NOTICE INVITING TENDER FOR SUPPLY OF IRON ORE FINES FROM DOMESTIC SOURCES (IN AND AROUND VISAKHAPATNAM) No.PUR.8.66.IOF/0028 Dated: 19/07/2018

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Transcription:

NOTICE INVITING TENDER FOR SUPPLY OF IRON ORE FINES FROM DOMESTIC SOURCES (IN AND AROUND VISAKHAPATNAM) No.PUR.8.66.IOF/0028 Dated: 19/07/2018 Please visit our Company website for taking note of any further corrections/modifications/addendums to the tender terms and quote accordingly. TENDER DUE ON 23/07/2018 AFTER 10:30 Hrs. Sub: Supply of Iron Ore Fines Quotations are invited from Iron Ore Suppliers, i.e. Traders/Stockists /exporters for supply of 1,00,000 WMT ±10% of Iron Ore Fines on loaded in to wagons basis at the named Railway siding as per the specification, terms and conditions etc indicated in the NIT enclosed. RINL reserves the right to accept the bids for part quantities of 25,000 MT +/-10% each of the tendered quantity. The bidders shall submit their bids as detailed at clause-1, submission of tender documents. 1. Submission of Tenders Documents for supply of Iron Ore Fines: a) Please quote your price on FOR Loading Station basis (loaded in to wagons basis), including all taxes & statutory levies as applicable and excluding applicable GST. b) The tenders complete in all respects conforming to the Specification, commercial Terms & Conditions and General Conditions of contract of RINL shall be submitted as under: 1.1 Cover.1 Earnest Money Deposit. a) Earnest Money Deposit: The bidders shall furnish an interest free Earnest Money Deposit of Rs.2,50,000/- (Rupees Two Lakh and fifty only) by way of Demand Draft/ RTGS in favour of RINL, payable at Visakhapatnam along with the tender. Please note that Tenders without EMD, will be summarily rejected. b) The Earnest Money Deposit (EMD), enclosed in a separate sealed cover duly superscribed as COVER.1-EARNEST MONEY DEPOSIT, indicating Tender Document number & Date and Due Date of Opening of the Tender. Page 1 of 16

1.2 Cover.2 Techno Commercial Tender comprising of (a) Specification of Iron Ore Fines: Annexure-1. The tenderer shall also attach a copy of recent analysis certificate of the offered material. (b) Purchaser s Commercial Terms & Conditions including General Conditions of contract of RINL RINL: Annexure-2 (c) Copy of the Un- Priced Bid without indicating Price : Annexure- 3 (d) Price Bid to be submitted in a separate Sealed cover : Annexure-4 (e) Integrity Pact: Annexure-5 The above annexures duly signed and seal affixed on all the pages as an indication of acceptance by the bidder are to be submitted as part of techno-commercial bid. The Techno-Commercial tender comprising the above shall be enclosed in a separate sealed cover duly superscribed as "COVER.2 TECHNO-COMMERCIAL BID, indicating Tender Document number & Date and Due Date of Opening of Tender. 1.3 Cover.3 Price BID : The Price in the format furnished at Annexure 4, i.e., price bid to this tender document duly filled in & signed shall alone be enclosed in a separate sealed cover duly super scribed as " COVER.3 PRICE BID " and indicating Tender Document number & Date and Due Date of Opening of Tender. 1.4 Cover.4 Common Outer Cover : Cover at (1.1), (1.2) & (1.3) above shall be kept in a common sealed outer cover duly superscribed as "TENDER FOR SUPPLY OF IRON ORE FINES and indicating Tender Document number & Date and Due Date of Opening of Tender. The cover at (1.4) above shall reach the Purchaser before 10.30 HRS on or before 23/07/2018. 2. RINL shall receive the completed bid documents as above, to be dropped in person/post into the PURCHASE TENDER BOX" placed in the office of; Executive Director (Materials Management), Purchase Department, III Floor, Main Admn. Building, Rashtriya Ispat Nigam Limited - Visakhapatnam Steel Plant, VISAKHAPATNAM 530 031. The bids received in any other form such as FAX, e-mail, in open condition, incomplete condition, and after the due time & date of opening or delayed receipt caused under any other circumstances will be rejected. Page 2 of 16

3. TENDER OPENING: 3.1) Techno-Commercial Bid opening: Techno-commercial Tenders submitted as above will be opened at the above address after 10.30 AM on 23/07/2018. The bidder or his authorized representative can witness the opening of tenders, if they wish to do so along with the authorization letter from the bidder. If due date for opening of the tenders happens to be a Public holiday or a declared holiday for the Buyer, the opening of tenders will be done on the next working day at the same time specified originally for opening. 3.2) Price Bid opening: The hard copies of the Price bids of those bidders, who meet the Techno-Commercial terms and other conditions, will only be opened separately with advance intimation of time & date of opening after completion of reverse e-auction. 7. EVALUATION OF BIDS: a) First stage: Techno-Commercial evaluation: i) Issue of Enquiry: by RINL ii) iii) Receipt of quotation in Two Bid system by RINL directly from bidders, i.e. Techno-Commercial and Price Bid in two separate sealed covers. The Techno-commercial evaluation. b) Second stage: Reverse auction All techno-commercially qualified bidders will be allowed to participate in the reverse e-auction process to be held by RINL. The Auction details will be provided before the auction date. c) Third stage: Composite price comparative statement After the receipt of the price comparative statement of Reverse e-auction conducted by RINL in the second stage, the sealed price bids of all the technocommercially acceptable tenderers received along with the techno-commercial offers will be opened and a composite price comparative statement shall be made (i.e. price bid submitted in a sealed cover & Reverse e-auction prices of all the tenders). Placement of order shall be considered on the highest differential price, i.e. L-1 price so arrived. Page 3 of 16

Annexure-1 TECHNICAL SPECIFICATIONS OF `IRON ORE FINES Specificns Units Technical S.No (Limit Parameters s) (1) (2) (3) (4) Chemical Composition : 1) Fe % Min 61 2) Alumina (Al 2 O 3 ) % Max 3.0 3) Phosphorus % Max 0.07 4) Sulphur % Max 0.07 5) Moisture % Max 8.0 Physical Composition : 6) Above 10 mm % Max. 5.0 7) Below 10 mm % Min. 80.0 8) Under Size (-150 Microns) % Max. 15.0 1. Fe: It is to be ensured that under any circumstances, Iron ore Fines shall not be supplied with Fe content less than 60%. If Fe content less than 60%, the material will not be accepted. The quoted price is meant for the base grade ore (mentioned as basis) and the actual percent of Fe basis shall be applied for computation of the price on prorate basis for the grade 62% to 60% 2. Alumina (Al 2 O 3 ) Al 2 O 3 beyond 3.0% is not acceptable. The supplier should ensure that Iron ore fines shall not be supplied with Al 2 O 3 content beyond 3.0% Max. 3. Moisture For excess moisture than the specifications (i.e. above 8% upto 10%), the landed value of the material for the excess moisture content shall be deducted by Buyer for payment to the Seller, and if moisture goes above 10% buyer shall have the right to reject the material supplied. Page 4 of 16

ANNEXURE-2 COMMERCIAL TERMS AND CONDITIONS 1. MATERIAL: IRON ORE FINES. 2. QUANTITY: 1,00,000WMT ±10%, RINL reserves the right to accept the bids for part quantity of 25,000 MT+/- 10% each of the tendered quantity. 3. PRICE: a) The Basic price on per Metric Tonne (of one thousand kilograms each) basis shall be on F O R Loading station price quoted including all applicable i.e. railway siding & haulage charges and other charges(if any) and excluding GST. The Railway freight shall be arranged by RINL on intimation of loaded quantity by the Seller. b) The price quoted by the Bidder shall be firm during the Bidder's Performance of the contract and shall not be subjected to any escalation/variation on any account. Bids submitted with adjustable price/ variable price/ conditional price will be treated as non- responsive and rejected. c) Goods and Service Tax (GST): Percentage applicable to be indicated and payable extra. 4. DELIVERY: a) Supplies shall commence within 2 working days of placement of order and seller shall ensure that the delivery is completed within 7 days on FOR Loading Station basis by Rail. b) The seller shall be responsible for the timely indenting of adequate number of wagons and arrange to load the wagons as required, to fulfill the delivery schedule/ instructions. Dead freight detention charges, idle gang etc. at the time of loading point, if any shall be to the seller s account. c) In case of placement of order beyond 25,000MT +/- 10% on single source, the delivery period shall extended by a further period of 1 day per rake load. d) Delivery period is the essence of the contract. e) The seller shall ensure that loading is done as per the Railway norms. In case the rake is found to be under loaded/overloading charges, dead freight and other incidental expenses, if any, involved due to under loading will be debited to the Seller s account. Page 5 of 16

5. QUALITY & QUANTITY Quality to be as per the Analysis report issued by a reputed third party inspection agency appointed by the Seller with due acceptance of the buyer at the time of loading would be final and binding on both parties. Quantity as mentioned in the railway receipt (RR) would be final and binding on both the parties. 6. PAYMENT: 6.1 RINL shall release 50% payment within 3 working days hours against submission of the following documents: a) Copy of Railway Receipt (RR) b) Seller s signed Tax Invoice 6.2 Balance 50% within 7 days after submission of following documents: a) Tax Invoice b) Original Railway Receipt (RR) c) Original Analysis report issued by Third party analyst. 7. VALIDITY: The offer to be kept valid for 30 days from the date of opening of the techno-commercial tenders. Tenders with inadequate validity will be rejected. 8. INTEGRITY PACT: Tenderer is required to unconditionally accept the Integrity Pact enclosed to the Tender Document at Annexure-VI to the Tender Document and shall submit the same duly signed along with his offer. Offer of the Tenderer received without Integrity Pact duly signed, is liable for rejection. Page 6 of 16

8.1 The details of Independent External Monitors nominated for this Tender are given hereunder : Nodal Officer : IEM Shri Siva Prasad Rao Address: Flat No. 4 H, South Park Apartment, Opp. HDFC Bank, Nallagandla By pass Road, Nallagandla, Serilingampally, Hyderabad 500 019 Mobile No : +91 9908511188 Email Id : sivaprasadrao1950@gmail.com spr50@rediffmail.com Shri A. Bhattacharya GM (MM-Purchase) Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant, Administration Building 3 rd Floor Visakhapatnam 530031 Phone No : 0891-2519503 Mobile: +91 9866126149 Fax No : 0891-2518753 E-mail: agnimitra@vizagsteel.com Shri V V R Sastry Address: # 957, 9thMain, 3rd Stage, 3rdBlock, Basaveswaranagar, Bangalore, Karnataka, Pin 560 079 Mobile No : +919845279327 Email Id : ryvvr@gmail.com; Shri P K Vijay Kumar Address: Madharam, Vaniyan Lane Punkunnam (Post), Thrissur, Kerala, Pin 560 079 Mobile No : +918547381122 Email Id : menon78@gmail.com 9. FRAUD PREVENTION POLICY OF RINL Every one may take a note that a Fraud Prevention Policy is being followed at RINL, which provides a system for prevention detection / reporting of any fraud. It also forbid everyone from involvement in any fraudulent activity and that where any fraudulent activity is suspected by anyone, the matter must be reported to the Nodal Officer (Chief Vigilance Officer) as soon as he / she comes to know of any fraud or suspected fraud. Page 7 of 16

10. LEGITAMACY OF SUPPLIES: The supplier should ensure that iron ore emanates from legitimate sources and approved mines only. As such, no illegitimate or uncertified iron ore is to be supplied. To this effect documentary evidence in the form of clearance from Department of Mines of the state concerned shall be produced. 11. GENERAL CONDITIONS OF CONTRACT: Bidder to confirm acceptance to the General Conditions of Contract for indigenous supplies- RINL. However, the terms and conditions as contained in this tender enquiry shall prevail over General Conditions of Contract wherever applicable and to the extent applicable. (The General Conditions of Contract-RINL can be down loaded from RINL website: www.vizagsteel.com. I/We have read and understood the conditions of the tender as detailed and as a proof of my/ our acceptance of the same without any alterations and modifications I/We affix my/our signatures as follows: Place: Date: Page 8 of 16

ANNEXURE-3 No. Date: UN-PRICED BID FORMAT BLANKING THE PRICE PORTION (To be submitted along with the Techno-Commercial bid duly signed and seal affixed) NAME OF THE BIDDER : QUANTITY OFFERED : LOADING STATION/ RAILWAY SIDING : Sl Particulars Price in INDAIN RUPEES ( Rs/- per WMT) In Figures In Words 1 Supply of Iron Ore Fines as per Specification at Annexure-2 on FOR Loading Station,, basis, including all taxes & statutory levies as applicable and freight charges and excluding applicable GST This is Un-Priced bid. Do not Indicate price. GST HSN /SAC code 2 GST Rate ( % ) Confirmation by the Bidder. 1) The price quoted will remain firm throughout the period of the contract (till completion of supplies) 2) The Price quoted in above table is inclusive of all taxes & statutory levies as applicable, excluding GST as applicable. Page 9 of 16

ANNEXURE-4 No. PRICED BID Date: PRICED BID FORMAT BLANKING THE PRICE PORTION (To be submitted in a separate sealed cover) NAME OF THE BIDDER : QUANTITY OFFERED: LOADING STATION/ RAILWAY SIDING : Sl Particulars Price in INDIAN RUPEES ( Rs/- per WMT) In Figures In Words 1 Supply of Iron Ore Fines as per Specification at Annexure-2 on FOR Loading Station,, basis, including all taxes & statutory levies as applicable and freight charges and excluding applicable GST Rupees Rs....per WMT. per Wet Metric Tons only). 2 GST HSN /SAC code GST Rate ( % ) Confirmation by the Bidder. 3) The price quoted will remain firm throughout the period of the contract (till completion of supplies) 4) The Price quoted in above table is inclusive of all taxes & statutory levies as applicable, excluding GST as applicable. Page 10 of 16

INTEGRITY PACT ANNEXURE-5 Rashtriya Ispat Nigam Limited (RINL) hereinafter referred to as The Principal, And. referred to as The Bidder/Contractor Preamble hereinafter The Principal intends to award, under laid down organizational procedures, a contract for supply of Iron ore Fines. 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). The Principal will nominate Independent External Monitor(IEM) by name, from the panel of IEMs, at the tender stage, for monitoring the tender process and the execution of the contract in order to ensure compliance with the Integrity Pact by all the parties concerned. 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 or the execution of a contract, demand/take a promise/accept for self or for third person, any material or non material benefit which the person is not legally entitled to. b. The Principal will, during the tender process treat all Bidders with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder 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 PC Act/ applicable law, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer of RINL and in addition can initiate disciplinary action. Page 11 of 16

Section 2 Commitments of the Bidder(s)/contractor(s): (1) The Bidder/ Contractor commits to take all measures necessary to prevent corruption and commits to observe the following principles during his participation in the tender process/during the contract execution(in case of Bidder to whom the contract has been awarded). a. The Bidder/Contractor 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 kind whatsoever during the tender process or during the execution of the contract or to vitiate the Principal s tender process or contract execution. b. The Bidder/ Contractor 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 nonsubmission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process or to vitiate the Principal s tender process or execution of the contract. c. The Bidder/Contractor will not commit any offence under the PC Act/ Applicable law, like paying any bribes or giving illegal benefit to anyone including employees of RINL, to gain undue advantage in dealing with RINL or for any other reason etc. Further, the Bidder/Contractor 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/Contractor of foreign origin shall disclose the name and address of their Agent(s)/representative(s) in India, if any. Similarly the Bidder/Contractor of Indian Nationality shall furnish the name and address of the foreign supplier/contract Agency, if any. Further details, as mentioned in the Guidelines on Indian Agents of Foreign Suppliers/contract agencies, shall be disclosed by the Bidder/Contractor, wherever applicable. Further, as mentioned in the Guidelines, all the payments made to the Indian agent(s)/representative(s) have to be in Indian Rupees only. Copy of the Guidelines on Indian Agents of Foreign Suppliers/contract agencies is enclosed. e. The Bidder/ Contractor will, when presenting his bid, disclose any and all payments he has made or committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. (2) The Bidder/Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences. Page 12 of 16

Section 3 Disqualification from tender process and exclusion from future contracts: (1) A transgression is considered to have occurred, if the Principal after due consideration of the available evidence, concludes that a reasonable doubt is possible. (2) If the Bidder/Contractor, before award of contract or after award of contract has committed a transgression through a violation of Section 2 above or in any other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already awarded, for that reason, without prejudice to other remedies available to the Principal under the relevant GCC of the tender/contract. (3) If the Bidder/Contractor has committed a transgression through a violation of any of the terms under Section 2 above or in any other form such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder / Contractor from future tenders/contract award processes. The imposition and duration of the exclusion will be determined by the Principal keeping in view the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder /Contractor and the amount of the damage. (4) If it is observed after payment of final bill but before the expiry of validity of Integrity pact that the Contractor has committed a transgression through a violation of any of the terms under Section 2 above during the execution of contract, the Principal is entitled to exclude the Contractor from future tenders/contract award processes. (5) The exclusion will be imposed for a Period not less than six (6) months and, up to a maximum period of three (3) years. (6) If the Bidder / Contractor can prove that he has restored/ recouped the damage to the Principal caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion before the expiry of the period of such exclusion. Section 4 Compensation for Damages: (1) If the Principal has disqualified the bidder from the tender process prior to the award in accordance with Section 3 above, the Earnest Money Deposit (EMD)/Bid security furnished, if any, along with the offer as per the terms of the Invitation to Tender (ITT) shall be forfeited. This is apart from the exclusion of the Bidder from future tenders as may be imposed by the Principal, as brought out at Section 3 above. Page 13 of 16

(2) If the Principal has terminated the Contract in accordance with Section 3 above, or if the Principal is entitled to terminate the Contract in accordance with Section 3 above, the Security Deposit/performance bank guarantee furnished by the Contractor, if any, as per the terms of the ITT/Contract shall be forfeited without prejudicing the rights and remedies available to the Principal under the relevant General conditions of contract. This is apart from the exclusion of the Bidder from future tenders as may be imposed by the Principal, as brought out at Section 3 above. Section 5 Previous transgressions: (1) The Bidder declares that, to the best of his knowledge, no previous transgression occurred in the last five (05) years with any Company or Organization or Institution in any country or with any Government in any country conforming to the anticorruption approach 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. The contract, if already awarded, can be terminated for such reason. Section 6 Equal treatment of all Bidders / Contractors / Subcontractors: (1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors, he desires to appoint, a commitment in conformity with this Integrity Pact, and to submit it to the Principal at the time of seeking permission for such subcontracting. (2) The Principal will enter into agreements with identical conditions as this one with all Bidders/ Contractors. (3) The Principal will disqualify from the tender process all bidders who do not sign this Pact 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, Sub-contractor or of any employee or a representative or an associate of a Bidder/Contractor/ Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the same to the CVO of RINL. Section 8 Independent External Monitor(s)(IEM(s)): (1) The Principal appoints competent and credible Independent External Monitor with the approval of Central Vigilance Commission. The IEM reviews independently, the cases referred to him or written complaints with all details received directly by him to assess whether and to what extent the parties concerned complied with the obligations under this Integrity Pact, Page 14 of 16

(2) In case of complaint/representations on compliance of the provisions of the Integrity Pact by any person/agency, the complaint/representation can be lodged by the aggrieved party with the Nodal Officer for IP of RINL or directly with the IEM. The Nodal Officer shall refer the complaint /representation so received by him to the IEM for his examination. Similarly, RINL in case of any doubt regarding compliance by any or all the bidders can lodge its complaint / make a reference to IEM through Nodal Officer. For ensuring the desired transparency and objectivity in dealing with the complaints arising out of the tendering process, the matter should be examined by the full panel of IEMs who would look into the records, conduct an investigation and submit their joint recommendations to the Management. (3) The IEM is not subject to instructions by both the parties and performs his functions neutrally/independently. The IEM will submit report to the CMD, RINL. (4) The Bidder(s)/Contractors(s) accepts that the IEM has the right to access without restriction, to all tender/contract documentation of the Principal including that provided by the Bidder/Contractor. The Bidder/Contractor will also grant the IEM, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his tender/contract documentation. The same is applicable to unrestricted and unconditional access to tenders / contract documentation of Subcontractors also. The IEM is under contractual obligation to treat the information and documents of the Bidder(s)/ Contractor(s)/Subcontractor(s) with confidentiality. (5) IEM will have the right to attend any meeting between RINL and Counterparties in respect of the cases falling under the purview of IP. (6) As soon as the IEM notices, or believes to notice, a violation of this Pact, he will inform the Principal and request the Principal to discontinue or take corrective action or to take other relevant action. The IEM can, in this regard, submit non binding recommendations. Beyond this, the IEM has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. (7) The IEM will submit a written report to the CMD-RINL within four (04) to six (06) weeks from the date of reference or intimation to him by the Principal/ receipt of the complaint and, should the occasion arise, submit proposals for corrective actions for the violations or the breaches of the provisions of the agreement noticed by the IEM. (8) IEM may also submit a report directly to the CVO of RINL and the Central Vigilance Commission, in case of suspicion of serious irregularities attracting provisions of the PC Act/ applicable Law. (9) Expenses of IEM shall be borne by RINL/VSP as per terms of appointment of IEMs. (10) The word Monitor means Independent External Monitor and would include both singular and plural. Page 15 of 16

Section 9 Duration of the Integrity Pact: (1) This Pact comes into force upon signing by both the Principal and the Bidder/Contractor. It expires for the Contractor twelve (12) months after the last payment under the contract, and for all unsuccessful Bidders, six (06) months after the contract has been awarded and accordingly for the Principal after the expiry of respective periods stated above. (2) If any claim is made/ lodged during the valid period of the IP, the same shall be binding and continue to be valid even after the lapse of this Pact as specified above, unless it is discharged/determined by CMD of RINL. Section 10 Other provisions: (1) This Pact is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Visakhapatnam, State of Andhra Pradesh, India. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements to this pact have not been made. (3) If the Contractor is a partnership firm/ Consortium, this Pact must be signed by all partners/ Consortium members, or their Authorized Representative(s) by duly furnishing Authorization to sign Integrity Pact. (4) Should one or several provisions of this Pact turnout to be invalid, the remaining part of the Pact remain valid. In this case, the parties will strive to come to an agreement with regard to their original intentions. (5) Wherever he or his is indicated in the above sections, the same may be read as he/she or his/her, as the case may be. Similarly, wherever Counterparty or Bidder or Contractor is mentioned, the same would include both singular and plural. (For & On behalf of the Principal) (For & On behalf of Bidder/ Contractor) (Office Seal) Place: Date: Witness 1: (Name & Address) Witness 2: (Name & Address) Page 16 of 16