Common use of Ensuring Integrity in Procurement Practices Clause in Contracts

Ensuring Integrity in Procurement Practices. 1. Each Party shall ensure that criminal, civil, or administrative measures exist that can address corruption, fraud, and other wrongful acts in its government procurement. 2. These measures may include procedures to debar, suspend, or declare ineligible from participation in the Party’s procurements, for a stated period of time, a supplier that the Party has determined to have engaged in corruption, fraud, or other wrongful acts relevant to a supplier’s eligibility to participate in a Party’s government procurement. Each Party: (a) may consider the seriousness of the supplier’s acts or omissions and any remedial measures or mitigating factors in making any decisions on debarment or suspension, including in making a decision on whether to reduce the period or extent of debarment or suspension at the supplier’s request pursuant to paragraph 2(b)(ii); and (b) shall provide a supplier of the other Party directly implicated by a proceeding (i) reasonable notice that the proceeding was initiated, including a description of the nature of the proceeding, a statement of the authority under which the proceeding was initiated, and the reasons for the proceeding, and (ii) reasonable opportunity to present facts and arguments in support of its position; and (c) shall publish and update a list of enterprises and, subject to its law, natural persons it has debarred, suspended, or declared ineligible. 3. Each Party shall ensure that it has in place policies or procedures to address potential conflicts of interest on the part of those engaged in or having influence over a procurement. 4. Each Party may also put in place policies or procedures, including provisions in tender documentation, that require successful suppliers to maintain and enforce effective internal controls, business ethics, and compliance programs, taking into account the size of the supplier, particularly SMEs, and other relevant factors, for preventing and detecting corruption, fraud, and other wrongful acts.

Ensuring Integrity in Procurement Practices. 1. Each Party shall ensure that criminal, civil, or administrative measures exist that can address corruption, fraud, and other wrongful acts in its government procurement. 2. These measures may include procedures to debar, suspend, or declare ineligible from participation in the Party’s procurements, for a stated period of time, a supplier that the Party has determined to have engaged in corruption, fraud, or other wrongful acts relevant to a supplier’s eligibility to participate in a Party’s government procurement. Each Party: (a) may consider the seriousness of the supplier’s acts or omissions and any remedial measures or mitigating factors in making any decisions on debarment or suspension, including in making a decision on whether to reduce the period or extent of debarment or suspension at the supplier’s request pursuant to paragraph 2(b)(ii); and (b) shall provide a supplier of the other Party directly implicated by a proceedingproceeding applying procedures adopted or maintained under paragraph 2: (i) reasonable notice that the proceeding was initiated, including a description of the nature of the proceeding, a statement of the authority under which the proceeding was initiated, and the reasons for the proceeding, and (ii) reasonable opportunity to present facts and arguments in support of its position; and (c) shall publish and update a list of enterprises and, subject to its law, natural persons it has debarred, suspended, or declared ineligible. 3. Each Party shall ensure that it has in place policies or procedures to address potential conflicts of interest on the part of those engaged in or having influence over a procurement. 4. Each Party may also put in place policies or procedures, including provisions in tender documentation, that require successful suppliers to maintain and enforce effective internal controls, business ethics, and compliance programs, taking into account the size of the supplier, particularly SMEs, and other relevant factors, for preventing and detecting corruption, fraud, and other wrongful acts.