INTEGRITY PACT Between Solar Energy Corporation of India having its Registered Office at 6th Floor, Plate-B, NBCC Office Block Tower-2, East Kidwai Nagar, New Delhi-110023, India hereinafter referred to as "SECI", and [Insert the name of the Sole Bidder/all members of the of Joint Venture/Consortium] having its Registered Office at (Insert full Address/Lead member address in case of Joint Venture/Consortium) and [Insert the name of all members of te of Joint Verture/Consortitim, as applicable} having its Registered Office at (Insert full Address/ Lead me ess in case of Joint Venture/Consortiwmn) hereinafter referred to as "The Bidder/Contractor" Preamble SECT intends to award, under laid-down organisational procedures, contract(s) for [insert the name of the tender/package] z Package and NIT Number SECI values full compliance with all [insert Specification Number of the package] relevant law’ and regulations, and the principles of economical use of resources, and of aigness and transparency in its relations with its Bidders/ Contractors. Page 1 of 7In order to achieve these goals, SECI and the above-named Bidder/Contractor enter into this agreement called ‘Integrity Pact which will form an integral part of the bid. It is hereby agreed by and between the parties as under: Section 1 - Commitments of SECI (dy 2) SECI commits itself to take all measures necessary to prevent corruption and to observe the following principles: a) b) © No employee of SECI, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for him/herself or third person, any material or other benefit which he/she is not legally entitled to SECI will, during, the tender process treat all Bidder(s) with equity and fairness. SECI will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/ additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution. - SECI will exclude from evaluation of Bids its such employee(s) who has any personal interest in the Companies/Agencies participating in the Bidding/ Tendering process If Managing Director obtains information on the conduct of any employee of SECI which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, he will inform its Chief Vigilance Officer and in addition can initiate disciplinary actions under its Rules. Section II - Commitments of the Bidder/Contractor (i) The Bidder/Contractor commits himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution: a) ) The Bidder/Contractor will not, directly or through any other person or firm, offer, promise or give to SECI, or to any of SECI's employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange an advantage during the tender process or the execution of the contract. ‘The Bidder/Contractor shall not enter into any agreement/ _arrangement/ understanding/ action in concert, whether or not the same Page 2 of 7is formal or in writing with other Bidders/Contractors. This applies in particular to agreements pertaining to prices, territorial or geographical allocations of market, specifications, certifications, subsidiary contracts, submission or non-submission of bids, bid rigging or other actions restricting competitiveness or leading to cartelization in the bidding process or amounting to any other violation under the Competition Laws for the time being in force. ©) The Bidder/Contractor will not commit any criminal offence under the relevant Anti-corruption Laws of India; further, the Bidder/Contractor will not use for illegitimate purposes or for purposes of restrictive competition or personal gain, or pass on to others, any information provided by SECI as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d) Bidders will not pass any information provided by Principal as part of business relationship to others and not to commit any offence under PC/ IPC Act e) The Bidder/Contractor of foreign origin shall disclose the name and address of the Agents/representatives in India, if any, involved directly or indirectly in the Bidding, Similarly, the Bidder/Contractor of Indian Nationality shall furnish the name and address of the foreign principals, if any, involved directly or indirectly in the Bidding. f) The Bidder/Contractor will, when presenting his bid, disclose any and all payments he has made, or committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract and/or with the execution of the contract. g) The Bidder/Contractor will not misrepresent facts or furnish false/forged documents/information in order to influence the bidding process or the execution of the contract to the detriment of SECL (2) The Bidder/Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences Section III- Disqualification from tender process and exclusion from future contracts (1) If the Bidder, before contract award, has committed a serious transgression through a violation of Section II or in any other form such as to put his reliability or credibility as Bidder into question, SECI may disqualify the Bidder from the tender process or terminate the contract, if already signed, for such reason. If the Bidder/Contractor has committed a serious transgression through a Page 3 0f7violation of Section II such as to put his reliability or credibility into question, SECI may after following due procedures also exclude the Bidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of, transgressions, the position of the transgressors within the company hierarchy of the Bidder/ Contractor and the amount of the damage. The exclusion will be imposed for a minimum of 12 months and maximum of 36 months. (8) _ If the Bidder/Contractor can prove that he has restored/recouped the damage caused by him and has installed a suitable corruption prevention system, SECI may revoke the exclusion prematurely. However, decision of SECI in this regard shall be final and binding on the bidder/Contractor, Section IV - Liability for violation of Integrity Pact (1) If SECI has disqualified the Bidder from the tender process prior to the award under Section III, SECI may forfeit the applicable Bid Security/Earnest Money Deposit under the Bid. (2) If SECI has terminated the contract under Section III, SECI may forfeit the Contract Performance Security of this contract besides resorting to other remedies under the contract Section V- Previous Transgression (1) The Bidder shall declare in his Bid that no previous transgressions occurred in the last 3 years with any other Public Sector Undertaking or Government Department that could justify his exclusion from the tender process. (2) _ If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason. Section VI - Equal treatment to all Bidders / Contractors (1) SECT will enter into agreements with identical conditions as this one with all Bidders. (2) SECI will disqualify from the tender process any bidder who does not sign this, Pact or violate its provisions. Section VII - Punitive Action against violating Bidders / Contractors If SECT obtains knowledge of conduct of a Bidder or a Contractor or his subcontractor or of an employee or a representative or an associate of a Bidder or Contractor or his Subcontractor which constitutes corruption, or if SECI has substantive suspicion in this JECT will inform the Chief Vigilance Officer (CVO), Page 4 of 7