Common use of FRAUD AND CORRUPT PRACTICES Clause in Contracts

FRAUD AND CORRUPT PRACTICES. 18.1 The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Selection Process. Notwithstanding anything to the contrary contained in this document, the Employer shall reject a Bid without being liable in any manner whatsoever to the Bidder, if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”) in the Selection Process. In such an event, the Employer shall, without prejudice to its any other rights or remedies, forfeit the EMD, towards damages payable to the Employer for, inter alias, time, cost and effort of the Employer, in regard to this contract, including consideration and evaluation of such Bidder’s Proposal. 18.2 Without prejudice to the rights of the Employer and the rights and remedies which the Employer may have under the LOA or the Agreement, if a Bidder is found by the Employer to have directly or indirectly or through an agent, engaged or indulged in any prohibited practices during the Selection Process, such Bidder shall not be eligible to participate in any tender issued by the Employer during a period of two years from the date such Bidder, as the case may be, is found by the Employer to have directly or through an agent, engaged or indulged in any prohibited practices, as the case may be. 1. Attached are copies of original documents of 🞎 Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above 🞎 In case of a Government-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and absence of dependent status 2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. This Form shall be supplied with Identity proof of the authorized representative Know all men by these presents, We, ......................(name of organization and address of the registered office) do hereby constitute, nominate, appoint and authorise Mr./Ms. ...........................son/daughter/wife and presently residing at……who is presently employed with/retained by us and holding the position of ......., as our true and lawful attorney (hereinafter referred to as the "Authorised Representative"), with power to sub-delegate to any person, to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our Bid for “Renovation of existing Floating Terminal on pilot project basis at Pandu (Guwahati) on river Brahmaputra (National Waterway - 2). The selection of Contractor for Inland Waterways Authority of India (the "Employer") including but not limited to signing and submission of all applications, Bids and other documents and writings, participating in pre-bid and other conferences and providing information/responses to the Employer, representing us in all matters before the Employer, signing and execution of all contracts and undertakings consequent to acceptance of our Bid and generally dealing with the Employer in all matters in connection with or relating to or arising out of our Bid for the said Project and/or upon award thereof to us till the entering into of the Contract with the Employer. AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Authorised Representative pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Authorised Representative in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF WE, THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS…………... DAY OF , 20** For ... (Signature, Name, Designation and Address) Witnesses: 1.………………………………………… 2. ………………………………………… Accepted (Signature, name, designation and address of the Attorney) 1. The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure.

FRAUD AND CORRUPT PRACTICES. 18.1 The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Selection Process. Notwithstanding anything to the contrary contained in this document, the Employer shall reject a Bid without being liable in any manner whatsoever to the Bidder, if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”) in the Selection Process. In such an event, the Employer shall, without prejudice to its any other rights or remedies, forfeit the EMD, towards damages payable to the Employer for, inter alias, time, cost and effort of the Employer, in regard to this contract, including consideration and evaluation of such Bidder’s Proposal. 18.2 Without prejudice to the rights of the Employer and the rights and remedies which the Employer may have under the LOA or the Agreement, if a Bidder is found by the Employer to have directly or indirectly or through an agent, engaged or indulged in any prohibited practices during the Selection Process, such Bidder shall not be eligible to participate in any tender issued by the Employer during a period of two years from the date such Bidder, as the case may be, is found by the Employer to have directly or through an agent, engaged or indulged in any prohibited practices, as the case may be. 1. Attached are copies of original documents of 🞎 Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above � � In case of a Government-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and absence of dependent status 2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership. This Form shall be supplied with Identity proof of the authorized representative Know all men by these presents, We, ......................(name of organization and address of the registered office) do hereby constitute, nominate, appoint and authorise Mr./Ms. ...........................son/daughter/wife and presently residing at……who is presently employed with/retained by us and holding the position of ......., as our true and lawful attorney (hereinafter referred to as the "Authorised Representative"), with power to sub-delegate to any person, to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our Bid for “Renovation of existing Floating Terminal on pilot project basis at Pandu (Guwahati) on river Brahmaputra (National Waterway - 2). The selection of Contractor for Inland Waterways Authority of India (the "Employer") including but not limited to signing and submission of all applications, Bids and other documents and writings, participating in pre-bid and other conferences and providing information/responses to the Employer, representing us in all matters before the Employer, signing and execution of all contracts and undertakings consequent to acceptance of our Bid and generally dealing with the Employer in all matters in connection with or relating to or arising out of our Bid for the said Project and/or upon award thereof to us till the entering into of the Contract with the Employer. AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Authorised Representative pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Authorised Representative in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF WE, THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THINote: ANNEX A2: S POWER OF ATTORNEY ON THIS…………... DAY OF , 20** For ... (Signature, Name, Designation and Address) Witnesses: 1.………………………………………… 2. ………………………………………… Accepted (Signature, name, designation and address of the AttorneATTORNEYy) 1. The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure.