दफा ६२
Conduct Of Bidder Or Proponent
(1) A bidder or proponent shall have to
accomplish such obligation as referred to in this Act or Regulations made
thereunder, procurement contract and other documents relating to procurement.
(2) Without prejudice of the generalities of the provision of Sub-section
(1), a bidder or proponent shall not carry out or cause to be carried out the
following act with the intention of making interference in the procurement
process or the implementation of procurement contract:-
(a) Giving or offering directly or indirectly improper inducement,
(b) Submitting a fact by distortion or misrepresentation,
(c) Engaging in corrupt or fraudulent practice or involving in such
act,
(d) Intervening in the participation of other competing bidder or
proponent to be involved in any way in the proceedings
relating to bid or proposal,
(e) Commit an act of threatening directly or indirectly to cause
harm to the body, person or property of any person to be
involved in the procurement proceedings or coercive act,
(f) Making collusion or involving in groupism prior to or after
submission of bid or proposal with the objective of allocating
procurement contract among the bidders or proponents or
fixing the price of bid or proposal artificially or
noncompetitively or otherwise forbidding the Public Entity of
the benefit of open and free competition,
(g) Contacting the Public Entity from the time of the opening of
bid or proposal until the notice of acceptance of bid or
proposal is given with the objective of causing interference
upon bid or proposal or committing an act of interference in
the examination or evaluation of bid or in the evaluation of
proposal.
(3) A bidder responsible for preparing bidding documents or
specifications of a procurement contract or for supervising the implementation
procurement contract or a person or firm or organization or company affiliated
with him/her, or an employee working in such firm or organization or company
cannot participate in the bidding proceedings of such procurement.
Provided that this provision shall not be applicable in the case of a turn
key procurement contract or procurement contract so concluded as to carryout
both the design and construction work.
accomplish such obligation as referred to in this Act or Regulations made
thereunder, procurement contract and other documents relating to procurement.
(2) Without prejudice of the generalities of the provision of Sub-section
(1), a bidder or proponent shall not carry out or cause to be carried out the
following act with the intention of making interference in the procurement
process or the implementation of procurement contract:-
(a) Giving or offering directly or indirectly improper inducement,
(b) Submitting a fact by distortion or misrepresentation,
(c) Engaging in corrupt or fraudulent practice or involving in such
act,
(d) Intervening in the participation of other competing bidder or
proponent to be involved in any way in the proceedings
relating to bid or proposal,
(e) Commit an act of threatening directly or indirectly to cause
harm to the body, person or property of any person to be
involved in the procurement proceedings or coercive act,
(f) Making collusion or involving in groupism prior to or after
submission of bid or proposal with the objective of allocating
procurement contract among the bidders or proponents or
fixing the price of bid or proposal artificially or
noncompetitively or otherwise forbidding the Public Entity of
the benefit of open and free competition,
(g) Contacting the Public Entity from the time of the opening of
bid or proposal until the notice of acceptance of bid or
proposal is given with the objective of causing interference
upon bid or proposal or committing an act of interference in
the examination or evaluation of bid or in the evaluation of
proposal.
(3) A bidder responsible for preparing bidding documents or
specifications of a procurement contract or for supervising the implementation
procurement contract or a person or firm or organization or company affiliated
with him/her, or an employee working in such firm or organization or company
cannot participate in the bidding proceedings of such procurement.
Provided that this provision shall not be applicable in the case of a turn
key procurement contract or procurement contract so concluded as to carryout
both the design and construction work.