Rcnew24 25
Rcnew24 25
for
Annual Rate Contract for Supply of Consumable
Items for the financial year 2024-25
at
NATIONAL INSTITUTE OF PHARMACEUTICAL
EDUCATION AND RESEARCH (NIPER)
HYDERABAD
Email: [Link]@[Link]
1
The National Institute of Pharmaceutical Education and Research (NIPER) Hyderabad, INDIA
is an Autonomous Institute of National Importance under the Department of Pharmaceuticals,
Ministry of Chemicals and Fertilizers, Govt. of India. NIPER Hyderabad procures various
consumables in crores of Rupees per annum for its R&D programmes and is looking for
prospective suppliers who provide Chemicals, Solvents, Reagents, Glassware, Plastic ware,
Laboratory Gases / Liquid Nitrogen, Animal feed and other Laboratory Consumables.
Therefore, NIPER Hyderabad intends to enter into annual rate contract for supply of
consumable items (as mentioned in Table-1) for the financial year 2024-25 with the
manufacturers and / or their authorized distributors / stockiest of various brands.
The tender document along with other details may be viewed and downloaded from the CPP
Portal [Link] No physical bids will be accepted.
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E-tender / Online bids are invited from the Manufacturers/ Authorized Distributors/Dealers
(who have current Authorization from Principal Compan) reputed firms from eligible bidders
for Annual Rate Contract for Supply of Consumable Items for the financial year 2024-25 under
two bid system.
The EMD amount of Rs.30000/- (Rs. Thirty thousand Only) in the form of a Demand Draft or
Banker's Cheque from any of the commercial banks in favour of “NIPERH Resources” and the
tender fee amount of Rs. 1000/- (Rs. one thousand only) in the form of DD in favor of
“NIPERH Resources” should reach NIPER-Hyderabad, Balanagar-500037, Telangana, India
on or before the last date of bid submission i.e, 16/08/2024 latest by 05:00 PM to avoid
disqualification.
Please note all bid related documents scanned copy is to be submitted on the CPP portal, only
the Demand Draft regarding Tender Fee and EMD / Security Deposit has to physical reach on
above mentioned address. (If applicable)
The tender document along with other details may be downloaded from the CPP Portal:
[Link]
The acceptance of the quotation will rest with the competent authority of NIPER Hyderabad
who does not bind to accept the highest discount quotation and reserves the right to reject, or
partially accept any or all the quotations received without assigning any reason thereon.
ELIGIBILITY CRITERIA
Technical Bid:
The Bidders, who fulfill the following requirements on their own, shall only be eligible to apply
18. The concerned firm / company whose product has been declared as of spurious or
adulterated quality and any criminal cases is filed and is pending in any court shall not
be eligible to participate in the bidding process. Convicted firms / company shall also
not be eligible to participate in the bid. Similarly, blacklisted / banned / debarred firms/
company by any central/ state govt. or its organization or autonomous bodies or central
drug Procurement agency is not eligible to participate in the bid.
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Annexure-1
1) Chemicals Fine Chemicals, Bio-Chemicals, Molecular biology grade chemicals, Analytical Grade
Chemicals, Laboratory Grade Chemicals
2) Culture Media Cell Culture Media, Pathogen Culture Media, Stem cell culture Media
7) Kits Diagnostic and Research kits (Biochemical kits, Enzyme Assay, ELISA, Kinase assay
etc)
8) Molecular Biology Oligos, SiRNA, ShRNA, Transfection/ Electroporation Reagents, Cell Separation
Items consumables, DNA/ Protein Electrophoresis/ Nucleic Acid Purificationreagents,
CRISPR Genome engineering reagents, vectors, plasmids, IPS Cells, Inhibitors,
PROTEINS, Recombinant Proteins, Neurotrophins, Growth Factors, Hormones,
Natural Proteins, Viral Antigens, CD Antigens, Chemokines, Compound Libraries, etc.
Plasmids, Viral Plasmids, knock out and knock in/ Zebrafish, COVID RTPCR Kits, PCR
and qPCR, Enzymes, Flowcytometry reagents, PCR and qPCR, DNA and RNA
oligonucleotides. BCA reagent, RIPA buffer, TIPER, Agomir, antogomir, NC
membrane, ECL, Tissue Freezing Medium, ladder, immersion oil, thin plates, Flow
sheath fluid, Flow beads
9) Solvents General lab chemicals, solvents, organic intermediates, reference standards and specialty
fine chemicals (9AR/NMR/HPLC/GC Grades, LC-MS., ICP-MS Grades.
10) General Lab wares Mask, Gloves, biohazard bags, Autoclave bags, shoe covers, PP Kit, Syringe filters,
Membrane filters, Filter paper thimbles, syringes.
11) Animal House Animal Feed, Isoflurane, Animals( Rats, Mice, Rabbit) and Corn Bidding, Ketamine,
Xylazine, Surgicals, Capillary (Mice & Rat)
12) Bulk Solvents Reagent grade solvents- Hexane- 200 ltr, Petroleum ether-200 ltr, Methanol-200 ltr,
Chloroform-200 ltr, Acetone-200 ltr, Ethyl acetate-200 ltr, Dichloromethane-200 ltr,
IPA-25 ltr, n-butanol-25 ltr and Ethanol-25 ltr
13) Stationary phase in Silica, Alumina, Resin, C18, C8, Sephadex etc.
bulk quantity
14) HPLC & GC Reveres phase, Normal phase, size exclusion columns , GC Columns, Chiral columns,
Columns Analytical and preparative columns having different dimensions: C18,C8,Diol, Cyano,
Silica etc. and any other Columns relevant for Pharmaceutical Analysis.
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INFORMATION AND INSTRUCTIONS FOR e-TENDERING AND ONLINE BID SUBMISSION
The bidders are required to submit soft copies of their bids electronically on the Central
Public Procurement (CPP) Portal i.e. [Link] using valid Digital
Signature Certificates.
available
at
[Link]
Page 6 of 31
INSTRUCTION FOR e-PROCUREMENT
Both Technical and Financial Bid Covers should be placed online on the CPP Portal
[Link]
TECHNICAL BID
Signed and Scanned copies of the Technical bid documents as under must be submitted online
on
CPP Portal [Link]
a) List of Documents to be scanned and uploaded (Under Cover-1) within the period of
bid submission:
i. Scanned copy of Certificate of Incorporation / Valid Registration Certificate of the
Firm
ii. Scanned copy of PAN
details
iii. Scanned copy of GST Registration Certificate
iv. Scanned copy of Experience certificate (minimum 3 years) for execution of
similar work in supplying chemicals and laboratory Consumables at
Government/ Autonomous Institutions/ Government Research Centers/
Universities/Reputed Institutions. Scanned copy of work completion
certificates to this effect.
v. Scanned copy of Certificate regarding financial statements duly audited/
certified by Chartered Accountant (CA) for Annual financial turnover for the
latest three years, showing Profit & Loss
vi. Scanned copies of Income Tax Return (ITR) showing total average annual
turnover of Rs. 70 lacs of the last three years.
vii. Scanned copy of valid MSE / NSIC certificate for the items being tendered,
If applicable
viii. Scanned copy of Manufacturer Authorization Certificate
ix. Scanned copy of Authorization Certificate
x. Scanned copy of Declaration by Supplier
xi. Scanned copy of Non Blacklisting Certificate
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xii. Scanned copy of Certificate of Price Justification
xiii. Scanned copy of Certificate of No Deviation
xiv. Scanned copy of Declaration for acceptance of tender terms and
conditions
xv. Scanned copy of Bank details
BID VALIDITY
a. All the Bids must be valid for a period of 90 days from the last date of submission of
the tender for execution of Contract. However, the quoted rate should be valid for the
initial / extended period of the Contract from the effective date of the Contract. No
request will be considered for price revision during the original Contract period.
b. A bid valid for a shorter period shall be declared as non-responsive.
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c. In exceptional circumstances, prior to expiry of the original time limit, NIPER Hyderabad may
request the bidders to extend the period of validity for a specified additional period beyond the
original validity of 90days. The request and the bidders' responses shall be made in writing. The
bidders, not agreeing for such extensions will be allowed to withdraw their bids without forfeiture of
their EMD / Bid Security.
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GENERAL TERMS & CONDITIONS OF CONTRACT
The Terms and Conditions as mentioned below would be binding to all parties
1. PARTIES
The parties to the contract are the vendor (the bidder to whom the contract will be awarded)
and National Institute of Pharmaceutical Education and Research (NIPER), Hyderabad.
2. TENDER FEE
Tender fee will be Non-refundable amount of Rs. 1000/- (Rupees One thousand only) and
the bidder shall deposit a separate Demand Draft in favor of -Resources
tenders submitted without tender fee shall liable to be rejected summarily.
The bidder seeking EMD exemption, must submit the valid supporting document (Udyam
Registration Certificate/NSIC Certificate) for the relevant category. Udyog Aadhar will not be
considered as the validity of the same is over. Bidders are requested to verify their eligibility for
EMD exemption as per GOI Orders before submitting the bid.
4. SECURITY DEPOSIT
a. The successful bidder will be required to furnish a Security Deposit of an amount
of Rs. 30000/- (Rupees Thirty Thousand Only) after receiving of Letter of Award
in the form of Bank Guarantee/Demand Draft which shall be valid for 60 days
beyond completion of all the contractual obligations.
b. The security deposit can be forfeited by order of this Institute in the event of any
breach or negligence or non-observance of any condition of contract or for
unsatisfactory performance or non-observance of any condition of the contract.
Security Deposit will be discharged after completion of performance
obligations under the contract.
5. Any conditional or unresponsive bid shall be rejected summarily and will treated as null
and void.
6. Original Chemical Manufacturers / Principal firm may furnish the name and address of
their authorized distributor/ dealers/ stockiest. Where local dealers / stockiest has been
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nominated by the principal firms, the bills raised by them against our purchase order will
be accepted.
7. At any time prior to date of submission of tender, Tender Inviting Authority may, for any
reason or decision, can modify the terms and conditions of the tender document by a
corrigendum displayed on the website of NIPER Hyderabad ([Link]
In order to provide reasonable time to take the amendment into account in preparing their
bid, Tender Inviting Authority may or may not, at his discretion, extend the date and time
for submission of tenders.
8. An undertaking may be given that the price list being furnished with the proposal will
remain valid for the Annual Rate Contract for a period as mentioned in the contract period.
9. Trade discount along with certificate certifying that higher discount is not given to any
other Department/Organization/Institution than offered should be enclosed with Financial
Bid.
10. In case of discrepancy between unit price and total price, the unit price shall prevail.
12. NIPER HYDERABAD may enter into Parallel Annual Rate Contract for the same brand
or similar item with other firms who are found eligible in this tender process. Any
objection/ query etc. in this regard shall not be entertained.
14. A person signing the tender form or any document forming part of the tender on behalf of
another person should have an authority to bind such other person and if, on enquiry it
appears that the person so signing had no authority to do so, NIPER Hyderabad may
without prejudice, cancel the contract and hold the signatory liable for all costs,
consequences and damages under the civil and criminal remedies available.
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15.
annexure as the acceptance of the offer made by Bidder will be deemed as a contract and no
separate formal contract will be drawn. NO PAGE SHOULD BE REMOVED/
DETACHED FROM THIS NOTICE INVITING TENDER.
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17. DELIVERY
Delivery of goods shall be made by the supplier to F.O.R. Store Section, National Institute
of Pharmaceutical Education and Research (NIPER) Hyderabad within 4-5 weeks of
placing of Purchase Order unless specifically mentioned in the Purchase Order. However,
in case of emergent requirement supplier has to supply the required quantity of goods
within one week of placing of order also. In the case of import items, the duration may
be clearly specified in the bids.
18. INSPECTION
a. NIPER Hyderabad shall have the right to inspect and/or to test the goods to confirm
their conformity to the Tender Specifications at no extra cost to the NIPER
Hyderabad
b. The rate contract of the firm will be subject to verification of the credentials
and physical inspection of production units/sales office
c. The Director, NIPER Hyderabad shall be the final authority to reject full or any part
of the supply which is not confirming to the specification and other terms and
conditions.
d. No payment shall be made for rejected Stores. Rejected items must be removed by
the Bidders within one week from the date of rejection at their own risk and cost
and replaced immediately. In case these are not removed, these will be auctioned at
the risk and responsibility of the suppliers without any further notice.
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21. PAYMENT CLAUSE
Invoice in triplicate should be submitted by the supplier firm for settlement after
satisfactory delivery of the material. The invoice should have full particulars of the
items(s). No payment shall be made in advance. On receipt of invoice from the supplier
after satisfactory delivery and acceptance of the material by the Indenter, NIPER
Hyderabad, case of issuing sanction and passing of bill for payment will be initiated. No
payment will be made for rejected goods. Not more than two invoices shall be entertained
for a purchase order. A penalty of 5% other than Liquidated Damages (if any) will be
charged on each extra submitted invoices.
24. ARBITRATION
a) If, at any time, any question dispute or difference of whatsoever nature arise between
the purchaser/Institution and the bidder/contractor/supplier, upon or in relation to or in
connection with purchase order/contract, either party may forthwith give to the other notice
in writing of the existence of such question dispute or difference and the same shall be
referred to sole arbitration of a nominee of the purchaser/University, who shall give a
reasoned/speaking awards. The award of the sole arbitrator shall be final and binding on
the parties under the provisions of the Indian Arbitration Act-1996 (Amended up to date)
and of the rules, there under. Any statutory amendment, modification or re-enactment
thereof for the time being in force, shall be deemed to apply and be incorporated in the
contract/purchase order. The sole Arbitrator shall be any officer of the Institution whose
name is approved by the Competent Authority. It will not be objectionable if the Sole
arbitrator is an officer of the Institution and he has expressed his views on all or any of the
matter in question of dispute or difference.
b) Upon every or any such reference, the cost of and incidental to the reference and award
respectively shall be in the discretion of the sole arbitrator so appointed who may determine
the amount there of or direct the same to be fixed as between the solicitor and client or as
between party and shall direct by whom and to whom and in what manner the same is to
be borne and paid.
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c) The work under the contract shall, if reasonable possible continue/ during the arbitration
and proceedings and no payment due or payable by the purchaser/ Institution shall be
withheld on account of such proceedings.
Notwithstanding the provisions of GCC Clauses relating to extension of time, penalty and
Termination for Default the Supplier shall not be liable for forfeiture of its security deposit,
liquidated damages or termination for default, if and to the extent that, its delay in performance or
other failure to perform its obligations under the Contract is the result of an event of Force Majeure.
For purposes of this means an event or situation beyond the control of the
Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of
care on the part of the Supplier. Such events may include, but not be limited to, acts of the Purchaser
in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and
freight embargoes.
If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of
such conditions and the cause thereof within 21 days of its occurrence. Unless otherwise directed
by the Purchaser in writing, the Supplier shall continue to perform its obligations under the
Contract as far as is reasonably practical, and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.
If the performance in whole or in part or any obligations under the contract is prevented or
delayed by any reason of Force Majeure for a period exceeding 60 days, either party may at its
option terminate the contract without any financial repercussions on either side.
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SPECIAL TERMS AND CONDITIONS OF THE CONTRACT
1. The tender is initially for a period of one year and may be renewed for further period of 1
year on mutual consent, subject to the satisfactory performance of the party with same or
better quoted discount, terms and conditions.
2. The items will have to be supplied F.O.R. National Institute of Pharmaceutical Education
and Research, Hyderabad. No extra transportation / cartage charges will be provided for
the same.
3. The articles should be securely packed to avoid damages etc. in transit.
4. NIPER Hyderabad shall be the sole authority to cancel or amend the order, as per
requirement, and also to place order for supply of item.
5. The firm should have availability of a responsible person on call on all working days
between 09:30 AM to 06:00 PM.
6. The material should be delivered at F.O.R basis at Store Section, NIPER Hyderabad
between 10:00 hrs to 16:00 hrs on all working days.
7. Order shall be issued for tentative annual requirement on actual need basis. Bills in
triplicate for the items supplied by the selected firm(s) should be raised for payment.
Payment shall be released after it is ensured that the items/quantity and quality of items
supplied are to the entire satisfaction of the Indenter and accepted. If any item is found to
be defective, or not of the desired quality, the same shall be replaced immediately, for
which no extra payment shall be made by NIPER Hyderabad.
8. The selected Annual Rate Contract holder firm shall also provide the name and mobile
number of a key person, who can be contacted at any time, even beyond the office hours
on holidays. The person should be capable of taking orders and making arrangement for
supply of the desired items even on short notice to NIPER Hyderabad.
9. In case the quality of goods supplied are not in conformity with the standard given in tender
or the supplies are found defective at any stage these goods shall immediately will be taken
back by the supplier at their own risk and cost and will be replaced with the tender quality
goods, without any delay. The NIPER Hyderabad reserves all rights to reject the goods if
the same are not found in accordance with the required description/specifications.
10. GST: The rate of GST should be mentioned clearly.
11. Authorization Letter: Valid Tender Specific Authorization letter from the OCMs / Principal
Firms in favour of authorized distributor to participate in the tender document for NIPER
Hyderabad shall be submitted along with technical bid, failing which quotation will not be
considered.
12. The NIPER Hyderabad reserves the right to place an order for supply of any items
mentioned in the Financial Bid or otherwise, to any other firm(s), if required.
13. Disclaimer: The near relatives of NIPER Hyderabad employee are prohibited from
participation in this tender. Any information furnished by the bidder found to be incorrect
either immediately or at a later date, would render him liable to be debarred from tendering
/ taking up of work in NIPER Hyderabad.
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14. Freight, insurance charges, if any will be borne by the supplier, similarly shortage, pilferage
in transit will be sole responsibility of the supplier and the same will be intimated to the
supplier on receipt of goods by the purchaser for replacement. The defective supply will
have to be replaced by the supplier at their own risk and cost within 7 days without
additional freight / transport charge.
15. Delivery of goods will be taken at the risk and cost of the supplier and on F.O.R. basis to
the Institute from railway / road transport.
16. Payment of the bill will be made after receipt of the goods in satisfactory condition and
acceptance thereof.
17. No revision in rate (on higher side) will be accepted during contract period.
18. Order will be placed as per requirement, irrespective of value of the order.
19. Supply should be made from the latest batch of production with maximum life period and
original packing.
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TECHNICAL INFORMATION AND UNDERTAKING
(Bidder may use separate sheet wherever required)
SN Particulars Remarks Page No.
1. Name and Address of the OCM/Authorized
Distributor
6. PAN details
7. TAN details
Page 18 of 31
10. Certificate regarding financial statements duly
audited/ certified by Chartered Accountant (CA) for
Annual turnover for the last three financial years
showing Profit & Loss
Place:
Date:
Undertaking
1. That I/we have carefully studied all the terms and conditions of tender and shall abide by
it.
Page 19 of 31
2. That I/We shall supply the items of requisite quality.
3. That I/We undertake that the information given in this tender are true and correct in all
respect and I/We hold the responsibility for the same.
4. That I/We undertake that sample of items will be kept ready for inspections by the NIPER
Hyderabad. I/We shall be responsible for the cancellation of tender if samples are not up
to mark.
Date:
Place:
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FORMAT FOR AUTHORISATION CERTIFICATE
[To be given on OCM
Dated:
To,
The Director,
National Institute of Pharmaceutical Education and Research Hyderabad
Balanagar, Hyderaba-500037, Telangana, INDIA
Yours faithfully,
[Signature with date, name and designation] for and on behalf of M/s.
[Name and address of the manufacturers]
Note:-
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1. This letter of authorization should be on the letter head of the manufacturing firm and should be signed by a
person competent and having the power of attorney to legally bind the manufacturer.
2. Original letter may be enclosed with Quotation Form during submission in the sealed cover.
DECLARATION BY SUPPLIER
It is certified that I/we have carefully read and understood the entire general, special as well as
specific terms and conditions of these documents and agree to abide by all of these. All the
information and commitments provided with the quotations are truthful and binding on
Designation Seal
Place:
Date:
Page 22 of 31
NON BLACKLISTING CERTIFICATE
[To be submitted on letterhead]
I/We hereby certify that the [Name of the company / firm] has not been ever blacklisted/debarred by any
Central / State Government / Public Undertaking / Institute on any account.
I/We also certify that firm will be supplied the item as per the specification given by NIPER
Hyderabad and also abide all the terms and conditions stipulated in Annual Rate Contract.
I/We also certify that the information given in bid is true and correct in all aspects and in any case
at a later date it is found that any details provided are false and incorrect, contract given to the
concern firm or participation may be summarily terminated at any stage, the firm will be blacklisted
and NIPER Hyderabad may impose any action as per tender rules.
Name :
Business Address :
Signature of Bidder :
Seal of the Bidder :
Date :
Place :
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Price Fall Clause Certificate
(To be submitted in the bidder’s company letter head)
I/We undertake that we have not offered to supply / supplied / are not supplying same or similar
products / systems or sub systems at a price lower than that offered against the Tender
No……………………………………………dtd.……….……………. in respect of any
Organization/Ministry/Department of the Govt. of India or its Subsidiaries or other PSU or any
other private organization during the currency of the contract and if it is found at any stage that
same or similar product/systems or sub systems was supplied by the bidder to any
Organization/Ministry/Department of the Govt. of India or its Subsidiaries or other PSU or any
other private organization at a lower price during the currency of the contract, then that very price
will be applicable to the present case and the difference in the cost would be refunded by the bidder
to buyer, if the contract has already been concluded.
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CERTIFICATE OF NO DEVIATION
[To be given on letter head]
I/We, M/s. hereby certify that notwithstanding any contrary indication / conditions elsewhere in
our offer documents, I/We have neither set any terms and conditions nor there is any deviation
taken from the conditions of NIPER Hyderabad Tender specifications, either technical or
commercial, and I/We agree to all the terms and conditions mentioned in NIPER Hyderabad tender
specification with associated amendments and clarifications.
Date :
Place :
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DECLARATION FOR ACCEPTANCE OF TENDER TERMS AND CONDITIONS
Dated:
To,
The Director,
National Institute of Pharmaceutical Education and Research Hyderabad Balanagar, Hyderabad-500037,
Telangana, INDIA
Ref. Tender No.: NIPER-HYD/NIT/2024-25/01 dated 26/07/2024 for Annual Rate Contract for Supply of
Consumable Items for the financial year 2024-25
Sir/Madam,
I/we carefully gone through the Terms & Conditions as mentioned in the above referred Tender document,
addendum & corrigendum. I/we declare that all the provisions of this Tender are acceptable to my company
unconditionally. I/we further certify that I'm an authorized signatory of my company and am therefore, competent
to make this declaration.
Date:
Place:
Page 26 of 31
INTEGRITY PACT
Between
And
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for
Annual Maintenance Contract for Supply of Chemicals for FY-2024-25. The Principal values full
compliance with all relevant laws of the land, rules, regulations, economic use of resources and of
fairness/ transparency in its relations with its Bidder(s) and/or Contractor(s).
In order to achieve these goals, the Principal has appointed Independent External Monitors (IEM),
[Link]. Gen Abhay Krishna (abhavabk@[Link])
2. Shri Prakash Chandra (prakashchandra59@[Link])
who will monitor the tender process and the execution of the contract for compliance with the
principles mentioned above.
(a) No employee of the Principal, personally or through family members, will in connection
with the tender for, or the execution of a contract, demand, take a promise for or accept,
for self or third person, any material or immaterial benefit which the person is not legally
entitled to.
(b) The Principal will, during the tender process treat all Bidder(s) with equity and reason.
The Principal 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)
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confidential/additional information through which the Bidder(s) could obtain an advantage
in relation to the tender process or the contract execution.
(c) The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal
will inform the Chief Vigilance Officer and in addition can initiate disciplinary action.
(a) The Bidder(s)/Contractor(s) will not, directly or through any other Person or firm, offer,
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 any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
(b) The Bidder(s)/Contractor(s) 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.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act;
further the Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or
personal gain, or pass on to others, any information or document provided by the Principal
as part of the business relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically.
(d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly, the Bidder(s)//Contractors(s) of Indian
Nationality shall furnish the name and address of the foreign principals, if any. Further
(e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments
he has made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
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(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or
be an accessory to such offences.
Section 3 Disqualification from tender process and exclusion from future Contracts
If the Bidder(s)/Contractor(s), before award or during execution has committed a
transgression through a violation of Section 2, above or in any other form such as to put his
reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/Contractor(s) from the tender process or take action as per the procedure mentioned in
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or action can be taken as per the procedure mentioned in on Banning of
business
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders,
Contractors and Subcontractors.
(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate
its provisions.
(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to
all Project documentation of the Principal including that provided by the Contractor. The
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 is under contractual obligation to treat the
information and documents of the Bidder(s) / Contractor(s) / Subcontractor(s) with
confidentiality.
(4) The Principal 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 Principal and the Contractor. The parties offer to the Monitor the option to
participate in such meetings.
(5) As soon as the Monitor notice, or believes to notice, a violation of this agreement, he will so inform
the Management of the Principal and request the Management to discontinue or 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.
(6) The Monitor will submit a written report to the Director, Hyderabad within 8 to 10 weeks from the
date of reference or intimation to him by the Principal and should the occasion arise, submit
proposals for correcting problematic situations.
(7) Monitor shall be entitled to compensation on the same terms as being extended to/provided to
Director, NIPER Hyderabad.
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
Director Hyderabad.
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(2) Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.
(5) A Contractor/Bidder signing the IP Shall not approach the courts while representing the matters to
IEMs and he/she will await their decision in the matter.
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