Thandla-Limdi - Madhya Pradesh Road Development Corporation ...

4. FRAUD AND CORRUPT PRACTICES4.1 The Applicants and their respective officers, employees, agents and advisers shallobserve the highest standard of ethics during the Bidding Process.Notwithstanding anything to the contrary contained herein, the Authority mayreject an Application without being liable in any manner whatsoever to theApplicant if it determines that the Applicant has, directly or indirectly or throughan agent, engaged in corrupt practice, fraudulent practice, coercive practice,undesirable practice or restrictive practice in the Bidding Process.4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove, ifan Applicant is found by the Authority to have directly or indirectly or through anagent, engaged or indulged in any corrupt practice, fraudulent practice, coercivepractice, undesirable practice or restrictive practice during the Bidding Process,such Applicant shall not be eligible to participate in any tender or RFQ issued bythe Authority during a period of 2 (two) years from the date such Applicant isfound by the Authority to have directly or indirectly or through an agent, engagedor indulged in any corrupt practice, fraudulent practice, coercive practice,undesirable practice or restrictive practice, as the case may be.4.3 For the purposes of this Clause 4, the following terms shall have the meaninghereinafter respectively assigned to them:(a)“corrupt practice” means (i) the offering, giving, receiving, or soliciting,directly or indirectly, of anything of value to influence the actions of anyperson connected with the Bidding Process (for avoidance of doubt,offering of employment to, or employing, or engaging in any mannerwhatsoever, directly or indirectly, any official of the Authority who is orhas been associated in any manner, directly or indirectly, with the BiddingProcess or the LOA or has dealt with matters concerning the ConcessionAgreement or arising there from, before or after the execution thereof, atany time prior to the expiry of one year from the date such official resignsor retires from or otherwise ceases to be in the service of the Authority,shall be deemed to constitute influencing the actions of a personconnected with the Bidding Process); or (ii) save and except as permittedunder sub clause (d) of Clause 2.2.1, engaging in any manner whatsoever,whether during the Bidding Process or after the issue of the LOA or afterthe execution of the Concession Agreement, as the case may be, anyperson in respect of any matter relating to the Project or the LOA or theConcession Agreement, who at any time has been or is a legal, financialor technical adviser of the Authority in relation to any matter concerningthe Project;(b)“fraudulent practice” means a misrepresentation or omission of facts orsuppression of facts or disclosure of incomplete facts, in order to influence theBidding Process ;