Salam and dear all,
In my previous postings (2nd April 2010, and 20th March 2010) I have directed all to effort made by the government to combat corruption, at tender stage, in the procurement of constructed facilities in the public sector.
In the private sector, similar effort includes that tenderers are required to submit together with their tenders signed document known as 'Declaration for non-collusion'.
A typical 'Declaration for non-collusion' includes statements such as:
- The tender is a bona-fide tender, intended to be competitive.
- A tenderer did not fix or adjust the tendered amount by or in accordance with any agreement or arrangement with any other person or any other firm participating in the tender.
- A tenderer did not disclose to other persons (except for the purpose of obtaining quotations for insurances for the preparation of the tender) or other tenderers of his tendered amount.
- A tenderer did not enter into any agreement with anyone that he shall not participate in the tender or as to the amount of his tender.
- The tenderer shall not pay or offer to pay / give or agree to give any sum of money and the likes either directly or indirectly to any person for doing something or causing or having caused something to be done in relation to his tender.
During post contract, the CIDB Standard Form of Contract for Building Works 2000 Edition, Clause 51 Miscellaneous Provisions, sub-clause 51.1 Business Ethics, requires a contractor to practice 'good business behaviour' in his dealings with the Employer thus "… shall properly reflect the facts about all activities and transactions handled for the account of the Employer". However, this provision does not address the issue of corruption during the pre-contract stages of a project.
Sources: Tender documents used in the private sector and the said CIDB form.
Wassalam.
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