Acta 23 - Cuenta del Milenio - Honduras

1.7 Authorized
Representatives
Any action required or permitted to be taken, and any document required
or permitted to be executed under this Contract by MCA-Honduras or the
Consultant may be taken or executed by the officials specified in the
SCC.
1.8 Taxes and Duties Except as may be exempted pursuant to the Section 2.3(e) of the
Compact, Consultant, any Sub-Consultant, and their respective personnel
may be subject to certain taxes on amounts payable by MCA-H pursuant
to this Contract. Each Consultant, each Sub-Consultant and their
respective personnel shall pay all such local taxes and such other taxes,
duties, fees, and other impositions levied under the laws of Honduras. In
the event that any taxes are imposed on the Consultant, each Sub-
Consultant and their respective personnel, the Contract Price shall not be
adjusted to account for such taxes.
1.9 Fraud and
Corruption
1.9.1 Definitions MCC requires that consultants under MCC-funded contracts observe the
highest standard of ethics during the selection and execution of such
contracts. In accordance with this requirement, for the purpose of this
provision, the terms set forth below are defined as follows:
(i)
(ii)
(iii)
“corrupt practice” is the offering, receiving, or soliciting, directly
or indirectly, of any thing of value to influence the action of a
public official in the selection process or in contract execution; or
the making of any payment to any third party, in connection with
or in furtherance of this Contract, in violation of the United States
Foreign Corrupt Practices Act of 1977, as amended (15 USC 78a
et seq.);
“fraudulent practice” is a misrepresentation or omission of facts in
order to influence a selection process or the execution of a
contract;
“collusive practice” is a scheme or arrangement between two or
more consultants, with or without the knowledge of MCA-
Honduras, designed to establish prices at artificial, noncompetitive
levels;
(iv) “coercive practice” is harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation
in a procurement process, or affect the execution of a contract;
(v)
“Obstructive practice” is:
(aa) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false statements
to investigators in order to impede materially an investigation by
MCC or the MCA Entity into allegations of a corrupt , fraudulent,
coercive, collusive, or intimidating any party to prevent it from
disclosing its knowledge of matters relevant to the investigation or
from pursuing the investigation, and
(bb) acts intended to impede materially the exercise of the
inspection and audit rights of MCC provided under the Compact;
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