Legal Implications (Fraud and Corrupt Practises)
 
1. The Applicants and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Empanelment Process. Notwithstanding anything to the contrary contained herein, the GIDB may reject a SoQ without being liable in any manner whatsoever to the Applicant if it determines that the Applicant has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Empanelment Process.

2. Without prejudice to the rights of the GIDB under the clause mentioned hereinabove, if an Applicant is found by the GIDB to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Empanelment Process, such Applicant shall not be eligible to participate in any tender or RFQ issued by the GIDB during a period of 2 (two) years from the date such Applicant is found by the GIDB to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be.

3. For the purposes of this Section, the following terms shall have the meaning hereinafter respectively assigned to them:

(A) “Corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Empanelment Process (for avoidance of doubt, offering of employment to, or employing, or engaging in any manner whatsoever, directly or indirectly, any official of the GIDB who is or has been associated in any manner, directly or indirectly, with the Empanelment Process, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the GIDB, shall be deemed to constitute influencing the actions of a person connected with the Empanelment Process); or

(B) “ fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Empanelment Process;

(C) “coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Empanelment Process;

(D) “undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the GIDB with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Empanelment Process; or (ii) having a Conflict of Interest; and

(E) “restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Applicants with the objective of restricting or manipulating a full and fair competition in the Empanelment Process.

 
Copyright © 2014. All rights reserved. Gujarat Infrastructure Development Board, Gandhinagar, Gujarat.