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PROCUREMENT OF SECURITY SERVICES REQUIREMENT ... - NFA

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its findings as to the existence of grounds or causes for terminationand explicitly stating its recommendation for the issuance of aNotice to Terminate.b. Corrupt, Fraudulent, Collusive, and Coercive Practicesi. Unless otherwise provided in the SCC, the Procuring Entity as well as thebidders, contractors, or suppliers shall observe the highest standard ofethics during the procurement and execution of this Contract. In pursuanceof this policy, the Procuring Entity:1. defines, for the purposes of this provision, the terms set forth belowas follows:a. "corrupt practice" means behavior on the part of officials in the public orprivate sectors by which they improperly and unlawfully enrich themselves,others, or induce others to do so, by misusing the position in which they areplaced, and it includes the offering, giving, receiving, or soliciting of anythingof value to influence the action of any such official in the procurementprocess or in contract execution; entering, on behalf of the Government,into any contract or transaction manifestly and grossly disadvantageous tothe same, whether or not the public officer profited or will profit thereby,and similar acts as provided in Republic Act 3019.b. "fraudulent practice" means a misrepresentation of facts in order toinfluence a procurement process or the execution of a contract to thedetriment of the Procuring Entity, and includes collusive practices amongBidders (prior to or after bid submission) designed to establish bid prices atartificial, non-competitive levels and to deprive the Procuring Entity of thebenefits of free and open competition.c. “collusive practices” means a scheme or arrangement between two or moreBidders, with or without the knowledge of the Procuring Entity, designed toestablish bid prices at artificial, non-competitive levels.d. “coercive practices” means harming or threatening to harm, directly orindirectly, persons, or their property to influence their participation in aprocurement process, or affect the execution of a contract;e. “obstructive practice” is(aa)deliberately destroying, falsifying, altering or concealing of evidencematerial to an administrative proceedings or investigation or makingfalse statements to investigators in order to materially impede anadministrative proceedings or investigation of the Procuring Entityor any foreign government/foreign or international financinginstitution into allegations of a corrupt, fraudulent, coercive orcollusive practice; and/or threatening, harassing or intimidating anyparty to prevent it from disclosing its knowledge of matters relevantto the administrative proceedings or investigation or from pursuingsuch proceedings or investigation; or41

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