Asphalt Overlay of CDC Roads - Clark Freeport Zone

deprive the Procuring Entity of the benefits of free andopen competition;(iii)(iv)“collusive practices” means a scheme or arrangementbetween two or more bidders, with or without theknowledge of the Procuring Entity, designed to establishbid prices at artificial, non-competitive levels; and“coercive practices” means harming or threatening toharm, directly or indirectly, persons, or their property toinfluence their participation in a procurement process, oraffect the execution of a contract;(b)(c)will reject a proposal for award if it determines that the bidderrecommended for award has engaged in corrupt or fraudulentpractices in competing for the Contract; andwill declare a firm ineligible, either indefinitely or for a statedperiod of time, to be awarded Contract funded by the FundingSource if it at any time determines that the firm has engaged incorrupt or fraudulent practices in competing or, or in executing,a Contract funded by the Funding Source.3.2. Further, the Procuring Entity will seek to impose the maximum civil,administrative, and/or criminal penalties available under the applicablelaws on individuals and organizations deemed to be involved in any ofthe practices mentioned in ITB Clause 3.1.(a).3.3. Furthermore, the Funding Source and the Procuring Entity reserve theright to inspect and audit records and accounts of a contractor in thebidding for and performance of a contract themselves or throughindependent auditors as reflected in the GCC Clause 33.4. Conflict of Interest4.1. All bidders found to have conflicting interests shall be disqualified toparticipate in the procurement at hand, without prejudice to theimposition of appropriate administrative, civil, and criminal sanctions. ABidder may be considered to have conflicting interests with anotherBidder in any of the events described in paragraphs (a) through (c)and a general conflict of interest in any of the circumstances set out inparagraphs (d) through (g) below:(a)(b)A Bidder has controlling shareholders in common with anotherBidder;A Bidder receives or has received any direct or indirect subsidyfrom any other Bidder;8Clark Development CorporationSection II Instructions to BiddersAsphalt Overlay of CDC Roads