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(on Rs.

600/- Stamp Paper)

UNDERTAKING

This Undertaking (“Undertaking”) is executed at ________ on this day _________ of __________


20__;

By

M/S _______________________, a sole proprietorship concern/partnership firm/private limited


company/public limited company, incorporated and functioning under the laws of Pakistan, having
place of business at _____________________________________________________, through its
authorized representative Mr. ________________________, holding CNIC No.
_________________, ___________ [please enter designation here] (hereinafter referred to as
“Contractor” which expression shall mean and include its representatives, affiliates, successor-in-
interest and permitted assigns) to Pakistan State Oil Company Limited, a public limited company
having its registered office at PSO House, Khyaban-e-Iqbal, Clifton, Karachi (hereinafter referred to
as “PSO” which expression shall mean and include its successor-in-interest and permitted assigns).

WHEREAS PSO has floated a tender No. ______________ (“Tender”) for procurement of
_________________ (“Arrangement”);

AND WHEREAS the Contractor has participated in the Tender and do hereby solemnly affirm,
declare, undertake and indemnify to PSO as under:

1. That the Contractor shall participate in the procurement processes of the Tender in a manner that
is transparent, fair, accountable, honest, and is compliant to all applicable laws and regulations;

2. That the Contractor shall observe the highest standards of ethics in supply of goods and/or
services under the Arrangement to the entire satisfaction of PSO and shall adhere with all
applicable laws and rules/ policies of PSO;

3. That the Contractor shall respond to the solicitations by PSO in an honest, fair, and
comprehensive manner, accurately reflecting its capacity to satisfy the requirements as set out in
the bid / contract documents executed for the Tender and Arrangement;

4. That the Contractor shall follow all the rules formulated for the procurement process of the
Tender and confirms that it is fully capable to submit bids and to enter into contract and perform
all obligations of the contract to be executed with PSO for the Arrangement;

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5. The Contractor hereby undertakes and assures PSO that it shall not, directly or indirectly, engage
in Corrupt, Fraudulent, Coercive, Collusive, or Anti-competitive practices in bidding process of
the Tender;
For the purpose of this clause:
A. Corrupt practice means offering, promising, giving, receiving, or soliciting, directly or
indirectly, anything of value or any other advantage to influence improperly the actions of
another person or entity;
B. Fraudulent practice means any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a person or entity to obtain a
financial or other benefit or to avoid an obligation;
C. Coercive practice means any act or attempt to influence improperly the decisions or actions
of a person or entity by impairing or harming, or threatening to impair or harm, directly or
indirectly, such person or entity or their property;
D. Collusive practice means an arrangement between two or more persons or entities designed
to achieve an improper purpose, including influencing improperly the actions of another
person or entity;
E. Anti-competitive practice means any agreement, decision or practice which has as its
object or effect the restriction or distortion of competition in any market.

6. That the Contractor shall not solicit, offer, give or receive, or promise or represent to offer, give
or receive gratuities, gifts, commissions, or other payments, except as disclosed in full to PSO, in
connection with the procurement process and execution of a contract with PSO for the
Arrangement;

7. That the Contractor shall comply with all applicable laws and enactments in operation together
with all regulations and policies pertaining to the Arrangement with all amendments made
thereto from time to time;

8. That the Contractor shall strictly observe all the provisions of labour laws in respect of the
labours employed by it to discharge its obligations under the Arrangement with PSO, and shall
also maintain all such registers, Books of Accounts, Service Contractual Books, Leave Records
etc., as may be required by law;

9. That the Contractor shall get its firm/company duly registered with all the relevant Registrar of
Firms/agencies/authorities/regulators as required under any law, act, rules, and/or ordinance;

10. That the Contractor shall, being the employer of its staff, abide by all the provisions thereof
which include compliance with EOBI laws, Social Security and Workmen Compensation laws
etc. in relation to its employees deployed for rendering the services to PSO under the
Arrangement;

11. That the Contractor shall not attempt or seek to attempt any act of undue influence on the
decision making processes of PSO and will not engage in any conduct that breaches or facilitates
breach of PSO’s Policy including Conflict of Interest Form;

12. That notwithstanding any other rights and remedies available to PSO under the Arrangement and
law, the Contractor hereby indemnifies PSO for all losses, damages, costs, expenses etc. which
may be incurred by PSO on account of corrupt / un-lawful business practices by the Contractor
or its representative or any other reason whatsoever and also undertakes to pay compensation to
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PSO an amount equivalent to ten times of a sum of any commission, gratification, bribe, finder’s
fee or kickback given by the Contractor for the purpose of obtaining the procurement of any
contract, right, interest, privilege or other obligation or benefit whatsoever from PSO;

13. That the Contractor further agrees, undertakes and fully indemnifies and keep indemnified and
saved harmless from time to time and at all times PSO, its office bearers, its employees or
permitted assigns, from and against all actions, cases, suits, litigation, claims/counter claims,
arbitration, prosecution and any other proceedings whatsoever including all costs, losses,
damages, charges, liabilities, claims, penalties, demands, legal fee etc. with respect to the Tender
and/or the Arrangement;

14. That the Contractor shall also ensure compliance of the terms of this Undertaking by its
representative for the Arrangement;

15. That the Contractor shall be held responsible in case there is a breach by it or its representative
of any terms herein or the terms of any document and/or the contract executed by and between
the Contractor and PSO for the Arrangement;

16. That the Contractor hereby further agrees, acknowledges and confirm that this Undertaking is a
legal binding document and shall deemed to be construed as integral part of the Tender and the
contract, executed/to be executed with PSO, with the same legality, validity and binding effect;

17. That whatever stated hereinabove is true and correct to the best of my/our knowledge and belief
and nothing has been concealed thereof and I/we, including the Contractors and its
representatives, am/are jointly and severely bound to comply with the terms and conditions of
this Undertaking.

IN WITNESSES WHEREOF, I/we, have executed this Undertaking on the date, month and year
first written above.

___________________________
Contractor
(Stamp & Signature)

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