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The Public Procurement Rules 2008 - LGED

The Public Procurement Rules 2008 - LGED

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Example 2<br />

If an officer or a member of staff or a Person fraudulently or dishonestly makes,<br />

signs, seals or executes a Document or a part of a Document, or fraudulently or<br />

dishonestly uses any Document which he or she knows or has reason to believe to<br />

be a forged Document, or makes a false statement, or uses a false trademark with<br />

intent to influence a decision to be taken in a <strong>Procurement</strong> proceeding or Contract<br />

execution, such officer or member of staff or Person will be deemed to have<br />

committed an offence and be punishable under the relevant sections of the Penal<br />

Code (Sections 465 to 489).<br />

Example 3<br />

when two (2) or more Persons engage in a scheme or arrangement, with or without<br />

the knowledge of the Procuring Entity, that is designed to arbitrarily reduce the<br />

number of Tenders submitted or fix Tender price, thereby denying a Procuring Entity<br />

the benefits of competitive price arising from genuine and open competition, such<br />

Person(s) will be deemed to have engaged in collusive practice and it will amount to<br />

an offence within the meaning of Section 120 A and will be punishable under<br />

Section 120 B (2) of the Penal Code.<br />

Example 4<br />

Harming or threatening to harm, directly or indirectly, Persons or their property with<br />

intent to cause alarm to that Person, or to cause that Person to perform any act<br />

which he is not legally bound to perform or to omit to perform any act which he is<br />

legally entitled to perform, or creating obstructions in the normal submission process<br />

of an Application, a Tender or a Proposal, will constitute an offence within the<br />

meaning of Section 503 and will be punishable under Section 506 the Penal Code.<br />

109

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