Section 3. General Conditions of Contract1. Definitions 1.1 The following words and expressions shall have the meaning herebyassigned to them. Boldface type is used to identify the defined term:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)Completion Schedule means the fulfilment of the RelatedServices by the Supplier in accordance with the terms andconditions set forth in the Contract;Contract Agreement means the Agreement entered intobetween the Procuring Entity and the Supplier, togetherwith the Contract <strong>Document</strong>s referred to therein, includingall attachments, appendices, and all documentsincorporated by reference therein;Contract <strong>Document</strong>s means the documents listed in theContract Agreement, including any amendments thereto;Contract Price means the price stated in the Notificationof Award and thereafter as adjusted in accordance withthe provisions of the Contract;Day means calendar days unless otherwise specified asworking days;Delivery means the transfer of ownership of the Goodsfrom the Supplier to the Procuring Entity in accordancewith the terms and conditions set forth in the Contract;GCC mean the General Conditions of Contract;Goods means raw materials, products and equipmentand objects in solid, liquid or gaseous form, electricity,and related Services if the value of such Services doesnot exceed that of the Goods themselves;Government means the Government of the People’sRepublic of Bangladesh;Procuring Entity means a Entity having administrativeand financial powers to undertake Procurement ofGoods, Works or Services using public funds, asspecified in the PCC;Related Services means Services linked to the supplyof Goods contracts.;PCC means the Particular Conditions of Contract;Subcontractor means any natural person, private orgovernment entity, or a combination of the above, towhom any part of the Goods to be supplied or executionof any part of the Related Services is subcontracted bythe Supplier;(n) Supplier means a Person under contract with aProcuring Entity for the supply of Goods and relatedServices under the Act;(o)Site means the point(s) of delivery named in the PCC(p) Writing means communication written by hand ormachine duly signed and includes properlyauthenticated messages by facsimile or electronic mail.(q)(r)Verified Report means the report submitted by theProcuring Entity to the Head of the Procuring Entity settingforth its findings as to the existence of grounds or causesfor termination and explicitly stating its recommendation forthe issuance of a Notice to Terminate.Bank means the International Development Association(IDA).2. Contract<strong>Document</strong>s2.1 Subject to the order of precedence set forth in the GCC Sub-Clause5.1, all documents forming the Contract (and all parts thereof) areintended to be correlative, complementary, and mutuallyexplanatory. The Contract Agreement shall be read as a whole.PG3/ EEE/ <strong>KUET</strong>/ HVLK 36
3. Corrupt,Fraudulent,Collusive,Coercive orObstructivePractices3.1 The Government and the Bank require that the Procuring Entity aswell as its Suppliers shall observe the highest standard of ethicsduring the implementation of procurement proceedings and theexecution of the Contract under public fund.3.2 The Government and the Bank require that Procuring Entities, aswell as Suppliers shall, during the execution of Contracts underpublic funds, ensure-(a) strict compliance with the provisions of Section 64 of thePublic Procurement Act 2006 (Act 24 of 2006);(b) abiding by the code of ethics as mentioned in the Rule127of the Public Procurement Rules 2008;(c) that neither it nor any other member of its staff or any otheragents or intermediaries working on its behalf engages inany practice as detailed in GCC Sub -Clause 3.33.3 For the purpose of GCC Sub-clause 3.2 the terms –(a) corrupt practice means offering, giving or promising togive, receiving, or soliciting, either directly or indirectly,to any officer or employee of a Procuring Entity or otherpublic or private authority or individual, a gratuity in anyform; employment or any other thing or service of valueas an inducement with respect to an act or decision ormethod followed by a Procuring Entity in connectionwith a Procurement proceeding or contract execution;(b) fraudulent practice means the misrepresentation oromission of facts in order to influence a decision to betaken in a Procurement proceeding or Contractexecution;(c) collusive practice means a scheme or arrangementbetween two (2) or more Persons, with or without theknowledge of the Procuring Entity, that is designed toarbitrarily reduce the number of <strong>Tender</strong>s submitted or fix<strong>Tender</strong> prices at artificial, noncompetitive levels, therebydenying a Procuring Entity the benefits of competitiveprice arising from genuine and open competition; or(d) coercive practice means harming or threatening toharm, directly or indirectly, Persons or their property toinfluence a decision to be taken in a Procurementproceeding or the execution of a Contract, and this willinclude creating obstructions in the normal submissionprocess used for <strong>Tender</strong>s.(e) obstructive practice means deliberately destroying,falsifying, altering or concealing of evidence material to theinvestigation or making false statements to investigators inorder to materially impede an investigation into allegationsof a corrupt, fraudulent, coercive or collusive practice;and/or threatening, harassing or intimidating any party toprevent it from disclosing its knowledge of matters relevantto the investigation or from pursuing the investigation.3.4 Should any corrupt, fraudulent, collusive, coercive or obstructivepractice of any kind, in competing for or in executing the Contract,come to the knowledge of the Procuring Entity it will, in the firstplace, allow the Supplier to provide an explanation, and only when asatisfactory explanation is not received shall terminate the Supplier'semployment under the contract and the provisions of Clause 42.1(d)shall apply (Termination for Default).3.5 If corrupt, fraudulent, collusive, coercive or obstructive practices ofany kind is determined against the Supplier (including its suppliers,sub-contractors, agents, personnel, consultants, and serviceproviders) alleged to have carried out such practices, the ProcuringEntity shall proceed under GCC Clause 42.4.3.6 The Supplier (including its suppliers, sub-contractors, agents,personnel, consultants, and service providers) shall permit thePG3/ EEE/ <strong>KUET</strong>/ HVLK 37