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 Governmentcontract(s) and the details of services agreed upon for such payments.
4.3 3.7 The Bidder BIDDER will not collude with other parties interested in the contract to preclude the competitive bid price, contract(s) t o impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contractcontract(s).
4.4 3.8 The BidderBIDDER w i l l not accept any advantage i n exchange f o r 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 B I D D E R shall not pass any information provided by the BUYER as part of business relationship to others and not to commit any offence under PC/IPC Act.
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 BIDDER, either while presenting the bid directly or during pre-contract negotiations or before signing the contract, shall disclose any payments he has madeindirectly, is committed a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER's firm, the same shall be disclosed by the BIDDER at the time of filing of tender. The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies A c t 1956.
3.13 The BIDDER shall not lend to or intends to make to officials borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the Employer BUYER.
3.14 The BIDDER will not bring any Political, Governmental or Diplomatic influence to gain undue advantage in its dealing with BUYER.
3.15 The BIDDER w i l l promptly i n f o r m the Independent External M o n i t o r (of BUYER) i f he receives demand for a bribe or illegal payment benefit and
(i) If comes to know of any unethical or illegal practice in BUYER.
(ii) If he makes any payment to any BUYER Associate.
3.16 The BIDDER will undertake to demand from all sub-contractors a commitment in conformity with this Integrity Pact incase of further sub- contracting by the bidder. The BIDDER will undertake the responsibility of the adaptation of IP by all their family memberssub contractor(s).
3.17 The Bidder will not enter with other Bidders into any undisclosed agreement or understanding, agentswhether f o r m a l or informal. This applies in particular to prices, brokers specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other intermediaries actions to restrict competitiveness or to introduce cartelisation in connection with the contract and the details of services agreed upon for such paymentsbidding process.
Appears in 1 contract
Samples: Integrity Pact
Commitments of Bidders. The Bidder commits himself BIDDER commit itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his 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 commits himself commit itself to the following: -followings:-
4.1 2.1. The Bidder BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerBUYER, 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 Contractcontract.
4.2 2.2. The Bidder BIDDER further undertakes that he it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 contract or any other contract with the Government for showing or forbearing to show favor favour or disfavor to any person in relation to the Contract contract or any other contract with the Governmentcontract.
4.3 2.3. The Bidder will BIDDER further confirms and declares to the BUYER that the BIDDER has not collude with other parties interested 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 preclude the competitive bid priceBIDDER, impair the transparencynor has any amount been paid, fairness and progress promised or intended to be paid to any such individual, firm or company in respect of the bidding processany such intercession, bid evaluation, contracting and implementation of the contractfacilitation or recommendation.
4.4 2.4. The BidderBIDDER, 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 Employer of 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.
2.5. 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.
2.6. The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
2.7. 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.
2.8. The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.
2.9. The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
2.10. If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of fill of tender. The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Xxx 0000
2.11. 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.
Appears in 1 contract
Samples: Maintenance Contract
Commitments of Bidders. The Bidder BIDDER commits himself itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his 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 commits himself commit itself to the following: following :-
4.1 3.1 The Bidder BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerBUYER, 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 Contractcontract.
4.2 3.2 The Bidder BIDDER further undertakes that he it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favorreward favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to inducementto any official of the Employer BUYER or otherwise in procuring the Contract or forbearing to do todo or having done any act in relation to the obtaining or execution of the Contract contract or any other contract with the Government for showing or forbearing to show favor or favouror disfavor to any person in relation to the Contract contract or any other contract with the Government.
4.3 3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates.
3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract.
3.5 The Bidder will BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufactures / integrator / authorized government sponsored export entity of the stores / supplier and has not collude with other parties interested engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to theBUYER or any of its functionaries, whether officially or unofficially to the award of the contract to preclude the competitive bid priceBIDDER nor has any amount been paid promised or intended to be paid to any such individual, impair the transparency, fairness and progress firm or company in respect of the bidding process, bid evaluation, contracting and implementation of the contractany such intercession,facilitation or recommendation.
4.4 3.6 The BidderBIDDER, 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 committedto or intends to make to officials of the Employer of BUYER or their family members, 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 retrain 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 BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYERor 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 timeof filling of tender. The term relative for this purpose would be as defined in Section6 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.
Appears in 1 contract
Samples: Pre Contract Integrity Pact
Commitments of Bidders. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his bid or during any pre-contract or post-contract stage in order to secure the contract Contract or in furtherance to secure it and in particular commits himself to the following: -:
4.1 The Bidder will shall not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantagefavour, commission, fees, brokerage brokerage, any materials or inducement immaterial benefit to any official of the Employer, 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.
4.2 The Bidder further undertakes that he has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favorfavour, commission, fees, brokerage, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 Employer for showing or forbearing to show favor favour or disfavor to any person in relation to the Contract or any other contract with the GovernmentEmployer.
4.3 The Bidder will shall not collude with other parties interested in the contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
4.4 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 Employer of their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
4.5 The Bidder shall not enter into any monetary dealings or transaction, directly, with any tender committee member, and if he does so, the Employer shall be entitled forthwith to rescind the Contract and all other contracts with the Bidder.
Appears in 1 contract
Samples: Integrity Pact
Commitments of Bidders. 3.1 The Bidder BIDDER commits himself itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his 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 commits himself commit itself to the following: -following:-
4.1 3.2 The Bidder BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerBUYER, 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 Contractcontract.
4.2 3.3 The Bidder BIDDER further undertakes that he it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, favour any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 contract or any other contract with the Government for showing or forbearing to show favor favour or disfavor disfavour to any person in relation to the Contract contract or any other contract with the Government.
4.3 3.4 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates.
3.5 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract.
3.6 The Bidder will BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufacturer/integrator/authorized government sponsored export entity of the defence stores and has not collude with other parties interested 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 preclude the competitive bid priceBIDDER, impair the transparencynor has any amount been paid, fairness and progress promised or intended to be paid to any such individual, firm or company in respect of the bidding processany such intercession, bid evaluation, contracting and implementation of the contractfacilitation or recommendation.
4.4 3.7 The BidderBIDDER, 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 Employer of 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.
3.8 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.
3.9 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
3.10 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.
3.11 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.
3.12 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
3.13 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender. The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Act 1956.
3.14 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.
Appears in 1 contract
Samples: Integrity Pact
Commitments of Bidders. The Bidder BIDDER commits himself itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his its bid or during any pre-contract or post-contract post -contract stage in order to secure the contract contract(s) or in furtherance to secure it and in particular commits himself commit itself to the following: following :-
4.1 i. The Bidder BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerBUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract contract(s) in exchange for any advantage in the bidding, evaluation, contracting and implementation of the Contractcontract(s).
4.2 ii. The Bidder BIDDER further undertakes that he it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer BUYER or otherwise in procuring the Contract contract(s) or forbearing to do or having done any act in relation to the obtaining or execution of the Contract contract(s) or any other contract contract(s) with the Government TCIL for showing or forbearing to show favor favour or disfavor disfavour to any person in relation to the Contract contract(s) or any other contract( s) with TCIL.
iii. Foreign BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs s h a l l disclose their foreign principals or associates.
iv. BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/ contract(s).
v. The BIDDER further confirms and declares to the BUYER that the BIDDER 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(s) 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.
vi. The BIDDER, either while presenting the bid or during pre- contract negotiations or before signing the contract(s) shall disclose any payment 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 Governmentcontract(s) and the details of services agreed upon for such payments.
4.3 vii. The Bidder BIDDER will not collude with other parties interested in the contract to preclude the competitive bid price, contract(s) t o impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contractcontract(s).
4.4 viii. The BidderBIDDER w i l l not accept any advantage i n exchange f o r any corrupt practice, unfair means and illegal activities.
ix. 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 B I D D E R shall not pass any information provided by the BUYER as part of business relationship to others and not to commit any offence under PC/IPC Act.
x. The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.
xi. The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
xii. If the Bidder or any employee of the BIDDER or any person acting on behalf of the BIDDER, either while presenting the bid directly or during pre-contract negotiations or before signing the contract, shall disclose any payments he has madeindirectly, is committed a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER's firm, the same shall be disclosed by the BIDDER at the time of filing of tender. The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies A c t 1956.
xiii. The BIDDER shall not lend to or intends to make to officials borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the Employer BUYER.
xiv. The BIDDER will not bring any Political, Governmental or Diplomatic influence to gain undue advantage in its dealing with BUYER.
xv. The BIDDER w i l l promptly i n f o r m the Independent External M o n i t o r (of BUYER) i f he receives demand for a bribe or illegal payment benefit and
(i) If comes to know of any unethical or illegal practice in BUYER.
(ii) If he makes any payment to any BUYER Associate.
xvi. The BIDDER will undertake to demand from all sub-contractors a commitment in conformity with this Integrity Pact incase of further sub- contracting by the bidder. The BIDDER will undertake the responsibility of the adaptation of IP by all their family memberssub contractor(s).
xvii. The Bidder will not enter with other Bidders into any undisclosed agreement or understanding, agentswhether f o r m a l or informal. This applies in particular to prices, brokers specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other intermediaries actions to restrict competitiveness or to introduce cartelization in connection with the contract and the details of services agreed upon for such paymentsbidding process.
Appears in 1 contract
Samples: Integrity Pact
Commitments of Bidders. The Bidder BIDDER commits himself itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his its bid or during any pre-contract Contract or post-contract Contract stage in order to secure the contract or in furtherance to secure it Contract and in particular commits himself commit itself to the following: -following:-
4.1 3.1 The Bidder BIDDER/SELLER will not offer, offer directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, BUYER/ EMPLOYER connected directly or indirectly with the bidding process, process or to any person, organization organisation or third party related to the contract Contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the Contract.
4.2 3.2 The Bidder BIDDER/SELLER further undertakes that he it has not given, offered or promised to give, give directly or indirectly indirectly, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer BUYER/ EMPLOYER 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 BUYER/ EMPLOYER for showing or forbearing to show favor favour or disfavor disfavour to any person in relation to the Contract or any other contract with the GovernmentBUYER/ EMPLOYER.
4.3 3.3 BIDDERS/SELLERS shall disclose the name and address of agents and representatives and Indian BIDDERS/SELLERS shall disclose their foreign principals or associates.
3.4 BIDDERS/SELLERS shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this Bid/Contract.
3.5 The Bidder BIDDER/SELLER further confirms and declares to the BUYER/ EMPLOYER that the BIDDER/SELLER 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/EMPLOYER or any of its functionaries, whether officially or unofficially to the award of the Contract, the BIDDER/SELLER, 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/SELLER, 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/ EMPLOYER 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/SELLER will not collude with other parties interested in the contract Contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contractContract.
4.4 3.8 The BidderBIDDER/SELLER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
3.9 The BIDDER/SELLER shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the BUYER/ EMPLOYER as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER/SELLER also undertakes to exercise due and adequate care lest any such information is divulged.
3.10 The BIDDER/SELLER 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/SELLER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
3.12 If the BIDDER/SELLER or any employee of the BIDDER/SELLER or any person acting on behalf of the BIDDER/SELLER, either while presenting the bid directly or during pre-contract negotiations or before signing the contract, shall disclose any payments he has madeindirectly, is committed a relative of any of the officers of the BUYER/ EMPLOYER or alternatively, if any relative of an officer of the BUYER/ EMPLOYER has financial interest/stake in the Bidder/SELLER 's firm, the same shall be disclosed by the BIDDER/SELLER at the time of filing of tender. The term 'relative' for this purpose would be as defined in Section 6 of the Companies Xxx 0000.
3.13 The BIDDER/SELLER shall not lend to or intends to make to officials borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the Employer of their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such paymentsBUYER/ EMPLOYER.
Appears in 1 contract
Samples: Pre Contract Integrity Pact
Commitments of Bidders. 3.1 Compliance of the Instructions of GOI/Guidelines of CVC/Others: The Bidder bidder undertakes that in case of its selection as the successful bidder, it shall perform its duties under the Contract in strict compliance of the relevant and extant instructions of Government of India, GFR issued by Ministry of Finance, Guidelines of CVC and provisions of the Procurement Manual/relevant instructions of the Bank, as applicable to the subject matter.
3.2 The bidder represents that it has the expertise to undertake the assignment/contract and also has the capability to deliver efficient and effective advice/services to the Bank under the contract in terms of the RFP.
3.3 The bidder commits himself itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his its bid or during any pre-contract or post-post- contract stage in order to secure the contract or in furtherance to secure it and in particular commits himself commit itself to the following: -following:-
4.1 (a) The Bidder bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerBank, 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 Contractcontract.
4.2 (b) The Bidder further undertakes that he bidder has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, feesfees , brokerage or inducement to any official of the Employer Bank 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 contract or any other contract with the Government for showing or forbearing to show favor favour or disfavor to any person in relation to the Contract contract or any other contract with the Government.
4.3 (c) The Bidder will bidder shall disclose the name and address of its agents and representatives including its foreign principals or associates.
(d) The bidder shall disclose the payments to be made by it to agents/brokers or any other intermediary, in connection with this bid/contract.
(e) The bidder has not collude with other parties interested engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the Bank or any of its functionaries, whether officially or unofficially to the award of the contract to preclude the competitive bid priceBidder, impair the transparencynor has any amount been paid, fairness and progress of the bidding processpromised or intended to be paid to any such individual, bid evaluationfirm or company in respect or any such intercession, contracting and implementation of the contractfacilitation or recommendation.
4.4 (f) The Bidderbidder, 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 Employer of Bank or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
(g) The bidder will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
(h) The bidder will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
(i) The bidder shall not use improperly, for purposes of competition or personal gain or pass on to others, any information provided by the Bank as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The Bidder also undertakes to exercise due and adequate care lest any such information is divulged.
(j) The bidder commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.
(k) The bidder shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
(l) If the bidder or any employee of the Bidder or any person acting on behalf of the Bidder, either directly or indirectly is a relative of any of the officers of the Bank or alternatively, if any relative of an officer of the Bank 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 Xxx 0000.
(m) The bidder shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the Bank.
(n) The bidders shall disclose any transgressions with any other company that may impinge on the anti-corruption principle.
(o) The bidder has not entered into any undisclosed agreement or understanding with other bidders with respect of prices, specifications, certifications, subsidiary contracts, etc.
3.4 The bidder undertakes and affirms that it shall take all measures necessary to prevent any possible conflict of interest and in particular commit itself to the following:
(a) The bidder shall avoid any conflict of interest while discharging contractual obligations and bring, beforehand, any possible instance of conflict of interest to the knowledge of the Bank, while rendering any advice or service.
(b) The bidder shall act/perform, at all times, in the interest of the Bank and render any advice/service with highest standard of professional integrity.
(c) The bidder undertakes that in case of its selection as the successful bidder, it shall provide professional, objective, and impartial advice and at all times and shall hold the Bank’s interests paramount, without any consideration for future work, and that in providing advice it shall avoid conflicts with other assignments and its own interests.
(d) The bidder declares/affirms that it has not been hired by the Bank for any assignment that would be in conflict with its prior or current obligations to other employers/buyers, or that may place it in a position of being unable to carry out the assignment/contract in the best interest of the Bank. Without limitation on the generality of the foregoing, the bidder further declares/affirms as set forth below:
(i) Conflict between consulting activities and procurement of goods, works or non-consulting services (i.e. services other than consulting services) - The bidder has not been engaged by the Bank to provide goods, works, or non- consulting services for a project, or any affiliate that directly or indirectly controls, is controlled by, or is under common control with the bidder. The bidder is fully aware that it shall be disqualified from providing consulting services resulting from or directly related to those goods, works, or non-consulting services. Further, the bidder is also aware of the fact that in case it has been hired to provide consulting services for the preparation or implementation of a project, or any affiliate that directly or indirectly controls, is controlled by, or is under common control with the firm, shall be disqualified from subsequently providing goods, works, or services (other than consulting services) resulting from or directly related to the consulting services for such preparation or implementation. This provision does not apply to the various firms (consultants, contractors, or suppliers) which together are performing the Bidder’s obligations under a turnkey or design and build contract.
(ii) Conflict among consulting assignments – The bidder understands that neither bidder (including their personnel and sub-consultants), nor any affiliate that directly or indirectly controls, is controlled by, or is under common control with the firm, shall be hired for the assignment that, by its nature, may be in conflict with another assignment of the bidder. As an example, bidders assisting the Bank in the privatization of public assets shall neither purchase, nor advise purchasers of, such assets. Similarly, bidders hired to prepare Terms of Reference (TOR) for an assignment shall not be hired for the assignment in question.
(iii) Relationship with the Bank’s staff – The bidder is aware that the contract may not be awarded to the bidder in case it is observed that it, including its experts and other personnel, and sub-consultants, has/have a close business or family relationship with a professional staff of the Bank (or of the project implementing agency) who are directly or indirectly involved in any part of: (i) the preparation of the TOR for the assignment, (ii) the selection process for the contract; or (iii) the supervision of such contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Bank throughout the selection process and the execution of the contract.
(iv) A Bidder shall submit only one proposal either individually or as a joint venture partner in another proposal: If the bidder, including a joint venture partner, submits or participates in more than one proposal, all such proposals shall be disqualified. This does not, however, preclude a consulting firm to participate as a sub-consultant, or an individual to participate as a team member, in more than one proposal when circumstances justify and if permitted by the RFP.
Appears in 1 contract
Samples: Integrity Pact
Commitments of Bidders. The Bidder BIDDER commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his 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 commits commit himself to the following: -
4.1 3.1 The Bidder BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerBUYER, 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 Contractcontract.
4.2 3.2 The Bidder BIDDER further undertakes that he has they have not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 contract or any other contract with the Government for showing or forbearing to show favor or disfavor to any person in relation to the Contract contract or any other contract with the Government
3.3 BIDDERs shall disclose the name and address of agents and the representatives and Indian BIDDERs shall disclose their foreign principals or associates.
4.3 3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract.
3.5 The Bidder will 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 collude with other parties interested 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 preclude the competitive bid priceBIDDER, impair the transparencynor has any amount been paid, fairness and progress promised or intended to be paid to any such individual, firm or company in respect of the bidding processany such intercession, bid evaluation, contracting and implementation of the contractfacilitation or recommendation.
4.4 3.6 The BidderBIDDER, 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 Employer of 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 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 party/ 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 BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER's firm, the same shall be disclosed by the BIDDER at the time of filing of tender. The term 'relative' for this purpose would be as defined in Section 6 of the Companies Act 1956. 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.
Appears in 1 contract
Samples: Contract for Housekeeping Services and Manpower Supply
Commitments of Bidders. The Bidder commits himself BIDDER commit itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his 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 commits himself commit itself to the following: -followings:-
4.1 2.1. The Bidder BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the EmployerBUYER, 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 Contractcontract.
4.2 2.2. The Bidder BIDDER further undertakes that he it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favorfavour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer 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 contract or any other contract with the Government for showing or forbearing to show favor favour or disfavor to any person in relation to the Contract contract or any other contract with the Governmentcontract.
4.3 2.3. The Bidder will BIDDER further confirms and declares to the BUYER that the BIDDER has not collude with other parties interested 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 preclude the competitive bid priceBIDDER, impair the transparencynor has any amount been paid, fairness and progress promised or intended to be paid to any such individual, firm or company in respect of the bidding processany such intercession, bid evaluation, contracting and implementation of the contractfacilitation or recommendation.
4.4 2.4. The BidderBIDDER, 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 Employer of 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.
2.5. 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.
2.6. The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
2.7. 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.
2.8. The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.
2.9. The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
2.10. If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of fill of tender.
2.11. 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.
Appears in 1 contract
Samples: Contract for Providing Man Power