7. Providing services for Industrial Canteen at ONGC Mangalore ...

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(3) The Bidder accepts and undertakes to respect and uphold the principal's absoluteright to resort to and impose such exclusion and further accepts and undertakes notto challenge or question such exclusion on any ground, including the lack of anyhearing before the decision to resort to such exclusion is taken. This undertaking isgiven freely and after obtaining independent legal advice.(4) If the Bidder / Contractor can prove that he has restored / recouped the damagecaused by him and has installed a suitable corruption prevention system, theprincipal may revoke the exclusion prematurely.Section 4 - Compensation for Damages(1) If the Principal has disqualified the Bidder from the tender process prior to the awardaccording to Section 3, the Principal is entitled to demand and recover from theBidder liquidated damages equivalent to Earnest Money Deposit / Bid Security.(2) If the Principal has terminated the contract according to Section 3, or if the Principalis entitled to terminate the contract according to Section 3, the Principal shall beentitled to demand and recover from the Contractor liquidated damages equivalentto Security Deposit / Performance Bank Guarantee.(3) The bidder agrees and undertakes to pay the said amounts without protest or demursubject only to condition that if the Bidder / Contractor can prove and establish thatthe exclusion of the Bidder from the tender process or the termination of thecontract after the contract award has caused no damage or less damage than theamount of the liquidated damages, the Bidder / Contractor shall compensate theprincipal only to the extent of the damage in the amount proved.--------------------------------- ------------------------------------For "The Principal"For "The Bidder/Contractor"Section 5 - Previous transgression(1) The Bidder declares that no previous transgressions occurred in the last 3 years withany other Company in any country conforming to the TI approach or with any otherPublic Sector Enterprise in India that could justify his exclusion from the tenderprocess.(2) If the Bidder makes incorrect statement on this subject, he can be disqualified fromthe tender process or the contract, if already awarded, can be terminated for suchreason.Section 6 - Equal treatment of all Bidders / Contractors / Subcontractors(1) The Bidder / Contractor undertakes to demand from all subcontractors acommitment in conformity with this Integrity Pact, and to submit it to the Principalbefore contract signing(2) The Principal will enter into agreements with identical conditions as this one with allBidders, Contractors & Subcontractors.(3) The Principal will disqualify from the tender process all bidders who do not sign thispact or violate its provisions.Page 72 of 74
Section 7 - Criminal charges against violating Bidders / Contractors / SubcontractorsIf the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of anemployee or a representative or an associate of a Bidder, Contractor or Subcontractor whichconstitutes corruption, or if the Principal has substantive suspicion this regard, the Principal willinform the Vigilance Office.Section 8 - External Independent Monitor / Monitors (three in number depending onthe size of the contract)(to be decided by the Chairperson of the Principal)(1) The Principals appoints competent and credible external independent Monitor for thisPact. The task of the Monitor is to review independently and objectively, whetherand to what extend the parties comply with the obligations under this agreement.(2) The Monitor is not subject to instructions by the representatives of the parties andperforms his functions neutrally and independently. He reports to the Chairperson ofthe Board of the Principal.(3) The Contractor accepts that the Monitor has the right to access without restriction toall project documentation of the Principal including that provided by the Contractor.The Contractor will also grant the Monitor, upon his request and demonstration of avalid interest, unrestricted and unconditional access to his project documentation.The same is applicable to Subcontractors. The Monitor is under contractualobligation to treat the information and documents of the Bidder / Contractor /Subcontractor with confidentiality.(4) The Principal will provide to the Monitor sufficient information about all meetingsamong the parties related to the Project provided such meetings could have animpact on the contractual relations between the principal and the Contractor. Theparties offer to the Monitor the option to participate in such meetings.(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement,he will so inform the Management of the Principal and request the Management todiscontinue or heal the violation, or to take other relevant action. The monitor canin this regard submit non-binding recommendations. Beyond this, the Monitor hasno right to demand from the parties that they act in a specific manner, refrain fromaction or tolerate action. However the Independant External Monitor shall give anopportunity to the bidder / contractor to present their case before making itsrecommendation to the Principal.--------------------------------- ------------------------------------For "The Principal"For "The Bidder/Contractor"(6) The Monitor will submit a written report to the Chairperson of the Board of thePrincipal 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 problematicsituations.(7) Monitor shall be entitled to compensation on the same terms as being extendedto/provided to Outside Expert Committee members/Chairman as prevailing withPrincipal.Page 73 of 74
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ONGC MANGALORE PETROCHEMICALS LTD.2
Page 4 and 5:
PART-2Price bid shall contain only
Page 6 and 7:
14. Amendment of Bidding Document:O
Page 8 and 9:
1. GENERAL GUIDELINES:Section I Gen
Page 10 and 11:
the CONTRACTOR to obtain a certific
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imported consignments. For Indigeno
Page 14 and 15:
30. MODIFICATION & WITHDRAWAL OF BI
Page 16 and 17:
49. REJECTION, REMOVAL OF REJECTED
Page 18 and 19:
of the happenings of any such event
Page 20 and 21:
71. CONTRACTOR'S LABOURERS TO LEAVE
Page 22 and 23: certificate in their Bill that PF a
Page 24 and 25: 104. The contractor shall strictly
Page 26 and 27: serially numbered and signed on all
Page 28 and 29: A self certified copy to this effec
Page 30 and 31: together with employer's contributi
Page 32 and 33: Inspection and acceptance of the wo
Page 34 and 35: 25. INSURANCEOwner shall at its own
Page 36 and 37: employed by the contractor are requ
Page 38 and 39: Section II (Formats for Credentials
Page 40 and 41: Appendix-IIA. Declaration regarding
Page 42 and 43: guarantee will cease. However, if s
Page 44 and 45: 5) NOTWITHSTANDING anything herein
Page 46 and 47: APPENDIX VIVENDOR FORM FOR ELECTRON
Page 48 and 49: SECTION IIIBID EVALUATION CRITERIA1
Page 50 and 51: 2. The timings for the meals and pr
Page 52 and 53: 17. Custurd Powder Brown and Poison
Page 54 and 55: l. In case OMPL desires to include
Page 56 and 57: ANNEXURE - III - CANTEEN MENUBreakf
Page 58 and 59: 3. No cooking is permitted on the p
Page 60 and 61: 21. The service provider must provi
Page 62 and 63: agreement to any other party. The C
Page 64 and 65: 15. The Caterers shall ensure that
Page 66 and 67: 5. No claim of any alleged loss, co
Page 68 and 69: Section IVPRICE BID FORMAT ANNEXURE
Page 70 and 71: INTEGRITY PACTBetweenONGC Mangalore
Page 74: (8) If the Monitor has reported to
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