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Para 9 - Integrity Pact Duration | KartavyaDesk

Non-Consultancy Manual

Original Rule Text

Section 9 – Pact Duration: This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidders, 6 months after the contract has been awarded. Any violation of the same would entail disqualifying the bidders and exclusion from future business dealings.

What This Means

Para 9 of the Manual for Procurement of Non-Consultancy Services deals with the duration of the Integrity Pact. Think of the Integrity Pact as a promise of ethical behavior during the procurement process. This rule essentially defines how long that promise is valid for different parties involved. Once both the government agency and the contractor sign the Integrity Pact, it becomes active.

For the winning contractor, the Pact remains in effect for 12 months after the final payment is made under the contract. This ensures that ethical considerations extend beyond the immediate completion of the work. For all the other companies that bid but didn't win (the other bidders), the Pact expires 6 months after the contract is awarded to the winning bidder. This acknowledges that their involvement in the specific procurement process has concluded. Importantly, breaking the Integrity Pact has serious consequences, including being disqualified from the current bid and potentially being banned from future government contracts.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •The Integrity Pact begins when both parties legally sign it.
  • •For the winning contractor, the Pact lasts 12 months after the last payment.
  • •For unsuccessful bidders, the Pact expires 6 months after the contract award.
  • •Violation of the Pact leads to disqualification and potential exclusion from future business.
  • •This rule ensures ethical conduct throughout the procurement process and beyond.

Practical Example

The Ministry of Textiles awards a contract to 'WeaveWell Pvt. Ltd.' for supplying uniforms worth ₹50 lakhs. The Integrity Pact is signed on January 1, 2024. The final payment to WeaveWell is made on December 31, 2024. Therefore, the Integrity Pact remains in effect for WeaveWell until December 31, 2025. 'ThreadStrong Industries' was another bidder who lost out on the contract. For ThreadStrong, the Integrity Pact expires 6 months after January 1, 2024, i.e., on July 1, 2024. If either WeaveWell or ThreadStrong is found to have engaged in corrupt practices during the bidding process or execution of the contract (in WeaveWell’s case, within the stipulated timeframe), they would face disqualification and potential blacklisting.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What happens if the contract is terminated before the last payment?▼
The 12-month period for the contractor starts from the date of the last payment made, even if the contract is terminated early. The Integrity Pact remains in effect for that duration.
Does this rule apply to all types of government contracts?▼
This rule specifically applies to procurement of Non-Consultancy Services where an Integrity Pact is part of the bidding document. Refer to the specific tender document to confirm if an Integrity Pact is applicable.
What constitutes a violation of the Integrity Pact?▼
A violation includes any act of corruption, bribery, collusion, or any other unethical practice that compromises the fairness and transparency of the procurement process. This is usually defined in the Integrity Pact document itself.
Who is responsible for enforcing the Integrity Pact?▼
The government agency awarding the contract is responsible for monitoring and enforcing the Integrity Pact. They may also involve external agencies for investigation if necessary.
If a bidder is disqualified, can they appeal the decision?▼
The tender document and the Integrity Pact itself will usually outline the process for appealing a disqualification decision. It's important to refer to those documents for specific details.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Para 9 of the Manual for Procurement of Non-Consultancy Services, when does the Integrity Pact come into effect?

Related Rules

Para 3.2Manual for Procurement of Non-Consultancy Services, 2025 - Para 3.2 - Chapter 3Para 4.1.1Manual for Procurement of Non-Consultancy Services, 2025 - Para 4.1.1 - Chapter 3Para 4.2.3Manual for Procurement of Non-Consultancy Services, 2025 - Para 4.2.3 - Chapter 3Para 4.4Manual for Procurement of Non-Consultancy Services, 2025 - Para 4.4 - Chapter 3Para 6.8Manual for Procurement of Non-Consultancy Services, 2025 - Para 6.8 - Chapter 6

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