11.07.2015 Views

Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

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4. Conflict <strong>of</strong> Interest4.1. All bidders found to have conflicting interests shall be disqualified toparticipate in the procurement at h<strong>and</strong>, without prejudice to the imposition <strong>of</strong>appropriate administrative, civil, <strong>and</strong> criminal sanctions. A Bidder may beconsidered to have conflicting interests with another Bidder in any <strong>of</strong> theevents described in paragraphs (a) through (c) <strong>and</strong> a general conflict <strong>of</strong>interest in any <strong>of</strong> the circumstances set out in paragraphs (d) through (g)below:(a)(b)(c)(d)(e)(f)(g)A Bidder has controlling shareholders in common with another Bidder;A Bidder receives or has received any direct or indirect subsidy fromany other Bidder;A Bidder has the same legal representative as that <strong>of</strong> another Bidderfor purposes <strong>of</strong> this Bid;A Bidder has a relationship, directly or through third parties, that putsthem in a position to have access to information about or influence onthe bid <strong>of</strong> another Bidder or influence the decisions <strong>of</strong> the ProcuringEntity regarding this bidding process. This will include a firm or anorganization who lends, or temporarily seconds, its personnel to firmsor organizations which are engaged in consulting services for thepreparation related to procurement for or implementation <strong>of</strong> the projectif the personnel would be involved in any capacity on the same project;A Bidder submits more than one bid in this bidding process. However,this does not limit the participation <strong>of</strong> subcontractors in more than onebid;A Bidder who participated as a consultant in the preparation <strong>of</strong> thedesign or technical specifications <strong>of</strong> the goods <strong>and</strong> related services thatare the subject <strong>of</strong> the bid; orA Bidder who lends, or temporary seconds, its personnel to firms ororganizations which are engaged in consulting services for thepreparation related to procurement for or implementation <strong>of</strong> theproject, if the personnel would be involved in any capacity on the sameproject.4.2. In accordance with Section 47 <strong>of</strong> the IRR <strong>of</strong> RA 9184, all BiddingDocuments shall be accompanied by a sworn affidavit <strong>of</strong> the Bidder that it isnot related to the Head <strong>of</strong> the Procuring Entity, members <strong>of</strong> the Bids <strong>and</strong>Awards Committee (BAC), members <strong>of</strong> the Technical Working Group(TWG), members <strong>of</strong> the BAC Secretariat, the head <strong>of</strong> the ProjectManagement Office (PMO) or the end-user unit, <strong>and</strong> the project consultants,by consanguinity or affinity up to the third civil degree. On the part <strong>of</strong> thebidder, this Clause shall apply to the following persons:14

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