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[Cites 0, Cited by 0] [Section 80] [Entire Act]

State of Rajasthan - Subsection

Section 80(3) in Rajasthan Public Procurement Rules, 2012

(3)The detailed Code of Integrity. - The detailed Code of Integrity for personnel involved in procurement and for bidders is given below:-
(a)All procurement personnel shall maintain an unimpeachable standard of integrity in all business relationships, both inside and outside their offices. Ethical conduct shall apply in all dealings with bidders or prospective bidders. Procurement personnel shall never use their authority or office for personal gain and will seek to uphold and enhance the standing of their department/ organisation.
(b)All individuals are responsible for the regularity of actions taken by them in the course of their official duties, and any staff member that takes action contrary to the Act, these rules and other relevant rules/ regulations may be held personally responsible and financially liable for the consequences of such action.
(c)The standard of conduct for all personnel of the procuring entity involved in procurement actions includes, but is not limited to:
(i)Personnel shall not allow any bidders to have access to information on a particular acquisition, before such information is available to the public at large,
(ii)Personnel shall not intentionally use unnecessarily restrictive or "tailored" specifications, terms of reference or statements of work that can discourage competition,
(iii)Personnel shall not solicit or accept, directly or indirectly any promise of future employment from anyone who has sought or is seeking to obtain business from the procuring entity,
(iv)Personnel shall not have a financial interest in any bidder(s) responding to a procuring entity's bidding exercise and are prohibited from any involvement in the procurement action,
(v)Personnel shall not disclose proprietary and source selection information, directly or indirectly, to any person other than a person authorised to receive such information.
(vi)Procuring entity's personnel shall seek to treat all bidders in a fair and equitable manner in line with the principle of fairness, integrity and transparency in the procurement process.
(vii)During the solicitation phase, all bidders must receive identical information. Any clarifications to the solicitation documents must be provided at approximately the same time, in writing, to all bidders;
(viii)Specifications should be linked to function and to performance as much as possible. They must not be limit competition nor be unnecessarily restrictive;
(ix)During the evaluation, the evaluation criteria specified in the bidding documents must be applied in the same manner for each evaluated offer. Under no circumstances shall new evaluation criteria not mentioned in the bidding documents be introduced during the evaluation process.
(x)In cases where the personal interest of the procurement official is in conflict with the interest of the organization, such cases shall be immediately reported by the concerned official to appropriate authority.
(xi)The procurement officials shall not entertain any favour, recreation, presents, services, etc. by the potential bidders.
(xii)The interest of the Procuring Entity shall be protected under all circumstances while dealing with information and information sources by the procurement officials.
(xiii)It shall be ensured by procurement officials that all suppliers and service providers get the same correct information.
(xiv)Any information about competitors shall not be solicited by suppliers and service providers.
(xv)All bids shall be handled confidentially by procurement officials.
(xvi)It shall be ensured that selection of suppliers is done according to predetermined objective basis and is not influenced by personal reasons attributable to concerned officials in any manner.
(d)Conflict of interest. - A conflict of interest is considered to be a situation in which a party has interests that could improperly influence that party's performance of official duties or responsibilities, contractual obligations, or compliance with applicable laws and regulations.
(i)The situations in which a procuring entity's personnel may considered to be in conflict of interest includes, but not limited to, following:-