Para 3.6 - Ethics in Procurement | KartavyaDesk

Original Rule Text

Risk Mitigation arrangements are available at the location. stand to derive a personal or commercial benefit from their relationship with the recipient. 2. Gifts: Gifts from service providers may tend to cross the limits of ethical/ occasional/ routine/modest/ normal business practice, especially during the festive season. Since the value of the gift may not be known to the recipient, it may cause an inadvertent violation of Conduct rules. Gifts must never be solicited, directly or indirectly. An official should not accept and retain gifts that are more valuable than the limit as laid down in the conduct rules. Cash, gift cheques or any vouchers that may be exchanged for cash may not be accepted, regardless of the amount. Particular care should be taken in relation to gifts from firms (say, participating in current or imminent tenders or their execution) who stand to derive a personal or commercial benefit from their relationship with the recipient. Any gift received inadvertently in violation of the above must immediately either be returned or reported and deposited in Toshakhana/ Treasury. 3. Private Purchases from Official Service Providers: Procuring Officials may mistakenly consider it innocuous to seek discounts in private procurements from service providers having official dealings or its allied firms (especially from Rate Contract holders). Officials involved in Public Procurement must never indulge in any non-official pecuniary transaction with the contractors, suppliers, or service providers with whom they have official dealings, including seeking or accepting special facilities or discounts on private purchases (particularly the same items that are being ordered officially on rate contracts). 4. Sponsorship of Events: Procuring Officials may mistakenly consider it innocuous to seek financial favours (donations, advertisements for souvenirs, and contributions in cash or kind) in relation to sponsoring cultural, social, charitable, religious, or sporting events in the false belief that since they are personally not benefitted, it would not be a violation of CIPP. Officials involved in Public Procurement must never indulge in any non-official pecuniary transaction with the contractors, suppliers, or service providers with whom they have official dealings, including soliciting of sponsorship for unofficial and private cultural, social, sporting, religious, charitable, or similar organisations or events. 5. Conflict of Interest (COI): para 3.3.3-2-a-v) Code of Integrity for Public Procurement has a provision that defines Conflict of Interest as:” “…any personal, financial, or business relationship between the bidder and any personnel of the procuring entity who are Interpretation of Conflict of Interest would depend on the organisational structure and its unique circumstances and cannot be laid down universally. However, some illustrative examples are given below to provide context. a) Officers that can be considered to be related to the tender or execution process would depend on the organisational structure and sensitivity of

What This Means

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

• •Gifts from service providers exceeding conduct rule limits are prohibited; cash or cash-equivalent vouchers are never allowed.
• •Procuring officials must not seek or accept discounts or special facilities on private purchases from official service providers.
• •Soliciting sponsorships or donations for private events from contractors or suppliers with whom the official has dealings is strictly forbidden.
• •Conflicts of interest, including personal, financial, or business relationships between bidders and procuring entity personnel, must be avoided.
• •Any inadvertently received prohibited gifts must be immediately returned or reported and deposited in Toshakhana/Treasury.

Practical Example

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.