should
not be initiated against them under Clause 6 of the Integrity Pact of
the tender document including debarment of JV and the members ... that they did
not violate any of the clauses of the integrity pact. However, the said
show cause notices were not recalled. TCPL
required the bidders to enter into a Pre-Contract Integrity Pact
(hereinafter referred to as "the Integrity Pact"), prior to submission ... defaults, by unscrupulous contractors, whose
integrity is suspect. The various defaults, contemplated by Clause 3 of
the Integrity Pact, in Mr Viswanathan‟s submissions, suffice
also in
violation of Clause 3.6 of the Pre-contract Integrity Pact, which prohibits
the bidders from colluding with other parties interested in the contract ... Placing reliance on Clause 5.1 (VII) of the Pre-contract Integrity
Pact, she submits that any breach of the terms of the Pact would have
proposal
('RFP' for short) also included a Pre-Contract Integrity Pact ('PCIP' for
short) that contained stipulation that the bidder must ... said monitors.
3. The PCIP was further supported by an Integrity-Pact Bank
Guarantee for an amount of Rs.3 Crore. The petitioner being
should not have
any conflict of interest between them as per Integrity Pact enclosed with the
tender."
3. We may note that though ... have been filed by the
learned counsel for the petitioner, the Integrity Pact that finds mention at page
28 of the documents as Annexure
invoked Clause 20 of the NIT which provided for an integrity pact
under which two Independent External Monitors (“IEM”) had been
Page | 5
appointed
that Clause 20(iii)
of the tender provided for an integrity pact “ensuring
transparency and fair dealing” and that integrity pact had
been duly signed
Price fall clause
7.1 Price fall clause: As per Pre Contract
Integrity Pact clause No.7 which reads
as under:-
"The BIDDER undertakes that ... Clause 7.1 sets out a provision from the pre-
contract integrity pact. On a plain reading of such
clause, it is evident that there
also special
terms and conditions for transport contract and pre-
contract integrity pact with required documents as
prescribed in Annexure-I-mandate form for electronic
Fall Clause:
7.1 Price Fall clause: As per enclosed Pre‐Contract Integrity Pact Clause No.7
which reads as under;
"The BIDDER undertakes that
