Para 2 — CONSULT_MANUAL
Original Rule Text
Section 2 – Commitments of the Bidder(s)/ Contractor
(s) 1) The Bidder(s)/ Contractor
(s) commits themselves to take all measures necessary to prevent corruption. The Bidder(s)/ Contractor
(s) commits themselves to observe the following principles during participation in the tender process and the contract execution. a. The Bidder(s)/ Contractor
(s) shall not, directly or through any other person or firm, offer, promise, or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which they are not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or the execution of the contract. b. The Bidder(s)/ Contractor
(s) shall not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal, in violation of the Competition Act, 2002 (as amended from time to time). This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or nonsubmission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the tender process. c. The Bidder(s)/ Contractor
(s) shall not commit any offence under the relevant BNS/ PC Act; further, the Bidder(s)/ Contractor
(s) shall 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)/Contractors
(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 details, as mentioned in the “Guidelines on Indian Agents of Foreign Suppliers,” shall be disclosed by the Bidder(s)/Contractor(s). Further, as mentioned in the Guidelines, all the payments made to the Indian agent/representative must be in Indian Rupees only. Copy of the “Guidelines on Indian Agents of Foreign Suppliers” is placed on Annex hereto. e. The Bidder(s)/ Contractor
(s) shall, when presenting their bid, disclose any and all payments made, is committed to, or intends to make to agents, brokers, or any other intermediaries in connection with the award of the contract. f. Bidder
(s) /Contractor
(s) who have signed the Integrity Pact shall not approach the Courts while representing the matter to IEMs and shall wait for their decision.
2) The Bidder(s)/ Contractor
(s) shall not instigate third persons to commit offences outlined above or be an accessory to such offences.