Chapter 8 Provision Relating to Conduct

Section 61: Conduct of the Official Involved in Public Procurement Proceedings

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Any officials involved in the act of formulating a procurement plan, operating procurement proceedings, implementing a procurement contract or other act as prescribed relating to the procurement of the Public Entity, shall have to follow the following conduct:

(a) Discharging one’s duty impartially so that bidders fairly compete in the procurement proceedings,

(b) Operating procurement proceedings in the public interest,

(c) Not committing an act of conflict of interest with the procurement from his/her work, conduct, or behaviour,

(d) Keeping confidential all proprietary information of the bidder known by him /her in the course of the procurement proceedings,

(e) Not working with a person, firm, organisation, company or any other institution of a private nature with which s/he had had dealings of procurement at the time of holding the post for two years after retirement,

(f) If s/he knows that his/her nearest relatives have participated as a bidder or proponent in the procurement proceedings of his/her involvement, not taking part in such procurement proceedings by giving immediate notification to the one level higher authority,

Explanation: For the purpose of this clause, the nearest relative means husband, wife, father, mother, son, daughter of a joint family, mother-in-law, father-in-law, elder brother, younger brother, elder sister, younger sister, son-in-law, sister-in-law or brother-in-law.

(g) Not committing an act in contravention of the prevailing law while carrying out procurement proceedings,

(h) Not committing a corrupt or fraudulent practice, nor being involved in such an act,

(i) Not colluding or being involved in a group prior to or after submitting a bid or proposal with the objective of forbidding or causing the benefit of competition to be forbidden.

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