RUGGEDIZED TABLET PC WITH EMBEDDED …intra.itiltd-india.com/bgp/tenders/Expression of Interest...

Ref: ITI/BGP/BD&M/EOI/RUGGEDIZEDTABLET PC Date: 10-08-2017

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Expression of Interest

For Empanelment of technology partners for

RUGGEDIZED TABLET PC WITH EMBEDDED

BIOMETRIC SYSTEM

ITI Limited

Bangalore Plant


Page 2 of 21

PART 1

INTRODUCTION

ITI Limited, a Public Sector Undertaking under the Department of Telecommunications,

Ministry of Communications & IT, is a leading Telecom equipment manufacturer and solution

provider in India. The major customers are BSNL, MTNL, Defence, Paramilitary forces and

Railways.

ITI seeks the partnership from Reputed Technology Providers for back to back

business of RUGGEDIZED TABLET PC WITH EMBEDDED

BIOMETRIC SYSTEM as per the list at Annexure-1.

Initially, ITI may procure fully finished equipments from the partner for initial

supplies and for evaluation.

ITI will opt for manufacturing at ITI with SKD/CKD kits depending on

feasibility in the subsequent phases.

The Technology Partner shall be ready to support ITI for all Purchase orders of

customers for bidding / supply of RUGGEDIZED TABLET PC WITH

EMBEDDED BIOMETRIC SYSTEM.

Product support to be provided for minimum 5 years.

With this background, ITI invites business proposal from Technology providers of

RUGGEDIZED TABLET PC WITH EMBEDDED BIOMETRIC SYSTEM who are

fulfilling the following conditions to address business opportunity for the said product.

PART 2

SCOPE OF THE WORK

ITI plans to address RUGGEDIZED TABLET PC WITH EMBEDDED BIOMETRIC

SYSTEM business opportunities coming from State / UT, Defence, Police Departments,

Public sector undertakings etc. Through this EoI ITI intends to partner with OEMs with

experience of Design, Supply, Installation, Commissioning and Maintenance of

RUGGEDIZED TABLET PC WITH EMBEDDED BIOMETRIC SYSTEM

(“RUGGEDIZEDTABLET PC”). Initially, ITI wants to take up the project on a back-to-

back business model wherein ITI would be the lead bidder for participation in RFP / Tender

etc. and after getting Work Order / PO from Customer, the whole work would be given to

selected partner for execution on back to back basis i.e. the selected partner will execute all the

works as per terms & conditions of Customer’s Work order / PO ITI also intends to

manufacture some of these products at a later stage after analysing the technical feasibility and

commercial viability by utilizing the infrastructure and human resources available with ITI.

With this background, ITI invites proposal from OEMs or an Indian Registered Companies

having technology tie-up with an Original Equipment Manufacturer, hereinafter referred to as

“Bidder”, to address customer specific applications and various /RFP/Tenders for

RUGGEDIZED TABLET PC WITH EMBEDDED BIOMETRIC SYSTEM. A separate

MOU will be signed between the selected partner & ITI.


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PART 3

CRITICAL INFORMATION

Submission of a proposal in response to this notice shall be deemed to have been done after

careful study and examination of this document with full understanding of its terms, conditions

and implications.

Sl.

No.

Information Details

1. EOI Ref. and Date ITI/BGP/BD&M/EOI/RUGGEDIZEDTABLET PC

Dated 11-08-2017

2. Last date for submission of

written queries for clarifications

26-09-2017

3. Release of response to

clarifications

on www.itiltd-india.com

29-09-2017

4. Last date for submission of EOI

proposal

06-10-2017

5. Address at which proposal in

response to EOI is to be

submitted

DGM (MM)

Bangalore Plant,

ITI limited, Doorvaninagar

Bangalore - 560 016.

Phone No.: 080 - 28503662

6. Opening of responses / EOI 07-10-2017

PART 4

ELIGIBILITY CONDITIONS

1. The Bidder shall have the design capability for the RUGGEDIZED TABLET PC

WITH EMBEDDED BIOMETRIC SYSTEM as per the list enclosed at Annexure-I

of this EOI to enable ITI to manufacture, supply and maintenance of RUGGEDIZED

TABLET PC WITH EMBEDDED BIOMETRIC SYSTEM for various customers.

Proof for design capability shall be enclosed.

2. The bidder should be registered Indian Company having In-house R&D facility in

India. Details about R&D facility to be enclosed.

3. The Bidder shall have support centre in Bangalore. If not already having, should submit

undertaking to open the facility within 3 months after signing the MoU.

4. The Bidder shall have a sound financial background with cumulative turnover of Rs.5

Cr for the last 3 years. Audited Balance sheet for 3 years to be enclosed.

5. The Bidder shall have sufficient manpower to carry out the R&D, TOT activities.

Technical Manpower list with qualification to be enclosed.

6. The Bidder shall not be black listed by any Govt. Agency.


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PART 5

GENERAL CONDITIONS

1. Bidders shall send their proposal in single sealed cover to the following address:

DGM (MM)

Bangalore Plant,



Phone No.: 080 - 28503662

E - Mail: [email protected]

2. Period of Validity of offers: The offer shall remain valid for a period of at least 180

days from the due date of bid submission. Offers valid for a shorter period shall be

rejected.

3. The last date for receiving the proposal 06-10-2017 16.00 hrs.

4. In case the date of submission of bid is declared to be a holiday, the bid may be

submitted on the next working day of ITI.

5. In case there are any clarifications on this notification, please contact DGM (MM) at

[email protected].

6. Late offer: Any offer received after the prescribed timeline shall be rejected and shall

be returned unopened to the vender.

7. Language of offers: The offers prepared by the vendor and all the correspondences and

documents relating to the offers exchanged by the vendor, shall be in English language.

8. Award of Contract: After completing evaluation and selection of Technology Partner

based on the offer and further negotiations, if any, ITI shall enter into a TOT agreement

and Memorandum of Understanding with the vendor after which both parties viz., ITI

and the vendor shall further pursue tenders/ orders with customers.

9. Currency of Purchase Order: ITI will place Purchase Order on Bidder in INR. Any

foreign exchange variation shall be borne by the Bidder.

10. Liquidated Damages/Penalty: LD/penalty incurred on account of short closure of order,

delay in supply, technical evaluation, installation, Site acceptance test, system

commissioning, product failure during warranty if any and deficiency in Warranty and

AMC services (attributable to the bidder) shall be borne by the bidder.

11. Authorized Signatory: All certificates and documents received as part of the offer shall

be signed by the Authorized Representative (signing is not mandatory for technical

manuals or documentation). The power or authorization, or any other document

consisting of adequate proof of the ability of the signatory to bind the vendor shall be

submitted if demanded by ITI.

12. ITI reserves the right to suspend or cancel the EoI process at any stage, to accept, or

reject any, or all offers at any stage of the process and / or to modify the process, or any

mailto:[email protected]



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part thereof, at any time without assigning any reason, without any obligation or

liability whatsoever.

13. Cost of EOI: The vendor shall bear all costs associated with the preparation and

submission of its EOI, including cost of presentation for the purposes of clarification

of the offer, if so desired by ITI. ITI will in no case be responsible or liable for those

costs, regardless of the conduct or outcome of the EOI process.

14. The Vendor shall be ready to give clarifications on any part of the offer to ITI.

15. Amendment of EOI: At any time prior to the last date for receipt of offers, ITI, may,

for any reason, whether at its own initiative or in response to a clarification requested

by a prospective vendor, modify the EOI document by an amendment. In order to

provide prospective vendor reasonable time in which to take the amendment into

account in preparing their offers, ITI may, at their discretion, extend the last date for

the receipt of offers and/or make other changes in the requirements set out in the

Invitation for EOI.

16. Disclaimer: ITI and/or its officers, employees disclaim all liability from any loss or

damage, whether foreseeable or not, suffered by any person acting on or refraining from

acting because of any information including statements, information, forecasts,

estimates or projections contained in this document or conduct ancillary to it whether

or not the loss or damage arises in connection with any omission, negligence, default,

lack of care or misrepresentation on the part of ITI and/or any of its officers, employees.

PART 6

BID DOCUMENTS

1. The Bid documents will be available online through ITI portal www.itiltd-india.com

and https://eprocure.gov.in/cppp/

2. The offers shall be submitted in a single cover (clearly marked as “EOI for

Empanelment of technology partners for RUGGEDIZED TABLET PC WITH

EMBEDDED BIOMETRIC SYSTEM” which shall contain the following two sealed

covers inside.

3. The first cover (clearly marked as Technical BID) shall contain the following

documents: -

a) Clause-by-clause compliance to Annexure I for RUGGEDIZED TABLET PC

WITH EMBEDDED BIOMETRIC SYSTEM given in the Technical

Requirements of this EOI.

b) Supporting Documents for Technical Bid as per Annexure II and

c) Pre-Contract Integrity Pact duly signed as per format given in Annexure IV

4. The second cover (clearly marked as Commercial Bid) shall contain

a) Compliance for Commercial Bid as per Annexure III

http://www.itiltd-india.com/

https://eprocure.gov.in/cppp/


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PART 7

EVALUATION PROCESS

1. Each Agency shall submit their proposals which includes both technical and

commercial Bid.

2. ITI will constitute an Evaluation Committee to evaluate the responses of the applicants.

3. The Evaluation Committee constituted by ITI shall evaluate the responses to the EOI

and all supporting documents & documentary evidence. The committee may seek

additional documents as it deems necessary.

4. Each of the responses shall be evaluated to validate competence of the applicant

according to the supporting documents specified in this document.

5. The decision of the Evaluation Committee in the evaluation of responses to the

Expression of Interest shall be final. No correspondence will be entertained outside the

evaluation process of the Committee.

6. The Evaluation Committee reserves the right to reject any or all proposals.

PART 8

QUERIES

1. All queries may be sent to the following Officer of ITI by post, or e-mail

on or before 26-09-2017.

DGM (MM)

Bangalore Plant,



Phone No.: 080 - 28503662

E - Mail: [email protected]

2. All enquiries / clarifications from the Applicants, related to this EOI, must be directed

in writing exclusively to the contact person(s) notified in PART 8 Sl. No.1. Enquiries

received after the due date shall not be entertained.

3. The preferred mode of delivering questions is through e-mail. Telephonic responses, if

sought for, shall not be treated as valid responses. The queries by the applicants shall

be raised in the following format.

Sl. NO. Page No. Clause of The EOI Clarification needed



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PART 9

RESPONSES TO PRE-SUBMISSION QUERIES & ISSUE OF CORRIGENDUM

1. After distribution of the EOI, the contact person notified by ITI will begin accepting

written questions from the applicants. ITI will endeavour to provide timely response to

all queries. However, ITI makes no representation or warranty as to the completeness

or accuracy of any response made in good faith, nor does ITI undertake to answer all

the queries that have been posed by the applicants. The responses to the queries from

all Applicants will be posted online on www.itiltd-india.com by 29-09-2017.

2. At any time prior to the last date for receipt of EOI, ITI may, for any reason, whether

at its own initiative or in response to a clarification requested by a prospective applicant,

modify the EOI document by a corrigendum.

3. The corrigendum (if any) shall be posted only online at www.itiltd-india.com and


4. Any such corrigendum shall be deemed to be incorporated into this EOI.

5. In order to provide prospective applicants reasonable time for taking the corrigendum

into account, ITI may, at its discretion, extend the last date for the receipt of EOI

proposals which shall again be notified online through ITI portal www.itiltd-india.com

and https://eprocure.gov.in/cppp/

PART 10

TECHNO- COMMERCIAL CONDITIONS

1. Willingness to provide clause-by-clause compliance to Customer specifications and

any other technical requirements called for in their RFI / RFP / Tenders / PO as and

when released by different agencies/Customers.

2. Willingness to support ITI on Back to back terms for addressing all the

RFI/RFP/Tender/PO conditions of customers as and when these are released.

3. Willingness to support ITI on Back to back terms for supply, installation &

commissioning, maintenance, warranty, repair and AMC and all other support as

required for the offered Products / Services / Spares etc. as per Tender / PO requirement.

4. Based on the feasibility, if ITI desires, the bidder shall be ready for Transfer of

Technology (ToT) to ITI to manufacture the Equipment at SKD level and at CKD level

at a later stage. Transfer of Technology shall include, but not limited to, supply of

proprietary items (SKD or CKD form), ‘Training’, ‘Manufacturing Documentation’,

‘Process Documentation’, ‘Technical Support’, Warranty, AMC, Repair and

maintenance Support and all other support as required.

5. Willingness to provide, EMD (Earnest Money Deposit) and PBG (Performance Bank

Guarantee) as per RFP / Tender / PO Terms and conditions of Customer.






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6. Shall agree to bear LD (Liquidated Damages), penalties and any other recovery /

deduction, if any imposed by the customer as per RFP / Tender / Work Order /Purchase

Order conditions during back-to-back business.

7. Shall accept payment terms of the Customer on back to back basis i.e., ITI would release

the payment to the Partner only on receipt of payment from the Customer and after

deducting ITI’s margin, LD, penalties and any other recovery / deduction as imposed

by the Customer.

8. The bidder shall agree to provide Field Trial / Proof of Concept (PoC) on NCNC (No

Cost No commitment) basis in case Customer demands, and shall supply all equipments

on temporary basis free of cost, as required for the Field Trial / Proof of Concept (PoC),

Demonstration, Testing and Evaluation of the product by ITI or by Customer.

9. Shall provide all technical / field support during evaluation & the related expenditure

has to be borne by the bidder.

10. After technical scrutiny and evaluation, the partner will be selected by ITI for

addressing future business in India on an exclusive basis.

11. Bidder should have its own offices on PAN India basis with suitable technical hands

positioned to take care of installation, commissioning, maintenance etc.

PART 11

SPECIAL CONDITIONS

1. The bidder shall be an Original Equipment Manufacturer of RUGGEDIZED

TABLET PC WITH EMBEDDED BIOMETRIC SYSTEM either in India or abroad

or an Indian Registered Company having technology tie-up with an Original Equipment

Manufacturer of RUGGEDIZED TABLET PC WITH EMBEDDED BIOMETRIC

SYSTEM for providing turnkey solutions for RUGGEDIZED TABLET PC WITH

EMBEDDED BIOMETRIC SYSTEM in India. If the bidder is not an OEM, then he

must have technical tie up with OEM with manufacturing facility established in India.

Documents supporting the same are to be submitted.

2. The bidder shall have experience in providing turnkey solutions for RUGGEDIZED

TABLET PC WITH EMBEDDED BIOMETRIC SYSTEM or related equipments

in India or across the globe either directly or through authorized agency in last 5 years.

The details of the projects executed by the bidder in India shall be given in the bid

document. The bidder or its authorized agency as applicable should also be in

possession of required licenses from statutory bodies for providing turnkey solutions

for RUGGEDIZED TABLET PC WITH EMBEDDED BIOMETRIC SYSTEM in

India.

3. If the bidder is from outside India, then he must have an authorized agency in India

[must be an Indian Registered Company] for providing turnkey solutions for


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RUGGEDIZED TABLET PC WITH EMBEDDED BIOMETRIC SYSTEM along

with related system in India i.e. to take care of execution of works as per Customers

requirements including field survey, marketing, supply, installation & commissioning,

maintenance, warranty, AMC, repairs etc. Such authorized agency should be in

operation in India for at least 3 years as on date of EOI. Such authorized agency, once

notified - shall not be changed by the bidder, without the approval of ITI.

4. If the bidder is an OEM, either Indian or foreign, and not able to provide turnkey

solutions for RUGGEDIZED TABLET PC WITH EMBEDDED BIOMETRIC

SYSTEM on its own, shall submit supporting documents for having agreement with

their authorized agency [must be an Indian Registered Company] in India who will be

responsible for execution of the work on behalf of OEM in India.

5. Copies of audited annual reports & accounts of Profit & Loss statements of the

company shall be submitted for the last three years.

6. The bidder shall be an ISO 9000 & ISO 14000 or equivalent certified company and

shall submit copies of valid certificates.


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Annexure – I

TECHNICAL REQUIREMENTS - RUGGEDIZED TABLET PC WITH EMBEDDED

BIOMETRIC SYSTEM

Sl.

No. Description Specification Compliance

System

1 Processor Quad Core, 1.2 GHz minimum

2 RAM 1GB minimum

3 Internal

Memory 8GB minimum

4 Micro SD Card To support up to 32GB

5 Display 7" TFT, Capacitive, 5 multipoint touch screen

6 Resolution 1024 * 600

7 GPS GPS

8 Operating

System Android 6.0 minimum

9 Language Display rendering and text input in regional

languages

10 Battery Type 4500 mAH minimum

Multimedia

1 Back Camera 5 Mega Pixel minimum

2 Front Camera 0.3Mega Pixel minimum

3 Video Format MPEG-4, H.263, H.264, Windows media

4 Audio Format MP3, WMA, WAV

5 Audio I/O Microphone and High-amplitude speakers

Features to be supported (Configurable based on customer needs)

1 Finger Print

Scanner

STQC certified optical sensor

ISO SC37, ISO 19794-2/4, ANS/INCITIS 378

template formats

UIDAI Aadhaar compliant

500 dpi resolution

capture area 14mm x 22mm

2 Thermal Printer

(2”)

Multiple fonts, bar code and graphics.

Resolution of 0.125 mm dots (8 dots/mm)


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3 Smart Card

Readers (Dual) ISO 7816-1/2/3/4

4 Magnetic Card

Reader

ISO/IEC 7813 supported cards

3 Track Bi-directional card swipe

5 Iris Scanner

(External)

ISO 19794-6 Standard

640 x 480 Pixels per eye

8 bit Grayscale

6 SAM 2 slots

7 Pin Pad

(External)

Shall Include Smartcard / Magnetic swipe.

EMV Level 1 & Level 2,

PCI PED certified

8

QWERTY

Keyboard

(External)

Hard keyboard built in to the leather carry case

9 Other Features

RFID,

Barcode scanner

NFC

10 SIM Dual SIM slots

11 3G WCDMA 2100, HSDPA, UMTS

12 2G Quad Band (GSM850/900/1800/1900 ), EDGE,

GPRS Class 12

13 Wi-Fi WIEEE 802.11b/g/n 14 channels

14 Bluetooth v4.0

15 USB Ports 2 Micro-USB Host ports and 1 Mini-USB port

Device Support & Mechanical Specs

1 Remote

Terminal Mgmt.

Subscription based centralized management of field

devices

2 Payment

Transactions Accepts Debit/Credit & Charge cards

3 Dimensions Length – 26cm, Width – 14cm, Thickness – 3.5cm

(min)

4 Weight not more than 900g

5 Carry Case Dust & water resistant leather carry case with strap

Ruggedization

1 Drop test Should withstand Multiple drops and tumbles from

table top on concrete


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2 Drop Height Should withstand Min.6 drops from 6 feet

3 Ingress

Protection

IP 50 - dust proof

External IP56 field carry case - water and dust

proof

4 Screen thickness 1.5x thicker touch screen for durability


Page 13 of 21

Annexure – II

Documents in support of meeting the eligibility conditions

(Please fill details and enclose supporting documents wherever required & applicable.)

Sl. No. Description Remarks Page No.

1 Name of the Company

2 Contact Details ( Name, Designation, Landline / Mobile No.

, Email id , FAX No. , website etc. )

3 Organization Profile

4 Certificate of Incorporation / Registration details

5 Articles & Memorandum of Association with CIN No.

6 Area of Business for which firm is registered

7 Audited Annual Report / Accounts of P&L statements for

the financial years (2013-14, 2014-15 & 2015-16)

8 Annual turnover for the Financial years as per audited

Accounts (2013-14, 2014-15 & 2015-16)

9 Net worth as per Audited Accounts for the Financial Year

(2015-16)

10 GST Registration certificate

11 Copy of PAN certificate

12 Copy of IT returns filed during the past three years

13 Solvency Certificate issued by any scheduled bank during

the last 6 months

14 Whether the company is OEM or Technology Partner

/Letter from OEM in favour of the signatory.

15 Previous experience of handling similar projects / works

(a) Details of POs Executed (Sample PO copies to be enclosed)

(b) Copy of Performance / Completion Certificates issued by

Customer, if any

16 Previous Experience with ITI Limited, if any

17 Acceptance to bear the cost / expenses related to tender and

customer orders.


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18 Acceptance for all terms and conditions of customer in case

of Back to Back basis.

19 Acceptance to partner with ITI on exclusive basis to address

the tender of the subject related projects during the contract

period with ITI for back-to-back business model

20 Willingness to execute MOU as per mutually agreed terms

& conditions.

21 Willingness for life-time product support with AMC. i.e.

Repair, Replacement and Spares as per customer

requirement.

22 Willingness to incorporate necessary up-

gradations/modifications in hardware / software by OEM

either on its own for improvements or in accordance to the

customer requirements, as per tender terms.

23 Willingness to execute TOT agreement as per mutually

agreed terms & conditions. (valid for 5 years )

24 Acceptance to work out the price at the competitive rate

jointly with ITI to address tenders / proposals.

25 Acceptance to get Third party certification of the product as

per customer requirement at your own cost

26 Man Power Details

(a) Technical

(b) Non-Technical

27 The infrastructure details (like machinery, instruments etc.)

28 Not Black listed certificate (undertaking).

29 ISO certificate.

30 Details of support centre in Bangalore.

31 Acceptance to set up Field trial / Proof of Concept (PoC) at

site in case of customer requirement on No Cost No

Commitment (NCNC) basis

32 Any legal cases pending against the company? If any,

details to be furnished.

33 If bidder is a foreign company, details of its Indian office /

Authorised agency in India should be provided


Page 15 of 21

Annexure – III

Commercial Requirements

Sl.

No.

Description Remarks Page No.

1 Name of the Organization (Company / Partnership firm

/Proprietorship concern, etc.)

2 Acceptance for payment 100% on back to back terms as

per end customer’s tender and/or purchase order terms. i.e.,

payment will be made on receipt of payment from the end

customer.

3 Acceptance for Submission of EMBG, PBG etc.: The

Technology Partner shall be ready to submit EMBG, PBG

etc. as per end Customer’s tender/PO directly to the

customer.

4 Bidder shall agree for payment of any Liquidated Damages

(LD) or any other penalties imposed by the Customers on

account of delay or deficiency of service or any other

reason attributable to the bidder.

5 Bidder shall give training to concerned ITI officials &

Customers both at ITI premises and OEM’s premises free

of cost.

6 Bidder shall agree modify / update software according to

the customer requirement free of cost during the contract

period.

7 Bidder shall agree to support ITI for all the terms and

conditions of the Purchase Orders from Customers.

8 Bidder shall agree to handle and bear the cost in case of

any legal consequences due to IP/license of hardware /

software installed for the services mentioned in the EoI.

9 Bidder shall agree to obtain relevant Statutory licenses for

operational activities, wherever applicable.

10 Bidder shall agree that the projects initiated during the

contract period, will be completed in all respects including

AMC, contract obligation with the customer, even if the

partnership with ITI is over. Similarly legal formalities /

legal cases if any will be supported by the bidder till the

end of settlement of all issues.

11 Margin offered to ITI as percentage of customer order

value (excluding all taxes and duties) in case of back to

back business model.


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Annexure – IV

Pre-Contract Integrity Pact

This pre-bid pre-contract agreement (hereinafter called the Integrity Pact) is made on day of

………….... the month of …….. , between, ITI Limited, Dooravaninagar, Bangalore –

560016, India, (hereinafter called the "BUYER", which expression shall mean and include,

unless the context otherwise requires, his successors in office and assigns) of the First Part

and M/s

…………….……. (Address of the Bidder) (Hereinafter called the "BIDDER” which

expression shall mean and include, unless the context otherwise requires, his successors and

permitted assigns) of the Second Part.

WHEREAS the BUYER proposes to invite Expression of Interest (EoI) for selection /

empanelment of technology partner for a technical tie-up with ITI for the

marketing/manufacturing of

……………….….. (Name of the product) and the BIDDER is willing to participate in the EoI

as per the terms and conditions mentioned thereon;

WHEREAS the BIDDER is a private company/public company/Government

undertaking/partnership company (strike off whichever is not applicable), constituted in

accordance with the relevant law in the matter and the BUYER is a PSU under the Department

of Telecommunications, Ministry of Communications & IT, Government of India.

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 BUYER to select/ empanel a technology partner for the marketing/ manufacturing

of …. (name of the product) through the EoI in a transparent and corruption free manner, and

Enabling BIDDERs 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 BUYER 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:

1. Commitments of the BUYER

1.1 The BUYER undertakes that no official of the BUYER, 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, 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.


Page 17 of 21

1.2 The BUYER will during the pre-contract stage, treat all BIDDERs alike, and will provide

to all BIDDERs the same information and will not provide any such information to any

particular BIDDER which could afford an advantage to that particular BIDDER in

comparison to other BIDDERs.

1.3 All the officials of the BUYER will report to the appropriate Government office any

attempted or completed breaches of the above commitments as well as any substantial

suspicion of such a breach.

2 In case any such preceding misconduct on the part of such official(s) is reported by the

BIDDER to the BUYER with full and verifiable facts and the same is prima facie found

to be correct by the BUYER, necessary disciplinary proceedings, or any other action as

deemed fit, including criminal proceedings may be initiated by the BUYER and such a

person shall be debarred from further dealings related to the contract process. In such a

case while an enquiry is being conducted by the BUYER the proceedings under the

contract would not be stalled.

3 Commitments of BIDDER

3.1 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:-

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 BUYER, connected

directly or indirectly with the bidding process, or to any person, organisation or third

party related to the contract in exchange for any advantage in the bidding, evaluation,

contracting and implementation of the contract.

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 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 any other

contract with the Government for showing or forbearing to show favour or disfavour to

any person in relation to the contract or any other contract with the Government.

c) BIDDERs shall disclose the name and address of agents and representatives and Indian

BIDDERs shall disclose their foreign principals or associates.

d) BIDDERs shall disclose the payments to be made by them to agents/ brokers or any other

intermediary, in connection with this bid/contract.

e) The BIDDER further confirms and declares to the BUYER that the BIDDER is the

original manufacturer/ integrator 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

BUYER or any of its functionaries, whether officially or unofficially to the award of the


Page 18 of 21

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.

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 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.

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 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.

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 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.

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 BUYER.

4 Previous Transgression

4.1 The BIDDER 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

Enterprise in India or any Government Department in India that could justify BIDDER's

exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be

disqualified from the tender process or the contract, if already awarded, can be

terminated for such reason.


Page 19 of 21

5 Sanctions for Violations

5.1 Any breach of the aforesaid provisions by the BIDDER or anyone employed by it or

acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle

the BUYER to take all or any one of the following actions, wherever required:-

a) To immediately call off the pre contract negotiations without assigning any reason

or giving any compensation to the BIDDER. However, the proceedings with the

other BIDDER(s) would continue.

b) To immediately cancel the contract, if already signed, without giving any

compensation to the BIDDER.

c) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be

liable to pay compensation for any loss or damage to the BUYER resulting from

such cancellation/rescission.

d) To recover all sums paid in violation of this Pact by the BIDDER(s) to any

middleman or agent or broker with a view to securing the contract.

5.2 The BUYER will be entitled to take all or any of the actions mentioned above, also on

the Commission by the BIDDER or anyone employed by it or acting on its behalf

(whether with or without the knowledge of the BIDDER), of an offence as defined in

Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any

other statute enacted for prevention of corruption.

5.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has

been committed by the BIDDER shall be final and conclusive on the BIDDER. However,

the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this

Pact.

6 Independent Monitors

6.1 The BUYER appoints Independent Monitor (hereinafter referred to as Monitor) for this

Pact in consultation with the Central Vigilance Commission.

6.2 The task of the Monitor shall be to review independently and objectively, whether and

to what extent the parties comply with the obligations under this Pact.

6.3 The Monitor shall not be subject to instructions by the representatives of the parties and

perform their functions neutrally and independently.

6.4 Both the parties accept that the Monitor have the right to access all the documents

relating to the project/procurement, including minutes of meetings.

6.5 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 BUYER.

6.6 The BIDDER(s) accept(s) that the Monitor has the right to access without restriction to

all Project documentation of the BUYER including that provided by the BIDDER. The


Page 20 of 21

BIDDER will also grant the Monitor, upon his request and demonstration of a valid

interest, unrestricted and unconditional access to his project documentation. The Monitor

shall be under contractual obligation to treat the information and documents of the

BIDDER with confidentiality.

6.7 The BUYER 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 parties. The parties will offer to the Monitor the

option to participate in such meetings.

6.8 The Monitor will submit a written report to the designated Authority of BUYER within

8 to 10 weeks from the date of reference or intimation to him by the BUYER I BIDDER

and, should the occasion arise, submit proposals for correcting problematic situations.

7 Facilitation of Investigation

7.1 In case of any allegation of violation of any provisions of this Pact or payment of

commission, the BUYER or its agencies shall be entitled to examine all the documents

including the Books of Accounts of the BIDDER and the BIDDER shall provide

necessary information and documents in English and shall extend all possible help for

the purpose of such examination.

8 Law and Place of Jurisdiction

8.1 This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat

of the BUYER.

9 Other Legal Actions

9.1 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.

10 Validity

10.1 The validity of this Integrity Pact shall be from date of its signing and extend up to the

contract period with the BUYER in case a contract is signed. In case BIDDER is

unsuccessful, this Integrity Pact shall expire after six months from the date of the signing

of the contract.

10.2 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.

11 The parties hereby sign this Integrity Pact.


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BUYER BIDDER

Name of the Officer. CHIEF EXECUTIVE

OFFICER

Designation M/s …. (address)

ITI Limited (address)

Place: Place:

Date: Date:

Witness:

1. ……….. 1. …………

2. ……….. 2. …………

Date post:	14-Mar-2018
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