PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staff, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Period: establish, maintain and enforce policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Services in connection with this Panel Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the Authority may by notice: require the Supplier to remove from the performance of this Panel Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Agreement for material Default. Any notice served by the Authority under Clause 40.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Agreement shall terminate).
Appears in 4 contracts
Samples: Panel Agreement, Panel Agreement, Panel Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and/or Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 4 contracts
Samples: Framework Agreement, Model Framework Agreement, assets.crowncommercial.gov.uk
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 39.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 39.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and/or Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 39.1, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.439.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 17 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 39.1,the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 39.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 3 contracts
Samples: Vehicle Lease and Fleet Management Framework Agreement, Framework Agreement, Postal Goods and Services Framework Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel DPS Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel DPS Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel DPS Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 34.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel DPS Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 34.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Services in connection with this Panel Dynamic Purchasing System Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1Clause 34.1, 40.2 and 40.3.234.2 or 34.3.2, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Dynamic Purchasing System Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Dynamic Purchasing System Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.434.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit Audit any books, records and/or any other relevant documentation in accordance with Clause 18 15 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 34.1, the Authority may by notice: require the Supplier to remove from the performance of this Panel Dynamic Purchasing System Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Dynamic Purchasing System Agreement for material Default. Any notice served by the Authority under Clause 40.6 34.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Dynamic Purchasing System Agreement shall terminate).
Appears in 2 contracts
Samples: Health and Social Care, Health and Social Care
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority Fund or any of the AuthorityFund’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 35.3.1 and make such records available to the Authority Fund on request; if so required by the AuthorityFund, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the AuthorityFund, the compliance with this Clause 40.3 35.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and/or Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority Fund may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority Fund on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority Fund in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 35.1, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority Fund pursuant to Clause 40.435.4, the Supplier shall respond promptly to the AuthorityFund's enquiries, co-operate with any investigation, and allow the Authority Fund to audit any books, records and/or any other relevant documentation in accordance with Clause 18 16 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the Authority 35.1,the Fund may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority Fund under Clause 40.6 35.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority Fund believes has committed the Prohibited Act and the action that the Authority Fund has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 2 contracts
Samples: Framework Agreement, www.contractsfinder.service.gov.uk
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1105.1.7; keep appropriate records of its compliance with its obligations under Clause 40.3.1 105.1.7 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 105.1.6 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and/or Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1105, 40.2 105.1.3 and 40.3.2105.1.8, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.4105.1.12, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 42 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 105,the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 105.1.17 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 2 contracts
Samples: assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 40.340.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and/or Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses Clause 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 2 contracts
Samples: Services Framework Agreement, Services Framework Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 38.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 38.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 38.1, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.438.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 16 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 38.1,the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 38.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
Samples: assets.crowncommercial.gov.uk
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 39.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 39.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 39.1, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.439.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 19 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 39.1,the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 39.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
Samples: Template Framework Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Lease Agreement Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Lease Agreement Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Lease Agreement Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 59.3.1 and make such records available to the Authority Customer on request; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Panel Lease Agreement Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 40.3 of Supplier and all persons associated with the Supplier it or its Key Sub-Contractors or other persons who are responsible for supplying the Panel Goods and/or Services in connection with this Panel AgreementLease Agreement are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority Customer on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 59.1, or has reason to believe that it has or any of the Supplier Personnel hashave: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Lease Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Lease Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority Customer pursuant to Clause 40.459.4, the Supplier shall respond promptly to the AuthorityCustomer's enquiries, co-operate with any investigation, and allow the Authority Customer to audit any books, records and/or any other relevant documentation in accordance with Clause 18 24 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the Authority 59.3, the Customer may by notice: require the Supplier to remove from the performance of this Panel Lease Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Lease Agreement for material Default. Any notice served by the Authority Customer under Clause 40.6 59.4 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority Customer believes has committed the Prohibited Act and the action that the Authority Customer has elected to take (including, where relevant, the date on which this Panel Lease Agreement shall terminate).
Appears in 1 contract
Samples: Lease Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority CCS or any of the AuthorityCCS’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require have in place reasonable prevention measures (as defined in sections 45(3) and 46(4) of the Criminal Finance Act 2017) to ensure that its Sub-Contractors establish, maintain Associated Persons of the Supplier do not commit tax evasion facilitation offences as defined under that Act; take account of any guidance about preventing facilitation of tax evasion offences which may be published and enforce updated in accordance with Section 47 of the policies and procedures referred to in Clause 40.3.1Criminal Finances Xxx 0000; keep appropriate records of its compliance with its obligations under Clause 40.3.1 29.3.1 and make such records available to the Authority CCS on request; if so required by the AuthorityCCS, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the AuthorityCCS, the compliance with this Clause 40.3 29.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority CCS may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority CCS on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Unless prohibited by applicable Law, the Supplier shall immediately notify the Authority CCS in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 29.1, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority CCS pursuant to Clause 40.429.4, the Supplier shall respond promptly to the AuthorityCCS's enquiries, co-operate with any investigation, and allow the Authority CCS to audit any books, records and/or any other relevant documentation in accordance with Clause 18 11 (Records, Records and Audit Access and Open Book DataAccess). If the Supplier breaches Clause 40.1,the Authority 29.1, CCS may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority CCS under Clause 40.6 29.6 shall specify the nature of the Prohibited Act, Act the identity of the Party who the Authority CCS believes has committed the Prohibited Act and the action that the Authority CCS has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
Samples: assets.crowncommercial.gov.uk
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel DPS Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Dynamic Purchasing System Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Dynamic Purchasing System Period: establish, maintain and enforce policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1101.1.7; keep appropriate records of its compliance with its obligations under Clause 40.3.1 101.1.7 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel DPS Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 101.1.6 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and/or Services in connection with this Panel Dynamic Purchasing System Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1101., 40.2 101.1.3 and 40.3.2101.1.8, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Dynamic Purchasing System Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Dynamic Purchasing System Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.4101.1.12, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 42. (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 101.,the Authority may by notice: require the Supplier to remove from the performance of this Panel Dynamic Purchasing System Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Dynamic Purchasing System Agreement for material Default. Any notice served by the Authority under Clause 40.6 101.1.17 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Dynamic Purchasing System Agreement shall terminate).
Appears in 1 contract
Samples: Dynamic Purchasing System Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Call Off Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Call Off Contract Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Call Off Contract Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 50.3.1 and make such records available to the Authority Customer on request; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Panel Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 40.3 of Supplier and all persons associated with the Supplier it or its Key Sub-Contractors or other persons who are responsible for supplying the Panel Goods and/or Services in connection with this Panel AgreementCall Off Contract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority Customer on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 50.1, or has reason to believe that it has or any of the Supplier Personnel hashave: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Panel Agreement Call Off Contract has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority Customer pursuant to Clause 40.450.4, the Supplier shall respond promptly to the AuthorityCustomer's enquiries, co-operate with any investigation, and allow the Authority Customer to audit any books, records and/or any other relevant documentation in accordance with Clause 18 21. (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the Authority 50.3, the Customer may by notice: require the Supplier to remove from the performance of this Panel Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Agreement Call Off Contract for material Default. Any notice served by the Authority Customer under Clause 40.6 50.4 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority Customer believes has committed the Prohibited Act and the action that the Authority Customer has elected to take (including, where relevant, the date on which this Panel Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: www.whatdotheyknow.com
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Call Off Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Call Off Contract Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Call Off Contract Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 51.3.1 and make such records available to the Authority Customer on request; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Panel Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 40.3 of Supplier and all persons associated with the Supplier it or its Key Sub-Contractors or other persons who are responsible for supplying the Panel Services in connection with this Panel AgreementCall Off Contract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority Customer on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 51.1, or has reason to believe that it has or any of the Supplier Personnel hashave: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Panel Agreement Call Off Contract has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority Customer pursuant to Clause 40.451.4, the Supplier shall respond promptly to the AuthorityCustomer's enquiries, co-operate with any investigation, and allow the Authority Customer to audit any books, records and/or any other relevant documentation in accordance with Clause 18 22 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the Authority 51.3, the Customer may by notice: require the Supplier to remove from the performance of this Panel Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Agreement Call Off Contract for material Default. Any notice served by the Authority Customer under Clause 40.6 51.4 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority Customer believes has committed the Prohibited Act and the action that the Authority Customer has elected to take (including, where relevant, the date on which this Panel Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: assets.crowncommercial.gov.uk
PREVENTION OF FRAUD AND BRIBERY. The Supplier Subcontractor represents and warrants that neither it, nor to the best of its knowledge any Supplier Subcontractor Personnel, any person acting on their behalf, have at any time prior to the Panel Commencement Effective Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier Subcontractor, Subcontractor Personnel, or any person acting on their behalf shall not during the Panel PeriodTerm: commit a Prohibited Act; and/or do or suffer anything to be done which would could cause the Authority Sightsavers and/or DFID or any of the AuthoritySightsavers and/or DFID’s staffemployees, consultants, contractorssuppliers, sub-contractors subcontractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier Subcontractor shall during the Panel PeriodTerm: establish, maintain and enforce enforce, and require that its Subcontractor Personnel establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 35.3.1 and make such records available to the Authority Sightsavers and/or DFID on request; if so required by the Authority, within twenty (20) Working Days of the Panel Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Services in connection with this Panel Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers behalf from committing a Prohibited Act. The Supplier Subcontractor shall immediately notify the Authority Sightsavers in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 35.1 and/or Clause 35.2, or has reason to believe that it has or any of the Supplier Personnel hasSubcontractor Personnel, servants, agents or subcontractors, or any person acting on their behalf have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarmentdisbarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Agreement or otherwise suspects that any person or Party party directly or indirectly connected with this Panel Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification The Subcontractor warrants and represents to Sightsavers that to the Authority best of its knowledge, that neither the Subcontractor, Subcontractor Personnel, servants, agents or subcontractors, or any person acting on their behalf: has given, offered or agreed to give or accepted, any gift or consideration of any kind as an inducement or reward for doing or for bearing to do or for having done or forborne to do any act in relation to the obtaining or execution of any contract or for showing or forbearing to show favour or disfavour to any person or entity in relation to any contract; or has entered into any contract in connection with which commission has been paid or agreed to be paid by or to the Subcontractor or Subcontractor Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any such commission and of the terms of any agreement for the payment of such commission were disclosed in writing to Sightsavers, whose written consent was subsequently given to such payment. Neither the Subcontractor or the Subcontractor Personnel or any person acting on their behalf shall accept for their own benefit or pass on for the benefit of partner government, recipient or end user, any trade commission, discount, voucher scheme, re‐sale or similar payment or benefit in connection with this Agreement. Where the Subcontractor or Subcontractor Personnel, or any person acting on their behalf, does any of the acts mentioned in Clause 35.5 or commits any offence under the Xxxxxxx Xxx 0000, with or without the knowledge of the Subcontractor, in relation to this Agreement or any contract with the Crown, Sightsavers shall be entitled: to terminate the Agreement with immediate effect by written notice to the Subcontractor and recover from the Subcontractor the amount of any Losses resulting from the termination; to recover from the Subcontractor the amount or value of any such gift, consideration or commission; to recover from the Subcontractor any other Losses sustained as a result of any breach of this Clause 35, whether or not the Agreement is terminated. Sightsavers, the Subcontractor and the Subcontractor Personnel shall immediately and without undue delay inform each other of any event that interferes or threatens to materially interfere with the successful delivery of the Services, whether financed in full or in part by DFID, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. ANTI-TERRORISM REGULATIONS In accordance to the Terrorism Xxx 0000 and all subsequent regulations pursuant to Clause 40.4this Act, the Supplier shall respond promptly Subcontractor will assure itself to the Authority's enquiriesbest of its knowledge that any payment received under, co-operate with any investigationor relating to this Agreement, and allow including financial assets or economic resources is not made available, either directly or indirectly to, or for the Authority to audit any booksbenefit of persons, records and/or any other relevant documentation groups or entities listed in accordance with European Council Regulation EC/2580/2001 (as amended) and/or the Terrorism (United Nations Measures) Orders 2009 of the United Kingdom, or contravene the provisions of those and any subsequent applicable terrorism legislation. The Subcontractor represents and warrants that neither it, nor to the best of its knowledge any Subcontractor Personnel, servants, agents or subcontractors, or any person acting on their behalf, have at any time prior to the Effective Date and/or during the Term appeared on the Home Office Proscribed Terrorist Organisations List. The Subcontractor shall immediately notify Sightsavers in writing if it becomes aware of any breach of Clause 18 (Records36.1 and/or Clause 36.2, Audit Access or has reason to believe that it has or any Subcontractor Personnel, servants, agents or subcontractors, or any person acting on their behalves have: been subject to an investigation or prosecution which relates to an alleged infringement of Clause 36.1 and/or Clause 36.2; been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts. Where the Subcontractor or any of his employees, servants, agents or subcontractors, or any person acting on their behalf, breaches any of the acts mentioned in Clause 36.1 and/or Clause 36.2 commits any offence under the Terrorism Xxx 0000, with or without the knowledge of the Subcontractor, in relation to this Agreement or any contract with the Crown, Sightsavers shall be entitled: to terminate the Agreement with immediate effect by written notice to the Subcontractor and Open Book Data). If the Supplier breaches Clause 40.1,the Authority may by notice: require the Supplier to remove recover from the performance Subcontractor the amount of any loss resulting from the termination; to recover from the Subcontractor any other loss sustained as a result of any breach of this Panel Clause 36, whether or not the Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Agreement for material Default. Any notice served by the Authority under Clause 40.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Agreement shall terminate)been terminated.
Appears in 1 contract
Samples: Subcontractor Services Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 39.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 39.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and/or Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 39.1, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.439.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 17 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 39.1, the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 39.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
Samples: Vehicle Purchase Framework Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 101.1.7 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 101.1.6 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and/or Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 101, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.4101.1.11, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 40 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 101, the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 101.1.16 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
Samples: Vehicle Purchase
PREVENTION OF FRAUD AND BRIBERY. The Supplier Consultant represents and warrants that neither it, nor to the best of its knowledge any Supplier Consultant 's Personnel, have at any time prior to the Panel Commencement Effective Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier Consultant shall not during the Panel Periodterm of this Agreement: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority Client or any of the Authority’s staffClient's employees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements Bribery Act or otherwise incur any liability in relation to the Relevant RequirementsBribery Act. The Supplier Consultant shall during the Panel Periodterm of this Agreement: establish, maintain and enforce enforce, and require that its Sub-contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements Bribery Act and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 2.3(a) and make such records available to the Authority Client on request; if so required by the Authority, within twenty (20) Working Days of the Panel Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Services in connection with this Panel Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers behalf from committing a Prohibited Act. The Supplier Consultant shall immediately notify the Authority Client in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 2.1 and/or 2.2, or has reason to believe that it has or any of the Supplier Consultant 's Personnel hashave: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Agreement has committed or attempted to commit a Prohibited Act. If the Supplier Consultant makes a notification to the Authority Client pursuant to Clause 40.42.4, the Supplier Consultant shall respond promptly to the AuthorityClient's enquiries, co-operate with any investigation, and allow the Authority Client to audit any books, records and/or any other relevant documentation in accordance with Clause 18 (Records, Audit Access and Open Book Data)5: AUDIT. If the Supplier breaches Clause 40.1,the Authority Consultant is in Default under Clauses 2.1 and/or 2.2, the Client may by notice: require the Supplier Consultant to remove from the performance of this Panel Agreement any Supplier Consultant 's Personnel whose acts or omissions have caused the Supplier’s breachDefault; or immediately terminate this Panel Agreement for material DefaultAgreement. Any notice served by the Authority Client under Clause 40.6 2.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority Client believes has committed the Prohibited Act and the action that the Authority Client has elected to take (including, where relevant, the date on which this Panel Agreement shall terminate). Freedom of information The Consultant acknowledges that the Client is subject to the requirements of the FOIA and the EIRs. The Consultant shall: provide all necessary assistance and cooperation as reasonably requested by the Client to enable the Client to comply with its obligations under the FOIA and EIRs; transfer to the Client all Requests for Information relating to this Agreement that it receives as soon as practicable and in any event within 2 Working Days of receipt; provide the Client with a copy of all Information belonging to the Client requested in the Request For Information which is in its possession or control in the form that the Client requires within 5 Working Days (or such other period as the Client may reasonably specify) of the Client's request for such Information; and not respond directly to a Request For Information unless authorised in writing to do so by the Client. The Consultant acknowledges that the Client may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Consultant . The Client shall take reasonable steps to notify the Consultant of a Request For Information (in accordance with the Secretary of State's section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this Agreement) the Client shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and/or the EIRs.
Appears in 1 contract
Samples: Appendix 1
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; Act keep appropriate records of its compliance with its obligations under Clause 40.3.1 17 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 39.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 39.1, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.439.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 17 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 39.1, the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 39.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 37.3.1 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 37.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 37.1, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.437.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 15 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 37.1, the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 37.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority Fund or any of the AuthorityFund’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 34.3.1 and make such records available to the Authority Fund on request; if so required by the AuthorityFund, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the AuthorityFund, the compliance with this Clause 40.3 34.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and/or Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority Fund may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority Fund on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority Fund in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 34.1, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority Fund pursuant to Clause 40.434.4, the Supplier shall respond promptly to the AuthorityFund's enquiries, co-operate with any investigation, and allow the Authority Fund to audit any books, records and/or any other relevant documentation in accordance with Clause 18 15 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the Authority 34.1,the Fund may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority Fund under Clause 40.6 34.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority Fund believes has committed the Prohibited Act and the action that the Authority Fund has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
Samples: www.contractsfinder.service.gov.uk
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel Framework Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Framework Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Framework Period: establish, maintain and enforce enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1; keep appropriate records of its compliance with its obligations under Clause 40.3.1 83.1.7 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 83.1.6 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Services in connection with this Panel Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1, 40.2 and 40.3.2Clause 83, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Framework Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.483.1.11, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 30 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 83, the Authority may by notice: require the Supplier to remove from the performance of this Panel Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Framework Agreement for material Default. Any notice served by the Authority under Clause 40.6 83.1.16 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Framework Agreement shall terminate).
Appears in 1 contract
Samples: Network Services Framework Agreement
PREVENTION OF FRAUD AND BRIBERY. The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, have at any time prior to the Panel DPS Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not during the Panel Dynamic Purchasing System Period: commit a Prohibited Act; and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s staffemployees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. The Supplier shall during the Panel Dynamic Purchasing System Period: establish, maintain and enforce policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1101.1.7; keep appropriate records of its compliance with its obligations under Clause 40.3.1 101.1.7 and make such records available to the Authority on request; if so required by the Authority, within twenty (20) Working Days of the Panel DPS Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 40.3 101.1.6 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Panel Goods and/or Services in connection with this Panel Dynamic Purchasing System Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Suppliers Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clauses 40.1101, 40.2 101.1.3 and 40.3.2101.1.8, or has reason to believe that it has or any of the Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act; been listed by any Government government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Government government procurement programmes or contracts on the grounds of a Prohibited Act; and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Panel Dynamic Purchasing System Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Panel Dynamic Purchasing System Agreement has committed or attempted to commit a Prohibited Act. If the Supplier makes a notification to the Authority pursuant to Clause 40.4101.1.12, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 18 42 (Records, Audit Access and Open Book Data). If the Supplier breaches Clause 40.1,the 101,the Authority may by notice: require the Supplier to remove from the performance of this Panel Dynamic Purchasing System Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Panel Dynamic Purchasing System Agreement for material Default. Any notice served by the Authority under Clause 40.6 101.1.17 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Panel Dynamic Purchasing System Agreement shall terminate).
Appears in 1 contract
Samples: Dynamic Purchasing System Agreement