The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
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other,with a view to reaching the total of five (5) years to qualify the criterion.<br />
(14) <strong>The</strong> performance security, insurance coverage, indemnity, contracting and subcontracting<br />
shall be furnished or executed on account of the JVCA legally formed.<br />
PART - 11<br />
CONFLICTS OF INTEREST<br />
55. Conflict of Interest. |— (1) Applicants shall have an obligation to disclose any<br />
situation of actual or potential conflict of interest that impacts their capacity to serve the best<br />
interest of the Client or that may reasonably be perceived as having this effect and failure to<br />
disclose such situations may lead to the disqualification of the Consultant or the termination of its<br />
Contract as indicated in the cases in the Table appended with Part A (Consultants’ Conflicts of<br />
Interest: Range of Possible Cases) of Schedule IX .<br />
(2) <strong>The</strong> Consultant, including any of its affiliates or associates, in deference to the<br />
requirements that the Consultant provides professional and objective advice and at all times hold<br />
the Client’s interests paramount, shall strictly avoid conflicts with other assignments or its own<br />
corporate interests, and act without any consideration for award of a future work.<br />
(3) If any Person has earlier been engaged by a Procuring Entity to supply Goods,<br />
perform Works or provide physical Services for a project, then that Person and any of its affiliates,<br />
shall be disqualified from providing consulting Services related to those Goods, Works or Services.<br />
(4) If any Person hired to provide consulting Services for the preparation or<br />
implementation of a project, then that Person and any of its affiliates, shall be disqualified from<br />
subsequently supplying Goods, providing consulting Services, performing physical Services or<br />
Works resulting from or directly related to the Person’s earlier consulting Services.<br />
(5) A Consultant, its Personnel and Subconsultants or any of its affiliates shall not be<br />
hired for any assignment that may be in conflict with identical assignment of the Consultant to be<br />
performed for the same or for another Procuring Entity.<br />
(6) A Consultant, its Personnel and Subconsultant, that has a business relationship with<br />
a member of the Client’s staff involved in the procurement proceedings may not be awarded a<br />
Contract, unless the conflict stemming from this relationship has been addressed adequately<br />
throughout the selection process of the Consultant.<br />
(7) Procuring Entity officials, who have an interest, directly or indirectly, with a firm or<br />
individual that is Tendering or has Tendered for a <strong>Procurement</strong> proceedings of that Entity shall<br />
declare its relationship with that firm or individual and consequently not participate in any<br />
proceedings concerned with that specific <strong>Procurement</strong> at any stage including from when the<br />
specifications are written and qualification criteria are established up to the Supply of Goods or<br />
performance of the Works are completed and, until all contractual obligations have been fulfilled.<br />
PART - 12<br />
COMPLAINTS AND APPEALS<br />
56. Right to Complain. |— (1) Circumstances under which a formal complaint may be<br />
lodged against a Procuring Entity are outlined below, such as ; -<br />
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