INTEGRITY PACT

(The Integrity Pact agreement shall be executed in Rs 100/- non judicial stamp paper and
shall be enclosed along with original financial instrument and reach All India Institute
of Speech and Hearing, Mysore corresponding address before opening Technical bid as
per date and time given in the Tender.)

GENERAL

This pre-bid pre-contract Agreement (herein after called the Integrity

Pact)
BETWEEN

All India Institute of Speech and Hearing, Mysore, represented by the

Director, All India Institute of Speech and Hearing, Mysore, hereinafter
referred to as “DIRECTOR AIISH”

AND
……………………………………………………………………………… represented b y
Shri ……………………………………… hereinafter referred to as “The
BIDDER / CONTRACTOR”.

Preamble

The Director, AIISH, intends to award, under laid down organizational

procedures, contract/s for ………………………………………………………… (Name of
the Contract / Project / Stores equipment / item). The Director, AIISH values
full compliance with all relevant laws and regulations, and the principles of
economic use of resources, and of fairness and transparency in its relations
with the Bidder/s and Contractor/s.

In order to achieve these goals, the Director, AIISH will appoint an External
Independent Monitor who will monitor the tender process and the execution
of the contract for compliance with the principles mentioned above.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent

and free from any influence / prejudiced dealings prior to, during and
subsequent to the currency of the contract to be entered into with a view to:-
Enabling the Director, AIISH to obtain the desired items / equipment at a
competitive price in conformity with the defined specifications by avoiding
the high cost and the distortionary impact of corruption on public
procurement, and

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Enabling BIDDER’s / CONTRACTOR’s to abstain from bribing or indulging in
any corrupt practice in order to secure the contract by providing assurance to
them that their competitors will also abstain from bribing and other corrupt
practices and the Director, AIISH will commit to prevent corruption, in any
form, by its officials by following transparent procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as
follows:-

Commitments of the DIRECTOR, AIISH

The Director, AIISH undertakes that no official of the AIISH connected directly or
indirectly with the contract, will demand, take a promise for or accept, directly
or through intermediaries, any bribe, consideration, gift, reward, favour or any
material or immaterial benefit or any other advantage from the BIDDER /
CONTRACTOR, either for themselves or for any person, organization or third
party related to the contract in exchange for an advantage in the bidding
process, bid evaluation, contracting or implementation process related to the
contract.

The Director, AIISH will, during the pre-contract stage, treat all BIDDERs /
CONTRACTORs alike, and will provide to all BIDDERs / CONTRACTORs the
same information and will not provide any such information to any particular
BIDDER / CONTRACTOR which could afford an advantage to that particular
BIDDER / CONTRACTOR in comparison to other BIDDER / CONTRACTOR and
could obtain an advantage in relation to the tender process or the contract
execution.

All the officials of the AIISH will report to the Director of All India
Institute of Speech and Hearing, Mysore any attempted or completed
breaches of the above commitments as well as any substantial, suspicion
of such a breach.

If the Director, AIISH obtains information on the conduct of any of its

employees with full and verifiable facts and the same is prima facie found
to be correct which is a criminal offence under the Bharatiya Nyaya
Sanhita,2023 / Prevention of Corruption Act, or if there be a substantive
suspicion in this regard, the Director will inform its Vigilance Officer and in
addition can initiate disciplinary actions.
`

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Commitments of the BIDDER / CONTRACTOR

The Bidder / Contractor commit himself to take all measures necessary to

prevent corruption. He commits himself to observe the following principles
during his participation in the tender process and during the post contract stage.

i. The Bidder /Contractor will not enter with other Bidder / Contractors
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.

ii. The Bidder/Contractor will not commit any offence under the
Bharatiya Nyaya Sanhita 2023,/ Prevention of Corruption Act, 1988
further the Bidder / Contractor will not use improperly, for purposes
of competition or personal gain, or pass on to others, any information
or document provided by the Director, AIISH as part of the business
relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically.

iii. The Bidder / Contractor will not offer, directly or through

intermediaries, any bribe, gift, consideration, reward, favour, any
material or immaterial benefit or any other advantage, commission,
fees, brokerage or inducement to any official of the AIISH, 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.

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 iv. The Bidder/Contractor further undertakes that it has not given, offered
or promised to give directly or indirect any bribe, gift, consideration,
reward, favour, any material or immaterial benefit or any other
advantage, commission, fees, brokerage or inducement to any official
of AIISH 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 Director, AIISH for showing or
forbearing to show favour or dis-favour to any person in relation to the
contract or any other contract with the Director, AIISH.

v. The Bidder / Contractor of foreign origin shall disclose the name and
address of the Agents /representatives in India, if any. Similarly the
Bidder/Contractor of Indian Nationality shall furnish the name and
address of the foreign principals, if any.

vi. Bidder / Contractors shall disclose the payments to be made by them

to agents or any other intermediary, in connection with this bid/contract.

vii. The Bidder / Contractor further confirms and declares to the Director,
AIISH that the Bidder / Contractor is the original
manufacturer/integrator/ authorized government sponsored export
entity of the stores and has not engaged any individual or firm or
company whether Indian or foreign to intercede, facilitate or in any
way to recommend to the Director, AIISH or any of its functionaries,
whether officially or unofficially to the award of the contract to the
Bidder / Contractor, 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.

viii. The Bidder / Contractor, 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 AIISH 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.

ix. The Bidder / Contractor 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.

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 x. The Bidder / Contractor will not accept any advantage in exchange for
any corrupt practice, unfair means and illegal activities.

xi. The Bidder / Contractor shall not use improperly, for purposes of
competition or personal gain, or pass on to others, any information
provided by the Director, AIISH as part of the business relationship,
regarding plans, technical proposals and business details, including
information contained in any electronic data carrier. The Bidder /
Contractor also undertakes to exercise due and adequate care lest any
such information is divulged.

xii. The Bidder / Contractor commits to refrain from giving any complaint
directly or through any other manner without supporting it with full
and verifiable facts.

xiii. The Bidder / Contractor will not instigate third persons to commit
offences outlined above or be an accessory to such offences.

xiv. If the Bidder/Contractor or any employee of the Bidder/Contractor or

any person acting on behalf of the Bidder/Contractor, either directly
or indirectly, is a relative of any of the officers of the AIISH, or
alternatively, if any relative of an officer of the Director, AIISH has
financial interest / stake in the Bidder / Contractor‟s firm, the same
shall be disclosed by the Bidder / Contractor 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.

xv. The Bidder / Contractor 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 AIISH.

Previous Transgression

The Bidder / Contractor declares that no previous transgression occurred in

the last three years immediately before signing of this Integrity Pact, with any
other company in any country in respect of any corrupt practices envisaged
hereunder or with any Public Sector Enterprises in India or any Government
Department in India that could justify Bidder / Contractor’s exclusion from
the tender process. If the Bidder / Contractor makes incorrect statement on
this subject, the Bidder / Contractor can be disqualified from the tender
process or the contract, if already awarded, can be terminated for such
reasons at any point of time.

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Sanction for Violations

Any breach of the aforesaid provisions by the Bidder / Contractor or any one
employed by it or acting on its behalf (whether with or without the knowledge
of the Bidder / Contractor shall entitle the Director, AIISH to take all or any
one of the following actions, wherever required:-

(i) To immediately call off the pre contract negotiations without

assigning any reason or giving any compensation to the BIDDER /
CONTRACTOR, However, the proceedings with the other BIDDER /
CONTRACTOR (s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and / or Security
Deposit / Performance Bond (after the contract is signed) shall stand
forfeited either fully or partially, as decided by the Director, AIISH and
the Director, AIISH shall not be required to assign any reason
therefore.

(iii) To immediately cancel the contract, if already signed, without giving

any compensation to the BIDDER / CONTRACTOR.

(iv) To recover all sums already paid by the Director, AIISH, and in case of
an Indian BIDDER / CONTRACTOR with interest thereon at 2%
higher than the prevailing Prime Lending Rate of the Nationalized
Bank, while in case of a BIDDER / CONTRACTOR from a country
other than India with interest thereon at 2% higher than the LIBOR.
If any outstanding payment is due to the BIDDER / CONTRACTOR
from the Director, AIISH in connection with any other contract for any
other items/equipment, such outstanding payment could also be utilized
to recover the aforesaid sum and interest.

(v) To encash the advance bank guarantee and performance bond /

warranty bond, if furnished by the BIDDER / CONTRACTOR, in order
to recover the payments, already made by the Director, AIISH, along
with interest.

(vi) To cancel all or any other Contracts with the BIDDER /

CONTRACTOR. The BIDDER / CONTRACTOR shall be liable to pay
compensation for any loss or damage to the Director, AIISH resulting
from such cancellation/ rescission and the Director, AIISH shall be
entitled to deduct the amount so payable from the proceeds due to the
BIDDER / CONTRACTOR.

(vii) To debar the BIDDER / CONTRACTOR from participating in future

bidding processes of the AIISH for a minimum period of five years,
which may be further extended at the discretion of the Director,
AIISH.
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(viii) To recover all sums paid in violation of this Pact by
BIDDER/CONTRACTOR(s) to any middleman or agent or broker
with a view to securing the contract.

(ix) In cases where irrecoverable Letters of Credit have been received in

respect of any contract signed by the Director, AIISH with the BIDDER
/ CONTRACTOR, the same shall not be opened.

(x) Forfeiture of Performance Bond in case of a decision by the Director,

AIISH to forfeit the same without assigning any reason for imposing
sanction for violation of this pact.

(xi) The Bidder / Contractor accepts and undertakes to respect and uphold
the AIISH absolute right to resort to and impose such exclusion and
further accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing before the
decision to resort to such exclusion is taken. This undertaking is
given freely and after obtaining independent legal advice.

(xii) If the Bidder / Contractor can prove that he has restored

/recouped the damage caused by him and has installed a suitable
corruption prevention system, in such a case, it will be discretion of
the Director, AIISH to revoke the exclusion prematurely.

(xiii) The Director, AIISH will be entitled to take all or any of the actions
mentioned at Para (i) to (xii) above of this Pact also on the Commission
by the BIDDER / CONTRACTOR or any one employed by it or acting
on its behalf (whether with or without the knowledge of the BIDDER
/ CONTRACTOR), of an offence as defined in Chapter IX of the
Bharatiya Nyaya Sanhita 2023, or Prevention of corruption Act, 1988
or any other statute enacted for prevention of corruption.

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 (xiv) The decision of the Director, AIISH to the effect that a breach of the
provisions of this Pact has been committed by the BIDDER /
CONTRACTOR shall be final and conclusive on the BIDDER /
CONTRACTOR. However, the BIDDER / CONTRACTOR
can approach the Independent Monitor (s) appointed for the
purposes of this Pact.

Fall Clause
The BIDDER / CONTRACTOR undertakes that it has not supplied / is
not supplying similar product / systems or subsystems at a price lower than
that offered in the present bid in respect of any other Ministry / Department
of the Govt. of India or PSU and if it is found at any stage that similar product
/ systems or subsystems was supplied by the BIDDER / CONTRACTOR to the
Director, AIISH at a lower price, then that very price, with due allowance for
elapsed time, will be applicable to the present case and the difference in the
cost would be refunded by the BIDDER / CONTRACTOR to the Director,
AIISH, if the contract has already been concluded.

Independent Monitors

The Director, AIISH, has appointed two Independent External Monitors

(hereinafter referred to as Monitors)

1. Sri Dharam Chand Jain, IPS (Retd.)

4F, Type-VII, Tower-6,
East Kidwai Nagar,
New Delhi – 110023
M.No: 9414080909
E-mail: [email protected]

2. Dr. Ravendra Singh, ISS (Retd.)

B3/52 Second Floor,
Safdarjung Enclave,
New Delhi – 110029
M.No: 9899368696
Email: [email protected]

(a) The task of the Monitors shall be to review independently and objectively,
whether and to what extent the parties comply with the obligations under
this Pact.

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(b) The Monitors shall not be subject to instructions by the representatives
of the parties and perform their functions neutrally and independently.

(c) Both the parties accept that the Monitors have the right to access all the
documents relating to the project / procurement, including minutes of
meetings.

(d) As soon as the Monitor notices, or has reason to believe, a violation of this
pact, he will so inform the authority designated by the Director of All
India Institute of Speech and Hearing, Mysore.

(e) The BIDDER / CONTRACTOR(s) accepts that the Monitor has the
right to access without restriction to all Project documentation of the
AIISH including that provided by the BIDDER / CONTRACTOR. The
BIDDER / CONTRACTOR will also grant the Monitor, upon his request
and demonstration of a valid interest unrestricted and unconditional
access to his project documentation. The same is applicable to
Subcontractors. The Monitor shall be under contractual obligation to
treat the information and documents of the Bidder / Contractor /
Subcontractor(s) with confidentiality.

(f) Director, AIISH, will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such
meetings could have an impact on the contractual relations between the
AIISH and the Contractor. The parties offer to the Monitor, the option to
participate in such meetings.

(g) The Monitor will submit a written report to the Director, AIISH, within 8 to
10 weeks from the date of reference or intimation to him by the
Director, AIISH/ Bidder / Contractor and should the occasion arise,
submit proposals for correcting problematic situation.

(h) As soon as the Monitor notices, or believes to notice, a violation of this

agreement, he/she will so inform the Director, AIISH, and request to
discontinue or to take corrective action, or to take other relevant action.
The Monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that
they act in a specific manner, refrain from action or tolerate action.

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 (i) If the Monitor has reported to the Director, AIISH, substantiated
suspicion of an offence under the Bharatiya Nyaya Sanhita,2023,
Prevention of Corruption Act,1988 and the Director, AIISH, has not,
within reasonable time, taken visible action to proceed against such
offence or reported to the Vigilance Officer, the Monitor may also
transmit this information directly to the Central Vigilance
Commissioner, Government of India.

(j) The word “Monitor” would include both singular and plural.

Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or
payment of commission, Director, AIISH, or its agencies shall be entitled to
examine all the documents including the Books of Accounts of the BIDDER /
CONTRACTOR and the BIDDER / CONTRACTOR shall provide necessary
information and documents in English and shall extend all possible help for
the Purpose of such examination.
Other Provisions
Changes and supplements as well as termination notices need to be
made in writing. Side agreements have not been made.
If the Contractor is a partnership or a consortium, this agreement must
be signed by all partners or consortium members.

Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and
jurisdiction is the seat of the Director, AIISH, at Mysuru, Karnataka.

Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to
any other legal action that may follow in accordance with the provisions of
the extant law in force relating to any civil or criminal proceedings.

Validity
The validity of this Integrity Pact shall be from date of its signing and
extend upto 5 years or the complete execution of the contract to the
satisfaction of both the AIISH and the Bidder / Contractor including warranty
period whichever is later. In case Bidder / Contractor is unsuccessful, this
Integrity Pact shall expire after six months from the date of the signing of the
contract.

If any claim is made/lodged during this time, the same shall be binding
and continue to be valid despite the lapse of this pact as specified above, unless
it is discharged/determined by the All India Institute of Speech and Hearing,
Mysore.

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 Should one or several provisions of this Pact turn out to be invalid, the
remainder of this Pact shall remain valid. In this case, the parties will strive
to come to an agreement to their original intentions.

Equal treatment of all Bidders / Contractors /Sub-Contractors

(a) The Bidder / Contractor undertake to demand from all sub-

contractors a commitment in conformity with this Integrity Pact,
and to submit it to the Director, AIISH before contract signing.

(b) The Director, AIISH will enter into agreements with identical
conditions as this one with all Bidders / Contractors and Sub-
Contractors.

(c) The Director, AIISH will disqualify from the tender process all Bidders /
Contractors who do not sign this pact or violate its provisions.

The parties hereby sign this Integrity Pact at on

.

All India Institute of BIDDER / CONTRACTOR

Speech and Hearing, Mysore
Represented by Director

Name of the Officer Name

Designation Designation

Witness 1 Witness 1
Name & address Name & address

Witness 2 Witness 2
Name & address Name & address

Place: Place:
Date: Date:

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