राष्ट्रीय कृषि और ग्रामीण षिकास बैंक...

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1 रारीय कृषि और ामीण षिकास बक लेखा षिभाग, धान काया ालय, बई वत एव सेवा कर हेत सलटट की निय नि के नलए ताव (आरएफपी) रारीय कृनि और ामीण नवकास बक (िबाड) लेखा नवभाग, दूसरी मजल, ‘वग , सी - 24, 'जी' लॉक बाा क लाा कॉलेस, बाा (पूवा) बई - 400 051 वबैसाइट : www.nabard.org रारीय कृषि और ामीण षिकास बक (नाबाा) के षलए ित एि सेिा कर कसलटटो की षनयषि के षलए ताि आिेदन (आरएफपी) वतु एवं सेवा कर (जीएसटी) सलाहकार के प म कायड करिे के नलए अणी कर कं सटसी फम से ताव आमंनित नकए जाते ह. पररयोजिा के नलए "ताव आवेदि" (आरएफपी) िबाड की वेबसाइट (www.nabard.org) पर उपलध है. इसे इछुक बोलीकताड सीधे हमारी वेबसाइट (नलंक https://www.nabard.org) से ाउिलो कर सकते ह. बोनलयां लगाते समय आरएफपी दतावेज म नदए गए नवनिदेशि का कड़ाई से पालि नकया जाए और 01 जुलाई 2019 को अपरा 3.00 बजे तक िीचे नदए गए पते पर तुत कजाए: मुय महा बंधक रारीय कृनि और ामीण नवकास बक (िबाड) लेखा नवभाग, दूसरी मजल, ‘वग , सी - 24, 'जी' लॉक बाा क लाा कॉलेस, बाा (पूवा) बई - 400 051

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  • 1

    राष्ट्रीय कृषि और ग्रामीण षिकास बैंक

    लेखा षिभाग, प्रधान कायाालय, म ुंबई

    वस्त ुएवं सेवा कर हते ुकंसलटेंट की नियनुि के नलए प्रस्ताव (आरएफपी)

    राष्ट्रीय कृनि और ग्रामीण नवकास बैंक (िाबार्ड) लेखा नवभाग,

    दसूरी म िंजल, ‘ई’ वगिं, सी - 24, 'जी' लॉक

    बािंद्रा कुलाा कॉम्प्लेक्स, बािंद्रा (पूवा) िंबई - 400 051

    वबैसाइट : www.nabard.org

    राष्ट्रीय कृषि और ग्रामीण षिकास बैंक (नाबार्ा) के षलए िस्त एिुं सेिा कर कुं सलटेंटो की षनय षि के षलए प्रस्ताि आिेदन

    (आरएफपी)

    वस्तु एव ंसेवा कर (जीएसटी) सलाहकार के रूप में कायड करिे के नलए अग्रणी कर कंसल्टेंसी फमों से प्रस्ताव आमंनित नकए जाते हैं.

    पररयोजिा के नलए "प्रस्ताव आवेदि" (आरएफपी) िाबार्ड की वेबसाइट (www.nabard.org) पर उपलब्ध ह.ै इसे इच्छुक बोलीकताड

    सीधे हमारी वेबसाइट (नलंक https://www.nabard.org) से र्ाउिलोर् कर सकते हैं. बोनलयां लगाते समय आरएफपी दस्तावेजों

    में नदए गए नवनिदेशिों का कड़ाई से पालि नकया जाए और 01 जलुाई 2019 को अपराह्न 3.00 बज ेतक िीचे नदए गए पते पर प्रस्तुत की

    जाए:

    मखु्य महा प्रबंधक

    राष्ट्रीय कृनि और ग्रामीण नवकास बैंक (िाबार्ड) लेखा नवभाग,

    दसूरी म िंजल, ‘ई’ वगिं, सी - 24, 'जी' लॉक बािंद्रा कुलाा कॉम्प्लेक्स, बािंद्रा (पूवा) िंबई - 400 051

  • 2

    Accounts Department

    Head Office, Mumbai

    REQUEST FOR PROPOSAL (RFP)

    FOR

    ENGAGEMENT OF

    GST Consultants

    National Bank for Agriculture and Rural Development (NABARD)

    Accounts Department

    2nd Floor, `E' Wing,

    C-24, 'G' Block

    Bandra-Kurla Complex, Bandra (East)

    Mumbai 400 051

    Website: www.nabard.org

    Request for Proposal (RFP) for engagement of GST Consultants for

    National Bank for Agriculture and Rural Development

    (NABARD)

    Proposals are invited from leading tax consultancy firms to act as our Goods and

    Services Tax (GST) Consultant on retainership basis.

    The “Request for Proposal” (RFP) for the project is available on the NABARD website

    (www.nabard.org). Interested bidders may download directly from our website (link

    https://www.nabard.org). Bids may be made strictly as per the specifications in the

    RFP documents and should be submitted latest by 3.00 p.m. on 01 July 2019, at

    the address mentioned below:

    The Chief General Manager

    National Bank for Agriculture and Rural Development (NABARD)

    Accounts Department

    2rd Floor, 'E' Wing

    C-24, 'G' Block

    Bandra- Kurla Complex, Bandra (East)

    Mumbai 400 051

  • 3

    Invitation for submission of Bids for Appointment of GST Consultants of

    NABARD

    National Bank for Agriculture and Rural Development (NABARD) is set up under the

    National Bank for Agriculture and Rural development Act, 1981. NABARD is a

    development bank for providing and regulating credit and other facilities for the

    promotion and development of agriculture, small-scale industries, cottage and village

    industries, handicrafts and other rural crafts and other allied economic activities in

    rural areas with a view to promoting integrated rural development and securing

    prosperity of rural areas, and for matters connected therewith or incidental

    thereto.(for more details visit (www.nabard.org).

    2. Proposals are invited from leading tax consultancy firms to act as our Goods and

    Services Tax (GST) Consultant on retainership basis for a period of three years,

    subject to renewable annually, up to a maximum of 2 years, based at the sole

    discretion of NABARD.

    3. Scope of Consultancy

    a. Onetime assignment

    i. Analyse GST implication on existing transactions such as Business

    Procurement of goods and services, import and export of services, transactions

    among the Head Office, Regional Offices and Training Establishments of

    NABARD, services provided centrally, reversal/ waiver of fees etc. to ascertain

    the financial impact & compliance thereof from GST perspective.

    ii. Conduct an assessment of the existing accounting and reporting performed by

    NABARD. Evaluate and advise about the changes to be made in existing

    system/ software, development requirements of utilities/ applications as per

    the requirement of GST Rules and Regulation.

    iii. Advising on matters regarding accounting, process, policy, system, software to

    ensure GST compliance.

    iv. Review of the E-Way bill process being used by the bank and to suggest

    methods to smoothen the process for avoiding delays and confiscation of goods.

    http://www.nabard.org/

  • 4

    b. Compliance for returns and input tax credit

    i. To verify completeness of data generated through the system for GST returns

    and other compliances.

    ii. Preparation, review and filing of periodical GST returns (including TDS

    returns), in accordance with the law in force subject to the modifications /

    changes / revisions that may be carried out in the existing laws necessitating

    additional / modified returns etc. of all accounting units of NABARD.

    iii. Advising the NABARD in calculation & payment of GST liability based on the

    GST payable register and the ITC register of the NABARD.

    iv. Guide and assist in Annual return and Audit mandated under GST law.

    v. State wise/ UT wise verification of eligibility of Input Tax Credit (ITC) compiled

    by the NABARD Expense Payable Unit as per the provisions of Central Goods

    and Services Tax (CGST) Rules, 2017 and other GST Act/ Laws/ Rules/

    Notifications/ Press Releases erstwhile Service Tax Rules etc.

    vi. Advice Reversal of ITC as per the ITC rules including in the event of non-

    payment as may be applicable.

    vii. Assistance to deal with mismatches between GSTR2A and GSTR3B.

    c. Advisory

    i. Review and suggest changes to be made in the terms of agreement entered into

    with vendors for supply of goods and services and with external agencies who

    are placing funds with NABARD under various schemes for developmental

    activities from GST perspective.

    ii. Provide written opinions on various aspects of GST, as and when sought by

    NABARD.

    iii. Provide professional assistance for all activities required by GST as per the

    Laws / Rules / Notifictions / Guidelines as and when issued by the Government

    of India.

    iv. Advising on issues related to erstwhile Service Tax and other indirect tax

    related issues, including routine queries on Service Tax/ GST matters as

    referred to by NABARD.

    v. Reviewing the transactions that attract CGST/ IGST/ SGST even without

    consideration such as inter-branch transactions, Centralised function of the

    NABARD at HO, Zonal Offices, Regional Offices, etc.

  • 5

    vi. Regular review of the business processes to reduce GST compliance cost

    including but not limited to inadmissible Input Credit and suggesting suitable

    changes to minimize such compliance cost.

    vii. Review and implement the system on valuation and taxability of various

    income streams such as interest charges, commissions and all other types of

    services like inter branch transfer, removal of capital goods, employee benefits,

    support function cost etc. with respect to GST/ SGST/ IGST/ UGST, suggest

    suitable changes if any in compliance with the extant provisions/ notifications/

    role of the GST law as and when notified.

    d. Notices/ Assessment proceedings/ Appeals i. Representation before GST/ Other Indirect Tax authorities in connection with

    the assessment proceedings, penalty proceedings and other indirect tax related

    matters, including existing / ongoing appeals / writs etc. and related work

    thereto.

    ii. Drafting and filing of appeals to appellate authorities, including GST

    Commissioner, CESTAT etc.

    iii. Briefing/ facilitating counsel for appearing before High Court/ Supreme Court

    as and when required.

    iv. The scope of work mentioned above is not exhaustive and will include all other

    matters relating to GST/ Service Tax as required from time to time.

    4. Selection of Consultant:

    The consultant will be selected on the basis of their technical and financial bids. The

    weightage for technical and financial parameters would be in the ratio of 70% and

    30% respectively. You are requested to submit your proposal in form of technical

    and financial bids in separate sealed covers. Bids are to be strictly submitted

    as per format attached. (Annexure I & II)

    The firm will be technically evaluated on the following criteria:

    Sr. No. Criteria Weightage

    1. Past experience of the firm

    Number of years’ experience

    Past experience of handling assignments of similar nature

    Past experience of banking industry

    Past experience of PSU

    60%

    20%

    50% 20% 10%

  • 6

    2. Experience of Key Personnel

    Qualifications

    Relevant Experience

    25%

    30%

    70%

    3. Financial Strength of the consultant

    Turnover figure of the last three years, in India

    Net profit figure during the last there years, in India

    15%

    The financial bids will be opened only of those consultants who secure minimum 65%

    marks in the technical evaluation.

    The time lines are as below:

    Sr.No Particulars Date

    1 Date of Issue of Letters 14 June 2019

    2 Pre Bid meeting 21 June 2019

    3 Last date for submission

    of Bids

    01 July 2019 (upto

    15:00 Hrs)

    4 Opening of Technical Bids 01 July 2019 (16:00

    Hrs)

    5 Opening of Commercial

    Bids Will be intimated

    5. Earnest Money Deposit (EMD)

    The bidder should furnish a demand draft for Rs. 50,000/- payable to National Bank

    for Agriculture and Rural Development, Mumbai towards EMD along with the

    technical bid document. Bids submitted without the EMD would be liable for rejection.

    6. Other Terms and Conditions:

    1. The bid should be submitted in two sealed envelopes:

    Envelope 1 containing:

    a. Technical Bid as per Annexure – I

    b. DD towards EMD and

    c. Integrity pact (duly stamped)

    Envelope 2 containing:

    a. Commercial Bid as per Annexure – II (only one bid to be submitted)

    2. Envelope containing bids complete in all respects duly signed by the tenderer and

    sealed as necessary should be dropped inside the Tender Box available in 2nd Floor E

  • 7

    Wing before 15:00 hrs on 01 July 2019. Bids received by post / courier / fax /

    email etc., will not be considered.

    3. The technical bids will be opened on 01 July 2019 (16:00 Hrs), in the presence of

    consultants or their authorised representatives who choose to be present. NABARD

    reserves the right to accept or reject any tender, either in whole or in part without

    assigning any reasons thereof. Consultants are advised to quote reasonable rates based

    on the market price of such services during the contract period.

    4. Only those financial bids will be opened which have qualified under the technical bid.

    5. You are requested to quote a lump sum retainership fees on an annual (12

    month) basis which shall be inclusive of cost of attending NABARD cases before the

    GST Authorities / Tribunal / courts etc. which be inclusive of the pending cases

    (ongoing assessment, show cause notices, revision petitions etc.)

    6. Quotations which do not fulfil all or any of the NABARD’s condition or are incomplete

    in any respect and with the consultants own conditions are liable to be rejected.

    7. All the documents enclosed with the offer document to be serially numbered and duly

    signed and sealed by the firm or authorized partner. The person(s) signing the bid

    documents shall initial all pages of the bid. Any overwriting/ use of white fluid on the

    bids are not acceptable and are liable to be rejected.

    8. Any discrepancies, omission, ambiguities in the letter inviting quotation, if any or any

    doubt as to the meaning will be clarified in the pre bid meeting to be held on 21

    June 2019 at 11.00 AM at conference hall at NABARD, 4th Floor , ‘C’ Wing Bandra

    Kurla Complex, Bandra (E), Mumbai - 400051. NABARD will not be responsible if any

    discrepancies, omission, ambiguities in the quotation or any doubts as to their

    meaning are not brought to the notice of NABARD in the pre bid meeting.

    9. The successful respondent shall execute an agreement with NABARD within 7 days

    from the date of selection.

    10. All costs and expenses incurred by Respondents in any way associated with the

    development, preparation, submission of responses, attendance at meetings,

    discussions, demonstrations, etc. and providing any additional information required

    by NABARD, will be borne entirely and exclusively by the Respondent.

    11. No Legal Relationship :

    No legal relationship will exist between any of the Respondents and NABARD until

    execution of an agreement.

    12. Respondent Obligation to Inform Itself

  • 8

    The Respondent must conduct its own investigation and analysis regarding any

    information contained in the letter inviting quotations and the meaning and impact of

    that information.

    13. Each respondent acknowledges and accepts that NABARD may in its absolute

    discretion apply selection criteria specified in the letter for evaluation of proposals for

    short listing/ selecting eligible respondent. This letter inviting quotations will not form

    part of any contract or arrangement which may result from the issue of this letter

    inviting quotations.

    14. All submissions, including any accompanying documents, will become the property of

    NABARD and the same will be subject to RTI ACT, 2005. Respondents shall be

    deemed to license, and grant all rights to NABARD to reproduce the whole or any

    portion of their submission for the purpose of evaluation, to disclose the contents of

    the submission to other Respondents and to disclose and / or use the contents of the

    submission as the basis for any resulting process, notwithstanding any copyright or

    other intellectual property right that may subsist in the submission of accompanying

    documents.

    15. Disqualification

    Any form of canvassing / lobbying / influence / regarding short listing, status, etc. will

    be a disqualification.

    The firm or its partners should not possess any office of profit in NABARD. The firm

    should not have been prohibited /debarred/ blacklisted by any regulating Authority/

    Agency including IRDA, RBI, SEBI, ICAI C&AG etc.

    16. This invitation letter is issued in Hindi also. The English version shall be valid in case

    of discrepancy.

    17. Disclaimer :

    Subject to any law to the contrary, and to the maximum extent permitted by law,

    National Bank for Agriculture and Rural Development (NABARD) and its officers,

    employees, contractors, agents, and advisors 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 forecasts, statements, estimates, or

    projections contained in this letter inviting quotations or conduct ancillary to it

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

    default on the part of NABARD or any of its officers, employees, contractors, agents,

    or advisers.

  • 9

    18. NABARD reserves the right to cancel the entire process of appointment of GST

    Consultants at its sole discretion at any stage without assigning any reasons to any of

    the participants.

  • 10

    Annexure- I

    Appointment of GST Consultants of NABARD

    The format for technical bids

    Sr. No.

    Particulars Details to be filled in by

    the applicant 1 Name of the Firm:

    2 Whether the Firm is registered in India: (copy of registration certificate with to be enclosed)

    3 Firm Registration No and date:

    4 Full Address and Contact Details :

    5 No. of qualified staff: (Details may be furnished in a separate sheet)

    6 Experience of the Firm in No. of years in tax consultancy:

    7 The experience of the firm in providing tax / audit / consultancy services etc. to at least 3 large establishments whose turnover during the preceding three years must be at least Rs.10000 crore. [The necessary financial documents of the establishments may be enclosed]

    8 Details of experience in providing tax / audit / consultancy services to PSU / Banking clients. (please enclose necessary documents)

    9 No of staff you propose to assign:

    10 Experience of Key personnel (partner who will handle the assignment) [CV to be submitted]

    11 CV of the core team who will handle the assignment to be attached:

    12 Turnover of the firm for last three FY, In India : Balance Sheet, P/L Account, Annual Report for the last three years may be submitted.

    Note: All information should be complete duly supported

    Place:

    Date: Yours faithfully

    Authorised Signatory

    Annexure- II

  • 11

    Appointment of GST Consultants of NABARD

    The format for Financial Bids

    Name of the Firm:

    Particulars Amount (in ₹) Pl indicate in both words and figures:

    Period / unit

    Retainership fees figures: ₹ Per year- 12 month basis Words: Rupees

    The above fee is excluding GST. Applicable GST will be levied on the above amount.

    Place:

    Date: Yours faithfully

    Authorised Signatory

  • 12

    INTEGRITY PACT

    Between

    National Bank for Agriculture and Rural Development (NABARD)

    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, regulation, and 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 to observe 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) the same 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

  • 13

    advantage of any kind whatsoever during the tender process or during the execution

    of the contract.

    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

    to prices, specifications, certifications, subsidiary contracts, submission or non-

    submission of bids or any other actions to restrict competitiveness or to introduce

    cartelisation in the bidding 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 business details, including information contained or

    transmitted electronically.

    d. The Bidder(s)/Contractor(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.

    e. The Bidder(s) /Contractor(s) will, 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 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 which put

    their reliability or credibility in question, the Principal is entitled to disqualify the

    Bidder(s) /Contractor(s) from the tender process.

    Section 4 – Compensation for Damages

    (1) 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 is

    entitled to terminate the contract according to Section 3, the Principal shall be entitled to

  • 14

    demand and recover from the Contractor liquidated damages of the Contract value or the

    amount equivalent to Performance Bank Guarantee.

    Section 5 – Previous transgression

    (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 or with

    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 the

    tender process.

    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.

    (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 the Pact or violate its provisions.

    Section 7 – Criminal charges against violating Bidders(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 which constitutes 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

    Pact after approval by the 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.

    The Independent External Monitor appointed for NABARD is

    SHRI SUBODH KUMAR GOEL

    Sai Tower 6, CWG Village, New Delhi – 110092

    (2) The Monitor is not subject to instructions by the representatives of the parties and

    performs 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 Chairman, NABARD.

    (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 the

  • 15

    Contractor. The Contractor will also grant the Monitor, upon his/her request and

    demonstration 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 of Interest’. In case of any conflict of interest arising at a later date, the IEM

    shall inform Chairman, NABARD 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 the

    contractual relations between the Principal and the Contractor. The parties offer to the

    Monitor the option to participate in such meetings.

    (6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he/she

    will so inform the Management of the Principal and request the Management to

    discontinue or take corrective action, or to take other relevant action. The monitor can

    in this regard submit non-binding recommendations. Beyond this, the Monitor has no

    right to demand from the parties that they act in a specific manner, refrain from action

    or tolerate action.

    (7) The monitor will submit a written report to the Chairman, NABARD within 8 to 10 weeks

    from the date of reference or intimation to him by the Principal and, should the occasion

    arise, submit proposal for correcting problematic situations.

    (8) If the Monitor has reported to the Chairman, NABARD, a substantiated suspicion of an

    offence under the relevant IPC/PC Act, and the Chairman NABARD has not, within

    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 Vigilance Commissioner.

    (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 the contract has been awarded. Any violation of the same would entail

    disqualification of the bidders and exclusion 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

    discharge/determined by the Chairman of NABARD.

    Section 10 – Other provisions

    (1) This agreement is subject of Indian Law, Place of performance and jurisdiction is the Head Office of the Principal, i.e. Mumbai.

  • 16

    (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

    (3) If the Contractor is a partnership or a consortium, this agreement must be signed by all

    partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder

    of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

    (5) Issues like Warranty/Guarantee etc. shall be outside the purview of IEMs. (6) In the event of any contradiction between the Integrity Pact and its Annexure, if any, the

    Clause in the Integrity Pact will prevail.

    _______________________ _________________________

    (For & On behalf of the Principal) (For & on behalf of the Bidder/Contractor)

    (Office Seal) (Office Seal)

    Place _______________

    Date _______________

    Witness 1:

    (Name & Address) ____________________________

    ____________________________

    ____________________________

    Witness 2:

    (Name & Address) ____________________________

    ____________________________

    ____________________________