MISHRA DHATU NIGAM LIMITED
A Govt of India Enterprise
P. O Kanchanbagh, Hyderabad – 500058, Telangana, India.
Corporate Identity Number : U14292AP1973GOI001660
Phone: 040 – 24340001 (10 Lines), 24184202, Fax: 040 – 24340764
e Mail ID: snitesh@midhani-india.in, website: www.midhani-india.in

Invites

EXPRESSION OF INTERESTFORPROCUREMENT OF ALUMINIUM
VANADIUM MASTER ALLOY(Under Make-II Process of Make In India Scheme)
Ref: MDN/PUR/EOI/Al-Va/19-20 Dt. 17-03-2020
Receipt of EOI on or before

14/04/2020 by 10:30 Hrs

Opening of EOI

14/04/2020 at 11:00 Hrs

Note: Detailed Invitation for Expression of Interest is attached herewith.
 All Bidders need to submit the Documents as listed in a Sealed Cover withTitle as “EOI for PROCUREMENT OF ALUMINIUM VANADIUM MASTER
ALLOY Dt. 17/03/2020, Due on 14/04/2020” on or before 14/04/2020 at 10:30
Hrs to :AGM (I/C PURCHASE)MISHRA DHATU NIGAM LIMITED
PO: KANCHANBAGH
HYDERABAD – 500 058
TELANGANA Any Corrigendum to the EOI shall be published in MIDHANI website only.

INTEGRITY PACT
BetweenMishra Dhatu Nigam Limited (MIDHANI) hereinafter referred to as “The Principal”,
and…………………………………………… hereinafter referred to as “The Bidder/ Contractor”
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s
for………………………………………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 will appoint Independent External Monitors (IEMs) who will
monitor the tender process and the execution of the contract for compliance with the principles mentioned
above.
Section 1 – Commitments of the Principal(1)

The Principal commits itself to take all measures necessary to prevent corruption and toobserve the following principles: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) thesame information and will not provide to any Bidder(s) 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 actions.

Section 2 – Commitments of the Bidder(s)/ Contractor(s)(1)

The Bidder(s)/ Contractor(s) commit themselves to take all measures necessary to prevent
corruption. The Bidder(s)/ Contractor(s) commit themselves to observe the following principles
during participation in the tender process and during the contract execution.
a. The Bidder(s)/ Contractor(s) will 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 he/she
is not legally entitled to, in order to obtain in exchange any advantage of any kindwhatsoever during the tender process or during the execution of the contract.

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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 toprices, specifications, certifications, subsidiary contracts, submission or non-submission ofbids or any other actions to restrict competitiveness or to introduce cartelization in thebidding 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 businessdetails, including information contained or transmitted electronically.
d. The Bidder(s)/Contractors(s) of foreign origin shall disclose the name and address of theAgents/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 have to be in Indian Rupees only. Copyof the “Guidelines on Indian Agents of Foreign Suppliers” is placed at page No.5.
e. The Bidder(s)/ Contractor(s) will, when presenting their bid, disclose any and all payments
made, are committed to or intend to make to agents, brokers or any other intermediaries inconnection 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 in the matter.
(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 their reliability or
credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from thetender process or take action as per the procedure mentioned in the “Purchase policy MIDHANI.
Section 4 – Compensation for Damages
If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover the damages
equivalent to Earnest Money Deposit/ Bid Security.
(2)
If the Principal has terminated the contract according to Section 3, or if the Principal isentitled to terminate the contract according to Section 3, the Principal shall be entitledto demand and recover from the Contractor liquidated damages of the Contract valueor the amount equivalent to Performance Bank Guarantee.
Section 5 – Previous transgression
(1)

(1)

The Bidder declares that no previous transgressions occurred in the last three years
with any other Company in any country conforming to the anti-corruption approach orwith any Public Sector Enterprise in India that could justify his exclusion from the tender
process.

(2)

If the Bidder makes incorrect statement on this subject, he can be disqualified from thetender process or action can be taken as per the procedure mentioned in “Purchasepolicy MIDHANI”.

Integrity Pact

Page 2Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors(1)

In case of Sub-contracting, the Principal Contractor shall take the responsibility of the
adoption of Integrity Pact by the Sub-contractor. In case of subcontract (only when thecontract provide for sub contracting) the clause is applicable.

(2)

The Principal will enter into agreements with identical conditions as this one with all
Bidders and Contractors.

(3)

The Principal will disqualify from the tender process all bidders who do not sign thisPact or violate its provisions.

Section 7 – Criminal charges against violating Bidder(s) / Contractor(s) / Subcontractor(s)If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an
employee or a representative or an associate of a Bidder, Contractor or Subcontractor whichconstitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal
will inform the same to the Chief Vigilance Officer.
Section 8 – Independent External Monitor(1) The Principal appoints competent and credible Independent External Monitor for this Pactafter approval by Central Vigilance Commission. The task of the Monitor is to review
independently and objectively, whether and to what extent 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/her functions neutrally and independently. The Monitor would have access to
all Contract documents, whenever required. It will be obligatory for him / her to treat the
information and documents of the Bidders/Contractors as confidential. He/ she reports to
the C&MD MIDHANI.
(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 theContractor. The Contractor will also grant the Monitor, upon his/her request anddemonstration of a valid interest, unrestricted and unconditional access to their project
documentation. The same is applicable to Sub-contractors.
(4) The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/ Contractor(s)/ Sub-contractor(s) with confidentiality. The Monitor has also signed
declarations on ‘Non-Disclosure of Confidential Information’ and of ‘Absence of Conflict ofInterest’. In case of any conflict of interest arising at a later date, the IEM shall inform
C&MD MIDHANI and recuse himself / herself from that case.
(5) 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 thecontractual relations between the Principal and the Contractor. The parties offer to theMonitor the option to participate in such meetings.
(6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he/shewill so inform the Management of the Principal and request the Management todiscontinue or take corrective action, or to take other relevant action. The monitor can inthis regard submit non-binding recommendations. Beyond this, the Monitor has no right todemand from the parties that they act in a specific manner, refrain from action or tolerateaction.
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(7) The Monitor will submit a written report to the C&MD MIDHANI within 8 to 10 weeks fromthe date of reference or intimation to him by the Principal and, should the occasion arise,submit proposals for correcting problematic situations.
(8) If the Monitor has reported to the C&MD MIDHANI, a substantiated suspicion of an offence
under relevant IPC/ PC Act, and the C&MD MIDHANI has not, within the reasonable time
taken visible action to proceed against such offence or reported it to the Chief Vigilance
Officer, the Monitor may also transmit this information directly to the Central VigilanceCommissioner.
(9) The word ‘Monitor’ would include both singular and plural.
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 thecontract has been awarded. Any violation of the same would entail disqualification of the bidders andexclusion from future business dealings.
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 C&MD MIDHANI.
Section 10 – Other provisions
(1)
(2)
(3)
(4)

(5)

This agreement is subject to Indian Law. Place of performance and jurisdiction is theRegistered Office of the Principal, i.e. Hyderabad.
Changes and supplements as well as termination notices need to be made in writing. Sideagreements have not been made.
If the Contractor is a partnership or a consortium, this agreement must be signed by all
partners or consortium members.
Should one or several provisions of this agreement turn out to be invalid, the remainder ofthis agreement remains valid. In this case, the parties will strive to come to an agreement totheir original intentions.
Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.

(For & On behalf of the Principal)(Office Seal)(For & On behalf ofBidder/ Contractor)(Office Seal)

Place -------------Date -------------Witness 1:(Name & Address)
Witness 2:(Name & Address)

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GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS
1.0

There shall be compulsory registration of agents for all Global (Open) Tender and Limited Tender. An
agent who is not registered with MIDHANI shall apply for registration in the registration form .

1.1

Registered agents will file an authenticated Photostat copy duly attested by a Notary Public/Original
certificate of the principal confirming the agency agreement and giving the status being enjoyed by theagent and the commission/ remuneration/ salary/ retainer ship being paid by the principal to the agent
before the placement of order by MIDHANI.

1.2

Wherever the Indian representatives have communicated on behalf of their principals and the foreign
parties have stated that they are not paying any commission to the Indian agents, and the Indian
representatives working on the basis of salary or as retainer, a written declaration to this effect should
be submitted by the party (i.e. Principal) before finalizing the order.

2.0

Disclosure of particulars of agents/ representatives in India, if any.

2.1

Tenderers of Foreign nationality shall furnish the following details in their offers:

2.1.1

The Bidder(s)/ Contractor(s) of foreign origin shall disclose the name and address of the agents/
representatives in India if any and the extent of authorization and authority given to commit the
Principals. In case the agent/ representative be a foreign Company, it shall be confirmed whether it isexisting Company and details of the same shall be furnished.

2.1.2

The amount of commission/ remuneration included in the quoted price(s) for such agents/
representatives in India.

2.1.3

Confirmation of the Tenderer that the commission/ remuneration, if any, payable to his agents/
representatives in India, may be paid by MIDHANI in Indian Rupees only.

2.2

Tenderers of Indian Nationality shall furnish the following details in their offers:

2.2.1

The name and address of the foreign principals, if any, indicating their nationality as well as theirstatus, i.e. whether manufacturer or agents of manufacturer holding the Letter of Authority of the
Principal specifically authorizing the agent to make an offer in India in response to tender either directlyor through the agents/ representatives.

2.2.2

The amount of commission/ remuneration included in the price (s) quoted by the Tenderer for himself.

2.2.3

Confirmation of the foreign principals of the Tenderer that the commission/ remuneration, if any,
reserved for the Tenderer in the quoted price(s), may be paid by MIDHANI in India in equivalentIndian Rupees on satisfactory completion of the Project or supplies of Stores and Spares in case ofoperation items.

2.3

In either case, in the event of contract materializing, the terms of payment will provide for payment of
the commission/ remuneration, if any payable to the agents/ representatives in India in Indian Rupees
on expiry of 90 days after the discharge of the obligations under the contract.

2.4

Failure to furnish correct and detailed information as called for in paragraph 2.0 above will render theconcerned tender liable to rejection or in the event of a contract materializing, the same liable totermination by MIDHANI. Besides this there would be a penalty of banning business dealings with
MIDHANI or damage or payment of a named sum.

*********

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