Para 5 - Integrity Declaration | KartavyaDesk
Original Rule Text
Section 5 – Previous transgression 1) The Bidder declares that no previous transgressions occurred in the last three years with any other Company in any country conforming to the anti-corruption approach or with any Public Sector Enterprise in India that could justify his exclusion from the tender process. 2) If the Bidder makes an incorrect statement on this subject, the Principal shall act like para 2) of Section 4 above.
What This Means
This rule applies to all bidders participating in tenders for consultancy services under this manual. It affects companies, firms, and individuals seeking to provide consultancy services to the government. If a bidder provides false information about their past transgressions, they will face consequences similar to those outlined in Para 2 of Section 4, which likely involves disqualification from the tender process and potential blacklisting. The goal is to maintain transparency and accountability in government procurement and ensure that only ethical and trustworthy entities are engaged for consultancy work.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •Bidders must declare any past transgressions related to anti-corruption in the last three years.
- •The declaration covers transgressions with any company adhering to anti-corruption principles globally.
- •The declaration also covers transgressions with any Public Sector Enterprise (PSE) in India.
- •Providing false information will result in disqualification and potential blacklisting.
- •The rule aims to ensure ethical conduct and prevent corruption in consultancy procurement.
Practical Example
ABC Consultants is bidding for a consultancy project with the Ministry of Urban Development for a smart city initiative. As part of the tender process, ABC Consultants must declare any past transgressions. During the declaration, the company's legal team discovers that three years ago, their subsidiary in the United Kingdom was found to have violated anti-bribery laws in a minor contract with a private firm. Although the violation was minor and resolved with a fine, ABC Consultants must disclose this information. If they fail to disclose it and the Ministry later discovers the transgression, ABC Consultants will be disqualified from the tender and potentially blacklisted from future government projects. Conversely, if they disclose the transgression, the Ministry will evaluate the severity and relevance of the transgression to determine if it warrants disqualification.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What constitutes a 'transgression' under this rule?▼
Does this rule apply to transgressions outside of India?▼
What is the consequence of making an incorrect statement?▼
What if the transgression was minor and unintentional?▼
What is the time period considered for previous transgressions?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Para 5 of the Manual for Procurement of Consultancy Services, for how many years prior to the bid submission must a bidder declare any transgressions related to anti-corruption?
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