Common use of Commitments of Bidders Clause in Contracts

Commitments of Bidders. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities 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 material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the PRINCIPAL, 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 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 of any other contract with the government for showing or forbearing to show favour or disfavor to any person in relation to the contract of any other contract with the Government. 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. 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 and the payments have to be in Indian Rupees only. 3.5 The 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 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 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 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 1 contract

Samples: Integrity Pact

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Commitments of Bidders. The BIDDER [A] commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the [B] contract or in furtherance to secure it and in particular commit committee itself to the following:-following: - 3.1 The BIDDER [A] will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the PRINCIPALCLIENT, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract [B] in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract[B]. 3.2 The BIDDER [A] 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 PRINCIPAL CLIENT 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 of [B] or any other contract [B] with the government Government for showing or forbearing to show favour or disfavor disfavour to any person in relation to the contract of [B] or any other contract [B] with the Government. 3.3 BIDDERs of foreign origin [A] shall disclose the name and address of their Indian agents and representatives, if any representatives and Indian BIDDERs [A] shall disclose their foreign principals or associates, if any. 3.4 BIDDERs [A] shall disclose the payments to be made by them to their Indian agents/brokers or any other intermediary, in connection with this bid/contract and the payments have to be in Indian Rupees onlycontract. 3.5 The BIDDER [A] further confirms and declares to the PRINCIPAL CLIENT that the BIDDER [A] is the original manufacturer/ manufacturer/integrator/authorized agent government sponsored export entity of the stores/equipment/items defence 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 PRINCIPAL CLIENT or any of its functionaries, whether officially or unofficially to the award of the contract [B] to the BIDDER, [A] 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, [A] either while presenting the bid or during pre-contract negotiations or before signing the contract, [B] shall disclose any payments he has made, is committed to or intends to make to officials of the PRINCIPAL CLIENT or their family members, agents, brokers or any other intermediaries in connection with the contract [B] and the details of services agreed upon for such payments. 3.7 The BIDDER [A] will not collude with other parties interested in the contract [B] to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract[B]. 3.8 The BIDDER [A] will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities. 3.9 The BIDDER [A] shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the PRINCIPAL CLIENT as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER [A] also undertakes to exercise due and adequate care lest any such information is divulged. 3.10 The BIDDER [A] 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 [A] shall not instigate or cause to instigate any third person to commit any of the actions mentioned above. 3.12 If the BIDDER [A] or any employee of the BIDDER [A] or any person acting on behalf of the BIDDER[A], either directly or indirectly, is a relative of any of the officers of the PRINCIPALCLIENT, or alternatively, if any relative of an officer of the PRINCIPAL CLIENT has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER [A] at the time of filing filling of tender. The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Xxx 0000. 3.13 The BIDDER [A] shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee or of the PRINCIPALCLIENT.

Appears in 1 contract

Samples: Contract Agreement

Commitments of Bidders. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities 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 a. The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the PRINCIPALBUYER, 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 b. 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 PRINCIPAL 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 of any other contract with the government for showing or forbearing to show favour or disfavor to any person in relation to the contract of any other contract with the Government. 3.3 c. Foreign BIDDERs of foreign origin shall disclose the name and address of their Indian agents and representativesrepresentatives in India, if any and Indian BIDDERs shall disclose their foreign principals BUYERs or associates, if any. 3.4 d. 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 and the payments have to be in Indian Rupees onlycontract. 3.5 e. The BIDDER further confirms and declares to the PRINCIPAL BUYER that the BIDDER is the original manufacturer/ integrator/authorized agent of the stores/equipment/items 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 PRINCIPAL 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 f. 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 PRINCIPAL or 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 g. The BIDDER Bidder will not collude enter with other parties interested Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in the contract particular to impair the transparencyprices, fairness and progress specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process, bid evaluation, contracting and implementation of the contract. 3.8 h. The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities. 3.9 i. The BIDDER shall 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 PRINCIPAL 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 j. 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 k. The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above. 3.12 l. If the BIDDER Bidder or any employee of the BIDDER or any person acting on behalf key personnel of the BIDDERbidder, either directly or indirectly, actively involved in the project is a relative of any of the officers actively involved personnel of the PRINCIPAL, or alternatively, if any relative of an officer of the PRINCIPAL has financial interest/stake in the BIDDER’s firmBuyer, the same shall should be disclosed by disclosed. The term „relative‟ for this purpose would be as defined in section 2(77) of the BIDDER at the time of filing of tenderCompanies Act, 2013. 3.13 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 or the PRINCIPALBUYER. n. 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 1 contract

Samples: Integrity Pact

Commitments of Bidders. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract contract(s) or in furtherance to secure it and in particular commit itself to the following:-following :- 3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the PRINCIPALBUYER, 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). 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 PRINCIPAL 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 of contract(s) or any other contract contract(s) with the government TCIL for showing or forbearing to show favour or disfavor disfavour to any person in relation to the contract of contract(s) or any other contract contract(s) with the GovernmentTCIL. 3.3 BIDDERs of foreign origin shall disclose the name and address of their Indian agents and representatives, if any representatives and Indian BIDDERs shall disclose their foreign principals or associates, if any. 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 and the payments have to be in Indian Rupees onlycontract(s). 3.5 The BIDDER further confirms and declares to the PRINCIPAL BUYER that the BIDDER is the original manufacturer/ integrator/authorized agent of the stores/equipment/items 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 PRINCIPAL BUYER or any of its functionaries, whether officially or unofficially to the award of the contract 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, contract(s) shall disclose any payments payment he has made, is committed to or intends to make to officials of the PRINCIPAL BUYER or their family members, agents, agents brokers or any other intermediaries in connection with the contract contract(s) and the details of services agreed upon for such payments. 3.7 The BIDDER will not collude with other parties interested in the contract contract(s) to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contractcontract(s). 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, others any information provided by the PRINCIPAL 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 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 PRINCIPALBUYER, or alternatively, if any relative of an officer of the PRINCIPAL 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 Xxx 0000. 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. 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 will promptly inform the PRINCIPALIndependent External Monitor (of BUYER) if 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. 3.17 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 cartelisation in the bidding process.

Appears in 1 contract

Samples: Integrity Pact

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Commitments of Bidders. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities 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 following: - The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement of any kind to any official official(s)/employee/persons related to such Official(s) / employees of the PRINCIPALBUYER, 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 of any kind to any official of the PRINCIPAL 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 of or any other contract with the government Bank for showing or forbearing to show favour or disfavor disfavour to any person in relation to the contract of or any other contract with the Government. 3.3 BIDDERs of foreign origin Bank. The BIDDER shall disclose the name and address of their Indian agents and representatives, if any representatives and Indian BIDDERs shall disclose their foreign principals or associates, if any. 3.4 BIDDERs . The BIDDER shall disclose the payments to be made by them them- to their Indian agents/brokers or any other intermediary, in connection with this bid/contract and the payments have to be in Indian Rupees only. 3.5 contract. The BIDDER further confirms and declares to the PRINCIPAL BUYER that the BIDDER is the original manufacturer/ integrator/manufacturer / lntegrator / authorized agent / government sponsored export entity of the stores/equipment/items item/Services 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 PRINCIPAL 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 PRINCIPAL BUYER or their family members, agents, brokers 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 PRINCIPAL 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 to avoid unauthorized disclosure of such information is divulged. 3.10 information. 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 undertakes not instigate or cause to instigate directly or indirectly 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 the-BIDDER, either directly or indirectly, is a relative of any of the officers of the PRINCIPALBUYER, or alternatively, if any relative of an officer of the PRINCIPAL 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. 3.13 . The term ‘relative ‘for this purpose would be as defined in Section 6 of the Companies Xxx 0000 and as may be prescribed under the Companies Xxx 0000 and the relevant Rules. 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 of the PRINCIPALBUYER.

Appears in 1 contract

Samples: Integrity Pact

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