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State of Rajasthan - Section

Section 80 in Rajasthan Transparency in Public Procurement Rules, 2013

80. Code of integrity.

(1)All the officers or employees of the procuring entity shall, -
(a)maintain an unimpeachable standard of integrity both inside and outside their office;
(b)act in accordance with the provisions of the Act, these rules, guidelines issued under the Act and instructions;
(c)not allow any bidders to have access to information on a particular procurement, before such information is available to the public at large;
(d)not intentionally use unnecessarily restrictive or "tailored" specifications, terms of reference or statements of work that can discourage competition;
(e)not solicit or accept any bribe, reward or gift or any material benefit of any directly or indirectly promise of future employment from anyone, who has sought or is seeking procurement from the procuring entity;
(f)not have a financial interest in any bidder(s) responding to a procuring entity's bidding process and any person having financial interest in any bidder shall not participate in that procurement process;
(g)not disclose proprietary and source selection information, directly or indirectly, to any person other than a person authorised to receive such information;
(h)treat all bidders in a fair and equitable manner in line with the principle of fairness, integrity and transparency in the procurement process;
(i)provide all bidders identical information at the same time, during the bidding process;
(j)apply the same criteria of evaluation as specified in the bidding documents, bidder registration documents or pre-qualification documents and under no circumstances new evaluation criteria shall be introduced during the evaluation process;
(k)not entertain any favour, recreation, presents, services, etc. from the bidders or prospective bidders;
(l)protect the interests of the procuring entity under all circumstances while dealing with information and information sources;
(m)maintain confidentially of all bids;
(n)ensure that the selection of bidder is as per the bidding documents and is not influenced by personal reasons attributable to concerned officials in any manner; and
(o)disclose conflict of interest, if any.
(2)Any person participating in procurement process shall, -
(a)not offer any bribe, reward or gift or any material benefit either directly or indirectly in exchange for an unfair advantage in procurement process or to otherwise influence the procurement process;
(b)not misrepresent or omit information that misleads or attempts to mislead so as to obtain a financial or other benefit or avoid an obligation;
(c)not indulge in any collusion, bid rigging or anti-competitive behaviour to impair the transparency, fairness and progress of the procurement process;
(d)not misuse any information shared between the procuring entity and the bidders with an intent to gain unfair advantage in the procurement process;
(e)not indulge in any coercion including impairing or harming or threatening to do the same, directly or indirectly, to any party or to its property to influence the procurement process;
(f)not obstruct any investigation or audit of a procurement process;
(g)disclose conflict of interest, if any; and
(h)disclose any previous transgressions with any entity in India or any other country during the last three years or any debarment by any other procuring entity.