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INTEGRITY PACT

INTEGRITY PACT

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INTEGRITY PACT

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  1. INTEGRITY PACT Presentation by Corporate Materials Management Group Steel Authority of India Limited On 7-7-2008

  2. INTEGRITY PACT SALIENT FEATURES • DEVELOPED IN COLLABORATION WITH TRANSPARENCY INTERNATIONAL(TI) • GUIDELINES FOR BANNING & REGARDING INDIAN AGENT PART OF THE PACT • VETTED BY ADDITIONAL SOLICITOR GENERAL OF INDIA • AIMED AT PREVENTING CORRUPTION IN PUBLIC CONTRACTING SAIL/CMMG

  3. INTEGRITY PACT SALIENT FEATURES • CONTAINS RIGHTS & OBLIGATIONS OF THE TWO PARTIES • AUDITING SYSTEM FOR INDEPENDENT OVERVIEW • COMPLIANCE TO BE REVIEWED BY INDEPENDENT EXTERNAL MONIOTOR (IEM) SAIL/CMMG

  4. INTEGRITYPACT APPLICABILITY OF THE PACT • STARTS WITH TENDERING PROCESS • PACT BECOMES EFFECTIVE ON SIGNING & SUBMISSION WITH BID BY BIDDER • COVERS PRE & POST EVALUATION / CONTRACT AWARD PERIOD • MANDATORY FOR ALL TENDERS, CONTRACTS, LTAs ABOVE THRESHOLD VALUE SAIL/CMMG

  5. INTEGRITYPACT APPLICABILITY OF THE PACT • EFFECTIVE AFTER APPROVAL OF THE BOARD • BEGINS WITH SIGNING & OVER AFTER 12 MONTHS OF LAST PAYMENT • FOR OTHER UNSUCCESSFUL BIDDERS 6 MONTHS AFTER AWARD OF CONTRACT SAIL/CMMG

  6. INTEGRITY PACT OBLIGATIONS OF THE PRINCIPAL • COMMITS TO PREVENT CORRUPTION : • NO BENEFIT OBTAINED BY ANY EMPLOYEE • TREAT ALL BIDDER(S) WITH EQUITY & REASON, • EXCLUDE FROM THE PROCESS THE INTERESTED PERSONS • ANY SUSPICIOUS CASES WILL BE INFORMED TO CVO • TO APPOINT INDEPENDENT EXTERNAL MONITOR(IEM) • TO PROVIDE SUFFICIENT INFORMATION TO IEM ABOUT THE CASE SAIL/CMMG

  7. INTEGRITY PACT OBLIGATIONS OF BIDDER / CONTRACTOR • TO PREVENT CORRUPTION • NOT TO BRIBE EMPLOYEES OF THE PRINCIPAL • NOT TO COMMIT ANY OFFENCE UNDER IPC/PC ACT • NOT TO SECURE ADVANTAGES BY GIVING BENEFITS • NOT TO FORM ANY CARTEL – PRICE,QUANTITY,DP ETC • NOT TO PASS ON INFORMATION PROVIDED BY THE PRINCIPAL SAIL/CMMG

  8. INTEGRITY PACT OBLIGATIONS OF BIDDER / CONTRACTOR (Cont…) • TO DISCLOSE DETAILS OF INDIAN AGENT • TO DISCLOSE DETAILS OF PAYMENTS TO INDIAN AGENT • NOT TO INSTIGATE THIRD PERSONS TO COMMIT VOILATIONS UNDER THE PACT • TO BE RESPONSIBLE FOR SUB CONTRACTOR(S) • ALLOW IEM TO HAVE ACCESS TO HIS CASE DOCUMENTS • DECLARE NO PREVIOUS TRANSGRESSIONS IN LAST 3 YRS SAIL/CMMG

  9. INTEGRITY PACT OBLIGATIONS OF IEM • PERFORMS FUNCTION NEUTRALLY & INDEPENDENTLY • REVIEW COMPLIANCE BY THE PARTIES INDEPENDENTLY & OBJECTIVELY • INSPECT RELATED DOCUMENTS OF THE BIDDER/CONTRACTOR • KEEP BIDDER’S DOCUMENT/INFORMATION CONFIDENTIAL • ON VIOLATION, ACT SUO MOTO,INFORM/ADVICE MANAGEMENT SAIL/CMMG

  10. INTEGRITY PACT OBLIGATIONS OF IEM (Cont….) • SUBMIT REPORT TO CHAIRMAN WITHIN 8-10 WEEKS • STATUS OF IEM AS INDEPENDENT DIRECTOR ON BOARD • IF REPORTED ANY SUSPICION OF AN OFFENCE UNDER THE IPC/PC ACT, TO CHAIRMAN, AND NO ACTION TAKEN IN REASONABLE TIME , MAY REPORT THE MATTER TO CVC. SAIL/CMMG

  11. INTEGRITY PACT ACTION FOR NON COMPLIANCE OF THE COMMITMENTS • DISQUALIFICATION AND/OR EXCLUSION FROM FUTURE CONTRACTS AS PER SAIL BANNING PROCEDURE • FORFEITURE OF EMD BEFORE AWARD OF CONTRACT • IMPOSITION OF LD/ENCASHING PBG DURING EXECUTION PERIOD • ACTION MAY BE TAKEN EVEN FOR INCORRECT STATEMENT MADE SAIL/CMMG

  12. INTEGRITY PACT IMPLEMENTATION PROCEDURE IN SAIL • COMPETENT & CREDIBLE IEM APPOINTED • MANDATORY FOR BIDDER FOR ALL TENDERS, CONTRACTS, LTAs VALUING Rs.100 CR. AND ABOVE • IMPLEMENTED IN SAIL WEF 16-08-2007 • SAIL UPLOADS / SENDS DULY SIGNED IPACT TO BIDDER(S) • BIDDER SIGNS IPACT & SUBMITS SAIL/CMMG

  13. INTEGRITY PACT IMPLEMENTATION PROCEDURE • ON NON SUMISSION OF IPACT BID IS REJECTED • BIDDER IF FEEL AGGRIEVED MAY APPROACH IEM OR CVO • ANY COMPLAINT/INFORMATION REGARDING VIOLATION TO BE FORWARDED TO CVO • CVO SHALL INFORM TO IEM SAIL/CMMG

  14. INTEGRITY PACT IPACT MODIFICATIONS • SAIL BOARD FORMED A COMMITTEE TO: • EXAMINE REQUEST FOR MODIFICATION(S) • IF URGENT, MODIFY & INFORM THE BOARD • OTHERWISE SUBMIT TO BOARD FOR CONSIDERATION • CLAUSES MODIFIED : • CLAUSE 1 OF SECTION 5: PRVEOUS TRNSGRESSION ANY COUNTRY REPLACED WITH “INDIA” SAIL/CMMG

  15. INTEGRITY PACT IPACT MODIFICATIONS • CLAUSES MODIFIED : • CLAUSE 2 OF SECTION 8: IEM ADDED: IT WILL BE OBLIGATORY FOR IEM TO TREAT THE INFORMATION AND DOCUMENTS OF THE BIDDERS / CONTRACTORS AS CONFIDENTIAL. • NEW CLAUSE 5 IN SECTION 10: GENERAL IN THE EVENT OF ANY CONTRADICTION BETWEEN THE INTEGRITY PACT AND ITS ANNEXURE, THE CLAUSE IN THE INTEGRITY PACT WILL PREVAIL. SAIL/CMMG

  16. INTEGRITY PACT ISSUES • REPUTED FOREIGN SUPPLIER GETS IT EXAMINED BY THEIR ATTORNEY, WHO COME OUT WITH DIFFERENT MODIFICATIONS • CAN INTERNAL PROCEDURE BE PART OF THE PACT ? • CAN PACT WITH DIFFERENT MODIFICATIONS BE SIGNED WITH DIFFERENT PARTIES? SAIL/CMMG