Tender Document - KUET

3.2 For the purpose of this provision, “public funds” means anyfunds allocated to a Procuring Entity under Government budget,or loan, grants and credits placed at the disposal of a ProcuringEntity through the Government by the Bank.3.3 Payments by the Bank, if so indicated in the TDS, will be madeonly at the request of the Government and upon approval bythe Bank in accordance with the applicable Loan/Credit/GrantAgreement, and will be subject in all respects to the terms andconditions of that Agreement.4. Corrupt,Fraudulent,Collusive,Coercive orobstructivePractices4.1 The Government and the Bank require that Procuring Entities,as well as Tenderers (including their suppliers, sub-contractors,agents, personnel, consultants, and service providers) shallobserve the highest standard of ethics during implementation ofprocurement proceedings and the execution of contracts underpublic funds.4.2 The Government and the Bank require that Procuring Entities, aswell as Tenderers and Suppliers (including their suppliers, subcontractors,agents, personnel, consultants, and service providers)shall, during the procurement proceedings and the execution ofcontracts under public funds, ensure:(a)(b)(c)strict compliance with the provisions of Section 64 of thePublic Procurement Act 2006 (Act 24 of 2006);abiding by the code of ethics as mentioned in the Rule127of the Public Procurement Rules 2008;that neither its any officer nor any staff or any other agentsor intermediaries working on its behalf engages in anypractice as detailed in ITT Sub Clause 4.3.4.3 For the purposes of ITT Sub-clause 4.2 the terms set forth asbellows:(a) corrupt practice means offering, giving or promising togive, receiving, or soliciting, either directly or indirectly, toany 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 value asan inducement with respect to an act or decision or methodfollowed by a Procuring Entity in connection with aProcurement 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 Contract execution;(c)(d)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 Tenders submitted or fixTender prices at artificial, non competitive levels, therebydenying a Procuring Entity the benefits of competitive pricearising from genuine and open competition; orcoercive practice means harming or threatening to harm,directly or indirectly, Persons or their property to influencea decision to be taken in a Procurement proceeding or theexecution of a Contract, and this will include creatingobstructions in the normal submission process used forTenders.(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 toPG3/ EEE/ KUET/ HVLK 8