bangladesh power development board tender document for ... - BPDB

days, prepare Fifteen (15) conformed copies of the final Contract Document andshall deliver to the Board through the Engineer.31.0 Corrupt, Fraudulent, Collusive or Coercive Practices:(1) The Government requires that Purchasers, as well as Tenderers and Suppliersshall observe the highest standard of ethics during the implementation ofprocurement proceedings and the execution of contracts under public funds.(2) In pursuance of this requirement, the Purchaser shall:(a) exclude the Tenderer from participation in the procurement proceedingsconcerned or reject a proposal for award; and(b) declare a Tenderer ineligible, either indefinitely or for a stated period oftime, from participation in procurement proceedings under public funds;if it, at any time, determines that the Tenderer has engaged in corrupt, fraudulent,collusive or coercive practices in competing for, or in executing, a contract underpublic funds.(3) Should any corrupt, fraudulent, collusive or coercive practice of any kind cometo the knowledge of the Purchaser, it shall, in the first place, allow the Tenderer toprovide an explanation and shall, take actions only when a satisfactory explanationis not received. Such exclusion and the reasons thereof, shall be recorded in therecord of the procurement proceedings and promptly communicated to theTenderer concerned. Any communications between the Tenderer and the Purchaserrelated to matters of alleged fraud or corruption shall be in writing.(4) The Government defines, for the purposes of this provision, the terms set forthbelow as follows:(a) “corrupt practice” means offering, giving, or promising to give, directly orindirectly, to any officer or employee of a Procuring Entity or othergovernmental/private authority or individual, a gratuity in any form, anemployment, or any other thing or service of value, as an inducement withrespect to an act or decision of, or method followed by, a Procuring Entityin connection with the procurement proceeding;(b) “fraudulent practice” means a misrepresentation or omission of facts inorder to influence a procurement proceeding or the execution of a contractto the detriment of the Purchaser;(c) “collusive practice” means a scheme or arrangement among two or moreTenderers, with or without the knowledge of the Purchaser (prior to orafter Tender submission), designed to establish Tender prices at artificial,non-competitive levels and to deprive the Purchaser of the benefits of free,open and genuine competition; and(2) “coercive practice” means harming or threatening to harm, directly or indirectly,persons or their property to influence the procurement proceedings, or affect theexecution of a contract.32.0 Tenderer: Contacting the Purchaser:(1) Following the opening of the Tenders and until the Contract is signed noTenderer shall make any unsolicited communication to the Purchaser or try in anyway to influence the Purchaser’s examination and evaluation of the Tenders.28