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Tendernotice 1

The Mahatma Gandhi Institute of Medical Sciences is inviting online bids for the supply of ELSEVIER Clinical Key Flex for 100 users and Clinical Key Student for a duration of 12 months. The tender includes detailed instructions for submission, including bid security requirements, technical specifications, and payment terms. The deadline for bid submission is July 29, 2025, with the opening scheduled for July 31, 2025.

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0% found this document useful (0 votes)
43 views17 pages

Tendernotice 1

The Mahatma Gandhi Institute of Medical Sciences is inviting online bids for the supply of ELSEVIER Clinical Key Flex for 100 users and Clinical Key Student for a duration of 12 months. The tender includes detailed instructions for submission, including bid security requirements, technical specifications, and payment terms. The deadline for bid submission is July 29, 2025, with the opening scheduled for July 31, 2025.

Uploaded by

devinsightskrish
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Mahatma Gandhi Institute of Medical Sciences

Sevagram, Wardha 442102, Maharashtra, India

TENDER ENQUIRY DOCUMENT

Advertised Tender Enquiry No.: eTender/2025-26/CPS/025

Brief Description of Goods: ELSEVIER Clinical Key Flex for 100 users and
Clinical Key Student (Foundation + Assessment)

1
SECTION - I

Mahatma Gandhi Institute of Medical Sciences


Sevagram, Wardha 442102, Maharashtra, India
NOTICE INVITING TENDERS (NIT)

Advertised Tender Enquiry No: eTender/2025-26/CPS/025 On behalf of Dean, Mahatma Gandhi Institute
of Medical Sciences, Sevagram online bids are invited in two bid system (Techno-Commercial Bid and
Financial Bid) from reputed, eligible and qualified firms/manufacturer for supply of following Goods:

S. Brief Description of Goods Quantity Amount of Bid Security / EMD (in


No. INR or equivalent amount in
foreign currency)

1. ELSEVIER Clinical Key Flex for For 100 Users Rs.30,000/-


100 users and Clinical Key Student
(Foundation + Assessment)

CRITICAL DATE SHEET

Published Date & Time 08 July 2025 06:00 PM

Bid Document Download/Sale Start Date 08 July 2025 06:00 PM

Seek Clarification Start Date 08 July 2025 06:00 PM

Seek Clarification End Date 18 July 2025 06:00 PM

Pre Bid Meeting Date Not Applicable

Pre Bid Meeting Venue Not Applicable

Bid Submission Start Date & Time 08 July 2025 06:00 PM

Bid Submission End Date & Time 29 July 2025 06:00 PM

Bid Opening Date & Time 31 July 2025 10:00 AM

2
SECTION - II

INSTRUCTIONS

1. All the bids will only be accepted online at CPPP website: https://eprocure.gov.in/eprocure/app
2. The Tender Enquiry Document can be downloaded directly from the websites
https://eprocure.gov.in/eprocure/app by the bidders. They should not tamper/modify any terms including
downloaded Price Bid template in any manner for any reason. In case it is noticed that tempering/
modification of any kind was carried out, Tender/Bid or quotation will be rejected and EMD would be
forfeited.
3. The complete bidding process is online. Bidders should possess a valid Digital Signature Certificate
(DSC) of class III category for online submission of bids. Prior to bidding DSC need to be registered on
the website mentioned above.
4. Bidders are advised to visit this website regularly to keep themselves updated, for any changes/
modifications in the Tender Enquiry Document and any corrigendum or extension, till final closing date
of submission of bid.
5. The EMD/Bid Security shall be deposited through RTGS/NEFT (bank details mentioned below). The
evidence of the transfer of the Earnest Money/Bid Security must be uploaded along with Technical bid.
6. If you are registered firm under Micro, Small Enterprises (MSEs and exempted from paying Earnest
Money Deposit (EMD) fee, please submit necessary documents supporting the same. After proper
verification, payment of EMD fees may be exempted.
7. EMD fees is returned back to all unsuccessful bidders once the evaluation is completed and the contract
is signed by the successful bidder(s).
8. Technical bid and Price bid should be uploaded separately
9. The technical bid must contain the following (duly attested) along with Check List:
a. Detailed technical specifications of equipment quoted (Catalogue / illustrated literature), along with
a document showing compliance with our given Technical Specifications (i.e. Compliance chart)
and country of origin of the equipment.
b. Authorized dealer certificate (Current year's) from the Principal of manufacturing company for
supply and service along with ISO Certification (ISO 9001 & ISO 13485)
c. List of users/ institutional installations / Govt. supply orders / reputed private hospitals within
India and copy of Manufacturing License from the manufacturer.
d. Copy of acknowledgement in support of uploading of Income Tax returns of last three years
e. GST Registration Certificate and copy of PAN card, TAN card
f. Provide details of Bank Account which is linked with PAN – Aadhaar and updated validation
for remittance.
g. Copy of Registration with existence of company if you are registered as Micro, Small
Enterprises (MSEs), please submit a copy of the Registration Certificate.
h. EMD receipt
10. For equipment to be imported
a. The prices should be quoted in INR equivalent to foreign currency.
b. Attach separate file mentioning the price in foreign currency and exchange rate such as in USD
or EURO if payment of CIF value is expected to L1 remittance to Manufacturer subject to
clause 11(f) considered in financial bid along with BOQ.
c. Delivery, installation and commissioning at Sevagram.
d. Custom duty will be borne by the Institute and hence be quoted separately
e. Clearance and local transport arrival, installation, commissioning will be borne by the supplier.
f. Note:
i. FOR INR prices- component excise duty, GST, transportation, insurance and commission
will be included in INR price.

3
ii. MGIMS has a DSIR Certificate for Custom Duty concession and excise duty exemption.
iii. For ease of computation you may furnish the import duty structure of your equipment and
classification HSN code no of custom tariff. Import License and IEC code should also be
submitted.
iv. Kindly quote the prices strictly as per the scope of the supply written in the tender
without offering your special features and accessories prices or with rider of special
condition.
v. Performance Bank Guarantee @5% of the total cost of equipment/system (including Levis and
taxes) covering the Warranty & CMC period
vi. Penalty clause for supply of material:
Failure to supply the material within the stipulated period shall entitle Procuring Entity
for the imposition of penalty without assigning any reasons @ 0.5% (half percent) of the
total value of the item covered in order as penalty per day subject to a maximum of 10%
(Ten percent) unless extension is obtained in writing from the office of buyer on valid
ground before expiry of delivery period.
11. Payment terms:
a. For INR quote: Payment will be made on successful installation and commissioning of the
equipment supplied.
b. No advances payment at any stage of supply and installation
c. Option for directly import from Principle / OEM
d. Payment will be made for directly to principle when import from Principle / OEM. In this case
a Letter of Credit (LC) in US Doller or Euro which shall be redeemable in exchange of Bill.
e. CIF Mumbai / Nagpur
f. For imported items, payment through irrevocable and confirmed Letter of Credit (LC)
redeemable at sight which will be payable after satisfactory installation and commissioning of
the system
12. Delivery period: delivery period should be within 6 weeks from the date of Purchase Order (PO).
Penalty clause can be levied on case to case basis as mentioned above. Installation and commissioning
of the equipment should be free and to the satisfaction of the buyer.
13. Cost of local transportation, installation to be borne by and on-site training to be provided by the bidder.
14. Installation within 7 days of delivery. Failure to which penalty clause 10f(vi) will be applicable
15. Service and Warranty conditions:
a. Minimum Uptime should be 99%
b. Response time for breakdown should be less than 24 hours
c. Performance Security deposit will be sought as mentioned above.
16. Other Services Terms & Conditions
a. Mention about the nearest facility/office where service personnel are available.
b. Mention about the nearest facility / installation for demonstration of the system
c. Mention about the facility for training to be provided.
17. We are not demanding any payment other than EMD fees to be deposited along with bid in the
specified bank Account only as mentioned in the tender enquiry document. If you receive any
communications, transmitting different payment, instructions or requesting or requiring alternate
payment, arrangements do not respond to such communications.
18. Dean, MGIMS reserves the right to reject all or any tender without assigning any reason.

Account Details of depositing EMD


Name of the Account - Kasturba Health Society
Name of the Bank - Axis Bank Ltd., Wardha
Bank Address - Indira Market Road, Wardha 442001
Account Number - 917010025302943
IFSC Code - UTIB0000808
Branch Code - 808
Swift Code - AXISINBB048
MICR Code - 442211002 4
SECTION - III

LIST OF REQUIREMENTS

S. No. Name of Equipment Consignee Total Quantity

1 ELSEVIER Clinical Key Flex Dr. APJ Abdul Kalam Library, MGIMS For 12 Months
for 100 users and Clinical Key
Student (Foundation +
Assessment)

5
SECTION - IV

TECHNICAL SPECIFICATION AND GENERAL POINTS


ELSEVIER Clinical Key Flex

ELSEVIER Clinical Key Flex

Sr.No Features ELSEVIER Clinical Key Flex

1 Publisher Elsevier
2 E-Journals/ Articles/Case 650+ Full Text high impact Journals (with back
Reports/Drugs/ Monographs etc… files from 2007 & Articles in press)
3 e- Books 1000+ full Text Books (Latest Editions) of
Elsevier across 30+ specialties
4 Any Other specifications/ databases Subscription of ELSEVIER Clinical Key Flex
Clinical Key Flex for (100 Users) with Access via
user Names & passwords
5 Access Method Access via User name and Password
6 User Access Anywhere by way of remote access
7 Users 100
8 Duration 12 months
9 Please provide Journal list and free
Journal / Other Offer

Clinical Key Student (Foundation + Assessment)


Sr.No Features
1 Clinical Key Stutdent (Foundation + Assessment) for faculties and students of 1st, 2nd, and
3rd year MBBS via username and password. Including 6 physical and 4 online training
sessions as per the choice of the users.

Subscription of Clinical Key Flex for (100 Users) and Clinical key Student (Foundation + Assessment)
for faculties and students of 1st, 2nd and 3rd year MBBS via username and passward. Including 6
physical and 4 online training sessions as per the choice of the users with Access via user Names &
passwords for the period of 12 Months with following details.
1. Subscription Rate (Institutional)
2. Mode of Payment
3. Discount
4. Details of Remittance to the Elsevier ClinicalKey Flex (100 Users) Clinical key Student
(Foundation + Assessment) for faculties and students of 1st, 2nd and 3rd year MBBS via
username and passward. Including 6 physical and 4 online training sessions as per the
choice of the users with Access via user Names & passwords for the period of 12 Months.
5. Special features if any
6. List of clients
7. GST Registration No and Certificate
8. Approved Supplier Certificates / Proprietary Article Certificate. (PAC) Authorized dealer
9. certificate.(Current year’s)
10. Registered Member Registration No / Membership no.
11. PAN card copy / Income Tax clearance certificates for the last three years.

6
Terms & Conditions as follows

1. You shall remit the subscription charges in advance and shall claim the same from us by submitting
your pre-receipted invoice in triplicate along with the Elsevier - Clinical Key Flex (100 users) attested
price proof, invoice and payment proof Bank certificate.
2. Discount / offer is applicable as per your quotations.
3. The Conversion rates of foreign currencies shall be nationalized bank rates prevailing on the date of
your remittance to the Elsevier Clinical Key Flex (i.e., the date of your obtaining the bank draft) A
certificate from the bank showing the exchange rates should be enclosed along with your invoice and
remittance of payment on behalf of Dean, M.G.I.M.S. Sewagram, Wardha
4. You shall place the subscription orders directly with the Elsevier Clinical Key Flex.
5. Dean, MGIMS reserves the right to any changes in tender cancellation without assigning any reason.
6. The tender will not accomplish without above mentioned terms & conditions.
7. You shall provide Clinical Key Flex (100 Users) and Clinical key student (Foundation + Assessment)
Access via user Names & passwords.

Officer Incharge, Medical Superintendent Dean Secretary


Central Library Kasturba Hospital MGIMS Kasturba Health Society

7
SECTION - V
CHECKLIST (to be submitted with Technical Bid)

The vendor should upload following documents (duly attested) with Technical Bid
(Please give Annexure No. for submitted Documents as mentioned below)

Name of Company: __________________________________________________________


Name of Contact Person: _____________________________________________________
Mobile No: _______________________ eMail ID: _______________________________

Document
Annexure Reason for not submitting
Sr No Name of Document Submitted
No documents
(Yes/No)

1 Detailed technical specifications I

Authorized Distributor
2 II
Certificate (Current Year's)

User List (wherever Equipment


3 / Instruments supplied and III
installed)

Manufacturing Certificate of
4 IV
Manufacturer Company

Last 3 years Tax Assessment


5 V
and Turn Over Certificates

6 GST Registration Certificate VI

7 PAN Card VII

MSE Registration Certificate (if


8 VIII
applicable)

ISO Certification
9 IX
(ISO 9001 & ISO 13485)

10 EMD receipt X

Declaration of the Supplier


11 XI
/Vendor/Contractor

Details of Bank Account which


is linked with PAN – Aadhaar
12 and updated validation for XII
remittance.

Signature with Company Seal

8
SECTION - VI
DECLARATION
(Declaration to be inserted by the bidder in the tender enquiry document)

I __________________S/o/D/o______________________________ Aged______ years holding


PAN________________Aadhar___________________________________ being (capacity–Proprietor
/Partner/Director/Authorised representative) of ___________________________________ (name
of the Supplier) (Proprietorship/Company/Partnership)___________________________________
______________________,PAN:_____________ Address ____________________________________
____________________ do hereby declare that I / We have agreed to all the terms and
conditions specified in the above set of Tender Enquiry Document bearing no. _______________
and further that in case the above named Supplier/ Bidder fails in fulfilling one or more of the
conditions or acts in contravention to or in contempt of any of the terms and condition or
requirement specified in the above stated Tender Document or those mentioned by MGIMS from
time to time or during the tenure that committed for supply installation, commissioning,
warrantee and for maintenance of the concerned items shall amount to disqualification of the
Supplier/Bidder which shall entailed in debarment of his/their participating in the process of
quotation for supply of any equipment/article/valuable quoted or otherwise and further he/they
shall be liable to get the EMD or Security deposit in any form forfeited and shall also be liable to
a penalty and fine including that specified and further be required disassociate him/them from
participating into any tender process notified by Mahatma Gandhi Institute of Medical Sciences,
Sevagram (referred to as MGIMS) and to take any step that shall be found appropriate in the sole
discretion of Dean, MGIMS against above name. The declarant has explicitly understood and
therefore, agreed that the Dean of MGIMS and/or an Authority of Kasturba Health Society
(Parent Organisation) shall have an unqualified right/authority to debar the
supplier/bidder/declarant or its associate(s) from participating in tenders/quotation if any
invited or purchase enquiries floated by and on behalf of MGIMS. The Declarant, further declared
that in the event of an action/step that shall be taken by Authority(ies) of MGIMS or/and its
parent organization in this respect, the declarant including its authorised person shall not
challenge or/and assail any of such action/step/order.

Signature & Seal


supplier/bidder/declarant

9
ANNEXURE – 1

PRE CONTRACT INTEGRITY PACT


(This agreement should be digitally signed using Digital Signature Certificate (DSC)) by the bidder
and be submitted along with technical bids. After receiving the Award of Contract, copy of the
same with or without modifications shall be executed on a Non Judicial Stamp Paper for Rs.500/-
(or as shall be applicable) therefore Non Judicial Stamp Paper of Rs.500/- (Rupees Five hundred)
should also be submitted on receipt of P.O.

General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on _______ day
of the month of _____________ 20____, between, on one hand, Kasturba Health Society, acting
through The Dean, Kasturba Health Society’s Mahatma Gandhi Institute of Medical Sciences,
Sevagram - Wardha, Maharashtra / Secretary, Kasturba Health Society a foundation society
(hereinafter called the "BUYER/ CONTRACTEE”, which expression shall mean and include,
unless the context otherwise requires, his successors in office and assigns) of the First Part and M/S
_____________________ represented by Shri __________________, Chief Executive Officer or
Authorised Personnel (hereinafter called the "BIDDER/SELLER” which expression shall mean and
include, unless the context otherwise requires, his successors and permitted assigns) of the Second
Part.

WHEREAS the BUYER/CONTRACTEE proposes to procure (name of the Stores/ Equipment/


Item) and the BIDDER/Seller is willing to offer/has offered the goods for sale.

WHEREAS the BIDDER is a private company/public company/Government


undertaking/partnership/registered export/import agency, constituted in accordance with the
relevant law Individual / HUF in the matter and the BUYER/CONTRACTEE – Kasturba Health
Society is a Society registered under Society Registration Act 1860 and manages the Mahatma
Gandhi Institute of Medical Sciences, Sevagram, Wardha Dist.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be
entered into with a view to:

10
Enabling the BUYER/CONTRACTEE to obtain the desired said goods/equipment/contract at a
competitive price in conformity with the specified specifications by avoiding the high cost and the
distortionary impact of corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure
the contract by providing assurance to them that their competitors will also abstain from bribing and
other corrupt practices and the BUYER/CONTRACTEE will commit to prevent corruption, in any
form, by its officials by following transparent procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

1. Commitments of the BUYER/CONTRACTEE


1.1. The BUYER/CONTRACTEE undertakes that no official of the BUYER/CONTRACTEE,
connected directly or indirectly with the contract, will demand, take a promise for or accept,
directly or through intermediaries, any bribe, consideration, gift, reward, favour or any
material or immaterial benefit or any other advantage from the BIDDER, either for
themselves or for any person, organisation or third party related to the contract in exchange
for an advantage in the bidding process, bid evaluation, contracting or implementation
process related to the contract.

1.2. The BUYER/CONTRACTEE will, during the pre-contract stage, treat all BIDDERs alike,
and will provide to all BIDDERs the same information and will not provide any such
information to any particular BIDDER which could afford an advantage to that particular
BIDDER in comparison to other BIDDERs.

1.3. All the officials of the BUYER/CONTRACTEE will report to an appropriate Authority
i.e. Secretary, Kasturba Health Society any attempted or completed breaches of the
above commitments as well as any substantial suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is reported by the
BIDDER to the BUYER/CONTRACTEE with full and verifiable facts and the same is prima
facie found to be correct by the BUYER/CONTRACTEE, necessary disciplinary proceedings,
or any other action as deemed fit, including criminal proceedings may be initiated by the
BUYER/CONTRACTEE and such a person shall be debarred from further dealings related to

11
the contract process. In such a case while an enquiry is being conducted by the
BUYER/CONTRACTEE the proceedings under the contract would not be stalled.
Commitments of BIDDERs
3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activities during any stage of its bid or during any pre-contract or post-
contract stage in order to secure the contract or in furtherance to secure it and in particular
commit itself to the following:
3.1. The Bidder will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the
BUYER/CONTRACTEE, connected directly or indirectly with the bidding process, or
to any person, organization or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the Contract.

3.2. The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to
any official of the BUYER/CONTRACTEE or otherwise in procuring the Contract or
forbearing to do or having done any act in relation to the obtaining or execution of the
contract or any other contract with the Government for showing or forbearing to show
favour or disfavour to any person in relation to the contract or any other contract with
the Government.

3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian
BIDDERs shall disclose their foreign principals or associates.

3.4 BIDDERs shall disclose the payments to be made by them to agents/ brokers or any other
intermediary, in connection with this bid/contract.

3.5 The BIDDER further confirms and declares to the BUYER/CONTRACTEE that the
BIDDER is the original manufacturer / integrator / authorized Dealer / stockist /
authorized government sponsored export entity of the goods (as per document enclosed
vide Annexure ………..) and has not engaged any individual or firm or company
whether Indian or foreign to intercede, facilitate or in any way to recommend to the
BUYER/CONTRACTEE or any of its functionaries, whether officially or unofficially to
the award of the contract to the BIDDER, nor has any amount been paid, promised or

12
intended to be paid to any such individual, firm or company in respect of any such
intercession, facilitation or recommendation.

3.6. The BIDDER, either while presenting the bid or during pre-contract negotiations or
before signing the contract, shall disclose any payments he has made, is committed to or
intends to make to officials of the BUYER/CONTRACTEE or their family members,
representative / officials, agents, brokers or any other intermediaries in connection with
the contract and the details of services agreed upon for such payments.

3.7. The BIDDER will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting
and implementation of the contract.

3.8. The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.

3.9. The BIDDER shall not use improperly, for purposes of competition or personal gain, or
pass on to others, any information provided by the BUYER/CONTRACTEE as part of
the business relationship, regarding plans, technical proposals and business details,
including information contained in any electronic data carrier. The BIDDER also
undertakes to exercise due and adequate care lest any such information is divulged.

3.10. The BIDDER commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.

3.11. The BIDDER shall not instigate or cause to instigate any third person to commit any of
the actions mentioned above.

3.12. If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly, is a relative of any of the officers of the
BUYER/CONTRACTEE, or alternatively, if any relative of an officer of the
BUYER/CONTRACTEE has financial interest/stake in the BIDDER's firm, the same
shall be disclosed by the BIDDER at the time of filing of tender.
The term 'relative' for this purpose would be as defined in Section 6 of the Companies
Act, 1956.

3.13. The BIDDER shall not lend to or borrow any money from or enter into any monetary

13
dealings or transactions, directly or indirectly, with any employee of the
BUYER/CONTRACTEE.
4. Previous Transgression
4.1. The BIDDER declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any
country in respect of any corrupt practices envisaged hereunder or with any Public
Sector Enterprise in India or any Government Department in India that could justify
BIDDER's exclusion from the tender process.

4.2. The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can
be disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason.

5. Earnest Money (Security Deposit)


5.1 While submitting commercial bid, the BIDDER shall deposit an amount
Rs.______________________ (to be specified in RFP) as Earnest Money/Security
Deposit, with the BUYER/CONTRACTEE through any of the following instruments:
(i) Bank Draft or a Pay Order or by RTGS / NEFT towards EMD in favour of
Kasturba Health Society, Sevagram
(ii) Any other mode or through any other instrument (specified in the RFP).

5.2. The Earnest Money/Security Deposit of the successful BIDDER shall be valid upto a
period of five year or the complete conclusion of the contractual obligations to the
complete satisfaction of both the BIDDER and the BUYER/CONTRACTEE, including
warranty period, whichever is later.

5.3. In case of the successful BIDDER a clause would also be incorporated in the Article
pertaining to Performance Bond in the Purchase Contract that the provisions of
Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of
a decision by the BUYER/CONTRACTEE to forfeit the same without assigning any
reason for imposing sanction for violation of this Pact.

5.4. No interest shall be payable by the BUYER/CONTRACTEE to the BIDDER on Earnest


Money / Security Deposit for the period of its currency.

6. Sanctions for Violations


6.1. Any breach of the aforesaid provisions by the BIDDER or any one employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER) shall

14
entitle the BUYER/CONTRACTEE to take all or any one of the following actions,
wherever required:
(i) To immediately call off the pre-contract negotiations without assigning any
reason or giving any compensation to the BIDDER. However, the proceedings
with the other BIDDER(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is signed) shall stand forfeited
either fully or partially, as decided by the BUYER/CONTRACTEE and the
BUYER/ CONTRACTEE shall not be required to assign any reason therefor.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER.
(iv) To recover all sums already paid by the BUYER/CONTRACTEE, and in case
of an Indian BIDDER with interest thereon at 15% p.a., while in case of a
BIDDER from a country other than India with interest thereon at 5% higher
than the LIBOR. If any outstanding payment is due to the BIDDER from the
BUYER in connection with any other contract for any other goods, such
outstanding payment could also be utilised to recover the aforesaid sum and
interest.
(v) To encash/redeem the advance bank guarantee and performance bond/warranty
bond, that furnished by the BIDDER, in order to recover the payments, already
made by the BUYER/CONTRACTEE, along with interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be
liable to pay compensation for any loss or damage to the
BUYER/CONTRACTEE resulting from such cancellation/rescission and the
BUYER/CONTRACTEE shall be entitled to deduct the amount so payable
from the money(s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes of the
MGIMS/KHS for a minimum period of five years, which may be further
extended at the discretion of the BUYER/CONTRACTEE.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any
middleman or agent or broker with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in respect of
any contract signed by the BUYER/CONTRACTEE with the BIDDER, the
same shall not be opened.
(x) Forfeiture of Performance Bond in case of a decision by the

15
BUYER/CONTRACTEE to forfeit the same without assigning any reason for
imposing sanction for violation of this Pact.
6.2. The BUYER/CONTRACTEE will be entitled to take all or any of the actions
mentioned at para 6.1 (i) to (x) of this Pact also on the Commission by the BIDDER or
any one employed by it or acting on its behalf (whether with or without the knowledge
of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal Code,
1860, or Prevention of Corruption Act, 1988, or any other statute enacted for prevention
of corruption.

6.3. The decision of the BUYER/CONTRACTEE to the effect that a breach of the
provisions of this Pact has been committed by the BIDDER shall be final and
conclusive on the BIDDER.

7. Fall Clause
7.1. The BIDDER undertakes that it has not supplied/is not supplying similar
product/systems or subsystems at a price lower than that offered in the present bid in
respect of any other Department of the Government of India or PSU or Medical Institute
and if it is found at any stage that similar product/systems or sub system was supplied
by the BIDDER to any other Department of the Government of India or a PSU or
Medical Institute at a lower price, then that very price, with due allowance for elapsed
time, will be applicable to the present case and the difference in the cost would be
refunded by the BIDDER to the BUYER/CONTRACTEE, if the contract has already
been concluded.
8. Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of commission,
the BUYER/CONTRACTEE or its agencies shall be entitled to examine all the documents
including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary
information and documents in English and shall extend all possible help for the purpose of such
examination.
9. Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the
BUYER/CONTRACTEE i.e. Court of Law of Wardha Jurisdiction or Sevagram (Dist.
Wardha), Maharashtra.

10. Other Legal Actions


The actions stipulated in this Integrity Pact are without prejudice to any other legal action that

16
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.
11. Validity
11.1. The validity of this Integrity Pact shall be from the date of its signing and extend upto 5
years or the complete execution of the contract to the satisfaction of both the
BUYER/CONTRACTEE and the BIDDER/Seller, including warranty period,
whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire
after six months from the date of the signing of the contract.

11.2. Should one or several provisions of this Pact turn out to be invalid, the remainder of
this pact shall remain valid. In this case, the parties will strive to come to an agreement
to their original intentions.

12. The parties hereby sign this Integrity Pact at Sevagram on ___________

BUYER/CONTRACTEE BIDDER
Dean
Mahatma Gandhi Institute of
Medical Sciences Managed by
Kasturba Health Society,
Sevagram Dist. Wardha

Witness Witness
1. ________________________ 1.________________________

2. ________________________ 2. ________________________

*Provisions of these clauses would need to be amended/deleted in line with the policy of the
BUYER/CONTRACTEE in regard to involvement of Indian agents of foreign suppliers.

Signature Not Verified


Digitally signed by AJAY KUMAR SHUKLA
Date: 2025.07.08 16:58:36 IST
Location: eProcure-EPROC 17

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