Section 62: Conduct to Bidder or Proponent

1) A bidder or proponent shall have to accomplish such obligations as referred to in this Act or Regulations made thereunder, procurement contracts and other documents relating to procurement.

2) Without prejudice to 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 the 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 engaging in such an act,

(d) Intervening in the participation of other competing bidders or proponents to be involved in any way in the proceedings relating to the 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 a 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 the benefit of open and free competition,

(g) Contacting the Public Entity from the opening of the bid or proposal until the notice of acceptance of the bid or proposal is given with the objective of causing interference with the bid or proposal or committing an act of interference in the examination or evaluation of the bid or in the evaluation of the proposal.

3) A bidder responsible for preparing bidding documents or specifications of a procurement contract or for supervising the implementation of the procurement contract or a person or firm or organisation or company affiliated with him/her, or an employee working in such firm or organisation 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 carry out both the design and construction work.