Common use of Corrupt and Fraudulent Practice Clause in Contracts

Corrupt and Fraudulent Practice. 19.1 If the procuring entity determines that the consultant and/or its Personnel, sub-contractors, sub-consultants, services providers and suppliers has engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices, in competing for or in executing the Contract, the procuring entity may, after giving 14 days’ notice to the consultant, terminate the consultant's employment. 19.2 Should any Personnel of the consultant be determined to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive practice during the execution of the Contract, that Personnel shall be removed. 19.3 For the purposes of this Clause, the terms set-forth below are defined as follows: “corrupt practice”2 is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; “fraudulent practice”3 is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; “collusive practice”4 is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party; “coercive practice”5 is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; “obstructive practice” is: deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Government investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or acts intended to materially impede the exercise of the Government’s inspection and audit rights provided for under Clause 6.

Corrupt and Fraudulent Practice. 19.1 If the procuring entity determines that the consultant and/or its Personnel, sub-contractors, sub-consultants, services providers and suppliers has engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices, in competing for or in executing the Contract, the procuring entity may, after giving 14 days’ notice to the consultant, terminate the consultant's employment. 19.2 Should any Personnel of the consultant be determined to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive practice during the execution of the Contract, that Personnel shall be removed. 19.3 For the purposes of this Clause, the terms set-forth below are defined as follows: “corrupt practice”2 practice”1 is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; “fraudulent practice”3 practice”2 is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; “collusive practice”4 practice”3 is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party; “coercive practice”5 practice”4 is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; “obstructive practice” is: deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Government investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or acts intended to materially impede the exercise of the Government’s inspection and audit rights provided for under Clause 6.

Corrupt and Fraudulent Practice. 19.1 If 24.1 The Consultant must observe the procuring entity highest standard of ethics during the selection and execution of such contracts. The Client will: (a) reject a proposal for award if it determines that the consultant and/or its Personnel, sub-contractors, sub-consultants, services providers and suppliers Consultant recommended for award has engaged in corrupt, fraudulent, collusive, coercive, corrupt or obstructive practices, fraudulent activities in competing for the contract in question; (b) cancel the portion of the loan/grant allocated to the Consultant’s contract if it at any time determines that corrupt or fraudulent practices were engaged in by the Consultant and/or its affiliates during the selection process or the execution of that contract, without the Consultant having taken timely and appropriate action satisfactory to the Government to remedy the situation; (c) declare a Consultant ineligible, either indefinitely or for a stated period of time, to be awarded a Government-financed contract if it at any time determines the Consultant has engaged in corrupt or fraudulent practices in competing for, or in executing a government financed contract; and (d) have the Contractright to require that in contracts financed by Government, a provision to be included requiring consultants to permit the procuring entity may, after giving 14 days’ notice Government and/or the Client to inspect their accounts and records relating to the consultant, terminate the consultant's employment. 19.2 Should any Personnel performance of the consultant be determined Contract and to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive practice during them audited by auditors appointed by the execution of the Contract, that Personnel shall be removedGovernment. 19.3 24.2 For the purposes of this Clause, the terms set-forth below are defined as follows: (a) “corrupt practice”2 practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (b) “fraudulent practice”3 practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (c) “collusive practice”4 practice” is an arrangement between two (2) or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party; “coercive practice”5 is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; “obstructive practice” is: deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Government investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or acts intended to materially impede the exercise of the Government’s inspection and audit rights provided for under Clause 6.;

Corrupt and Fraudulent Practice. 19.1 If 24.1 The Consultant must observe the procuring entity highest standard of ethics during the selection and execution of such contracts. The Client will: reject a proposal for award if it determines that the consultant and/or its Personnel, sub-contractors, sub-consultants, services providers and suppliers recommended for award has engaged in corrupt, fraudulent, collusive, coercive, corrupt or obstructive practices, fraudulent activities in competing for or the contract in executing question; cancel the Contract, portion of the procuring entity may, after giving 14 days’ notice loan/grant allocated to the consultant, terminate the consultant's employment. 19.2 Should ’s contract if it at any Personnel of the consultant be determined to have time determines that corrupt or fraudulent practices were engaged in corrupt, fraudulent, collusive, coercive, by Consultant and/or its affiliates during the selection process or obstructive practice during the execution of that contract, without the ContractConsultant having taken timely and appropriate action satisfactory to the Client to remedy the situation; declare a Consultant ineligible, either indefinitely or for a stated period of time, to be awarded Government-financed contract if it at any time determines that Personnel shall the Consultant has engaged in corrupt or fraudulent practices in competing for, or in executing, a Government financed contract; and have the right to require that, in contracts financed by the Client, a provision to be removedincluded requiring consultants to permit the Client to inspect their accounts and records relating to the performance of the Contract and to have them audited by auditors appointed by the Client. 19.3 24.2 For the purposes of this Clauseclause, the terms set-set forth below are defined as follows: “corrupt practice”2 practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another partyparty1; “fraudulent practice”3 practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party party2 to obtain a financial or other benefit or to avoid an obligation; “collusive practice”4 practice” is an arrangement between two (2) or more parties “parties3” designed to achieve an improper purpose, including to influence improperly the actions of another party; “coercive practice”5 practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a partyanother party4; “obstructive practice” is: is deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Government the Client’s investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or acts intended to materially impede the exercise of the GovernmentClient’s inspection and audit rights provided for under Clause clause 6.